The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-26
FEBRUARY 26, 1864.
LEGAL NOTICE.
chs 1 s,a1s ., oh.s, In Court o cOmmon Plea,
Er.stoa Snsueet Plaintiff

L btttUuuIltS.
THE said Joseph w. Champlin and James NJ
L Champiin, defendants, who arc non.resi
dents OF the State OF Ohio, will take notice tina
on the nth day OF February, A. ID. 1861, tn,
painful, Ernstus Spencer, filed in the office Of
the Clerk OF said Court. his petition agains
them and others. setting forth IN substance tina
tho said plaintiff, with Uri Seeley, Harvey Gran
and Benjamin b.. Woodbury.. prior to the 25tl
day OF January, a.. ID; 1889, executed and deliv.
cred TO said Joseph w. ChaInplIn their tire,
several u'tes, each Tor the sum of $1,000, datec
respectively January Sd, 1887, January l4th
1887, and February Sd, 1857, which said severa
promissoty notes each were given for the sum o
$3.50 money loaned by said Joseph w, to saic
plaintiff, Cram, Seeley and Woodbury., nnc
which uo;es were payable TO said Joseph w
Champlin or bearer, with interest at ten pc. cent
per nnnum until paid, the interest to DO paid
semi-annualiy. and all interest ultor due TO draw
ten per cent. somi.annually till paid. Thai
IRON the amount OF each OF said promise DRY notes
at the date thereof, there was reserved and W nth.
held by the said Joseph w Champlin tho sum o
$50, as and tor and by way oil payment OF usuri.
Gus interest on said netes respectively, and to
said amount OF $3.50 said promissorv notes were
without consideration aud void. That on the
25th day OF January, A D. 1859, the said plain.
III, Seeioy, Cram and Woodbury. took up and
Cancelled said notes. That said notes, on said
day last aforesaid, with interest as aforesaid
amounted 10 the sum Of Sl0,965 70. That, b,
reason OF the aforesaid ~usurious contracts, mad
at the date of said promissory notes, the con,
tIuttSt ntItlH contained Tor tue payment OF in,
terest became and were absolutely null npd
void, and that tho amount really and Justly du,
70 said Joseph W., on account of the none,
loaned tor which said notes were given, was only
the sum OF S9.Se7 81, and no more. That on
the date last aforesaid, the plaintiff, with said
Soeley, Cram and Woodbury., in payment of The
amount claimed due by said Joseph Won snio
hrst three protnissory notes, to wit. the sum OF
$1,000 az, and in consideration OF the sum Of
1854 % then loaned to them by said Joseph w
Champlin, executed and delivered to him their
four several proInissory notes Of TINT date, en.h
Tor the sum OF $1,000, payable to snid Joseph w
ChnmpIin or bearer on the 25thi ooy of Januury,
1852, with interest at ten per cent. per annum un-
ill paid, the interest to be paid semiannuaily. and
all interest after DIE to draw ten per cent. semi.
annually I'LL paid. That from the amount of said
tour promissory notes, at the date thereof, there
was reserved and withheld by said Joseph w. the
sum OF $500, as and for aud by way OF payment
oil ~usurious interest on said notes, and to said
amount OF 500, in addition to the amounts
above specified, said promlssory notes were with.
out consideration and void. That on the 2jth
day OF January, a. ID. 1859. the plaintiff, to sc.
cure the payment OF said four promissory notes,
executed and delivered to said Joseph w Champ
lin u mortgage deed OF the following described
premises, situate in Munson in said County, and
known and described as follows. 70 wit: Forty.
seven andono.half acres of land being the sumo
land decided TO said Spencer by John Storm and
wife, BY deed bearing date Nov. l7th, l9I5, aud
recorded IN Geanga County Records, vol. 3G,pages
- t'~' NhlNp MY hIitSO VI IuIlu UbtuGu 10
said Spencer by Asher B. Fowler by deed bearing
date the 18Th OF February, 1886, ana recorded in
Geauga County Records, vol. 36, pnges36l and 3G2,
Als1 two other pieces OF land, one Of 13 21-IOo
acres, aud one OF IL acres, described in n deed to
sald Spencer by Nelson Millet. bearing date Nov.
sd, 1874 and recorded in Geauga County Rec.
ords, vol. 80, pages 40 and Al. Also one other
piece or parcel OF land decided by Hilen Garfield,
Admlnistrato ct John Kirby, to said Spencer,
by deed bearing date Nov Goth, 1916, and re.
corded 10 Geauga County Records, vol. 81, pages
236 and 297. For n more full description re Ter.
ence may be had to said deeds. And all OF soid
lots oil land containing ono hundred and eighty.
five and 50.l00 acres OF land. Also 25 50 100
acres OF land In tho township OF ClaridoL, Geau.
ga County, Ohio, being the Same land decided 10
said Spencer by Joint. Talbot and wife, by deed
bearing date 18th January, 1851. and recorded
3d5, reference being had to said deed for a NOR,
full, description. Be the same more or less, but
subject to all legal highways. And thereby con.
veyed to said Joseph w. said real estate, subject
only TO the condition that the plaintiff should pay
SAID Tour noies according to the tenor and effect
thereof. That said mortgage deed is duly 70.
corded in vol 30, pages 2L3 and ga, of Geaupa
County Records OF Mortgages. That the follow.
ing payments have been made ON said proniissory
notes by the p%taiutiit, Cram, Seeley and Wood.
bury, as follows, 10 wit. July 25lh, 1859, $500 ;
January 18th, 1860, 5000 July 2Jth, 1860. 5000 .
January 25th. 1861 5000; July 25th, 1861, 5000 ;
January 25tl,, le69, $500 March Ilth, 1862,
o. Scf ufu olt VI Hull nDltS was TAKEN I'm .
and on the 9th day of June. 1869, s3l6. That
no other payments have been made the reon ,lcay.
ing a large sum due and unpaid thereon, which
said sum was not paid at the time appointed Tor
tihnt purpose, and is still unpaid. That said
three notes and said mortgage are still outs,and.
ing in iull force,exceptn MS a aforesaid ,uncancelod g.
u1discharged, whereby said estate in said premises
OF said Joseph w ,Chnmplin and his assigns, Inns
become absolute at law, subject to the RIGHTS
and equities OF tho snid ~plairtiff to redeem the
eltlG, lnlf, DV reASDl OF tho IuIilITp nj ppusi1.
erations aforesaid, and by reason Of the nforc.
sad usurious amounts Incorporated into said four
promissory notes, and by reuson Of the aJoro-
said uSurions contracts made at tho date OF snid
Tour proniissory notes, the contracts therein con-
talned Tor the payment OF the interest, and said
other amounts aforesaid, became and were NIB.
soluiely null and void and that the amount of The
balance really and Justly due on said four prom.
issory nolos, ON tho 18th day OF December, 1862,
20 the said Joseph w. or tho said james Al,
Champlin, on account of tho money actually
loaned, Tor which said notes weIo given. was
only the sum OF S52i6 81, and no more That
all OF said business and transactions between
the parties were with tho said James NJ. Champ
lin, who acted ao the agent OF said Joseph w.
but since, and on The date last aforesaid, said
James NJ. claimed to be the owner OF said out.
standing notes, aui thut said notes and mortgage
are now the property and aro in the possession
OF said James M Champ!in. That since tho ma.
turity OF said notes, the plainhiI, Cram and
Woodbury. have at all times been ready 10 pay
Nlo suHio. lHu Uu tHU iflH uny OF Dece mboT, /
1869, at the city Of Detroit in tho State of Mich.
lgan, tho plaintiff then and there rendered and of.
tered TO said James M. the sum of s9863 SO in
legal tender, good and lawful money Of tho Uni.
ted States, In payment and discharge of said
three notes and mortgage; but he then aud
there refused TO receive said sum or any part
thereof, and refused TO cancel said notes and
mortgage, and deliver tho same TO plaintiff, and
That ever since the plaintlH,Cram and Woodbury.
have kept said sum ready to pay the amount
justly due on said outstanding notes, and the
plaintiff brings said sum OF S9s63 80 into this
Court 10 abide the order thereof, as TO tho
amount 80 as aforesaid due thereon, aud no iur.
thor amount. That said noles were drawn tor a
greater rate and amount OF interest than is al.
lowed by law that the contracts therein con.
tanned tor the payment OF / nleres. are mill and
void; and the the only rate which the owner of
sud notesl so emitted to isslx per cent. per unnum
upon me money loaned, HON tho date Of the adj
vancemnnt respectively, and no more. The OBJ.
)ect ana prayer OF which petition ia in substance,
as follows ihat said iour promissory notea.
and the said contracts aud transactions con. :
corning the same, DO declared illegal ugurions
and void to the extent hereinbel, re set forth
That an account be taken of tho amount renily
and justly due on said three outs nnding notes "a
18th December, 1862, after deductinp snld illcgni
unjust and ~usurious amounts aforesaid, aud ali
payments made on each and all OF said four pron,.
issory notes, That the Court wan order ,he
amount so found due to be held by the Clerk Of
this Court Tor the use ond benefit of the said
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