The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-12

NOTICE.
The State ef Ohio,
Geangn County ,ss.j In Court Of Com. Pleas,
b.. b. Woodbury., Plaintiff,

James M. Champin ct al,
Defendants. ny cJ-.,...,,.,
l. Champlin, DEUS, who arc ncn-residents or
the State Of Ohio. will take notice that on the
llth day of Feb, A. D.. 1864. the plaintiff, B. +.
Woodbury., filed in the office Of the Clerk OF
said Court. his petition against them and others,
Fetting forth in substance that the said plaintiff,
with Uri Seeley, Harvey Cram and Erostus
Spencer, prior to the 25th day Of January, A..
u. 1889, executed and delivered TO said Joseph
w. Champlin their three several notes, each for
the sum of $4,000, dated respectively, January
ID, 1857, ] anuory il,h, 1857, and Feb. Sd, 1857,
which said several promissory notes each were
given for the sum OF $3.50 money loaned by the
said Joseph w. TO said plaintiff, Cram, Sceley
and Spencer, and which notes were payable
TO said Joseph w. Champlin or bearer, with in
terest at 10 per cent. per nnnum until paid, the
interest to be paid somi.nnnually, and oil inter-
est after due to draw 10 per cent. semi annually
till paid. That from the amount Of each OF said
promissory notes, ut the date thereof, there was
reserved and withheld by the said Joseph w.
Champl.p, the sum Of $3.50, IA and for and by
way Of payment Of %usurious interest on the said
notes respectively, and TO said amount of $3.50
said promi.sory notes were without oousidera'
ton and void. That on the 25th day OF January.
l., ID. 1859, the said plaintiff, Seelcy, Cram md
Spencer took up and cancelled snid notes
That said notes, on tho said day last Aforesaid
with interest as aforesaid, amounted to the sum
Of SlO,965, ~. That, by reason oithe aforesaid
usurious contracts, made ut the date OF the said
promissory notes tho contracts therein contained
Tor the payment Of interest became and were alb
soIutely null and void aud that the amount real
ly and Justly due to said Joseph w., on account
of The money loaned for which said notes were
given, wus only the sum OF 50, 1881, 81 aud no
more That on the date la ST aforesaid the plain
till. with said Soeley, Cram and Spencer, in
payment OF the amount claimed due by said Jo-
seph W., on said first three promissory notes, to
wit; the sum Of sl0,965, ~, and in consideration
of the sum oil 1884 % then loan ell to them BY
said Joseph w. Champlin, executed and deliv
cred to him their four several premissory notes
of that date, each for the sum Of S300t, PAYABLE
TO snid Joseph w. Chumplin or bearer, on the
25th day OF January, 1862, with interest nj ten
per cent. per unnum until paid. the interest TO
be paid semi.annualIy, and al. interest after due
to draw 10 per cent. soml-annualIy till paid
That from the amount of said four promissory
notos, at the date thereof, there was reserved and
withheld by said Joseph W.. the sum of $500, as
and for and by way oil payment OF ~usurious in
terest on said notes, and to said amount OF 800
said promissory notes were without consideration
and void. That on the 2jtii day of January, A.
ID. 1859, the plaintiff, To secure the payment of
said four promissory notes, executed and dellv.
cred to said Joseph w. Champlin a mortgape
decd of the following described real estu te, I'd wit:
Situate in the township Of Munson, being No.
8 in the eighth Range of townships In the Con.
| neciicut Western Reserve IN The State Of Ohio,
and which is also in the County of Geauga, and
Is kQOWn ny Doing puTlS OF lois NO Iwb and
7, In tract No. |. cas-. division in great lot No.
4 in said township Of Munson, and described MS
fellows: Beginning ut tho east line of said Tn.
at the south east corner OF land set of 10 Patty
NJ. Peck, in a partition made by the Court Of
| Common Pleas of said Geauga Connry: thence
west along said line TO the center ofthe State
road leading from Chardon TO Ravenna 81 chs.
and 65 links; thence along the center of said
road 20 chains and &c links; thence east "a chs
and SO ink to the cas-. line o! said town. thence
north along said tom line 10 chains aud DC
links to the south.enst corner of land n said lot
3 belonging 10 E. p. Allen; tience west 5 che.
to the southwest conner OF the same, thence
north4 chains and &c links along said Aliens
line; thence east 2 chains 81 Nm ks to The town
line; thence north 5 chains aud SO links 10 the
p acoo OF beg inning Also commencing in the Stat
rond ut the point Of intersection Of the south line
of the Pond road 30 called; thence along the cen.
Ter of said State road SO chains lad 8 links to the
south line ofiot No. 6; thence along said south line
A chains and 81 links; thence north y degree.
west to the south line of said Pond road; the nee
along SAID south line to the place OF beginning.
Also beginning Mt the north. west corner of said
lot No. I; thence enst on north line OF said lot
~ chains and SO links. thence south IL chains
and 80 links to the place of beginning, contain.
ing 2ol and SO 100 acres of land, be the same
more or less, but 8 ubject to all legal highways.
And thereby conveyed to sud Joseph W,
said real estate. subject only to tho condition
that tho plaintiff should pay said four notes
according to the tenor and effect thereof.
That said mortgage decd is duly recorded
in vol. Sc, pages 2l3 and 2ll, of Geauga
County Records of Mortgages. That the
following payments havo beon made on said
promissory notes by tho plaintiff, Cram.
Seeloy aud Spencer. as follows. to wit
July 25th, 1859. 5000 January 25th, 1850
5000; july 25th, 1860, 5000 January 25,h
1861, 5000; July 25th, 1861, 5000; Jauua.
ry 25t1, 1862. $500 March 18th, 1862
S3l85 25, aud ono of said notes was taken
up +; ard on tho 9th day of Juno, 1862,
1916. That no othor payments nave been
made thereon, leaving n large SUN duo and
unpaid thereon, which said sum was no
paid at tho time appointed for that pur.
pose, and is still unpaid. That said tire,
notes and said mortgage are still outstand.
ing in full force, except as aforesaid, un
Cancelled and uudischarged, whereby sale
estate in said premises of said Joseph W
ChampIin and his assigns, has become ab
soluto at law, subject to tho rights and
equities of tho said plaintiff to redeem the
same. That, by reason of tho failure o.
considerations aforesaid, aud by reason o.
tho aforesaid u~surious amounts iucorpora
ted into said four rromissory notes, aud b,
reason Of tho aforesaid usurious contracts
mhuo NJ the uato OF shlu TOUR pr0miSgOrN
notes, tho contracts therein contained fol
the payment Of the interest, and said othol
amounts aforesaid, became and wore abso.
lutely null md void, and that the amount
Of tho balance really and justly due on sale
four prOmissory notes, on the l7th day O.
December, 1862, to tho said Joseph w. Of
tho said James NJ. Champlin, on account O
the money actually loaned, for which sale
notes were given, was only tho sum o
1926 81, and no more. That all of sale
business and transactions between tho par
ties were with the said James M. Champ
lin, who acted as the agent of said Josopt
W., but since, and on the dato aforesaid
said James NJ, claimed to DO the owner o
said outstanding notes, and that said note
aud mortgage arc now tho property and arr
in tho possession Of said James NJ, Champ
lin. That since the maturity of said notes
the plaintiff, Cram aud Spencer have ut al
times been ready to pay the same. That or
the 18th day OF December, 1862, at tho cit,
OF Detroit in tho State of Michigan, the
plaintiff then and ihere rendered and Offered
to said James NJ. tho sun of $9s6S 50 in 10
gal tondor, good and lawful money of the
United States, in payment and discharge o
said throe notes and mortgage but he thor
aud there refused to receive said sum or an,
part thereof, and refused to cancel sale
notes and mortgage, and deliver the sam,
to plaintiff, and that ever since the plain