The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-03-11
MARCH III, 1864
LEGAL NOTICE.
Gssu s,s Hs ., 1n,s' In cOO"OicommOn Plea.
ErasIas Spencer, Plaintiff

James VI. Chauip'ln,e t al,
Defendants.
TNHE said Joseph w. Champliu aud James VI.
Il Champlin. defendants, who are non.fosi.
donts OF the State OF Ohio, will take notice that
on the llth day of February, AID. 1861, the
plaintiff, Eraslus Spencer, flied in the office OF
the Clerk OF suid Court. bis petition against
them and Others, setting forth IN substance that
the said plaintiff, with Uri Seeley, Harvey Cram
aud Benjamin b. Woodbury., Prior to the 25th
day of January, A.. u. 1859, executed and deliv.
cred to said Joseph w. ChamplIn lhcir three
several u ties, each for the sun OF $4,000, dated
respectively January 3D., 1857, january 18th,
1897, and February Sd, 1857, which said several
promissoty notes each were given Tor the sumot
S2ooO money loaned 10y said Joseph w. to said
plaintlif, Cram, Seeley and Woodbury., aud
which uotes were payable to said Joseph w
Champlin or bearer, withinteresta at ten per cent.
per annum unul paid, the interest to he paid
semi.annually. and all interestailer duet draw
ten per celt. seml annually I'LL paid. That
from the amountoi each OF said promise DRY noies,
NJ lhe dale thereof, there was reserved aud with.
held BY the said Joseph w Champ in, the SUN OF
$3.50, as and for aud by way OF payment OF u5uti.
Gus interest on said notes respectively, and to
SAID amount OF SlJO said prOmissoiy notes were
without consideration aud void. That on the
25lh day OF January, A y. 1859, the said plain.
ill, Seeley, Cram aud Woodbury. took up and
Cancelled said n1tel. That said notes, on said
day last aforesaid, with. interest as aforesaid,
amounted TO the sum OF Sloy65 ~. That, by
reason OF the aforesaid usurious coutracts, made
at the date OF said promissury notes, the con.
tracts therein contained for the payment Of IN.
Ierest became and were absolutely null aud
void, and that the amount really and Justly due
TO said Joseph w, ON account Of the money
loaned Tor which said notes were given, was only
the sum of S9.5s7 81, and no more. That on
Tue GATE last aiores1ld' the plaintiff, with said
Seeley Cram and Woodbury., in payment of the
amount claimed due by said Joseph w. on saio
INST three promissory noies, TO wit the sum OF
sl0,965 70, and in consideration of the sum of
1854 IS then loaned to them by said Joseph w
CHA mnlin pxprutpl md Iolivorpd to hin, tIair
Tour several proInissory notes of That date, earh
for the sum OF $1,000, payable to said Joseph w.
Ch1mpiin or bearer on The 25th day OF January,
1862, with interest at ten per sent per AMMAN un.
Ill paid, the interest TO be paid semi.annually, and
all interest after due to draw ten per cent. semi.
annually ill paid. That from the amount of said
Tour pronlssory notes, al the date thereof, there
was reserved and withheld by said Joseph w the
Gum Of $500, as aud for and by way OF payment
OF usurious interest on said notes, aud TO said
amount OF 500, in addition to the amounts
above specified, said promissory notes were with.
out consideration and void, Tnat on the 2jth
day OF January, A. /. 1859. the plaintiff, to &c.
cure the payment of said four proinis,ory notes,
executed and delivered 10 said Joseph w Champ
lin a mortgage deed Of The following described
premises, situate in MuIson in said County, and
known and Described as follows 70 wit. Forty
seven aud ono.lIall acres OF land, being the same
land decided TO said Spencer by John Storm and
wife, by deed bearing date Nov. I7th, lS45, aud
recorded in Geauga County Records, vol. 80, pages
l3l and 1872. Also fifty acres OF lund decided to
said Spencer by Asher b. Fowler by deed bearing
date the 18th OF February, 1916, n no recorded in
Gsauga County Records,vol 30 pages 1851 and 3G2.
Als'two other pieces of land, one of 43 %. loo
ncTes, aud one OF Ia acres, described in a deed 10
said Spencer by Nelson Millet, bearing date Nov.
23d, 1914 and recorded in Geauga County Rec.
ords, vol. 3), pages 40 aud II. Also one other
pi9ce or parcel oil land decided by lIrlen Garfield,
Administroto of John Kirby, to said Spencer,
by deed bearing date Nov. Goth, 1876, and rc.
corded IN Geauga County Records, vol. 81, pages
= "a nd " IL Any n ftArn tml = |
ence may be had to snid deeds. And oil of said
lots of land containing one hundred aud eighty.
Ave and 3O.l0o acres OF land Also % 90 100
acres o / land in the township of CluridoL, Geau.
ga County, Ohio, being the inc land decided TO
said Spencer by JohnT. Talbot and wife, by deed
bsaring date 18th January, 1851, aud recorded
IN Geauga County Records, vol 80. pa. 36i and
500, reference being had to said deed for a morp
full description. Be the same more or less, bu,
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 four notes according to the tenor and effect
thereof. I hat said mortgage deed Is duly re-
corded in vol So, pages 2i3 and ga, of Geauen
County Records OF Mortgages. Tint the follow
ing payments have been made on said promissory
notes by the piaintlif, Cram, Seeley aud Wood:
bury as follows, TO wit. July 18th, 1859, 5000;
January 25th, 1860, 5000 July 25th, 1860, $500
January 2otl. 1861, 5000; July 2oth, 1861, 5000
Jansary. 25th, 1862, $500; March lllh, 1862,
S3l65 25, and one Of said notes was taken M
and on the 9th day of June. 1862, 1916. That
no other payments havebeen made thereon, leav-
ing a large sum due aud unpaid thereon, which
said sum was not paid at tho time appointed for
that purpose, and is s;ill unpaid. That said
three notes and said mortgage arc still outs,nnd-
ing in full force except as aforesaid .uncancelcd &
hndischnrged whereby said estate In said premises
OF said Joseph w .Chnmplin and his assigns, has
become absolute al law, subject to the rights
and equities Of the said plairtiif to redeem the
same That, by reason OF the failure Ut consid.
srations aforesaid, and by reason OF the nt0re.
AatH at.r aAl.n mn q n . ~ . "a NmI ~ "a an. IN---.
Promissory notes, aud by reason of the aGore.
said usurious coatracts made nj the dnte Of said
tour promissory notes, the contracts therein con-
tanned for the payment OF the interest, and said
other amounts aforesaid, became and were alb. |
soluiely null and void and that the amount OF the
ba'ance really and Justly due on said four prom
issory notes, ON the l1lh day OF December, 1862,
30 the said Joseph w. or the said james Al.
1oa ned for which said notes weIe given. was
only the sum OF s52i6 81, aud no more That
all of said business and transactions between
the par ties were with the said James NJ. Champ.
lin, who acted as the agent OF said Joseph W..
but since, aud on The date last aforesaid, said
James Nj claimed to be the owne OF said out.
Standing notes, aud that said notes aud mortgage
are now the property and nre in the posses SION
ot said James VI. Champ.in. That since tho ma
Iurity Of said notes, the pIaindii, Cram and
Woodbury. have at all times been ready 10 pay
the same. That on the l7th day Of December,
-So2, al the city Of DetToitin the State OF Mich.
Igan, the plaintiff then aud there rendered aud Of
tered to said James NJ the sum OF sgs6s 30 in
legal tender, good and lawful money of The Uni.
ted Siates, in payment aud discharge of said
three notes and mortgage; but he then and
there refused to receive said sum or any part
thereof, aud refused to cancel said notes and
mortgage, and deliver the same 10 plaintiff, aud
ihai ever since the plaintiff Cram aud Woodbury.
have kept said sum ready to pay the amount
Justly due on said outstanding notes, aud tho
plaintiff brings said sum ol S9565 50 into this
Court 70 abide The order thereof, ms To the
amount so as aforesaid due thereon, and no iur.
,her amount. That said notes were drawn Iur u
greater rate aud amount OF interest than IS al
lowed by law that the contracts therein con-
tained for the payment OF intores! are NUN and
void aud the the only rate which the owuer OF
said notes is entitled to is six per cent. per annum
upen The money loaned, nom the date OF the al.
vancement respectively, aud no more. The OBJ.
ject and prayer OF which petition ID in substance,
as follows That said four promissory notes,
and the said contracts aud transactions con.
corning the same, DO declared illegal usurious
and void to the extent hereinboiUre set forth
That an account be taken of the amount really
and Justly due on said three outs anding notes TO
l7th December, 1862, after deducling said Illegal,
unjust and uslrious amounts aforesaid, aud all
ayment made on each and all OF said tour prom.
issoTy notes. That the Court WIN order the