The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-03-18
MARCH i8, 1864
LEGAL NOTICE.

sc
Defendants.
TNHE said Joseph w. Champlin and James N
Il Champlin, defendants, who are non.resi
dents OF the State OF Ohio, will take notice thS
on the aith day OF February, A; D., 1864, tn
plaintiff, Erastus Spencer, flied in the Office o
the Clerk OF said Court. his petition agains
them and others. setting forth In substance tina
the said plaintiff, with Uri Seeley, Harvey Graz
snd Benjamin. b. Woodbury., prior to the 20,
cred to said Joseph w. Champlin their tire
several uotes, each for the sum Of $4,000, date
respectively January Sd, 1857, January 18th
1887 and February Sd, 1857, which said severn
promissory notes each were given for the sum o
e2s5o money loaned by said Joseph w. TO salt
plaintiff, Cram, Sceley and Woodbury., ant
which uotes were payable TO said Joseph w
Champlin or bearer, with interests at ten pc. cent
per annum until paid, the interest to be paid
nually thnd all interestaiter dueto draw
ten per cent. emi.nnnuall Till paid. That
from the amountoi each ofsaid promiss DRY notes,
attho date thereof, there was reserved and with.
held by the said Joseph w. Champlin the sum OF
ESQ, as and for and by way OF payment of u3uri-
Gus interest on said notes respectively, and to
said amount Of $3.50 said promissory notes were
without consideration aud void. That on the
25th day OF January, A D. 1889, the said plain.
cancelled said no les. That said notes, on said
day last Aforesaid, with interest as aforesaid,
amounted TO the sum Of elO,965 10 That, by
reason OF the aforesaid %usurious contracts, made
~ tut uutt " Sulu pTUHllSSDTy OOleS, tIe con
tracts therein contained for the payment Of in.
serest 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 for which said notes were given, was only
tho sum of s9.5s7 81, and no more. That on
the date last aforesaid, the plaintiff. with said
Sseley, Cram and Woodbury., in payment Of the
amount claimed due by said Joseph w ,on snid
FIRST three promissory notes, to wit the sum OF
el0,965 70, and in consideration of the sum of
1854 % then loaned TO them by snid Joseph w
Champlin, executed and delivered to him their
four several proInissory notes OF that date, each
for the sum OF $1,000, payable to said Joseph w.
Champ,in or bearer on the 18th Gay OF January,
1869, with interests at ten per cent. per annrm un.
ill paid, the interest to be pa I'd semi-annuaily, and
all interest after due to draw ten per cent. semi.
annually till paid. That from the amount OF SAT-
four promissory notes, at the date thereof, there
was reserved and withheld by said Joseph w the
sum of $500, as and for and by way OF payment
OF u~surious interest on said notes, and to said
amount OF Sioo, in addition to the amounts
above specified, said promissory notes were with.
out conside alton and void. That on the 18th
day Of January, A. ID 1859. the plaintiff, to Sc.
cure the payment Of said four promissory notes,
executed aud delivered 10 said Joseph W.. Champ.
lin n mortgage deed OF the following described
premises, situate In Munson in snid County, and
known and dssrrilied as follows. TO witt Forty
seven and one.ialf acres Of lnnd, being the same
land decided to said Spencer by John Storm and
vile, by deed bearing date Nov. l7th, lS45, aud
Y0COTuPu III bclubl COuUty lNeCuTus, VOL. oO,pngeS
I9l and 1872. Also fifty acres OF land decided to
said Spencer by Asher B. Fowler by deed bearing
date the 18th OF February, 1876, ano recorded in
Geauga County Records,vol. 36, pnges36l and 1862.
Alsp two other pieces OF land, one OF 43 21-lOO
acres, and one Of IA acres, described in a deed TO
said Spencer by Nelson Millet, bearing date Nov.
23d, 1874, and recorded in Geauga County Rec
ords, vol. IS, pages 40 and Al. Also ono other
Administr ator of John Kirby, TO said Spencer,
by deed bearing date Nov 10th, 1876, ond re.
corded in Geauga County Records, vol. 81, pages
S36 and 237. For a more full description re ier-
snce may be had to said deeds. And all of said
lots OF land containing one hundred and eighty.
Ave and SO. 100 acres OF land. Also 25 90 100
ncres OF land in the township OF ClaridOL Geau-
ga County, Ohio, being the same land decided to
said Spencer by John Talbot and wiIo,by deed
bearing date 18th January, 1851. and recorded
In Geauga County Records, vol. 40. pa. 1864 and
365, reference being had to said deed Tor 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 four notes according to the tenor and effect
thereof. I hat said mortgage deed Is duly re.
corded in vol 81, pages 2i3 and PA, OF Goausa
County Records OF Mortgages. That the follow.
ing payments have been made on said promissory
notes by tho plaintiff, Cram, SeeIey and Wood.
bury, as follows, to wit. July 25th, 1859, 5000
January 25th, 1860, 5000 July 25th, 1860, 5000
January 25th 1861, $500 July 2sth, 1861, 5000
January 25th, 1862, $500 March lllh, 1862,
S3lS5 rs, and one OF said notes was taken up;
and on the 9th day Of June. 1862 S3l6. That
no other payments have been made thereon, leav-I
ing a large sum due and unpaid thereon, which
said sum was not paid at the time appointed for
that purpose, and is sill unpaid. That snid
three notes and said mortgage arc still outs,and.
Ing in full force except MS aioresaid .uncancelcd a.
undischargod, whereby sn!d estate IN said premises
Of said Joseph w Champiin and his assigns, has
become absolute at law, subject TO the rights
and equities OF the said plnirtiff to redeem the
came. That, by reason OF the failure OF consid.
%orations Aforesaid, and by reason OF the atore.
sn ID usurious amounts incorporated into said four
promissory notes, aud by reason OF the aiore.
said usurious contracts made at the date OF said
four promissory notes, the contracts therein con.
talned Tor the payment OF the interest, and said .
other amounts aforesaid, became and were alb. ,
s~oluiely null and void and that the amount OF the
balance really and Justly due on said four prom. {
fssory notes, on the l7th day OF December, 1862, 4
60 the said Joseph w. or the said James NJ.
Champlin, on account of the money actually
loaned, for which said notes we've given was 4
only the sum Of S52iG 81, and no moro That {
all Of said business and transactions between q
the parties were with the said James NJ. Champ. {
lin, who acted us the agent OF said Joseph W..
but since, and on The date last aforesaid, said ,
James NJ. claimed TO be the owner OF suid out
standing notes, aud that said notes and mortgage
are now the property and are in the possession
Of said James M. Chnmp!in.. That since tho ma.
turity OF said notes, the plaintiff, Cram and
Woodbury. have at all times been ready to pay
the same. That on the l7th day Of December, ,
1859, nj the city of Detroit in the State Of Mich.
igan, the plaintiff then and there rendered and of.
fered to said James Nj. the sum OF S9965 so in
lsgal. tender, good and lawful money OF the Uni.
ted Suites, in payment and discharge oil said
three notes and mortgage /; but he then and
there refused to receive 50 id sum or any part
thereof, and refused to cancel said notes and
mortgage, aud deliver the same to plaintiff, and
ana: ever since the plaintiff Cram aud Woodbury.
have kept said sum ready TO pay the amount
Justly due on said outstanding notes, and the
plaintiff brings said sum of S9565 80 Into this
Court TO abide lhe order thereof, as 10 the
amount so as aforesaid due thereon, and no iur.
ther amount. That said notes were drawn Tor n
greater rate md amount OF interest than IL al.
lowed by law that the contracts therein con.
Sained TOR the payment OF inieres. nre null and
void and the the only rate which the owner Of
sald notes is entitled to is six per cent. per annum
uSen the money loaned, from the date Of the nd.
vancement respectively, and no more. The oh.
ject aud prayer OF which petition - in substance,
a. follows That said four promissory notes,
and the said contracts and transactions con.
ssrning the same, bo declared illegal, usurious
and void 10 the extent hereinbeioro set FORTH
That an account DO taken of the amount really
and Justly due on said three outs onding notes 10
l7th December, 1862, after deducting said Illegal,
= Unjust and usurious amounts aforesaid, and all
payment made on each md all OF suid Tour prom.
ksory notes. That the Court WIN order the