The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-03-18
LEGAL NOTICE,
The State ef Ohio,
Geauga County is. ! In Court ofCom Pleas
BID. Woodbury., Plaintiff

Defendants.
TINE said Joseph w. Chatnplin and JamesM
" l. Champlin, dei'ts, who are non.residents 0
. the State OF Ohio. will take notice that on tn,
l llth day Of Feb, A. ID. 1864, the plaintiff, B. b
g Woodbury.. filed in the ofhce OF the Clerk o
J said Court. his petition against them and others
! setting forth In substance that tho said plaintiff
! with Uri Seeley, Harvey Cram md Erustus
! Spencer, prior To the 25th day oil January, A,
! d. 1859, executed and delivered TO said JOSEPH
w. Champlin their three several notes, each for
the sum OF $4,000, dated respectively, January
| Sd, 1857, January i4ih, 1857, aud Feb Sd, 1857,
!, which said several promisscry notes eacll were
given Tor The sum OF $3.50 money loaned by the
said Joseph w to said plaintiff, Cram, Seeley
and Spencer, and which notes were payable
to said Joseph W.. Champlin or bearer, with in.
terest at 20 per cent. per annum until paid, the
interest to be paid semi.annually, and all inter
est alter due to draw 10 per cent. semi.annually
till paid. That from the amount Of each of said
promissory notes, at the date thereof, there was
reserved and withheld by the said Joseph w
Champl.n, the sum OF $3.50, ms and for and BY
way OF payment Of %usurious interest on the said
notes respectively, and to said amount of $3.50
said promissory notes were without cousidora-
ton and void. That on the 25th day Of January.
A. y. 1859, the said plaintiff, Seeley, Cram n nd
Spencer took up md Cancelled said notes -
That suid notes, on the said day last Aforesaid
with interest as aforesaid, ted TO the sum
Of Sl0,965, 70. That, by reason ofthe aforesaid
u%Surious contracts, made at The date Of the said
Plo lllSSOll IbNtSt ~ tDNlI uNtS lUtTCl1 EOnLulnbu
Tor the payment Of interest became and were alb.
solutely null and void and that the amount real.
ly and Justly due to said Joseph W., on account
of the money loaned for which said notes were
given, was only the sum of S9,5S7, 81 aud no
more. That on the date last Aforesaid the plain.
tiff, with said Seeley, Cram and Spencer, in
payment oil the amount claimed due by said TO-
scph w, on said first three promissory notes, to
vii; the sum OF SlO,965, II, and in consideration
Of the sum OF e634 % then ed TO them bv
amid JnQpnh w Iha rnnIin van,tal AAl IL.
cred to him their four several promtssory notes
Of that date, each for the sum of $500 d, PAYABLE
to said Joseph w. Champlin or bearer, on the
18th day OF January, 1862, with interest at ten
per cent. per annum uutil paid, the interest to
be paid semi'nnnualiy, and all interest after duo
TO draw 10 per cent. semi.annually till paid
That from tie amount of said four promjssory
notes, ct the date thereof, there W las reserved md
withheld by said Joseph w. the sun of $500, as
and tor and by way oil payment OF %usurious in.
terest on said notes, and to SAID amount
OF Si00,i in nddilionto the amounts above specified.
SAID pronissory notes were without consideration
and void. That on the 2jtll day ofJauuary, A.
d: 1899, the plaintiff, to secure the payment of
sad four promissory notes, executed aud delIy.
cred TO said Joseph W. Champlin a mortgage
decd OF the following described real estate, I'd
situate IN the township Of MunsJn, being No.
. in The eighth Range Of townships Ia the Con.
necticut western Reserve ~ tue State of Ohio,
and which is also in The County of Genuga, and
is kaown by being parts of lots No. ~ and
7 In tract No. !. cas-. division in great lot No.
4 in said township of Munson, and described ms
follows; beginning at the cast line of said IN.
at the southeast corner of land set of 10 Patty
VI. Peck, in a partition made by the Court OF
Common Pleas OF said Geauga Comfy; thence
west along said line to the center ofthe State
road leading from Chardon to Ravenna 81 chs
and % links; thence along the center of said
road 20 chains and 9G links; thence east "a chs
and ~ link S TO the cas-. line OF 80 i'd town, thence
north along said town line 10 chains aud 46
links to the southeast corner of land i'm said Iot
3 belonging to f. p. Allen; thence west 5 chs.
TO the southwest corner OF The same, thence
north4 chains and l6 links along said Allan
line; thence east 2 chains "a links TO The town
line; thence north 5 chains and SO links 10 the
placeof beg n ming Also commencing In the Stn 10
rond 1.-THE point OF intersection Of the south line
OF the Pond road so called; thence along the cen.
south inc ofiot No. 6; thence along said south line
a. chains and az links; thence north N degree.
west 10 the south line of said Pond road; thence |
along SAID south line to the place OF beginning.
Also beginning at tile north. west corner of said
lot No. I; thence enst on north line Of said iot
10 chains and so links. thence south u chains
and 90 links 10 the place Of beginning, contain.
ing 2Ol and SO 100 ncres Of land, be the snme
more or less, but ubject to nR legal highways.
And thereby conveyed to said Joseph W.
said real estate, subject only to the condition
that tho plaintiff should pay said four notes
according TO the tenor and effect thereof
That said mortgage deed is duly recorded
n vol. 56. pages 2l3 and ga. of Geauga
County Records OF Mortgages. That the
payments have been mado on said
promissory notes by the plaintiff, Gram
seeloy aud Spencer. as follows, to wit
July 25th. 1850, 5000 January 25th, 1850,
1900; July 25th. 1860, 5000 January 25tb.
SCI, $500 July 25th, 1861, 5000; Jauua.
y 25tb, 1862, $500 ; March llth,> 1862.
s3lS6 IS, and one of said notes was taken
~ /; and on the 9th day of June, 1862,
s3lG. That no othor payments have been
made thereon, leaving a large sum duo and
unpaid thereon, which said sum was not
'aid ut tho timo appointed for that pur-
,ose, and is still unpaid. That said three
totes and said mortgage aro still outstand-
ng In full force, except as aforesaid, un-
and undischarged, whereby said
state in said premises of said Joseph W.
)hampIin and his assigns, has become ab.
olute ut law, subject TO tho rights and
'quities Of tho said plaintiff 10 redeem tho
anne. That, by reason of the failure of
considerations aforesaid, and by reason of
he aforesaid usurious amounts incorpora
into said four promissory notos, and by
ohson OF tho aforesaid usurlous contracts
hnuo ~ t'o uu'o W suiu iour prOmisBOry
iotcs, .he contracts thoroin contained for
he payment OF the interest, and said Other
Imounts aforesaid. became and were ALSO.
utely null and void, and that the amount
II the balance really and justly duo on said
our promissory notes, on tho 18th day Of
December. 1862, to tho said Joseph W. or
he said james M. Champlin. on account of
he money actually loaned. for which said
totes were given. was only the sum OF
S5246 81, and no more. That all of said
'usinoss and transactions between tho par.
les wore with tho said James M. Champ.
lin, who acted ns tho agent of said Joseph
but since, aud on tho date aforesaid.
SAID james NJ. claimed to be tho owner Of
said outstanding notes, and that said notes
ana mortgage are now tho property and are
IN tho possession Of said James NJ, Chpmn.
10. That since tho maturity of said notes.
the plaintiff, Cram and Spencer have at ali
times been ready to pay the same. That on
the 18th day OF December, 1862, at the oity
OF Detroit In the State of Michigan, ths
then and ihore rendered and offered
to said James NJ. the SUN of S9S6s 80 in 10.
gal tondor, good and lawful money of tho
United Statos, in payment aud discharge of
said three notcs and mortgage but he then
and thore refused to receive said sun or auy
part thereof, and refused to cancel said
uOtOs and mortpnoa mud daIiva. ,ha ..