The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-19
FEBRUARY 49,, 1864.
LEGAL NOTICE,
Inc sua.e o, ONO In Court OF common Flea,
Erasius Spencer, Plaintiff

THE said Joseph W. Champlin and James VI
a Chomplin, deiendants, who uTe non.rosi
dents OF tho State oil Ohio, will tnke notice thai
on the nth day of February, A. u. 1864, the
Plaintiff, Erusius Spencer, filed in the office OF
tho CLERK OF said Gourt, his petition oGains
Them and oihcis, eoitiug forth IN substance tina
the said plaintid, with Ur Seoloy, Harvey Crnr
and Benjamin b. Woodbury.. prior to the 2stt
cred to said JOSEPH w. Chumphn ihcif three
several uotes, each for the sum OF $1,000, dated
respectively January 81, 1857, January l4th
ie37,and February 81, 1857, which said scvera
$3.50 money loaned by said Joseph ". to said
plnintiti, Cram, Seeley and Woodbury., and
which uotcs were payable to said joseph w.
Champlin or bearer, with interest at ten pc. cent
per annum until paid, the interest to be paid
semi.annually. and all iuterestaftcr due 10 draw
ten per cent. semi. annually I'LL paid. That
from the amount Of each OF said promis. DRY notcs.
Mt the date thereof, there as reserved aud with
held BY the suid Joseph W Chunp'in, The sum oi
$3.50, as and tor and By wiy Of paymCut OF ururi
GUS interest on said notes respectively, and to
said amount Of $3.50 snid promjsgoiy notes were
without consideration aud void. That on the
25th day OF January, a u. 1889. the said plain.
tiff, Seeley, Cram and Woodbury. took up and
Cancelled eald NOES. That said notes, on said
day last Aforesaid. with interest rs aforesaid.
amounted 10 tue sum oil Slo,yGj ~. That, by
reason OF tho Aforesaid usGTi0us contracts. made
at the date CT said promisscry nolcs, the con.
tIuIAs NtN4tlfl tOlNtlDtN lbE INC m lltnt al IN
1rrest became and wcro absolutely null and
void, and that tho amount really and Justly due
90 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
the date last aforesaid, the plaintiff, with snlj
Seeley, Gran and Woodbury.. in payment of the
amount claimed due by said Joseph W, on snia
nj three promissory notes, to wit the sum Of
$1,000 -, and in consideration cr the sum OF
- e634 % then loaned 10 them bv suid Joseph W
thNmDIn executed md dplivrrpI ia hun tI,ir
Tour several proinissory notes OF that date, Cn'l,
Tor the sum Of $1,000, payable 10 said Joseph w.
Chnmpiln or bearer on the 10Th day OF January,
1862, with interest ut Ten per cent per unnum nm.
~ pad, the interest to.bC paid scmi-annualiy, md
all interest alter dte TO draw ten per cent. semi
annually till paid. That from the amount Of said
tour promlssory nCtcs, al the date thereof, there
was reserved and withheld by said Joseph W.thc
sum oil $500, as and Tor aud by why Of payment
o! %usuFiols interest on said notes, and to said
amount al 500 said promissoiy'notcs wern with.
out consideration aud void. Ihat on the 21ih
day OF January, y. D. 1859. the plainiif, % Sc.
cure the payment OF said -four prcnIssory potCs,
executed and delivered to said Joseph w CfNmn.
lin n mortgage deed oI the following described
premises, situate in Munson in said County. and
known and described as follows, 10 wit., Forty.
seven aud one.halI acres Of land, being tho same
land decided to said spencer by John Storm and
vile, by deed bearing date Nov. l7tl,, l8I5, aud
recorded in Geau9a County Records, vol. 80 pngos
13l and 80. Also fifty acres OF land docdrd to
said Spencer by Asher q Fowler by deed bearing
date the 18th OF February, 1916, ana recorded in
Geauga County RocoTds,vol Sc. pngCs36l md 3G2.
Alsi two other pieces Of land, ono Of IL 2T.lUO
acres, and one Of II acres, described in Il decd 10
said spencer by Nelson Miilci, bearing date Nov.
Esd, 1874, aud recorded in GGaugu County Rec.
ords, vol. 30, pages 40 mud Al. Also ono other
piece or parce! OF land decided by iillen Canlicld,
Administrator Of John Kirby, TO said Spencer.
by deed bearing date Nov. goth, 1916, md re.
corded in GeauRa County Records, vol. ~, pages
ESQ ana 23I. For q more tull desCi iptinn refer.
ence may DO had TO said deeds. And oil of suid
lots OF land containing one hundred and eighty.
five ana 5O-lo0 acres Of land. Also % % 100
acrcs OF land in the township Of Cluri1or Geuu,
ga County, ohio, being ihe Same land decided TO
said Spencer by JoLnT. Talbot and wiio, by deed
bearing date 18Th January, 1851, aud recorded
in Geauga County ~lccorcs, vol. 70. pa, 36I md
1863, reference being had 10 said dcel for a mora
fuil description. lie tie same more or less, hut
subject to al legal highways. And thereby con.
veyed TO SAID Joseph w. said real estate, subject
only to tho condition that the plaintiff should nav
said four notes according To the tenor and effect
thereof, lha, said mortgage deed is duly re-.
corded in vol 5h, pnges 2I3 and 2li, of Genupa
County Records OF Mortgages. That the follow.
ing payments have been undo on said promis cory
notes by the plaintiff, Cram, Sooley and Wood.
bury, as follows, 10 wit. July 25lh. 1859, 5000 ;
January 25th, 1860, 5000 July 25lh, 1850, 5000 Z:
January 25th. 1861, 5000 July 2'th, 1861, 5000 /;
january 25th, 1862, $500 March llth, 1869,
S3lS5 25, and one of said notes was taKen Nm
and on the 9Th day of June. 1869, 1916. THAT
no other paymcnIs havebcGu mRGe thereon, lruv.
ing a large sun due ana unpaid thereon, winch
said sum was not paid at tho time appointed for
that purpose, mud Is ell! unpaid. That snid
three notes and said mortgage are still outs,anl.
Ing III iull iorce,eXccpt us Hioregnid, uncancelcd&
undlschargcd whereby said estate in said premises
OF said Joseph w .Chumplin and hs assigns, has
become absolute AT law, subject TO tho RIGHTS
and equities ot the said piairtilf to redeem the
snne. That, by reason OF the failure ct consid.
ora!ions Aforesaid, and by reason Of the aiuro-
sa!d usurious amounts incorporated into suid four
pTomissory notes, and by reason OF the Hfure-
said %usurious contracts made Mt tho date NJ said
tour pronissoTy notes, the contracts therein con-
TIMED Tor the payment OF the interest, and snil
other amounts aforesaid, became and were nh.
soluiely null and void and Tint tho amount OF The
balance really and Justly due on suid four prom
issory notes, on the l1th day OF December, 1869,
20 the said Joseph W. or tho sald James NJ.
Champlin, on account Of tho money actually
loaned, for which said notes wUGe given. was
only the sum OF t52i6 81, and no more That,
oil Of said business aud transactions between
tho parties were with the said James NJ. Champ,
lin, who acted as tho agent OF snid Joseph W..
but since, and on Tho date last aforesaid, said
James NJ claimed To be tho owner OF said out
standing noles, uud TINT said notes and mortgage
are now the property and ara IN the pDsaelsion
OF said James NJ. Champ!in. That since the r,a.
Iurity OF SAID notes, the plaindlf, Cram and
Woodbury. have at all times been ready 10 nav
the same. That on the l7th day of December,
1869, at the city OF Detroit in the State Of Mich.
igan the plaintiff then aud there rendered aud Of.
fored TO said James NJ. the sum Of SJS6S 30 in
legal tender, good aud lawful money OF The Uni.
ted States, in payment and discharge OF said
three notes and mortgage but he then and
there refused TO receive said sum or any part
thereof, and refused To cancel sui1 notes mud
mortgage, and deliver The same TO plaintiff, and
that ever since the plaintid,C Cram and Woodbury. |
have kept said sum ready TO pay tho amount
Justly due on snid outstanding notes, and the
plaintiff brings said sum OF S0sG5 80 into this
Court 10 abide The order thereof, al 10 the
amount 60 as aforesaid duo thereon, and no iuf.
Their amount. That said uOioa wore drawn Tor a |
greater rate aud amount OF interest than Is al
lowed by law that tho contracts therein con.
tanned Tor the paynen VI inlcrCs, arc null and
void and the the only rate which the owner oil
said notes Is entitled to is six per cent. per annum
upon The money loaned, lom tho date OF tho adj.
vancement respectively, and no more. Tho OBJ.
ject and prayer OF which petition - in substance,
as follows That said Tour Pr7missory notes,
and the said contracts aud transactions con.
corning the same, bo declared illegal, usurious
and void to the extent horoiHbcture set lor,n-l
That an account be taken Of the amount really
and Justly due on snid three outs unGiug notes Ia
l7th December, 1862 utter dGducting gnid illerll,
unjust and luxurious amounts aforesaid, and Mi
payments made on each aud alloi said four prom.
issory notes. That tho Court VIII order The
amount 80 found due to he held by the Clerk OF
this Court for the usn aud benefit Of the said
James W., aud that The Court will order that said
Jospaii w. and Jlmpa n rhamnlin leIiunr an