The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-03-11
LEGAL NOTICE.
The State eli Ohio,
Geauga County SIS In Court ofCom Pleas
b. b. Woodbury., Plaintiff

ulHt u Nil1NIltin tl ul.'
Defendants.
THE said Joseph w. Chanplin aud James VI.
L Clunplin, dciis, who are uDn.residents OF
the State OF Ohio. will take notice that on the
llth day OF Feb.. A. ID. 1861, the plaintiff, b b..
Woodbury., filed In tho Office OF the Clerk of
said Court. his petition against then and others,
setting forth in substance that the said plaintiff.
with Uri Scoley, Harvey Cram aud Erastus
Spencer, prior Ia. the 18th day OF January, A.
u. 1859, executed and delivered 10 snid joseph
w. Champlin their three several notes, each for
the sum OF $4,000, dated respectively, January
81, 1857, January lith, 1851, aud Feb 81, L~sf,
which said several pronissory notes each were
given tor the sum Of $3.50 money loancd by the
said Joseph w. TO said plaintiff, Cram, Seeley
and Spencer, aud which notes were PAYABLE
to said Joseph w. Champlin or boarer, with in.
teresl at 10 per cent. per unuum until pnid. The
interest To he paid SEM. annually. and all inter.
staltetd due to draw 10 per cent Sgmi.annually
tl paid. 1hntirom the amount OF each OF said
promissory notes, at the date thereof. there was
reserved and withheld by the said Joseph w
Clampl.n, the sum of $3.50. us aud for aud by
way OF payment Oi usufiUus interest on the snit
notCs respectively, and 10 said amount Of $3.50
SAID prbmissbry notes were without cpusilera.
ton and void, That on the 2llhdav OF Janua,y.
y. D. 1889, the said plaintiff Seclry. Cram and
Spencer took up aud cancelled said notes -
That said notes, ON the sAid day last aforesaid
with interest as aforesaid, amount led to the sum
of Sl0,9J5,72 That, by reason olIlIe aforesaid
luxurious contracts, mnde at the date Of the said
promIssOry notes, thu contracts therein contained
Tor the payment of interest became and were alb.
sOIuleiy nuli ard void aud that The amount reul.
~ md justly due TO said Joseph W., on account
OF the money loaned for which snid notcs were
given, was only the sum Of Sg.5S7 81 aud mo-
more That on the date last aforesaid the plain.
iii, with said SeeIsy, Cram and Spencer. in
{ puymcn OF the amount claimed due by snid Jo-
seph w, on said first three promissory notes. TO
wit: the SUN ot SlO,965, 10, aud in considrrntinn
OF the sum OF Sb3i % then loan ed to them by
said Joseph w. Cbamplin, executed aud deliy'
cred TO him their tour several promissory notes
OF that date, each Tor the sum of $500 payable
to s1id Joseph w Champlin or bearer, on the
2jth day OF January, 1852, with interest at ten
per cent. per anIum uutil paid. the interest L,
be paid scmi'a annually, and all interest alter dine
TO draw 10 per cent. s~emi.annually ill paid
That rom the nmpNli Of said four prOfnissory
NOES, at the date thTeol, there was reserved and
withheld by said Joseph w. tie sum OF slOO. as
aud Tor aud by way oil payment OF ]usurious in.
tetcst on sad notes, aud to SAID amount
OF $500, IN addii Untot the amounts above specified
7ald prOmissory uotes were without consideration
and void. That on tie 2jth day ofJanuary. A
D.lojy, the p|lniutili, to secure The unymcut of
sand tour pTonissory notes, executed and dsllv.
cred TO said Jogeph W. Clamplin n mortpaoe
deed OF the FOL owing described reni csta to. I'd wit:
Situate III the township of Muns1n. beiup No
. IN The eighth RuDgc OF townships ia the CON.
neciicut Western Reserve IN The state of Ohio.
and which is also in the County OF Goauga, and
10 NdbNh ny DtI'g VNTle ~ lois M. 2 d md
Il! tract No. /. eas. division in ureut LOT Nj
I'M salt township OF Munson, md dcscrihed as
lollows; Beginning al the east line of said Tn
at the southeast corner Of land set on 10 Patty
" Peck, IN a partition made by the Court OF
Common Pleas OF slid Gcuuga Comfy. ,h.uc;,
west along said line 10 the center oftbe Stnte
road leading from CbardOn to Ravcnun 27 chs
and IS links; thence along the center of sniI
road 20 ciluins und 90 links; thence east ~ cb,
aud 80 link To the cas-, line o! said town thence
NORM nlnnn 9nl1 tnkun lima m ,I:. 49, a.
Inks ia the southeast corner o fland i'm suid lot
: belonging TO " T.. Allen; thence west 3 chs.
10 the south west corner of the same. thence
norih4 chnins aud 10 links along said Aliens
line; thence east = chains 81 links TO The ioUn
Enc; thenca nnrth 3 chains and 81 lTnks IN thr
placcOi beginning Also commencing in the STA n
r0nd at The point OF Intersection of the souii line
OF the Fond rood so cnllcd; thence along the cen.
ter OF said Suite road 90 chains and S links tD the
south line ofkt No. u; thence along said sontb line
~ chains aud 81 links; thence north u degree.
west TO the south line of said Pond road; thence
along SAID south line TO the place of beginning
Also beginning at the north.wesi corner of said
lot no. I; thence east on north line of said lot
- chains and so links. thence south IL chains
and 60 links TO the place of beginning, contain.
ing 2ol and 50 100 aces OF land, be the same
more or less, but s inject to ait legal highways.
Aud thereby conveyed to said joseph W
said roal estate, subject only to tho condition
that the plaintiff should pay said four notes
according to the tenor and effect thereof.
That said mortgage deed is duly recorded
in vol. DO. pages 2l3 and 2lf. of Geaupa
County Records OF Mortgages. That the
following payments havo been made on said
promissory notcs by tho plaintiff, Cram.
sceloy aud Spencer. as follows. to wit -,
July 20 h, 1859, 5000 January 25th, 1860,
5000; July 25th, 1860, 5000 January 25,,.
1861. S6O0 July 18th, 1861. 5000; Jauun.
ry y h, 1862, $500 March lIth, 1862
S5lSo 20. ana ono of said notes was taken
up and on tho Oh day of June. 1862.
S3io' That no o'hor payments hayo been
'lado thereon, leaving a largo sum duo and
unpaid thereon, which said sun was moi
paid at the tirno appointed for that pur.
pose, and is still unpaid. That said three
notes and said mortgage are still outstand.
ing in full force, except as aforesaid. nm
Cancelled and undlscharged, whereby said
estato IN said premises of said Joscph w
ChampIln and his assigns, has become ab.
solnte at law, subject 10 tho rights and
equities OF tue said plaintiff to redeem the
IN Ihat, by reason of tho failure of
considerations aforesaid, and by reason of
the aforesaid usurious amounts incorporn
tod Into said four promissory notes, and nv
reason OF tho aforesaid usuriOus contracts
made at the date OF said four promjssorv
notes, .hc contracts therein contained for
tho payment OF the interest, and said other
aforesaid. became and were abso.
lutsly null and void. aud that tho amount
of tho balance really aud Justly duo on said
Tour promlssory notes, on tho l7th day of
Decombor, 1862, to tho said Joseph W. or
the said james NJ. Champlin, on account of
tho money actually loaned, for which said
notes wero given, was only tho sun of
S52f6 81, and no moro. That all of said
business aud transactions between tho par.
ties wero with the said Janus M. Chamo.
lin, who acted MS tho agent of said Joseph
W." but since, aud on tho date aforesaid
SAID James NJ. claimed to DO tho owner of
SAID outstanding notos, and that said notes
ana mortgage are now the property and are
IN tho possession OF said James Nj. Cbnmp.
lin. That since tho maturity of said notes
the plaintiff, Cram and Spencer hayitnt aIl
times been ready to pay tho Same. That ON
the l7th day OF Decumbor, 1862. at tho civ
OF Detroit in tho State of Michigan. the
plaintiff then and there tondercd and ofr,rod
to said janice NJ. tho sum of $9S0S so in le-
gal tonder, good and lawful money of tho
United Stalos. IN payment aud discharge of
sa'd three notes and mortgage; but ho then
aud there refused to %recoiva said sum or any