The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-03-04

fNAhA - Nh1 AsiAN VI
Il Chanplin. defendants, who are non .resi
dents OF the State OF Ohio, will take Notice tina
on the lin day OF February, A, d. 1857, tn
plaintlft, era stns Spencer, filed in the office Vi
me CLERK OF said Court. his petition ngains
Them and Others, setting forth IN substance tina
the sati plaintiff, with Url Seel,y, Harvey Cruz
End Benjamin. B. Woodbury., prior to the PSI
day ot January, AID 1853. executed and deliy
erei 10 said Joseph. w, C%hnmplln lhcir three
several u ties, each for the sun, OF $1,000, dated
respectively January 3D.. 1857, January l4th
1857, and February 81, 1857, which said severa
promissory NOES each were given Tor The sum 0
Sl5oO N bney loaned hy said Joseph W. to sall
plalntlf, Cram. Seeley and Woodbury., and
which uotos were payable to said Joseph w.
Champlln or bearer, with interest at ten PEI cent
pee annum until paid, the interest to be paid
seIni.annually. and all interest after due 10 draw
ten per ce 1t. semi annually iii paid. Tia,
from the amuuntoi each Of said promis. ury notes,
a. me date thereof, there was rese rye aud with.
held by the s1il Joseph W Champ in the sum pi
800, as aud tor aud by way Of payment OF uauri.
Gus interest on SAID notes respectively, and to
snld amount OF SijO said prOmi-soi Y notes were
without consideration aud void. That on the
25th day OF January, \ ~. 1887, the siid plain
III, SeeiCy, Cram and Woodbury. took up and
Cancelled said Noes. That said notes, on said
day last azores aud, with interest ~ aforesaid,
an IunIel to the sum Of SlO955 ~. That, by
veason OF the Aforesaid u~,uriJus cDntr icta. made
a. the date oil said prOmissory BOles, he con.
tfactslleroin contained Tor the payment of IN.
'eiesl oeSaIhe 'hu were absolutely null aud
void, unj that the amount really and Justly due
10 slil Joseph W, on account of tie money
loaned Tor which s1il notes were given, was only
the sum of SJ.3s7 81, and no moro. That on
the date last atornslij, the %p!aIniiif, with SAID
Ssclcy, Crim aud Woodbury.. in payment Of The
nmJlnt claimed due by said Joseph W, on said
n 81 three pruruissury notes, to wit : the sum OF
Sl0,96j y, and in consideration Of the sum Of
$63l % then loaned TO them by sriI Joseph w
ChamplIn executed and delivered 10 him tLeir
Tour several uTuIuI2S1rV DD'ps pG Tint I,tn np.k
Tor the sum Of $4,000, payable 10 said Joseph W.
Oh tmp'in or bearer on The 18th gay of Janutry.
1897, with Interest At ten per cent per anmlm un.
ill paid, the intere-ttu be pad semi.nuuua,Iv. and
all interest after die TO draw ten per cent. semi.
annually till paid That from the amour, OF said
tour promlssory notes, At the date thereof, there
was reserved aud withheld by said Joseph W. the
sum OF StoO, as and Tor and by way OF payment
OF %usurious interest on snid notes, and to said
amount OF 500, 10 addition To the amounts
above specified, said promlssory notes were with
Out consideration and void. That on the 2 ,th
day OF January y 1880. the plaintiff. TO Sc.
cure the payment OF said four promis.ory notes.
executed and delivered To said Joseph w. Champ.
lilo q mortgage deed oi the following described
premises, sttu''e III MunsDn ia said Cuuni Y, and
known and d~us'rihed ms follows 70 wit: Forty.
eeven aud onc'linIf acres OF land being the sa,nc
land dGddcd to said spencer by John Storm and
vile, by deed bearing date Nov Iiih, iS4j, aud
re corded IN Geanga County Records, vol. 81 pages
1Sl aud 1872. Also fifty acres OF land decided to
said Spencer by Asher y. Fowler by decd bearing
date the 18th OF tebrutry, 1910, n ma recorded i'm
Gpauga County Recofds,v vol 81. pagcs36i and 1862.
Als'tSo other pieces ui land, one Of as -. loo
ncros, and one OF II acres, described IN q deed 10
tnld Spencer by Nelson Mltlrt, bearing dale Nov.
2jd, 1874, and recorded in Geaugu County Rec.
ords, vol. IS, pages 40 and II. Also one other
place or parcel OF Land decided by iiiien Cnni.ld.
AdmlnistratOc Of John Kirby. to said Sprucrr.
by decd bearing date Nov 10Th, 1916, and re.
corded IN Gnaugu County Records, vol. 81, pages
$50 aud 2JI. For n more full desct iption r. ier-
ence NAV be had To said deeds. And ali OF said
lots OF LAND containing one hundred and eighty.
i've ana 5n.luO actes Of land. Also 25 50 100
acres OF land in the township OF ClariioL Geau.
ga County, Ohio, being tic 81 mo land decided 10
sad spencer by joint Talbot aud wlie, by deed
b,aTin9 date 18Th January, 1851. and recorded
IN Gedugl County Rccor0s, vol -. pa. 36I and
BOB, reference being had To sniJ decd tor "A NOR,
fail description. BE tho SANE more or less, but
subject TO all legal highways. And thereby con.
Veyei TO said Joseph W. said real estate, subject
only 10 the condition. liaI The plaintiff should pay
eaid iour notes according TO the Tenor and effect
fhereot lhai sad lnJrigI go deed is duly re.
corded in vol 81, pages 2ij and ia, of Gcsnpa
County Records OF Mortgages. That the follow.
Ing payment have been made on said promis,ory
notes by the p,ainlif, Cram. SeeIcy and Wood.
bury. as follows, to wit. July 2jlh. 1857, 5000
January 2ith, 1860, 5000 July 2jlh, 1900, 500
January 18th 1861, 5000; July 2,lh, 1901, $500
January 18th, 1862, $500 March llih, 1852,
$3.50 %, and one OF sad notes was taRon up
md on the 9h day OF June. 1862, S3l6. That
no other lynenls hnvebern mnde thereon, lcav-
Ing u large sum due and unpaid thereon, which
said sum was not paid AT the time appointed Tor
that purpose, ana is still unpaid. That said
Three notes and said mortgage are still uuts'and-
ing IN tuli iprce,e&copt ns dipresatl. uncancelcI& :,
undiscllrged whereby said es,nio IN said PREMISES
OF san Joseph w .CilinplIn and his assigns, has
bocDmc absolute at law, subject to the rlulits
ond eqliues Oi the said plairtiii To redeem the
same lhat, by reason OF ,hs failure ui consid.
eratlons Aforesaid, and by rcsson oi tho nlore.
eau usurlous amounts incorporated INTO said tour
pr0missory notes, aud Ivy reason of tho alorc.
ehid usnrious contracts made at the date nf said
four prolnIssory notes. the contracts therein con-
tnineI tor the payment OF the interest, AMI sud
Other amounts aforesaid, became and were MI.
~soluleIy null and'void, and thatthe amount of the
ba ance really and Justly due on said four prom.
f5sory- noes, on the lIlh day OF December, 1899,
10 the said Joseph w. or the said james NJ.
Champlin, on ACCOUNT of the money actually
loaned, for which said notes wcie given. was
only tue sum OF S52i6 81, and no moro Tina,
NIL OF said business and transactions between
tho par lies were with the said James VI Champ.
in, VINO acted as the agent ol sad Joseph W..
but since, nnd on HE date last aforesaid, Id
James VI claimed Ia be the owner OF said out.
standins notes, aud thu, said notes and mortgage
are now the property aud are ia the posscss.O
oil said JAMES VI Champ.in. That sInce the ma.
tnrity OF SAID notes, The plaintiff, Cram and
Woodbury. have at ali times been ready To pay
tho same. Inut on the lIth day Of December,
.S62, at the city Of Detroit in The State OF Mich.
igan, The plaintiff then and there rendered mud of.
fered to said James NJ the sum at S9s6S 80 In
legal tender, good aud lawful money OF The Uni.
Soi States, IA payment and discharge of said
three notes aud NOR gage bat he then and
there refused TO resolve said sum or any part
thereof, and refused to cancel said notes aud
mortgage, and deliver the same To plaintiff, uul
that ever since The pluinIlif Cram and Woodbury.
have kept said sum ready - pny the amount
Justly due on sail outstanding notes, and the
piIiuliT brings said sum Of SJ565 50 into this
Court u abide The order thereof, rs TO the
amount 50 as aforesaid due thereon, and no lur.
thor amount. That SAID notes were drawn Tor a
greater rate aud uluut 0I interest tiian is al.
lowed by law that the contracts therein con,
tained Tor the payment Ol iutercs, are null and
void aud the the only rate which the owner VI
sud notes "a entitled to IL slx per cent. per unnum
upen The money loaned, nom the dulc OF HE al.
yancemenL respectively, and no more. The Oh.
ject aud prayer OF whlr!i petition u Ia substance,
as follows; That said tour promissory notes,
and tha said contracts aud transactions con.
eernins Tho sane, 90 declared illegal usurious
and void to the extent hereInbstore set FORTH
That an account DO laken OF the amount really
and Justly duo ON said three outs unding notes to
lin December, 1862, after dGductiug sad Illegal,
unjust aud usurious amounts aforesaid, aud al
payments made on each and all oi saidiour prom.
is5ory noIes. That tho Court wIll order tho
amount 40 found due to he held by tho Clerk OF