The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-26
LEGAL NOTICE.
The State Of Ohio,
Gaauga County .ss.l In Court OF Com. Pleas.
b. d. Woodbury., Plaintiff

Gsauga County .ss.i In Court Of Com. Pleas.
b. D. Woodbury., Plaintiff
Joseph w. Champlin, Civil Action.
James VI. Chainpin ct al.
Defendants.
THE said Joseph w Ch1rplin and James, NJ.
! L Champlin, dei'ts. who are non-tesideuts of
the State Of Ohio. will take notice that on the
llth day of teb., "A, ID. 1864, the plaintiff, b.. b.
Woodbury., filed in tho Office OF the Clerk OF
said Court. his petition against them and others,
setting forth in substance that the said plaintiff,
with Uri Seeley, Harvey Cram aud Erastus
Spencer, prior TO the 2jth day of January, A.
u. 1859, executed and delivered TO said Joseph
w. Champlin their three several notes, each for
the sum of $1,000, dated respectively, January
81, 1857, January l4th, 1857, and Feb 3D., 1881,
which said several ptomissory notes each were
given Tor the SUN of $3.50 money loaned by the
said Joseph w. TO said plaintiff, Cram, Srelcy
aud Spencer, and which notes were payable
to said Joseph w. Champlin or bearer, with in.
lerest at 10 per cent. per nnnum until paid, the
interest to be paid scmi-annually, md all inter.
est after duo TO draw 10 per cent. semi.annually
till paid. ThnttrOm the amount OF each OF said
promissory notes, at the date thereof, there was
reserved and withheld by the said Joseph w.
Champl.u, the sum OF $3.50, as and for md by
way of payment of %usuriOus interest on the said
notes respectively, and to said amount OF $3.50
said promissory notes were without c1usidcra-
ton and void. That on the 2jiI day OF January.
\. d. 1889, the said plaintiff Secley, Cram and
Spencer TOOK up and cancelled said notes
That said notes, on the said day last aforesaid.
with inieres, as aforesaid, amounted to the sum
of SlO,96572 Z. That, by reason itho Aforesaid
luxurious contracts, mnde at the date OF the said
| ptomissory notes tho contracts therein contained
Tor the pnyuInnt of interest became and were alb.
~solutely null and void and thatt 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 $685., 81 aud no
more. That on the dnte last aforesaid, the plain.
tif, with said Seeley, Cram and Spencer, in
payment OF the amount claimed due by said Jo-
seph W., OIL said first three prOlnissory notes, to
wit: the sum OF : 10 ,9G5, -, aud in consideration
of the sum OF S63i % then lonued to them by
snid Joseph W. Champlin, executed and deliy.
cred TO him their four several prOnlssory notes
10 said Joseph w Chumplln or bearer, on the
25th day OF January, 1862, with interest at ten
per cent. per nnnum uutil paid, the interest to
be paid semi.nnnunliy, and oil interest after duo
TO draw 10 per cent. sem.annually till paid
That from the amount of sud four pronIi5sory
notes, at the date thereof, there was reserved and
withheld by said Joseph W. the sum OF $500, as
and for and by way oil payment OF %usurious in
terest on snid notes, aud to SAID amount
of 500, in additionto the amoants above specified,
said ptomissory notes were without consideration
and void. Tina, on the 18th day of Janunry. A.
d. 1859, the plaintiff, TO secure the payment of
snid four promissory notes, executed aud dellv.
cred to said Joseph W, ChaInpliu a mortp,qe
decd OF the following described real csta tic, ldwit:
Situate in The township Of MmsOn, being No.
3 in the eighth Range OF townships in the Con-
~necticut Western Reserve IN the State Of Ohio,
and which Is also ia The County OF Geaupn. and
is kaown by being parts OF lots No. 2, 6 and
7, IN tract No. /. east division in great lot No.
4 in said township of Munson, and described ma
follows: Beginning at the east line OF said IN,
at the southeast corner OF land set of to PATTY
NJ. Peck, in a partition made BY the Cont of
Common Plens of said Geauga Conn;y; thence
west along, said line to tho center ofthe State
road lending from Chardon 10 Rayenna 81 chs.
and 65 LINKS; thence along tho center of snid
rond 20 chains mud 9G links; thence ehst q chs.
and 80 link 9 to the east limo o, su III town, thence
north along said town limo 10 chains mud 40
link s 10 the southeast corner of land in sail lot
2 belonging 10 r. p. Allen; thence west 5 chs.
to the south west corner oil the same, thence
north4 chains and Is links along said Aliens
line; thence east 2 chains 81 links to Ihe town
line; thence north 5 CHAINS and SO links to tho
placcof beginning Also commencing In the Sia,e
no nd at The point OF intersection Of the south line
OF the Pond read 50 called; thence along the cen.
tor OF said State road 81 chains and links to the
south line OF lot No. 6; thence along said south line
Al chains aud 81 links; thence north u dcgree.
west to tho south llne Of said Pond road; thence
along SAID south line to the place Of beginning.
Also beginning nt the nor IN. west cor ner OF said
lot No. Z; thence east on north line of said lot
10 chains and 50 links. thence south IL chains
and GO links to the place OF boginning, contain
ing pol and 50 100 acres of innI, be the same
more or less, but subiect to ait legal highways.
And thereby conveyed to said Joseph w.
said real estate, subject only to the condition
that the p%laintiif should pay said four notes
according to tho tenor and effect thereof.
That said mortgage deed 10 duly recorded
IN vol. Sc. pages 2l3 aud PHI, of Geaupa
County Records of Mortgages. That tho
following payments have been made on said
promissory notes by the plGintiG. Cram.
Seeloy aud Spencer, rs follows, to wit
July 25th, 1859, 5000 January 25th, 1880.
5000; July 25th, 1860, 5000 January 25lhl.
1861, 5000 July 25th, 1861, 5000 $ Jauua.
ry 25tb, 1862, $500 March lltb, 1869.
S3lS5 %, and ono of said notes was taken
up ; and on tho Och day of Juno, 1862,
1916. That no other payments bavo boon
made thereon, leaving u large sum duo and
unpaid thereon, which said SUN was not
paid at tho timo appointed for that pur-
pose, and is still unpaid. That said threo
notes and said mortgage arc still outstand.
ing in full forco, except as aforesaid, I'M
Cancelled and undlsoharged, whereby said
estate in said premises of said Joseph w.
ChampIin and his assigns, hns become abb
soluto ut law, subject to tho rights and
equities of tho said plaintiff to rodoem the
That, by reason OF tho failure of
coHsiuotu'iUho aioieshiu, ana ny reason OF
the aforesaid u%surious amounts incorpora
ted into said four rromissory notes, aud by
of tho aforesaid usurious contracts
made NJ tho dato Of said four promissory
notes. Tho contracts therein contained for
the payment of tho interest, and said other
amounts aforesaid, became and wore ubso.
null and void, aud that tho amount
the balance really and justly duo on said
four promissory notes, on tho 18th day OF
December, 1862, TO tho said Joseph W. or
The said james M. Cbamplin, on account of
Tho money actually loaned, for which said
lotes wore given, was oniy the sum of
s52f0 81, and no moro. That all of said
and transactions between tho par-
les were with tho said Jatnos M. Champ.
Ia, who acted rs tho agent of said Josoph
", but since, and on tho deto aforesaid.
aid James NJ. claimed to be- tho owner of
aid outstanding notes, and that said notes
nj mortgage arc now the property and arc
q the possession Of said James N. Champ.
10. That since the maturity of said notes,
no plaintiff, Cram aud Spencer have at ali
been ready TO pay thesame. That on
no 18th day OF December, 1862, at tho city
| Detroit in tho State OF Michigan, tho
laintiif then and there rendered and offered
o said James NJ. tho sun of S9S6S 80 in le-
al tondor, good and lawful money of tho
Inited States. in aymen and diaohap0a nf