Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-10-17
LEGAL. PROBATE MATTERS, &C.
LEGAL NOTICE.

OEORGE BROWN, who resides in the
State of New York will take notice that the 3st day
of August, A. D. 1868 Peter j. Rice, of Ashtabula in
the County of Ashtabula, and State OF Ohio filed his
amended petition in the Court of Common Pleas within
and for the County of Ashtabula and State of Ohio,
gainst Alexander Cole. Rnaldo d. Cole, William Sey-
mour, A. T.. Giddngs and said George Brown. The OBJ
ec and prayer of which said petition is in substance
ollows That on or about the 9TH day of january 1861
alse and fraudulent representations stated in said Pc
titon induced said plaintiff Rice to convey TO said AL
exander Cole by warrantee deed az undivided one half
pact of certain Real Property in Ashabua in aforesaid
fully described in said petition, and known as the Phe-
nix Foundry also undivided half the tools, imple-
ments machinery and utensils pertaining t) said Foun-
dry that said 5th day of january 1861 said defend
ant Alexander Cole by false and fraudulent representa-
tions relied upon by said Rice and known to be false
and untrue by said Alex. Cole, sold to said Rice
pretended consideration for said conveyance certain
interest in pretended Patent Right known Coles
Spiral Spring Bed Bottom which said Patent Right
was invalid and worthless. That about the 10th
day of August 1861 but before said Rice had discovered
the lslty and fraud of said representations and that
said pretended patent right invalid and worthless
the said RICE and Alex Cole agreed division of
SAID touhdy property and said Rice quit claimed to
saiC Alex Cole certain part of said premises specif-
ealy described in said petition and paid said Alex.
COL without consideration the sum Of 81 100 in Stoves,
Ploughs and Castings, of the value of s., 100.
That ON or about the 2Gth day of October, D. 1857,
D. Cole is SOM mortgage upon the premises so quit
Claimed by SAID Rice to said Alex. Cole which
mdorslng pretended promissoy note for the sum OF
S2)33 6l dated january 1s 1851, made by said Alex.
Cole 10 ahSelIe Cole, This wife, due Is mOnths from
| date.
That said mortgage is without consideration fraudu-
lent and void and that said r. D. Cole took said mort
gage win 1uD notice actual and constructive OF all
the rights and equities Of said Rice and that said note
was without consideration and void. That part OF
said stoves so delivered aforesaid now in posses
sion OF the said Wm Seymour and A G. Giddngs, as
agents OF said Alex. Cole md said plaintiff further
AYERS in said amended petition said defendant Geo.
Brown claims to have purchased of said defendant, Al
exander Cole the following described premises men
TONED IN said PLAINTIFF petition, to wit Commencing
building known the Phoenix Foundry running thence
in westerly direction through the centre of said brick
Building, and so continuing in the line TO the rear
of the lot thence in souRerly direction along the
line of said lot 80 feet or thereabouts thence in an
eastnry direction parallel with the first named line and
blick building to touch the northeast corner of the
moulding room, to Main Street. thence along the west
line OF Main Street. to the place of beginning but p
denies that said defendant Geo. Brown, purchased said
premises prior to the filing OF said plaintiffs peti-
ton in this case. and denies that said Brown paid
any consideration for said premises. But plantf AYERS
That SAID defendant Blown caused sad premises 10 De
conveyed to him after the filing OF SAID petlon ana
with full notice actual and constructive of said Plaintiffs
rights and with intent to cheat and deraud him. The
prayer OF said petition is in substance that SAID convey
ances TO said Alex Cole by said Rice, and that, SAID
mortgage f.Om said Alex Cole said RnaldO D. Co.e
may each be declared fraudulent and void and wholly set
aside that the court the yano of the stoves
ploughs and castings delivered and that SAID hlce
may have decree against said Alex. Cole. for the O.
mount found that the stoves remaining in the pos
session OF said Seymour Giddings may be sold and
applied on said decree That the defendant Alex, Cole
may be enoined from selling conveying, or in any man.
ner ncumberng said premises and hat said defendants
Alex. Cole, and Seymour & Giddings may be enjoined
from selling removing dispOsing of said stoves and
said defendants further notified that said Rice
said oath day Of March, 1865 obtained said injunction
as prayed for. That said amended petition will be fol
hearing at the next term of this court beginning Nov
| 0. 1868. SHERMAN & HALL, Plf4s Atty.
Dated August 81, 6S. 6wgiS