Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-04-11
.... LEGAL NOTICE!f ..s-.
ALEXANDER COLE, OF Lockp port,

IA ALEAAN DER COLE, OF LOCK port,
in the State of New York, and Rinaldo D. Col., Of
that the 2th day of March, A d. 1865 Peter j. Rice,
of Ashtabula in the County OF Ashtabula State and
of Ohio, filed his petition in the Court of Common
Pleas within and for the County of Ashtabua and State
Of Ohio, against the said Alexander Cole, and Rnaldo
ID. Cole and William Seymour and A. G. Giddings de-
endants the object and prayer of which said petition Il
in substance follows that about the 5th day of
January 1861 said defendant Alexander Cole by means
false and fraudulent representations stated in
said petition, induced said plaintiff Rice to convey to
said Alexander Cole by warrantee decd undivided ono
half pact of certain Real Property in Ashtabula in afore
sad fully described in said petition and known as the
Ph9nix Foundry also an undivided half of the tools
implements, machinery and utensils pertaining to said
Foundry, that said 5th day of January 1SG said de-
1endant Alexander Noe by iaise ana fraudulent repre-
sentations 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 pretendeu Patent Right, known as Cole
Spiral Spring Bed i;ottOm, which said Patent Right
was invalid and worthless, That about the 10th
ay of August 1861 but before said Rice had discovered
the falsity and fraud of said representations, and
that said pretended patent right invalid and worth
less, the said Rice and said Alex Cole agreed upon
division of said Foundry Property and said Rice quit
claimed to said Alex. Cole, certain part of said prcm
ses specifically described in said petition and paid to
said Alex Cole without consideration the of S2100
in Stoves Poughs and Castings, Of the value of 81 0O
That On or about the 2Gth day of October A. D. 1861
said Alex Cole executed and delivered to said Rinado
ID. Cole, this son) mortgage upon the premises SO quit
claimed by said Rice to said Alex Cole which mortgage
ndorsng pretended promissory note for the sum Of
S? 1913 81 dated january st, 1861 made by SAID Alex.
Stlc, 10 Ah@cllhe Coe, us WIFE, duelo hon Ls lIonl
date &
That said morgagci is without consideration fraudulent
void, that said r. D. Cole took said mortgage with
full notice actual constructive of all the rights equ-
ties Of said Rice, that said note without sidera-
tion void That part of said stoves delivered as a.
fOresad now i'll possession of the said Wm Seymour
and \. G. Giddings, agents of said AlexCoie The
prayer OF said petition in substance that said convey
to said Alex. Cole by said Rice, and that, said
mortgage from said Alex. Coleto said RiIado ID. Cole,
may each be declared fraudulent and void, and wholly
set aside that the the value of the stoves,
pOughs and castings delivered, and that said Rice
may have decree against said Alex. Cole for the a.
mount fouud that the stoves remaining in the pos
session of said Seymour & GidLings, may be sold and
applied said decree. That the defendant Alex. Cole,
MAY be enjoned from selling, ronveying or in any
ner ncumDerng said premises and that said defendants
Alex. Cole ana Seymour Giddings may be enjoined
from selling removing dispOsin of said stoves, and
said defendants further notified that said Rice said
2lth day of March, 1868 obtained said injunction
prayed for that said defendants required to
said petition before the third Saturday after the
ID day of May, 1868. -.-I
SHERMAN HALL s. SHERMAN,
Plaintiff Attorneys
Dated. March &C. 1865 Gw952