Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-09-26
80 F..F
LEGAL NOTICE

~ 20 7-.+-,I .VsEfsSsS 3sF - ,r.5sFo-s-,
tOEoRGE BROWN, who resides in tbe
State of New York. will take notice that on the 3st da
the County of Aslrtabula and State of Ohio fled bi
amended petition in the Court OF Common Pleas within
gainst Alexander Cole, Rinaldo d. Cole, William ms Sew. a.
mour, A U. Giddings and said George Brown. The OBJ
ss SSa pryes at Of which ~ is n substance
said defendant Alexander Cole by means of certain
iase and fraudulent stated in said
exander Cole by warantee deed undivided one half
paSt OF certain Real Property in Ashtabua aforesaid
fully described i'll said petition, and known the
nix Foundry ? also an undivided half the TOOLS imple-
ments machinery and utensils pertaining said Foun.
Dry that on said 5th day of January 1861 said defond
ant Alexander Cole by false and fraudulent representa-
tions relied upon BY said Rice and known be false
pretended consideration for said conveyance certain
interest in pretended Patent Right known as Coles
invalid and worthless That on or about the iTb
day of August 1861 but before said Rice had dscoyer
the alsity and fraud of said representations and
said pretended patent right Invalid and worthless
the said Rice and Alex. Cole agreed upon division OF
said Alex Cole certain part Of said premises specf
caly described in said petition ard paid to said Alex
pS without % at 1 the % Of = S in Stoves
That on about the 26th day Of October A D. 1861
said Alex Cole executed and delivered to said Rinaldo
ID. Cole (hs SOM mortgage upon the premises so Quit
claimed by said Rice to said Alex Cole which mortgage
purports to be made to said Rinado D. Cole tor
indorsing pretended prOmissOry note for the sum of
S2 933 dated January 1st 1861 made by snid Alex
Cole, to Angene Cole, (hs wife, due IS months from
date.
That said mortgage is without consideration raudu
lent and void and that said r. D. Cole took said mort
gage with full notice actual and constructive of all
the rights and equities of said Rice and that said
was without consideration and void That part of
said stoves so delivered aforesaid now in posses
sion OF the said VIM. Seymour and A. c. Gddinus. as
agents Of said Alex. Cole and said plaintiff further
AYERS in said amended petition that said defendant
Brown, Claims to have purchased of said defendant
exander Cole, the following described premises men
toned in said plaintiffs petition to wit Commencing
at point in the centre of the front wall the brick
building known the Phoenix Foundry running thence
in westerly direction through the centre of said brick
bGiding and continuing in the same line to the rear
OF the lot thence in sOuthery direction along the rear
line of said lot 30 feet, thereabouts thence in an
eastnry direction parallel with the first named line and
sufficient distance south of the south wall of said
brick building to touch the northeast of the
moulding room, to Main Street. thence along the west
line of Main Street. to the place Of beginning but pf
denies that said defendant Geo Brown purchased said
promises prior to the filing OF said plaintiffs petit
tion in this case, and denies that said Brown paid
any consideration for said premises But plaintiff AYERS
tha SAID defendant brown cansed said premises to be
conveyed to him after the filing Of said petition and
with full notice actual and constructive of said Plaintiffs
rights and with intent to cheat and defraud him. The
prayer OF said petition is in substance that said convey
ances to said Alex. Cole by said Rice and that said
mortgage from said Alex Cole to said RinaIdo d. Coe
may each be declared fraudulent and void and wholly set
aside. TINT the court the value of the stoves
ploughs and castings delivered and that said Rice
may have decree against said Alex Cole for the a
mount so found thar the stoves remaining in the pos
session OF said Seymour 81 Giddings may be sold and
applied said decree That the defendant Alex Cole
may be enjoned from selling, conveying or in any man.
ner 1ncubering said premises and hat said defendants
Alex Cole, and Seymour Il Giddngs may be enioined
from selling, removing dsposng of said stoves and
said defendants are further notified that said Rice on
said oath day of March, 1853 obtained said Injunction
as prayed for That said amended petition will be for
hearing at the next term of this conrt, beginning Nov
Q. 1868 SHERMAN E HALL ePIf-s Atty
Dated August 81, g. 6wgS8