Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-10-03
LEGAL, PROBATE MATTERS, &C.
LEGAL NOTICE.
LEGAL NOTICE..
kJEORGE BROWN, who resides in the

OEORGE BROWN, who resides in the
State of New York will take notice that the 31st day
August A d. 1865 Peter J. Rice, of Ashtabua, in
the County of Ashtabula and State of Ohio filed his
and for the County of Ashtabula and State of Ohio
gainst Alexander Cole, Rinaldo ID. Cole William Sey
nour, A. G. Giddings and said George Brown. The OBJ
ject and prayer of which said petition is in substance
follows That on or about the 9th day January 1861
false and fraudulent representations in said Pc
tition induced said plaintiff Rice to convey to said Al
exander Cole by warTantee deed, undivided half
pact of certain Real Property in Ashabua in aforesaid
fully described in said petition, and known the Pho
nix Foundry also an undivided half the tools, nipple
ments machinery and utensils pertaining to said Foune
dry, that on said 9TH day of January 1851 said defend
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 as a
pretended consideration for said conveyance certain
interest i'll pretended Patent Right, known Cole,
Spiral Spring Bed Boom,'' which said Patent Right
invalid and worthless. That or about the 10th
the fsity and fraud of said representations and that
said pretended patent right invalid and worthless
the said Rice and Alex Cole agreed upon division of
said Foundry Property, and said Rice quit claimed
saic Alex Cole certain part of said premises specif-
caly described in said petition and paid to said Alex
Col, without consideration the of 81 100 i'll Stoves
PlOughs and Castings, of the value of 81 100.
That ON or about the 26th day of October A. D. 1861
said Alex Coe executed and delivered to said Rinaldo
D. Cole, (his SOM mortgage upon the premises so quit
claimed by said Rice to said Alex Cole which mortgage
purports to be made to secure said naldo d. Cole for
indUrsing pretended Promssory note for the sum of
81 93 81 dated january list, 1861, made by said Alex
Cole, to Angelina Cole, tis wife, due Is months from
dale.
That said mortgage is without considerations fraudu
lent and void, and that said r. ID. Cole took said mort
gage with 1ull notice actual and constructive Of all
the rights and equities of said Rice and that said
without consideration and void That part of
said stoves so delivered aforesaid i'll posses
sion OF the SAID Am. Seymour and A: c. Gddings, as
agents of said Alex Cole, nd said plaintiff further
AYERS in said amended petition that said defendant Geo
Brown, claims to have purchased of said defendant AL
eXander Cole, the following described premises men
toned in said plaintiffs pcfition to wit Commencing
point in the centre of front wall of the brick
building known the Phoenix Foundry. running thence
in westerly direction through the centre of said brick
bSldnS and so continuing i'll the same line TO the rear
the lot thence in sOuthery direction along the
he of said lot 30 feet thereabouts thence in
cast"ry direction parallel with the first named line and
4 sufficient distance south of the south wall of said
b:ick 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 plf
denies that said defendant Geo Brown, prchased said
premises prior to the filing OF said plaintiffs peti-
tOn i'll this case, and denies that said Brown paid
any consideration for said premises. But plaintiff
conveyed TO him after the filing of said petition and
with full notice actual and constructive of sad Plaintiffs
rights and with intent to cheat and dcfIaud him. The
of said petition is in substance that said
ances to said Alex Cole by said Rice, and that, said
mortgage from said Alex Cole said RnaldO d. Co.e,
each be declared fraudulent and vOid and wholly sci
plOughs and castings delivered and that said Rice
may have decree against said Alex. Cole. for the A.
mount so found that the stoves remaining in the pos
session of said Seymour & GiddnSs. may be sold and
applied on said decree That the defendant Alex. Cole
may be enloncd from selling, conveying, or in any man.
ncr incumberng said premises and hat said defendants
Alex Cole and Seymour ~ Gddings may be enjoined
from selling removing disposing of said stoves and
said defendants are further notified that said Rice OH
said oath day OF March. 1875 obtained said injunction
as prayed for That said amended petition will be fol
hearing at the term of this court beginning Nov.
9. 1868 SHERMAN & HALL, Plff-s Atty.
Dated August 81, '6S. 6w9IS