Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-04-18

ALEXANDER COLE, OF Lockport,
in the State of New York, and Rinaldo D. Cole OF
Gaines, in the State Of New York, hereby notified,
that on the 2lth day of March A. b. 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 Ashtabula and STATE
OF Ohio, against the said Alexander Cole and Hnaldo
ID. Cole and William Seymour and \. c. Giddings de-
PENDANTS the object and PRAYER of which said uetiIion is
III substance as loows that about the 9TH day of
january 1867, said defendant Alexander Cole by means
Of certain false and fraudulent representations stated in
said petition, induced said plaintiff Rice to convey TO
said Alexander Cole by deed undivided one
half pact of certain Real Property in Ashtabula in afore
said luy described III said petition and known as the
fhOnix Foundry also undivided half of the tools,
implements, machinery and utensils pertaining to said
Foundry that on said 9TH day OF January 1SG said de-
enuant Alexander Cole, by false and 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 III pretended Patent Right known as Coles
Spiral Spring Bed liottom,' which said Patent Right
was invalid and worthless That on or about the 10th
day OF August 1851 but before said Rice had discovered
NC MisIty anu Iiadu OF sad representations, ana
Ihat s1ld pretended patent right was invalid ana worth
less, the said Rice and said Alex Cole agreed upon
division of said Foundry PROPERTY and said Rice quit
CANNED 10 sald Alex Cote certain part OF SAID pren-
ses specifically described i'll said petition and paid to
said Alex Cole without consideration the of So i00
IN Stoves Pongs and Castings of the value OF 81 100
That on or about the Goth day of October A. ID. 1SG
said Alex Cole executed and delivered to said fnaldo
D. Cole, (is som mortgage upon the premises quit
claimed by said Rice to said Alex Cole. which mortgage
puTports TO be made to secure said Rinado D. Cole for
ndorsng pretended pronissory note for the sum of
S2g93 6i dated January LIST, 1861, made by said Alex
Ccle 10 Angene Cole, (his wife, due Is men hs from
date
That said orgage is without consideration fraudulent
void, that said X. D. Cole took said mortgage with
full notice actual constructive of all the rights equi
ties OF said Rice, that said note without COnsdeTa
ton void That part of said stoves delivered
foresad are now in Possession of the said Wm Seymour
and y. c. Giddings. agents of said Alex. Cole The
eroi 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 RiDaldo D. Cole
may each be declared fraudulent and void and wholly
set aGe that the court assess the value of the stoves
poughs and castings delivered, and that said Rice
may nave decree against said Alex Cole, for the
mount 30 found, that the remaining in the pos
session Of said Seymour q GiGCings, may be sold and
applied on said decree That the defendant Alex Cole
may be enoined from selling conveying, in any
ner ncumberng said premises AID that said defendants
Alex Cole, and Seymour Giddings may be enjoned
ifom selling removing dspOsing OF said stoves and
said defendants further notified that said Rice said
24th day of March. 1868 obtained said injunction
prayed for that said defendants required
said petition on or before Ie third Saturday after the
I'd day OF May 71G6S ..r-
SHERMAN, HALL 6 SHERMAN.
Plaintiff Attorneys.
Dated. March 26 1868 6wi52