Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-04-04
Jefferson. March 6.
LEGAL NOTECEI
ALEXANDER COLE, OF Loekport

ALEXANDER COLE, OF Lockport,
in the State of New York. and RinaldO d. Cole, of
Gaines in the State of New York, are hereby notified
thar on the nth day March, A. d. 1865 PeterJ Rice,
of Ashtabula III The County of Ashtabua State and
of Ohio, filed his petition the Court OF Common
pleas within and for the County of Asltabula
of Ohio against the said Alexander Cole, and Rinado
d. Cole, and William Seymour and A. c. GlddlnSs de-
fendants the object and prayer OF which said petition Is
in substance Follows that about the 9TH day OF
January 1857 said defendant Alexander Cole by means
of certain false and fraudulent stated IN
said petition induced said plaintiff Rice to convey 10
said Alexander Cole by deed undivided cac-
half pact certain Real Property in Ashabua in afore-
said fully described in said petition and known as the
phoenix Foundry" also undivided half of the tools,
implements, machinery and utensils pertaining to SAID
Foundry that said 9th day of January 1861 said de-
fenClanT Alexander Cole by alse ami fraudulent repre-
sentaI0ns relied upon by said Rice aud known to Dc
false and untrue by SAID Alex Cole soid 10 sild ce AZ
pretended consideration said conveyance, certain
interest in pretended Patent Right known as Cole
Spiral Spring Bed l;OttOm, which said Patent Right
invalid and worthless That ON or about the 10Th
day August 1851 but before said Rice had discovered
the falsty and fraud of said representations, and
that said pretended patent right was invalid and worth
less the said Rice and said Alex. Cole agreed upon
division of said Foundry Property and SAID !ce GUT
claimed TO said Alex Cole certain part of said pre
ss speciicaly described in said petition and paid
said Alex. Cole without consider Iton the sam CT S2OO
Ia Stoves, Ploughs and Castings n the value oi
That about the 26th day of October, y. u l96I
said Alex Cole executed and delivered to SAID klnado
D. Cole (his SOM mortgage upon the premises so quit
claimed by said Rice TO said Alex Cole, which
lurports to be made said Rinado d. Cole tor
indorsng pretended promissory note for the sum oil
Ol ualeu liduc Dy EAlS1-
Cole, to Angelina Cole ibis Wife, due IS monhs from
date.
That said ortgage without consideration fraudulent
void, that said X ID. Cole took said mortgage With
fun notice actual constructive of all the rights equ-
ties of said Rice, that said note was without consder
ton void. That part of said stoves so delivered as a.
oresaid now i'll possession of the said Wm seymour
and A c. Giddings. agents of said Alex. Cole The
prayeroi said petition is in substance that said convey
ances to said Alex Cole by said Rice and that sand
mortgage from said Alex. Cole to said lnaldo D. Cole,
may each be declared fraudulent and void, and wholly
ploughs, and castings delivered, and that said lce
may have decree against said Alex Cole for the a.
mount found, that the stoves remaining in the pos
session of said Seymour q GidLings, may be sold and
applied on said decree That the defendant Alex. Cole,
may be enoined from selling conveying or in man
ner ncumbering said premises and that said defendant
Alex. Cole, and Seymour Gddings may be enJoined
from selling. removing dsposing of said stoves, and
said defendants further notified that said Rice ON said
24h day of March, 1865 obtained said injunction
prayed for that said defendants required TO answer
said petition before the third Saturday after the
I'd day of May 1868.
SHERMAN, HALL & SHERMAN,
Plaintiff Attorneys.
Dated, March &C. 1865 6w!l52