Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-09-05
LEGAL NOTICE,
NIEORGE BROWN WIN resides in the

OEORGE BROWN, who resides in the
State of New York, will take notice that on the 3ls day
OF August A ID. 1868, Peter j. Rice, of Ashtabula in
the County of Ashtabula and State of Ohio filed his
amended petition in the Court of Common Pleas within
and for the County of Ashtabula and State of Ohio
gainst Alexander Cole, RnaIdo ID. Cole, William Sey-
lnOur, a. Z. GiGdngs and said George Brown The OBJ
ect and prayer Of which said petition in substance
follows That on or about the 9th day OF January 1861
said defendant, Alexander Cole by means of Certain
false and fraudulent representations stated in said Pc
tlllon induced SAID plaintiff Rice to to said AL
e1ander Cole by warrantce deed ar undivided onehalf
pact Cf certain Real Property in Ashtabul aforesaid
fuy described In said petition, and known the 'PhC
nix Foundry also undivided half the tools imple-
ments machinery and utensils pertaining t. said Foun-
dry, that on said 5th day of January 1861 said defend
ant Alexander Cole by false and fraudulent representa-
tions relied upon by said Rice known to be false
and untrue by said Alex Cole sold TO said Rice as
pretended consideration for said conveyance certain
interest IN pretended Patent Right, known Cole,
was invalid and worthless That ON or about the 10Th
day of August 1867 but before said Rice had discovered
the fasity aud fraud of said representaons and thar
sad pretended patent right invalid and worthless
the said Rice and Alex. Cole agreed upon division Of
said Foundry Property, and said Rice quit claimed to
saC Alex Cole, certain part of said premises, speci-
cay described IN said petition, and paid to said Alex
Col, without consideration the of 2,lOO in Stoves,
Pi0nghs and Castings of the value of 81 100.
That OH about the 18th day of October A. D. 1861
said Alex. Cole executed and delivered to said Rnaldo
D. Cole hls SOM mortgage upon the premises quit
claimed by said Rice to said Alex Cole which mortgage
purports to be made to said Rinado ID. Cole for
lndorSnS pretended promissory note for the of
S29$3 q dated January 1st, 1861 made by said Alex.
Gole 10 Ageilne Cole this Wife, due Is months from
That said mortgage is without consideration fraudu-
lent and void and that said r. D. Cole took said
gage with iuli notice actual and constructive of all
the rights and equities of said Rice and that sad
was without consideration and void. That a part of
said stoves so delivered aforesaid in POSSES
sion OF the said VIM. Seymour and A. c. Giddings,
agents of said Alex. Cole and said plaintiff further
ayers in said amended petition that said defendant Geo
Brown claims to have purchased of said defendant Al
cxander Cole, the following described premises men
toned in said PLAINTIFF petition, wit Commencing
at point Ill the centre OF the front wall of the brick
building known Id the Phoenix Foundry, running thence
in westerly direction through the of brick
Building, and go continuing in the line the
OF the lot thence ina souhcrly direction along the
line of said lot 30 feet, thereabouts thence in an
est"ry direction parallel with the first named line and
sufficient distance south of the south wall of said
blick building 10 touch the northeast of the
moulding room, to Main Street. thence along the west
line OF Main Street. to the place of beginning but DIFF
denies that said defendant Geo Brown purchased said
premises prior to the filing OF said plaintiffs petit
ton i'll this case, and denies that said Brown paid
any consideration for said premises But plaintiff AYERS
that said defendant Blown caused said premises 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
ances to said Alex Cole by said Rice and that said
mortgage from said Alex Cole to said RinadO ID. Cose
each be declared fraudulent and void and wholly
aside that the the value of the stoves
ploughs and castings delivered, and that said Rice
may have decree against said Alex Cole for the a.
mount found that the stoves remaining in the pos
session of said Seymour & Giddings may be sold and
applied said decree That the defendant Alex Cole
may be enjoned from selling, conveying, in any
ncumbering said premises and hat said defendants
Alex Cole and Seymour tS Giddngs may be enjoined
from selling, removing dsposng of said Stoves and
said defendants further notified that said Rice
said 9th day of March, 1868, obtained said injunction
a. prayed for. That said amended petition will be for
hearing at the next term of this court beginning Nov
9. 1860 SHERMAN & HALL Plf-s ATTY
Dated August 81, IS. 6w975