Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-09-19
LEGAL NOTICE,

|UEORGE BROWN, who reside, in the
State of New York, will take notice thar ON tb N da
of August ~ d. 1868, Peter j. Rice of Ashtabnis i
the County of Ashtabula and State of Ohio filed bis
amended petition in the Court of Common Pleas within
and for the County of Ashtabula and State of Ohio a
gainst Alexander Cole, RnaldO ID. Cole, William Sew
mour, A Z. Giddngs and said George Brown. The OBJ
ect and prayer of which said petition is in substance
follows That on or about the 9th day of January 1851
said defendant, Alexander Cole by means of certain
false and fraudulent representations stated in said pc
tition, induced said plaintiff Rice convey TO said Al
exander Cole by warrantee deed undivided one-haf
pact of certain Real Property in Ashtabula in aforesaid
fully described in said petition and known as the Phn-
NIX Foundry also an undivided half the TOOLS imple-
ments, machinery and utensils pertaining t said Fon
dry that on said 5h day of January 1861 said Defend
ant Alexander Cole, by false aud fraudulent representa-
tiOns relied upon by said Rice and known tn he fI-
anu untrue Df sald Alex. Cole, sold said Rice as
pretended consideration for said conveyance certain
nteresI IN pretended Patent Right known Coles
spiral Spr1ng Bed Bottom, which said Patent Ri,bt
was invalid and worthless That on or about the 11tb
day OF august S6 but before said Rice had discovered
the falsty and fraud of said representations and thar
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 to
saiG Alex Cole, certain part of said premises Speci
cally described in said petition, and paid to said Alex
PlOughs and Castings, of the value of s., 100.
That about the 18th day of October, A. D. 1861.
said Alex Cole executed and delivered to said Rinao
D. Cole tins SOM mortgage upon the premises quit
claimed by said Rice TO said Alex Cole which mortgage
purpors to be made to said Rinado D. Cole for
indorslng pretended promissOry note for the of
S2933 81 dated January 1st 1867, made by said Alex
Sole, to AnSellne Cole, (is Wife, due Is months from
date.
That said mortgage is without consideration fraudu-
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 that aid note
was without consideration and void That a part of
SAID stoves so delivered aforesaid are now in
sion OF the sand Nm Seymour and A. c. Giddings as
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
eXandcr Cole the following described premises men
uOncd III SAID plalntln petition, to wit Commencing
at point in the centre of the front wall of the hricS
building known the Phoenix Foundry runnin0 thence
in westerly direction through the of said brick
oudng and SO continuing in the same line the rear
Of the lot thence ia sOuhery direction along the rear
line Of said lot 81 feet, thereabouts thence in an
castnry direction parallel with the first named line and
Il sufficient distance south of the south wall of said
biick building 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 p
denies that said defendant Geo. Brown purchased said
premises prior to the fling OF said plaintiffs peti-
tion in this case, and denies that said Brown paid
any consideration for said premises Rut plaintiff AYERS
cOnyeyedto him after the fling of said petition and
with full notice actual and constructive of said Plaintiffs
rights and wth 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 RinaldO d. Co.e
may each be declared fraudulent and void and wholly set
aside that the court the value the stoves
plOugs, and castings delivered and that said Rice
may have decree against said Alex Cole for the a
mount so ound that the stoves remaining in the pos
session of said Seymour IL Giddings, be sold and
applied said decree. That the defendant Alex Cole
may be enoined from selling conveying or in any man
ner incumbeng said premises and hat said defendants
Alex. Cole, and Seymour & Giddings may be enioined
from selling, removing or disposins of said stoves and
said defendants further notified that said Rice on
said 9th day of March, 1855 obtained said Injunction
as prayed for. That said amended petition will he for
hearing at the next term of this court, beginning Nov
O. 1860. SHERMAN g. HALL 7PIh-s Attv
Dated August 81 Is. 6w975