Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-10-31
LEGAL, PROBATE MATTERS, &C.
LEGAL NOTICE.

UEoRGE BROWN, who resides in the
State of New York. will take notice that the 3ls day
of August, A D. 1868, Peter J. Rice, Of Ashtabqla in
the County of Ashtabua 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,
ganst Alexander Cole, Rinaldo d. Cole, William sey
ect and prayer which said petition in substance as
follows: That on or about the 9TH day Of January 1861
aise and fraudulent representations stated i'll said pc
tton, induced said plaintiff Rice to Convey to said Al
eXander Cole by warrantee deed undivided one-hai
pact of certain Real Property Ashtabula in aforesaid
fully described in said petition and known as the Ph
nix Foundry " also undivided hall the too nipple
ments machinery and utensils pertaining ID sad foun
dry that on said 5th day of january 1856 SAID defend
ant Cole by false and n b fIs
and untrue by said Alex. Cole sold TO SAID Rice as
pretended consideration for said conveyance ceftn
Spiral Spring Bed Bottom, which said Fatent hght
was invalid and worthless That on or about the 10th
day OF August 1884, but before said Rice ad @
the alsty and fraud of said representations ana taI
said pretended patent right Invalid and worthless
said Foundry Property and said Rice quit claimed to
sale Alex Cole, certain pare of said premises spec
caly described in said petition, and paid to said Alex
Col without consideration the of 81 1O0 in Stoves,
Ploughs and Castings of the value of $2,l00. 81
That on or about the 26th day of October, A. D. 1866
said Alex Cole executed and deiveredto said Rnaide
D. Cole hls SOM mortgage upon the premises 20 luas
purports to be made to said Rnaldo D. Cole tor
ndorsing pretended promssory note for the sum OF
Cole to Angelina Cole this wife, due Is months Nron
dnte..sfs. ~ s. ~ : 5lFF n = % ''
That said mortgage is without consideration fraudu-
lent and yold ana that said r. d. Cole took sald mort III
gage with full notice actual and constructive OF all
the rights and equities of said Rice, and that sd loe
was without consideration and void. Ihat part Oh
SAID stoves SO delivered as aforesaid are now n posses
sion of the said VIM Seymour and A. C. Giddings, as
agents OF said Alex. Cole nd said palntiH iurther
AYERS IN SAID amended petition that said deiendan Geo
Brown claims to have purchased of said defendant, Al
eXander Cole the following described. premises men
TONED in said plaintiffs petition to wit: Commencing
at point in the centre of the front wall OF the ock
building known as the Phoenix Foundry. running tncnce
in westerly direction through the centre Of sand brck
bading and continuing the same line 10 the rear
of the lot, thence in souherly direction along the rear
line OF said lot 30 feet thereabouts thence IN an
eastnry direction parallel with the first named line and
sufficient distance south of the south wall OF said
bllck building TO touch the northeast corner OF the
moulding room, to Main Street, thence along the wesl
line OF Main Street. to the place of beginning but PIN
denies tha sld defendant Geo. Brown, purchased saia
premises prior to the filing OF said plalntins petl-
uon i'll this case, and denies that said brown pald
any consideration for said premises But pialnt AYERS
conveyed to him after the filing of said petition and
with full notice actual and constructive OF sad ptns
rights and with intent to cheat and defaud him. Ihe
of said petition is in substance that said convey
to said Alex Cole by said Rice and that, said
mortgage from said Alex Cole to said Rinado ID. Coe,
each be declared fraudulent and void and wholly set
aside that the court assess the value OF the stoves
poughs and castings delivered, and that SAID Rice
may have decree against said Alex Cole Tor the a.
mount so found that the stoves remaining in tho pos
session OF said Seymour s. Giddngs, may be sold and
may be enloned from selling, conveying or in any man
ncr incumberng said premises and hat said defendants
Alex Cole and Seymour G. Gddings may bo enjoined
from selling removing disposing OF said Stoves and
said defendants further notified that said Rice on
said 2ith day of March, 1865 obtained said injunction
as prayed for That said amended petition will be for
hearing at the next term of this court beginning Nov
Q. 1865 SHERMAN s. HALL, Pf- g Atty.
Dated August 81, '6S. 6w97S