Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-05-02
LEGAL NOTICE!

ALEXANDER COLE, of Lockport,
in the State of New. FORK, and Rinado d. Cole, of
Gaines, in the State OF New Yor are hereby notified
that on the 24th day of March, A. d. 1858. Peter j. Rice
of AshtaOua, IN the County of Ashtabula State and
OF ONO, hied his petition in the Court of Common
Pleas within and for the County of Ashabua and State
of Ohio, against the said Alexander Cole, and Rinaldo
D. Cole, ana William Seymour and y. C. GlddinGs de-
fendants the object and prayer of which said petition is
in substance as follows that about the 5h day of
January lS6 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 warrantee deed an undyd one
half pact of certain Real Property in Ashtabua in ore
said fully described in said petition and known the
''PEGnx Foundry also an undivided half of the tcos
implements, machinery and utensils pertaining said
Foundry that on said 9TH day of January 1861, said de-
fendat Alexander Cole by false and fraudulent repre-
senaiions relied upon by said Rice and known to be
false and untrue by said Alex Cole sold to said Rice
pretended consideration for said cnnvrvancc certain
interest IN pretended Patent Right, known as Coles
Spiral Spring Bed l;ottom,' which said Patent Right
was invalid and worthless, That about the 10th
the falslty and fraud of said representations, and
that said pretended patent right invalid and worth
less the sad Rice and said Alex. Cole agreed upon
division of said Foundry Property and said Rice quit
claimed to said Alex Cole certain part of said prci
seS specifically described in said petition, and paid to
said Alex Cole without consideration the OF S2lO0,
i'll Stoves, Ploughs and Castings of the value of 81 100
That on about the 2h day of October. \. ID. 1861,
SAID Alex Cole executed and delivered to said naido
D. Coie TINS som mortgage upon the premises so quit
claimed by said Rice to said Alex. Cole, which mortgage
Pupors 10 DC made TO secure said RnadO d. Cole for
lndorsing pretended promssOry note for the sum of
81 5 6 dated January 1st, 1861, made by saId Alex
Cole TO Angelina Cole his wife, due IS mon his from
date.
That said ortgagei without consideration fraudulent
void, & that said X. ID. COc took said mortgage with
full notice actual constructive o all the rights equi
ties of said Rice, that said without consder
ton void. That part Of said delivered as
oresaid are now in possession Of the said VIM Seymour
and A e. Gddings. agents of said Alex. Cole. The
payerof 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 Rinaldo D. Cole
may each be declared fraudulent and void and wholly
set aside that the court the value of the stoves
plough and castings, delivered, and that said Rice
may have decree against said Alex Cole, for the a.
mount so found that the stoves remaining in the pos
session OF said Seymour & GCings, may be sold and
applied on said decree That the defendant Alex Cole,
may be enOined from selling conveying in any
ner incumberiHg said premises and that said defendants
Alex Cole, and Seymour Giddings may be enjOined
from selling removing. dspOsing Of said stoves and
said defendants further notified that said Rice said
2fth day of March, 1858 obtained said injunction as
prayed for that said defendants required to
said petition before the third Saturday after the
ID day of May, 1868.
SHERMAN, HALL & SHERMAN,
Plaintiff Attorneys.
Dated. March 1858 Gyy!iJ2