Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-04-25

ALEXANDER COLE, Of Lockport,
that on the st day of March, A. D.. 1865 PcterJ Rice,
Of Asiliabgla in the County Of Ashtabqla state and
Pleas within and for Couutyof Ashtabuid and State
Of Ohio, against the said Alexander Cole, and Raldp
ID. Cole and William Seymour and A. G.. Giddngs de-
endants the object and prayer of which said petition IL
in substance as follows that on or bout the 5th day OF
January 1861 said defendant Alexander Cole by means
of certain false and fraudulent representations satedn
said petition, indneed sand plaintiff Rice to convey TO
said Alexander Cole by deed an undivided
half pact of certain Real Property Ashtabula in afore
sSfd fully described in said petition and known as the
Phgnix toundry also az undivided lalf OF the tools
implements machinery and utensils pertaining to said
Foundry thaton said 5th day of january 1864 said de-
endant Alexander Cole, BY false and fraudulent repre-
false and untrue By said Alex. Cole, sold TO said Rlce s
pretended consideration for said conveyance certain
interest IN pretended Patent Right, known as cole
Spiral Spring Bed liottom, which said Patent Right
was invalid and worthless, That aSont the 10Th
day Of August 1857 but before said Rice had discovered
the islsity and fraud of said representations ana
that said pretended patent right invalid and WORTH
less. the said Rice and said Aux. Cole agreed upon
division OF said Foundry Property, and SAID icc quit
claimed 10 said Alex Cole, certain part OF said prci-
scs specifically described in said petition, and paid 10
sad AeX Cole without consldera ton the sl OF Sl,
in Stoves PUughs and Castings of the Value OF 81 100
That on about the 2Gti day of october, l. D. 15Gi,
said Alex Cole executed and delivered to said Rinado
d. Cole, ts som mortgage upon the premises so quit
claimed by said Rice to said Alex Cole, which mortgage
purpoPts to be made 10 secure said Rnaldo D. Cole for
indorsing pretended promssory note for the OF
S2.53 81 dated January 1S 1861, made by SAID Alex
Cce, to AnSeline Cole, tiis wfe) due Is months from
date. 10
That said orteageis without consideration, fraudulent
void that saidls ID. Cole took said mortgage with
In notice actual constructive of all the rights equi-
ties of said Rice that said note without considera-
ton void That part of said stoves so delivered as a.
foresad in possession of the said m Soy nolir
and A. g. Giddings agents of said Alex Cole Inc
prayer Of said petition in substancc that said convey
ances TO said Alex. Cole by said Rice and that said
mortgage from said Alex Cole TO said lnaldo d. Cole
mas each be declared fraudulent and void, and wholly
aside that the The value of the stoves
psonghs and castings delivered and that said Rce
may have decree against said Alex. Cole, for the a.
mount so found, thai the stoves remaining IN the pos
session of said Seymour GidLings may be sold and
applied said decree. That the defendant. Alex Cole
may be epjoiued from selling conveying, or IN any mS
inenberiE said premises, and that sai Defendant
| Alex. Cole, and Seymour GiddBgs may he enjonec
reEl selling. removing. dsposis of said stoves am
said defendants further notified that said Rice on sif
a4th day of March, tSGSs obtained said injunction IA
prayed for that said defendants required to answer
said petition before the third Saturday after The
/ ID day Of May. 1868. ,. .ss s,l1. fs ar
SHERMAN, HALL &c SHERMAN, f.--
! Plaintiff Attorneys.
| Ms-rIls 6Iyte