Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-03-28
ANNUAL MEETING.
LEGAL NOTICE

ALEXANDER COLE, OF Lockport,
III the State of New York, and Rnaldo ID. COla, OF
Gaines in the State OF New FORK, hereby notified
that the oath day OF March, A D. 1865, Peter j. Rice
of Ashtabula, in The County of Ashtabua State and
of Ohio flied his petition III the Court of Common
Pleas within for the County OF Ashtabula and
Of Ohio against the said Alexander Cole, and Rinado
d. Cole, and William Seymour and A. c. Gddings de-
Eendns object prayer of which said petition is
i'll substance follows that about the 18th day of
January, 1851 said defendant, Alexander Cole by
of certain false and fraudulent representations stated in
said petition induced said plaintiff Rice convey
said alexander Cole by warranee deed, undivided
half pact of certain Real Properly in AshaDua
said, fully described In said peton and known as the
Phoenix Foundry; also undivided half Of the tools,
implements machinery and utensils pertaining to said
Foundry that said 5h day of January 1861 said de-
lendant Se&auer Coie oy alse ana fraudulent repre-
sentaons relied upon by said Rice and known 10 be
false aEd untrue by said Alex. Cole sold to said Rice
pretended consideration ior sad conveyance, certain
interest i'll pretended Patent Right, known Coles
Spiral Spring Bed liottOm,n which said Patent Right
invalid and worthless, That on or about the lUtn
day of August 1851 but before said Rice had discovered
the ialsity and fraud of said representations and
that said pretended patent right was invalid and worth
less the said 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 premi-
ses specifically described in said petition, and paid
said Alex. Cole without consideration the of lOI
in Stoves Ploughs and Castings of the value of s. OO
That about the 26h day OF October, A d. 1861,
said Alex Cole executed and delivered said Rinado
d. Cole this SOM mortgage upon the premises so quit
Claimed by said Rice to said Alex Cole which mortpae e
purports be made to said Rnaldo D. Cole tor
indorsinp pretended promssory note for the sum of
|
Cole, to Angeline Cole, this wife, due is months from
date.
That said ortgage is without consideration fraudulent
void that sald X d. Cole took said mortgage with
full notice actual constructive of all the rights equi
ties of said Rice that said without consdera-
tion void. That part Of said stoves delivered a.
foresad in possession of the said Wm Seymour
and A. C. Giddngs, agents of said Alex. Cole The
prayer 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 d. Cole,
may each be declared fraudulent and void and wholly
asde that the court assess the value Of the stoves
ploughs and castings delivered and that said Rice
may have decree against said Alex. Cole for the Il
found, that the stoves remaining in the pos
session Of said Seymour GidCings, may be sold and
applied said decree. That the defendant Alex Cole
may be enjoned from selling, conveying or in any
ncumberng said premises and that said defendants
Alex. Cole and Seymour Giddings may be enjOined
from selling removing disposing of said stoves and
said defendants further notified that said Rice said
24th day of March, 1867 obtained said injunction
prayed for that said defendants required
said petition before the third Saturday after the
Cd day of May, ,.1S6S.
SHERMAN, HALL & SHERMAN,
Plaintiff Attorneys.
Dated March &C. 1863 6w952