Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-10-24
LEGAL. PROBATE MATTERS, &C,
LEGAL NOTICE.

UEORGE BROWN, who resides in the
State of New York viii take notice that on the Dist dry
of August, A. D. 1868 Peter D. Rice of Ashtabula, III
the County Of Ashabua, and State of Ohio, filed his
amended pctitien in the Court Of Common Pleas within
and for the County of Ashabua and State Of Ohio a.
garst Alexander Cole Rinaldo d. Cole William Sey
meHr A. g. Giddings and said George Brown. The OBJ
c and prayer OF which said petition Is in substance as
follows: That about the 5th day of January 1851
SAID defendant, Alexander Cole by means of certain
tton induced said plaintiff Rice convey to said Al
exander Cole by warranee deed ar undivided onehalf
fully described in said petition and known the Ph
nix Foundry alsu undivided half the TOOLS imple
ments machinery and utensils pertaining to said Foun
dry that on said 5th day of January, 1851 said defend
ant Alexander Cole, by false and fraudulent representa-
tons relied upon by said Rice and known to be false
ana untrue by SAID Alex. Cole, sold TO SAID Rice
pretended consideration for said conveyance. certain
interest in pretended Patent Right known as Cole
Spiral Spring Bed Bottom, y which said Patent Right
was invalid and worthless. That about the lOth
day August 1851 but before said Rice had discovered
the iaisty and fraud of said representations and that
said pretended patent right invalid and worthless,
the said Rice and Alex Cole agreed upon division or
sac Alex Cole, certain part Of said promises spec.
cy deserioed In said petition, and paid to SAID Alex
COl Without consideration the of 81 100 III stoves
Ploughs and Castings of the value Of 81 100. -.''
That on or about the 26h day of October, A. D. 1867,
Cole this SOM mortgage upon the premises SO quit
claimed by said Rice to said Alex Cole, which mortgage
purports to be made to said Rinado d. Cole for
ndorsng pretended promissory note for the sum Of
81 9' 81 dated January 1st 1851 made by said Alex.
Cole, TO Angelina Cole this 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 win iull notice actual and constructive Of all
the rights and equities OF said Rice and that said note
was without consideration and void. That part of
said stoves so delivered aforesaid now in posses
sion OF the said Wm Seymour and A. q. Giddngs, as
agents of said Alex. Cole nd said plaintiff further
AYERS in said amended petition that said defendant Geo
BrOwn claims TO have purchased of said defendant, Al
exaifdcr Cole, the following described premises men
TONED IN said plaintiff petition, TO wit: Commencing
.af rail-
building known the Phoenix Foundry running thence
ID westerly direction through the centre of said brick
bslldnS and so continuing in the same line TO the rear
of the lot thence in souherly direction along the
line of SAID lot 80 feet or thereabouts thence in
eastnry direction parallel with the first named line and
sufficient distance south of the south wall OF said
brick building to 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 pf
denies that said defendant Geo Brown, purchased said
premises prior to the filing OF said plaintiffs peti-
tion in this case, and denies that said Brown paid
any consideration for said premises But plaintiff AYERS
that said defendant Blown caused sad premises to be
conveyed to him after the filing Of said petition and
with full notice actual and constructive of said pans
rights and with intent to cheat and defraud him. The
prayer OF said petition is in substance, that said convey
to said Alex Cole by said Rice and that, said
mortgage ffOm said Alex Cole to said RinadO ID. Coe,
may each be declared fraudulent and void and wholly set
aside that the court the value of the stoves.
poughs 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 & Giddngs, may be sold and
applied said decree That the defendant, Alex Cole,
may be enjoned from selling, conveying or in any man.
ncr incumberng said premises and hat said defendants
Alex. Cole and Seymour & Giddings may DC enJoined
from selling removing dsposing of said stoves and
SAID defendants are further notified that said lce on
said oath day of March, 1ScS obtained said injunction
as prayed for That said amended petition viii be for
hearing at the term of this court beginning Nov
p. 1868. SHERMAN & HALL, Plf" 5 Atty. r.
Dated August 81, '6S. 6w97s