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

OEORGE BROWN, who resides in the
State of New York will take notice that on the day
of August A. ID. 1853 Peter j. Rice, of Ashtabula in
the County of Ashtabula and State OF Ohio, filed his
amended petition in the Court of Common Pleas within
and for the County of Ashtabula and State OF oho u
gainst Alexander Cole, Inaldo d. Cole, William sey-
mour, A. e. Giddngs and said George Brown The OBJ
jcct and prayer of which said petition is in substance as
follows That or about the 9Th day of january 1851
fse and fraudulent representations stated in said pc
htion induced said plaintiff Rice to convey to said Al
exander Cole by warrantee deed ar undivided onehalf
pact certain Real Property in Ashtabula in aforesaid,
fully described in said petition, and known as the PhG-
nix Foundry - also undivided half the tools, mple
ments machinery and utensils pertaining to said FOun
dry that said 9TH day of January 1861 said defend
ant Alexander Cole by false and fraudulent representa-
tions relied upon by said Rice, and known to be false
and untrue by said Alex. Cole sold to SAID Rice as
interest in pretended Patent Right, known as Coles
Spiral Spring Bed Bottom" which said Patent Right
day August 1861 but before said Rice had discovered
the fasity and fraud of said and that
the said Rice and Alex Cole agreed upon division of
said Foundry Property, and said Rice quit claimed to
cay described in said petition, and paid to said Alex
Col, without consideration the of 81 100 in Stoves,
Pl0qghs and castings, of the value Of S2 100 ,oo-
That on or about the 26th day of October, A d. 1867,
said Alex Cole executed and delivered to said Rnaldo
Cole Shls som mortgage upon the premises SO quit
puports to be made to said naldo d. Cole for
indorsing pretended promssory note for the sum OF
Cole, TO Anelne Cole, (his wife, due is months from
date.
That said mortgage is without consideration faudu
lent and void and that said r. D. Cole took said mort
gage with full notice actual and constructive of all
the rights and equities of said Rice and that said
was without consideration and void. That part OF
said stoves SO delivered as aforesaid are noW IN posses
sion Of the said VIM. Seymour and A. c. Giddings
agents of said Alex Cole, nd said plaintiff further
i'll said amended petition that said defendant Geo
Brown, claims have purchased of said defendant, AL
exander Cole, the following described premises
TONED in said plaintiff petition to wit Commencing
at point IN the centre of the front wall OF the brick
building known the pnnnix FOundry thence
in westerly direction through the centre of said brick
bEildlng. and continuing the line TO the
of the lot thence in sOuthery direction along the
line of said lot SO feet, thereabous thence in
east"ry direction, parallel with the first named line and
sufficient distance south of the south wall of said
blck building to touch the northeast corner of the
moulding room to Main Street, thence along the west
line OF Main Street, tn the place of beginning but PIN
denies that said defendant Geo Brown, purchased said
premises prior to the filing OF said plaintiffs peti-
tiOn i'll this case and denies that said Brown paid
any consideration for said premises. But planf
that said defendant Brown caused said premises bs
conveyed to him after the filing of said petition and
with full notice actual and constructive OF said Plaintiffs
rights and with intent to cheat and deraud him. The
prayer of 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 RnaldO d. Coe,
may each be declared fraudulent and void and wholly set
ploughs and castings delivered and that said Rice
may have decree against said Alex. Cole, for the
mount SO found that the stoves remaining in the pos
session of said Seymour Giddings, may be sold and
applied on said decree That the defendant Alex Cole,
may be cnjOined from selling conveying or in any
ner ncumberng said premises and hat said defendants
Alex. Cole, and Seymour & Giddings may be enjoined
from selling removing disposiBg of said stoves, and
said defendants are further notified that said Rice
said 2ih day of March, 1865 obtained s1id injunction
as prayed for That said amended petition will be for
hearing at the term of this court beginning Nov.
Q. 1868. SHERMAN & HALL, Plf's Atty.
Dated August 81, 6S. 6w9TS