Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-09-12
LEGAL NOTICE.
NIEORGE BROWN who resides in

IUEORGE BROWN, who resides in the
State of New York. will take notice that the 31st day
OF August A. ID. 1865 Peter j. Rice, of Ashtabua,
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 Ohio
gainst Alexander Cole, Rnaldo D. Cole, William Sey-
mour, A. G. Giddngs and said George Brown. The OBJ
ject and prayer OF which said petition is in substance
follows That about the 5th day of January 1857.
said defendant, Alexander Cole by means of certain
false and fraudulent representations stated in said pc
tition induced said plaintiff Rice convey to said Al
cAanuer oolc OJ warI,lee ueeu, al uiN9eu one-ii
pact Of certain Real Property in Ashtabula in aforesaid
fully described in said petition, and known as the Phoe
nix Foundry also an undivided half the tools, imple
ments machinery and utensils pertaining o said Foun
dry that said 9Th day of January, 1867, said defend
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
pretended consideration for said conveyance, certain
interest in pretended Patent Right, known as Coles
Spiral Spring Bed Bottom, which said Patent Right
was invalid and worthless That on about the 10Th
day of August 1861 but before said Rice had discovered
the fasity and fraud of said representations and that
said pretended patent right invalid and worthless
the said Rice and Alex Cole agreed upon division of
said Foundry Property, and said Rice quit claimed
sale Alex. Cole, certain part of said premises, spec
cay described in said petition, and paid to said Alex
Col. without consideration the Of 81 100 in Stoves
Ploughs and Castings of the value of s., 100.
That about the 26th day of October, a. d. 1861
D. Cole his SOM mortgage upon the premises quit
claimed by said Rice to said Alex Cole which mortgage
purpOrts to be made TO said naldo D. Cole for
indorsing pretended promssory note for the of
81 93 81 dated January LIST, 1851 made by said Alex
Cole to Angsline Cole this wife, due Is months from
date.
That said mortgage is without consideration fraud-
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 sad note
without consideration and void. That part of
said stoves delivered aforesaid in posses
sion Of the said VIM Seymour and A. G: Giddngs, as
agents of said Alex. Cole and said plaintiff further
AYERS in said amended petition that said defendant Geo.
Brown claims to have purchased of said defendant, Al
exander Cole the following described premises men
TONED in said plaintiff petition to wit Commencing
ata nOnt n the front wall OF the brick
building known as the Phoenix Foundry, running thence
in westerly direction through the centre OF said brck
building and so continuing IN me same me 70 @ the rear rear
line of said lot 80 feet, or Whereabouts thence IN a
eastary direction parallel with the first named line and
sufficient distance south OF the south wall OF saio h
blick building to touch the northeast corner Of the
moulding room to Main Street, thence along the west
line Of Main Street. the place of beginning but pn
denies that said defendant Geo Brown purchased saa
n1emises prior to the filing OF said plaintiffs petit
ZION in this case and denies that said Brown paid
anv consideration for said premises But palnth AYERS
that said defendant Brown caused said premises TO be
conveyed TO him after the filing of said petition and
with full notice actual and constructive OF sd palns
RIGHTS and with intent to cheat and defraud him. The
nrayer of said petition in substance that said convey
ances to said Alex Cole by said Rice, and that, said
mortgage from said Alex Cole to said Rlnaldo D. Cose,
NAV each be declared fraudulent and void and wholly set
nIonohs and castings delivered and that said Rice
NAV have decree against said Alex. Cole, for the
mount SO found that the stoves remaining in the pos
session of said Seymour Gddlngs, may be sold and
snn sd on said decree That the defendant Alex Cole
NAV he enoined from selling conveying in any man.
ner incumbering said premises and mat said defendants
Alex Cole, and Seymour Il Giddings may be enjoined
from selling removing dispOsing of said Stoves and
said defendants further notified that said Rice on
said 2th day OF March, 1863 obtained said injunction
as prayed for. That said amended petition will be for
hearing at the next term of this court beginning Nov
Q. 1860. SHERMAN 81 HALL, Plf's Atty.
Dated August 81, SS. 6w915