Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-08-09
NOTICE Of THE PENDENCY q

NOTICE of THE TENDENCY Of
IN CIVIL ACTION and ATTACHMENT
I "a, STATE tate Of Ohio IS. In hsC0p5 Of Com
civil action SSu for Money in Attachment.
stephen Doughton, Abraham X. Price
Henry Hamilton. and Rieh'd Brown, Plain
tiffs, against ChRuncy II. Andrews, VIM. j.
berry, Peter w. Keller. Charles II. Bull, and
VIM. ]. McKinnie, defendants.
NOTICE-The above defendants, n es-
pecialy the said James WeSterman. sam
Kimberly and Peter w. Kellar, who are resi-
dents OF the. State OF Pennsylvania, residing
in sharon, Mercer county, and Charles H3
Bull, who Is a resident Of the state Of Mtchl-
gan, are hereby notified that said plaintiffs,
Doughton, Price, Hamilton, and Brown,
have filed in said court their petition, alles-
ing, in substance, that by contract, dated
December 2S, 1865. duly executed, witnessed
and acknowledged by said DOughtOn, Price,
and Hamilton, and signed and sealed 10
said defendants, and delivered to said de
PENDANTS, transfer was made to said defend
ants Of certain coal leases on lands In Brook
held, said Trumbu0 county. Ohio one
from Robert p. Hart, one from Warren Bur
ton, n one from Robert Christy-all re-
corded in volume one, page AIS, 1l6 and AIS,
respectively, Of Trumbul county records OF
leases, thereby conveying to said defend
ants, subject TO all the conditions, stipula-
tiOns and obligations OF said leases, all the
right, title and interest OF said Doughton.
Price and Hamilton therein, and in and TO
all the coal, rights n privileges secured
thereby in said lands; that in consideration
OF said transfer and grants, the said defend
ants, among other things, agreed to assume
and perform, and comply with all the agree
ments and obligations Of said grantors, said
DOughton, Price and Hamilton. contained
in said leases, n to pay all the coal
rents and tonnage due the original lessons,
from time to time, and in addition thereto,
pay said. Price, DOughtOn and Hamilton
an advanc Of twenty-five cents per ton
on the Hart and Burton leases, and Of ten
cents per ton on the ChriSty lease, over
and above the rents due the original les
sors therein; and also, in addition to the
amOuntsOf coal to be mined or paid for each
year, as stipulated in said leases, agreed to
mine out, or pay said DOughtOn, Price and
Hamilton for not less than 5000 worth OF
coal per year, at said agreed rates per ton,
said payments Of 5000 per year 70 COM
mence to be paid July ], 1870. n each year
thereafter to continue and be paid in quar-
ter annual stalments of $50 each; and
they agreed to mine out said coal with dill
gence; that said defendants have had and
still have the possession, control and use
Of said leases, coal interests and rights so
granted, n thereis coal in said lands that
said defendants have not mined said coal
with diligence, nor mined ont said quantity
as agreed, and by reason Of failure 10 mine
out 5000 worth each year, as agreed, there
became due to said plain1fk, Said Brown
having bought an eighth interest In said
contract n rents) on said contract, sums
as follows, to wit: July !, 1870, 5000; Octo-
Der /. $50. $50; January I 1871, $50; April
/, 1871, $50; and July /, 1871, $50. that ac-
cording 20 said agreement, said defendants
made said nrst two payments OF 5000 and
$3.50 at-or about the times due, but refused,
on request, To pay said remaining quarter
annual 1nstlaments. on p~retence that said
contract did not require it. by its construc-
ton; n therefore said plaintiffs, in three
separate auseso OF action, claim anddemand
judgment against said defendants for said
last three instalments OF $50 each, amount
ing 10 S2s2Jn, with interest from times when
due.
BY the fourth cause OF action in said petit
lfnn the nlQimfffG nrnU that said contract
be reformed and corrected, II IL bears the
construction pretended by defendants, so as
to embrace the true agreements which was,
in fact as alleged by plaintifs above, and
when reformed. as made, agreed upon and
intended. then that plaintiffs have iudg-
ment for said $3.50 interest and costs.
ton. the plaintiffs aver thatdefendantsh have
not mined said with diligence. nor made
payments as agreed. that plaintiffs are enti-
tied TO specific performance OF said contract,
and 70 a 4 lien on said coal leases,
rights and interests in said lands so trans
ferred by them, for the satisfaction OF said
rents q paymentss $50 due as aforesaid; and
plaint11s pray that defendants be ordered
toprocceda and mine said coal with diligence,
as agreed. and make payments as agreed, or
in default, that said contract be resolnded,
and said leases n c~oalfnterests and prem
ises be re-transferred and returned TO plain
tits, or else that said coal right, interest,
leases and privileges in said lands be sold to
satisfy said amount and interest due plain
against defendants, and such other and fur
Their orders, Judgment and relief as shall be
right, just and equitable.
An order OF attachment in said cause has
been obtained and issued against the said
nonresident defendants.
aiddefendantsa are notified to appear and
answer said petition by the ID day Of Sep
TENDER, a. d. 1871, or judgment and order
against them will be entered on their de-
fault. B. +. HOFFMAN,
July l9. AID. lS7L-6t Atty for Plis.