Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-07-19
NOTICE Of THE TENDENCY of

NOTICE Of THE TENDENCY of
In CIVIL ACTION and ATTAINMENT
me state Of Ohio, IS. In thscop5t Of Com
civil action for Money in Attachment.
stephen Doughton, Abraham X. Price,
Henry Hamilton, and Rich'd Brown, Plain
Hitchcock, James Westerman, SamT kim
berry, Peter W. Keller, Charles II. Bull, and
VIM. J. MeKinnie, defendants.
NoIICE-The above defendants, n es-
peclally the said James Westerman, SAM
Kimberly andPeter w. Kellar, who are RESI-
dents OF thestate OF Pennsylvania, residirg
in sharon, Mercer county, and Charles b
Bull, Whois a resident Of the State OF Mich :
gan, are hereby notified that said p~laintifs,
DouEhton, Price, Hamilton, and Brown,
have nled in said court their petition, alles-
ing, in substance, that by contract dated
December 2, ls6S, duly executed, witnessed
and acknowledged by said Doughton, Price,
and Hamilton, and signed and sealed by
said defendants, and delivered to said de-
PENDANTS, transfer was made 10 said defend
ants OF certain ooalleases on lands in Brook
field, said Trumbuu county, Ohio one
from Robert p. Hart, q from Warren Bur-
ton, and one nrom Robert Christy-al re-
corded In volume one, pages AIS, 4l6 and as,
respectively, Of Trumbun county records OF
leases, thereby conveying to said defend
ants, subject 70 all the conditions, stipula-
lions and obligations OF said leases, all the
right, title and interest OF said Doughton.
Price and Hamilton therein, and In and 70
all the coal, rights and privileges secured
OF said transfer and grants, the said defend
Rnt4, among other things, agreed to sun
and PERFORM and comply with all the agree
ments and obligations OF said grantors, said
DoughtOn, Price and Hamilton. contained
in said leases, and TO pay all the coal
rents and tonnage due the original lessons,
from time 70 time, n in addition thereto,
pay said, Price, DOughton n Hamilton
an advance Of twenty-five cents per ton
on the Hart and Burton leases, and OF ten
cents per ton on the Christy lease, over
and 0hnEn thu rents dina the nrluNnnN les
Bors therein; and also, in addition 70 the
! smountsof coal 70 be mined or paid for each
year, as stipulated In said leases, agreed 10
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 or 5000 per year 70 COM
menes 70 be paid July ], lS70, and each year
thereafter to continue and be paid in quar-
ter annual instruments OF $50 each: and
they agreed to mine out said coal with dill
| gsnce; that said defendants ave had and
still have the possession, control and use
| OF said leases, coal interests and rights 50
granted. and there Is coal In saidlands: 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 ear, as agreed, there
became due to said plsintifs. Said Brown
having bought an eighth interest in said
contract and rents) on said contract, sums
as follows, to wit: July ], 1870, 5000 Octo-
Der 1. $50, S50j January ], lS7I. $50; April
y, 1871, $50; and July ], 1871, $50; that &C
cording 10 said agreement said defendants
made said first two payments OF 5000 and
$50 at or about the times due, but refused,
on r TeSue 5sj Ia PSy said a5 T 5Tsts5as Fb9 9lEtsT
contract did not require IL. by its construc-
ton; and therefore said plaintiffs, in three
separate causes Of action, claim anddemand
judgment against said defendants for said
last three instalments OF $3.50 each, amount
ing to S2.2p, with interest from times when
due.
BY the fourth cause Of action in said petit
| tiOn, the plaintiffs pray that said contract
be reformed and corrected, II Il bears the
| construction pretended by defendants, so as
70 embrace the true agreement which was,
in fact as alleged by plaintiffs above. and
when reformed. as made, agreed upon n
intended. then that plaintiffs nave judg-
ment for said $3.50, interest and costs.
BY the nfth cause Of notion, In said petit
ton. the plaintiffs aver thatdefendantshav
not said coal with diligence, normade
payments as agreed; hatplaintihsare enti-
tied 70 specific Performance OF said contract,
and 10 a vendors lien on said coal leases,
rights n interests in said lands 50 trans
ferred by them, for the satisfaction Of said
rents and payments 50 due as afoEesaidi n
plaintiffs pray that defendants be ordered
TO proceed and mine said coal with diligence,
as agreed, n q payments as agreed, or
in default, that said contract be rescinded,
and said leases n coal interests and prem
ises be re-trsnsferred and returned 70 plain
tins, or else that said coal right, interest,
| leases and privileges In said lands be sold 10
satisfy said amount n interest due plain
tihs; n they pray order Of attachment
| against defendants, mt such other and fur
ther orders, Judgment n relief as hall be
right, just n equitable.
An order OF attachment in said cause has
been obtained and issued against the said
/ nonresident defendants.
said defendants are notified to appear and
answer said petition by the ID day OF Sep
TENDER, A. D. ISL, or Judgment n order
against them viii be entered on their de-
fault, 3. F. HOFFMAN,
July 70, AID. ls5L-6t Atty for Plfs.