Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-08-23

I NOTICE Of THE TENDENCY OF
IN CIVIL ACTION and ATTACHMENT
The stetS @ q 0hio, IS. In the Cont p1 OF Com
iQ fS 3Si stSo 1a f1f Money in kttnebment S4 61se
Stephen, Ooughton, Abraham X. Price,
Henry Hamilton. and Rich'd Brown. Plain
tifs, against Chauncy 81. Andrews, VIM. J.
Hitchcock, James Westerman, Saml kim
berry, Peter W. Keller, Charles Il. Buhl, and
VIM ]. McKinnte, defendants.
N0TICE-The above defendants, and es-
pecially the said James Westerman. Sam
Kimberly and Peter w. Kellar, who are resi-
dents Of hesitate Of Pennsylvania, residing
in Sharon, Mercer county, and Charles h;
Buhl, who is q resident Of the State Of Michi-
gan, are hereby notified that said plaintiffs,
Doughton, Price, Hamilton, and Brown,
have filed In said court their petition, alleg-
ing, in substance, that by contract, dated
December Is, 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 coal leases on lands in Brook
field, said Trumbuu county. Ohio one
from Robert p. Hart, one from Warren Bur
ton, and one from Robert Christy-all re-
corded in volume one, pages as, ZIG and 4lS,
respectively, OF Trumbull county records Of
leases, thereby conveying to said defend
ants, subject 70 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 70
all the coal, rights and privileges secured
thereby in said lands; that in consideration
Of said transfer and grants, the said defend
ants, among other things, agreed 70 assume
and perform, and comply with all the agree
mems and obligations Of said grantors, said
Doughten, Price and Hamilton, contained
In said leases, and 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 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 above the rents due the original les
sors therein; and also, in addition 10 the
year, as stipulated in said leases, agreed to
mine ont, 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 10 COM
mence 70 be paid July ], $50, and each year
thereafter 70 continue and be paid in1Quar-
they agreed % 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, and there is coal in said lands- that
said defendants nave lot mined said coal
with diligence, nor mined ont said Quantity
as agreed, and by reason OF failure TO mine
out 5000 worth each year, as agreed, there
became due to said plaintifs, said Brown
having bought an eighth interest in said
contract and rentsl on said contract, sums
Der /. lS70. $50; January l, 1871, $50; April
l. ISL, $50; and July l, lS7l, $50; that ae-
cording to said agreement, said defendants
made said frst tWO payments Of 5000 and
$50 at or about ne times due, but refused,
on request, to pay said remaining quarter
anniiRl instruments, on pretence that said
contract did not require II. by its construc-
ton; and therefore said plaintiffs, in three
separate causes Of action, claim and demand
judgment against said defendants for said
last three instalments OF $3.50 each, amount
ing 20 S2,25u, with interest from times when
due. - - - s- ft-TE
Blythe fourth cause Of action in said petit
tion, the plaintiffs pray that said contract
be reformed and corrected, If It bears the
construction pretended by defendants, so as
to embrace the true agreement, which was,
in fact as alleged by plRtnttfts above, and
when reformed. as made, agreed upon and
intended, then that plaintifs have judg-
ment for said s., go, interest and costs.
By the nth cause of action, in said petit
ton, the plaintiffs aver that defendants have
notmined said coal with diligence, nor made
payments as agreed; that plaintiffs are enti-
tied to specific performance Of said contract,
and to a vendors lien on said coal leases,
rights and interests In said lands so trans
ferred by them, for the satisfaction Of said
rents and payments SO due as aforesaid; and
plaintiffs pray that defendants be ordered
70 proceed and mine said coal with d diligence,
as agreed, and make payments as agreed. or
in default, that said contract be rescinded,
and said leases and coal interests and prem
ises be re-transferred aud returned TO plain
tifis, or else that said coal right, Interest,
leases and privileges In said lands be sold TO
a-lAA-r oalA aAAOAAN pAoAA4-
Effs; and they pray order of attachment
against defendants, and such other and fur
ther 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
non-resident defendants.
said defendants are notified to appear and
answer said petition by the I'd day Of Sep
tember, A. D. lS7l, or Judgment and order
against them will be entered on their de-
fault. B. r. HOFFMAN,
July 19, AID. 1s71.-st Atty for Plhs