Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-07-26
NoTIoN o DEE FENDENl:ec.Y q

NOTICE Of THE TENDENCY Of
~ CIVIL ACTION and ATTACHMENT
1he State Of Ohio, S. In the Court 60 P' OF Com
5s1PISel CTiI SctioR iSSuHS foT Money in Aiiashment
Sfephen Doughton, Abraham X. Price,
Henry Hamilton, and Rich'd Brown, Plain
tins, against Chauney h Andrews, M5l1; M :.
HitchecslI, James Westerman, saml KIM kim,
berry, Peter W. Keller, Charles II. BUM, ana
VIM. J. McKinnie, defendants,
NOTICE-rhe above Defendants, anu IS
necfaily the said James Westerma1. san
Eimberly and Peter W. Kellar, who are resi-
dents OF the state Of Pennsylvania, residllg
m sharon, Mercer county, and Charles d
3uhl. who Is resident Of the state OF Michi-
an are hereby notified that said plaintiffs,
houFhton, Price, Hamilton, and Brown,
rave fled In said court fhe-r pei iltlon, eiles-
il-r IN substance that y consracl, uateg
erSri ACKNOWLEDGEMENTS By said Doughton, Price,
s-7d 9amflfou. and signed and sealed BY
said defendants. and delivered 70 SAID de-
ants of certain coal leases on laudE n Brook
deid. said Trumbull county, Ohio- one
froru Robert p. Hart one nom warren Bur
ton. and one from Robert ChEisty-all re-
ccrded In volume one, pages 80, 40 and 4le,
respsctively Of Trumbull county records o.
leases, thereby conveying @ said deiend-
ants, subject 70 all the condillonss 81 luia-
tions and obligations Of SAID leases. a. Ile
right. title and interest OF said Doughlons
Price and Hamilton theretn. and IN and g
All the coal, rights and privileges secured
thereby in said lands; that IN consloetatloh
OF said transfer and grants, the salu ueienu-
ant4 among other things, agreed 70 assume
and perform, and comply Win al the agree
menfs and obligations OF said granto salq
Doughton, Price and Hamilton, contained
in said leases, and 70 pay all the coal
-ents and tonnage due the original leSsofs,
frou time 70 time, and in addition thereto,
nav said. Price, Donghton and Hamilton
On The Hart ana Burton leases. and OF ten
cents per ton on the. Chrtsty lease, ever
and above the rents due The original -
sors therein; and also, IN daolti9l % tne
year, as stipulated in said leases, agreed 70
mine ont, or pay said DOughlon, Price and
Hamilton for not less than 500 worth OF
said payments OF 5000 per year 10 COM
nence 10 be paid July ]. lelO, and each year
Thereafter TO continue and be paid IN quar-
ter annual instalments OF so eaeni ans ana
they agreei 20 mine out saic coal Win dlll-
r-ence /: 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 have not mined said coal
with diligence, nor mined ont said quantity
as agreed, AID by reason Of failure % mine
ont SOW worth ss easn getl ss a5 1sfs ,S,; en-
having bought an eighth interest n SAID
contract and rents) on said contract, sums
as follows, to wit: July l. lss0, fS,go9i Octo,
Der 4. IS7O. $50; January l, lSsl, $50; April
]. ISL, $50; and July !, ISL $50; that ae-
cordinE to said agreement, said defendants
made said first two payments Of $500 and
$50 At or about the times due, but refused,
on request, g pay said remaining. quarter
annual instruments, on pretence Inat SAID
contract did not require Il. BY Us conslruc-
tion; and therefore said platntins, in three
separate causes Of action, claim and demand
Judgment against said defendants for said
last three instalments of $50 each, amount
ing TO s.. ~ with interest from times when
~ the 6,nrtn cause Of action In said peti-
tion. the plaintiffs pray that said contract
be reformed and corrected, II Il bears the
construction pretended by defendants. 50 as
TO embrace the true agreement, which was,
IN fact as alleged by plaintins above, and
when reformed, as made, agreed upon and
intended. then that plainftns nave ludg-
ment for said S2.250, interest and costs.
By the nfth cause or action. IN said pell-
tIon. the plaintiffs aver that defendants nave
not mined said coal with diligence. nor made
payments as agreed. that plaintiff rs are enti-
lied 10 specifc 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 80 due es aforesaidi and
plaintiffs pray that defendants be ordered
10 proceed and mine said coal with diligence,
rs agreed. and make payments as agreed, OF
in default, that said contract be resctnded,
and said leases and coal Interests and prem
fses be re-transferred and returned 70 plain
tins or else that said coal right, interest,
leases and privileges in said lands be sold TO
tALlclN h1AA4 aAAA0AAA aAAaA AAAA1AS FA1sA--
ti1s: and they pray order OF attachment
egainst defendants, and such other and fur
tker 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.
said defendants are noJined to Rppear and
answer said petition BY the ID day OF Sep
tember, A. b. 1S7l, or Judgment and order
against them viii be entered on their de
fsrft. b. +. HOFFMAN,,
July ls. AID. lsTI-st- Atty for Pins