Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-08-16
Hror1cr - THE pENDENCY ol

IN CIVIL ACTION and ATTACHMENT
The state OF Ohio. IS In the Court Of Com-
TF CITil actf SSp 5oF Money in A RG& nnsan
stephen Doughton, Abraham X. Price,
Henry Hamilton, and Rich'd Brown, Plain
tiffs, against Chauney II. Andrews, Vim. J.
Hitchcock, James Westerman, Sam1 KIM
berry, Peter w. Keller, Charles II. Bull, and
VIM. ]. McKinnie, defendants.
NOTICE-The above defendants, and es-
pecially the said James Westerman. Sam
dents Of theState Of Pennsylvania, residing
in Sharon, Mercer county, and Charles Rs
Bull, WHO'S a resident OF the state Of Miehi-
gan, are hereby notified that said plaintiffs,
Doughton, Price, Hamilton, and Brown,
nave filed in said c0urt their petition, alleg-
ing, in substance, that by contract, dated
December o, ls6S, duly executed, witnessed
and acknowledged by said Doughton, Price,
and Hamilton, and signed INT sealed by
said defendants, and delivered to said de-
~fendants transfer was made 10 said defend
ants Of certain coal leases on lands in Brook
field, said Trumbu1 county, Ohio-on
from Robert p. Hart, n from Warren Bur-
ton. and n from Robert Christy-an re-
corded in volume one, pages ais, 4l6 and as,
respectively, of 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 and privileges secured
thereby in said lands; that in consideration
of said transfer and grants, the said defend
ants, among other things, agreed 10 assume
and perform, and comply with all the agree
ments and obligations Of said rantors, 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 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; n also, in addition to the
amountsof coal 10 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 $500 per year 10 ON
mence to be paid July j, $50. and each year
thereafter to continue and be paid in quar-
ter annual instalments Of $3.50 each; and
they agreed to mine U saic coal with dill
renee; hat said defendants have had and
still have the possession, control and use
of said leases, coal interests and rights so
granted, and there is coalin said lands; that
said defendants have not 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 plaintiffs, (said Brown
having bought an eighth interest in said
contract and rents) on said contract, sums
as follows, TO wit: July l, 1870, 5000; Octo-
Der l, 1870. $50; January ], 1871, $50; April
l, 1871, $50; and July /, 1871, $50; that &C
cording TO said agreement, said defendants
made said first two payments Of 5000 and
$50 at-or about the times due, but refused,
on request, to pay said remaining quarter
annual 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
T last three instaiments Of $50 each, amount
ing to S2.251, with interest from times when
due
BY h 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 plaintids above, and
when reformed. as made, agreed upOn and
intended. then that plaintiffs ave judg-
ment for said 2250, interest and costs.
By the fifth of action, in said petit
ton, the plaintiffs NEUTRALITY-SUSPICIOUS. lave
not mined said coal with diligence, normade
tledt to specific performance Of said contract,
and TO q vendoris lien on said coal leases,
rights and interests in said lands so trans-
ferred by them, for the satisfaction OF said
rents nj payments 70 as aforesaid; and
plaintiffs pray hat defendants be ordered
toprocced and mine said local with diligence,
as agreed, and make payments as agreed. OF
in default, that said contract be rescinded,
and said leak IS and coal interests and prem
ises be re-transferred and returned to plain
tiffs, or else that said coal right, interest,
leases and privileges in said lands be sold TO
satisfy said amount u interest due plain
tiffs; and they pray order of attachment
against defendants, n 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.
Said defendants are notified to appear and
answer said petition by the I'd day Of Sep
TENDER, A. d. ISL, or judgment n order
against them will be entered on their de-
fault. B. +. HOFFMAN,,
July Is. A.D. lS7I.-st Atty for Pins,