Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-08-02
NOTICE of THE TENDENCY of

/ NOTICE of THE TENDENCY OF
~ CIVIL ACTION and ATTACHMENT
Inc state state OF Ohio, IS. In the Court OF Com
Pa1 CiT ACTION iSSuRdy foT Money in m9n PIe
stephen Doughton, Abraham X. Price,
t Henry Hamilton, and Rich'd Brown. Plain
/ tliis, against Chauncy h Andrews, VIM. ].
Hitchcock, James Westerman, Saml KIM
berry. Peter W. Keller, Charles H. Bull, and
/ Wm. J. McKinnie defendants.
NOTICE.-The above defendants and es-
pecially the said James Westerman. Sam
Kimberly and Peter w. kellar, who are resi-
dents OF theState OF Pennsylvania, residing
in Sharon, Mercer county, and Charles II
Bull, who is a resident OF the state of Michi-
gan, are hereby notified that said plaintiffs,
DOughtOn, Price, Hamilton, and Brown,
have flied in said court their petition, aIleg-
ing, in substance, that by contract, dated
December ., 1865, duly executed, witnessed
and acknowledged by said DOughton, Price,
and Hamilton, and signed and sealed by
said defendants, and delivered 10 said de-
iendants, transfer was made 10 said defend-
ants OF certain coal leases on lands in Brook
field, said Trumbul county, Ohio one
from Robert p. Hart, one from Warren Bur-
ton, and one from Robert Christy-ali re-
respectively, Of Trumbull county records OF
leases, thereby conveying 10 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 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, 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 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 or 5000 per year 10 COM
mence 10 be paid July ], $50. and each year
thereafter 20 continue and be paid in quar-
ter annual instalmeuts 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, and there is 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 s. 900 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 !, ls7O, 5000; OctO-
Der !. 1870. $50; January ], 1871, $50; April |
/. 1871, $50; and July !, 1871, $50; that ac-
eording 10 said agreement, said defendants /
made said first two payments OF s. 600 and |
$50 at or about the times due, but refused,
on request, to pay said remaining quarter
Rnnnal instruments, on pretence that said
contract did not require ii, by its eonstruc-
ton; and therefore said plaintiffs, in three
causes OF action, claim and demand !
judgment against said defendants for said
last three instalments OF $50 each, amount
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 ]
pretended bv defendants so as
TO embrace the true agreement, which was, !
in fact as alleged by plaintiffs above. and
when reformed, as made, agreed upon and
intended. then that plaintiffs have lndg-
ment for said S2,250, interest and costs.
By the fifth cause Of action, in said petit |
tion. the plaintiffs aver that defendants have /
not mined said coal with diligence. nor made |
payments as agreed; atplaintiffs are enti- !
tied TO specific performance Of said contract /
and TO q vendors lien on said coal leases, /
rights and interests in said lands so trans
rents and payments so due as Aforesaid; ; and /
plaintiffs pray that defendants be ordered \
10 proceed and mine said coal with diligence.
rs agreed. and make payments as agreed, or /
In default, that said. contract be rescinded, I
and said leases and coal interests and prem
ses be re-transferred and returned 10 plain
ills, nr else that said coal right, interest,
eases and privileges in said lands be sold to
satisfy said amount and interest due plain
Iifis; and they pray order Of attachment
lgainst defendants, and such other and fur
her orders, judgment and relief as shall be
light, just and equitable.
An order OF attachment in said cause has
been obtained and issued against the said
defendants.
said defendants are notified TO appear and
answer said petition by the ID Day Of Sep
ember, A. d. lSIi, or Judgment and order
igainst them Will be entered on their de-
aulL B. r. HOFFMAN,
Jnly I9. A.D- ls7L-6t Atty for Plfs.
Il TITLE MEN. u. u
il life OF PluIafeld. with JOS Boys. By
Louisa NJ. Alcott, anthor Of Little Women,r
An Old-Fashioned Girl" With illustra-
ions One volame, Uniform with her pre-
-ious books. Price 81 80. Professor Bhaer'
having opened a private school al Plumfield,
Aunt -Jo,' who, when girl was half boy
herself, is now in her element witlIa bakers
iOzen of boys around her. l.
This book introduces most of the charac-
ers in Little Women as actors in difier-
ant FocatiOns OF life; will be thought by the
HraHa V.rrTr civ Ffaa