The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-12-12
miscellaneous.
MT. UNION COLLEGE CASE,
A CLEAR AND CONDENSED STATE
MENT OF IT'S RECENT DIF-
FICULTY.
JuawS Meyer Reviews the Facts and Delivers HIS
DecisiOn--An AlluslOn or SO TO Doctor
HartshOrn's Methods.

Much interest has been taken in the re-
cent difficulties that have surrounded Mt
Union College, and we publish herewith
the full summing up of the facts in the
case. as made by Judge Meyer, and hi
decision. No better presentation of the
case could be made, and it Is given in ful
As follows:
Elisha Teeters vs.. Henry G, Brainard ei
al. Civil action. Opinion Of the court
it's findings and decree.
This is case Of manifold issues be-
tween at least four distinct parties, an
tagonistical each to the other the claims
and interest of each, or each set of them
being in direct conflict, more or less 30
with the respective claims and interests
ofall the others.
The plaintiff, Elisha TeeterS, brings
the action to foreclose mortgage execu'
ted by the defendant, Henry G. Brainard
and his wife, to him, said Teeters, and to
the Ohio National Bank Of Cleveland, o.,
and John McClymonds, defendants, bear
ing date on the 18th day of September,
1873, and duly recorded, conveying to
them a certain property situated in the
incorporated village Of Alliance, Stark
county, o., known as the "Alliance Col.
lege and Alliance College Grounds" !"
which is conditioned to secure the pay
ment of the several promissory notes
next to be mentioned, that is to say;
Five several promissory notes payable
to said Teeters; all dated on said 18th
day Of September, 1878, and made and
delivered to him by said Henry G. Brai.
nard, for the respective amounts and
payable respectively at the times follow
ing, to wit;
1. One for $500, payable one year af.
ter date, with interest at the rate OF eight
per cent;
.. One for $2,625, payable one year
after date, with interest at the rate Of
eight per cent;
8. One for So, ,125, payable two years
after date, with interest at the rate of
eight per cent. per annum, payable an
nually.
4. Another for S3,125, payable three
years after date, with interest at the rate
Of eight per cont. per annum, payable an
nually.
5. And another for $3125 payable
four years after date, with interest at the
rate of eight per cent. per annum, paya-
BILE annually.
Eight several promissory notes paya.
bic to said Ohio National Bank all dated
on said 18th day ofSeptember, 1873, and
made and delivered to it by said Henry
G. Brainard, being for the representative
amounts and payable at the respective
times following, to wit:
-Four notes each for So, 3,668.60, payable
respectively in one, two, three and four
years after date, with interest at the rate
of eight per cent per annum, payable
annually, and
Four notes each Tor $26l. 81, payable re-
Bpectively in one, two, three and four
yvsIu afIer cato, with INTEREST az the rate |
OF eight per cent, per annum, payable an |
nuslly.
Four notes payable to said Nicely
monds, all dated on said 18th day
Of September, 1873, and made and de-
livered to him by said Brainard, being
each for the sum of $l,070, and payable,
respectively, in one, two, three and four
years after date, with interest at the rate
of eight per cent. per annum, payable an.
nually.
All ofthese notes we're given to secure
the purchase money for the premises so
mortgaged, which were on the same day
sold and conveyed by said Teeters, who
held the fee simple title to the same, to
said Henry C. Brainard for $32 500, be.
ing the aggregate amount Of said notes
the notes to said Ohio National Bank
and said MCClymonds being made paya- {
bic to them, because they claimed an in I
terest in said preuiaes, which was adj
mitted by said Teeters,
In his petition Teelers claims that all
OF his aforesaid notes except the two
falling last due, have been paid; also, /
that all of the notes 80 payable to said
Ohio National Bank have been paid, ex. +
Ce2t the two of SO 66S SO each, falling last +
due, and the note of 1852 81 falling last +
due; and also that all of the notes 80 pay
able to said McClymonds have been !
paid, except the note falling last due g
and he prays said mortgaged property be a
sold to satisfy the unpaid notes, with the a
interest which has accrued theron, and
he claims that on the distribution of the
RVails of the said premises, his claim is j
entitled to priority over the claims of !
said Ohio National Bank and Nicely u
moRds and to be first paid in full, in case y
the sum realized should be insufficient .
to satisfy all the claims; because, he says, 2
that he holds vendors lien on said pre-. u
misses for the purchase money u
by an interloCutory decree heretofore y
the court has ordered the pre-
mises to be sold, and directed the pur- q
chase money to be brought into court, to ?
be applied and distributed az the court 2
now on the fnal'hearing may order and u
decree. v
The Ohio National Bank and Nicely -
monds in their respective answers ad. =
init the payment Of the notes so claimed r.
to be paid but aver that the others are q,
due and unpaid, with the interest accru- h.
ed thereon, and also ask the sale of said y, ~
premises to satisfy the same. They de- n
ny, however, that said Teeters's claim is -,
entitled to priority over their claims p,
and claim that they are entitled TO an n,
'qnal, pro rata distribution of the pro a.
,eeds. %
This then raises the issue between y y
these respective mortgages. 4, 4,
Now the defendants, Lewis Miller, Cor m
1el!us Aultman, Jacob Miller, and o. N &C
aartshorn, by their joint answer, deny W
hat the notes 80 claimed to have been a,
paid, were in fact paid. They claim, on Ii
he contrary, that said notes are still un, nj
Daid, and that the said Millers, Aultman d,
md Hartshorn'for a valuable Considera. h.
ion became, and still are, the legal own oil
'rs and holders of said notes; and they nj
lain 70 hold prior lien on said premi m
es ior the payment Of said notes, and ne