Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-04-22
Legal Notice.
The State Of Ohio, Belmont County, s.,
BELMONT COMMON PLEAS.
John Wisener, plaintiff,

Mary Ann Hicks, John Conway, Sarah Z
Conway his wife, Lorenzo Mills, Martha A
Hicks and Harrison Hicks her husband
Ezekiel E Mills. Ida Vallrath and Frank
ValIrath her husband, defendants.
THE defendants, MSrtha NJ Hicks and
Il Harrison hicks her husband, Ida Val.
rath and Frank Valrath her husband, whe
are non residents of the sitate of Ohio, and
whose places of residence are unknown to this
plaintiff
VIII Take Notice that
John Wisener, the plaintiff, of the county OF
Belmont, did on the Sd day of March, A D
1880, Ale his amended petition Sin the above
entitled cause" in the Court of Common Pleas
of Belmont county, Ohio, 'leave of said Court
having been first obtained therefor" against
the defendants, Mary Ann Hicks, John Con-
way and Sarah Conway his wife. Lorenzo
Mills, Martha NJ Hicks and Harrison Hicks
her husband, Ezekiel Z Mills, Ida Vallrath
and Frank Vallrath her husband, therein al
leging, that, on the ilth day Of October A d
1878, the defendants above named, except
Ida Vallrath and Frank Vallrath her husband,
made and delivered TO him, their joint, sew
eral, promissory note, In writing, calling for
the loan Of $1,000, due In one year from the
date thereof; that 10 secure the payment
of said note, the above named defendants,
Mary Ann Hicks, John Conway and Sarah e
Conway his wife, Lorenzo Mills, Martha NJ
Hicks and Harrison Hicks her husband, and
Ezekiel Il Mills. on the 18th day of
November A ID 1870, executed and delivered
TO him (plalntiG) their mortgage deed, on
divers parcels OF land-belng tour dliferen.
tracts, aggregatlng 81 acres, . roods and 0
perches, "all described In said mortgage" us
being In section No. IL, township No. 3, OF
range No. o, In Belmont county, Ohio, which
lands are more particularly described In said
amended petition. ALSO alleging that In the
description OF the second tract OF said land,
known as being lei acres, aud described as
being In section Mol township No, and
range q, there was a mistake made by the
craftsman, who prepared said mortgage deed,
In this, TO wit, fha, said second tract, or 1874
acres OF land, ls described In said mortgage
deed ~ being In section No, IL, township No.
:, OF range No, 0, while ln truth and In fact
said land is In section No. Gfteen, township
No. 9, and OF range No. O. and further alleg
ing that II waL tho true Intention OF said
mortgage correctly described ~ being In sec
tlon No, 10, aud believed that II was 80 do.
sorbed, alleging further that not until the
commencement OF this cause was 10 discover
ed that said mistake In sald description OF
said land existed, and praying the Court in
order TO give full effect and TO carry out the
true intention Of all parties to said mortgage,
and In furtheranco OF justice, TO order and
decree that said mortgage be reformed 30 as
TO conform TO the truth, and intention OF the
parties thereto, and that such order be made
as will show said mortgage 20 DO valid sub
sstlng lien on said land In section No 10, as
II frat and formerly 20 desorlbed and that
such further affirmative relief be granted him,
Bs prayed for In hls original petition, aud "a
may be necessary In the premises, and ne he
may be entitled TO under the provisions OF the
statute In such cases made and provided; and
Tho said Martha NJ Hicks and Harrison Hicks
her husband, Ida Vallrath and Frank Vallrath
her husband, who claim some interest In said
and, are notified that they are required 10 |
appear and answer said petition on or before |
he ist day Of May, A d 1880.
s. l.. JAMES,
Atty for plaintiff.
3.1t 0w.