Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-04-15

The State Of 0Aio, Belmont County, 50,
BxLxoNr COMMON PtxAs
John wisener, plaintiff,

John Wisener, plaintiff,
Mary Ann Hicfs, John Conway, Sarah z
conway his wife, Lorenzo Mills, Martha A
Hicks and Harrison Hicks her husband.
Ezekiel L Mills. Ida Vallrath and Frank
Nalirath her husband, defendants
NHE defendants, Martha NJ Hicks and
Il Harrison hicks her husband, Ida VAL
rsth and Frank Valrath her husband. wha
are non residents OF the State Of Ohio, and
whose places Of residence are unknown to this
plaintiff
wIu Take Notice that
John Wiseuer, the plaintiff, of the county Of
Belmont, did on the Sd day OF March. 4 ID
1880, hle his amended petition sin the above
entitled cause" in the Court of Common Pleas
OF Belmont county, Ohio, 'sleave Of said Court
having been first obtained therefor, I" against
the defendants, Mary Ann Hicks, John Con-
way and Sarah Z Conway his wife, Lorenzo
Mills, Martha NJ Hicks and Harrison Hicks
her husband, Ezekiel E Mills, Ida YalRath
and Frank Vallrath her husband, therein al
iegIng, that, on the ilth day of October AID
lSto, the defendants above named, except
Ida Vallratn and Frank Vallrath her husband,
made and delivered to him, their joint, sew
erai, promissory note, in writing, calling for
the loan of $1,000, due in one wear from The
date thereof; that to secure the payuent
OF said note, the above named defendants.
Mary Ann Hicks, John Conway and Sarah
conway his wife, Lorenzo Mills, Martha M
hicks and Harrison Hicks her husband, and
Ezekiel L Mills, on the 18th day of
November ID 1873, executed and delivered
TO hin (plaintif) their mortgage deed; on
divers parcels OF hnd-being tour different
tracts, aggregating 81 acres. & roods and
perches, '.all described In said mortpace : as
being in section No. IA, township No. 5. of
range Nose, 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 l2s acres, and described as
being in section No. ID, township No. s and
range U. there was a mistake made BY the
craftsman, who prepared said mortgagedeed,
IN TINS, to wit: That said second tract, or I23
acres of land, IS described in said mortgage
deed as being 10 section No II, township No.
3, OF range No. 6, while in truth and in fact
said land is in section No. fifteen, -towushin
No. 8, and Of range No. 6; aad further alleg.
ing that it was the true intention of said
mortgagors, who in good faith executed said
mortgage, correctly described as being in sec
ton NO. 10, and believed that il was soCe-
scrloed; alleging further that not, until the
OF this cause was il discover
ed that said mistake in said description of
said land existed, and praying the Court in
order 10 give full effect and to carry out the
true intention Of all parties to said mortgage,
ana IN furtherance of justice, to order and
decree that said mortgage be re formed so as
TO cuntorm 10 the truth. and intention of the
p rites thereto. and that such order se made
as Will show said mosigage TO be valid sub
is,iug lien D. said land in section No IS. as
it first and formerly so described; and that
uch further affi' native relief be grantea;him.
rs prayed for in his original Ietition. and as
may be necessary in .the premises, and as he
may be entitled TO under the provisions Of the
statute in such clses made and provfs!cd: and
the said Martha VI Hicks and Harrison Hicks
her husband, Ida Vallrath and Frank Vallrath
her husband, who claim some interest in said
land, are notified that they are required to
appear and answer said petition on or before
The 1st day of May, A D 1SS0..,- ; f..-f
S. L. JAMES,
s.f.... 4..,r5 Atty for plaintiff.