Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-03-18
Legal Notice.
The State Of Ohio, Belmont County, IS:
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 Z Mills. Ida Vallrath and Frank
Vallrath her husband, defendants.
ITHE defendants, Martha NJ Hicks and
Il Harrison Hicks her husband, Ida Val
rath and Frank Valrath her husband, who
are non residents of the State of Ohio, and
whose places of residence are unknown to this
plaintiff
Will Take Notice that
John Wisener, the plaintiff, of the county of
Belmont, did on the Sd day Of March, A D
1880, file 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 E Conway his wife. Lorenzo
Mills, Martha NJ Hicks and Harrison Hicks
her husband, Ezekiel E Mills, Ida Vallrath
and Frank Vallrath her husband, therein al
leging, that, on the 11th day of October A D
1878, the defendants above named, except
Ida Vsllrath and Frank Vallrath her husband,
made and delivered to him, their joint, sew
eral, promissory note, in writing, calling for
the loan of $4,000, due in one year from the
date thereof; that to secure the payment
of said note, the above named defendants,
Mary Ann Hicks, John Conway and Sarah Z
Conway his wife, Lorenzo Mills, Martha NJ
Hicks and Harrison Hicks her husband, and
Ezekiel Mills, on the 18th day of
November A D 1879, executed and delivered
to him (plaintiff) their mortgage deed, on
divers parcels of land-being tour different
tracts, aggregating 81 acres, 8 roOds and
perches, ''all described in said mortgage" as
being in section No. IA, township No. s, of
range No. 9, 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 l24 acres, and described as
being in section No. IA, township No. and
range 3, there was mistake made by the
craftsman, who prepared said mortgage deed,
in this, to wit: That said second tract, or 123
acres of land, is described in said mortgage
deed as being in section No. IA, township No
s, of range No. 6, while in truth and in fact
said land is in section No. fifteen, township
No. 8, and of range No. 6; and 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 so de
scribed; alleging further that not until the
commencement of this cause was it discover
ed that said mistake in said 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 furtherance of justice, to order and
decree that said mortgage be reformed so as
to conform to the truth, and intention of the
parties thereto, and that such order be made
as will show said mortgage to be valid sub
sisting lien Oh said land in section No. Is, as
if first and formerly so described; and that
such further affirmative relief be granted him,
as prayed for in his original petition, and as
may be necessary in the premises, and as he
may be entitled TO under the provisions of the
statute in such cases made and provided; and
the said Martha NJ 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 1880.
S. L. JAMES,
Atty for plaintiff.
3-11 CIV.