Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-04-08
WE CAN'T BE UNDERSOLD
Legal Notice.
The State Of Ohio, Belnout County, ss,
BELMONT COMMON PLEAS.


John Wisener. plaintiff,
. vs.
Mary Ann HicRs, John Conway. Sarah +
Gonway his wife, Lorenzo Mills, Martha
Hicks and Harrison Hicks her husband
Ezekiel Mills. Ida Vallrath and Frank
Faiiraih her husband, defendants.
ME defendants, Martha NJ Hicks and
\ harrison hicks her husband, Ida VAL
rath and Frank Valrath her husband. who
are non residents OF the Slate Of Ohio. and
whose places OF residence are unknown b. this
Will Take Notice that
John Wisener, the plaintiff, of the county Of
Belmont, did on the I'd day Of Ma ch, 4 ID
1851, ME llsamended petition, in the above
entitied cause" in the Court of Common Pleas
OF Belmont county, Ohio, ''leave Of said Court
having been hrst obtained therefor" against
ne defendants, Mary Ann Hicks, John Con-
.M ana sarah Conway his wife. L0tenzo
Mills, Martha NJ Hicks and Harrison Hieks
her husband, Ezekiel K Mills, Ida ValIrath
and Frank Vallrarh her husband. therein al.
leg ag, that, ON the ilth dsy Of October A ID
,Sie, tue defendants above named, except
ida Nallrath and FrHnk Valrath her husband.
IN de and delivered to HIM, their ioini. sew.
eial, prumissOry note, In writing. calling for
he loan 1T $1,000, due in one year fron,ithe
date thereof; that TO secure The pavment
of said note, the above named defendants.
Mary Ann Hicks, John Conway and Sarab
Conway his wife, Lorenzo Mills, Martha NJ
Hicks and Harrison Hicks her husband. and
Ezekiel E Mills, on the 18th day Of
November A 1879, executed and delivered
10 MN (plaintiH) their mortgage deed, on
divers parcels Of land-being four different
ltTActS apUrpOafin1 az aorac o - n
perches, ''ali described in said mortgage. as
being 10 section No. IA, township No. 8. 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. g ana
range D, there was a mistake made by the
craftsman, who prepared said mortgage deed.
in this, to wit: That said second tract or l2j
acres OF land, is described IN said mortgage
deed as being in section No IL township No.
u, OF range No. 6, while in truth and in fact
sad land is in section No. fifteen, township
NO. ., and OF range No 8; and further alleg.
ing that It was the true intention of said
mortgagors, who in good faith executed said
mortgage, correctly described as being i1 Sec
ton No. Is, and believed that it 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 10 give full effect and to carry ont the
true intention of all parties to said mortgage,
and In furtherance of justice, to order and
decree that said mortgage be re- formed so as
TO conform to the truth, and intention of the
parties thereto, and that such order be made
IS will show said mortgage to be valid sub
,isting lien On said land in section No. Is. as
If first and formerly 90 described; and that
n further affirmative relief be granted him.
rs prayed for in his original retition. 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.