Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-03-25
Legal Notice.
The State Of Ohio, Belmont County, IS:
BELMONT COMMON PLEAS.
John Wisener, plaintiff,

Jonn Wlsener, pialntlH,
Mary Ann Hicks, John Conway, Sarah /
Conway his wife, Lorenzo Mills, Martha A
Hicks and Harrison Hicks her husband
Ezekiel E Mills. Ida Vallrath and FranE
Valirath her husband, defendants.
lTHE defendants, Martha M Hicks ant
Il Harrison Hicks her husband, Ida Val
rath and Frank Valrath her husband, Wht
are non residents of the State of Ohio. aud
whose places of residence are unknown to this
plaintiff 80
-.,, 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
1873, 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 $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 E
Conway his wife, Lorenzo Mills, Martha M
Hicks and Harrison Hicks her husband. and
Ezekiel Z Mills, on the 18th day of
November A ID 1879, executed and delivered
to hin (plaintiff) their mortgage deed, on
divers parcels of land-being four different
tracts, aggregating 81 acres, roods and 9
perches, ''all described in said mortgage, as
being in section No. II, township No. 8, of
range No. 8, 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 12s acres, and described as
being in section No. IA, township No. 8 and
range .. there was mistake made by the |
craftsman, who prepared said mortgage deed, |
in this, to wit: That said second tract, OF f25 |
acres of land, is described in said mortgage
deed as being in section No. IA, township No. |
:, OF range No. 9, while in truth and in fact |
said land is in section No. fifteen, township
No, 9, and of range No. 8; and further alleg.
ing that was the true intention of said /
nortgagors, who in good faith executed said
correctly described as being in Sec
ion No. Is, and believed that il was so de-
'cribed; alleging further that not until the
Of this cause was it discover
ID that said mistake in said description of
aid land existed, and praying the Court in
)rder to give full effect and TO carry out the
rue intention Of all parties to said mortgage.
md in furtherance OF justice, to order and1l
iecree that said mortgage be re formed 80 as
o conform to the truth, and intention of the
,arties thereto, and that such order be made
8 will show said mortgage to be valid sub
isting lien on said land in section No, IS, as