The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-12
LEGAL NOTICE.

The City Of Cincinnati, Plaintiff VS.. The Hills
borough and Cincinnati Rail Road Company
et dL, Defendants. No. 81 District Court
of the State of Ohio in and for Highland
County.
The defendants. Thomas Whittredge and
John Donnell Smith, residents of the City Of
Baltimore and State Of Maryland and mort
gagees and trustees under an instrument Of
date June I, A. ID. 1870, and known as the
Marietta and Cincinnati THIRD mortgage, and
the defendants William Keyser and Robert
Garrett residents of the Citv of Baltimore
and State Of Maryland, and mortgages and
trustees under the instrument of date April l.
A. d. 1873, and known as the Marietta and
Cincinnati FOURTH mortgage, are hereby nOt-
fed that the above entitled action is now pend
ing wherein the plaintiff, as a judgment cred
itOr on November 8, A. D. 1873, filed its GER
tain petition against the HillshorOugh and
Cincinnnti r.. r. Co., VIM. Butler Duncan,
mortgage and trustee for II. d G. bondhold-
ers; Richard w. Keys, The Marietta and Gin
cinuati r. R. Co. The Marietta and Cincn-
natl Rail Road Co. as reorganized and The Bal
timore and Ohio r. r.. Co. as defendants and
alleging that plaintiff had recovered two GER
tain money judgments against The Hillsbor-
ough and Cincinnati r.. r. Co. in the Superior
Court of Cincinnati the one, No. q, 1884, at its
June term, A. d. 1871, for One Hundred and
Thirty Thousand, Five Hundred and Fifty
eight (5130, ,559.00) Dollars; the other, No. 28,-
325, at its March term, A. ID. 1873 for Thir-
teen Thousand, Four Hundred and Thirty
eight (SI3 4390O) dollars; that under certain
executions issued on said judgments levies
were made on the Rail Road of the Hillsbor-
ough and Cincinnati r. r. Co., extending from
Loveland, in the county Of Clermont in Ohio,
to the town of HillsborOugh, in the county Of
Highland, in Ohio, and also three other parcels
of real estate situate in said town Of HilsbOr-
ough, and known as in-lots No. 130 and 1873,
and the east half of 0ut-lot No. 10. And also
alleging that the Marietta and Cincinnati
Rail Road Company, The Baltimore and Ohio
r. r. Co.. and The Marietta and Cincinnati r.
r. Co., as reorganized, severally had monies,
goods effects, stocks, bonds drafts, promis-
sorry notes and certain securities and other
property belonging or owing to The Hilsbor-
Ough and Cincinnati r. r. Co., all Of which
outstanding assets, as well as said Rail Road
real estate, plaintiff prayed might be sold and
subjected to the payment Of plaintiff judg-
ments aforesaid.
That afterwards, at the September term, A.
d. 1880, Of said District Court, it was ordered
that Orland Smith, John d. Madeira, Thomas
Whittredge, John Donnel Smith, VIM. Keyser
add Robert Garrett be made defendants to
said action; that by lease Of Court, plaintiff, on
October f. A. D.. 1881 fled an amendment to
its petition alleging that said Smith, Madeira,
Whittredge, Smith, Keyser and Garrett, re-
spectively as mortgages and trustees under
the four several mortgages known as the first,
second, third and fourth NJ. aid @. mortgages
claimed some interest in said real and per-
sonal estate, but in fact had no in
terest or estate therein, and plaintif
prayed that the said real estate and other
property be sold free and clear of said mort
gage claims and for general relief.
The said defendants are notified to answer
the petition and amendment thereto and the
several answers and cross petitions of Richard
W. KEYS, The Hillsborough and Cincinnati r.
r. Co., The Baltimore and Ohio Railroad Com
pany VIM. Butler Duncan, trustee, &C., and
The Marietta and Cincinnati Railroad Com
pany as reorganized, on or before Saturday,
August u, A. d. 1882 as by the Statute in such
case made and provided, or judgment will be
taken against them in default
THE CITY OF CINCINNATI
BY WM DISNEY, its Atty
Hilsborough, June IS, l882-ju15w7