The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-26
VOL. NO IS.
J. L. BOARDMAI
LEGAL NOTICE.

The City of Cincinnati Plaintiff, vs.. The Hills
borough and Cincinnati Rail Road Company
ct di., Defendants. No. 81: District Court
of the State Of Ohio in and for Highland
County.
The defendants Thomas Whttredge and
John DOnncll Smith, residents of the City of
Baltimore and State Of Maryland, and mort
gagees and trustees under an instrument of
date June /, A. ID. 1870 and known as the
Marietta and Cincinnati THIRD mortgage. and
the defendants William Keyser and Robert
Garrett residents of the City of Baltimore
and State Of Maryland. and mortgages and
trustees under the instrument of date April l.
A. D. 1878, and known as the Marietta and
Cincinnati FOURTH mortgage, are hereby nOt-
fled that the above entitled action is now pend
ing, wherein the plaintiff, as a Judgment cred
.itOr, ON November s, A. ID. 1873, fled its GER
tain petition against the HillsbOrough and
CiucinnnH r. r. Co., VIM. Butler Duncan
mortgage and trustee for H. & G. bondhold-
ers Richard w. Keys, The Marietta and Gin
cinnati r. r. Co., The Marietta and Cincin-
natl Rail Road Co. as reorganized, and The Bal
timOre and Ohio r. II. Co. as defendants, and
alleging that plaintiff had recovered two GER
tain money judgments against The Hisbor-
ough and Cincinnati r.. r. Co. I'M the Superior
Court of Cincinnati; the one, No. 25,SS4, at its
June term, A. ID. 1871, for One Hundred and
Thirty Thousand, Five Hundred and Fiftv-
eight (a13O, ,jjS.OOJ Dollars; the other No Z3-
3Z5, at its March term, A. D. 1873. for Ilir-
teen Thousand, -Four Hundred and Thirty
eight (Sl3, 43SO0) 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
LOyeland, in the county of Clermont i'm 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 Hillsbor-
uugh, and known rs in-lots No. 13J and 1873.
and the east half of out-lot No. TO- 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. prornis-
sorry notes and certain securities and other
property belonging or owing to The Hillsbor-
ough and Cincinnati X. 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 Donnell Smith, VIM Kevser
add Robert Garrett be made defendants to
said action; that by lease of Court, plaintiff, on
October 4, A. d. 1881 filed an amendment to
its petition alleging that said Smith, Madeira
Whittredge, Smith, Beyser and Garrett re-
spectively, as mortgages and trustees under
the four several mortgages known as the first
second, third and fourth NJ and C. MORTGAGE
claimed some interest in said real and per
sonal estate but in fact had no in
terest or estate therein, and plaintiff
prayed that the said zeal estate and otrer
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.
X. Co., The Baltimore and Ohio Railroad Com
p9ny, VIM. Butler Duncan, trustee, &c, and
The Marietta and Cincinnati Railroad Com
pany as reOrganized, on or before Saturday.
August y, A. d. 1882, as by the Statute in such
case made and provided, or Judgment win be
taken against them as in default
THE CITY OF CINCINNATI
BY VIM. DISNEY, its Atty
Hilsborough, june 49, l8S2-jul5w7