The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-19
LEGAL NOTICE.

The CITY of Cincinnati, Plaintiff, vs. The Hills
borough and Cincinnati Rail Road Company
ef aL. Defendants. No. b2: District Court
of the State of Ohio i'm and for Highland
County.
The defendants. Thomas Whittredge and
John Donne1 Smith, residents of the City OF
Baltimore and State of Maryland, and mort
pagees and trustees undor an instrument of
date June l. A. n. 1870 aud known Hs the
Marietta and Cincinnati THIRD mortgage and
the defendants William key7Cr and Robert
Garrett residents of the City of Baltimore
and State Of Maryland, and mortgages and
trustees under the instrument OF date April J.,
A. ID. 1873, and known as the Marietta and
Cincinnati FOURTH mortgage, are hereby nOti-
fed that the above entitled action is now pend
ing, wherein the plaintiff, as % Judgment cred
itOr, on November 8, A. ID. 1873, filed it's GER
tain petition against the Hillsborough and
Cincinnuti r. h. Co., VIM. Butler duncan,
mortgage and trustee FOR ". a o. bOudhOld-
ers: Richard W. Keys, The Marietta and Gin
ciunati r. r. Co., The Marietta and Cincin-
natl Rail Road Go. as reorganized, and The Bal
timOre and Ohio X. II. Co. as defendants, and
alleging that plaintiff had recovered two GER
tain money judgments against The Hillsbor-
ough and Cincinnati r. II. Co. in the Superior
Court Of Cincinnati; the one No %, S84 at its
June term, A. d, 1871, for One Hundred and
Thirty Thousand, Five Hundred and Fifty
eight (513O, ,558.O0) Dollars; the other, No. q,
1926, at its March term, A. ID. 1873, for mir
teen Thousand, -Four Hundred and Thirty
eight (919, 00) dollars; that under certain
executions issued on said judgments levies
were made on the Rail Road of the Hillsbor-
Ough and Cincinnati Il. p. Co., extending from
Loveand 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 HillsbOU-
Ough, and known as in-lots No. 100 and 1873,
and the east half of out-lot No. 10. And also
oil Nauk oVnI .nTH,s sa.Af
Rail Road Company, The Baltimore and Ohio
r. r. Co.. and The Marietta and Cincinnati R.
r. Co., as reorgRnized, severally had monies,
goods, effects, stocks, bonds drafts, promis-
sorry notes and certain securities and other
property belonging or owing to The HillsbOr-
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. Keyser
add Robert Garrett be made defendants to
said action; that by lease of Court, plaintiff, ON
October 4, A. d. 1881, fled an amendment to
its petition alleging that said Smith, Madeira,
Whittredge, Smith, keysor and Garrett, re-
spectively, as mortgages and trustees under
the four several mortgages known as the first,
second, third and fourth M. and g. mortgages
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 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
". Keys, The HilsbOrOugh 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 12, A. D. 1882 as by the Statute in such
case made and provided, or judgment will be
taken against them as in default
THE CITY OF CINCINNATI,
By VIM DISNEY, its Atty.
Hillsborough, June 13, 8S2-ju15w7