The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-06-22

The City 0f Cincinnati, Plaintiff, VS.. The Hills
borough and Cincinnati Railroad Company
et dl., Defendants. No 10G: District Court
of the State Of Ohio in and for Highland
County.
The defendants, Thomas Whittedge and
John Donnel Smith, residents of the City of
Baltimore and State of Maryland, and mort
gagees and trustees under an instrument Of
date June /, A. d. 1870, and known as the Ma
rietta and Cincinnati THIRD mortgage, and the
defendants, William keyser and Robert Gar
rett, residents of the city of Baltimore and
State of Maryland, and mortgages and trus-
tees under an instrument of date April /, A.
ID. 1873, and known as the Marietta and Gin
cinnati FOURTH mortgage, are hereby notified
that the above entitled action is now pending
wherein the plaintiff on April 2S, A. d. 1870,
filed its certain petition against The HillsbOr-
ough and Cincinnati Rail Road Company and
VIM. Butler Duncan, mortgage and trustee
for certain bundhOlders, and praying for a sale
of certain mOrtgaged property known as The
HilsbOrOugh and Cincinnati Railroad, as con-
structed and 10 be constructed, and all the de-
pot grounds and other real estate and leasehOld
estate, and rights of way and other property
described in two several mortgages made by
the said Rail Road Company to the plaintiff.
The City OF Cincinnati. upon which said action
is founded, the one dated July n, A. d. 1850,
given to secure q loan of S25, 900, and recorded
September 5, A. ID, 1880, In Mortgage Book No.
ljR page A45, OF the Records of Hamilton
County, Ohio, and Immediately thereafter duty
recorded i'm the counties Of ClermOnt Warren,
Clinton and Highland, in said State; the other
mortgage, dated August 1, A. ID. 1850, given to
secure a loan Of S75,O00 and duly recorded on
April 80, A. ID. 1851, in Mortgage Book No, l0i,
page III Of the records of Hamilton Comfy,
Ohio, and Immediately thereafter duly record
ed i'm the said counties of ClermOnt, Warren,
/ Clinton and Highland; that the conditions of
| hDfh SAID mDTTunuag were lrDFpU nv the nom
/ payment of S126, 10000 interest due thereon.
! That afterwards, at the October term, A.. ID.
| 1881, of the said District Court the plaintiff
/ fled, by leave Of Court, its certain supplement-
al petition, alleging that on August /, A. ID.
! 1880, the principal of said mortgage debt, COW
cred by said two mortgages had matured and
remained unpaid.
! The supplemental petition states that certain
parties claim some interest i'm the premises
but in fact and law have none, to-wit, Tho
/ Marietta and Cincinnati Rail Road Co., Tho
! Marietta and Cincinnati R. r. Co., as reOrgau
lied, The Baltimore and Ohio r, II. o., Rich
ard w. Keys Orland Smith, trustee John ID,
| Madeira, trustee Thomas Whittredge and JOIN
! DOnpel Smith, az mortgages under the Mari
eta and Cincinnati THIRD mortgage, and VIII
lam keyser and Robert Garrett as MORTGAGE
under tho Marietta and Cincinnati FOURu
mortgage
The petition and supplemental petition pra!
for a sale of said mOrtgaged premises free from
the claim of all the defendants and the proceed
be applied to the payment Of plaintiffs tw
several mortgage debts, and for general relief
The said defendants are required TO answe
said petition and amendments thereto an,
said supplemental petition, on or before Satur
day August -, A. ID. 1882, as by the statute q
such cases made and provided, on judgmen
will be taken against them as in default.
THE CITY OF CINCINNATI,
By WbI. DISNEY, Atty.
Hillsborough, June Is, 1SS2.-iul5W7