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 Railroad Company
ct al, Defendants. No. 1O6 District Court
Of the State of Ohio in and for Highland
County.
The defendants Thomas Whittredge 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. ID. 1870, and known az 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 J. A.
D. 1873, and known az the Marietta and Gin
cinnati FOURTH mortgage, are hereby notified
that the above entitled action is now pending
wherein the plaintin, on April 28, A. d. 1870
filed its certain petition against The llillsbOr-
ough and Cincinnati Rail Road Company and
VIM. Butler Duncan, mortgage and trustee
for certain bOndhOlders, and praying for a sale
Of certain mortgaged property known as The
HillsborOugh and Cincinnati Railroad, as con-
structed and to 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
tine said Rail Road Company to the plaintiff.
The City Of Cincinnati. upon which said action
is founded, the one dated July q, A. ID. 1850.
given to secure a loan of S25, 900, and recorded
September 8, A. ID. 1850 I'm Mortgage Book No
gounty, Ohio, and Immediately thereafter duty
recorded in the counties of Clermont Warren
Clinton and Highland, in said State the other
mortgage dated August l. A. d. 1850, given to
secure a loan Of S75 600, and duly recorded on
April 80, A. d. 1851, in Mortgage Book No. 1G4.
page H. Of the records of Hamilton County,
Ohio, and Immediately thereafter duly record
ed in the said counties of Clermont Warren,
Clinton and Highlands that the conditions Of
both said mortgages were broken by the nom
payment of 9l26, 1900 interest due thereon.
That afterwards at the October term A. D.
1881, Of the said District Court, the plaintiff
filed, by leave Of Court its certain supplement-
al petition, alleging that ON August l. 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 in the premises,
but in fact and law have none, to-wit. The
Marietta and Cincinnati Rail Road Co., The
Marietta and Cincinnati r. r. Co. as reOrpan-
ized The Baltimore and Ohio r. II. Co.. Rich
ard w. Keys, Orland Smith, trustee, John ID.
MADEIRA, trustee, Thomas Whittredge and John
DOuneu Smith, as mortgages under the Mari
eta and Cincinnati THIRD mortgage and Will
lam Keyser and Robert Garrett as mortgages
under the Marietta and Cincinnati FOURTH
mortgage.
The petition and supplemental petition pray
tor sale Of said mOrtgaged premises free from
the claim of all the defendants, and the proceeds
be applied to the payment of plaintiffs two
several mortgage debts, and for general relief.
The said defendants are required to answer
said petition and amendments thereto, and
said supplemental petition, on or before Satur-
day, August l2, A. D. 1882, as by the statute in
such cases made and provided. or judgment
viii be taken against them in default
THE CITY OF CINCINNATI,
By VIM. DISNEY, Atty
Hillsborough, June 18, 1889. -ju15w7