The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-05
( EkGkL NOTICE.

The City Of Cincinnati, Plaintiff vs.. The Hills
borough and Cincinnati Rail Road Company
ct al, Defendants. No. 81: District Court
Of the State Of Ohio in and for Highland
County.
The defendnnta, Thomas Whittedfls and
John Doun1l 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 CITY of Baltimore
and State Of Maryland, and mortgages and
trustees under the instrument Of date April /,
A. d. 1878, and known as the Marietta and
Cincinnati FoURrH MORTGAGE lro hereby noti-
ned that the above entitled action is now pend
ing, wherein the plaintiff, as a Judgment cred
itor, on November 9, A. d. 1873 tled Its GER
tain petition against the Hillsborough and
Cincinnnh r. r. Co., VIM. Butler Duncan
mortgage and trustee for H. q @. bOndhold-
ers; Richard W. Keys, The Marietta and Gin
Cinnah r. r. Co., The Marietta and Cincin-
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. 25, 894, at it's
June term, A. d. 1871, for One Hundred and
Thirty Thousand, Five Hundred and Fifty
eight (9180, ,558.00) Dollars; the other, No. 28, =
1916, at its March term, A. d. 1873 for Thir-
teen Thousand, Four Hundred and Thirty
eight C513, $4,000 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 Marlborough in the county OF
Highland, in Ohio, and also three other parcels
Of real estate situate in said town Of HillsbOr-
Ough, and known as in-lOts No. 1870 and 133
and the east half of out-lot No. 10. And also
alleging that the Marietta and Cincinnati
Rail Road Company, The Baltimore and Ohio
r. r. Co., and Phe Marietta and Cincinnati r.
r. Co., as recognized, severaly had monies,
goods, effects, stocks, bonds, drafts, promis-
sorry notes and certain securities and other
property belonging or owing to The Hillsbor-
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 plaintiffs judg-
ments aforesaid.
That afterwards, at the September term. A.
d. 1880, Of said District Court, IL 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, filed an amendment to
its petition alleging that said Smith; MADEIRA,
Whittredge, 6mdth, Keyser and Garrett, re-
specttvely, ns mortgages and trustees under
the four several mortgages known as the first,
second, third and fourth M. and O. 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
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 II, A. ID. 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 WAr. DISNEY, its Atty
HillsborOugh, June 49, 82.-ju15w7