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

The City Of Cincinnati Plaintiff, vs. The Hills
borough and Cincinnati Railroad Company
et al, Defendants. No. 1861 District Court
Of the State of Ohio in and for Highland
County.
The defendants Thomas Whittredge and
John Donnell Smith, residents Of the City Of
Baltimore and State Of Maryland, and mort
gagees and trustees under an instrument Of
date June 1, 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 l, A.
ID. 1873, and known as the Marietta and Gin
cinnau FOURTH mortgage, are hereby notified
that the above entitled action is now pending
wherein the plaintiff on April 28, 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 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 al the de-
pot groundg and other real estate and leasehold
estate, and rights Of way and other property
described In two several MORTGAGES made Nv
the said Rail Road Company TO the plaintiff
The City Of Cincinnati. upon which said aotion
is founded, the one dated July 27, A. ID 1870
given to secure loan Of S25, 600, and recorded
September 8, A. D. 1850, In Mortgage Book No.
157, page 445, Of the Records Of Hamilton
County, Ohio, and Immediately thereafter dutv
recorded in the counties Of Clermont Warren
Clinton aud Highland, in said State the otbor
mortgage, dated August /, A. ID. 1850, qivbn 10
secure loan Of $4,000, and duly recorded on
April 30, A. ID. 1851, in Mortgage Book No l64
page III, Of the records OF Hamilton County.
Ohio, and Immediately thegeaiter duly record.
ed in the said counties OF CleFmont, Warren
Clinton and Highland; that the conditions Of
both said mortgages were broken by the nom
Payment OF el2al 100, 90 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 /, A. d.
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 90. The
Marietta and Cincinnati r. y, Oo., aa reOrgan-
ized, The Baltimore and Ohio 2, r. Co., Rich
ard W. Keys, Qr|aRd Smith, trustee, John D.
Madeira, tqlatoa, Thomas Whittredqe and Jobn
pQpnel SMITH as mortgages under the Mari
etta and Cincinnati THIRD mortgage, and Win
lam KeyBer and Robert Garrett, as MORTGAGES
under the Marietta and Cincinnati FoUR4H
mortgage.
The petition and supplemental petition pray
for a sale Of said mOrtgaged pTaIaiies free from
the claim Of all the defepdaRiaa aud the proceeds
be applied TO the payment Of pluintiRa' two
several mortgage debts, and for general relief
The said del6ndants are required to answer
said petition and amendments thereto aud
said supplemental petition, on or before Satur-
day, August IL a. ID. 1882, as by the statute in
such cases madefau provided, or Judgment
viii be taken against them as IN default.
THE CITY OF CINCINNATI,
1u- By WA. DISNEY, Atty.
Hillsborough, June IS, lss2.-iulbw7