The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-26
LEGAL NOTICE,

The City Of Cincinnati, Plaintiff, VS. The Hills
borough and Cincinnati Railroad Company
et dL, Defendants. No. 1O6: 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 /, 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
cinnati FOURTH mortgage, are hereby uOtifed
that the above entitled action is now pending
wherein the plaintiff ON April 28, A. ID. 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
diLsborough and Cincinnati Railroad, as con-
structed and to be constructed, and all the de-
pot grounds and other real estate and lCasehOld
estate, and rights of way and other property
described i'm two several mortgages made bv
the said Rail Road Company to the plaintif
The City of Cincinnati. upon which said action
Is founded, the one dated July q, A. ID. 1850.
given to secure loan of 525, 900, and recorded
September o. A. d. 1850, i'm Mortgage Book No
1877 page 445, of the Records of Hamilton
County, 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. ID. 1850 given 20
secure a loan Of S75,OO0 and duly recorded ON
April 80, A. d. 1851, in Mortgage Book No. 1854.
page III, of the records of Hamilton COUNTY
Ohio, and Immediately thereafter duly record
ed in the said counties of Clermout Warren.
Clinton and Highland; that the conditions of
both said mortgages We're broken by the nom
payment of 1926. .l5O 90 interest dine thereon
That afterwards, at the October term, A. D.
1881, of the said District Court, the plaintiff
fled, by leave Of Court its certain supplement
al petition, alleging that on August j, A. ID.
1850, the principal of said mortgage debt, coy
cred by said two mortgages, had matured and
remained unpaid.
The supplemental petition states that certain
parties claim some interest I'm the promises.
but in fact and law have none. to-wit The
Marietta and Cincinnati Rail Road Co. The
Marietta and Cincinnati r. r. Co., as reorgau-
ized The Baltimore and Ohio R. II. Co. Rich
ard W. Keys, Orlaud smith, trustee. John d.
Madeira, trustee, Thomas Whittredge and John
DOnnell Smith, as mortgages under the Mari
eta and Cincinnati THIRD mortgage and Will
lam Keyser and Robert Garrett. as mortgatrees
under the Marietta and Cincinnati FOURTH
mortgage
The petition and supplemental petition pray
for a 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.
Tho said defendants are required 10 answer
said petition and amendments thereto and
said supplemental petition, on or before satur-
day, August -, A. d. 1882, as by the statute in
such cases made and provided, or Judgment
VIII be taken against them as i'm default
TIE CITY OF CINCINNATI,
By WM DISNEY, Atty.
Hillaborough, June 10, 1S52-iu15w7