The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1882-07-12

The City of Cincinnati, Plaintiff, VS.. The Hills
borough and Cincinnati Railroad Company
et dl, Defendants. Ne. 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. ID. 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.
d. 1878, and known as the Marietta and Gin
cinnah FOURTH mortgage are hereby notified
that the above entitled action is now pending
wherein the plaintiff, on April %, 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
HlllsborOugh and Cincinnati Railroad, as con-
structed and to be constructed, and all the de-
pot grounds aud 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 27, A. ID. 1850,
given to secure loan Of 225, 900, and recorded
September o. A. ID. 1850 in Mortgage Book No
l57 page 445, Of the Records of Hamilton
Gounty, Ohio, and immediately thereafter duty
recorded in the counties Of ClermOnt Warren,
Clinton and Highland in said State; the other
mortgage, dated August 1, A. d. 1850, given to
secure a loan Of $1,000 and duly recorded on
April 30 A. ID. 1851, in Mortgage Book No. 164,
page H. of the records Of Hamilton County,
Ohio, and Immediately thereafter duly record
ed in the said counties of ClermOnt. Warren,
Clinton and Highland; that the conditions of
both said mortgages were broken BY the nom
payment Of Sl26, 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 1, 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 nome to-Wit, The
Marietta and Cincinnati Rail Road Co.. The
Marietta and Cincinnati r. r. Co., as reorgan-
led The Baltimore and Ohio r. r. Co.. Rich
ard W. Keys, OrlRnd Smith, trustee, John ID.
MADEIRA, trustee, Thomas Whittredge and John
DOnnel 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
for 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 10, A, D. 1882 az by the statute in
such cases made and provided, on Judgment
viii be taken against them as in default.
THE CITY OF CINCINNATI
By WAI, DISNEY, Atty.
Hilsborough, June 13, 18s2.-iul5W