The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1884-11-19
}. HIGHLAND CO. Q. WEDNESDAY, NOVEMBER 10. LIS.
Legal Notice

Legal NOGlCe
! r S. BLACK and Sallie T.. Black, his wife,
] - who reside i'm Kansas City, in the State Of
| Missouri, will take notice that on the oath day
of October, A. ID. 1884, the Liberty Building and
] Loan Association filed its petition i'm the Court
of Common Pleas of Highland county Ohio
| i'm case No. 3,961, against the above named par
/ ties and others, alleging That said plaintlh ls
| corporation duly incorporated under the laws
| Of Ohio; that on the l4th day of July, A. d.
| $780, said defendant, j. $. Black executed and
delivered to the said plaintiff bis certain prom
! ssOry note or obligation, Of which the follow
| ing is a copy, to-wit:
! $50. 100000 For value received, l.. j. S. Black
promise to pay the Liberty Building and Loan
| Association the sum of twenty hundred dollars
| with interest on sixteen hundred and eighty
dollars thereof, principal and interest payable
! as follows Said j. s. Black, member of said
association, having bid for and received from
/ said association an advance lOanOt twenty hum
dred dollars, the full value Of twenty shares Of
stock i'm said association, at premium of six
| teen dollars per share deducted for precedence
On said 20 shares of stock said j. $. Black
/ promises to pay said association weekly IN
/ stallment Of five dollars (25 cents per lare)
and on said sixteen hundred and eighty dol
/ lars, the amount of said loan less the premium,
| he agrees to pay interest as follows Eight dol
| lars and 40 cents on the first day of October
1880, and eight dollars and 40 cents on the first
| day Of each succeeding month thereafter, until
I nolA 4betA 10 ANAlg BuAN UPS HllA oelA en0Dl's''
| is dissolved, as provided in the constitution
and bylaws of said association.
In testimony whereof, we have hereuntO set
our hands and seals this 14th day of July, A.
| D. $780,
The said plaintiff says that the weekly in
stallments of dues of five dollars each, and the
monthly inslallments of interest of eight dol
lars and forty cents each, were all paid as pro-
vided in said obligation up to March Sth, 1881.
That although said loan was not and is not
N1 4 HrfI III
is not dissolved as provided in its cOnttuhOn
and bylaws, yet beginning with the Sth day Of
March 1884, and continuing to the present
time, the said defendant j. S. Black, has neg
lected and failed to pay said weekly Install
ments, and there are now due and unpaid upon
said obligation, thirty-three weekly installments
of five dollars each Plaintiff says that said
defendant has failed since the first day of
April, 1884 to pay the installments Of interest
| Of eight dollars and forty cents each as pro-
vided by said obligation, and there are now due
and unpaid seven installments of interest as
aforesaid, making the tOlal sum at the present
| time for dues and interest S223.8O with inter-
est on the respective installments from the time
each became due and payable. The said plaiut-
lift further states that section 1 Of article II of
/ the constitution of said Liberty Building and
Loan Association, and which constitution is
| signed and 3sseuted to by said defendant, j. S.
| Black, provides as follows "Any member
who neElect5 to pay his weekly dues shall be
U
and every share When the fines of a share
equal the paid weekly yinstallments on the same
it shall be forfeited by its owner to the assOcia-
tion."
Section 2 Of the same article provides, that
ANY money paid by a member who is in ar
rears shall be appied-frst, to the paying Of
| interest, secondly, to the payment of fines, and
! the remainder to the payment of dues
Plaintiff further says that the said defend
ant, j. S. Black, having received an advance
] NNaHh FRNN uaN.1 4 a1aI
thirty-three weeks in succession to pay the
weekly dues on said loan as provided by said
! note and the constitution and bylaws Of said
| association, is indebted to said plaintiff on aC-
| count of fines in the sum of $4,000, for which
! amount plaintiff asks Judgment. Plaintiff fur
| theT says that in order to secure the payment
| Of the above described note and all fines that
might be lawfully assessed, said defendants, j.
| s. Black and Sallie T. Black, his wife, on the
14th day of July, A. D. 1880, executed and de-
| ivered to said plaintiff their certain mortgage
deed, and thereby conveyed to said plaintiff and
its assigns forever the following real estate F.:
| situate in the county of Highland and State of
! Ohio, and in the town of HillsbOrough, being
In-Lot (NO 88) number lightweight as known
and designated ON the recorded plat Of said
| town.
Said mortgage deed contained a condition
| which was in substance that if the said j. S.
Black should pay or cause to be paid, the above
| described note or obligation with the interest
tuition and bylaws Of said Liberty Building
and Loan Association, then said mortgage deed
| should become null and void otherwise to re-
main in full force and effect. Said mortgage
deed has become absolute. On the 18th day Of
! July, 1880, said mortgage was received by the
Recorder Of Highland county, Ohio, TO be en-
tered Of record, and was recorded by him in
mortgage book No. 18, pages 1S and 19. Said
plaintiff says there is due it from the said de-
fendant, j. S, Black, upon the note aforesaid
NaH4a Co HHHn. rHHa g. 4 e %
with interest on five dollars from each of the
following dates viz March Sth, 10Th, 22d and
29th april 18th, 18th and 26th May 10th,
18th, Oath and 3lst June l4th, 2lst and 28th ;
July 18th, 18th and Goth August 9Th, 10th,
23d and 30th September 18th 2Oth and 9th :
October llth and 18th, 1884 and on S13.4O
from April 5th, May 3rd, June 9TH, July 9TH
August I'd, September 9Th, and October 4th,
1884 and on $500 from October 18Th 1884
and for which amount with interest as afOre-
said plaintiff asks judgment The defendants
VIM. Scott and Samuel warren, each claim an
interest in said premises. The prayer Of said
petition is for judgment against said j. S. Black
for said sum Of S256.SO with interest as above
stated; that said mortgage may be fOreClOsed
and said premises ordered to be appraised, ad-
vertised and sold according TO law that amas-
ter may be appointed to take an account be-
tween the parties OF the amount due and to be-
come due upon said note and mortgage that
the proceeds of such sale may be ordered to be
applied to the payment of the amount found
due and payable to plaintiff as the same be-
comes due and payable under the aforesaid
note that the leins of the parties upon said
premises may be ascertained and their priOri-
ties determined and for all such other and fur
ther relief as plaintiff may be entitled to. The
said defendants are also notified that they are
required TO answer said petition on or before
the 9th day of December, A. d. 1884, or said
petition will he taken as true and judgment
= rendered accordingly.
THE LIBERTY BUILDING E LOAN ASSOCIATION,
BY Sloane, NeWby & Morrow, it's Att'ys.
October 25th, 1884. Oct29WG