The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1884-11-12
RO, HIGHLAND CO, o, WEDNESDAY, NOVEMBER -, Is
LegaI Notice


T s. BLACK and sallio f. Black, his wife, |
- who reside i'm Kansas City, in the state OF
Missouri viii take notice that ON the 18th day
of October, A. D. 1884. the Liberty Buildingand
Loan Association fled its petition lon the Court |
of Common Pleas of Highland county, OHIO, !
i'm case No. 1851, against the above named par
ties and others, alleging hat said plaintit Is
corporation duly incorporated under the laws
of Ohio; that on the 14th day of July, A. ID.
1880. said defendant j. $. Black executed and
delivered TO the said piantih his certain prom
issOry note or obligation, of which the follow
ing is a copy, tO-wit:
$50 10000 For value received ]. 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 loan Of twenty hun
dred dollars. the full value of twenty shares Of
stock in said association, at a premium OF six
teen dollars per share deducted for precedence
On said 20 shares of stock said j. 3. Black
promises to pay said association weekly lu-
stallmeut of five dollars l25 cents per larel
and on said sixteen hundred and eighty dol
lars the amount of said loan less tile premium,
he agrees TO pay interest as follows Eight dol
lars and 40 cents on tine first day of October,
1880, and eight dollars and 40 cents on the hrst
day of each succeeding month thereafter, until
FhlO loan is IUllN Dall uls tul etlA ooaNNAANt'AA
is dissolved, as provided i'm the constitution
and bylaws Of said association.
In testimony whereof we have hereuntO set
our hands and seals this 18th day OF July A.
D. $780,
The said plaintiff says that the weekly in
stallments Of dues of five dollars each, and the
monthly installmeuts of interest Of eight dol
lars and forty cents each, were all paid as pro-
vided in said obligation up to March Sth, 1854.
That although said loan was not and rs not
fully paid up and said association was not and
is not dissolved as provided in its contitution
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 iustallments Of interest
of eight dollars and forty cents each as pro-
vided by said obligation and there are now due
and unpaid seven installment5 of interest as
aforesaid, making the tOlal sum at the present
time for dues and interest @223.8O with inter-
est on the respectiveinstallments from the time
each became due and payable. The said plalnt-
ih further states that section / of article il OF
the constitution of said Liberty Building and
Loan Association, and which constitution is
signed and assouted to by said defendant, j. s..
Black, provides as follows "Any member
who negleCts to pay his weekly dues shall be
| fined five (j) cents for every default on each
/ and every share. When the fines Of a share
equal the paid weekly instGlments on the same,
it shall be forfeited by its owner to the associa-
| ton"
Section 2 Of the same article provides, that,
/ ''any money paid by a member who is in ar
4 rears shall be apphed-fTst, 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
NNH#N ass F| |HHnH HFnH
loan of twenty shares, and having failed fol
thirty-three weeks in succession to pay the
| weekly dues on said loan as provided by sale
note and the constitution and bylaws of sale
association, is indebted to said plaintiff on &C
count of fines in the sum Of S33. 90. for which
amount plaintiff asks judgment. Plaintiff fur
ther says that in order to secure the paymen
of the above described note and all fines tha
might be lawfully assessed said defendants, j
S. Black and Sallie E. Black, his wife, on thu
14th day Of July, A. D. 1880, executed and de
liversd to said plaintiff their certain mortgage
deed, and thereby conveyed to said plaintiff ant
its assigns forever the following real estate
situate in the county of Highland and State o
Ohio, and in the town of HilsbOrOugh, beinl
In-LOt (NO. 88) number Lightweight as know
and designated on the recorded plat Of sait
town
Said mortgage deed contained a condition
which was in substance that if the said j.
Black should pay or cause to be paid, the aboy
described note or obligation with the interes
thereon, according to its terms and the cOnst
tuition and bylaws of said Liberty Building
and Loan Association, then said mortgage dee
should become null and void otherwise to re
main in full force and effect. Said mOrtgag
deed has become absolute. On the 18th day o
I July, 1880, said mortgage was received by tn
. Recorder Of Highland county, Ohio, to be en-
. tered of record, and was recorded by him II
! mortgage book No, IS, pages lS and l9, Sal
5 plaintiff says there is due it from the said de
fendant, j. S. Black, upon the note afOresai
and for fines as aforesaid, the sum Of S256,Sl
with interest on five dollars from each Of th
! following dates, viz March Sth, 10th, 22d an
, 29th April 18th, 18th and Goth May lOtl
18th, Oath and 3lst June 14th, 21st and 28th
July 12th 18th and 26th August 9Th, l6tE
. 23d and 3Oth September 18th, Goth and 27th
, October 11th and 18th, 1884 and on Sl34
3 from April 9th, May 3rd, June 7th, July 5tl
August I'd, September 9th, and October All
70 1884 and on $500 from October 18th, 1873.
T and for which amount with interest as afOrt
= said plaintiff asks judgment. The defendant
g VIM. Scott and Samuel Warren. each claim a
. interest in said premises. The prayer Of sal
petition is for judgment against said j. s. BlaC
t for said sum Of 5256.8O with interest as abOy
, stated that said mortgage may be fOreclose
r and said premises ordered to be appraised, az
: vertised and sold according to law that ma
H ter may be appointed to take an account h
D | tween the parties OF the amount due and TO b
s come due upon said note and mortgage thu
q the proceeds Of such sale may be ordered to
VI applied to the payment of the amount -four
e due and payable to plaintiff the same b
e comes due and payable under the aiOresa
r. note that the leinB of the parties upon Ea
.s premises may be ascertalned and their prior
B. ties determined and for all such other and tu
q ther relief as plaintiff may be entitled to. Il
IL said defendants are also notified that they a.
e required to answer said petition on or befO
sL the 27th day of December, A. ID. 1884 or sa
u petition will he taken as true and judgme
le rendered accordingly.
l- THE LIBERTY BUILDING 81 LOAN ASSOCIATION
BY Sloane, Newby & Morrow, it's Atty
October 25th, 1884. oct29W6