The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1884-11-05
Legal Notice.

rta arN - eAe
z S. BLACK and sallie e. Black, his wife.
. - who reside i'm Kansas City, in the state of
Missouri, will take notice that on ths 2iih day
of October, A. ID. 1884. the Liberty Building land
/ Loan Association filed IT'S petition iu the Court
/ of Common Pleas of Highland county, Ohio,
/ i'm case No 1861, against the above named par
ties and others, alleging that said plaintiff is q
/ corporation duly incorporated under tine laws
Of Ohio that on the 14th day Of July, A. d..
| $780, said defendant, j. $. Black, executed and
/ delivered To- the said phantih his certain prom
| ssOry note or obligation, of which the follow
| ing is a copy, to-wit:
"52 OOOOO 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 i'm said association, at a premium Of six
/ teen dollars per share deducted for precedence.
On said 20 shares of stock said j. s. Black
promises to- pay said association o weekly in-
stallment of five dollars C25 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
H'A AAtalA 10 AA. I'A'A Pc Nll HtAAH
is dissolved, as provided in the constitution
and bylaws Of said association.
Tn testimony whereof, we have hereuntO set
our hands and seals this l4th day Of July, A.
ID. 1880
The said plaintiff says that the weekly in
stallments of dues of five dollars each, and the
monthly installments Of interest Of eight dol
lars and forty cents eaCh we're all paid as pro-
vidGd i'm said obligation mp to March Sth, 1884,
That although said loan was not and is not
fully paid up and said association was not and
is not dissolved as provided in its COntitutiOn
| and bylaws, yet, beginning with the 8th 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 iustailments Of interest
Of eight dollars and forty cents each as pro-
vlded by said obligation, and there are now due
and unpaid seven iustallments of interest as
aforesaid, making the tolal sum at the present
time for dues and interest S223.SO, with inter
est on the respective installmeuts from the time
each became due and payable. The said plant
lH further states that section / Of article II Of
the constitution of said Liberty Building and
Loan Association, and which constitution is
| signed and assgnJed Co 10y said defendant, j. S.
Black, provides as follows "Any member
who neElects to pay his weekly dues shall be
! lund five .J) cents for every default on each
and every share. When the fines Of a share
| equal the paid weekly instalments on the same,
10 shall be forfeited by its owner to the associa-
| ton"
Section Of the same article provides. that,
| 'any money paid by a member who is in ar
rears shall be applied-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
] ] I.|gpE H.E-irf0r r.nafyIl on a1v2nnl
| loan Of twenty shares, and having failed for
/ thirty-three weeks i'm succession to pay the
weekly dues on said loan as provided by said
| note and the constitution and by-laws of said
association, is indebted to said plaintiff on ac-
! count of fines in the sum of 533 90, for which
amount plaintiff asks judgment. Plaintiff fur
| ther says that in order to secure the payment
Of the above described note and all fines that
might be lawfully assessed, said defendants. j.
| g. Black and Sallie Z. Black his wife, on the
| l4th day of July, A. ID. 1880, executed and de-
| hvCred to said plaintiff their certain mortgage
/ deed, and thereby conveyed to said plaintiff and
| it's assigns forever the following real estate
situate in the county of Highland and State of
| Ohio, and in the town of HilsbOrough, being
/ In-LOt lNO. SS) number eighty-eight as known
and designated on the recorded plat Of said
town.
Said mortgage deed contained a condition
which was i'm substance that if the said j. S.
| Black should pay or cause to be paid, the above
| described note or obligation with the interest
! thereon, according to its terms and the cOnsti,
| 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. is, pages is and 10. Said
plaintiff says there is due it from the said de-
! tendant j. S. Black, upon the note aforesaid
and for fines as aforesaid, the sum Of S256.SO
with interest ON five dollars from each of the
| following dates, viz March Sth, 18th 22d and
29th April 18TH 18th and 2Gth May 10th
| l7th, oath and 3lst June l4th, 21st and 2Sth
July 18th, 18th and Goth; August 9th, 10th
23d and Both September 18th, Doth and 9th
October llth and 18th, 1884 and on 513.4l
from April 5th, May 3rd, June 7th, July 5th
! August I'd, September 9th, and October 4th
1884 and on $4,000 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 al
interest in said premises. The prayer of saiC
petition is for judgment against said j. S. BlaCl
Tor said sum OF $3.50 80 with interest as aDOvl
stated that said mortgage may be fOreclOseC
and said premises ordered to be appraised adj
| vertised and sold according TO law that mas
ter may De appointed to take an account be
tween the parties Of the amount due and to be
come due upon said note and mortgage tina
the proceeds Of such sale may be ordered TO bO
applied to the payment Of the amount founC
due and payable to plaintiff as the same be
comes due and payable under the aforesaid
note; that the leius of the parties upon sail
premises may be ascertained and their priOri
ties determined and for all such other and fur
ther relief as plaintiff may be entitled to. Tit
said defendants are also notified that they arr
required to answer said petition on or 1efor
the 9th day Of December A. ID. 1884 or sale
petition will be taken as true and iudgmen
rendered accordingly
The LIBERTY BUILDING 81 LOAN ASSOCIATION,
by Sloane, Newby & Morrow. it's Attys
October 2jth, 1884. 0ct29W6