The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1884-11-26
Legal Notice.

Legal Notice.
T s. BLACK and salie f Black, his wife,
/ y who reside i'm Kansas City iu the State of
/ Missouri. will take notice that ON the oath day
of October, A. ID. 1884. the Liberty building and
/ Loan Association fled its petition in the Court
| of Common Pleas Of Highland county Ohio.
| i'm case No g, ,g6l, against the above named par
! ties and others, alleging that said plaintiff is
| corporation duly incorporated under the laws
/ of Ohio; that on the l4th day of July, A. ID.
/ 1880 said defendant, j. s.. Black, executed and
/ delivered to the said plianti1 bis certain prom
| issory note or obligation, of which the follow
/ ing is a copy, to-wit:
| 1s2 600 90 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, a member Of said
association having bid for and received from
| said association an advance loan Of twenty hum
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 90 shares Of stock said j. s. Black
promises TO pay said association a weekly in
| stalment of five dollars C25 cents per Iare),
| 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,
| $780, and eight dollars and 40 cents on the first
/ day of each succeeding month thereafter until
said loan is fully paid mp, and said association
| 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
stalments of dues Of five dollars each, and the
] monthly installments of interest of eight dol
lars and forty cents each, were all paid as pro-
| vided in said obligation up 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 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 yinstallments
of five dollars each. Plaintiff says that said
defendant has failed since the first day of
April, 1884, TO pay the instullments 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 tOal sum at the present
time for dues and interest 1928 80, with inter
est on the respective instalmentsf from the time
each became due and payable The said plaint-
lh further states that section 1 Of article il of
the constitution Of said Liberty Building and
Loan Association and which constitution is
signed and asseuted Co by said defendant, j. S..
Black, provides az follows "Any member
who neglUCts 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 installments on the same,
it shall be forfeited by its owner to the associa-
ton"
Section Of the same article provides, that,
"any money paid by member who is in ar
rears shall be applied-hTst, to the paying of
interest, secondly to the payment of hnes and
the remainder to the payment of dues
Plaintiff further says that the said defend.
. ant, j. s. Black having received an advance
loan Of twenty shares, and having failed fol
I thirty-three weeks in succession to pay the
! weekly dues on said loan as provided by sale
4 note and the constitution and bylaws Of sale
J association, is indebted to said plaintiff on ac
count of fines in the sum Of S33 co.. 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,
S. Black and Sallie b. Black, his wife, on thD
14th day of July, A d. 1880 executed and de
livered to said plaintiff their certain mortgage
deed, and thereby conveyed to said plaintiff ant
a its assigns forever the following real estate
situate in the county of Highland and State o.
, Ohio, and in the town of HillsbOrOugh, bein)
9 In-LOt (NO S8) number eighty-eight as know
4 and designated on the recorded plat of sait
u town.
r. Said mortgage deed contained a condition
. which was in substance that if the said j.
T. Black should pay or cause to be paid, the abOv
= described note or obligation with the interes
: thereon, according to its terms and the COnsti
D tuition and bylaws Of said Liberty Building
Z and Loan Association, then said mortgage dee
= should become null and void otherwise to re
!, main in full force and effect. Said mOrtgag
y deed has become absolute On the 18th day o
y July, 1880, said mortgage was received by tn
4 Recorder Of Highland county, Ohio, to be en-
n tered of record, and was recorded by him il
=, mortgage book No. 18, pages 18 and 49, Sal
IS plaintiff says there is due it from the said de
Z fendant, j. s. Black upon the note aforesai
and for fines as aforesaid, the sum of S256 81
!, with interest on five dollars from each Of th
~ following dates, viz March Sth, 18th, 22d an
- 29th April 18th, 18th and Goth May 1Otl
= 18th, Oath and 31st June 14th, 21st and 28th
y July 18th, 18th and 26th August 9Th, l6tl
" 23d and 30th September 18th, Goth and 9th
a October 11th and l8th, 1884 and on S13.4
- from April 5th, May 3rd, June 7th, July 5tl
le August Cd, September 9Th, and October 4tl
~ 1884 and on G33 90 from October 18th, 1888
~ and for which amount with interest as afOr
~, said plaintiff asks judgment. The defendant
~ 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
m for said sum Of S256.SO with interest as abO'
~ stated that said mortgage may be fOreClOsC
~ and said premises ordered to be appraised, az
= vertised and sold according to law that ma
u' ter may be appointed to take an account b
r. tween the parties Of the amount due and to b
W. come due upon said note and mortgage; tn
F the proceeds Of such sale may be ordered to
.Ia applied to the payment Of the amount -four
,Ie due and payable to plaintiff as the same b
' comes due and payable under the aforesa
y note that the leius of the parties upon sa
~ premises may be ascertained and their prior
,,5 ties determined and for all such other and fu
iE ther relief as plaintiff may be entitled to. I
IRE salu g Co olo aiaG otit ,tr"' go
ooFF the 9th day of December, A. ID. 1884, or ga
Ia petition will be taken as true and judgme
~ rendered accordingly.
'' THE LIBERTY BUILDING & LOAN Association
BY Sloane, NeWby & Morrow, its Att!
October 25th, 1884. Oct29WG