The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1884-12-03

LEGAL Notice.

Legal Notice.
7 s. BLACK and Sallio .. Black, his wife
- who reside i'm Kansas City in the State o.
Missouri, will take notice that ON the oath da,
Of October a. ID. 1884, the Liberty Buildingaul
Loan Association filed it's petition iu the Cour
of Common Pleas of Highland county Ohio
iu case no. 1861, against the above named par
ties and others, alleging that said plaintiff is
corporation duly incorporated uudCr the law
of Ohio; that on the 1Ith day of July, A. D
/ 1850, said defendant, j. s.. Black, executed aut
delivered to the said piantin bis certain prom
! issUry note or obligation, Of which the follow
ing is a copy, tO-wit:
"s2 10000 For value received, ]. j. S. Black
promise to pay the Liberty Building and Ioar
Association the sum of twenty hundred dollau
with interest ON sixteen hundred and eighty
dollars thereof, principal and interest payabl,
as follows Said j. S. Black, a member of said
association, having bid for and received from
said association an advance loan Of twenty hun.
Ired 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 q weekly in-
| stullment of five dollars (2j cents per Isre).
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 up, and said association
| 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 14rh day of July, A..
! ID $780,
The said plaintiff says that the weekly in
stallments of dues of five dollars caCh and the
monthly installments Of interest Of eight dol
lars and forty cents each were all paid as pro-
! Wded 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
ana bylaws, yet, beginning with the Sth dav 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
sald 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 installments Of interest
OF eight dollars and forty cents each as pro-
Vlded by said obligation, and there are now due
and unpaid seven instaIlments of interest as
aforesaid making the tolal sum at the present
time for dues and interest 1928 So. with inter
est on the respective iustallments from the time
each became due and payable. The said plaiut-
III further states that section of article il Of
the constitution Of said Liberty Building and
Loan Association, and which constitution is
signed and asseuted tO by said defendant j. S.
Black, provides as follows: "Any member
VINO AeEIects to pay his weekly dues shall be
lined five lj) cents for every default on each
and every share When the fines Of share
equal the paid weekly iustaIIments 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 member who is i'm ar
rears shall be appied-frst TO the paving of
interest, secondly, to the payment of fines and
the remainder to the payment OF dues"
HfN Nf.H gHHH#
ant D.. $. Black, having received an advance
loan OF twenty shares, and having failed for
Jmrty-three weeks In succession to paw 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 $50. 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.
, Black and SalLie q. Black, his wife on the
lfth day OF July, A ID. 1880, executed and de
lYered 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
ONO, and in the town Of HillsbOrough, being
ln-Lot (NO. SS) number eighty-eight 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 tie or obligation with the interest
Jhereon, 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 bv the
hecorder OF Highland county, Ohio to be en-
tered Of record, and was recorded by him in
mortgage book No. 49, pages Is and 49, Said
plalnuh says there is due it from the said de-
tendant, j. S. Black, upon the note aforesaid
ana Tor lines as aforesaid, the sum of 525G. 80, |
with interest on five dollars from each of the
following dates, viz March 8th, 18th. 22d and
18th april 18th, 18th and Goth May 10th. |
lith, 24th and 3lst June 14th, 21Rt and 28th |
July 18th, 18th and 26th August 9th 10th |
25d and 3Jth ; September 18th, Goth and 9th |
october llth and 18th, 1884; and on S13.4O
from April 9th, May 3rd, June 7th, July 5th |
August I'd, September 9Th, and October 4th,
1854 and ON S33 90 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 Tor Judgment against said j. S. Black
Tor said sum Of 12j6.SO with interest as above
stated that said mortgage may be fOreClOged
and said premises ordered to be appraised. adj !
verti5ed and sold according to law that a mas !
tor 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 relet as plalntlu may be entitled TO. The !
said defendants are also notified that thev are |
required 60 answer said petition on or before |
the 9th day Of December, A. ID. 1884, or said |
petition will be taken as true and Judgment |
rendered accordingly.
The LIBERTY BUILDING & LOAN ASSOCIATION. |
by Sloane, Newly Morrow, its Att'ys. |
October Goth, 1884. oct29wG