Article Text
March, A. D. 1863.
W. B. PERKINS,
Administrator de bonis non
of estate of Reuben H. Blackmer.
Cleveland, Feb. 5, 1863.
feb6:428
# IN COMMON PLEAS, CUYAHOGA
County, Ohio.-For money and sale of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, Plaintiffs, vs. Ellery G. Williams, Henry Chamberlin, Henry W. Clark, John
E. Cary, Horatio N. Ward, Harriet E. Ward, Reuben Hitchcock, John P. Wheeler, Lathrop W. Davis, James S. Wadsworth, John M. Armstrong, receiver of the Canal Bank of Cleveland, F. M.
Isett, William C. Brewster, Charles L. Camp,
The City Bank of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics' Bank of Wheeling,
Henry H. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace Foote, James P. Mellen, Henry L. Stone, Defendants.
Any of the said defendants who have not been
served with process will take notice that on the
9th day of December, 1858, Allen Ayrault, then in
full life but now deceased, and of whom plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub-
stance,-
1st. That about April 3d, 1854, the defendants,
Williams and Chamberlin, for a valuable conside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State of New York, delivered to
said Ayrault their joint and several note, dated
on said 3d day of April, payable 9 months after
date, to the order of Norman Chappell at the
Metropolitan Bank, New York, for $5,000 00 with
interest, which was duly indorsed by said Chap-
pell to said Allen Ayrault. That about July 5,
1854, at Geneseo aforesaid, said Ayrault still be-
ing holder of said note, at instance of said E. G.
Williams and Chamberlin received in substitu-
tion for said note, the joint and several note of
said Williams & Chamberlin, Henry W. Clark and
John E. Carey, bearing date at said Geneseo, July
5, 1854, payable January 3d, 1856, to the order of
said Ayraultat the Metropolitan Bank, New York,
for $5,000 00 with interest annually, and that by
the law of the State of New York, he is entitled
to recover at the rate of seven per cent. interest
per annum on the same, and there is due on the
same $2,500 00 with interest at seven per cent. to
be computed as aforesaid, from July 5, 1855, for
which plaintiffs ask judgment.
2. That about July 5, 1854, at said Geneseo said
E. G. Williams and Chamberlin, for value received,
delivered to said Agrault another joint and sev-
eral note, executed by said Williams, Chamber-
lin, Clark and Carey, payable to the order of said
Ayrault July 1, 1856, at said Metropolitan Bank,
for $6,000 00 with interest annually, the rate of
imterest in the State of New York then and there
being seven per centum per annum; that said
note is wholly unpaid and there is due to said
Ayrault on the same, the sum of $6,000 with an-
nual interest thereon from July 5, 1855, at the rate
of 7 per cent per annum-for which plaintiffs ask
judgment.
3d. That on said 5th day of July, 1854, at said
Geneseo, said Williams & Chamberlain, for the
purpose, among other things of securing the
payment of said notes, delivered to said Allen
Ayrault a mortgage deed bearing date July 3,
1854, and executed on that date by said Ellery G.
Williams and Caroline M. Williams his wife (who
has since deceased) upon the following described
premises to wit: one equal, undivided halfin com-
mon of the following deseribed tract of land, sit-
uate in the township of Newbergh, being number
seven in the 12th range of townships in the Con-
necticut Western Reserve, in the State of Ohio,
and which is also in the county of Cuyohoga and is
known as being a part of 100 acre lot No. 333, and
is bounded as follows: On the east, north and
west by the original lines of said lot, and on the
south by the center of the Edwards road (so call-
ed), excepting a right of way 20 feet in width on
each side of the center of the Cleveland and
Pittsburgh Railroad track as now laid, said un-
divided ½ containing 33 94-100 acres of land. Also
the whole of the following described lots, situat-
ed in the city of Cieveland, county and State
aforesaid, to wit: Sub lot No. 46 in the Charles
Taylor farm, (so called) situated on Detroit street,
being 40 feet front by 150 feet deep, and sub-lot
No. 13 in block No. 2, of Baldwin & Seymour's
sub-division of 10 acre lots 51 and 52 on Hunting-
ton street, being 50 feet front by 120 feet deep-
which said mortgage was, on the 10th day of Ju-
ly, 1854, at 9¾ o'clock A. M., duly delivered for
record to the Recorder of said Cuyahoga county
and by him duly recorded on the 10th day of Au-
gust A. D. 1854, in Cuyahoga county records, vol.
74, pages 426-7-8-all of which premises the plain-
tiff's claim the right to sell by virtue of said mort-
gage on account of the failure to pay the notes
aforesaid to pay the amount due on said notes.
Said Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, Davis,
Wadsworth, Armstrong, Receiver Jetts, Brew-
ster, Camp, The City Bank of Cleveland, The
Cleveland & Mahoning Railroad Company, Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants' and Mechanic's Bank of Wheeling,
Bowen, McNamee, Holmes and Stone have, or
pretend to have, some claim by way of deed or
mortgage, by way of judgment lien, upon said
premises in said mortage described or upon
some part of the same; but he says that all such
liens or conveyances, if any there be, are inferior
and subordinate to that of said Ayrault. The said
Ayrault further sets forth that said defendant,
Harriet E. Ward, who is the wife of said Horatio
N. Ward, heretofore held a mortgage upon said
premises, or a part thereof, to secure the pay-
ment of the sum of $4,000 00, which mortgage is
yet uncancelled of record, but as the sum to se-
cure the payment of which said mortgage was
given, fell due on the first day of March, A. D.
1857, he charges that the same has been fully
paid.
Said Ayrault therefore asks that an account
may be taken of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey,
-that they may be ordered to pay the same with-
in some short period to be fixed by the Court, in
that behalf, and that upon their failure so to pay
the same, said premises in said mortgage de-
scribed, be ordered to be sold as upon judgments
at law, and that the proceeds of such sale be
applied to the payment of the amount found due
to the said Ayrault, and that he may have such
other and further relief in the premises as may
be just and equitable.
The defendants, not served with process, will
answer said petition by the 21st day of March,
1863, or the matters alleged in said petition will
be taken as true, and judgment rendered as
prayed for in said petition.
RANNEY, BACKUS & NOBLE,
January 27th, 1863. Plff's Att'ys.
jan29:430
