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LEGAL NOTICES. # IN COMMON PLEAS, CUYAHOGA County, Ohio. For money and sale of lande. Daniel H. Fitzhugh, Ephraim Cone and Walter Ayrault, deceased, Plaintiffs, vs. Ellery G. Wil- liams, Henry Chamberlin, Henry W. Clark, John E. Cary, Horatio N. Ward, Harriet E. Wad, Reu- ben Hitchcock. John P. Wheeler, Lathrop W Da- vis, James S. Wadsworth, John M. Armstrong, re- ceiver 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 MeNamee, Samuel P. Holmes, Horace Foote, James P. Mellen, Hen ry L. Stone, Defendants. Any of the said a efendants who have not been served with process will take notice that on the 9th day of December, 1868, 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 6, 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 Ayrault at the Metropolitan Bank, New York, for $3,000.00 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 6, 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, 1850, at said Metropolitan Bank, for $6,000 00 with interest annually, the rate of interest 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 the sum of $6,000 with an- nual interest thereon from July 6, 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 Genesec, 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, 1864, 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 described 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 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: Sublot No. 46 in the Charles Taylor farm, (so called) situated on Detroit street, heing 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 9 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- tiffs 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 by way of judgment lien, upon said mortgage, by 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, 18:3, 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. Piff's Att'ys. jan29:430
