Notice, 14 July 1843 [Russell v. JS et al.]

  • Source Note
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The State of Ohio,) Court of Common Pleas:
Lake County, ss. [scilicet])
vs.
Joseph Smith jr
Thirza Gahoon [Thirza Stiles Cahoon]
Winthrop Eaton
Hezekiah Kell[e]y
Jonathan Leavitt
Charles A Lord
William Robinson
Wight T Cangar [Wright T. Conger]
Thomas Underwood
Robert Bald
Asa Spencer
Samuel Hufty
Samuel D Rounds
and others
IN CHANCERY— Said Respondents are hereby notified that said at the June term A D 1843 of said Court, filed his Bill in Chancery against them and others, setting forth in substance, that on the 10th day of October, A D 1836, said sold and conveyed the following lands, to wit: Situate in in said county, and known as lot No. 13 and parts of lots No. 12 and 14, in tract No. two in said (which is more particularly described in said Bill) to the said Joseph Smith, jr., and , for the sum of $11904, for which sum they on that day executed to said their six notes— five for $1000 each, and one for $6904, payable at different dates, and to secure the payment of said notes, they, the said Smith, , and , with their wives, to wit: , Thirza Cahoon, and Abigail [Pettingill] Bump, by their deed of that date mortgaged said premises to said that said mortgage was duly recorded on the 13th day of October, 1836— that said notes are all due and are wholly unpaid; that said claims some interest in said premises derived from one or more of said mortgagors— that the other persons above named as Respondents, claim to have recovered judgments against some of said mortgagors subsequent to the date of said conveyance and mortgage, which they claim are liens upon said premises subject to said mortgage.
The prayer of said Bill is that said Respondents may answer—for an account—that said mortgaged premises may be sold and the proceeds applied in payment of the amount due said , and for further relief.
The Respondents above named in the title of said cause being non-residents of the State of , are hereby notified that unless they appear, plead, answer or demur to said Bill within sixty days from the rising of said Court at its next Term, the same as to them will be taken as confessed, and a decree be entered accordingly.
, Clerk.
P. & R. Hitchcock & Wilder, Sol’s.
, July 14, 1843.
6w92 [p. 3]
The State of Ohio,) Court of Common Pleas:
Lake County, ss. scilicet)
vs.
Joseph Smith jr
Thirza Gahoon [Thirza Stiles Cahoon]
Winthrop Eaton
Hezekiah Kelley
Jonathan Leavitt
Charles A Lord
William Robinson
Wight T Cangar [Wright T. Conger]
Thomas Underwood
Robert Bald
Asa Spencer
Samuel Hufty
Samuel D Rounds
and others
IN CHANCERY— Said Respondents are hereby notified that said at the June term A D 1843 of said Court, filed his Bill in Chancery against them and others, setting forth in substance, that on the 10th day of October, A D 1836, said sold and conveyed the following lands, to wit: Situate in in said county, and known as lot No. 13 and parts of lots No. 12 and 14, in tract No. two in said (which is more particularly described in said Bill) to the said Joseph Smith, jr., and , for the sum of $11904, for which sum they on that day executed to said their six notes— five for $1000 each, and one for $6904, payable at different dates, and to secure the payment of said notes, they, the said Smith, , and , with their wives, to wit: , Thirza Cahoon, and Abigail [Pettingill] Bump, by their deed of that date mortgaged said premises to said — that said mortgage was duly recorded on the 13th day of October, 1836— that said notes are all due and are wholly unpaid; that said claims some interest in said premises derived from one or more of said mortgagors— that the other persons above named as Respondents, claim to have recovered judgments against some of said mortgagors subsequent to the date of said conveyance and mortgage, which they claim are liens upon said premises subject to said mortgage.
The prayer of said Bill is that said Respondents may answer—for an account—that said mortgaged premises may be sold and the proceeds applied in payment of the amount due said , and for further relief.
The Respondents above named in the title of said cause being non-residents of the State of , are hereby notified that unless they appear, plead, answer or demur to said Bill within sixty days from the rising of said Court at its next Term, the same as to them will be taken as confessed, and a decree be entered accordingly.
, Clerk.
P. & R. Hitchcock & Wilder, Sol’s.
, July 14, 1843.
6w92 [p. 3]
Page 3