Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.]

  • Source Note
  • Historical Introduction

Document Transcript

To the Honorable the Court of Common Pleas within and for the County of Lake and State of as a Court of now sitting—
Humbly complaining sheweth unto your Honors your Orator of in said County of Lake that on tenth day of October A D 1836 he was seized and in possession of the following lands and tenements to wit situate in said being Township No nine (9) in the ninth (9) Range of Townships of the in the State of and which was then in the County of but now in said County of Lake and known as Lot thirteen (13) and parts of twelve (12) & [p. 105] fourteen (14) in tract No two and is bounded as follows to wit, beginning at the South west corner of land then owned & occupied by Ebenezer Jennings, thence East on said Jennings line to lands owned by Mr Hyde— thence South on said Hydes line to Lot No thirteen— thence East & South by said Hyde to the public highway— thence South westerly & westerly along said Highway to the meeting House Lot— thence Northerly to the line of Lot No thirteen— thence to the South west corner of said Lot thirteen— thence along the public highway— leading from to to the place of beginning containing one Hundred and thirty two acres & four hundredths of an acre, that Joseph Smith Jr then of said but now of Illinois and of said applied to your to sell the same to them upon credit and the purchase money thereof to be secured by a mortgage upon said premises, that your on the day and year aforesaid sold and conveyed the same to said Smith & and thereupon on the day and year aforesaid they the said Smith & for the purchase price thereof made and delivered to your their six joint & several notes of that date as follows to wit five for one thousand each payable in AD 1837. AD 1838. AD 1839 AD 1840 & AD 1841 and one note for six thousand nine Hundred & four Dollars payable in AD 1842 all on annual interest & said notes each becoming due on the first day of June in each year and the said Smith & thereupon on the same day with their respective wives to wit, wife of said Joseph, wife of said & wife of said conveyed to your the aforesaid lands as above described and with the further description as being the same lands that day as aforesaid conveyed by your to said Joseph, and by their deed of that date duly executed & delivered in fee simple, but subject nevertheless to a condition of on the payment of the aforesaid notes as they respectively became due, as by a copy of said mortgage hereto attached marked “A” and made part of this Bill and by the Record thereof by your caused to be made on the thirteenth day of October AD 1836 in the Geauga County Records of Deeds Book V pages 367 & 368 & by said original mortgage now ready in Court to be shewn will fully appear, your further represents that no part of said notes or of either of them was at the times respectively limited in that behalf by means whereof the legal Estate in said premises became vested in your redeemable nevertheless in equity on the payment of the amount due and to become due on said notes and mortgage, that said notes being due and unpaid your has repeatedly applied to them and requested them to pay the same which they have hitherto wholly neglected and refused. Your further represents that one of said claims as your is informed & believes some interest in said premises derived from said mortgages <​mortgagors​> or some one of them. since said mortgage was as aforesaid duly executed & Recorded. Your further represent that the follow [p. 106]ing persons claim to have recovered judgments against one or more of said mortgagors since said mortgage was executed & recorded which said judgments they claim are liens upon said premises subject to your s said Mortgage to wit. of the City of in the State of . . . . Jonathan Leavitt, Charles A Lord. , of said City of . of , New York Thomas Underwood, , Asa Spencer & Samuel Hufty of in the State of . of of the State of of in said County of Lake— & said of said — The Cuyahoga Steam Furnace Company. of in the County of Cuyahoga and of Madison in said County, and said as Administrator of Claudius Stannard Jr & that said judgment in favor of said Underwood , Spencer & Hufty has been assigned to one of said — your therefore prays that all the above named persons be made Defendants to this Bill— that the writ of Subpoena may be issued against them, that they may each answer the premises— that an account may be taken of what is due your on said notes & mortgage & that on the final hearing of this cause said mortgaged premises may by a decree of this Court be ordered to be sold and the proceeds thereof be applied in satisfaction of the amount found due your as aforesaid and for such other & further relief in the premises as equity and good conscience may require, and your will every pray &c.
P & R Hitchcock & Wilder for [p. 107]