Order of Sale, 23 April 1844 [Russell v. JS et al.]

  • Source Note
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The State of Ohio
Lake County ss. [scilicet]
seal
To the Sheriff of said County. Greeting.
Whereas at the March Term of the Court of Common Pleas held at in and for said County on the 12th day of March AD 1844. obtained a decree against Joseph Smith Jr. and others for the sum of sixteen thousand four Hundred nine Dollars & sixty one cents, and the costs of suit taxed at twenty seven Dollars and fifty seven cents, and it was decreed as follows to wit. this cause came on to be heard upon the Bill of said the exhibits & testimony & the Respondents still failing to appear plead answer or demur to said Bill it is ordered that the same as to them be taken as confessed and the Court being fully advised in the premises do find the law and equity of the case with said that said Joseph Smith Jr. & did make execute & deliver to said their six notes and that to secure the payment thereof they the said Joseph Smith Jr & his wife, & Thirza [Stiles] Cahoon his wife and & Abigail [Pettingill] Bump his wife did make execute and deliver to said their mortgage of said premises as is in said Bill stated and that there is due to said on said notes and mortgage on the first day of this Term the sum of $16409.61, the Court do therefore order adjudge and decree that said Joseph Smith Jr & within thirty days from the rising of this Court at its present Term pay to said said sum of $16409.61, with interest thereon from the first day of this Term together with the costs of this suit and in default of such payment that the Sheriff of said County proceed and cause said mortgaged premises to be appraised advertised and sold as upon judgments at Law, and that from the proceeds thereof he pay first the costs of this suit, second [p. 175]
The State of Ohio
Lake County ss. [scilicet]
seal
To the Sheriff of said County. Greeting.
Whereas at the March Term of the Court of Common Pleas held at in and for said County on the 12th day of March AD 1844. obtained a decree against Joseph Smith Jr. and others for the sum of sixteen thousand four Hundred nine Dollars & sixty one cents, and the costs of suit taxed at twenty seven Dollars and fifty seven cents, and it was decreed as follows to wit. this cause came on to be heard upon the Bill of said the exhibits & testimony & the Respondents still failing to appear plead answer or demur to said Bill it is ordered that the same as to them be taken as confessed and the Court being fully advised in the premises do find the law and equity of the case with said that said Joseph Smith Jr. & did make execute & deliver to said their six notes and that to secure the payment thereof they the said Joseph Smith Jr & his wife, & Thirza [Stiles] Cahoon his wife and & Abigail [Pettingill] Bump his wife did make execute and deliver to said their mortgage of said premises as is in said Bill stated and that there is due to said on said notes and mortgage on the first day of this Term the sum of $16409.61, the Court do therefore order adjudge and decree that said Joseph Smith Jr & within thirty days from the rising of this Court at its present Term pay to said said sum of $16409.61, with interest thereon from the first day of this Term together with the costs of this suit and in default of such payment that the Sheriff of said County proceed and cause said mortgaged premises to be appraised advertised and sold as upon judgments at Law, and that from the proceeds thereof he pay first the costs of this suit, second [p. 175]
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