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

  • Source Note
  • Historical Introduction

Document Transcript

The State of Ohio
Lake County ss. [scilicet]
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, & his wife and & 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] said sum of $16409.61 with interest thereon from the first date day of this Term to said , and that the balance he bring into Court, which said premises are described as follows, to wit, situate in being Township no nine (9) Range of Townships of the in the State of and which was formerly in the County of but now in the County of Lake and known as Lot thirteen (13) and parts of twelve (12) and fourteen (14) in tract number two and is bounded as follows to wit, beginning at the South west corner of land then owned and occupied by Ebenezer Jennings then East on said Jennings line to lands owned by Mr Hyde— thence South on said Hydes line to Lot No thirteen, thence east and south by said Hyde to the public Highway then Southwesterly & westerly along said Highway to the meeting House Lot, thence northerly to the line of Lot number 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 and four hundreths of an acre. We therefore command you that you expose to sale the above described premises under the Statute regulating sales on execution and that you apply the proceeds of said sale in satisfaction of said damages costs interests &c as above specified and that you certify your proceedings herein to our next Court of Common Pleas, and bring this order with you on the first day of the Term.
Witness Clerk of our said Court at this 23d day of April AD 1844.
[. . .]
The State of Ohio
Lake County ss.
service & Return, 35
Sum appraisers 1.00
appraisal 75
Copy 75
notice to Printer 25
Printers fees 3.00
Travel 55
this return 50
appraisers fee 1.50
In Obedience to the command of this order of Sale on the 27th day of April 1844 caused the within described lands and tenements to be appraised by the oaths of . Alfred Morley & L I Waite these three respectable and disinterested freeholders of said County who returned to me under their hands and seals that they appraised said land and tenements upon actual view of the premises at two thousand three Hundred & seventy six Dollars, a copy of which said appraisment was duly filed in the s Office for the County of Lake and having duly advertised the said lands and tenements for sale by publication in the Painesville Telegraph a paper of general circulation in said County for thirty days previous to the day of sale, and afterwards to wit, on the 11th day of June 1844 in pursuance of said notice proceeded to offer said Lands and tenements for sale at public auction at the Court House in the town of in said County between the [p. [176]] hours of ten Oclock AM. and four Oclock. PM of said day and the same was then and there sold and struck off to the Plaintiff in Execution at and for the sum of fifteen Hundred and eighty four Dollars he being the highest and best bidder and that being two thirds the appraised value no money paid over to me.
L[uther] P. Bates Sheriff.
[. . .]
Interest from March 12, 1844.
Decree $16409.61
Costs 27.57
Respt " 6.09
This order 1.50
Sale approved & deed ordered. [p. [177]]


  1. 1

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  2. 2

    TEXT: Explanatory text separates the following notations, presumably copied from the verso of the original document, from the copied body text. The notations copied below are not necessarily a complete representation of all the text on the verso of the original document.