Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-17

| N0TICE.-The above named defend
| i ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward SlaN
| ter, Bridget Slater, Elizabeth Brennan and Ann
/ Brennan will take notice that the Plaintiff has
/ filed her petition In the Court Of Common Pleas,
/ IN said county, against them and said Mary La
| vim, stating therein as follows, that said Law
renee Lawn executed and delivered to the Plain
tlh hisnO or bond under seal, March 9th, 1853,
promising to pay the Plaintiff 81, 200 with inter-
/ est at ten per cent per annum and with his wife,
/ Mary LAWN, on the same day executed and de-
/ livered to Plaintiff mortgage deed as security
for said note or bond, on the following described
/ premises:
Situate in Cleveland township in said State Of
OHIO, and known as lot number 80 in the map Of
i John NJ. WOolsey's subdivision Of lots number
l63 TO l67, and Of parts OflOs l56 to l62, all in
elusive, Ofthe original city two acre lots, and
and bounded as follows beginning at a point
66feet north Of the intersection Of Chestnut and
/ Muirsou streets, thence northerly along the
| casterly line Of Muirson street, one cham
to stake marked S. 81 81 thence
easteETly easter 2 st Tight angles with hGiIso9 l1S1
/ two chains to q stake-thenee st right angles
with the last mentioned line one chain south
Wardly-thence WestWardly on the line OF lot "a
| TO the place Of beginning be the same more or
less; which mortgage deed is recorded in Cuya-
hOga county Records, volume 6s, pages 239, 24O
and 2il that SAID Jennett Belts filed her petit
ton against said Lawrence and Mary Lawn,
among others, in the Court OF Common Pleas Of
Cuyahoga county, Ohio, February lst, 1853, rep
resenting therein that said mortgage was the 1st
lien on said premises, that its condition had
been broken by said LAWNS failure to pay said
note, which it was given to secure, that said La
wins owed her 81 200 with interest at 10 per cent
from March 9Th, 1883, and asking account to be
taken Of her sad clam, that she might have
Judgment for the amount found due her, that
said premises might be sold and the proceeds
applied on her said debt, and the priorites Of
lien therein determined I; that said Court, at the
February term thereof, A. ID. 1859, after all the
defendants IN
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff judgmen
for S2,O9l 75Y and costs, and ordered said prem
lses TO pc sold to apply thereon that SAT-
sale took place as ordered and in accordance
with the law, February 4th, 1S60i said premises
being sold to plaintiff for ss6s, and was re-
turned to said Court and approved by the same
at the February Term, 1880, and deed ordered
to be given plaintiff, which was executed and de-
iyered to plaintiff on the 18th Of March, 1850, by
Henry G. Abby, Master Commissioner Of said
Court, and is recorded in CuyahOga County Rec
ords, volume los, pages Al and 40 that plain
tiff took possession Of said premises under said
deed, has retained 1t ever since, and still re-
mains in peaceable possession thereof; and said
petition goes on to state that after the date Of
said mortgage deed from said Lawns to the plain
tiff, and prior to the proceedings above recited,
to wit, August Is, 1853, said Lawns conveyed BY
warranty deed their interest in said premises to
Patrick Brennan, who then received the legal
title thereto and retained the same till his death,
and that he held it at the time said proceedings
deed is recorded in CuyahOga County Records,
volume 81, pages 339 and $40; that by some over
sight, said Patrick Brennan, who was aneeessary
party TO said proceedings in Court above related
was not made party thereto and that, in conse-
guenee, after the termination Of the same, he
still claimed, and apparently possessed an inter-
est In said premises adverse to plaintiffs title;
that said Brennan died in the spring Of 1868, as
plaintiff believes intestate, leaving his heirs
at-laW the above named defendants Mary LAWN,
Catharine Dushane. Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom sald de-
cedents interest IN said premises, whatever il
might be, descended, and in whom il now rests,
subject however, TO the dover interest Of said
defendant Esther Brennan, widow Of said dece-
dent; that sad heirs .st-law are also the children
OF said decedent, and are Of ull ege, and that
said defendants, Lawrence Lawn, Edward Du-
shame, and Edward Slater, are husbands Of said
defendants, Mary LAWN, Cstharine Dushane and
Bridget Slater, respectively; and that none Of
said defendants have any valid claim or interest
in said premises except the right to redeem the
same by paying in full the debt found dye the
plaintiff from said defendant Lawrence Lawn, by
said Court as Aforesaid, which debt still remains
unpaid 80 far as twas not satisfied by the sale to
plaintiff Of the mortgaged premises and said |
petition asks that the defendants be required to /
answer and set forth their interest in SAID prem
ises, that they or some one Of them ba ordered /
to pay or cause to be paid to the plaintiff within
a time to be fixed by the Court, said sum Of s209l,
IS with interest at 10 per cent. from said Februa
ry 2lst, 1859, and said costs taxed S2606, and in
default Of said payment, that plaintiff may have L
a decree debarring the defendants forever from /
said premises, and declaring them TO
have no farther estate or interest therein what
ever, and giving to plaintiff such further reliefas
in the judgment ofthe Court Is equitable.
The edeiepdsnts above notified are required to
ippear and answer on or before the 2Sth day Of |
November, 1868, or said petition will be taken
against them IS true.
BACKUS 4 NOBLE,
Sept. 29;12f Plaintiffs Attorneys.
j. Cla'r-st- NJ, 4 Church, Pin, BefOreG q BEN
J ham. Iusffcn Of
ChaIiet p. Davis, Deiit. the Peace Of /
-ieyeland Township OuyshOga county, Ohio.
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