Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-27
BACKUs & NOBLE,
Plaintiff s Attorneys.
In Common Pleas-Ac-
ton TO Quiet Title.

CuyShoga county, hon TO Quiet Title.
Jennett Belts, plaintiff,
against
Esther Brennan, Law
renee Lsvin, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sls-
ter, Bridget Slater,
q Elizabeth Brennan
and FAnn Brannsn
defendants.
NoIlCE.-Ths above ,.in|.lHg, in|.lAHRg,AfEdvarf 5li.
ward D1shane, es hsoiise Ft the Piaintf has
hled her petition 10 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
tiff his note or bond under seal, March 9th, 1858,
promising to pay the Plaintiff 81 200 with inter-
est at ten per cent per annum, and with his vile,
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 SO in the map OF
John NJ. Woolsey's subdivision Of lots number
163 to l67, and Of parts of lots l56 to 162, all in
elusive, of the original city or two acre lots and
and bounded as follows Beginning at q point
66feet Rorth Of the intersection OF Chestnut and
Muirson streets, thence nOrtherly along the
casterly line of MuirsOn street, one chain
to q stake marked 5. 81, So thence
easterly at right angles with Mulrson
street and parallel with Chestnut street
two chains to q stake-thence at right angles
with the last mentioned line one chain south
wardly-thence westwardly on the line of lot "a
TO the place Of beginning, De the same more or
less which mortgage deed is recorded in Cuya-
hoga county Records, volume 6S, pages 239, 24O
and 24l T; that said Jennett Belts filed her petit
ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas or
Cuyahoga county, Ohio, February lst, 1858, rep
resenting therein that said mortgage was the LIST
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, 1853 and asking account TO be
taken OF her said 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 priOrltles OF
| lien therein determined; that said Court, at the
| February term thereof, A. d. 1859, after all the
defendants in said suit had failed TO answer, and
| the Court had taken account of plaintiffs claim
/ and heard the proofs, gave the plaintiff JudgmeB
| for 32,09l 10, and costs, and ordered said prem
| lses to be sold to apply thereonj that salt
| sale took place as ordered and in accordance
| with the law, February 4th, 1850; said premises
| being sold to plaintiff for SS6S, and was re-
| turned to said Court and approved by the same
| at the February Term, 1860, and deed ordered
to be given plaintiff, which was executed and de-
livered to plaintiff 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 442; that plain
| tiff took possession of said premises under said
/ deed, has retained It ever since, and still re
| mains in peaceable possession thereof; and sale
| petition goes on to state that after the date o
said mortgage deed from said Lawns to the plain
| tiff, and prior to the proceedings above recited
to wilt, August l3, 1853, said Lawns conveyed By
warranty deed their interest in said premises Z
Patrick Brennan, who then received the lega
title thereto and retained the same till his death
| and that he held il at the time said proceeding
| above recited took plsce in said Court Whicl
deed is recorded in Cuyahoga County Records
| volume 67, pages 339 and $40 that by some over
! sight, said Patrick Brennan, who was anecessar,
party to said proceedings in Court above related
was not made party thereto and that, IN eonse
| quence, after the termination of the same, b.
| still claimed, and apparently possessed an inter
| est in said premises adverse to plaintiff title
that said Brennan died IN the spring Of 1853, a
plaintiff believes intestates leaving rs his heirs
st-laW the above named defendants Mary LAWN
Catharine Dushane, Bridget Slater, EiiEabetl
| Brennan and Ann Brennan, upon whom said de
cedents interest in said premises, whatever
might be, descended, and in whom 1t now rests
subject however, to the dover interest Of SAT-
defendant Esther Brennan, widow Of said dece
dent; that SAID heirs -at-law are also the childrel
Of said decedent, and are of mll age, and tina
said defendants, Lawrence Lawn, Edward Du
shane, and Edward Slater, are husbands Of sait
defendants, Mary LAWN, CathRrine Dushane AM
Bridget Slater, respectively; and that none o
| said defendants have any valid claim or lnteres
| in said premises except the right to redeem tn
same by paying in full the debt found due tn
plaintiff from said defendant Lawrence Lawn, b.
| SAID court as Aforesaid WLlcn QeDG stlll REMAIN
unpaid, so far as it was not satisfied by the sale d
plaintiff Of the mOTtgaged PREMISES and sal'
petition asks that the defendants be required 4
answer and set forth their interest in said prem
lses, that they or some one of them be orderet
to pay or cause to be paid to the plaintiff within
time to be fixed by the Court, said sum of S209l,
rs with interest at 10 per cent. from said Februa
~ 2Ist, 1859, and said costs taxed S26.05, and i
default Of said payment, that plaintiff may hsv
decree declaring the defendants forever from
redeeming said premises, and declaring them Z
have no iarther estate or interest therein what
ever, and giving 10 plaintiff such further relief g
in the judgment Ofthe Court Is equitable.
The defendants above notified are required b
appear and answer on or before the 2sth day c
November, 1863 or said petition will be takel
against them as true. ~ -
/ BACKUS & NOBLE .
/ Sept. 29:I24 Plaintiffs Attorneys