Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-02
sept24:123

Ouyshoga county 1on 70 quiet Title.
Jennett Belts, plaintiff,
Esther Brennan, Law
renee LAWN, Mary
Lawn, Edward DU-
shane, Catherine Du-
shane, Edward Sis
ter, Bridget Slater,
Elizabeth Brennan
and lAnn Brannan,
defendants.
N0TICE.-The above named defend
IN ants, Esther Brennan, Lawrence LaVin, Ed
ward Dushane, Catherine Dushane, Edward Sia-
ter. Bridget Slater, EhzabSth Brennan and Ann
Brennan will take notice that the Plaintiff has
| fled her petition in the Court Of Common Pleas,
in said county, against them and said Mary La
win, stating therein as follows, that said Law
renee Lawn executed and delivered to the Plain
tiff his note 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-
lYered to Plaintiff q 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 50 in the map of
John NJ. Woolsey's subdivision Of lots number
l63 to 167, and Of parts Of lots 156 to 162 all in
elusive OF the original city or two acre lots, and
and bounded as follows Beginning at q point
| 66feet north Of the intersection ofChestnut and
Mulrson streets, thence northerly along the
/ casterly line Of Muirson street, one chain
to stake marked 8. 81, So thence
easterly at right angles with Muirson
street and parallel with Chestnut street
| two chains to a 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, be the same more or
less; which mortgage deed is recorded in Cuya-
hogs county Records, volume 6S, pages 239, 24O
/ and 24li that said Jennett Belts fled her petit
ton against said Lawrence and Mary LAWN,
among others, in the Court Of Common Pleas Of
Cuyshoga county, Ohio, February Ist, 1859, rep
resentlng thereln that SAID mortgage was the lst
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 st 10 per cent
| from March 9Th, 1858, and asking account to be
| taken Of her SAID claim, 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 priortes 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 judgmen
/ for SZ,O91 TO- and costs, and ordered said prem
ises to be sold to apply thereon that salt.
/ sale took place 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, 1850, 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 AZ; that plain
/ tin 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 reclted,
to wit, August Is, 1858, said Lawns conveyed by
warranty deed their interest in said premises to
Patrick Brennan, who then received the legal
title thereto and retained the till his death,
and that he hold it ct the tinao sold proceedings
aDoye reclted took place IN said Court; which
volume 81, pages S3s and $40; that BY some over
/ sight, said Patrick Brennan, who was anecessary
party to said proceedingsin in Court aboVe related,
was not made party thereto and that, In eonse-
ouence, after the termination Of the same ne
still claimed, and apparently possessed an inter
est in said premises adverse 10 plaintiffs title
that said Brennan died in the spring Of 1858, as
plaintiff believes intestate, leaving his heirs
/ at-lsW the above named defendants Mary LAWN,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
| cedents interest in said premises, whatever It
might be, descended, and in whom it now rests,
subject however, 10 the dover interest Of said
/ defendant Esther Brennan, widow Of said dece-
dent; that sad heirs-stlsE are also the children
| OF said deeedentl and are OF null age, and Lnat
said defendants, Lawrence Lawn, Edward Du-
| shane, and Edward Slater, are husbands Of SAID
/ defendants, Mary LAWN, Catharine 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 due the
/ plaintiff from said defendant Lawrence Lawn, by
/ said Court as aforesaid which debt still remains
unpaid, far as twas not satisfied by the sale to
| plaintiff Of the mortgaged premises; and said
petition asks that the defendants be required 70
answer and set forth their interest in said prem
Ises, that they or some one Of them be ordered
to pay or cause to be paid to the plaintiff, within
time TO be fixed by the Court, said sum Of S2O9l,
10 with interest at 10 per cent. from said Februs-
~ 2lst, 1853, and said costs taxed S2606, and in
default Of said payment, that plaintiff may have
decree debsrring the defendants forever nom
redeemlng SAID premises, and declarlng theLn e
have no farther estate or interest therein what
ever, snd giving to plaintiff such further relief 50
/ in the Judgment offhe Court IS equitable.
The defendants above notified are required 70
appear and answer on or before the 18th day Of
| November, 1858, or said petition WI be taken
BACKUs 4 NOBLE,
Sept. G9:l24 PLAINTIFF Attomeys.