Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-07
sept2l:123
In Common Pleas-Ae-
ton 10 Quiet Title.

against
Esther Brennan, Law
renee LAWN, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sla-
ter, Bridget Slater,
Elizabeth Brennan
and Ann Brannan,
defendants.
N0TICE.-The above named defend
ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward Sla-
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
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, 1858,
promising 10 pay the Plaintiff Sl,2OO 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 a 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 % in the map Of
John N. WOOlsey's subdivision Of lots number
l63 to l6i, and OF parts oflots l56 to l62 all IN
elusive, Of the original city or two acre lots and
and bounded as follows beginning at point
66feet north Of the intersection ofChestnut and
MuirsOn streets, thence northerly along the
easterly line Of Muirson street, one cham
to a stake marked 5. 81, 33-theuee
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 cham 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 25g, ziO
and 24l that said Jennett Belts iled her peti-
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 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 at 10 per cent
from March 9th, 1853, 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 sand debt, and the prOrueS 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
and heard the proofs, gave the plaintiff judgment
for SZ,09l IS, and costs, and ordered SAID prem
ises to be sold to apply thereon; that SAID
sale took place as ordered and in accordance
with the law, February 4tn, 1850; said premises
being sold 10 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-
lvered to plaintiff on the 18th Of March, lsG0, by
Henry G.. Abby, Master Commissioner of said
Court, and is recorded in Cuyahogs County Rec
Ords, volume los, pages Al and 442 that plain
TIFF took possession Of said premises under SAID
deed, has retained 1t ever since, and ssil 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
tltf, and prior to the proceedings above reelted,
to wit, August l3, 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 till his death,
and that he held it at the time said proceedings
above recited took place in said Court; which
deed Is recorded in CuyahOga County Records,
volume 81, pages 339 and $40; that By some over
afohf aofh Rrannnm n u a n
party 70 said proceedings in Court above related,
was not made party thereto and that, in cOnse-
quenee, after the termination Of the same, he
still claimed and apparently possessed an inter-
est in said premises adverse to PLAINTIFF title
that said Brennan died in the spring Of 1868, as
plaintiff believes intestate, leaving as his heirs
at-laW the above named defendants Mary Lawn,
Cataarine 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, TO the dover interest Of said
4 lendant Esther Brennan, widow of said dece-
dent; that said heirs st-lsW are also the children
OF said decedent, and are Of full age, and that
said defendants, Lawrence Lawn, Edward Du-
snane and Edward Slater, are husbands of said
defendants Mary LAWN, Cathsrine Dushane and
Bridget S4alerI respectively; and that none Of
saiu defendants nave any valid claim or interest
in said premises except she right to redeem the
same by paying in full the deOt found due the
plaintiff from said defendant Lawrence Lawn, by |
said Court as aforesaid, which debt still remains
unpaid, so 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 be ordered |
to pay cause to be paid to the plaintiff, within
a time to be fixed by the Court said sum Of SzO9l,-
rs with interest at 10 per cent from SAID Februa-
~ 21st, 1859, and said costs taxed S2605, and In
default Of said payment, that plaintiff may have
a decree debarring the defendants forever from /
said premises, and declaring them to Il
have no farther estate or interest therein what
ever, and giving to plaintiff such further reliefas
in the judgment o the Court Is equitable
The defendants above notified are required to
appear and answer on or before the 2sth day Of i
November, 1868, or said petition will be taken
BACKUs & NOBLE,
Sept 29:I2A Plaintiffs Attorneys.