Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-02

STATE OF OHIO, l a. In Common Pless-Ac-
Cuyahoga County, So ton to Quiet Title.
Jennett Belts, plaintiff,
against
Esther Brennan, Law
renee LAWN, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sia-
ter, Bridget Slater,
Elizabeth Brennan
and Ann Brannan,
defendants.
NOTICE.-The above named defend
ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushme, Catherine Dushane, Edward Sla-
ter, Bridget Slater, Elizabeth 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
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 annun, and with his wife,
Mary LAWN, on the same day executed and de-
liVered to Plaintiff mortgage deed as security
for said note OF 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. Wooisey's subdivision Of lots number
l63 to l67, and Of psrts Oflo l56 to 162, al IN
elusive, ofthe original city or two acre lots, and
and bounded as follows beginning at q point
66feet north Of the intersection Of Chestnut and
Muirsou streets, thence northerly along the
casterly line of Muirson street, one cham
to a stake marked S. 81, 80 thence
sasterly at right angles with Muirsoa
street and parallel with Chestnut street
two chains TO a stake-thence ct 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 24l; that said Jennett Belts fled her petit
ton sgainst said Lawrence and Mary Lawn,
Of
Cuyahoga county, Ohio, February LIST, 1859, 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 200 with interest at 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 priorines 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 Judgment
for S2,09I IS, and costs, and ordered said prem
ses to be sold to apply. thereon; that said
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, 1850, and deed ordered
to be given plaintiff, which was executed and de-
liYered to plaintiff on the 18th Of March, 1850, by
Henry G. Abby, Master Commissioner Of said
Court, and is recorded 10 Cuyahoga 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 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
md raF Nha hraA
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 SlOi that by some over
sight, said Patrick Brennan, who was necessary
party to seid proceedings in Court above related,
was not made party thereto and that, in conse-
quence, after the termination Of the same, he
still claimed, and apparently possessed an inter-
est 10 said premises adverse to plaintiffs 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,
CathArine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
cedent's interest in said premises, whatever 1t
might be, descended, and in whom it now rests,
subject however, TO the dover interest Of said
defendant Esther Brennan widow Of said dece-
dent; that SAID heirs at-lRW are also the children
of said decedent, and are Of full age, and that
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 so far as it was not satisfied by the sale to
plaintiff Of the mortgaged premises and said
petition as Ks 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 or cause to be paid to the plaintiff, within
time to be fixed by the Court, said sum Of S2O9l,
75 with interest at 10 per cent from said Februa-
~ 2lst. 1859, and said costs taxed S26O5, and in
default Of said payment, that plaintiff may have
q decree declaring the defendants forever from
redeeming 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 defendants above notified are required 70
appear and answer on or before the 2sth day Of
November, 1868, or said petition Will be taken
against them as true.
BACKUs & NOBLE,
Sept. 2s:i24 Plaintiffs Attorneys.