Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-03

QelenuauLS.
NOTICE.-The above named defend
~ ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine DushaneI 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 follows, that said Law
renee LAWN executed and delivered to the PLAN
tiff his note OF bond under seal, March 9Th, 1868,
promising to pay the Plaintiff 81, 200 with inter
est at ten per cent per annum, and with his vie,
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 SO in the map OF
John NJ. WOolsey's subdivision Of lots number
l63 to l67, and fParts OF lots loo to 49, au IN.
elusive, OF the original city or two acre lots, and
and bounded as follows beginning at point
Sc feet north of the intersection ofChestnut and
MuirsOn streets, thence nOrtheFy along the
casterly line of MuirsOn street, one cham
to a stake marked ). 81, 33-thenee
easteTly 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 81
to the place Of beginning, be the same more or
less which mortgage deed is recorded IN Cuya-
hOga county Records, volume 6S, pages z5S, Z4O
and 24I; that said Jennett Belts filed her petit
ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas Of
CuVunOga county OulOg feUIullEy AStf loJ9i Ad
resenting therein that said mortgage was the lst
lien on said premises, that its condition had
been broken by said LAWNS failure to pay sald
note, which it was given to secure, that said La
wins owed her 81 200 with interest at 10 per cent
from March 9th, 1858, 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 prioriues Of
liel therein determined ; that said Court at the
February term thereof, A. ID. 1853, after all the
defendants in said suit had failed to answer, and
the Court had taken account OF plaintiff 5 claim
and heard the proofs, gave the plaintiff Judgment
for S2,O9l IS, and costs, and ordered sad prem
ises to be sold to apply theTeoni that said
sale took place as ordered and IN accordance
with the law, February 4th, lsGO; SAID premises
being sold 10 plaintiff for SS68, 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-
livered 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
tiff took possession Of said premises under said
deed, has retained 1t ever since, and still re-
mains IN peaeeable 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 pTior to the proceedings above reeited,
to wit, August 13, 1853, said Lawns conveyed by
warranty deed their interest in said premises 70
Patrick Brennan, VINO then leeelYed the legal
title thereto and retained the same TIL MS 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 67, pages 339 and $40; that by some over
sight, said Patrick Brennan, who was anecessary
party to said 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 in said premises adverse to Plaintiff $ title
that said Brennan died in the spring Of 1863 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-
cedents interest in said premises, whatever it
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 heTs-at-laW 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, TespectiTe Tely; 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, 60 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 or cause to be paid to the plaintiff, within
time to be fixed by the Court, said sum Of S2O9l
70 with interest at 10 per cent. from said Februa-
ry 2lst, 1889 and said costs taxed S26.O6, and in
default of said payment, that plaintiff may have
n adecree debaTring the defendants forever from
redeeming said premises, and declaring them to
have no farther estate or interest therein what
ever, and giving 10 plaintiff such further reIefas
in the Judgment Ofthe Court IS equitable
The defendants above notified are required to
appear and answer on OF before the Zsth DAY OF
November, 1868, or said petition VIII be taken
7'''-'7' ''''--- BAOKUs & NOBLE,
Sept. 1914 Plaintiffs Attorneys.