Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-19
BACKUs & NOBLE,

4 ~
| IN ants, Esther Brennan, Lawrence LAWN, Ed
i ward Dushane, Catherine Dushane, Edward Sa-
/ 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 ssid Law
! renee LAWN executed and delivered to the Plain
Il tiff his note or bond under seal, March 9Th, 1S63
/ promising to pay the Plaintiff 81 200 with inter-
/ est at ten per cent per snnum, and with his wife,
i Mary Lawn, on the same day executed and de-
/ lvered to Plaintiff mortgage deed as security
L 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. WOosey's subdivision Of lots number
l63 to l67, and of parts Of lots l56 to 1872 all In
elusive, of the original city or two acre lots, and
and bounded as follows Beginning at point
66feet north Of the Intersection OF Chestnut and
/ MuirsOn streets, thence northeTly along the
casterly line Of Murson street, one cham
/ TO a stake marked s. p, S3- thence
/ street and parallel with Chestnut street
/ two chains to 8 stake-thence at right angles
/ with the last mentioned line one chain south
/ Wardly-thenee westwardly on the line flot 81
/ to the place Of beginning, oe the same more or
/ less which mortgage deed is recorded in Cuya-
/ hoga county Records, volume 50, pages 239, 240
and 24l; that said Jennett Belts fled her peti-
| ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas Of
/ Cuyahoga county, Ohio, February 1st, 1853, rep
resentng therein that said mortgage was the lst
L lel on shlQ PREMISES NlAL It's eOuQlLOn lhQ
been broken by said LAWNS failure to pay said
note, which it was given 70 secure, that said La
wins owed her 81 90 with interest at 10 per cent.
| from March sth, 1853, and asking account to be
/ taken Of her said clam, that she might have
l Judgment for the amount found due her, that
said premises might be sold and the proceeds
/ applied on her SAID debt, and the priorites 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 bad taken account Of plaintiffs claim
and heard the proofs, gave the Plaintih Judgmen
| for S2,O9l 70, and costs, and ordered said prem
! ises to be sold to apply thereon that sait.
sale took place as ordered and in accordance
with the law, February 4th, 1850; said premises
being sold TO plaintiff for s86s, and 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-
vered to plaintiff on the 18th Of March, 1850, by
Henry G.. abby, Master Commissioner Of said
Court, and is recorded in CuyshOgs County Rec
ords, volume los, pages Al and AZ; that plain
tiff took possession of said premises under said
deed, has retained lt ever since, and still re-
mains in peaceRble possession thereof; and said
petition goes on to state that after the date Of
said mortgage deed from said LAWNS to the plain
tff and prior to the proceedings above recIted,
to wit, August 13, 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 same 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 S39 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-
queuee, after the termination Of the same, he
still claimed, and apparently possessed an inter-
est ia said premises adverse TO plaintiffs title
that said Brennan died in the spring Of 1853, as
plaintiff believes intestate, leaving as his heirs
st-laW the above named defendants Mary LAWN,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom said de-
eedents 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 heirs-at-aW are also the children
of sad 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 Slaier, respectively; and hat 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 asks that the defendants be required to
answer and set forth their interest in said prem
to pay cause to be paid to the plaintiff, within
time to be fixed by the Court, said sum Of s209li
Is with interest at 10 per cent. from said Feorua
~ 2lst, 1853, and said costs taxed SZ6O5r and IN
default Of said payment, that plaintiff may have
decree debarring the defendants forever from
redeeming said premises, and declaring them 70
have no farther estate or interest therein what
ever, and giving to plaintiff such further Teliefas
in the Judgment OF the Court IS equitable.
The defendants above notified are required TO
appear and answer on or before the 2Sth day Of
November, 1858, or said petition will be taken
against them as true.
BACKUS & NOBLE,
Sept 29-124 Plaintiffs Attorneys.
St. Ola.r-st. n. T. Chueh, Pli'f, Beforse "A BEN
ChaiIe, P. Bsvis, Dert tRs S9i Pescs ss;ss' 81 81
CloTeiand Township Cuyahogs county, Ohio.
ON THE 1OTH DAY OF OCTO-