Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-05

NOTICE.-The above named defend
L ants, Esther Brennan, Lao ence LAWN, Ed
ward Dus hane, Catherine Dushane, Edward SIa-
ter, Bridget Slater Elizabeth Brennan and Ann
Brennan will take notice that the Plaintiff has
filed her petition in the Court Of Common Pleas,
10 said county against them and said Mary Ls-
Vln' stating therein as follows, that said Law
renee Lawn executed and delivered to the PLAIN
tlf his note or bond under seal, March 9th, 1868,
promising 10 pay the Plaintiff 81 30 with inter-
est at ten per cent per annum, and with his wife,
mary Lawn, on the same day executed and de-
nYered TO Plaintiff q mortgage deed as security
for sad note or bond, on .he following descriDed
premises:
Situate in Cleveland township in said State Of
OHIO, and known as lot number 50 in the map Of
John N. Woolsey's subdivision OF lots number
lG3 TO l61, and OF lrts OF lots l56 to 162 al in
elusive, OF the original city or two acre lots, and
and bounded as follows beginning at point
o6teet north Of the Intersection OF OfChestnut and
muiTson streets, thence nOrtherly along the
casterly Line OF MulrsOn street, one cham
TO stake marked 3. 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-
WaFdly-thence westwsrdly on the line Of lot "a
TO the place Of beginning, re the same more or
less which mortgage deed il recorded in Cuya-
hoga county Records, volume 6s, pages 239, 24O
Rnd "a that SAID Jennett Belts filed her petit
| ton against said Lawrence and Mary LAWN,
among Others IN the Court OF Common Pleas OF
Cuyshoga county, Ohio, February lst, 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 hlch It was gwen to secure, that said La
WINS owed her 81 80 with interest at 10 per cent
from March 9Th, 1885, 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 priOritles Of
hen therein determined; that said Court, At the
February term thereof A. D. 1859, after all the
nfn in kaN E6TIa a
the Court had taken account OF plaintiffs claim
and heard the proofs, gave the plaintiff judgmen
| for S2,O9l 20, ald costs, and ordered said preH
| ises to be sold to apply thereon that salt.
/ sale took place as ordered and in accordance
with the law, February 4ih, 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 a deed ordered
to be given plaintiff which was executed and de.
lvered to plaintiff on the 18th OF March, 1867, by
/ Henry G.. Abby, Master Commissioner Of said
/ Court, and Is recorded n Cuyahoga County Rec
ordss volume lO5, pages 81 and AZ; 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 o.
said mortgage deed from said Lawns to the plain
/ tit,, and PRIOR to the proceedings above recIted
/ to wit, August l3, 1853, said LAWNS conveyed BY
warranty deed their interest in said premises "a
/ Patrick Brennan, who then received the legal
title thereto and retained the same till his desth
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.
sight said Patrick Brennan, who WAS ecessary
party 10 said proceedings IN Court above related
/ was not made party thereto and that, in conse
ouence, after the termination Of the same, hG
still claimed, and apparently possessed an inter.
/ est in said premises adverse to plaintiffs title
/ that said Brennan died in the spring Of 1868, as
plaintiff believes intest9te, leaving as his heirs
/ st-lsH the above named defendants Mary Lawn
| CathRriue Dushane, Bridget Slater, Elizabeth
Brennan and Ann brennan, upon whom SAID de-
| csdents interest IN said promises, whatever Il
/ might be, descended, and in whom it now rests
| subject however, 10 the dover interest OF salC
/ defendant Esther Brennan, widow Of said deoe
dent that SAID heirs at-laW are also the children
/ OF said decedent, and are Of mll age, and tina
| said defendants, Lawrence Lawn, Edward Du
! snane, and Edward Slater, are husbands OF sslC
/ defendants, Mary Lawn, Catharine Dushane anC
| Bridget Slater, respectively; and that none o
| said defendants have any valid claim or interes
in ssid premises except the right 70 redeem th'
| same by paying in full the debt found due th'
/ plaintiff from said defendant Lawrence Lawn, by
| ssid Court Aforesaid, which debt still remain.
unpaid, far IS it WAS not satisfied by the sale K
| plaintiff Of the moTtgaged pFemisss; and sale
petition asks that the defendants be required t
| answer and set forth their interest in said prem
| lses, 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,
IS with interest at 10 per cent. from said Februa
~ 2lst, 1859, and said costs taxed S260j, and il
| default Of said payment, that plaintiff may havi
| decree debarring the defendants forever from
| redeening said premises, and declaring them L
have no farther estate or interest therein what
ever, and giving to plaintiff such further relief q
! in the judgment ofthe Court Is equitable.
The defendants above notified are required t.
| appear and answer on or before the 2Sth day o
| November, 1858, or said petition viii be takoi
'-'''' ''i'''' : '' BACKUs 4 NOBLE,
| Sept. 29:I24 Plaintiffs Attorneys.
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