Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-21

NOTICE.-The above named defend
ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward Sls-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan will take notice that the Plaintiff has
filed her petition N the Court of Common Pleas,
IN sad county, against them and said Mary La
vlns stating therein IS follows, that said Law
renee LAWN executed and delivered to the Plain
TIN his note or bond under seal, March 9th, 1853,
promising to pay the Plaintiff 81, 200 with inter-
est At ten per cent per annum, and with his wife,
Mary Lawn, on the same day executed and de-
lYered to Plaintiff mortgage deed as security
for said note or bond, on the following described
premises:
Situate ia Cleveland township in said State of
OhloI and known as lot number 50 in the map Of
John NJ. WoOlsey's subdivision Of lots number
l63 to lot, and OF parts oflots l56 to Is2 all in
elusive, fthe original city or two acre lots, and
and bounded as follows Beginning at a point
66feet north Of the intersection Of ofChestnut and
hulTson Streets thence nOrtherly along the
easterly line Of Muirson street, one chain
to stake marked 8. 80, 80 - thence
easteriy at right angles with Muirson
street and parallel with Chestnut street
two chains to stake-thenee at right angles
with the last mentioned line one chain south
Tardly-thsnce WestWardly on the line Of lot "a
70 the place Of beginning, be the same more or
less; which mortgage deed is recorded in Guya-
hoga county Records, volume 6S, pages 239, 240
and 24l; that said Jennett Belts fled her petit
ton against said Lawrence and Mary LAWN,
among others, in the Court Of Common Pleas Of
resenting therein that said mortgage was the LIST
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 81 100 with interest at 10 per cent
from March 9Th, 1883, 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 priorites Of
lien therein determined; that said Court, st the
February term thereof, A. D. 1853, 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 judgmen
for S2,O9l rs, aud costs, and ordered SAID prem
ises to be sold to apply thereon that salt.
sale took place as ordered and in accordance
with the law, February 4th, 1850; said premises
being sold TO plaintiff for SS6s, and was -
turned 70 said Court and approved BY the same
at the February Term, 1850, and deed ordered
70 be given plaintiff, which was executed and de-
hyered to plaintiff on the 18th Of March, 1850, 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 it 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
th and prior to the proceedings above reeited,
to Wit, August Is, 1855, 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 be held il 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 anecessary |
party to said proceedingsin 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 1858, as
plaintiff believes intestate, leaving as his heirs
at-laW the above named defendants Mary LAWN, /
Cathsrine Dushane, Bridget Slater, Elizabeth |
Brennan and Ann Brennan, upon whom sald de- |
sedents interest in said premises, whatever it /
might be- descended, and in whom It now rests, /
subject however, 70 the dover interest Of said Il
defendant Esther Brennan, widow Of said dece-
ientj thai SAID heirs-at-laW also the children
u said deeedent, and are Of null age, and that |
said defendants, Lawrence LAWN, Edward Du-
name, and Edward Slater, are husbands Of said
Mary Lawn, Cstharine Dushane and
3ndget Slater, respectively; and that none Of
aid defendants have any valid claim or interest
n said premises except the right to redeem the
anne by paying, in full the debt found due the
,lantih from said defendant Lawrence Lawn, by
aid court as Aforesaid, which debt still remains
lnpsd, so far as twas not satisfied by the sale to
plaintiff Of the mortgaged premises and said
'etltlOn asks that the defendants be required to
nsTer and set forth their interest in said prem
5es, that they or some one Of them be ordered
o pay or cause 70 be paid 70 the plaintiff, within
time to be fixed BY the Court, said sum Of s2O9I,-
with interest at 10 per cent. from said Februa-
y 2lst, 1853, and said costs taxed S2B.06, and in
elault OF sad payment, that plalnun may nave
decree debarring the defendants forever from
edeeming said premises, and declaring them 70 ! /
ave no farther estate or interest therein what ,
yer, and giving 10 plaintiff such further reliefas
! the Judgment ofthe Court rs equitable. ID
The defendants above notified are required to |
ppear and answer on or before the 2sth day Of /
oyember, 1903 or said petition viii be taken ,
gainst them as true.
-- BACKUS q NOBLE, !
Sept 29:I24 Plaintiffs Attorneys.
]. Olafr-st nj N Ch1rch PItIf 1 Before a n Ben-
ham, Justice OF i [
Charlel P. Davis Deft the Peace Of
eyelnnd Township. Cuysboga county, Ohio.
IN THE 10Th DAY OF OCTO-