Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-09

CuyAnoBa JOunty5J Won 70 Ltust 4ltle.
Jennett Belts, plaintiff,
against
Esther Brennan, Law
renee LAWN, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sla-
ter, Bridget Slater,
Elizabeth Brennan
and Ann Brannan,
defendants. ...-
N0TICE.-The above named defend
~ ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, 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 snd said Mary La
win, STAYING therein as follows, that said Law
renee Lawn executed and delivered to the PLAIN
tiff his note or bond under seal, March 9Th, 1868,
promising to pay the plaintiff 81 POO with inter-
est at ten per cent per annum, and with his wife,
Mary LAWN on the same day executed and de-
livered to Plaintiff 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
163 to 16T, and ofparts oflots I56 to 1872, all in
elusive, of the original city two acre lots, and
and bounded as follows beginning at q point
66feet north Of the intersection ofChestnut and
Muirson streets, thence nOrtherly along the
casterly line of Muirson street, one cham
to a stake marked 8. 81, 81 thence
easterly at right angles with Muirson
street and parallel with Chestnut street
two chains to stake-thence at right angles
with the last mentioned line one chain south
wardly-thence Westwardly on the line Of lot "a
to the place Of beginning, De the same more or
less which mortgage deed is recorded in Cuya-
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
Cuyahoga county, Ohio February lst, 1883, rep
resenting therein that said mortgage was the 1st
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 81 200 with interest at 10 per cent.
from March 9th, 1853, 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
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 S2,09l IS, and costs, and ordered said prem
ises 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 SS68, and was 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-
livered to plaintiff on the 18th Of March, 1850, by
Henry G. Abby, Master Commissioner of said
Court, and is recorded in Cuyshogs County Rec
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 wilt, August 13, 1853, said LAWNS conveyed by
warranty deed their interest in said premises 10
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 Ct, pages 339 and $40; that by some over
sight, said Patrick Brennan, who was unnecessary
party to said proceedingsin in Court above related
was not made party thereto and that, in conse-
quenee, 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 1868, as /
plaintiff believes intestate, leaving his heirs
at-law the above named defendants Mary Lawn, /
Catbarine Dushane, Bridget Slater, Elizabeth |
Brennan and Ann Brennan, upon whom SAID de- /
cedent's interest in said premises, whatever it |
might be, descended, and in whom it now rests, |
subject however, 70 the dover interest Of said /
j -lendant Esther Brennan widow OF said dece- |
dent; that SAID heirs. .Rt-law are also the children
oi said decedeni, and are Of mll age, and that /
said defendants, Lawrence Lawn, Edward Du-
,nane, and Edward Slater, are husbands of said /
leiendants, Mary LAWN, Catharine Dushane and /
Bridget Slater, respectively; and that none Of /
,aid defendants have any valid claim or interest /
n said premises except the right to redeem the l
Iame by paying in full the debt found due the
plaintiff from said defendant Lawrence Lawn, by
aid Court as aforesaid. which debt still remains
unpaid, far as it was not satisfied by the sale to
plaintiff Of the mortgRged premises and said
petition asks that the defendants be required to |
nsWer and set forth their interest in said prem.
ses, that they or some one of them bO ordered
o pay or cause to be paid to the plaintiff, within
time to be fixed by the Court, said sum Of S209l,-
5 with interest st 10 per cent. from said Fsbrus-
y 2lst, 1859, and said costs taxed S2606, and in
Iefault of said payment, that plaintiff may have
decree debarring the defendants forever from
said premises, and declaring them to
ave no farther estate or interest therein what
ver and giving to plaintiff such further relisfas
! the Judgment ofthe Court Is equitable.
The defendants above notified are required to
ppear and answer on or before the 2Sth day Of l
'ovember, 1858, or said petition viii be taken !
gainst them as true.
BAoKUs NOBLE,
Sept. 1914 PlainfiGS Astsmoys.