Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-28
BACKUS & NOBLE,
Plaintiffs 8 Attorneys.
In Common PlesS-Ae-
ton to Quiet Title.

Esther Brennan, Law
renee LAWN, Mary
LAWN, Edward Du- ...
shane, Catherine Du-
shane, Edward Sla-
ter, Bridget Sister,
Elizabeth Brennan
and IAnn Brannan,
defendants. .-.
NOTICE.-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 and said Mary La
win, starng therein as follows, that sSid Law
renee LAWN executed and delivered to the Plain
tiff his note or bond under seal, March 9Th, 1858,
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-
lVered 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 3S in the map Of
John NJ Woolsey's subdivision of lots number
l63 to l6I, and of parts OflOts loo to l62 all IN
elusive, of the original city or two acre lots, and
and bounded as follows beginning at point
&c feet north OF the intersection ofChestnut and
Muirson streets, thence northerly along the
casterly line of Muirson street, one cham
to . stake marked s. 81, S3- hence
easterly at right angles with huirson
street and parallel with Chestnut street
two chains to q stake-thence at right angles
with the last mentioned line one chain south
waFdly--thenee Westwardly on the line oflOt 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 239, 30
and 24I; 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 1st, 1889, 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
1 nofa vukf wa civ Lla
wins owed her 81 200 with interest st 10 per cent.
| from March 9th 1858, 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
! spplled on her SAID debt, and the priorltles Oi
| lien therein determined; that said Court, at the
/ February term thereof, A. ID. 1859, after all the
defendants in said suit had failed to answer, and
i the Court had taken account of plaintiff 8 claim
and heard the proofs, gave the plaintiff judgmen
| for S2,09l IS, and costs, and ordered sad prem
| ises to be sold to apply thereon; that saiU
| sale took place as ordered and in accordance
| with the law, February 4th, 1860; said premises
| being sold TO plaintiff for SS6S, 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, b.
| Henry G. Abby, Master Commissioner Of saic
| Court, and is recorded in CuyahOga County Rec
| ords, volume los, pages Al and 442 that plain
| tiff took possession Of said premises under sac
deed, has retained 1t ever since, and still re
mains in peseeable possession thereof; and ssC
l petition goes on to state that after the date o
! said mortgage deed from said Lawns to the PLAN
titf, and prior TO the proceedings above reclted
to wilt, August l3, 1853, said Lawns conveyed bl
| warranty deed their interest IN said premises Z
Patrick Brennan, who then received the lega
title thereto and retained the same till his death
| and that he held il at the time said proceeding
| above recited took place in said Court; Whlcl
deed is recorded in Cuyahoga County Records
| volume Ct, pages $50 and $40; that by some over
sight, said Patrick Brennan, who was anecessar
| party TO said proceedings in Court above related
! was not made party thereto and that, IN conse
1 ouence, after the termination Of the same, b.
still claimed, snd apparently possessed an inter
/ est IN said premises adverse 70 plainud tltle
that said Brennan died In the spring OF 1864, 3
plaintiff believes intestate, leaving as his helrs
! st-laW the above named defendants Mary Lawn
Catharine Dushane, Bridget Slater, Ellzabet
Brennan and Ann Brennan, upon whom SAID de
| cedents interest in said premises, whatever
might be, descended, and IN whom u now resti
subject however, TO the dover interest OF sal
defendant Esther Brennan, widow OF saic dece
dent; that said heirs st-laW are also the chlldre
| OF said decedent, and are Of Tull age, and Lha
said defendants, Lawrence Lawn Edward Du
snane, and Edward Slater, are husbands OF sal
| defendants, Mary Lawn, Catharine Dushane an
Bridget Slater, respectively; and tnat none
said defendants have any valid claim or ntere;
| in said premises except the right to redeem IN
! same by paying in full the debt found due tn
plaintiff from said defendant Lawrence Lawn, b
said court as Aforesaid, which debt still remain
unpaid so far as it was not satisfied by the sale
plaintiff OF the mortgaged premises; and ssl
| petition asks that the defendants Be required
answer and set forth their interest IN said prem
ises that they or some one Of them be ordeTe
to pay or cause 10 be paid to the plaintiff. with
time to be fixed by the Court, said sum OF S3Osl
75 with interest at 10 per cent. from said Februi
q ~ 2lst, 1883, and said costs taxed S26.O6, and
default of said payment, that plaintiff may hav
decree debarring the defendants forever trol
redeeming said premises, and declaring them
have no farther estate or interest therein y Wna
ever and giving to plaintiff such further relief
in the Judgment of the Court IS equitable.
The defendants above notified are required
appear and answer on or before the 18th day
November, 1883, or said petition viii be take
'e- BACKUS & NOBLE,
Sept 2q.l94 Plaintiffs Attorneys.