Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-14
BACKUS & NOBLE,
Plaintiffs AttOrneYa.

uGA0AAAeiAlL9s
N0TICE.-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
1led her petition in the Court Of Common Pleas,
in said county, against them and said Mary La
win, stating therein as follows, that said Law
renee LAWN executed and delivered to the Plain
tiff his note or bond under seal, March 9Th, 1853,
promising TO pay the Plaintiff s., 200 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 80 in the map OF
John NJ. WOOlsey's subdivision Of lots number
l63 to ldT, and ofPaTts lots l55 to 1872 all in
elusive, 1.-THE original city or two acre lots, and
and bounded as follows Beginning at a point
6feet north of the intersection OfChestnut and
Mulrson streets, thence nOrtherly along the
casterly line of MuirsOn street, one chain
to q stake marked S. 81, 80 - thence
eastery 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 y on the line of lot 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, 2i0
and 24l; that SAID Jennett Belts filed her petit
ton against said Lawrence and Mary LAWN,
among others, in the Court of Common Pleas Of
Cuyahoga county, Ohio, February 1st, 1859, 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 1t was given to secure, that said La
wins owed her 81, 200 with interest at 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
applied on her said debt, and the priorities Of
lien therein determined; that said Court, at the
February term thereof, A. D. 1859 after all the
defendants said gUt had fqiIad n and
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff judgmen
for S2,O9I 70, and costs, and ordered sad prem
lses 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 10 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, by
Henry G.. Abby, Master Commissioner of said
Court, and is recorded in Cuyahoga County Rec
oTds, volume lO5, pages AL and AZ; that plain
tiff took possession Of said premises under said
deed, has retained 1t 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
tiff, and prior to the proceedings above reclted,
to Wit, August Is, 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 Ieclgou look plac6 IN SAlu OOuTb5 WnlCu
deed is recorded in CuyahOga County Records,
volume 67, 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-
quenee, after the termination of the same, he
still claimed, and apparently possessed an inter-
est in 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,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
cedent's interest in said premises, whatever it /
might he, 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 atlaW also the children
OF said decedent, and are of Iuli age, and that |
said delendantss Lawrence Lawn, Edward Du- /
Snane, and Edward Slater, are husbands Of said /
defendants, Mary LAWN, Catharine Dushane and /
Bridget Slater, respectively; and that none OF 1
said defendants have any valid claim or interest |
in said premises except the right to redeem the /
same ny paying IN tull the debt found due the |
plaintiff from said defendant Lawrence Lawn, by i
said Court as aforesaid, which debt still remains
unpaid, so far as twas 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
ises, that they or some one Of them be ordered
to pay or cause TO be paid to the plaintiff, within
a time to be fixed by the Court, said sum Of S209l,
70 with interest at 10 per cent from SAID Februa-
ry 2lst, 1859 and said costs taxed S26.06, and in
default Of said payment, that plaintiff may have |
a decree debarring the defendants forever from
said premises, and declaring them to
have no farther estate or interest therein what !
ever and giving to plaintiff such further relief as
IN the judgment Of the Court Is equitable.
The de pendants above notified are required to
appear and answer on or before the 2Sth day Of
November, 1868, or said petition will be taken
against them as true.
BACKUS & NOBLE,
Sept 29124 Plaintiffs Attorneys.