Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-12

A----A-+AA--=7@
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
fled her petition in the Court Of Common Pleas,
in said county, against them and said Mary La
vim, stating therein follows, that said Law
renee LAWN executed end delirered to the PLAIN
tiff his note or bond under seal March eths 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-
lvered to Plaintiff mortgage deed as security
for said note or bond, on the following described
Situate in Cleveland township in said State Of
Ohio, and known as lot number % in the map OF
John NJ. Woolsey's subdivision OF lots number
163 to 167, snd Of parts oflots 155 to l62, all in
elusivs, Ofthe original city or two acre lots and
and bounded as follows beginning at point
66feet north Of the intersection ofCnestnut and
Muirson streets, thence nOrtheriy along the
caarly line OF MuirsOn street, one chain
70 a stake marked S. 81, S. 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
Wardly-thence Westwardly on the line Of lot 81
to the place Of beginning, De the same more or
less which mortgage deed is recorded in. Cuya-
hOga county Records, volume 6s, pages z3s, z4O
and 2fI; that said Jennett Belts fled her pet-
ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas OF
OlyauOgA county, OulOa EEUEuaIf A6lf AoO9f 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, which it was given to secure, that said Is
wins owed her 81 200 with interest at 10 per cent
from March 9Th, 1853, and asking account 70 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, at the
February term thereof, A. d: 1883, after sil the
defendants in said suit had failed to answer, and
the Court had taken account Of plaintiff 5 clam
and heard the proofs, gave the plaintiff judgment
for S2,09l 70, 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 SS6S, and was re-
turned to said Court and approved BY the same
at the February Term, lsG0, and deed ordered
to be given plaintiff, which was executed and de-
livered to plaintiff the 18th Of March, lS0o by
Henry G. Abby, Master Commissioner Of said
Court, and is recorded in Cuyahoga County Rec
ords, volume 100, pages Al and AZ; that PLAIN
tiff took possession Of said premises under said
deed, has retained It 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 Wit, August Is, 1853, said LAWNS conveyed by
warranty deed their interest in said premises 70
Patrick Brennan, who then received the legal
title thereto and retained the same I'LL 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 81, pages 339 and 80; that BY some over
sight, said Patrick Brennan, who was aneeessarT
party TO said proceedingsi in Court above related
was not made party thereto and that, in eonse-
quenee, after the termination Of the same, he
still claimed, and apparently possessed an inter
est in said premises adverse to plalnnhs ttlei
that said Brennan died in the spring Of 1868, as
plaintiff believes intestate, leaving as his heirs
st-laW the above named defendants Mary Lawn,
fTaFH ~fn lhn Slater. EirZQ6ern
Brennan and Ann Brennan, upon whom SAID de-
cedents interest in said premises, whatever 1t
might be, 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 -st-laW also the children
OF said decedent, and are Of ull age, and that
said defendants, Lawrence Lawn, Edward DQ-
snsne, and Edward Slater, are husbands Of said
defendants, Mary Lawn, Cstharine Dushane and
Bridget Slater, respectively and that none OF
said defendants have any valid claim or interest
in said premises except the right 70 redeem the
same by paying in iull the debt found due the
plaintiff from said defendant Lawrence Lawn BY
said court as Aforesaid, which debt stlll remains
unpad so far as it was not satisfied by the sale to
plaintiff Of the mOrtgsged 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
time 10 be fixed by the Court, said sum Of $209l-
IS with interest at 10 per cent from said Februa-
~ 2lst, 1859, and said costs taxed S26e6, and IN
default Of said payment, that plaintiff may have
decree declaring the defendants forever nom
redeeming said premises, and declaring them %
have no farther estate or interest therein what
ever, aud giving 70 plaintiff such further rehefas
in the judgment o. the Court ls equitable
The defendants above notified are required 70
appear and answer on or before the 18th DAY Of
November, 1863, or said petition VIII be taken
BACKUs NOBLE,
Sept 1924 Plaintiffs Attorneys.