Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-15


shane, Catherine Du-
shane, Edward Sla-
ter, Bridget Slater,
Elizabeth Brennan
and Ann Brannan,
defendants.
NOTICE.-The above named defend
ants. Esther Brennsn, Lawrence LAWN Ed
ward DUshane, Catherine Dushsne, 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, agaiust them and said Mary La
win, stating therein as follows, that SAID Law
renee Lawn executed and delivered to the PLAN
tn his note or bond under seal, March 9th, 1868
promising to pay the Plaintiff Sl,20O with inter-
est at ten per cent per annums and with his Wltei
Mary Lawn, on the same day executed and de-
liyeTed 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
163 to lot, and Of parts OflOts 156 to l62, al IN
elusive, otth original city or two acre lots, and
and bounded as follows beginning at point
&C feet north of the intersection OF Chestnut and
Muirson streets, thence nOrtherly along the
casteriy line Of MuirsOn street, one cham
TO n stake marked 5. S2i S3- thence
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 81
less which mortgage deed is recorded in Cuya-
hoga county Records, volume IS, pages 239, 30
and 24l that sad Jennett Belts filed her peu-
ton against said Lawrence and Mary Lawn
among Others, in the Court of Common Pleas of
CuyahOga county, Ohio, February lst, 1853, rep
resenting therein that said mortgage was the lst
lien on said premises, that its condition had
been broken by said Lawn g failure 70 pay slu
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
- ILL., H. waanaw haw
Judgment for the amount found due her, that
said premises might be sold and the proceeds
applied on her SAID debt, and the priOriues 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 plaintiff claim
and heard the proofs, gave the plaintiff judgmen
for S2,09l 10, and costs, and ordered said prem
ises to be sold to apply thereon; that SAT-.
sale took place as ordered and in accordance
with the law, February 4th, ls6Oi 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 plslntf on the 18th of March, 1850, BY
Henry G.. Abby, Master Commissioner Of said
Court, and is recorded In CuyahOga County Rec
ords, volume Jos, pages Al and 442 that plain
tif took possession OF said premises under SAID
deed, has retained 1t ever since, and still re-
mains IN peaceable possession thereoti 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 13, 1853, said Lawns conveyed BY
warranty deed their interest in said premises 20
Patrick Brennan, who then received the legal
title thereto and retained the same till his death,
and that he 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 $50 and $40; that by some over
sight said Patrick Brennan, who was necessary
party to said proceedings in Court above related
was not made party thereto and that, IN conse-
duence, after ie 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 1868, as
plsintih believes lntestate, leaving as his heirs
at-ls the above named defendants Mary LAWN
CathariHe Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom sud de
cedent's interest in said premises, whatever II
might be, descended, and in whom It now rests,
suiJect however, TO the dover interest Of SAID
de iendant Esther Brennan, widow OF SAID deee-
dent; thai sad heirs at-laW are also the children
OF said decedent, and are Of iull age, and that
said defendants, Lawrence Lawn Edward Du-
shane, and Edward Slater, are husbands Of said
defendants Mary Isvin, Catharine Dushane and
Bridget Slater, respectively and that none OF
said defendants have any valid claim or interest
in said premises except the right TO redeem the
same by paying in full the debt found due the
plaintiff from said defendant Lawrence Lawn, by
said court as Aforesaid, which debt still remains
unpaid, so far was not satisfied by the sale 20
plaintiff Of the mOrtgaged premises; and sald
petition asks that the defendants be required to
answer anu set 10TH llltL IA eA
ises, that they or some one of them be ordered
to pay OF cause to be paid to the Plaintlf, within
time to be fixed by the Court, said sum OF s2O9l-
IS with interest at 10 per cent. from sad teorus-
~ 2lst 1859, and said costs taxed S26.O5, and in
default Of sad payment, that plaintiff may have
a decree debarring the defendants forever from
redeening said premises, aud declaring them to
5sVe no farther estate or interest therein what
ever and giving 70 plaintiff such further reliefas
in the gnent oi the Court Is equitable.
The de rendants above notified are required to
appear and answer on or before the 28th day Of
November, 1868, or said petition will be taken
against them as true.
BACKUS & NOBLE,
Sent 2q l2l Plaintiffs Attorneys.