Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-23

i Y 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
vln, stating therein as follows, that said Law
renee LAWN executed and delivered 20 the Plain
tiff his note or bond under seal, March 9th, 1853,
promising TO pay the Plaintiff 81 200 with inter-
est at ten per cent per annum, and with his vile,
Mary Lawn, on the same day executed and de-
llvered 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
John NJ. WOolsey's subdivision OF lots number
l63 to l6l, and Of parts Of lots 156 10 l62, all in
elusive, OF the original city or two acre lots, and
and bounded as follows beginning at a point
select north OF the Intersection OfChestnut and
Muirson streets, thence northerly along the
casterly line Of Muirson street, one chain
to q stake marked s. 81, 81 thence
street and parallel with Chestnut street
two chains to q stake-thenee at right angles
with the last mentioned line one chain south
WaEdiy-thenee Westwardly on the line Oflot "a
TO the place Of beginning, be the same more or
lessi which mortgage deed is recorded in Cuya-
hoga county Records, volume 6S pages 239, 24O
and 24l; that said Jennett Belts fled her peti-
ton against said Lawrence and Mary LAWN
among others, in the Court Of Common Pleas Of
CuyahOga county, Ohio, February lst, 1859, rep
resenting therein that said mortgage was the 1st
EOQulLlOu
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 10 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 priOritles Of
lien therein determined; that said Court, at the
February term thereof, A. D. 1853, after all the
defendants in said suit had failed 20 answer, and
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff Judgmen
for S2,091 75, and costs, and ordered said prem
ises to be sold TO apply thereon that salt.
sale took place as ordered and in accordance
with the law, February 4th, ls6O; said premises
being sold 10 plaintiff for Ss6s, end 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, 1s60 by
Henry G. Abby, Master Commissioner Of said
Court, and is recorded in Cuyahoga County Rec
Ords, volume lO6, pages Al and AZ; that plain
tif took possession Of said premises under said
deed, has retained 1t ever since, and still re-
mains In peaeeable 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 Teeited,
to wilt, 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 tall his death,
and that he held it at the time said proceedings
above recited took plSce in said Court which
deed is recorded in CuyahOga County Records,
YolumJ 81, pages S39 and 80; that by some over
sight, said Patrick Brennan, who was necessary
party 10 said proceedings 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 1868, IS
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-
eedents interest in said premises, whatever it
might be, descended, and in whom it now rests,
subject however, 70 the dover interest Of said
defendant Esther Brennan, widow Of said dece-
dent; that SAID heirsat-laW are also the children
of said decedent, and are Of null age, and that
said defendants, Lawrence LAWN, Edward Du- |
shane, and Edward Slater, are husbands Of said !
defendants, Mary LAWN, Catharne Dushane and
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 eourt as Aforesaid, which debt still remains
unpaid, so far as II was 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 sad prem
ses, that they or some one Of them be ordered
to pay or cause TO be paid to the plaintiff, within
time to be fixed by the Court, said sum Of S2o9l,
IS with interest at 10 per cent. from said Februa
~ 2lst, 1889 and said costs taxed s26 O6, and in
iefault Of said payment, that plaintiff may have
1 decree debarring the defendants forever from
said premises, and declaring them To
nave no farther estate or interest therein what
aver, and giving to plaintiff such further relief as
n the judgment ofthe Court Is equitable.
The defendants above notified are required TO
lppear and answer on or before the 2sth day Of
November, 1858, or said petition will be taken
BACKUs 4 NOBLE,
Sept. 29:l24 Plaintiffs Attorneys.