Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-30

and Ann Brannan,
defendants.
NOECE.-The above named defend
y ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward 5la-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan will take notice that the Plaintiff has
Sled her petition in the Court Of Common Pleas,
in said county, against them and said Mary Is
win, stating therein as follows, that said law
renee LAWN executed and delivered TO the Plain
tif MS note or bond under seal, March 9Th, ls63,
promising 10 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
livered 70 Plaintiffa 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 Sc in the map Of
John NJ. Woolsey's subdivision Of lots number
l63 10 l67, and OF parts ofl0ts l56 TO l62 all in
elusive OF the original city or two acre lots, and
and bounded as follows beginning AZ q point
Sc feet north Of the intersection ofChestnut and
Muirsou streets, one chain TO a stake marked
5. s2, S3-thence easterly ct 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 on the line Of lot "a
TO the place Of beginning be the same more or
less which mortgage deed is recorded in Cuya-
hoga county Records, volume Gs, pages 23J, go
and 2il 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 lst, 1859, rep
resenting therein that said mortgage was the LIST
lien on said premises, that its condition had
been broken by said LAWNS failure 10 pay said
note, which it was given 70 secure, that said La
wins owed her 81 90 with interest at 10 per cent
from March 9Th, 1853, and asking account 70 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 pri0ritles OF
lien therein determined that said Court, AZ the
February term thereof A. ID. 1850 atter all thg
d-s-sl-.-tL - qei.i ss.ss - = =, ~ - ~.
and heard the proofs gave the plaintiff Judgment
for s2.O9l rs, and costs, and ordered said prem
ises 70 be sold to apply thereon that said
sale took place as ordered and in accordance
With the laW, February iih, 1850; said promises
being sold 10 plaintiff for ss53, and was re-
turned 70 said Court and approved by the same
at The February Term, 1860, and deed ordered
10 be given plaintiff, which Wn- executed and de-
livered % plaintiff on the 18th Of March, lsG0, hy
Henry g.. Abby, Master Commissioner 0f said
Court, and is recorded 10 Cuyahoga County Rec
ords, volume los, pages iil and ii2 that plain
til took possession Of said premises under said
deed, has retained It ever since, and still re-
mains IN peaeeable possession thereof; and said
petition goes on % state that after the date OF
said mortgage deed from said LAWNS 10 the plain
ill., and prior 70 the proceed lns above recitod,
| 10 w.t. August -. 1853, said Lawns conveyed hy
warranty deed their interest IN said premises 70
Patrick Brennan, who then received tie lpr1l
title thereto and retained the same TIL his death,
/ and that he held it nt the time said proceedings
| above rected took place In said Court which
1 deed Dr. recorded lu AuNnuuNA County Records
volume 81, pages $50 and $40; that by some over
sight, said Patrick Brennan, who was a necessary
party 10 said prOceedingsin Court above related.
WIS not made a party thereto and that, in cunse.
qucnce, after the termination Of the came. he
still claimed and apparently possessed m iuier-
est IN said premises adverse 10 plaintiffs title
that said Brennnn died in tho spring Of 1sl ~
/ plaintiff believes intestate, leaving a. his heirs
ht-laW the above named de'cndlnts Mary LaUn,
Caiharine Dushane, Bridget Slater, Elizabeth
/ Brennan and Ann Brennan, upon whom said de-
| cedents interest In sud promises, Whntever %
| might be, descended, and in whom it now rests,
| subject however, TO the dover interest Of sIid
| dsfendant Esther Brennan, widow Of said deco
/ dent that SAID hors-at-law hrealso the children
Of SAID decedent, and are Of lull age, and that
| said defendants, Laurence LAWN, Edward Uu
/ shane, aud EdWnTd slater, are husbands of said
/ defendants, Mary LAWN, Caiharine Dushnne and
| Bridget slater, Tespcctvclyi and that none Of
said defendants have any valid claim or Interest
/ Ia said premises except ihe right 10 redeem the
/ snme BY paying 10 iull the dobt found due tho
/ plaintiff from said defendant Lawrence Lawn, BY
! said Court AZ Aforesaid, which debt still romans
| unpaid, % hrm Twas not satisfied by the sllc io
Il plainun of the moriRagod premises aud said
petition asks that the defcndluts he required 90
an gwCr and set forth Their interest in said prem
Il iHcs, that they or some one Of them DO ordered
i 90 pay or cause 10 be paid 10 the plaintiff within
time 20 be fixed by the Court said sum 0f s4o9l,-
i 70 with interest at l0pcr cent from said Februa-
rs 2tst. 1859, aud said costs taxed g2G Ol. and la
Il default Of said payment, that plaintiff may have
decree doharring the defendants forever rom
/ IedoeminR said premises, and declaring them %
have no farther estate or interest therein what
ever, and giving 20 plnntin such further reliofas
in the Judgment ofthe Court " equitable.
| The defendants above notified are required 30
/ appear and answer on or before the 2sth day Of
/ November 1868, or said petition will be taken
BACKUs A NOBLE,
Sept e9.i2l Plainiih's Attorneys.