Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-06
Legal.
In Common Pless-Ac-
ton 10 Quiet Title.

STATE OF OHIO, o., In Common Pless-Ac-
Cuyahoga County, - ton to Quiet Title.
Jennett Belts, plaintiff,
against
Esther Brennan, Law
renee Lawn, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sla-
ter, Bridget Slater,
Elizabeth Brennan
and fAnn Branran,
defendants.
NOTICE.-The above named defend
IN ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine DushAne, Edward Ss-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan will take notice that the Plaintiff has
hled her petition IN the Court OF Common Pleas
in said county, against them and said Mary La
yin, stating therein follows, that said Law
renee LAWN executed and delivered to the PLAIN
tiff his note or bond under seal, March 9th, 1863
promising TO pay tie Plaintiff l,2OO 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 a mortgage deed as security
for said note or bond, on the following described
premises
Situate in Cleveland township in said State Of
OHIO, sod known as lot number 80 in the map OF
John NJ. WoOlsey's subdivision OF lots number
l63 to l67, and parts oflots loo to l62, al in
elusive, Of the original city or two acre lots, and
and bounded as follows beginning at point
66teet north Of the intersection OF Chestnut and
MuirsOn streets, thence northerly along the
easterly line OF Muirson street, one cham
to stake marked S. 81, 81 thence
essterly st right angles with Muirson
street and parallel with Chestnut street
two chains TO stake-thence at right angles
with the last mentioned line one cham south
wRrdly-thence WestWaTdly 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, 40
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
fAHrua afnfsFru T4A VGE
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 La
wins owed her s 200 with interest at 10 per cent
from March 9Th, 1883, and asking account to 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. ID. 1853, after all the
defendants in said suit had failed 10 answer, and
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff judgme1
for S2,09l Is, and costs, and ordered said prem
ises to be sold to apply thereoni that salt
sale took place 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 Termi ls60, and deed ordered
TO be given plaintiff which was executed and de-
livered to plaintiff on the 18th OF March, lS6O, by
Henry G.. Abby, Master Commissioner of said
Court, and is recorded IN Cuyahoga County Rec
ords, volume los, 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 peaceable possession thereof; and said
petition goes on to state that after the date o.!
said mortgage deed from said Lawns to the plain
tiff, and PRIOR to the proceedings above reCited
to wilt, August l3, 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 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 anecessary
party to ssid proceedings in Court above related,
vas not made party thereto and that, in conse-
quence, after the termination of the same, he
still claimed, and apparently possessed sn inter
est in said premises adverse to plaintiffs title
that said Brennan died in the spring OF 1868, as
plaintiff believes lntestate, leaving ss his heirs
at-laH the above named defendants Mary LAWN,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom said de-
cedents interest in said premises, whatever it
might be, descended, and in whom it now rests,
subject however, 10 the dover interest of said
defendant Esther Brennan, widow Of said dece-
dent; that SAID heirs at-laW alec 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, Catharine Dushane and
Bridget Slater, respect Vely; and that none OF
said defendants have any valid claim or interest
IN salu premises except the rlghb 20 redeem the
same by paying in full the dent found due the
plaintiff from SAID defendant Lawrence Lawn, by
said Court as aforesaid, which debt still remains
unpaid, far it not satisfied by the sale to
plaintiff Of the mOrtgaged premisesi and said
petition asks that the defendants be required to
answer and set forth their interest in said prem
lses, 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, 1859 and said costs taxed s26 O6, and in
default Of said payment, that plaintiff may have
decree debarring the defendants forever from
! redeemlng said premises, aud declaring them te
have no farther estate or interest therein what
ever, and giving to plaintiff such further relief as
| in the judgment OF the Court 10 equitable.
The defendants above notified are required 10
appear snd answer on or before the 2sth day o
November, 1858, or said petition will be taken
| against them as true.
BACKUS B NOBLE,
Sept 29:l24 Plaintiffs Attorneys.