Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-09
MORNING. NOVEMBER 9.

bIAIE OE OhlO3 az II J0liluio' -sAs--a-c-
Cuyshoga County, 7a' ton 70 quiet Title.
Jennelt Belts, plaintiff,
! sgainst
Esther Brennan, Law
renee LAWN, Mary
| Lawn Edward Du-
! shane, Catherine Du-
/ shane, Edward Sla-
| ter, Bridget Slater,
Elizabeth Brennan
| and FAnn Brannan,
! defendants.
/ OTICE.-The above named defend
! IN ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward Sis-
/ ter, Bridget Slater, Elizabeth Brennan and ANA
l Brennan viii take notice that the Plaintiff has
/ fled her petition in the Court OF Common Pleas,
/ in said county, against them and said Alary La
/ vim, stating therein as follows, that ssid Law
renee LAWN executed and delivered TO the Plain.
tiff his note or bond under seal, March 9th, 1863,
promising 70 pay the Plaintiff Sl,2OO with inter-
est st ten per cent per annum, and with his wife,
/ Mary Lawn, on the same day executed and de-
/ llYe-ed TO Plaintiff mortgage deed rs security
for sad note or bond, on the following described
premises
Situate in Cleveland township in said State Of
| ONO, and known as lot number 80 in the map Of
/ John NJ. WeOlsey's subdivision of lots number
l65 TO l5l, and Of parts OF lots l56 to l62, all m
elusive OF the original city or two acre lots, and
and bounded as follows beginning at a point
65feet north OF the intersection OF Chestnut and
| Muirsou streets, thence northerly along the
casterly line Of Muirson street, one chain
0
easterly at right angles with Puirson
street and parallel with Chestnut street
two chains to q stake-thence at right angles
WITH the last mentioned line one chain south
Wardly-thenee WestWardly on the line oflot "a
70 the place Of beginning, be the same more OF
less which mortgage deed is recorded in Cuya.
hoga county Records, volume 6S, pages 239, 80
and 24l; that said Jennett Belts fled her petit
ton against said Lawrence and Mary LAWN,
among others, in the Court of Common Pleas Of
Cuyahoga county, Ohio, February LIST, 1859, rep
hot eufA
lien on said premises, that its condition had
been broken by said LAWNS failure to pay said
note, which 1t was given 70 secure, that SAID La
wins owed her 81, 200 with interest at 10 per cent
nom March 9Th, 1853, 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 priorites Of
lien therein determined; that said Court, az the
February term thereof, A. d. 1859, after all the
defendants in said suit had failed to answer, and
the Court hsd taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff judgmen
for S2,O9l 70, aud costs, and ordered sad prem
ises to be sold to apply thereon; that salt,
sale took place as ordered and in accordance
with the law, February 4th, 1850; said premises
being sold 20 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-
llVered TO plaintiff on the 18th Of March, 1860, by
Henry g. Abby, Master Commissioner Of said
Court, and is recorded in Cuyshoga County Rec
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 10 the plain
TN, and pr0r 70 the proceedings abpye Tecited,
TO Wit, August Is, 1853, said Lawns conveyed bv
warranty deed their interest in said premises 10
Patrick hrennan, 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
10 L EarUurs
volume 67, pages $50 and 80; that by some over
sight, said Patrick Brennan, who was aneeessary
party 10 said proceedings in Court above relsted,
was not made party thereto and that, in conse-
quence, after the terIaination Of the came, he
still claimed, and apparently possessed an inter-
est ia said premises adverse To plaintiffs title
that said Brennan died Ia the spring Of 1868, rs
plaintiff believes intestate, leaving as his heirs
st-laW the above named defendants Mary LAWN
CsthaTine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom sald de-
cedent'5 interest in said premises, whatever It
might be, descended, and IN whom lt nov rests,
subject however, 70 the dover interest OF said
defendant Esther BreDaau, widow OF said dece-
dent; that SAID heirs -st-a6 are also the children
OF said decedent, and are of fuli age, and that
said defendants, Lawrence Lawn, Edward Du-
shane, and Edward Slater, are husbands OF said
defendants, Mary LAWN, CatnaTins Bushane 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 dC6t found due the
piainlu from SAID defendant Lawrence L5vln, by
said Court as Aforesaid, which debt still remains
unpaid, go faT II was not satisfied by the sSie 10
plaintiff Of the mor;gaged premises; and sSid
petition asks that the defendants be required 70
answer and set forth their interest in said prem
lses, that they oT some ono 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 s3)9,-
70 with interest at 10 per cent from SAID Februa-
~ 2lst, 1853, and said costs taxed S2605, and II
dsiRult Of said payment, that plaintiff may have
decree debaTring the defendants forever from
redeemlHg ssld Promises and declaring them 10
have no farther estate or interest therein whas-
ever, and giving to plaintiff such further relefas
in the Judgment Ofthe Court IS equitable.
The defendants above notified are required to
appear and answer on or before the 25th day Of
November, 1858, or said petition viii be taken
against them as true.
BACKUS & NOBLE,
Sent. 29124 plaintidig Atfornavs