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

1
STATE OF OHIO, I :. In Common Pleas-Ae-
Cuyshoga County, ton to Quiet Title.
Jennett Belts, plaintiff,
Esther Brennan, Law
/ renee LAWN, Mary
LAWN, Edward Du-
/ shane, Catherine Du-
/ shane, Edward Sla-
/ ter, Bridget Slater,
Elizabeth Brennan
and Ann BFalnan,
/ defendants.
| OTICE.-The above named defend
IN ants, Esther Brennan, Lawrence LAWN, Ed
/ ward Dushane, Catherine Dushane, Edward Sla-
| ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan will taks notice that the Plaintiff has
| filed her petition in the Court Of Common Pleas,
/ in said county, against them and said Mary Ls-
/ Win, stating therein as follows, that said Law
renee LAWN executed and delivered to the PLAN
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 wife,
/ Mary LAWN, on the same day executed and de-
hvered 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 33 in the map Of
/ John NJ. WOolsey's subdivision Of lots number
l63 to l67, and ofparts oflots 1856 to 1872 all in
elusive, Ofthe original city or two acre lots, and
and bounded as follows Beginning at point
i 66feet north Of the intersection ofChestnut and
/ Muirson streets, thence nOrtherly along the
/ easterly line Of Muirson street, one cham
to stake marked s. %, SS- thence
easterly at right angles with Muirson
/ street and parallel with Chestnut street
/ two chains to a staze-thence at right angles
with the last mentioned line one chain south
Wardly-thence WestWardlY 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 69, pages 239, 240
/ and 24I; 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, 1889, rep
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 81, 200 with interest at 10 per cent
from March 9Th, 1853, and asking account to 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 priOrites of
lien therein determined that said Court, at the
February term thereof, A. D. 1889 after all the
defendants in said suit had failed to answer, and
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff Judgment
for SZ,O9l 10 and costs, and ordered said prem
ises to be sold to apply thereon; that said
sale took place as ordered and in accordance
with the law, February 4th, ls60; said premises
being sold to 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 % plaintfon the 18th Of March, 1850 by
heuEy u ADDyF MhSEeE LgulmlSalpleE OF sala
Court, and is recorded in Cuyahoga County Rec
e7fs- vol luDe los pages, 44 Bpd.A92s thai PLAIN;
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 of
said mortgage deed from said LAWNS to the plain-
TIT, aud prior to the Proceedings above reeited
to Wit, August ID, 1853, said LAWNS convened bv
warranty deed their interest in said premises to
faIrlek Brennan5 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 reelted took place in said Court which
deed IS recorded in Cuyahoga County Records,
volume Ct, pages 339 and 80; 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-
quse,nee, after the termina;ion Of fhe sarae, he
still eaimed, aud appareu}ly Possessed al Inter
est IN said premises adverse to plaintiffs title
that SAID Brennan died in the spring Of 1868, as
plaintiff believes intestate, leaving a. his heirs
at-law the above named defendants Mary LAWN. /
Cathsrine Dushane, Bridget Slater, Elizabeth /
Brennan and Ann Brennan, upon whom SAID de- 1
eedents interest IN said premises. whatever it |
might be, descended, and in whom it now rests, (
subject however, 10 the dover interest of said /
i iendant Esther Brennan, widow Of said dece-
dent; that sad heirs-at-lsW are also the children
Of sald decedent, and are OF mll age, and that L
said defendants, Lawrence Lawn, Edward Du. |
5nauE, and hdgard Slater, are husbands of said
telendants, Mary LaTin, Cstharihe Dushane aid
said defendants have any valid claim or interest
n said premises except the right to redeem tba
'ame by paying in full the debt found due me
olalntf from said defendant Lawrence Lawn. by
aid eourt as Aforesaid, which debt still remains
unpaid, so far as twas not satisfied by the sale to
'lalnth OF the mortgaged premises and said |
'etitlon asks that the defendants be REQUIRED 10
nsWer and set forth their interest in said prem
ses, that they or some one Of them be ordered |
pay or cause 70 be paid to the plaintiff, within
time to be liked by the Court, said sum Of $751;
. with interest at 10 per cent from said Februa-
Zlst, 1853, and said costs taxed S26. .O6, and in
efauit OF said payment, that plaintiff may have {
decree declaring the defendants forever from
edeemlng said premises, and declaring them to
ave no farther estate or interest therein what
yer, and giving to plaintiff such further reliefas
! the judgment ofthe Court ls equitable.
The defendants aboYe notified are required to 9
opear and answer on or before the 18th day Of =
gsinst them as true.
BACEUs NOBLE,
sept SS;lH4 Plaintiffs Attorneys,