Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-20
BACkUS & NOBLE,
PlaintiHla Atlnrnaua
and gAnn
defendants

N
IN ants, Esther Brennan, Lawrence Lawn, Ed
ward Dushane, Catherine Dushsne, Edward Sla-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan will take notice that the Plaintiff has
filed her petition N the Court Of Common Pleas,
in said county, against them and said Mary La
win, stating therein rs follows, that sSid Law
renoe LAWN executed and delivered to the PLAIN
TN hls note or bond under seal March 9th, 1858,
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-
lvered 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 80 in the map OF
John N. WOolsey's subdivision Of lots number
l53 to LOT, and OF parts of lots 1856 to 49, AL in
elusive, OF the original city or two acre lots, aud
and bounded as follows Beginning at a point
66feet north Of the intersection OfGhestnut and
Muirsou streets, thence northerly along the
casterly line Of muirsOn street, one cham
to a stake marked 8. 81, 81 thence
easterly ct right angles with Muirson
street and parallel with Chestnut street
two chsins to r stake-thence at right angles
with the last mentioned line one chain south
Wardly-thence westwardly on the line OflOt "a
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, 240
and 24l that sad Jennett Belts fled her petit
tiOn sgalnst said Lawrence and Mary LAWN,
among others, in the Court Of Common Pleas Of
Cuyshogs county, Ohio, February lst, 1853, rep
T6etnunB LuerelQ SaiQ mortgage was tn6 lSE
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 Ls-
wins owed her 81, 200 with interest at 10 per cent
from March 9Th, 1855 and asking account TO be
taken Of her sad 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, at the
February term thereof, A. d. 1858, after all Ihe
defendants in said suit had failed to answer, snd
the Court had taken account Of plaintiffs claim
and heard the proofs, gave the plaintiff judgmen
for S2,O9l 70, and COSTS and ordered SAID prem
ises TO be sold to apply thereon that ssit.
sale took place as ordered and in accordance
with the law, February 4th, 1850; said premises
being sold to plaintiff for S56s, and was re-
turned TO said Court and approved by the same
at the February Term, 1860, and deed ordered
to be given plaintiff, which was executed and de-
llvered to plaintiff on the 18th Of March, 1850, by
Henry g. Abby, Master Commissioner Of said
Court, and is recorded in Ouyahogs 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 stste that after the date Of
said mortgage deed from said LAWNS to the plain
tiff, and prior to the proceedings above reeited,
to wit, 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 till his death,
and that he held it st the time said proceedings
deed is recorded in Cuyahogs County Records,
volume 81, pages $50 and $40; 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-
quence, 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 1858, as
plaintiff believes intestste, leaving IS his heirs
at-laW the above named defendants Mary Lawn,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom sald 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 deee-
dent; that said hers-at-laH are also the children
OF said decedent, and are Of ull age, and that
said defendants, Lawrence Lawn, Edward Du-
snane, and Edward Slater, are husbands Of said
Msry LAWN, Catharine Dushane and
Bridget Slaier, 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 debt found due the
plslntih from said defendant Lawrence Lawn, BY
said gourt as aforesaid, which debt still remains
unpaid, far as 1t not satisfied by the sale to
plaintiff Of the mortgsgsd premises and said
petition asks that the defendants be required 10
answer and set forth their interest in said prem
.ses, that they or some one OF them be ordered
to pay or cause to be paid to the plaintiff, within
time 10 be fixed by the Court said sum Of S209l,
IS with interest st 10 per cent. from said Fe6rua-
~ 2lst, 1853, and said costs taxed S26.06, and in
default Of said payment, that plaintiff may have
4 decree debsrring the defendants forever from /
said premises, and declaring them To |
have no farther estate or interest therein what
ever, and giving to plaintiff such further relief IS
n the judgment o!the Court IS equitable.
The defendants above notified are required to /
ippear and ansWer on or before the 25th day Of /
November, 1863, or said petition VIII be taken |
,gainst them IS true.
BACKUS & NOBLE,
Sept. 29.l2f Plaintiffs Attorneya
d. Olar-st n. &. ChITch, Pltd, Before G "A BEN
ham. Justice Of /
CHARLIE 2. DaviF, Dei't fhe Pesce Of |
leSeiaud Township Ouyeh0sa county, Ohio.
an TIE 10Th DAY OF OOTO- |
| BER, 1873, said Justice issued sn order Il At
aehmvnt in t. Q ab3Ve action fer the sum # sz5O.
CT. OLAlR-sT. n. n. CHURUH.
~ real h