Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-03

defendants.
NOTICE.-The above named defend
Y ants, Esther Brennan, Lawrence Lavin, Ed
ward Dushane, Catherine Dushane, Edward Sla-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan viii take notice that the Plaintiff has
filed her petition IN the Court Of Common Pleas,
IN said county, against them and said Mary La
yin, stating therein as follows, that said Law
renee Lawn executed and delivered 70 the Plain
tiff his note or bOui under seal, March 9Th, 1865,
promising 70 pay the Plaintiff 81 ,2uO with inter-
est at ten per cent per annumi and with his wife,
yeTed rIaIIitin Iiit'i t.Sl,5 sII - asanrity
for said note or bond, on the following described
premises
Situate in Cleveland township in said State Of
Ohio, and known as lot number 81 IN the map Of
| John NJ. WOolsey's subdivision Of lOts number
l63 TO l67, Rud Of parts oflOts l56 to l62 al IN
elusive, of the original city or two acre lots, and
| and bounded as follows beginning at n point
/ G6feet north Of the intersection ofChestnut and
Muirson streets, thence northerly along the
| casterly line OF Muirson street, one cham
| to stake marked 8. 81, 80 thence
essterly at right angles with Muirson
| street and parallel with Chestnut street
| two chains to 3 stake-thence at right angles
| with the last mentioned line one chain south
| Wardly-thence WestWardly on the line oflOt 81
TO the place Of beginning, be the same more or
less; which mortgage deed is recorded IN Guys
! hoga county Records, volume 6s, pages 239, ~
and 24l that said Jennett Belts filed her peti-
| ton against said Lawrence and Mary Lawn,
| among others, in the Court Of Common Pleas Of
| GuyAIOGa county, OnlO3 F6DEuhEI lsL loosi AoF
resenting therein that said mortgage was the LIST
lien on said premises, that its condition had
been broken by said LAWNS failure to pay sad
note, which it was given to secure, that SAID La
wins owed her 81, 30 with interest at 10 per cent
from March 9Th, 1853, and asking account TO be
taken OF her SAID clam, thSt she might nave
judgment for the amount found due her, that
said premises might be sold and the proceeds
applied on her said debt, snd the prioriues o.
| lien therein determined T; that said Court at the
February term thereof, A: d: 1853, after ali the
defendants in said suit hsd failed 10 answer, and
the Court had taken account Of plaintiff 8 clam
| and heard the proofs, gave the plaintiff Judgmen
for S2,09l IS, and costs, and ordered SAID prem
ises to be sold TO apply thereoni that SAT-
sale took place as ordered and in accordance
with the law, February 4th, 1850; said premises
being sold to plaintiff for sS6S, and was re
turned TO said Court and approved by the SAINT
at the February Term, ls6O, and deed ORDERED
| to be given plaintiff, which was executed and de
livered to plaintiff on the 18th OF March, 1850, b.
Henry 6. Abby, Master Commissioner OF salt
Court, and is recorded in Cuyahogs County Rec
| ords, volume lO5, pages Al and 442 that PLAIN
tiff took possession OF said premises under SAT-
! deed, has retained 1t ever since, and still re
mains in peacesble possession thereof; and SAT-
petition goes on to state that after tne oATe 9
said mortgage deed from said Lawns TO the PLAIN
tiff, and prior to the proceedings above reelted
to Wit, August Is, 1853, said LAWNS conveyed b
warranty deed their interest in said premises Z
Patrick Brennan, who then received the lega
title thereto and retained the same till his death
and that he held it at the time said proceeding
above recited took place in said Court; Whle
deed is recorded in Cuyshogs County Records
, volume 81, pages 339 and $40; that by some over
| sight said Patrick Brennan, who was anecessar
party TO said proceedings in Court above related
was not made party thereto and that IN conse
duence, after the termination Of the same, h
still claimed, and apparently possessed an lntei
est in said premises adverse TO plsntlh's title
that said Brennan died in the spring Of 1865, s
plaintiff believes tntestate, leaving as his helrs
at-laW the above named defendants Mary LaTir
Catharine Dushane, Bridget Slater, Ellzaoet
: | Brennan and Ann Brennan, upon whom SAID dc
cedent's interest in said premises, whatever
might be, descended, and in whom 1t now rest
| gubect however, TO the dover interest OF Bal
defendsat Esther Brennan, widow Of said dec
dent; tnal said heirs-at-aW are also the childre
OF said deesdent, and are Of TLl4 age, and tn
. said defendants, Lawrence Lawn, Edward Dl
= | snane, and Edward Slater, are husbands OF sal
! ! defendants, Mary Lawn, Jatharine Dushane an
| Bridget Slater, respectively; and that none
| said deondants have any valid claim or ntere
| in said premises exeeIs the rig!it 70 redeem q
q same LT paying in full the caDt found due u
| plaintiff from said defendant Lawrence Lawn, /
: saititourt as aforesaid, which debt still remaiI
unpaid so far SIS twas not satisfied by the sale
'' plaintiff of the mortgaged premises; and sal
petition asks that the defendants be required
answer and set forth their interest in said prem
lses, that they or some one OF them be Ordere
o to pay or csuse to be paid to the plaintiff, with
l., time 10 be fixed by the Court, SAID sum OF SzOsl
q TO with interest at 10 per cent from said Febru
J., ~ 2lst, 1859, and said costs taxed S26O6, and
default Of said payment, that plaintiff may ha'
adecree debarring the defendants forever fro
: fedeeming said premises, and declaring them
have no farther estate or interest therein Wha
ever, and giving TO plaintiff such further relief
i in the Judgment ofthe Court IS equitable.
The defendants above notified are required
appear and answer on or before the 18th day
November, 1853 or said petition VIII be TAKE
!, sgsinst them as true. 7,5,r,i1,,s = nvOp1p
5ent. 1924 Plaintiffs Attorneys.