Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-04

defendants.
| N0TICE.-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 take notice that the Plaintiff has
/ hled her petition in the Court Of Common Pleas,
IN SAID county, against them and said Mary La
| win, stating therein as follows, thst said Law
renee Lawn executed and delivered TO the Plain
| tin hlsnOte 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-
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
OhloJ and known as lot number 50 IN the map OF
John NJ. WoOlsey's subdivision OF lots number
l65 to l61, and Of parts ofots l56 to 62, all in
elusive, Of the original city or two acre lots and
and bounded as follows beginning at point
66feet north of the intersection ofChestnut and
| Mulrson streets, thence northerly along the
easterly line Of Muirson street. one cham
| TO stake marked s. 80, S3 - thence
easterly at right angles with Muirson
| street and parallel with Chestnut street
\ two chains to a stake-thence at right angles
| with the last mentioned line one chain south
| WardIy-thence westwardly on the line OflOt 81
| TO the place Of beginning be the same more or
/ less; which mortgage deed is recorded in Cuys-
| hoga county Records, volume 6s, pages 239, 2iC
/ and al that said Jennett Belts filed her peti-
| ton against SAID Lawrence and Mary LAWN,
! among others, in the Court of Common Pleas Of
/ Cuyahoga county, Ohio, February 1st, 1859, 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, winch II was gwen 10 secure, that said La
wins owed her 81 20 with interest at 10 per cent
| from March 9th, 1858, and asking account to be
| taken of her said claim, that she might have
| Judgment for the amount found due her, that
| sad premises might be sold and the proceeda
applied on her said debt, and the priorites oi
lien therein determined that said Court, at the
| February term thereof A. d. 1859, after all the
defendants in said suit had failed TO answer, and
/ the Court had taken account Of plaintiff 3 claim
| and heard the proofs, gave the plaintiff judgmen
| for SZ,O3l To- and costs, and ordered said prem
| lses to be sold to apply thereon; that salt
| sale took place as ordered and in accordance
with the law, February 4th, 1860; said premises
/ being sold 70 plaintiff for SS68, and was re-
| turned to said Court and approved by the same
| at the February Term, 1850, and deed ordered
| 70 De gwen plalntlff, which was executed and de-
liVered to plaintiff on the 18th Of March, 1880, by
/ Henry G.. Abby, Master Commissioner Of said
| Court, and is recorded in CuyahOga County Rec
ords, volume los, pages 44l 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 ol
said mortgage deed from said Lawns to the plain
/ tiff, and prior to the proceedings above recited
/ to wilt, August Is, 1853, said Lawns conveyed BY
warranty deed their interest in said premises 70
/ Patrick Brennan, who then received the legal
4
| and that he held it 1T the time said proceedings
/ above reeited took place in said Court; which
deed Is recorded in Cuyahoga County Records
volume 81, pages S39 and $40; that by some over.
| sight, said Patrick Brennan, who was unnecessary
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.
i est 10 said premises adverse TO plaintiffs title
/ that said Brennan died in the spring OF 1868, IS
Plsintrt believes intestste, leaving as his heirs
| at-laW the above named defendants Mary LAWN
| Cathsrine Dushaae, Bridget Slater, Elizabeth
| Brennan and Ann Brennan, upon whom SAID de-
| cedent's interest in said premises, whatever il
might be, descended, and in whom it now rests
/ subject however, 70 the dover Interest Of ssic
| defendant Esther Brennan, widow Of said dece.
dent; that sad heirs at-la8 also the children
| OF said decedent, and are Of mll age, and tha
| said defendants, Lawrence Lawn, Edward Du.
! shane, and Edward Slater, are husbands Of said
| defendants, Mary LAWN, Gatharine Dushane anC
| Bridget Slater, respectively and that none o
| 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
plaintiff from said defendant Lawrence Lawn, BY
| said Court as Aforesaid, which debt still remains
unpaid, so far as was not satisfied by the sale e
| plaintiff OF the mortgaged premises and SAID
/ petition asks that the defendants be required &c
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, WIthr
time to be fixed by the Court, said sum Of sos, ,
10 with interest at 10 per cent from said Februa-
~ 2lst, 1853, and said costs taxed S26 O6, and in
default Of said payment, that plaintiff may have
a decree debarring the defendants forever from
| redeeming said premises, and declaring them te
have no farther estate or interest therein what
ever, and giving to plaintiff such further relief AZ
/ in the judgment Ofthe Court ls equitable.
| The defendants above notified are required 70
| appear and answer on or before the 2Sth day o.
November, 1868, or said petition will be taken
| against them as true. = n. =
| BACKUS & NOBLE,
Sept. 2s:I24 Plaintiffs Attorneys.