Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-01

| NOTICE.-The above named defend
| 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
/ filed her petition in the Court OF Common Pleas,
/ IN said county, against them and said Mary La
/ yin, staiing therein as follows, that s-id Law
/ renee Lawn executed and delivered TO the Plan
/ tiff bis note or bond under seal March 9th 1873,
promising TO pay the PlalnhH 81 200 with inter-
est at ten per cent per Rnnum, and with his wife,
Mary Lawn, on the same day executed and de-
| liyered 70 PLAINTIFF mortgage deed 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 NJ. Woolsey's subdivision Of lots number
lb3 % lbft and OF parts ofiots ljG to l62 all IN
elusive OF the original city or two acre lots, and
| and bounded a. follows :-Beginning at point
| b6teet north Of the intersection of Chestnut and
| Murson streets, one chan 10 n stake marked
5. g, S-thence easteriy at right angles with
MnirsOn street and parallel with Chestnut street
/ two chains 70 a stake-thenca at right angles
with the last mentioned line one cham south
wardly-thence westwardly on the line oflot "a
/ % the place Of beginning, De the same more Or
| less which mortgage deed is recorded in Cuya-
hoga county Records, volume g, pages - 80
and 2il that said Jennett Belts filed her petit
| ton against said Lawrence and Mary LAWN,
/ among others, IN the Court Of Common Pleas OF
Cuyahoga county, Ohio, February lst' 1850 rep
resenting therein that said mortgage was the lst
lien on said premises, that its condition had
been broken by said LAWNS failure 70 pay said
note, IS hich It was given 70 secure, that SAID La
ylus owed her 81, 30 with interest At 10 per cent
nom March 9TH, 1853, aud asking account 20 be
taken Of her sad clam, thSt 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 priorues OF
lien therein determined ; that said Court, at the
February term thereof, A. d. 1859, after all the
deiendants IN SAID suit had iailed 70 answer, and
the Court had taken account Of plaintiffs claim
and heard the proofs gave the plaintiff Judgment
for sZsO9l 70 aud costs, and ordered said prem
ises 70 be sold to apply thereon that said
sale took place as ordered and in accordance
With the law, February 4th 1sGQ; said premises
beng sold 10 plaintiff for SsG8, and was re-
turned 20 said Court and approved by the same
at the February Term, 1890, and deed ordered
% De given plaintiff which was executed and de-
lyered TO plaintiff on the 18th OF March, 1890, by
Henry G.. Abby, Master Commissioner Of said
Court and Is recorded 10 CuyahOga County Rec
oTdss volume los, pages AL and 4f2; that plain
ud took possession Of said premises under said
deed, has retained II ever since, and still re-
mains IN peaceable possession thereof; and said
petition goes on TO state that after the date Of
stld mortgage deed from SAID Lawns to the plain
TN and PRIOR TO the proceedings above recited
10 VII, August Is, 1853, said Lawns conveyed by
warranty deed their interest in said premises 70
fatnck Brennan, who then received the legal
tile thereto and retained the same till bis death,
ana that he held IL at the time said proceedings
above rectted took place in said Court which
deed is recorded IN Cuyahoga County Records,
sight, said Patrick Brennan, who was necessary
party 20 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-
e-t Ia said premises adverse 10 plaintiff title
that said Brennan died in the spring OF 1858, as
plaintiff believes intestate, leaving a. his heirs
at-laW the above named defendants Mary Lawn
Cat1arine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
cedents interest in said premises, whatever il
nj ght be, descended, and in whom It now rests,
subject however, 70 the dover interest Of said
d.fendaut Esther Brennan, widow Of said dece-
de1ti that sad heirs atlaW are also the children
ssld defendants, Lawrence LAWN, Edward Du-
shane, and Award Slater are husbands OF said
deiendauis, Aai ) Lawn, CathaTine Dushane and
Bridget slater, TespeCti Vely +; and that none Of
SID defendants have any valid claim or interest
IN said premises except the right 70 redeem the |
same b. paying in full the deut found due me |
plaintiff from sad defendant Lawrence Lawn, by |
said Court as aforezaid which debt still remains /
unpaid so iar as u was not sat SIZED by the sale 20
plalnlu o. the mortgaged premises and said /
petilion asks that the defendants be required to /
answer and set forth their interest 10 said prem
ses, that they or some one OF them be ordered /
70 pay or cause 70 be paid 10 the plaintiff within Il
time 70 be fixed BY the Court, said sum Of s209l-
70 with interest Al 10 per cent from said Februa-
y zlst, 1909, and said costs taxed s26 0j, and in
default Of said payment. that plaintii may have
: decree declaring the def5ndants forever from Il
said premises, and declaring them 70 l
have no farther estate OF interest therein what
ever, auc giving 70 plaintiff such further relsfas
n the Judgment ofthe Court II equitable
. The deiendants above notified are reuuired 70 |
lpPesr and ansEeron or before the 2sth day Of
soyen9oer, 1853, or said petition viii be taken
lgainst them IS true.
BAcKUs NOBLE,
bept-2pl24 Plaintiffs Attorneys.