Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-13
LEaAI.

Is sale Of lands.
ErAnklIu T. Baekas, pm,
against .I..
Evelyn d. Wilcox, Cath
arine Wilcox, Henry c.
Burtman, Joshua j. Ne.
ClintOck and Edward
Whpple, defendants.
FFNHE defendants who hsve not received
4 notice by service Of summons herein, viz;
Henry @. Burtmsn and Edward Whipple will
take notice that on the l4th day Of September
A. D. 1853, the plaintiff 6lsd his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
IN that the defendant Evelyn H. Wilcox on the
2Jth day Of November 1851, executed and deliV-
cred 70 the defendant McClintock his dveprom-
lsory notes. one for Si57, payable June lstf
louzi one for 500, paysble November lst, 1852
one Tor 600, payable November lst5 1865 one for
SzJls payable November lst, 1854, ana one iOr
s2JO payable November lst, 1865, all bearing IN
terest from the date thereof; that to secure the
payment OF these notes said defendants Evelyn
II. wilcox and Csth8rine Wilcox, wife OF said
Evelyn II. executed November 10th, 1851, q
mortgage deed to sad McClntOck which is re-
corded IN Cuyahoga County Records, Vol. Il6s
page 4s4 according to the terms of which mort
gage deed, said Evelyn II. Wilcox and his wife
CathGrne conveyed TO said McChntock the fol-
lowing described promises, situate in the town
ship OF Bedford in CuyahOga County, Ohio and
known as the east part of lot No. thlrty-nlne,
bounded north, south and east by the line OF
said lot and west by ten acres Of land in said lot
heretofore decided by James Berdan and wife to
one-hundredth acres Of land; the condition Of
which mortgage dee was such, that, whereas
said Evelyn h. Wilcox did execute and deliver
as Aforesaid his said hYe promisory notes to said
McClintock, if said Evelyn H. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McCIntock, his heirs or assigns,
then said mortgage deei should be void but
otherwise remain in full force and yirtue and
furthermore, that all Of said notes, except The
one for Sl57, payable June LIST, 1862, were drlJ
e aurI Taf 3 IN ffrfafl rra
still holds them that Of said nC tes 50 gEedl
the one for 500, payable November 1st, 1862,
came to maturity November 4th, 1sG2, but was
not then paid nor any part thereof, ana that the
same has not since been paid either in whole or
part. That said defendant Burtman, who claims
some interest IN said premises, has according to
the best Of plaintiffs knowledge and behefnO in
terest therein OF any validity that, to the best Of
9 plaintiffs knowledge and belief, the note for
S157 above mentioned payable June Ist, ls6Z, has
; been fully paid; that the defendant WhIpple
/ claims some interest in said premises by virtue
/ Of certain judgment given in his favor against
the defendant McCilntOcE and others by the
Court Of Common Pieas within aad for said
| County and state ln the May term Of SAID Court,
A. D. 1859 for SI2l 96-le0, portion Of hieh re-
/ mains unpaid and the Judgment to that extent
| unsatisfed, but that plaintiff being ignorant
whether seid Whpple and McClintoek have st
/ this time any subsistiug hen upon said premis-
| es, demands proof Of the same; said petition
/ therefore asks that account be taken OF the
amount due plaintiff. his mortgage fOreclosed,
| the priorites of lien determined, the said lands
| and tenements ordered to be sold, the proceeds
/ or so much thereofas may be necessary, applied
/ to the payment Of his debt, and that he may
have such other and further relief in the premls-
/ es as he is IN equity entitled to claim.
Said defendants, Eurtman and Whipple, are
/ hereby notified that they are required TO appear
| and answer said petition on or before the third
Saturday after the 5th day Of November, A. D.,
/ 1868.
| BACKUs & NOBLE,
sept2iIzs Plainff's Attorneys.
| STATE OF OHIO, = In Common Pleas-Ac-
| Cuyahoga County, s. ton to Quiet Title.
Jennett Belts, plaintiff,
| against
| Esther Brennan, Law
| renee LAWN, Mary
| LAWN, Edward Du-
shane, Catherine Du-
| shane, Edward Sla-
ter, Bridget Slater,
/ Elizabeth Brennan
and Ann Brannan,
| defendants.
NOTICE.-The above named defend
IN ants, Esther Brennan, Lawrence LAWN, Ed
| ward Dushane, Catherine Dushane, Edward Sla-
| ter, Bridget slater, Ehzobeth 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
| win, stating therein as follows, that ssid Law
| renee LAWN executed and delivered 10 the Plain
tiff his note OF bond under seal, March 9th, 1858,
| promising to pay the Plaintiff s1,20o with inter-
est at ten per cent per unnuLn, and with his wife,
MARY 1ALfAls on Lllt same AaN EAeGultu anu uc-
| 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 VI. WoOlseys subdivision Of lots number
I63 to l6T and Of parts oflots l56 to le2, all in
elusive, ofthe original city or two acre lots, and
| and bounded as follows beginning al q point
66feet north Of the intersection Of Chestnut and
| Muirson streets, thence northeTly along the
casterly hne of Muirs0n street, one chain
to stake marked s. %, 80 thence
easterly at right angles with MuirsOn
street and parallel with Chestnut street
two chains TO stake-thence at right angles
with the last mentioned line one chain south
wardl dly-thence westwardly on the line Of lot "a
20 the place Of beginning, ne the same more or
less which mortgage deed is recorded in Cuya-
| hOga county RecOrds1 volume 6S, pages 239, 40
and Z4l thai sald 5enuett Belts hled her petI-
ton against said Lawrence and Mary LAWN,
among others, IN the Court Of Common Pleas Of
| CuyahOga county, Ohio, February lst, 1859, rep
| reseutng therein that said mOrtg gage was the lst
| lien on said premises, that IFS condition had
| been broken by said LAWNS failure to pay said
| note which iE was given TO secure, that said La
wins owed her 81, 40 With interest at 10 per cent
from March 9Th, 1858, and asking account to be
| taken of her SAID 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 prioTites Of
lien therein determined; that said Court, at the
| February term thereof, A. d. 1855, after all the
| defendants IN said suit had failed to answer, and
/ the CONit ma taken account OF plMutI 9 CLAIM
! and heard the proofs, gave the plaintiff Judgment
! for s2,O9l - and costs, and ordered SAID prem
| ises to be sold to apply thereon; that said
sale took place as ordered aid in accordance
| with the law February 4th, 1850; said premises
being sold TO plaintiff for SS68, and was re-
| turned to said Court and approved BY the same
| at the February Term, 1860, and a deed ordered
] to be given plaintiff, which was executed and de-
ivered to plaintiff on the 18th Of March, lsGO, by
| Henry G. Abby, Master Commits sioueT Of said
! Court and Is recorded in Cuyahoga County Rec
ords, volume lO5, pages ~ and az that plain
| tiff took possession Of said premises'under sad
| deed, has retained It ever since, and still re-
mains IN peace able possess on thereof and said
petition goes on to state that after the date Of
said mortgage deed from said Lawns to the plain
tiff, and prior to the proceedings above recited.
| to wit, August 13, 1888, said Lawns conveyed by
warranty deed their interest in said premises tc
| Patrick Brennan, who then received the legs.
title thereto and retained the same till his death
and that he held it at the time said preceding
] above recited took place in said Court Whicl
| deed is recorded in CuyahOga County Records
| volume G7s pages $50 and 330i that by some over
| sight, said Patrick Brennan, who vas aneeessarl
| party to said proceedings in Court above related
! was not made q party thereto and that, N cOnse
| quence, after the termination Of the same, h
| still claimed, end apparently possessed an inter
| est in said premises adverse to PLAINTIFFS title
that said Brennan diad IN the spring OF 1853,
plaintiff believes iutestater leaving ~ his heirs
at-laW the above named deiendants Mary LAWN
| Cathsrine Dushane, Bridget Slater, Elzabet
| Brennan and Ann Brennan, upon whom said de
| cedent's interest IN sud premises, whatever
| might be, descended, and in whom lt now rest
| subject however, to the dover interest Of sal
| defendant Esther Brennan, widow Of said decs
| dent; that said heirs-at-law are also the chldre
| OF said decedent, and are Of fUll age, and thi
| said dciendHntss lawrence LAWN, Edward DJ
! snRue and Edward Slater are husbands Of sal
| defendants, Mary Lawn, CathRrine Dushane an
| Bridget Slater, respectively; and that none
| said defendants have any valid claim or lntere
| in said premises except the right to redeem u
| same by paying in full the deOt found due d
| plaintiff from SAID defendant Lawrence Lawn,
| said Court as Aforesaid, which debt still remain
| unpaid, 20 far as twas not satisfied by the sale
| plaintiff Of the mOrtgsged premises and sa
| nalltinn asEa Tint Lha la-erlanls ka renmIrad