Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-06

defendants. .-. .T.# -H
N0TICE.-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,
4 in said county, against them and said Mary La
win, stating therein as follows, that said Law
renee LAWN executed and delivered 70 the PLAIN
tiff his note or bond under seal, March 9Th, 1865,
/ promising TO pay the Plaintiff 81 ,2O0 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
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
l63 to l67, and Of parts ofloIs 1856 to l62, al in
elusive, ofthe original city or two acre lots, and
and bounded as follows Beginning at a point
GO feet north Of the intersection Of Chestnut and
Muirson streets, thence northerly along the
easterly line Of Muirson street, one cham
to stake marked s. ~, S3- thence
easterly at right angles with Muirson
street and parallel with Chestnut street
two chains to stske-thence at right angles
with the last mentioned line one cham south
wardly-thenee Westwsrdly on the line of lot 81
70 the place OF beginning, pe the same more or
less which mortgage deed is recorded in Cuya-
hogs county Records, volume 6s, pages 239, 240
and 24l that SAID Jennett Belts fled her petit
ton against said Lawrence and Mary LAWN,
among others, in the Court Of Common Pleas Of
Cuyahoga county, Ohio February lst, 1859, rep
resentiDg 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, which it was given to secure, that said La
vlns owed her 81 200 with interest at 10 per cent
from March 9Th, 1853, 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 prioritles Of
lien therein determined that said Court, at the
February term thereof, A. d. 1883, after all the
defendants in said suit had failed to answer, and
the Court had taken account Of plaintiffs claim
and heard the prootss gave the plaintiff judgment
for S9,091 IS, and costs, and ordered said prem
ises to be sold to apply thereon; that said
sale took place as ordered and in accordance
with The law, February 4th, 1860; said premises
being sold TO plaintiff for Ss6s, and was re-
turned to said Court and approved by the same
at the February Term, 1860, and a deed ordered
70 be given plaintiff which was executed and ue-
hyersd to plaintiff on the 18th Of March, 1860, by
Henry q. Abby, Master Commissioner of said
Court, and is recorded 10 Clyahogs County Rec
oTds, volume los, pages Al and 442; that plain
TIL took possession Of said premises under aaid
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 of
SAD mortsage deed from said LAWNS to the plain
ttf and prior to the proceedings above reeited,
to Flt, 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 at the time said proceedings
I
ABOVE reclted took place in said Court which i
deed is recorded in Cuyahoga County Records, /
volume So, pages 339 and $40; that BY some over
sight, said Patrick Brennan, who was necessary
party % said proceedingsin Court above related, 1
was not made party thereto and that, in eouse-
quenee, after the termination Of the same, he /
sun claimed, and apparently possessed an inter-
oct in said premises adverse to plaintiffs title
that said Brennan died in the spring of 1853, as
plaintiff believes interstate, leaving as his heirs
at-laW the above named defendants Mary LAWN,
gatharin9 Dughqua. Rriduat Gfatar Elzahafh 1
Brennan and Ann Brennan, upon whom SAID de-
eedent's interest in said premises, whatever It
might be, descended, and in whom it now rests,
subject however to the dover interest Of said
fendant Esther Brennan, widow Of said dece-
lent; that sad heirs s-Gt-aW are also the children
If said decedent, and are Of full age and that
'ald defendants, lawrence LAWN, Edward Du.
,hane, and Edward Slater, are husbands Of said |
Mary LAWN, Catharine Dushape and
5r1dget Slater, respectively; and that none of
aid defendants have any valid claim or interest
said premises except the right to redeem the
ane by paying IN full the dent found due the
plaintiff from said defendants Lawrence Lawn, by
aid Court as Aforesaid, which debt still remains
Unpaid, 80 far as twas not satisfied by the sale to
'lanun or the moEtgaGed premises and said
'etltion asks that the defendants be required to |
nswer and set forth their interest in said Rrern-
ses, that they or some one Of them be ordered
0 pay or cause to be paid to the plaintiff within
nms TO oe hxed by the Court, said sum Of S209l,-
Q WIN interest az 10 per cent. from said FebPaa-
y 2fst, 1859, and said costs taxed S26.O6, and in
efault Of said payment, that plaintiff may have
decree deharring the defendants forever from
edeem1ng said premises, and declaring them to
ave no farther estate or interest therein what
yer, ard giving to plaintiff such further relieras
! the judgment ofths Court y equitable.
The de endants above notified are required to
'ovember, 1868, or said petition VII be tsksn !
BAeKBs Z NOBLE. q
SAPh R''laA kiAiasSs AtseRsTsi