Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-31

Jennett Belts, plaintiff,
Esther Brennan Law
renee LsSin, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sls-
ter, Bridget Slater,
Elizabeth Brennan
and Ann Brannan,
defendants.
n NOrICE.-The above named defend
y ants, Esther Brennan, Lawrence Lsvin, 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
win, stating therein as follows, that said Law
renee Lawn executed and delivered to the Plain
tiH his note or bond under seal, March 9Th, 1858,
promising TO pay the Plaintiff 81 200 with inter-
est at ten per cent per snnum, and with his wife,
Mary Lawn, on the same day executed and de-
livered 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 SO in the map Of
John NJ. Woolsey's subdivision of lots number
1853 to l67, and of parts of lots l56 to l62 all in
elusive the original city or two acre lots, and
and bounded as follows beginning at point
66feet north of the intersection OF Chestnut and
Muirson streets, thence northerly along the
casterly line Of Muirson street, one cham
| to stake marked S. 80, 80 thence
| easterly at right angles with Muirson
street and parallel with Chestnut street
| two chains to 8 stake-thence at right angles
With the last mentioned line one chain south
/ wardly-thence westwardly on the line oflOt "a
| to the place of beginning, De the same more or
/ less; which mortgage deed is recorded in Cuya-
| hoga county Records, volume 6S, pages 239, 24O
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
| CuyshogR county, Ohio, February lst, 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, which it was given to secure, that said La
wins owed her 81 200 with interest at 10 per cent
! from March 9Th, 1883, 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 priOritIes o
| lien therein determined; that said Court, at the
| February term thereof, A. ID. 1883, after all the
defendants IN said suit had falled to answer, and
| the Court had taken account of plaintiffs claim
| and heard the proofs, gave the plaintiff judgmen
| for S2,O9l 10, and costs, and ordered said prem
ises to be sold to apply thereon that saiu
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, 1880, and deed ordered
to be given plaintiff, which was executed and de
liVered to plaintiff on the 18th of March, 1850, BY
| Henry q. Abby, Master Commissioner Of sale
| Court and is recorded in Cuyahoga County Rec
| tiff took possession Of said premises under saiC
| deed, has retained It ever since, and still re
mains in peacssble possession thereof; and saiC
| petition goes on to state that after the date 0
said mortgage deed from said LAWNS to the plain
| tiff, and prior to the proceedings above reclted
to Wit, August Is, 1855 said LAWNS conveyed b,
warranty deed their interest in said premises Il
| 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 q
above recited tOak PlsO7 in -Sei9 OourLi HHGI
1 ,.IT Ta Iadf in hfaU RHn0Fng
volume 81, pages 339 and 340i that by some over
! sight, said Patrick Brennan, who was anecessaT
party 10 said proceedings in Court above related
was not made party thereto and that, In conse
cuence, after the termination Of the same, h
still claimed, and apparently possessed an inter
| est 10 said premises adverse TO plaintiffs title
that said Brennan died in the spring Of 1868, q
plaintiff believes intestate, leaving IS his heirs
at-laH the above named defendants Mary Lawn
| Catharine Dushsne, Bridget Slater, EllEabes
Brennan and Ann Brenrsn, upon whom sad de
cedent's interest in said premises, Whatever
might be, descended, and IN Whom II now restl
| subject however, TO the dover interest of sal
defendant Esther Brennan, widow Of said dece
dent; that SAID heirs at-laW Rre also the chlldre
| OF said decedent, and are OF nI agel and tbs
said defendants, Lawrence Lawn, Edward Do
snane, and Edward Slater, are husbands OF sal
defendants, Mary Lawn, Catharlne Dushane an
Bridget Slater, respectively; and that none
| said defendants have any valid claim or lnteres
| in said premises except the right to redeem tn
same by paying in full the debt found due th
| plaintiff from SAID defendant Lawrence Lsyln, b
said Court as Aforesaid, which debt stlll remain
unpaid 20 far as it was not satisfied by the sale
plaintiff OF the moTtgaged premises and sal
petition asks that Lhe defendants be required {
answer and set forth their interest in sad prem
lses, that they or some one Of them be ordeTe
to pay or cause TO be paid to the plaintiff with
time to be fixed by the Court, said sum Of S20el
rs with interest at 10 per cent. from said Februs
~ 2lst, 1859, and said costs taxed S26O3, and ]
default Of said payment, that plaintiff may hav
8 decree debarring the defendants forever frol
redeeming said premises, and declaring them
have no farther estate OF interest therein Wha
ever, and giving to plaintiff such further relief
In the Judgment the Court Is equitable.
The defendants above notified are required I
appear and answer on or before the 2sth day
November, 1868, or said petition will be take
: against them IS true.
BACKUS NOBLE,
sent 1924 Plaintiffs Attorneys.