Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-16

NJ OTlCE.-The above named defend
ants, Esther Brennan, Lawrence Levin, Ed
ward Dushane, Catherine Dushane, Edward Sla-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan viii take notice that the Plaintiff has
iled her petition in the Court Of Common Pleas,
in said county, against them and said Mary Ls-
win, stating therein as follows, that said Law
renee LAWN executed and delivered to the Plain
tlf his note or bond under seal, March 9Th, 1868,
promising 10 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-
nvered TO Plaintiff mortgage deed as security
for sald 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 N. Woolsey's subdivision of lots number
l63 to 16I, and Of parts Of lots l56 to l62, all in
elusive, Ofthe 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. 81, 81 thence
easterly at right angles with MuirsOn
street and parallel with Chestnut street
two chains to stake-thenee at right angles
with the last mentioned line one chain south
wardly-thenee WestWardly on the line Of lot 81
to the place OF beginning, be the same more or
less ; which mortgage deed is recorded in Cuya-
hoga county Records, volume 6S, pages Z395 Z4O
and 24l; 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, 1883, rep
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 priOuhes Of
February term thereof, A. d. 1859, after all the
defendants in said suit had failed to answer, and
the Court had taken account Of plaintiffs claim
and heard the proofs gave the plmntlh Judgmen
for S2,O9l 70, and costs, and ordered said prem
ises 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 TO plaintiff for ss6s, and was re-
turned to said Court and approved by the same
at the February Term, 1860, and deed ordered
TO be given plaintiff, which was executed and de-
lvered to plaintiff on the 18th Of March, 1860, by
Henry G. Abby, Master Commissioner Of said
Court, and is recorded in Cuyahoga County Rec
ords, volume los, pages al and 442; 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 thst after the date Of
SAID mortgage deed from said Lawns to the plain
TIL, and prior to the proceedings above reclted,
to Wit, August 13, 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 at the time said proceedings
above recited took place in said Court which
deed is recorded in Cuyahoga County Records,
volume 67, pages 339 and $40; that by some over
sight, said Patrick Brennan, who was anecessary
party to said proceedings in Court above related,
was not made party thereto and that, in conse-
quenee, after the termination Of the same, he
still claimed, and apparently possessed an inter-
est 10 said premises adverse to plaintiffs title;
that said Brennan died in the spring OF 1868, as
plaintiff believes intestate, leaving as his heirs
at-laW the above named defendants Mary Lawn,
Catharine Dushane, Bridget Slater, Elizabeth
HFammum brennan uuh h0r sal
cedents interest in said premises, whatever it
might be, descended, and in whom it now rests,
subject however, to the dover interest Of said
defendant Esther Brennan, widow Of said dece-
dent; that said heirs -at-aW are also the children
Of said decedent, and are of Iull age, and that
said defendants, Lawrence Lawn, Edward Du-
shane, and Edward Slater, are husbands Of said
defendants, Mary Lawn, Catharine Dushane and
Bridget Slater, respectively; and that none Of
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, far twas not satisfied by the sale to
plaintiff Of the mortgaged premises; and said
petition asks that the defendants be required to
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, within
a time to be fixed by the Court, said sum Of S209i,
70 with interest at 10 per cent from said Februa-
ry 2lst, 1853, and said costs taxed S26O6, and in
default Of said payment, that plaintiff may have |
decree ueDarrlng the delendants forever rom |
redeeming said premises, and declaring them to |
have no farther estate or interest therein what
ever, and giving to plaintiff such further reliefas
in the judgment Ofthe Court IS equitable.
The defendants above notified are required 10 |
appear and answer on or before the 2sth day Of |
November, 1868, or said petition will be taken |
against them as true.
BACKUS & NOBLE,
Sept. 29124 Plaintiffs Attorneys.
st. Clsir-st. N. 3 ChuIeh, Plt'f, Before G. d BEN
ham, Justice Of I
Chatlet p. DaVia Deft the Peace Of /
Cleveland Township Cuyahoga county, Ohio.
ON TIE 10TH DAY OF OCTO-
I BEE S63, said Justics issued an order Of At |
a,hm' nj in {. above action for the sum Of $3.50
ST. CLAIR-ST N. NJ. CHURCH /
OCfIi-l21 ifv tsraa1 b Hester