Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-08

and Ann brsnnanI
defendants.
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
win, sta ing therein as follows, that sid Law
renee LAWN executed and delivered to the Plan
tiff his note or bond under seal March 9th, 1858,
promising to pay The Plaintiff Sl,2OO with inter
est st ten per cent per annum, 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 90 IN the map Of
John NJ. Woolsey's subdivision Of lots number
l63 to l67, and Of parts oflots l56 to l62 al in
elusive, ofthe original city or two acre lots, and
and bounded as follows Beginning at point
&C feet north Of the intersection Of Cnestuut and
MuirsOn streets, thence northerly along the
easteTly line Of Muirson street, one chan
to q stake marked S. y, 81 thence
easterly at right angles with Muirson
street and parallel with Chestnut street
two chains to q stake-thenee at right angles
with the last mentioned line one chain south
wardly-thenee Eestwardly on the line lot 81
to the place Of beginning, Oe the same more or
less which mortgage deed is recorded in Cuya-
hoga county Records, volume 65, pages Z39I 40
and PAL; 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
resenting therein that said mortgage was the LIST
lien on said premises, that its condition had
been broken by said LAWNS failure to pay said
note, which it Wss given to secure, that said La
wins owed her 81 90 with interest at 10 per cent
from March 9Th, 1858, and asking account to be
taken OF her sad elalmi that she might nave
Judgment for the amount found due her, that
said premises might be sold and the proceeds
applied on her said debt, and The priOriues Of
lien therein determined that said Court, at the
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 plaintiff Judgment
for S2,09I T5, 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, 1850; said premises
being sold 10 plaintiff for ss6s, and was re-
turned to said Court and approved by the same
at the February Term, 1850, and deed ordered
to be given plaintiff, which was executed and oe-
lvered to plaintiff the 18th of March, 1850, by
Henry u. Abby Master Commissioner OF SAID
Court, and is recorded 10 Cuyahoga County Rec
Ords, volume lO5 pages Al and 442; that plain
til took possession Of said premises under SAID
deed, has retained 1t ever since, and sill re-
mains IN peaceable possession thereofi and SAID
petition goes on to state that after the date Of
said mortgage deed from said LAWNS to the plain
th, and prior to the proceedings above revlted,
to wit, August Is, 1853, 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
above recited took place in said Court which
deed is recorded in CUyahOga County Records,
volume CT, pages 339 and $40; that by some over
sight, said Patrick Brennan, who was necessary
party 70 said proceedings in Court above related,
was not made psrty 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 tit'e;
that said Brennan died IN the spring Of 1853, as
nj hal Fnfeafafn- = hpIrg-
at-laW the above named defendants Mary Lawn,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
cedents Infersst IN said premises, whatever 1t
might be, desce ended, and in whom II now rests,
snhlect however, 10 the dover interest Of said
d-lendant Esther Brennan, widow Of said dece-
dent; that sad heirs st-sH are also the children
OF said decedenii and are OF lul age, and that
said defendants, Lawrence Lawn, Edward Du-
shane, and Edward Slater, are husbands Of said
defendants, Mary lawn, Catharine Dushane and
said defendants have any valid claim or interest
in said premises except the right to redeem the
same by paying In fuii the deot found due the
plaintiff from SAID defendant Lawrence Lawn, by
said Court as Aforesaid, which debt still remains
unpaid, 80 far as it was not satisfied BY the sale to
plaintiff Of the moTtgsged premises; and said
petition asks that the delendants be required to
answer and set forth their interest IN said prem.
tses, that they or some one Of them be ordered
to pay or cause to be paid to the plaintiff, within
q time to be hxed by the Court, said sum OF S209,
70 with interest At 10 per cent. from said FebruA
~ 2lst. 1859, and said costs taxed S25O5, and in
default Of said payment, that plaintiff may have
a decree declaring the defendants forever from
redeeming said premises, and declaring them TO
have no farther estate or interest therein what
ever and giving 70 plaintiff such further relief as
IN the judgment Q the Court Is equitable
The de endants above notified are required 70
appear and answer on or before the 2sth Gay Of
November, lsss, o. said petition VIII be taken
1,,fTe BACKUs 4 NOBLE, v
Sept. as.174 A + Plaintiffs Attorneys.