Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-26
BACKUs & NOBLE,
Plaintiff $ Attorneys.
sent2i:I23
In Common Pleas-Ac-
ton to Quiet Title.

Cuyahoga County, 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 fAnn Brannan,
defendants.
NOTICE.-The above named defend
Y ants, Esther Brennan, Lawrence LAWN, Ed
ward Dushane, Catherine Dushane, Edward Sla-
ter, Bridget Slater, Elizabeth Brennan and Ann
Brennan viii 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 or bond under seal, March 9th, 1858,
promising to pay the Plaintiff 81, 200 with inter-
est at ten per cent per annum, and with has wliel
Mary Lawn, on the same day executed and de-
liveTed to Plaintiff mortgage deed as security
for said note or bond, on the following described
Situate in Cleveland township in said State of
Ohio, and known As lot number 33 IN the map Of
John NJ. WoOlsey's subdivision Of lots number
l63 to l67, and of parts of lots 100 to l62, all IN
elusive, of the original city or two acre lots, and
and bounded as follows Beginning at a point
66feet north Of the intersection ofChestnut and
MuiTsOn streets, thence northerly along the
casteTly line of Muirson street, one cham
to a stake marked S. 32, S3-thence
easterly at right angles with Muirson
street and parallel with Chestnut street
two chains to a stake-thence at right angles
with the last mentioned line one cham south
Wardly-thence 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 IS, pages 49, 30
and 24I that said Jennett Belts filed her peti-
ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas OF
Cuyahoga county, Ohio, February LIST, 1859, rep
i'm nat lsf
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 200 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 puOubes OF
lien therein determined; that said Court, at the
February term thereof, A. D. 1883, after AL the
defendants in said suit had failed TO answer, and
the Court had taken account Of plaintiff S claim
and heard the proofs, gave the plaintiff judgmen
for S2,09l Is, and costs, and ordered said prem
ises to be sold to apply thereon; that SAT-
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 same
at the February Term, lS6O, and a deed ordered
to be given plaintiff, which was executed and de-
livered to plaintiff on the 18th of March, 1850, by
Henry G. Abby, Master Commissioner Of SAID
Court, and is recorded IN CuyahOga County Rec
ords, volume los, pages Al and ~ that PLAIN
tiff took possession Of said premises under sad
deed, has retained 1t ever since, and still re-
mains In peaeeabe possession thereof; and SAID
petition goes on TO state that after the date OF
said mortgage deed from said LAWNS to the plain
tiff, and Pror to the proceedings above recited,
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 il at the time said proceedings
above recited took place in said Court which
deed is recorded in CuyahOga County Records,
volume 81, 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 eOnse-
quence, after the termination Of the same, he
still claimed, and apparently possessed an inter-
est in said premises adverse to PLAINTIFF title
that said Brennan died in the spring of 1868, as
plaintiff believes intestate, leaving As his hers
at-laW the above named defendants Mary Lawn
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom SAID de-
cedent's 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 hers-st-laW are also the children
OF said decedent, and are of mh age, and that
said defendants, Lawrence Lawn, Edward Du-
snane, 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 20 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 as 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
ises, that they or some one of them be ordered
to pay or cause to be paid to the plaintiff, within
time TO be fixed by the Court, said sum Of S2O9l,
rs with interest at 10 per cent. from said Februa
~ 21st, 1859, and said costs taxed s26.06, and in
default Of said payment, that plaintiff may have
a forever
redeeming said premises, and declaring them to
have no farther estate or interest therein what
ever, and giving 70 plaintiff such further reliefas
in the judgment ofthe Court IS equitable.
The defendants above notified are required to
appear and answer on or before the 2Sth day Of
November, 1868, or said petition will be taken
against them as true.
BACKUS B NOBLE,
gent Do-124 Plaintiffs AttOrnava