Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-24
BACkU3 3 NOBLE
Plaintif's AttorneYs.


Esther Brennan, Law
renee LAWN, Mary
LAWN, Edward Du-
shane, Catherine Du-
shane, Edward Sla- .. ...-.-.-. .-.. -a.
ter, Bridget Slater,
Elizabeth Brennan
and fAnn Brannan,
defendants.
NOTICE.-The above named defend
ants, Esther Brennan, Lawrence Lawn, Ed
ward Dushane, Catherine Dushane, Edward Sls-
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
tif his note or bond under seal, March Sth, 1855,
promising to 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-
livered 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 80 IN the map Of
John N. WOolsey's subdivision Of lots number
l63 TO l63, and Of parts OF lots l58 to l62, all in
and bounded as follows beginning at 4 point
66 feet north Of the intersection OF Chestnut and
MuirsOn streets, thence nOrthefly along .he
casterly line Of MuirsOn street, one cham
to a stake marked S. %, So thence
essterly At right angles with MuirsOn
street and parallel with Chestnut street
with the last mentioned line one chain south
waTdly-thence westWardly on the line oflOt "a
to the place Of beginning, be the same more or
less 5 which mortgage deed is recorded in Cuys-
hoga county Records, volume 6s pages 239, 240
and al that said Jennett Belts 6led her petit
ton against said Lawrence and Mary Lawn,
among others, in the Court Of Common Pleas Of
CuyahOga county, Ohio, February LIST, 1859, rep
resenting therein that said mortgage was the lst
lien on said premises, that its condition had
been broken by said Lawns failure 70 pay said
note which ii was given TO secure, that said La
wins owed her 81 200 with interest at 10 per cent
from March 9th, 1883, and asking sccOunt to be
taken of her SAID clam, that she might have
Judgment for the smount found due her, that
sad premises might De sold and the proceeds
applied on her said debt, and the priorites Of
lien therein determined /; that said Court, at the
February term thereof, A. ID. 1859, after all the
defendants in said suit had failed 70 answer, and
the Court had taken account Of plaintiff q claim
and heard the proofs, gave the plaintiff judgmen
for s2,O9l rs, 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, 1850; said premises
being sold 10 plaintiff for SS68, and WAS re-
turned to said Court and approved by the same
at the February Term, 1890 and deed ordered
to be given plaintiff, which was executed and de-
lvered 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 AZ; that plain
tiff took possession Of said premises under said
deed, has retained 1t ever since, and still re-
mains IN peaeeable 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 prior to the proceedings above Tecited,
to Wit, August Is, 1858, said Lawns conveyed BY
warranty deed their interest in said premises %
Patrick Brennan, who then received the legal
title thereto and retained the same till his DEATH
and that he held it st the time said proceedings
above reeited took place in said Court which
deed is recorded in Cuyahoga County Records,
volume 81, pages $50 and $40; that by some over
al OH Rrannan vi hn nvrag n n
party to said proceedings IN Court above related,
was not made party thereto and that, in cOnse-
quences after the termination Of the same, he
still claimed, and apparently possessed an inter-
est in said premises adverse to plaintiffs title
that said Brennan died in the spring Of 1868, as
plaintiff believes intestate, leaving as his heirs
st-laW the above named defendants Mary LAWN,
Catharine Dushane, Bridget Slater, Elizabeth
Brennan and Ann Brennan, upon whom sald 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 heirs at-laW are also the children
of said decedent, and are of ull 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 to redeem the
same BY paying In fuil the debt found due the
plaintiff from said defendant Lawrence Lawn, by
said court as Aforesaid, which debt still remains
unpaid, so far as twas not satisfied by the sale to
plaintiff Of the mortgaged PREMISES and said
petition asks that the defendants be required 20
answer and set forth their interest in said prem
lses, that they or some one Of them Be ordered
to pay or cause 70 be paid to the plaintiff, within
time TO be fixed by the Court, said sum OF s209l,
70 with interest at 10 per cent. nom said Februa-
~ 2lst, 1859, and said costs taxed S26O6, and N
default Of ssid payment, that plaintln may nave
decree debarring the defendants forever from
redeeming said premises, and declaring them te
have no farther estate or interest therein what
ever and giving to plaintiff such further relief as
in the judgment OF the Court Is equitable.
The defendants above notified are required 70
sppear and answer on or before the 2Sth day Of
November, 1858, or said petition viii be taken
against them as true.
BACKUS & NOBLE,
Sept. 2e:l24 Plaintiffs Attorneys.