Daily Legal News - Common Pleas Notices
952167—Mallory Jackson, et al. vs. FirstPlus Bank.
FirstPlus Bank, whose last known address is 100 North Tryon Street, Charlotte, NC 28255, otherwise whose address is unknown, will take notice that on August 25, 2021, the undersigned, Mallory Jackson, Rafael Lee and Brandon Wray, filed their complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Plaintiffs are the owners in fee simple of certain property located at 2786 East 119th Street, Cleveland, Ohio 44120 (the "Property") and more fully described as follows:
Situated in the City of Cleveland, County of Cuyahoga and State of Ohio:
And known as being part of Original One Hundred Acre Lot No. 428 bounded and described as follows:
Beginning on the Westerly line of East 119th Street, as now established (50 feet wide) at a point 716.59 feet Northerly from its intersection with the Northerly line of Buckeye Road, S.E.; Thence Westerly on a line parallel to the Northerly line of said land conveyed to Joseph Halle and Joshua E. Hall, by deed dated April 6, 1872, and recorded in Volume 201, Page 178 of Cuyahoga County Records, 116 feet; thence Northerly and parallel to the Westerly line of East 119th Street, 40 feet; Thence Easterly on a line parallel to the Northerly line of land co conveyed to Halle and Hall, 116 feet to the Westerly line of East 119th Street; Thence Southerly along the Westerly line of East 119th Street, 40 feet to the place of beginning and being further known as Sublot No. 127 in the South-Woodland Rise Avenue Allotment, proposed, be the same more or less, but subject to all legal highways.
Plaintiffs are in actual possession ot the Property.
Defendant FirstPlus Bank, has, or may claim to have, some interest in or lien upon the Property by reason of a mortgage from Lane B. Jackson and Rannie M. Jackson, husband and wife, in the amount of $35,000.00, dated April 14, 1998, and recorded in Volume 98-04893, Page 4, of the Mortgage Records of Cuyahoga County, Ohio (the "Mortgage").
Plaintiffs have no adequate remedy at law.
Wherefore, Plaintiffs request the following relief of this Court:
(a) that fee simple title to the Property be found in Plaintiffs;
(b) that Plaintiffs' title to the Property be quieted as against Defendant FirstPlus Bank, and all others claiming through or under them;
(c) that the Mortgage be declared null and void and cancelled of record;
(d) that all Defendants be required to set up their interests, or be forever barred;
(e) that Plaintiffs recover their costs of this action; and
(f) that Plaintiffs' be awarded such other legal and equitable relief to which Plaintiffs may be entitled.
The defendant named above is required to answer on or before the 3rd day of November, 2021.
Mallory Jackson, Rafael Lee and Brandon Wray.
By Christian E. Carson, Attorney for Plaintiffs.