The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-14
Legal Notice to Non Resident De.
PENDANTS,
The Canton Stoneware
Company, Plaintiff,

tOuudutos
The Canton stoneware In the Court of Com
Company, Plaintiff mon Pleas
VS.. Of Stark County,
Susan Miller ct al, De- Ohio.
PENDANTS. Petition to Quiet Title.
Susan Miller. a child and heir of David
Stouer deceased, David Miller, John Miller,
Elizabeth Miller Ethel Miller and Mary
Miller, children Of said Susan Miller, all of
whom reside at, and whose postotiice address
is Dunlaps, Indiana; Rebecca Lands, inter-
married with Henry I.andis a child and heir
of said David Stoner, deceased, who resides
at, and whose postofiice address is Elkhart,
Indiana; Jacob Lands, who resides at, and
whose postotlice address is Abilne, Kansas;
aud John Shurtz, who is the administrator of
said David Stoner, deceased, and who resides
at, and whose postotfice address is White
Pigeon, Michigan; will take notice that on the
29th day Of April, 1895, the said plaintiff Tho
Canton Stoneware Company, filed its petition
in the Court Of Common Pleas of Stark
county, Ohio, in cause number IL 1868, against
them, and others, in which it demands the
quieting of its title as against any claim, mort
gage, right, lien lease, other estate or inter-
est which the said defendants or either or any
of them may have or claim, or hereafter claim,
on. in, or to the following described real estate
situated in Canton township, Stark county,
Ohio, or any portion thereof, to-wit:
Parts of the southwest quarter of section Ii,
township 10, range S, Stark county, Ohio, de.
sCribed as follows:
First Tract-Beginning at the southwest
corner of said quarter, thence northwardly
with the western boundary Of said quar-
| ter 29.12 chains to post in the
creek, thence up said creek north
s73 deg, L LIS chs. to post, thence S 5sl
deg, Z. 1890 chs. to post, thence OF deg.
+. 2.23 chs. to a corner in said creek, thence s.
724 deg. f. 81 chs. to a corner in said creek
under the bridge, thence S 80 deg, Z. with the
| Steubenville road 5.45 chs. to stone in said
road thence S $50 deg, West chs. to a stone
thence S S79 deg W.3.46 chs.to a stone, thence
southwardly 1916 chs. to the south boundory
of said quarter section, thence with it west
wardly 9.25 chs to place of beginning contain
| ing 29SS acres.
Second Tract-Beginning at a stone in the
state road, leading from Canton to Steuben-
vile, and running thence with said road S. 3t
deg. f. l.S7 chs. to stone, thence S. 81 deg.
| E.l3.46 ems. TO a stone on the south line of
said quarter, thence with said line westwardly
| $40 chs. to stone and corner of lands of
| Bachert & Co., thence with their lands the
three courses and distances following north
wardly 1916 chs. to a stone, S. IS deg. E.3 46
| chs. TO a stone, n. 659 deg. + chs to the be-
| ginning, containing 10 acres.
And particularly as against mortgage on
real estate dated April Goth, 1867 made by
! Henry Miller to said David Stoner, to secure
| a promissOry note of the same late for One
| Thousand dollars Isl 900. 00) payable on the
| first day of April 1872, which mortgage was
assigned on the back thereof in writing by
said David StOner to said Susan Miller. and
her children, the said David, John, Elizabeth,
| Ethel and Mary Miller on the 3Oth day of
| April, 1867, which mortgage was recorded in
the mortgage records of said county on the
25th day Of May, 1867, in Mortgage Records
| Vol. "a, p. $50, and at the same time said as
signment was recorded on the margin of the
| record of said mortgage.
Said petition alleges that said mortgage and
note were fully paid to said David StOner, who,
as the agent of, and with the knowledge and
consent of said assgnees of said mortgage, on
the 26th of September, 1892, cancelled the
same in his name on the margin of the said
record thereof; and as against mortgage on
7.S3 acres, and 5l.100 of an acre parcels OF
said real estate made on the end day of De-
cember, 1870, by &. w. Eyster to said David
Stoner, to secure the payment of three several
promissory notes of said date, one for two
hundred dollars $4,000, payable April lst
1879, one for two hundred dollars (S200), pay.
able April list, 1873, and one for one hundred
and ninety-two dollars and seventy cents
(Sl02.70), payable April 1st, 1874, which mort
gage was recorded on the Sth day of Decem
Der, 1870, in Vol. 100, p. 473, of the mortgage
records of said county, and which said petition
alleges was, together with said notes, fully
paid to David Stoner in his life time, but re
mains uncancelled on said mortgage records
The said petition further alleges that tn,
said David Stoner died in March, 1885, ant
that the defendant John ShurtZ, was appoint
ed and duly qualified and continued to be hi
administrator; and also as against mortgage
made on the 25th day of November, 1872, b,
Philip Shearer to said David Stoner on said Il
acre tract of land TO secure two promissor,
notes of said date, each for the payment o
three hundred and twenty-five dollars 1895
on the 10th of November, 1875, and the othe
on the 10th of November, 1876, which mort
gage was recorded in the mortgage records O
said county, in Vol. l23, p 1856, and whic
, was assigned in the month of April 1873, b.
said David Stoner by a written assignment OF
the margin of said record of said mortgae,
! subscribed by him to the defendant, JaCo
lands.
mortgage were fully paid by said SheaTer
said Jacob lands, but that said mortgage wa
never cancelled on the margin Of the recor
J thereof
} The petition also alleges that said defendant
. formerly had or claimed some interest in AN
to leases, drain and coal rights in the abov
, described premises or some portions thereof
} The prayer of said petition is that the It'll
of the plaintiff to said real estate be queted a
!. against said mortgages, and all other claimi
|, title, lien, mortgages and interests of the sal
J defendants or any or either of them il any, in
} TO, or against said premises. and every porto
! thereof, and that all of the same be declare
, void and cancelled.
Said defendants are required to answer sal
petition on or before the 27th day of Jun,
4 1896, or the allegations thereof will be take
4 as true, and proceedings will be had ACCORD
Z ingly.
} FREAsE & FREASE, and
JOHN II. sPONSELLER,