The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-21
Legal Notice TO Non Resident De-.
PENDANTS,

PENDANTS,
The Canton stonewarel In the Court of Com
Company; Plaintiff Of sI1pP mGP PiS@s pnSstv
Susan Miller ct al, De- Ohio.
PENDANTS. Petition to Quiet Title.
Susan Miller. a child and heir of David
Stoner, deceased, David Miller, John Miller,
Elizabeth Miller, Ethel Miller and Mary
Miller, children of said Susan Miller, all of
whom reside at, and whose postofliCe address
is Dunlaps, Indiana; Rebecca lands, inter.
married with Henry lands, a child and heir
Of said David Stoner, deceased, who resides
at, and whose postoffiCe address is Elkhart,
Indiana; Jacob Lands, who resides at, and
whose postoflice address is Abiline, Kansas;
and John Shurtz, who is the administrator of
said David StoneT, deceased, and who resides
at, and whose postofCe address is White
Pigeon, Michigan; will take notice that on the
29th day Of April, 1896, the said plaintiff, The
Canton StODcware Company, filed its petition
in the Court of Common Pleas of Stark
county, Ohio, in cause number II 1885, against
them, and others, in which it demands the
quieting OF its title as against any claim, mort
gage, right, lien lease, or other estate 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 H.
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.l2 chains to a post in the
creek, thence up said creek north
s74 deg, E1.75 chs. to a post, thence S 5si
deg, +. 1870 chs, to post, thence S OF deg.
f, 2.23 chs. toa corner in said creek thence 5.
72l deg. +. 81 chs to corner in said creek
under the bridge, thence 81 deg, f. with the
Steubenvlle road 5.45 chs. to a stone in said
road thence 90 deg, West chs. to stone
thence S71 deg. W .3.46 chs. to a stone, thence
south wardly Is 46 chs to the south boundOry
of said quarter section, thence with il west
wardly 9.25 chs to place of beginning contain
ing go SO acres.
Second Tract-Beginning at stone in the
state road, leading from Canton TO Steuben-
vile, and running thence with said road ). 3t
deg. f.. l.S7 chs, to a stone, thence s. 81 deg.
E.l3.46 chs. TO stone on the south line of
said quarter, thence with said line westwardly
10 chs. TO a stone and corner Of lands of
Bachert & Co.. thence with their lands the
three courses and distances following north
wardly l3. 46 chs. to a stone, S. IS deg. E,346
chs. TO a'stOne, n. 654 deg + 3 chs to the be-
ginning, containing 10 acres.
And particularly as against mortgage on
real estate dated April 20th 1867 made by
Henry Miller TO said David StOner, 20 secure
a promissory note of the same late for One
Thousand dollars (Sl, ,00000 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 30th 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. %, 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 10 said David Stoner, who,
as the agent of, and with the knowledge and
consent of said assignees of said mortgage, on
the goth of September, 1892, cancelled the
same in his name on the margin of the said
record thereof; and as against a mortgage on
1888 acres, and 5l.1O0 of an acre parcels of
said real estate, made on the end day of De-
cember 1870, by G. W. Eyster to said David
StOner to secure the payment of three several
promissory notes of said date, one for two
hundred dollars (S200), payable April LIST,
1872, one for two hundred dollars (S20O), pay
able April lst, 1878, and one for one hundred
and ninety-two dollars and seventy cents
| (Sl9270), payable April 1st, 1874, which mort
gage was recorded on the sth day of Deem
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 the
said David Stoner died in March, 1895, and
that the defendant John Shurtz, was appoint
ed and duly qualified and continued to be his
administrator; and also as against mortgage
made on the 25th day of November, 1872 by
Philip Shearer to said David Stoner, on said 10
acre tract of land TO secure two prOmissory
| notes Of said date, each for the payment of
three hundred and twenty-five dollars 1925
on the 10th of November, 1875, AID the other
on the 10th of November, 1876, which mort
gage was recorded in the mortgage records of
said county, in Vol. 1873, p, 1876, and which
was assigned in the month of April, 1873 by
said David Stoner by "a written assignment ON
the margin of said record of said mortgage
subscribed by him TO the defendant, Jacob
| lands.
Said petition alleges that said notes and
mortgage were fully paid by said SheaTer to
said Jacob lands, but that said mortgage was
never cancelled on the margin Of the record
! thereof.
The petition also alleges that said defendants
| formerly had or claimed some interest in and
to leases, drain and coal rights in the above
described premises or some portions thereof
| The prayer of said petition is that the title
of the plaintiff to said real estate be qneted as
against said mortgages, and all other claims,
title, lien, mortgages and interests Of the said
defendants or anv or either of them il any, in,
10, or against said premises and every portion
thereof, and that all of the same be declared
void and cancelled.
Said defendants are required TO answer said
petition on or before the 9th day of June,
1896, or the allegations thereof will be taken
as true, and proceedings will be had accord
ingly
FREASE & FREASE, and
JOHN II, sPONSELLER,
Attorneys for Plaintiff.