The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-06-11
Legal Notice 10 Non Resident De.
fendants,
The Canton Stoneware
Company, Plaintiff,
In the Court Of Com
mon Pleas
Of Stark County,
OhiO.

Company, Plaintiff ot s1aep %Gp PlSSs Pleas
Susan Miller ct al, De- Ohio.
PENDANTS. Petition to Quiet Title.
Susan Miller, 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 postoffice address
is Dunlaps, Indiana; Rebecca Landis inter-
married with Henry lands, 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 postotfice address is Abiline, Kansas;
and John Shurtz, who is the administrator Of
said David Stoner, deceased, and who resides
at, and whose postofice address is White
Pigeon, Michigan; will take notice that on the
goth day Of April 1895, the said plaintiff, The
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 1t 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 ID,
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 post in the
| creek, thence up said creek north
S74 deg, E LIS chs to post thence S 5St
| deg, f. 1870 chs. to post, thence S OF deg.
+. 2.23 chs. to corner in said creek, thence S.
| 724 deg, L. 81 chs. to a corner in said creek
under the bridge, thence 81 deg, Z. with the
Steubenville road 5.45 chs. to a stone in said
road, thence S 65.5 deg, West chs. to stone
| thence S S74 deg. W.3.46 chs. Ito a stone, thence
southwardly 1S.46 chs. to the south boundary
of said quarter section, thence with it west
wardly 9.25 chs to place Of beginning contain
| ing 29. So 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.13.46 chs. to a stone on the south line of
said quarter thence with said line westwardly
$40 chs. to a 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. SO deg, E.3.46
chs. to stone, n. 653 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 ~, ,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 Both 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
| antn nf enid &c feasI
the 26th of September 1892, cancelled the
same in his name on the margin of the said
| record thereof; and as against mortgage ON
7S3 acres, and 5l.l00 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 $4,000, payable April 1st
1879, one for two hundred dollars $4,000, pay
able April 1st, 1873, 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.
Ihe 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 a mortgage
made on the 25th day of November, 1879, 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 [S325l
on the 10th of November, 1875, and the other
on the 10th of November, 1876, which mort
gage was recorded in the mortgage records of
said county, in Vol. 1873, p. 1856, and which
was assigned in the month of April, 1873, by
said David Stoner by written assignment on
the margin of said record of said mortgage
subscribed by him to the defendant, Jacob
Landis
Said petition alleges that said notes and
mortgage were fully paid by said Shearer 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 quieted as
against said mortgages, and all other claims
title, lien, mortgages and interests of the said
defendants or any or either of them II any, in,
to- or against said premises and every portion
thereof, and that all of the same be declared
void and cancelled.
Said defeL dants are required to answer said
petition on or before the 27th 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,
Attornavs for Plaintiff