The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-28
Legal Notice TO Non Resident De.
fendantS,
The Canton Stoneware
Company, Plaintiff,
VS..
Susan Miller ct al, De-
PENDANTS.
In the Court Of Com
mon Pleas
Of Stark County,
Ohio.
Dntition 20 nuint T'itIa

NOupGuyi IhluIluy IuOu GIehS
VS.. Of Stark County,
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 postotiice address
is Dunlaps, Indiana; Rebecca Lands, 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 postofice address is Abilne, Kansas;
and John Shurtz, who is the administrator of
said David Stoner, deceased, and who resides
at, and whose postotiice address is White
Pigeon, Michigan; will take notice that on the
Goth day Of April, 1896, the said plaintiff, The
Canton Stoneware Company, filed tsspettiOn
in the Court of Common Pleas of Stark
county, Ohio, in cause number Ii 1868, against
them, and others, in which it demands the
queting OF its title as against any claim, mort
gage, right, lien lease, or 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.l2 chains to a post in the
creek, thence up said creek north
S79 deg, El.75 chs. to post, thence S 5S1
deg, f. 1870 chs. to post, thence S ct deg.
E. 2.23 chs. to a corner in said creek, thence ).
721 deg, L. 3 81 chs. to a corner in said creek
under the bridge, thence 81 deg, Il. with the
Steubenyille road 5.45 chs. to a stone in said
road, thence SO deg, West 8 chs. to stone
thence s71 deg W.346 chs. ito stone, thence
Ral,u 10 fha
of said quarter section, thence with it west
wardly 925 chs to place of beginning contain
| ing 2g. SO acres.
Second Tract-Begnning at stone in the
state road, leading from Canton to Steuben-
| vile, and running thence with said road s. 3t
deg. E. 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 q Co.. thence with their lands the
three courses and distances following north
wardly l3.46 chs. to stone, ). Ss deg. E.3 46
chs. to a stone, n. 651 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
promissOry note of the same late for One
Thousand dollars (Sl, ,00000,) payable on the
first day of April, 1872, which mortgage was
| assigned Oh the back thereof in writing by
said David Stoner to said Susan Miller. and
her children, the said David, John, Elizabeth,
I 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. "a, p. 550 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 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 mortgage on
1888 acres, and 5l.100 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 LIST,
1872, one for two hundred dollars $4,000, pay
| able April 1st, 1873, and one for one hundred
, and ninety-two dollars and seventy cents
(Sl92.70), 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
D 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 a mortgage
4 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
4 notes of said date each for the payment OF
, three hundred and twenty-five dollars lS325l
\ 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, 1866, and which
I was assigned in the month of April, 1873, by
said David Stoner by a written assignment on
Y the margin of said record of said mortgage
j. subscribed by him to the defendant JaCot
lands.
Said petition alleges that said notes and
mortgage were fully paid by said SheaTer L
said Jacob lands, but that said mortgage wal
: never cancelled ON the margin Of the record
il thereof
, The petition also alleges thatsaid defendants
4 formerly had or claimed some interest in anC
;. to leases, drain and coal rights in the above
\ described premises or some portions thereof
u u The prayer of said petition is that the titlt
of the plaintiff to said real estate be quieted al
4 against said mortgages, and all other claims
s title, lien, mortgages and interests of the saiC
defendants or any or either of them il any, in
TO, or against said premises, and every ortioI
: thereof, and that all of the same be declared
void and cancelled.
Said defendants are required TO answer sal,
petition on or before the 27th day of June
1896, or the allegations thereof will be takeI
as true and proceedings will be had accord
ingly.
FREASE & FREASE, and
JOHN II. sPONSELLER,
Attorneys for Plaintiff.