The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-06-04
Legal Notice 10 Non Resident De.
PENDANTS,
The Canton Stoneware In the Court of Com
Company, Plaintiff, mon Pleas
VS.. Of Stark County,
Susan Miller ct al, De- Ohio.
fnndnnts. Ppfitinn To Oniet Title

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 Dunaps, Indiana; Rebecca lands, inter-
married with Henry Iandis 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 postoffice address is Abiline, Kansas;
and John Shurtz, who is the administrator of
said David Stoner, deceased, and who resides
at, and whose postOfiice address is White
Pigeon, Michigan; will take notice that on the
29th 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 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 ID,
township TO- range 5, Stark county, Ohio, de.
scribed as follows:
First Tract-Begnning 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
81! deg, E1.75 chs. to post, thence S 5s1
deg, L. 1890 chs, to post, thence OF deg.
+. 223 chs. to corner in said creek, thence 5.
723 deg, L. 3 81 chs. to corner in said creek
under the bridge, thence 5 81 deg, L. with the
Steubenville road 5.45 chs. TO stone in said
road, thence 65 deg, West 3 chs. to a stone
thence S71 deg. W.3.46 chs. Ito 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 80. SO acres.
Second Tract-Begnning at a stone in the
state road, leading from Canton to Steuben-
vile, and running thence with said road 5. 81
deg. T.. l.S7 chs. to stOne thence 5. 81 deg.
E.l346 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
wardy 13 46 chs to a stOne 5. So deg. E3 46
chs. to a stone n. 65l deg. L 8 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, 20 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 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
consent of said assignees of said mortgage, on
the 2Bth 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.1OO 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
pTOmissory notes of said date, one for two
hundred dollars $4,000, payable April 1st,
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 lst, 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 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
| On inc NOlu udy VI NONtLlDeT, lSlS, Dy
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, 1879 and the other
on the 10th of November, 1876, which mort
gage was recorded in the mortgage records OF
said county, in Vol. l23 p. 1866, and which
was assigned in the month of April 1873, by
said David StOner bya 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 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 il any, in
TO, 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 sale
. petition on or before the 9th 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,
:. fNrD