The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-07
Legal Notice to Non Resident De
PENDANTS.
The Canton Stoneware
Company, Plaintiff,
VS..
Susan Miller ct al, De-
PENDANTS.
In the Court Of Com
mon Pleas
of Stark County,
Ohio.
pntitinn To DniniIifln

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 postofiice address
is Dunaps, Indiana; Rebecca Lands, inter.
married with Henry lands, child and heir
of said David Stoner, deceased, who resides
at, and whose postoflice address is Elkhart
Indiana; Jacob Lands, who resides at, and
whose postoflice address is Abline, Kansas;
and John Shurtz, who is the administrator of
said David Stoner, deceased, and who resides
at, and whose postoflce 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 II ,38s, 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 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 IL,
township 10, range s, Stark county, Ohio, 3e.
sCrbed as follows:
First Trsct-Beginning at the southwest
corner of said quarter, thence northwardly
with the western boundary of said quar-.
ltI Sb'l@ CudlnS W n pOsl III lnS
creek, thence up said creek north
s7A deg, f l.75 chs. to post, thence 5 5Sl
deg, +. 1870 chs. to a post, thence S st deg.
Il. 2.23 chs. TO a corner in said creek, thence 5.
72l deg, Il. 81 chs. to corner in said creek
under the bridge thence S 81 deg, L. with the
Steubenville road 5.45 chs. to stone in said
road, thence s 65 3 deg, West chs. to a stone
thence S S74 deg. W.3.46 chs.to a stone, thence
southwardly 1916 chs. to the south boundory
| of said quarter section, thence with IL west
wardly 9.25 chs to place of beginning contain
| ing 90 acres.
Second Tract-Beginning at a stone in the
| state road, leading from Canton to Steuben-
vile, and running thence with said road 5. st
| deg. +. 1.S7 chs, to stone, Il ence 5. 81 deg.
| E.13. 40 chs. 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 13.46 chs. to a stone, S. SO deg. E3 40
chs. to a stone, n. 651 deg. L g 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 promssory note of the same late for One
Thousand dollars (S1, 900 OO,) 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 Nary 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. o. 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, Oh
the 26th 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 o
said real estate, made on the end day of De
cember, 1870, by G., W. Eyster to said DaviC
StOner, to secure the payment of three severa
promissory 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, 1878, and one for one hundred
and ninety-two dollars and seventy cent
, , tSl9270), payable April list, 1874 which mort
gage was recorded on the Sth day of Decem
Der, 1870, in Vol. 109 p. 473, of the mortgag,
, records of said county, and which said petition
alleges was, together with said notes, full,
: 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, 1895, ant
that the defendant, John Shurtz, was appoint
, ed and duly qualified and continued to be hi
administrator; and also as against mOrtgag
, made on the 25th day of November, 1872, b,
? Philip Shearer to said David Stoner, on said 1
acre tract of land TO secure two promissor.
notes of said date, each for the payment O
{ three hundred and twenty-five dollars 1925
on the 10th of November 1875, and the Othe
ON the 10th of November 1876, which mort
gage was recorded in the mortgage records @
said county, in Vol. 1913, p. 1866, and whic
, was assigned in the month of April, 1873, b.
l said David StOner by written assignment o.
tl,n, nf faaaI Af uaf1