The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-04-30
Legal Notice to 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.
PENDANTS. Petition TO Quiet Title.


Company, Plaintiff, mon Pleas
vs.. of Stark County,
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 NJ, and whose postOfice address
is Dunlaps, Indiana; Rebecca lands, inter-
married with Henry lands, a child and heir
Of said David StOneT deceased, who resides
al, and whose pOstOthce address Is Eikhart,
Indiana: jacob Lands, who resides al, and
whose pOstOtiice address is Abiline, Kansas
and John Shurtz, who is the administrator Of
said David StOner, deceased, and who resides
at, and whose pOstOtiioe address Is White
Pigeon, Michigan; will take notice that on the
18th day Of April, lsg6, the said plaintiff, The
Canton StOneware Company, filed its petition
in the Court Of Common Pleas Of Stark
county, Ohio, in cause number IL ,36s, against
them, and Others, in which il demands the
quieting OF its title as against any claim, mort
gage right, lien lease, or other estate OF 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 5, Stark county, Ohio, 1e.
scribed as follows:
First Taet-Beginning at the southwest
corner of said quarter, thence nOrtbwardly
with the western boundary Of said quar-
ter 29.l2 chains 70 post in the
creek, thence up said creek north
s74 deg, ELS chs. 10 post, thence 5sl
deg, Z. 1870 chs. 10 post, thence ) " deg.
L. 2.23 chs. TO corner in said creek, thence 5.
72i deg, Z. 3 81 chs. 70 a corner in said creek
under the bridge, thence 81 deg. E. with the
Steubenville road 5. As chs. to a stone in said
: = EHa Waafg z oh 20
thence s7i deg. W.3.45 ehs-t a stone, thence
south wardly ls.45 chs. 10 the south bOundOTy
of said quarter section, thence with II west.
WaTdly 9 IS chs TO place Of beginning contain
ing 29ss acres.
Second Traet-Beginning al a stone in the
state road, leading from Canton 10 Steuben.
vile. and running thence with said road ;. 81
deg. E. Isl chs. 10 q stone, thence 5. 81 deg
El3.46 chs. 10 a stone on the south line OF
said quarter, thence with said line westwardly
$40 chs. 10 stone and corner Of lands OF
Bachert s. Co., thence with their lands the
three courses and distances following north
wsIdly l3.46 chs. 10 a stone, ;. s. deg. E-3.4
chs 70 a stone, n. 65i deg. E 3 chs 10 the be
ginning, containing 10 acres.
And panicularly as against mortgage on
real estate dated April 18th, 1867 made by
Henry Miller 10 said David stOneT, 10 secure
PpomissOry note Of the same ate for One
Thousand dollars tSl, ,OOO.O0) payable on III,
assigned on the back thereof in writing BY
said David StOner 20 said Susan Miller anC
her children, the said David, John, Elizabeth
Ethel and Mary Miller, ON the SOth day o
April. 1857, which mortgage was recorded il
the mortgage records Of said county ON III,
25th day Of May, 1857, in Mortgage Record
Vol. -, Z. $50, and az the same time said as
signment was recorded on the margin Of tn
record Of sAid mortgage
said petition alleges that said mortgage an,
note were fully paid 10 said David Stoner, who
as the agent OF. and with the knowledge an,
consent Of said assignees Of said mortgage, OF
the 26th Of September, ls92. cancelled tn
same in his name on the margin Of the sAi'
record thereof; aud as against a mortgage OF
5-S3 acres, and SLIGO Of an acre parcels o
said real estate, made on the End day OF De
cember, ls70. by q. w. Eyster 10 said Davi,
Sloner, 10 socBEe the payment Of three severn
proEnissory notes Of said date, one for tw,
hundred dollars $500, payable April lst
1S72. une for two hundred dollars 5000, pay
abe April Isi, 1873, and one for one hnndre,
and ninety-two dollars and seventy cent
lSls2.zol, payable April LIST, ls7t, which mort
case Was reooried on the sth day Of Deoem
beT, ls70 In Vol. lOo. r. ava, Of the mortgage
records Of said county. aud which said petitiOl
alleges Was, tosether with said notes, full
paid 90 David StoneF In his lie time, but NJ
mains uncanoelled on said mortgage records
The said petition further alleges that th
said David stoner died in March, lsa5. Ans
that the defendant John shurtz, was appoint
ed aud duly quAiihed aud continued 10 be hi
administrator, and also a. agAinsa = morgAg
made on the 2sth day Of November, ls12. b.
fhhiP she4Ecf % sid David sioner, on said y