The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-09-29


ceased, and the unknown heirs OF
John Markey, deceased, defendants'
No. 1859.
The unknown heirs of Peter Matte,
deceased, and the unknown heirs OF
John Markey, deceased, Will take notlce |
that on the 18th day of July, 1899, Joseph
wackerly, the above named plaintift,
filed his petition against the above
named defendants in the Jfiice OF the
clerk of the Common Pleas Court
Stark County, Ohio, being cause NO.
1859. setting forth that he Is the owner
in fee simple of part of the southeast
and northeast quarters of Section 50,
Township IL, of Range ., In STARK
County, Ohio, bounded as follows: be-
ginning at the northwest corner OF SAID
southeast quarter; thence east along the
quarter line twenty (2O chains and
twenty (20) links; thence north hVe (b)
chains; thence south 81 IL degrees east,
twenty (20) chains and twenty (2D
links to the east line of said northeast
quarter: thence south, along the line of
said northeast and southeast quarters
twenty-five (25) chains; thence north So
1-2 degrees west, twenty-four l24)
chains and twenty-five (25) links;
thence south Q IL degrees west, thir-
teen chains and fifty (50) links; thence
north SS 1-2 degrees west sixteen Q6)
chains and fifty (50) links to the quarter
line; thence north along said quarter
line thirty-three (33) chains and eighty
(S0) links to the place of beginning, con-
tanning ia 37-100 acres, except 20 and 81
100 acres out of the same sold by Eliza
beth and August Janson, Senior to
Julius Whiting, the residu OF said
tract being 03 15-100 acres more or less.
That on the 21st day. of october, 1852
one Henry Grosenbacher, then the ow-
ner of said described real state, and
Mary Grosenbacher, his wife, executed a
mortgage to Peter Matte upon part
of said described real estate and de-
scribed as follows: Part of the south
east quarter of Section 30, Township IL
of Range in Stark County, Ohio, be-
ginning at the southwest corner of a
40 acre lot of the same quarter belong
ing to Henry Markeys heirs, from
thence north so rods to post; thence
west 81 rods and 10 links to a post;
thence south 80 rods to post; thence
east rods and 2 links to post; thence
south 16 rods and links to post;
thence east 16 rods and links to
post; thence north 16 rods and links to
post; thence east Is rods to the place of
beginning, containing 20 acres, more or
less, which said mortgage was given to
secure the payment of q certain promi-
sorry note Of that date executed by the
said Henry Grosenbacher to the
said Peter Matte for the sum of
$112.23, due in one year thereafter, with
interest, which said mortgage was re-
corded on the 21st day of October, 1889,
in Vol. "Y" Page % in the mortgage re-
cords of said Stark county. That when
said note, and interest, and mortgage
became due, said Henry Grosenbacher
paid the same in full to the said Peter
Matte who was then the owner and
holder of the same, but that the said
Peter Matte failed to neglect and can
eel said mortgage upon the records
which mortgage still remains uncan-
celled thereon and appears as cloud
to the title Of said real estate which
the plaintiff desires to have removed.
Said petition further shows that the
said Peter Matte long ago departed
this life leaving heirs who are to the
plaintiff unknown and whose places OF
residence are to the plaintiff unknown.
Said petition further shows that on the
II day Of November, 1874, the said Henry
Grosenbacher, then the owner OF the
said first described real estate herein,
and Mary Grosenbacher, his wife, exc
cuted mortgage to John Markey upon
a part of the said first described real
estate herein and described as follows;
Being a part of the southeast quarter
Of Section 30, Township IL Of range 8, In
Stark county, Ohio, beginning at the
northeast corner of said quarter;
thence west with the north line OF said
quarter 80 rods, thence south 80 rods;
thence east 80 rods to the east line OF
said quarter thence along the east line
of said qua H.. 80 rods to the place OF
beginning, containing 40 acres, which
mortgage was given to secure the pay
ment of five promissory notes of $4,000
each, of said date, executed by the said
Henry Grosenbacher to the said John
Markey, PAYABLE as - follows: $4,000
September 1, 1916; 100000 September
1st, 1916; $4,000 September 1st, 1S47;
$4,000 September 1st, 1S4S and $4,000
September 1st, 1849, with interest, which
mortgage was recorded February 9th,
1916, in Vol. 80, page 140 in the mortgage
records of said Stark county. Said petit
ton further shows that on the first day
of May, 1S45, the said Henry Grosen-
bacher then the owner of the first de-
scribed real estate herein, and Mary
Grosenbacher his wife, executed a
mortgage to the said John Markey
upon a part of the first described real
estate herein and described as follows:
Part of the northeastern quarter of sec
tion 80, Township II Of Range in
Stark County, Ohio, beginning at the
southeast corner of said quarter; thence
west; SO rods, thence north 20 rods
thence east so rods; thence south 20 rods
to the place of beginning, containing l0
IA acres, which said mortgage was
given to secure the payment Of GER
tain promissory note of said date exc
cuted by the said Henry Grosenbacher
to the said John Markey for the sum of
$211.62 payable September LIST, 1850,
which said mortgage was recorded on
the 7th day of June, 1s45, in VOL 33, page
PA of the mortgage records of said
Stark County. That when said Noes,
and interests, and mortgages became
due and payable to the said John Mar
key, the said Henry Grosenbacher paid
the same in full to the said John Mar
key who was then the owner and
holder of the same, but that the said
John Markey failed and neglected to
cancel said mortgages upon the r acords,
which mortgages still remain uncan-
celled thereon and appear as cloud to
the title Of said real estate, which
plaintiff desires to have remoy ed. Said
petition further shows that the said
John Markey long ago departed his life
leaving heirs who are to the plaintiff
unknown and whose place of residence
are to the plaintiff unknown.
The prayer of said petition is that the
plaintiff Joseph Wackerly may be de-
creed to be the sole owner of said real
estate free from any interest therein OF