The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-10-13
Legal Notice.
Joseph Wackerly. Plaintiff,

| Joseph Wackerly, Plaintiff,
| VS..
The unknown heirs of Peter Matte, de-
| ceased, and the unknown heirs of
| John Markey, deceased, defendants.
No. 1850.
The unknown heirs of Peter Matte.
deceased and the unknown heirs OF |
John Markey, deceased, will take notice
that on the 18th day of Ju,y, 1899, Joseph 4
Wackerly, the above named plaintiff
filed his petition against the above,
named defendants in the office of the.
clerk of the Common Pleas Court
Stark County, Ohio, being cause No,
1859, setting forth that he Is the ownelm
| in fee simple of part of the southeast
and northeast quarters of Section 30
| Township IL, of Range 8, in Stark
County, Ohio, bounded as follows: Bel
ginning at the northwest corner of said
southeast quarter; thence east along thea
quarter line twenty (20) chains andr
twenty (20) links; thence north FIVE 6)A
chains; thence south 88 1-2 degrees east,
twenty (20) chains and twenty COON
links to the east line of said northeast |,
quarter; thence south, along the line of .
said northeast and southeast quarters i
twenty-five (25) chains; thence north 88
| 1-2 degrees west, twenty-four (2D
chains and twenty-five (25) links;
thence south 1-2 degrees west, thir- .
teen chains and fifty (50) links; thence
north 8S 1-2 degrees west sixteen Q0
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 g.
| 100 acres out of the same sold by Eliza
beth and August Janson, Senior to
julius Whiting, the residu of said
| tract being 80 15-100 acres more or less.
That on the 21st day of October, 1889,
one Henry Grosenbacher, then the ow-
ner of said described real state, and !
Mary Grosenbacher, his wife, executeda
mortgage to Peter Matte upon a part
of said described real estate and de-
| scribed as follows: Part of the south
east quarter of Section 30, Township IL
of Range 8 in Stark County, Ohio, be-
ginning at the southwest corner of a
40 acre lot of the same quarter belong
ing to Henry Markey's heirs, from
| thence north 80 rods to a post; thence
west "a rods and 10 links to post;
| thence south 80 rods to a post; thence
east rods and 2 links to a post; thence
south Is rods and links to post;
thence east 16 rods and 8 links to a
post; thence north 16 rods and links to
a 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 a 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 20 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
Gel 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
thence east 80 rods to the east line of
said quarter; thence along the east line
of said quarter 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, 1S49 with interest, which
mortgage was recorded February 9th.
1916, in Vol. 33, page 14O 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
Grosenbaeher, his wife, executed a
mortgage to the said John Markey
upon part of the first described real
estate herein and described as follows
Part of the northeastern quarter of sec
tion 30 Township IL 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 10
Ia acres, which said mortgage was
given to secure the payment of a GER
tain promissory note of said date exc
cuted by the said Henry Grosenbacher
to the said John Markey for the sum Of
$271 so, payable September 1st 1850,
which said mortgage was acorded on
the 7th day of June, 1S45, in Vol. 33, page
214 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
lcancel said mortgages upon the acords,
which mortgages still remain uncan-
celled thereon and appear as a cloud to
the title of said real estate, which
plaintiff desires to have remove 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
larh to the rnla intiff iInIrnnrnr