The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1910-03-10
LeqaI Notice,


Notice is hereby given to Mary G. Boer-
ner, Marie A. Boerner, Paul A. Boerner,
Edith f. Boerner and John b. Boerner,
Jr., all residing at and whose post office
address Is Modesto, California; John
Boerner, who resides at and whose post
office address is Esperanza, Mexico; An
ma &. Dominica and Angelo Dominica,
who reside at and whose post office ad-
dress is 2S2 East Huron Street Chicago,
H., Edward A. Boerner, who resides at
and whose post office address is $50 Mar
ket Street, San Francisco, California;
and the unknown heirs and devisees Of
Jacob Slusser, deceased, that on Febru-
ary 9TH 1870 the undersigned plaintiffs
hled petition In partition Ia thes Conf
mon Pleas Court of Stark County, Ohio,
against the persons above named and
others as defendants setting forth that
said Sol Toronski and Henry e. Sherlock
have legal right to and are seized in
fee simple Of the undivided two-sevenths
GO part of the following described real
estate: Situated in the County Of Stark
and State of Ohio, and being the west
half of Lot 50 and IL feet front and
rear off the east side of Lot 80 In the
City of Canton, Ohio, together with all
such right and title as was conveyed or
intended to be conveyed in certain strip
of land inches wide and 23 feet
the west side of the above de-
scribed 1-2 foot strip Of land,
beginning at point So feet north
Of the south line of said Lot number 90
tempted to be conveyed by j. B. McCrea
and wife to Adam Lippert by deed of
May Is, 1875, recorded in VOL 1877, page
434 of the Deed Records of Stark County
Ohio. And also all party wall rights now
existing along the east and west sides
of the above described portions of Lots
80 and 80 and which are appurtenant to
said property particularly the party wall
rights created by the agreement between
Adam Lippert and John b. McCrea bear
ing date June /, 1850, recorded in Vol. 3,
page 81 of the Lease Records of said
County. But subject to all party wall
rights belonging to and held by the own
ers of the lands adjoining the east and
west sides of the above described prem
ises' particularly such rights as were
created in favor of adjoining owners by
the agreement between Adam Lippert
and j. b. McCrea above mentioned and
by the deed from Adam Lippert to Peter
Schear dated August 2, 1880, and record
ed in Vol. 17O, page 222 of the Deed Rec
ords of said County, Reference is hereby
made to the Record of the several deeds
and agreements above referred to-
That the said Mary G. Boerner also is
the owner of an undivided one-seyenth
part of said real estate. That the other
persons above named claim to have some
right, title, interest or estate in and to
said real estate or some part thereof, but
as matter of fact they have no interest
therein or in any part thereof and their
said claims constitute II cloud upon the
title of said real estate.
The prayer of the petition is that said
interest of the plaintiffs be set aside to
them in severalty and that partition of
said property be made among all the par
ties interested therein. and il that cannot
be done without manifest injury to the
property that the same be appraised
and sold as provided by law.
Said petition further prays that said
John Boerner, Edward A. Boerner, Marie
A. Boerner, Paul A. Boerner, Edith E
Boerner, Anna c. Dominica, Angelo Do
minico, John b. Boerner, Jr and the un-
known heirs and deVisees of Jacob Slus-
ser, deceased, be required to set up what
ever r ght, title or interest In said prop
erty, or any part thereof, they claim,
and failing so to do that they be de-
barred from ever claiming any interest
therein, and that If they do make claim
to any portion of said real estate, that
their claims be adjudged TO be null ard
void and the title of said premises be
quieted as against them seVerally. n
Said parties are required to answer said
petition ON or before April I'd, 1910, on
Judgment will be taken as therein prayed
for.
Sol Toronski.
Fannie Toronski
Henry E. Sherlock
Gertrude Sherlock.
Attorneys for plaintiffs
Published ia The Stark County Dem
ocrat Feb 10. II. a. March s. TO- IL 1910