The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1910-03-31
Legal Notice.
Thaddeus c. Nighman, Plaintiff
VS..
Elizabeth Ham, ct al, Defendants

IlddQeuS =.
vs..
Elizabeth ham. ct al. Defendants.
The defendants. Elizabeth Ham, caro-
line Bechel-BrowneWeH, George Becn9,' =,
William BeeheI. John Bechel, George +.
Kohler, Daniel Prutzman, Nicholas
Hem, Henry Hem, Katherine HehIi'
John Hem, Julius little, Henri
eta little, whose places OF res
dence are unknown to the plaintiff, anu
the unknown heirs. devisees and as
signs of each of the said Elizabeth t1stli' @
Caroline BecheI-Browuewell GeofSe
Beehel William Bechel. John Beenel'
George L. Kohler. Daniel PrutZmal'
Nicholas Hem, Henry Hem. Catherine
Hem. John Hem. Julius little and Hen
rietta Title, whose names and places OF
residence are unknown to the plaHtI.;
Belle Maria Heyl, Kate Murphy ana
Cordelia Murphy. all of whom reside IN
the City of Philadelphia, Pennsylvania,
and Dora Cole, who resides at Eliza
BETH New Jersey, will take notice thaC
on the 9th day of March, 1910, Thaddeus
c. Nisfbman filed his petition against the
said defendants and others in the ONCE
of the Clerk - the Common Pleas court
Stark County, Ohio. being cause NO
setting forth that he is the owner and IN
teen Q5) in the City of Canton. Stark
County, Ohio. That on the 9th day OF
August 1851, one Peter Loutzenheiser'
now deceased, as the guardian OF Catn-
crime Bechel (since tntermarr1ed Win
Otto BrownewelD, William Bechel and
George Bechel, undertook to convey said
real estate, then known as lot number
fifteen G5) in the Town of Canton, ONO,
by deed to one Julius little, and by the
mutual mistake of the parties 70 said
deed said guardian was named therein
as guardian of Catherine Bechel VIII
liam Bechel and John Beehei, and SAID
deed recited lot sixteen Ci6) IN the IoWn
of Canton Ohio. as the property so con-
veyed Said action is brought for de-
cree of said Court to have said deed cor
rected and reformed so as to describe
and convey said Lot fifteen (15) instead
of said lot sixteen 16) from the said
Peter Loutzenheiser as guardian Of Caro-
line, William and George Bechel to the
said Julius Title, in accordance with the
intention of the said parties to said deed,
and that John Bechel and the unknown 3
heirs, devisees and assigns OF the said
John Bechel be decreed to nave no title
to or interest in said real estate; that
Elizabeth Ham and the unknown heirs,
devisees and assigns of Elizaoeth Ham,
be decreed to have no title TO or any IN
terest in said real estate; that on the
18th day of March, 1855, the said julius
Title and Henrietta little, his wife. ex-
ecuted a mortgage upon said real estate
to the said George F. Kohler, which said
mortgage is recorded in Volume 81. page
81 OF the Mortgage Records OF SAID stark
County, to secure the payment OF their
certain note of that date for Two Hun
QrGQ ana FOrIy-SlX OOItdES Np-tO-OVlH pay
able two years after date, with interest,
that said note has been fully paid and
the conditions of said mortgage are
thereby satisfied. but that the said
George +. Ko'hler neglected to cancel
said mortgage upon the record, that the
same still remains uncancelled and is
cloud upon the plaintiffs title to said
real estate; that on the 22nd day OF
March, 1856, the said Julius little and
Henrietta Title, his wife, executed q
mortgage upon said real estate to Daniel
Prutzman, which said mortgage is re-
corded in Volume 81, page 10 OF the
Mortgage Records of said Stark County,
to secure the payment of four several
promissory notes of that date, aggre-
eating Three Hundred and Eighty -eight
and 33-100 Dollars GsSSS3S), all payable
within three months after date, with in
terest. that said notes have been fully
paid and the conditions of said mortgage
are thereby satisfied, but that said
Daniel Prutzman neglected ancel
said mortgage upon the RecoTo, At the
same still remains uneancelled and is
cloud upon the plaintiffs title to said
real estate; that on the 18th day of April,
1866, the said Charles F. Glasser executed
a mortgage upon said real estate to the
said Nicholas Hem, Henry Hem, Cath
crime Hem and John Hem, which said
mortgage is recorded in Volume 81, page
4S4 of the Mortgage Records of said
Stark County, to secure the payment of
two promissory notes Of that date.' each
Tor the sum OF InTe6 E1u0QTeQ ana sew
enty-five Dollars (S375.00) payable 49,
!. 1867, and. AlriI ! 1ss2 ssssssssss4 .1;s.bs
interest, that said notes have been fullH
paid and the conditions of said mortgage
are thereby satisfied, but that the said
Nicholas Hem, Henry Hem, Catherine
Hem and John Hem neglected to cancel
said mortgage upon the record, that the
same still remains uncancelled and is 4
cloud upon the plaintiffs title to said
real estate; that the said defendants,
Belle Maria Heyl, Kate Murphy. Cordelia
Murphy, Lucia Heyl and Dora Cole, and
each of them. be decreed to have no title
to or any interest in said real estate
The prayer of said petition is that the
said Thaddeus G. Nighman may be de-
creed to be the sole owner of said real
estate, free from any interest therein
of any and all the parties defendant
herein, that said deed from said Peter
Loutzenheiser as guardian to said Julius
Title may be corrected and reformed so
as to describe and convey said lot fifteen
Q51 instead of said lot sixteen Q6) in the
Town of Canton, Ohio, from the said
Peter Loutzenheiser as guardian Of Caro-
line, William and George BecheI to the
said julius little; that John Bechel and
the unknown heirs, devisees and assigns
of the said John BecheI be decreed to
have no title to or interest in said real
estate; that Elizabeth Ham and the un-
known heirs, devisees and assigns Of the
said Elizabeth Ham be decreed to have
no title to or interest In said real estate:
that Caroline Bechel- -BrownewelI. Will
liam Bechel and George Bechei, and each
of them, and the unknown heirs, de-
visees and assigns of each of the said
Caroline Bechel-BrowneweI William
Bechel and George Bechel be decreed to
have no interest in or title to said real
estate; that the said Julius little and
Henrietta Title, his wife and each Of
them, and the unknown heirs, deviseea
and assigns of each of the said .Juliu1
little and Henrietta little be decreed to
have no interest in or title to said real
estate; that the said several uncancelled
mortgages Of Julius Title and wife TO
George F. kohler and from Julius TtttIa
and wife to Daniel Prutzman. and from
Charles F. CHASER to Nicholas Henn
Henry Hem, Catherine Hem, and John
Hem, which are clouds upon the plain-
tiff's title to said real estate NAV ba
found and decreed to be fully paid and
discharged; that all OF said named Tie
PENDANTS and the unknown heirs de-
visees and assigns of all of said defend
ants may be forever enjoined from claim
ing or setting up any right TO or titIe to
said real estate, that the plafntiff'S tjtia
thereto may be quieted, and for ali
proper relief.
Said petition will be for hearing on the
18th day of May, 1910, or as soon there
after as counsel can be heard
THADDEUS c.. NIGHMAN
BY Shields & Pomerene, His Attornsv-z
Published in the Canton Morning Ne1.
March 10, II, q, 81, April T. IA