The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1910-03-24
Legal Notice.
Thaddeus C. Nighman, Plaintiff
VS..
Elizabeth Ham, ct al. Defendants

Elizabeth Ham. ct al. Defendants
The defendants, Elizabeth Ham, Caro-
line Bechel-Brownewell, George Becnel'
William Bechel, John Bechel George r.
Kohler, Daniel Prutzman, Nlenclas
Hem, Henry HEM. Katherine deh1s
John Hem, julius little, denri-
eta little, whose places OF s5
the unknown heirs, devisees ana as
signs of each of the said Elizabeth Ham,
Caroline Beehel-Brownewell, GeoIse
Bechel, William Bechel, John Bechel'
Nicholas Hem. Henry Hem, Catherine
Hem, John Hem, Julius little ana Hen
rietta Title, whose names and places 81
residence are unknown to the pldintiis
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 thal
on the 9Th day of March, 1910, Inaaaeus
c. Nig'hman filed his petition against the
said defendants and others in the oInce
of the Clerk of the Common Pleas Court,
Stark County, Ohio. being cause No
setting forth that he is the owner ana IN
the actual possession of lot number M
teen d5) in the City of Canton. Stark
County, Ohio. That on the Elth day OF
August, 1851. one Peter LoEtzenhelser,
now deceased, as the guardian OF cam
crime Bechel (since intermarried with
/
George Beehel. undentook to convey said
real estate, then known as lot number
fifteen Q5) in the Town of Canton. ono.
by deed to one Julius Title. and by the
mutual mistake of the parties TO SAID
deed, said guardian was named therein
as guardian of Catherine Bechel, VII
liam Bechel and John Bechel, and SAID
deed reeited lot sixteen Q6) in the Town
of Canton, Ohio, as the property so con-
veyed. Said action is brought for a 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 Q6) from the SAID
| Peter Loutzenheiser as guardian of Caro-
line, William and George Bechel to phe
said Julius little, in accordance with the
| intention of the said parties to said deed,
and that John Beehel 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 unknown heirs,
deVtsees and assigns of Eliza beth Ham,
be decreed to have no title to or any in
| terest in said real estate; that on the
14th day of March. 1855. the said Julius
Title and Henrietta TITLE, his wife, ex-
ecuted a mortgage upon said real estate
| to the said George F. Kohler, which said
mortgage Is recorded in Volume SO, page
| 81 of the Mortgage Records of said Stark
County, to secure the payment Of their
certain note of that date for Two Hun
| dred and Forty-six Dollars (S246.O0), pay
/ dOlc lWO years dlNGE udlcs viii tLltIEcts
that said note has been fully paid and
the conditions of said mortgage are
thereby sa1isfe5S .nlLt -
George F. Kohler 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 on the 22nd day OF
March, 1865. the said Julius little and
Henrietta Title, his wife, executed a
mortgage upon said real estate to Daniel
PRINT IfZpl Nxyhi hich sol ~fcror Se-
corded in Volume 81, page los 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 3S-100 Dollars (sSSS. 33l, 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 the said
Daniel Prutzman neglected to cancel
said mortgag upon the Record, that the
same still remains uHcaucelled and is
cloud upon the plaintiffs title TO said
real estate; that on the 18th day of April,
1866, the said Charles +. CHASER 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
434 of the Mortgage Records of said
Stark County, to secure the payment OF
two promissory notes OF that date. each
for the sum of Three Hundred and Sew
enty-fiYe Dollars (s375.00) payable April
|, 1867, and April 1, 1858. respectively, with
interest, that said notes have been fully
paid and the conditions of said mortRage
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 uncancelIed and is a
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 c.. Nighnnan NAV he de-
creed to be the sole owner Of said real
estate, free from any interest thareir
of any and all the parties defendant
herein, that said deed from said Pefer
Loutzenhelser as guardian to said JIli1Is
little may be corrected and reformed 80
as to describe and convey said LOT fffaeS
G5) instead of said lot sixteen d6 in ths
Town of Canton, Ohio, from the said
Peter Loutzenheiser as guardian of Caro-
line, William and George BecheI to us
sad Jullus little; that John BecheI and
the unknown heirs, devisees and aSsfsr,,s
of the said John BecheI be decreed ~
have no title to or interest in said roaI
estate; that Elizabeth Ham and fbe -
known heirs, devisees and assigns of the
said El1zabeth Ham be decreed to ba,,s
no title to or interest in said real eetatoI
that Caroline Bechel- BrowueveU va
liam Bechel and George Bechel. ana go
of them, and the unknown heirs 10
visees and assigns of each of fhe go
Caroline Bechel-BrowneweII VSili3os.u
Bechel and George BecheT be decraa-I atl ~
have no interest in or title To saiJ ureV1 -
estate; that the said Julius little sna
Henrietta little, his wife, and eacb -
them, and the unknown heirs. devisaot.
and assigns of each of the said f,,it'ss
little and Henrietta little be decreoI 70 -
have no interest in or title to sai5 1 20
estate; that the said several uncs rcaiSNt iSat
mortgages of julius Title and UJs S0
George f. Kohler, and from J1Iius IS Es. 70
and wife to Daniel Prutzrnsn arS5 tsttie
Charles F. Glasser to Nicholar rom
Henry Hem. Catherine Henn 90 f1enn,
Hem. which are clouds upon tba Johh
tiffs title to said real estate pidlI-
found and decreed to be fuIIv 1aSY oe
discharged; that all of said p5,s.N, Stu ana
PENDANTS and the unknown bsiieu bei,Su 9e-
visees and assigns of all of said 5sfae ae-
ants may be forever enjoined from Ociiena- cieinl
Ing or setting UP any right 70 or i tS,Is Eialm-
said real estate, that the plaintiers. ue 20
thereto may be quieted and IS ute
proper relief. lor all
said petition will be for hearir.
10Th day OF May, 1910, or as snaI, on ~ the
aI'er aS counsel can be heard efe-
THADDEUS C. NTC.pI,t,
by shields & Pomerene His AtttAN,
published in the Canton Morri,, torIneys.
March 10. II, p, 81, April I. Il. news
IS