The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1910-03-10
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 Bechel.
William Bechel, John Bechel George F..
kohler, Daniel Prutzman Nicholas
HEM, Henry Hem, Katherine Hem,
John Hem, Julius Title Henri
etta Title, whose places of resi-
dence are unknown to the plaintiff, and
the unknown heirs devisees and as
signs of each of the said Elizabeth Ham.
caroline hel-Brownewell, George
Bechel William Bechel, John Bechel,
George F. Rohler, Daniel Prutzman,
Nicholas Hem, Henry Hem, Catherine
Henn, John Hem. Julius little and Hen
rietta little, whose names and places of
residence are unknown to the plaintiff,
belle Maria Heyl Kate Murphy and
Cordelta Murphy all of whom reside in
the CITY of Philadelphia. Pennsylvania,
and Dora Cole, who resides at Eliza
peth, New Jersey, will take notice that
" -" Ie tne 9th day of March, 1910, Thaddeus
=. Nighman filed his petition against the
SAID defendants and Others in the office
OF the clerk Of the Common Pleas Court
stark County, Ohio, being cause No
setting forth that he is the owner and in
the actual possession of lot number fif-
teen (l5) in the City of Canton, Stark
county Ohio That on the 9th day of
august, 1851, one Peter Lout0enheiser,
% nIW deceased, as the guardian of Cath
crime Bechel (since intermarried with
otto BrownewelD, William Bechel and
George Bechel undertook to convey said
real estate, then known as lot number
llteeI llo) IN the Town of Canton, Ohio,
py 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, VIII
nam Bechel and John Bechel, and said
deed recited lot sixteen Q6) in the Town
OF canton, Ohio, as the property so con
Veyed. Said action is brought for a de-
cree cree OIL SAID Court to have said deed cor
rected and reformed SO as to describe
ana convey said lot fifteen Q5) instead
OF said lot sixteen G6) from the said
Peter Loutzenheiser as guardian of Caro-
llhe, William and George Bechel to the
saiu Jullus Ilttle, in accordance with the
intention of the said parties to said deed
and that John Bechel and the unknown
heirs, devisees and assigns of the said
John Bechel be decreed to have no title
70 or interest in said real estate; that
Illzabeth Ham and the unknown heirs
ueNlseeS and assigns of Elizabeth Ham
be decreed to have no title to or any in
terest In said real estate; that on the
ttn Ittn uay OF March, 1855, the said Julius
little and Henrietta little, his wife ex-
ecuted mortgage upon said real estate
to the said George f. Kohler, which said
mortgage Is recorded in Volume 62 page
3. OF the Mortgage Records of said Stark
county, to secure the payment of their
certain note of that date for Two Hum
dred and Forty-six Dollars ($246 OO). nav
able two years after date, with interest
mat said note has been fully paid and
the conditions of said mortgage are
thereby satisfied but that the said
George f. KohIer neglected to cancel
SAID mortgage upon the record, that the
same sun 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 n
mortgage upon said real estate to Daniel
Prutzman, which said mortgage is re
corded in Volume GO. page los of the
Mortgage Records of said Stark County
10 secure the payment of four several
promlssory notes of that date aggre-
eating Three Hundred and Eighty-eight
ana S3-lOO Dollars GBSS. .33), all PAYABLE
WITHIN three months after date, with in
terest, that said notes have been fully
pald and the conditions of said mortgage
are thereby satisfied, but that the said
Daniel Prutzman neglected to cancel
said mortgage upon the Record that the
same still remains uncancelled and is a
cloud upon the plaintiffs title to said
real estate; that on the 25th 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
434 of the Mortgage Records of said
stark County, to secure the payment of
two promissory notes OF that date, each
tor the sum of Three Hundred and Sew
enty-hve Dollars (SS75.0O, payable April
!, 1857, and April 1, 1868, respectively. with
interest, that said notes have been fully
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 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. Nighman NAV be de-
creed to be the sole owner of said real
estate free from any interest therein
or 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
li5) instead of said lot sixteen (16) in the
Town of Canton, Ohio, from the said
Peter Loutzenheiser as guardian of Caro-
line, William and George Bechel to the
said Julius Title; that John Bechel and
the unknown heirs, deyisees and assigns
OF the said John Bechel be decreed 10
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 T:
that Caroline Bechel- -BrowneWeil VIII
liam Bechel and George BecheI and each
OF them, and the unknown heirs, de-
Nlsees ana assigns OF each of the said
Caroline Bechel-Brownewell, 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, Gevisees
and assigns of each of the said Julius
little and Henrietta Title be deoreed TO
have no interest in or title to said real
estate, that the said several uncancelled
mortgages of Julius Title and wife to
George r. Kohler, and from julius little
ana wife to Daniel Prutzman, and frcm
Charles +. Glasser TO Nicholas Hem,
Henry HEM, Catherine Hem, and John
HEM, which are clouds upon the plain
ttff's title to said real estate, may be
found and decreed TO be fully paid and
discharged; that all Of said named de-
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 title TO
said real estate, that the plaintiffs title
thereto may be quieted, and for all
proper relief.
Said petition will be for hearing on the
10th day Of May. 1910. or as soon there
after as counsel can be heard.
THADDEUS Q. NIGHMAN
BY Shields q BOmereue His Attorneys