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Clark Lee Wagner VS. Unknown Heirs of Clark

CLARK LEE WAGNER VS. UNKNOWN HEIRS OF CLARK E. STEWART, AND WHOSE ADDRESS OR ADDRESSES IS UNKNOWN TO THE SURVIVING SPOUSE, DEVISEES, HEIRS AT LAW, AND NEXT OF KIN OF CLARK E. STEWART, WHO ARE UNKNOWN TO PLAINTIFF, AND WHOSE ADDRESS OR ADDRESSES IS UNKNOWN Service by Publication. Plaintiff has brought this action naming you as one of the Defendants in its Complaint Filed on JUNE 13, 2024, Case No. 24 CV 00253, in The Miami County Common Pleas Court, 201 West Main St., Third Floor, Troy OH 45373, Judge Stacy M. Wall. The object of the Complaint is to quite title a 0.3183 Acre Tract of property described in the attached Exhibit "A" and as shown as "Tract -A" on the Land Survey filed at Volume 62, Page 142 -E, Miami County Ohio, Land Survey Volumes, that lies to the East of the property located at 2900 Piqua-Troy Rd., Troy OH 45373 and being Parcel No K30-003900. The prayer of the Complaint is for a judgment declaring that CLARK LEE WAGNER is the lawful owner of the subject property to the exclusion of all other defendants. CLARK E. STEWART, obtained title to the property belonging to Plaintiff on July 31, 1826 and title to the subject property on July 10, 1849. When Clark E. Stewart conveyed his interest in the property located at 2900 Piqua-Troy Rd., Troy OH 45373, by deed on April 22, 1859 and recorded at Deed Book 26, Page 179, to Josiah Stewart, the legal description failed to include the property described in Exhibit "A". CLARK E. STEWART, failed to covey the subject property during his lifetime. Plaintiff is in the chain of title of CLARK E. STEWART. It is alleged that all parties in Plaintiff's Chain of Title intended to convey the 2900 Piqua-Troy Rd., Troy OH 45373 together with the property described in Exhibit "A" as one property. It is further alleged that Clark Lee Wagner has been in actual, open, hostile, notorious, adverse possession the property described in Exhibit "A" for a period of more than twenty-one (21) years prior to the commencement of this action, such possession being under a claim of ownership and that the same was known to defendants. You are required to answer the Complaint within twenty-eight (28) days after the last publication of this notice, which will be published once each week for six successive weeks, and the last publication will be made on July 30, 2024. In case of your failure to answer or otherwise respond as permitted by the Ohio Rules of Civil Procedure within the time stated, judgment by default will be rendered against you for the relief demanded in the Complaint. David L. Mikel, #0041954 Attorney for Plaintiff 111 S. Plum St., Troy, Ohio 45373 (937) 339-7181 (937) 552-4330 Fax 6-25, 7-2, 7-9, 7-16, 7-23, 7-30/2024
June 25, 2024
August 27, 2024
July 25, 2024 8:05pm