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LICKING COUNTY OHIO - PROBATE RECORD
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353
    
                               JANUARY TERM 1872
    
    HARRIET JONES & OTHERS )     Pleas before the Honorable Charles Adams, 
             VS            )     One of the Judges of the Court of Common 
    SUSAN TILTON & OTHERS  )     Pleas, within and for the County of Licking
                           )     within for the 6" Judicial District
    ** ** ** ** ** ** **   )     of the State of Ohio at the January Term
    1872 thereof begun and held at the Court House in the city of Newark on
    the 
    22d day of January 1872.
                        Be it remembered that on the 31" dau of July 1871,
    there
    was filed in the Clerks Office of said Court, a certain Petition for
    Partition,
    which is in the words and figures following to wit:
    State of Ohio, Licking County S.S. Court of Common Pleas.
    
    Harriet Jones and Robert      )                   PETITION FOR PARTITION
    Jones, her husband Plffs      )
            VS                    )
    Susan Tilton Joseph Tilton    )     And now comes the said Plaintiffs
    her husband, Willis Miller    )
    Sampson Shultz Ellen          )     and for cause of action against the 
    Shults Lenny Ann Shults       )
    George W. Shults John W.      )     said defendants, say that Otha
    Miller
    Shults a minor aged about     )
    15 years, Joseph Jones Jr.    )     Late of the County of Licking, and 
    Samuel Jones Wm. H. Jones.    ) 
    Mary Woods & Edward Woods.    )     State of Ohio, deceased died seized
    her husband, Eliza Woods.     )
    Frederick Woods her husband   )     of the following real estate to wit:
    Sarah Ellen Ryan, Henry       )
    Ryan her husband, Reuben      )     1st Parcel situate in Licking County
    Miller Owen F. Miller         )
    Henry F. Miller, Matilda      )     Ohio & being the south west quarter
    Calison, James Calison her    )
    husband, Jane Mathews         )     of the north west quarter of section
    Joseph Mathews her husband    )
    Elizabeth Luttle Cary Luttle  )     No four 4 in township No four 4 of
    her husband, Joseph Jones Sr. )
    Mary Jones a minor aged about )     range No ten 10, military lands,
    con-
    12 years, Alice Jones a       )
    minor aged about 14 years,    )     taining thirty two and sixty four 
    Francis Jones aged about 17   )
    years, Sarah King, Rebecca    )     hundredths acres, also the south
    west
    King, and the unknown heirs   )
    of Harriet Underwood decd.    )     quarter of the north east quarter of
           Deft.                  )
                                  )     section No 5 in township No 4 of
                                  )
    ** ** ** ** ** ** **                range No ten 10 Military lands, con-
    taining thirty two acres and twenty hundredths of an acre, said land
    being the 
    same conveyed be Clement Magruder Gardner to Otha Miller by deed dated
    April 29" 1843,
    and recorded in Book QQ pags 31 & 32 of Record of deeds for said Licking
    County, 2d parcel situate in the County of Licking an in the State of
    Ohio,
    beginning at a point fourteen and two thirds rods east of the west line
    of sec-
    tion four townships four range ten on the line ( in the year 1847)
    between
    Isaac Russell and Otha Miller, thence east to the west line of lands
    owned by
    Jesse Brice thence North sixteen rods to the place Waukatomica Creek
    thence
    along the south bank of said Creek to a point opposite the starting
    point.
    Thence south five rods to the place of beginning containing one acre and
    3/4
    of an acre more or less, and being the same land conveyed to Otha Miller
    by 
    Isaac B. Russell and wife by their deed dated May 29" 1847 and recorded
    in
    Vol. 60 pgs 431 & 432 of records of Deeds for said Licking County, that
    the said
    Plff. Harriet Jones has a legal right to and is seized in fee simple as
    one of
    the heirs at law of the said Otha Miller, deceased of one undivided 1/12
    part of
    said premises, that the said defendants are tenants in common with the
    said Plff.
    that the defendants Susan Tilton, Owen F. Miller, Ruben Miller, Matilda
    Cullison
    Willis H. Miller, Henry F. Miller and Sampson Shults are each entitled
    to and 
    are seized in fee simple of one undivided 1/12 part.
    
    
    354
    of said premises, that the said Sampson Shults as husband of Elizabeth
    Shults
    deceased has also a legal right and is seized for life of one undivided
    1/12
    part of said premises with remainder after the termination of said life,
    Estate
    to Ellen Shults, Tenny Ann Shults, Willis Shults, Geo. W. Shults and
    John W. Shults
    a minor aged about 15 years each 1/16 part of said premises, that the
    said Joseph 
    Jones Jr. John Jones Samuel Jones, Wm. F. Jones, Mary Woods Eliza Woods
    Sarah Ellen Ryan
    and unknown heirs of Harriet Underwood are each entitled to and seized
    in fee
    simple of one undivided 96th part of said premises, that the said Jane
    Mathews
    and Elizabeth Tuttle are each entitled to and seized in fee simple of
    one undi-
    vided 24th part of said premises, That the said Joseph Jones Sen. as the
    husband 
    of Ellinder Jones decd. has a legal right to and seized for life of the
    undivided 
    1/12 part of said premises with remainder in fee to the defendants Mary
    Jones a 
    minor aged about 12 years, Alice Jones a minor aged about 14 years,
    Frances Jones 
    aged about 17 years Sarah King, to each one individed 1/48 part of said
    premises.
                        Wherefore the said Plff. pray that the said
    defendants may
    be notified of the filing of this petition and that partition of said
    lands may 
    be made or if same cannot be done without manifest injury, that then
    such 
    proceeding may be had in the premises as are authorized by law or is
    equitable
    and right.
                                                  Harriet Jones
                                                  Robert Jones
    
    By A.B. Barrick their Atty.
    
    
    The State of Ohio, Licking County S.S.
                        The Plff. Robert Jones being sworn says that the
    facts state
    in the foregoing petition are true as he verily believes, that said
    Petition 
    prays for the Partition of real estate, that service of summons cannont
    be made 
    within this State on the defendants Elizabeth Tuttle and Cary Tuttle her
    husband
    Reben Miller, Owen F. Miller Matilda Cullison, James Cullison her
    husband, Henry
    F. Miller, John Jones, Samuel Jones Joseph Jones Sr. Mary Jones, Alice
    Jones, 
    Frances Jones, Sarah King Richard King her husband, and the unknown
    heirs
    Harriet Underwood deceased, and that this is one of the cases mentioned
    in the
    7" section of the code of civil procedure passed March 11" 1853
                                                  Robert Jones
    Subscribed in my presence and sworn to before me this 31" day of July
    A.D. 1871.
                                                  Wm. Spencer D.C.
    
    
                                   SUMMONS.
    
    The State of Ohio, Licking County S.S.
                       To the Sheriff of Licking County. You are commanded
    to notify
    Sampson Shults, Ellen Shults, Tenny Ann Shults, Willis Shults, George W.
    Shults
    John W. Shults, a minor aged about 15 years and Willis H. Miller,
    impleaded with
    other that they have been sued by Harriet Jones & Robert Jones her
    husband, in 
    the Court of Common Pleas of Licking County, and that unless they answer
    by the
    2d day of September A.D. 1871 the Petition of the said Plff. against
    them, filed
    in the Clerks office of said Court such Petition will be taken as true &
    Judge-
    ment rendered accordingly. 
                        You will make due return of this Summons on or
    before the 14"
    day of August A.D. 1871.
                        Witness my hand and seal of said Court at the City
    of 
    Newark this 31" day of July A.D. 1871
                                                I.W. Bigelow
                                                Clerk
                                            By Wm. Spencer D.C.
    
                               
                               Plantiffs Claim.
    Petition for Partition.                       I. W. Bigelow. Clerk
    
    
    
    
    
    
    355
                                  SHERIFFS RETURN.
                          Recieved this writ July 31" A.D. 1871 and on the
    5" day
    of August 1871. I served the same by delivering a true copy thereof to
    each of
    the within named defendants.                    E. Williams  Sheriff.
    
    
                                     SUMMONS.
    The State of Ohio, Licking County S.S.
                       To the Sheriff of Licking County, you are commanded
    to notify
    Susan Tilton & Joseph Tilton her husband, Sarah Ellen Ryan and Henry
    Ryan her 
    husband ( impleaded with others that they have been sued by Harriet
    Jones Et al
    in the Court of Common Pleas of Licking County and that unless they
    answer by
    the 2d day of September A.D. 1871 the Petition of the said Plff against
    them, 
    filed in the Clerks office of said Court, such Petition will be taken as
    true, 
    and Judgement rendered accordingly,
                       You will make due return of this Summons on or before
    the
    14" day of July A.D. 1871.
     (seal)         Witness my hand and the seal of said Court at the City
    of 
    Newark this 31" day of July A.D. 1871.            I.W. Bigelow Clerk.
                                                      by Wm. Spencer Deputy.
    
    
                                 PLANTIFFS CLAIM.
    Petition for Partition.                            I.W. Bigelow Clerk.
    
    
                                 Sheriffs Return.
    
                      Received this writ August 1" A.D. 1871, and on the 11"
    day
    of same month I served the same by handing to the defendants a true copy
    thereof 
    and returned this 12" day of August 1871.
                                                       J.H. Cary. Shff.
    
                                    SUMMONS.
    
    The State of Ohio, Licking Co. S.S.
                        To the Sheriff of Knox County, You are commanded to
    notify
    Joseph Jones Jr. Wm. H. Jones Mary Woods & Edward Woods, Eliza Woods and
    Frederick
    Woods her husband, Jane Mathews & Joseph Mathews her husband, (
    impleaded with 
    others that they have been sued by Harriet Jones Et al in the Court of
    Common 
    Pleas of Licking County, and that unless they answer by the 2d day of
    September 
    A.D. 1871 Petition of the said Plff. against them filed in the Clerks
    Office of 
    said Court, such Petition will be taken as true and Judgement rendered
    accordingly.
                       You will make the return of this Summons on or before
    the 14"
    day August A.D. 1871,
                       Witness my hand and the seal of said Court at the
    City of 
         (seal)        Newark this 31" day of July A.D. 1871
                                                   Isaac W. Bigelow Clerk.
                                                   By Wm. Spencer D.C.
    
                                   PLANTIFFS CLAIM.
    Petition for Partition.                            I.W. Bigelow Clerk.
    
                              
    
                                  SHERIFFS RETURN.
        
                        Received this writ August 1" A.D. 1871 and on the
    4th day of August
    1871 I served the same by delivering a true copy thereof to each of the
    following
    named defendants Mary Woods Edward Woods Eliza Woods Frederick Woods
    Jane Mathews
    and Joseph Mathews, the defendants Joseph Jones Jr. and Wm. H. Jones not
    found in 
    my county,                                  Allen J. Beach Sheriff of
    Knox Co. Ohio
    
    Harriet Jones Et al  )      We the undersigned defendants in the above
    entitled
            VS           )      case hereby waive the issuing & service of
    Summons
    Susan Tilton Et al   )      and enter our voluntary appearance herein,
    Joseph
                                                       his
    
    
    
    
    356
    
    And afterward to wit at the Oct. Term 1871 the following proceeding were
    had.
    
    Harriet Jones Et al  )     On motion of the said Plffs by A.B. Barrick
           Vs            )     their atty and it appearing to the Court that 
    Susan Tilton Et al   )     the said defendants John W. Shults Mary Jones
    ** ** ** ** ** **          Alice Jones and Frances Jones are minors, it
    is 
    ordered that Henry S. Sook be and he is hereby appointed Guardian for
    the suit
    for the said John W. Shults Mary Jones Alice Jones and Frances Jones are
    minors
    it is ordered that Henry S. Sook be and he is appointed and thereupon
    come 
    the said Henry S. Sook guardian for the suit and accepted said
    appointment.
    
    The State of Ohio, Licking County, Court of Common Pleas.
    Harriet Jones Et al  )         Answer of Infant defendants.
           VS            )
    Susan Tilton Et al   )      Now comes the said minor defendants John W. 
    ** ** ** ** ** **           Shults Mary Jones Alice Jones and Frances
    Jones by Henry S. Sook guardian for this suit and for answer herein
    says,
    that they deny each and every allegation of the plffs Petition
    prejudicial to
    their interest and ask the Court to protect their interest.
                                                     Henry S. Sook
                                                     Guardian Ad Litum
    
    
    And afterwards at the aforesaid Term to wit, the following proceedings
    were had.
    
    Harriet Jones and al )                  IN PARTITION.
            VS           )     And now come the said Plaintiffs by their
    Susan Tilton & al    )     Attorney Asbury B. Barrick and thereupon this 
    ** ** ** ** ** **    )     cause came on to be heard, upon the Petition
    the answer of the infant defendants by Henry S. Sook their guardian for
    the suit
    appointed by the Court, and the evidence and was argued by Counsel on
    consider-
    ation whereof the Court do find that due notice of the pendency of this
    action
    has been given for more than forty days prior to the first day of the
    present
    term of this Court, and the Court do further find that the said Harriet
    Jones has
    a legal right to and is seized in fee simple of 1/12 part thereof of the
    said
    premises set up and described in the Petition herein and the Court do
    further 
    find that the said defendants Sarah Tilton Owen M. Miller Reuben Miller,
    Matilda Cullison Willis H. Miller Henry F. Miller and Sampson Shults are
    each
    entitled to and are seized in fee simple of an undivided 1/12 part of
    said 
    premises, that the said Sampson Shults has also a legal right to and is
    seized 
    for life of 1/12 part of said premises with remainder in fee, Ellen
    Shults Tenny
    Ann Shults and John W. Shults each 1/60 part of said premises that said
    Joseph
    Jones, John Jones, Samuel Jones, Wm. H. Jones, Mary Woods Eliza Woods 
    Sarah E.
    Ryan and the unknown heirs of Harriet Underwood deceased are entitled
    each to 
    1/96 part of said premises, that the said Jane Mathews and Elizabeth
    Tuttle are
    each entitled to 1/24 part of said premises, that the said defendant Jos
    Jones 
    Sr. has a legal right to and is seized for life of 1/12 part with
    remainder in fee
    The defendants Mary Jones, Alice Jones, Frances Jones and Sarah King
    each 1/48
    part thereof.
                      It is therefore ordered that a writ of Partition issue
    to 
    the Sheriff of said County of Licking, commanding him that by the oaths
    of Jared
    Danielson Jacob Phillips and Levi Phillips he cause Partition to be made
    of
    said lands in the following
    
    
    
    357
    Proportions to wit: To the said
    Harriet Jones, Susan Tilton, Owen F. Miller, Reuben Miller, Matilda
    Cullison
    Willis H. Miller, Henry F. Miller, and Sampson Shoults, each 1/12 part.
                    To the said Ellen Shoults T. Ann Shoults Willis Shoults
    George Shoults and J.W. Shoults each 1/60 part subject to the life
    estate of
    of the said Sampson Shoults. To the said Joseph Jones Jr. John Jones,
    Samuel
    Jones Wm. H. Jones Sarah E. Rine, Eliza Woods, Mary Woods, each 1/96
    part,
                    To the unknown heirs of H. Underwood decd. 1/96 part to
    the 
    said Jane Mathews and Elizabeth Tuttle each 1/24 part. To Mary Jones,
    Alice
    Jones, Frances Jones, and Sarah King each 1/48 part subject to the life
    estate 
    of the said Joseph Jones Sr. and it is further ordered that the Sheriff
    re-
    turn his proceedings in the premises forthwith.
    
    
                                WRIT OF PARTITION.
    
    The State of Ohio, Licking County S.S.
                       To the Sheriff of Licking County, We command you that
    with-
    out delay by the oaths of Jared Danielson, Jacob Phillips and Levi
    Phillips, 
    you cause the following described premises, situate in the County of
    Licking,
    and State aforesaid,
                       1st parcel situate in Licking County Ohio and being
    the south 
    west quarter of the north west quarter of section No four 4 in township
    No four 4
    of range No ten 10 Military lands containing 42 64/100 acres.
    Also the south west quarter of the north east quarter of section no five
    5 in
    township no four 4 of range no ten 10 Military land containing 32 20/100
    acres
    said land being the same conveyed by Clement Magruder to Otho Miller by
    deed
    dated April 29" 1843 and recorded in Book "q"q" pgs 31 & 2 of record of
    deeds
    for said Licking County.
                       2d parcel situate in the County of Licking and State
    of
    Ohio, beginning at a point fourteen and 2/3 rods east of the west line
    of section
    four township four range ten on the line between in the year 1847 )
    between
    Isaac Russell and Otha Miller thence east to the west line of lands
    owned by 
    Jesse Brice thence north sixteen rod to the Waukatomaka Creek, thence
    along
    the south bank of said Creek to a post opposite the starting point,
    thence
    south five rods to the place of beginning, containing one acre and 3/4
    of an acre
    of land more or less, and being the same land conveyed to Otho Miller by
    Isaac
    Russell and wife by their deed dated May 29" 1847, and recorded in Vol.
    6 pgs 431
    & 432of Recorded deeds for said Licking County, among the persons named 
    herein and in the following proportions to wit:
    
    To Harriet Jones
    " Susan Tilton      1/12 part
    " Owen T. Miller      "   "
    " Reuben Miller       "   "
    " Matilda Cullison    "   "
    " W. H. Miller        "   "
    " Henry F. Miller     "   "
    " Sampson Shoults     "   "
    " Ellen Shoults     1/60  "  )
    " T. Ann Shoults      "   "  )
    " Willis Shoults      "   "  
    " Geo Shoults         "   "  )  Subject to the life
    " John Shoults        "   "  )  estate of Sampson 
    " Joseph Jones      1/96  "     Shoults.
    " John Jones          "   "  
    
    358
    To Samuel Jones     1/96 part.
    " Wm. H. Jones        "  "
    " Sarah E. Jones      "  "
    " Eliza Woods         "  "
    " Mary Woods          "  "
    " Harriet Underwwods
    unknown heirs         "  "
    " Jane Mathews      1/34 "
    " Elizabeth Tuttle    "  "
    Mary Jones      )   1/48 "
    " Alice Jones   )     "  "
    " Frances Jones )     "  "   Subject to the life estate of
    " Sarah King    )     "  "   Jos. Jones/decd.
               
                  In pursuance of an order lately made in our Court of
    Common
    Pleas within and for the said County of Licking in a certain Petition
    for Par-
    tition the said Harriet Jones Et al are Petitioners and the said Susan
    Tilton Et al are respondents, and that your proceedings in the premises,
    you
    distinctly certify under your hand to our said Court forthwith.
          (seal)  Witness my name and the seal of the said Court of Common
    Pleas at the Court House in Newark this 14" day November A.D. 1871.
                                                 Isaac W. Bigelow Clerk
                                                 By Wm. Spencer D.C.
    
    
                                 SHERIFFS RETURN.
                As commanded by the foregoing writ of Partition I have exe-
    cuted the same by the oaths of Jared Danielson Jacob Phillips, as will
    appear by
    the report of the Commissioners herewith returned.
    Given under my hand this 22d day of November A.D. 1871
                                                 Edwin Williams Sheriff
    
    
                             COMMISSIONERS REPORT.
    Licking County, Court of Common Pleas
    Harriet Jones Et al  )             IN PARTITION.
          vs             )     
    Susan Tilton Et al.  )      According to the command of the writ of Par-
                         )      tition in this case issued and on the call
    ** ** ** ** ** **           of the Sheriff of said County, we the under-
    signed Commissioners after being first duly sworn and upon actual view
    of the 
    premises are of the opinion that said lands cannot be divided without
    mani-
    fest injury, and we do estimate the value of the same at five hundred
    dollars
    $500.00. Given under our hands this 22d day of November A.D. 1871
                                                 Jared Danielson
                                                 Jacob Phillips
                                                 Levi Phillips
                                                 Commissioners.
    
    And afterwards at the aforesaid Oct. Term A.D. 1871 to wit, further
    proceedings
    were had.
                                     IN PARTITION.
    Harriet Jones and  )       On motion to the Court by A. B. Barrick
    Counsel
        Husband        )
          vs           )       for said Plffs and upon proceeding the return
    of 
    Susan Tilton and   )       
          al.          )       the Sheriff and the report of said
    Commissioners
                       )       
    ** ** ** ** ** **          heretofore appointed
    
    359
    and the same having been examined by the Court here and found in all
    respects
    correct and in conformity of law it is hereby ordered that the said
    proceedings 
    and report be and the same is hereby approved and confirmed and
    thereupon 
    neither of said parties electing to take the said premises at the said
    valuation
    it is ordered that the said premises be sold at public sale by the
    Sheriff of
    Licking County, Ohio, according to law and that he return his doings in
    the premises
    to the next term of this Court to which time this action is continued.
                        And afterwards to wit, there was issued from the
    Clerks Office
    of said Court, a certain order of sale which is in the words and figures
    follow-
    ing to wit: 
    
                                 ORDER OF SALE.
    The State of Ohio, Licking County S.S.
    
    Harriet Jones Et al )           To the Sheriff of said County Greeting:
           vs           )         
    Susan Tilton Et al  )
                        )      Whereas a certain Petiton for Partition of 
    ** ** ** ** ** **          real estate wherein Harriet Jones Et al were 
    Plffs. and Susan Tilton Et al were defendants was pending in the Court
    of 
    Common Pleas for said County at the Oct. Term A.D. 1871 and whereas in
    the
    proceedings on said Petition at the Term aforesaid it was by said Court
    or-
    dered that the real estate described in said Petition be sold at public
    auction
    by the Sheriff of said County, the purchase money to be made payable 
    one third
    on the day of sale one third in one year, and one third in two years
    thereafter
    with interest, the deferred payments to be secured to the parties
    agreeably to 
    their respective interests by notes and mortgage in the premises,
            You are therefore hereby commanded to expose to sale upon
    the terms aforesaid according to law said real estate which is thus
    described
    to wit, Situate in County of Licking and State of Ohio.
            1st parcel being the south west quarter of the north west 
    quarter of section No 4 in Township no 4 of range No 10 ten Military
    lands contain-
    ing thirtytwo and sixtyfour hundredths acres also the south west quarter
    of
    the north east quarter of section No five 5 in Township No four 4 of
    range No ten
    10 Military lands containing thirtytwo acres & 20/100 of an acre, said
    land be-
    ing the same conveyed by Clement Magruder to Otho Miller by Deed dated
    April
    29" 1843 and Recorded in Book "2"2" pgs 31 & 32 of record of Deeds for
    said
    Licking County.
            2d parcel, second parcel situate in the County of Licking
    and State of Ohio, beginning at a point fourteen and two thirds rods
    east of 
    the west line of section four township range ten ont he line ( in the
    year
    1847 between Jared Russell and Otho Miller thence east to the west line
    of 
    lands owned by Jesse Brice thence North sixteen rods to the Waukatimaca
    Creek
    thence along the south bank of said Creek to a post oposite the starting
    point,
    thence south five rods to the place of beginning containing one acre and
    3/4 of 
    an acre more or less, and being the same land conveyed to Otho Miller by 
    Isaac Russell and wife by the deed dated May 29" 1847 and Recorded in
    Vol. 6 pgs
    431 & 2 Of Records of Deeds for said Licking
            You are further commanded to make due return of this writ 
    within 60 Days from the date hereof and to bring into said Court your
    money real-
    
    360
    
                                   SHERIFFS RETURN.
    
                         Received this writ the 27" day of November A.D.
    1871 and an
    inquest of three disinterested free holders and residents of the County
    had been
    had on the described real estate, and they on the same day returned to
    me an
    estimate of the value thereof to wit: $500. under their hands and seals
    a copy
    of which forthwith deposited with the Clerk of the within named Court,
    there-
    upon I caused public notice of the time and place of sale of said real
    estate to
    be given for more than 30 days before the day of sale by advertisement
    in the 
    Newark Advocate a newspaper printed in said Licking County and of
    general cir-
    ulation therein as will appear by a copy of said Advertisement hereto
    attached.
                        And on the 2d day of January 1872 at the door of the 
    Court House in Newark Ohio, between the hours of 10 A.M. and 4 P.M. of
    said day
    the time and place of sale specified in said notice, I offered the
    within des-
    cribed real estate at public auction and then there struck off and sold
    the
    same to Samuel Miller for four hundred & eleven dollars $411. he being
    the high-
    est bidder therefor and the sum bid being more than 2/3 of the appraised
    value.
                                                         E. Williams
    Sheriff.
    
    
                               PROOF OF PUBLICATION.
    The State of Ohio, Licking County S.S.
    Harriet Jones Et al  )           W.W. Kingsbury being duly sworn deposes
    and
          vs             )           says that a notice of which true copy
    is
    Susan Tilton Et al.  )           hereto attached, was published for five
    con-
                         )           secutive weeks commencing on the 1" day
    of 
    ** ** ** ** ** **      
    December 1871 in the Newark Advocate a newspaper during that time
    printed by
    Morgan and Kingsbury in the said County of Licking and of general
    circulation
    therein.                                          W.W. Kingsbury.
    
    Sworn and subscribed before me this 1" day of January A.D. 1872
                                                      I.W. Bigelow. Clerk.
    
    
                           SHERIFFS SALE OF PARTITION.
    Harriet Jones Et al  )       By virtue of an order of sale to me
    directed
          vs             )       from the Court of Common Pleas of Licking
    County
    Susan Tilton Et al   )       Ohio. I will offer at public sale at the
    door of 
    ** ** ** ** ** **            the Court House in the City of Newark Ohio,
    on 
    Tuesday, January 2d 1872 between the hours of 10 A.M. & 4 P.M. of said
    day, the 
    following lands and tenements to wit, Situate in the County of Licking
    and State
    of Ohio, 
                            1st parcel being the south west quarter of the
    north west
    quarter of section no4 in township No four of range No ten Military
    lands con-
    taining 32 64/100 acres also the south west quarter of the north east
    quarter of
    section No five 5 in township No 4 range No ten 10 Military lands
    containing 32
    20/100 acres, said lands being the same conveyed by Clement Magruder to
    Otho
    Miller by deed dated April 29" 1843 and recorded in Book "q"q" pages 31
    & 32
    of records of Deeds for said Licking County,
                            2d parcel situate in the County Licking, and
    State of 
    Ohio, Beginning at a point fourteen and 2/3 rods east of the west line
    of
    section four township four range ten 10 on the line in the year 1847
    between 
    Isaac Russell and Otho Miller, thence east to the west line of lands
    owned by
    Jesse Brice thence North 16 rods to Waukutomica Creek thence
    
    361
    
    along the south bank of said creek to a post opposite the starting
    point, thence
    south five rods to the place beginning containing one acre 3/4 of an
    acre
    more or less, and being the same land conveyed to Otho Miller by Isaac
    Russell
    and wife by their deed dated May 29" 1847 and recorded in Vol. 6 pages
    431 & 432
    of records of deeds for said County, appraised at $500.00.
                       Terms of sale on third 1/3 in one year and 1/3 in 
    two years from day of sale, with interest on deferred payments which are
    to be
    secured by mortgage on the premises sold.           E. Williams Sheriff
    
    And afterward to wit at the January Term 1872 of said Court, the
    following 
    proceedings were had, which reads as follows to wit.
    
    Harriet Jones Et al  )                  In Partition.
          vs             )       
    Susan Tilton Et al   )       And now came the said Plaintiffs of A.B.
                         )
    ** ** ** ** ** **            Barrick their counsel and on his motion and
    upon producing the report of the Sheriff of his sale made under former
    order
    of this Court, and the Court being satisfied on examination that said
    sale
    was in all respects made according to law, it is ordered that the said
    proceed-
    ings and sale be and the same is hereby approved and confirmed, and the
    said
    Sheriff is ordered by deed duly executed to convey said premises to the
    said
    purchaser Samuel Miller in fee simple and it is further ordered that the
    said
    Sheriff out of moneys in his hands pay the costs of this case including
    a 
    Counsel fee of forty dollars to A.B. Barrick Plffs Attorney taxed at
    $137.00
    and that said Sheriff take from said purchaser eight notes in the sum of
    $11.
    5/12 each made payable to Harriet Jones Susan Tilton Owen F. Miller
    Reuben
    Miller, Matilda Cullison Willis F. Miller and Henry F. Miller,
    respectively, to
    each one note and due the 2d day of January 1873, and a like number of
    notes 
    in the same sum tot he same persons last mentioned to each one note due
    January 2d 1873, and one note due January 2d 1874 payable to Joseph
    Jones Jr. John Jones, Samuel Jones, Wm. H.
    Jones mary Woods Eliza Woods, Sarah Ellen King and unknown heirs of
    Harriet Underwood deceased, to each 2 notes and each note in the sum of
    1.41/96$ also two
    notes to each for Jane Mathews and Elizabeth Tuttle falling due January
    2d
    1873 and January 2d 1874 in the sum of $5 17/24 two notes to Joseph
    Jones in 
    the sum of $7.28 each due in one and two years from January 2d 1872 and
    two notes
    to each of the following persons Mary, Alice and Frances Jones and Sarah
    King in
    the sum of $1.03 one due January 2d 1873 and one January 2d 1874 also
    two notes
    payable to Ellen, Teney Ann, Willis George & John W. Shoults in the sum
    of $1.35
    each due in one and two years from January 2d 1872, also two notes  int
    he sum
    of $17.08 each payable one and two years from January 2d 1872 all of
    said notes 
    to bear interest from January 2d 1872 and to be secured by mortgage on
    the said 
    premises so as aforesaid sold.
    
    362
    
                                      LEGAL NOTICE.
    Harriet Jones Et al )       Reuben Miller and Owen F. Miller who reside
    in 
             vs         )       the State of Iowa, Matilda Cullison and
    James
    Susan Tilton Et al  )       Cullison her husband, Henry F. Miller John
                        )       Jones and Samuel Jones who reside in the
    State
    ** ** ** ** ** **  
    of Indiana, Joseph Jones Sr. Mary minor aged about 12 years Alice Jones
    a minor 
    aged 14 years Frances Jones a minor aged 17 years Sarah King and Richard
    King
    her husband whose place of residence is unknown and the unknown heirs of
    Harriet
    Underwood deceased whose place of residence is not known will take
    notice that 
    a Petition was filed against them impleaded with others ont he 31" day
    of July
    A.D. 1871 in the Court of Common Pleas within and for the County of
    Licking and
    State of Ohio, by Harriet Jones and Robert Jones her husband and is now
    pending
    wherein the said Harriet Jones and husband demand Partition of the
    following 
    real estate to wit:
                              Situate in the County of Licking and State of
    Ohio, being
    the south west quarter of the north west quarter of section number four
    in
    township number four of range number ten 10 Military land, containing 32
    acres
    and 64/100 also the south east quarter of the north east quarter of
    section
    number five 5 in township number four 4 of range No ten Military lands
    contain-
    ing 32 20/100 acres also a piece ground, commencing two and 2/3 rods
    east of the 
    west line section four township 4 range ten on the line between I.B.
    Russell
    and Otho Miller in 1847, thence east to the west line of lands owned by
    Jesse
    Rice thence north 16 rods to Waukatomica Creek thence alone the banks of
    said 
    Creek to a point opposite the starting point, thence south five rods to
    the place 
    of beginning and at the next Term of said Court the said Petitioner will 
    apply for an order that Partition may be made of said premises.
    By A.B. Barrick their Atty.                     Harriet Jones
                                                    Robert Jones.
    
    
                                  Proof of Publication.
    Harriet Jones Et al )
            vs          )     
    Susan Tilton Et al  )
                        )
    ** ** ** ** ** ** 
    
    State of Ohio, Licking County S.S.
                         Wm. D. Morgan being duly sworn deposes and says
    that a 
    notice of which a true copy is hereto attached was published for six
    consecu-
    tive weeks commencing on the 4 day of August 1871 in the Newark
    Advocate, a
    newspaper during that time printed by Morgan and Kingsbury in the said
    County of 
    Licking and of general Circulation therein.
                                                     W.D. Morgan
    Sworn and subscribed before me this 27" day of Oct. A.D. 1871
                                                     I. W. Bigelow. Sheriff.
    
    ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** LM.