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 )
)
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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.
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