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April Term 1829
<end of previous case ignored>
Pleas begun and held at Lebanon in the County of Warren and State of
Ohio on the third Monday of April being the twentieth day of the same
month in the year of our Lord
one thousand eight hundred and twenty nine, before the honorable George
P Smith president judge of the
Court of Common Pleas for the seventh circuit at Lebanon, and Wyllys
Pierson George Kesling
and Mi=
chael H Johnson Esquires Associate Judges.
Francis Lucas |
Guardian Be it remembered that heretofore, |
|
to wit; on the eleventh day of September |
in the year of our Lord one thousand eight hundred and twenty eight,
Frances Lucas Guardian
of Maria Jane Blackford and other children and heirs
of Allen Blackford
dec’d, by George P
Smith Esq. his counsel, filed on the Chancery Side of the Court
of Common pleas here his petiti=
on for partition of real estate in the words and of the tenor following
to wit: _ To the Honorable
the Judges of the Court of Common Pleas within and for the County of Warren
and State of Ohio
Your petitioner Francis Lucas guardian of Maria
Jane Blackford, John M Blackford, Susan
Blackford, Seneca Blackford, Merritt
Blackford, Allen Blackford, and Elmira
Blackford chi=
dren and heirs at Law of Allen
Blackford late of Warren County Ohio dec’d would humbly
represent unto your honors that Allen
Blackford the Father of your petitioners wards departed
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April Term 1829
this life sometime in the month of September 1827, leaving a widow Nancy
Blackford and the before
mentioned children and heirs, for which children your petitioner was appointed
guardian by the Court of
Common Pleas for Warren County at the October term of said Court in the
year eighteen hundred and
twenty seven. Your petitioner would further state unto your Honors that
since the death of the said Allen
Blackford the widow of said deceased has been delivered of a posthumous
child Nancy Blackford aged about
four months at this time for whom no guardian has yet been appointed.
Your petitioner would further repre=
sent unto your Honors that sometime about the year eighteen hundred and
twenty four, John Blackford
the father of Allen Blackford
for whose children and heirs or part of them your orator was appointed
guardian as aforesaid, departed this life at Warren County aforesaid intestate,
leaving at the time of his
death a widow Susannah Blackford, who is still living
and resides in Warren County Aforesaid and
the following named children and heirs to wit: Allen
Blackford since deceased as aforesaid, Elizabeth
Trembly late Elizabeth Blackford wife of Moses
Trembly both of whom reside in Warren County. –
Levi Blackford who at that time resided in Preble County
Ohio; Osee Jennings late Osee Blackford
who
is now the wife of Jacob Jennings, both of whom reside
in Seneca County Ohio. Phebe Trembly late Phebe
Blackford wife of Aaron Trembly both of whom
live in Warren County Ohio; Simeon Blackford
living in Warren County Ohio, John H Blackford who resides
in Warren County Ohio, Catharine
Blackford who is under the age of twenty one years and resides
in Warren County Ohio; Mahlon
Blackford who is also under the age of twenty one years and resides
in Warren County Ohio; and Lu=
cinda Brown, wife of William Brown, Late Lucinda
Blackford living in Warren County Ohio. __
Your petitioner would further state that the said John Blackford
had another son David Blackford
who died five or six years ago, and whom the said John Blackford
survived said David left a widow
Betsy Blackford and the following named children and
heirs, all of whom your petitioner believes are
under the age of twenty one years to wit: Nelson Blackford,
Sarah Blackford and Emily Blackford
all of whom reside in Warren County Ohio. Said John also had a daughter
Polly Smally late
Polly Blackford and wife of David D Smally.
Said Polly departed this life some five or six years
ago leaving the following named children and heirs whose ages are not
known to your petitioner but he
presumes they are all under the age of twenty one years, to wit: John
B Smally, Sally Smally, Hannah
Smally, Samuel Smally, Rachel Smally
and Mary Ann Smally, all of whom together with
their father live as your petitioner has been informed in Morris County
in the State of New Jersey
Since the death of the said John Blackford, Levi
Blackford who resided in Preble County Ohio
has departed this life, to wit: sometime during the last winter, leaving
a widow Mary Blackford,
and the following named children and heirs all of whom your petitioner
believes are under twenty
one years of age, to wit, Lucretia, Eveline and Susan Blackford,
and all of whom together with
their mother live in Preble County Ohio. – Your petitioner would
further state unto your honors
that the said John Blackford died seized in fee simple
of two certain lots of land granted by
the United States of America to said John Blackford by
patent bearing date the fourth day of
September Eighteen hundred and Seven for two hundred and forty acres of
land, One hundred and
ten acres thereof situate lying and being in the North East corner of
Section Number Nineteen
in Township three of the fifth range of the land lying between the Great
Miami river and the Virgin=
ia reservation, And one hundred and thirty acres thereof situate lying
and being in the South
East corner of Section No. twenty in Township three of the fifth range
of the land lying between
the Great Miami river and the Virginia reservation, both tracts situate
in the County of Warren
Ohio, as will more fully appear by said patent filed herewith marked (A)
and which your
petitioner prays may be made a part of this his petition. Said John Also
died seized and possessed
of an equitable interest in the following described tract of land for
which he held a title bond
executed by one John Terrill and dated the eighteenth
day of June 1806. Said Terrill had not
executed a deed therefor at the death of said John Blackford, but since
his death to wit: on
the sixth day of October eighteen hundred and twenty seven, executed a
deed of conveyance therefor
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April Term 1829
signed by himself and wife to the legal heirs of said John Blackford
by the following descrip=
tion to wit – “ All that certain tract or parcel of land situate
lying and being in the County
of Warren and State of Ohio and being part of section nineteen in the
third township of the
fifth range between the Miami rivers & bounded and described as follows
vis: commencing on
the East boundary of said section and at the North East corner of said
Terrils land the same
being the South East corner of land of the heirs of John Blackford
deceased, and thence running
South eighty seven degrees, West along an old marked line, to said Terrils
North West corner, a
distance of fifty seven chains and ninety links thence South three degrees
East one chain and
seventy three links to stake on said Terrils west boundary, Witness two
sugars, thence North eighty
seven degrees East, and parallel with said Terril’s North boundary
fifty seven chains and
ninety links, to a stake on the East boundary of said section, thence
North three degrees West
one chain and seventy three links, to the place of beginning containing
ten acres strict measure
Your petitioner further shows unto your honors that on the death of the
said John Blackford the
said tracts of land which said deceased held by patent in his life time
descended to the before
named children and grandchildren of the said John to wit: the said Allen
Blackford, El=
isabeth Tremble, Levi Blackford, Osee Jennings late Osee
Blackford, Phebe Trembly, Simeon Blackford
John H Blackford, Catharine Blackford, Mahlon Blackford, Lucinda Brown,
Nelson Blackford
Sarah Blackford and Emily Blackford (the three last children
and heirs of David Blackford dec’d
son of said John ) who inherit their father’s share of said real
estate, John B Smally, Sally Sm=
ally, Hannah Smally, Samuel Smally, Rachel Smally, and Mary Ann Smally
children and
heirs of Polly Smally dec’d who was a daughter
of said John Blackford dec’d, and who inherit
the share that their mother would have been entitled to had she survived
that said John. And on the death
of the said Allen Blackford
his interest in said land descended to your petitioners wards, the said
Maria Jane, John M, Susan, Seneca, Merritt, Allen, and Elmira
Blackford, and the said
Nancy the posthumous child of the said Allen, and the
said Nancy Blackford widow of the said
Allen became entitled to her right of dower in the interest of her said
deceased husband in said
land, and upon the death of said Levi Blackford his interest
in said land descended to Lucretia
Blackford, Eveline Blackford, and Susan Blackford his children
and heirs subject to the dower
of his widow Mary Blackford in the share or portion of
her deceased husband. The said Susannah
Blackford widow of said John Blackford dec’d
is entitled to her dower in the whole of the said
tract of land __ Your petitioner further states that since the death of
the said John Blackford the
said William Brown and Lucinda his wife late Lucinda
Blackford, and Simeon Blackford have
conveyed all their right title and interest in said tracts of land to
Joseph Keenan who resides in
the County of warren Ohio – the two former by deed bearing date
the tenth day of February 1827
and the latter by deed bearing date the eleventh day of August 1828 both
of which interests are
now held by said Joseph Keenan – Your petitioner
further states that by by (sic) virtue of said conveyances
to said Keenan the said Keenan became tenant in common with the before
mentioned children and
grand children of said John Blackford dec’d ( excepting
said Simeon and William Brown & wife
who conveyed to Keenan ) in said tracts of land – the children and
heirs and grand children of said
Blackford’ being originally tenants in coparcenary in the lands
said John held by patent and said
parties (with the exception of Simeon Blackford and William Brown
and wife) are now tenants in
common of the land conveyed by said Terrill _ Your petitioner guardian
as aforesaid therefore states
that his said wards and the said posthumous child of said Allen
Blackford dec’d are entitled
as heirs of Allen Blackford
dec’d, and also as the legal heirs of John Blackford
dec’d father
of said Allen, a parcenary with the other heirs, and tenants in common
with said Keenan
and the other heirs as before stated, subject to the claims of dower as
before set forth) to one
undivided twelfth part of said tract of land before described. Your petitioner
therefore prays your
honors that by a decree of this Honorable Court, your Honors would order
adjudge and decree
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April Term 1829
that partition of said premises may be made according to the Statute of
the State of Ohio in such
case made and provided, and that the interest and share of each of your
orators wards may be set off
to him and her in severalty, and that the interest and share of each of
the other persons may be set off
to him and her in severalty. That the right of dower in said premises
may be set off and assigned to
the persons entitled to the same; that your honors would appoint guardians
ad litem for the minors inter=
ested and hereinbefore named, and made parties. And such other and further
relief as to your Honors
may appear equitable and just. And your petitioner as in duty bound will
be. __ Geo. P Smith Atty.
for petitioner – Patent marked (A __ Thomas Jefferson,
President of the United States of Amer=
ica – To all to whom these presents shall come Greeting: Know ye
that John Blackford of Ham=
ilton County Ohio having deposited in the Treasury a certificate of the
Register of the Land Office
at Cincinnati whereby it appears he has made full payment for two hundred
and forty acres of land
One hundred and ten acres whereof is in the North east corner of Section
number nineteen, and the re=
mainder in the South east corner of Section number Twenty all in Township
number three in the fifth
range of the lands lying between the Great Miami river and the Virginia
reservation sold under the
direction of the Register of the Land Office at Cincinnati by virtue of
the right of pre=emption granted
by law to certain persons who have contracted with John Cleeves
Symmes or his Associates. There is gra=
nted by the United States in pursuance of the Act of Congress in that
case provided, unto the said
John Blackford, the parts of sections of land above described,
To have and to hold the said parts of sec=
tions of land with the appurtenances unto the said John Blackford
his heirs and assigns forever.
In testimony whereof I have caused these Letters to be made patent and
the Seal of the United
States to be hereunto affixed __ Given under my hand at the City of Washington
the fourth day
of September in the year of our Lord one thousand eight hundred and Seven
and of the Independence
(seal) of the United States of America the thirty second. _ By the President
_ Th. Jefferson.
James
Madison Secretary of State.
And thereupon the writ of the State of Ohio ^of subpoena issued directed
to the Sheriff of Warren Co=
unty in the words and of the tenor following to wit=. The State of Ohio
Warren County ss, To
Joseph Whitehill Sheriff
of our said county Greeting: We command you to summon Moses Trembly
and Elizabeth his wife, late Elizabeth Blackford,
Aaron Trembly and Phebe his wife late Phebe Blackford,
John H Blackford, Catharine Blackford, Mahlon Blackford, Joseph
Keenan, Nelson Blackford, Sa=
rah Blackford and Emily Blackford, Nancy Blackford, Susanna Blackford
and Nancy Blackford
widow of Allen Blackford
deceased to appear before the Judges of our Court of Common Pleas for
the County aforesaid on the 4th Monday of October next to answer a petition
for partition filed
by Francis Lucas guardian &c demanding partition
of the lands of John Blackford dec’d and this
they shall in no wise omit under the penalty of one thousand Dollars and
have then there this
writ _ Witness the Honorable Joshua
Collett President Judge of our said Court for the Seventh
circuit at Lebanon this 11th day of Sept. A.D. 1828 _ P.K. Wilds,
Clk _ At
Which said fourth Monday of October, being the twenty seventh day of the
same month in the year
of our Lord one thousand eight hundred and twenty eight; comes into said
Court here The said
Francis Lucas Guardian &c by his counsel Aforesaid
_ And the Sheriff of Warren County to wit:
Joseph Whitehill Esqr.
to whom the above recited writ was in form aforesaid directed, returns
the
same in Court here with this endorsement thereon to wit: _ “September
the 15th 1828 _ Served on:
Aaron Trembly and John H Blackford,
by copy left at their residence, and on each of the other
defendants by reading. _ J.
Whitehill Shff __ Whereupon on motion, the Court appoints Susan=
na Blackford guardian ad litem for Mahlon Blackford
_ Aaron Trembly guardian ad litem
for John H Blackford, and David Stokes
guardian ad litem for David N Blackford, Sarah
Ann Blackford, and Emily Blackford, the Court also appoint William
McLean guardian ad
Litem for the other minor Defendants named in said petition. And the Court
being satisfied
that notice of the pendency of this suit has been given by publication
according to the form of the
|
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April Term 1829
Statutes of Ohio in such case made and provided, and that personal notice
has been given to
those defendants who reside in this county, and the Guardians ad litem
appearing in Court here and
consenting thereby, It is therefore ordered and decreed by the Court here
that partitions of the premises
described in said petition, be made by John Satterthwaite, Noah Haines,
and Thomas Clayton
and that they set off dower according to the prayer of said petition,
and that they make return of
their proceedings hereon forthwith __ ^ (text inserted in written record
above this line indicated to be inserted here)
^ (insert) and therefor an order of partition issued(?)
directed to the Sheriff of Warren County in the words & of the tenor
following: to wit:
The
State of Ohio Warren County ss, _ To Joseph
Whitehill Esq.
Sheriff of our said County Greeting: Whereas heretofore to wit: on the
Eleventh day of September in
the year of our Lord one thousand eight hundred and twenty eight, Francis
Lucas guardian of Maria
Jane Blackford and other children and heirs of Allen
Blackford dec’d by George P Smith Esq. his
counsel filed in Court here his petition for partition of land, in the
words and of the tenor following
to wit _ To the honorable the Judges of the Court of Common Pleas within
and for the County of
Warren and State of Ohio _ Your petitioner Francis Lucas
guardian of Maria Jane Blackford ^ (inserted) John
Blackford
Susan Blackford, Seneca Blackford, Merritt Blackford, Allen Blackford
and Elmira Blackford
children and heirs at Law of Allen
Blackford, late of Warren County Ohio dec’d would humbly
represent unto your honors, that Allen
Blackford the father of your petitioners wards departed this
life sometime in the month of September 1827 leaving a widow Nancy
Blackford and the before men=
tioned children and heirs for which your petitioner was appointed guardian
by the Court of Common
Pleas for Warren County at the October term of said Court in the year
eighteen hundred and twenty
seven _ Your petitioner would further state unto your honors that since
the death of the said Allen
Blackford the widow of said deceased has been delivered of a posthumous
child Nancy Blackford aged
about four months at this time for whom no guardian has yet been appointeed
_ Your petitioner would
further represent unto your honors that sometime about the year eighteen
hundred and twenty four _
John Blackford, the father of Allen
Blackford, for whose children and heirs or part of them your
Orator was appointed guardian as aforesaid, departed this life at Warren
County aforesaid intestate
leaving at the time of his death a widow Susannah Blackford
who is still living and resides
in Warren county aforesaid, and the following named children and heirs
to wit: Allen Blackford
(since deceased as aforesaid) Elizabeth Trembly, late Elizabeth Blackford
wife of Moses Trembly both of whom
reside in Warren County, Levi Blackford who at that time
resided in Preble County Ohio, Osee Jennings
late Osee Blackford who is now the wife of Jacob
Jennings, both of whom reside in Seneca County Ohio
Phebe Trembly, late Phebe Blackford
wife of Aaron Trembly both of whom live in Warren County
Ohio
Simeon Blackford living in Warren County Ohio, John
H Blackford who resides in Warren County
Ohio, Catharine Blackford who is under the age of twenty
one years and resides in Warren County Ohio
Mahlon Blackford who is also under the age of twenty
one years, and resides in Warren County Ohio &
Lucinda Brown wife of William Brown
late Lucinda Blackford, living in Warren County Ohio
Your petitioner would further state that the said John Blackford had another
son David Blackford
who died five or six years ago, and whom the said John Blackford
survived said David left a
widow, Betsey Blackford, and the following named children
and heirs all of whom your petitioner be=
leives are under the age of twenty one years to wit: Nelson Blackford,
Sarah Blackford & Emily
Blackford, all of whom reside in the County of Warren Ohio, said
John also had a daughter
Polly Smally, late Polly Blackford and
wife of David S Smally, said Polly departed this life
some
five or six years ago leaving the following named children and heirs whose
age are not known to your
petitioner but he presumes they are all under the age of twenty one years,
to wit: John B Smally
Sally Smally, Hannah Smally, Samuel Smally, Rachel Smally and Mary Ann
Smally all of
whom together with their father live as your petitioner has been informed
in Morris County State of
New Jersey. Since the death of the said John Blackford,
Levi Blackford who resided in Preble
County Ohio has departed this life to wit: Sometime during the last winter,
leaving a widow Mary
Blackford, and the following named children and heirs all of
whom your petitioner believes are
under twenty one years of age: Lucretia, Eveline and Susan Blackford
and all of whom
|
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April Term 1829
together with their Mother live in Preble County Ohio, Your petitioner
would further state unto your honors that
the said John Blackford died seized in fee simple of two certain lots
of land granted by the United States of A=
merica to said John Blackford by patent bearing date
the fourth day of day of September Eighteen hundred and seven for two
hundred and forty acres of land, one hundred and ten acres thereof situate
lying and being in the North East cor=
ner of Section number nineteen in Township three of the fifth range of
the land lying between the Great Miami ^ River
and the Virginia reservation, and one hundred and thirty acres thereof
situate lying and being in the South
East corner of Section No. twenty in township three of the fifth range
of the lands lying between the Great
Miami river and the Virginia reservation _ both tracts situate in the
County of Warren Ohio, as will more
fully appear by said patent filed herewith marked (A) and which your petitioner
prays may be made a part
of this his petition _ Said John also died seized and possessed of an
equitable interest in the following described
tract of land for which he held a title Bond executed by one John
Terrill and dated the eighteenth day of
June 1806. Said Terrill had not executed a deed therefor at the death
of the said John Blackford, but
since his death to wit: on the sixth day of October eighteen hundred and
twenty seven executed a deed
of conveyance therefor signed by himself and wife to the legal heirs of
said John Blackford, by the fol=
lowing descriptions to wit: “All that certain tract or parcel of
land situate lying and being in the
County of Warren and State of Ohio, and being a part of section nineteen
in the third Township of
the fifth range between the Miami Rivers, and bounded and described as
follows to wit: Commencing on
the East boundary of said Sections, and at the North East corner of said
Terrill’s land, the same
being the South East corner of land of the heirs of John Blackford
deceased and thence running
South eighty seven degrees West, along an old marked line to said Terrills
North West corner a distance
of fifty seven chains and ninety links, thence South three degrees East
one chain and seventy three links
to a stake on said Terrills ^ west (?) boundary,
witness two sugars thence North eighty seven degrees East &
parallel with said Terrills North boundary fifty seven chains and ninety
links to a stake on the East
boundary of said sections, thence North three degrees West one chain and
seventy three links to the place
of beginning containing ten acres strict measure _ Your petitioner further
shows unto your honors that
on the death of the said John Blackford, the said tract
of land which said deceased held by patent in
his lifetime, descended to the before mentioned children and grand children
of the said John to wit: the said
Allen Blackford, Elizabeth
Trembly, Levi Blackford, Osee Jennings, late Osee Blackford,
Phebe Trembly, Simeon
Blackford, John H Blackford, Catharine Blackford Mahlon Blackford, Lucinda
Brown, Nelson Blackford,
Sarah Blackford and Emily Blackford, the three last children
and heirs of David Blackford ^ dec’d son of &
^ said John
who inherit their father’s share of said real estate, John
B Smally, Sally Smally, Hannah Smally, Samuel
Smally, Rachel Smally and Mary Ann Smally, children and heirs
of Polly Smally dec’d who was
a daughter of said John Blackford, and who inherit the
share that their Mother would have been entitled
to had she survived the said John, and on the death of the said Allen
Blackford his interest in said land
descended to your petitioner’s wards, the said Maria Jane,
John M, Susan, Seneca, Merrit, Allen
and Elmira Blackford, and the said Nancy the posthumous child
of said Allen, and the said
Nancy Blackford widow of said Allen, became entitled
to her right of dower in the interest of her
said deceased husband, in said land, and upon the death of said Levi
Blackford his interest in said
land descended to Lucretia Blackford, Eveline Blackford and Susan
Blackford his children and heirs
subject to the dower of his widow Mary Blackford in the
share of her deceased husband. The said
Susannah Blackford widow of said John Blackford
deceased is entitled to Her dower in the whole
of the said tracts of lands. _ Your petitioner further states that since
the death of the said John
Blackford, the said William Brown and Lucinda his wife
late Lucinda Blackford and Simeon
Blackford have conveyed all their right, title and interest in
said tracts of land to Joseph Keenan
who resides in the County of Warren Ohio. The two former by deed bearing
date the tenth day
of February 1827, and the latter by deed bearing date the eleventh day
of August 1828
both of which interests are now held by Joseph Keenan.
_ Your petitioner further states that by
virtue of the said conveyances to the said Keenan, the said Keenan became
tenant in common
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April Term 1828 (sic! should be 1829)
with the before mentioned children and grand children of said John
Blackford dec’d (excepting
said Simeon and William Brown and wife who conveyed to
Keenan) in said tracts of land _ The
children and heirs and grand children of said Blackford being originally
tenants in coparcenary in
the lands said John held by patent of said parties (with the exception
of Simeon Blackford & William
Brown and wife) are now tenants in common of the land conveyed
by said Terrill _ Your petitioner
guardian as aforesaid therefore states that his said wards and the said
posthumous child of said
Allen Blackford deceased,
are entitled as heirs of Allen
Blackford dec’d and also as the legal
heirs of John Blackford dec’d father of said Allen
as parcenary with the other heirs and tenants
in common with said Keenan and the other heirs as before stated (subject
to the claims of dower
as before set forth) to one undivided twelfth part of said tracts of land
before described _ Your
petitioner therefore prays your honors that by a decree of this Honorable
Court, your honors would
order adjudge and decree that partition of said premises may be made according
the Statute
of the State of Ohio in such case made and provided and that the interest
and share of each
of your Orator’s wards may be set off to him and her to hold in
severalty and that the in=
terest and share of each of the other persons may be set off to him and
her in severalty. That
the right of dower in said premises may be set off and assigned to the
persons entitled to the same
that your Honors would appoint guardians ad litem for the minors interested
and herein before named
and made parties. And such other and further relief as to your honors
may appear equitable and just
And your petitioner as in duty bound will &c.__ Geo. P Smith
Atty for Petitioner __ __ And
Afterwards to wit: at the present term of said Court of Common Pleas begun
and held at Lebanon
in the County of Warren aforesaid, on the fourth Monday of October in
the year of our Lord one
thousand eight hundred and twenty eight, It was ordered and decreed by
said Court that partition be
made of the premises in said petition mentioned according to the prayer
thereof, And it appearing to
the Court that John
Satterthwaite, Noah Haines and Thomas Clayton are
three disinterested freeholders
of the County of Warren who are not of kin to any of the persons interested
therein, _ The Court
appoints the said John
Satterthwaite, Noah Haines and Thomas Clayton Commissioners
to make par=
tition of the said premises, according to the prayer of the petition,
You are therefore hereby comman=
ded that by the oaths of John
Satterthwaite, Noah Haines and Thomas Clayton, you
cause parti=
tion to be made of the premises set forth and described in the petition
contained in this order according
to the prayer thereof, and of your proceedings hereon make return to our
said Court of Common Pleas
forthwith and have you then there this order _ Witness the Honorable Joshua
Collett President
Judge of our said Court of Common Pleas for the Seventh Circuit at Lebanon
the 1st day of
November A.D. 1828 _ P. K. Wilds, Clk. _ And thereupon
the Sheriff of Warren County
to wit Joseph Whitehill
Esq. to whom the aforegoing recited order was in form aforesaid directed
makes return thereof to the Court here thus endorsed to wit: In obedience
to the command of
the within order, I have summoned the within named commissioners, John
Satterthwaite, Noah
Haines and Thomas Clayton, who proceeded to view the premises
within mentioned and to execute
the duties required of them, which said commission have made return of
the manner in which
they have performed their duty. To which return and report under the hands
and seals of said
commissioners reference is here had and the same is made a part of this
return. _ November
the 6th. 1828. _ J. Whitehill
Shff _ The State of Ohio Warren County ss. _ Before me
the undersigned Justice of the Peace within and for the county aforesaid
personally came,
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|
April Term 1829
after setting off and assigning to Susannah Blackford
widow of John Blackford deceased the ancestor
of the within named heirs her dower in said premises a platt of which
assignment of dower is hereunto attached
we are of the opinion that the remainder of the premises in the within
order mentioned cannot be divided among
the heirs, according to the demand of the within writ without prejudice
to or spoiling the whole we are also
of opinion that the dower of the widows of Allen
Blackford dec’d and Levi Blackford dec’d
cannot be
set off and assigned to them specifically in the premises. _ We therefore
appraise said premises at Eleven
Dollars and fifty cents per acre. The part assigned as dower included,
and also the reversionary interest
of the heirs after the termination of the dower estate of said Susannah
Blackford dec’d. And we set
off to Nancy Blackford widow of Allen
Blackford dec’d and to the widow of Levi Blackford
dec’d
to each the interest of one third of one twelfth part of the money for
which said land may be sold
during the period of their natural lives _ Given under our hand and seals
this 6th Nov 1828
(diagram showing slightly more than 74 acres in
the southeast corner of John Blackford’s
252 acres being set off to Susannah Blackford as widow’s dower)
Draft of a tract of land the property
of John Blackford deceased being in section 19 or 20
T. 3
R 5 between the Miami River containing 152 acres 12 perches with widows
dower taking out of it beginning
at the S.E corner of said tract thence S. 87 W. 204 2/10 poles thence
N. ___(?) 15 W 58 poles thence N. 87
E 204 3/10 ples thence S 1 E 58 poles to the beginning containing 74 acres
and 9 perches _ Surveyed Nov 1828
Thomas Clayton _ John
Satterthwaite _ Noah Haines _
Whereupon the Court, after a careful examination of the return of the
commissioners aforesaid, are
satisfied that the premises described in the said petition cannot be divided
among the heirs aforesaid according to the
prayer of said petition without prejudice to or spoiling the whole _ Therefore
on motion of said petitioner by
his counsel aforesaid it is ordered by the Court here that the premises
mentioned in said partition be exposed to
sale according to the form of the statute of the State of Ohio in such
case made and provided, the same to
be sold for not less than two thirds of the appraised value as returned
by said commissioners; one third of the
purchase money to be paid in hand, one third in one year, and the ballance
(sic) in two years from the day
of sale: The deferred payments to bear interest from the day of sale,
and to be secured by mortgage on the
premises _ And thereupon further process of and upon the premises aforesaid,
by order of the Court here _____(?)
is continued until the second Monday of April next _ And afterwards to
wit on the third day of
January in the year of our Lord one thousand eight hundred and twenty
nine, an order of sale issued dir=
ected to the Sheriff of Warren County in the following words to wit _
The State of Ohio Warren County
ss. To Joseph Whitehill
Esquire Sheriff of our said County, Greeting: Whereas heretofore to wit:
On
the 1st day of Nov A.D. 1828 _ An order issued from the Court of Common
Pleas within and for the
County aforesaid directed to you the said Sheriff commanding you in substance
that by the oaths of John
Satterthwait, Noah Haines and Thomas Clayton you
cause dower to be set off from and partition
to be made between the heirs of John Blackford dec’d
of the following ascribed tracts of land to=
wit _ “Two certain lots or parcels of land granted by the United
States of America to said John
Blackford by patent bearing date the fourth day of September
eighteen hundred and seven for two
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April Term 1829
hundred and forty acres of land, one hundred and ten acres thereof situate
lying and being in the
North East corner of section number nineteen in township three of the
fifth range of the land
lying between the Great Miami River and the Virginia reservation; And
One hundred & thirty
acres thereof situate lying and being in the South East corner of Section
No twenty in Town=
ship three of the fifth range of the lands lying between the Great Miami
river and the Vir=
ginia reservation both tracts situate in the county of Warren Ohio, as
will more fully appear
by the patent _ Also all that certain tract or parcel of land situate
lying and being in the
County of Warren and State of Ohio, and being part of Section nineteen
in the third township
of the fifth Range between the Miami Rivers; And bounded and described
as follows Viz: Com=
mencing on the East boundary of said Section and at the North East corner
of said Terrill’s
land, the same being the South East corner of land of the heirs of John
Blackford deceased
and thence running South eighty seven degrees West along an old marked
line to said Terril’s
North West corner, a distance of fifty seven chains and ninety links to
a stake, thence South
three degrees East one chain and seventy three links to a stake on said
Terrils West boundary Witness
two sugars, thence North eighty seven degrees East and parallel with said
Terrils North boundary
fifty seven chains and ninety links to a stake on the East boundary of
said Section, thence North
three degrees West one chain and seventy-three links to the place of beginning
containing ten acres
strict measure _ Of which said order you made return with an endorsement
thereon signed by the
said John Satterthwaite,
Noah Haines and Thomas Clayton in substance as follows
to wit: In
obedience to the within order we the subscribers after being duly qualified
proceeded to survey and view the
within described premises, and after setting off and assigning to Susannah
Blackford widow of John
Blackford deceased the ancestor of the within named heirs her
dower in said premises a plat of which
assignment of dower is hereunto attached _ We are of opinion that the
remainder of the premises in the
the (sic) within order mentioned cannot be divided among the heirs according
to the demand of the within
writ without prejudice to or spoiling the whole, We are also of opinion
that the dower of the widows
of Allen Blackford
dec’d and Levi Blackford dec’d cannot be
set off and assigned to them spe=
cifically in the premises. We therefore appraise said premises at eleven
dollars and fifty cents per
acre, the part assigned as dower included, and also the reversionary interest
of the heirs after the
termination of the dower estate of said Susannah Blackford dec’d
and we set off to Mary
Blackford widow of Allen
Blackford dec’d and to the widow of Levi Blackford
dec’d to each the
interest of one third of one twelfth part of the money for which said
land may be sold during
the period of their natural lives _ Whereupon said Court after reading
said return, did order, adjudge
and decree that said lands above particularly described, be exposed to
sale according to the statute
in such case made and provided the same to sell for not less than two
thirds of the appraised
value, one third of the purchase money to be paid in hand one third in
one , and the ballance (sic) in
two years from the day of sale, the deferred payments to bear interest
from day of sale and to
be secured by mortgage on the premises _ Therefore you are hereby commanded
to expose to sale
the above described real estate agreeably to the requisitions of the aforesaid
order of said Court &
of your proceedings hereon, make return to our said Court at Lebanon on
the second Monday of
April next, and have you then there this order _ Witness the honorable
Joshua Collett President
Judge of our said Court for the seventh circuit at Lebanon this 3rd day
of January A.D. 1829
P. K. Wilds Clk _ Before which said second Monday of
April the plea aforesaid was changed
continued and adjourned by an Act of the General Assembly of the State
of Ohio until the
third Monday of the same Month. And now at this day to wit: the third
Monday of April
being the twentieth day of the same Month, in the year of our Lord one
thousand eight hun=
dred and twenty nine; comes into Court here the said petitioner, by his
counsel A.H. Dunlevy
Esquire _ And the Sheriff of Warren county to wit: Joseph
Whitehill Esq. to whom the last
above recited order was in form aforesaid directed, makes return thereof
to the Court here thus
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April Term 1829
recorded to wit= In obedience to the command of this writ after giving
due and legal notice of the
time and place of sale by advertisement in the Western Star a News Paper
printed weekly in Lebanon
and also by written adverisement placed and put up at the following places,
one on the door of the
Court house, one at the House of William Harrison in
Franklin, one at the house of Goldsmith
Chandler in Springborough, one at the house of Joshua
Ward in Waynesville, and one at David Brown’s
Mill on the Little Miami River for twenty days and upwards prior to the
17th day of February A.D. 1829
at the Court house in Lebanon by way of Public outcry, I exposed the within
^ described premises to sale and there of
then sold the same to Jarvis Stokes for $11.81 1/4 cents
per acre being more than the appraised value
and no person bidding more the same was openly and publickly (sic) cried
struck off and sold to the
said Stokes at his bid aforesaid, therefore if the Court approve of the
foregoing proceedings and order me to
convey the premises so as aforesaid sold there will be made on this order
$2952.12 1/2 cents including
my fee which deducted leaves ready to render $2889.56 cents agreeable
to the terms of sale in this
order _ April the 20th 1829 _ J.
Whitehill Shff _ And thereupon, the Court after having care=
fully examined the proceeding of the Sheriff aforesaid are satisfied that
the sale has been regularly
and legally made, they therefore order said Sheriff to execute a deed
to Jarvis Stokes the purchaser
of said premises _ The Court also direct their Decree to be entered in
the premises aforesaid in the
words and of the tenor following to wit: _ War. Com. Pleas. April term
1829 _ Francis Lucas
Guardian &c._ Petitioner for partition of the lands of John
Blackford late of War. County dec’d _ In
the above cause, the Court having examined the proceedings of the Sheriff
on the order for the sale of
the premises in the petition mentioned, made at the last term of this
Court, find that they have been in
conformity with the statute and therefore confirm the sale by him made
to Jarvis Stokes, the purchaser for
$11.81 ¼ per acre and order a conveyance accordingly, and the Court
further order and direct that
the deferred payments be secured by mortgage on the premises made to Henry
King trustee for and in
behalf of said heirs, conditioned upon the payment of nine hundred eighty
four and 37/100 Dollars on the
17th day of February 1830; and for the further payment of nine hundred
eighty four and 37/100 Dollars
on the 17th day of February 1831 with legal interest from the 17th day
of February 1829 until paid
which said instalments together with the one third paid down shall be
paid into the hands of the Clerk
of the Court, and divided among the several heirs as follows _ To Moses
Trimbly and Elizabeth his wife one
twelfth, To Jacob Jennings and Oseo his wife one twelfth,
to Aaron Trimbly and Phebe his ^ wife one twelfth, to
John H Blackford, one twelfth, to Catharine Blackford
one twelfth, and to Mahlon Blackford one twelfth
To the heirs of David Blackford a deceased son of the
intestate one twelfth, to be equally divided among his
children being minors _ Nelson Blackford, Sarah Blackford and
Emily Blackford. To the children and heirs of Polly
Smally late Blackford a deceased daughter of the intestate, one
twelfth to be equally divided among her heirs
John B Smally, Sally Smally, Hannah Smally, Samuel Smally, Rachel
Smally, and Mary Ann Smally
_ To the children and heirs of Levi Blackford a deceased
son of the intestate, one twelfth to be equally divided
among his children, Lucretia, Eveline, and Susan Blackford,
But one third of the portion of the said Levi
Blackford, or of his heirs, the Court order to be retained in
the hands of the said Jarvis Stokes until the
dower right of their Mother Mary Blackford is either
purchased in or otherwise becomes extinguished and that
the legal interest thereon be annually paid by the said Jarvis
Stokes the purchaser to said Mary Bla=
ckford widow of Levi Blackford for her dower
right in the portion of her deceased husband, and when
the same is extinguished by her death or release, then the said third
part of this twelfth to be paid over
to her children as aforesaid. To the children of Allen
Blackford dec’d one twelfth to be equally divided
among his children, Maria Jane, John, Susan, Seneca, Merritt,
Allen, Elmira and Nancy re=
taining however as in the case of the before mentioned portion, one third
of the same in the hands of the
said Jarvis Stokes, to satisfy the dower right of Nancy
Blackford widow of said Allen, the interest
to be annually paid to her as in the former case, and secured by said
mortgage until the dower
is extinguished by release or otherwise, then the whole to be divided
among the aforesaid children of
Allen Blackford in
equal portions _ And in both cases of dower the money thus retained is
to be out
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April Term 1829
of the last instalment _ To Joseph Keenan assigned of
William Brown and Lucinda his wife
late Blackford, one twelfth, and to the same assigned of Simeon
Blackford the remaining or last
share or twelfth part. And the Court further order that an equal portion
of the costs of this
petition be paid by each of the heirs of the said John Blackford
dec’d __ Wyllys Pierson
A.J.
And thereupon, Joseph
Whitehill Esquire Sheriff of Warren County aforesaid, in his
own person in open Court here acknowledges a deed conveying the premises
sold by notice of the
aforegoing petition, to be his voluntary act and deed for the uses and
purposed therein expressed _
Costs
Taxed $103.11
George
P Smith Pres’d Judge
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