Transcription submitted 8 June 2003 by Debra
(Patterson) Clark
who is a descendant of "Shaker" John Patterson and his son John Jr.
and his son John Milo Patterson
The following was transcribed from Bk E-1, pg. 196, Montgomery Co., Common Pleas Chancery Court record.
September Term 1837
Proceeding in Chancery before the court of Common Pleas within and for the
county of Montgomery and State of Ohio on the sixth day of October Anas Domini
one thousand eight hundred and thirty seven in a certain cause wherein.
Nathan Sharp, Lewis Valentine, Henry Valentine, and Ithamar Johnson Petitioners
vs.
George Patterson & Others Defendants
Be it remembered that on the sixth day of September Anas Domini one thousand
eight hundred and thirty two the said complainants filed in the Clerk's office
of said court of Common Pleas, their petition in Chancery, closed in the words
and figures following to wit:
To the Honorable George B. Holt, President Judge of the First Judicial circuit
of Ohio, and his associates for the county of Montgomery in Chancery sitting
at September Term eighteen hundred and thirty two.
Humbly complaining showeth unto your Honor your orators Nathan Sharp, Lewis
Valentine, Henry Valentine and Ithamar Johnson would represent that John Patterson
and Phoebe his wife on the 27th day of August eighteen hundred and eleven conveyed
all that tract or parcel of land known by its description in the survey on General
Land Offices of the United States, as the south East quarter of Section numbers
fourteen in the second Township and seventh in the Range between the Miami rivers
containing one hundred and fifty nine acres and 44/100 of an acre lying in the
county of Montgomery and state of Ohio to John Huston and Amos Valentine and
which deed is hereto annexed marked "A", and which your orators pray
may be taken as a part of the complaint and your orators would also represent
that John Huston and Amos Valentine (the Grantees in the first above deeds referred
to) on the twenty second day of July eighteen hundred and thirteen conveyed
in fee the above described land to Peter Pease, John Wallace, and Nathan Sharp,
Deacons or Trustees of the church or community of Believers (otherwise called
Shakers) at Union village in the township of Turtle creek in the county of Warren
and state of Ohio, for and in consideration of the sum of nine hundred and fifty
six dollars and which, your orators refer as part of their complaint. And your
orators would further, also represent that George Patterson, the heir at Law
of John Patterson the grantor to Huston and Valentine instituted an action of
Ejectment in the court of Common Pleas for Montgomery, Ohio, in the name of
John Doe on the demise of George Patterson against Richard Roe defendant, to
which declaration in ejectment the said Pease, Wallace and Sharp were made defendants
in the place of the said Roe and who entered into the common consent rule. And
your orators would also state that said action of ejectment was finally heard
and decided by the Supreme court in Bank at Columbus during the December Term
eighteen hundred and thirty one, that said court in Bank found the Law arising
upon the facts agreed upon between the participants in said action of ejectment
was with the plaintiff and further found the said defendants guilty of the trespass
and ejectment hereof the said plaintiff had complained against them. And assess
the damages of the plaintiff by him thereof sustained at six cents and as well
more fully appear by reference to certificates of the Clerk of said court in
Bank, hereto subjoined marked "C" And your orators further represent,
that on the final argument and hearing on said action of ejectment by said court
in Bank, the only legal defect in the title of the defendants by them offered
in evidence was that want of another witness to the deed from John Patterson
and wife to Huston and Valentine, that deed being witnessed by Benjamin Van
Cleve only, and not otherwise witnessed or attended. And your orators further
state, that they have long since paid the said, John Patterson or his heirs
at Law the first and entire consideration which was to be paid for said premises
in the declaration in ejectment mentioned. And your orators would state that
the said John Patterson and Phoebe his wife are dead, and that George Patterson
the said plaintiff in ejectment, who resides in the state of Illinois, Samuel
Patterson who resides in Miami county, Ohio, William Patterson who resides in
Montgomery county, Ohio, Eunice Patterson who resides in Warren county, Ohio;
Jane Patterson the wife of James Patterson, deceased, who was the son of the
said John Patterson Peggy Patterson and James A. Patterson, who are children
of said James deceased, and heirs of said John who resided in Montgomery county,
Ohio and John Patterson, child of said James deceased and heir of said John
of Hamilton county, Ohio, and of James Patterson, deceased, who was the son
of said John Patterson; Peggy Patterson and James A . Patterson, who are children
of said James deceased, and heirs of said John who resided in Montgomery county,
Ohio; and John Patterson, child of James, deceased, and heir of said John of
Hamilton county, Molly Irene Patterson, also a child of said James, and heir
of said John Patterson of the state of Illinois. And Phoebe Stuart, daughter
of Peggy and heir of said John of Warren county, Ohio,. And Adam McPherson and
Phoebe his wife, children of Archibald Steele and Polly his wife, late Polly
Patterson and John P. Steele, child of the same & heirs of said John Patterson
of Clark county, Ohio, and James W. Steele of Union county, Ohio, and Joseph
S. Steele of Indiana; children of the said Archibald and Polly, and heirs of
said John Patterson. And that John Patterson Jur. deceased, son of John Patterson,
the said grantor left the following children and heirs of said John Patterson
his father, to wit: Glasgow and Julia Ann His wife, late Julia Patterson, William
Kelly and Jane his wife, late Jane Patterson, David S. Patterson, William S.
Patterson, George W. Patterson, James H. Patterson, of lawful age and John Patterson,
Susannah Patterson, Martha Patterson, and Mary Patterson, minors, under age,
and all of whom reside in the state of Indiana, and Culbertson Patterson of
Montgomery county, are heirs at law of him the said John Patterson and Phoebe
his wife, the original grantors to Huston and Valentine and all of whom your
orators pray may be made defendants to this file of complaint. And your orators
would further charge that the said action of ejectment is remanded to the court
of Common Pleas for execution, and that the costs in said action of ejectment
is $38.06. And your orators would further show to your honors, that the vouchers
herewith accompanied marked CDEET &G are expayment to the term of the original
contact between the said grantor & and Huston and Valentine, to which said
exhibits your orators refer and pray that they may betaken as part of the bill
of complaint. Your orators would further show that the whole of the purchase
money for said tract of land has been paid thus by said Huston & Valentine,
as they have been informed and verily believe and that the vouchers and payments
herein above referred to together with a certain sum in hand paid to said John
Patterson, at the date of his deed above referred to marked "A" make
up the consideration mentioned in said deed. Said tract of land lies in Montgomery
county, Ohio, and is occupied at this time by a society or community called
commonly Shakers, by whose rules established and long adhered to, the real estate
and personal, owned and occupied by them is vested in certain individuals denominated
Deacons or Trustees, who preform all the duties of buying, selling the necessary
to a prudent management of the temporal concerns of said society. That the legal
title to said tract of land is now vested in your orators Nathan Sharp and Lewis
Valentine, who, as to said property, are the acting Deacons or Trustee for said
society, by deeds, duly executed, which they are ready at any time to exhibit
to this honorable court. Your orators would further show that the said George
Patterson is the only one of the children of said John Patterson deceased, who
claims any portions of said tract of land, so far as they know or believe, &
that he is only entitled (if at all) to one ninth part of the same as heir at
law of his said father. But your orators expressly charge that inequity he is
not entitled to anything whatever, either in land or money arising out of the
sale aforesaid made by his father. But now so it is, may it please your honors,
the said George Patterson confederating with others at present unknown to your
orators (but whom when discovered they pray may be made defendants hereto) have
to defraud and injure your orators, and those whose interest they represent,
as your orators are informed and believe is about to issue a wit of habeas fascias
possessionem to obtain possession of said land. All of which is contrary to
equity and good conscience and tends manifestly to the injury of your orators.
In tender consideration whereof and inasmuch as your orators are toes are nomediless
at law and can only be relieved in the premises by the equitable interference
of this honorable court. To the end therefore that said defendants may each
under his or hers corporal oath, fulfill and perfect envies make to all the
allegations of the bill & that your honors the premises being considered,
would and decree that the defendants, heirs at law of said John Patterson deceased
shall by deed duly executed convey said premises to your orators, Deacons or
Trustee of said Society, according to the rules of said society as set forth
herein and that your honors would grant your most gracious wit of Injunction
to stay all further proceedings in said action of ejectment until the final
hearing of this cause and your wit of Subpoena and such other and further relief
as may be decerned equitable and just- And is in duty bound they ever will be.
Corvin & Lowe Sol. pro Queans Nathan Sharp
The state of Ohio
Montgomery county} SS. Personally appeared before me the undersigned clerk of
the court of Common Pleas for the county aforesaid, Nathan Sharp, who being
duly sworn saith that the facts contained and set forth in the aforesaid bill
so far as they are stated and set forth from the personal knowledge of this
deponent are true; and that so far as they are stated as depending upon the
information of others he believes them to be true- and further saith not.Subscribed
and sworn to..
in open Court E. R. Greene Clk} Nathan Sharp Endorsed
Injunction allowed on Complainant giving bonds to respond in damages in $500
with honesty.
Exb 2A This Indenture made the twenty seventh day of August in the year of Lord
one thousand and eight hundred and eleven between John Patterson and Phoebe
Patterson his wife of Montgomery county of the state of Ohio of the one part
and John Huston and Amos Valentine of the other part witnesseth, That the said
John Patterson for and in consideration of the sum of nine hundred and fifty
six dollars and fifty cents lawful money of the United States to them in hand
well and truly paid by the said John Huston and Amos Valentine the receipt whereof
is hereby acknowledged have granted, bargained, sell, conveyed and confirmed
and by these presents do grant, bargain sell, convey and confirm unto the said
John Huston and Amos Valentine and their heirs and assignees forever, All that
tract or parcel of land known by its description on the surveyor General's and
Land offices of the United States at the South East quarter of Section fourteen
in the second township & seventh entire Range between the Miami rivers,
containing agreeably to there turns in the Surveyor General's office one hundred
and fifty nine acres and forty four hundrethths lying within the county of Montgomery
aforesaid And all the estate right, title, interest, claim and demand of them
the said John Patterson and Phoebe Patterson of in and to the said premises
hereby granted, and every part thereof together withal and singular the rights,
members, privileges and appearances to the same belonging or in any wise appertaining
and the rents issues and profits thereof to have and to hold the said quarter
section hereby bargained and sold or meant or intended so to be with the appearance
tenancies to the only proper use and behoof of the said John Huston and Amos
Valentine and their heirs and assigns forever. And the said John Patterson and
Phoebe Patterson for themselves and their heirs, executors and administrators
do convert, grant and agree to and with the said John Huston and Amos Valentine
and their heirs, executors and administrators and assigns, that they are the
true and lawful owners of the premises hereby granted, and have good rightful
power and authority to sell and convey the same in manner and form aforesaid:
And further, that they, the said John Patterson and Phoebe Patterson and their
heirs executors & administrators will warrant and forever defend the aforesaid
promises with their appartenances and every part and parcel thereof unto the
said John Huston and Amos Valentine and their heirs and assigns against all
person claiming onto claim by from or under them or any of them or by , from
or under any other person or persons whatsoever. In witness whereof the said
John Patterson and Phoebe Patterson have hereunto set their hands & seals
the day and year first above written.
Seated and delivered in John Patterson seal
his
presence of B. Van Cleve} Phoebe X Patterson seal
mark
The state of Ohio
Montgomery county} SS. Before me Christopher Curtonier one of the Justices assigned
to keep the peace for and within the county aforesaid came John Patterson and
Phoebe his wife and (the said Phoebe being examined separately, secretly and
apart from her husband, and declaring herself under no coercion or compulsion)
did acknowledge the above instrument to be their voluntary act and deed for
the uses and purposes therein contained. Given under my hand and seal the twenty
seventy day of August one thousand eight hundred and eleven. Christopher Curtnes
J.P.
Endorsed. Entered for record Aug 27th 1811. Recorded 3 Jan 1812 in Book B-1
pages 434 and 435 David Reid R. M. County Endorsed I admit the signatures of
Benjamin Van Cleve within to be genuine
II Tenn Atty for Pattersons
To be admitted in evidence on the hearing July 19, 1836 H. Stoddard for Patterson
Exhibit "B" This Indenture made this twenty second day of July in
the year of our Lord (Exb.2 B.) eighteen hundred and thirteen between John Huston
of the county of Montgomery and state of Ohio. Amos Valentine of the county
of Warren and state aforesaid of the one part, and Peter Pease, John Wallace
and Nathan Sharp, Deacons or Trustees of the church or community of Believers
(otherwise called Shakers) at Union Village in the township of Turtle creek,
county and state aforesaid of the other part witnesseth, that the said John
Houston and Amos Valentine, for and in consideration of the sum of nine hundred
and fifty six dollars to them in hand paid, the receipt whereof they do hereby
acknowledge and forever acquit and discharge the said Peter Pease, John Wallace
and Nathan Sharp and their successors, hath granted bargained sold aligned and
confirmed, and by these presents doth grant bargain sell alien and confirm unto
the said Peter Pease, John Wallace and Nathan Sharp, Deacons or agents acting
for and in behalf of the church aforesaid and their successors forever, all
that tract or parcel of land lying and being in the county of Montgomery aforesaid
being the South East quarter of section fourteen in the second Township and
seventh entire Range between the Miami Rivers containing one hundred and fifty
nine acres and forty four hundredths to have and to hold the said Peter Pease,
John Wallace and Nathan Sharp and their successors an assigns forever to the
only proper use and behoof of the said church or community and to be and remain
inviolably in the possession and at the disposal of the deacon ship of said
church and their assigns in a line of successions forever according to the covenant
of said church bearing date, January fourteenth one thousand eight hundred and
twelve. And the said John Houston and Amos Vallentine their heirs, executors
and administrators doth covenant, promise and agree to and with the said Pater
Pease, John Wallace and Nathan Sharp and their successors and aforesaid by these
presents, that the premises before mentioned now and forever hereafter shall
remain free of and from all former and all other gifts, grants, bargains, sales,
dowers, titles, troubles and encumbrances whatever done or suffered to be done
by them the said John Houston and Amos Valantine, and the said John Houston
and Amos Valentine and the said John Houston and Amos Valentine and their heirs,
all and singulars with the premises hereby bargained and sold, with the appartentances
unto the said Peter Pease, John Wallace and Nathan Sharp and their successors
in office and assigns against them the said John Houston and Amos Valantine
and their heirs, and all and every other person or persons whatsoever doth and
will warrant and forever deferred by these presents. In witness whereof the
said John Houston and Amos Vallantine have hereunto set their hands and seals
this day and year first above written. John Huston Seal
In presence of Geo. Grove Amos Vallantine Seal
John Folkerth
The State of Ohio
Montgomery county} SS. Before me John Forkerth a Justice of the peace within
and for the county aforesaid personally came John Huston and Amos Vallantine
the within named Grantors, and acknowledged that within instrument of writing
to be their voluntary act and deed for the uses and purposes therein contained.
Witness my hand and seal this twenty second day of July in the year of our Lord
one thousand eight hundred and thirteen.
Received July 22nd, 1813 Endorsed
Recorded July 30th 1813 in book C pages 153 and 154
Joseph H. Cranes R. M. C.
Exhibit "C" May 9th 1816 rec.d of Nathan Sharp seventy dollars in
full of the estate of my father John Patterson wherewith I am content as witness
in hand, Wm. Patterson for Samuel Patterson
Exhibit "D" Watervliet Dayton township, Montgomery county, Ohio State.
November 27th 1817. Received this day at the hand of Peter Pease a trustee for
the people commonly called Shakers;
One bay horse @ $100.00
one bay horse with a blaze in his face @ 90.00
one Brindle cow with a white face and belly @ 20.00
one red cow @ 20.00
one two year old horse or gelding @ 70.00
________ $300.00
The above property being the full amount of my share on legacy of my father
John Patterson's estate delivered to me to my full satisfaction. Test. James
Patterson Culbterson Patterson
I certify that I received of the estate of my father John Patterson now deceased
by the hands of Amos Valentine and John Huston one hundred and sixty five dollars
the full amount that my said father John devised to me on the sales of his farm
in Montgomery county, Ohio, to the said Amos and John which I believe to my
equal dividend of said estate and with which I am fully satisfied. Witness my
hand this 19th day of July 1828.
Attes; Archibald Ferbrike, Eunice Patterson
Watervliet August 16th 1815. This day received of the estate of John Patterson
by the hand of John Wallace one hundred dollars. Witness my hand Samuel Patterson
Oct. 26th 1814. Rec.d of my father John Patterson by the hand of Nathan Sharp
thirty dollars as a part of the estate of my said father. Witness my hand. Samuel
Patterson.
And afterwards to wit, at the Term of September Anas Domini one thousand eight
hundred and thirty two, It appearing to the satisfaction of the court that George
Patterson and Molly Irene Patterson two of the above defendants, reside in the
state of Illinois and that Joseph S. Steele, Mr.Glassgow & Juia Ann his
wife late Julia Ann Patterson, David S. Patterson, William S. Patterson, William
Kelly and Jane his wife, late Jane Patterson, George W. Patterson, John Patterson,
Susannah Patterson, Martha Patterson and Mary Patterson, other defendants in
the above cause, reside in the state of Indiana, the Court therefor order, that
notice of the pendency of the petition, containing a summary statement of the
object and prayer thereof be published six consecutive weeks in the Dayton Journal
and advertiser, a newspaper printed at Dayton in the county of Montgomery and
the Court do further order that subpoenas in Chancery issue against the other
defendants named in said bill residing in the state of Ohio, returnable to the
next Term of this Court.
And thereupon this cause is continued until the first term of the year eighteen
hundred thirty three.
SUBPOENA In pursuance whereof subpoenas were issued on the ninth day of November
eighteen hundred and thirty two closed in the words and figures following.:
The State of Ohio, Montgomery county ss. To the Sheriff of Hamilton county Greetings:
We command you to summon John Patterson if in your bailiwick to appear before
the Judge of our county of Common Plea, at the court house in Dayton, on the
first day of next Term (First Term 1833) to answer a bill in Chancery exhibited
against him (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson
in this he is not to fail under the penalty of one thousand dollars. And have
then there this writ. Witness the Honorable George B. Holt Esq. President of
our said Court at Dayton this 9th day of November A.D.
C.R. Greene Clk.
RETURN Not found in my county. 08 Dec. 1832 E. Hulsa Sh. H. Mc Dougal Dpy.
The state of Ohio, Montgomery county ss. To the Sheriff of Warren County, Greeting.
We command you to summon Eunice Patterson and Phoebe
Stuart if they may be found in your bailiwick, to appear before the Judges of
our Court of Common Pleas at the court house in Dayton on the first day of next
Term (First Term 1833) to answer a bill in Chancery exhibited against them (and
others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this they are
not to fail under the penalty of one thousand dollars. And have you then there
this writ. Witness the Honorable George G. Holt Esq. President of our said Court
at Dayton this ninth day of November A.D. 1832 C. R. Greene Clk.
RETURN 1832 Dec. 22nd. I served the within writ by delivering a copy there of
to each of the within named defendants, Eunice Patterson & Phoebe Stuart.
John M. Huston Sheriff Warren Co.
The state of Ohio, Montgomery county ss: To the Sheriff of Miami county, Greeting:
command you to summon Samuel Patterson if he may be found in your bailiwick,
to appear before the Judges of our Court of Common Pleas at the court house
in Dayton on the first day of next Term (First Term 1833) to answer a bill in
Chancery exhibited against him (and others) by Nathan Sharp, Lewis Valentine
and Ithamar Johnson. In this he is not to fail under the penalty of one thousand
dollars. And have you then thence this writ. Witness the Honorable George B.
Holt Esq. President of our said Court at Dayton this ninth day of November A.D.
1832 C. R. Greene Clk.
RETURN February 26, 1833. This writ was served by reading. John Phidales Shff
Miami C.
The State of Ohio, Montgomery county ss. To the Sheriff of Montgomery county
Greetings: We command you to summons William Patterson, Culbertson Patterson,
Jane Patterson (Widow of James Patterson dec.d) Peggy Patterson and James M.
Patterson, If in your bailiwick to appear before the Judges of our Court of
Common Pleas at Dayton Court House on the first day of next Term (First Term
1833) to answer a bill in Chancery exhibited against them (and others) by Nathan
Sharp, Lewis Valentine and Ithamar Johnson. In this he is not to fail under
the penalty of one thousand dollars. And have you then thence this writ. Witness
the Honorable George B. Holt Esq. President of our said Court at Dayton this
ninth day of November A.D. 1832
Endorsed Injunction allowed and bond given in the sum of $500.
Chas R. Greene Clk.
9th November 1832. James Brown Shff.
The State of Ohio, Montgomery county ss: To the Sheriff of Union County Greeting:
We command you to summon James M. Steele if he may be found in your bailiwick
to appear before the Judges of our Court of Common Pleas at Dayton Court House
on the first day of next Term (First Term 1833) to answer a bill in Chancery
exhibited against him (and others) by Nathan Sharp, Lewis Valentine and Ithamar
Johnson. In this he is not to fail under the penalty of one thousand dollars.
And have you then thence this writ. Witness the Honorable George B. Holt Esq.
President of our said Court at Dayton this ninth day of November A.D. 1832 S.S.
C.R. Geeene Clk.
Endorsed. Served Nov. 27, by reading Calvin Ningst shff. U. C.
The State of Ohio, Montgomery county ss: To the Sheriff of Clark county Greeting:
We command you to summon Adam McPherson and Phoebe MacPherson his wife late
Phoebe Steele, and John P. Steele if they may be found in your bailiwick to
appear before the Judges of our Court of Common Pleas at Dayton Court House
on the first day of next Term (First Term 1833) to answer a bill in Chancery
exhibited against them (and others) by Nathan Sharp, Lewis Valentine and Ithamar
Johnson. In this he is not to fail under the penalty of one thousand dollars.
And have you then there this writ. Witness the Honorable George B. Holt Esq.
President of our said Court at Dayton this ninth day of November A.D. 1832 C.R.
Geeene Clk
Endorsed. Springfield Clark county. Sheriff's office rec.d this out of post
office Jany. 4th 1833 served this on A. McPherson and John P. Steele by reading
each of them a copy of this writ and on Phoebe McPherson late P. Steele by leaving
a copy at her residence in the same day. Wm. Berry Shff. C.C.
And afterwards to wit, at the first term being March Term First T. 1833 Anas
Domini one thousand and eight hundred and thirty three. Notice of the pendency
of this petition & according to the order of this court at their last Term
was proved; and it was ruled that defendants file their answer. Whereupon
CONTINUED This cause was continued until the next May Term. And afterwards to
wit, in the next term of May 1833 in the year of our Lord one thousand eight
hundred and thirty three.
CONTINUED Sept T 1833 This cause was continued until next September Term.
And afterwards, to wit in the Terms of September eighteen hundred and thirty
three Henry Stoddard appeared in court and entered an appearance for James H.
Patterson a defendant and rule for answer ordered whereupon.
CONTINUED This cause was continued until the First Term of the year one thousand
eight hundred and thirty four.
And afterwards, to wit on the twentieth of March eighteen hundred and thirty
four Culbertson Patterson, Samuel R. Patterson and William Patterson filed their
answer closed in the words and figures following to wit: The joint and several
answers of Culbertson Patterson, Samuel R. Patterson and William Patterson,
three of the defendants to the bill of complaint of Nathan Sharp, Lewis Valentine
and Ithamar Johnson- These defendants saving and reserving to themselves and
each of them, all and all manner of benefit and advantage of exception to the
many old errors, uncertainties, misstatements and imperfect in said plaintiff's
bill of complaint contained for answer thereto the severally answering, say--
that they admit the execution by said John Patterson and Phoebe his wife to
John Huston and Amos Valentine of the South East quarters of Section 14 in township
2 and range 7 between the Miami rivers and that it was executed at the time
mentioned in said bill, viz on the 27th of August 1811-- These defendants also
admit the conveyance of the same land from said Huston and Valentine to Peter
Pease, John Wallace and Nathaniel Sharp, Deacons or Trustees of the community
of Believers, otherwise called Shakers as stated in said bill. These defendants
also admit that George Patterson instituted an ejection against said Pease,
Wallace and Sharp for the recovery of said land and persecuted the same to final
decisions as stated in said bill, but these defendants do not admit that the
only ground of said decision was the of subscribing witness to the writing marked.
"A" as stated by complainant in said bill, but they say there were
other good reasons as they believe for said decisions-- These defendants deny
the allegation in said bill that said complainant have long since paid the said
John Patterson, or his heirs at law the full and entire consideration which
was to be paid for said premises. And further deny that said premises, to either
said John Patterson or his heirs at law(except as herein after stated). These
defendants say that said land was worth at the time when said Huston and Valentine
entered into possession of the premises, viz, in the month of August 1811 in
their estimation and according to their judgment and belief, ten dollars an
acre or sixteen hundred for the whole of said quarter section.-- These defendants
further say that about the same time viz the month and year last aforesaid,
said Huston and Valentine as Deacons or Trustees as aforesaid came into possession
of the personal property of their father said John Patterson consisting in part
of the following articles, which were severally worth in the estimation and
according to their judgment and belief the prices annexed to them respectively:
one Sorrell horse worth $ $45.00
one bay horse colt $60.00one brown mare $75.00 Roan mare $55.00 $130.00
5 Cows $60.00
6 head of young cattle $30.00
20 head of sheep $30.00
20 hogs worth $50.00
One four horse wagon and harness $120.00
One log chain $4.- one plough $7(large) $11.00
One small plough $4- 1 pr stretchers $2. $6.00
Five beds, bedsteads and bedding $125.00. 1 bureau $15.00 $140.00
1 falling leaf table $7- 1 desk $10- 1 large table $4. $21.00
Loom & weaving apparatus $20- 1 large chest $5-1 cupboard $18- $44.00
1 silver watch $20- 1 rifle gun $16- 2 spinning wheels $6 $42.00
1 large wheel $3- 4 large kettles $16- Bridle 6-4 (15. $23.00
1 woman saddle $18- 1 real $2- 1 man's saddle 10-$8 $30.00
One Harrow (Plow) $4- 1 Family Bible $5.00 a quantity of grain and hay $100.00
$109.00
_____
Amounting in all to one thousand and eleven dollars $1,011.00
That the real and personal property of said John Patterson their father of which
said Deacons, trustee or Elders possessed themselves for said community, was
worth at least two thousand and six hundred and eleven dollars. And defendants
say that no part of the value of said property that nothing whatever was paid
to their said father to their knowledge or belief that paid community through
their leaders or trustee possessed themselves of said real and personal estate
entirely without consideration. Defendants further say that about the same period
last referred to, their father said John Patterson held a money bonds against
Daniel Moore of Kentuckey for the sum of six hundred dollars which also went
into the hands of said Trustees or Deacons: and defendants say that they have
good reason to believe from information and they do verily believe, that said
bond was good and collectable in relation to payments alleged to have been made
for said land defendants say that nothing was paid to said John Patterson to
their knowledge or belief at the time of said sale and said supposed conveyance,
nor at any other time during his life, and as to payment having been made to
his heirs these defendants say also that they have no knowledge of any payment
being made on account of said and to said heirs or any of them, nor do they
believe that any such payments ever was made. As to the receipts which complainants
exhibit, the defendants way as follows: Said Culbertson for himself says, he
was a member of the said community, that he labored faithfully for the said
Community from the years 1811 until the year 1832; that while living with the
Shakers under the rule of their Trustees or Elders a forehand sometime about
the month of November 1827 Peter Peas one of said Trustee requested this defendant
to sign a receipt for three hundred dollars purporting to be a receipt for three
horses and two cows estimated at 300 dollars that he said defendant being accustomed
to comply with their will as with the law signed the receipt which was prepared
and presented to him by said Pease, the same that is referred to in said bill
and marked "D". But the horses and cows mentioned in said receipt
never were in good faith delivered to him but were kept and retained by said
Trustee as a part of the common stock off said community. Defendant further
says that a part of the property mentioned in said receipt marked "D"
as a bay horse with a blaze in his face put down in said receipt at $90- Defendants
Culbertson says further for himself that he that he knows that the Shakers aforesaid
by their said Trustees obtained all the property herein before mentioned of
his father said John Patterson, that at the time they possessed themselves of
said real and personal property he lived with them and was abut 14 years of
age, that during all the time of his residence among them from 1811 up to 1832,
he never knew or heard of any payment being made to said John Patterson, or
to any of his heirs for said property or for any thing else except or payments
made to his brother Samuel of $200 dollars, nor does he believe that anything
else has been paid in good faith. As to the receipt of the said Eunice referred
to in said bill and marked "E" These defendants all say, that it was
obtained of her since the commencement of the action of ejectment as its date
shows, and they varily believe it was obtained without consideration, they have
no knowledge, nor do they believe that Trustees paid her one dollar, but on
the contrary may have good reason to believe that they paid her nothing. As
to the payment made to Samuel Patterson the only other heir to whom payment
is alleged to have been made, said Samuel for himself answering-- says that
when he arrived at the age of twenty one years his father said John Patterson
promised to give him two hundred dollars to buy land with and he admits having
received that amount from his father before his death for that purpose, but
denies that he received it as a payment from said Trustees or Elders for said
real and personal property, and denies having received it according to the proposal
of three referred to in said bill marked C.F.&G. He denies the correctness
of said receipts and says that they are entirely erroneous, he denies that he
himself or that any one by his authority ever receipted to said Trustees or
to any other person for his share of his father's estate that it was not the
understanding between himself and father that 200 dollars were to be considered
as his portion. He says that when he arrived of age he told his father that
he would go and do for himself, and his father replied, that he was his own
man now, and could do as he pleased, that he would rather he would not go, but
if he did go as he had given the other boys a piece of land he would give him
a piece to be equal with them, and finally said he might as well give him the
money and let him buy the land himself. And this defendant further says, that
he afterwards received a part of the money from the hand of his father. These
defendants further answering repeat that the said community through their officers
aforesaid, have possessed themselves of the real and personal estate of their
father as aforesaid together with the bond aforesaid and many years of hard
labors of these defendants for all which they have paid nothing at all as these
defendants believe unless the $200 dollars which said Samuel received from his
father should be considered as coming from said community of which his father
was a member. and these defendants further say that their father as they believe
had money in his own possession which never came to the hands of said community
but to what amount they do not know.- These defendants admit that said land
lies in Montgomery county, but they do not admit that the legal title is in
Nathan Sharp and Lewis Valentine as stated in said bill; but they believed that
said Pease died and that said Wallace absconded without transferring their title
to said land to any person. These defendants also deny that said George Patterson
is the only one of the children of said John Patterson who claims any portion
of said and say they believe that all the children of said deceased concur in
said claim except said Eunice who is still a member of said community. Defendants
admit that the persons named in said bill as the heirs at law of said John Patterson
are truly named.
Ira I Tenn Attorney for Defendants
The state of Ohio, Montgomery county ss. Culbertson Patterson, Samuel Patterson,
and William Patterson being sworn separately say that the matters and things
set forth in the forgoing answer, so as stated to be within their own knowledge
are true. And so far as stated to be derived from information or as of their
belief they believe them to be true- and the matters and things which are therein
set forth as of the knowledge or belief of them severally each for himself says
that they are true. C. Patterson
Subscribed and sworn to the 19th day } Wm Patterson
of March 1834 before me- Wm Sawyer } Samuel Patterson
Justice of the peace within aforesaid county.}
Said complainants by their attorney admit the value of the personal property
mentioned in the foregoing answer to be one thousand and eleven dollars as therein
stated.
CONTINUED And afterwards to wit, at the First Term, being March Term Anas Domini
one thousand eight hundred and thirty for this cause was continued until the
next July Term.
And afterwards to wit on the fifteenth day of May eighteen hundred and thirty
four the complaints by their attorney filed Exceptions to the foregoing answer,
closed in the words and figures.
EXCEPTIONS following viz: Nathan Sharp & others {Exceptions to the joint
and
{several answers of Culbertson,
Culbertson Patterson & Others {William & Samuel Patterson
The said complainants by their counsel Corvin & Lowe come into court here
and except to the answers of Culbertson Patterson, William Patterson, and Samuel
Patterson filed on the Chancery side of the court of Common Pleas for the following
reasons, to wit: 1st Because the defendants who set up a claim against the grantors
of their complaints for personal property possessed by them and owned prior
to such possession, by John Patterson their father that said personal property
was worth $1011.00 and now claim that they are entitled to compensation for
the same Chancery. 2nd Because the defendants, who answers, set up a pretended
claim against the Complainant by reason of a bond which their father John Patterson
held on one Daniel Moore of Kentucky, and which bond was by their father put
into the hands of Trustee or Deacons of the Shakers, and that said bond was
collectable. For these reasons these complaints pray that so much of said answers
as relates to and is upon the subject of the above object of the Bill, that
the defendants remedy foreign from the object of the Bill, that the defendants
remedy is at Law if indeed they claim anything for said property and bond.
July T. 1834 CONTINUED
And afterwards, to wit, in the Term of July eighteen hundred and thirty four
this cause was continued until the next September Term.
Sep.r T. 1834 CONTINUED
And afterwards, to wit, in the Term of September eighteen hundred and thirty
four this cause is continued until the First Term of the year one thousand eight
hundred and thirty five.
First Term 1835 And afterwards to wit, in the First Term being the Term of February
Anas Domini one thousand eight hundred & thirty five this cause is continued
until the next July Term.
First T. 1835 And afterwards, to wit, in the First Term being the Term of February
Anas Domini one thousand eight hundred & thirty five this cause is continued
until the next July Term.
CONTINUED
July T. 1835 And afterwards, to wit, in the Term of July eighteen hundred and
thirty five this cause was continued until the September Term.
Sep. T. 1835 And afterwards to wit, in the Term of September Anas Domini one
thousand eight hundred and thirty five, the exceptions were filed to Defendants'
answer are withdrawn and
CONTINUED This cause is continued until the First Term of the year one thousand
eight hundred and thirty six.
First T. 1836 And afterwards, to wit, at the First Term being April Term Anas
Domini one thousand eight hundred and thirty six, this cause continues until
the August Term.
And afterwards, to wit, in the Term of August eighteen hundred and thirty six
this cause was continued until the next November Term.
And afterwards, to wit, at the Term of November in the year of our Lord one
thousand eight hundred and thirty six on motion of the Court appoint George
B. Holt Guardian ad litem for John Patterson, and Susannah Patterson and Mary
Patterson minor heirs mentioned in said Bill and said Guardian is ordered to
file his answer on or before the first Monday of January next 1837.
And on the fourteenth day of November in the year eighteen hundred and thirty
six the said minor heirs by their Guardian ad litem filed their answer closed
in the words following to wit: And these defendants (Minors) by George B. Holt
Their Guardian ad litem, come and say, they are infants in tender years and
are strangers to all the matters and things set forth in the Complaints' Bill,
consequently cannot admit or deny the matters contained therein, and pray that
their rights severally may be protected and that they may be dismissed. Geo.
B. Holt Guardian.
And on the said fourteenth day of November in the year last aforesaid and during
the sitting of the court in the said Term of November the Complainants filed
their Replication closed in the words and figures following, to wit. And the
said Lewis Valentine, Henry Valentine and Ithamar Johnson come and say that
the matters and things set forth in their said Bill of Complaint are true in
substance and in matter of facts and that the matters and things set forth in
the several answers of the said Culbertson Patterson, Samuel Patterson and William
Patterson and Guardian ad litem contrary thereto are untrue, and this they are
ready to make appear, as by this court shall be directed by P. P. Lowe their
LOL
And thereupon this cause was continued until the First Term of the year one
thousand eight hundred and thirty seven. CONTINUED
First T. 1837 And afterwards to wit, in the First Term being March in the year
of our Lord on thousand eight hundred and thirty seven this cause was continued
until the next July Term. CONTINUED July 1837
And afterwards, to wit, in the term of July Anas Domini one thousand eight hundred
and thirty seven this cause was continued until the next September Term. CONTINUED
And now here to wit, on the sixth day of October being in the Terms of September
in the year of our Lord one thousand eight hundred and thirty seven, this cause
came on to be heard upon the Bill, answers, replication, exhibits and testimony
and the said defendants George Patterson, Eunice Patterson, Jane Patterson,
wife of James Patterson, James Patterson, Peggy Patterson, Phoebe Stuart, Adam
McPherson and Phoebe his wife Mr. Glasgow and Julia his wife, William Kelly
and James his wife., David S. Patterson, George W. Patterson and James H. Patterson.
still failing to appear; plead, answer or demur to said Bill and was argued
by counsel. On consideration whereof, is ordered and decreed: That the said
Bill be taken as confessed as against the above mentioned defendants. And it
is further ordered adjudged and decreed that the said Bill be taken as confessed
as against the above mentioned defendants. And it is further ordered, adjudged
and decreed that the injunction granted in this case, be and the same is hereby
made perpetual, and that the said defendants to this Bill, as well those who
have answered as those who have not within thirty days by deed; duly executed
shall convey to the said Lewis Valentine, Henry Valentine and Ithamar Johnson,
Deacons or Trustee of the Church or Community of Believers, otherwise called
Shaker, at Union Village, Turtle creek township, Warren county, Ohio, all the
estate, either in Law or Equity which the defendants to said Bill have in the
premises in the said Bill mentioned, being the South East quarter of Section
fourteen in the second township and seventh entire range between the Miami rivers,
containing one hundred and fifty nine acres and forty four hundredths situated
in Montgomery county, Ohio; and which deed the said defendants, within the time
above limited shall deliver to the clerk of this Court, for the benefit and
use of said Complaints. And the Court further adjudge and decree, that if the
said defendants fail to make said conveyance in fee simple for the premises
aforesaid within the time limited aforesaid that was and in the initial case,
this Decree shall operate as such conveyance in as full and simple a manner
as if said defendants had made the conveyance of the premises aforesaid. And
the court further being satisfied, that Nathan Sharp, one of the Complainants,
is no longer a Deacon or Trustee of said society and has on longer any interest
in the controversy, order said title to pass to his co-complainants. And the
Court further decree and order, that Culbertson Patterson, Samuel Patterson
and William Patterson, the persons answering and defending this suit, pay the
costs of this suit within sixty days or that execution issue for the same as
upon judgments at Law.
Plaintiffs's costs were taxed at thirty seven dollars and four cents.
Notice of Appeal by defendants.
Text 1832
a T { 345
/c /67,63 L T}19
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