SUMMARY
Suit filed 21 Oct 1850 seeking partition of the farm of the late Benjamin Hill. Benjamin & Susana Morgan who were living in Indiana at the time did not contest the suit nor did the widow, Isabella Hill. The land was partitioned with the plaintiffs received 66 acres on the eastern part of the parcel. The defendants received 66 acres on the western part of the parcel which included 22 1/2 acres and house assigned to Isabella Hill as her dower rights,[see plat].
Mary Ann E. Cornelius & Susanna Maria Morgan were both daughters of Benjamin & Isabella Hill. Portions of the property had previously been sold by the sisters as follows:
- about 3/4 of an acre were sold, as recorded on a 3 Sep 1849 Quit Claim Deed, to Robert Hill, William Ramsey and John Monroe in trust for a Public Place of Burial.
- 5.26 acres to the Hillsborough and Cincinnati Rail Road Company on 6 Oct 1850, said property extending 50 feet on the north side of the railroad center line and 30 feet on the south side of the railroad center line [Volume 31 page 185]
Two sons, Robert & Samuel A. Hill, had sold
their share of this parcel to their sisters on 12 May 1838 at the
same time as the sisters sold them their interest in another parcel owned
by the late Benjamin Hill
| Pleas begun and held at Lebanon in the County of Warren,
and State of Ohio, on the Twenty First day of October in the year
of Our Lord one thousand eight hundred and fifty. Before the Honorable
John Probasco Jr. President Judge of the Court of
Common Please, for the Seventh Judicial Circuit of said State, and
James Cowan, Rezino B. Edwards and
Richard Parcell Esquires Associate Judges. John G. Cornelius and Mary Ann E. Cornelius, his wife vs. Benjamin Morgan and Susanna Maria Morgan, his wife et al Be it remembered that heretofore, to wit - on the Tenth day of September in the year last aforesaid: The Petitioners John G. Cornelius and Mary Ann E. Cornelius his wife by C. J. and J. M. Smith Esqrs their attorneys, did file their petition in the premises, which is in the words and figures following to wit: |
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| petition | To the Honorable the Court of Common Pleas, within and for the County of Warren and State of Ohio, your petitioners John G. Cornelius and Mary Ann E. Cornelius of the County of Warren aforesaid, would respectfully represent unto your Honors, that some years ago Benjamin Hill late of said County, and father of your petitioner Mary Ann E. Cornelius departed this life having a widow Isabella Hill and the following named children and heirs at law, to wit: Robert Hill, Samuel A. Hill, Susanna Maria Morgan, (late Susanna Maria Hill) and your petitioner Mary Ann E. Cornelius late Hill. Said Benjamin Hill died seized in the fee simple (among other lands) of the following described lot tract or parcel of land, the greater part of which is situate lying and being in the County of Warren Ohio, but a very small part of which is supposed to be in Clermont County, Ohio, lying near the mouth of O Bannions Creek on the East Side of the Little Miami River described as follows: Beginning at West end of Philip Hills land thence S 62° E 96 poles to stake at the School House; thence S. 28° West 8 poles to a stake; thence South 62° E. 45 poles to three Hickorys; thence S. 72. W. 5.11½ p. to a stake; thence S. 45 West 14 poles to the O Bannions Creek; thence down the Creek S. 70 West 24 poles, thence S. 60 W. 10 poles; thence S. 30 W. 24 poles; thence S. 65 W. 60, thence S 57'40" West 36½ poles to a large beech tree over the creek; thence N. 60 W. 58¾ poles to a stake; thence N. 36'50" East 69 poles to a stake; thence N. 9¼ East 51 poles near Gillaspies fence; thence S. 45½ |
| East 15 poles to a beech tree; thence N. 58 E. 57 poles to a white oak; thence N. 28° E. 48 poles to the place of beginning, containing about one hundred and thirty acres be the same more or less, and the same land deed by Thomas Paxton to John Hill now deceased, and devised by said John Hill to the said John Hill to the said Benjamin Hill now deceased; On the death of said Benjamin Hill the said tract of land hereinafter described descended in Co?????????? to the said Robert Hill, Samuel Hill, Susanna Maria Morgan and Mary Ann E. Cornelius in fee simple, subject to the right of dower of the said Isabella Hill widow of Benjamin Hill deceased, which said Isabella is entitled as widow as aforesaid to dower therein. Your petitioners further represent that on the 12th day of May 1838 the said Robert Hill and Samuel A. Hill together with their respective wives by deeds duly executed did grant bargain and sell remise and quit claim unto your petitioner John G. Cornelius, and the said Benjamin Morgan husband of the said Susanna Maria Morgan (late Hill) their heirs and assigns forever all their interest in the said tract of land hereinbefore described subject to the dower right of the said Isabella Hill widow of Benjamin Hill dec'd therein, which deed is made part of this petition marked (A) and will be produced on the hearing of this petition together with the other title papers showing your petitioners rights in the premises. Altho. by said deed it would and does appear that your petitioner, John G. Cornelius and the said Benjamin Morgan have a legal title to one undivided half of said premises, your petitioner John states that the consideration of said deed was in fact the interest of the wife of said Morgan and the wife of your petitioner in another tract of land released and conveyed by said Morgan and wife, and your petitioner John G. Cornelius and his wife to the said Robert Hill and Samuel A. Hill, since the execution of said deed petitioners and said Morgan and wife have conveyed about ¾ths of an acre thereof to Robert Hill, William Ramsey, and John Monroe, in trust for a burying ground the description of which will appear from the deed on the record. Your petitioner therefore represent that they are seized in fee simple as aforesaid in one undivided half of the premises, and real estate hereinbefore described subject to the dower estate of said Isabella Hill widow as aforesaid therein; and that subject to said dower estate, the said Benjamin Morgan and Susanna Maria Morgan his wife ar [sic] seized in fee simple as aforesaid of the other undivided half thereof; and that your petitioners have good right to have partition of the same. Your petitioner John G. Cornelius further represents that about the year 1843 with the consent and agreement of said Morgan and wife he entered in a part of said premises and has ever since occupied the same, and has paid to said Morgan and wife their full share of the rents thereof and that your petitioner has made thereon lasting and valuable improvements to the amount to wit some three hundred dollars; consisting in part in the erection of a hewed log house, the construction of a board fence around the yard, a poling fence enclosing the garden; setting out a good orchard of bearing fruit trees - clearring ground and building fences other than those mentioned; by which the value of said premises have greatly enhanced, and which petitioners pray may be taken into consideration in the partition to be made of said premises and that your petitioners may have the benefit thereof as they are by law entitled. Your petitioners therefore pray that the said Benjamin Morgan and Susanna Maria Morgan his wife who reside in Ohio County Indiana and who are tenants in common with your petitioners in said | |
Premises, and the said Isabella Hill widow of Benjamin Hill dec’d who resides in Warren County, Ohio, may be made defendants to this petition and required to answer the same;- And that partition of said premises and Real Estate may be made and your petitioners share and portion thereof set off and assigned to them in severalty, and that the dower of the said Isabella Hill, widow as aforesaid therein, may be set off and assigned to her according to the Statute ?? or if said partition cannot be made and said dower assigned without manifest injury to said premises, that then such other proceedings may be had in the premises as are authorized by law, and petitioners pray process, and such other relief in the premises, as may be agreeably to law. C. J. & J. M. Smith Attys for petitioners. And on the Tenth day of September in the year of our Lord One thousand eight hundred and fifty the writ of the State of Ohio of Subpoena was issued in the premises, directed to the Sheriff of Warren County Ohio, the words and figures following, to wit:- |
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| Sub--- | The State of Ohio, Warren County S S:- to the sheriff
of our said County Greeting :- We command you that you summon Isabella
Hill (widow of Benjamin Hill dec’d)
to appear before the judges of our Court of Common Pleas at the Court
House in said Warren County, on the 21st day of October next; to answer
a petition filed in the Court of Common Pleas, for said County against
her and others by John G. Cornelius and Mary Ann E. Cornelius
his wife for partition and assignment of dower; and this she shall
not in nowise omit under the penalty of One thousand dollars:- and
have then there this writ:-
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| At a court of Common Please, begun and held at Lebanon in the County of Warren and State of Ohio, on the Twenty First day of October, in the year last aforesaid:- And thereupon the sheriff of Warren County, Ohio, makes return of the above recited writ to him in manner and form aforesaid directed, thus endorsed to wit:- | ||||||||||
| Shffs Return |
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| And thereupon the defendants Benjamin Morgan and Susanna Maria Morgain enter their appearance and file their consent in the premises which is in the words and figures following to wit:- | ||||||||||
| We the undersigned do hereby consent that the Court of Common Pleas for Warren County, Ohio, at the ensuing October Term of said Court, in the year 1850 may enter an order for the partition of, and assignment of dower to the widow of Benjamin Hill dec’d in the premises described in said petition. Sept. 1850 | ||||||||||
| ??? & Consent ??? Defts Morgans |
Benjamin Morgan Susanna Maria Morgan |
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| And therefore the Court order their 1st Interlocutory Order to be entered in the premises, which is in the words and figures following to wit:- | ||||||||||
| ??? 1st Order | On this day this cause came on to be heard on the petition, the written agreement of the defendants Benjamin Morgan and Susanna Maria Morgan entering their appearance as defendants in this case waiving notice and consenting that the Court at the present term shall enter an order for the partition of, and assignment of dower to the Widow of Benjamin Hill, dec’d in the premises described in said petition - and the Court find that said defendant Isabella Hill widow of Benjamin Hill dec’d has been duly noti- | |||||||||
| fied of the pendancy and prayer of the prayer of the petition in this case by the service of process upon her at least forty days before the commencement of the present term of this Court and that the prayer of said petition ought to be granted; On motion to the court by the Counsel for said petitioners It is ordered that by the oaths of John Hopkins, Horace C. Dwinel and George shields three judicious disinterested freeholders of the vicinity, one full and equal third part of the lands in the said petition described of which partition is sought be assigned and set off to the said Isabella Hill widow of Benjamin Hill deceased, as her dower estate, by metes and bounds if the same can be done without a manifest injury of the value thereof and if not, that the same be assigned in a special manner as of a third part of the rents issued and profits; and that by the like oaths of the said John Hopkins, Horace C. Durnell [sic] and George shields partition be made of said lands subject to said dower estate in the following proportions to wit :- To John G. Cornelius, and Mary Ann E. Cornelius his wife the petitioners (to be held by them according to their true interest and title thereto and therein), one equal half part thereof subject however to the following provision and gratification that is to say :- The said petitioner John G. Cornelius in said petition represents that about the year 1843, with the consent and agreement of said Morgan and wife he entered upon a part of said premises and has ever since occupied the same; and has paid to Morgan and wife their full share of the rents thereof, and that said petitioner has made thereon lasting and valuable improvements to the amount to wit of some three hundred dollars, consisting in part in the erection of a hewed loghouse, the construction of a board fence around the yard, a poling fence enclosing the garden; setting out a good orchard of bearing fruit trees - clearing ground, and building fences, other than those mentioned, but which the value of said premises pray may be taken into consideration in the partition to be made of said premises and that petitioners may have the benefit thereof as they are by law entitled - and the Court being satisfied that if said allegation be true that said petitioners should in said petition be entitled to the benefit of said permanent and lasting improvements. It is further ordered that in the event of said lands being partitioned, that said John Hopkins, Horace C. Dwinel and George Shields shall in the partition of the same carefully examine and take into consideration the valuable improvements made on said premises by the said John G. Cornelius (if any) and give to the said John G. Cornelius and wife the benefit thereof by assigning to them the value thereof by an increased amount of land over and above one half, and if said commissioners shall be of opinion that partition of said premises cannot be made without manifest injury that then such proceedings be had therein as are directed by law, in which event, said commissioners shall return on oath how much more of the purchase money, on sale of said premises, said John G. Cornelius and wife shall be entitled to and receive, that said Benjamin Morgan and wife in consequence of the increased value of said premises arising from said alleged lasting and valuable improvements made as aforesaid; And in making partition of said premises said commissioners shall take into consideration the fact that since the filing of the petition in this case the said John G. Cornelius and wife and Benjamin Morgan and wife have contracted to sell and convey to The Hillsbourough and Cincinnati Rail Road company about 5. 26/100 acres of said premises for the use of said Rail Road located on or through said premises, and shall exclude about three fourths of an acre of said premises conveyed by said Cornelius and | |
| wife and Morgan and wife to Robert
Hill, William Ramsey and John Monroe in trust for a burying
ground, and it is further ordered that a writ of partition issue to
the Sheriff of Warren County commanding him to cause said dower to
be assigned, and said partition to made accordingly, returnable to
the present term of this court. This order is entered by consent of
petitioners and defendants Morgan and wife.
And thereupon a writ of Partition was issued in the premises directed to the Sheriff of Warren County, Ohio, which is in the words and figures following, to wit: |
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| Writ----- | The State of Ohio, Warren County, SS:- To the sheriff of our said County. Greetings:- On the petition of John G. Cornelius and others, against Benjamin Morgan and others, pending in the Court of Common Pleas, for said County wherein petitioners pray pray [sic] partition of the following described Real Estate, to wit. The greater part of which is situate lying and being in the County of Warren Ohio, but a very small part of which is supposed to be in the Clermont County, Ohio, lying near the mouth of O Bannions Creek on the East Side of the Little Miami River described as follows: Beginning at West end of Philip Hills land thence S 62° E 96 poles to stake at the School House; thence S. 28° West 8 poles to a stake; thence South 62° E. 45 poles to three hickories; thence S. 72. W. 5.11½ p. to a stake; thence S. 45 West 14 poles to the O Bannions Creek; thence down the Creek S. 70 West 24 poles, thence S. 60 W. 10 poles; thence S. 30 W. 24 poles; thence S. 65 W. 60, thence S 57'40" West 36½ poles to a large beech tree over the Creek; thence N. 60 W. 58¾ poles to a stake; thence N. 36'50" East 69 poles to a stake; thence N. 9¼ East 51 poles near Gillaspies fence; thence S. 45½ E. 15 poles to a beech tree; thence N. 58 E. 57 poles to a white oak; thence N. 28° E. 48 poles to the place of beginning, containing about one hundred and thirty acres be the same more or less. Said Court do order that you on receiving an order that purpose shall proceed by the oaths or affirmations of John Hopkins, Horace C. Dwinel and George Shields, three judicious and disinterested freeholders of the vicinity one full and equal third part of the above described lands of which partition is sought, be assigned and set off to the said Isabella Hill widow of Benjamin Hill deceased as her dower estate, by metes and bounds if the same can be done without a manifest injury of the value thereof, and if not, that the same be assigned in a special manner as of a third part of the rents issues and profits :- And that by the like oaths or affirmations of the said John Hopkins, Horace C. Dwinel and George Sheilds partition be made of said lands, subject to said dower estate in the following partitions to wit: To John G. Cornelius and Mary Ann Cornelius his wife the petitioners (to be held by them according to their true interest and title thereto and therein) one equal half part thereof :- And to the said defendants Benjamin Morgan and Susanna Maria Morgan his wife (to be held by them according to their true interest and title thereto and therein) one equal half part thereof, subject however to the following provision and qualification that is to say :- The said petitioner John G. Cornelius in said petition represents that about the year 1843 with the consent and agreement of said Morgan and wife, be entered upon a part of said premises and has ever since occupied the same, and has paid said Morgan and wife their fill share of the rents thereof, and that said petitioner has made thereon lasting and valuable improvements to the amount to wit of some three hundred dollars. Consisting in part in the erection of a hewd log house, the construction of a board fence around the yard, a paling fence enclosing the garden; setting out a good orchard of bearing fruit trees, clearing ground, and building fences other than those mentioned, by which the values of said |
| Premises has been greatly enhanced and which the petitioners pray may be taken into consideration in the partition to be made of said premises and that petitioners may have the benefit thereof as they are by law entitled. It is further ordered that in the event of said lands being partitioned that said John Hopkins, Horace C. Dwinel and George Shields shall in the partition of the same carefully examine and take into consideration the lasting and valuable improvements made on said premises by the said John G. Cornelius (if any) and give to the said John G. Cornelius and wife the benefit thereof by assigning to them the value thereof by an increased amount of land over and above one equal half. And if said Commissioners should be of opinion that partition of said premises cannot be made without manifest injury, that then such proceedings be had therein as are directed by law, in which event said commissioners shall return on oath how much more of the purchase money on a sale of said premises said John G. Cornelius and wife shall be entitled to and receive than said Benjamin Morgan and wife in consequence of the increased value of said premises arising from said alleged lasting, and valuable improvements made as aforesaid:- and in making partition of said premises said commissioners shall take into consideration the fact that since the filing of the petition in this case the said John G. Cornelius and wife and Benjamin Morgan and wife contracted to sell and convey to The Hillsborough and Cincinnati Rail Road Company about 5. 26/100 acres of said premises for the use of said Rail Road Company through said premises and shall exclude about three fourths of an acre of said premises conveyed by said Cornelius and wife and Morgan and wife to Robert Hill, William Ramsey and John Monroe in trust for a burying ground. This order is entered by Consent of the petitioners and Morgan and wife. We therefore hereby command you to execute the order aforesaid and this order, and of your proceedings hereon make return to our said Court at the present term thereof. | ||||||||||
The State of Ohio, Warren Count, SS :- |
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| On
this 29th day of October A. D. 1850, personally appeared before me
Charles A. Smith Deputy Sheriff of said County, John
Hopkins, George Shields and Horace C. Dwinel commissioners
named within who were by me duly sworn and affirmed to faithfully
and impartially discharge the duties assigned them by this order and
a true report of their proceedings make to me in writing forthwith. Given under my hand and seal this day and year above written. |
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| Wm Eulass Shff. By C. A. Smith Deputy {Seal} |
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| The undersigned commissioners after being duly sworn as certified have proceeded to view and examine the premises described in the foregoing order, do set off and assign to Mrs. Isabella Hill widow of B. Hill deceased, twenty two and half Acres including the dwelling house and including the use of one third of the barn as her dower as shown on the plat above embraced within the red drawn lines. And we assign and set off to John G. Cornelius and Mary Ann E. Cornelius as an equal half part of said premises all that part lying East of the dower and the East line of Benjamin Morgans part, containing Sixty Six acres as designated on the plat and Lot No. 1. And we set off and assign to Benjamin Morgan and Susanna Maria Morgan as one equal half part of said premises the residue of the farm containing Sixty Six acres, including the dower and subject thereto, during the life of said widow, numbered on the plat No. 2. The fence which stands near but West of the line between Lots No. 1 & 2 to be placed as a division fence between said Lots and belong to the parties. See the plat and field notes for the whole above as returned by John Hopkins who surveyed. Given under our hands this 8th day of November 1850. | ||||
| Horace C. Dwinel George Shields John Hopkins |
} } } |
Commissioners |
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| This writ having been in the hands of Wm. Eulass former Sheriff at the time the commissioners were qualified but their report bearing date after the expiration of his office. I return the within order executed by the oaths of the within named commissioners whoes [sic] report is herewith returned. | ||||
| Nov. 9th 1850 | Charles A. Smith Shff. | |||
| And therefore the Court order their Final Decree to be entered in the premises which is in the words and figures following to wit:- | ||||
| Final Decree | Be it remembered that at the October Term of this Court 1850 this cause came | |||
| on for further hearing. And it appearing to the Court that the order heretofore issued I this cause to William Eulass late Sheriff of Warren County has been returned to Court here by Chas. A. Smith the present Sheriff as aforesaid, and the return of the commissioners therein named endorsed thereon showing the assignment of dower in the land described in said order, to Isabella Hill widow ? by metes and bounds, and described in said return and the plat accompanying the same. And also showing a partition of said Real Estate between the said John G. Cornelius and wife, the petitioners, and Benjamin Morgan and wife the defendants in the manner as particularly shown in said return and plat:- and the same being fully examined by the Court. It is ordered that said proceedings and report be and the same are hereby approved, confirmed, and ratified in all respects, and that the said Isabella Hill widow as aforesaid be endowed of the tract of land set off and assigned to her by metes and bounds as returned by said commissioners for and during the period of her natural life; as and for her dower in the premises in said order described. And the Court further order that the said John G. Cornelius and Mary Ann E. Cornelius his wife hold Lot No. 1 containing Sixty Six acres, as particularly designated and described in the report and plat returned by said commissioners, as their share in the premises in said order described. And the Court further order that the said Benjamin Morgan and Susanna M. Morgan his wife hold Lot No. 2 so assigned and set off to them by said Commissioners, as their share in the real estate in said Order described, which said Lot No. 2 contains Sixty Six acres of land and is particularly described in said report and plat of said commissioners, and which said Lot No. 2 is subject to the dower estate of Isabella Hill widow ? Therein as assigned in a part of said Lot No. 2 as assigned by said commissioners by metes and bounds. And it is further ordered that one half of the costs and expenses of this proceeding be paid by the petitioners John G. Cornelius and wife, and the remaining half by the said Benjamin Morgan and wife defendants within thirty days from the enrollment of this order, and in default that execution issue therefore: | |||
| Costs Taseed to Petrs. | $52.03 |
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| “ “ “ Defts. | 1.95 |
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$53.98 |
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