Higgins vs Shaw 1836 Chancery Court
This page is part of the Warren County Ohio GenWeb project
You are our [an error occurred while processing this directive] visitor since 30 May 2005-- thanks for stopping by!
Warren County Court Records

Adoptions
Chancery Records
Divorces
Guardianships
Lunacy Records
Naturalizations
Wills & Estates

Margaret Higgins et al vs John Shaw etal
Chancery Court, February Term 1836


Contributor:
transcription by Frances Barkley Willess and Ruth Hattendorf on 5 July 2003
Source:
1836 Chancery No. 5, Clerk of Court, pages 583 - 588
Repository:
Clerk of Court, Justice Center, Lebanon, Warren County, Ohio
Related Links:

Page 583 Pleas begun & held at Lebanon in the County of Warren & State of Ohio on the last Monday of February being the twenty ninth day of the same month in the year of our Lord one thousand eight hundred & thirty six before the Honorable Benjamin Hinkson President Judge of the Court of Common Pleas for the Seventh Circuit & Benjamin Baldwin James Cowan & John Hart Associate Judges.
 

Margaret Higgins et al
Vs
John Shaw et al

Be it remembered that here
tofore to wit at a Court
  Of Common Pleas begun & held at Lebanon in the County of Warren & State of Ohio on the fourth Monday of February in the year of our Lord one thousand eight hundred & thirty five Margaret Higgins by Dunlavy & Collett Esquires her solicitors filed on the Chancery side of said Court of Warren & State of Ohio in Chancery sitting. The petition of Margaret Higgins late Margaret Shaw relict of Jonathan Higgins late of Warren County dec’d of John Higgins & Jane McCorkle heirs of the body & only children of the said Margaret Higgins & of Samuel McCorkle husband of the said Jane McCorkle late Jane Higgins respectfully represents that John Shaw father of the said Margaret Higgins late of the County of Warren aforesaid but now deceased on or about the 22nd day of January 1822 was seized in fee simple of a certain tract or parcel of land situate in said County of Warren & which is hereinafter more particularly described that the said John Shaw being old & infirm & desirous to dispose of the said tract or parcel of land in such manner & on such terms as should secure his care & comfort during the residue of his natural life entered into an agreement with the petitioner Margaret Higgins & her husband Jonathan Higgins now dec’d as aforesaid to sell & convey or cause to be conveyed to the said Jonathan & Margaret the said tract of land & which said agreement was reduced to writing & signed by the said John Shaw & the said Jonathan & Margaret Higgins & is in substance(?) as follows: The said John Shaw binds himself his heirs executors & administrators to convey to the said Margaret & Jonathan a certain tract or parcel of land lying section No. 32 Twp 4 & Range 3 in said County lying in the South
P.584 West corner of a tract of two hundred acres & upwards said tract to be conveyed containing twenty acres then owned in said section by said John more or less being the balance after two hundred acres which the said John Shaw had agreed to convey to Archibald & Solomon Shaw should be taken off: The said Jonathan & Margaret to be put in possession of said tract of land by the first of April next after the making of the agreement to enjoy the same during the lives of the said Margaret & Jonathan & at their death to go & enure to the heirs of the body of the said Margaret their heirs & assigns forever. In consideration of which the said Jonathan & Margaret were to furnish said John Shaw with boarding washing & lodging & the care & attendance necessary for his health & comfort during his natural life: and also the necessary food & keeping for a horse. Which said agreement is herewith filed (marked A) & made a part of this bill. Your petitioners further represent that the terms & conditions of the said agreement on the part of the said Margaret & Jonathan to be performed have in all respects been complied with. Your petitioners further state that possession of said tract of land was given according to the agreement aforesaid & that the said tract is bounded on the East by lands belonging to Joseph McClung on the North by lands of Nicholas Bennet on the West by lands of Cornelius Bercaw & on the South by lands of Peter Wintro [Winteroad A Peter Winteroud is listed in the Conveyances for S32-T4-R] They further represent that the said John Shaw died on or about the year 1823 not having conveyed the said tract of land as specified in said agreement & that the said John Shaw left heirs & representatives besides your petitioners. John Shaw & James Shaw of Tippecanoe County Indiana, Archibald Shaw who resides in Fountain County Indiana. William Shaw who resides on Blue River in Indiana, sons of the said John Shaw. Nancy Lloyd late Nancy Shaw (a daughter) sic & William Lloyd her husband both of Dearborn County Indiana. James, John & Eli Sewell (Grand children) sic sons of Jane Sewell deceased late Jane Shaw who reside in Indiana, Eli in Dearborn County, & John & James in Fountain County. Solomon Shaw a son who lives in Wood County Ohio. Martha Shaw a daughter living in Butler County, Ohio. Sally LeForce a daughter late Sally Shaw living in Sandusky County Ohio. Polly Simonton late Polly Shaw a daughter who lives in Butler County Ohio & William Simonton her husband who lives in Warren County Ohio. Sewell R. Shaw[This is the way it appears in the document, however the son of Patrick and Hester Sewell was Sewell T.]of Hamilton County, Ohio, William Shaw, John R. Shaw, Robinson Shaw, Jesse Shaw & Alfred Shaw a minor grandchildren sons of Patrick Shaw deceased nonresidents & Solomon Dill & others unknown to your rators all of the State of Kentucky grand children & children of Nelly Dill late Nelly Shaw & Henry Dill her husband both of whom are dead. All of whom your petitioners pray may be made defendants to this bill, & that the writ of subpoena may issue against so many of the defendants as reside in the State of Ohio & that the Court will direct the manner of giving notice to the non resident defendants, & that the said defendants may be compelled to answer all & singular the premises: And your petitioners further pray that on the final hearing of this cause the said defendants may be
P. 585

have such other & further relief in the premises as equity & good conscience may require.
Dunlavy & Collett so.r for Compter?
Exhibit [A?] – This Indenture made & executed this twenty second day of January AD 1822 between John Shaw of the County of Warren & State of Ohio & Jonathan Higgins of the same place Witnesseth that the said John Shaw agrees to sell & bind himself his heirs executors & administrators to convey or cause to be conveyed to the said Jonathan Higgins & Margaret his wife a certain tract or parcel of land lying in section No. 32 fourth Township & third Range & in the County aforesaid lying in the South West corner of a tract of two hundred acres & upwards said tract to be conveyed containing twenty acres more or less being the balance after two hundred acres which said Shaw has heretofore agreed to convey to Archibald Shaw & Solomon Shaw & the same on which Samuel Williams now lives on the terms & conditions follow: Said Jonathan & Margaret are to be put in the possession of the said twenty acre tract on or before the first day of April next & peaceably to enjoy the same during the lives of the said Margaret & Jonathan & at their death to go & enure to the heirs of the body of said Margaret their heirs & assigns forever. For & in consideration of which said Jonathan & Margaret are to furnish said John Shaw with boarding washing lodging & the care & attendance that may be necessary for his health & comfort during his natural life & also the necessary food & keeping for a horse & the said John Shaw further agrees that such articles of household property as he now has in possession shall remain & at his death shall be at the entire disposal of the said Jonathan & Margaret. It is however understood that the Clock & all books are excepted from this last mentioned article & the said John Shaw shall be at full liberty to dispose of them at any time as he may think proper.

 

 

Sealed & delivered in presence of
/s/ Francis Dunlavy /s/ Noah Cory

/s/ John Shaw [LS]
/s/ Jonathan Higgins [LS]
/s/ Margaret Shaw (her mark)

  And the Court being satisfied that the defendants John Shaw, James Shaw, Archibald Shaw, Nancy Lloyd, William Lloyd, William Shaw, James Sewell, John Sewell, Eli Sewell, Solomon Dill & other heirs of Nelly & Henry Dill, John R. Shaw, William Shaw Junr, Robison Shaw, Jesse Shaw, & Alfred Shaw all live out of the State of Ohio. The Court ordered that notice of the pendency of this suit be given by publication according to the Statute and appoints Asahel Brown guardian ad litem for Alfred Shaw a minor defendant by whom he appears in Court here & files his answer in the premises The words & of the tenor following to wit. – The several answer of Alfred Shaw a minor, defendant to the bill of complaint of Margaret Higgins, et al exhibited against this defendant & others – This defendant saving unto himself _______ of exceptions to the many errors & defects in said bill contained answering Asahel Brown his guardian ad litem says that he is ignorant of the ma______ & things in said bill charged & contained, & being a minor he prays the Court take charge of his interest in the premises.
 
  Alfred Shaw, by
Asahel Brown, Guard. ad litem
  And thereupon further (?) __ of & upon the premises aforesaid between the par
P.586 ties aforesaid by order of the Court here therein is continued until the third Monday of May next ensuing, before which time to wit on the days on which they severally bear date subpoenas issued in the premises in the words & of the term following to wit – “The State of Ohio Warren County To the Sheriff of our County of Butler Greeting: We command you to summon Martha Shaw & Polly Simonton to appear before the Judge of our Court of Common Pleas at the Court house in our said County of Warren on the third Monday of May next to answer a petition in Chancery exhibited against them & others by Margaret Higgins & others & this they shall in no wise omit under the penalty of one thousand dollars & have you then there this writ. Witness The Hon. Geo. J. Smith President Judge of our said Court at the Courthouse this 16th March AD 1835. J. K. Wilds Clk.”
“The State of Ohio Warren County To the sheriff of our County of Hamilton Greeting: We command you to summin (sic) Sewel R. Shaw [Again the unknown Sewell R] if he may be found in your bailiwick to be & appear before the Judges of our Court of Common Pleas at the Court house in our said County of Warren on the 3rd Monday of May next to answer a petition in Chancery exhibited against him & others by Margaret Higgins & others & this he shall in no wise omit under the penalty of one thousand dollars & have then there this writ. Witness the Hon. George J. Smith President Judge of our said Court at the Courthouse the 1st day of April 1835. J.K.Wilds Clk.”
“The State of Ohio Warren County to the sheriff of our County of Wood Greeting: We command you to summon Solomon Shaw to appear before the Judges of our Court of Common Pleas at the Court house in our said County of Warren on the third Monday of May next to answer a petition in Chancery exhibited against him & others by Margaret Higgins et al & this he shall in no wise omit under the penalty of one thousand dollars & have you then there this writ. Witness the Hon. George J. Smith President Judge of our said Court at the Court house this 16th May AD 1835 J.K. Wilds Clk.” At which said third Monday in May being the eighteenth day of the same month in the year of our Lord one thousand eight hundred & thirty five comes again into Court here the said petitioners by their solicitors ap.d & the said minor defendant by his guardian ad litem. And the petitioners make proof to the Court here that they have given notice of the pendency of this suit in conformity with the order of the Court. And the sheriffs to whom the aforegoing executed writs of subpoena were directed make return of the same to Court here with the respective endorsements as follows to wit – that to the sheriff of Butler County this “May 16th 1835 the within named defendants are not found in my bailiwick. Wm. Sheley Shff B.C.O., that to the sheriff of Hamilton County in these words “Served Sewel T. Shaw [Note: Sewel T] personally with a copy of this writ. April 3rd 1835. S. Fosdick Shff.” That to the sheriff of Wood County thus “Served by leaving a copy with the within named Solomon Shaw April 18th 1835. Jonas Pratt sheriff.” – and thereupon further process of & upon the premises aforesaid between the parties aforesaid by order of the Court here therein is continued until the second Monday of September next ensuing before which time to wit on the tenth day of August in the year of our Lord one thousand eight hundred & thirty five the writ of the State of Ohio of subpoena
P. 587 issued in the premises in the words & of the tenor following to wit – The State of Ohio Warren County To William Russel Esq. sheriff of our said County Greeting: We command you to summon Polly Simonton, Martha Shaw & William Simonton to appear before the Judges of our Court of Common Pleas at the Court house on the 2nd Monday of September next to answer a petition in Chancery exhibited against them & others by Margaret Higgins & others & this they shall in no wise omit under the penalty of one thousand dollars & have the there this writ – Witness the Hon. Geo. J. Smith President Judge of our said Court at the Court House this 10th August 1835 J.K. Wilds Clk.” – At which said second Monday of September being the fourteenth day of the same month in the year of our Lord eight hundred & thirty five comes again into Court here the said petitioners by their solicitors aforesaid & the said minor defendant by his guardian ad litem aforesaid and the sheriff of Warren County to whom the aforegoing recited writ was in form aforesaid directed makes return thereof to Court here thus endorsed to wit: - “1835 Sept. 14th I have place in the hands of William & Polly Simonton each a true copy of this writ. Martha Shaw not found in my bailiwick. W. Russel Shff.” – and the Court on motion of the complainants by their solicitors grant them leave to file a supplemental bill. Whereupon they file in Court here their supplemental bill in the premises in the words & of the tenor following to wit: Margaret Higgins John Higgins Jane McCorkle & Samuel McCorkle by leave of the Court first had & obtained would state by way of supplemental & amendment to their bill filed on the Chancery side of this Court wherein they are demandants & John Shaw et al are defendants that since the filing of their said bill Martha Shaw one of the defendants has intermarried with one Byram Williams both residing in Warren County. And that Sally LeForce another defendant for whom proof issued is & was at the time of filing said bill a non resident of the State of Ohio. Your petitioners therefore pray that said Byram Williams & Martha his wife may be made defendants to their said bill & that proof of subpoena may issue that they may be
 
compelled to answer the same. Williams & Collett Sol.
  And thereupon the writ of the State of Ohio issued in the premises in the words & of the term following to wit: “The State of Ohio. Warren County to William Russel Esquire sheriff of our said County Greeting: We command you to summon Martha Williams & Byram Williams if they may be found in your bailiwick to be & appear before the Judges of our Court of Common Pleas at the Court house for thirt? To answer a petition in Chancery ___ exhibited against them & others by Margaret Higgins & others & this shall in no wise omit under the penalty of one thousand dollars, ___ you then there this writ – Witness the Hon. Geo. J. Smith President Judge of our said Court at the Court house this this 22nd day of September AD 1835 J.K. Wilds Clk” and afterwards to wit during this same term the sheriff of Warren County to whom the aforegoing recited writ was in form aforesaid directed maker return thereof to Court here thus endorsed to wit “1835 Sept 25th served by copy or to each of the defts here named. W. Russel Shff.” - & the Court
P. 588 Being satisfied that the defendant Sally Leforce resides out of the State of Ohio order that notice of the pendency of this suit be given by publication according to the Statute & .e. and thereupon further proofs of & upon the premises aforesaid between the parties aforesaid by order of the Court here therein is continued until the fourth Monday of February next ensuing before which time the plea of aforesaid was changed continued & adjourned by an act of the General Assembly of the State of Ohio until the last Monday of the same month. And now at this time to wit the said last Monday of February it being the twenty ninth day of the same month in the year of our Lord one thousand eight hundred and thirty six comes again into Court here the said petitioners by their solicitors & the said minor defendant by his Guardian ad litem aforesaid & the adult defendants are in Court – and thereupon the Court order their final decree to be entered in the premises in the words & of the tenor following to wit – Margaret Higgins et al vs John Shaw et al. War Com Pleas In Chancery. February Term 1836. This cause coming on for final hearing at the present term of this Court upon the bill exhibited supplemental bill affidavit of non-residence of part of plaintiffs, proof of publication as to them & the answer of minor defendant by guardian ad litem all the other defendants having failed to plead answer or demur though duly notified of the pendency of this suit this bill is taken pro confesso as to them. And thereupon the Court after full examination & deliberation order adjudge & decree that the adult defendants to this suit within ten days after the entering of this decree execute & deliver to the plaintiffs a deed or deed of release to the complainants their heirs & assigns forever of their respective interests as heirs & representatives of John Shaw dec’d in all that tract of land described in this bill as lying in Section No. 32 Town 4 & Range 3 in Warren County lying in the South West corner of a tract of two hundred acres & upwards said tract to be conveyed containing twenty acres more or less being the balance after two hundred acres which the said John Shaw has agreed to convey to Archibald Shaw & Solomon Shaw should be taken off said tract of twenty acres more or less being bounded on the East by lands belonging now or lately to Joseph McClung on the North by lands of Nicholas Bennet, on the West by lands of Cornelius Bercaw, & on the South by lands of Peter Wintro. And the Court further order & decree that Alfred Shaw the minor defendant to this bill make a like deed for said premises to these complainants within six months after he attains the age of majority unless he show good cause to the contrary. And the Court further order & decree that complt pay half the costs of this suit.
 
  By the Court –
B. Hinkson Pres.? Judge
 
  Costs Taxed to complainants $19.09
  Do. - - defendants ___.93
 
(Missing)
$20.02

NOTE:
This document was typed by Frances Willess from a Xerox copy of the minute book received from Ruth Hattendorf on October 26, 1993. The copy in some places did not include the entire line, and an attempt has been made to reconstruct words that were not completely copied. The handwriting is very hard to read, and there are probably errors in transcription. Names and titles of officials have been verified by the Ohio Histories as contained in CD #450, Family Tree Maker’s Family Archives, County and Family Histories: Ohio, 1780-1970.) Thanks to Ruth for proofreading and corrections. June 29, 2003
NOTICE: All documents and electronic images placed on the Warren County OHGenWeb site remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. These documents may be used by anyone for their personal research. Persons or organizations desiring to use this material, must obtain the written consent of the submitter, or their legal representative, and contact the listed Warren County OHGenWeb coordinator with proof of this consent.

This page updated 26-Jun-2006
© 2003 -2006 Arne H Trelvik  All rights reserved