Vol 4 Page 406
Vol 4 Page 407
| Anno Domino 1854 | |
| oak in the North east line aforesaid, thence with said line N45°E
61 1/4 poles to the beginning, containing Forty acres, more or less. |
|
| And petitioner further represents to the Court,
that, the said William Long in his lifetime, that is to say, in the
month of January, 1827, entered into a certain con- tract, in writing, with his mother, the deft., Mary Long, which is herewith filed marked A, and made part of this petition, and petitioner avers, that in the lifetime of William Long he fully complied with his contract, & since his death his family have kept the same, inasmuch as the said Mary Long, has ever since the execution of said contract lived in, & been provided for by the family, according to said agreement, and she is still with the family, and inasmuch as the personal estate of William Long dec., has been closed and fully settled up, without making any provision for the support of Mary Long, in pursuance of said contract, it becomes necessary to secure the same out of said real property against his heirs at law, as it operates as a lien on said lands |
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| And petitioner shows to the court,
that the said William Long dec'd. left the following named children
& heirs at law, namely, Jacob Long (your petitioner), Margery
Sawyer, late Long, wife of William Sawyer, Thomas Long, Augusta Long,
James Long, & Olive Long, the last four of whom are minors, to
whom descended in copenceriany(??) the
real property aforesaid upon the death of William long, subject nevertheless
to the dower encumbrance aforesaid thereon, & to the support of
Mary Long as hereinbefore Shown, during her natural lifetime: and
inasmuch as petitioner demand??? partition
of so much of said property as is not covered by the dower aforesaid,
and as it is right that the support of Mary Long should be charged
on said property; in order therefore that all these matters should
be legally & equitably done, & as this can be effected only
thru the aid??? of this Hon.
court, petitioner makes William Sawyer, & Margery his wife, Thomas
Long, Augusta Long, James Long, Olive Long, & Mary Long, defendants
to this Bill??? & pray that they
may answer the same. |
|
| The premises considered petitioner prays, that the support & maintenance of Mary Long may be charged by Decree of this court upon the real property aforesaid, not covered by said dower, according to the provisions of the written contract aforesaid, and according to law & equity, and that subject thereto, the same property may be divided according to the statute in such case made & provided, amongst the several persons interested therein, if it can be done withou(t) manifest injury to the whole premises, if not, that then suc(h) property may be appraised subject to the support & maintenance of Mary Long, during her natural lifetime, & if not taken at the appraisement by any party in interest, at his election, that said property be ordered to be sold &c. and petitioner prays for such other and further relief in this matter, as shall conform to law and equity &c. |
Vol 4 Page 408
| December Term | ||||
Jacob Long Petitioner |
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| J. Milton Williams Sol. } for petr. } |
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| Exhibit A, referred to in the foregoing petition is clothed in the words and figures, following, to wit: | ||||
| Exhibit | Memorandum of an agreement between William Long and Mary Long of the State of Ohio, and county of Hamilton, witneseth that William Long of the first part for the considerations hereafter mentioned, to wit, Mary has asigned unto the a-fsd Wm Long, the following lot tract of land, viz: eighty acres being on the south side of the north west quarter(?) of Section No 29 in the Township of Symmes, and County of Hamilton, and for the consideration of the same, William Long doth hereby bind himself, his heirs, executors to keep her in feed for one horse, one cow, five sheep, as long as she sees proper to keep them, also to furnish her such other things, as may be necessary for her support likewise to furnish her in a comfortable cabin to live in, and furnish her in a sufficiency of fire wood also to furnish her two pounds of tea and five pounds of coffee every year, and if in case any of the boys should get sick, and come home it is agreed that they are to stay with their mother untill (sic) they get well, and it is further understood, that the sheep and cow is (sic) to be considered as a part of her support likewise sd William Long reserves to himself the use of the mare when she is not in use. The above agreement to commence the fourth of April, in witness whereof I have hereunto set my hand and seal this January, 1827 | |||
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| And afterwards, to whit, on the 19” day of October A.D. 1853, also(?) the aforesaid Term of the aforesaid Court, the following Notice was given, which notice is in the words and figures, following, to wit: | ||||
| Notice |
|
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| The
deft’s are notified that the demandent, has on this day filed
in the Com. Pleas Court for Warren county, Ohio, his petition demanding
partition, of certain lands therein described owned by Wm Long at
the time of his death, situate in Salem Township Warren County, Ohio,
subject to any rights therein, that Mary Long may have, as shown in
the petition: and that the cause (?) will
stand for hearing & decree, at the next Term of said Court commencing
at Lebanon in said County. Nov 29, 1853. Oct 19” 1853. |
Vol 4 Page 409
| Anno Domino 1854 | |
| Return. | J. Milton Williams, Atty for Jacob Long |
| Returned endorsed, to wit: Served on Wm & Margery Sawyer, Thomas
Long, & Augusta Long by reading and by delivering to each of them
a true copy of this writ, And in each of the other defts, by leaving
a copy of this writ at their usual place of residence they being absent. Oct 19” 1853 Chas. A Smith, Sheriff |
|
| Sheriff’s Fees, Mileage $.75 Service $1.55, 7 copies, $1.75
= $4.05 And thereupon, to wit, on the 24” day of January A.D. 1854, it being of the November Term of the Court aforesaid, A.D. 1853. The Court ordered this (their?) First Interlocuting (?) Decree to be made and entered in the premises, which Decree is clothed in the words and figurees following, to wit: |
|
| Jacob Long } vs } In partition William Sawyer et al } |
|
| First Inter. Decree | |
| 1st Inter. Decree |
Be it remembered, that on this day this cause came on for hearing
on the petition, exhibits &c. And thereupon it appearing to the
Court here, that, although the defendants have had due & legal
notice of the pendancy and prayer of said petition for at least forty
days previous to the commencement of the present term of this Court,
yet tho adult defendants have failed to plead, answer or deman(?)
to said petition, the same is therefore, as to them taken as confessed
& true, and as to the minor defendants, they appear in Court here,
& answer in the premises by Lawyer (Sawyer?)
Smith their Guardian at litem, who is appointed such by the Court
here, to protect their rights in this cause. |
| And upon full view of the premises the Court are satisfied, that
the petitioner & defendants, are seized & posessed, in fee,
by legal title as hurcenars(??), of the
real property described in said petition, that is to say, of the residence
of said tract, after deducting therefrom the dower of Elizabeth Long,
widow of William Long dec’d, and leaving after said deduction
ninety acres more or less, said petitioner not demanding partition
of that part covered by said dower at this time, and the Court find,
that said ninety-acres of land is subject to the comfortable support
and maintenance of the deft, Mary Long for & during her natural
lifetime, as provided for in the agreement of William Long exhibited
with and made part of said petition, and the Court being satisfied,
that, subject to said charge, partition should be made of said property
amongst the several persons interested therein, and as no one showing
cause why such partition should not be made. |
|
| Therefore, the Court do order & decree, that the Sheriff of Warren county, Ohio, on receiving an order for that purpose, procede by the oaths of William Croson, David W Smith, and John Senothen(?), three judicious and disinterested free holders of said County, to divide said property, by setting off to each party his and her respective share thereof in severalty, as |
Vol 4 Page 410
| December Term | |||
| follows, to wit: to Jacob Long, Margery Sawyer (wife of William
Sawyer), Thomas Long, Augusta Long, James Long, & Olive Long each,
the one equal sixth part thereof, but if such property cannot be so
divided without manifest injury to the whole premises, then said Freeholders
shall under oath appraise & report in writing, the true value
thereof, subject to the comfortable support & maintainance of
the said Mary Long during her natural lifetime. |
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| And
said Sheriff is required to return his proceedings in the premises
to the present term of this Court. |
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| The answer of the minor defendants referred to in the above Decree is clothed in the words and figures, following, to wit: | |||
| Ans. of Minor Defts |
Jacob Long } War.
Com. Pleas vs } William Sawyer et al } In partition |
||
| Thomas Long, Augusta Long, James Long, & Olive Long, minor defendants in this cause, appear in Court here by Sawyer(?) Smith their guardian ad litem, and saving all their rights &c, For answer in the premises, say, that they are infants of tender age & know little or nothing of the matters charged in the petition: they, therefore pray that this Court may protect their rights & interests in this cause. | |||
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| And afterwards to wit, on the 24’ day of January A.D. 1854, it being of the November Term of the Court aforesaid A.D. 1853, there was issued out of the Court here, the following writ of partition directed to the Sheriff of Warren County, Ohio, and which writ of partition is clothed in the words and figures following, to wit: | |||
| Writ of Partition |
The State of Ohio } Sc_ Warren County } |
||
| To
the Sheriff of WArren County, Ohio, Greeting: Whereas in a certain cause pending in our Court of Common Pleas in and for said county, wherein Jacob Long is petitioner, & William Sawyer and others are defendants, such proceedings were had in the premises, that, said Court, on to wit, the 24” day of January 1854, entered their Interlocutury Decree in the cause, which is substantially as follows, of said County, The Court order that the Sheriff of said County, on receiving an order for that purpose proceed by the oaths of William Crosson, Thos. J Ireland, & John Showhorn(?), three judicious and disinterested Free- |
Vol 4 Page 411
| Anno Domino, 1854 | |
| holders of said county, to divide said property described hereafter,
being ninety acres, the residue of the whole tract after deducting
therefrom Elizabeth Long’s dower, which is not to be divided,
by setting off to each party his & her respective share thereof
in severalty, as follows, to wit: To Jacob Long, Marger Sawyer (wife
of William Sawyer), Thomas Long, Augusta Long, James Long, & Olive
Long, each, the one equal sixth part thereof: but if said property
cannot be divided withoug material injury to the whole premises, then
said freeholders shall under oath appraise and report in writing,
the true value thereof, subject to the comfortable support & maintainance
of the said Mary Long during her natural lifetime, and said Sheriff
is required to return his proceedings in the premises to the present
term of this Court. |
|
| Said real property is thus described, viz: Situate in Warren County,
Ohio, on the waters of Todd’s Fork containing one hundred &
thirty-acres be the same more or less, being a part of a tract granted
to Richard Taylor dated the 2nd day of March 1803, and bounded as
follows, beginning at two hickories corner to Eli Craig, thence N
45°E 160 poles to a sasafras and stake in John Martin’s
line, thence S 37° E 133 poles to a maple and hickory corner to
James Hill, thence with his line S 45° W 90 poles to a white oak
stump another of said Hill’s corners, thence N 37° W 8 poles
to a forked elm thence with another line of said Hills S 45° W
70 poles to a stake, thence N 37° W 120 poles to the place of
beginning, saving & excepting out of such tract however, the following
premises set off to Elizabeth Long as & for her dower in said
real property, to with: Beginning at a stake standing in the North
West line of said premises standing 59 poles from the North corner,
the sasafras in John Martins’ lines running thence 38 ¾°
E 98 poles to a black walnut stump, on the bank of Randolph’s
run, thence up said run S 45° W 38 poles, thence S 12 ½°
E 29 ¼ poles to a stake in James Hill’s line, thence
with said line N 45° W 12 poles to a stake, thence N 38 ¾°
W 125 poles to a large hickory & small black oak in the North
West line aforesaid, thence with said line 45° E 61 ¼ poles,
to the beginning, containing Forty acres, more or less, and leaving
the balance of said tract to contain Ninety acres, after deducting
said dower. |
|
| Therefore, you are hereby commanded to execute the decree of said Court above recited & to make return of this writ, with your proceedings in the premises, to the Court here at the present term thereof | |
| In
testimony, I F.S. Van Harlingen, clerk of said {seal} Court, hereto affix my name, and the seal of said Court, at Lebanon this 24” day of Jany 1854. F.S. Van Harlingen Clerk |
|
| Return | Return The State of Ohio, Warren County, SS. On this 27” day of Jany, A.D. 1854, personally |
Vol 4 Page 412
| December Term | |
| came before me Charles A Smith, Sheriff of said County Jno Shawhan(?)
& Thos. J. Ireland two of the within named coms. who were by me
duly sworn to faithfully & impartially discharge the duties assigned
to them by this order & a true report of their proceedings make
to me in writing forthwith, Given under my hand & seal the day & year above written. Chas. A Smith Shff. {seal} |
|
| The State of Ohio, Warren County, SS On the 31st day of January, A.D. 1854, personally came before me, Wm A Johnson, Mayor of the town of Butlerville of the county aforesaid, William Crosson, one of the within named Com, who was by me duly sworn to faithfully and impartially discharge the duties assigned to him by this order and a true report of his proceedings as make to the Sheriff of Warren County in writing forthwith. Given under my hand & seal the day and year above named. Wm A Johnson {seal} Mayor of Butlerville |
|
| We the undersigned after being duly sworn as the law directs to
faithfully and impartially discharge the duties required of us by
the foregoing order & on actual view of the premises do appraise
the same at Twenty dollars per acre subject to the comfortable support
& maintainance of Mary Long during her natural lifetime, we being
of the opinion that said property cannot be divided without material
injury to the whole premises. 31st Jan 1854 John Shawhan(?) } Thomas J Ireland } Commissioners Wm Crosson } |
|
| Com. Fees John Shawhan 1 day $1.00 Thos. J Ireland 2 days 2.00 Wm Crosson 1 day 1.00 Mayor’s fees, Wm A Johnston for swearing one of the above named commissioners, 25 cents, Total costs $4.25 |
|
| Endorse- ment |
Endorsed, to wit, I have executed this writ by the oaths of the
within named Commrs. whose report is hereon endorsed & made part
of this return. Feb 1” 1854. Sheriffs Fees. Mileage $.75. Service $1.00, swearing coms. $.25 = $2.00. Chas. A Smith, Sheriff And afterwards, to wit, on the 3rd day of May A.D. 1854 it being of the April Term of the Court aforesaid in the year last aforesaid, these was filed in Court here, Defts motion, which motion is clothed in the words & figures, following, to wi |
| Motion of Defts |
Jacob Long } War.
Com. Pleas vs } William Sawyer et al } In partition |
| William Sawyer & Margery his wife by I D.Wallace his Atty, & Thomas Long, Augusta Long, James Long, & Olive Long, by S. Smith their guard. ad litem, come |
Vol 4 Page 413
| Anno Domino, 1854 | |
| into Court here, & move the Court to set aside the order of
partition issued in this cause, & all the proceedings under the
same & all decrees entered in the cause, for the reason that some
disposition should be made, for the interest of all parties concerned,
of that part of the real property covered by the dower of Elizabeth
Long as set forth in the petition, under the proceedings in this cause
as it will be an injury to the parties to dispose of this part of
said real property not covered with said dower, without at the same
time making some disposition of said dower interest, wherefore the
defendants pray that said writ, proceedings, & decree may be set
aside & held for naught, and that such proceedings may be had
in this cause, as to divide, ir appraise the whole tract of 130 acres
described in said petition subject to the dower of E. Long as shown
in the petition. I.d. Wallace atty for Wm Sawyer & wife Thomas Long } Augusta Long } James Long } minors Olive Long } by Sauren(?) Smith their Guard. ad litem |
|
| And thereupon, to wit, on the 3rd day of May, A.D. 1854, during the same Term of Court, the following entry was caused to be made and entered by the Court in the premises, which entry is clothed in the words and figures, following, to wit: | |
| Jacob Long } vs } In partition William Sawyer et al } |
|
| Decree | On
the written motion of the defendants on file in this cause & on
consent of the petitioner by his attorney, the Court set aside the
writ of partition issued in this cause, and all proceedings under
the same, and the last decree entered in the premises, and so much
of the first one as orders a partition of the real property, therein
referred to, and the Court declare that they shall be void, and of
no effect, and the Court order the defts to pay all the costs which
have accrued on & under said writ, proceeedings, & decrees. |
| And thereupon the Court, on motion of the parties, do order and decree, that the Sheriff of Warren County, Ohio, on receiving an order for that purpose, procure by the oaths of William Crosson, David H Smith, & John Shawhan(?), three judicious and disinterested free holders of said county to divide the real property described in the petition as containing 130 acres by setting off to each party his and her respective share thereof in severalty as follows, to wit: to Jacob Long, Margery Sawyer (wife of William Sawyer), Thomas Long, Augusta Long, James Long, & Olive Long, each, the one equal sixth part thereof. But each partition shall be made subject to and including the reversionary interest in that part of said property covered by the dower of Elizabeth Long, widow of Wm Long dec’d, as set forth in the petition, and also subject to the comfortable support & maintainance of Mary Long during her natural lifetime, and if said |
Vol 4 Page 414
| December Term | |
| property cannot be so divided without manifest injury to the value
of the whole premises, then said freeholders shall under oath, appraise
and report in writing the true value thereof, subject to said dower
incumbrance, and to the support and maintainance of Mary Long as aforesaid. |
|
| And said Sheriff is required to return his proceedings in the premises to the next term of this Court, to which time this cause is continue, to abide the further order of the Court in the premises. | |
| And afterwards, to wit, on the 30” day of May A.D. 1854, there was issued out of the Clerks’s Office of the Court aforesaid, the following writ of partition directed to the Sheriff of our said County, and which (^inserted) writ of (^) partition is clothed in the words and figures, following to wit: | |
| Writ of Partition |
The State of Ohio } Warren County } SS. |
| To
the Sheriff of Warren County, Ohio, Greeting: Whereas in a certain cause pending in our Court of Common Pleas in & for said County, wherein Jacob Long is petitioner & William Sawyer & others are defendants, such proceedings were had in the premises, that said Court, on to wit, the 3rd day of May A.D. 1854 entered their interlocutory Decree in the cause, which is substantially as follows: |
|
| “On the motion of the defendants on file in this cause & by consent of the petitioner by his Atty, the Court set aside the writ of Partition issued in this cause, & all proceedings under the same, & the last decree entered in the premises, & so much of the first one, as orders a partition of the real property therein referred to, & the Court declare that they shall be void, & of no effect, & the Court order the Defts. to pay all the costs which have accrued on & under said writ, proceedings & decrees, And thereupon on motion of the parties, do order and decree, that the Sheriff of Warren County, Ohio, on receiving an order for that purpose proceed by the oaths of William Crosson, David H Smith, and John Shawhan(?), three judicious, disinterested free holders of said county, to divide the real property described in the petition as containing 130 acres by setting off to each party his & her respective share thereof in severalty, as follows, to wit: to Jacob Long, Margery Sawyer (wife of Wm Sawyer), Thos. Long, Augusta Long, James Long, & Olive Long, each the one equal sixth part thereof. But such partition shall be made subject to & include the reversionary interest in that part of said property covered by the dower of Elizabeth Long, widow of Wm Long dec’d, as set forth in the petition, & also subject to the comfortable support & maintainance of Mary Long during her natural lifetime. And if said property cannot be so divided without manifest injury to the value of the whole premises, then said freeholders shall under oath, appraise and report in writing the true value thereof |
Vol 4 Page 415
| Anno Domino 1854 | |
| subject to said dower incumbrance & to the support & maintainance
of Mary Long as aforesaid, & the said Sheriff is required to return
his proceedings in the premises to the next Term of this Court, to
which time this cause is continued, to abide the further order of
the Court in the premises. |
|
| Said Real
Property is thus described in the said petition, viz: Situate in Warren County, Ohio, on the water of Todd’s Fork, containing one hundred & thirty acres, be the same more or less, being a part of a tract granted to Richard Taylor dated 2nd day of March 1803, & bounded as follows, beginning at two hickories, corner to Eli Craig, thence N 45° E 60 poles to a sasafres & stake in John Martin’s line, thence S 37° E 133 poles to a maple & hickory corner to James Hill, thence with his line S 45° W 90 poles to a white oak stump another of said Hill’s corners, thence N 37° W 8 poles to a forked elm, thence with another line of said Hill’s S 45° W 70 poles to a stake thence N 37° W 120 poles to the place of beginning.” |
|
| The Dower
of the said Elizabeth Long Widow as aforesaid, as heretofore set off
is described, as follows, to wit: “Beginning at a stake standing in the North West line of said premises, Standing 59 poles from the North Corner, the sasafras in John Martin’s line, running thence S 38 ¾° E 98 poles to a black walnut stump on the bank of Randolph’s Run, thence up said run S 45° W 38 poles, thence S 12 ½° E 29 ¼ poles to a stake in James Hill’s line, thence with said line N 45° W 12 poles to a stake, thence N 38 ¾° W 125 poles to a large hickory & several black oak in the North West line aforesaid, thence with said line N 45° E 61 ¼ poles to the beginning, containing Forty acres, more or less.” |
|
| Therefore you are hereby commanded to execute the decree of said Court above recited & to make return of this writ, with your proceedings in the premises, together with the proceedings of the above named appraisers herein endorsed hereon, to the next Term of said Court of Common Pleas. | |
| In
testimony, I F.S. Van Harlingen, clerk of said {seal} Court, hereto affix my name & the seal of said Court, at Lebanon this 30” day of May, A.D. 1954. F.S. Van Harlingen Clerk __ __ Van Harlingen Depy |
|
| Endorse- ment |
Endorsed, to wit: The State of Ohio, Warren County, SS. On this 31st day of May A.D. 1854, personally came before me, Chas. A Smith, Sheriff of said county Wm Crosson one of the commissioners named in the foregoing order, who was by me duly sworn to faithfully and impartially discharge the duties required of him by said order & a true report of his proceedings make to me in writing. Given under my hand & seal the day & year above written. Chas. A Smith {seal} Shff. War. Co. O. |
Vol 4 Page 416
| December Term | |
| The State of Ohio } Warren county } SS. On this 23rd day of June, A.D. 1854, personally came before me Wm Crosson a Justice of the Peace within & for said County, John Shawhan(?) & David H Smith, two of the commissioners named in the foregoing order, who were by me duly sworn according to law to faithfully & impartially discharge the duties required of them by said order, and a true report of their proceedings to the Sheriff of said county make in writing. Given under my hand & seal this 23rd day of June, A.D. 1854 Wm Crosson J.P. {seal} |
|
| Return | After being duly sworn & upon actual view of the premises described
in the within order, we the undersigned commissioners do appraise
said real estate at twenty dollars per acre subject to the dower &
lein set forth in the foregoing order, amounting to the sum of twenty
six hundred dollars, we being jointly of the opinion that said real
estate cannot be divided withou manifest injury to the whole premises
incombered with the lien of Mary Long & dower of Elizabeth Long { Commissioners { John Shawhan(?) { David H Smith { Wm Crosson Fees of John Shawhan(?) 1 day $1.00 David H Smith 1 day 1.00 Wm Crosson 2 days 2.00 Oath & certificate of appraisers qualifications, Wm Crosson JP .25 ----- $4.25 |
| I have executed this order by the oaths of the within named coms.
whose report is hereon endorsed, & made part of this return. June 30, 1854, Sheriff’s Fees Mileage $.75, Service $1.00, swearing coms. $.25 - $2.00 Chas. A Smith Shff. |
|
| And afterwards, to with, on the 2nd day of September, A.D. 1854, it being of the August Term of the Court aforesaid in the year last aforesaid, the Court ordered to be made and entered their Further Interlocuting Decree in the premises, which Decree is clothed in the words and figures followin, to wit: | |
| Further Inter Decree |
Jacob Long } vs } In partition William Sawyer et al } |
| Further
Inter. Order This cause coming on to be further heard, on this day, it appears to the Court here, that the writ of partition last issued in this cause, & directed to the Sheriff of Warren County Ohio, commanding him that by the oaths of the free holders therein named, he should cause the real property therein described to be divided or appraised, as therein set forth, has been by said Sheriff duly executed and returned to Court here, with his proceedings & those of said freeholders entered |
Vol 4 Page 417 -1st
| Anno Domini 1854 | |
| & returned thereon, showing that said property could not be
divided according to the command of the writ without material injury
to the value of the whole premises, and an appraisement of the same
at twenty Dollars per acre, subject to the comfortable support &
maintainance of Mary Long, during her natural life time, & to
the dower incumbrances of Elizabeth Long thereon all which said writ,
proceedings, & appraisement, being seen examined & fully understood
by the Court here, they find the same in all things regular &
conformable to law & the order of the Court in the premises, They
do, therefore, hereby approve & confirm the same in every respect. |
|
| And no party in interest electing to take said property, at its appraised value, and the petitioner demanding a sale of the property, & the Court being satisfied that such sale should be made. | |
| Therefore,
the Court do order & decree, that the Sheriff of Warren County,
Ohio, on receiving an order for that purpose, proceed to advertise
and sell the real property aforesaid, according to law, subject to
the dower incumbrance of Elizabeth Long, widow of Wm Long dec’d,
as set off to her, and also subject to the comfortable support and
maintainance of Mary Long during her natural lifetime, upon the following
terms, viz: one third of the purchase money to be paid in hand on
the day of sale, one third in one year, & the residue in two years
from the day of sale, tho deferred payments to bear legal interest
from the day of sale until paid, and to be secured by mortgage on
the premises sold. |
|
| And said Sheriff
is required to return his proceedings in the premises to the next
Term of this Court, to which term this cause is continued to abide
the further order of the Court in the premises. |
|
| And thereupon,
to wit, on the 14” day of September, A.D. 1854, at the same
term of the Court aforesaid, the following order of sale was issued
in the premises directed to the Sheriff of our said county, which
order of sale is clothed in the words and figures, following, to wit: |
|
| Order of Sale |
The State of Ohio } Warren County } SS To the Sheriff of our said county, Greeting: Whereas in a certain cause pending in our Court of Common Pleas within & for Warren County, Ohio, wherein Jacob Long is plaintiff, and Wm Sawyer et al. are defendants, said Court at the August Term thereof and on the ___ day of September Anno Domini 1854 made & entered their decree in this cause, which as far as it is necessary here to recite is substantially as follows, to wit: |
| “It appears to the Court here that the writ of partition last issued in this cause & directed to the Sheriff of Warren County, Ohio, commanding him that by the oaths of the freeholders therein named he should cause the real property therein described to be divided or |
Vol 4 Page 417 - 2nd
| December Term | |
| appraised as therein set forth, has been by said Sheriff, duly executed
& returned to Court here, with his proceedings & those of
said freeholders entered & returned thereon showing that said
property could not be divided according to the command of the Court
without material injury to the value of the whole premises, &
and appraisement of the same at Twenty dollars per acre, subject to
the comfortable support & maintainance of Mary Long during her
natural lifetime, & to the dower incumbrance of Elizabeth Long
thereon, all which said writ, proceedings, & appraisement being
seen, examined & fully understood by the Court here they find
the same in all things regular & conformable to law, & the
order of the Court in the premises. They do therefore, hereby approve
& confirm the same in every respect. Therefore the Court do order
& decree that the Sheriff of Warren County, Ohio, proceed to advertise
& sell the real property aforesaid, according to law, subject
to the Dower incumbrances of Elizabeth Long, widow of Wm Long ded’d,
as set off to her, & also subject to the comfortable support &
maintainance of Mary Long during her natural lifetime, upon the following
terms viz: one third of the purchase money to be paid in hand on the
day of sale, one third in one year, & the residue in two years
from the day of sale, the deferred payments to bear legal interest
from the day of sale until paid, & to be secured by mortgage on
the premises sold” |
|
| And said Sheriff
is required to return his proceedings in the premises to the next
Term of this Court, to which time this cause is continued to abide
the further order of the Court in the premises |
|
| The real property in the above decree referred to is thus particularly described in the petition in this cause filed, | |
| “Situate
in Warren County, Ohio, on the waters of Todd’s Fork containing
one hundred & thirty acres by the same more or less being a part
of a tract granted to Richard Taylor dated the 2nd day of March, 1803,
& bounded as follows, Beginning at two hickories corner to Eli
Craig, thence N 45° E 160 poles to a sasafras & stake in John
Martin’s line, thence S 37°E 133 poles to a maple &
hickory corner to James Hill: thence with his line S 45° W 90
poles to a white oak stump another of said Hill’s corners, thence
N 37° W 8 poles to a forked elm, thence with another line of said
Hill’s S 45° W 7 poles to a stake, thence N 37° W 129
poles to the place of beginning.” |
|
| The dower of Elizabeth Long, widow of Wm Long dec’d is thus described: | |
| in the North (sic) “Beginning at a stake standing in the North West line of said premises, standing 59 poles from the north corner, the sasafras in John Martin’s line running thence S 38 ¾° E 98 poles to a black walnut stump on the Bank of Randolph’s Run, thence up said run S 45° W 38 poles thence S 12 ½° E 29 ¼ poles to a stake in James Hill’s line, thence with said line, N 45° W 12 poles to a stake, thence |
Vol 4 Page 418
| Anno Domini 1854 | |
| “N 38 ¾°W 125 poles to a large hickory & small
black oak in the north west line aforesaid, thence with said line
N 45° E 61 ¼ poles to the beginning, containing Forty acres
more or less” You are therefore hereby commanded to execute this writ & of your proceedings herein endorsed hereon make due return to the next Term of this Court. |
|
| In
testimony, I have herunto set set my hand & affixed the seal of said {seal} Court at Lebanon this 14” day of September, A.D. 1854 F.S. Van Harlingen Clerk __ __ Van Harlingen Depy |
|
| Return | In obedience to
the command of this order I proceeded to advertise the within described
real estate for sale in the Western Star a newspaper printed weekly
& of general circulation in Warren County, Ohio, for full thirty
days previous to the day of sale, setting forth the time, place &
terms of sale; Also setting forth the maintenance of Mary Long [“widow
as within set forth” crossed out] during her natural life, &
the dower of Elizabeth Long widow as within set forth: And on the
30” day of October 1854, I proceeded to offer said premises
for sale in strict accordance with said advertisement by way of public
auction at the Court House in Lebanon, Warren County, Ohio, between
the hours of 10 & 4 O’clock of said day & Jacob &
Thos Long did then & there bid for said premises the sum of $13
50/100 per acre subject to the comfortable suport of Mary Long during
the period of her natural life; & subject to the dower encumbrances
of Elizabeth Long widow as set forth in the within order: and theirs
being the highest and best bid offered therefor & full two thirds
the appraised value thereof, said premises were publicly cried, struck
off & sold to them at their bid aforesaid: Subject however to
the maintenance & dower incumbrance aforesaid Oct 30, 1854 Chas A Smith Shff War. Co. O. Sheriff’s fees, Mileage $.05, Service $.35, Advertising .25 Copy Advt $2.00, Poundage 17.55 = $20.20 |
| And afterwards to wit, on the 7” day of December A.D. 1854, it being of the December Term of the Court aforesaid in the year last aforesaid, the following Proof of Publication, which Proof is clothed in the words and figures following, to wit: | |
| Proof of Publication |
Warren Common Pleas, Dec Term, 1854 In open Court, personally appeared Wm H P Denny, who being duly sworn saith, that he is the Proprietor of the Western Star, a newspaper printed at Lebanon, in the County of Warren O., And of general circulation therein; and, that the annexed advertisement has been published in such paper for at least 30 days, commencing September 29, 1854. W.H.P. Denny Sworn to and subscribed before me this } 7th day of Dec, 1854 } Printer’s fees $7.32 F.S. Van Harlingen Clerk } |
Vol 4 Page 419
Advertisement from
the 1 Oct 1854
Western Star
provided by
Debbie
Jacobs
| December Term | |
| Sheriff’s
Sale of Real Estate Petition for Partition Jacob Long } War. Com. Pleas vs } William Sawyer et al } Dec. Term, 1854 |
|
| Pursuant to an order of sale duly issued from said Court in the
above cause to me directed, I will offer for sale by means of public
auction, according to the statute in such case made and provided at
the Court House in Lebanon, Warren Co. O. On Monday the 30th day of October, 1854 between the hours of 10 and 4 o’clock of said day, the following real estate, to wit: Situate in Warren County, Ohio, in the waters of Todd’s Fork containing one hundred and thirty acres; be the same more or less, being the part of a tract granted to Richard Taylor dated the 2nd day of March 1803, and bounded as follows: Beginning at two hickories corner to Eli Craig, thence N 45° E, 160 poles to a sasafras and stake in John Martin’s line, thence S 37° E 133 poles to a maple and hickory corner to James Hill; thence with his line S 45° W 90 poles to a white oak stump another of said Hill’s corners, thence N 37° W 8 poles to a forked elm, thence with another line of said Hill’s S 45° W 70 poles to a stake, thence N 37° W 129 poles to the place of beginning. Said property will be sold subject to the comfortable support and maintenance of Mary Long during her natural life, and subject to the dower encumbrance of Elizabeth Long, widow of Wm. Long, dec’d as set off to her by metes and bounds therein as follows to wit: Beginning at a stake standing in the N.West line of said premises; standing 59 poles from the North corner, the sasafras in John Martin’s line running thence S 38 ¾° E 98 poles to a black walnut stump on the bank of Randolph’s Run; thence up said run S 45° W 38 poles; thence S 12 ½° E 29 ¼ poles to a stake in James Hill’s line; thence with said line N 45° W 12 poles to a stake; thence N 38 ¾° W 125 poles to a large hickory and small black oak in the North West line aforesaid; thence with said line N 45° E 61 ¼ poles to the beginning, containing forty acres more or less. |
|
| Such
premises will be sold for not less than two theirs the appraised value
thereof on the following terms to wit: One third of the purchase money
to be paid in hand on the day of sale, One third in one year, and
the residue in two years from the day of sale, the deferred payments
to bear legal interest from the day of sale until paid; and to be
secured by mortgage on the premises sold. |
|
| Said
premises have been regularly appraised subject to the dower and maintenance
aforesaid at the sum of $20 per acre. Chas. A Smith Sh’ff W. C. O. |
|
| And now here to wit, on the 11th day of January, A.D. 1855, it being of the December Term of the Court aforesaid A.D. 1854, the Court ordered their final Decree to be made and entered in the premises, which decree is clothed in the words and figures following, to wit: |
Vol 4 Page 420
| Anno Domini 1854 | |
| Final Decree |
Jacob Long } vs } Partition William Sawyer et al } Final Order |
| Be it
remembered, that at the present term of this court this cause came
on for final hearing, upon the pleadings &c on file. And thereupon
it appearing to the Court here, that the order of sale heretofore
issued in the cause, directed to the Sheriff of Warren County, Ohio,
(Chas. A Smith Esq. then being such Sheriff) commanding him to advertise
& sell the real property therein described in manner & form
and upon the terms therein set forth, has been by him duly executed
& returned to court here, with his proceedings showing a sale
of said property entered and returned thereon, all which said order,
proceedings & sale being seen, and carefully examined; & full
understood by the Court here, They find the same in every respect
regular & correct, & conformable to law, & the order of
the court in the premises. They do, therefore, hereby approve &
confirm the same in all things. |
|
| And
it being made to appear to the Court here that there should have been
one acre of ground reserved out of the property sold as aforesaid,
not being owned by Wm Long at the time of his death, and thus described
to wit: one half acre in the corner adjoining the heirs of Robert
Kelly and said Martin, and one half acre adjoining & including
the Grave Yard on the land next James Hill (sic),
leaving 129 acres sold as aforesaid. |
|
| Therefore,
the Court order & decree that David P. Egbert, the present Sheriff
of Warren County, Ohio, execute & deliver in due form of law,
a deed to Jacob Long & Thomas Long, the purchasers of said property,
thereby conveying the same to them in fee simple, with the reservation
aforesaid, & subject to the dower incumbrance of Elizabeth Long
thereon as shown in this cause, and subject also to the comfortable
support of Mary Long during the period of her natural life. |
|
| And it appearing to the court here that Jacob & Thomas Long, the purchasers of said property, have paid into the hands of Charles A Smith late Sheriff, one third first payment, in full thereof, after deducting their own shares, the sum of Four Hundred & thirty-four dollars & thirty cents, which the court order him to disburse & pay out as follows, to wit: 1st He shall pay to the Clerk of this Court one hundred & five dollars & twenty two cents, the costs, charges & expenses of partition in this cause. 2nd He shall pay to the Clerk of this Court the further sum of fourteen dollars & twenty eight cents, being the costs adjudged against defendants in setting aside the first appraisment &c in this cause. 3rd He shall pay the taxes on said property sold as aforesaid for the year 1854, amounting to Twenty five dollars & eighty five cents, 4th, He shall pay over to his sucessor in office, D.P. Egbert Sheriff two dollars |
Vol 4 Page 421
| December Term | |
| & twenty five cents, the costs of making & recording the
mortgage herein after referred to & lastly the residue thereof
shall be by him disbursed & paid over as follows: To Margery Sawyer
(wife of William Sawyer), Augusta Long, James Long, & Olive Long,
each the sum of Seventy-one dollars & sixty-seven & one half
cents. |
|
| And it appearing further to the Court here, that, the deferred payments of purchase money in this cause, after satisfying the full shares thereof of the purchasers of the property aforesaid amounts to seven Hundred and seventy four dollars, one half of which falls due Oct 30”, 1855, & the other half falls due, Oct 30, 1856, with interest on both of said sums of money from Oct 30, 1854, until paid, and said deferred payments and interest are coming equally to the said Margery Sawyer, James Long, Augusta Long, & Olive Long; and the Court order and direct that the said David P Egbert Sheriff as aforesaid, at the same time he executes & delivers the deed the aforesaid, take from the purchasers, a deed of mortgage upon the same property, to himself Sheriff as aforesaid, to secure the deferred payments of purchase money & interest as aforesaid; And when he shall receive the same, he shall disburse & pay over the same according to this decree, & if any of the persons to whom money is to be paid, shall be minors at the time of the payment thereof, the portion of each person shall be paid to his, or her, legal guardian. | |
| W
H Balwin Judge |