Shelby  County,  Indiana
Courthouse Records
Civil Cases

Barnard  vs  Macy


Box 34

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Shelby Common Pleas
June 20 1856         Dec 10 1856 Calvin Barnard     Lucinda Barnard
                        VS
Rebecca Macy,  Joseph Macy,  Tristram B. Macy  &  Thomas C. Macy
Petition for Partition filed January 16th 1856 Alex Miller Clk
P. A. Hackleman Plffs Atty.


State of Indiana Common Pleas of Shelby County
Shelby County                         SS                                    March Term 1856

Shelby County towit:  Calvin Barnard and Lucinda Barnard state the Thomas Macy departed this life on the ____ day of ______ 1855 intestate and that at the time of his death he was the owner in fee of the following described land situate and being in the County of Shelby and State aforesaid, towit:  the East half of the North East quarter of section nine (9) Township thirteen (13) Range Eight (8) East and forty eight acres on the North part of the East half of the South East quarter of section four (4) Township and Range aforesaid, containing in the whole one hundred and twenty eight acres more or less.  That he died leaving Rebecca Macy, his widow, and  Joseph Macy,  Tristram B. Macy,  Thomas C. Macy  and  Lucinda Barnard, one of said petitioners, his only children and heirs, and that the said petitioners, and the said Rebecca Macy Joseph Macy, Tristram B. Macy and Thomas C. Macy, all of whom said petitioners ask may be made defendants to this their petition, are the owners as tenants in Common or tenants in Coparcenary of said real estate, and that the said Rebecca Macy is the owner in fee in right of the said Lucinda of one undivided fourth part of an undivided two-thirds parts of said real Estate and the said Joseph, Tristram B. and Thomas C. are each the owner in fee of one undivided fourth part of an undivided two-thirds part of said real estate and that said petitioners are entitled to partition thereof, the said Lucinda Barnard being the wife of the said Calvin Barnard said petitioners therefore demand partition of said real Estate, for the appointment of Commissioners to make such partition and to have their share of said real estate set off to them according to the statute in said case made and provided, and pray for other relief.                     P. A. Hackleman Attorney     for Calvin Barnard     Lucinda Barnard



Shelby Common Pleas

Calvin Barnard & Lucinda Barnard
                       VS
Rebecca Macy, Joseph Macy, Tristram B. Macy & Thomas C. Macy
Petition for Partition                     Returnable first Monday March 1856
P. A. Hackleman Atty for Pltff

            Served by reading January 24th 1856 on Tristram B. Macy the rest not found in the county.
Mileage     1.20
Fees            Service    .50
.10 H. Laughlin  S.R.C.

State of Indiana
Shelby County,     SS:
            The State of Indiana, to the Sheriff of Rush County, Greeting,
You are hereby commanded to summon Rebecca Macy, Joseph Macy, Tristram B. Macy and Thomas C. Macy to personally be and appear before the Judge of the Court of Common Pleas of Shelby County, on the first day of the next term thereof, to be holden at the Court House in Shelbyville, on the first Monday of March 1856 then and there to answer to the complaint of Calvin Barnard and Lucinda Barnard for partition of real estate.
            Witness Alex Miller Clerk and the seal of said Court, at Shelbyville this 17th day of January 1856
                        Alex Miller Clerk


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Common Pleas Court
Calvin Barnard     Lucinda Barnard
                    VS
Rebecca Macy,  Joseph Macy,  Tristram B. Macy  &  Thomas C. Macy
Returnable first Monday March Term 1856
P. A. Hackleman Attorney Plaintiffs Came to hand February 10th 1856
            As within commanded I served this writ on Rebecca Macy and Thomas C. Macy by reading to within hearing, Joseph Macy, Tristram B. Macy are not found in my Bailwick February the 14th 1856
S. L. Campbell Sheriff S.C.
Sheriff fees $2.00 


State of Indiana
Shelby County, SS:

The State of Indiana, To the Sheriff of Shelby County, Greeting. 
            You are hereby commanded to summon Rebecca Macy, Joseph Macy to personally be and appear before the Judge of the Court of Common Pleas of Shelby county, on the first day of the next term thereof, to be holden at the Court House in Shelbyville, on the first Monday of March 1856 then and there to answer to the complaint of Calvin Barnard and Lucinda Barnard for partition of real estate and have you then and there this writ.
 
            Witness Alex Miller Clerk and the seal of said Court, at Shelbyville this 17th day of January 1856                
Alex Miller            

Transcribed by Barb Huff  for Phyllis Miller Fleming

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