Order Book

Common Pleas 12

Clerk's Office, Shelby Co Courthouse

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Second Day,         March Term, 1870,         Shelby Common Pleas, March 8

Henry Burkher }}
Matthias Schoelch. }}
735 vs. }} Complaint to enforce Mechanics Lien
Rev. Maurice de St. Palais }}
                                                            Comes the plaintiffs by Davis and Love their Attorneys and the Sheriff of Knox County Indiana returns the Summons issued in this Cause duly and legally served upon said Defendant, more than ten days prior to the first day of the present Term of the Court, which Summons and Return of Sheriff thereon indorsed, read in the Words and figures following to wit (Here insert.)  And on motion said Defendant being now three Times audibly called, comes not, but herein wholly makes default.  Whereupon on further motion this Cause is now submitted to the Court for Trial and Judgment upon the Complaint exhibits and default aforesaid.  And the Court having heard the Evidence and being sufficiently advised in the premises, finds that there is now due from said Defendant to said Plaintiffs, as an unpaid Balance of principal and Interest, on an Account in Contract for Materials furnished by them in the erection of the Church Building mentioned in their said Complaint, situate on Lot number Six (6) on Broadway Street in the City of Shelbyville in Shelby County, State of Indiana, -- the Sum of Two hundred and ninety six Dollars, which Sum is a Lien upon said Building and Lot above described.  And the Court further finds that the Materials furnished by said plaintiffs for said church building, were used in the construction of the same and that the said Building is not yet completed, but remains in an unfinished Condition.  That on the 10" day of December 1869 the plaintiffs did file in the Recorders Office of Shelby County Indiana, Notice of their intention to hold a lien upon the above described Building and Lot for their Claim specifically setting forth the amount thereof, which said Notice was duly recorded by the Recorder of said County in a Record kept for that purpose whereby they have secured to themselves a valid and subsisting Lien upon the said Church Building and Lot whereon the same is situate for the payment of their said Claim. --
          It is therefore considered by Court that said plaintiffs do recover of and from siad Defendant the Sum of Two hundred and ninety Six Dollars ($296.00) as and for their damages so

Second Day,         March Term, 1870,         Shelby Common Pleas, March 8

assessed by the Court in manner and form aforesaid, together with their Costs and charges herein laid out and expended, to be levied and collected without any Relief from Valuation or appraisement Laws.
It is further ordered adjudged and decreed by the Court, that unless said defendant or some person on his behalf, forthwith pay to the plaintiffs the Said Sum of $296.00 together with all Costs herein accrued, that the said Church Building and Real Estate above described, on which the same is situate, be sold by the Sheriff of Shelby County, as other Lands are sold on Execution without Relief from Valuation and appraisement Laws, for the payment and satisfaction of the above and foregoing Judgment with all Interest and Costs accrued and to accrue thereon, And that a duly certified Copy of this Judgment and decree issued from under the hand of the Clerk of this Court, attested by the Seal thereof, shall be sufficient authority for said Sheriff to execute the same.  And in the Event, said Bulding and Lot of Real Estate should fail to sell for a sufficient Sum fully to satisfy and discharge said Judgment with all Interest and Costs, then the said Sheriff shall sell without Relief from Valuation or appraisment Laws any other property of the defendant, subject to Execution to make up the deficiency. --

Transcribed by Phyllis Miller Fleming

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