Mary  C.  Haehl,  et al

Ex  Parte  Partition

Circuit Court October Term, 1868
Mary C. Haehl, et al Ex parte Partition
Order to  John M. Brown,  John Holbrook,  William H. Miller
Commissioners to Make Partition 
James Harrison  Attorney

State of Indiana, Shelby County, SS:                         Circuit Court October Term, 1868
                The State of Indiana, To John M. Brown, John Holbrook and William H. Miller
Whereas, in a certain proceeding for the Partition of Real Estate, now pending in the Circuit Court of said County, wherein Mary C. Haehl (in her own right) and as Guardian of  George Haehl and  Caroline Haehl  and  Rosene Theobald & John J. Theobald  are parties in and Ex parte proceeding for partition of Real Estate.  The Court does then and there, on the 6 day of October A.D. 1868, award judgment of partition of the following tract or lot of land, situate in said County, to-wit:
Part of the West half of the North East quarter of Section thirty (30) in Township thirteen (13) North of Range Eight (8) East Commencing at the North West Corner of said Section. Thence running South ninety five (95) Rods and Eight (8) feet and four (4) inches, thence East Sixty seven (67) Rods thence North ninety five (95) Rods Eight (8) feet and four (4) inches, thence West sixty seven (67) Rods to the place of beginning containing forty (40) acres more or less. Also the East half of the North West quarter of Section Thirty (30) in Township Thirteen (13) North of Range Eight (8) East, containing Fifty (50) acres and thirty hundredths (30/100) of an acre.  Also the following: Commencing forty four (44) Rods seven feet and seven and one half (7 ) inches West of the North East corner of Section twenty nine (29) in Township thirteen (13) North of Range Eight (8) East, thence running South one hundred and eighty (180) rods thence West one hundred and fifteen (115) Rods eight (8) feet ten and one half (10 ) inches, Thence North Twenty (20) Rods thence East Thirty (30) Rods, thence North one hundred and Sixty (160) Rods, thence East Eighty five (85) Rods eight (8) feet ten and one half (10 ) inches to the place of beginning containing One hundred (100) acres.
                And did then appoint you, the said  John M. Brown, John Holbrook and William H. Miller Commissioners, to make partition of said tract or lot of land, and said Commissioners are hereby ordered, after taking the oath required by law, to proceed to set apart the same to the said parties in the following proportions, to-wit: To the said Mary C. Haehl the undivided one third part (1/3) part in value of all said lands (to be set off to her on that part of said premises, whereon the Building and improvements are situate) to be held by her in fee simple.  To the said Rosene Theobald, George Haehl and Caroline Haehl each the undivided two ninths (2/9) part in value of all of said Lands, and that you make report of your proceedings in the premises during the Present October term, 1868, of said Court.
                Witness, the Clerk and Seal of said Court at Shelbyville this 6 day of October A.D. 1868.
J. G. Wolf Clerk
 
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State of Indiana In the Shelby Circuit Court
Shelby County, SS                                : October Term 1868

                Your petitioners Mary C. Haehl, in her own right, and as Guardian of George Haehl and Caroline Haehl, minors, and Rosene Theobald and John J. Theobald her husband would respectfully represent to the Court that heretofore towit: on the third day of September A.D. 1855, one  John H. Haehl  of said County departed this life intestate, leaving his widow, children and heirs at law the following named persons to wit:  Your petitioner Mary C. Haehl, his widow, and the following named children towit; Rosene Theobald (wife of John J. Theobald) George Haehl aged nineteen years, and Caroline Haehl aged fourteen years.  And that your petitioner Mary C, Haehl is the duly appointed and qualified guardian of the said George and Caroline Haehl. And your petitioners would further show that the said John H. Haehl died the owner in fee simple of the following described real estate situate in Shelby County, Indiana and described as follows towit:  Part of the West half of the North East quarter of section Thirty, in Township Thirteen North of range eight East, Commencing at the North West corner of said section thence running South ninety five rods eight feet and four inches, thence East sixty seven rods, thence North ninety five rods eight feet and four inches, thence West sixty seven rods to the place of beginning, containing forty acres more or less.  Also the East half of the North West quarter of Section Thirty in Township thirteen North of range Eight East, containing Fifty acres and thirty hundredths of an acre.  Also the following commencing forty four rods seven feet and seven and one half inches West of the North East corner of Section twenty nine in Township thirteen North of Range eight East, thence running South one hundred and eighty (180) rods, thence West one hundred and fifteen rods eight feet ten and one half inches, thence North Twenty rods, thence East thirty rods, thence North one hundred and sixty rods, thence East Eighty-five rods eight feet and ten and one half inches, to the place of beginning, containing one hundred acres. And your petitioners would further show that the said Mary C. Haehl, the widow of said John H. Haehl deceased, is the owner in fee simple of the undivided one third part in value of said lands, which she desires may be set off to her on that part of said premises wherein the buildings and improvements are situate. That the said Rosene Theobald, George Haehl and Caroline Haehl, are each the owners in fee simple of the undivided two ninths part in value of said lands. And your petitioners demand partition and division of said lands and that the interest of your petitioners in and to the same be set off to the, separately and in accordance with the allegations of this their petition and for such further proper relief as the equity of the proceeding may demand.
J. Harrison, Atty for Petitioners        
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Report of Commission


Mary C. Haehl, et al Exparte Partition
Filed in Open court Oct 14 1868 J. G. Wolf Clerk

State of Indiana
Shelby County SS
                We the undersigned two of the Commission appointed at the October term A.D. 1868 of the Shelby Circuit Court to make Partition of the Real estate of John H. Haehl deceased among the lawful heirs of said deceased.  After first being duly sworn and having examined the premises of the Statute in such cause made and provided.  We do make the following Report of Partition at the above term at said Court. John M. Brown, the other Commissioner being sick and unable to attend to the following named person at their just and legal share of said estate the following described tract. To be held by them in Fee Simple.
                To Mary C. Haehl the following to wit.  The East half of the Northwest quarter of Section thirty (30) Township thirteen (13) North Range eight (8) east, containing Fifty acres and thirty one hundredths (50 30/100) of and acre More or less.
                To Rosene Theobald the following towit.  Commencing at a point forty four (44) rods seven (7) feet and seven and one half (7 ) inches west of the northeast corner of section Twenty-nine (29) Township thirteen (13) North Range eight (8) East. Thence south one hundred and eighty (180) rods, thence west forty one and one half (41 ) rods. Thence east forty one and one half (41 ) rods to the place of beginning Containing forty six and two thirds (46 2/3) acres more or less.
                To George Haehl the following towit.  Commencing at the Northwest corner of the Northeast quarter of Section Thirty (30) Township thirteen (13) north range Eight (8) East, thence south ninety five (95) rods eight (8) feet and four (4) inches thence east sixty seven (67) rods, thence north ninety five (95) rods eight (8) feet and four (4) inches thence west sixty seven (67) rods to the place of beginning Containing forty (40) acres more or less.  Also the following.  Commencing at a point eighty five (85) rods eight (8) feet and ten and one half inches (10 ) west of the Northeast corner of Section Twenty nine (29) Township thirteen (13) North range eight (8) East.  Thence north one hundred and eighty (180) rods thence west six (6) rods thence North one hundred and eighty (180) rods thence east six (6) rods.  To the place of beginning containing six and three fourths (6 ) acres.
                To Caroline Haehl the following towit.  Commencing at a point ninety one (91) rods eight (8) feet and ten and one half (10 ) inches west of the Northeast corner of Section twenty nine (29) Township thirteen (13) North range eight (8) East.  Thence south one hundred and eighty (180) rods thence west sixty eight (68) rods and seven and one half (7 ) inches thence North twenty (20) rods thence west thirty (30) rods thence North one hundred and sixty (160) rods.  Thence east thirty eight (38) rods and seven and one half (7 ) inches to the place of beginning containing Forty six (46 2/3) and two thirds acres more or less.
                The above and foregoing Report of Petition will fully appear by reference to the following Plat accompanying the Report


Plat of Partition
 
Section 30                                                    Section 29


To the above and foregoing Report of Partition we do subscribe our names and affix our seals all of which is respectfully submitted to the Court. 
Commissioners     W. H. Miller         John Holbrook     (SEAL)                

Acknowledged in Open Court this 14th day of October 1868.
                    J. G. Wolf    Clerk


We further show to Court that we have been engaged in making the above and foregoing Report and Partition the following length of time for which we are entitled to the following Fees. 

                W. H. Miller Commr.   Surveyor
Three days at Four (4) dollars a day and drawing up
Report of Partition Five (5) dollars   Total $17.00
                John Holbrook     Commissioner
Two days at two and one half (2 ) dollars a day  =  

$ 5.00

All of which is respectfully submitted

Contributed by Barb Huff  for Christal Callahan Culp

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