Mariah  Updegraff   Et al
vs
Prudy  Scott   Et al


SUMMONS CIRCUIT COURT
October Term 1874
PG 126 No. 965


Love and Conner     Attorney for Plaintiff


SUMMONS-CIRCUIT COURT                 Braden & Burford, Printers, Indianapolis, Ind.
State of Indiana, Shelby County, SS:
                The State of Indiana, To The Sheriff Of Shelby County, Greeting:
You are hereby commanded to summon  Prudy Scott and Noah Scott  her husband,  Mary C. E. Coffman and Jackson Coffman  her husband and  Joseph Tucker  to appear in the Circuit Court of Shelby County, before the Judge thereof, on the first day of the next term, to be held at the Court House in Shelbyville, on the First Monday of October 1874, to answer the complaint of  Mariah J. Updegraff  Et al for Partition of Real Estate and of this Writ make due return.
                WITNESS, John Elliott, Clerk of said Court, and the Seal thereof hereunto affixed, at Shelbyville, this 11" day of September 1874.
John Elliott Clerk        


                Sept 11" 1874 at 10 Came to Hand Sept 11" 74 at 10 o'clock
Served by Reading to Prudy Scott & Noah Scott and by leaving a true and Correct Copy of the original Summons now in my hands at all of the rest of the within named Defts Last usal place of Residence within My bailiwick

My fees Endorsed herein
Sept 17" 1874      Mil[e]s   $3.40
Ser 2.50
1.00
Copy    .10
Ret $6.00
T. H. Lee Shff SC   


------------------------------------------


No. 965 Shelby Circuit Court
Mariah J. Porterfield Updegraff  &  John L. Updegraff
Martha Cleckner & Andrew Cleckner  her husband
Samantha P. Porterfield  an infant under 21 years old
By  Samuel Porterfield  her next friend             Plaintiffs
                        VS
Prudy Scott & Noah Scott her husband
Mary E. Coffman & Jackson Coffman her husband & Joseph Tucker         Defendants
                Complaint Demand Partition of lands
Filed September 11" 1874 L. & C.



Summons Issued
State of Indiana Shelby County
In the Shelby Circuit Court October Term 1874

Mariah J. Porterfield Updegraff, John L. Updegraff her husband
Martha Cleckner & Andrew Cleckner her husband
Samantha J. Porterfield who is an infant under 21 years old 
By Samuel Porterfield her next friend                         Plffs
                        VS
Prudy Scott & Noah Scott her husband
Mary E. Coffman & Jackson Coffman her husband & Joseph Tucker         Defendants
Mariah J. Porterfield Updegraff and John L. Updegraff her husband, Martha Cleckner and Andrew Cleckner her husband and Samantha J. Porterfield who is an infant under twenty one years of age by ______Porterfield her next friend complains of Prudy Scott & Noah Scott her husband, Mary E. Coffman and Jackson Coffman her husband and Joseph Tucker, and says that  Mariah Shaw  the widow of  Shaw  and previous to her marriage with  Wm. Shaw, the lawful widow of  Benjamin Tucker  decd, died on the -----day of -----1873 depart this life testate while a resident of Shelby County in the State of Indiana died the owner in fee simple of the following described parcels of land and is located in said County of Shelby in the State of Indiana to wit; Commencing thirty-four and three fourths (34 3/4) poles North of the North West corner of Section Twenty (20) in Township Twelve (12) north of Range Six (6) East and running thence South Fifty five and Three Fourths (55 34/) poles, thence East Two Hundred and Forty Four (244) poles; thence North Fifty-five and Three Fourths (55 3/4) poles and thence West Two Hundred and Forty Four (244) poles to the place of beginning Containing one Hundred and Five acres more or less, and left surviving her as her heirs at law the following & lawful children of her and her former said husband Benjamin Tucker to-wit, the said defendant Prudy Scott who is the wife of the defendant Noah Scott the defendant Mary E. Coffman who is the wife of the defendant Jackson Coffman and also the defendant Joseph Tucker, and she also left surviving her the following who are her lawful grandchildren and heirs at law they being the children of ________ Porterfield who was the lawful wife of Samuel Porterfield they being the lawful children of her and said Samuel Porterfield to wit; the plaintiff  Mariah J. Updegraff   the plaintiff Martha Cleckner  who is the wife of the plaintiff Andrew Cleckner and the plaintiff  Samantha Porterfield who is an infant under twenty one years of age who files this suit by her friend Samuel Porterfield as her next friend their said Mother having departed this life before the death of said Mariah Shaw the said children and grandchildren being the only heirs at law of said Mariah Shaw decd.
That the said Prudy Scott, Mary E. Coffman and Joseph Tucker are each and the owners by descent from said Mariah Shaw decd of the undivided One Fourth part in value of said described tract of land and the said Samantha Porterfield, Mariah J. Updegraff and Martha Cleckner are each the owners by descent from said Mariah Shaw the undivided One Twelfth part in value of said tract in common
Wherefore the plaintiffs demand the full grant order and decree of the Court for partition and division of said tract of lands according the ownership therein as above stated and that on such partition there be set off in fee simple in one body to be held and owned by the plaintiffs Samantha J. Porterfield, Mariah J. Updegraff and Martha Cleckner the one fourth part in value of said lands to be owned and held by them in equal portions proportions and for all other and further proper relief.
Mariah J. Porterfield Martha Cleckner & Andrew Cleckner, Samantha J. Porterfield an infant By Samuel Porterfield her next friend
By Love & Conner The Attorneys

---------------------------------------------------------

965
Mariah J. Uppdegraff et al     VS     Prudy Scott et al
        Answer & Demand for Partition
Filed October 7" 1874                 John Elliott Clk
Hord & Blair Attys

Mariah J. Updegraff et al
            VS
Prudy Scott Mary E. Coffman Joseph Tucker et al
Now comes the defendants Prudy Scott, Mary E. Coffman and Joseph Tucker and say that they fully admit and concede that Mariah Shaw departed this life on the ____day of ___1873 intestate the owner in fee simple of the lands described in the complaint To Wit Commencing 34 3/4 poles North of the North west corner of Section 20 Township 12 North of Range Six East and running thence south 55 3/4 poles thence East 244 poles, thence North 55 3/4 poles, thence West 244 poles to place of beginning Containing 105 acres. That she left surviving her as her only heirs at law her Children Prudy Scott, Mary E. Coffman Joseph Tucker who are entitled to the one fourth in value thereof each. Also the following grandchildren, who are the Children of a deceased daughter Viz. Mariah J. Updegraff, Martha J. Cleckner & Samantha J. Porterfield who are entitled to the one twelfth part in value thereof each. They now ask that partition be granted them and that they have assigned to them each the Issue one fourth part in Value thereof and for all other proper relief.
Hord & Blair Attys for Defts.



Report of Commissioners
Filed January 1" 1875           John Elliott Clk

Mariah J. Updegraff VS Prudy Scott      in Partition

State of Indiana Shelby County     SS:
We the undersigned Commissioners appointed at the October Term A.D. 1874 to make partition of the Real Estate described in the Order issued by the Clerk of said County, to us directed, after us taking the Oath required by law. A Copy of which oath indorsed on the back of said Order is returned herewith.
                And having viewed the Lands and premises described in the said order, We do proceed to set apart the same to the parties named in the Order, in the following proportion. To Wit: To Prudy Scott, Joseph Tucker and Mary C. Coffman the following described portions of the said Real Estate, to Severalty in fee simple to=wit:
               To Mary C. Coffman the following described part of said Real Estate, to-wit: Commencing (34 3/4) Rods North of the North West corner of Section Twenty (20) in township Twelve (12) North Range Six (6) East, Thence South Fifty five and three fourths (55 3/4) Rods thence East Fourteen chains and thirty-five (14 C 35 L) links, thence North Fifty-five and three fourths (55 3/4) Rods, Thence West Fourteen chains and thirty-five links (14 C 35L) to the place of beginning, containing Twenty (20) acres more or less.
To Joseph Tucker, The following described part of said Real Estate, to-wit: commencing thirty-four and three fourths (34 3/4) Rods North and Fourteen chains and thirty-five links (14 chns 35 links) East of the North West corner of Section Twenty (20) in township Twelve (12) North Range Six (6) East, thence South Fifty five and three fourths (55 3/4) Rods, Thence East fourteen chains and thirty five links (14 ch 35 links) thence North Fifty five and three fourths (55 3/4) Rods, Thence West Fourteen chains and Thirty-five links (14 ch 35 links) to the place of beginning, Containing Twenty (20) acres more or less.
To Prudy Scott, the following Described part of the Said Real Estate to=wit:
               Commencing at a point thirty four and three fourths (34 3/4) Rods North and Twenty eight and Seventy hundredths chains (28 70/100) East of the North West corner of Section Twenty (20) in township Twelve (12) North Range Six (6) East, Thence South Six chains and Eighty one and one half links (6 ch 81 1/2 links) Thence East Thirty-two chains and thirty links (32 ch 30 L) thence North six chains and eighty one and one half Links (6 chs 81 1/2 links) thence West thirty two Chains and Thirty links (32 chs 30 links) to the place of beginning, containing Twenty-two (22) acres more or less.
                To Mariah Updegraff, Martha J. Clickner and Samantha J. Porter field jointly to be held by them in fee simple as tenants in Common the following described part of said Real Estate, to-wit: Commencing Thirty-four and three fourths (34 3/4) Rods North, Twenty-Eight chains and Seventy links (28ch 70L) East, and Six chains Eighty-one and one half links South (6c 81 1/2 links) of the North-West corner of Said Section (20) Township 12 and Range Six (6) East, thence South Seven chains and twelve and one half links (7ch 12 1/2 links) thence East Thirty-two chains and thirty links (32ch 30 links) Thence North Seven chains and twelve and one half links (7ch 12 1/2 links) thence West Thirty two chains and thirty links (32ch 30 links) to the place of beginning, Containing Twenty Three (23) acres more or less.
                The above will more fully appear by reference to the annexed Plat of Partition


To the foregoing Report and plat of partition we do Subscribe our names and affix our 
Seals, All of which is respectfully submitted to the Court.
Chas. F. Webster         {SEAL}
James Cooper         (SEAL)
Benjamin Piatt         (SEAL)


                We further show to the Court that we have been engaged in making the foregoing Partition and Report the following time for which we ask that our fees be allowed, and an order granted for the same.
Chas. F. Webster, Commissioner and Surveyor
               Two (2) days at $5.00 per day $10.00
               Drawing up Report and Plat of Partition  

5.00

James Cooper, Commissioner
               Two (2) days at $2.50 per day

5.00

Benjamin Piatt, Commissioner
               Two (2) days at $2.50 per day

5.00

Chas. F. Webster
James Cooper               Commissioners



Circuit court, October Term, 1874

Mariah J. Updegraff et al
          VS         In Partition
Prudy Scott et al

Order to
Charles F. Webster
James Cooper
Benjamin Piatt

Commissioners to make Partition
Filed January 1" 1875 John Elliott Clk.
            Love & Conner   Attorney
--------------------------------------

OATH

State of Indiana, Shelby County, SS:
        We Charles F. Webster, James Cooper and Benjamin Piatt do each and severally solemnly swear that we will discharge the duties of Commissioners, in accordance with the within order, to the best of our ability, SO HELP US GOD.
James Cooper         Benjamin Piatt         Chas. F. Webster
Subscribed and sworn to this 10 day of November A.D. 1874         John Elliott Clk.
-----------------------------------------------------

Shelby County, SS                                                            :
State of Indiana, Circuit Court
October Term, 1874

THE STATE OF INDIANA, To James Cooper, Charles Webster and Benjamin Piatt
WHEREAS, in a certain proceeding for the Partition of Real Estate, now pending in the Shelby circuit Court of said County, wherein Mariah J. Updegraff and John L. Updegraff her husband Martha Clickner & Andrew Clickner her husband, Samantha J. Porterfield by Samuel Porterfield her next friend, are Plaintiffs, and Prudy Scott & Noah Scott her husband, Mary E. Coffman & Jackson Coffman her husband & Joseph Tucker are Defendants, the Court did then and there, on the 10" day of November, A.D., 1874, award Judgment of Partition of the following tract or lot of land, situate in said County to-wit:                 Commencing (34 3/4) poles North of the North West corner of section (20) in township (12) North of Range (6) East and running thence South (55 3/4) poles, thence East (244) poles, thence North (55 3/4) poles and thence West 244 poles to the place of beginning, containing (105) Acres more or less.
            And did then appoint you, the said James Cooper, Charles Webster and Benjamin Piatt, 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 set apart the same to the said parties in the following proportion, to-wit: To the said Prudy Scott, Mary C. Coffman and Joseph Tucker each the one fourth (1/4) part in Value of said Real Estate to be held by them in severalty in fee simple. To the said Mariah Updegraff, Martha J. Clickner and Samantha J. Porterfield jointly to be held by them in fee simple as tenants in Common the undivided one fourth (1/4) part in Value of said lands, and that you make report of your proceedings in the premises during the December Term, 1874, of said Court.
            WITNESS, the Clerk and Seal of said Court, at Shelbyville this 10 day of November, A.D. 1874.
John Elliott Clerk        


Transcribed by Barb Huff

Civil Records Index         Main Page