Received for Record Nov 29th 1870 at 9 o'clock A.M.
Rush County Deed Book 4
March 1867 - January 1871
Be It Remembered That heretofore towit at a term of the Rush Circuit Court in the County of Rush and State of Indiana begun holden and continued at the Court House in Rushville on the 30th day of April 1870 of the said Circuit Court before the Honorable Jeremiah M. Wilson sole Judge of the 4" Judicial Circuit of said State in which is the County of Rush the following proceedings were held in the case of
Andrew Ensminger Lucy Ensminger
Andrew T. Ensminger Martha Arnold by
Elisha M. Arnold their guardian &
John R. Arnold
Angeline Huffman & Ira Huffman
Partition No. 832
William Ensminger & Isabella Ensminger
Comes now said parties by their attorneys
John C. Gregg and Milton S. Waggoner at the present term of this Court to make partition of the Real Estate in dispute between said parties come also and return into Court the following Warrant of Partition herein which is in these words and figures to-wit (here insert) And also make file and acknowledge in open Court the following Report of Partition in this behalf
towit: Andrew Ensminger, Lucy Ensminger, Andrew T. Ensminger,
Martha Arnold by Elisha Arnold their Guardian and John R. Arnold,
Angeline Huffman and Ira Huffman. Report of Commissioners.
We the undersigned commissioners appointed by the Circuit Court of Rush County in the State of Indiana at the April Term 1870 thereof in the above entitled cause, to make partition between and among the parties above named of the Real Estate in Judgment and order the Court for partition thereof described as follows to-wit
The North half of the South West Quarter of Section No. Fifteen (15) Township Number Twelve (12) Range Eight (8) East containing Eighty acres more or less situate in Rush County State of Indiana according to the Judgment of this Court in the above entitled cause after first being duly sworn according to the law and having examined the premises We the said commissioners do assign and set off to the aforesaid
Mary Ensminger the widow of said Andrew Ensminger, description and Plat of Partition in the North half of the South West Quarter of Section Fifteen (15) Township 12 Range 8 East containing 80 acres and 94 hundredths of an acre Widow. Lucy Ensminger one third being 31 acres and 95 hundredths of an acre off of the west end of above tract of land described as follows, commencing at the South West corner of said half Quarter Thence North along the county line 20 chains and 10 links to the North West corner of said tract of land and Thence East 15 chains and 37 1/2 links Thence South 20 chains and fifteen links to the South line side of said tract of land Thence West 15 chains and 37 1/2 Links to the place of beginning her said one third part of said described 80 acres, and also the equivalent in value of $500.00 of St. Paul property as set forth in said petition.
Andrew Ensmingers share being a tract of land lying immediately East of last named share and running East on the North line 13 chains and 32 1/2 Links Thence South to the South line of said half Quarter Thence West 13 chains and 90 links to the South East corner of
Widow Ensmingers share, containing 27 acres and 46 hundredths. Angeline Huffmans share, lying immediately East of last named share, commencing at the North West corner of last named share, Thence East 2 chains and 72 1/2 Links thence South to the South line of said tract of land Thence West 2 chains and 1/8 Links to the South East corner of Andrew Ensmingers share containing Five acres and 55 hundredths of an acre Plat of the North half of the South West Quarter of Section 15 Township 12 Range 8 East. All the residue containing 11 acres and 65 hundredths of an acre on the East end of said tract of land in an undivided tract to the Arnold heirs.
John C. Gregg
M. S. Waggoner
Taken and acknowledged in open Court this 30" day of April 1870
Attest B. F. Tingley
And the Court having seen and examined said report and accompanying Plat, does in all things ratify approve and confirm the same and it is therefore considered and Judged and decreed by the Court that the Partition of said Real Estate as made by said Commissioners between said parties be and remain firm stable and effectual forever, and it is further ordered by the Court that John C. Gregg be allowed the sum of $30.00 and that Milton S. Waggoner be allowed the sum of $5.00 for their services herein as such commissioners and it is further ordered by the Court that said parties pay all costs herein in proportion to their several interests in said Real Estate taxed at ___ Dollars and _____ cents.
State of Indiana
I Benjamin F. Tingley Clerk of the Rush Circuit Court in the County of Rush and State of Indiana do hereby certify that the foregoing is a true and complete copy of the proceedings and Judgment of said Court in the above entitled cause in the day and year first as appears of record in my office.
In Testimony Whereof I have hereunto subscribed my name and hereto affix the seal of the said Circuit Court at my office this Twenty fifth day of November A.D. 1870.
Benjamin F. Tingley
Contributed by Barb Huff for Bob McKenzie
Clerk Rush Cir. Ct.
Guardianship of Ensminger Minors