Shelby County, Indiana

Partition  Record.

Vol. 1, July 1876-October 1882
p.85-88

Warren Cross Etal from

Estate of Ebenezer Cross

~~~~~~~~~~
State of Indiana}
Shelby County }ss
Warren Cross,  Mary A. Lucas,  and  Elizabeth E. Hardy and  William Hardy by  Joseph K. Hardy their guardian and as their next friend,  George W. Hargrove  and  Fanny B. Hargrove by  George C. Hargrove as their next friend,  Dora E. Lisher  and  Sarah W. Scott by  William Scott as next friend Ex parte.

Petition for Partition Report of Commissioners.

Be it remembered that on the 16 day of November 1877 the same being the 41st judicial day of the October Term AD 1877 of the Shelby Circuit Court, begun, held and continued at the Court House in Shelbyville commencing on Thursday the 1st day of October 1877 before the Honorable Kendall M. Hord Judge of said Court, the following proceedings were had in the above entitled cause to wit.

Come now into open Court  Jeremiah Dugan,  Abel Bennett  and  Joshua Moore the Commissioners appointed on a previous day of the present term of this Court to make partition amongst the petitioners of the Real Estate described in their said petition and in the order for partition to them issued in the premises, and file the oath taken by them as such Commissioners which is indorsed as said order for partition and reads as follows to wit:  (here insert).  And said Commissioners now also file acknowledge and submit to the Court their Report of the partition of said Real Estate made by them pursuant to the order and directions of the Court in the premises which Report is in the words and figures following to wit:

Warren Cross,  Mary A. Lucas,  George C. Hargrove,  William Hardy Et al Exparte -- Shelby Circuit Court October Term 1877.

We the undersigned Commissioners appointed at the October Term 1877 of the Circuit Court for the County of Shelby and State of Indiana to make partition of the Real Estate described to us in the order of partition to us issued by the Clerk of said Court, and having taken the oath required by law a copy of which oath indorsed on said order is returned herewith and having viewed the premises described in said order, we do proceed to set apart the same in the following proportions to wit:

We do set off and assign to the said Warren Cross as his just and full part of all of said Real Estate in fee simple as follows to wit: Beginning at the South East corner of the East Half (1/2) of the North West quarter of Section three (3) in Township fourteen (14) North in Range seven (7) East and running thence North eleven (11) chains and ninety eight (98) links thence West five (5) chains and seventy four (74) links, thence South eleven (11) chains and ninety eight (98) links, to the South line of said tract, thence East five (5) chains, and seventy four (74) links to the place of beginning containing six and eighty six hundredths (6 86/100) acres more or less.

We do set off and assign to the said  George W. Hargrove  and  Fanny B. Hargrove  as their just and full part of all of said Real Estate (in one body) to be held by them as tenants in common in fee simple as follows to wit: Beginning five (5) chains and seventy four (74) links West of the South East corner of the East half (1/2) of the North West quarter of Section three (3) in Township fourteen (14) North in Range seven (7) East and running thence North eleven (11) chains and ninety eight (98) links, thence West seven (7) chains and twenty three (23) links, thence South eleven (11) chains and ninety eight (98) links, to the South line of said tract, thence East seven (7) chains and twenty three (23) links to the place of beginning containing eight and sixty six hundredths (8 66/100) acres more or less.

We do set off and assign to the said  [Joseph] William Hardy  and  Elizabeth E. Hardy  as their just and full part of all said Real Estate (in one body) to be held by them as tenants in common in fee simple as follows to wit: Beginning twelve (12) chains and ninety seven (97) links West of the South East corner of the East half (1/2) of the North West quarter of Section three (3) in Township fourteen (14) North in Range seven (7) East and running thence North eleven (11) chains and ninety eight (98) links, thence West seven (7) chains and twenty three (23) links to the West line of said tract, thence South eleven (11) chains and ninety eight (98) links to the South West corner of said tract, thence East seven (7) chains and twenty three (23) links to the place of beginning containing eight and sixty six hundredths (8 66/100) acres more to less.

We do set off and assign to the said  Dora E. Lisher  and  Sarah A. Scott  as their just and full part of all of said Real Estate (in one body to be held by them in common in fee simple as follows to wit: Beginning eleven (11) chains and ninety eight (98) links North of the South East corner of the East half (1/2) of the North West quarter of Section three (3) in Township fourteen (14) North in Range seven (7) East and running thence West twenty (20) chains and twenty (20) links to the West line of said tract, thence North one (1) chain and twenty eight (28) links, thence East twenty (20) chains and twenty (20) links to the East line of said tract, thence South one (1) chain and twenty eight (28) links to the place of beginning containing two and fifty eight hundredths (2 58/100) acres more or less.

And we do set off and assign to the said  Mary A. Lucas  as her just and full part of all of said Real Estate in fee simple as follows to wit:  Beginning thirteen (13) chains and twenty six (26) links North of the South East corner of the East half (1/2) of the North West quarter of Section three (3) Township fourteen (14) North of Range seven (7) East and running thence West twenty (20) chains and twenty (20) links to the West line of said tract, thence North seven (7) chains and forty nine (49) links thence east twenty (20) chains and twenty (20) links to the East line of said tract, thence South seven (7) chains and forty nine (49) links to the place of beginning containing fifteen and thirteen hundredths (15 13/100) acres more to less.  For further information to all parties interested we annex the following Plat and make it a part of our Report as follows:

[Plat is inserted here in the original]

We would further state and show the Court that we have been engaged in making the above Partition and Report 2 days each and ask to be allowed as follows to wit:

Joshua Moore Commissioner 2 days at $2.50 per day $5 00
Abel Bennett Commissioner 2 days at $2.50 per day $5 00
Jeremiah Dugan Commissioner 2 days at $2.50 per day $5 00
    Survey Report & Plat $8 00

All of which we would respectfully submit to the Court and ask to be received, and we as Commissioners be discharged.

Jeremiah Dugan                              
Abel Bennett                                 
his                                        
Joshua   X   Moore   Commissioners
mark                                      

And the Court having seen and examined said Report and all and singular the premises and being satisfied that the partition of said Real Estate so made and reported by said Commissioners has been made by them in all respects according to the law and the Order and directions of the Court in the premises, accepts, ratifies and fully confirms the same and now orders adjudges and decrees, that said partition shall be binding and effectual between said partitioners and that the tracts and parcels of land as set off and assigned to them as in said Report of partition designated shall be held and enjoyed by them respectively in severalty in fee simple as their just and legal portions of said Real Estate forever.

It is further ordered by the Court that said Commissioners be and they are hereby allowed for their services herein rendered the fees by them respectively claimed therefor and in their Report specified to be taxed and collected as other costs accrued in this cause and that said costs be paid by said partitioners in proportion to their interests which they severally have and hold in the Real Estate so partitioned among them as aforesaid. On motion it is further ordered by the Court that a Complete Record be made of this cause.

State of Indiana}
Shelby County } ss

I,  Bellamy S. Sutton, Clerk of the Circuit Court of the County of Shelby, in the State of Indiana, do hereby certify that the foregoing is a true and complete copy of the record of Report of Commissioners & confirmation thereof of said Court in the above entitled cause. In Testimony Whereof, I hereunto subscribe my name and affix the seal of said Court at Shelbyville this 3 day of December AD 1877.

{{Seal}} Bellamy S. Sutton
Clerk of the Shelby Circuit Court
                  Recorded January 12 1878 at 10 o'clock am

A. V. Robins R. S. C.
Contributed by Phyllis Miller Fleming

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