Shelby  County,  Indiana

Fansler  vs  Doble.

~~~

Mary E Fansler
Adam W Fansler &
William D Fansler
    }
                 vs }  Summons
     }
William A Doble
~~~

Returnable second
Monday of May 1845

Sheriff Fees             
  traveling 12 M   72
         service----------37-1/2
  Returning          10
                               1.19-1/2
~~~

Filed May 9th 1845
               J. Vernon
                               Clk

Hendricks & Wright
Sols for Complts

~~~

[inside]
State of Indiana   X
                              X The State of Indiana to the Sheriff of Shelby Co.
Shelby County     X

Greeting:
          You are hereby commanded to summon William A. Doble if he may be found in your Bailiwick to personally be and appear before the Judge of the Probate Court of Shelby County on the first day of the next term to the holden at the Courthouse in Shelbyville on the second Monday of May 1845. Then and there to plead answer or demur to the allegations and charge, contained in the Bill of Complaint of Mary E. Fansler, Adam W. Fansler and William D. Fansler, minor heirs of William Fansler, dec’d, who sues by Mary Fansler, their next friend, now pending in said Court on the matter and things therein contained will be taken for confessed and true, and will be heard and determined in his absence and decreed upon accordingly. And have you then there this work.
          Witness Jacob Vernon, Clerk of the Probate Court of Shelby County, and the seal thereof hereunto affixed at Shelbyville this 26th day of March A. D. 1845.

/s/  Jacob Vernon, clerk

Rec’d this writ March 27, 1845
          I have Executed this writ as within commanded by reading on this 3rd day of April, 1845.

/s/  Alexander Miller  Sheriff
S. C.     

~~~


Doble
ats
Fansler et al
__________

Amended  Answer


Filed in open Court
May 16th 1845       
            J Vernon  Clk
~~~

[inside]
In Chanc’y    X      Probate Court of Shelby County
                      X      May Term, 1845

          The Second or amended answer of William A. Doble to the bill of complaint of Mary E. Fansler et al. The said William A. Doble says that the rents and profits of the lands of said complainants for the year 1843 & 1844 which he charges himself in his first answer to have received were fair and full rents for said lands and that he could not rent the same for more or better rents than he has stated he rents the same for in his first answer and that the use and rents of said land were with no more than that he received as stated in his said answer and that he has disposed of said rents to the best advantage and that the corn hay oats and wheat were not worth any more than he disposed of them for and charges himself with his said former answer.

/s/  Wm. A. Doble

          The said William A. Doble makes oath and says that the forgoing answer is true as he verily believes.

/s/  Wm. A. Doble

          Sworn to and subscribed in open court before me this 16th day of May, 1845.

/s/  J. Vernon  Clk

~~~~~~~~~~~~~~~~

Fansler et al
vs.         
W. A. Doble
________

Replication


Filed in Open Court
May 16th 1845       
                 J Vernon Clk
~~~~~~~~~

[inside]
In Chancery  X      Probate Court of Shelby County - May Term, 1845

          The replication of Mary E. Fansler, Adam W. Fansler and William D. Fansler complainants by Mary Fansler their next friend to the answer and amended answer of William A. Doble defendant. These repliants saving and reserving to themselves all and all manner of advantage of exception to the manifold insufficiencies of the said answers for replication tenants say that they will aver and prove this said bill to be true certain and sufficient in law to be answered unto and that the said answer of the said defendant is uncertain and insufficient to be replied unto by these repliants, within this that any other matter or thing whatsoever in the said answers contained material or effectual in the law to be replied unto, confessed or avoided, traversed ordained is true, all which matters and things these repliants are and will be ready to aver and prove as this honorable court shall direct and assembly prays as in and by these said bills they have already prayed.

Signed:  Mary E. Fansler                
Adam W. Fansler              
William D. Fansler           
By:  Mary Fansler, their next friend

~~~~~~~~~~~~~~~~

In Chancery     }     In the Probate Court of Shelby County, May Term, 1845

          The answer of  William A. Doble, guardian of Adam Wright Fansler, William Daniel Fansler, and Mary Eliza Fansler, minors under the age of twenty-one years, to the bill of complaint of the said minors as set forth by Mary Fansler, their next friend.
          This defendant now & at all times hereafter ______ being to himself all benefit and advantage of exceptions which can or may be had or taken to the many errors, uncertainties & other imperfections in said bill of the complaints contained. For answer thereto and to so much and such _____ thereof as this defendant is advised is or are _________ for him to make answer to. This defendant answering saith:
          That all the matters & things contained in said complaintants bill that _____ to matters & things prior to the Entering of the Decree against this defendant at the May Term of said Court 1843 are true, as also the Entering the said decree for the sum of _________ at the term of said Court as aforesaid except the number of Acres of cleared land mentioned in said bill. This defendant saith that he has had said cleared ground measured by a competent surveyor & he verily believes that there is but thirty-eight acres & nineteen rods instead of forty acres in said cleared land mentioned and that there is a part and wet places in said ground of about one acre leaving but thirty seven acres of said land of which this defendant could by any means realize any profit.
          And this defendant further saith that in the year 1843 he rented twenty-eight acres (of the said thirty-seve) to George Yoke for which he received two-hundred and Seventy-nine bushels of corn & at the same time he rented the ____ of said thirty-seven acres to the said Yoke for which he received thirteen bushels of wheat & nine bushels of oats.
          And further that he rented the said farm acre ____ of cleared ground for the year 1843 to Joel Crumb for which he received twenty -tree bushels of oats & one stack of hay. And this defendant further saith that he sold the aforesaid grain & hay as follows to-wit:

75 bu of corn to Garrett Snodgrass @ .12/bu  $9.00
50 bu of corn to Joseph Bush @ .12 1/2 per bu 6.25
50 bu of corn to Henry Pope at .12 1/2 per bu 6.25
50 bushel of corn to Nathanial Vise at .10/bu 5.00
54 bushel of corn to _____ by self at .12/bu  6.75
32 bushel of oats to _____ by self at .10/bu  3.20
13 bu of wheat to ______ by self at .50/bu    6.50
 1 stack of hay to Willim Hibler for          2.00
                                            $44.95

Making the total amount received for the year 1843 the sum of forty-four dollars and ninety-five cents.
           And the defendant further saith that in the year 1844 he rented the said thirty-seven acres to Garret Snodgrass for which he received two-hundred and thirty bushels ofcorn & sixty-two bushels of oats and the said Snodgrass was to _____ to said defendant also the third of about three acres of wheat which turned out to be so very bad that said defendant agreed to receive in place thereof six bushels & one half of corn. And this defendant in the year 1844 rented the said four acres of cultivated land to Joel Crumb for which he received ten bushels of wheat & one stack of hay.
          And this defendant further saith that he has disposed of all said grain and hay received as aforesaid for rent for the year 1844 (except eight bushels of the poor wheat & 6 1/2 bushel of corn which yet remains unsold there not having yet been any offers for said wheat as follows to-wit:

Sold to Joseph Alexander 50 bushels of corn .27/bu      $13.50
Sold to John Hoop 50 bushels of corn .26/bu             $13.00
Sold to Nimrod Jackson 30 bushels of corn .26/bu        $13.00
Sold to Josheph Meadows 50 bushels of corn .26/bu       $13.00
Sold to Nimrod Jackson 30 bushels of corn .25 3/4 per bu $7.72
Sold to Aaron Horner 48 bushels of oats .20/bu           $9.70
Sold to James Nichols (?) 10 bushels of oats .20         $2.00
Sold to George Hoop 3 1/2 bushels oats .20                $.70
Sold to _____Parish 2 bushels of wheat .50/bu            $1.00
Sold to Thomas Parish 1 stack of hay                     $4.00
                                                        $77.62

Making the sum of seventy-seven dollars and sixty-two cents. and the eight bushels of poor wheat & 6 1/2 bushels of corn aforesaid the total amount received for the year 1844.
          This defendant further saith that on the sevent day of January 1845 the grain & hay ____ aforesaid was by him sold at _____ sale and a credit until the 25th day of December 1845 for which he holds the purchases notes the same not yet being ____.
          And the defendant further saith that all the charges & specification with bill of said complainants alledging that the said defendant has appropriated the proceeds of the rent of said farm to his own use. That he filed a full inventory with said court & that said inventory was for the purpose of defending said complainants. That the said defendant is insulted and embarrassed so that he cannot attend to the duties of his guardianship. And therefore he ought to be displaced by said court or that he has not faithfully attend to renting said ground & properly disposing of said rents to the best advantage & that he is not able & willing to account properly for the same. And all within matters & things contained & alledged in said bill of complaint not wherein answered said defendant utterly denies as this defendant knows & verily believes.
          All of which matters & things this defendant is verily and willing to aver maintain & prove as this honorable court shall ______ and ______ honorably prays to be herein __________ as to the said complainant bill, with his reasonable cost & charges in this behalf wrongfully sustained. And the said further answering saith that since the _________ of the said judgmentrefered to & mentioned in said bill and in the first part of this answer he has not received any goods on chattels moneys or effect rents or profits of said lands except these stated in this answer belonging to said plaintiffs.

/s/  William A. Doble

          Personally came into open court this 16th day of May 1845 the said William A. Doble who being duly sworn says that the written and heregoing answer and the matters and things therein contained are true.

/s/  William A. Doble

Sworn to and subscribed in open court before me this 16th day of May, 1845.

/s/  J. Vernon Polk

~~~~~~~~~~~~~~~

Fanslers
vs
Doble
_______


Notice to take
depositions
~~~~~~~

[inside]
William A. Doble

          You will take notice that on Tuesday the first day of July A.D., 1845 between the hours of eight O’clock in the morning and six O’clock in the evening of said day before James B. Holmes a Justice of the Peace in and for the county of Shelby in the State of Indiana at his dwelling house in Moral Township of said county we shall take the deposition of  George Yoke  Jackson Plummer  Pinkney Means  William Hibler and others and will continue from day to day to take said depositions until all are taken which depositions when so taken are to be read in and as evidence in and upon the trial of a certain chancy cause now pending in the Probate Court of Shelby County in and for the said County of Shelby in the State of Indiana in which said chancy said we complainants and you are defendant at which time and place you may attend and put interrogations if you think proper. June 17th, A.D., 1845.

/s/  Mary E. Fansler        
Adam Wright Fansler
William D. Fansler   
Plaintiffs by Mary Fansler,    
their next friend

Wright & Hendricks,
     Attys for complainants

The within notice was served by me by sending and delivering a copy thereof to the said William A. Doble on the 18th of June A.D., 1845.

/s/ Alexander Miller, Sheriff S. C.
by Wm G Capp  Deputy

    Sheriffs fees
Serving Notice  .37-1/2
Copy            .12-1/2
Mileage         .75
Return          .10
    Total      1.35

~~~~~~~~~~~~~~~

          The following are the depositions of  George Yoke,  Jackson Plummer,  Henry L. Pope,  William W. Wilson,  Archibald Mann,  Thomas Pinkney Means,  and  William Hibler of the County of Shelby in State of Indiana taken within first day of July, 1845 between the hours of ten o’clock A.M. and six o’clock P.M. of said day at the office of James B. Holmes, Esq., pursuant to the enclosed notice to be used in evidence in a cause in chancery now pending in the Probate Court of Shelby County aforesaid between Mary E. Fansler, Adam W. Fansler, William D. Fansler complainants by Mary Fansler, their next friend and William A. Doble, defendant, as follows.

          The said George Yoke being duly sworn doth depose and say to the following interrogations, to-wit:
1. Question by Complainants counsel:  Are you acquainted with the parties to this suit?
Answer by Deponent:  I am.
2. Question by same:  Are you acquainted with the lands belonging to the said complainants to-wit the east half of the north east quarter of section 35, township 14, north of range 5 east and the west half of the north west quarter of section 36, same township and range. If so, state if you know to whom the same was rented by William A. Doble for the year 1843 and upon what he received for the same, whether he received money or grain, if grain what kind and how much and whatever else you know about it.
Answer by the deponent:  I am acquainted with the lands above described and Wm. A. Doble rented said lands to me except the four acre lot of cleared land in the complainants bill mentioned. I was to pay twelve bushels of corn per acre for the corn ground and two sevenths of the wheat and oats thrashed and cleaned the corn. I was to deliver in the crib on said farm and the wheat and oats where it was got out Doble estimated the corn ground at upwards of thirty acres and I paid the rent that I agreed to on that number of acres I put the corn in to the crib three-hundred and sixty-five bushels late in the fall of 1843.  This corn was measured in a wagon and the wagon measured by a barrel and the barrel shelled and measured by a half bushel.  I believe the corn was correctly measured.  Jackson Plummer was present when said corn was measured all except twelve bushels which Garet Snodgrass saw measured afterwards.  I notified Doble to come and see said corn measured, but he did not come until said corn was measured.
3. Question by complainants counsel:  What, if anything, have you heard Wm. A. Doble say about the rent that he received from Garet Snodgrass for the same lands for the year 1844 and what, if anything, _____ did he say about having received _______ for the rent of said lands over and above the grain rent?
Answer by deponent:  Some time in the fall of 1844, probably in October, I, in the presence of Garet Snodgrass, heard Wm. A. Doble say he had rented said farm to Snodgrass for third and a premium of ten dollars.
1. Question by defendant:  Do you think that the corn would shrink after it was put in the crib?
Answer by deponent:  I suppose it would shrink some but not as much as some other for this was put up late and out of the best corn on said farm that year.
2. Question by defendant:  Do you know there was a great many rats about said crib that year?
Answer by deponent:  There was a great many.
Last question and answer objected to.

/s/ George W. Yoke

          The said Jackson Plummer being duly sworn doth depose and say to the following interrogations as follows, to-wit:
1. Question by complainants counsel:  do you know anything about the measuring of corn which George Yoke was to give to William A. Doble for the rent of the land of farm for the year 1843, and if you do, state how much was measured and put into a crib and whether you assisted at the same and whether the corn put into the crib was good corn or not.
Answer by deponent:  I assisted in measuring all the corn except twelve bushels which Doble received for rent from George Yoke for the year 1843. I do not know the amount put in the crib but it was the amount agreed upon by Doble and Yoke. The corn was as good an any corn I saw that year but none was first rate. I do not recollect the exact amount but, there was upwards of three-hundred bushels. I heard Doble say that that was the amount except twelve bushels.
2. Question by complainants counsel:  What did you hear William. A. Doble say, at the time of taking these depositions, as to the amount of corn he received of George Yoke for the said year, 1845?
Answer by deponent: I heard Doble say that he took the corn for three-hundred and sixty-five bushels and he believed there was that much corn.

/s/ Jackson Plummer

          Henry L. Pope, being first duly sworn doth depose and say to the following interrogatories as follows, to-wit:
1. Question by complainants counsel:  State what, if anything, you know about Wm. A. Doble selling the corn belonging to the Fansler heirs, complainants to this suit, at public sale, in the last of 1843 - or first of 1844, if so, how many persons were present at such sale, and state if you bid off any corn at such sale, at what price how much corn you bid off and did you afterwards receive -- and what did you have to give said Doble for said corn -- state if the neighbors generally knew of such sale -- and state if you know what corn sold for near then at the sale of the goods of John Means, deceased, shortly afterwards.
Answer by deponent:  I believe that Doble sold said corn in the later part of January 1844.  I believe there was some six or seven persons present at said sale and the corn was sold fifty bushels in a lot.  I bought one lot of fifty bushels at twelve and a half cents per bushel.  I received thirty bushels of said corn and when I come to give my note for said corn, Doble asked more for said corn and we settled by my giving Doble fifty cents more for the corn than I bid off at John Means’ sale was on the 7th or 8th of Feb. 1844 and I understood that corn there sold for from 20 to 25 cents per bushel.  I believe that I made an advertisement of the sale of said corn.

/s/  H. L. Pope

          William W. Wilson, being first duly sworn doth depose and say to the following interrogatories as following, to-wit:
1. Question by complainants counsel:  Do you know anything as to the price of oats in the fall of the year 1843 or the winter following and particularly what they were worth in February, 1844?
Answer by Deponent:  I do not know what oats were worth in the fall of 1843.  I paid in Feb. & March following sixteen & sixteen and two thirds cents per bushel for oats in cash and could not get them any lower.  Doble offered to deliver oats at Pleasant View for 20 cents per bushel some time in March.

/s/  W. W. Wilson

          Archibald Mann, being first duly sworn on oath, doth depose and say to the following interrogatories as follows, to-wit:
1. Question by complainants counsel:  State what, if anything, you know about William A. Doble selling the corn belonging to the Fansler heirs, complainants in this suit, at public sale during the month of January, 1844, and whether you purchased any and, if so, how much you got. If you did not get any corn, what was the reason you did not get it.
Answer by deponent:  I did attend the sale and Nathaniel Vise bid off one-hundred and fifty bushels of corn for himself and me and at twelve cents per bushel.  I did not bid myself but I was to have had one-hundred bushels of said corn some days after the sale.  I understood by N. Vise that Doble asked fifteen cents for the corn and I was not willing to give that price so I got no corn.  I considered that 15 cents was cheaper than I could get corn elsewhere but I would not gratify Doble to give him that price.  I think the credit proposed by the advertisement was nine months, but Doble agreed to extend it to twelve months if they would bid a fair price.  I believe that at nine months credit, the corn would not fetch more than 8 or ten cents per bushel.

/s/  Archibald Mann

          Thomas Pinkery Means, being duly sworn upon oath, doth depose and say to the following questions as follows, to-wit:
Question by complainants counsel:  State if you know for what corn sold during the winters of 1843 & 1844 -- and what at those times was it worth in neighborhood _____ Sugar Creek from Doblestown.
Answer by deponent:  About the last of December 1843, I bought corn in that neighborhood for 20 cents per bushel from two different person.  I think that was the customary price in that neighborhood that winter.  I speak of the neighborhood where Fansler’s heirs land lies.

/s/  Thomas P. Means

          William Hibler, being first duly sworn upon oath, doth depose and say to the following interrogatories as follows, to-wit:
1. Question by complainants counsel:  State if you know anything as to William A. Doble selling a haystack belonging to the Fansler’s heirs, complainants in this suit, in the winter of 1844, if so, to whom was it sold and for how much was it sold, also state if you know what was the price of corn during the winter aforesaid, and also of oats, if you know.
Answer by deponent:  I bought said haystack from Doble and paid him twenty bushels of corn.  I had been selling corn at twenty cents per bushel.  I bought the haystack about the first of January 1844.  I live three-fourths of a mile from the Fansler farm.  I sold several lots of corn that winter at 20 cents per bushel.  I knew three of my neighbors to sell at the same price.  I considered that to be the selling price in that neighborhood that winter.
2. Question by same:  State if you know at what time Joseph C____ delivered the 25 bushels of oats mentioned in the Bill of complaint and defendants answer, as part of the rent of the sad 4 acres lot of cleared land for the year 1843 to the said William. A. Doble.
Answer by deponent:  I do not exactly recollect the time I think it was the last of the winter or first of the spring of 1844.
3. Question by complainants counsel:  What did you hear Wm. A. Doble say about the first of 1844 he had been giving for corn.
Answer by same:  Sixteen and two-thirds cents.
Objected to all the questions answered by Hibler by Doble.
1. Question by defendant:  Are you not a brother-in-law to Mary Fansler?
Answer by deponent:  I am.
2. Question by defendant:  Did you not feel displeasure at me because you did not get the haystack this spring?
Answer by deponent:  I was not displeased at the price of the haystack, but I was displeased at your conduct.
3. Question by defendant:  What did you tell me the haystack was worth this spring. *This question objected to by complainants counsel.
Answer by deponent:  If this stack is worth no more than the other it was only worth two dollars.
4. Question by defendant:  Did you think I acted mean about that haystack?
Answer by deponent: I did and do, yet.
5. Question by same:  Did you not examine the haystack before you bought it?
Answer by deponent:  I examined it slightly and took  Thomas Parish’s word for it for he said it was good hay and it was not, but Doble never returned me any of the price that I gave him for the hay.
Question by same:  Do you not think that when you offered me two dollars and fifty cents for the haystack this spring, it was the full worth of it.
Answer by same:  I considered it worth $3.50.

/s/  William Hibler

State of Indiana X
Shelby County X
          I, James b. Holmes, a Justice of the Peace, in and for the County aforesaid, do hereby certify that the above named George Yoke, Jackson Plummer, Henry L. Pope, William W. Wilson, Archibald Mann, Thomas Pinkney Means and William Hibler were by me duly sworn according to law to testify the truth the whole truths and nothing but the truth as witnesses in this above named cause, to-wit the cause now pending in chancery in the Probate Court of Shelby County in the State of Indiana wherein Mary E. Fansler, Adam Wright Fansler, and William D. Fansler by Mary Fansler, their next friend, are complainants and William A. Doble is defendant and the foregoing depositions by them subscribed, were by me reduced to writing and the deposition of each witness was each one respectively subscribed in my presence after having been read over by me to the witnesses severally to them, that the same contain the testimony fully and entirely as given in by the witnesses.  That the said depositions were taken and made written and subsc4ibed on this the first day of July in the year, 1845, and that William A. Doble, the defendant in the aforesaid cause, was present during the taking of the aforesaid depositions and that the said depositions were taken and made as offered on the day and year aforesaid between the hours of eight o’clock in the morning and six o’clock in the evening at said day, at my dwelling house in Moral township, Shelby County, in the State of Indiana in pursuance of the enclosed notice.  In testimony, whereof, I have hereunto lit my hand and affixed my seal as Justice of the Peace as aforesaid on this first day of July A.D. 1845, in Moral Township, County aforesaid.

/s/  James B. Holmes

Justices costs in above Witness fees:
Subpoena                   $    .25
George Yoke                $    .25
Swearing of Witnesses           .43-3/4
Jackson Plummer                 .25
writing the above Henry L. Pope .25
one-thousand words             1.25
Wm. W. Wilson                   .25
mileage to file depo.           .48
Archibald Mann                  .25
                                     $2.41 3/4
Thomas P. Means                 .25
Wm. Hibler                      .25
                                     $1.75
Constables Cost:               1.49-1/2
G. W. Hoop                     2.41-3/4
Serving Subpoena           $   1.49-1/2
                           $   5.66-1/4

~~~~~~~~~~~~
Wm A Doble
abs
Fansler's heirs
Depositions


Filed in Open Court
August 15th 1845
J Vernon
Clk

~~~~~~~~~~~~~~

          The following is the deposition of  Garret Snodgrass  taken before  Patrick  Catterson  a Justice of the Peace for Franklin Township, Marion County, Indiana at his office therein to be read as evidence in the trial of a certain suit in Chancery depending in the Probate Court of Shelby County, Indiana. Where Mary Eliza Fansler, Adam W. Fansler & William D. Fansler by Mary Fansler, their next friend are complainants and William A. Doble is Defendant taken betw3een the hours of 4 and 9 P.M. on the 13th day of August, 1845.

Garret Snodgrass, being of lawful age and duly sworn deposes to the following questions as follows, to-wit:
Question by defendant.   Are you acquainted with the parties to this suit and with the land of the said complainants, if so state what was the amount of corn which said William A. Doble Realized for the rent of the cleared land belonging to said complainant for the year 1843 and the value thereof.
Answer  I am acquainted with the parties and said Doble employed me to measure the corn after it was sold and I assisted in measuring all the corn except 12 or 15 bushels and the whole made 279 or 289 bushels including the foregoing 12 or 15 bushels . Said Doble did not attend to the measuring of the corn but depended on me to do it and paid me for the same I have bought and sold corn and I measured the corn as if I was buying or selling for myself. I also state that corn was offered to me at the same time and place at 12 1/2 cents per bushel, therefore, I did not consider corn to be worth more and I bought corn at the sale at 12 1/2 cents per bushel. I also know that said Doble bought corn of the same Crop from George Yoke at 12 1/2 Cents per bushel.
Question 2nd by Defendant.  What do you know about the shrinking or wasting of the corn after the same had been cribbed.
Answer  I know that the Corn was Damp when Cribbed and I believe that it would shrink a good deal and the rats were very numerous and destroyed a quantity. I do not know what they proportionable

Carried over

losses were but I know that the Corn only measured out what I before stated.
Question 3 by Defendant  What was the understanding about the $10.00 premium
Answer.  When I got out my wheat Crop it turned out so poorly that I told said Doble that I thought he should not exact the ten dollars and he said that if it was his own he would not and he thought that I should not pay it as it was a bad crop year.

/his mark/  Garret Snodgrass

Sworn to and subscribed before me this 13th day of August, 1845.

/s/  Patrick Catterson,    
Justice of the Peace

State of Indiana
Marion County              I, Patrick Catterson, a Justice of the Peace for Franklin Township in Said County, do hereby certify that the foregoing Deposition was Duly taken before me and by me, put to writing and the same was signed in my Presence and sworn thereto by said witness at my office in said township on the 13th day of August, 1845 between the hours of 4 and 9 PM of said day
Given under my hand and seal this thirteenth day of August, 1845.

/s/  Patrick Patterson,    {seal}  
Justice of the Peace

~~~~~~~~~~~~~~~~~~~~

The following are the depositions of  Nathaniel Vise taken before James B. Holmes, a Justice of the Peace for Moral Township, Shelby County, Indiana at his dwelling therein to be used as evidence in the Probate Court of Shelby County Indiana wherein Mary E. Fansler, Adam W. Fansler, & William D. Fansler by Mary Fansler, their next friend, are complainants and William A. Doble is defendant taken between the hours of 8 o’clock A.M. and 4 o’clock P.M. on the thirteenth day of August, 1845.  Nathaniel Vise being of lawful age and duly sworn deposes to the following questions as follows, to-wit:
Question by Defendant:  Are you acquainted with the parties to this suit and any of the circumstances relating thereto?
Answer:  I am
Question: Do you know anything of Doble making a sale of the corn that was raised on the farm of Fansler heirs in the year 1843? If so, what do you know of it?
Answer:  I do know that Doble sold said corn at public sale to the highest bidder and it was advertised ten of fifteen days and I attended the sale and bought three lots of corn of fifty bushels each at ten and twelve cents per lot when added together averaged eleven cents.
Question:  Do you believe that Doble used the necessary industry to get a fair price for said corn?
Answer:  I do for he cried the first lot a considerable time and the highest bid was eight cents per bushel and he stopped and stated that that would not do and proposed if the people would bid a fair price he would extend the credit.
Question:  Do you know what was the selling price of corn in that settlement at the time of the sale of said corn?
Answer:  I do for we talked about the price of corn at said sale and several said that they could buy corn at ten cents per bushel and I was offered corn about that time at ten cents and we concluded that we could not afford to give more than twelve cents per bushel on a twelve month credit.
Question:  What do you know about the condition of said corn and also the appearance of its being destroyed?
Answer:  I know that George Yoke told me that said corn was gathered and he was hunting Doble to receive said corn about ten days or two weeks before the usual time of gathering corn and I told Doble that corn gathered as soon as that would certainly shrink considerably and when I went to the sale I found it so, and also there was a great appearance of the corn being destroyed by rats. The corn had the appearance of being gathered and thrown in the crib without being sorted corn was that year not as good as other years before and since.
Question:  Do you know anything about Wm. Hiblers buying a haystack from Wm. A. Doble that was raised in the year 1843 on the farm of Fansler heirs and if so, what do you know about it?
Answer:  I heard them braiding about said haystack and Doble asked him two dollars and fifty cents for said stack in money and Hibler said he would not give money at all for he did not think it was worth that much but he would give him sixteen bushels of corn. Doble seemed unwilling to take corn but finally agreed to take sixteen bushels of corn for said haystack, at twelve and a half cents per bushel.

/s/   Nathaniel Vise

State of Indiana
Shelby County
          I, James B. Holmes, a Justice of the Peace, in and for Moral township in said County do hereby certify that the foregoing deposition were duly taken before me and by me put to writing and the same were respectfully signed by said witness in my presence and sworn thereunto at my dwelling in said township on this thirteenth day of August 1845.  Given my hand and seal this thirteenth day of August, 1845.

/s/  James B. Holmes
Justice of the Peace

Justices Costs
Subpoena            .25
Sd Witness            6-1/4
writing deposition  .75
     total         1.06 1/4

~~~~~~~~~~~~~~~~~~~~

William Hacker
Receiver

Exhibit


Filed in open Court   
November 12th 1845
         J Vernon
                             Clk
~~~~~~~

[inside]
State of Indiana   X
                              X SS: Shelby Probate Court November Term 1845
Shelby County     X

William Hacker the receiver appointed by this Honorable Court at its last term in the Estate of minor heirs of William Fansler, deceased, would respectfully report to this court that since his appointment as aforesaid he has received from William A. Doble, late guardian of minor heirs, the sum of $325.00  Of which he has loaned to William Haskin, secured by Mortgage on real estate as also by note with William E. Sargent as personal security which said mortgage and note is here now brought in to Court, the sum of $300.00.

/s/  William Hacker

~~~~~~~~~~~~~~~~

Original Affidavit made out by the probate judge

filed November 14, 1845.
J. Vernon, Clerk

[inside]
Amt received from Admin.             $515.45
Rent for 1837 - forty acres           100.00
Rent for 1837 - 4 acres                10.50
Rent for 1838 - 40 acres               80.00
Rent for 1838 - 4 acres                11.25
Rent for 1839 - 40 acres              129.75
Rent for 1839 - 4 acres                 4.37
Rent for 1840 - 40 acres               96.50
Rent for 1841 - 44 acres              120.00
Rent for 1842 - 44 acres               90.00
Interest on $515.45 for 6 yrs @ 10%   399.27
Interest on $110.50 for 53 mos. @ 10%  48.80

           TOTAL                    $1515.89

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