Dianah
Mortimer et al
vs
Indiana Fairbanks et al
PETITION FOR PARTITION
Dianah Mortimer et al
VS
Indiana Fairbanks et al
Received for Record May 28th 1868 at 2 O’clock P.M.
Recorded in Record II page 115 & 116 & 117
C. Bishop R.S.C. Fee Book 6 Page 468
Pleas before the Honorable Oliver J. Glessner Judge of the Court of Common
Pleas of the County of Shelby in the state of Indiana, at a Term thereof, begun
and held at the Court House in said County and State, on Monday, the Second day
of March, A.D. 1868
Dianah Mortimer, Hannah Murphy, Mary E. Wyant,
Sarah Bales, Isaac Shaw & Townsend L. Shaw
VS
Indiana Fairbanks, Scena Arnold, Emeline McDonald, John J. Palmerton,
Erastus Palmerton, Hannah Lantz, Helen Palmerton, Benjamin Lawson et al
Be it Remembered, That on the Seventh day of March A.D. 1868, the Plaintiff
in the above entitled cause, by following proceedings were had in the above
entitled cause towit:
Now comes into Open Court Richard Norris, and W.C. E. Wanee, two of the
Commissioners heretofore appointed by this Court to make Partition of the Real
Estate set forth and described in said Petition, and former order of Court,
among the above named parties, and file the Oath taken and Subscribed by them,
which reads as follows to wit (here insert it) And said Commissioners now file
and acknowledge in Open Court their Report of Partition herein, which reads in
the words and figures following towit:
We the undersigned Commissioners appointed at the November Term 1867, of the
Court of Common Pleas for Shelby County and State of Indiana to make partition
of the Real Estate described in the Order of Partition, to us issued by the
Clerk of said Court, having taken the oath required by law, and having viewed
the premises described in said Order do proceed to set apart the same, to the
said parties in the following proportion to wit:
To the said John Palmerton, his portion described as follows to wit:
Beginning at the South East corner of the West half of the South West Quarter of
Section (18) Eighteen, Township Thirteen (13) North Range (6) Six East, and
running thence West to the Range line No. Five; Thence South (55) Fifty five
links, Thence West to the middle of the Bluff road; Thence North westwardly
along the middle of said road (7.58) Seven chains and fifty eight links. Thence
East to the East line of said West half of the South West Quarter of said
section (18) Eighteen, Township and Range aforesaid: Thence South (6.13) Six
chains and thirteen links, to the place of beginning, Containing (20.65A) Twenty
Acres and Sixty five hundredths more or less
To the said Harvey Palmerton his portion described as follows To-wit:
Beginning at a point (6.13) Six and 13 /100 chains North of the South East
Corner of the West half of the South West Quarter of section (18) Eighteen,
Township (13) Thirteen, North of Range (6) Six East, and running thence West to
the middle of the Bluff road; thence North westwardly along the middle of said
road, (6.35) Six and 35/100 chains; Thence East to the East line of said West
half of the South West quarter of said Section, Township and range aforesaid;
Thence South (5.60) Five and 60/100 chains to the place of beginning containing
(20A) Twenty acres, more or less.
To the unknown Heirs of Charles Palmerton their portion jointly
described as follows to-wit: Beginning at a point (11.73) Eleven and 73/100
chains North of the South East corner of the West half of the South West Quarter
of section (18) Eighteen Township (13) Thirteen North, Range (6) Six East and
running thence West to the middle of the Bluff Road, Thence North Westwardly
along the middle of said road (3.34) three 34/100 chains to the middle
of the West line of the East half of the South East Quarter of Section
(13) Thirteen, Township (13) Thirteen North Range (5) Five East. Thence North
44/100 chains, Thence East to the East line of said West half of the South West
Quarter of said Section, Township and Range aforesaid. Thence South (3.27) Three
and 27/100 chains, to the place of beginning, containing (12.50A) Twelve and
fifty hundredths acres, more or less
Also the following described tract of land towit: Beginning at a point
(13.60) Thirteen and 60/100 chains West of the South East corner of section (12)
Twelve, Township (13) Thirteen North, Range (5) Five East and running thence
East North (15.80) Fifteen and 80/100 chains: Thence West to the west Bank of
Big Sugar Creek (13.45) Thirteen 45/100 chains; Thence South along said West
Bank of said Creek (1.43) One and 43/100 chains; Thence East (7.70) Seven 70/100
chains to the section line; Thence South (14.37) Fourteen and 37/100 chains to
the Section line; Thence East (4.75) Four and 75/100 chains to the place of
beginning (8.60A) Acres, more or less.
To the said Homer Palmerton his portion described as follows to-wit:
Beginning at a point (15.00) fifteen chains North of the South East corner of
the West half of the South West Quarter of Section (18) Eighteen Township (13)
Thirteen North Range (6) Six East, and running thence West to the West line of
the East half of the South East Quarter of Section (13) Thirteen, Township (13)
thirteen North Range (5) Five East, Thence North (3.08) Three and 8/100 chains;
Thence East to the east line of the West half of the South West Quarter of
section (18) Township (13) thirteen North Range (6) Six East, thence South
(3.08) Three and 8/100 chains to the place of beginning, Containing (12) Twelve
Acres more or less. Said tract contains the Dwelling House.
To the said unknown Heirs of Daniel Palmerton jointly their portion
described as follows to wit: Beginning at a point (18.09) Eighteen and 8/100
chains North of the South East corner of the West Half of the South West Quarter
of section Eighteen (18) Township (13) North of Range (6) Six East, thence West
to the West line of the East half of the South East Quarter of section (13)
Thirteen, Township Thirteen (13) North of Range (5) Five East, Thence North
(4.62) Four and 62/100 chains. Thence East to the East line of the West half of
the said South West Quarter of section (18) Eighteen Township (13) Thirteen
North of Range (6) Six East. Thence South (4.62) four and 62 /100 chains, to the
place of beginning containing (18A) Eighteen Acres, more or less. This said
tract contains the Barn.
To the said Flora Wood and James Wood jointly their portion described
as follows towit: Beginning at a point (22.70) Twenty two &.70/100 chains
North of the South East corner of the West Half of the South West Quarter of
section (18) Eighteen, Township (13) thirteen North of Range (6) Six East, and
thence West to the West line of the East half of the South East Quarter of
Section (13) thirteen, Township (13) Thirteen North Range (5) Five
East. Thence
North (5.25) Five and 25/100 chains. Thence East to the East line of the West
Half of the South West quarter of said Section (18) Eighteen Township (13)
Thirteen North Range (6) Six East. Thence South (5.25) Five and.25/100 chains to
the place of beginning. Containing (20.50) Twenty and 50/100 Acres more or less.
To the said Dianah Mortimer, her portion described as follows, towit:
Beginning at a point (27.95) Twenty Seven and 95/100 chains, North of the South
East Corner of the West Half of the South west quarter of section (18) Eighteen,
Township (13) Thirteen North Range (6) Six East. Thence West to the West line of
the East half of the South East Quarter of Section (13) Thirteen Township (13)
Thirteen North Range (5) five East. Thence North (5.25) Five and 25/100 chains.
Thence East to the East line of the West half of the said South west quarter of
said section (18) Eighteen, Township (13) Thirteen North. Range (6) Six East.
Thence South (5.25) Five and 25/100 chains to the place of beginning. Containing
(20.50) Twenty and 50/100 acres more or less.
To the said Hannah Murphy her portion described as follows towit:
Beginning at a point (33.20) Thirty three and 20/100 chains. North of the South
East corner of the West half of the South West Quarter of Section (18) Eighteen,
Township (13) Thirteen North Range (6) Six East. Thence West to the West line of
the East half of the South East quarter of Section (13) Thirteen, Township (13)
Thirteen North Range (5) five East: Thence North (5.25) Five and 25/100 chains.
Thence East to the East line of the West half of the South west Quarter of said
Section (18) Eighteen, Township (13) Thirteen North Range (6) Six East Thence
South (5.25) Five and 25/100 chains to the place of beginning Containing
(20.50A) Twenty and 50/100 chains Acres more or less.
To the said Mary E. Wyant, her portion described as follows towit:
Beginning at a point (38.45) Thirty Eight and 45 /100 chains. North of the South
East corner of the West half of the South West Quarter of section (18) Eighteen
Township (13) Thirteen North Range (6) Six East. Thence West to the West line of
the East half of the South East quarter of Section (13) Thirteen Township (13)
Thirteen North Range (5) Five East. Thence North (5.25) five and 25/100 chains.
Thence East Thence East to the East line of the West Half of the South West
quarter of said Section (18) Eighteen in Township (13) Thirteen North Range (6)
Six East: Thence South (5.25) Five and 25/100 chains To the place of beginning.
Containing (20.50A) Twenty and 50/100 Acres, more or less.
To the said Indiana Fairbanks, Srena Arnold, Emeline McDonald, John J.
Palmerton, Erastus Palmerton, Hannah Lantz, Helen Palmerton and Benjamin Lawson,
Almeda Lawson, John Lawson, Ermina Lawson, Edy Lawson and Emma Lawson (Heirs
of Amanda Lawson deceased) jointly the following described tract of land
as their portion of said Real Estate, towit: Beginning at a point (43.70) Forty
three and 70/100 chains North of the South East Corner of the West half of the
South West Quarter of section (18) Eighteen Township (13) Thirteen North Range
(6) Six East. Thence West to the West line of the East Half of the North East
Quarter of section (13) Thirteen Township (13) Thirteen North Range (5) Five
East, Thence North to the North Wet corner of Eighteen Acres set off to Hannah
Palmerton September 1858 off of the South end of the East Half of said North
East Quarter of Section (13) Thirteen Thence East to the North East corner of a
tract of Eighteen acres heretofore set off to Hannah Palmerton September 1858,
off of the South end of the West half of the North West Quarter of section (18)
Eighteen Township (13) Thirteen North Range (6) Six East. Thence South to the
place of beginning. Containing (22A) Twenty two acres, more or less.
To the said Sarah Bales, Isaac Shaw and Townsend L. Shaw jointly their
portion described as follows towit: Beginning at the South East corner of
Section (12) Twelve, Township (13) Thirteen North Range (5) Five East and
running thence North (15.80) fifteen and 80/100 chains, Thence West (13.60)
thence South (15.80) Fifteen and 80 chains/100 Thence West (13.60) Thirteen and
60/100 chains Thence South (15.80) Fifteen and 80/100 chains to the Section
line. Thence East (13.60) Thirteen and 60/100 chains to the place of beginning.
Containing (21.50) Twenty one and 50/100 Acres more or less.
For further information to all parties interested, we annex the accompanying
Plat of this out Partition, and make it a part of our Report filed herewith.
 |
|
Sarah Bales
Isaac and
Townsend Shaw 21.50A |
|
|
|
Indiana Fairbanks & others
22A |
|
Mary E. Wyant 20.50A |
|
Hannah Murphy 20.50A |
|
Dianah Mortimer 20.50A |
|
Flora Wood
James Wood 20.50A |
|
Unknown heirs of Daniel
Palmerton 18A |
|
Harvey Palmerton 12A |
|
Unknown heirs of Charles Palmerton |
|
Harvey Palmerton 20A |
|
John Palmerton 20.65A
|
|
|
|
All of which is respectfully submitted to the Court this March 7, 1868
Richard Norris W.C.E. Wanee
The State of Indiana
Shelby County SS:
I, Jacob G. Wolf, Clerk of the Court of Common Pleas of said County, hereby
certify the foregoing to be a full, true, correct and complete transcript of the
record of the proceedings and judgment of said Court in the above entitled
cause.
Witness my hand, and the Seal of said Court, at Shelbyville, this 20th day of
May, A.D. 1868.
J.G. Wolf Clerk
By J. K. Scott Deputy
Transcribed by Barb Huff
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