Shelby
County, Indiana
Deeds
David Powell
R.E. #20
Abstract of Title
543 Taylor
Prepared by
Hale & Hale, Inc.
Shelbyville, In
Frank Hale, President
Robert I. Hale, Secretary
This company owns the “H. H. Daugherty” Plant – “The Only
Plant” – and are making it second to none in the state.
It has stood the test for more than thirty-five years.
Page 1
An abstract to title of the following described real estate
situate in Shelby County, Indiana, to wit:
Lot #22 on
Taylor Street in John C. Deprez Addition to the city of Shelbyville.
Page 2
The United States of America To Pars Shearer.
Entry: Dated March 10, 1821
Recorded in
Tract Record 1 Page 46
For: The west half of the north east quarter of
section 6 in township 12 north of range 7 east, containing 62.76 acres.
Page 3
John Sheddrick and Rebecca Ann Sheddrick, his
wife, of Dearborn County, Indiana, Elias Milliken and Amy Milliken,
his wife, of Decatur County, Indiana.
Convey
and Warrant to
David Montgomery, of Shelby County, Indiana.
Warranty
deed. Dated February 26, 1845 $1500
Recorded
October 31, 1845 in Deed Record “L” page 223
Acknowledged
before Daniel Barker, J. P. Decatur Co., Indiana by Sheddricks
For: -
The west half of the north east
quarter of section 6 in township 12 north and range 7 east. (And other lands) DEED RECITES: - That the said Rebecca Ann Sheddrick was
the daughter of Pars Shearer and the owner of said lands in fee simple
and that Amy Milliken was the widow of Pars Shearer and the owner
of the dower of said lands.
Page 4
IN RE ESTATE OF DAVID MONTGOMERY, DECEASED
Application and appointment of Jacob Vernon as
Administrator September 21, 1847 P.O.B. “D” page 51
Bond $8000, filed and approved.
Final report filed and approved March 21, 1861 P.O.B. 3 page 56
Page 5
Margaret Montgomery } Petition for assignment of
Eliza Montgomery, John Montgomery, } Probate Ct. Oct. 18, 1847
James Montgomery and } Complete
Record “E” pg
Margaret Montgomery, Jr. } 202
Petition
alleges that David Montgomery departed this life in testate in September
of 1847, leaving surviving him as his heirs the said Margaret as his widow, and
the four defendants as his children.
That at the time of his death said decedent was the owner in fee simple
of the west half of the north east quarter of section 6 in township 12 north of
range 7 east, (and other lands). That
petitioner is entitled to her dower interest therein and asks that said west
half of the north east quarter of said section 6 and other lands, containing
all of 100 acres, be so set off to her.
Court finds
for petitioner and appoints William Rook*, William Hacker and Jacob Kennerly,
commissioners to so assign said dower to said Margaret.
* This is probably Rock - PMF
Page 6
REPORT OF COMMISSIONERS: -
On February 12, 1848: -
Come now
said commissioners and make the following report: -
We the
undersigned commissioners appointed by the court at its last term to assign and
set over to Margaret Montgomery her dower of, in and to the real estate
of David Montgomery, deceased, as described in said order and due
deliberation being and thereon we have assigned and set over to the said Margaret
Montgomery as her full dower in and to said real estate the following
described tracts of land, to wit: - The west half of the north east quarter of
section 6 in township 12 north and range 7 east, and other lands, it being the
one-third part in value of the real estate of said David Montgomery,
deceased, as set forth in said order.
All of which is respectfully submitted.
Jacob
Kennerly
William
Hacker
Commissioners.
Which report is approved by the Court.
Page 7
James K. P. Montgomery, (no wife joins) of Shelby
County, Indiana
Conveys and Warrants to
John L. Montgomery, of Shelby County, Indiana
Warranty
Deed. Dated March 7, 1861 $3000
Recorded
March 7, 1861 in Deed Record “HH” page 147
Acknowledged
before John C. Green, N.P. Shelby Co., Ind.
For: -
The undivided one-fourth part of: -
The west half of the north east quarter of section 6 in township 12 north and
range 7 east, containing 80 acres. (And other lands)
Page 8
Eliza J. Torrence and William Torrence, her
husband, of Fulton County, Indiana
Convey
and Warrant to
John L. Montgomery, of Shelby County, Indiana.
Warranty
Deed. Dated March 12, 1861 $1000
Recorded
March 14, 1861 in Deed Record “HH” page 199
Acknowledged
before H. M. Bliss, Recorder of Cass Co., Indiana.
For: -
The undivided on-fourth part of: -
The west half of the north east quarter of section 6 in township 12 north and
range 7 east, containing 80 acres. (And
other lands)
Page 9
Margaret Montgomery
To
Joseph K. Righter
Marriage. License issued June 1, 1860
Married
June 30, 1860 by J. M. Sleeth, Judge
Marriage
record 1856 – 1860 page 435
Page 10
IN RE ESTATE OF JOSEPH K. RIGHTER, DECEASED
Application and appointment of Jonathan K. Righter as
administrator March 22, 1861 P.O.B. 3,
page 566
No final report.
This estate is shown to show that Margaret M. Righter
was a widow and unmarried on August 7, 1865.
Page 11
Margaret M. Righter, (no husband joining) of Shelby
County, Ind.
Convey and Warrants to
John L. Montgomery, of Shelby County, Indiana.
Warranty
deed. Dated August 7, 1865 $2500
Recorded
August 26, 1865 in Deed Record “QQ” page 8
Acknowledged
before Francis M. Conner, N. P. Shelby County, Ind.
For: -
All of grantor’s interest in and to
section 6 in township 12 north of range 7 east.
Page 12
IN RE ESTATE OF JOHN L. MONTGOMERY, DECEASED
Application and appointment of Isaac H. Wilson as
administrator
July 3, 1871
P.O.B. 10 page 230
Bond filed and approved.
Final settlement made November 11, 1875 P.O.B. 14 page 288
Page 13
IN RE GUARDIANSHIP OF MARY R., JOHN L., HORACE AND WALTER
S. MONTGOMERY, MINOR HEIRS OF JOHN L. MONTGOMERY, DECEASED.
Application and appointment of Mary Montgomery as
Guardian May 28, 1873.
Bond $2000 filed and approved.
Petition to lay out real estate into town lots filed and
granted May Term 1873.
Final report filed and approved and Guardian discharged.
Page 14
Mary Montgomery }
Complaint for partition
Vs. } Filed in Shelby Circuit
Mary R. Montgomery, John L. Montgomery, } Court
April 28, 1873
Horace Montgomery and Walter S. Montgomery.
Complete Record “I’ page 501
Petition
alleges that John L. Montgomery, deceased, was in his life time and at
the time of his death the owner in fee simple of the west half of the north
east quarter of section 6 in township 12 north and range 7 east, except: - Commencing in the center of the Shelbyville
and Marietta Turnpike Road, where the same crosses the west line of said tract
and running thence in a north easterly direction along the center of said road
15 rods, thence in a northerly course and at right angles to said road 35 rods
more or less to the west line of said tract, thence south to the place of
beginning. Also: - All that part of the east half of the north
east quarter of section 6 in township 12 north of range 7 east, which lies west
of the Shelbyville and Columbus Turnpike rods and north of the Shelbyville and
Smithland Turnpike road, and south of the western extension of Hendricks Street
to the west line of said tract, containing 2 acres, more or less. That said John L. Montgomery departed
this life in testate on March 28, 1871 leaving the plaintiff (his widow) and
the defendant (his children) as his sole and only heirs at law. That at the death of said decedent said Mary
Montgomery, as his widow, became the owner in fee simple of the undivided
one-third part of said lands, and said children jointly became the owner of the
remainder thereof. That plaintiff is
desirous of having said lands partitioned and that defendants are minors.
The court thereupon
appoints H. H. Daugherty as Guardian ad litem for said defendants and
said Guardian ad litem files his answer in general denial.
Cause is
thereupon submitted to the court and the court finds that the allegations of
the complaint are proven and true.
Page 15
(No record of the appointment of Commissioners)
REPORT OF COMMISSIONERS: -
The
undersigned commissioners appointed by the Shelby Circuit Court at the present
term thereof to make partition of the real estate described in the order issued
to us in this cause among the parties therein named, now report to the court
that we have been duly sworn as such commissioners according to the law and we
now return a copy of the oath as such, endorsed on said order and make the same
a part of this report. We further show
that we have set off and assigned to the said Mary Montgomery, (land not
contained in caption) all to be held by her in fee simple as her full on-third
part in value of all said lands, and we have assigned the residue of said lands
to the said Mary Montgomery, John L. Montgomery, Horace Montgomery and
Walter S. Montgomery to be held by them in fee simple as the full
two-thirds in value of said lands.
W. E. Teal
J. M. Elliott
Commissioners
Page 16
IN RE GUARDIANSHIP OF WALTER S. MONTGOMERY, MINOR
Application and appointment of Mary Montgomery, afterwards Mary Sluter as Guardian May 28, 1873.
Final report filed and approved May 31, 1890 P.O.B. 36, page 480
Page 17
In the Matter of the Guardianship { Petition to sell real estate
Of Walter S. Montgomery, Mary { filed in Shelby Circuit Court
Sluter, Guardian { Oct. 1, 1888 P.O.B. 33, page 354
Guardian files petition, which petition is verified by affidavit, petitioning the court for an order to sell the real estate of said ward.
And the court having seen and examined said report finds as follows: - That said ward is the owner in fee simple inter allia of the following described real estate: - The undivided one-fourth part in value of: - Commencing at a corner stone 24 chains 96 links north of the south west corner of the west half of the south east quarter of section 6 in township 12 north and range 7 east, which corner stone is 4 chains north of the middle of the Shelbyville, Smithland and Marietta Turnpike road, and running thence east 3 chains and 41 links to a point in the center of said turnpike road, thence north 39 degrees east along the center line of said road to a point east of the south line of a twenty foot alley south of lot #52 on Miller Street in Montgomery’s Third Addition to the city about 176 feet to the west line of a 16 foot alley west of said lot, thence north along the west side of said alley 216 feet to a point 16 feet south and 25 feet west of the south west corner of lot #46 on Hendricks in said addition, which point is on the west line of east half of said section, thence south 27 chains 96 links to the place of beginning, containing 39.1 acres, more or less (and other lands).
That the value of said ward’s interest in said real estate is about $2200 and that the value and character of the personal estate is $1996.93. That the rental value of said real estate is small, that said ward is a resident of the State of New Jersey, and that it would be to the best interest of said ward to have said land sold and the proceeds loaned out at interest.
Court therefore orders said Guardian to sell said real estate at private sale, after giving three weeks notice thereof by publication and by posting five like notices in five public places in Shelby County, three of which to be in the township in which said real estate is situate. Real estate to be sold on the following terms: - One-third cash, one-third in one year and one-third in two years.
Guardian thereupon files an appraisement of said real estate, appraising the same at $2181.66.
Page 18
October 27, 1888: -
Comes now into open court, Mary Sluter, Guardian of Walter S. Montgomery and files proof of publication of notice and of posting of notices and also files the following report of sale: -
The undersigned Guardian, respectfully shows that at the October Term of this court 1888, she obtained an order to sell said ward’s undivided one-fourth interest in the following real estate: - (land described in petition) and she gave notice for three successive weeks in a newspaper printed and published in Shelbyville, Shelby County, Indiana, and by posting up notices in at least five public places in the county of which said real estate is situate. And in pursuance of said order, the undersigned did, on the 4th day of October 1888, give such notice in the Shelby Democrat. And the undersigned would respectfully show that by virtue of said order she has sold to John C. Deprez the following (lands described above) for the sum of $2125 that being more than the appraised value thereof and the highest and best price that could be obtained therefore and she further shows that said John C. Deprez has paid sum in cash.
Mary R. Sluter
Subscribed and sworn to before me, this 27th day of October, 1888
(Seal) Charles Major, N. P., Shelby County, Ind.
And the court having examined said report and being fully advised in the premises approves said report and orders said Guardian to execute a deed to said purchaser for said ward’s interest in said real estate. Guardian now produces such deed, which is approved by the court and ordered delivered.
Page 19
Mary R. Sluter, Guardian of Walter S. Montgomery, by order of Shelby Circuit Court.
Conveys To
John C. Deprez, of Shelby County, Indiana
Deed. Dated October 27, 1888 $2125
Recorded October 29, 1888 in Deed Record 82 page 492
Acknowledged before Chas. Major, N.P. Shelby Co., Ind.
For: -
The undivided one-fourth of: - Beginning at a corner stone 24 chains 96 links north of the south west corner of the west half of the south east quarter of section 6 in township 12 north of range 7 east, which corner stone is 4 chains north of the middle of the Shelbyville, Smithland and Marietta Turnpike Road, and running thence east 3 chains 41 links to a point in the middle of said pike, thence north 39 degrees east along the center of said pike to a point east of the south line of a 20 foot alley south of lot #52 on Miller Street in Montgomery’s Third Addition to the city of Shelbyville, thence west along the south line of said alley about 176 feet to the west line of a 16 foot alley west of said lot, thence north along the west side of said alley 216 feet to a point 16 feet south and 25 feet west of the south west corner of lot #28 on Hendricks Street in said addition, which point is on the west line of the east half of said section 6 and thence south 27 chains 96 links to the place of beginning, containing 39.10 acres, more or less.
Page 20
Mary R. Montgomery, an unmarried woman, of Hudson County, New Jersey.
Conveys and Warrants To
John C. Deprez, of Shelby County, Indiana
Warranty deed. Dated September 26, 1888 $2125 (I believe this date is Oct. 26)
Recorded October 29, 1888 in Deed Record 82 page 490
Acknowledged before Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: - same tract as described at #17.
Page 21
John L. Montgomery, unmarried, of Alameda County, California
Conveys and Warrants To
John C. Deprez, of Shelby County, Indiana.
Warranty deed. Dated September 26, 1888 $2125 (I believe this date is Oct. 26)
Recorded October 29, 1888 in Deed Record 82 page 490
Acknowledged before Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: - same tract as described at #17.
Page 22
Horace Montgomery, an unmarried man, of Shelby County, Indiana
Conveys and Warrants To
John C. Deprez, of Shelby County, Indiana.
Warranty deed. Dated September 26, 1888 $2125 (I believe this date is Oct. 26)
Recorded October 29, 1888 in Deed Record 82 page 490
Acknowledged before Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: - same tract as described at #17.
Page 23
DEDICATION OF JOHN C. DEPREZ ADDITION TO SHELBYVILLE.
Plat Book 3 page 194
State of Indiana, Shelby County, ss:
The above is a true plat of the addition to Shelbyville, Indiana, as laid out by me and is a part of the south part of the east half of the north west quarter and part of the north part of the east half of the south west quarter of section 6 in township 12 north and range 7 east. The size of the lots and width of the streets and alleys are as indicated by the figures on the annexed plat.
Witness my hand and seal this 13th day of May 1889
John C. Deprez (seal)
Acknowledged before Robert W. Wiles, N.P. Shelby Co., Ind.
Approved by Common Council of the city of Shelbyville in open session this 14th day of May 1889.
J. C. Edwards, Mayor
Attest: Harry C. Ray, City Clerk
Recorded May 15, 1889 W. J. Buxton recorder Shelby Co., Ind.
(Description Wrong) (copy to here)
Page 24
John C. Deprez and Zora L. Deprez, his wife, of Shelby County, Ind.
Convey and Warrant To
Elisha Weakley and Harriet E. Weakley, his wife, of Shelby County, Indiana.
Warranty deed. Dated January 16, 1890 $275
Recorded January 17, 1890 in Deed Record 85, page 74
Acknowledged before Robert W. Wiles, N. P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in John C. Deprez Addition to the city of Shelbyville.
Page 25
Elisha Weakley and Harriet E. Weakley, his wife, of Shelby County, Indiana.
Convey and Warrant To
John C. Deprez, of Shelby County, Indiana.
Warranty deed. Dated February 22, 1895 $1.00
Recorded February 25, 1895 in Deed Record 95 page 303
Acknowledged before Robert W. Wiles, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in John C. Deprez addition to the city of Shelbyville.
Page 26
John C. Deprez and Zora L. Deprez, his wife, of Shelby County, Ind.
Convey and Warrant To
William F. Little and Josephine R. Little, his wife, of Shelby Co., Ind.
Warranty deed. Dated September 21, 1895
Recorded March 27, 1895 in Deed Record 96 page 282
Acknowledged before William C. Miller, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in John C. Deprez addition to the city of Shelbyville.
Convey and Warrant To
Ann Fisher, of Shelby County, Indiana
Warranty deed. Dated March 30, 1899 $200
Recorded April 25, 1899 in Deed Record 102 page (left blank)
Acknowledged before Edward H. Chadwick, N.P. Shelby Co., Ind.
For:
Lot #22 on the south side of Taylor Street in John C. Deprez addition to the city of Shelbyville.
Will Record 6, page 179
I, Ann Fisher of Shelby County, Indiana, do make this my last will as follows, to wit:
Item 1st. It is my desire that all my debts be paid as soon as possible after my death.
Item 2nd. After the payment of my debts if any, I will and bequeath to my husband Francis Fisher the 1/3 part of my real estate, and the same to be taken in full of any and all right, claim or interest which he may have in my estate.
Item 3rd. All the residue of my estate both real and personal I will and bequeath to my son Worl C. Fisher, absolutely.
Item 4th. I appoint my husband Francis Fisher as executor of this my will.
Witness my hand this 17th day of April 1894.
Ann Fisher
We certify that the above named Ann Fisher did sign the above instrument in our presence and in our presence declared the same to be her last will and testament and that we did each sign our names as witnesses in the presence of the said Ann Fisher and in the presence of each other this 17th day of April, 1894.
Charles W. Culbertson
Charles Major
Admitted to probate August 28, 1912 on the testimony of Charles W. Culbertson, one of the subscribing witnesses thereto.
Probate of will September 3, 1912 P.O.B. 61 page 145
Appointment of Worl C. Fisher, as Executor September 3, 1912 P.O.B. 61 page 140
Bond $3000 filed and approved.
Final report filed and approved December 23, 1914 P.O.B. 63 page 320
Will Record 6 page 182
Know all men by these presents that I, Francis Fisher of Shelby County, Indiana, being of sound mind and disposing memory to make, publish, and declare this to be my last will and testament, hereby revoking any and all others by me at any time heretofore made.
First. I direct that all my just debts and funeral expenses be paid by my executor hereinafter named.
Second. All the rest and residue of my property, whether real or personal, I give, devise and bequeath to my son Worl C. Fisher, to be his absolutely and in fee simple.
Third. I hereby nominate my son Worl C. Fisher, to be executor of this will and direct that he shall not be required to give bond.
In witness whereof I have hereunto set my hand and seal this 3rd day of January 1910.
Francis Fisher
We hereby certify that we saw Francis Fisher the above named testator, sign the foregoing will and testament, and we at this request and in his presence and in the presence of each other, signed the same as witnesses this 3rd day of January 1910.
Edith W. Davis
H. S. Downey
Admitted to probate August 1912, on the testimony of H. S. Downey, one of the subscribing witnesses thereto.
Probate of will September 3, 1912 P.O.B. 61 page 146
Appointment of Worl C. Fisher as Executor September 3, 1912 P.O.B. 61 page 140
Bond $900 filed and approved
Final report filed and approved December 23, 19114 P.O.B. 63 page 320
CONVEYS AND WARRANTS TO
OSCAR L. WILLIAMS AND ROBERT L. HALE, OF SHELBY COUNTY, IND.
Warranty deed. Dated September 29, 1919 $6500
Recorded October 2, 1919 in Deed Record 143 page 321
Acknowledged before Frank R. Hale, N.P. Shelby Co., Ind.
For:
Lot #22 on the south side of Taylor Street in John C. Deprez addition to the city of Shelbyville (and other lots).
ROBERT L. HALE AND DOROTHY B. HALE, HIS WIFE, OSCAR L. WILLIAMS AND CLARA C. WILLIAMS, HIS WIFE, OF SHELBY COUNTY, IND
CONVEY AND WARRANT TO
LOUIS STRADER, OF SHELBY COUNTY, INDIANA.
Warranty deed. Dated November 5, 1919 $1200
Recorded November 5, 1919 in Deed Record 143 page 491
Acknowledged before Frank R. Hale, N.P. Shelby County, Ind.
For:
Lot #22 on Taylor Street in John C. Deprez addition to the city of Shelbyville.
CONVEY AND WARRANT TO
J. DAVID POWELL AND ETTA M. POWELL, HUSBAND AND WIFE, OF SHELBY COUNTY, INDIANA.
Warranty deed. Dated April 3, 1925 $2500
Recorded April 9, 1925 in Deed Record
Acknowledged before Oscar L. Williams, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in John C. Deprez addition to the city of Shelbyville.
MORTGAGE TO
THE HOMESTEAD BUILDING AND LOAN ASSOCIATION, OF SHELBYVILLE, IND.
Mortgage. Dated April 3, 1925 $2300
Recorded April 9, 1925 in Mortgage Record 100 page 201
Acknowledged before Wilbur F. Pell, N.P. Shelby Co., Ind.
Upon:
Lot #22 on Taylor Street in John C. Deprez addition to the city of Shelbyville (and other land).
May installment paid.
November installment a lien.
At 3 o’clock P.M.
The undersigned, Abstractors of Title, within and for Shelby County, Indiana, hereby certify that we have made a careful examination of the records in the offices of the Recorder, Clerk, Treasurer and Auditor of said County and State, and of our indices to the same, and w fail to find any recorded conveyances describing said real estate in the Caption of this Abstract, Mortgages, Leases, Mechanic’s Liens, State and County Taxes, Unredeemed County tax Sales, Lis Pendus or Unsatisfied Judgments rendered against any person owning said real estate within the last ten years, which would create a lien thereon, except as shown in the foregoing Abstract.
This Abstract consists of number 1 to 37 inclusive of both.
In Witness Whereof, Hale & Hale, Inc., a corporation, by its duly authorized officer, affixes its signature and seal the date first above written.
HALE & HALE, INC.
BY: Francis R. Hale, mgr.
Submitted by Melinda Moore Weaver
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