SHELBY CIRCUIT COURT

Sophia E. Murphy Guardian of

 Nellie R. Murphy

VS

John T. Murphy

Partition 

Box 317 
No. 357

Disp of October Term 1880 
            Fred H. Chueden, Clerk

State of Indiana
Shelby County     SS:                                             Circuit Court, October Term, 1880

The State of Indiana, To Charles F. Webster, William A. Moore and Squire L. Vanpelt

            Whereas, in a certain proceeding for the Partition of Real Estate, now pending in the Circuit Court of said County, wherein  Sophia E. Murphy  as Guardian of  Nellie R. Murphy, Plaintiff, and  John T. Murphy, George S. Murphy,  Mary E. Bryan,  George W. Bryan,  Martha E. Murphy,  Annie J. Murphy,  Sophia E. Murphy  Defendants, the Court did then and there, on the 9” day of November A.D. 1880, award Judgment of Partition of the following tract or lot of land, situate in said County, to-wit:
            Beginning at the South West corner of the North West quarter of Section three (3) in township twelve (12) North of Range Six (6) East and running thence East ten (10) chains and thirty three (33) links thence North thirty five (35) chains and fifty (50) links to the North line of said quarter section, thence West ten (10) chains and thirty three (33) links to the North West corner of said tract, thence South thirty five (35) chains and fifty two (52) links, to the place of beginning containing thirty six and sixty eight hundredths (36.68) acres more or less.
            Also the south West quarter of section three (3) in said Township and Range containing One Hundred and sixty six and seventy hundredths (166.70) acres more or less.
            And also beginning at a point two (2) chains and fifty one (51) links South of the North East corner of the West half of the North East quarter of Section ten (10) in the aforesaid Township and Range and running thence West four (4) chains and Eighty Seven (87) links, thence North two (2) chains and fifty one (51) links to the North line of said tract, thence West sixteen (16) chains and one (1) link to the North West corner of said tract, thence South Eight (8) chains and fifty (50) links, thence East twenty (20) chains and Eighty Eight (88) links to the East line of said tract thence North five (5) chains and ninety-nine (99) links to the place of beginning containing Sixteen and fifty-one Hundredths acres more or less, and containing in the several tracts herein described Two Hundred and nineteen and eighty eight one hundredths acres more or less.
            And did then appoint you, the said Charles F. Webster,  William A Moore  and  Squire L. Vanpelt Commissioners, to make partition of said tract or lot of land, and said Commissioners are hereby ordered, after taking the oath required by law, to proceed to set apart the same to the said parties in the following proportion to-wit:  The said Nellie R. Murphy the undivided one sixth of two thirds in Value in and to said Real Estate and that you make report of your proceedings in the premises during the October Term, 1880, of said Court.
            Witness, The Clerk and Seal of said Court, at Shelbyville this 10” day of November A.D. 1880.
                                 Fred H. Chueden   Clerk         By Chas. Deputy


OATH

State of Indiana, Shelby county     SS:
            We Charles F. Webster, Squire L. Vanpelt and Wm. A. Moore do each and severally solemnly swear that we will discharge the duties of Commissioners, in accordance with the within order, to the best of our ability, So help us God.
Charles F. Webster Wm. A. Moore S. L. Vanpelt
            Subscribed and sworn to this 11” day of Nov A.D. 1880         Fred H. Chueden Clerk


In Shelby Circuit Court
Petition for Partition
Sophia E. Murphy Guardian of Nellie R. Murphy
                    VS
John T. Murphy, George S. Murphy, Mary E. Bryan, George W. Bryan, Martha E. Murphy, Annie J. Murphy, Sophia E. Murphy
Filed November 9, 1880 Fred H. Chueden Clerk
Major & Major Attys for Plaintiffs

State of Indiana Shelby County                                                                      In Shelby Circuit Court
October Term 1880
            Sophia E. Murphy Guardian of Nellie R. Murphy minor heir of  Samuel Murphy  late of the County of Shelby and State of Indiana deceased plaintiff complains of John T. Murphy, George S. Murphy, Mary E. Bryan, Martha E. Murphy, Annie J. Murphy and Sophia E. Murphy defendants and says That at the time of the death of the said Samuel Murphy, towit, on the ____ day of _____ 1880 he was the owner in fee simple of the following described real estate situate in the County of Shelby and State of Indiana, Towit- - Beginning at the South West corner of the North West quarter of section three (3) in Township Twelve (12) North of Range six 6) East, and running thence East Ten (10) chains and thirty three (33) Links; Thence North Thirty five (35) chains and Fifty (50) Links to the North line of said quarter section, thence West ten (10) chains and Thirty three (33) Links to the North West corner of said tract, Thence South thirty five (35) chains and Fifty two (52) Links to the place of beginning, containing thirty six and sixty eight hundredths (36.68) acres more or less. Also the South west quarter of Section three (3) in said Township and Range containing one Hundred and Sixty six and seventy hundredths (166.70) acres more or less. And also, Beginning at a point Two (2) chains and fifty one (51) Links South of the North East corner of the West half of the North East quarter of section Ten (10) in the aforesaid Township and Range and running thence West Four (4) chains and eighty seven (87) Links; thence North two (2) Chains and fifty one (51) Links to the North Line of said tract, thence west sixteen (16) chains and one (1) link to the North West corner of said tract, thence south Eight (8) chains and Fifty (50) links, thence East Twenty (20) chains and Eighty Eight (88) Links to the East line of said tract, thence North five (5) chains and ninety nine (99) Links to the place of beginning, containing sixteen and fifty one Hundred acres more or less, and containing in the several tracts herein described Two Hundred and Nineteen and Eighty Eight one Hundred acres more or less, and further at the time of the death of the said Samuel Murphy he left him surviving his widow Sophia E. Murphy who is entitled to the undivided one third in value in and to said above described real Estate in fee simple, and that the said Samuel Murphy left him surviving the following named children and heirs, towit- 
The plaintiff Nellie R. Murphy and the defendants John T. Murphy, George S. Murphy, Mary E. Bryan (formerly Mary E. Murphy and now the wife of said defendant George W. Bryan) Martha E. Murphy and Annie J. Murphy and each of said children are entitled to the undivided one sixth of two thirds in value in and to said real Estate, and that they hold said real Estate in common and said plaintiff further shows that the said Samuel Murphy died intestate at the County of Shelby and State of Indiana. Plaintiff asks partition of said lands, and that three disinterested resident freeholders of the County of Shelby and State of Indiana, not of kin to any of the parties be appointed to assign and set off to said plaintiff Nellie E. Murphy the undivided one sixth of Two thirds in value in and to said Real Estate, and said plaintiff further shows that all of said Defendants are adults and reside in the County of Shelby and State of Indiana and she asks that summons may issue and she prays for such other and further relief as the nature of the case requires. Sophia E. Murphy Guardian of Nellie R. Murphy per Major & Major Attys

--------------------------------------------------------

Shelby Circuit court October Term 1880

Sophia E. Murphy as Guardian of Nellie R. Murphy
                VS
The Partition John T. Murphy et al
Report of Commissioners
Filed November 21, 1880 Fred H. Chuden Clerk

State of Indiana Shelby county     SS
            We the undersigned Commissioners appointed at the October Term 1880 of the Shelby Circuit Court, to make partition of the Real Estate of Samuel Murphy deceased, which Real Estate is described in the order issued by the Clerk of said Court and to us directed. After first having taken the oath required by law and having viewed the land and premises described in said order, We do proceed to set apart the same to the parties named in said order in the following proportion, towit.
            To Nellie R, Murphy the following described tract and parcel of land as her portion of said Real Estate to be held by her in fee simple towit—Beginning at the South West corner of the North West quarter of Section Three (3) in Township Twelve (12) North of Range Six (6) East, and running thence East Ten chains and ninety three links (10 ch 33 L); Thence North Thirty Five chains and fifty links (35 ch 50 L) to the North line of said quarter Section. Thence West ten chains and thirty three links (10 ch 33L) to the North West corner of said tract; thence South Thirty five chains and fifty two links to the place of beginning; Containing Thirty Six and Sixty eight hundredths 36.68 acres more or less.
            We further show to the Court that we have been engaged in making the the foregoing partition and reporting the same to Court the following length of time. And ask that our fees for the same be allowed and that this our report be received.
Charles F. Webster, Commissioner & Surveyor making out report &c       $5.00
William A, Moore Commissioner 1 day 1.50
Squire L. Vanpelt Commissioner 1 day 0.00
 
           To the above and foregoing report of partition We do subscribe our names and affix our Seals All of which is respectfully submitted to the Court

Commissioners     Charles F. Webster     Wm. A. Moore     S. L. Vanpelt (SEAL)

Transcribed by Barb Huff  for Phyllis Miller Fleming

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