The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1853-01-27
Cambria County. ss :

Cambria county, SIS
The Commonwealth of Pennsylvania to the
Sheriff of Cambria county, Greeting
Whereas DIR. William A. Yickroy, George Vick-
roy, George Gettys and Mary his wife, formerly
Matilda Yickroy, Louisa Vickroy, and William
Hancock and Charlotte his wife, formerly Char
lotte Slick, late of your county, were summoheo
to be in our Court of Common Pleas 1or the
county of Cambria, before our Judges at Epens-
burg on the first Monday Of December, A D.,
eighteen hundred and ffty-two, to answer Ed
win A. Vickroy, of plea, wherefore whereas
they, the said Defendants and the said Plaintiff,
together and undivided do hold the following
described tenements or premises, with the ap-
purtenences, to wit One tract of land con-
tanning one hundred and seventy acres, known
as the Coleman Farm, being part of a survey
in the name of Ephraim Williams, originally
containing four hundred and thirty four acres
situate in Jackson Township, Cambria county
adjoining other lands of the parties to this uit,
lands of James Williams, Henry Beck and
others one other tract containing one hundred
and forty-one acres and sixty-three perches
known as the ''Garber Farm" and being part
of the survey in name of Ephraim Williams
above mentioned, situate in Jackson Township,
Cambria county, and adjoining lands above de-
scribed, lands o. James Williams, Henry Beck
and others also one other tract Of unimproved
land containing one hundred and ffty-fve acres
and thirty-eight perches, being part of larger
tract surveyed in name of Benjamin Williams
originally containing four hundred and forty-one
and one fourth acres, situate in jackson Town
ship Cambria county, adjoining lands of
Ephraim Williams, Henry Beck, William Todd
John Barclay and the residue of said survey,
with the appurteneDces, of which they deny
that partition be made between them, according
to the laws and customs of this Commonwealth,
AMI the statues in such case provided, and un
justly permit not the same to be done, &c. And
1t was in such manner proceeded in, in our court,
that it was considered that partition should be
made between the parties aforesaid, of the ten
ements aforesaid, with the apburtenences.
Therefore we command you, that taking with
ycu twelve honest and lawful men of your bail
iwick, by whom the truth of the matter may be
better known, in your proper person you go to
the tenements aforesaid, with the appurtenences,
and that there, in the presence of the parties
aforesaid, by you to be forward, if they shall
be willing to be present, the said tenements,
with the appurtenences, by the oaths and af
firmations of the said twelve honest and lawful
men, respect being had to the true value of the
tenements aforesaid, with the appurtenences,
into ten equal shares or parts you cause to be
parted and divide, so that neither the said Plain
tiff nor the said Defendants, respectively may
have more OF the teIements aforesaid, with the
appurtenences, than it pertaineth to them sever
ally to have. If equal partition in value as
aforesaid, cannot be made of any share or pur-
port, there, by the same inquest or oaths and
y
ize such partitions or purports, by valuing the
purports respectively, and to award that any
one or more shares or purpOrts shall be subject
TO the payment of such sum of money as shall
be equal to the difference in value of any other
share or shares, purport or purports, and re-
turn the same with said inquest and you fur
ther have power, by the same inquest and oaths
or afhrmations as aforesaid to divide the said
tenements, with the appurtenences, into such
number OF purports as shall appear to the said
Inquest most convenient and advantageous,
without regard to the number of parties in in
terest and to value each purport. But if tho
said inquest shall be of opinion, that the tene-
ments aforesaid with the appurtcnences, can
not be parted or divided without prejudice to
or spelling the whole, then we command you
that you cause the said inquest to make Just
valuation and appraisement of the said tene-
ments, with the appurtenences, upon their oaths
affirmations aforesaid, due notice having first
been given to the several parties or persons con-
cerned or interested therein to appear to appear
if they shall think fit, at the time and place of
holding such inquisitiOn, and that the partition
or valuation and appraisement, or valuation and
appraisements so by you distinctly and openly
made, you have here in our said Court of
Common Pleas for the county of Cambria be-
fore our Judges at Ebensburg, on the first Mon
day of March next, under your hand and seal,
and under the hands and seals of those by
whose oaths or affrmations you shall have made
the same, that such further proceedings may be
had as to law or justice shall appertain. And
have you then and there the names of those by
whose oaths and afirmations you shall have
made the same, and this writ.
Witness the Honorable George Taylor, Pres-
dent of our said Court at Ebensburg the thir-
teenth day of December, in the year of our
Lold one thousand eight hundred and fifty-two
r. L. JOHNSTON, Proth'y.
December 80, 1S52-10-di.