The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1865-04-27
LEeAL AOTNE

Johp Il. Uwens fitH
william Kindlo st.ari. DsA's. Plsr. Civil
Action.
TlHE heirs ofRichard Newport deceased
rawely Lvdin Beatty wife Of
J,ha Beatty julius W. s. Lane, Mary
G. Lane Amy N. owens Of Preblo county
Ohio, Matilda Earhart wife Of Jacob Ear
hart, Sarah T~hornburg Lavina Cunningham
Robert Cunningham Of Butler county, Ohio,
Sarah Ann Jones wife Of Wiley JoAeS Of
Clinton county, Illinois and BENJAMIN F.
Lane Of Marion county, Missouri; the gran
tee Of Richard Newport deceased, Garret v.
Hopkins and -- Hopkins his wife,
whose place OF residence is unknown, Rob
ert HariiJ and Ellen Harris Samuel Reed
and Jane Reed, William Kindle and Maria
Ann Kindle and William r, Patterson Of
Prcble county, Ohio, and James Berry Of
Clinton county Indiana, are hereby notified
that on the Eleventh day Of April 1865, the
said John L. Owens filed his petition against
them in the court Of common pie as, Of Preble
county, Ohio, which is now pending where
IN the plaintiff says that on the 28th d'y Of
June 1881 the said Richard Newport was
the owner in fee simple Of the southeast
quarter Of section twenty, township six,
range two east, in PrebIe county, Ohio, and
sold and intended to convey to Garrett v.
Hopkins about twenty acres Of land, by
metes aud bounds particularly stated in the
petition, out Of the northwest corner ofsaid
quarter, but by mistake the same was err.
roneously described in the deed Of convey
rnce, by nletes and bounds given IN the petit
tion as being IN the northwest corner OF
section twenty.one, township SIX, range two
east, that the So ne was afterwards convey
ed by said Hopkins and vile, bV said erron'
eous..description to Robert Harris; that said
Harris and wife afterwards conveyed said
premises, by said erroneous description t.
William, Kindle and Samuel Reed; that said
Reed and wife afterwards conveyed their
interest the rein by the same erroneous des'
cription to said Kindle, and that said Kin.
die and wife afterwards conveyed said
premises by said erroneous description Ia
plaintiff, that the plaintiff and those under
whom he claims title b. said conveyances
have been in quiet possession OF said premi
ses as correctly described, over thirty years
that plaintiff Is the equitable cwnar of sait
premises as correctly described, and ask
That the legal title may be decreed 10 him il
fee simple; the plaintiff further says tha
said Kindle and Reed never paid the pur
chase money Of said premises, toathe SAT-
Robert Harris. That while the purchas
money was so unpaid; James Berry pnr
chased and blained from Kindle a con
vcyance Of a lot in the northwest corne
of said premises as correctly described, fol
Ivy feet wide and ninety,6ve feet long o.
viii h stands q small house, but that sal
deed to Berry was never recorded; that III
plair tiff purchased said premises Of Kind
through caid Berry who concealed his own
ership Of said small lot from plaintiff, an
plaintiff through said Berry became tn
purchaser of Harris's mortgage for sal
purchase money that plaintiff was at tn
time Of his purchase ignorant Of Berry
claim; that Berry afterwards sold and col
veyed said small lot to William r.. Patie
son who IS asserting title thereto; and plair
,, tiff claims that said Berry's purchase WI
subject to the purchase money due to Harr
and the plaintiff has been substituted To a
Harris rights under said mortgage for Il
pure ,ase money, and that said Berry n,
having had his deed recorded as require
by statute. the same as against plaintiff
invalid. and asks hat said deed from XII.
die to Berry and the deed from Berry
Patterson may be set aside us invalid.
The defendants are further notified thu
unless they appear and answer or demur
said petition on or before the 18th day
. June Is6s, the plaintiff will ask an ord
correcting said description, and setting
side said d. eds to Berry and Patterson
their absence.
GILMORE 4 CAMPBELL.
Attorneys for Plaintiff.
Attest. Fl. Shank, clerk.
April 20, lS65rw6. n prf S32.(