The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1865-04-20
kksAk A0LLcE.
John 1. Owens PltG.

John L. Ovens PlfG. PreSls
william Kindie et.aI. Defts. Pleas Civil
Action
TIME heirs ofRichard Newport deceased
ramely lydia Beatty wife oil
J hn Behly julius W. s. Lane, Mary
10. Lane Amy N. Owens Of Preble county
IOhio, Matilda Earhart wifeNof Jacob Ear
Ghart, Sarah Thornburg Lavina Cunningham
Robert Cunningham Of Butler county, Ohio,
Sarah Ann Jones wife Of Wiley Jones of
Clinton county, Illinois and Benjamin FL
Lane Of Marion county, Missouri; the gram
tee OF Richard Newport deceased, Garret vi
Hopkins and -- Hopkins his WIFE
whose place Of residence is unkn own, Rob-
lert Harris and Ellen Harris Samuel Reed
land Jane Reed, William Kindle and Maria
Ann Kindle and William r. Patterson Of
4Preble county, Ohio, and James Berry Of
Clinton county Indiana, are hereby notified
that on the Eleventh day of April 1865, the
said John Il Ovens fled his petition against
them in the court Of common pleas, Of Preble
county, Ohio, which is now pending where
n the plaintiff says hat on the 28th day Of
June 1881 the said Richard Newport was
the owner in fec simple of the southeast
quarter Of section twenty, township six,
range two east, in Preble 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 er.
Sroneously described in the deed of convey
rnce, by metes and bounds given in the peti.
tion as being in the northwest corner Of
section twenty.one, township six, range two
east, that the 80 ne was after wards convey
ed by said Hopkins and wife, bv said erronI
cor I. description to Robert Harris; that I'D
Harris and wife afterwards conveyed said
premises, by said erroneous description t
Willian Kindle and Samuel Peed; that said
Reed and wife afterwards conveyed their
Interest therein by the same erroneous des'
cription to said Kindle, and that said Kin.
die and wife afterwards conveyed said
premises by said erroneous description to
plaintiff, that the plaintiff and those under
whom he claims title b. said conveyance
have been in quiet possession OF said premi
SEES as correctly described, over thirty years
THAT plaintiff is the equt lhle owner Of said
premises as CORR city dercriLed, and asks
THAT the legal title may be decreed TO him il
fee simple; the plaintiff further says tina
said Kindle and Reed never paid the pur
chase money of said premises, 10 the sale
NRobert Harris. That while the purchase
money was so unpaid; james Berry pur
chased and o btained from Kindle a con
veyance Of a lot in the northwest corne
Hofsaid premises as correctly described, for
Ely feet wide and ninety'6ve feet long oil
Mwhi h stands a small house, but that sait
ldeed to Berry WAS never recorded; that tn
gplairtitf pm c ased said premises Of Kind
kthrough caid Berry who concea'eG his own
Sership 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
Stime Of his purchase ignorant Of Berry
! Hclaim; that Berry afterwards sold and cor
Rveyed said small lot to William r. Pattel
, Es)n who is asserting title thereto; and plain
: tiff claims that said Berry's purchase wa
Esabject to the purchase money due to Harri
kand the plaintiff has been substituted to q
EHarris rights under said mortgage for tn
Epurc ,ase money, and that said Berry nc
Ehaving had his deed recorded as require
by statute, the sa-fe as against plaintiff i
invalid. and asks that sad dead from Xii
die to Berry and the dead from Berry t
Patterson may be set aside as invalid,
The defendants are further notified ths
8%unless they appear and bnswe; or demur t
Esaid petition on or before the 18th day I
EJune Io6F, the plaintiff will ask an ord,
gcorrecting said description, AMI setting
side said d. eds to Berry and Patterson
Etheir absence.
GILMORE & CAMPBELL,
Attorneys for Plaintiff
EAtttest, H. Shack, clerk.
April 20, ls65,wS. prf $500