Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-03-28
Legal Notice.
Parmelia Austin and
Lycurgus Austin,
her husband,

ParmeltR AUSTIN anu
Lycurgus Austin, Court of Common Pleas
her husoaho' Belmont County, Ohio.
rINHE defendants, Austin Gill, Henry Austin,
i Randall Austin, Jr., who reside somewhere
Washington Ferlow her husband, John II. Aus
tin and Lucy Austin, who reside IN the state OF
WsU Ws~ reside in tGe State Of the a
known heirs of Halstead Austin, deceased, and
Martha Echols whose residence are ,ulh,l; ,nnkn;owh
hereby notified that on the 18th day of January.
1896 the plaintiff Parmelia Austin and her hus-
state Of Ohio, against Randall Austin, sr., David
amended petition against said defendants, and
Austin, departed this life, and by leave Of the
Court his heirs and legal representatives were
piber nss IL in sad
dant, David Harper, sold and conyeyed to said
section ., township 2. OF Range 2, in said Coun-
az the the North @ East corner of said Section, on tho
bank of the Ohio River, thence south 2p East
tsenee Vest With SAID line
the North East corner Of said Patterson's land !;
thence North to Stake, corner to a piece Of land
quarter section; thence West 90 poles to Rock
ner r to said Fosters land, sold to him as aforo-
said; thence North on said quarter Section line
%est 8 poes to eGes
line; thence North with said line poles to the
North East corner Of said quarter Section; thence
East 40 poles to the place Of beginning con-
talning 81 acres more or less, together with the
Stone Coal excepted and reserved by said Har-
Conveyed by said Harper to John ]. Foster, con-
tanning q acres and poles, resefying, however,
mine and take away. And that on or about the
18th day Of November, 1865, the defendant,
Kandai Aust,h ehsereS pme;s Sustn and her
husband whereby the said Randall Austin, Sr.,
| Tor and In consideration of eleven years work
curaas Austin for the said Randall pstin, Sr., at
his request and the further consideration of ma
ura love AND me gond epG sueept deed of
senera sen % WARRANTY the Following described part
he track Of Land conveyed payd m"Per
| at point on the Ohio River at the South East
corner Of the lands of said Randall Austin, Jr,,
and the North East corner OF the lands of Joseph
| Woriey: thence West with the South boundary
| of said Austin's land and on the line between
corner corn Of said Worley's land, and till II inter
sects the East line Of the land owned by John j.
Foster thence North with tne sa.d rosters fh ne
East and at right angles with the last line the
| Ohio River; thence down said river to the place
of beginning, containing ~ acres, more or less.
Also ali his Fight, title and interest in and to tho
mining privileges under the lands OF John J.
said sf5 David i Harper. And that ON the 18TH day
| Of November, 1853, the defendants, Randall Aus
tin and wife, In pursuance OF said contract, ex-
| ecuted and delivered to the platnuh, Parmelia
| Austin, q deed conveying to her the piece OF
| land above described together with the mining
| served and granted to him by David Harper-
| That II was the intention of David Harper to re-
| serve all the Stone Coal in and under the tract
conveyed to j. j. Foster, and that by mistake OF
| inadvertance the said reservation was omitted
| and not inserted In said decd. That It was tina
| Intention of the said David Harper to convey
| said Coal to Randall Austin, with the right To
| mine and take away, but that the same was not
sufficiently described and conveyed; that Ran.
| dial Austin intended to convey said stone Coal
so reserved as aforesaid TO the plalntil Parme-
| lia Austin; that the same was not done, by
| mistake or misapprehension, ana that the said
| J. j. Foster now claims the same. The object
and prayer of said petition is that the deed made
by Harper to said Foster he SO reformed as tore
serve the Stone Coal under said tract, with leave
from David Harper to Randall Austin, ST., be 80
reformed as to convey said stone Coal SO reserv-
ed under the Foster tract to said Randall Austin
by competent and pertenent description and
that the deed from Randall Austin ana wife "a
Parmelia Austin be so reformed and corrected
| as To convey by proper and pertenent description
said Stone Coal, with the privilege OF taking the
| same away so reserved under the John j. roster
tract of "a acres aforesaid. And that the said
Parmelia Austinibe quieted In her title and the
enjoyment Of the same ana for other proper
The above named defendants are required h
| appear and answer against the LIST day OF May
| Is6I or Judgment will be rendered against you
by default at the next term OF said Court, com
mencng on the 18th Day OF MfpigtEI. Mfeigt tsSf; Clark
p. TALfMAN 4 SMITH at'ys for pla'tfrs.
Feb "a l867-6W o.. 80.