Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-03-21
Legal Notice.
Parmelia Austin and
Lycurgus Austin,
her husband,
Court of Common Pleas,
Belmont County, Ohio.

her husband, Belmont County. Ohio,
a HE defendants, Austin Gill, Henry Austin,
L Randall Austin, Jr., who reside somewhere
Washington Feriow her husband, John r. Aus.
tin and Lucy Austin, who reside In the state of
who reside in the state Of Kentucky, the un:
known heirs of Halstead Austin, deceased, and
Martha Echols whose residence are unknown,
and Soon Austin who resides in Missouri, are
hereby notified that on the 18th day of January.
1865, the plaintiff parmeiia Austin ana her nus
Pleas within and for the County of Belmont and
State Of Ohio, against Randall Austin, Sr., David
on the I'D dny of September, 1866, she filed her
amended petition against said defendants, and
Austin, departed this life, and by leave of the
Court his heirs and legal representatives were
among other things it is alleged in said petition
that on the 3lst day of August 1888, the deien,
nn nya nPs S 1Sd foowne @na Seseybed Re
Estate, being part of the North East quarter OF
section 2S Township 2, od Range = IN said ooun
at the North East corner OF said section, on the
bank of the Ohio River, thence south 1lo East
ner; thence West with said PattersOn's line to
the North East corner of said Patterson's land;
sod Sy said Harper to John j. Foster which said
corner is 30 poles North OF the south line OF said
quarter section thence West g3 poles to a Rock
in the West line OF said quarter Section and cor
ner to said Fosters land, sold to him as afore-
said; thence North on said quarter Section llhe
81 poles thence North 40 East N poles; thence
North l5o West IS poles to said quarter Section
line; thence North with said line poles TO the
North East corner Of said quarter Section; thence
East l2O poles to the place of beginning, con-
tanning So acres, more or less, together with the
stone Coal excepted and reserved by said Har-
per under the piece or parcel of said quarter
conveyed by said Harporto John ]. Foster, con-
iS the Stone N Coal under the same, with right to
mine and take away. And that on or about the
Randall Austin, entered into verbal agreement
with the plaintiffs Parneia Austin and her
for and in consideration of eleven years work
and labor done and performed by the said Ly-
curgas Austin for the said Randall Austin, ST., at
his request and the further consideration of ma
tural love and affection agreed and bound him
self to convey by good and sufficient deed d OF OF
OF the track of land conveyed by David Harper
| to Randall Austin Sr as aforesaid Commencing
| corner of the lands of said Randall Austin, Jr.,
and the North East corner Of the lands or Joseph
! Worley; thence West with the South boundary
of said Austln's land and on the line between
him and the said Worley to the North East
serts tbe o' East line of the land owned by John
| Foster; thence North with the said Fosters line
| to the North East corner OF his land; thence
East and at right angles with the last line to the
| Ohio River; thence down said river TO the place
OF beginning, containing u acres, more or less.
mining privileges under the lands of John J
Fosterlas reserved and granted to him by the
Of November, 1868, the defendants, Randall Aus
| tin and wife In pursuance of said contract, ex-
| ecuted and delivered to the plaintiff, Parmelia
Austin, n deed conveying TO her the piece o1
Land above described, together with the mining
privileges under the land of j. J. Foster, as re-
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 or
inadvertance the said reservation was omitted
and not inserted In said deed. That II was the
| intention of the said David Harper to convey
| said Coal to Randall Austin, with the right Ia
sufficiently described and conveyed; that Ran,
dai Austin intended to convey said stone Coal
SO reserved as aforesaid to the plaintiff, Parme-
| lia Austin; that the same was not done, by
| mistake or misapprehension, and that the said
j. j, Foster now claims the same The object
and prayer OF said petition Ia that the deed made
by Harper to said Foster be so reformed as to re-
serve the stone Coal under said tract, with leave
TO mine and take the same away. That the deed
from David Harper to Randall Austin, ST., be sc
reformed as to convey said stone Coal SO reserv'
ed under the Foster tract to said Randall Austin
by competent ana pertenent description, ano
that the deed from Randall Austin and wife tC
Parmelia Austin be so reformed and corrected
Ms To convey by proper and pertenent description
said stone Conl, with the privilege of taking thu
same away SO reserved under the John j. Fostel
tract OF n acres as aforesaid. And that the sale
Parmcia Austintbe quieted in her title ana th'
enjoyment OF the same and for other proper
relief.
The above named defendants are required u
lld1, or Judgment will he rendered against yol
by default ut the next term OF said Court, com
mcncing on the 9th day of May, ls6
J. X. MITCHELL, Clerk.
L. TALLMAN 4 SMITH atys for pla' tins.
: Feb. 2s, lSdI-6w