Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-04-04
Legal Notice.
PsrInelia Austin and !
Lycurgls Austin, |
her husband, !

PsrInelia Austii, and
Lycurgus Austin, r-o,,, -. r..... ,,,
IS Belmont County, Ohio.
Randall Austin, et al.
'l'HE defendants, Austin Gil, Henry Austin
L Randall Austin, Jr., VINO reside somewhere
IN the State OF Illinois; Elyre Ferlow and
tin and Lucy ustin who reside In the State of
New York; Mary Austin and Richard Dolby
| known heirs of Haisteai Austin, deceased and
Martha Echols whose residence ere unknown,
hereby notified that on The eth day Of January.
lslB, the plaintiff rarrnelia Austin and her hus-
b;.nd ilied her petition in the Court OF Common
Pleas within and for the County OF Belmontand
state OF Ohio, against Randall Austin, ST., David
Harper and John J. Foster. and that afterwards,
on the 2ai day Of September, 1856 she filed her
amended petition against said defendants, and
on The - day OF .M1 49, -,l the desendent Randall
Court his heirs and legal representatives were
made parties defendant TO said action. That
that on the 3lst day of August, 1893, the defen.
dant; David Harper, sold and conveyed to said
Kandai Austin tA. Glowing described Real
section ,, Township 2. Of Range 3 In said Coun-
Y and state aforesaid Beginning for the same
lank of the ohio River thence South 2Oo East
i2j poles more or less, to James Pattersen's cor
ncr; thence West with said Patterson's line to
the North East corner Of said Patterson's land;
thence North 10 Stake, corner 10 a piece OF land
corner is tD poles torth oi the South line OF said
quarter section; thence West IS poles TO q Rock
IN Tue WcSt line OF said quarter section and cor
ner to said Fosters land, sold to him RS afore-
sad; thence North on said quarter section line
3! po!es; thence North il9 East 9I poles; thence
Noriil 10 West 81 poles to said quarter Section
line; thence North with said line poles TO the
North East corner of said quarter Sectioii thence
kas! la poles 10 the place of beginning con-
tanning 81 acres, more or less, together With the
Stone toal excepted and reserved by said IIar-
per under the piece or parcel OF said quarter,
convey ci by said Iarpat to John J. Foster con-
tanning z acres and poles, re5erving, however
the Stone Coal under the same, with right 70
q
Randall Austin, entered into a verbal agreement
with the plaintiffs, Parinella Austin and her
husband whereby the said Ranjai Apstin Sr
for ana in consideration of eleven years work
curgas Austin for the said Randall Austin, Sr. st
his request ana the turther consderation OF ma
.r s.If ~ o.e o, Az M ION arsea AM bound him.
general warranty the following described part
of the track OF land conveyed by David Harper
at point on the Ohio River at the south EaSl
corner OF the lands OF said Randall Austin, Jr.
Worley; thence West with the South boundary
Of said Austin's land and on the line between
him and the said Worley TO the North East
corner Of said Worley's Land, aud TIL il inter.
secis the East line of the land owned by John +
Foster; thence North with the said Fosters line
70 the North Epst corner of his land; thence
East and at riht angles with the last line to the
ohio River; thence down said river to the place
Also all his right tite and interest In and 10 the
mining privileges under the lands Of John T.
II rostSF,-tS reserved ana granted 10 MIN Dy the
said David 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 plaintiff, Parmelia
Austin, a deed conveying to her tho 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 ru-
serve all the Stone Coal in and under the tract
conveyed TO j. j. Foster and that by mistake or
the said reservation was omitted b
and not inserted in said deed. That it WAS tina
of the said David Harper 10 convoy
said Coal to Randall Austin, with the right to
mine and take away, but that the same was mos
described and conveyed; TINT Ran
ial Austin intended to convoy said Stone Coal
10 reserved a. aforesaid to the plaintiff Parma
Ia Austin; that the same was not done, by O
mistake or misrepresentation. and that the said
!. j. Foster now claims the same Tfe object
md prayer of said petition Is that the deed made
~ Harper 10 said Foster he so reinrIned as to 10
erve the Stone Coal under said tract with leave
q mine ana take the same away. That the deed
rom David Harper to Randall Austin, Dr., be 50
eforlned as 10 convey said Stone Coal so r,.serl-
ii under the Foster tract TO said Randall Austin
~ competent and pertenent description snI
hat the deed from Randall Austin aud wiz. To
'armelia Austin be so reformed and corrected
. to convey by proper and pertenent description
AID stone Coal. with the privilege OF taking the
anne away SO reserved under the john j. Foster
rnot OF q acres ns Aforesaid. Aud that tho sa.d
Austinsbe quieted in her Tile ana th..
ipoyment OF Sire same and for other Propcr :
elief.
The above named defendants arc rsauire,i tY
ppear and answer against the iSt day OF Hsr,
so7, or judgment will he rendered against vrlt
" Iiefauit at the next term ol said Coat eoIi- q
ienoing on the ata lay Of maS;It,s Msy isS'i .
P!TAII.MAS Saurn asys for p,a't:I.-
Feb q, lai1 -Ow