Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-10-31
gsgal.
Belmont Common Pleas.
Parmelia Austin and Lycurgus Austin, her hus.
band, Plaintiffs,


,,,,,,, Randal Austn, M ct a. DSfendants. ,s
i one of the heirs of Halstead Austin, decd,
and who intermarrIed with one Leonhart, whose
first name is unknown, and who resides in the
unknown daughter OF TIalsted Austin, who re-
sides somewhere in the State of lndiana-Thos.
place Of residence is untnow n-John Echols,
husband of Martha Echo.s. who reside some
where in the state Of fCaiifornia-are hereby no
titled that, on the 18th day of January 1865, the
plaintiff, Parlnelia Austin, and her husband,
filed her petition in the Court Of Common Pleas
OF Ohio, against Randall Austin, Sr., David EIar-
per, and John ]. Foster. and that afterwards on
amended am petition against said defend
ants, and on the = day OF of---------
-, the defendant, Randall Austin, departed
legal representatives were made parties defend
ant TO said action, That, among other things,
it is alleged In said petition that, on the 3ist day
OF August, 1873, the defendant, David Harper,
sold and conveyed TO said Randall Austin the
the Northeast quarter of Section %, Township 2
of Range 2, in said County and State aforesaid
said section on the bank of the Ohio River;
thence S. 20o f. 100 poles, more or less, to James
cnce W. OF wt sa iPad
land; thence N. TO stake, corner to piece of
land sold by said Harper to 1ohnJ. Foster, which
said quarter section; thence w. 0s poles, to q
rock In the W: line in said quarter Section and
said; thence N. on said quarter See. line 32 poles
thence N. 40 r. 9I poles; thence N. i6o w. rs
poles, to said quarter Sec. line; thence n. with
ter Section; thence +. 100 poles, to the place OF
begiining. Containing 30 acres, more or less,
| served by said Harper under the piece or parcel
| of said quarter conveyed by said Harper to John
]. Foster, containing n acres and poles, reserv
ing, however, the stone coal under the same,
with right 10 mine and take away. And that,
fendent, Randall Austin, entered into u verbal
agreement with the plaintiffs, Parmelia Austin
Austin, Sr, for and i'm consideration of eleven
years work and labor done and performed by
the said Lycurgus Austin for the said Randall
Austin, ST., at his request and the further con-
sideration of natural love and affection agreed
and bound himself to convey, by good and suf-
described part of the tract OF land conveyed by
David Harper to Randall Austin, ,sr., ms aforesaid:
! the $. f. corner Of the lands OF said Randall
Austin, Jr., and the N. f. corr er of the lands of
said Austin's land, and on the line between Bim
and the said Worley, 20 the n. f. corner Of said
OF the land owned by John ]. Foster; thence nc IN N.
| with the said Fosters line TO the N. f. corner OF
his land thence % Fl at right angles with ~ the last
TO the place of beginning containing ~ acres,
more or less. Also all hts right title and inter
lands of John J. Foster, as reserved and granted
to him by the said David Harper, And that on
Randall Austin and wife, In pursuance of said
| contract, executed and delivered TO the plain
the piece Of iand above described together with III
| the mining privileges under the land of ]. j.
M Mas ana a Sy
| Harper TO reserve all the stone coal In and un-
der the tract conveyed TO ]. ]. Foster, and that
| by mistake or inadvertance, the said reserya-
| tion was omitted and not Inserted in said deed
That Ii was the intention of the said David Har-
| per TO convey said coal to Randall Austin. with
the right TO mine and take away, hut that the
same was not sufficiently described and convey
| ed: that Randall Austin Intended 10 convey said
stone coal SO reserved as aforesaid to the plain.
tiff, Parmelie Austin; that the same was MOI
done by mistake or Misrepresentation, and
that the said J. ]. Foster now claims the same
The object and PRAYER Of said petition is that the
formed as to reserve the stone coal under said
tract with leave TO mine and take the same
away. That the deed nom David HarpdY Il
Randall Austin to be 40 reformed a. to convey
said stone coal so reserved under the Fostel
tract TO said Randall Austin by competent ant
pertinent description and that the deed from
Randall Austin and wife to Parmelia Austin b,
so reformed and connected as TO convey b,
proper and pertinent description said stone Goa
with the privilege Of taking the same away :,
reserved under the John ]. Foster tract OF Q
Austin be quieted in her title and the enjoy men
Of the same and for other proper relief
The above named defendants are required I.
I appear and answer against the 2lst day OF No
, vefnber 1857, or Judgment will be rendere,
against you by default ut the next teym OF sal,
} Court, commencing on the llth day OF Novem
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