Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-02-28
Legal Notice.
Parmelia Austin andl
Lycurgus Austin, co,,rt ., ,,o,,,,,<,,,
her husband, SH, Hi. oi SDl,,noIi Ga',

Parmelia Austin and)
Lycuisus y,ar ssta.eS aus.ih' Court OF Common Pleas
~ ~ rs "' - Belmont County, Ohio.
Randall Austin, ct al. < 4.e} l,s..
HE defendants, Austin Gill, Henry Austin,
l. Randall Austin, Jr., who reside somewhere
N the state of OF Illinois; Elvira Feriog and
tin and Lucy Austin, who reside in the State of
New York; Mary Austin and Richard Dolby
known heirs of Halstead Austin, deceased, and
Martha Echols whose residence are unknown,
and Solon Austin who resides in Missouri, are
hereby notified that on the 18th day of January.
1855 the plaintiff Parmelia Austin and her hus-
Pleas within and s for the C County OF Belmontand
state of Ohio, against Randall Austin, ST., David
Harper and John J; Foster and that afterwards,
amended petition against said defendants, and
on the = day Of - - the defendant, Randall
Court his heirs and legal representatives We're
made parties defendant TO said action. That
that on the Slst day of August, 1888, the defen-
dant, David Harper, sold and conveyed to said
Section 2s Township 9. of Range 2, in said Coun-
ty and state aforesaid: Beginning for the same
bank of the Ohio River, thence South 20o East
l20 poles, more or less, to James Pattersens cor
ner; thence West with said Pattersons line to
the North East corner of said Patterson's land;
thence North to Stake corner to piece of land,
corner is 60 poles North Of the south line OF said
quarter Section; thence West 93 poles to a Rock
in the West line of said quarter Section and cor
ner to said Fosters land, sold to him afore-
said thence North on said quarter Section line
50 poles; thence North 4lo East 9I poles thence
line; thence North with said line poles to the
North East corner OF said quarter Section; thence
taining 90 acres, more Or less, together with the
Stone Coal excepted and reserved by said Har-
per under the Piece or parcel of said quarter
tanning q acres and poles reserving, however,
the Stone Coal under the same, with right to
Randall Austin, entered into verbal agreement
husband, whereby the said Randall Austin, Sr.,
for and n consideration of eleven years work
cna nsn for said Randall e siS g
his request, and the further consideration of ma
tural love and affection agreed and bound him
self to convey by good and sufficient deed of
general warranty the following described part
OF the track of land conveyed by David Harper
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
Worley; thence West with the South boundary
of said Austin's Land and on the line between
corn corner of said Worley's land and Til il inter-
sects the East line of the land owned by John j.
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 IL acres, more or less.
Also all his right, title, and interest in and to the
mining privileges under the lands OF John j.
FOSteriQS reserved ana Brhnueu 10 MIN Dy tne
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 plaintih, Parmelia
Austin, a deed conveying To her the piece of
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 IL was the intention of David Harper To
serve all the Stone Coal in and under the tract
conveyed to j. j. Foster, and that by mistake or
and not inserted in said deed. That it was tina
Intention of the said David Harper to convey
said Coal to Randall Austin, with the right 20
mine and take away, but that the same was not
sufficiently described and conveyed; that Ran
dal Austin intended to convey said stone Coal
SO reserved as aforesaid TO the plaintiff Parme-
liza 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 Is that the deed made
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, Sr. be so
reformed as TO convey said Stone Coal SO resery-
by competent and aertenent description, and
Parmelia Austin be so reformed ana corrected
as to convey by proper and pertenent description
said Stone Coal, will the privilege OF taking the
same away reserved under the John j. Foster
tract OF "a acres as aforesaid. And that the said
Parmelia AustinLbe qufeted In her title and the
enjoyment OF the same and for other proper
The above named defendants are required to
1851, or Judgment will be rendered against you
by default at the next term OF said Court, COM
menOins ON ths 9th gay q df,ihE7 MY tsT casr,.
=. r TALLMAN SMITH at'ys for platffs.
4, t.fr.r 10 sf.t. raj ... -