Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-03-14
gfsaI Yctifes.
Legal Notice.
Parmella Austin and
LycurKus Austin,
her husband,

pnrmelin Austin ana
Lycurgus Austin, c,,r, NJ f,oc,,,oo,, p,...
"o' 10 Belmont County, Ohio,
n HE defendants, Austin Gill Henry Austin,
i Randall Austin, Jr., who reside somewhere
In the state of Iliinolsi Elvirn Ferlow and
Washington Ferlow her husband, John r. Aus
tin and Lucy Austin who reside I'm the state Of
who reside in the state OF Kentucky, the un-
known heils Of Halstend Austin, decensed, and
and and scion Austin who resides in Missouri, are
hereby notified that on the 18th day OF january,
iseo the p9mt r ~ austin and m her hu.
Pleas within and for the County Of Bclmontand
state Of Ohio against Randall Austin, sr., David
Harper and John j. Foster, and that afterwards,
amended petition against said seisndan.:, and
Austin, departed this life, and by leave OF the
Court his heirs and legal representatives were
among other things II is alleged In said petition
that on the glst day Of august, 1888 the defen,
Randai Austin the The foil following win described Real
Estate, being part Of the North East quarter Of
at the North East corner of said section, on the
bank Of the Ohio River, thence south SoO East
ner; thence West with said Patierson's line to
the North East corner of said Patterson's land;
sold by said Harper to John J. Foster which said
corner is 60 poles North of the South line OF said
in the West line Of said quarter section and cor
ner to said Fosters land, sold to him as aforc-
80 poles; thence North 4io East S1 poles: thencs
North 46o West 8S poles to said quarter Section
North Fast corner of said quarter section: thence
East 40 poles to the place of beginning con-
taining 90 acres, more Or less together With ths
Stone Coal excepted and reserved by said Hnr-
conveyed by said Harport to John j. Foster, con,
| the Stone Coal under the same, with right to
mine and take away. And that on or about the
Randall Austin, entered Into verbal sereemsnl
with the plaintiffs, Parmelia Austin and her
for and n consideration of eleven years work
and labor done and performed by the said Ly-
his request, and the further consideration of ma
tural love and affection agreed and bound HIM
to y deed
Of the track ola Of LANG ID conveyed by David Harper
corner Of the lands of said Randall Austin, Jr.,
and the North East corner OF the lands OF Joseph
Of said Austln's land and ON the line between
him and the said Worley to the North East
sects the East line of the land owned by John J.
Foster; thence North with the said Fosters line
East and at right angles with the last line 10 the
Ohio River; thence down said river TO the place
Also ali his tie and interest IN and Fl to tc
mining privileges under the lands of John J.
F1,sSteras, ,S ,, reserved and granted to him BY the
| of November lStiS, the defendants, Randall Aus
tin and wife, In pursuance of said contract ex-
ecuted and delivered to the plaintiff, Rarnielia
| Austin, "a deed conveying to her the piece OF
land above described, together with the mining
privileges under the land of ]. j. Foster as re.
served and granted to him by David Marper.-
That 1t was the intention of David Hhrper 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 deed. That IL was the
intention of the said David Harper to convey
said Coal to Randall Austin, with the right tc
mine and take away, but that the same was moi
sufficiently described and conveyed; that Ran
dal Austin Intended to convey said Stone Goa
SO reserved as aforesaid to the plaintiff Parme
| liza Austin; that the same was not done, by q
mistake or misapprehension, and that the sail
J.J. Foster now claims the same. The objec
and prayer OF snid petition Is that the deed mad,
by Harper to said Foster be so reformed az tore
serve the Stone Coal under said tract with leav,
to mine and take the same away. That the tleet
from David Harper to Randall Austin, Sr be Ok
reformed as to convey said Stone Coal so reserv
ed under the Foster tract to said Randall Austif
by competent and gertenent description. ant
Parmelia Austin be SO reformed and correcte<
as to convey by proper and pertenent description
said Stone Coal, with the privilege of taking tn
r some away so reserved under the John j. Foste
tract of n acres as aforesaid. And that the sale
J Parmelia Austin be quieted In her title and IN,
| relief. r +hN ~ = = :
The above named defendants are required b
appear and answer against the LIST day Of May
1857, or Judgment will be rendered against yc,
by default ut the next term of said Court. con,
i mencing on the 9th day Of May, lsT;
P. TALLNAN 4 SMITH at'ys for piatfn.
Feb. q, lS67-Bw Ts-.'t