Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-10-24
Yegal.
Belmont Common Pleas.
Austin and Lycurgus Austin, her hus-
band, Plaintiffs,


THE sai Aass {. M who is
and who intermarried with one Leonhart, whose
first name Is unknown, and who resides in the
unknown daughter of Halsted Austin, who re-
sides somewhere in the state of Indiana-Thos
Austin, a son Of Halsted Austin, DECEASED, whose
place of residence is unknown-John Echols
husband of Martha Eehols. who reside some
where in the state Of California-are hereby mo-
plaintiff, Parmelia Austin, and her husband
filed her petition in the Court of Common Pleas
OF Ohio, against Randall Austin, ST., David Har-
per, and John ]. Foster, and that afterwards, on
--, the defendant, Randall Austin, departed
this life, and by leave of the Court his heirs and
legal representatives were made parties defend
ant to said action. That, among other things
of August, 1888, the defendant, David Harper
sold and conveyed to said Randall Austin the
a geS eson ReH Ra
of Range 2, In said County and State aforesaid
beginning for the sanfe at the ~ Z, corner of
said Section on the bank of the Ohio River;
thence s. 20o T.. 100 poles, more or less to james
Patterson's corner; thence w. with said Patter-
land sold by said Harper to John ]. Foster, which
said quarter section; thence w. 90 poles, to a
rock In the "; line IN SAID quarter Section and
soi .o said INN INN %
thence N. 4lo Il. 9i poles thence N. 46o w. rs
poles, to said quarter Sec. line; thence n. with
said line poles to the N f. corner of said quar-
ter Section thence +. l20 poles, to the place OF
beginning. Containing DO acres, more or less,
served by said Harper under the piece or parcel
OF said quarter conveyed by said Harper to John
Ing, however, the stone coal under the same,
with right to mine anu take away. And that,
S Or ss se sn q as the Se
agreement wi tn the plaintifTs Parmelia Austin
and her husbendi whereby the said Randall
years work and labor done and performed by
the said LycurCus Austin for The said Randall
Austin, ST., AZ his request, and the further CON
sideration of natural love and affection agreed
and hound himself oconvey, BY good and saf
fcent decd of general wa rranty, the following
described rnrt Of the tract of land conveyed by
b..yil Harper TO t..ndal Austin, Sr as aforesaid:
% ats PPipt on tie M Ohio ,d River p,a NJ
Austin, Jr., and the N. f.. eorrer of the lands OF
Joseph Worley; thence with the S; boundary of
and the said worley, 70 the N. f. corner Of said
Worley's land, and III u intersects the Il. line
with the said Fosters line TO the N. Ia corner of
his land thence Il. at right angles with the last
to the place of beginning. containing IL acres,
Iuor or less. Also all his right tire, and inter-
est IN and to the mining privileges, under the
70 him by the said David Harper. And that on
the 18th day Of Noyember 1869, the defendants,
contract, executed and delivered To the plain-
tff Parmelia Austin, deed, conveying to her
the piece of land above described, tagether with
the mining privileges under the land of j. j.
Foster, Us reserved and gran ted to him by David
Harper. That II was the Intention OF David
Harper to reserve all the stone coal In and un-
der the tract conveyed to j. ]. Foster, and that,
by mistake or inadyertance, the said reserva-
That Il was the intention of the said David Har-
per 10 convey said coal to Randall Austin. with
| the right To mine and take away. but that the
same was not sufficiently described and convey
ed that Randall Austin Intended to convey said
stone coal so reserved as aforesaid To the plain
| tifr Parmelia Austin: that the same was not
done bya mistake or Misrepresentation, and
| that the said j, ]. Foster now claims the same.
Theobject and prayer Of said petition Is that the
| deed made by Harper to said Foster be so rec
| formed as TO reserve the stone coal under said
away That the deed froin David Harper Ia
| Randall Austin to he 80 reformed as 10 convey
| said stone coal so reserved under the Foster
| tract to said Randall Austin by competent and
| pertinent description and that the deed from
| Randall Austin and wife To Parmelia Austin be
| so reformed and connected as TO convey by
| proper and pertinent description said stone coal
| with the privilege of taking the same away sc
reserved under the John ]. Foster tract of y
acres as aforesaid, and that the said i'armelia
\ Austin he quieted in her till and the enjoym
I OF the same and for other proper relief ~ l'
The above named defendants are required tc
\ appear and answer against the 2lst day Of No
/ vember, 1907, or judgment will be rendered
i against you by default at the next term Of said
I Court, commencing on the lith day Of Noysm
\ her, 1867 .'itt j. II. MIrcHELL, Clerk.
J n TAI.LMAS 4 SMITH, Atty's for Prns.
r Sept. -, issz-6w { 1iliF1Tl Llcf1a y