Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-10-17
Belmont Common Pleas.
Parmelia Austin and Lycurgus Austin, her hus.
band, Plaintiffs,


THE DEFENbASTss@Martsa sss = Ma saess Austin, who is
| L one of the heirs of Halstead Austin decd,
and who intermarrled with one LeoDhart, whose
| first name is unknown, and who resides in the
| city Of Covington, in the State of Kentucky-an
unknown daughter of Halsted Austin, who re-
| sides somewhere in the State of Indiana-Thos
Austin, a son of Halsted Austin deceased, whose
RsS place OF resdenee re rth Is % TnknownoJohn Echols,
where in the State of California--are hereby no.
tined that, on the 18th day of January, 1865, the
| fied her petition in the Court OF Common Pleas
within and for the County of Belmont and State
of Ohio, against Randall Austin, Sr., David Har-
per- and John ]. Foster, and that afterwards, on
the I'D day of September. 1866, she filed her
amended led op petition aganss said defend
7, the defendant, Randall Austin, departed
this life, and by leave of the Court his heirs and
ant to said action. That, among other things,
it is alleged in said petition that on the 3lst day
! sold and conveyed to said Randall Austin the
following described real estate: Being part OF
Range coSsy and
beginning for the same at the n. e. corner OF
said a q on ,oa the bank of the ohio Ever
sons line to the n. E. corner of said Patterson's
land; thence N. to n stake corner to piece of
land sold by said Harper to John ]. Foster, which
said corner is 90 poles North of the South line Of
said quarter Section thence w. 93 poles, to q
rock IN the W. line in said quarter Section and
corner to said Fosters land sold to him afore-
sSence line is 81 W
poles, to said quarter Sec. line; THENCE n. with
said line poles to the y; F. corner Of said quar-.
beginning. Containing 80 acres, more or less
together with the stone coal excepted and re-
of said quarter conveyed by said Harper to John
]. Foster, containing q acres and pOles reserv-
with right To- e a1d ae aWay And ihs tha
on or about the 18th of November lS63 the de,
fendent, Randall Austin. entered into a verbal
agreement with the plaintiffs, Parmelia Austin
Austin, ST., for and in consideration of eleven
the said Lyctirgus Austin for the said Randall
Austin, ST., at his request, and the further con-
and bound himself to convey, by good and sui. SUI
ficent deed of general warranty, the following
described part of the tract of land conveyed by
David Harper to Randall Austin, ST., aforesaid:
the $. Z. corner Of the lands Of said Randall
Joseph Worley; thence with the s. boundary Of
said Austin's land, and on the line between him
8 Woreys an aSe ne
OF ,th ne land G 3Wned sy I1hn j. M Foster thence n
his land thence r. at right angles with the last
line to the Ohio River; thence down said river
to the place OF beginning, containing IL acres,
est in and to the mining privileges, under the
lands of John ]. Foster, as reserved and granted
the 18th day of November, 1853, the defendants,
Randall Austin and wife; In pursuance OF said
contract, executed ana delivered TO the plain
tiff, Parmelia Austin, deed, conveying to her
the piece of land above described together with
the mining privileges under the land of ]. j.
Foster, as reserved and granted 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. j. Foster and that
by mistake or fnadvertance, the said reserva-
tionwas omitted and not inserted I'm said deed
Thatf was the intention of the said David Har-
per to convey said coal to Randall AUSTIN with
'e 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
TIN, Parmeiia 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 by Harper to said Foster be so re-
formed as to reserve the stone coal under said
tract with leave to mine and take the same
away. That the deed from David Harper to
Randall Austin to be so reformed as to convey
saiu 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 so
reserved under the John j. Foster tract Of q
acres as aforesaid, and that the said Parmelia
Austin be equieted In her title and the enjoyment
OF the same and for other proper relief
The above named defendants are required to
vember, 1857, or judgment will be rendered
against you by default at the next term of said
Der, 1867. ]. r. MTTcHELL, Clerk,
?: TALLMAN 4 SMITH, Atty's for Pins.
Sept -, lS67-8w