Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-03-07
9tgat Hotiffs.
Legal Notice.

Parmela Austin andl
lYSSrEESs Ssr EEss6sas 6ASssiiD SoSr. q Common rles.
,S belmont County, Ohio.
Hsassl Is,ls Austin, & y !..,, .l,',
Randall Austin, Jr., who reside somewbore
in the state OF nlinois; Flvlra Ferlow and
Washington Ferlow her husband, John Il. Aus.
tin and Lucy Austin, who reside In the state OF
New York; Mary Austin and Richard Doibv
who reside in the state Of Kentucky, the un-
known heirs of Hnlstcad 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
1896, tue plaintiff I'armclia Austin aud her hus.
band, filed her petition In the Court OF Common
State of Ohio, against Randall Austin, ar. David
Harper and John j. Foster, and that afterwards
amsnsca an thS "a Sy ssa s .d hs
%nstn an %y S ,hi. i'm se d Rnda
made parties defendant TO said action. That
among other things 1t Is alleged in said petition
Randai AUSTIN the following sfS described l. Reai sI
esoh a 9sn RnEh NSnae ES Of
ty and state Aforesaid: BEGINNING for the same
bank OF the Ohio River, thence South boz East
40 poles, more or less, to James Pnttersens cor
the North East corner of said Patterson,s land.
thence North to stoke corner TO piece of land,
sold by said d6 Harper to John J. Foster which said
quarter section thence West 90 poles to Rock
In the West line OF said quarter Section and cor
ner to said Fosters land sold to him as afore-
81 poles; thence North 10 East 81 poles: thence @
North 48o West 30 poles to said quarter Section
line, thence North with said line o poles to the
North East corner of said quarter Section: thence
tanning 90 acres more or less, together With, the
| Stone Coal excepted and reserved by said Har-
Conveyed by said Harper TO John j. FostSer' con.
tanning acres and poles, reserving, however,
mine and take away And that ON wsn or abSat bsht tho
18th day Of November, 1888, the defendant,
Randall Austin entered 1 into verbal agreement
husband, whereby the said Randall Austin. ST..
| for and n consideration of eleven years work
curgas Austin for the said Randall Austin. Sr.. AZ
his request and the further consideration Of ina-
general warranty the following descrbed seS Sap 81
to Randall Austin, ST.. as Aforesaid Commencir emo r
at point on the Ohio River at the South East
and the North East corner Of the lands Of osep sp
Worley; thence West with the South boundary
Of said Austin's land and on the line between
him and the said Worley to the North East
corner Of said ,Worley's land, and TIL it inter
sects the East line of the land owned by John j.
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 II acres, more or less
Also all his right, title, and interest in and to the
mining privileges under the lands of John J.
Fosterlas reserved and granted to him by the
said David Harper. And that ON the i5th day
of November, 1SB3 the defendants Randall Aus
tin and wife, In pursuance of said contract ex.
ecuted and delivered to the plaintiff, ParmeIif
land above described together with the mininr
privileges under the land of j. j. Foster as re
served and granted to him by David Harper
. That 1t was the intention of David Harper to re
serve all the Stone Coal in and under the trac
conveyed to J: J. Foster, and that by mistake O.
and not inserted in said deed. That il was tn;
intention of the said David Harper to cOnye,
said Coal to Randall Austin, with the right Il
mine and take away, but that the same was no
, sufficiently described and conveyed; that Ran
. dal Austin intended to convey said Stone Goa
liza Austin; that the same was not done, by
mistake or misrepresentation, and that the sal,
j. j. Foster now claims the same. The objec
and prayer OF said petition is that the deed mad
by Harper to said Foster be so reformed as to re
2 serve the Stone Coal under said tract with leay
to mine and take the same away. That the dee
from David Harper to Randall Austin, ST., be 9
g reformed as to convey said Stone Coal so resery
ed under the Foster tract to said Randall Austil
by competent and pertenent description, an
that the deed from Randall Austin and wife :
Parmelia Austin be reformed and cOrrecte
D as to convey by proper and pertenent descriptio
said stone Coal, with the privilege of taking tn
same away so reserved under the John J. FOste
tract OF u acres as aforesaid. And that the sal
, | Parmelia Austinsbe quietcd in her title and tn
4 relief FF
: The above named defendants are required I
: appear and answer against the LIST day of MAJ
; 1867, or judgment will be rendered against yo
by default Mt the next term of said Court, con
mencing on the 9th day of May, 1867.
Q j. II. MITCHELL, Clerk
i p. TALLMAN & SMITH atys for pla' tfs
Feb. o. lS67-6w r "