Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-10-10
Belmont Common Pleas.
Par1nelia Austin and Lycurgus Austin, her hus
band, Plaintiffs,

Randall Austin, ct al, Defendants.
V7HE NTS-Martha Austin, who is
u one of the heirs of Halstead Austin, deed,
and who interm9rrled 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 uDknOwn-John Echols
husband Of Martha Echols who reside some
whore in the state Of Californta-are hereby no.
plaintiff, Pamela Austin, and her husband
filed Eer petition in the Court of Common Pleas
within ana for the county Of Belmont and state
of Ohio, against Randall Austin, ST., David Har-
per, and John j. Foster, and that afterwards, on
the 22d dey of September. 1853, she filed her
ants and on the = day Of N-------,
-, the defendant, Randall Austin, departed
this life, and by ieave Of the Court his heirs and
ant to said action. Tina among other things,
1t is alleged ia said petition that, the 3lst day
OF August, lSi3. the defendant, David Harper,
sold and conveyed to said Randall Austin the
fpli"wing described real estate; Being part Of
of Range 2, in said County and State aforesaid.
beginning for the same at the \. r.. corner OF
thence :. 9O2 l.. 100 pOleS more or less. to James
Pattersons corner; thence w. with said Patter
sons line TO the y. T.. corner Of said Patterson's
land; thence n. to ii stake. corner to a piece of
land sold by said Harper to John ]. Foster, which
said corner is 10 poles North of the South line Of
said quarter SectjOn; thence w. 9S poles, TO a
rock in the w. line in said quarter Section and
corner to said Fostj r'S land sold to him asafuro-
said thence v. on said quarter Sec. line 81 poles;
thence y, 40 r. "a poles; thence n. 46o w. rs
poles, TO said quarter Sec. line; thence y. with
said lne G poles to the n. f. corner of said quar-
ter Section; thence T.. l20 poles, to the place of
beginning. containing 80 acres, more or less,
together with the stone coal excepted and re-
served bv said Harper under the piece or parcel
ofsaid quarter conveyed by said Harper 10 John
]. Foster, containing y acres and poles reserv-
ing, however, the stone coal under the same,
on or anout the 18th of November, 1863 the de-
fendent, Randall Austin, ente"ed intoa verbal
@ agreIm%h!] me ] ws re Phdrnhy ,e anid Pasa n
Austin, ST., for and in consideration OF eleven
years work and labor done and performed by
the said Iycurgus Austin for the said RandaI
Austin, ST., al hisrequest, and the further con-
sideration of natural love and affection agreed
and bound himself TO convey, by good and suf-
described part of the tract of land conveyed by
David Harper to Randall Austin, ST., as aforesaid
commencing nj II point on the Ohio River at
the $. f. corner OF the lands of said Randall
Austin, Jr., and the N. Fl. correr OF the lands Of
Joseph Worley; thence with the s. boundary Of
said Austins lnnd, and on the line between him
and the said Worley, to the n. r. corner of said
Worley's land and III II intersecis The +. line
with the said Fosters line TO the n. T.. corner of
his land: thence r. at right angles with the last
to the place of beginning, containing IL acres
more or less. Also all his right, title, and inter-
est in and TO the mining privileges, under the
lands of John j. Foster, as reserved and granted
to him by the said David Harper: And that on
the 18th day of November, 1863 the defendants
contract, executed and delivered to the plain
tiff, Parmelia Austin, a deed, conveying to her
the piece of land above described, together with
the mining privileges under the land of ]. ].
Foster, as reserved and granted 10 him by David
Harper. That IL 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 inadvertance, the said reserva-
tion was omitted and not inserted in said deed.
That II was the intention of the said David Hnr-
per to convey said coal to Randall Austin. with
the right tn mine and take away, but that the
same was not sufficiently described and convey
ed that Randall Austin intended tn convey said
stone coal 80 reserved as aforesaid to the plain
tiff, Parmelia Austin; that the same was not
done by a mistake or misapprehension, and
that the said ]. 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 reformed as to convey
said stone coal so reserved under the Foster
tract to said Randall Austin by competent and
pertinent description and that the deed from
so reformed and connected rs to convey by
proper and pertinent description said stone coal
with the privilege of tniSing the same away so
reserved. under the John j. Foster tract of q
acres as aforesaid, and that the said parmelia
Austin he quicted in her title and the enjoyment
of the same and for other proper relief
The above named defendants are required to
appear and answer against the Dist day of No
vember, 1857, or judgment will be rendered
against you by default at the next term of said
Court, commencing on the llth day Of NoVeln-
.ber, 1871 j. u. MITCHELL, Clerk.
y. TALLMAN 4 SMITH, Attys for Plfis.
Sept. ~, lSG7-6w