Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-03-28
Legal Notice.

CARAH GOODNIGHT, of johnson County, Mis-
p souri,; Charles Smith, of 1onesboro, Grant
Hultz, her husband; James Smith, Charles Smith,
Nathan Smith. Nancy smith, Rebecca Ellen Smith
and Henry smith, all of Grant County, in the State
OF Indiana: and Joseph RiX and Charles Rix, q
minor under the age OF twelve years, OF Blackford
County, Indiana; will take notice that James
Haines and Nancy ". Halnes, his wife, and John
L. Smith, of Grant County, in the State of Indiana;
land County, in the State Of Ohio: did, on the 5th
day of February, A. D. 1878. file their petition in
County of Fayette and State of Ohio against James
Smith Jr. and Anna smith. of Fayette County,
Ohio; and Israel Smith and Patsey Smith, his wife,
of Hardin County, Ohio; and said Sarah Goodnight,
Charles Smith, of Jonesboro, Grant County, Indi-
ana, first named. and son of James Smith Sem, de-
ceased, hereinafter named; ana Mary Jane Hultz
and James HultZ, her husband; James Smith,
Charles Smith, son of Henry Z. Smith, deceased:
Nathan Smith, Nancy Smith, Rebecca Ellen Smith,
Henry Smith, Joseph RiN and Charles RiX, mi
May, 1877. one James Smith Sen, late of Fayette
County Ohio, died intestate, seized of estate in
to-wit:
FIRST TRACT.
Beginning at two elms, South -Easterlv corner to
zer Scraggs' survey No. 2778 thence With Scraers,
line South degrees East 1873 poles to small black
East corner to David Norris survey number 5979;
thence with Morris line West 229 poles hick-
orles, an elm and blackjack in his line and in the
line of Morris said survey; thence with said line
North 4l degrees East 29I poles to the beginning,
| being Wallace & Worthington's survey No. l0l37,
for l35 acres and situated in Perry Township, Fay
cite County, Ohio.
SECOND TRACT.
| Beginning at a stake, Northwest corner of A.
| Shepherd and William Carters survey No. $40;
thence North degrees West I7G poles to the South
with theIine of said East poles to the South
East corner of said tract; thence South 54 degrees
Carter's survey; thence West 80 poles to the begin
ming. containing l0l acres, part of E. Scraggs'
vey No. 2773 and situated in Perry Township, Fay
THIRD TRACT.
Beginning at two hickories, an elm and black
yaV No 10i97. thence With fSe Sonfh 1i5e of said
survey East 229 poles to two hickories, elm and
So1t o 70 sala survey
| of Thomas Cockril; thence West 264 poles to a
thenee North 4I5 degrees East 3 poles to the be-
gnning, containing 504 acres being a part of Da-
Township, Fayette County, Ohio.
Excepting from said several tracts of land ninety
| acres and eighteen poles conveyed by James Smith
Sen. to James Smith Jr., by deed dated October 80
| 1863, and recorded in Book n, page 52I, to which
deed reference is hereby made for Il more particu.
lar description of said premises so conveyed to said
James Smith Jr.
| And that said James Smith Sen. left said AIMS
| Smith his widow, who is entitled to dover in the
| said premises described in said petition; and thai
said premises descended to the following described
persons only heirs and legal representatives of tht
said James Smith, deceased, subject to the dowel
| tioners, Nancy w. Haines and Mary Hall, datlgh
ters of said james Smith Sen, and said petitioner
John F. Smith, who IS a grandson of said Jame
Smith Sen, and son of Henry Z. Smith, deceas
ed: to said defendant James Smith P. and Charles
Smith, sons of said James Smith Sen. deceased
| Patsey Smith and Sarah Goodnight, who are daugh
ters OF said James Smith Sem; and to Mary JAM
HultZ, James Smith, Charles Smith, Nathan Smith
| Nancy Smith, Rebecca Ellen Smith. Henry Smith
| children and heirs at law of Henry Z. Smith, de
ceased, and grandchildren of said James Smitl
Sen; and to said Charles Rix, a minor, who is
son and only heir at law of one Susannah Rix, de
ceased, who was daughter of said Henry E
Smith, deceased, subject the estate by the courtes
of Joseph RiX in the interest of said Charles RiX
| And that said parties have the following undiyid
ed estate in said premises: Nancy W. Haines
Mary Hall, James Smith Jr., Charles Smith 9TH
son of said James Smith SEM, Sarah Goodnigh
and Patsey Smith, each one undivided seventh part
the said John F. Smith, Mary Jane Hultz, jaime
smith, Charles Smith, Nathan Smith, Nancy Smith
| Rebecca Ellen Smith, Henry Smith, Charles Rix
minor, each undivided sixty third part of sai(
premises.
The prayer of said petition that the interests
said plaintiffs in said premises may be set off t
Anna Smith, may be assigned; if partition Q
said prmises cannot be made without manifest in
jury TO the same, then that said premises be sold
and for such other and further relief the preis
es as the said Court may deem Just and eouita BILE
And the said Sarah Goodnig ght. Charles Smith
Mary Jane Hultz and James Hultz, her husband
James Smith. Charles Smith, Nathan Smith, Name,
Smith, Rebecca Ellen Smith, Henry Smith, and 10
seph Rix and Charles Rix, are hereby notified tina
they are required to appear and answer said peti
ton or before the third Saturday after the IStl
day of April, A. D. 1873.
MAYNARD & HADLEY,
Attorneys for plaintiffs.
March 7th, 1873. l7w6