Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-04-11
Legal Notice.

O ARAH GOODNIGHT, of johnson County, Mis-
= souri,; Charles Smith, of Jonesboro, 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,
minor under the age of twelve years, of Blackford
County, Indiana; will take notice that James
Haines and Nancy W. Haines, his wife, and John
F. 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. 1873, file their petition in
the Court of Common Pleas within and for the
County Of Fayette and State of Ohio against james
Smith Jr: and Anna Smith OF Fsyette County,
Of Hardin County, Ohio; and said Sarah Goodnight,
charles Smith OF Jonesboro Grant county, 1n9I-
and James Huitz. her husband: James Smith
Charles Smith, son of Henry L. Smith, deceased;
Nathan Smith, Nancy Smith, Rebeeea Ellen Smith.
Henry Smith, Joseph Rix and Charles Rix, mi
nor: setting forth that about tie Nth day of
May, 1877, one James Smith Sen, late O Eayette
County Ohio died intestate seized of an estate in
fee simple in the following described real estate,
FIRST TRACT.
Beginning at two elms South-Easterly corner to
John Morris survey No. 5432, in the line of Ebene
ger Scraggs survey No. 2T73; thence with Scraggs'
line South degrees East I98 poles to small black
OAK, SOUTHEAST corner to said survey, and North
East corner to David Morris survey number 5979;
ories. an elm and blackjack in his line, and in the
line of Morris said survey; thence with said line
being Wallace & Worthington's survey No. 10IS7,
1or l55 acres and situated IN Perry Township, Fay
elIe OOunCy, OnlO
SECOND TRACT.
Beginning at a stake, Northwest corner of a.
Shepherd and William Carter's survey No. $40;
We Corner T IF f u NJ STss - 10 1T1@ t @ tf. - & 9b
with the line Of said tract East % poles the South
East corner of said tract thence South 81 e0rees
East l76 poles the North line of said Shepherd
Carriers survey thence West go poles to the begin
ming. containing IOI acres part Of E. scraggs sur
vey No. 2I73 and situated in Perry Township, Fay
THIRD TRACT.
Beginning at two hickories an elm and black
oak West corner Of Wallace & WOrthin gtons sur
vey No. 10I37; thence with the South line Of said
survey East 229 poles to two hickoTies an elm and
South degrees East 81 poles to stone in the line
stake IN theslin OF John Morres survey No. 5tS2;
thence North 4l36 degrees East 81 poles to the be-
ginning, containing 505< acres being part Of Da
vid Mason's survey No. 1919, and situated in Perry
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 SO,
deed reference is hereby made for more particu-
lar description OF said premises so conveyed TO said
And that said James Smith Sen. left said Anna
Smith his widow, who is entitled to dover in the
said premises descended TO the following described
persons only heirs and legal represen tatives of
therein of said Anna Smith, to-wit: To said petit
| tioners, Nancy w. Haines and Mary Hall, daugh-
ters Of said James Smith Sen. and said petitioner
John +. Smith, who is a grandson Of said James
4 S5nltn zen ana son 9d aenTy Z, SnItn 9eeess-
.
Smith, sons of said James Smith Sem, deceased
Patsey Smith and Sarah Goodnig who are daugh-
ters Of said James Smith SEN; and to Mary Jane
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 Smith
Sem; and to said Charles RiX, minor, who is
son and only heir at law of Susannah Rix. de-
ceased, who q daughter of said Henry i.
Smith, deceased subject the estate by the courtesy
of Joseph RiX in the interest of said Charles Rix.
And that said parties have the following unCivid-
| ed estate in said premises: Nancy W. Haines,
Mary Hall. James Smith Jr.. Charles Smith tths
| son Of said James Smith SEM, Sarah Goodnight
and Patsey Smith, each one undivided seventh part;
| the said John F. Smith, Mary Jane Hultz, James
Smith, Charles Smith, Nathan Smith, Nancy Smith,
Rebecca Ellen Smith, Henry Smith, Charles Rix.
minor, each one undivided third part Of said
premises.
The prayer of said petition is that the interests OF
said plaintihs in said premises may be set OF to
them in severalty; that the dover Of said widow,
Anna Smith, may be assigned; or If partition OF
said pTmises cannot be made without manifest in
jury to the same then that said premises be sold;
and for such other and further relief in the remis
es as the said Court may deem Just and equitable.
And the said Sarah Goodnight, Charles Smith,
Mary Jane HultZ and James Hultz, her husband,
James Smith, Charles Smith, Nathan Smith, Nancy
Smith, Rebecca Ellen Smith, Henry Smith, and JO-
seph RtX and Charles RiX, hereby notified that
they are required to appear and answer said petit
ton before the third Saturday after the 18th
day of April, A d. 1873.
MAYNARD & HADLEY
Attorneys for Plaintihs.
March 9TH, 1878. l7W6