Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-03-21
LEGAL Notice.

CARAH GOODNIGHT. Of johnson County, Mis-
= souri,; Charles Smith, Of JonesboTo, Grant
county, INDIANA; mary Jane Huitz and james
Nathan Smith, Nancy Smith, Rebecca Ellen Smith
Of Indiana; and Joseph Rix and Charles Xix
minor under the age Of twelve years, Of Blackford
County, Indiana; VII take notice that James
F. Smith, of Grant County. in the State Of Indiana;
and John Hall and Mary Hall, his wife, q High
land County, in the state OF ONO; DID, on the 5th
day Of February, A. D. 1878, hle 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, In6i-
ana, first named and son Of James Smith Sen, de-
ceased, hereina after named; and Mary Jane Hultz
and James HultZ, her husband; james Smith,
Nathan Smith, Nancy Smith, Rebecca Ellen Smith,
Henry Smith, Joseph Rix and Charles Rix, mi
May, 1877, one James Smith Sen. late Of Fayette
County, Ohio died intestate, seized Of estate in
fee simple in the following described real estate,
to-wit:
Beginning at two elms, South -Easterly corner to
John Morris survey No. 54S2, in the line OF Ebene
ger Scraggs' survey No. 27T3; thence with Scraggs'
line South degrees East 1873 poles to small black
oak, South-East corner to SAID survey, ana North
thence with Morris line West 229 poles to two hick
line Of Morris said survey thence with said line
North Ak degrees East 291 poles to the beginning
being Wallace Worthington's survey No. I0Is7,
for 1S5 acres, and situated in Perry Township, Fay
SECOND TRACT.
Beginning at a stake North West corner Of A.
Shepherd and William CaFter's survey No. $40;
thence North degrees West l76 poles to the South
West corner of Levi Tracys 100 acre tract; thence
East corner of said tract; thence South 5< degrees
East lie poles to the North line Of said Shepherd
Carriers survey; thence West SO poles to the begin
ming, containing l0l part Of E. Scraggs sur
vey 10. 277s, and situated in Perry Township, Pay
ette County, Ohio.
Beginning at two hickories, an elm and black
oak, West corner of wallace & Worthington sur
vey No lOIS7; thence with the South line of said
survey East 229 poles to two hiekories, an elm and
south DEGREES Eas5 50 poles to stone IN the line
Of Thomas COckrill; thence West 26z poles to q
stake in the line of John Morres survey No. 54S5;
thence North Il degrees East - poles to the be-
ginning containing 509< acres, being part Of DS-
Township, Fayette County, Ohio.
Excepting from said several tracts Of land ninety
acres and eighteen poles conveyed by James Smith
deed reference is hereby made for q more particu-
lar description Of said premises conveyed to said
James Smith Jr.
And that said James smith Sen. left said Anna
Smith his widow, who is entitled TO dover in the
said premises described in said petition; and that
said premises descended to the following described
persons only heirs and legal Representatives of the
said James Smith, deceased, subject 10 the dover
therein OF said Anna Smith, to-vit= To said petit
tionerS. Nancy W. Haines and Mary Hall. daugh-
tiers of said James smith SEN. and said petitioner,
smith Sem and son IS Of HsnTy s. Smith, Ta deems
ed; to said defendants, James Smith Jr and Charles
Smith, sons of said James Smith SEN, deceased;
Patsey Smith and Sarah Goodnight 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 st law Of Henry z. Smith, de-
ceased, and grandchildren Of said james Smith
SEN; aud to said Charles Rix, a minor, who IS 4
son and only heir at law Of one SusannSh Rix. de-
ceased, who was daughter OF said Henry E.
Smith, deceased subject the estate by the courtesy
of Joseph IsN in the interest Of said Charles Xix.
And that said parties have the following undivid-
ed estate in said premises Nancy W. HSiaes,
Mary Hall. James smith Jr., Charles smith lthe
son of said James Smith Sen.l, sarah Goodnight
and Patsey Smith, each one undivided seventh parts
the said John r. smith, Mary Jane Hult1, James
Smith. Charles smith, Nathan Smith, Nancy Smith.
Rebecca Ellen smith, Henry Smith, Charles Rix.
minor, each one undivided siNt-third part Of said
premises.
said plaintins in said premises may be set on to
them IN severalty: that the dover OF said widow,
Anna smith, may De assignedi or II partition of
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 in the premis-
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 tiN and Charles IiN, are hereby notified that
they are required TO appear and answer said petit
ton before the third Saturday after the 18th
day OF April \. ID. 1878,
MAYNARD & HADLEY,
Attorneys for Plaintifs.
March 5th, 1878. lTws