The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1884-01-31
Legal Notice.


diana; Helen Suirg, Mary Kicker anc
Jewett E. Kicker, her husband, resid-
ing in the city o! Chicago, in the State
of Illinois; George Cooper and Alex
ander Cooper, minors, over fourteen
years of age, Mary Cooper and Martins
Cooper, minors, under fourteen years
of age, residing at Marion, in Linn
county, in the State of Iowa, will
take notice that OIL the 9th day of De
cember, A. D. 1884, John E. Chatten
filed in the Court of Common Pleas,
within and for the county of Preble, in
the State of Ohio, his petition against
the above named parties and the follow
ing named other defendants, .to-wit:-
James B. Porter, Mary Porter, Emma
Mcmillan, Mary Mcmillan, infants,
over fourteen years OF age; Sadie
Holmes, Elizabeth Holmes and Ida
Holmes, minors, under fourteen years
of age, and Jas. B. Porter, executor of
the last will and testament of Alexan-
der Porter, decd, and James C.. Nc
MILAN, in Case No. 1884, setting forth
substantially that said John T.. Chat
ten is seized in fee simple of, has a le-
gal RICH to and is Ell. titled TO the i'm
mediate possession of n undivided
one thirty-sixth part of the following
described real estate, to-wit:
All that part of the southwest quar-
ter of section number four, az in
township number six, (5) range one
Cd east, in The county of Preble and
State of Ohio, lying west and north
west of low water mark on.the east
bank of Fourmile creek. That said
James B. Porter, Mary Porter, Helen
Swing, Mary Kicker, Emma McMil-
Ian, Mary Mcmillan. Sadie Holmes.
Elizabeth Holmes, Ida Holmes, Geo.
Cooper, Alexander Cooper, Mary
Cooper and Martha Cooper are tenants
in common with said plaintiff in said
premises in the following proportions,
Said James B. Porter and said
Mary Porter J. each seized in fee
simple OF and each have a legal right
and are each entitled to the immedi-
ate possession of n undivided one
twelfth part of said premises; that
said Helen Swing and said Mary
Kicker are each seized in fee simple
of, each have a legal right to and are
each entitled to The immediate pos
session of one undivided one-twenty-
fourth part of saidpremises /; that said
Emma Mcmillan, Mary Mcmillan,
Sadie Holmes, Elizabeth Holmes and
Ida Holmes defendants are each seiZ-
ed in fee simple of. each have a legal
right to and are each entitled to the
immediate possession of one updivid-
ed one ~:hirty-sixth part of said prem
Uses that said George Cooper, Alex
ander Cooper, Mary Cooper and Mar
tina Cooper, defendants, are each seiz-
ed i'll fee simple of, each have a legal
right to and are each entitled to the
undivided possession of n undivid-
ed forty-eighth part of said real estate,
that said James B. Porter, Mary Por-
ter, Helen Swing, Mary Kicker, En-
ma Mcmillan, Mary Mcmillan, Sad
die Holmes, Elizabeth Holmes, Ida
Holmes, George Cooper, Alexander
Cooper, Mary Cooper and Martha
Cooper. defendants, acquired their
several interests in said real estate as
heirs at law of Elizabeth Porter and
Harriet Porter, late of the county of
Preble, in the State of Ohio, deceased,
that said James Holmes became seiz-
ed in fee simple of one undivided one
thirty-sixth part of said premises
upon the derth of said Harriet Porter,
deceased, as IL of the heirs at law of
said Elizabeth Porter and said 1Iarrl-
ct Porter, and that said Jas. Holmes
together with Winniefred Holmes,
his wife, since the death of said Har-
rier Porter, by deed duly executed
conveyed to plaintiff said Ii undivi-
ed Ole thirty-siXth part of said real
estate 81 as aforesaid Inherited from
said Elizabeth Porter and said Harri-
ct Porter; that said James b. Porter
has been duly appointed and qualified
as Executor of the last will and tesla
meDt of said Alexander Porter, de-
ceased, and is now acting as such eX-
ecutor; that said Jewett E. Kicker is
the husband of said Mary Kicker, that
said Emma Mcmillan, Mary McMill-
an, George Cooper and Alexander
Cooper, are minor over fourteen years
of age, and that said Saddle Holmes
Elizabeth Holmes, Ida Holmes, Mary
Cooper and Martha Cooper are mi.
nors under fourteen years ofage /; thai
on the 4th day of July, A. d. 1872
said Alexander Porter in consideration
OF the sum of $4,000, 90 to him paid by
said James c. Mcmillan, defendant
executed and delivered to said James
Mcmillan defendant, his certain mort.
gage deed conditioned for the payment
of a certain promisory note for the sun
of $250C, co., of even date with sale
mortgage and payable four years from
date with eight per cent interest from
date; that said mortgage was filed fol
record with the Recorder of Preblt
County, Ohio, on the 9Th day of Sep
TENDER, A. D. 1872, at 10 o'clock, a. m
that said Alexander Porter thereby
conveyed to said James Mcmillan al
his interest in said premises; that sale
mortgage is uncancelled and unsatisfi
ed of record; that said Alexander Por
ter in his lifetime on the 18th day o
November, A. D.. 1879, executed ant
delivered to said Charles n. Idle, defen
dan in consideration of the 81 m o
$1500,00 to him paid by said Ida he
certain mortgage deed and thereb,
conveyed to said Ide all the interest O
said Alexander Porter in said premi
SEES; that said mortgage deed was con
ditioned for the payment of said sur
of $780, 90 in two years from the dat
thereof with Interest and the interes
payable annually; that said mortgag
was lieu Will S6lu IIccOTueT lOF TeCOr
on the LIST day Of July, A. .. 1880, 6
10 O'Clock, Il. N. and was afterward
by said Recorder duly e orded i
mortgage record No. Is, Oh page 29l
and that said mortgage remains III
cancelled of record; that said NOR
cages are a lein upon but the one III
} divided n half part of said real e.
tate owned by Alexander Porter in Ii
lifetime; that said Alexander Porte
was at the time of the execution
said mortgages and at his death seize
in fee simple of and was the owner
but one undivided IL half part of sal
| premises; that said Alexander Porte
by his last will and testament directe
!, his said interest in said real estate
be sold by his said executor and tt
proceeds to be equally divided anon
his heirs at law; that said James
Porter, Mary Porter, Helen Swim
Mary Kicker, Emma Mcmillan, Mai
Mcmillan, Sadie Holmes, Elizabet
Holmes and Ida Holmes, Geo. Coope