The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1884-01-03
Legal Notice.

ing in tle.city oil Chicago, in the Stat,
of Illinois; George Cooper and Alex
ander Cooper. minors, over foarteer
years of age, Mary Cooper and Martl:
Cooper, minors, under fourteen year.
of age, residing at Marion, in Linz
county, in the State of Iowa, will
lake notice that on the 9th day of De
cember, A. d. 1884, John E. Chatter
filed in the Court of Common Pleas
within and for the county Of Preble, I,
the State of Ohio, his petition agains
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 Id;
Holmes, minors under fourteen years
Of age, and JAS. B. Porter, executor oil
the last will and testament of Alexan.
der Porter, decd, and james c. Nc
MILAN, in Case No. 1854, setting forth
IA substantially that said John f. Chat
ten is seized in fee simple of, has a lie.
gal RICH to and is Ell titled to the i'm
mediate possession of one undivided
one Ihirty-sixth part OF tile following
described real estate, to-wit:
All that part OF the southwest quar-
ter of section number four, a. in
township number six. 90 range one
(1) cast, in the county of Preble and
State of Ohio, living west and north
west of low water mark OH the east
bank of Fourmile creek. That said
James 3. Porter, Mary Porter, Helen
Swing, Mary Kicker, Emma McMil-
Ian, Mary Mcmillan. Sadie Holmes.
Elizabeth Holmes. Ida Holmes, Geo.
Cooper, Alexander Cooper, Mary
Coopera and Martha Cooperate ienams
in common with said plaintiff in sail
premises in the following proportions,
to-wit: Said james b. Porter and said
Mary Porter are each seized in ier
simple of and each have 81 legal RICH
and are each entitled to the immIedi,
ate possession of one undivided enc
twelfth part of said premises; that
sail Helen Swing aud said Mary
Kicker are each seized in fee simple
OF, each have a legal right to and are
each entitled TO ihe immediate pos
session of one undivided one-twenty-
fourth part of said premises 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 emitted 10 the
immediate possession of M undiyi!-
ed one thirtv-sixth part of said prem
ises: that said George Cooper, Alex
ander Cooper, Mary Cooper aud Mar
tina Cooper, defendants, are each seiz-
ed in fee simple of, each have a legal
right to and are each entitled to the
undivided possession of one undivid-
ed forty-eighth part of said real estate,
that said james B. Porter. Mary Por-
ter, Helen Swing, Mary Rirker, 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 rs
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-
ell in fee simple of one undivided one
thirty-sixth part of said promises
upon the derth of said Harriet Porter,
deceased, as one of the heirs at law of
said Elizabeth Porter and said liair'-
ct Porter, and that said Jas. Holmes
together with Winniefred Holmr<,
his wife, since the deaah of said III "
riet Portes, by decd duly exc ufrd
conveyed to plaintiff said one undivi-
ed one thirty-sixth part of said real
estate SO as aforesaid Inherited from
said Elizabeth Porte, 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 rs such ex-
ecu,or; that said Jewett E. Kicker is
the husband of said Mary Kicker, that
said Emma Mcmillan. Mary NcMill-
an, George Cooper and Alexander
Cooper, are minor aver ourieen year,
of age, and that said Saddle Holmes,
Elizabeth Holmes, Ida Holmes, Mary
Cooper and Martha Cooper are mi
nors under fourteen years ofage; that
on the 4ih day of July, A. ID. 1872,
said Alexander Porter in consideration
OF the sum of $2500,00 to him paid by
said James G.. Mcmillan, defendant.
executed and delivered to said James
Mcmillan defendant, his certain mort,
| RdSO nCCu ColluillOIltu lOE Inc DaH IilCllt
of u certain promisofy note for the sum
Of S25OC, 90, of ever date with said
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 Prebl,
County, Ohio, on the 9th day of Sep
tember, A. ID. 1872, at 10 o'clock, a. m
that said Alexander Porter thereby
ar N ynNn1 TO cnt1 ~,1 MN .l1,, IL
his interest in said premises; that sale
mortgage is uncancelled aud unsati fl
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 \. Ide, defen
dan in consideration Of the 81 m o
$4,000 to him paid by said Ida he
certain mortgage deed ard thereh,
conveyed to said Idc all the int rest o
said Alexander Porter in said premi
SEES; that said mortgage deed was con
Iditioned for the payment of said sun
of $4,000 in two years from the dat
thereof with interest and the interes
payable annually; that aid mortgag
was filed with said Recorder for reeorI
OH the 1st day of July, A. D. 1880, a
10 o'clock, a. m. and was afterward
by said Recorder duly rect rded il
mortgage record No. 1S, on page 29G
and that said mortgage remains I'M
cancelled of record; that said mort
cages are a lein upon but the un
divided n half part of said real es
tate owned by Alexander Porter in hi
lifetime; that said Alexander Porte
was at the time of the execution 0
said mortgages and at his death seize
in fee simple of and was the owner G
but one undivided one half part of sal
) premises; that said Alexander PORE
by his last will and testament directe,
his said interest in said real estate t
, be sold by his said executor and tn
proceeds to be equally divided amoi
his heirs at law; that said james L
Porter, Mary Porter, Helen Swing
Vary Kicker, Emma Mcmillan, Mar
I Mcmillan, Sadie Holmes, Elizabet
! Holmes and Ida Holmes, Geo. Cooper
Alexander Cooper, Mary Cooper an
Martha Cooper and James Holmes de