The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1884-01-10
Notice.

~ town of Liberty, in the State of In
diana; Helen SWirg, Mary Kicker ant
Jewett E. Kicker, her husband, resid
Ing in the city Of Chicago, in the Stat,
of Illinois; George Cooper and Alex
ander Cooper, minors, over fourteen
years of age, Mary Cooper and Marth,
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, il
the State of Ohio, his petition againsr
the above named parties and the follow.
ing named other defendants, to-wit:-
James B. Porter, Mary Porter, Emms
Mcmillan, Mary Mcmillan, infants
over fourteen years Of age; Sadie
Holmes, Elizabeth Holmes and Ids
Holmes, minors, under fourteen wears
of age, and Jas. y. 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 f.. Chat
ten is seized in fee simple of, has a lie.
gal RICH to and is entitled to the i'm.
mediate possession of one 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, % range one
Q) cast, 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,
to-wit: Said James B. Porter and said
Mary Porter are each seized in fee
simple of and each have a legal right
and are each entitled to the immedi-
ate possession of one 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 II 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 i'll fee simple of. each have a legal
right to and are each entitled to the
immediate possession of one undivid-
ed one thirty-sixth part of said prem
ises that said George Cooper, Alex
ander Cooper, Mary Cooper and 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 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-si%th part of said premises
upon the derth of said Harriet Porter,
deceased, as one of the heirs at law of
said Elizabeth Porter and said Harrl-
ct Porter, and that said Jas. Holmes
together with Winniefred Holmes,
his wife, since the death of said Har-
riet Porter, by deed duly executed
conveyed to plaintiff said one undivi-
ed one thirty-sixth part of said real
estate so 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
ment 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 ; that
on the 4th day of July, A. D.. 1872,
said Alexander Porter in consideration
OF the sum of $250O, 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 sum
of $4,000, 90, of even date with said
mortgage and payable four yea from
date with eight per cent interest from
date; that said mortgage was filed for
record with the Recorder of Preble
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 all
his interest in said premises; that said
mortgage is uncancelled and unsatisfi-
ed of record; that said Alexander Por-
ter in his lifetime on the 18th day of
November, A. D. 1879, executed and
delivered to said Charles n. Ide, defen-
dan in consideration of the sum of
$1500,00 to him paid by said Ida her
certain mortgage deed and thereby
conveyed to said Ide all the interest of
said Alexander Porter in said premi
SEES; that said mortgage deed was con-
ditioned for the payment of said sum
of $500, 90 in two years from the date
thereof with interest and the interest
payable annually; that said mortgage
was filed with said Recorder for record
on the LIST day Of July, A. D. 1880, at
10 O'Clock, a. N. and was afterwards
by said Recorder duly recorded in
mortgage record No. Is, on page 296,
and that said mortgage remains un-
cancelled of record; that said mort
cages are a lein upon but the one I'M
divided one half part Of said real es-
tate owned by Alexander Porter in his
lifetime; that said Alexander Porter
was at the time of the execution of
said mortgages and at his death seized
in fee simple of and was the owner of
but one undivided one half part of said
premises; that said Alexander Porter
by his last will and testament directed
his said interest in said real estate to
be sold by his said executor and the
proceeds to be equally divided among
his heirs at law; that said James B.
Porter, Mary Porter, Helen Swing,
Mary Ricker, Emma Mcmillan. Mary