The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-11-11
TN THE COURT OF COMMON PLEAS
l. FOR THE COUNTY or SOMERSET.
OF DEFENDER TFRN. lsgl- "


Notice is hereby given that on the io;h day OF
November, A. D., lssi, the petition OF the Cam
hTia Lumber Company. and Of samuel FOusf, for
himself and for Elizabeth Berkey. Sarah Anna
Myers. Henry Foust and louisa Hammer, heirs OF
Henry FOust. deceased was presented 70 said
Court setting forth that they were the owners OF
the premises. containing rs acres more or los,
for which paten; was Issued % David Living
stOn, now deceased, and more particularly de-
scribed and mentioned in the hereinafter recited
nec0gnizance. situate IN the tJwnship Of Paint in
the county OF somerset. and being the tract OF
land mentioned IN the petition for a partition
and recagnizAnce in the Orphans Court. IN the
estate OF David Livingston. deed.
That in the Orphans Court 10 and for the Coun-
" Of Somerset. Henry Frust presented petitiOn,
setting forth that the said David Livingston died
intcstafe, leaving widow. Anne, and eight chill
dTen 70 survive him, viz Frsney, vile Of David
Gordon, Maria. wife Of John Lehman samuel
Living stGn Barbara wife OF David BiOuqa Anne
wife OF Joseph Lehman. Eve. wife Of Henry
Foust, and Jacob Iivingston. now deceased. leav-
ing issue. John, David, Mary and jacob minors,
who had for Their guardian, Jacob Custer
That the said deceased died seized o. ia'sF ala
the tract Of land for which a patent ha5 been
granted 10 the said deeedent contsining 30a acres
and allowance, and praying f0r a Partition
Thai writ was awarded, 20 VII ch the sheriff
made return. that he had diviiei and valued
the said land. at an inquest duly held. aud.
thereupon a rule was granted on the heirs 10 an
pear on the 18th day OF February, A. D. lsii ~
accept or refuse % take the same az tho Valuation
fixed By the inquest, and on the rstura day, the
ed TO take purpar. No. ., containing IS acres
aud o perches, e. tie valuation Of seven dollars
and fifty cents per acre and the same was aiIOt-
ted. and adludged 70 him, As viii more fully and
al large appear in the Record Of the said prDceed
ings in the Orpha $ Court Of said County in
Docket, vol T. psge 39s, etc, and the said henry
FOust entered into a recOgnikance. focnried and
entered on page 44i OF the said book, 70 pay the
said heirs their several shares al the valuation
fixed - Aforesaid
Thai ihe money secuEed BY the said recogni-
zalce, Was fully pald in The year l>i6 that since
The year 1876. no Interest has been PAID on the
said recognizance, nor has any DEMAND been
made therefore. nor has the principal been de-
manded. nor has the Said reoognissnce, been ac-
knOwledged by any al the owners Of Tie Ssid
land for more than twenty years.
That legal presumption arises o. tha payment
Of the said reooguizaRce. from sid lapse OF time.
thar no satisfaction Of said N pcogulzance appears
on the Record thereof and that all Of the chill
dren OF the said David Livingston excepting
Eve, who makes an afidzyit attached TO
the peIiuOn. are dead, and the names OF them
are unknown 70 the Cambria Lnmber Company
petitioner, and praying the Court % make de
cree, that the moneys secured BY the said recOCn-
lance, have been fully paid and satisfied.
WhereuDou the Court ordered the Sheriff
TO give public notice Of the facts set forth In the
said petition, to the legal representatives Of the
heirs Of Davii Livingston. decd, above men
toned, requiring them 10 appear in said Court.
Monday. November S0th, 1s9l. a. 10 O'Clock. 4.
NJ, and answer said petition.
ISAIAH econ
CoFFRoTH & RurPEI,
Att'ys for Pel.;iqaef-