The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-11-18
IN THE COURT OF COMMON PLEAS
j FOR T HE COUNTY OF SOMERSET.
or DECEMBER TERN, 1891. No

Notice is hereby given that on tho l0,h dax of
November, d, fs9i, the petition OF the Cam
bria Lumber Company, ana al samuel FOust for
himself and for Elizabeth Berkey. Sarah Anna
Mye-s. Henry touSt and Louisa Hammer, heirs az
Henry FoElst. decreased was presented 10 said
Cont, setting forth that they were the owners of
the premises. containing Is acres mere OF les
for which patent was issued to David Living
stOn. now deceased, and more particularly de-
scrioed and mentioned ia the hereinafter recite1
reeognilance, situate In the tJwnship Of Paint in
the county Of somerset. and being the Tract Of
land mentioned in the petition for a partition
aud Tccognizsnee in the orphans Court in The
estate Ct David Livingston. deed.
That in the Orphans COurt 10 and for the couu-
II Of somerset Henry r -1sst presented a retitio1
setting forth that the said David Livingston died
lntestate. leaving widow. Anne, and eight ehil-
Gordon. Maria wife OF John lehman Samuel
Livingston. Barbara. wife Of David DlouQh Anne
wife Of Joseph Lehman. Eve. wife OF Henry
FouSt, and Jacob Livingston now dee<ased lesrs
ing issue, John, David. Mary and Jacob. minors
who had for their guardian. Jacob Custer
That the said Decreased died seized Of infer nlig
the .r@s, o. ia iano iSr which patent had been
aud allowance, and praying fnr a partifiou
That wit was awarded. 10 VII Ell the sheriff
made return, that he had divided and valued
the said land. at an inqreSt duly he'll AMI
thereupon rule was granted on the heirs 10 ap-
pear on the 18th day OF February, A. D. lsfs r
accept or refuse 70 take the sane At the valuation
nxed BY the inquest, and 90 the return day TIE
said Hen-y Foust Ia right Of Eve, his wife elect
ed TO take purpsrt No. !, containing 80 aeres
and - perches, ct the valuation OF seven dollars
and hity cents per acre and the same was alIot-
ted, and adiudged 70 him, as will more ftlIlv ana
a; large appear Ia the Record Of the said proeeed
ings in the Orpha : Court OF said COnntv in
Docket. vol Z, page 30, etc. and the said Henri
FouSt entered into recognizance. recorded ana
entered on page a. OF the said book, Ia p.ay tbe
said heirs their several shares az the Va.ua,ion
fixed as aforesaid
That the money secured by the said reeogni-
zanee. was fully peid in the year lSs6 that since
the year 1876. no Interest has been paid on fhe
said recoguizance nor has any demand been
made therefore. nor oas the principal been de-
msnded, nor mas the said recognizanoe, been ac-
knOwledged BY any Of the owners of the said
land for more than twenty years.
That legal presumption arises Of the payment
OF the said recOeni zlDee from said lapse OF time
that no SATISFACTION Of said II rtcoeEizance appears
on the Record thereof and that ali OF the chill
dren Of tie said David Livingston erceptin~
Eve, who makes an affidayif attsche.i II
the petition, are dead, aud the names az them
are unknown 20 the Cambria LnMbar COMPANY.
petitioner. and praying the Court 10 ma ke a de-
cree, that the moneys secured by the said roeoqn-
lance have been fully paid and satisfied
NhereuDon the COurt ordered the sheriff
10 give public notice Of the facs sef fOrth In the
said petition. 70 the legal Representatives Of the
helm Of Davlf Livingston. decd, above men,
toned. requiring them 10 appear Ia said Court
Monday. November auth, 1851, a. 10 O'Clock A
NJ, and answer said petition.
sheriff.
& RuFPEI-
Ait'ys for Petitioners