The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-11-25
" THE COURT OF COMMON PLEAS
4 FOR THE COUNTY OF SO1IERsET.
OF DECEMBER TERM lsw NJ

Notice Is hereby given that on the l0th dav Of
November. a D.. lc9I, tae petition OF the Cam
bra Lumber Connany. and Of Samuel FOust for
hlmseii and iog Elizabeth Berkey Saran Anna
Mye's Henry FOust and Louisa Hammer. heir of
Henry FoIst. deceased was presented - aid
Court. setting forth thar they were the owners OF
the premises, containing - sens more or less
for which a patent was issued 10 David Living.
st0n, now deceased. AMI more particularly d.
scribed and mentioned in the hereinafter reaffed
recngnlzance, sitp2 in the tIwnship Of Paint in
land mentioned IN the petition for = partition
and Tec1guizlnce IN the Orphans Court in The
estate Of David Livingston. decd.
Thst in the Orp1aus Csnrt in and for The e,,rlr-
y Of somerset. Henry , ust presented a petition
setting forth that the said David LIVINGSTON fesi
intestaie, leaving a widow Anne, and eightchiI
Gordon, Maria. wife Of Jobn Lehman. Samuel
Livingston, barnara. wife OF David Blough Anne
wife OF Joseph Lehman, Eve, wife Of Henry
FouSt, and Jacob Livingston, nov deceased leav-
inc issue, John. David. Mary and Jacob. rninors
who had for their guardian Jacob Custer
That the said decreased died seized Of iafe- nfir
The IEaeI "a, oi : land lor which patent had been
granted 20 the said decedent, containing H2 aer.s
and allowance. and praying fo- partition
Thai VIII was awarded, 10 VII ch he sheriff
made return that he had divided and valued
The said land, at an Inquest duly he'll and
thereupOn a rule was granted ~ the heirs 10 an
pear on the igih day OF EehHIaTy. =. D. lgt3 Il
ACCEPT or refuse % ts Ee the sae az the valuation
n1el 1y the lngueai atn On the return day, the
said Henry fousG In right Of I've, his wife eIerr-
Ell 20 take pufparL No. J, containing IS acres
and q pqrcheS al the valuation Of seven dollars
ana nfIy cents per acre and the same was aiiot
ted, and aciudged 70 him, a. viii more fully ana
a. large appear in the Record Of the said procasd
ings in The OTpha s. Court OF said Coaniv. in
Docket. vol. :. psge 39S etc, and The sad Henry
FOCsi entered into recoguizauce, recorded and
entered on PAGE 4fi Of the said s0ok. 70 paw fhe
said heir their several shsres. a. the valuation
liked aS aforesaid,
That the meRey seeured bT the said rsoogni
zance, wee iuiiy PAD in the year lsi5 thst since
the yt1r $50 DO Interest has been iaid on the
SAID recogulzance. nor has Gly demand been
made therefore. nor has the principal been de-
handed, nor mas the stid rccngniz4uce, been ae-
knowledgsd by any af ire oEners OF the said
land for marc than twenty years-
That legal pfesum piiOu arises Of TIE payment
OF the said recognizanee. fTom said lapse OF time
that no satisfaction OF said N eogniance appears
on the Record thereof aud that all OF The chill
dren OF the said David Livingston. excepfing
Eve, who makes an affidavit attached 10
the petition. are dead. and the names Of them
sTe unknown 10 the Cambria Lumber Comuapv-
petitioner ana praying the Court o make a de-
cree, t1dt The moneys secured by the said recoen-
izaree. have been fnily paid and Sati-fiei
WheTeuDcn the Court orierei The Sheriff
to give publc notice of the facts set forth iu the
said petition. 10 the legal Representatives OF the
heirs Of Davii Livingston decd above mem
toned. requiring them 70 appear in said Court
Monday. November S0th. ISL, a. 10 O'Clock, A.
NJ, and answer said petition.
ISAIAH coon.
CoFFRoTH & RrrPE1.
An'ys for Petitioners.