p. 180
Petition for Partitions
Be it remembered that heretofore to wit on the first day of July 1828, Ambrose Danford and Samuel Danford by Stephen C????? their attorney filed in this court their Petition against the said defendants, as follows to wit:
PETITION. To the judges of the Court of Common
pleas of Belmont County in the State of Ohio. The petitions of Ambrose
Danford and Samuel Danford respectfully represents that Peter
Danford, late of the County aforesaid, died leaving Margaret Danford,
his widow, and entitled to Dower in his Estate, and the following named
persons, children and grand children, his heirs at large, namely, Rebecca
Koontz, relict of Nicholas Koontz, dec'ed, late of the State
of Maryland, Sarah Bryan, wife of Cornelius Bryan of Monroe
County in the State of Ohio, Margaret Thomas, wife of Samuel
Thomas of the said County of Belmont, Nancy Groves, wife of
James
Groves of said County of Belmont and your petitioners, the said
Ambrose and Samuel, these being the six surviving children of
said Peter Danford, deceased and Hiram, Michael, Bathsheba,
Abraham,
Peter,
and John Danford, grand children and heirs at law of William
Danford, dec. who was the son of said Peter Danford, dec., all
of which children of William Danford, dec. are of Belmont County
aforesaid. And your petitioners also further represent that the said
Peter Danford died seized in fee simple (p. 181) of the following
described tract of Land, namely, the Northwest quarter of Section No. Twenty-three
in Township No. five and Range No. four situate in Belmont County aforesaid.
The Southeast quarter of Section No. thirty-five in Township No. seven
and Range No. seven situated in Monroe County in the State of aforesaid-and
the Southeast one-half Section No. twenty-five in Township No. eight in
Range No. seven situated in Guernsey County in the State of Ohio, which
said tracts of land with all the appurtenancey have descended in parcen??
to the aforenamed heirs at law of the said Peter Danford subject
???? the Dower Estate of the said
Margaret Danford, his widow,
each of the said six surviving children of the said Peter Danford
dec'ed, being entitled to one seventh part of said tracts of Land, and
the said children of William Danford dec'ed are jointly entitled
as claiming per Stirpes? to the remaining seventh part; And your petitioners
pray this court to order such proceedings as that partition of the above
described tracts of Lands may be made in the proportions in which the said
"Coparciners" are respectively entitled, and the Dower of the said
Margaret, widow of the said Peter Danford dec'ed may be sent
off and awarded to her by metes and bounds-and that such other and further
proceedings may be had, as are proper and necessary in the premisez.
July
1st 1828
Ambrose
Danford &
Samuel
Danford
Petitions by L. Colwell, their
attorney.
PARTITION ORDERED. And now to wit at the September term 1828 the petition aforesaid being read, and the court being satisfied that the notice required by law has been duly given to the defendants of the pendanycy of said petition, and that the title to the Land described (in) the petition is in the said partiez-On motion of the demands as ?? by?? Colwell, their Attorney, the court do order that the ???? of the same Widow in said Lands be set off to her, and that Partition be made of said Lands, and the interest of each party therein divided ??parted to them in severally, agreeably to the acts on such case made and provided and according to the prayer of said petition, and ?de apper? James White, James Garrett and Cyrus Boyd a Committee for that purpose. And the Court further order that a writ of Partition ??? to the Sheriff of Belmont County commanding him that by the oaths or affirmations of said Committee he cause partition then to be made and make Report thence under the hands and seals of the said Committee to the court at the next time to which time this case is continued.---
And afterwards to wit on the 17th day of September, 1828 a writ; Partition ????? ; under the seals of this Court in the cause as follows
WRIT OF PARTITION) The State
of Ohio, Belmont County ? (a symbol which might be for U.S.)
To Ezer Ellis Esq. Sheriff of said
County, Greeting. In the name and by the authority of the State of
Ohio we command you that you cause by the oaths or affirmations of James
White, John Garrett and Cyrus Boyd as Committee appointed
by our Court of Common pleas pleas for that purpose at the last September
term to be divided and partitioned to and amongst Ambrose Danford,Samuel
Danford, Rebecca Koontz, widow and relict of Michael Koontz
and late of the (page 182) State of Maryland, Sarah Bryan, wife
of Cornelius Bryan of Monroe County, Ohio, Margaret Thomas,
wife of Samuel Thomas and Nancy Groves, wife of James
Groves of Belmont County, Ohio, the six surviving children; and the
children and heirs at law of William Danford, dec'ed to wit
Hiram,
Michael,
Samuel, Bathsheba, Abraham,
Peter and John
Danford, all heirs at law of Peter Danford, late of said County
of Belmont, deceased, the following described tracts of land to wit, the
North West quarter of Section No. twenty-three in Township No. five and
Range No. four situate in Belmont County, The South East quarter of Section
No. 35 in Twp. #7 and Range #7 situate in Monroe County and the South East
quarter of Section No. 25 in Twp. No. 8 and Range No. 7 in Guernsey County,
all in the State of Ohio, of all of which the said
Peter Danford
dec'ed died seized-in equal shares to each the one seventh part, thereof,
to the heirs of the said William Danford, dec'ed as aforesaid
the 1/7 in such lot or lots as will be most advantageous and equitable
having one regard to the situation, improvements and quality of the different
parts of said Lands as aforesaid.----
And we further command you that you
cause by the Committee aforesaid on their oaths or affirmations aforesaid
to be set off and af???
to Margaret Danford, the widow and
relict of said Peter Danford, deceased, the one third part of the
said several tracts of Land described as aforesaid as her Dower in and
to the same, having regard to the situation improvements and quality by
proper metes and bounds--and the same dower may be contained in one or
more of the said tracts of Land, so to be divided amongst the heirs as
aforesaid and such share or shares made larger as the same may be rendered
??? valuable by such Dower therein or the said Committee may at their
discretion, if it shall appear to be for the interest of all concerned
make partition of the residue of said tracts of Land after having set off
to the Widow her dower therein, leaving such estate of Dower to be partitioned
after the same shall cease and determine.
And we further command you that in
case the said Committee shall be of opinion that the said tracts of Land
cannot be partitioned and divided to and amongst the partiez aforesaid,
without prejudice to or spoiling the whole then that you cause by the Committee
aforesaid in their oaths or affirmationz, aforesaid, after setting off
and assigning the Dower aforesaid, to be made a just and true valuation
& appraisement of the said several tracts of Land as described subject
to and including the remainder after the determination of the said right
of dower, therein. And make return of your proceedings under your
hand and under the hand of the said Committee to our said Court at the
next March term.
Witness the Honorable Jeremiah
H. Cullock, President Judge of our said Court at St. Clairsville the
11th day of November 1828.
b, Clerk.
And the said Ezer Ellis, Sheriff
as aforesaid at the return term of said unit, returned the same into Court
with his proceedings thereon. And a Report of the said Committee
as follows to wit,
(p. 183) SHERRIFF'S RETURN)
Agreeably to the command of the within writ after having duly notified
the within Committee who being duly affirmed by John Mechem, Esq.
to impartially discharge the duties assigned them by this writ, I went
with the Committee on the said several quarter sections within described
on the 23rd, 24th and 25th days of February 1829 and after a strict view
of said several quarter sections of Land they Reported to me under their
hands and seals that they would not divide among the heirs without predjudice
to or spoiling the whole that they had appraised each quarter at $300 and
that they set off to the widow as her equal third part or Dower the Northwest
quarter of Section 23, T T and Range 3 in Belmont County as will appear
by the Report of law.
Ezer Ellis
Sheriff
REPORT OF COMMITTEE) The State of Ohio Belmont County Js. G. John Mechem an acting Justice of the Peace in and for said County do hereby certify that the within named John Garrett, Cyrus Boyd and James White were by me before entering on the duties assigned them in writ) duly affirmed faithfully and impartially to apart the real estate in this writ described after setting off the widow's dower to the same according to Law and the command of this writ to the best of their Judgement of the same can be done without predjudice to or spoiling the whole then and in case it will not divide they will duly appraise the same agreeably to the command of said writ. Given under my hand and seal the 23rd day of February 1829.--John Mechem, Justice of the Peace ?
We the undersigned Committee named
in the foregoing writ of partition after being first duly affirmed by John
Mecham a Justice of the Peace in and for Belmont County did proceed
on the 23rd 24th and 25th days of February 1829 to fulfill the duties by
this writ required of us, and having carefully examined the several quarter
sections within described said writ commands us to apart, are of
opinion that the same cannot be partitioned amongst the several heirs within
mentioned without material injury to, or spoiling of the whole. Whereupon
we proceeded to appraise and value the several quarter sections within
named and having considered the situation quality and improvements of each
and all of them, do appraise and value the said several quarter sections
at the sum of Three hundred dollars each quarter and have assigned and
set off to a Margaret Danford, a widow and relict of Peter Danford,
deceased, the North West quarter of section twenty three Township five
and Range four in Belmont County. Given under our hands and seals
this 28th day of February 1829.
John Garrett (?)
Cyrus Boyd (?)
James White (?)
And now to wit at March term 1829 the
Court having careful examined the proceedings of said Sheriff, and the
Report of said Committee do approve and accept the said Report except so
much there of us to the appraisement of the quarter Section in Belmont
County wh
(p 184)
Said Margaret Danford the widow aforesaid
during her life as her Dower in and to the whole of the said Lands.
And Samuel Danford, one of the partiez to this suit elects to take
the said quarter section in Monroe County at the said appraised value there
of and brings here into the court, the amount of the said appraisement,
$300 in Cash. And the Court do thereupon adjudge the said last mentioned
quarter section to him the said Samuel, and do order that the Sheriff
of this County execute a deed to him for the same. And Cornelius
Bryan, another of the partiez to this suit elects to take the said
quarter section in Guernsey County at the same appraised value thereof,
payable in two years with interest thereon, and brings here into Court-notes
by him executed to the other partiez to this suit to wit to Rebecca
Koontz, Samuel Thomas, and James Groves for the sum of
$2.85.%(?) each, and to Hiram, Michael, Samuel, Abraham,
Peter
and John Danford, and Lewis Meechem $6.12.5(?) receipts from
Samuel
Danford and Ambrose Danford each for $42.85.% being the shares
of said partiez in proportion to their interest in said Lands-which said
notes are payable in Two years with interest thereon. And the Court
do adjudge the said last mentioned quarter to the said Cornelius Bryan
and do order that the Sheriff of the County execute to him a deed for the
same, subject nevertheless to a lien there on in favour of the other partiez
until payment be made to them of their respective proportions as aforesaid.
And the Court further order that a writ issue to the Sheriff of this County
returnable to the next term Commanding him that by the aforesaid Committee
he cause to be made a just and true valuation and appraisement of the reversion
after the determination of the right of dower of the said Margaret Danford
in and to the quarter section aforesaid in Belmont County and set off
and adjudged to her as aforesaid. And the Court further order that
the said sum of $300 brought into Court by the said Samuel Danford as
aforesaid be paid and distributed to the partiez to this suit in lieu of
their respective parts and proportions of said Land according to their
just rights and proportions. And the Court further order that the
said partiez pay the costs of this suit at the sum of Fifty nine dollars,
including fifteen dollars as a fee to complain and Counsel in proportion
to their interests in said Lands. And Ezer Ellis, Sheriff
as aforesaid acknowledged in open Court the execution by him of Deeds to
the said Samuel Danford and his heirs and assigns for the said quarter
section in Monroe County, and to the said Cornelius Bryan and his
heirs and assigns for the said quarter section in Guernsey County.
And afterwards to wit on the 27th
day of March 1829 in pursuance of the above order, a writ issued under
the seal of this Court as follows;
The State of Ohio Belmont County (Symbol)
To Ezer Ellis Sheriff of said
County, Greeting
Whereas by our writ of Partition issued
in a suit of Partition wherein Ambrose Danford and Samuel Danford
are demandants, and Margaret Danford [missing words] (page
185) of John Garrett, Cyrus Boyd and James White to
cause certain Land and tenements on said writ described to be divided and
partitioned amongst the several partiez to said suit,-and to cause the
Dower of the said Margaret Danford the widow and relict of Peter
Danford deceased in and to said Land to be assigned and set off to
her; And whereas amongst other things you have returned to us that you
had caused by the Committee aforesaid to be set off and assigned to the
said Widow as her Dower in and to the whole of the Lands said writ described,
the North west quarter of Section No. twenty three in Township No. 5 and
Range No. 4 situate in Belmont County.
In the name and by the authority of
the State of Ohio we now command you that you cause by the said John
Garrett, Cyrus Boyd and James White on their oaths or
affirmations to be made a just and true valuation and appraisement of the
reversion after the determination of the Dower of the said Margaret
Danford in and to the said quarter Section of Land above described,
and return a statement of the value thereof in writing under the hands
of the said Committee to our said Court at the next June term, with a full
Report of your proceedings herein. And have then there, this writ;
Witness the Hon. Jeremiah H. Hallocke
President Judge (seal) of our said Court at
Clairsville this 27th day of March 1829.
Moses Coulter, Deputy Clerk
And the said Ezer Ellis, Sheriff
as aforesaid at Court, with his proceedings thereon, and a Report of said
Committee as follows to wit.
The State of Ohio Belmont County (symbol,
possibly U.S.?) May 21 1829 this day
having notified the within named Committee to meet together for the purpose
of performing the duties required of them by this writ, met accordingly
and after being duly affirmed Samuel B. Kimball as Justice of the
Peace for said County, returned to me under their hand and seals that they
had appraised the reversion of the within described tract of Land after
the determination of the Dower within mentioned at the sum of One Hundred
and seventy five dollars will appear by the returns of said Committee to
this writ attached.
E. Ellis, Sheriff
The State of Ohio Belmont County (U.S.)
Personally appeared before me Samuel B. Kimball a Justice of the
Peace and for said County, John Garrett, Cyrus Boyd and James
White the within named Committee who were by me duly affirmed according
to Law that they will well and truly appraise and a true valuation make
of the within described premises in reversion after the determination of
the Dower in described to the best of their knowledge. Given
under my hand and seal this 21st day of May 1829.
Samuel
B. Kimball
Justice
of the Peace
The State of Ohio Belmont County (symbol),
We the within named and undersigned Committee having heretofore viewed
the within described quarter section of Land, and on the 21st day of May
1829 went together and being duly affirmed by Samuel B. Kimball,
a Justice of the Peace-----
(page 186) CHANCERY RECORDS OF
JUNE TERM 1829
said quarter section after the determination
of the Dower within named at the sum of One hundred and seventy five dollars.
Given under our hands (and) seals this 21st day of May A D 1829.
John
Garrett
James
White
Cyrus
Boyd
And now to wit at June term 1829 the Court having carefully examined the proceedings of said Sheriff and the Report of said Committee, do approve of and accept the said Report. And James Groves, one of the parties to this suit elects to take the reversion of said Land at the said appraised value thereof and brings here into Court the said sum of One hundred and seventy five dollars in Cash. And the court do adjudge the said Land to the said James Groves and do order that the Sheriff of this County execute a deed to him, conveying to him and his heirs and assigns the said quarter section of Land after the determination of the Dower therein aforesaid. And the Court further order that the sum of One hundred and seventy five dollars aforesaid be paid and distributed to the parties to this Suit according to their just rights and proportions as stated in the petition, in lieu of their respective parts and proportions of the said Land.
The State of Ohio Belmont County (symbol)
Peter Tallman Clerk of the
Court of Common Pleas of said County certify that the foregoing are true
Records of the Chancery causes finally determined and decreed by said Court
at the June term thereof in the year 1829.
September 1st 1829
(Signature,Peter Tallman)
The foregoing Records of the Chancery
causes finally determined and decreed by the County Common pleas of Belmont
County at the June term thereof in the year 1829 have been examined by
me and found to be correct.
Sept. 11th 1829
(Signature)
Transcribed by Barbara Harkleroad from handwritten copy provided by
Kim Ray.