CHANCERY RECORDS

p. 180
    Petition for Partitions



Ambrose Danford & Samuel Danford
vs.
Margaret Danford, widow of Peter Danford dec'ed, Rebecca Koontz, Cornelius Bryan & Sarah, his wife, Samuel Thomas & Margaret, his wife, James Groves & Nancy, his wife, Hiram, Michael, Samuel, Bathsheba, Abraham, Peter and John Danford, heirs of Peter Danford.

 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.