LAWRENCE COUNTY OHIO - CHANCERY: PANCAKE (1846) *********************************************************************** OHGENWEB NOTICE: All distribution rights to this electronic data are reserved by the submitter. Reproduction or re-presentation of copyrighted material will require the permission of the copyright owner. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** File contributed for use in USGenWeb Archives by Lowell Pankake pankake@usfamily.net March 21, 1999 *********************************************************************** Lawrence County, Ohio, Court of Common Pleas Chancery Record, Volume 1, pages 173-174 The State of Ohio Lawrence Com. Pleas In Chancery April Term 1846 Lucinda Pancake and Abraham Pancake ) Administrators of Abraham Pancake Decd ) vs ) Isaac Pancake, Alred Bruce, & Sally Bruce,) Petition to sell Lands Noah Jenkins, & Betsey Jenkins, Sampson ) Pancake, Andrew Pancake, Joseph Pancake, ) Polly Pancake, John Pancake & Jackson ) Pancake ) Pleas before the Honorable John E. Hanna President Judge of the Eighth Judicial circuit of the courts of common pleas of the State of Ohio and Curtis Sewell Nathaniel Davisson and Benjamin Johnston his associate Judges of the court of common pleas within and for the county of Lawrence at the court house in Burlington on the thirteenth day of April and of the Term of April in the year of our Lord one thousand eight hundred and and forty six and in the year of the state the forty fourth. Be it Remembered that heretofore towit on the Eighth day of September in the year of our Lord one thousand eight hundred and forty five the said Petitioners by their counsel filed in the clerks office of our said court their Petition against the said defendants which reads in the words and figures following towit - "To the Court of Common pleas of the county of Lawrence State of Ohio. Your Petitioners Lucinda Pancake and Abraham Pancake Administrators of Abraham Pancake deceased respectfully represent that the total value of the personal estate and effects of said decedent is as near as can be ascertained is $201.37 1/2 which will more fully appear by the certificate of the clerk of this court herewith marked (A) but not more than $163.40 can be realized therefrom, that the amount of debts owing by the deceased including the charges of administration as nearly as they can now be ascertained amount to $474.83. That the personal estate and effects are insufficient to pay said debts. The said decedent died seized in fee simple of the following real estate situate in said county and described as follows. The South West Quarter of the south east quarter of section twenty six (26) of Township two (2) of range eighteen (18). The said decedent died leaving your petitioner Lucinda Pancake his widow who is entitled to dower in said premises. The following persons are the heirs having the next estate of inheritance in the premises above described from the said decedent namely Isaac Pancake, Sally Bruce the wife of Alfred Bruce, Betsey Jenkins the wife of Noah Jenkins, Andrew Pancake of full age and Joseph Pancake, Polly Pancake, John Pancake and Jackson Pancake minors all living in said county and also Sampson Pancake of full age of Franklin county, Ohio. Your petitioners pray that the said persons above mentioned and described as having the next estate of inheritance in said premises from said decedent be made parties defendant to this petition. Your petitioner Lucinda Pancake relinquishes her right of dower in said premises and is willing to make such assurance to the purchaser thereof as the court may direct, and your petitioners pray that they may be ordered to sell said real estate for the purpose of paying the debts of said estate and may have such other and further relief as justice may dictate. S. M. [Browning?] Sol for Petitioner." N.B. the Exhibit A not filed with the foregoing Petition. On the Ninth day of September in the year last aforesaid the said Petitioners by S. M. [Browning?] their counsel sued out of the clerks Office of our said court our writs of Subpoenas directed to the Sheriffs of Lawrence and Franklin counties which read in the words and figures following towit - "The State of Ohio, Lawrence County) To the Sheriff of Lawrence County Greeting: We command you to Summon Isaac Pancake, Alfred Bruce, Sally Bruce, Noah Jenkins, Betsey Jenkins, Sampson Pancake, Andrew Pancake, Joseph Pancake, Polly Pancake, John Pancake & Jackson Pancake to appear before our court of common pleas of the county aforesaid, at the court house in said county on the first day of our Term next to answer unto a Petition in Chancery to sell Lands exhibited against them by Lucinda Pancake & Abraham Pancake Admr. of Abraham Pancake Decd & this they shall in no wise omit under the penalty of One thousand Dollars, and have you then and there this writ. [Witness?] Joseph Wheeler, clerk of our said court, at the clerks office, this 9th day of Sept AD 1845. Jos: Wheeler Clerk" The Sheriffs Return on said writ reads in the words and figures following towit "As commanded by this court I summoned all the within named Defendants except Sampson Pancake by reading and copy. Oct. 25 1845. J. Hambleton S.L.C." "The State of Ohio, Lawrence County) To the sheriff of Franklin County Greeting: We command you to summon Isaac Pancake, Alfred Bruce, Sally Bruce, Noah Jenkins, Betsey Jenkins, Sampson Pancake, Andrew Pancake, Joseph Pancake, Polly Pancake, John Pancake & Jackson Pancake to appear before the Judges of our court of common pleas of the county aforesaid at the court house in said county on the first day of our Term next (October 6th 1845) to answer unto a Petition in Chancery to sell Lands exhibited against them by Lucinda Pancake and Abraham Pancake Admr. of Abraham Pancake Decd & this they shall in no wise omit under the penalty of one thousand Dollars and have you then and there this writ. [Witness?] Joseph Wheeler clerk of our said court at the Clerks Office, this 9th day of September AD 1845. Jos: Wheeler Clerk" Endorsement "N.B. Sampson Pancake is confined in the Penitentiary - serve & return it as soon as possible" The Sheriffs Return on said writ reads in the words and figures following towit - "Sept. 26, 1845. Served on the said Sampson Pancake personally by copy. Wm. Donnigan Shff." At October Term in the year last aforesaid this cause is continued by the general order of the court. And Now at this time towit, at a court of common pleas holden in and for the county aforesaid, before the Judges aforesaid and at the time and place first herein aforesaid - On motion ordered that this Petition be dismissed. It is therefore ordered and adjudged that the said defendants Isaac Pancake, Alfred Bruce, Sally Bruce, Noah Jenkins, & Betsey Jenkins, Sampson Pancake, Andrew Pancake, Joseph Pancake, Polly Pancake, John Pancake and Jackson Pancake have execution against the assetts of the Estate of Abraham Pancake Deceased in the hands of Lucinda & Abraham Pancake Administrators for their costs expended as upon judgment at Law. John E. Hanna President Judge ----------------------------------------- Submitted by Lowell Pankake pankake@usfamily.net http://members.xoom.com/pankake/index.htm ==== OH-FOOTSTEPS Mailing List ====