LICKING COUNTY OHIO - PROBATE RECORD ----------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. 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Be it remembered that on the 31" dau of July 1871, there was filed in the Clerks Office of said Court, a certain Petition for Partition, which is in the words and figures following to wit: State of Ohio, Licking County S.S. Court of Common Pleas. Harriet Jones and Robert ) PETITION FOR PARTITION Jones, her husband Plffs ) VS ) Susan Tilton Joseph Tilton ) And now comes the said Plaintiffs her husband, Willis Miller ) Sampson Shultz Ellen ) and for cause of action against the Shults Lenny Ann Shults ) George W. Shults John W. ) said defendants, say that Otha Miller Shults a minor aged about ) 15 years, Joseph Jones Jr. ) Late of the County of Licking, and Samuel Jones Wm. H. Jones. ) Mary Woods & Edward Woods. ) State of Ohio, deceased died seized her husband, Eliza Woods. ) Frederick Woods her husband ) of the following real estate to wit: Sarah Ellen Ryan, Henry ) Ryan her husband, Reuben ) 1st Parcel situate in Licking County Miller Owen F. Miller ) Henry F. Miller, Matilda ) Ohio & being the south west quarter Calison, James Calison her ) husband, Jane Mathews ) of the north west quarter of section Joseph Mathews her husband ) Elizabeth Luttle Cary Luttle ) No four 4 in township No four 4 of her husband, Joseph Jones Sr. ) Mary Jones a minor aged about ) range No ten 10, military lands, con- 12 years, Alice Jones a ) minor aged about 14 years, ) taining thirty two and sixty four Francis Jones aged about 17 ) years, Sarah King, Rebecca ) hundredths acres, also the south west King, and the unknown heirs ) of Harriet Underwood decd. ) quarter of the north east quarter of Deft. ) ) section No 5 in township No 4 of ) ** ** ** ** ** ** ** range No ten 10 Military lands, con- taining thirty two acres and twenty hundredths of an acre, said land being the same conveyed be Clement Magruder Gardner to Otha Miller by deed dated April 29" 1843, and recorded in Book QQ pags 31 & 32 of Record of deeds for said Licking County, 2d parcel situate in the County of Licking an in the State of Ohio, beginning at a point fourteen and two thirds rods east of the west line of sec- tion four townships four range ten on the line ( in the year 1847) between Isaac Russell and Otha Miller, thence east to the west line of lands owned by Jesse Brice thence North sixteen rods to the place Waukatomica Creek thence along the south bank of said Creek to a point opposite the starting point. Thence south five rods to the place of beginning containing one acre and 3/4 of an acre more or less, and being the same land conveyed to Otha Miller by Isaac B. Russell and wife by their deed dated May 29" 1847 and recorded in Vol. 60 pgs 431 & 432 of records of Deeds for said Licking County, that the said Plff. Harriet Jones has a legal right to and is seized in fee simple as one of the heirs at law of the said Otha Miller, deceased of one undivided 1/12 part of said premises, that the said defendants are tenants in common with the said Plff. that the defendants Susan Tilton, Owen F. Miller, Ruben Miller, Matilda Cullison Willis H. Miller, Henry F. Miller and Sampson Shults are each entitled to and are seized in fee simple of one undivided 1/12 part. 354 of said premises, that the said Sampson Shults as husband of Elizabeth Shults deceased has also a legal right and is seized for life of one undivided 1/12 part of said premises with remainder after the termination of said life, Estate to Ellen Shults, Tenny Ann Shults, Willis Shults, Geo. W. Shults and John W. Shults a minor aged about 15 years each 1/16 part of said premises, that the said Joseph Jones Jr. John Jones Samuel Jones, Wm. F. Jones, Mary Woods Eliza Woods Sarah Ellen Ryan and unknown heirs of Harriet Underwood are each entitled to and seized in fee simple of one undivided 96th part of said premises, that the said Jane Mathews and Elizabeth Tuttle are each entitled to and seized in fee simple of one undi- vided 24th part of said premises, That the said Joseph Jones Sen. as the husband of Ellinder Jones decd. has a legal right to and seized for life of the undivided 1/12 part of said premises with remainder in fee to the defendants Mary Jones a minor aged about 12 years, Alice Jones a minor aged about 14 years, Frances Jones aged about 17 years Sarah King, to each one individed 1/48 part of said premises. Wherefore the said Plff. pray that the said defendants may be notified of the filing of this petition and that partition of said lands may be made or if same cannot be done without manifest injury, that then such proceeding may be had in the premises as are authorized by law or is equitable and right. Harriet Jones Robert Jones By A.B. Barrick their Atty. The State of Ohio, Licking County S.S. The Plff. Robert Jones being sworn says that the facts state in the foregoing petition are true as he verily believes, that said Petition prays for the Partition of real estate, that service of summons cannont be made within this State on the defendants Elizabeth Tuttle and Cary Tuttle her husband Reben Miller, Owen F. Miller Matilda Cullison, James Cullison her husband, Henry F. Miller, John Jones, Samuel Jones Joseph Jones Sr. Mary Jones, Alice Jones, Frances Jones, Sarah King Richard King her husband, and the unknown heirs Harriet Underwood deceased, and that this is one of the cases mentioned in the 7" section of the code of civil procedure passed March 11" 1853 Robert Jones Subscribed in my presence and sworn to before me this 31" day of July A.D. 1871. Wm. Spencer D.C. SUMMONS. The State of Ohio, Licking County S.S. To the Sheriff of Licking County. You are commanded to notify Sampson Shults, Ellen Shults, Tenny Ann Shults, Willis Shults, George W. Shults John W. Shults, a minor aged about 15 years and Willis H. Miller, impleaded with other that they have been sued by Harriet Jones & Robert Jones her husband, in the Court of Common Pleas of Licking County, and that unless they answer by the 2d day of September A.D. 1871 the Petition of the said Plff. against them, filed in the Clerks office of said Court such Petition will be taken as true & Judge- ment rendered accordingly. You will make due return of this Summons on or before the 14" day of August A.D. 1871. Witness my hand and seal of said Court at the City of Newark this 31" day of July A.D. 1871 I.W. Bigelow Clerk By Wm. Spencer D.C. Plantiffs Claim. Petition for Partition. I. W. Bigelow. Clerk 355 SHERIFFS RETURN. Recieved this writ July 31" A.D. 1871 and on the 5" day of August 1871. I served the same by delivering a true copy thereof to each of the within named defendants. E. Williams Sheriff. SUMMONS. The State of Ohio, Licking County S.S. To the Sheriff of Licking County, you are commanded to notify Susan Tilton & Joseph Tilton her husband, Sarah Ellen Ryan and Henry Ryan her husband ( impleaded with others that they have been sued by Harriet Jones Et al in the Court of Common Pleas of Licking County and that unless they answer by the 2d day of September A.D. 1871 the Petition of the said Plff against them, filed in the Clerks office of said Court, such Petition will be taken as true, and Judgement rendered accordingly, You will make due return of this Summons on or before the 14" day of July A.D. 1871. (seal) Witness my hand and the seal of said Court at the City of Newark this 31" day of July A.D. 1871. I.W. Bigelow Clerk. by Wm. Spencer Deputy. PLANTIFFS CLAIM. Petition for Partition. I.W. Bigelow Clerk. Sheriffs Return. Received this writ August 1" A.D. 1871, and on the 11" day of same month I served the same by handing to the defendants a true copy thereof and returned this 12" day of August 1871. J.H. Cary. Shff. SUMMONS. The State of Ohio, Licking Co. S.S. To the Sheriff of Knox County, You are commanded to notify Joseph Jones Jr. Wm. H. Jones Mary Woods & Edward Woods, Eliza Woods and Frederick Woods her husband, Jane Mathews & Joseph Mathews her husband, ( impleaded with others that they have been sued by Harriet Jones Et al in the Court of Common Pleas of Licking County, and that unless they answer by the 2d day of September A.D. 1871 Petition of the said Plff. against them filed in the Clerks Office of said Court, such Petition will be taken as true and Judgement rendered accordingly. You will make the return of this Summons on or before the 14" day August A.D. 1871, Witness my hand and the seal of said Court at the City of (seal) Newark this 31" day of July A.D. 1871 Isaac W. Bigelow Clerk. By Wm. Spencer D.C. PLANTIFFS CLAIM. Petition for Partition. I.W. Bigelow Clerk. SHERIFFS RETURN. Received this writ August 1" A.D. 1871 and on the 4th day of August 1871 I served the same by delivering a true copy thereof to each of the following named defendants Mary Woods Edward Woods Eliza Woods Frederick Woods Jane Mathews and Joseph Mathews, the defendants Joseph Jones Jr. and Wm. H. Jones not found in my county, Allen J. Beach Sheriff of Knox Co. Ohio Harriet Jones Et al ) We the undersigned defendants in the above entitled VS ) case hereby waive the issuing & service of Summons Susan Tilton Et al ) and enter our voluntary appearance herein, Joseph his 356 And afterward to wit at the Oct. Term 1871 the following proceeding were had. Harriet Jones Et al ) On motion of the said Plffs by A.B. Barrick Vs ) their atty and it appearing to the Court that Susan Tilton Et al ) the said defendants John W. Shults Mary Jones ** ** ** ** ** ** Alice Jones and Frances Jones are minors, it is ordered that Henry S. Sook be and he is hereby appointed Guardian for the suit for the said John W. Shults Mary Jones Alice Jones and Frances Jones are minors it is ordered that Henry S. Sook be and he is appointed and thereupon come the said Henry S. Sook guardian for the suit and accepted said appointment. The State of Ohio, Licking County, Court of Common Pleas. Harriet Jones Et al ) Answer of Infant defendants. VS ) Susan Tilton Et al ) Now comes the said minor defendants John W. ** ** ** ** ** ** Shults Mary Jones Alice Jones and Frances Jones by Henry S. Sook guardian for this suit and for answer herein says, that they deny each and every allegation of the plffs Petition prejudicial to their interest and ask the Court to protect their interest. Henry S. Sook Guardian Ad Litum And afterwards at the aforesaid Term to wit, the following proceedings were had. Harriet Jones and al ) IN PARTITION. VS ) And now come the said Plaintiffs by their Susan Tilton & al ) Attorney Asbury B. Barrick and thereupon this ** ** ** ** ** ** ) cause came on to be heard, upon the Petition the answer of the infant defendants by Henry S. Sook their guardian for the suit appointed by the Court, and the evidence and was argued by Counsel on consider- ation whereof the Court do find that due notice of the pendency of this action has been given for more than forty days prior to the first day of the present term of this Court, and the Court do further find that the said Harriet Jones has a legal right to and is seized in fee simple of 1/12 part thereof of the said premises set up and described in the Petition herein and the Court do further find that the said defendants Sarah Tilton Owen M. Miller Reuben Miller, Matilda Cullison Willis H. Miller Henry F. Miller and Sampson Shults are each entitled to and are seized in fee simple of an undivided 1/12 part of said premises, that the said Sampson Shults has also a legal right to and is seized for life of 1/12 part of said premises with remainder in fee, Ellen Shults Tenny Ann Shults and John W. Shults each 1/60 part of said premises that said Joseph Jones, John Jones, Samuel Jones, Wm. H. Jones, Mary Woods Eliza Woods Sarah E. Ryan and the unknown heirs of Harriet Underwood deceased are entitled each to 1/96 part of said premises, that the said Jane Mathews and Elizabeth Tuttle are each entitled to 1/24 part of said premises, that the said defendant Jos Jones Sr. has a legal right to and is seized for life of 1/12 part with remainder in fee The defendants Mary Jones, Alice Jones, Frances Jones and Sarah King each 1/48 part thereof. It is therefore ordered that a writ of Partition issue to the Sheriff of said County of Licking, commanding him that by the oaths of Jared Danielson Jacob Phillips and Levi Phillips he cause Partition to be made of said lands in the following 357 Proportions to wit: To the said Harriet Jones, Susan Tilton, Owen F. Miller, Reuben Miller, Matilda Cullison Willis H. Miller, Henry F. Miller, and Sampson Shoults, each 1/12 part. To the said Ellen Shoults T. Ann Shoults Willis Shoults George Shoults and J.W. Shoults each 1/60 part subject to the life estate of of the said Sampson Shoults. To the said Joseph Jones Jr. John Jones, Samuel Jones Wm. H. Jones Sarah E. Rine, Eliza Woods, Mary Woods, each 1/96 part, To the unknown heirs of H. Underwood decd. 1/96 part to the said Jane Mathews and Elizabeth Tuttle each 1/24 part. To Mary Jones, Alice Jones, Frances Jones, and Sarah King each 1/48 part subject to the life estate of the said Joseph Jones Sr. and it is further ordered that the Sheriff re- turn his proceedings in the premises forthwith. WRIT OF PARTITION. The State of Ohio, Licking County S.S. To the Sheriff of Licking County, We command you that with- out delay by the oaths of Jared Danielson, Jacob Phillips and Levi Phillips, you cause the following described premises, situate in the County of Licking, and State aforesaid, 1st parcel situate in Licking County Ohio and being the south west quarter of the north west quarter of section No four 4 in township No four 4 of range No ten 10 Military lands containing 42 64/100 acres. Also the south west quarter of the north east quarter of section no five 5 in township no four 4 of range no ten 10 Military land containing 32 20/100 acres said land being the same conveyed by Clement Magruder to Otho Miller by deed dated April 29" 1843 and recorded in Book "q"q" pgs 31 & 2 of record of deeds for said Licking County. 2d parcel situate in the County of Licking and State of Ohio, beginning at a point fourteen and 2/3 rods east of the west line of section four township four range ten on the line between in the year 1847 ) between Isaac Russell and Otha Miller thence east to the west line of lands owned by Jesse Brice thence north sixteen rod to the Waukatomaka Creek, thence along the south bank of said Creek to a post opposite the starting point, thence south five rods to the place of beginning, containing one acre and 3/4 of an acre of land more or less, and being the same land conveyed to Otho Miller by Isaac Russell and wife by their deed dated May 29" 1847, and recorded in Vol. 6 pgs 431 & 432of Recorded deeds for said Licking County, among the persons named herein and in the following proportions to wit: To Harriet Jones " Susan Tilton 1/12 part " Owen T. Miller " " " Reuben Miller " " " Matilda Cullison " " " W. H. Miller " " " Henry F. Miller " " " Sampson Shoults " " " Ellen Shoults 1/60 " ) " T. Ann Shoults " " ) " Willis Shoults " " " Geo Shoults " " ) Subject to the life " John Shoults " " ) estate of Sampson " Joseph Jones 1/96 " Shoults. " John Jones " " 358 To Samuel Jones 1/96 part. " Wm. H. Jones " " " Sarah E. Jones " " " Eliza Woods " " " Mary Woods " " " Harriet Underwwods unknown heirs " " " Jane Mathews 1/34 " " Elizabeth Tuttle " " Mary Jones ) 1/48 " " Alice Jones ) " " " Frances Jones ) " " Subject to the life estate of " Sarah King ) " " Jos. Jones/decd. In pursuance of an order lately made in our Court of Common Pleas within and for the said County of Licking in a certain Petition for Par- tition the said Harriet Jones Et al are Petitioners and the said Susan Tilton Et al are respondents, and that your proceedings in the premises, you distinctly certify under your hand to our said Court forthwith. (seal) Witness my name and the seal of the said Court of Common Pleas at the Court House in Newark this 14" day November A.D. 1871. Isaac W. Bigelow Clerk By Wm. Spencer D.C. SHERIFFS RETURN. As commanded by the foregoing writ of Partition I have exe- cuted the same by the oaths of Jared Danielson Jacob Phillips, as will appear by the report of the Commissioners herewith returned. Given under my hand this 22d day of November A.D. 1871 Edwin Williams Sheriff COMMISSIONERS REPORT. Licking County, Court of Common Pleas Harriet Jones Et al ) IN PARTITION. vs ) Susan Tilton Et al. ) According to the command of the writ of Par- ) tition in this case issued and on the call ** ** ** ** ** ** of the Sheriff of said County, we the under- signed Commissioners after being first duly sworn and upon actual view of the premises are of the opinion that said lands cannot be divided without mani- fest injury, and we do estimate the value of the same at five hundred dollars $500.00. Given under our hands this 22d day of November A.D. 1871 Jared Danielson Jacob Phillips Levi Phillips Commissioners. And afterwards at the aforesaid Oct. Term A.D. 1871 to wit, further proceedings were had. IN PARTITION. Harriet Jones and ) On motion to the Court by A. B. Barrick Counsel Husband ) vs ) for said Plffs and upon proceeding the return of Susan Tilton and ) al. ) the Sheriff and the report of said Commissioners ) ** ** ** ** ** ** heretofore appointed 359 and the same having been examined by the Court here and found in all respects correct and in conformity of law it is hereby ordered that the said proceedings and report be and the same is hereby approved and confirmed and thereupon neither of said parties electing to take the said premises at the said valuation it is ordered that the said premises be sold at public sale by the Sheriff of Licking County, Ohio, according to law and that he return his doings in the premises to the next term of this Court to which time this action is continued. And afterwards to wit, there was issued from the Clerks Office of said Court, a certain order of sale which is in the words and figures follow- ing to wit: ORDER OF SALE. The State of Ohio, Licking County S.S. Harriet Jones Et al ) To the Sheriff of said County Greeting: vs ) Susan Tilton Et al ) ) Whereas a certain Petiton for Partition of ** ** ** ** ** ** real estate wherein Harriet Jones Et al were Plffs. and Susan Tilton Et al were defendants was pending in the Court of Common Pleas for said County at the Oct. Term A.D. 1871 and whereas in the proceedings on said Petition at the Term aforesaid it was by said Court or- dered that the real estate described in said Petition be sold at public auction by the Sheriff of said County, the purchase money to be made payable one third on the day of sale one third in one year, and one third in two years thereafter with interest, the deferred payments to be secured to the parties agreeably to their respective interests by notes and mortgage in the premises, You are therefore hereby commanded to expose to sale upon the terms aforesaid according to law said real estate which is thus described to wit, Situate in County of Licking and State of Ohio. 1st parcel being the south west quarter of the north west quarter of section No 4 in Township no 4 of range No 10 ten Military lands contain- ing thirtytwo and sixtyfour hundredths acres also the south west quarter of the north east quarter of section No five 5 in Township No four 4 of range No ten 10 Military lands containing thirtytwo acres & 20/100 of an acre, said land be- ing the same conveyed by Clement Magruder to Otho Miller by Deed dated April 29" 1843 and Recorded in Book "2"2" pgs 31 & 32 of record of Deeds for said Licking County. 2d parcel, second parcel situate in the County of Licking and State of Ohio, beginning at a point fourteen and two thirds rods east of the west line of section four township range ten ont he line ( in the year 1847 between Jared Russell and Otho Miller thence east to the west line of lands owned by Jesse Brice thence North sixteen rods to the Waukatimaca Creek thence along the south bank of said Creek to a post oposite the starting point, thence south five rods to the place of beginning containing one acre and 3/4 of an acre more or less, and being the same land conveyed to Otho Miller by Isaac Russell and wife by the deed dated May 29" 1847 and Recorded in Vol. 6 pgs 431 & 2 Of Records of Deeds for said Licking You are further commanded to make due return of this writ within 60 Days from the date hereof and to bring into said Court your money real- 360 SHERIFFS RETURN. Received this writ the 27" day of November A.D. 1871 and an inquest of three disinterested free holders and residents of the County had been had on the described real estate, and they on the same day returned to me an estimate of the value thereof to wit: $500. under their hands and seals a copy of which forthwith deposited with the Clerk of the within named Court, there- upon I caused public notice of the time and place of sale of said real estate to be given for more than 30 days before the day of sale by advertisement in the Newark Advocate a newspaper printed in said Licking County and of general cir- ulation therein as will appear by a copy of said Advertisement hereto attached. And on the 2d day of January 1872 at the door of the Court House in Newark Ohio, between the hours of 10 A.M. and 4 P.M. of said day the time and place of sale specified in said notice, I offered the within des- cribed real estate at public auction and then there struck off and sold the same to Samuel Miller for four hundred & eleven dollars $411. he being the high- est bidder therefor and the sum bid being more than 2/3 of the appraised value. E. Williams Sheriff. PROOF OF PUBLICATION. The State of Ohio, Licking County S.S. Harriet Jones Et al ) W.W. Kingsbury being duly sworn deposes and vs ) says that a notice of which true copy is Susan Tilton Et al. ) hereto attached, was published for five con- ) secutive weeks commencing on the 1" day of ** ** ** ** ** ** December 1871 in the Newark Advocate a newspaper during that time printed by Morgan and Kingsbury in the said County of Licking and of general circulation therein. W.W. Kingsbury. Sworn and subscribed before me this 1" day of January A.D. 1872 I.W. Bigelow. Clerk. SHERIFFS SALE OF PARTITION. Harriet Jones Et al ) By virtue of an order of sale to me directed vs ) from the Court of Common Pleas of Licking County Susan Tilton Et al ) Ohio. I will offer at public sale at the door of ** ** ** ** ** ** the Court House in the City of Newark Ohio, on Tuesday, January 2d 1872 between the hours of 10 A.M. & 4 P.M. of said day, the following lands and tenements to wit, Situate in the County of Licking and State of Ohio, 1st parcel being the south west quarter of the north west quarter of section no4 in township No four of range No ten Military lands con- taining 32 64/100 acres also the south west quarter of the north east quarter of section No five 5 in township No 4 range No ten 10 Military lands containing 32 20/100 acres, said lands being the same conveyed by Clement Magruder to Otho Miller by deed dated April 29" 1843 and recorded in Book "q"q" pages 31 & 32 of records of Deeds for said Licking County, 2d parcel situate in the County Licking, and State of Ohio, Beginning at a point fourteen and 2/3 rods east of the west line of section four township four range ten 10 on the line in the year 1847 between Isaac Russell and Otho Miller, thence east to the west line of lands owned by Jesse Brice thence North 16 rods to Waukutomica Creek thence 361 along the south bank of said creek to a post opposite the starting point, thence south five rods to the place beginning containing one acre 3/4 of an acre more or less, and being the same land conveyed to Otho Miller by Isaac Russell and wife by their deed dated May 29" 1847 and recorded in Vol. 6 pages 431 & 432 of records of deeds for said County, appraised at $500.00. Terms of sale on third 1/3 in one year and 1/3 in two years from day of sale, with interest on deferred payments which are to be secured by mortgage on the premises sold. E. Williams Sheriff And afterward to wit at the January Term 1872 of said Court, the following proceedings were had, which reads as follows to wit. Harriet Jones Et al ) In Partition. vs ) Susan Tilton Et al ) And now came the said Plaintiffs of A.B. ) ** ** ** ** ** ** Barrick their counsel and on his motion and upon producing the report of the Sheriff of his sale made under former order of this Court, and the Court being satisfied on examination that said sale was in all respects made according to law, it is ordered that the said proceed- ings and sale be and the same is hereby approved and confirmed, and the said Sheriff is ordered by deed duly executed to convey said premises to the said purchaser Samuel Miller in fee simple and it is further ordered that the said Sheriff out of moneys in his hands pay the costs of this case including a Counsel fee of forty dollars to A.B. Barrick Plffs Attorney taxed at $137.00 and that said Sheriff take from said purchaser eight notes in the sum of $11. 5/12 each made payable to Harriet Jones Susan Tilton Owen F. Miller Reuben Miller, Matilda Cullison Willis F. Miller and Henry F. Miller, respectively, to each one note and due the 2d day of January 1873, and a like number of notes in the same sum tot he same persons last mentioned to each one note due January 2d 1873, and one note due January 2d 1874 payable to Joseph Jones Jr. John Jones, Samuel Jones, Wm. H. Jones mary Woods Eliza Woods, Sarah Ellen King and unknown heirs of Harriet Underwood deceased, to each 2 notes and each note in the sum of 1.41/96$ also two notes to each for Jane Mathews and Elizabeth Tuttle falling due January 2d 1873 and January 2d 1874 in the sum of $5 17/24 two notes to Joseph Jones in the sum of $7.28 each due in one and two years from January 2d 1872 and two notes to each of the following persons Mary, Alice and Frances Jones and Sarah King in the sum of $1.03 one due January 2d 1873 and one January 2d 1874 also two notes payable to Ellen, Teney Ann, Willis George & John W. Shoults in the sum of $1.35 each due in one and two years from January 2d 1872, also two notes int he sum of $17.08 each payable one and two years from January 2d 1872 all of said notes to bear interest from January 2d 1872 and to be secured by mortgage on the said premises so as aforesaid sold. 362 LEGAL NOTICE. Harriet Jones Et al ) Reuben Miller and Owen F. Miller who reside in vs ) the State of Iowa, Matilda Cullison and James Susan Tilton Et al ) Cullison her husband, Henry F. Miller John ) Jones and Samuel Jones who reside in the State ** ** ** ** ** ** of Indiana, Joseph Jones Sr. Mary minor aged about 12 years Alice Jones a minor aged 14 years Frances Jones a minor aged 17 years Sarah King and Richard King her husband whose place of residence is unknown and the unknown heirs of Harriet Underwood deceased whose place of residence is not known will take notice that a Petition was filed against them impleaded with others ont he 31" day of July A.D. 1871 in the Court of Common Pleas within and for the County of Licking and State of Ohio, by Harriet Jones and Robert Jones her husband and is now pending wherein the said Harriet Jones and husband demand Partition of the following real estate to wit: Situate in the County of Licking and State of Ohio, being the south west quarter of the north west quarter of section number four in township number four of range number ten 10 Military land, containing 32 acres and 64/100 also the south east quarter of the north east quarter of section number five 5 in township number four 4 of range No ten Military lands contain- ing 32 20/100 acres also a piece ground, commencing two and 2/3 rods east of the west line section four township 4 range ten on the line between I.B. Russell and Otho Miller in 1847, thence east to the west line of lands owned by Jesse Rice thence north 16 rods to Waukatomica Creek thence alone the banks of said Creek to a point opposite the starting point, thence south five rods to the place of beginning and at the next Term of said Court the said Petitioner will apply for an order that Partition may be made of said premises. By A.B. Barrick their Atty. Harriet Jones Robert Jones. Proof of Publication. Harriet Jones Et al ) vs ) Susan Tilton Et al ) ) ** ** ** ** ** ** State of Ohio, Licking County S.S. Wm. D. Morgan being duly sworn deposes and says that a notice of which a true copy is hereto attached was published for six consecu- tive weeks commencing on the 4 day of August 1871 in the Newark Advocate, a newspaper during that time printed by Morgan and Kingsbury in the said County of Licking and of general Circulation therein. W.D. Morgan Sworn and subscribed before me this 27" day of Oct. A.D. 1871 I. W. Bigelow. Sheriff. ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** LM.