Clarion County PA Archives Court.....RADER, John - SWAB, David Est. February 3 1875 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Eric Swab eswab@adelphia.net November 30, 2004, 7:16 pm Source: Orphan's Court Written: February 3 1875 Recorded: August 23 1875 In the Matter of the of John Rader For Specific performance of Contract 14, with David Swab Deceased. At an Orphans Court held at Clarion in and for the county of Clarion on the 3rd day of February AD 1875. The petition of John Rader, of the Township of Limestone in the county of Clarion aforesaid respectfully sheweth, That David Swab late of said Township and County died on or about the _ day of December AD 1883 [1873?], intestate and that Letters of Administration were duly granted by the Register of said county of Clarion on his estate to John Keck That the said David Swab died seized of certain real Estate situated in the Township of Limestone and County aforesaid and agreed with one Gideon Smith By Parol on or about the _ day of _ AD18, to sell and convey to him his heirs or assigns out of the Said real estate twenty nine acres and one hundred and two perches Bounded and described as follows, Beginning at a post at the North East corner of said tract, Thence south one hundred and thirty Eight perches to a post thence north 84[degrees] East - thirty seven perches to a post, Thence North One hundred and thirty perches to the place of Beginning That said Gideon agreed to pay said Swab Three Hundred to be paid him his heirs Executors, administrator or assigns, That on or about the 1st day of June AD 1872 the said Gideon Smith by a written agreement Sold the said piece or parcel of land to your petitioner; And that Your petitioner was to pay said mentioned Gideon Smith five hundred dollars Two hundred of which was to be paid to the said Gideon Smith and the balance of the purchase money to David Swab as non verbal agreement between said Gideon Smith David Swab and Your petitioner that your petitioner paid said Two Hundred dollars to said Gideon Smith and had paid to said David Swab in his Life time One hundred and seventy five dollars, copies of receipts for said payments will be found hereto annexed, that there is still due to the estate of the will David Swab dec'd One hundred and twenty five dollars and interest from April 1st 1873. And for the consideration aforesaid being paid the said David Swab agreed to make and execute to your petitioner a good and sufficient deed in fee simple for the same. That in Execution of said contract the said David Swab afterward caused the same to be surveyed and staked off and thereupon delivered possession of the same to said Gideon Smith who delivered possession (with consent of David Swab) to your petitioner that said Swab [Smith] thereupon took possession and built thereon a log barn and made other improvements and resided thereon till about the _ day of June AD 1872 at which time Your petitioner took possession and has resided thereon ever since. That Your petitioner is ready and willing to pay balance of purchase money as soon as a title can be made therefor That the said contract is so far executed that it would be against equity to recind the same and that no provisions for the said contract was made by the decedent during his life, and as your petitioner has Shown that said Gideon Smith made valuable improvements pursuant to said contract and that your petitioner has made payments and is now and at all times ready to pay the balance of the purchase money to the adminitrator of said decedent with interest aforesaid, Your petitioner therefore prays your Honorable court to award a citation directed to the said Administrator and to the heirs at law of said David Swab deceased who are Elizabeth Swab widow of Said decedent Margaret Swab intermarried with Henry Siverling, Elizabeth intermarried with Henry Miller, Tricy intermarried with Columbus Stahlman, Catherine intermarried with Frederick Miller, Mary Jane intermarried with John Rader, Adam Swab, David Swab and Levi Swab and the heirs of Christina who was intermarried with Gideon Smith whose names are Sarah A intermarried with Wm W Stoffer Elizabeth J Smith R. E. Smith, A.F. Smith D B Smith, M H Smith, Commanding thereto appear in Court and answer this petition at a day and time to by fixed by the court, and if cause be not shown to the contrary, the petitioner further prays the decree of the Court for the Specific performance of the said contract according to the true intent and meaning thereof, and that a conveyance be made under said Decree by the Administrator to Your petitioner of the said premises in fee Simple and he will ever pray [??] February 3rd 1875 Citation awarded By the Court. February 10th 1875 Citation issued returnable to Fourth Monday of April next. We hereby accept service of the within citation W. M. King Guardian of John E. Smith, Milton H. Smith, Rachel E. Smith Lizzie J Smith Adam L Smith and David B Smith) Henry Miller D M Swab Elizabeth Miller J. F. Miller Columbus Stahlman C. Miller Tarrasy Stahlman W.W. Stofer Henry Siverling S A Stofer Witness John Keck Margaret X Siverling Adam Swab John Keck Administrator Levi Swab of David Swab Witness Elizabeth X Swab Isaac Wolfgong John X Rader Mary Jane Rader And now 27th April 1875, Ordered to be filed, and S K Clark Esq Appointed Auditor by the Court Commission issued to Auditor Auditors Report To The Honorable Honorable the Judges of the Orphan's Court of the County of Clarion In the Matter of the Petition of John Rader for the Specific performance of contract with David Swab Deceased The Auditor appointed by the said court to report the law and the justs in [the next 4 lines of the auditor's report is too faint to read, EOS.]was more then six days before the day of hearing (a copy of such notice bring hereto attached, he met the parties on the 7th day of July AD 1875, at 1,O'clock PM of said day. The evidence before the Auditor Establishes the fact that the said David Swab in his life time made a parcel contract with one Gideon Smith for the sale to said Smith of the real Estate described in the Petition in the case for the sum of three hundred dollars under said Agreement, Smith took possession of said land and made certain improvements thereon that on the 1st day of June AD 1872 the said Smith by an Agreement in writing (hereto attached) sold the said land to the petitioner John Rader for the sum of Five hundred dollars of which sum Smith was to receive two hundred dollars and Swab three hundred dollars that being the amount due him in the sale to Smith Swab agreeing to make a deed to said Rader on payment of the said sum of money by virtue of said agreement and with the consent of said Swab, the said John Rader took Possession of said land and paid to Said Smith the two hundred Dollars, due him and also paid said Swab, in his lifetime One hundred and Seventy five Dollars (as per receipts hereto attached) leaving a balance of said purchase money, amounting to one hundred & twenty five dollars with interest thereon to be added from April 1st 1873 to Said Swab. The evidence also Shows that the said Rader has made improments on the land, and considerably enhanced its value The Auditor is therefore of opinion that a deed should be made to said Rader for said land by the Administrator of David Swab, on payment of the balance of purchase money, and hereto attaches the form of a decree directing said Adminstrator to execute and deliver the deed as aforesaid. The Auditor is of opinion that the costs of this audit should be paid by John Rader, The Auditor hereby certifies that he is not interested in the event of this audit, nor concerned as counsel for, or related to any of the parties thereto All of which is Respectfully Submitted S K Clark, Auditor And Now August 23: 1875 It appearing to the court here that due notice of the Petition of John Rader, has been given to John Keck administrator of David Swab, deceased and to D M Swab J.F. Miller & C Miller, W W Stofer & S A Stofer Adam Swab Levi Swab, Elizabeth Swab, John Rader & Mary Jane Rader, Henry Miller & Elizabeth Miller, Columbus Stahlman & Terracy Stahlman, and Henry Siverling & Margaret Siverling the legal representative of said decedent and that service of the citation heretofore directed to Said Legal representative has meen duly made, and the court having fully considered the said petition and the facts proved in support of the same and no Sufficient cause being shown to the Contrary, do adjudge said facts to be sufficient in equity, and order and decree that the said contract be Specifically performed, according to the true intent and meaning thereof: And the court do further decree, that upon the payment, by the Said John Rader to the Said John Keck Administrator as aforesaid, of the sum of One hundred and twenty five dollars and interest thereon from April 1st AD 1873, being the remainder of the purchase Money payable according to the terms of said contract, the said Administrator do Execute to the terms of said contract, the said Administrator do execute to the said John Rader a good and Sufficient deed conveying to him in fee simple the Messuage and the tract of land in said contract mentioned, in comformity with the intention of the same, And it is further ordered and decreed that the costs of this proceeding be paid by the said John Rader. Filed August 23rd 1875. Additional Comments: This is a part of the settlement of David Swab's estate. The people affected by the petition in addition to the petitioner are: Henry Miller D M Swab [David Moses] Elizabeth Miller J. F. Miller [Frederick] Columbus Stahlman C. Miller Tarrasy Stahlman [Theresa] W.W. Stofer [William] Henry Siverling S A Stofer Margaret Siverling Adam Swab John Keck [Administrator of David's estate] Levi Swab Elizabeth Swab Mary Jane Rader This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 10.8 Kb