Condon to Rush - 1849

Ross County, Ohio

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Advertisement for Partition of Said Property

John D. Loney and Charles W. Loney (whose places of residence are unknown) Nancy Loney, widow of James A. Loney, Enos J. Loney, James H. Loney, James A. L. Davis, Walter Davis, Rebecca F. Davis, David Davis, James McMillen, and Eliza McMillen, his wife, and James Young, and Mary Young, his wife, (all of whom are supposed to reside in Ross county, Ohio) and Moses Brundimore, and Nancy Brundimore, his wife, William Ashby, and Miranda Ashby, his wife, and Alfred H. Loney, (all of whom are supposed to reside in the State of Indiana) will take notice that a petition was filed against them on this 24th day of May, A.D. 1848 in the Court of Common Pleas of Ross county, Ohio, by David Condon, and is now pending, wherein the said David Condon demands partition of the following Real Estate, situate in Franklin Twp, in said county of Ross, to wit.

That tract of land that was conveyed by Enos Moor, and Elizabeth Moor, his wife, to James A. Loney by deed executed July 8, 1831, containing ten acres of which tract said James A. Loney died seized and possessed -

and that at the next term of said Court, application will be made by the said David Condon for an order that partition may be made of said premises.

Chillicothe Advertiser, Chillicothe, Ross County; 26 May 1848

Petition for Partition of Said Property

Ross County, Ohio
Deed Book 47
Page 527/528

To all to whom these presents shall come greeting;

Whereas, on the 24th day of May A.D. 1848, David Condon of Pike County, Ohio filed his certain petition in the Court of Common Pleas of Ross County, Ohio against John D. Loney, Charles W. Loney, Nancy Loney (widow), Enos J. Loney, James H. Loney, James A. L. Davis, Walter Davis, Rebecca F. Davis, David Davis, James McMillen and Eliza McMillen his wife, James Young and Mary Young his wife, Moses Brundemore [Brunemer] and Nancy Brundemore [Brunemer] his wife, William Ashby and Miranda Ashby his wife, and Alfred H. Loney, demanding partition of certain real estate hereinafter described and whereas such proceedings were had upon said petition, that the Commissioners appointed by said Court to assign the dower of said Nancy Loney and make partition of said estate, made apart (?), that said dower could not be assigned by metes and bounds and that they had assigned to her for her dower in said Real Estate the sum of five dollars per year to be paid to her annually, & further that said real estate would not admit of a division without manifest injury to the same, and that they had appraised the same, subject to said dower assigned as aforesaid, at sixty dollars and whereas, at the October Term A.D. 1848 of said Court, the said report of said Commissioners was approved and confirmed by said Court and it was ordered that said annuity of five dollars shall be paid on the 24th day of May of each and every year during the life of said Nancy Loney, the first payment to be made on May 24 1849 by those who may be the tenant or tenants in fee of the premises when the payments fall due respectively and that said annuity shall be a charge and lien on said premises, and the said David Condon ______ to take said Estate at the said valuation of said Commissioners, and neither of the other parties ----ting to take the same, and the said David Condon having paid to those of said Defendants who were his Cotinants in said premises, their respective proportions of said appraised value thereof, in the manner divested by said Court, the said Court did adjudge the said premises to the said David Condon and did order the Sheriff of Ross County aforesaid to execute and deliver to the said David Condon a deed in fee simple for the same subject to the dower aforesaid, assigned as aforesaid, according to the Statute in such case made and provided.

And whereas, afterwards, and in the term aforesaid of said Court, the term of office of Charles Martin Esq. who was Sheriff of said County of Ross at the time said order was made having expired without his having executed said deed, it was ordered by said Court, that the undersigned William K. McMillen Sheriff of said Ross County and successor of said Charles Martin do execute and deliver said deed all which will more fully appear reference being had to the Records of said Court.

Now therefore, I, William K. McMillen, Sheriff as aforesaid, in consideration of the premises, and by virtue of the powers in me vested by law, do by these presents grant, bargain, ____ and convey unto the said David Condon and unto his heirs and assigns forever, the said Real Estate so adjudged as aforesaid to him the said David Condon and which is described as follows.

To wit, all that tract of land lying and being in said County of Ross. Beginning at a small white oak and black oak in the westerly line of survey No. 4011, thence N75 E33 poles to a stake, near a dogwood; thence N15 W48 poles to a white oakÕ thence S75 W33 poles to a small black oak in the original line; thence with said line S15 E48 poles to the beginning. Containing ten acres with all and singular the appurtenances, subject however to the dower of the said Nancy Loney assigned as aforesaid.

To Have and To Hold the said premises with the appurtenances, subject to said dower assigned as aforesaid to the said David Condon his heirs and assigns forever.

In Testimony whereof, I, the said William K. McMillen, Sheriff as aforesaid hereto set my hand and seal as such Sheriff, this 14th day of November A.D. 1848.

Signed, sealed & acknowledged                             William K. McMillen  {seal}
in presence of                                            Sheriff of Ross County
A. G. Thurman
T. Sherar (?)

The State of Ohio, Ross County, --

Before me, as Justice of the Peace in and for Ross County aforesaid, personally appeared the above named William K. McMillen Sheriff of said Ross County, and, as such Sheriff acknowledged the signing and sealing of the aforegoing Conveyance to be his fee and voluntary act and deed as Sheriff as aforesaid, this fourteenth day of November A. D. 1848.

Received November 14 1848                                  Daniel Ott
Recorded 18th day of the same                              Justice of the peace