Plotner Partition Record Transcribed by
Robert Gennrich, III
2005
Submitted to this website, Genealogy in Bloom Twp., Fairfield Co., OH
The State of Ohio (Case No. 2746)
Fairfield County
Plea before the Court of Common Pleas within and for the County of Fairfield and the State of Ohio on the Fifth ^ day of November in the Year of our Lord one thousand eight hundred and sixty six.
Be it remembered that heretofore towit on the twenty fourth day of January AD eighteen hundred and sixty six the following Petition was filed in the Clerks Office of said count {y} towit:
In Fairfield County Ohio, Court of Common Pleas
50cts
Jacob
Plotner, Anna Shaeffer
R.S.R.
Stamp
And Mary Morehart, Plaintiffs
against
Samuel Plotner John
Plotner
George Fisher & Elizabeth Fisher his wife
Sarah Hart, Elijah Plotner Conrad G.
Plotner Henry Morehart &Henry
R. Roller admt of Conrad Plotner
deceased George Hunter and
John W. Azler Defendants
The said plantiffs Jacob Plotner Anna Shaeffer and Mary
More-
Hartsay that they Each seizied in fee and have legal right to one
undivided ninth part of the following real estate situated in the County
of Fairfield and State of Ohio towit All that tract of land or parcel of land
lying and being in the County of Fairfield and State of Ohio and is
Known and distinguished by being a part or parcel of the South
West Quarter of Section number eleven in Township number four-
Teen and Range number twenty of the land sold by the United
States at Chillicothe and bounded as follows: Beginning at the North
West corner of the before mentioned quarter Section and running, from
Thence East twenty chains seventy five links to a post Thence South
Nineteen chains twelve links to a post Thence west twenty chains ninety
Four links to a post on the west boundary of the said quarter sec-
tion Thence North with said boundary line nineteen chains twenty
eight links to the place of beginning
containing Forty acres be the
same more or less Also Fifty acres of land
off the North end
of the South East Quarter Section number ten of Township number
Fourteen in Range number Twenty of the land directed to be sold
at Chillicothe and being more fully
known and described by a stone
corner on the North and South line
forty eight one half rods from
the original north east corner of said quarter Section & from thence by
a line due west to another stone corner on the original north and
south line on the west side of said quarter section Also Sixty acres
of land to taken off the east side of the Southwest quarter of section
number ten (10) in township number fourteen (14) of range number twenty
(20) according to a survey made by Jonathan Flathery County Surveyor
in the year 1835 to which reference is here made for greater certainty
The plaintiffs say that the defendants Samuel Plotner
and John Plotner both of Marion County Ohio Elizabeth Fisher
inter-
married with defendant George Fisher of Miami County Indiana Sa-
rah Hart & Elijah Plotner of said Miami County Indiana and Conrad
G. Plotner of Adams County Illinois are tenants in common with your
petitioners in said premises The plaintiff{s} further say that said three
tracts of land have been used together as a farm and that should the
same not be capable of division as herein after prayed and required to
be sold the same should be appraised and sold together and as a single
tract and that said defendants adms of
C. Plotner & Geo Hunter and
John Azler claim an interest in said Conrad G. Plotners interesting such
permise by reason of attachment Thereon Plantiffs therefore pray that
partition be made of said premisez and if the same cannot be done without
manifest injury that thew such proceedings may be had in the premise
as are authorized by law John S Brasee Atty for Plantiffs The State
of Ohio Fairfield Co. {symbol perhaps meaning for} Jacob Plotner one of said
plantiffs being duly sworn
sazs that he believes the facts stated in the above petition to be true Jacob his x mark Plotner
sworn to by said Jacob Plotner before me and by him subscribed in my presence
this 24th day Jany 1866 W. L. Koing Depy Clerk Jacob Plotner Anna
Shaeffer and
Mary Morehart plaintiffs ag. Samuel plotner & others defendants-Precipe-In
this
case the clerk will isue summons to Sheriff of Marion Co. Ohio returnable 3rd
Monday for defandants Samuel and John Plotner John S Brassee Atty for Pltff
To the Clerk Jacob Plotner & others
ag Samuel Plotner & others, in Fairfield Co. Ohio
Court of Com. Pleas- The State of Ohio Fairfield Co. {symbol} Jacob Plotner one
of
said planitiffs in the above action being duly sworn sazs that service of a
summons in said action in which of others are planitiffs & Samuel Plotner
& others
defendants cannot be made within this
state upon said defendants George
Fisher and Elizabeth Fisher his wife Sarah Hart, Elijah Plotner and Conrad
G. Plotner ; and this action is an action the subject of which is real Property
within this State and said defendants
have actual interest therein, and
said defendants are all non residents of the State of Ohio Jacob his
x mark Plotner
Sworn to by the said Jacob Plotner before me and by him subscribed in
my presence the 24th Jauy 1866_ W L Koing Depy Clrs on said Petition
was
endorsed We do hereby enter our appearances in this action and waive the
ifsuing & services of process against us Henry Morehart Henry R Roller
admt . C. Plotner decd And therforeon said Prescribe the following Summons
ifsued out of the Clerks office of said court towit The State of Ohio
Fairfield
[seal] County {symbol} To the Sheriff of Marion County Greeting You are
commanded
to notify Samuel Plotner John Plotner that they have been sued by Ja
cob Plotner Anna Shaeffer and Mary Morehart in the Court of Common Pleas
of Fairfield County and that unless they answer by the 29th day of
February AD
1866 the Petition of the said Plaintiff against them filed in the clerks office
of said court, such petition will be taken as true and judgment rendered ac
cordingly You will make due return of
this summons on the 5th day of Feb
ruary AD 1866 Witnessed my hand and seal of said Court this 24th day
of
January AD1866 J.F. Vaudemark Clerk FCCP which summons was returned
with the following return endorsement thereon towit Received this writ January
29th 1866 and on 3rd day of February AD 1866 I served
copps of the written
writ on the within named Samuel Plotner and John Plotner in person S.K
Berry Sheriff MCO Sheriff fees $4.00 pade returned this 3rd
day of February
AD 1866. And afterwards towit on the
twenty sixth day of march AD eighteen
hundred and Sixty six the following publication and proof thereof was filed
Publication of in the Clerks office of said Court towit: Notice To George
Fisher and Elizabeth
Fisher his wife Sarah Hart and Elijah Plotner of Miami county Indiana and
Conrad G. Plotner of Adams county, Illinois - You will take notice that on Jan
uary 24th 1866, Jacob Plotner Anna Shaeffer and Mary Morehart filed
in the
Office of the Clerk of the Court of Common Pleas of Fairfield county O. Their
peti-
tion setting forth that they (except the said George Fisher) with the said
plaintiffs
and others in said petition named are each seized in fee and have legal right
to one undivided 9th part of the following lands situated in said
Fairfield Coun
ty, towit: a part of south west quarter
of section 11 Township 14 Range 20
of land subject to sale at Chillicothe beginning northwest corner of said
quarter Section; thence East 20 chains 75 links to a post; thence South 19
chains and 12 links to a post; thence west 20 chains and 94 links to a
post on the boundary of said quarter; thence North with said boundary line 19
chains and 28 links to the place of the beginning containing 40 acres more or
less Also 50 acres of land off the
North end of the South east quarter of
section 10 Township 14 Range 20 of lands subject to sale at Chillicothe &
being
more fully described by a stone corner on the north and south line 48 ½ rods
from the north east corner of said quarter, and from thence by a line due
west to another stone corner on the north and south on the west side
of said quarter section . Also 60 acres of land to be taken off the East side
of the south west Quarter of section 10 Township 14 of Range 20 according to a
survey made by Jonathan Flattery County Surveyor in the year 1835 to which
reference is made for greater certainty of description said petition also sets
forth that the defendant Henry Morehart and Henry R Roller Administrator
of Conrad Plotner deceased and George Hunter and John W. Ozler, claim same
interest in said Conrad G. Plotners 9th part of said lands because
of attachment
or that if the same will not divide without injury that such other proceedings
may be had in the case ad are authorized by law You are also notified
that you are required to answer said petition on or before the 17th
day of March
1866 J.F. Vandemark Clerk of said Court Dated Jan 24 1866Lancaster Jan 25
1866 GW Pof {symbol } 11.25- The State of Ohio Fairfield County of J.M. Sutphen one of
the Publishers of the Lancaster Gazette a newspaper printed and general cir
ulation in the County aforesaid makes
oath and says that the annexed adver
tizement was published in said newspaper for 6 consecutive weeks commencing
on the 25th day of January AD 1866 J.M. Sutphen Sworn to and
subscribed
before me this 26th day of March
AD 1866 J.F. Vandemark Clerk And after
wards towit At the March Term of the Court Aforesaid AD Eighteen hun
dred and sixty sixth following Entry was made upon the Journal of said
Entry court towit Jacob Plotner &others ag Samuel Plotner& others Civil
Action
This day proof is made to the satisfaction of the Court of publication of a
Summary Statement of the object and prayer of the petition herein against
said non resident defendants for six consecutive weeks beginning on January
25 , 1866 in the Lancaster
Gazette a newspaper printed an of general circulation
in said County of Fairfield said notice mentioning the Court wherein said
Petition was filed and notifying said defendants that they
were required to answer
said petition on or before this 17th day of March 1866, And now
comes the said plan
tiffs by John S. Brasee their attorney and thereinfor this cause came to be
heard upon the petition proofs and exhibits of the said plaintiffs and the
defandt of
said defendants; on consideration tohereof the court do find all the allega
tions of said petition to be true and that said plaintiffs are entitled to the
relief demanded and that partition should be made of said premise in manner
and form as in said petition set out. It is therefore ordered and adjucated by
the court here that a writ of partition ifsue to the sheriff of Fairfield
County
commanding him by the oaths of Elijah Dove Jesse Brandt & George Powell
three judicious disinterested men of the vicinity to cause partition to be made
of the lands in the petition described
in the following proportions towit: -
And that if said premise cannot be divided in manner
aforesaid with
out manifest injury to the value thereof that they by the like oaths of Elijah
Dove Jesse Brandt Powell be cause a valuation and appraisement
to be made of said 3 tracts in the petition described as an entirety and as a
single farm And it is further ordered by the court that said Sheriff make
return of his proceedings in the premise forthwith And afterwards towit
on the twelfth day of April AD Eighteen hundred and Sixty six the following
writ of partition isfued out of the Clerks office of said Court towit The State
of Ohio Fairfield County {symbol} To
the Sheriff of said County Greeting: We Com
mand you that without delay by the oaths of Elijah Dove Jesse Brandt and
George Powell you cause Partition to be
made in the following premises towit
All that tract or parcel of land lying
and being in the County of Fairfield and
State of Ohio and is Known and distinguished by being a part or parcel of the
South West quarter of section number eleven in Township number fourteen
and Range number Twenty of lands sold by the United States at Chillicothe
and bounded as follows: Beginning at the North West corner of the before
mentioned quarter Section and running from thence east twenty chains seventy
five links to a post Thence South nineteen chains twelve links to a post
Thence west twenty chains ninety four links to a post on the west boundary
of the said quarter Section Thence North
with said boundary line nineteen
chains twenty eight links to the place
of beginning containing Forty acres be
the same more or less Also fifty acres of land off the North end of the South
East Quarter of section number ten Township number fourteen in Range
number twenty of the land directed to be sold at Chillicothe and being
more fully known and described by a stone corner on north and south
line forty eight and one half rods from the original north east corner of said
quarter section & from thence by a line due west to another stone corner
on the original north and south line on the west side of
said quarter
section Also Sixty Acres of land to be taken off the East side of the
South West quarter of section number ten (10) in Township number Four
teen (14) of Range number twenty (20) according to a Survey made by Jon
athan Flattery County Surveyor in the year 1835 to which reference is
here made for greater certainty among the following persons towit:
To the said Jacob Plotner 1/9 part
Anna Shaeffer 1/9
Mary Morehart 1/9
Samuel Plotner 1/9
John Plotner 1/9
Elizabeth Fisher 1/9
Sarah Hart 1/9
Elijah Plotner 1/9
Conrad G. Plotner 1/9
And it is further ordered that if in the opinion of said
Commissioners said
land cannot be partitioned without manifest injury thereto then by
the like oaths of said Elijah Dove Jesse Brandt and George Powell
be cause the same to be appraised at its true value in money And that
you return your proceedings herein forthwith Witness my hand and the
seal of said Court of Common Pleas this 12th day of April AD 1866
J.F.
[seal] Vandemark Clerk by W L Koing Deputy which writ was returned
endorsed I have executed this writ by the oaths of the within named
Elijah Dove Jesse Brandt and George Powell whose report in writing
is herewith returned Same Shisler Shff Fees $3.00 Apprt 3.00 Elijah Dove Jes
se Brandt and George Powell the within mentioned commissioners were duly
sworn by me to make Partition of the lands within described in {preview ?}
of the order of the court- Eame Shisler Shff of Fairfield County
We the
undersigned commissioners named in the writ hereunto annexed after
being duly sworn and reviewing executing the premise in said
writ are of the opinion that said premise cannot be divided ac
cording to the command of this writ without manifest injury to the
value thereof and we do estimate and appraise said premise at the
sum of $42.50 per acre. Given under our
hands this 13th day of April
1866 Elijah Dove [seal] Jesse Brandt [seal] George Powell [seal] And after
wards towit at the March Term of the Court aforesaid AD Eighteen
hundred and Sixty Six the following Entry was made upon the journal
of said Court towit: Jacob Plotner & others ag Samuel Plotner &others
Civil Action on the motion to the Court by John S. Brasee attorney for said
plaintiffs and upon producing the return of the Sheriff and the report
of said commissioners heretofore appointed and the same having been
executed by the court here and found in all respects correct and in
conformity to law; it is hereby approved and confirmed and thereupon
neither party electing to take said premise at said valuation , it is
ordered that the said premise be sold at public sale by the Sheriff
of said County of Fairfield according
to law and that he return his
doings in the premise to the next term of this court to
which time this
action is continued And afterwards
towit on the seventeenth day of
April AD Eighteen hundred and Sixty Six the following writ of sales ifsued
out of the Clerks office of said court towit The State of Ohio Fairfield
County
To the Sheriff of said County Greeting We command you that without delay
you cause the following premise to be advertised and sold according to law
at public vendue and outcry at the door of the Court house in said County towit
all that tract or parcel of land lying and being in the
county of Fairfield
and State of Ohio and is known and distinguished by being a part or parcel
of the South West quarter of section number eleven in Township number fourteen
and Range ^number twenty of the land sold by the United States at
Chillicothe and
bounded as follows: Beginning at the North West corner of the before men
tioned Quarter section and running from thence east twenty chains &seventy
five links to a post thence South nineteen chains twelve links to a post Thence
west twenty chains and ninety four links to a post on the west boundary of the
said Quarter section Thence North along the boundary line
nineteen chains
and twenty eight links to the place of beginning Containing Forty acres
be the same more or less Also fifty
acres of land off the north end of the South
East Quarter of Section number ten in Township number Fourteen in Range
number twenty of the lands directed to be sold at Chillicothe and being
more fully known and described by a stone corner on the north and south
line forty eight and one half rods from
the original North East corner said
quarter section and from thence by a line due west to an other stone
corner on the original north and south line
on the west side of said
quarter section Also sixty acres of
land to be taken off the East side
of the south west quarter of section number ten (10) in Township num
ber fourteen (14) of Range Twenty (20)
according to a survey made
by Jonathan Flattery County Surveyor in
the year 1835 to which reference
is here made for greater certainty care
not to sell the same for less
than two thirds the appraised value thereof and upon the terms of one
third the purchase money in hand one
third in one and one third in
two years from day of sale And all your proceedings have fully cer
tified before our said court and have there thence this writ Witness my hand
and seal of said Court this 17th day of April 1866 [seal] J. F.
Vandemark Clerk which said writ of sale was returned with the
following return endorsed thereon towit Recd this writ April
17th
1866 According to the command hereof I advertised the within described
real estate for sale in the Ohio Eagle a newspaper printed and of general circu
lation in Fairfield County and having so advertised the same for five con
secutive weeks (more than 30 days) prior to the 28th day of May
1866 I did
on said day and at the time and place specified in said advertisement offer
the same for sale at public auction when Daniel H. Runkle appeared
and bid the sum of $39.50 per acre and
his bid being the highest and
best bid had therefore and more than
two thirds the appraised value thereof
I struck off and sold the same to him at his said bid Whole amount of sale
$592500 Eame Shisler Shff By M.F. Raciney
Depy Fees $4078 Pr
Eagle {symbol}
and afterwards towit on the Fourth day of June AD Eighteen Hundred
and Sixty Six the following Publication and proof thereof
was filed in
the clerks office of said Court towit: Sheriffs Sale The State of Ohio
Fairfield County {symbol} Jacob Plotner vs Samuel Plotner et al writ of
Sale Pursuant to the command of a writ of Sale to me directed from the
Court of Common Pleas of Fairfield County Ohio I will offer and expose
to sale by public auction at the door of the court house in the city of Lan
caster Ohio On Monday the 28th day of May AD 1866 between the hours
of 10 oclock A.M. and 4 oclock P.M. of said day the following real estate
towit: All that tract or parcel of land lying
and being in the county of
Fairfield and State of Ohio and is known and distinguished by being a
part or parcel of the South West
Quarter of section number eleven
in Township number fourteen and Range number Twenty of the
land sold by the United States at Chillicothe and bound as follows
beginning at the North West corner of the before mentioned quarter
section and running from thence east
twenty chains and seventy
five links to a post; thence south nineteen chains twelve links to a
post ; thence west twenty chains ninety four links to a post on
the west boundary line of the said quarter section ; thence North with said
boundary line nineteen chains and twenty eight links to the place
of beginning containing Forty acres be the same more or less Also
fifty acres of land off the north end of the South East quarter of section
number ten Township number Fourteen in Range number Twenty of the
lands directed to be sold at Chillicothe and being more fully Known and
described by a stone corner on the north and south line forty eight and one
half rods from the original northeast corner of said quarter section and
from thence by a line due west to another cornerstone on the original
north and south line on the west side of said quarter section _ Also Sixty
acres of land to be taken off the east side of the south west quarter of
section
number Ten (10) in Township number fourteen(14) of Range number Twenty
(20) according to a survey made by Jonathan Flattery County Surveyor in
the year 1835, to which reference is here made for greater certainty to be
sold by order of Court in proceedings in partition in the above mentioned case
Terms of sale- one third the purchase money in hand, one third in one and
the residue in two years with interest on deferred payments from day of
sale Appraised at $42.50 100 per acre John S. Brasee attorney Emanuel
Shisler
Shff April 26 1866 sw28 Pr fee 13.50
The State of Ohio Fairfield County
{symbol} Wm E
Baker publisher of the Ohio Eagle a newspaper
printed and of general circula
tion in the county aforesaid makes oath
and says that the annexed advertis
ment was published in said paper for
five consecutive weeks commencing
on the 26th day of April AD 1866 W.E. Baker Sworn to and subscribed
before
me this 4th day of June Ad 1866 J.F. Vandemark Clrk And
afterwards towit
at the June term AD Eighteen hundred and Sixty Six the following Entry
was made upon the Journal of said Court towit Jacob Plotner & others ag
Samuel Plotner & others Petition at the present term the writ of Sale here
tofore Ifsued herein is produced to the court and the return and proceedings
of our Sheriff indorsed thereon of a sale made by him of this premise in
said writ & petition described on the 28th day of May 1866 to
Daniel H. Rumkle
at and for the sum of $39.50 per acre making the gross sum of
$592500 & said
proceedings and sale being executed by the Court and found
in all respects
to be correct an in conformity to law It is ordered by the court that the sum
be and hereby approved and confirmed and that said Sheriff upon the full
payment of said purchase money on securing the same to be paid as hereafter
directed execute and deliver to said purchaser a deed in fee simple for said
premise And it is further ordered by
the court that the hand payment of
said purchase money towit $1975.00
be distributed as follows: to the payment of the costs of this suit $249.43
Jacob Plotner 191.73
Anna Shaeffer 191.73
Mary Morehart 191.73
Samuel Plotner 191.73
John Plotner 191.73
Elizabeth Fisher 191.73
Sarah Hart 191.73
Elijah Plotner 191.73
And it is further ordered by the court that the Sheriff
retain in his hands the
distributive share of the said Conrad G. Plotner until further order of this
court. and afterwards towit at the
November term of the court aforesaid AD
Eighteen hundred and Sixty six the following entry was made upon the Journal
of said court towit Jacob Plotner Anna Shaeffer and Mary Moorehart pliffs
ag Samuel Plotner & others Defendants Civil Action for partition This day
on the motion to the court by John S. Brasee
atty for defendants the Adms of Con
rad Plotner Desc and it appearing to the court that said defendants
at the
present Term in action against the said defendant Conrad G. Plotner recovered
a judgment against said C.G. Plotner for $83420 & cost of
suit taxed to $31.25
and that the interest of said C.G. Plotner in the premise sold in this action was
levied upon by attachment in said action on the 10th day of Jan
,1866 and
that said judgment is a lien from the date of said levy upon the interest
of said C.G. Plotner in the proceeds of
said sales It is ordered that the sheriff
pay out of said sum $19173 in his hands the interest of said
C.G.Plotner
in the hand payment first the costs in said action ag the said Conrad G.
towit $3125 and balance $16048 to the said admt of C
Plotner as a payment
as of the first day of this Term on said
Judgment and all questions
as to the distribution of the said 2nd & third installments is hereby
reserved until further order of the
court herein