William Thomas White and Nancy his wife vs Jonathan Weltonand Nancy his wife, Jesse Chaney and Mary his wife, Diana, Sally, Julia Ann, Ruhamy, and John Devore

Description:	A petition by William White and wife by B. M. Thomas is filed to divide the land of John Devore, deceased between his heirs as follows: Nancy who married John Welton, Mary who married Jesse Chaney, Betsy aka Elizabeth who married William White, Diana age 16, Sally age 12, Julia Ann age 11, Ruhamy age 8 and John Devore. He states John has already been given his share of 60.800 acres. The complaint was filed September 11, 1848 by W. R. McCord, Clerk. A summons to the Knox County Sheriff to bring to court Jonathan and Nancy Welton, Jesse and Mary Chaney, Diana, Sally, Julia Ann, Ruhamy and John Devore is issued. They are to appear before the judge to answer to the petition of William Thomas White and Betsy, his wife, for partition against them. Witness W. R. McCord with costs listed on back, filed September 1, 1848. James Westfall, William P. Beckes and Henry Turbett are appointed Commissioners. A petition dated September 1848 by Thomas, attorney for the plaintiff comes to court and Henry Turbett and James Westfall, two of the appointed Commissioners, and make a report. They state that the land is not divisible among said owners without injury to their interests and that no portion there of can be divided. Submitted September 22, 1848. The court orders James Westfall to sell the property and to publish it in the Western Sun and to post the sale in public places in Johnson Township and in 2 places in Knox County. The petition is filed October 17, 1848 witnessed and sworn by W. R. McCord, Clerk. A notation on the back of the document is made by James Westfall Commissioner. Stating property was sold to Andrew Longal for $495 and to William T. Scott. A response on the petition is filed with a report of the Commissioners. On September 1848 the plaintiff by Attorney Thomas states by agreement that John Devore has received his full share and the other parties to their lands as follows: Jesse Chaney 1/7, Mary Chaney 1/7, Diana 1/7, Sally 1/7, Julia Ann and Ruhamy 1/7 and Betsy White 1/7 and that John Welton and wife sold their part to Jesse Chaney so they have no share. On September 22, 1848, Henry Turbett, and James Westfall swear before Martin Robinson, Justice of the Peace and take the oath to be trustworthy in their duties as Commissioners. The report of the Commissioners state that the land is not separable to partition and that the value of the land is placed at $100 for 80 acres and 2 parcels are valued at $130. Sworn before James Thorn, Justice of the Peace September 22, 1848. A receipt dated December 7, 1848 by James Westfall, Commissioner. John Devore pays $1.36 for advertising sale of land signed by H. Stout & L. R. Lahue. charges are paid on February 28, 1849 and paid in full, Chaney paid $2.50, William T. White paid $7.88. B. M. Thomas charges $10 for attorney fee for sale of the John Devore land on December 22, 1849. A $3 receipt signed by Henry Turbett, for fees received of John Westfall, Commissioner on October 23, 1850. The fee is for dividing the property of John Devore, deceased. The $3 fee was for 2 days service in making the division of the property. James Westfall, Commissioner on December 19, 1850, states that the sale of real estate of John Devore has been paid and completed with deeds made out to purchasers. A receipt from John Devore dated December 19, 1850 stating he has paid $250.61 in distributed shares to Sally, Julia Ann, and Ruhamy, the three minor children as their guardian. A current account with the balance of $584.73 is filed by Clark Willis, J. P. The account is dated December 19, 1850 and signed by James Westfall, Commissioner on the sale of the property and is filed by W. R. McCord. An account for the cost of the court on the suit is filed for $20.80 from August 1848 to December 1850. The document states that payment has been made in full on the bill of James Westfall, Commissioner on the sale of the property. The fees are for docketing, summons, copies, orders, filing and the executions. Receipts on the distribution of the sold property are issued on December 19, 1850 for the amount of $83.53 2/3 to William White and Elizabeth, William and Diana Case, and $167.07 to Jesse Chaney. Witnessed by Attorney B. W. Thomas.
Origin:	2017-01-05
Created By:	Indiana. Probate Court (Knox County);
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/16913
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Appraisers -- Indiana Territory Affidavits -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Depositions -- Indiana Territory Land titles -- Registration and transfer -- Indiana Territory Lawyers -- Indiana Territory Newspapers -- Indiana Territory Oaths -- Indiana Territory Petitions -- Indiana Territory Real Property -- Indiana Territory Receipts (Acknowledgments) -- Indiana Territory Summons -- Indiana Territory Witnesses -- Indiana Territory Court Records

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