Montgomery County, Indiana, probate complete record, 1825-1831, Part 9

Author:
Publication date: 1900
Publisher: [Fort Wayne, Ind. : Public Library of Fort Wayne and Allen County]
Number of Pages: 540


USA > Indiana > Montgomery County > Montgomery County, Indiana, probate complete record, 1825-1831 > Part 9


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no other, comedy those that your Honor, che eres a face the real Estate, of Said, Morgan an inventory of which. Said administrativ, has nous in this court-and offmais to the Sums of 300, or, consisting of a hack of dasie. the East hay of South East quartier on Jection M? ? in Your life !. Soy Mango & Must, which Sais Jouet of dance, was afine! used to 1200.00. and one let in the Sound of Drawing villa humber 199 ofpraisece to 8100. 00. all this lung Con according to the Statute in Such Case made. and provides the busters apression as well as Jair administrator Suggest that the personal. Estate . Of Said Decevent is insufficient, to pay off and dusch argo, the cutto our and owing from Juice decedente" Estate, to Sais Creditors That your Petitions, unvuelo represent, that the city, and safeally growing in ml. and that a Speedy adjustment, and payment of the dette, is not only a matter of Sheep of interest to the Gte but also to your Petitionen, sino for a Legal, and Star ay proceeding to this once your, Petition, posy the Guelfaret Burnes. Som an heis of Said Magan, and James Stilt Guancean Of Seces Grulforce and JOBens. and Elizabeth Burnes Vene Vennants of Juice del- and order of Sauce, Morgan, be made defendants This Suggestion and Sommento, to show cause of any they can, why skies real Estate, Should not be secre ti Should they fall in establishing a Legal, eques to prevent the Sales of Said Estate your Petitions your honor. will de es as Sale of ace of the real? of Sauce Deccount, or So much honey as may. any to supply the defrecency of the personal ance that you have will de eve Such other Con further religies to your homer. Mery dem


Records of Montgomery


and Equitable and your Politiones will ever fray Vb. Baird for Petitionen Theufos the Sheriff's Commandeco to Summon the Said Quelfact Burnos bir at Law of the Said Magan Burns James Still his Guardian and Elizabeth Burnes tuder Of Said Det fibre Buenas Jen Sements if they may In france in his toutewish personally to to und appeler on the first dayof their next Year & Said Boust to beholden at the Court house in the Sound of Crawfordsville on the 1


Just Monday in January next to Show excuse of any they cans why the real property of Saise Dec. Shal not be Salut to Satisfy the claims against Las Sie as pulationes for by dad complainants, und oftrans Count on the fourthe day of Daveles in the year :1830 the Showffa Sais bearty peliun Sacco went into the Officers du blets aforensics indlerance personally Service De Jany 1830 D 'Vance Sheapp and afterwards Count at the January Form of our Source Protects Court On the Second day of the Term Peut-on the 5th days Jan 1000 byon the Honorable Rotal Taylor Judge . Saice Court Comes the sais pasties ania the Comptes, Suggest the insufrecency of the funeral forofertyg & rice Estate to pay the claims aguento it, and on affli. Cation of Job Still in Guardian to Geforce Barnes an infant he is allowed to defence in fanny Pacifiers and Jacob Angle is appointed dis Couneller. Y attorney in this case? unce Cause Continued and Defendants Yelled to answer in that's days and afterwards Count On the turnbull day of January afonsoice Succe Gut for


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buko Laid Court has answer to Said Felluce which is in the war Cence figures following Yourt. The answer of Guilford Curry. enfant under the age of luinly one year by Janus Sale Guardians Defendant in the lite cy Complaint of S.h. Heard adminis trater of the Estate of illorgan Usarmy date on Montgomery Bounty Del conde thes ColeEl" :


and woning to himself, all and all manner of koupit and advantage of Exception that can or may be hace or taken to the many Enors uncertainties insufiessere. and other imperfections in the Sauce Complainants die Complaint, contained for answer thereto, es unto comuch thereof on this Dependant is cetvised in metusal avances


Sault. That he las a legal, With is the bad e done. derenbed in Said complainants bite bring the Same which Sasse complainants frays may be Sol as Lance belonging to the Estate of Magan Buenis Dececcaed wins Ovol' to Satisfy the iemands of the Creation of said Exacto it lung the East home of the South Cost operatie Section Eight in'Jours hits Lightin North of Range five West which kills be holdes by a Deces of Incentives what ch Auch is here Shown to the bowl leaving date the ff lunch days of January in the years of our Lord ones. thousand Eight hundred and twenty Eight and. for Various. Goods considerations thering Expressed and in funthe binsdesactions of the Sun of One hundred dollar to the Sais Morgan Bunney by his lyon that hassense of the proper food & Money of the Beast Gul foret Burns Son of Dave) Magand Being dies grant Alle client entrop bargain


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Recordsof Montgomery


Convey ance confirm unto the Faire Guilforces Burnes and." to hier fin forevers this cejourouce Fixed og danes thesky infencing that he the sauce fulford, and his Leves Should have anos holst the Same with the offertanance for lev, which Sacco Dect of Inventare was sily actionurl cogeco by Juice Morgan Berry and Elizabeth Bene her with byow I'Mi Caney Erof one of the Justies of the Peace in and for the bounty expansion of Montgomery € lung the Samo bounty wherein Sauce, Deect was execution and Vinecraces among the archives of dais Genety


Sacco County, and this elfencant dences that & aice Last of dance in any way ernight whatever belongs to the Estate of Morgens Burner Dee. or any part thing and he further denies all other the malluns unclos things Containers in Saice Simplonants Bull or Suggestions meterial ou necessary for this cependant to Make answer unts and not bemin ana Suffrecently answered avonden hovered or dense is the which affectaims to Sacos Truet of Land, to the knowledge and blues of this Defence and all which matter and things the Definidos. is really and willing to aven maintain and prove as this honorables but those areet ance handy kreeg that Saves bout, with mot decres a Saley


Guardian! and afterworth Towhen the sundrenthe days february in the year aforeseew John Barnen Your Fernand by dowy his altorony and filed in the office of the blute opereraises his it lead to Complainants hel Or Suggestions, which is in the words and figures


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Patate Count


1830 9Les John Brunner of the Suit of Chin Chard dam! GMagan Bune Sie and others enactors of Said, Estate and this Defendants Sorry & defend, the wrong Viajara. when It and by way of Molestation, neither confeping avoiding in denying the maltes and things in Base Planting Petition application or Suggestions or litt woon taina lub Savung and werving at all times hereafter the right of answering thereto, for please Saith that the Che andere dede hele or morty of Sacos det Me 199 in Gras fachville including in normie, the house thesen que munitioncas in complainants bill Suggestion er application with the nails inclosing the Same Bught not to be Solos, for the payment of Sith or Exponery of the Estate o Sever Lecranico, because he Says that the the und Visuel hagy Sais do with the norm of base house. & rails is in Equity and in good conceence of the property of the Said fils & not the property of the Seas. elorgan is hans mor administrators, wherefor the May facial, whether the Said unarocco hay of Sauce Lot with Sais room trails Should tu Dolce for the payment of the Delta of Scuse Dee . V that the Deff, Should be here etismefect with his ussen at & os, and this Defendants comes and defence the wrong V esyury ve. and by way of Protestation for further filer according to the Statuto Both that the Susce Flere Ought not to have or maintain their Sauce Suggerire. Or lice against him for the sale of the one un cursoes el hay of daia Lot. A. 129. in brawprenait with the en room of the house thenew and finee inclucing the Same nos against Sais property med any part thereof because b & amp. Said on unour auce help of 5 for No one hand.


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Wrecords of Montgomery


Equity and good concuren the projectuse have the John Burny by him tought and paces for with his Oun profes Goods cinch money bag V Arresegh his agent I hus teofllegan swing in his life time, Aby afen bung his Own, as colorescies and not the property of the Seise Morgan in his legstime now the projecty of his heins mor adminis traten, Since his death, and that the difference claim bitte of interest, of Said Morgen in huis type time other than tristes or agent for the purchase of Soundevices has, of Lecce Lot of- premises for the Said Lot of on the property e- Series John frith the money & govan of the Saiss foto' to the hopepics of it improvement by Do Johns of morte sales Anagan, if any Such titles claim er interest war by the Said Morgan in his life time obtained through fraces I loven whereupon he pray fudge if suis Security, Shaws have the Decree of this court for the sale of Sales andheroes hayon Sauce let with Said room and force or Either the Same, of this Defendants for the payment of Setts of Said Sie? of6 thrays to to dismissed with his costs, Curry for John Barnes Byt, and afterwards Lowit at- the March Terms of our Seises bout on the 2 day Of the Term Jouit on the 2 days of March 1830 byyou the Honorable Robert Taylor Juego of Said Court. Comes the Said parties by their alternées afres cis and the Said Jom Burnes by Curry his attorney agosarios Colecion Been of the evidence of dette of the Socios Morgan Bunny in his life time or Sences bis decette to Saiso dott M Mig, in the divine.


ÉProbate Court.


of Graufor cis ville which is Granted, and is eas follows Lowit Fincas all went by these presto that I jase Satt of the country outlook gomery and State of Incuando and helle I firmly bound unts Ing an las of the Same county in the final Sum, one hunas cotton for the fragment where of will and thely too made Ilince mypos my heim and Legal represen Catives firmly by the the presents Sealed with my. Score and dates this 290 g depatentes A 2 180%. The conditions of the above Obligations are Such the if to absor bounain James Site his heirs or refine Sentations, Shall will and Indy Convey unto the Saio Morgan Bunny his heis or apigny the follow. ing descubres Lot of Land, by a good and Sufficew Died, with General Marrantes in for Simple that is to say Lot No one hundred and twenty nine in the Town of Crawfordsville, and Country of dlatego! A State of Indianice, on or byone, the first day of the, nest, then and in Such Case, the above. Oflegal to lo voice Otherurso to remain of full force. Vou Pertininy whereof I have hercunts set my ham an oferece my Seal, who acts above. James Stil Mitrep Josefeld Mann James Vaneators whenyou!" Sauce Complanantly Baia Hiwattany files proteste that the one hay op der M.199, or any part belongs to the Dift. John Barry, in manner and form Ve. and day that the Baia unowas of the said Defendant, John Om. and the muller, and things thereis contained ad (not Sufficient in Low, to quanh, or dinify the 3. Bill as to the Left Jim Barnes and while they Boa, Plaintiff are not tounos by the Low of the Land to answer the Same and then they are


Records of Montgomery 1


nicely to verify whenyou for want of a Suffici ent, ans was in this bihaly, the Series Plentypn V- Suggesten pray fastest ane execres as they hitter to have econo, of defenceant Joins in comunes and Ofte argument of bounds anchere consideration hast thereon the elimines is overruled, and the Same is en motion with drawn, at the Costs of Plaintyp, and the Said Jumer Slitt Guardian of Guilford Bursur. Says that the Petition or till aprecios and the matters benteunea therun_ is in novice Sufferent, in Law for the bacch Petitunes, to have or mountain their Petitions exercices thornton against him the series Jams Guardian as apres sies neither is he obliged by the Low to answer it and this he is necesy to veryfy, whereupon for want of a sufficente Petition the Saint James Guarcan as afarsaid mas quage that the sais Peletimes to preclu -cuce from having their Petition apes cice, and the Sauce James Gecerdean on aprecios for Causes of Demeure, a ceorcing to this Statutes in such Case made anew processes Set forth the follows ing Jour's that they are improper parties that it is uncertain insufficient & events form and the Procenty Join your in Demener, V after argument the Denunes is evenless by the Court and ow motion is with crown, at the Costs of & Deft, and the Said Complements Saving. and reserving all and all manner of advantage q Exceptero to the manifolds, unsallenncis of the


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that they will over press their sais like to be the perpost, certains ance Suppecent in the Love to be answered, units and, that the 3 ais answers of the Said Defendant, is un entain untrue and insuffici to to replied to by this o repliants and that mort with Standing they may be what the Det cash a Dress, of coneryanes from the Said Morgan The Said, Guilford recerca it's ych, thisto Sugestie, have are prepared, and ready to prove it andin. factum a fraudtalent Conveyance, and denofen no other purpose than to defeat- and destroy the claims of Just one honest caracters, without the that any other matters, or thing, whatever in Sas answer contained material or efectuar, in the Low-to lu replied unto, confelices and arrow traverser or ounced, is tres ale which matter and things these refleents, are and will be ready to verify, and prove on this honorable Court, Shal direct, and humble pray on in and by their & aico bill, or Suggestions they have already prayed, and the Sauce Plainly Comes, and defence the wrong and injury when une for aplecatum say that the sair Morgan wen at the time of his death the leog at ones :


--- of Said Lot, without, that that, the one undurch. half of Said Lot in equity and in your concert belong to beide Deft John Carnes, and that in regard to frauen ana boltis com. they please the


the Said . Morgan an they believe, was not Guilty changers therefore they pracy fragment whether they Shoes bo bases


from having moustaining their Sauce sections Cheung agent?, hir thereupon the house is Eentime.


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Records of Montgomery>


Son Ans Brug to say og Sauce Eightin Tua creek avis Chisky ljus er Samo Provato Juerga come tía Sacos panties by their attorniso afprescies and the Count often trung fully archives of the premises in this Case, wherein the Saint Johns Buenos Shurco / Cause his own & Tale, Venduest in the uncharted. halfof Saice Lot In one hundred and twenty nine together with the best nem of the house, con 8. Lor ance the fence Ve. It is by the last now here, Greienece adjudged ance de event that the scis John Barnes, do bo ance remain un des textes by the Bains, administrator or creditors in 3 cias half Lot, room themes, and that the Said Magan Burner in his life time at the time of his death had no Such interest therein as. 8 aise admin. is tration couler or ought to sell, and that said acest. or creditors Shore not Sell the Same, or any part there of but go in that respect homes without erce Vi, that Service Defendant Join Burnes Blecover of the Plantiff, or applicants his carts and changes by law about his degener. in this behalf Suis toners, It is also further Grand adjudged and de creed in the jours lots. es the heirs of Soviet Deceaseceand Saire applicant Mino in Brewsterdevices that the Service applicants have leave to Sell all the Estile of the Secret Ma gaw at the lions of his death had in tto Sauce And, Most unconcert half of Basics lot No.


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Probate Court


129 when the aim, giving, lince with Security in the final Sam of two hundred dollar, and that he give thirty days previous meties of Such Sale by written advertisements in three of public places in Juice County, and that he report such Sale and a Sale bill thering at themeses Termin this court wering however thought i Dower to the Cats under of the Sales Morgan in Sais hay lot. and it is further ordenes. that So muchof the chud in this case as relates to the otherhand, and Dad bu Continues under advisement. till the ment Term of this bout and aftervan Court at the next Jem of Said Count on the first eray of the Term lung the fifth day of fel Eighteenth hundred eines thirty before our Same Judge Leme the Sais pasties by their atternies aforesains and the bowl-affermative Consideration and activement- had in this case It is ordered adjudged and de crees that the Petition filed in this case as few on the Same has reference to the hecho Land mentioned in 8. Petition be alismepred, at the Costs of the Plaint ne afterward dewit at the May Terms of our Source Court on the first day of the From teoma Just on the Scelte day of Man in the year afueraice lafor the Honorable Robert Taylor cu Sane Pretale Guage Come the Said parties by their atternier aperes aide and game, Still Guardecin of Gut force Burner files the following referen to the Complainants replication, The rejoindre ; Genes Sall Guardian of Guilfat Burner, Son of Magan Da Sale of Said County Seccase; This Defendant or Respondent Saving and having to humbly ocean


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Records of Honigemay


all manner of advantage and Execution to the Mainefold Errors. and if ulrecencies of the Haunty, replication for mejornew South that suise Bies in fly. replication mentionées is not Twee certain and Suffi cient in the Law, and that the answer thereunto is Certain true and Suffrecent with the matter and things therein contained and that Sauce Conveyana Spoken of in Plantins application and avered in Defendants answer is not medens parchim or fraude lent and made for the purpose of defecting the clowns Of honest Creditors, but was made for a force anos Valuable Consideration and this matter Defend. and pray may be enquered of by the country? Angle for Diff, And the Components Pettiness cloth the life The'D Boire for Com, and the sais John Burnesty Surrey his attorney, afueraice moves the count for leave to withdraw his plece pless in this case which is grand and Said Deft by his Saice attorney files the following answer unto Saia Complainants Bice or Petition plate Of Inaana Montgomery County, Montgomery Piclate Court The Seperate answerE John Burney to the Bilo Politur or Suggestion of form Beard administrativ, or Morgan Burry Lote of the County on Montgomery and State of Indiana De ce ased, y others alarge de tractits of the Estato or Sato Lecasede previna for the sale of real Estate, for the payment of Sith of Suite Diecaused. It, This Defendant how and at all times hereafter Saving and rescuing to funsey all Amanner of Benifit un' Receptions de the mangfold Insuficiencias & imperfections in Said Bill Petition. or Suggestion, contained for ano was therecento or to Somuch much thouog as this Defendant is advised is nieterical.


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Probate Court


for him to answer, unito, and in cause why the one


cing the Guest room of the house of the house, But Said Lots and mail, including the Same. Should not be Sold for payment of the Ditts of Said Deceased, This Defendant · ans werethe ance Saith that some time in the face of the year long this Dependant put into the hands of Sais. Morgan Burney. then Living Vones Dec. the property of this Defendant, agray maro una auctionzed Morgan as the agent. if this Defendant to purchase of one James Still Suice Lot M129. in Crawfordsville if he could get zaice Lot for saice mare and one he of Said Lot was to be bought for ance be the absolute property of this Defendant So bought for him fly hiss agent, or trustee, thaide for with his said mare, und. Other half of the Lot was to be for the Said Morgan, he ti account Otherwise to this Defendant for 80 much of price of the mare, as would be over paying for this kys hay of said Lot, estuche Let the Saice Morgan informace. this Defendant that he hace So bought, one har, there's for this Sefondant traine for the Same with the Sauce mare of this Defendant, & this Defendant well Knows that said James Still die get his suice mais of his Suid Brother Morgan Burney, and that this Del f. with the sice purchase has ever since. bun in the pipsties. Ky lumises or Tennant of the half of Said Let will hoping that no fraud os misto he had been produced on him by This daice agent, in the little hofors for said det Valuering that he had a good till Vught thereto, and this Et : has buni te Some Considerable Expenses, in emprega Said Lot in buildings & putting the Mines Bounce Ban tota


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Records of Montgomery


and has always been willing for the Sauce Mayan and his Apresentatives to have and enjoy the Best of dais Let-wheel Was to be Said Margary not withstanding the agreement on the part of the Said Morgans in relation chcete has never been, Shetty t quilly complica with on the pas- of the Said Morgan nor his representatives and the By t- further Sameth that he has filed his diktion or lice in the Montgomery Circuit court in chomeny for the perfection of his tette to sais hasp lot, where he infects to have the same fully decreed to him anto in Justice h. eight and this Defendant most Positively denies over authorizing the Bince for a title of his husgy said foto from James Statt to be in the name of the said Magan boten the Contrary as the engagements of his said agenter Juste, (the voice Morgan) was this Deft- in the purchase of Sauce Rot, Enquetes, the title profond would be in the name of Its, this Defendant, This Left. also further most Portovaly comiss intentionally ever having aprigned or released or waivers, his interest in cand lel " Saide S.In. Brance, or any other person for the use of 50 Morgan Burnes, his Creditors. administration or Estale and denies wer leaving any part therefor not with stand. ing he believes cettemph, have been made, by a creditor to cut the Defendant. So to de, by advantageny be the ignorance of this Dependant further in legal affairs this Defendant further answering that now, and at all time hevetofere Since, the purchase of Saire det from James Stile he this Defendant does. V has believed V. Connecterse fumacy (if not the Legal cunos the true and Just owner of the half of Sais let as enforsaid in Equity and good Convence and believes. well


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obtain es completo title thanks, ip Justice is not defection and this Letenwand forthe South that Soyou from avea having Konfered his interest in Saia lot to Con Curry Or any other person, Sened the commencement of this soit of this Defendant in the Montgomery enviet court. for his little to sais lot, that this Defendant Vato Carry nor any other person, never finally agreed upon any Certain army of Sale, nor on any ferie for Said lot of hagy lot, wherepre this Dyn can't pray that his Low interest in it to the half of Saca lot do 19 in brou wers ville nor any part there may not be Sold for the payment of the Detts or claims against the Estoue. of Sair Magan Burns. I pray that no difficulty. may be thrown in the way of his lille to aide let. and pray to be orismepose fine with his reasons. costo, John Bueno.


State of novana Tippecanoe bounty personally of fear. Jim Bunny byon me the undersigned a Justice of the Passes in for the bounty of Difference Violate of Inaany who makes outh that the facts States in the foregoing answer So far as of his own knowledge are ine Vão favas from the knowledge or information of others he believes to be true, this 13? April 1830 before me. Levi Thornton Parties of the Success and the Sais Silin Beauce, cambio the Estate of Said Magan Burnes 218. und thun Seletienes & Suggestion, fre application de los. war of the Suite John Burney one of the Defendants , reply Saving anos rescuing to himself all fall manner of advan Largo, of Ere ception to the manyfotos insuficiencia the suic answer South, that he will aver I prove. he's Sail Bies to be trice certain and Sufficient, and Cut


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Records of Montgomery


the sais answer of the sice Defendant, is antrus and false, with and that that any other mater or Hung whatsoever, in the sauce answer contraneces material on effectue on the Law to be refilled and averdade traversed or denied is true are which matters, and things, this replicant is and will be able, and ready to verify Yprove, as this honor dits Lourd Shall direct, and this they faut themselves upon the Country, The. I. Bavion for Plife. and the Deft with the like, I'M bunny for dist, and Ofte argument of Council this cause is Continued Litt to morrow morning and afterwards low- on the next day before our same fudge come the Scic parties and this Cause in Continued till to Menow morning under advisement, and afterwants Jouet on the next day before end Game Patatas May In sitetoliune, the theres way of the term:


(Seo Rage 219)


AV. Jagdin


And afterwards to wit on the Second day of November in The year 1831. being in the Acoember Terms of said court for said year Comes the petitioners and the heirs of said deceased comes not nor is any cause to the contrary shewon It is therefore considered that He said Petitioners do del said cand as mentioned in The petition being Ehalf of the S. E. up of Section to. 8. in Your chip 18 of of Range 5. Subject only to the ght of lower in the widow of said deceased apon said administrator giving. and with freeholes security in the sum of $400 conditioned as the law directs . an ). Forwards. on the 11th of March 1831. came into our? court John Rear said administrator & files Se sale Bill of the West half of lot ho 12g in Crawfordsville dold to hician Buford por f 82, 4. well the beast half of The denich last quarter of section 5. in Townong 18.20 Ranga Gloves folk . Burwell Daniels for The cure of p/20 dollars, matting in all the dung 8 203 which sales are) by the court now here conferimed. and It is further or dered Fab said Administrator do makes and execute seedy to Land pinchader respectively.




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