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1841 Chancery Court division of John Fowler's estate

Privacy Level: Open (White)
Date: 1836 to 31 May 1841
Location: Sandusky, Ohio, United Statesmap
Surnames/tags: fowler dean nickerson
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[page 149]

John Dean +
Mary Ann Dean

vs.

Thomas Fowler
Samuel Fowler
James Fowler
William Nickerson
Elizabeth Nickerson
Isaac Fowler
Sarah Fowler +
George Fowler

Petition for Partition

Proceedings in Chancery before the Honorable Ozias Bowen President Judge and George Overmeier Isaac Knopp + Alpheus McIntyre his associates at Court of Common Plea, began and held within and for the County of Sandusky and State of Ohio on the 31st day of May in this the Year of our Lord One Thousand Eight Hundred and forty one in a certain cause wherein John Dean

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and Mary Ann Dean were Petitioners and Thomas Fowler James Fowler Samuel Fowler William Nickerson Elizabeth Nickerson Isaac Fowler Sarah Fowler + George Fowler were Respondents.

Be It remembered that heretofore to wit on the 22nd day of August in the Year of our Lord one Thousand and Eight hundred and forty came the Petitioners of Ralph P Buckland their Solicitor and filed in the office of the Clerk of our same Court of Common Pleas, a certain Petition in Chancery in the words and figures following to wit the State of Ohio Sandusky County SS To the Honorable Court of Common Pleas within and for the County + State aforesaid Your Petitioners John Dean and Mary Ann his wife represent unto Your Honors that John Fowler deceased died seized in fee simple on or about the year 1836 of the following described real estate to wit Out Lots Numbers 44, 43, 57 and In Lots Numbers 47, 68, 77, 87, 90, 96, 38, 99, 106, 119, 166, 139, 17, 28, 45, 39, 46, 60, 27 in the original surveyed Town Plat of Croghansville in the Reservation of Two Miles Square at the foot of the Rapids of the Sandusky River also 40 acres of Land being the South West ¼ of the South East Quarter of Section Number Seven in Township No. five North of Range Sixteen also the South half of the East half of South East ¼ of Section Number twenty five in Township No. five North of Range fifteen containing forty acres all in Sandusky County aforesaid Your Petitioners further Represent that said John Fowler deceased left the following children and Heirs of Land too wit

your Petitioner Mary Ann wife of Your Petitioner John Dean,
Thomas Fowler,
Samuel Fowler,
Elizabeth Nickerson wife of William Nickerson adults, and
James Fowler,
Isaac Fowler and
George Fowler minors

all of whom are coparcenary with Your Petitioners and all of whom reside in Sandusky County except

Thomas Fowler who Your Petitioners are informed resides somewhere in England, a part of the Dominions of Queen Victoria

and Your Petitioners pray that all the above named persons may be made parties defendants to this Petition.

Your Petitioners further represent that

[page 151]

the said Mary Ann Dean as heir at Law of the said John Fowler Deceased and the said John Dean in Right of his said Wife Mary Ann Dean have a legal Right to and are seized in fee simple of one undivided Eighth part of the foregoing Real Estate. Your Petitioners therefore pray that Partition of said Real Estate may be made, or if the same cannot be done without manifest Injury, that then such other proceedings may be had in the premises as are authorized of Law. By Ralph P Buckland their atty.

Wherefore a subpoena in Chancery was issued in the Words and figures following to wit State of Ohio Sandusky County SS {Seal} [sic] To the Sheriff of said County Greeting We command You Summon Thomas Fowler Samuel Fowler Elizabeth Nickerson William Nickerson James Fowler Isaac Fowler Sarah Fowler and George Fowler to appear before the Judges of our Court of Common Pleas at the Court House on the first day of their next Turn to answer a Petition in Chancery exhibited against them by John Dean and Mary Ann Dean and this they shall in no wise omit under the penalty of one Thousand Dollars and have them and there this Weils Withrop La I Rawson Clerk of our said Court at the Court House this 22nd day of August AD 1840 La I Rawson Clerk By B L [?] Which said writ was Returned Endorsed as follows “We do hereby acknowledge and accept service of the written Write

John Dean Gn of George Fowler
Wm C. Otis Gn of Isaac Fowler
John Bell for Sarah Fowler + James Fowler
Elizabeth Nickerson Wm Nickerson

And afterwards to with at the October Time of our said Court in the Year last aforesaid this cause was Continued.

And afterwards to wit at the March Time of our said Courth in the Year of our Lord one thousand Eight hundred and forty one came the Petitioners and made due proof of Publication of Notice and this cause was continued.

And the Notice and proof is in the words and

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figures following to wit Court of Common Pleas Petition for Partition The state of Ohio Sandusky County SS Thomas Fowler Samuel Fowler James Fowler William Nickerson Elizabeth Nickerson Isaac Fowler Sarah Fowler + George Fowler will take notice that a Petition was filed against them on the 22nd day of August AD 1840 in the Court of Common Pleas of Sandusky County aforesaid by John Dean and Mary Ann Dean his wife and is now pending wherein the said John Dean + Mary Ann Dean demand Partition of the following Real Estate to wit Out Lots Nos. 43, 44, 51 and In Lots Nos. 47, 68, 77, 87, 90, 96, 38, 99, 106, 119, 166, 139, 17, 28, 45, 37, 39, 46, 60 and 27 in the original Town Plat of Croghansville in the Reservation of two miles square at the foot of the Rapids of the Sandusky River also forty acres of land being the South west Quarter of the South East Quarter of Section No. 7 in Township 5 North of Range No. 16, also the South half of the East of the South East Quarter of Section No 25 in Township five North of Range fifteen containing 40 acres and that at the nex Time of said Court application will by made by the said John Dean Mary Ann May Anne Dean [sic]. R.P. Buckland atty for Petitioners August 22, 1840. Clerk Waggoner being duly sworn says that a copy of the unixed notice was published on the 22nd day of August AD 1840 in a newspaper called the Lower Sandusky Whig Published at Lower Sandusky in said County and of General circulation therein Clerk Waggoner sworn to and declared before me this 6 day of Oct AD 1840. A Coles JP

And afterwards to wit on the thirty first day of May in the Year of our Lord one thousand Eight hundred and forty one came the Petitioners by their atty and filed their amended Petition in the words and figures following to wit John Dean and Mary Ann Dean vs. Thomas Fowler and others. In the Court of Common Pleas of Sandusky County Ohio Petition for Partition Your orators John Dean and Mary Ann Dean by Cause of the Court for

[page 153]

for that purpose first had and obtained further [?] by way of amendment to their said Petition that the following described piece of land being the South West quarter of the South East Quarter of Section No. 7 in Township No. 5 North of Range 16 was inserted in said Petition by mistake the same having be sold by the said John Fowler in his life time and his heirs having no interest whatsoever therein Your Petitioners therefore pray that Partition may be made of the balance of said Land in said Petition mentioned By R. P. Buckland their atty.

And afterwards to wit at the May time of our said Court in the Year of our Lord one Thousand Eight hundred and forty one The Petitioners in this Cause having made due proof of publication of Notice Required by Law therefore this cause came on to be heard on the Petition Exhibits and Testimony and the defendants failing to appear plead answer or demur to said Petition and was argued by Counsel on consideration whereof it is ordered that by the oaths of Samuel Thompson Ezra Williams and John R Pease Partition to be made of said lands in the following proportions to wit

to the said Mary Ann Dean and John Dean in Right of his said Wife Mary Ann one Eaquell Eighth parts
to the said Thomas Fowler one Eaquel Eighth part
to the said Samuel Fowler one Eaquel Eighth part
to the said James Fowler one Eaquel Eighth part
to the said Elizabeth Nickerson and William Nickerson in Right of his said wife Elizabeth one Eaquel Eighth part
to the said Isaac Fowler one Eaquel Eighth part
to the said Sarah Fowler on Eaquel Eighth part and
to the said George Fowler one Eaquel Eighth part.

And it is ordered that a Writ of Partition issue to the Sheriff of Sandusky County commanding him to cause said Partition to be made accordingly and that

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he make Return thereof to this Court at this present Term.

Thereupon a certified Copy of the foregoing order was issued to the Sheriff of Sandusky County which was Returned by him Endorsed as follows In obedience to the Command of this writ I have this day caused the lands and Tenents in the Petition described to be apparted and assigned according to the tenor of the Order of the Court. Upon the oaths of the said Samuel Thompson, Ezra Williams & John R Pease whose Return is hereon Endorsed and herewith returned June 1 1841 - H Everett Sheriff And the said Commissions Return is in the words and figures following to wit agreeable to the within order after being sworn we proceeded to make the following divisions -

To Thomas Fowler the E ½ S ½ E ½ SW ¼ S 25. Range 15.
To Isaac Fowler the W ½ as do do do do do do do acres 20
To Samuel Fowler In Lot No 39, 106 + 119
To Elizabeth Nickerson Out Lot 44 In Lot 46, 87 + 139 + 166
To George Fowler Out Lot 51 In Lot 47
To Sarah Fowler In Lot 17, 28, 38, 99
To Mary Ann Dean In Lot No 37, 68, 77 + 90
To James Fowler Out Lot 43 In Lot 27, 45, 60 + 96.

Ezra Williams John R Pease + Samuel Thompson appraisers

And now at this day to wit the day and Year first aforesaid on motion to the Court by R P Buckland caused for the Petition and upon producing the proceedings of the Sheriff and also the Report and proceedings of the Commissioners heretofore appointed and the Same being Examined It is ordered that the Said proceedings and report be and the Same are hereby approved and confirmed and that the said parties hold in Severalty the Shares of and assigned to Each Respect[?] by the said Commissioners and It is further ordered that the Costs and Expenses of this Tort be paid within ten days from the Rising of this Court

[page 155]

by the parties each person both Plaintiff and Defendant paying one Eaquel Eighth part thereof or that in default thereof that Execution issue against Each for his or her Respective Share





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