Abraham Philips vs. Elizabeth Philips

Date: 1 Sep 1843 to 28 Sep 1846
Location: Licking Co., Ohio, USA
Surnames/tags: Phillips Dunlap Layton

Pleas before the Common Common Pleas within and for the County of Licking and State of Ohio, begun and held at the court house in Newark, in said county, on the 8th day of September, 1846, before the Honorable Corrington W Searle, Daniel Martin, Benjamin F Myers, and Benjamin W Brice, his associates

Abraham Philips, adm vs Elizabeth Philips et al

Petition to sell land

Be it remembered that heretofor towit the 1st day of September , 1843 there was filed in the clerk's office of said court the following petition, viz: To the Court of Common Pleas of the County of Licking and State of Ohio Your Petitioner, Charles M Condit, administrator of the estate of Abraham Philips deceased, ___ fully representeth, that the personal propery of said intestate is insufficient to discharge the debt of the estate --that the said intestate deed seized in fee simple of the following real estate, situate in said Licking County, being the east half of Lots thirty seven and thirty-eighth, in the second quarter, fourth township and thirteenth Range, United States Military land, and leaving Elizabeth Philips, his widow, and Bryant Thornhill + Rachael Thornhill, wife of said Bryant, George Dunlap and Elizabeth Dunlap, wife of said George, John Philips, Lydia Peters, Abraham Layton, Morgan Layton, Elizabeth Layton, Joseph Layton, Lydia Layton, James Layton, Ferdinand Clemons and Sarah Clemons, wife of said Ferdinand, and George Beaver + Edith Beaver, wife of said George, John Martz, Abraham Martz, Samuel Martz, Jacob Martz, Newton Martz, Martin Martz, Curtis Yates and Lydia Yates, wife of said Curtis, Maria Martz, Rachael Martz, David Robinson + Polly Robinson, wife of said David, his heirs at law and legal representatives. Your petitioners therefore prays that said widow and heirs and legal representatives be made defendants to this petition, that the writ of subpoena may be issue against those of said defendants who reside in said Licking County, and that those who reside out of said State may be legally notified of the pending of this petition that they may be compelled to answer all and singular the premises, that the dower estate of said Elizabeth may be assigned, and that your petitioner may be authorized to sell and convey so much of said real estate as will discharge the debts of said intestate, with incidental charges under such regulations as are established by law Mathias O White Solrs for Peter

And on the first day of September, 1843, the following subpoena was issued, to wit: seal The State of Ohio, Licking County SS: To the Sheriff of our said County greeting: I command you to summon Elizabeth Philips, Bryant Thornhill + Rachel Thornhill, George Dunlap , Elizabeth Dunlap, John Philips, Lydia Peters, Abraham Layton, Samuel Martz, Reuben Martz, Curtis Yates, Lydia Yates, Morgan Layton, Elizabeth Layton, Joseph Layton, Maria Martz, Rachel Martz, Daniel Robinson + Polly Robinson, Lydia Layton, James Layton, Ferdinand Clemons, Sarah Clemons, George Beaver, Elizabeth Beaver, John Martz, Abraham Martz, Jacob Martz + Martin Martz to be and appear before the Judges of our Court of Common Pleas, at Newark, in said County of Licking, forthwith to answer unto a bill in Chancery , exhibited against them by Charles M Condit Administrator of Abraham Philips deed and this they shall in no wise omit under the penalty of one thousand dollars. And have you then and there next. Witness Franklin Fullerton , clerk of our said Court. Dated at the clerk's office this 1st day of September AD 1843. F Fullerton

Sheriff's return towit: 2 September 1843 served by giving to each of the within named persons an attached copy of this writ, except Jacob Martz, Martin Martz, Abm Layton, Curtis Yates, Lydia Yates, Morgan Layton, Lydia Layton, Maria Martz, Rachel Martz, Ferdinand Clemons, Sarah Clemons, John Martz, Abrm Martz, Reuben Martz, Samuel Martz, Joseph Layton which last named persons are not in my bailwick. Fees $8.35 C Boeing Shff By Mr Fench Dept

November Term, 1843 case continued

May 1844, Term case continued

August 1844, Term case continued

And afterwards towit, at the November 1844 term, in this case on motion to the Court by J Mathiot. counsel for the petitioner it is ordered that the said Elizabeth Philips be endowed of one full equal third part of the following real estate in the petition described, towit: lying and being in the said County of Licking, State of Ohio, being the east half of lots number 37 & 38 in the second quarter of the fourth township and the thirteenth Range of the United State Military land. And it is further ordered that Wait Wright, William Opdycke, William H Reason Esq, being first duly sworn, do upon actual view of the premises set off and assign said dower to the said Elizabeth Philips, and make return of such assignment, together with a just valuation of said real estate, subject to said dower, to the present term of this court. And afterwards, towit, on the 23rd day of December, the following report, endorsed on the back of a certified copy of the forgoing order, was filed in said Court, viz: To the Honorable the Court of Common Pleas of Licking County Ohio. In obedience of the within order we having been first duly sworn,upon actual view of the premises, we set off and assign to the within named Elizabeth Philips, for her dower estate within described, as is continued within the following metes and bounds, towit: Beginning at the S west corner of east half of lots thirty-seven and thirty eight , as described in the foregoing order, thence North 114 poles to a post, thence East 37 poles and 7 links to a post, thence South 114 poles to a post, thence West 37 poles and 7 links to place of beginning contained 28 acres. And we do estimate the just value of said real estate, subject to the dower aforesaid at one thousand eight hundred and eighty dollars. Given under our hands this 21st day of December, AD 1844. William Opdyck Wait Wright William H Reason

And afterwards to wit, at the said November term, 1846, in this case On motion to the Court by J Mathiot, counsel for the petitioner, and upon producing the assignment of dower and appraisement herein made by Wait Wright, William Opdyck, William H Reason, under a formal order of this court. It is therefore ordered that the said Charles M Condit, as admin as aforesaid, proceed according to law to sell the real estate in the petition described, subject to the dower estate of the said Elizabeth Philips, and that said sale be made on the premises in Burlington township, and upon the following terms to wit: one third cash in hand, one third in one year, and the residue in 18 months from the day of sale with interest; and that he make return of his proceedings in the premises to the next term of this court, to which time this cause is continued.

March term, 1845, case continued

June term, 1845 , case continued

And afterwards, towit, at the September term, 1845, __ this case it appearing to the court upon affadavit, that the assignment of dower and appraisement of real estate in said ___ described, under a former order of the court, was done unequally and improperly made, it is thereupon on motion ordered by the court that said assignment of dower and appraisement so made aforesaid be set aside and held for naught, and that Elizabeth Philips, widow of the said Abraham Philips decd, be endowed of one full equal third part of the tract of land in the petition described, being the east half of lots number 37 & 38 in the second quarter of the fourth township and the thirteenth Range of the United State Military tract, in said Licking County. And it is further ordered that James Houck, Crandal Rosecrans, and Daniel Houck, being first duly sworn, do upon actual view of the premises set off and assign the said dower to the said Elizabeth Philips, and make return of such assignment, together with a just valuation of said real estate, subject to said dower, to the next term of this Court, to which time this cause is continued. Report of Assignment of dower and appraisement returned to the March Term of said Court, 1846, viz:

And afterwards towit, at the March term, AD 1846, in this case on motion to the Court by J Mathiot, counse for the petitioner and upon producing the assignment of dower and assignment herein made by James Houck, Daniel Houck, and Crandal Rosecrans under a former order of this Court made at the September term, 1845, it is ordered that the said Charles M Condit proceed according to law to sell the real estate in the petition described, on the premises subject to the dower estate of the said Elizabeth Philips, and upon the following terms towit: one third cash in hand, one third in one year and the residue in two years with interest from the day of sale, to be secured by mortgage on the premises. And it is further ordered that the said Charles M Condit make return of his proceedings to the next term of this court, and cause continued. June term, 1846, cause continued Report of sale, filed September 28, 1846 towit:

CM Condit Adm of Abm Philips decd vs Elizabeth Philips et al Petition to sell land

In pursuance of an order of sale made at the March term, 1846, of said Court, I gave notice in due form of law, and at the time and place mentioned in said notice for said sale towit: on the premises on the 2nd of May, 1846, I offered said property at public venue. Not being satisfied with the bid there and then made, I adjoined said sale to the village of Homer, about one half mile distant from the premises, and Reuben Dunlap having bid ten hundred and sixty-two dollars, and he being the highest bidder, and the same being more than two thirds the appraised value, I struck off and sold the same to him for that sum. CM Condit, Admr of Abraham Philips deceased Homer May 2nd 1846

And afterwards, towit: on the 28th day of September, 1846, the September Term, 1846, of said Court being still regularly in session and at the place first herein mentioned, in this case, "On motion to the Court by Mr Mathiot, counselor for the petitioner, and upon producing the return of proceedings and sale made by the said petitioner as herein before ordered, and the Court having examined the same and having been satisfied that said sale has in all respects been legally made, It is ordered that be and hereby is approved and confirmed, and that the said petitioner execute and deliver to said purchaser a deed in fee simple for the real estate so by him sold as aforesaid.