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Petition by William H. Ward vs John Cochran

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Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Ward Cochran
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This page includes information related to the following profiles:

  • Heirs of Fanny (Rout) Anderson (see in bold, below)

Note: It is not known whether the information below came from a source that is under copyright, or if it is a write up of a court document. If you are able to determine whether this information (Starting in the section "March 12, 1851") is under copyright, or not, please send a pm to Susan Hughes.

Contents

Summary of Proceedings

  • Fanny Anderson, wife of John Anderson, died about the year [1838/1858?], leaving a husband (John Anderson) and a minor child, who soon after died.
  • Fanny's brother, Jefferson Rout, and her sister Matilda Ward, became her heirs at law.
  • John Anderson, the tenant for life died January 1849, but prior to his death, both Jefferson Rout and Mrs. Ward were dead,
  • Rout leaving two children, Mrs. Ward leaving eight.
  • This petition is filed by one of the heirs of Mrs. Ward, against the other heirs of Mrs. Ward, and the heirs of Rout - and against John Cochran who is the owner of 50 acres part of the 200 acres.
  • Petition is filed after the death of the tenant for life.

March 12, 1851

Page 383-389, William H. Ward vs John Cochran & others, March 12, 1851, page 383 March Term A.D. 1851
William H. Ward vs John Cochran & others In Partition The State of Ohio, Pickering County Pleas before his Honor Henry C. Whitman, President of the sixth Judicial Circuit of Ohio, John E. Vanmetio, W. W. Bierco and Jacob D. Lutz, Esqs. associate judges of the Court of Common Pleas, for said County, at the Court House, in the Town of Circleville, on the Twelfth day of March A.D. One thousand eight hundred and fifty one. Be it remembered that heretofore to wit, on the Twelfth day of May A.D. One thousand eight hundred and forty nine, said plaintiff by his attorney, filed in the clerks office of the court aforesaid his petition in the words and figures following to wit. Petition To the Honorable Court of Common Pleas within and for the County of Pickaway and the State of Ohio, William H. Ward of said county would respectfully represent, that has a legal right to and is seized in fee simple of one undivided eight part of three unidivided fourth parts of the following Real Estate in said County of Pickaway situate to wit. Two hundred acres of land in the East half of Section No. 7, Township No. 9, Range No. 21 M.S., being the same land of which William E. Rout was seized at the time of his death and which he devised to Matilda Ward and Fanny Anderson. Your petitioner is entitled to his said share as one of the children and heirs at law of the said Matilda Ward now deceased, and through her as one of the heirs at law of the said Fanny Anderson deceased. Fanny Ann Abbott wife of Henry Abbott, Jane Decker wife of Elias J. Decker, Sidner Ward, Matilda Ward, Mary Ward, Sarah Eve Ward, and Betsey Ward children & heirs of said Matilda Ward deceased are tenants in common with your petitioner being each entitled to one unidived eighth of three undivided fourths of said land. John Cochran is also a tenant in common with your petitioner being entitled to one undivided fourth part of said real estate by purchase from John Anderson to the the late husband of the said Fanny Anderson deceased. Your petitioner therefore makes defendants hereto, the said John Cochran, Henry Abbott and Fanny Ann his wife, Sidner Ward, Matilda Ward, Mary Ward, Sarah Eve Ward, Betsey Ward all of said County of Pickaway and Elias J. Decker and Jane his wife of Franklin County in said State, and prays that Guardians ad litem may be appointed for the said Matilda Ward, who is not of sound mind and Sarah Eve Ward and Betsey Ward who are minors and that upon the hearing hereof partition may be made of said premises or if the same cannot be done without manifest injury then that such other proceeding may be had as are authorized by law. C.A. Olds Attorney for Petitioner [page 384] March Term A.D. 1851 and afterwards to wit, on the Thirtieth day of July A.D. One thousand eight hundred and forty nine, said petitioner filed in the court aforesaid, proof of publication of notice, which said proof & notice are in the words and figures following to wit. Proof State of Ohio Pickering County, Court of Common Pleas July Term A.D. 1849. Personally appeared in open court A. M. McFarland printed in the office of the Circleville Herald, a paper published weekly in Circleville, Pickaway County Ohio, and of general circulation within the County of Pickaway aforesaid, who makes oath and says that the advertisement, a copy of which is appended hereto, was published in said Herald for the space of six consecutive weeks, after the 13th June A.D. 1849, and that the provisions of an act fixing the prices of printers for the insertion of legal advertisements has been fully complied with. A. M. McFarland sworn and subscribed before me, in open court, this 30th day of July A.D. 1849. S. A. Mmo Clerk NoticeIn Partition Wm. H. Ward vs John Cochran & others The defendants; John Cochran, Henry Abbott and Fanny Ann his wife, Sider Ward, Matilda Ward, Mary Ward, Sarah Eve Ward, and Betsey Ward, of Pickaway County Ohio, and Elias J. Decker and Jane, his wife of Franklin County, Ohio, will take notice that a peition has been filed against them by Wm. H. Ward, and is now pending in the Court of Common Pleas of said Pickaway County wherein said William H. Ward demands partition of the following real estate in said County situate to wit.Two hundred acres, part of the easy half of Section No. 7, township No. 9, Range No. 21, M.S. Being the same land which William E. Rout was seized at the time of his death and the same devised by him to Matilda Ward and Fanny Anderson. At the next term of said court application will be made for an order of partition of said premises. C. A. Olds for Petitioner Orderand afterwards to wit. at the July Term of the Court of Common Pleas aforesaid, in the year last aforesaid, to wit. on the 2nd day of August Leave is given to amend petition by adding new parties defendant amendment made and causeinued And afterwards to wit. on the Tenth day of September A.D. in the year last aforesaid, said petitioner filed his amended petition in the words and figures following to wit. Amended PetitionIn Partition William H. Ward vs John Cochran & others The said Petitioner now comes and leave thereto being first obtained of the court by way of amendment to his Petition would further represent, that he has been informed that the widow and heirs at law of Jefferson Rout deceased late of Washington [page] 385 inued in the District of Columbia, claim & pretend to have some interest in or title to some portion of the real estate in said petition described the precise nature and exent of which is to your peititioner unknown. The present name of said widow is represented to be Caroline Weber. The children and heirs at law of said Jefferson Rout deceased are represented to be Sophia M. Rout and Thomas Jefferson Rout both minors and residing with their mother in Washington City D.C. Your petitioner therefore prays that the said widow and heirs at law of said Jefferson Rout deceased may be made defendants to his said petition that they be duly notified of the pendency & prayer of said petition, that they may severally answer and set forth the nature & extent of their siad claim in and to the said real estate and that on final hearing hereof partition of said premises may be made according to the prayer of said original petition. B. C. A. Olds Hist??? inuedAnd afterwards to wit. at the November Term of the Clerk aforesaid in the year last aforesaidinuedinuedAnd afterards to wit. at the April Term of the Court aforesaid A.D. One thousandeight hundred and fiftyContinued And afterwards to wit. At the July Term of the Court aforesaid in the year last aforesaid to wit on the First day of July, In this cause on motion ordered that T. C. Ines Esqr. be and is hereby appointed guardian ad litem to the minor defendants herein, and thereupon the said Ines personally appeared in open court & accepted said appointment & filed his answers, and thereupon the complaintant made proof of publication to nm resident defendant herein which said answers, proof, & publication are in the words and figures following to wit. AnswerThe joint answer of Matilda Ward (of unsound mind), Sarah Eve Ward and Betsey Ward (minors) defendants to the petition of William H. Ward petitioner for partition by T. C. Ines Esqr. their guardian ad litem. And the said Matilda Ward, Sarah Eve Ward & Betsey Ward by their said guardian come and say that they are unadvised of their rights in the premises, are ignorant of the matter & things set forth in said petition and therefore pray the court to protect their interest in the premises. Matilda Ward Sarah Eve Ward Betsey Ward By T. C. Ines Their Guardian ad litem AnswerThe joint answers of Thomas Jefferson Rout and Sophia M. Rout to the Bill of William H. Ward complaintant, by T. C. Ines [name crossed out] their guardian ad litem. And the said Thomas Jefferson Rout and Sophia M. Rout by their guardian ad litem now come and for answer to said Bill say, that by their tender years they are ignorant of the matters in said Billained and pray the Court to protect their interest in the premises. Thomas J. Rout, Sophia M. Rout. [page 386] March Term A.D. 1851 By T. J. Ines Their guardian ad litem ProofState of Ohio, Pickaway County is Court of Common Pleas July Term A.D. 1850. Personally appeared in open court A. M. McFarland printer in the office of the Circleville Herald a paper of general circulation in said County who makes oath and says that the advertisement a copy of which is appended hereto, was published in said Herald for the space of six consecutive weeks after the 12th September A.D. 1849. A. M. MacFarland Sworn and subscribed before me, in open court this 1st day of July A.D. 1850 PublicationWm. H. Ward vs John Cochran & others In Partition The defendants Caroline Weber, Sophia M. Rout, Thomas Jefferson Rout all of Washington, D.C. will take notice that a petition has been filed against them and others by the said Wm. Ward and is now pending in the Court of Common Pleas of Pickaway County Ohio, wherein the said Ward demands partition of the following Real Estate in said County situate to wit. 200 acres, part of the east half of Section No. 7, Township No. 9, Range No. 21, M.S. being the same land of which William E. Rout was seized, at the time of his death and the same devised by him to Matilda Ward and Fanny Anderson. At the next term of said court application will be made for an order of partition of said premises. C. N. Olds for Petitioner And afterwards to wit. At the September Term of the Court aforesaid in the year last aforesaid, to wit On the Third day of October A.D. 1850. OrderThis cause came on to be heard upon the original & amended petition. The answer of the infant defendants and an agreed statement of facts relative to the title to said real estate in said petition described and was argued by counsel on consideration whereof the court do find, that the children and heirs at law of Matilda Ward deceased are entitled to the one half of the undivided three fourths of said real estate and that the children and heirs at law of the said Jefferson Rout deceased are entitled to the one half of the undivided three fourths of the same. It is therefore ordered that by the oaths of John Reber, John Decker & Harvey Long patition of said Real Estate be made in the following proportions to wit. to the said John Cochran one equal fourth part thereof, to the said Sophia M. Rout three equal sixteenth parts thereof, to the said Thomas Jefferson Rout three equal sixteenth parts thereof, to the petitioner William H. Ward the one equal sixteenth part of the three fourths thereof, to the said Fanny Ann Abbott the one equal sixteenth part of the three fourths thereof, to the said Jane Decker the one equal sixteenth part of the three fourths thereof, to the said Sidner Ward the one equal sixteenth part of the three fourths thereof, to the said Matilda Ward the one equal sixteenth part of three fourths thereof, to the said Mary Ward the one equal sixteenth part of three [page] 387 inued fourths thereof, to the said Sarah Eve Ward the one equal sixteenth part of the three fourths thereof, to the said Betsey Ward the one equal sixteenth part of the three fourths thereof. And it is further ordered that a writ of partition be issued to the acting Sheriff of said County of Pickaway commencing [hence?] that he cause partition to be made accordingly and that he make return of said writ and his proceedings under the same, to this court, at the present term thereof. And thereupon on the said Third day of October A.D. in the year last aforesaid our writ of partition issued herein, which said writ together with the Sheriff Return and Report of Commissioners therein endorsed are in the words and figures following to wit. WritThe State of Ohio, Pickaway County To the Sheriff of said County Greeting. We command you, that without delay by the oaths of John Reber, John Decker, and Henry Long you cause partition to be made of the following described Real State to wit. Two hundred acres in the east half of Section No. 7, Township No. 9, Range 21 M.S. among the following persons and in the following proportions to wit. To the said John Cochran one equal fourth part thereof, to the said Sophia M. Rout three equal sixteenth parts thereof, to the said Thomas Jefferson Rout three equal sixteenth parts thereof, to the petitioner William H. Ward the one equal sixteenth part of the three fourths thereof, to the said Fanny Ann Abbott the one equal sixteenth part of the three fourths thereof, to the said Jane Decker the one equal sixteenth part of the three fourths thereof, to the said Sidner Ward the one equal sixteenth part of the three fourths thereof, to the said Matilda Ward the one equal sixteenth part of three fourths thereof, to the said Mary Ward the one equal sixteenth part of three fourths thereof, to the said Sarah Eve Ward the one equal sixteenth part of the three fourths thereof, to the said Betsey Ward the one equal sixteenth part of the three fourths thereof, in pursuance of an order lately made in our said Court of Common Pleas, within and for said County of Pickaway in a certain petition for partition wherein William H. Ward is petitioner and John Cochran & others are defendants and that your proceedings in the premises you distinctly certify under your hand to our Court of Common Pleas within and for said County of Pickaway together with this writ. Witness S. A. Mine Clerk of our said Court of Common Pleas this 3rd day of October A.D. 1850 Seal S. A. Mine clerk by W.C. Taylor Jr. D.C. Sheriffs ReturnOctober 11, 1850 I have executed this writ by the oath of the within named Commissioner, whose report is herewith returned. J. Boyer [coroner?] & acting Sheriff of Pickering County fees $1.60 ReportWe the undersigned after being duly qualified according to law, proceeded to examine the premises within described and found they would not bear dividing so as to do justice. We therefore have valued the land at twenty two dollars per acre. Given under [page 388] March Term A.D. 1851 our hands this 10th day of October 1850 John Reber Harvey Long John Decker And afterwards to wit. at the September Term of the Court aforesaid in the year last aforesaid. to wit. At the Twelfth day of October A.D. 1850. OrderOn motion to the court by counsel for petitioner and upon producing the proceeding of the Sheriff and the report and proceeding of the Commissioners hereinbefore appointed & the same being examined, it is ordered that said proceedings and said report be and the same are hereby approved and confirmed and thereupon neither of the parties electing to take said estate at the valuation thereof as returned by said commissioners. On motion of the petitioners, it is ordered that said estate be sold at public auction by the Sheriff of said County of Pickaway according to the statute in such cases made and provided and upon the following terms to wit. One third cash in hand, one third in one year & one third in two years with interest fron the day of sale and that said Sheriff return his proceedings under this order to this Court at its next Term. And Afterwards to wit. On the Twenty second day of October in the year last aforesaid, our order of sale issued herein, which said writ together with the Sheriffs return thereon are in the words and figures following to wit. Order of SaleThe State of Ohio, Pickaway County To the Sheriff of said County Greeting. In pursuance of an order of our Court of Common Pleas within and for the County of Pickaway at the September Term thereof A.D. 1850, in a certain petition for partition now pending in said court wherein William H. Ward is petitioner and John Cochran and others are defendants, we command you, without delay you proceed to sell, at public auction, the land and tenements in the said petition described to wit. Two hundred acres of land in the east half of Section No. 7, Township No. 9, Range No. 21 M.S. being the same land of which William E. Rout was seized at the time of his death and upon the following terms to wit. One third cash in hand, one third in one year, and one third in two years with interest on the deferred payments from the date of sale. And that your proceedings in the premises you make known to our said Court of Common Pleas at their next term and hand them there this writ. Witness S. A. Mine Clerk of said Court at Circleville This 22nd day of October A.D. 1850 Seal S. A. Mine. clk. Sheriff ReturnIn obedience to the command of the within order of sale to me directed I proceeded on Monday the 25th of October A.D. 1850, between the hours of 10 O'clock A.M. and 4 O'clock of said day, at the door of the Court House in said County to offer the Real Estate herein described for sale at public auction to the highest bidder, after having given more than thirty days notice of the time & place of such sale by advertisement in the Circleville Herald, immediately preceeding the time of said sale, said Circleville Herald being a newspaper published [page] 389 inued in said County & of general circulation therein, and then & there openly struck off and sold said Real Estate to John Cochran for the sum of Nineteen dollars & twelve & one half cents per acre, that sum being more than two thirds of the appraised value of said Real Estate and he being the highest and best bidder therefore. March 10, 1851 J. Boyer Sheriff fees $32.77 And now at this day to wit. at a Court of Common Pleas aforesaid for the County aforesaid, before the Judges aforesaid and at the time and place first herein before mentioned "On motion to the Court in this case by counsel for Petitioner and upon producing the proceedings of the Sheriff and the sale by him made in pursuance of a former order herein and the court having carefully examined the same. It is now ordered that said proceedings & sale be and the same are hereby approved Confirmation and confirmed, and that the said Sheriff execute & deliver to the said purchaser John Cochran a deed in fee simple for said Real Estate on receiving payment of the purchase money or taking sufficient security therefore and it is further ordered that out of said purchase money the said Sheriff pay the costs and expenses of this suit including an attorneys fee of [blank space] accounting in all to [blank space] dollars and that he distribute the residue thereof between the said parties in the following proportions to wit. To the said John Cochran one fourthpart thereof, to the two children of Jefferson Rout deceased one half of the remaining three fourths, and to the children of Matilda Ward deceased the other half of said three fourths.

May 12, 1849

24, Records pertaining to case file: William H. Ward vs. John Cochran & others, May 12, 1849 Note: This page (and 11 others) were mailed from the Pickaway County Historical Society, Circleville, Ohio on Nov. 20, 2012. This page was the last in the group. It identifies the sibling relationship between Fanny Anderson (nee. Rout) Jefferson Rout, and Matilda Ward (nee. Rout). Wm H. Ward vs John Cochran Partition Fanny Anderson, wife of John Anderson, died about the year [1858?1838?], leaving a husband (John Anderson) and a minor child, who soon after died. Fanny Anderson, at the time of her death was seized of 150 acres, part of the 200 acres in the petition named, and her husband, John Anderson, became tenant for life, by courtesy. By the death of Fanny Anderson's child, her brother, Jefferson Rout, and her sister Matilda Ward, became her heirs at law. John Anderson, the tenant for life died January 1849, but prior to his death, both Jef. Rout and Mrs. Ward were dead, Rout leaving two children, Mrs. Ward leaving eight. This petition is filed by one of the heirs of Mrs. Ward, against the other heirs of Mrs. Ward, and the heirs of Rout - and against John Cochran who is the owner of 50 acres part of the 200 acres. Petition is filed after the death of the tenant for life.

Vol. 3, pp. 383-389

Note: This abstract was taken from an archive of a post online: Pickaway Co., Ohio Partition Records Abstracts Partition Records of Common Pleas Court Terms
October Term 1836 To June Term 1873
Volumes 1 thru 6
By Dan R. Hearl August 1996
Printed by:Fitzpatrick's Printery, Inc. - 1996
Published by:Pickaway County Historical Society, A Chapter of Ohio Genealogical Society
March Term 1851 Page 51, Paragraph 289
Petition for partition Vol Three, pages 383 - 389 William H. Ward vs John Cochran and Others
On May 12, 1849, a petition was filed by William H. Ward stating that he has the legal right to one undivided eighth part of three undivided three parts of 200 acres of land which William E. Rout owned at the time of his death and devised to Matilda Ward and Fanny Anderson. William H. Ward states that he is one of the children and heirs of Matilda Ward no deceased and through her as one of the heirs of Fanny Anderson dec'd. Fanny Ann Abbott wife of Henry Abbott, Jane Decker wife of Elias J. Decker of Franklin Co., Sidner Ward, Matilda Ward, Mary Ward, Sarah Eve Ward, and Betsey Ward children of Matilda Ward Dec'd. John Cochran is also a tenant in common by purchase from John Andersen the husband of Fanny Anderson dec'd. Matilda Ward is not of sound mind and Sarah Eve Ward and Betsey Ward are minors. The petition was amended stating the widow and heirs of Jefferson Rout dec'd, late of Washington D.C., claim to have some interest in a portion of the real estate. The present name of the said widow is Caroline Weber and the children of Jefferson Rout are Sophia M. Rout and Thomas Jefferson Rout both minors living with their mother in Washington D.C.. Two inuances. John Cochran was given 1/4 part, (Others also received shares). The land was ordered to be sold. On November 25, 1850 it was sold to John Cochran for .125 per acre.


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