p.248

ORDER BOOK Tuesday the 27" day of November A D 1877 PARTITION RECORD, ORANGE CIRCUIT COURT, Eight DAY November TERM, 1877

Harrison Morgan Admr
Est of Isaac Breeden Decd
635 ~~~ vs } In Partition

Sarah Breeden
James Breeden
Celinda Wininger
Wm Breeden
Tolbert Breeden
Isaac N Breeden
U.S. Grant Breeden
Madora Breeden
Cordelia Ann Wilhelm

Comes now the parties by William H. Martin Esq their attorney and Shows to the Court by the return of the Sheriff of Orange County Indiana that the Defendants James Breeden Celinda Wininger Tolbert Breeden Isaac N Breeden US Grant Breeden Medora Breeden Cordelia A Wilhelm were each duly notified of the pendency of this action at least ten days before the first day of this term and Sarah Breeden James S Breeden Celinda Wininger and Cordelia A Wilhelm being now by the order of the Court three times called comes not but makes default and it appearing to the Satisfaction of the Court that the Said Tolbert Breeden Isaac N Breeden U S Grant Breeden and Medora Breeden are minors under the age of twenty one years and Joseph P. Throop being now by the Court appointed Guardian in Ad Litem and said guardian Ad Litem files his answer herein and this Cause being Submitted to the Court for trial and the Court being Sufficiently advised that the Said Isaac Breeden Decd left as his widow Said Sarah Breeden and that Said decedent owned at the time of his death the real Estate mentioned In the Complaint and described as follows to-wit East half of the north west quarter of Section Twenty (20) Town one (1) north range two (2) west & the west half of the north east quarter of Section twenty (20) town two (2) North range two (2) west and that the defendant Sarah Breeden is Entitled to one third in Value of Said real Estate that the Partition of Said real Estate has ever been made

P. 249 among Said parties and that partition thereof ought to be made it is therefore ordered considered adjudged and decreed by the court that Partition of Said real Estate be made by William M Hoggatt Thomas J Cave and William Scarlett who are disinterested freeholders of the neighborhood where Said real Estate is Situated and not of kin to any of the partaies of this action and who are now appointed by the Court Commissioners for that purpose and ordered by the Court to Set apart and assign to Said Sarah Breeden widow of Said Isaac Breeden decd one third part in value of Said real Estate described as follows to-wit

The East half of the north west quarter of Section Twenty (20) and township 1 north range two (2) west and the west half of the north east quarter of Section Twenty (20) town 2 west range two west and report their proceedings to this Court at its next term until which time this cause is now continued Order 15 Jan 1878

It is therefore considered by the Court that it do adjourn until tomorrow morning 8 1/2 o clock A M November 28" 1877

INDIANA, CIRCUIT COURT (ORANGE COUNTY) Partition records, 1853-1918 v.1 p. 227 6-15-1877

Harrison Morgan Admr
of the Estate of Isaac Breeden
635~~vs.} In Partition
Sarah Breeden

Comes now the parties by their attorneys and on their motion this cause is until next term of this court continued

p. 17 Saturday the 23rd of March AD 1878

ORDER BOOK PARTITION, ORANGE CIRCUIT COURT, Sixth DAY, March TERM

Harrison Morgan Admr
of Estate of Isaac Breeden Decd
635 ~~ vs } In Partition
Sarah Breeden et al

Comes now the plaintiff by William M. Martin Esq his attorney and comes also William M. Hoggatt Thomas J. Cave and William Scarlett the Commissioners heretofore appointed and qualified to make partition of the real Estate in said order of Partition mentioned in open Court present acknowledge and file their report of partition herein which report reads in the words and figures following to-wit

The State of Indiana County of Orange
Orange Circuit Court
March term 1878

Harrison Morgan Admr
of Breeden
vs } Report In Partition
Sarah Breeden et al

The undersigned William M Hoggatt Thomas J Cave and William Scarlett Commissioners appointed to make partition between said Harrison Morgan as Administrator of Isaac Breeden and Sarah Breeden as widow of said Isaac Breeden Deceased and respectfully report that they have carefully examined the Said Lands they have partitioned and Set off to Said Sarah Breeden as one third In value of Said lands the following described real estate to wit

The Southwest quarter of the North East quarter of Section Twenty (20) Township one (1) north range two (2) west and a part of the Southeast quarter of the North west quarter of Section Twenty (20) Town one (1) north range two (2) west described as follows Commencing at the South east

p. 18 corner of Said South East quarter of the northwest quarter of Section Twenty (20) Town one (1) North Range two (2) west running thence west twenty (20) rods thence South to place of Beginning Containing in all Fifty acres More or less Setting off to Said Sarah Breeden in fee Simple Said lands as and for her own third in value of the real Estate of Said Isaac Breeden deceased

Subscribed and Sworn to before me this 22nd day of March 1878

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State of Indiana
Orange County SS

Personally came William M Hoggatt Thomas J Cave and William Scarlett Commissioners herein and In open Court Sign and acknowledge this their report of partition witness my hand and the Seal of Said Court at Paoli this 22nd day of March 1878

And Said report is now here in all things by the Court fully approved and confirmed and Said Commissioners are now discharged from further duty and liability in the premises

It is therefore Considered adjudged and decreed by the Court that this partition so made and reported and the Same is hereby declared to be the partition of Said Real Estate and that the Said Sarah Breeden to have and hold the Real Estate So Set apart to her in Severaly in fee Simple free from all claims of Said parties herein forever and it is now ordered by the Court that the Said William M Hoggatt Thomas J Cave and William Scarlett be allowed for their Services herein the sum of $4.00 each and it is now ordered by the Court that the Parties to this action pay the costs therein according to their Interests and this cause is now by order of the Court ended.

It is therefore considered by the Court that it do adjourn until Monday morning 8" oclock A.M. March 29" 1878

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State of Indiana } SS

p. 96
Orange County }

Personally came William M Hoggatt Thomas J Cave and William Scarlett Commissioners herein and in open Court Signed and acknowledged this their report of Partition Witness my hand and the Seal of said Court at Paoli this 22nd day of March 1878

And Said Report is now herein all things by the Court fully Approved and Conjoined and said Commissioners are now discharged from further duty of liability in the premises. It is therefore considered adjudged and deemed by the Court that the partition so made and reported Be and the same is hereby declared to be the partition of said Real Estate and that the said Sarah Breeden do have and hold the Real Estate so set apart to her in Severally In fee simple free from all claims of said other parties herein forever and it is now ordered by the Court that the said William M Hoggatt Thomas J Cave and William Scarlett be Allowed for their services herein the sum of $4.00 each and it is now Ordered by the Court that the parties to this action pay the costs herein according to their Interests and this, And this cause is now by Order of the Court ended

State of Indiana
Orange County, SS

I John R. Simpson Clerk of the Orange Circuit Court Certify that the foregoing is a true and complete Transcript of the precedings had in the above entities cause as the same appears of Record in Order Book Partition No. 2 pages 17, 18. Now in the offices of said Clerk. In witness whereof I have hereunto set my hand and the seal of said Court at Paoli this 27" Feb. 1879. John R. Simpson, Clerk Orange Circuit Court

Filed for record at 9 Oclock AM March 1st 1879
Recorded 11 Oclock AM March 4 1879