GORDON PARTITION
The State of Ohio
Fairfield County Ls
Coonrod Plotner and Wife
Plff Petition for Partition
vs Pleas before the
Samuel Gordon Hon'l T Gsurike and
Defendant his associate Judges of the
Court of Common Pleas holden at the Court house in Lancaster in said County.
Be it remembered that heretofore towit on the 9th day of June A.D. 1830 the Plff aforesaid by Irvin and Stansberry their Attornies filed their petition in the words and figures following Viz To the Hon'l the Judges of the Court of Common Pleas in and for the County of Fairfield Ohio The Petition of Conrad Plotner and Catherine his wife of said County respectfully represent to the Court that heretofore towit on the first day of July 1812 he and one Samuel Gordon by deed in fee simple became the owners and possessed in fee simple 50 Acres off the North end of the South East Quarter of Lot or Section No 10 Township No 14 in Range 20 of the Lands in the Chillicothe land District and situated in said County of Fairfield That the said Samuel Gordon has since deceased leaving John Gordon, Samuel Gordon Catherine Plotner (formerly Gordon) and now the wife of your Petitioner Conrad Plotner his children and Heirs at Law. That the said John Gordon is also Deceased leaving but one child Saml Gordon who has conveyed all his interest in said 50 Acres to your Petitioner That the said Samuel Gordon Son of Samuel Gordon the Elder is now absent from this State in parts unknown to your Petitioners They pray that he may be made Defendant to this Petition that process issue &e and that Partition of said tract of Land be made between your Petitioners and the Said Samuel Gordon according to the Statute &e
Irvin and Stansberry
Attos for Petitioners
Whereupon at the July Term of the Court aforesaid in 1830 held as aforesaid came the said Petitioners and the Court here being satisfied that due notice of the pendency of the Petition had been made according to law and being satisfied that all things set forth in said Petition are true do decree that Partition of these said undivided interests be made between the parties in the said tract of land and the Court do appoint John Chaney Peter Betzer and John Feller 3 judicious and disinterested freeholders of the vicinity to make said Partition of of the aforesaid undivided interests and if in the opinion of said persons the same cannot be made without prejudice to the whole 50 Acres they are then directed to make a just appraisement of the value of the same and return it to this Court and the Clerk of this Court is hereby required to issue a writ of Partition under this order to the Sheriff of this County and this case is continued untill the report of said persons shall come in
Whereupon the following writ issued out of the Clerks office of said Court towit The State of Ohio Fairfield County LS
To the Sheriff of said County Greeting:
Whereas Conrad Plotner this day filed his Petition praying Partition of 50 Acres of land in the North end of the SE Quarter of Section No 10 Town 14 Range 20 in said County between him and Saml Gordon one of the Heirs at Law of Samuel Gordon Sr Dec so that Petitioner may have and hold five sixths parts and the said Saml one 6th part (inserted - of said tract) in severalty You are therefore commanded that taking with you John Chaney Peter Betzer and John Fetters lawful men of your Bailiwick to whom the premises are the better known and no ways of kin to the parties you enter into the land and tenements aforesaid in the presence of the parties if they will be present and cause Partition to be made of the lands aforesaid in manner as be forestated under or by the oaths or affirmation of the men aforesaid so that neither of the parties shall have no more of the same than what to him justly belongs having due regard to the quantity and quality of the same. If the same will not so divide without materially infirming the whole then and in that case you cause the said land to be appraised by the men aforesaid And the Partition or appraisement you shall so make under your hand and seal and the hands and seals of the men aforesaid have before this Court at the present Term Witness the Hon T Gnirke President of our said Court at Lancaster in said County this 28th day of July 1830
Seal Hugh Boyle Clk
on which said Sheriff endorsed
By virtue of the within writ of Partition I caused the within named inquest to go on the premises within named who after being duly sworn as the law directs by Elijah Spurgeon Esq a Justice of the Peace for this County made their report to me in writing and under their hands and seals which is hereto attached by which report Partition could not be made of said lands but the same was appraised subject to the Dower of the Widow of Saml Gorden
Seus this 30th July 1830 Geo D Sites Sheriff of F County
In abidings to the command of a writ of Partition issued by the Court of Common Pleas in and for the County of Fairfield at their July Term 1830 towit on the 28th day of said month Commanding that Partition be made of 50 acres of land of the North End of the SE Quarter of Section No 10 in Township No 14 and Range No 20 in said County between Conrod Plotner and Saml Gordon one of the Heirs at Law of Saml Gorden Sr so that the said Conrad Plotner may have and hold five sixth parts and the said Samuel one 6th part of said tract in severalty. We the undersigned named in said said writ of Partition have this day after being duly sworn entered into and upon said premises and after a carefull examination of the same are of opinion that the said premises cannot be so divided according to the command of said writ without materially infirming and lessening the whole We have therefore appraised the same at Six dollars per acre Subject to the Widows Dower in the same which at her request we have not set off and assigned to her. In testimony whereof we have hereunto set our hands and seals this 30th say of July AD 1830
John Chaney seal
Peter Bitzer seal
John Fetters seal
And afterwards towit at the July Term 1830 The Sheriff returned to Court his report and the report of the men by whom he was commanded to make Partition as above by which it appears and is shewn to the Court that the same would not divide without impairing and lessening the value of the whole and that they appraised the same at $6. per acre subject to the Widows Dower (Not set off at her request) and the said Petitioner having elected to take the premises at the appraised, appraised value thereof Therefore it is ordered by the Court that said Sheriff convey the Lands aforesaid to the said Conrad by a good deed of conveyance in fee simple with such a clause and covenant therein as will preserve and give to Saml Gordon one of the Heirs of Saml Gordon Senr Decd a Heir for his right and claim to the share of the price of said land that to him properly belong.