• "Alpha Forsyth vs. John M. Layson Complaint, 2 June 1852".

• Category: Original

• Contributor: Marcia Cray, 22 Mar 2002

• Text: State of Illinois
  County of Adams In the Adams Circuit Court
  October Term 1852 In Chancey
  
  To the Honorable O. C. Skinner, Judge of the Circuit Court, in and for the County of Adams and State of Illinois.
  
  Humbly complaining, show unto your Honor your orators and oratrixes Alpha Forsyth, Eliza Mustain, and Daniel C. Mustain her husband, Susan Wood and Zacharia Wood, her husband, Mary J. Owen and Archibald Owen, her husband, all of said County of Adams & State of Illinois that heretofore, to wit, on or about the 14th day of March A. D. 1850 one Robert Layson departed this life in the State of Louisiana, dying intestate, and leaving as his sole heirs at law 1. John M. Layson of the State of Indiana, his brother; 2nd Sarah Pond of the State of Missouri his widowed sister; 3rd William Layson; Zedekiah M. Layson, John Martin Layson, Robert Layson, Margaret Moore, wife of James M. Moore, America Moore, wife of James B. Moore, all of the State of Kentucky, children and sole heirs at law of Isaac Layson, desceased, who was the brother of said Robert Layson deceased; 4th Nancy Owen, of the County of Hancock & State of Illinois, sister of the said Robert Layson, deceased; 5th your orators and oratrixes, Alpha Forsyth, Eliza Mustain, wife of the said Daniel C. Mustain, Susan Wood, wife of the said Zacharia Wood, Mary J. Owen, wife of the said Archibald Owen, the children and sole heirs at law of Margaret Forsyth deceased, who was the sister of the said Robert Layson, deceased; 6th Margaret Layson, Mother of the said Robert Layson, deceased.
  
  Your orators and oratrixes, further show that since the decease of the said Robert Layson, his mother, the said Margaret Layson, has departed this life, dying on or about the 6th day of March 1852, having first duly made and executed her last will and testament by which she devised her estate and interest as an heir of the said Robert Layson deceased, in the lands herein after described, to her co-heirs above set forth, so that by virtue of said will her interest is said lands is now vested jointly, one fifth in the said John M. Layson, one fifth in the said Sarah Pond, one fifth in the said children and heirs of Isaac Layson deceased, one fifth in the said Nancy Owen, and one fifth in your orator and oratrixes as the children and heirs of the said Margaret Layson deceased, and all the lands herein after described, of which the said Robert Layson died seized, are now held and owned, by the person last above named, as tenants in common and co-heirs of the said Robert Layson deceased, in the same way and manner in which said lands would have been held, if the said Margaret Layson had not survived the said Robert Layson deceased.
  
  Your orator and oratrixes further shows that the said Margaret Layson, left as executors of her last will and testemant Samuel Woods of Adams County and Elisha Worrell of Hancock County in the State of Illinois.
  
  Your orator and oratrixes further show that the said Robert Layson died seized in fee simple of the following lands situated in the Counties of Adams & Hancock and State of Illinois: to wit,
  
  The North East Quarter of Sect. Six, in Township Two (2) North and Range Six West, containing 144 acres.
  The North West Quarter of Section Three, in same Township and Range, containing 171 60/100 acres.
  The West Half of the North East Quarter of Sect. Seven in same Township and Range, containing 80 acres.
  The East Half of the North West Quarter of Sect. Seven, in same Township and Range, containing 109 80/100 acres.
  The East Half of the South East Quarter of Sect. Seven, in same Township and Range, containing 80 acres: all the above tracts being situated in the same County of Adams & State of Illinois:
  also the following lands situate in the County of Hancock and State of Illinois:
  The North West Quarter of Sect. Thirty One, in Township Three North, and Range Six (6) West, containing 140 acres, and The East Half of the South West Quarter of Section Thirty, in Township Three North, Range Six West.
  
  Your orators and oratrixes further show that by the death of the said Robert Layson, and by the death and will of the said Margaret Layson, all said lands are now held by the following persons, as tenants in common, and in the following proportions:
  
  1. Your orators and oratrixes, Alpha Forsyth, Susan Wood, wife of Zacharia Wood, Eliza Mustain, wife of Daniel C. Mustain, and Mary J. Owen, wife of Archibald Owen, are seized as the heirs of Margaret Forsyth of one undivided fifth of all said lands above described, as tenants in common of said undivided fifth.
  2. The said John M. Layson is siezed of one undivided fifth of all said lands.
  3. The said Sarah Pond is siezed of one undivided fifth of all said lands:
  4. The said William Layson, Zedekiah M. Layson, John Martin Layson, Robert Layson, Margaret Moore, wife of James M. Moore, and America Moore, wife of James B. Moore are siezed of one undivided fifth of all said land as tenants in common of said undivided fifth
  5. The said Nancy Owen is siezed of one undivided fifth of all said lands:
  
  Your orators and oratrixes further show that many years since and long before the death of the said Robert Layson, he the said Robert Layson, gave your orator the said Alpha Forsyth permission to enter upon, take possession of and improve the said North East Quarter of Section Six, in Township Two North, Range Six West above described and promised to give to your orator the said Alpha Forsyth, one half of said quarter section of land at his death, and that in pursuance of said permission, your said orator Alpha Forsyth, took possession of said land, and improved the same by erecting a house and farm, and other valuable improvments, therein, worth the sum of eight hundred dollars, the cheif part of said improvements being on the North Half of said quarter, and has ever since he so took possession, paid all the taxes on said land, and is now in peaceable posesion of the same, and cultivating the same.
  
  Your orator further shows that the said Nancy Owen has also taken possession of and made valuable improvements upon said lands situate in the County of Hancock as above described, though under what circumstances said improvements were made your orators are not advised.
  
  Your orators and oratrixes further show that all said lands were entered at the Government Land Office by the said Robert Layson deceased, Except the N.E.4 - 2N. - 6W. which was entered by William Crawford and duly conveyed by him to said Robert Layson, but the patents therefore are not in the possession of your orator and oratrixes and cannot be filed by them as Exhibits herewith.
  
  In tender considerations of the promises, and as your orators are without relief in a court of law, your orators and oratrixes pray that the said John M. Layson, Sarah Pond, William Layson, Zedekiah M. Layson, John Martin Layson, Robert Layson, Margaret Moore and James M. Moore her husband, and America Moore and James B. Moore her husband, Nancy Owen, and Samuel Woods and Elisha Worrell (the two latter are executors of Margaret Layson decd.) be made parties dependant to this bill, and that a summons issue against them, and that on a hearing of this case your Honor will decree that three fit persons be appointed commissioners to go upon said lands and make partition of the same among the persons entitled thereat as above set forth, either dividing said lands into five equal parts among the persons entitled thereat respectively as above set forth, or dividing the same among all the individuals entitled to an intrest therein as above set forth according to the share of each individual as your Honor shall think proper.
  
  Your orators and oratrixes further pray that your Honor will direct said commissioners to allot to your orator Alpha Forsyth, the said North East Quarter of Sect. Six in Township Two North, Range Six West, or so much thereof as he may be entitled to including the part in which your said orator has made said improvements and that said commissioners be further directed and to take into consideration as a part of said land, the improvements made therein of your said orator, but to allot said land to your said orator, and to take said land into the general partition without reference to the value of the improvements, but to treat said improvements as the property of your said orator; and also that your Honor will grant unto your orators and oratrixes such [?] and further relief as the nature of the case may require [?] equity shall seem [?].
  And your orators will [?] pray [?].
  
  William Gamence[?] Alpha Forsyth
  [?] for [?]
  
  Alpha Forsyth being duly sworn says that the above bill [?] petition and the statements contained therein are true.
  Alpha Forsyth
  Subscribed and sworn to
  before me this 2nd day of
  June A D 1852
  Peter Lott Clerk
  By C. M. Moore Deputy
  
  [Margin]
  And now at this April Term A. D. 1853 of said court according to the leave heretofore given said complaint amends his said bill herein by making Eliza Mustain and Daniel C. Mustain he husband, Susan Wood and Zachariah Wood her husband, and Mary J. Owen and Archibald Owen her husband defendants herein and prays that they be required to answer herein, according to the leave of the court given to make said persons defendants instead of complaintants, as they now are.
  + and then out[?] dividing the one fifth part belonging to the heirs of said Margaret Forsyth among said heirs.
  Alpha Forsyth
  Eliza Mustain, and
  Daniel C. Mustain her
  husband, Susan Wood and
  Zachariah Wood her husband
  Mary J. Owen & Archibald
  Owen her husband.
  vs.
  In Chancy
  John M. Layson, Sarah Pond,
  William Layson, Zedekiah
  M. Layson, John Martin Layson,
  Robert Layson, Margaret Moore
  James M. Moore her husband,
  America Moore and James B. Moore
  her husband, Nancy Owen, and also
  Samuel Woods, and Elisha Worrell, the
  two latter as executors of Margaret Layson decd.