• "Alpha Forsyth vs. John M. Layson: Exhibit A, 22 November 1853".

• Category: Original

• Contributor: Marcia Cray, 22 Mar 2002

• Text: Alpha Forsyth vs. John M. Layson et al.
  Circuit Court of Adams County October Term 1853
  
  And now again come the said complainant and also comes the said defendant Nancy Owen by her Soliciters Browning and Bushnell, and file herin her demurrer to the said complainants bill which demurrer being duly considered by the court, the same is ? and said defendant not asking further time to plead or consider herein, and it further appearing to the court that the said defendants John M Layson, Sarah Pond, William Layson, Zedekiah M Layson, John Martin Layson, Robert Layson, Margaret Moore, James M Moore, America Moore, and James B. Moore, Have been duly Served by publication in a newspaper called the Quincy Whig published in Said county, for the length of time, and in the manner Required by law, and it also appearing to the court that the Said defendants Samuel Woods, Elisha Worrell and Mary E Wood have been duly Served with process in the manner Required by law and the said Eliza Mustain and Daniel C Mustain Susan Wood and Zachariah Wood, Mary J Owen and Archibald Owen, original complainants herein having been changed into defendants, herein the Court on their motion to have Said bill dismissed as to them, having directed at a former term that said complainant might make them defendants herein. Without Service of process they having appeared herein, which ammendment has been duly made, and all of Said defendants except Said Nancy Owen and Mary E Wood having failed to plead, answer except or demur to Said bills, and having been three times Solemnly called and coming not. It is therefore ordered by the court that said original and supplemental bills, and the matters and things therein contained, be and the hereby are taken as true, and confessed against defendants except Said Nancy Owen and Mary E Wood, and the Court having heretofor appointed Nehemiah Bushnell a Guardian ad liten? for Said Mary E Wood who as appears to the court is a minor and the Said guardian having filed his answer herein for said minor defendant And it further appearing to the court that all the lands described in Said bill and hereinafter described were patented by the Government of the United States to the Said Robert Layson described in Said Bill, and that the title therof has passed by descent from him to the complainants and defendants herein as tenants in common, The said Alpha Forsyth complainant herein and the Said Mary E Wood. Eliza Mustain Mary J Owen, being Seized as tenants in common on of one undived fifth of said lands and the Said John M Layson being seized of one undivided fifth of Said lands and the Sarah Pond being Seized of one undivided fifth of Said lands and the Said William Layson Zedekiah M Layson John Martin Layson Robert Layson Margaret Moore and America Moore are seized as tenants of one undivided fifth od Said lands And the said Nancy Owen being seized of one undivided fifth of said lands, and it further appearing to the court that the Said Alpha Forsyth and the said Nancy Owen by permission of the Said Robert Layson in his life time while he was the owner of Said lands entered upon and erected valuable improvements upon portions of Said lands and now occupy the portions thus improved Now therefore the court being fully advised in the premises doth order adjudge and decree that partition of said lands be made in the manner hereinafter directed, and for the purpose of making Said partition Barzilla Chatten Lewis McFarland and John Simpson who are not related to Either of the parties herein and are disinterested, are hereby appointed commissioners, and said commissioners befor making Said partition Shall take and oath before before the Clerk of this Court or Some Justice of the Peace, in the manner required by the Statute, and after taking Said oath Shall go upon Said lands and make partition of the same, by metes? and bounds as follows They shall divide Said lands into five Equal parts in Value without regared to the improvements made upon Said lands and Shall set off one of Said five parts to Said alph Forsyth, Mary E Wood, Eliza Mustain and, Mary J E Owen, and one of Said five parts, to Said John M Layson, and one to Said Sarah Pond, and one to the Said William Layson Zedekiah M Layson, John Martin Layson Robert Layson Margaret Moore and America Moore, and one to the Said Nancy Owen, and in making Said division into five parts, they Shall make the partition in Such a mode as to leave on one of the five parts all the improvements made by Said Alpha Forsyth and upon another of Said five parts all the improvements made by the Said Nancy Owen or his husband in his life time: and Shall Set off to the ? Said Nancy Owen the part having thereon Such improvement and which are not to be valued, And the Said commissioners after dividing Said lands into five parts as above directed Shall then proceed and out of the fifth part of all Said lands Set off to the Said Alpha Forsyth Mary E Wood, Eliza Mustain and Nancy J Owen they Shall Set off to Said Alpha Forsyth complainant herein on fourth part in value off the Said fifth part allotted to the four persons last above named Setting off Said fourth part in value without reference to the improvements upon Said land, and Said commissioners in allotting his said fourth part to Said Forsyth Shall allot and Set off to Said Forsyth that part of Said lands upon which it shall appear to Said commissioners he has Erected his dwelling house barn, granary, and other improvements, including the Orchard planted by him, and the land cultivated by him in meadow and fields so far as his share will cover them and the Said commissioners are hereby directed to make Said partition by mets and bounds and to Report there Said partition and a plat of the Same in writing under their hands and Seal to the next term of this Court to gether with the copy of the affidavit made by them before Entering upon their duties And it is further ordered that the Said plaintiff and defendants pay the costs of this Suit in proportion to their Respective interests in the said premises as ascertained by this decree this cause Stands continued. The following are the lands described in the Bill of complaint and Refered to in the ? foregoing decree to wit. Lands Situated in the county of Adams and State of illinois. The North East quarter of Sec Six in Township two (2) North and Range Six west containing 164 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 Section Seven in Same township and Range containing 80 Acres The East half of the North West quarter of Section Seven in Same township and Range containing 109 80/100 Acres The East half of the South East quarter of Section Seven in Same Township and Range containing 80 Acres all in the Said County of Adams, Also the following lands Situated in the County of Hancock and State of Illinois to wit the North west quarter of Section Thirty one in township Three North and Range Six west containing 160 Acres and the East half of the South west quarter of Section thirty in Township Three north Range Six west
  
  O. C. Skinner Judge
  
  State of Illinois Adams County ? I herby certify that the foregoing is a correct transcript of the original decree of partition in the above entitled cause. In testimony whereof I have hereunto set my hand and affixed the Seal of Said County at my office at Quincy, this 22nd day of November AD 1853 C. M. Woods, Clerk