Have you ever found a document that identifies children along with several of the grandchildren? That’s what I found in a court record where Jeremiah Foster sues for partition of the estate of George Johnston on behalf of his children. This partition identifies the following family members:
George Johnston – wife Nancy
- Mary Johnston, wife of Jonathan Dresbach
- Jesse Johnston
- Elizabeth Johnston, wife of Jeremiah B. Foster
- James Johnston
- William Johnston
- Ephraim Johnston
- Wilson Johnston
- Joseph Johnston
- Rachel Johnston Jeffries and Elias Jeffries – names her son Hiram A Jeffries
- George Johnston – grandson
Jeremiah B. Foster children
- Richard Foster
- George J. Foster
- Ruema Foster
- Henry Foster
- Wesley Foster
- Hester Ann Foster
- Josiah J Foster
This lengthy document is found in Ross County Ohio court records.
page 516 (image 291 of 630)
March Term AD 1852
Richard Foster
et al &
vs
James Davis Senr
et al
Pleas held at the Court House in the City
of Chillicothe , for the County of Ross and
State of Ohio , before the Honorable James
L Bates Judge of the Court of Common
Pleas for said County , on Tuesday March 16th
Sixteenth , in the year of our Lord one thou
sand eight hundred and fifty two .
Be it Remembered that on the 24th day of October A.D. 1851 Richard Fos
ter et al & by their attorney filed in the clerks office of said Court their
certain petition , which reads in the words and figures following , to wit :
” To the Court of Common Pleas of the County of Ross and State of Ohio ,
Your Petitioners Richard Foster , George J. Foster Ruema Foster ,
Henry Foster , Wesley Foster , Hester Ann Foster and Josiah J. Foster ,
all of the County of Warren and State of Indiana by their guardian
Jeremiah B. Foster , respectfully represents that on or about the
day of _ A.D. one George Johnston , of the said County of
Ross and State of Ohio , died seized and possessed of an estate in fee
Simple in fee simple , in the following land and tenements situate
in said County of Ross and State of Ohio and bounded and described
as follows , to wit ; First a certain tract or parcel of land situate in
said County of Ross and bounded and described as follows : Begin
ning at a stake on the West bank of the Scioto River from which a
Sycamore 36 inches in diameter bears N 58 degrees E 28 links , and another Syc
amore 34 inches in diameter bears S. 44 degrees W. 127 links being the upper cor
ner on the river of Survey No 488 – thence North 54 ° 13 ‘ West 932 poles
to three white oaks and a hickory on a ridge , thence South 33 ° West 46
poles to a hickory , a small oak and a dead oak , thence South 46 degrees 6’ East
965 poles to a stake on the Scioto River near a large Sycamore and a black
Walnut Stump ; thence up the river with its meanders and bounding there
on North 36 ° East 59 3/4 poles , North 32 degrees East 75 poles , North 18 East 50 poles
to the beginning containing Seven hundred and thirty one andpage 517
March Term A.D. 1852 .one half acres be the same more or less , and being part of said survey No. 488 .
Also one other tract situate in said County of Ross and bounded and described
as follows , to wit ; Beginning at a Stake on the bank of the Scioto River from
which two elms marked as a corner bear S. 44 degrees E. 2 poles , upper corner on the
river to a lot of land set off to Thomas Johnston in certain proceedings by
partition had in Ross Common Pleas among the heirs of John Johnston deceas
ed ; thence with the lines of said Thomas Johnston ‘s lot North 44 degrees West 531 poles
to a stake on a high bank , thence North 44 ° East , 8 poles to a stake on a high
bank aforesaid corner to said lot – thence North 43 ° W. 453 poles crossing a
branch at 71 poles , a road at 110 poles , a large branch at 190 poles , and one at
310 poles to a white oak and small black oak corner to said lot ; thence
North 33 degrees East 15 poles to a small white oak and hickory lower back corner
to George Johnston ‘s land ; thence with his line South 46 ° East 62 poles to a
large Sycamore on the bank of the river lower corner on the river to John
Ston ‘s said land ; thence down the river S 28 ° West 63 poles to the beginning .
containing Two hundred & forty seven acres , more or less and being the same
tract of land sold and conveyed by Nancy Chenowith to said George Johnston
by deed dated the 8th day of October A.D. 1838
Also one other tract of land situate in said County of Ross and bounded
and described as follows , to wit ; Beginning at a stake on the bank of
the Scioto River upper corner , thence to the lot set off to Jemima John
ston , and from which a burr oak bears S. 38 degrees W. 2 1/2 poles and a Mulberry bears
S. 44 degrees E 2 1/2 poles , thence North 42 ° West 539 poles to a Sugar tree from which
a brick dwelling house bears S. 75 ° E. 6 poles and eight feet corner to said
bot ; thence North 44 ° East 5 1/3 poles to a stake corner to said lot ; thence North
39 degrees 30 ‘ West 433 poles , crossing a branch at 81 poles , a road at 110 poles , a large
branch at 208 poles and one at 312 poles to two hickories and a white oaks
thence North 30 ° West 20 poles to three white oaks , two of them dead ) and a
dogwood lower back corner to pickering and Hodgin ‘s Survey No 488 ;
thence North 33 degrees East 12 poles to a white oak and small black oak , thence
South 43 degrees East 453 poles crossing a branch at 140 poles , a large branch at
260 poles , a road at 340 poles and a branch at 380 poles to a stake on a high
bank above the bottom land ; thence South 44 ° West 8 poles to a stake on said
bank – thence S. 44 ° East 531 poles to a stake on the bank of the river from
which two elms marked as corners bear S. 44 degrees East 2 poles ; thence down
said river South 28 ° West 12 poles , thence South 31 ° West 38 poles : thence South
44 ° West 10 poles to the beginning containing Two Hundred and thirty six
acres more or less and being the same tract of land sold and conveyed
by Thomas Johnston and wife to the said George Johnston by deed dated
the 14th day of September A.D. 1841 . and which said three tracts lie and
are
situate contiguous to each other and form one tract containing twelve
hundred and fourteen and one half acres more or less
And your petitioners further represent , that the said George Johnston ,
in his lifetime , to wit ; on or about the 7th day of September AD. 1847page 518
March Term A.D. 1852made his last will and testament in writing , and which after his decease
was on or about the the 10th day of February A.D. 1849 . duly proved , allowed
and ordered to probate and record , by this Court , and was then and there
by order of said Court duly recorded . That by said last will and testament
the said George Johnston devised said real estate and premises herein before
described and his said devises at and upon the decease of the said George
Johnston and previous to their sale of their respective interests of part of
said devise to one James Davis Senr as hereinafter stated held said real
estate and premises as follows , Mary Dresback formerly Mary Johnston and wife of
Jonathan Dresbach held by virtue of said devises in said will one equal
undivided tenth part of said premises after deducting and paying the sum
ten hundred and forty dollars .
Jesse Johnston held by virtue of said devises one equal undivided tenth
part of said premises after deducting and paying nine hundred &
twenty three dollars & sixty six cents , Elizabeth Foster , formerly Elizabeth
Johnston and late wife of Jeremiah B Foster held by virtue of said
devises , one equal undivided tenth part of said premises after deducting
there from the sum of Eleven Hundred and fifty four dollars and
thirty two cents
James Johnston held by virtue of said devises one equal undivided tenth part of
said premises after deducting therefrom one thousand and two dollars
and sixty five cents
William Johnston held by virtue of said devises one equal undivided
tenth part of said premises after deducting and paying ten hundred
and forty dollars .
Ephraim Johnston held by virtue of said devise one equal undivided
tenth part of said premises after deducting ten hundred and forty dollars
Wilson Johnston held by virtue of said devises one equal undivided
tenth part of said premises after deducting two hundred and twenty
one dollars & eighty nine cents
Joseph Johnston held by virtue of said devises one equal undivided
tenth part of said premises after deducting one thousand and forty
dollars , Niram A Jeffries son of Rachel Jeffries late Rachel John
Ston held by virtue of said devises one equal undivided tenth part of
said premises after deducting therefrom seven hundred and seventy
dollars and Sixty four cents -Your petitioners would further state that in and by said will the
said testator George Johnston devised to one George Johnston a
grandson of said Testator one equal undivided tenth part of said
premises after deducting therefrom Eleven hundred & forty dollars
& thirty one cents , all which will more fully and at large appear by
the record of said will in this Court , and that the said devisee depart
ed this life previous to the death of the said testator whereby the said
legacy and devise became lapsed and the said equal undivided onepage 519
March Term AD 1852tenth part of said premises , upon the death of the said testator , descended to
and became vested in the children and heirs at law of the said George Johnston the
testator who held the same as tenants in common ,
Your Petitioners would further represent that the said George Johnston at his
decease left the following children and heirs who were devisees of certain
interests in said premises and held the one equal undivided tenth part devised
in said Will to said George Johnston as tenants in common , to wit :
1 Mary Dresbach formerly Mary Johnston and wife of Jonathan Dresbach both of
whom are resident of Fairfield County , Ohio .
2 Jesse Johnston who resides in Porter County Indiana
3 Elizabeth Foster formerly Elizabeth Johnston and who intermarried with one
Jeremiah B Foster and who previous to her decease resided in Warren County
Indiana
4 James Johnston who resides in Ross County , Ohio
5 William Johnston who resides in Ross County , Ohio .
6 Ephraim Johnston who resides in Ross County , Ohio
7 Wilson Johnston who resides in Ross Count
8 Joseph Johnston who resides in California
and 9th Niram A. Jeffries a son of Rachel Jeffries and Elias Jeffries the
said Rachel being a daughter of said George Johnston and being
with her husband the said Elias Jeffries deceased prior to the death of
the said George Johnston , the said Hiram A. Jeffries being at this
time a resident of California
Your petitioners would further state that by virtue of said devises in
said will the said Mary Dresbach , Jesse Johnston , Elizabeth Foster , James
Johnston , William Johnston , Ephraim Johnston , Wilson Johnston , Joseph
Johnston , and Hiram A. Jeffries held each one equal undivided tenth
part of said premises and by virtue of their heirship at law held each
one ninth of the one tenth part of said premises devised in said will
to the said George Johnston making the interest of each of said
persons in said premises one equal undivided ninth part
Your petitioners would further represent that after the decease of
the said George Johnston the testator , the said Elizabeth Foster
wife of said Jeremiah B. Foster departed this life intestate still
seized and possessed in fee simple of the said one equal ninth part
of said premises which descended to and became vested in your
pettioners who are the children and heirs at law of the said Elizabeth
Foster and is now owned by them as coparceners in the following
proportions , to wit :
To Rachel Foster one undivided seventh part of said ninth part of
said premises
To George J Foster one undivided seventh part of said ninth part
of said premises ,
To Ruma Foster one undivided Seventh part of said ninth part
of said premisespage 520 (image 293 of 630)
March Term AD 1852
To Henry Foster one undivided Seventh part of said Ninth part
of said premises
To Wesley Foster one equal undivided Seventh part of said ninth
part of said premises
To said Hester Ann Foster one undivided Seventh part of said
ninth part of said premises
to said Josiah J. Foster one undivided Seventh part of said
ninth part of said premises ,
your petitioners would further state that since the decease of
the said George Johnston , the said devisees and heirs Mary Dres
back and Jonathan Dresbach , Jesse Johnston , James Johnston , Will
am Johnston , Ephraim Johnston , Wilson Johnston , Joseph Johnston ,
and Hiram A. Jeffries sold and conveyed away all their right ,
title , interest and estate in said premises and their said several
interests are now held and possessed by one James Davis.Senior , who resides
in Pike County , Ohio , and who now holds by virtue of his said pur
chases , as coparcener with your petitioners , eight equal undivided ninth
parts of said real estate and premises herein before described ,
Your petitioners would further represent that in and by said last
will and testament the said George Johnston the testator aforesaid
devised and bequeathed to his wife Nancy Johnston now a resident
of Ross County aforesaid , in addition to certain personal property
in lieu of her dower in said real estate the one third part of the
rent of his ( the said Gorge Johnston ‘s ) real estate to be paid to her
annually during the life of his said wife Nancy Johnston by his
executor ; and that the same is a charge upon the said land .
Your petitioners would further state that since the decease of
the said George , the said Nancy has sold and conveyed all her in
terest in said land by the way of rent charge or otherwise as far as
the same affects the eight equal undivided ninth parts of said
premises held and possessed by the said James Davis ( who
owns said eight undivided ninth parts free and clear from
said encumbrance in said will made ) and the said Widow Nancy
Johnston now claims only the one third of the said annual rent
of the one equal undivided ninth part of said premises held and
possessed by your petitioners who hold the same subject to said
rent charge
Your petitioners therefore pray that the said James Davis Senior
who resides in Pike County and State of Ohio and the said Nancy
Johnston who resides in Ross County , Ohio , be made parties defend
ants to this petition ; and your petitioners desiring to hold their
said interest in said premises in severalty , pray that partition of
said premises may be made and that the respective interest of each
of your said petitioners in said premisesmay be set off respectively topage 521
March Term A.D. 1852each of them in severally subject to the said rent charge of the said
Nancy Johnston aforesaid or if it shall appear that partition cannot without
manifest injury , be made , then that the same may be sold or other order
taken pursuant to the statute in such case made and provided
By Edward Lewis
Attorney for Petitioners
And afterwards , to wit : March 2nd AD. 1852 . ” came the petition
ers by their attorney and made publication of notice to the defend
ants in this case .
The following is the notice together with the proof of publication
filed in this case March 2nd A.D. 1852 , to wit :
Ross Common Pleas , Ohio . Richard Foster , et al , by their
Guardian , Jeremiah B. Foster , vs James Davis Senr , et al . Petition for partition
Notice is hereby given to James Davis Senior of Pike County , Ohio , and
Nancy Johnston , of Ross County , Ohio , that on the 24th day of October , A.D. 1851
Richard Foster , George J. Foster , Ruema Foster , Henry Foster , Wesley
Foster , Hester Ann Foster , and Josiah J. Foster , ( minor heirs and children of
Elizabeth Foster , late of Warren County , Indiana , deceased , by their legally con
stituted guardian , Jeremiah B. Foster filed a petition in the Court of Common
Pleas of the County of Ross and State of Ohio , where the same is now
pending , demanding partition of the following lands and premises
situate in said County of Ross and State of Ohio , and described as follows
First . A certain tract or parcel of land situate in said County of Ross and
bounded and described as follows : Beginning at a stake on the west bank
of the sciota river , from which a sycamore thirty six inches in diameter
bears north 58 degrees , east , 28 links , and another Sycamore , thirty four inches
in diameter bears south 44 degrees West 127 links , being the upper corner on the
river of Survey No. 488 ; thence North 54 degrees 13 minutes , West 932 poles , to
three white oaks and a hickory on a ridge ; thence south 33 degrees west 46 poles
to a hickory , a small oak and a dead oak ; thence south 46 degrees , 6 minutes
east 965 poles to a stake on the Scioto river near a large sycamore and a black
Walnut stump ; thence up the river with its meanders and binding
thereon north 36 degrees , east 59 3/4 poles , north 32 degrees , east 75 poles , north
18 degrees , east 50 poles to the beginning containing seven hundred and
thirty one and one half ( 73 ½ ) acres , more or less , and being part of survey
No. 488 .
Second . Also one other tract or parcel of land situate in said County of
Ross and bounded and described as follows , to wit : Beginning at a stake
on the bank of the Scioto river , from which two elms marked as a corner
bears south 44 degrees , east 2 poles , upper corner on the river to a lot of land
set off to Thomas Johnston in certain proceedings by partition had in
Ross Court of Common Pleas among the heirs of John Johnston deceased
thence with the lines of said Thomas Johnston lot North 44 de
grees , West 531 poles to a stake on a high bank : thence north 44 degreespage 522
March Term AD 1852east 8 poles to a stake on a high bank aforesaid , corner to said lot thence
North 43 degrees , West 453 poles , crossing a branch at 71 poles a road at 110 poles a large branch at 190 poles and one at 310 poles
to a white oak and small black oak , corner to said lot ; thence North 33 degrees
east 15 poles , to a small white oak and hickory , lower back corner to George
Johnston ‘s land ; thence with his line south 46 degrees , east 962 poles , to a large
Sycamore on the bank of the river lower corner on the river to Johnston
said land ; thence down the river South 28 degrees , West 63 poles , to the begin
ning , containing two hundred and forty seven ( 247 ) acres more or less , and be
ing the same tract of land sold and conveyed by Nancy Chenowith to
said George Johnston by deed dated the 8th day of October , A.D. 1838 .
Third . Also one other tract of land situate in said County of Ross , and
bounded and described as follows , to wit ; Beginning at a stake on the bank of
the Scioto river , upper corner thereon to a lot set off to Jemima Johnston
and from which a bur oak bears south 38 degrees , West 2 1/2 poles , and a mul
berry bears south 44 degrees , east 2 1/2 poles , thence north 42 degrees , West 539
poles to a sugar tree , from which a brick dwelling house bears south 75 de
grees , east 6 poles and 8 feet , corner to said lot ; thence north 44 degrees , east 5 1/3
poles , to a stake corner to said lot ; thence north 39 degrees , 30 minutes ,
west 433 poles crossing a branch at 81 poles , a road at 110 poles , a large branch
at 208 poles and one at 312 poles to two hickories and a white oak , thence
north 30 degrees , West 20 poles , to three white oaks , ( two of them dead ) and a
wood lowers back corner to Pickering and Hodgins survey No. 488 ; thence
North 33 degrees , east 12 poles , to a white oak and small black oak ; thence South
43 degrees , east 453 poles crossing a branch at 140 poles , a large branch
at 260 poles , a road at 340 poles and a branch at 380 poles , to a stake on
a high bank above the bottom land : thence south 44 degrees , West 8 poles ,
a stake on said bank : thence south 44 degrees , east 531 poles to a stake
on the bank of the river , from which two elms marked as corners bear
south 44 degrees east 2 poles; thence down said river south 28 degrees west 12
poles , thence south 31 degrees west 38 poles thence south 44 degrees west 10 poles to the place of beginnign con
taining two hundred and thirty six ( 236 ) acres , more or less , and being
the same tract of land sold and conveyed by Thomas Johnston and
wife to the said George Johnston by deed dated the 14th day of September
A.D. 1841 , and which said three tracts of land above described lie contiguous
to each other , and form together one tract containing twelve hundred
and fourteen and one half ( 1214 1/2 ) acres of land
The said petitioners above named demand that partition be made of
said lands and premises as follows : to each of the said petitioners one
equal seventh part of one ninth part of said lands and premises , subject
to the annual payment to the said Nancy Johnston of one third part
of the rent of the said one seventh part of the one ninth part of
said premises , and to the said James Davis , senior, eight equal ninth parts
of said lands and premises ,
At the next term of said Court of Common Pleas of Ross County , Ohiopage 523
March Term A.D. 1852an application will be made by the said petitioners , for an order that partition
may be made & c. of said premises . By
October 25th , A.D. 1851 .
Edward Lewis , Attorney for DemandantsProof of Publication . ” Ross Com . Pleas , Ohio . The State of Ohio Ross
County S. S. Personally appeared in open Court George Armstrong the Editor and
publisher of the Ancient Metropolis a newspaper printed and published in
the County of Ross and State of Ohio and of general circulation therein , who be
ing first duly sworn saith that the notice of which the annexed is a true copy
was duly and regularly published in said Ancient Metropolis for the term of
Six consecutive weeks commencing on the 25th day of October A.D. 1851
Geo . Armstrong
Sworn to and subscribed in open Court this 2d day of March 1852
A. L. Fullerton , Clerk ,
And afterwards , to wit : on the 4th day of March A.D. 1852 . This cause
came on to be heard upon the petition notice of , and was argued by coun
sel for petitioners , in consideration whereof and it appearing to the satisfac
tion of the Court that due notice hath been given more than forty days
previous to the present Term of the pendency and demand of said
petition as required by law , and that the demandants have a legal right
and estate in the premises described in the petition , and as therein set
forth and no sufficient reason appearing why partition should not be made
On motion to the Court by Edward Lewis Counsel for the plaintiff , it is
ordered that by the oaths of Smiley Caldwell , James Vause , and James
Rittenour judicious disinterested freeholders of the vicinity , one full equal
third part of the annual rent of one ninth part of the lands in the said
petition described , be assigned and set off to the said Nancy Johnston
in lien of her dower estate under the will of , the said George John
ston deceased , and that by the like oaths of the same Smiley Caldwell ,
James Vause , and James Ritenour partition be made of said lands sub
ject to said estate of said Nancy Johnston in the following propor
tions , to wit : To the said Richard Foster , George J Foster , Ruema
Foster , Henry Foster , Wesley Foster , Hester Ann Foster , and Josiah
J. Foster , each one equal Seventh of one Ninth part of said prem
ises and to the said James Davis Senr eight ninth of said lands
and premises , And it is further ordered that a writ of partition issue to
the Sheriff of Ross County , Ohio , commanding him to cause said dower
estate to be assigned and said partition to be made accordingly , and
that he return his proceeding herein forthwith ,
and after wards , to wit : on the 8th day of March A.D. 1852 , a
writ of Partition issued in this case , which said writ reads in the word
and figures following , to wit : ” The State of Ohio
To the Sheriff of Ross County , Greeting : We command you that without
delay , by the oaths of Smiley Caldwell , James Vance , and James
Ritenour , you cause Nancy Johnston widow of George Johnston latepage 524
March Term AD 1852of Ross County Ohio deceased to be endowed of one full third part
of one ninth part of the following real estate situate in Ross County
Ohio and bounded and described as follows , to wit : a certain tract or
parcel of land situate in said County of Ross and bounded and described
as follows . Beginning at a stake on the west bank of the Scioto River
from which a Sycamore 36 inches in diameter bears N. 58 ° E. 28 links
and another Sycamore 34 inches in diameter bears S. 44 ° W. 127 links
being the upper corner on the river of Survey N. 488 . thence North
54 degrees 13’ West 932 poles to three white oaks and a hickory on a ridge
thence South 33 West 46 poles to a hickory a small oak and a dead
oak – thence South 46 degrees 6 ‘ East 965 poles to a stake on the Scioto River
near a large Sycamore and a black walnut Stump thence up the river
with its meanders and bounding thereon North 36 ° East 594 poles
North 32 degrees East 75 poles , North 18 ° East 50 poles to the beginning con
taining Seven hundred and thirty one and one half acres be the same
more or less and being part of Survey No. 488 – Also the following
tract of land situate in said County of Ross and bounded and des
cribed as follows , to wit : Beginning at a stake on the Bank of the
Scioto River from which two elms marked as a corner bear S. 44 degrees
E. 2 poles upper corner on the river to a lot of land set off to Thom
as Johnston in certain proceedings by partition had in Ross Com
mon Pleas among the heirs of John Johnston deceased, thene witht he line of said Thomas Johnston ‘s lot North 44 ° West
531 poles to a stake on a high bank , thence North 44 ° East 8 poles to a
stake on a high bank aforesaid ; corner to said lot , thence North 43 degrees
W. 453 poles crossing a branch at 71 poles , a road at 110 poles a large
branch at 190 poles and one at 310 poles to a white oak and small black
oak corner to said lot ; thence North 33 ° East 15 poles to a small
white oak and hickory lower back corner to George Johnston ‘s land ;
thence with his line South 46 ° East 962 poles to a large Sycamore
on the bank of the river lower corner on the river to Johnston ‘s
said land : thence down the river S 28 ° West 63 poles to the begin
ning two hundred & forty seven acres more or less and being the
same tract of land sold and conveyed by Nancy Chenowith to
George Johnston by deed dated the 8th day of October A.D. 1838 .
Also one other tract of of land situate in said County of
Ross and bounded and described as follows , to wit : Beginning at a
stake on the bank of the Scioto River upper corner thence to the
lot set off to Jemima Johnston and from which a hickory bears
S 38 degrees W 2 1/2 poles and a mulbery bears S. 44 degrees E 2 ½ poles , thence North
42 degrees West 539 poles to a Sugartree from which a brick dwelling house
bears S 75 degrees E. 6 poles and eight feet corner to said lot , thence North
39 degrees 30 ‘ West 433 poles crossing a branch at 81 poles , a road at 110
poles a large branch at 208 poles and one at 312 poles to two hick
ories and a white oak thence North 30 west 20 poles to threepage 525
March Term A.D. 1852
white oaks ( two of them dead ) and a dogwood lower back corner to Pick
ering and Hodgin ‘s Survey No. 488 ; thence North 33 ° East 12 poles to a
white oak and small black oak , thence South 43 ° East 453 poles crossing
a branch at 140 poles , a large branch a 260 poles , a road at 340 poles and
a branch at 380 poles to a stake on a high bank above the botton land
thence South 44 degrees West 8 poles to a stake on said bank : thence S. 44 East
531 poles to a stake on the bank of the river from which two elms
marked as corner bears S 44 degrees East 2 poles , thence down said river South
28 degrees West 12 poles ; thence South 31 ° West 38 poles ; thence South 44 ° West
10 poles to the beginning , containing two hundred and thirty six
acres more or less and being the same tract of land sold and conveyed
by Thomas Johnston & wife to the said George Johnston by deed dated
the 14th day of September AD. 1841 , and which said three tracts lie
and are contiguous to each other and form one tract containing twelve
hundred and fourteen and one half acres more or less :
And also that in like manner and by the same and like oaths
of the said Smiley Caldwell , James Vance and James Ritenour you
cause partition to be made of the same lands subject to said dower
estate among the following persons and in the following proportions
to wit ; to said James Davis Senr eight equal undivided ninth parts of
said lands and premises , and to the said Richard Foster , George J.
Foster , Ruema Foster , Henry Foster , Wesley Foster , Hester Ann Foster
and Josiah J. Foster each one equal undivided Seventh part of one
ninth part of said lands and premises in pursuance of an order
lately made in our said Court of Common Pleas within and for the
said County of Ross in a certain petition for partition wherein
Richard Foster et al , by their Guardian Jeremiah B Foster are peti
tioners and James Davis Senr et al are defendant ; and that your
proceedings in the premises you distinctly certify under your hand
to our Court of Common Pleas within and for the County of Ross
together with this writ .
Seal Witness Angus L. Fullerton Clerk of our said
Court of Common Pleas this 8th day of March
A.D. 1852
Angus L Fullerton , ClerkSheriff ‘s the within Return , I have executed this writ by the oaths of
the within named Smiley Caldwell , James Vause , & James Ritenour ,
whose report is hereunto annexed & returned , March 15th 1852
William K. McMillin , Sheriff of Ross County , Ohio
Commissioners Report ” We the undersigned , commissioners named in the
writ hereunto annexed , after being duly sworn , and after viewing and
examining the lands and premises in said writ described , do as
sign to the said Nancy Johnston for her dower estate in the one
ninth part of said estate the sum of One Hundred and sevenpage 526
March Term AD 1852dollars to be paid annually to her on the 1st day of October A.D.
1852 and each and every year thereafter on the said 1st day of October
during the natural life of the said Nancy Johnston : And we are of
opinion that said premises cannot be divided according to the com
mand of this writ without manifest injury of the value thereof , and we
do estimate the value of the one ninth part of said premises
Subject to said dower estate at five thousand three hundred & ninety
Seven dollars seventy seven cents , and we do estimate the whole of said
premises at forty eight thousand five hundred & sixty dollars .
Given under our hands this 13th day of March 1852
Smiley Caldwell ℗ J
ames Vause Seal
Jame Ritenour ℗
The State of Ohio , Ross County SS .
On the 10th day of March A.D. 1852
Smiley Caldwell , James Vance and James Rittenour the above named
commissioners were duly sworn by me , to make partition of the lands
in the annexed writ described and to assign dower in the same
in pursuance of the order of the Court
William K McMillin , Sheriff Ross County
And now at this day , to wit ; on the day in the year and at
the place hereinbefore first aforesaid mentioned , ” On motion
to the Court by Edward Lewis counsel for the petitioners , and upon
producing the proceedings of the Sheriff , and the report and pro
ceedings of the Commissioner hereinbefore appointed , and the
same being examined , it is ordered that said proceedings and
report be and the same are hereby approved and confirmed ; and
thereupon the said James Davis Senr electing to take said Estate
at the said valuation , the said estate is hereby adjudged to the said
James Davis Senr , and is ordered to pay to the said Richard Foster ,
George J. Foster , Ruema Foster , Henry Foster , Wesley Foster , Hester Ann
Foster , and Josiah J Foster , their respective proportions of the apprais
ed value thereof with in ten days from the rising of this Court , and
upon the full and punctual payment by the said James Davis Senr
of the same the said Sheriff is ordered to execute a deed in fee simple
for the said estate to the said James Davis Senr according to the
statute in such case made and provided , and it is further ordered
that the costs and expenses of this suit taxed to dollars
be paid within ten days from the rising of this Court , by the parties
in the following proportions , to wit : the said James Davis Senr eight
equal ninth parts of said costs , and by the said Richard Foster ,
George J. Foster , Ruma Foster Henry Foster , Wesley Foster , Hester
Ann Foster , and Josiah J. Foster , each one seventh part of one ninth
part of said Costs and in default thereof that execution issue
therefor ,page 527
March Term A.D. 1852
Counsel fee taxed at three hundred and sixty dollars , $ 360.00
John Green Judge
Papers in Box 141Ross. Property Partition Records 1850-1852, 1852-1854,Court Records 1850-1852, 1852-1854
“Ross, Ohio, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLK-X3Y8-1?view=fullText : Nov 21, 2024), image 291 of 630; .
