|STATE OF ILLINOIS||IN CIRCUIT COURT to the|
|SHELBY COUNTY||February Term, A.D. 1869|
|Thomas Cox, Mahala Cox|
|Sarah Mize, Nancy Mize|
|Martha Bazzill, James Chandler|
|Samuel Beck, father of|
|James Beck, Quintain Beck,|
|Charlotte Beck, Nancy Beck,|
|Who are minors and who are by their|
|Next friend, Thomas Cox, Edward Boaz,|
|William Semore, Sarah Semore,||In Chancery for|
|John Cox, Charlotte Cox||Partition of Lands|
|John E. Moone|
And now at this day came the complainants by Thos...J. Capps, their solicitor, and it appearing to the court here, from the writ issued herein to the Sheriff of Shelby County and the return thereon, that the respondent John E. Moon had been regularly served with process herein at least ten days prior to the first day of the present term of this Court. And the said John E. Moon having been three times solemnly called, came not but herein made default; and thereupon the complainants Bill is taken for confessed against the said defendant.
And, now this cause coming on for a final hearing, on Bill, exhibits and default of the said defendant, who failed to answer according to rule of said court heretofore entered against him, and oral proofs. And the Court being fully advised in the premises, finds that in the year A.D. 1853, one Joel Henderson, late of said county, died intestate, seized in fee of the following premises, to wit: The East half of the South West quarter of the South East quarter of Section Eight (8) in Township Nine (9) Range two (2) East of the third principal meridian containing twenty acres.
That the said Joel Henderson, left surviving him his widow Sarah Henderson, also Merida Henderson, Quintain Henderson, Andrew Henderson, Mabry Henderson, Charlotte Henderson and Nancy Henderson, his children and heirs at law. That the said Sarah Henderson, the widow of the said Joel Henderson, is now dead.
That on or about the __________ day of __________ A.D. 18__ After the death of the said Joel, the said Quintain & Mabry Henderson, sold their undivided interest in the said premises to their brother, the said Merida Henderson; and that after the said Merida acquired the interests of the said Quintain & Mabry, he sold his interests amounting to one. undivided half of said premises to John E. Moon; and that the said John E. Moon is now entitled to the undivided one half interest in the said premises.
That the said Andrew Henderson died intestate leaving no widow surviving him, but leaving the following named children as his heirs at law, viz.: Mahala Cox, the wife of Thomas Cox, who are parties to this suit, Sarah Mize formerly Sarah Henderson, now the widow of one John Mize, said John being now dead; Nancy Henderson, now Nancy Mize, being now the widow of one Isaac Mize, the said Isaac being now dead; Martha Henderson, now Martha Bazzill, being the widow of John Bazzill the said John being now dead.
That the said Charlotte Henderson, intermarried with one Akerson Chandler and that the said Charlotte and her husband the said Akerson Chandler died intestate seized in fee of their interest in the said estate, leaving the following named children as the heirs at law of the said Chandler Viz: James Chandler, Quintain Chandler and Sarah Chandler, and that the said James Chandler and Quintain Chandler still hold their interest in the said premises; and that the said Sarah Chandler intermarried with one Samuel Beck, and after said intermarriage, died intestate, seized in fee of her interest in said premises, leaving surviving her said husband who is still living, and the following named children as her heirs at law, viz.: James Beck, Quintain Beck, Charlotte Beck and Nancy Beck.
That the said Nancy Henderson intermarried with one John Boaz; that the said Nancy and John are now dead, that the said Nancy Boaz died intestate, seized in fee of her undivided interest in the said premises leaving the following named children as her heirs at law, Edward Boaz, Sarah Boaz, Charlotte Boaz, who are still living and own the undivided interest of their said mother, in said premises.
That the said Sarah Boaz intermarried with on William Semore, and that said Charlotte Boaz married one John Cox, and that the said William Semore and John Cox are still living. That the said Mahala Cox, Sarah Mize, Nancy Mize and Martha Bazzill are still living and the owners in common of the undivided interest of their father, Andrew Henderson in said premises.
That the said John E. Moon is entitled to the undivided one half interest in the said premises, deriving his title by purchase.
That Mahala Cox wife of Thomas Cox, Sarah Mize, Nancy Mize, and Martha Bazzill are each entitled to the undivided one twenty fourth interest in the said premises deriving their title thereto by inheritance.
That James Chandler, Quintain Chandler, Edward Boaz, Sarah Semore, wife of William Semore and Charlotte Cox wife of John Cox, are each entitled to the one eighteenth interest of the said premises deriving their title by inheritance.
That James Beck, Quintain Beck, Charlotte Beck and Nancy Beck are each entitled to the one seventy second part in the said premises, deriving their title by inheritance each, also subject to the tenancy by the courtesy of their father Samuel Beck.
That the parties herein named who have an interest in said Lands are entitled to have partition made of said Lands among them according to quantity and quality, and according to their interest in the same.
It is therefore ordered by the Court that a decree of partition be entered; and that J.J. Page, Lewis Perryman and Laban Warren be and they are hereby appointed commissioners to execute this decree, and that after being duly sworn according to law they go upon the premises, and make partition and division of the same between the parties therewith entitled, if the same can be done consistently with the interests of the parties entitled to said division, having due regard to quantity and quality; and that they act strictly in accordance with the law governing such cases, and report at the present term of this Court; and this cause is continued.
And now this day came the commissioners herein before appointed to make partition and division of the Lands of Joel Henderson deceased among the heirs at law of said deceased and present to the Court their affidavit of qualification, together with their written report of their action under the decree of this Court, in the words and figures following to-wit
Circuit Court February Term 1869State Of Illinois
The information on this site is offered freely but cannot be used in any publication or on any commercial site without written permission from Shane Hill or Cindy Scott.