David Strain Land Suit

David Strain’s Land Suit

Record book C, pages 641-645.

[One page was slightly cut off on the right side of my copy, and I’ve not proofed this transcription very well, so please ask me if you have any questions.]

Pleas held at the court house in Hillsborough for the County of Highland in the State of Ohio before the Honorable Joshua Colllett president Judge of the Courts of Common Pleas for the seventh Judicial circuit in said State and John Boyd George W. Barrier [Barrerre?] and Joseph Sweringin Esqr his associates for said County on the 31^st of July A.D. 1826.

John R. Strain, Administrator vs. Heirs of David Strain, dec’d

Be it remembered that heretofore at April Term 1825 the Complt by his counsel filed his petition in Chancery in the word following to wit—

To the Honorable the Judges of the Court of Common Pleas now sitting in and for the County of Highland – Your Petitioner John R. Strain, Administrator of all and singular the goods & chattels rights & Credits of David Strain late of said county decd. humbly sheweth unto your Honors that the personal estate of said decedent is insufficient to satisfy the debts & demands against said estate that the estate of said decedent amounted only to ninety two dollars & seventeen cents 7 that the debts of said Estate already paid and the claims against said estate which have been presented & remain unpaid amount altogether to the sum of $327’’75 ½ exclusive of interest on a large part of said sum for twelve or thirteen years all of which will more fully appear by reference to the account of your petitioner herewith exhibited & the receipts & vouchers accompanying the same together with an article of agreement between David Strain dec’d & James Hoge all of which your petitioner prays may be referred to & taken as a part of this his petition your petitioner further sheweth unto your Honors that the said David Strain in his lifetime purchased of James Hoge a tract of land supposed to contain five hundred & twenty eight acres being lot No. 16 of land on Rattlesnake fork of Paint Creek Entered surveyed & patented on the name of David Reddick & others at two dollars & fifty cents pr acre amounting to one thousand three hundred & forty five dollars which purchase is witnessed by an instrument in writing entered into between the said Strain & Hoge herein by your petitioner—before referred to by which instrument in writing the said Hoge binds himself & his hears to make to the said Strain a good & sufficient deed where the payment shall be made for said land your petitioner further states that the said David Strain in his lifetime paid at difrent times the sum of Eleven Hundred & twelve dollars to the said Hoge for said land as will appear by the receipts of said Hoge herewith Exhibited leaving a balance due said Hoge of about two hundred & thirty three dollars of the principle exclusive of interest – your petitioner could further represent that that there are further demands against said estate which have not yet been presented as he has been informed & believes your petitioner further states that the said David Strain died leaving Sarah Ann Strain his widow & Relict and John C. Strain his widow & relict Elizabeth Johnson late Elizabeth Strain and James Johnson her husband James Strain Andrew Strain Susanna Strain & Robert Strain (who has since died leaving Betsy Ann Strain Andrew ~~Strain~~ Thompson Strain Eliza Jane Strain [blank space] Strain [blank space] Strain his heirs & legal representatives who are minors) who have arrived at the age of twenty one years & Lucinda Strain Cintha Strain & Levi Strain Minors under the age of eighteen & twenty one years his heirs & legal representatives whom your petitioners prays may be made defendants to this his petition & that they may be compelled by a rule of this Court to answer this petition within a time therein named and that a guardian ad litem be appointed for the minor heirs of said decedent.

Your orater therefore prays that this Honorable Court may order the Equitable interest of said decedant in said land be appraised & sold or so much thereof as this Court may deem necessary & the proceeds of such sale may be applied to the payment of the debts of said decedant & the same may be made in all respects agreeably to the Act entitled “ An Act defining the duties of Executor & Administrators” & your petitioner will pray as in duty bound &c. {} John R. Strain Petitioner.

And thereupon at the said time term of April 1825 it was ordered that John C. Strain be appointed guardian adlitem for the infant heirs of said decedant—and further proceeding were continued and afterwards at August term 1825 – the defendants filed their answer in the words following towit—

“The Answer of John C. Strain James Strain and Elizabeth his wife David Strain & Thomas M. Strain to the bill of ___ Court Exhibited ___ them by John R. Strain Administrator of the Estate of David Strain dec’d in the highland Common pleas—

These respondents for answer to the said bill or to so much ___ as they are advised in material for them to answer unto they answer __ say that it is true as stated in the bill that the said decd departed this life intestate and the personal Estate of said decd is insufficient to discharge __ due and owing by said decd at the time of his death they therefore ___ the truth of the bill and pray that the prayer thereof may be granted __ respondents dismissed &c.

John C. Strain

James Johnson

Elizabeth Johnson

James Strain

David Strain

Attest-

Samuel McConnell

Augt 22d 1825

James Strain agent for Thomas Strain—

The separate answer of Sarah Ann Strain widow & Relict of David Strain decd to the bill of complaint exhibited in the Highland Common Pleas by John R. Strain admr of the Estate of said decd.

This respondent for answer to the said bill or so much thereof as __ is advised is material for her to answer unto she answereth and said that is is true as stated in the bill that the said personal estate of the __ is insufficient to discharge the debts due by the decd at the time of the death of said decd. She therefore admits that the said bill is true and the schedule filed is also true it is therefore admitted by debt that it is necessary to sell the real estate of deceased to discharge said debts and is Willing the decree prayed for be entered and that the same be __ without any reference to any right of dower this defendant might have in the premises which right she hereby relinquishes for the __ set forth in the bill and having fully answered she prays to be her__ dismissd.

Sarah Ann her X mark Strain

The Answer of Agness Strain Andrew Strain and Susanna Strain to the bill of Complaint exhibited against them by John R. Strain Administrator to the Estate of david Strain decd in the Highland Common pleas—

These respondents for answer to the said bill or to so much thereof as ___ are advised is material for them to answer unto he answers and says that ___ true as stated in the bill that said decd departed this life intestate and ___ personal Estate of said decd is insufficient to discharge the debts due and __ by said decd at the time of his death they therefore admit the truth of the ___ and pray that the prayer thereof may be granted and these respondents ___.

Nancy Strain

Andrew Strain

Susannah Strain

Attest

Samuel McClure Augt 22d. 1826

The Separate Answer of John C. Strain guardian, Adlitem to the infant Heirs of David Strain decd towit Lucinda Strain Cin__ & Levi Strain Children of said David Strain and also Betsy Ann Strain Andrew Strain Eliza Jane Strain [blank space] Strain & [blank space] Strain ___ of Robert Strain decd who was a son of David Strain decd to the __ Complaint exhibited in the Highland Common Pleas by John R. Strain Admr of Said David Strain decd against them & others—

This respondent Admits for answer to said bill that the said David departed this life intestate and that the personal estate of said decd is insufficient to pay the debts owing by said decd at the time of his death as fully appears by the schedule of said debts and estate exhibited this respondent therefore admits the truth of the bill & prays that the prayer thereof may be granted so far as the said respondents are interested & pray to be hence dismissed. John C. Strain—

The State of Ohio highland County—On the 22d day of August 1825 personally came before me the undersigned A Justice of the peace in and for said county John C. Strain who being sworn saith the within answer is true as far as his Knowledge extends given under my hand and seal this date above. Joel Thorman J. P. {seal}

And therefore at the said term of August 1825 it is ordered that Thomas Rogers Jacob Worley William Elliott be and they are hereby appointed commissioners to appraise into current money the land and premises described in the petition in this cause under Oath and that they report their proceedings to this court at their next term The Court being satisfied of the necessaty to sell real estate of decd to pay his debts – and further proceedings were Continued—and afterwards at November Term 1825 The appraisers appointed by the court at the last term made report that they had appraised one hundred and four acres being part of the land mentioned in complainants bill at the sum of four hundred sixteen dollars which report was seen and approved by the Court – It is therefore ordered that said administrator be authorized to sell said one hundred and four acres of land with the improvements thereon agreeably to the Act defining the duties of Administrators & Executors for one Third of the purchase money to be paid in hand one third in one year and one third in two years and that said land be sold for not less than two thirds of its appraised value and on such sale the administrator to execute to purchaser a deed for the premises and also to take a deed of mortgage to secure the payment of the residue of purchase money and that he report his proceedings to our Court at the next term—

And further proceedings were continued from time to time and now at this day towit on the day and in the year and at the place for it herein mentioned came the administrator of sd estate who was ordered at the last November term of this court to sell the land appraised by the appraisers appointed by the Court reported that he had in pursuance of said order proceeded to sell the land agreeably to said order and the statute in such case made and provided to Samuel McConnell and the Court having seen and inspected the report aforesaid and the and the proof of notice of the time and place of sale filed in this cause are of opinion that the legal notice had been given and that and that the aforesaid sale had been made in all respects agreeably to law & the rules of this Court and that the said sale be confirmed and that the administrator pay the costs herein out of the proceeds of of sale and the parties are hence dismissed—

Costs

Clk fees $7 .. 87

Shff 0 .. 98

Comr 4 .. 50

Inst? 0 .. 25

?eo? fee 5 .. 00

}No. 804

}Joshua Collett

[Joshua Collett was the President Judge of the Court for the October Term for 1826. The next page (647) gives his name and the names of the Associate Judges for Pleas held on the 11^th 1826. The prior page is labeled July term 1826 at the top.]