Stover vs Hepler Petition for Partition

The State of Ohio Lawrence Common Pleas September Term 1830
Stover vs. Hepler Petition for Partition
1829-1830, Clerk of Courts, Vol. 2, Pg 219-522
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLL-MWG4-9?i=520&cat=65083

  [Transcribed exactly as Written by the late Ken Clark, July 12, 2000. Note: certain modifications were made to the document format] 
NOTE: You can find this document on familysearch.org with the above link.

Complete Record 1829-1830 Volume 2, pages 222-227
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLL-MWG4-9?i=520&cat=65083

Joel Stover, Samuel Stover, John Stover, Rebecka Stover, Bestey Stover, Harriett Stover & Susan Stover by John Davidson, their agent & next friend Petitioners ~

Vs.                                                                        {Petition for Partition}

Obediah Hepler and John Hepler, defendants

Pleas before the Honorable Thomas Irvin, President Judge of the eighth circuit of the courts of common pleas for the State of Ohio and William Miller, Nathaniel Prichard, and Reuben Kelly Esquire his associates Jury of the Courts of Common Pleas in and for the County of Lawrence at the Courthouse in Burlington, the sixth day if September and of the Term of September in the year of our Lord one thousand eight hundred and thirty and in the year of this state, the twenty-eighth ~

By the court, that a writ of partition insofar from the court agreeably to the Payment of the petition to the sheriff of this county commanding him that by the oaths of Lawrence Clark, James Henry, and Rollins Hankins insidious and disinterested freeholders of the vicinity of the county who are not kin to any of the parties concerned.

Because to be set off and divided to the defendants and filed petition each one ninth part of 380 acres to wit: 42 2/9 acres each except said Joel Stover who is entitled to 2/9 to wit and one ninth as heir as aforesaid and one ninth more as purchases and from Rebecca Whitten and Walter Whitten, said Rebecca being on of the children and lawful heirs of John Stover, deceased, also set off to Obediah Hepler and John Hepler, the remaining one ninth part of said 380 acres, as purchasers of and from Andrew Holeyday and Mary his wife, who said Mary being one of the children and Lawful heirs of said John Stover Deceased, to wit, being a part of section No. 26 & fraction al sectioned sectional No. 27, 28, 29 and 30. in Township No. 1, Range No. 18 agreeably to the provisions of the statute in such case made to provide costs to be taxed to all parties plaintiff’s each one ninth except Joel Stover who is to be taxed with two ninths and the defendants one ninth and that the sheriff make due return of his proceedings to the next term of this court. ~

Thereupon on the twenty-fifth day of June in the Year last aforesaid, the “Writ of Petition” in the above order mentioned issued in the words and figures following to wit: “The State of Ohio Lawrence County s/

   To the Sheriff of Lawrence county, Ohio, Greetings. 

We command you to take with you Samuel Clark, James Henry, and Rolland Hankins, Insidious and disinterested men, freeholders and of none akin to the parties having been appointed by the court of Common Pleas for Lawrence County aforesaid.

By the oaths of the Law of Samuel Clark, James Henry, and Rolland Hankins (with the surveyor of the county aforesaid taken to their assistance) to cause to be divided and partitioned to Joel Stover, Samuel Stover, John Stover, Barbara Stover, Betsey Stover, Harriet Stover, and Susan Stover each one-ninth of 380 acres as purchasers of a from Andrew Hollyday and Mary, his wife, the said Mary being one of the children and Lawful heirs of said John Stover, Deceased, to wit: being part of the section No. 26 & fraction.

August 2, 1830, Agreeably to an order of the court of common pleas in and for the county of Lawrence and the State of Ohio at their June term 1830, The under figure (being first duly sworn) proceeded to review a partition and sett of the premises named in said order according to quantity and quality and have sett off the same in the following manner.

• Lot Number 1 to Joel Stover, assignee of W. Whitten, ~
• Number 2 to John Stover ~
• Number 3 to Barbara Stover ~
• Number 4 to Elizabeth Stover ~
• Number 5 to Harriet Stover ~
• Number 6 to Samuel Stover ~
• Number 7 to Obediah Hepler, assignee of A. Holliday ~
• Number 8 to Joel Stover ~
• Number 9 is marked 1st No. 9 and 2nd No 9 to Susanna Stover ~.

Each as being one equal ninth part of the Premises aforesaid, and for a further and most a particular Description of said Lots partition and allotment, references may be had to the flat & Certificate of the Survey of the same herewith accompanying ~ Given under our Hand.

Samuel Clark
James (x) Henry (his mark)
Rolen Hankins

September Term 1830 Court of Common Pleas Complete Record Vol. 2, pages 221-227 Lawrence County, Ohio

Linear “Standard” Measurements

[For information purposes only – not part of Original Land Document]

 Note: 1 Acre=10 Square Chains=43,560 Square feet=160 Square Rods
Survey No. 125, Scale of 100, The Shaded are Hills. [ See Plot Map]

August 2, 1830, agreeably to an order of the court of Common Pleas in and for the county of Lawrence and the State of Ohio at their June Term 1830 and under the direction of Samuel Clark, James Henry, and Rollin Hankins.  I surveyor the Land named in fair order and divided the land into ten lots in the following manner (viz) being part of sections No 26, 27, 29, and 30 of Township 1, Range 18 and:

Lot No. 1 – Beginning at a Black Walnut Tree at the southeast corner of the Dowery of the Late Elizabeth Stover on the Bank of the Ohio River thence up the River S. 41° E. 26, 75 Poles to a stake from which a Hickory 10 inches in Diameter bares S. 86° W. 15 Links thence N. 26 E. 182, 92 poles to a stake from which a maple 5 inches in Diameter bares S. 40° 618 links thence N 41° W. 26, 75 Poles to a stake Northeast, Northeast corner:  of said dowry from which a Hickory 12 inches in Diameter bares S. 98° W. 14 Links thence S. 26° W. 182, 92 Poles to the beginning containing twenty-seven acres three rods and Eleven poles.

Lot No.2 – Beginning at the Southeast corner of Lot No 1 thence S. 41° E 26, 75 Poles to a Buck Eye 9 inches in Diameter thence N. 26° E. 182, 92 Poles to a stake from white a Hickory 12 inches in Diameter bears N. 69° W. 30 links thence N.41° W. 26, 75 Poles to the Beginning containing twenty-seven Acres three rods and Eleven Poles.

Lot No. 3 – Beginning at the Southeast corner of Lot No. 2 thence S. 41° E. 29, 5 Poles to a stake from which a Black Walnut 11 inches in Diameter N. 62° W. 91 links thence N. 26° E. 182, 92 Poles to a stake from which a Sycamore 48 inches in diameter bears S. 40° E. 50 Links thence N. 41° W. 29, 5 Poles to the Northeast corner of Lot No. 2 thence S. 26° W. 182, 92 Poles to the Beginning containing thirty-one acres and seven Poles.

Lot No. 4 – Beginning at the Southeast corner of Lot No. 3 thence S. 41° E. 44 Poles to a stake at the mouth of Ice Creek from which a Paupay 6 inches in Diameter bares N 68° E. 32 Links and a Maple 30 inches in Diameter bares S. 22° W. 54 Links thence N. 23° 17 E. 180 Poles to a stake from which a Hickory 11 inches in Diameter bears N. 20° E. 20 Links then 41° W. 41 Poles to the Northeast corner of Lot No. 3 thence S. 26° W. 182, 92 Poles to the beginning containing forth five acres three rods and thirty-nine Poles.

Lot No. 5 – Beginning at a stake Northwest of said Dowery from which a Sweet Gum 24 inches in Diameter bares N. 48° E. 814 Links thence with the line of said Dowery S. 41° E. 41 Poles to a stake from which a Dogwood 4 inches in Diameter bares N. 10° W. 31 Links thence N. 27° E. 114 Poles to a stake from which a Sugar 9 inches in Diameter bares S. 55° E. 9 Links thence N. 58° E. 134 Poles to a stake from which a Chestnut 20 inches in Diameter bares S. 51° 818 Links thence N. 41° W. 30 Poles to a stake from which a Black Walnut 12 inches in Diameter bares S. 8° W. 7 links thence 57° 36 W. 119 Poles to the stake from which a Chestnut Oak 10 inches in Diameter bares N. 23° W. 26 Links and a Beach 6 inches in Diameter bares N. 85° E. 20 Links, thence west 20 Poles to a Poplar 60 inches in Diameter then east 27° W. 114 Poles to the Beginning containing fifty-five acres one Rod and six Poles.

Lot No. 6 – Beginning at the southeast corner of Lot No. 5 thence S. 41° E. 41 Poles to a stake from which a White Oak 10 inches in Diameter bares N. 29° W. 12 Links thence N. 27° E. 124 Poles to a stake from which a Sugar 11 inches in Diameter bares N. 86° 13 Links, thence N. 46° 9 E. 124 Poles to a stake from which a Chestnut, Oak 20 inches in Diameter bares S. 51° E. 18 Links thence S. 58° W. 124 Poles the a stake from which a Sugar 9 inches in Diameter bears S. 55° E. 9 Links thence 27° W. 111 Poles to the beginning containing Forty-Four Acres two rods and twenty-five Poles.

Lot No. 7 – Beginning at the southeast corner of Lot No. 6 thence S. 41° E. 37, 75 Poles to a stake from which a Hickory 10 inches in Diameter bears N. 41° E. 29 Links thence N. 27° E. 134 Poles to a stake from which a Black Walnut 9 inches in Diameter bears S. 37° W. 15 Links thence N. 42° 9 E. 115 Poles to a stake from which a Beech 12 inches in Diameter bears S. 31° W. 49 Links thence N. 41° W.  29Poles to a stake from which a Chestnut-Oak 10 inches in Diameter N. 31° E. 10 Links, thence S. 46° 9 W. 124 Poles to a stake from which a Sugar 11 inches in Diameter bears N. 81° E. 18 Links thence S. 27° W. 124 Poles to the beginning containing forty-eight Acres Three Rods and Twenty-Five Poles.

Lot No. 8 – Beginning at the southeast corner of Lot No. 7 thence S. 41° E. 35 Poles to a stake from a White Oak 12 inches in Diameter bears N. 21° W. 27 Links thence N. 27° E. 134 Poles to a stake thence S. 41° E. 77 Poles to a stake thence N. 25° 54 E. 125 Poles to a stake from which a Huckberry 6 inches in Diameter bears N 75° E. 11 Links thence N 41° W. 10 Poles to a stake from which a Buck 12 inches in Diameter bears S. 31° W. 49 Links thence S. 42° 9 W. 115 Poles to a stake from which a Black Walnut 10 inches in diameter bears 37° W. 15 Links thence S. 27° W. 134 Poles to the beginning containing forty-four Acres, three rods and twenty-five Poles.

1st Lot No. 9 – 1st Lot No. 9 beginning at the southeast corner of Lot No. 8 thence S 41° E. 73 Poles to a stake from which a Hickory 11 in  Diameter bears N 27° E. 20 Links thence N. 23° 17 E. 167 Poles to a stake from which an Ironwood of 9 inches in Diameter bears S. 14°  W. 8 Links thence N 22° W. 10 Poles to a stake from which a Beech 10 inches in Diameter bears N. 63°  W. 12 Links thence 82° W. 34 Poles to a stake comes to Lot No. 8 thence N. 41° W. 17 Poles to a stake thence S. 27° W. 134 Poles to the Beginning containing fifty-five Acres Three rods and fourteen Poles.

2nd Lot No. 9 – And 2nd lot No. 9 beginning at the northeast corner of a said tract named in the order aforesaid, thence S. 22° 34 W. 140 Poles to a stake corner to Lot No. 8 from which a Hackberry 6 inches in Diameter bears N. 75° W 11 Links thence N. 41° W 79 Poles to a stake from which a Black Walnut 12 inches in Diameter bears S 8° W 7 Links thence N. 57° 36 E. 127, 50 Poles to the beginning containing twenty-nine Acres and four Poles.  ~

Given under my hand this 24th of August 1830.

George N. Kemp
Andrew Holliday
Wm Carpenter, S.L.C.
Walter Whitten
John N. Kemp

And now at this time to wit at the Court of Common Pleas holding and for the county aforesaid before the Judges aforesaid and at the term and place herein aforesaid, the sheriff of Lawrence County this day returned the writ of partition and the return of the inquest and survey and the same to be filed.

The court has carefully examined the proceedings therein. It is satisfied that the same has been conducted and in conformity to Law with objections being made by either of the parties ~   It is ordered that the inquest report, survey, and assignment to each of said heirs and parties in said writ named in said petition ~ And it is further ordered that the costs and expense which has accrued in this cause be taxed and paid by each of the parties in proportion to each of their respective claims according to the statute in the said case made and provided.
Examined Thos Irvin, Pres. Judge

Transcribers Notes:    John Hankins and Martha Hankins, son, and daughter of Rolen and Mary Ann Knox Hankins, would eventually marry into the Stover line.  John Hankins married Susanna Stover (1840), and Martha Hankins married John Stover (1842).  John and Susanna, the son and daughter of John and Elizabeth Strickler Stover.   Rolen Hankins, son of Daniel Hankins Sr., of Upper Township, Lawrence County, Ohio.

In addition, Lawrence County Property and Land deeds, Volume 1, page 81 shows Rolen Hankins Lot No. 5 (prior ownership of Harriett Stover), 55 Acres in 1841 for a sum of $1225.00 to Robert Jarvis.  It appears that other of these lots may have been purchased by Rolen Hankins, to wit, on December 14, 1833, Lawrence County Deed Index recorded Rolen Hankins sold “lots” to a John W. Kemp for the total amount of $350.00.

It also appears that Rolen’s brothers Joseph, John, and Daniel Jr. also purchased and sold land in Range 18, Twp 1, Sections 21, 23, and 25, which were adjacent to the divided Stover land.  Records for the aforementioned are on file.