!LAND: "In Clerk's Office. Box No. 328. Complaint. State of Indiana, Clay County, SS: Clay Circuit Court to May Term, 1896. John S. DONHAM, Elizabeth WYATT, Nathaniel DONHAM, Janetta HAPPENNY, Ferdinand L. DONHAM, Margaret Alice STONEBURNER, Ollie M. MILLER, John J. WITTY. vs. Oliver JAMES, Melissa D. JAMES, Isaac H. DONHAM." Text: "John S. DONHAM, Elizabeth WYATT, Nathaniel DONHAM, Janetta HAPPENY, Ferdinand L. DONHAM, Margaret Alice STONEBURNER, Ollie M. MILLER, and John J. WITTY, complain of Oliver JAMES, Melissa JAMES, and Isaac H. DONHAM and say that plaintiffs and defendants except Oliver JAMES are the owners in fee and tenants in common .....(unreadable)..... of the following described real estate located in Clay County, Indiana, to-wit: The North half of the Southwest quarter of the Northeast quarter of Section Twenty (20) in Township Eleven (11) North and of Range Seven (7) West, containing Twenty (20) Acres. Also Ten (10) Acres of uniform width off the east side of the Northwest quarter of the Northeast quarter of said Section. Also the North half of the South east quarter of the North west quarter of said Section, containing Twenty acres, more or less. Also the Northeast quarter of the northwest quarter of said Section, except Ten (10) Acres off the East side, in all Eighty (80) Acres, more or less. The Plaintiffs John S. DONHAM, Ferdinand L. DONHAM, and Nathaniel DONHAM are the sons of said Margaret D. BENNETT, and are each the owner of the undivided one eleventh (1/11) of said real estate. That plaintiffs Elizabeth WYATT, Janetta HAPPENNY, and Margaret Alice STONEBURNER, are the daughters respectively of said Margaret D. BENNETT, Dec. and are each the owner of the undivided one eleventh part of said Real Estate. That plaintiffs Ollie M. MILLER and John J. WITTY are the children and only heirs at law of a deceased daughter of said Margaret D. BENNETT .....(unreadable).... eleventh (1/11) part of said estate. That defendant Isaac H. DONHAM is a son of said Elizabeth D. BENNETT (sic), Dec. and is the owner of the undivided one eleventh (1/11) of said realty. That defendant Melissa D. JAMES is a daughter of said Elizabeth D. BENNETT (sic) and entitled to a like interest with the other heirs aforesaid. That since the death of Margaret D. BENNETT, said Melissa D. JAMES has acquired by purchase and conveyance the respective interests held by James L. DONHAM and Robert L. DONHAM, two sons of said Margaret D. BENNETT, dec., and she is now owner of the undivided three-eleventh (3/11) of said real estate. The defendant Oliver JAMES is the husband of defendant Melissa D. JAMES and is made a party hereto to answer as to any interest he may claim or assert to said real estate. Plaintiffs prays for a partition of the Real Estate above described and that the interest belonging to each of the plaintiffs herein be set off in severalty to such plaintiff, and they pray all other and proper relief in the premises. Halliday & Byrd. Attorneys for Plaintiffs. !LAND: "In Clerk's Office. Order Book 42, page 12. Clay Circuit Court, June Term 1896, second day June 2. John S. DONHAM, Elizabeth WYATT, Nathaniel DONHAM, Janetta HAPPENNY, Ferdinand L. DONHAM, Margaret Alice STONEBURNER, Ollie M. MILLER, John J. WITTY. #16306 vs. Partition Oliver JAMES, Melissa D. JAMES, Isaac H. DONHAM." Text: "Comes now the plaintiff by Holliday & Byrd their attorneys and show to the court the summons issued herein with the Sheriff's return endorsed thereon from an inspection of which the court is satisfied that defendants each have legal notice of the pendency of this cause by process issued by the Clerk of this court and served by the Sheriff of Clay County more than ten days prior to the first day of this term. And now on motion of the attorneys for the plaintiff the defendants, Oliver JAMES, Melissa D. JAMES, and Isaac H. DONHAM are each by the Sheriff thrice audibly called in open court and come not but each wholly make default herein. And this cause coming on for trial on said default is submitted to the court without the intervention of a jury and the court having heard the evidence adduced finds that the parties hereto except the defendants, Oliver JAMES his heirs, assigns of heirs of Margaret D. BENNETT deceased are the owners in fee and tenants in common of the real estate described in the complaint herein to-wit: The N.1/2 S.W.1/4 N.E.1/4 Sec. 20 T.11 R.7 containing 20 acres also ten acres of uniform width off the east side of the N.W. 1/4 N.E.1/4 said section; also N.1/2 S.E.1/4 N.W. 1/4 said section, containing 20 acres more or less also N.E.1/4 N.W.1/4 of said section except ten acres off the east side. In all 80 acres more or less, all in Clay County, Indiana. That the plaintiff, John S. DONHAM, Ferdinand DONHAM, Nathaniel DONHAM, Elizabeth WYATT, Jannetta HAPPENNY, and Margaret Alice STONEBURNER and defendants Isaac H. DONHAM are the owners of 1/11 each thereof. That plaintiff Ollie M. MILLER and John J. WITTY are jointly the owner of 1/11 thereof and that the defendants Melissa JAMES is the owner of @/11 thereof, that defendant Oliver JAMES is the husband of the defendant Melissa D. JAMES and has no interest in said land other than as such, and that each of the plaintiffs and defendants are entitled to have their respective interest in said lands set off to each of them in severalty except Ollie M. MILLER and John J. WITTY whose interest are to be set off as tenants in common. It is therefore adjudged and decree by the court that each of said plaintiffs to-wit: John L. (sic) DONHAM, Ferdinand L. DONHAM, Nathaniel DONHAM, Elizabeth WYATT, Jannetta HAPPENNY, and Margaret Alice STONEBURNER have set off to them each in severalty the 1/11 in value of said lands. That plaintiffs Ollie M. MILLER and John J. WITTY have set off to the @@@ as tenants in common the 1/11 @@@ in value thereof of said land. That defendant Melissa D. JAMES have set off to her in severalty the 3/11 part in value thereof and that defendant Isaac H. DONHAM have set off to him in severalty the 1/11 part in value thereof and that Oscar O. VanCLEVE, William A. CONNELY, and Perry S. MORGAN are hereby appointed as commissioners to make said partition with order to report at the present term of this court and day is given. Record @@@@ and signed in @@@ court June @@@ 1896. @@@@@@@@@@@@@@@@@@@. !LAND: Deed Record 63, page 563. John S. DONHAM, Elizabeth WYATT, Nathaniel DONHAM, Jannette HAPPENNY, Ferdinand DONHAM, Margaret Alice STONEBURNER, Ollie M. MILLER, John J. WITTY. No. 16306- vs. Partition. Oliver JAMES, Melissa D. JAMES, Isaac H. DONHAM. Partition. Date 19 Jun 1896. Acknowledged on 22 Oct 1896. Recorded on 23 Jul 1896. Description: Come now Oscar O. VanCLEVE and Perry A. MORGAN two of the Commissioners heretofore appointed by the Court to make partition of the Real Estate of which Margaret D. BENNETT, died seized to-wit: The N.1/2-S.W.1/4-N.E.1/4-20-11-7, 20 acres, more or less. Also ten (10) acres of uniform width off the East side of @@@@@@@@@@@@@@@@@@ Also other lands. We set off and assign to Isaac H. DONHAM, the following. Commencing at the North East corner of the W.1/2-@.E.1/4 20-11-7, thence running South Fifty (50) rods, thence West Twenty (20) rods, thence North Fifty (50) rods, thence East (20) rods to the place of beginning, containing 6.19 acres, more or less, being equivalent in value to his 1/11 interest in all the lands partitioned in this action. We set off and assign to Melissa D. JAMES the following described Real Estate, commencing at a point fifty (50) rods South of the North East corner of the W.1/2-N.E.1/4,20-11-7, thence running South Seventy two (72) rods, thence west fifty-nine (59) rods, thence north (42) forty-two rods, thence east thirty-nine (39) rods, thence North thirty (30) rods, thence east twenty (20) rods to the place of beginning, containing 18.57 acres, more or less, being equivalent in value to her 3/11 interest in all the lands partitioned in this action. And we set off and assign to Ferdinand L. DONHAM the following real estate commencing at a point fifty-nine (59) rods west of a point eighty (80) rods south of the northeast corner of the W.1/2-N.E.1/4-20-11-7, @@@@@@@@ west twenty-four (24) rods, thence south forty-two (42) rods, thence east twenty-four (24) rods, thence north forty-two (42) rods to the place of beginning, containing 6.19 acres, more or less, equivalent in value to her 1/11 interest in al the land partitioned in this action. A map of the land thus partitioned is attached hereto and made a part of this report. All of which is respectfully submitted for the action and approval of the court. Oscar O. VanCLEVE. Perry A. MORGAN. Acknowledged before Ira HOLLAND, Clerk, Clay Circuit Court. 17 Jun 1896. Which report is now by the Court approved. It is therefore adjudged and decreed by the court that Isaac H. DONHAM have and hold in severalty in fee simple of said lands, the following described tract, (same as set off to him in Report). That Melissa D. JAMES have and hold of said lands the fee simple in severalty of the following described tract (same as set off to her). That Ferdinand L. DONHAM have and hold of said lands in severalty in fee simple the following described tract (same as set off to him). It is further adjudged that the plaintiffs and defendants pay the costs of this action pro rata as their interest may appear. Record read and signed in open court, this 20 day of June 1896. S.M. McGREGOR, Judge, 15 Judicial Circuit Court. Record collected and typed up by Scott Trimble, 29 Oct 1994