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Montgomery County Ohio Chancery Court Record

Transcription submitted 8 June 2003 by Debra (Patterson) Clark
who is a descendant of "Shaker" John Patterson and his son John Jr. and his son John Milo Patterson

The following was transcribed from Bk E-1, pg. 196, Montgomery Co., Common Pleas Chancery Court record.


September Term 1837

Proceeding in Chancery before the court of Common Pleas within and for the county of Montgomery and State of Ohio on the sixth day of October Anas Domini one thousand eight hundred and thirty seven in a certain cause wherein.

Nathan Sharp, Lewis Valentine, Henry Valentine, and Ithamar Johnson Petitioners
vs.
George Patterson & Others Defendants

Be it remembered that on the sixth day of September Anas Domini one thousand eight hundred and thirty two the said complainants filed in the Clerk's office of said court of Common Pleas, their petition in Chancery, closed in the words and figures following to wit:
To the Honorable George B. Holt, President Judge of the First Judicial circuit of Ohio, and his associates for the county of Montgomery in Chancery sitting at September Term eighteen hundred and thirty two.
Humbly complaining showeth unto your Honor your orators Nathan Sharp, Lewis Valentine, Henry Valentine and Ithamar Johnson would represent that John Patterson and Phoebe his wife on the 27th day of August eighteen hundred and eleven conveyed all that tract or parcel of land known by its description in the survey on General Land Offices of the United States, as the south East quarter of Section numbers
fourteen in the second Township and seventh in the Range between the Miami rivers containing one hundred and fifty nine acres and 44/100 of an acre lying in the county of Montgomery and state of Ohio to John Huston and Amos Valentine and which deed is hereto annexed marked "A", and which your orators pray may be taken as a part of the complaint and your orators would also represent that John Huston and Amos Valentine (the Grantees in the first above deeds referred to) on the twenty second day of July eighteen hundred and thirteen conveyed in fee the above described land to Peter Pease, John Wallace, and Nathan Sharp, Deacons or Trustees of the church or community of Believers (otherwise called Shakers) at Union village in the township of Turtle creek in the county of Warren and state of Ohio, for and in consideration of the sum of nine hundred and fifty six dollars and which, your orators refer as part of their complaint. And your orators would further, also represent that George Patterson, the heir at Law of John Patterson the grantor to Huston and Valentine instituted an action of Ejectment in the court of Common Pleas for Montgomery, Ohio, in the name of John Doe on the demise of George Patterson against Richard Roe defendant, to which declaration in ejectment the said Pease, Wallace and Sharp were made defendants in the place of the said Roe and who entered into the common consent rule. And your orators would also state that said action of ejectment was finally heard and decided by the Supreme court in Bank at Columbus during the December Term eighteen hundred and thirty one, that said court in Bank found the Law arising upon the facts agreed upon between the participants in said action of ejectment was with the plaintiff and further found the said defendants guilty of the trespass and ejectment hereof the said plaintiff had complained against them. And assess the damages of the plaintiff by him thereof sustained at six cents and as well more fully appear by reference to certificates of the Clerk of said court in Bank, hereto subjoined marked "C" And your orators further represent, that on the final argument and hearing on said action of ejectment by said court in Bank, the only legal defect in the title of the defendants by them offered in evidence was that want of another witness to the deed from John Patterson and wife to Huston and Valentine, that deed being witnessed by Benjamin Van Cleve only, and not otherwise witnessed or attended. And your orators further state, that they have long since paid the said, John Patterson or his heirs at Law the first and entire consideration which was to be paid for said premises in the declaration in ejectment mentioned. And your orators would state that the said John Patterson and Phoebe his wife are dead, and that George Patterson the said plaintiff in ejectment, who resides in the state of Illinois, Samuel Patterson who resides in Miami county, Ohio, William Patterson who resides in Montgomery county, Ohio, Eunice Patterson who resides in Warren county, Ohio; Jane Patterson the wife of James Patterson, deceased, who was the son of the said John Patterson Peggy Patterson and James A. Patterson, who are children of said James deceased, and heirs of said John who resided in Montgomery county, Ohio and John Patterson, child of said James deceased and heir of said John of Hamilton county, Ohio, and of James Patterson, deceased, who was the son of said John Patterson; Peggy Patterson and James A . Patterson, who are children of said James deceased, and heirs of said John who resided in Montgomery county, Ohio; and John Patterson, child of James, deceased, and heir of said John of Hamilton county, Molly Irene Patterson, also a child of said James, and heir of said John Patterson of the state of Illinois. And Phoebe Stuart, daughter of Peggy and heir of said John of Warren county, Ohio,. And Adam McPherson and Phoebe his wife, children of Archibald Steele and Polly his wife, late Polly Patterson and John P. Steele, child of the same & heirs of said John Patterson of Clark county, Ohio, and James W. Steele of Union county, Ohio, and Joseph S. Steele of Indiana; children of the said Archibald and Polly, and heirs of said John Patterson. And that John Patterson Jur. deceased, son of John Patterson, the said grantor left the following children and heirs of said John Patterson his father, to wit: Glasgow and Julia Ann His wife, late Julia Patterson, William Kelly and Jane his wife, late Jane Patterson, David S. Patterson, William S. Patterson, George W. Patterson, James H. Patterson, of lawful age and John Patterson, Susannah Patterson, Martha Patterson, and Mary Patterson, minors, under age, and all of whom reside in the state of Indiana, and Culbertson Patterson of Montgomery county, are heirs at law of him the said John Patterson and Phoebe his wife, the original grantors to Huston and Valentine and all of whom your orators pray may be made defendants to this file of complaint. And your orators would further charge that the said action of ejectment is remanded to the court of Common Pleas for execution, and that the costs in said action of ejectment is $38.06. And your orators would further show to your honors, that the vouchers herewith accompanied marked CDEET &G are expayment to the term of the original contact between the said grantor & and Huston and Valentine, to which said exhibits your orators refer and pray that they may betaken as part of the bill of complaint. Your orators would further show that the whole of the purchase money for said tract of land has been paid thus by said Huston & Valentine, as they have been informed and verily believe and that the vouchers and payments herein above referred to together with a certain sum in hand paid to said John Patterson, at the date of his deed above referred to marked "A" make up the consideration mentioned in said deed. Said tract of land lies in Montgomery county, Ohio, and is occupied at this time by a society or community called commonly Shakers, by whose rules established and long adhered to, the real estate and personal, owned and occupied by them is vested in certain individuals denominated Deacons or Trustees, who preform all the duties of buying, selling the necessary to a prudent management of the temporal concerns of said society. That the legal title to said tract of land is now vested in your orators Nathan Sharp and Lewis Valentine, who, as to said property, are the acting Deacons or Trustee for said society, by deeds, duly executed, which they are ready at any time to exhibit to this honorable court. Your orators would further show that the said George Patterson is the only one of the children of said John Patterson deceased, who claims any portions of said tract of land, so far as they know or believe, & that he is only entitled (if at all) to one ninth part of the same as heir at law of his said father. But your orators expressly charge that inequity he is not entitled to anything whatever, either in land or money arising out of the sale aforesaid made by his father. But now so it is, may it please your honors, the said George Patterson confederating with others at present unknown to your orators (but whom when discovered they pray may be made defendants hereto) have to defraud and injure your orators, and those whose interest they represent, as your orators are informed and believe is about to issue a wit of habeas fascias possessionem to obtain possession of said land. All of which is contrary to equity and good conscience and tends manifestly to the injury of your orators. In tender consideration whereof and inasmuch as your orators are toes are nomediless at law and can only be relieved in the premises by the equitable interference of this honorable court. To the end therefore that said defendants may each under his or hers corporal oath, fulfill and perfect envies make to all the allegations of the bill & that your honors the premises being considered, would and decree that the defendants, heirs at law of said John Patterson deceased shall by deed duly executed convey said premises to your orators, Deacons or Trustee of said Society, according to the rules of said society as set forth herein and that your honors would grant your most gracious wit of Injunction to stay all further proceedings in said action of ejectment until the final hearing of this cause and your wit of Subpoena and such other and further relief as may be decerned equitable and just- And is in duty bound they ever will be.
Corvin & Lowe Sol. pro Queans Nathan Sharp
The state of Ohio
Montgomery county} SS. Personally appeared before me the undersigned clerk of the court of Common Pleas for the county aforesaid, Nathan Sharp, who being duly sworn saith that the facts contained and set forth in the aforesaid bill so far as they are stated and set forth from the personal knowledge of this deponent are true; and that so far as they are stated as depending upon the information of others he believes them to be true- and further saith not.Subscribed and sworn to..
in open Court E. R. Greene Clk} Nathan Sharp Endorsed
Injunction allowed on Complainant giving bonds to respond in damages in $500 with honesty.
Exb 2A This Indenture made the twenty seventh day of August in the year of Lord one thousand and eight hundred and eleven between John Patterson and Phoebe Patterson his wife of Montgomery county of the state of Ohio of the one part and John Huston and Amos Valentine of the other part witnesseth, That the said John Patterson for and in consideration of the sum of nine hundred and fifty six dollars and fifty cents lawful money of the United States to them in hand well and truly paid by the said John Huston and Amos Valentine the receipt whereof is hereby acknowledged have granted, bargained, sell, conveyed and confirmed and by these presents do grant, bargain sell, convey and confirm unto the said John Huston and Amos Valentine and their heirs and assignees forever, All that tract or parcel of land known by its description on the surveyor General's and Land offices of the United States at the South East quarter of Section fourteen in the second township & seventh entire Range between the Miami rivers, containing agreeably to there turns in the Surveyor General's office one hundred and fifty nine acres and forty four hundrethths lying within the county of Montgomery aforesaid And all the estate right, title, interest, claim and demand of them the said John Patterson and Phoebe Patterson of in and to the said premises hereby granted, and every part thereof together withal and singular the rights, members, privileges and appearances to the same belonging or in any wise appertaining and the rents issues and profits thereof to have and to hold the said quarter section hereby bargained and sold or meant or intended so to be with the appearance tenancies to the only proper use and behoof of the said John Huston and Amos Valentine and their heirs and assigns forever. And the said John Patterson and Phoebe Patterson for themselves and their heirs, executors and administrators do convert, grant and agree to and with the said John Huston and Amos Valentine and their heirs, executors and administrators and assigns, that they are the true and lawful owners of the premises hereby granted, and have good rightful power and authority to sell and convey the same in manner and form aforesaid: And further, that they, the said John Patterson and Phoebe Patterson and their heirs executors & administrators will warrant and forever defend the aforesaid promises with their appartenances and every part and parcel thereof unto the said John Huston and Amos Valentine and their heirs and assigns against all person claiming onto claim by from or under them or any of them or by , from or under any other person or persons whatsoever. In witness whereof the said John Patterson and Phoebe Patterson have hereunto set their hands & seals the day and year first above written.
Seated and delivered in John Patterson seal
his
presence of B. Van Cleve} Phoebe X Patterson seal
mark
The state of Ohio
Montgomery county} SS. Before me Christopher Curtonier one of the Justices assigned to keep the peace for and within the county aforesaid came John Patterson and Phoebe his wife and (the said Phoebe being examined separately, secretly and apart from her husband, and declaring herself under no coercion or compulsion) did acknowledge the above instrument to be their voluntary act and deed for the uses and purposes therein contained. Given under my hand and seal the twenty seventy day of August one thousand eight hundred and eleven. Christopher Curtnes J.P.
Endorsed. Entered for record Aug 27th 1811. Recorded 3 Jan 1812 in Book B-1 pages 434 and 435 David Reid R. M. County Endorsed I admit the signatures of Benjamin Van Cleve within to be genuine
II Tenn Atty for Pattersons
To be admitted in evidence on the hearing July 19, 1836 H. Stoddard for Patterson
Exhibit "B" This Indenture made this twenty second day of July in the year of our Lord (Exb.2 B.) eighteen hundred and thirteen between John Huston of the county of Montgomery and state of Ohio. Amos Valentine of the county of Warren and state aforesaid of the one part, and Peter Pease, John Wallace and Nathan Sharp, Deacons or Trustees of the church or community of Believers (otherwise called Shakers) at Union Village in the township of Turtle creek, county and state aforesaid of the other part witnesseth, that the said John Houston and Amos Valentine, for and in consideration of the sum of nine hundred and fifty six dollars to them in hand paid, the receipt whereof they do hereby acknowledge and forever acquit and discharge the said Peter Pease, John Wallace and Nathan Sharp and their successors, hath granted bargained sold aligned and confirmed, and by these presents doth grant bargain sell alien and confirm unto the said Peter Pease, John Wallace and Nathan Sharp, Deacons or agents acting for and in behalf of the church aforesaid and their successors forever, all that tract or parcel of land lying and being in the county of Montgomery aforesaid being the South East quarter of section fourteen in the second Township and seventh entire Range between the Miami Rivers containing one hundred and fifty nine acres and forty four hundredths to have and to hold the said Peter Pease, John Wallace and Nathan Sharp and their successors an assigns forever to the only proper use and behoof of the said church or community and to be and remain inviolably in the possession and at the disposal of the deacon ship of said church and their assigns in a line of successions forever according to the covenant of said church bearing date, January fourteenth one thousand eight hundred and twelve. And the said John Houston and Amos Vallentine their heirs, executors and administrators doth covenant, promise and agree to and with the said Pater Pease, John Wallace and Nathan Sharp and their successors and aforesaid by these presents, that the premises before mentioned now and forever hereafter shall remain free of and from all former and all other gifts, grants, bargains, sales, dowers, titles, troubles and encumbrances whatever done or suffered to be done by them the said John Houston and Amos Valantine, and the said John Houston and Amos Valentine and the said John Houston and Amos Valentine and their heirs, all and singulars with the premises hereby bargained and sold, with the appartentances unto the said Peter Pease, John Wallace and Nathan Sharp and their successors in office and assigns against them the said John Houston and Amos Valantine and their heirs, and all and every other person or persons whatsoever doth and will warrant and forever deferred by these presents. In witness whereof the said John Houston and Amos Vallantine have hereunto set their hands and seals this day and year first above written. John Huston Seal
In presence of Geo. Grove Amos Vallantine Seal
John Folkerth
The State of Ohio
Montgomery county} SS. Before me John Forkerth a Justice of the peace within and for the county aforesaid personally came John Huston and Amos Vallantine the within named Grantors, and acknowledged that within instrument of writing to be their voluntary act and deed for the uses and purposes therein contained. Witness my hand and seal this twenty second day of July in the year of our Lord one thousand eight hundred and thirteen.
Received July 22nd, 1813 Endorsed
Recorded July 30th 1813 in book C pages 153 and 154
Joseph H. Cranes R. M. C.
Exhibit "C" May 9th 1816 rec.d of Nathan Sharp seventy dollars in full of the estate of my father John Patterson wherewith I am content as witness in hand, Wm. Patterson for Samuel Patterson
Exhibit "D" Watervliet Dayton township, Montgomery county, Ohio State. November 27th 1817. Received this day at the hand of Peter Pease a trustee for the people commonly called Shakers;
One bay horse @ $100.00
one bay horse with a blaze in his face @ 90.00
one Brindle cow with a white face and belly @ 20.00
one red cow @ 20.00
one two year old horse or gelding @ 70.00
________ $300.00
The above property being the full amount of my share on legacy of my father John Patterson's estate delivered to me to my full satisfaction. Test. James Patterson Culbterson Patterson
I certify that I received of the estate of my father John Patterson now deceased by the hands of Amos Valentine and John Huston one hundred and sixty five dollars the full amount that my said father John devised to me on the sales of his farm in Montgomery county, Ohio, to the said Amos and John which I believe to my equal dividend of said estate and with which I am fully satisfied. Witness my hand this 19th day of July 1828.
Attes; Archibald Ferbrike, Eunice Patterson
Watervliet August 16th 1815. This day received of the estate of John Patterson by the hand of John Wallace one hundred dollars. Witness my hand Samuel Patterson
Oct. 26th 1814. Rec.d of my father John Patterson by the hand of Nathan Sharp thirty dollars as a part of the estate of my said father. Witness my hand. Samuel Patterson.
And afterwards to wit, at the Term of September Anas Domini one thousand eight hundred and thirty two, It appearing to the satisfaction of the court that George Patterson and Molly Irene Patterson two of the above defendants, reside in the state of Illinois and that Joseph S. Steele, Mr.Glassgow & Juia Ann his wife late Julia Ann Patterson, David S. Patterson, William S. Patterson, William Kelly and Jane his wife, late Jane Patterson, George W. Patterson, John Patterson, Susannah Patterson, Martha Patterson and Mary Patterson, other defendants in the above cause, reside in the state of Indiana, the Court therefor order, that notice of the pendency of the petition, containing a summary statement of the object and prayer thereof be published six consecutive weeks in the Dayton Journal and advertiser, a newspaper printed at Dayton in the county of Montgomery and the Court do further order that subpoenas in Chancery issue against the other defendants named in said bill residing in the state of Ohio, returnable to the next Term of this Court.
And thereupon this cause is continued until the first term of the year eighteen hundred thirty three.
SUBPOENA In pursuance whereof subpoenas were issued on the ninth day of November eighteen hundred and thirty two closed in the words and figures following.: The State of Ohio, Montgomery county ss. To the Sheriff of Hamilton county Greetings: We command you to summon John Patterson if in your bailiwick to appear before the Judge of our county of Common Plea, at the court house in Dayton, on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against him (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson in this he is not to fail under the penalty of one thousand dollars. And have then there this writ. Witness the Honorable George B. Holt Esq. President of our said Court at Dayton this 9th day of November A.D.
C.R. Greene Clk.
RETURN Not found in my county. 08 Dec. 1832 E. Hulsa Sh. H. Mc Dougal Dpy.
The state of Ohio, Montgomery county ss. To the Sheriff of Warren County, Greeting. We command you to summon Eunice Patterson and Phoebe
Stuart if they may be found in your bailiwick, to appear before the Judges of our Court of Common Pleas at the court house in Dayton on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against them (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this they are not to fail under the penalty of one thousand dollars. And have you then there this writ. Witness the Honorable George G. Holt Esq. President of our said Court at Dayton this ninth day of November A.D. 1832 C. R. Greene Clk.
RETURN 1832 Dec. 22nd. I served the within writ by delivering a copy there of to each of the within named defendants, Eunice Patterson & Phoebe Stuart.
John M. Huston Sheriff Warren Co.
The state of Ohio, Montgomery county ss: To the Sheriff of Miami county, Greeting: command you to summon Samuel Patterson if he may be found in your bailiwick, to appear before the Judges of our Court of Common Pleas at the court house in Dayton on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against him (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this he is not to fail under the penalty of one thousand dollars. And have you then thence this writ. Witness the Honorable George B. Holt Esq. President of our said Court at Dayton this ninth day of November A.D. 1832 C. R. Greene Clk.
RETURN February 26, 1833. This writ was served by reading. John Phidales Shff Miami C.
The State of Ohio, Montgomery county ss. To the Sheriff of Montgomery county Greetings: We command you to summons William Patterson, Culbertson Patterson, Jane Patterson (Widow of James Patterson dec.d) Peggy Patterson and James M. Patterson, If in your bailiwick to appear before the Judges of our Court of Common Pleas at Dayton Court House on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against them (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this he is not to fail under the penalty of one thousand dollars. And have you then thence this writ. Witness the Honorable George B. Holt Esq. President of our said Court at Dayton this ninth day of November A.D. 1832
Endorsed Injunction allowed and bond given in the sum of $500.
Chas R. Greene Clk.
9th November 1832. James Brown Shff.
The State of Ohio, Montgomery county ss: To the Sheriff of Union County Greeting: We command you to summon James M. Steele if he may be found in your bailiwick to appear before the Judges of our Court of Common Pleas at Dayton Court House on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against him (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this he is not to fail under the penalty of one thousand dollars. And have you then thence this writ. Witness the Honorable George B. Holt Esq. President of our said Court at Dayton this ninth day of November A.D. 1832 S.S. C.R. Geeene Clk.
Endorsed. Served Nov. 27, by reading Calvin Ningst shff. U. C.
The State of Ohio, Montgomery county ss: To the Sheriff of Clark county Greeting: We command you to summon Adam McPherson and Phoebe MacPherson his wife late Phoebe Steele, and John P. Steele if they may be found in your bailiwick to appear before the Judges of our Court of Common Pleas at Dayton Court House on the first day of next Term (First Term 1833) to answer a bill in Chancery exhibited against them (and others) by Nathan Sharp, Lewis Valentine and Ithamar Johnson. In this he is not to fail under the penalty of one thousand dollars. And have you then there this writ. Witness the Honorable George B. Holt Esq. President of our said Court at Dayton this ninth day of November A.D. 1832 C.R. Geeene Clk
Endorsed. Springfield Clark county. Sheriff's office rec.d this out of post office Jany. 4th 1833 served this on A. McPherson and John P. Steele by reading each of them a copy of this writ and on Phoebe McPherson late P. Steele by leaving a copy at her residence in the same day. Wm. Berry Shff. C.C.
And afterwards to wit, at the first term being March Term First T. 1833 Anas Domini one thousand and eight hundred and thirty three. Notice of the pendency of this petition & according to the order of this court at their last Term was proved; and it was ruled that defendants file their answer. Whereupon
CONTINUED This cause was continued until the next May Term. And afterwards to wit, in the next term of May 1833 in the year of our Lord one thousand eight hundred and thirty three.
CONTINUED Sept T 1833 This cause was continued until next September Term.
And afterwards, to wit in the Terms of September eighteen hundred and thirty three Henry Stoddard appeared in court and entered an appearance for James H. Patterson a defendant and rule for answer ordered whereupon.
CONTINUED This cause was continued until the First Term of the year one thousand eight hundred and thirty four.
And afterwards, to wit on the twentieth of March eighteen hundred and thirty four Culbertson Patterson, Samuel R. Patterson and William Patterson filed their answer closed in the words and figures following to wit: The joint and several answers of Culbertson Patterson, Samuel R. Patterson and William Patterson, three of the defendants to the bill of complaint of Nathan Sharp, Lewis Valentine and Ithamar Johnson- These defendants saving and reserving to themselves and each of them, all and all manner of benefit and advantage of exception to the many old errors, uncertainties, misstatements and imperfect in said plaintiff's bill of complaint contained for answer thereto the severally answering, say-- that they admit the execution by said John Patterson and Phoebe his wife to John Huston and Amos Valentine of the South East quarters of Section 14 in township 2 and range 7 between the Miami rivers and that it was executed at the time mentioned in said bill, viz on the 27th of August 1811-- These defendants also admit the conveyance of the same land from said Huston and Valentine to Peter Pease, John Wallace and Nathaniel Sharp, Deacons or Trustees of the community of Believers, otherwise called Shakers as stated in said bill. These defendants also admit that George Patterson instituted an ejection against said Pease, Wallace and Sharp for the recovery of said land and persecuted the same to final decisions as stated in said bill, but these defendants do not admit that the only ground of said decision was the of subscribing witness to the writing marked. "A" as stated by complainant in said bill, but they say there were other good reasons as they believe for said decisions-- These defendants deny the allegation in said bill that said complainant have long since paid the said John Patterson, or his heirs at law the full and entire consideration which was to be paid for said premises. And further deny that said premises, to either said John Patterson or his heirs at law(except as herein after stated). These defendants say that said land was worth at the time when said Huston and Valentine entered into possession of the premises, viz, in the month of August 1811 in their estimation and according to their judgment and belief, ten dollars an acre or sixteen hundred for the whole of said quarter section.-- These defendants further say that about the same time viz the month and year last aforesaid, said Huston and Valentine as Deacons or Trustees as aforesaid came into possession of the personal property of their father said John Patterson consisting in part of the following articles, which were severally worth in the estimation and according to their judgment and belief the prices annexed to them respectively: one Sorrell horse worth $ $45.00
one bay horse colt $60.00one brown mare $75.00 Roan mare $55.00 $130.00
5 Cows $60.00
6 head of young cattle $30.00
20 head of sheep $30.00
20 hogs worth $50.00
One four horse wagon and harness $120.00
One log chain $4.- one plough $7(large) $11.00
One small plough $4- 1 pr stretchers $2. $6.00
Five beds, bedsteads and bedding $125.00. 1 bureau $15.00 $140.00
1 falling leaf table $7- 1 desk $10- 1 large table $4. $21.00
Loom & weaving apparatus $20- 1 large chest $5-1 cupboard $18- $44.00
1 silver watch $20- 1 rifle gun $16- 2 spinning wheels $6 $42.00
1 large wheel $3- 4 large kettles $16- Bridle 6-4 (15. $23.00
1 woman saddle $18- 1 real $2- 1 man's saddle 10-$8 $30.00
One Harrow (Plow) $4- 1 Family Bible $5.00 a quantity of grain and hay $100.00 $109.00
_____
Amounting in all to one thousand and eleven dollars $1,011.00
That the real and personal property of said John Patterson their father of which said Deacons, trustee or Elders possessed themselves for said community, was worth at least two thousand and six hundred and eleven dollars. And defendants say that no part of the value of said property that nothing whatever was paid to their said father to their knowledge or belief that paid community through their leaders or trustee possessed themselves of said real and personal estate entirely without consideration. Defendants further say that about the same period last referred to, their father said John Patterson held a money bonds against Daniel Moore of Kentuckey for the sum of six hundred dollars which also went into the hands of said Trustees or Deacons: and defendants say that they have good reason to believe from information and they do verily believe, that said bond was good and collectable in relation to payments alleged to have been made for said land defendants say that nothing was paid to said John Patterson to their knowledge or belief at the time of said sale and said supposed conveyance, nor at any other time during his life, and as to payment having been made to his heirs these defendants say also that they have no knowledge of any payment being made on account of said and to said heirs or any of them, nor do they believe that any such payments ever was made. As to the receipts which complainants exhibit, the defendants way as follows: Said Culbertson for himself says, he was a member of the said community, that he labored faithfully for the said Community from the years 1811 until the year 1832; that while living with the Shakers under the rule of their Trustees or Elders a forehand sometime about the month of November 1827 Peter Peas one of said Trustee requested this defendant to sign a receipt for three hundred dollars purporting to be a receipt for three horses and two cows estimated at 300 dollars that he said defendant being accustomed to comply with their will as with the law signed the receipt which was prepared and presented to him by said Pease, the same that is referred to in said bill and marked "D". But the horses and cows mentioned in said receipt never were in good faith delivered to him but were kept and retained by said Trustee as a part of the common stock off said community. Defendant further says that a part of the property mentioned in said receipt marked "D" as a bay horse with a blaze in his face put down in said receipt at $90- Defendants Culbertson says further for himself that he that he knows that the Shakers aforesaid by their said Trustees obtained all the property herein before mentioned of his father said John Patterson, that at the time they possessed themselves of said real and personal property he lived with them and was abut 14 years of age, that during all the time of his residence among them from 1811 up to 1832, he never knew or heard of any payment being made to said John Patterson, or to any of his heirs for said property or for any thing else except or payments made to his brother Samuel of $200 dollars, nor does he believe that anything else has been paid in good faith. As to the receipt of the said Eunice referred to in said bill and marked "E" These defendants all say, that it was obtained of her since the commencement of the action of ejectment as its date shows, and they varily believe it was obtained without consideration, they have no knowledge, nor do they believe that Trustees paid her one dollar, but on the contrary may have good reason to believe that they paid her nothing. As to the payment made to Samuel Patterson the only other heir to whom payment is alleged to have been made, said Samuel for himself answering-- says that when he arrived at the age of twenty one years his father said John Patterson promised to give him two hundred dollars to buy land with and he admits having received that amount from his father before his death for that purpose, but denies that he received it as a payment from said Trustees or Elders for said real and personal property, and denies having received it according to the proposal of three referred to in said bill marked C.F.&G. He denies the correctness of said receipts and says that they are entirely erroneous, he denies that he himself or that any one by his authority ever receipted to said Trustees or to any other person for his share of his father's estate that it was not the understanding between himself and father that 200 dollars were to be considered as his portion. He says that when he arrived of age he told his father that he would go and do for himself, and his father replied, that he was his own man now, and could do as he pleased, that he would rather he would not go, but if he did go as he had given the other boys a piece of land he would give him a piece to be equal with them, and finally said he might as well give him the money and let him buy the land himself. And this defendant further says, that he afterwards received a part of the money from the hand of his father. These defendants further answering repeat that the said community through their officers aforesaid, have possessed themselves of the real and personal estate of their father as aforesaid together with the bond aforesaid and many years of hard labors of these defendants for all which they have paid nothing at all as these defendants believe unless the $200 dollars which said Samuel received from his father should be considered as coming from said community of which his father was a member. and these defendants further say that their father as they believe had money in his own possession which never came to the hands of said community but to what amount they do not know.- These defendants admit that said land lies in Montgomery county, but they do not admit that the legal title is in Nathan Sharp and Lewis Valentine as stated in said bill; but they believed that said Pease died and that said Wallace absconded without transferring their title to said land to any person. These defendants also deny that said George Patterson is the only one of the children of said John Patterson who claims any portion of said and say they believe that all the children of said deceased concur in said claim except said Eunice who is still a member of said community. Defendants admit that the persons named in said bill as the heirs at law of said John Patterson are truly named.
Ira I Tenn Attorney for Defendants
The state of Ohio, Montgomery county ss. Culbertson Patterson, Samuel Patterson, and William Patterson being sworn separately say that the matters and things set forth in the forgoing answer, so as stated to be within their own knowledge are true. And so far as stated to be derived from information or as of their belief they believe them to be true- and the matters and things which are therein set forth as of the knowledge or belief of them severally each for himself says that they are true. C. Patterson
Subscribed and sworn to the 19th day } Wm Patterson
of March 1834 before me- Wm Sawyer } Samuel Patterson
Justice of the peace within aforesaid county.}
Said complainants by their attorney admit the value of the personal property mentioned in the foregoing answer to be one thousand and eleven dollars as therein stated.
CONTINUED And afterwards to wit, at the First Term, being March Term Anas Domini one thousand eight hundred and thirty for this cause was continued until the next July Term.
And afterwards to wit on the fifteenth day of May eighteen hundred and thirty four the complaints by their attorney filed Exceptions to the foregoing answer, closed in the words and figures.
EXCEPTIONS following viz: Nathan Sharp & others {Exceptions to the joint and
{several answers of Culbertson,
Culbertson Patterson & Others {William & Samuel Patterson
The said complainants by their counsel Corvin & Lowe come into court here and except to the answers of Culbertson Patterson, William Patterson, and Samuel Patterson filed on the Chancery side of the court of Common Pleas for the following reasons, to wit: 1st Because the defendants who set up a claim against the grantors of their complaints for personal property possessed by them and owned prior to such possession, by John Patterson their father that said personal property was worth $1011.00 and now claim that they are entitled to compensation for the same Chancery. 2nd Because the defendants, who answers, set up a pretended claim against the Complainant by reason of a bond which their father John Patterson held on one Daniel Moore of Kentucky, and which bond was by their father put into the hands of Trustee or Deacons of the Shakers, and that said bond was collectable. For these reasons these complaints pray that so much of said answers as relates to and is upon the subject of the above object of the Bill, that the defendants remedy foreign from the object of the Bill, that the defendants remedy is at Law if indeed they claim anything for said property and bond.
July T. 1834 CONTINUED
And afterwards, to wit, in the Term of July eighteen hundred and thirty four this cause was continued until the next September Term.
Sep.r T. 1834 CONTINUED
And afterwards, to wit, in the Term of September eighteen hundred and thirty four this cause is continued until the First Term of the year one thousand eight hundred and thirty five.
First Term 1835 And afterwards to wit, in the First Term being the Term of February Anas Domini one thousand eight hundred & thirty five this cause is continued until the next July Term.
First T. 1835 And afterwards, to wit, in the First Term being the Term of February Anas Domini one thousand eight hundred & thirty five this cause is continued until the next July Term.
CONTINUED
July T. 1835 And afterwards, to wit, in the Term of July eighteen hundred and thirty five this cause was continued until the September Term.
Sep. T. 1835 And afterwards to wit, in the Term of September Anas Domini one thousand eight hundred and thirty five, the exceptions were filed to Defendants' answer are withdrawn and
CONTINUED This cause is continued until the First Term of the year one thousand eight hundred and thirty six.
First T. 1836 And afterwards, to wit, at the First Term being April Term Anas Domini one thousand eight hundred and thirty six, this cause continues until the August Term.
And afterwards, to wit, in the Term of August eighteen hundred and thirty six this cause was continued until the next November Term.
And afterwards, to wit, at the Term of November in the year of our Lord one thousand eight hundred and thirty six on motion of the Court appoint George B. Holt Guardian ad litem for John Patterson, and Susannah Patterson and Mary Patterson minor heirs mentioned in said Bill and said Guardian is ordered to file his answer on or before the first Monday of January next 1837.
And on the fourteenth day of November in the year eighteen hundred and thirty six the said minor heirs by their Guardian ad litem filed their answer closed in the words following to wit: And these defendants (Minors) by George B. Holt Their Guardian ad litem, come and say, they are infants in tender years and are strangers to all the matters and things set forth in the Complaints' Bill, consequently cannot admit or deny the matters contained therein, and pray that their rights severally may be protected and that they may be dismissed. Geo. B. Holt Guardian.
And on the said fourteenth day of November in the year last aforesaid and during the sitting of the court in the said Term of November the Complainants filed their Replication closed in the words and figures following, to wit. And the said Lewis Valentine, Henry Valentine and Ithamar Johnson come and say that the matters and things set forth in their said Bill of Complaint are true in substance and in matter of facts and that the matters and things set forth in the several answers of the said Culbertson Patterson, Samuel Patterson and William Patterson and Guardian ad litem contrary thereto are untrue, and this they are ready to make appear, as by this court shall be directed by P. P. Lowe their LOL
And thereupon this cause was continued until the First Term of the year one thousand eight hundred and thirty seven. CONTINUED
First T. 1837 And afterwards to wit, in the First Term being March in the year of our Lord on thousand eight hundred and thirty seven this cause was continued until the next July Term. CONTINUED July 1837
And afterwards, to wit, in the term of July Anas Domini one thousand eight hundred and thirty seven this cause was continued until the next September Term. CONTINUED
And now here to wit, on the sixth day of October being in the Terms of September in the year of our Lord one thousand eight hundred and thirty seven, this cause came on to be heard upon the Bill, answers, replication, exhibits and testimony and the said defendants George Patterson, Eunice Patterson, Jane Patterson, wife of James Patterson, James Patterson, Peggy Patterson, Phoebe Stuart, Adam McPherson and Phoebe his wife Mr. Glasgow and Julia his wife, William Kelly and James his wife., David S. Patterson, George W. Patterson and James H. Patterson. still failing to appear; plead, answer or demur to said Bill and was argued by counsel. On consideration whereof, is ordered and decreed: That the said Bill be taken as confessed as against the above mentioned defendants. And it is further ordered adjudged and decreed that the said Bill be taken as confessed as against the above mentioned defendants. And it is further ordered, adjudged and decreed that the injunction granted in this case, be and the same is hereby made perpetual, and that the said defendants to this Bill, as well those who have answered as those who have not within thirty days by deed; duly executed shall convey to the said Lewis Valentine, Henry Valentine and Ithamar Johnson, Deacons or Trustee of the Church or Community of Believers, otherwise called Shaker, at Union Village, Turtle creek township, Warren county, Ohio, all the estate, either in Law or Equity which the defendants to said Bill have in the premises in the said Bill mentioned, being the South East quarter of Section fourteen in the second township and seventh entire range between the Miami rivers, containing one hundred and fifty nine acres and forty four hundredths situated in Montgomery county, Ohio; and which deed the said defendants, within the time above limited shall deliver to the clerk of this Court, for the benefit and use of said Complaints. And the Court further adjudge and decree, that if the said defendants fail to make said conveyance in fee simple for the premises aforesaid within the time limited aforesaid that was and in the initial case, this Decree shall operate as such conveyance in as full and simple a manner as if said defendants had made the conveyance of the premises aforesaid. And the court further being satisfied, that Nathan Sharp, one of the Complainants, is no longer a Deacon or Trustee of said society and has on longer any interest in the controversy, order said title to pass to his co-complainants. And the Court further decree and order, that Culbertson Patterson, Samuel Patterson and William Patterson, the persons answering and defending this suit, pay the costs of this suit within sixty days or that execution issue for the same as upon judgments at Law.
Plaintiffs's costs were taxed at thirty seven dollars and four cents.
Notice of Appeal by defendants.


Text 1832

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