Monday, August 10, 2015

Robert Irwin vs James A. I. Lowes, Chancery Records #13, page 444 for Warren County, Ohio. James Irwin died 1845 leaving Robert Irwin, Mary Lowes, Jane Whitacre. Mary Lowes left children: James A.I. Lowes, Nancy C,, wife of William Cook; Mary Jane, wife of Eliphalet Stevens; Sarah Ann Lowes and Margaret J., Mary E. and Sarah A. Whitaker; and more.

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On the 5 July 1849, Robert Irwin of Warren County, Ohio files petition for partition in Warren County, Ohio. The petition states that four years ago his father, James Irwin of Butler County, Ohio left a last will and testament leaving to property to his son, Robert Irwin and heirs of his deceased daughter,  Mary Lowes and to the heirs of his deceased daughter Jane Whitacre to be equally divided between the land in Section 27, Township 4, Range 2 in Warren County, Ohio.  James Irwin made a lease upon the property to his grandson, William Cox Irwin which expires 1 March 1851 with an outgoing crop of wheat of 18 acres. Mary Lowes left the following named children as heirs at law: James A.I. Lowes, Nancy C. Cook late Lowes, wife of William Cook, Mary Jane Stevens, late Lowes, wife of Eliphalet Stevens, Sarah Ann Lowes, and Lydia Scott, late Lowes, wife of James Scott all of Warren County, Ohio.  Also Jane Whitaker, left the following named children heirs at law, Sarah Whitaker her daughter of Warren County, Ohio and William M. Whitaker, Margaret J. Whitaker, Mary E. Whitaker and Sarah A. Whitaker all in Miami County, Ohio and being minor children and heirs of James J. Whitaker, deceased son of James Whitaker deceased June Whitaker deceased and Robert S. Whitaker and David Newton Whitaker of Miami County, Ohio being minor son and heirs at laws of William M. Whitaker deceased another son of said Jane Whitaker deceased and Martha F. Morrow of Miami County, Ohio an infant and only heir at law of Mary Morrow deceased, late Mary Whitaker.  Robert Irwin was advised and believe that Sarah Whitaker ahs sold and conveyed her interest in the said property to her cousin, William Cox Irwin and that Stevens and wife and Scott and wife have sold and conveyed their interest in the said property to James Patterson.  And as property should be divided, subject to the lease with William Cox Irwin, amongst the several persons entitled and can only be properly done by court that justice may be done.
The property is located next to John Lowes land containing 99 1/4 acres and Peter Tetrick’s land to Jonathan Whitakers'’ land.
21 August 1849, personal appeared in Court of Common Pleas, Warren County, Ohio, Joseph W. White the publisher of Thoughts of Eagles a newspaper printed in Lebanon, Warren County, Ohio and of general circulation in Warren County, Ohio stated that the amended advertisement was published in his paper for six consecutive weeks immediately proceeding the 20 August 1849.
On 5 July 1849 the order for partition was made. On 13 September 1848, the sheriff of Warren County, Ohio came back to court stating the land could not be partition with causing injury to it’s value.  The sheriff appraised that the land at $31 per acre subject to the lease of William Cox Irwin. William Cox Irwin appeared in court and stated that he would elect to take the property at it’s appraised value.  The continued that petition until next term in court on 6 November 1849 with final decree that William Cox Irwin would purchase the land at appraised vale and given a deed to the land. The estimated the total value of the land to be $3,620.48.  William Cox Irwin paid $50.21 to the clerk of court for court cost, and he paid his father, Robert Irwin $1,191.45. William Cox Irwin paid the clerk of the court, $893.60 being the balance of the purchase of the land.
William Cox Irwin was to pay to William M. Whitaker, Margaret J. Whitaker, Mary E. Whitaker and Sarah A. Whitaker each, on the legal guardians of such of them are minors. the sum of $74.46.
To Robert S. Whitaker, David N. Whitaker, each, on to his legal guardian, if they are minors, the sum of $148.90.
To Martha F. Morrow, on her guardian if she is minor, the sum of $297.86.
William Cox Irwin paid to James Paterson and his wife, Jane Patterson the sum of $1,200.00 in consideration for quick claim of their land. 
On 15 October 1849, James Patterson and his wife, Jane Patterson acknowledged that William Cox Irwin did pay them for their property in present of Warren County, Ohio sheriff.
James A.I. Lowes and his wife, Cynthia Z. Lowes testified that James Patterson and his wife, Jane Patterson paid him $233.63 for their interest in the land.
James Scott and his wife, Lydia Scott of Warren County, Ohio were paid by James Patterson  the sum of $34.58 for their interest in the land. 
William Cook and his wife, Nancy Cook, and Eliphalet Stevenson and his wife, Mary Jane and Sarah Ann Lowes for sum of $700.89 paid by James Patterson for their interest in the land, give a receipt and statement on 23 July 1849. 
Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 1
Error in the transcript of this record. It should read Robert Irwin vs. James A.I. Lowes and other.

Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 2Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 3Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 4Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 5Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 6Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 7Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 8Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 9Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 10Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 11Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 12Robert Irwin vs James A.I. Lowes and other 1849  Warren County, Ohio 13

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