William Harper Irwin family in 1900's

William Harper Irwin family in 1900's
William Harper Irwin family in 1900's Back row L-R:Harry, Nora, William, Front row: L-R: Leona, Livonia, William, Ansel
Showing posts with label John Lowes. Show all posts
Showing posts with label John Lowes. Show all posts

Thursday, October 22, 2015

On 22 April 1896, Martha A. Patterson and her husband T. C. Patterson of Green County, Ohio sold their 1/6th interest in following properties to William Harper Irwin of Warren County, Ohio which included 63 1/4 acres in Tract No. 1 located in Range 2, Township 4, Section 21 in Miami Purchase of Warren County, Ohio, 160 acres located in Tract 2 located in Range 2, Township 4, Section 34 (South East quarter of section) in Warren County, Ohio. 7.91 acres in Tract 3 located in Range 2, Township 4, Section 27 (South West corner of tract) in Warren County, Ohio. 17 3/8 acres located in Range 2, Township 4, Section 33 in the Miami Purchase in Warren County, Ohio. Tract 4 which included all the tract or parcel of land being in part of Range 2, Township 3, Section 10 between the Miami Rivers, in the Butler County, Ohio. This Tract 4 is located next to boundary line to the East by Britton Irwin property and South East corner Britton Irwin property was Samuel Fox’s property and South West of Samuel Fox’s property was William S. Moore property and North of William S. Moore’s property was Furman Moore’s property. Tract 5 which included 117 acres in Range 2, Township 4, Section 27 (South West corner) in Warren County, Ohio being the same land that was devised by James Irwin late of Butler County, deceased, to Robert Irwin and others. Tract 6 which included 99 1/4 acres located in Range 2, Township 4, Section 27 (South West corner) located next to John Lowes, Peter Tetrick, and Jonathan Whitaker’s land. 17 1/2 acres in Range 2, Township 4, Section 27 (South East corner of tract) in Warren County, Ohio located next to John Lowes, Peter Tetrick, and Jonathan Whitaker’s land. 17 1/2 acres located in Range 2, Township 4, Section 27 of Miami Purchase in Warren County, Ohio located next to land formerly owned by Peter Tetrick and next to the Tetrick Plantation. Tract 8 contained 100 acres, 6 acres, 2 acres, 1 acre, and 81 1/3 acres located in Range 2, Township 4, Section 21 of Miami Purchase of Warren County, Ohio. The above described premises being intended to cover all the real estate owned by William Cox Irwin at his deceased and this deed being made to convey all the interest of Martha A. Patterson and her husband, T. C. Patterson as heirs at law to William Harper Irwin of Warren County, Ohio for $5,588.64. Witness by R.L. Van Harlinger, Notary Public of Warren County, Ohio, O.M. Bake, Abner S. Buck, Notary Public of Green County, Ohio, and Sallie Buck, as to T.C. Patterson. The record is recorded at the Recorder’s Office of Warren County, Ohio, Vol. 77, pages 205, 206, 207, 208, and 209.

 

On 22 April 1896, Martha A. Patterson and her husband T. C. Patterson of Green County, Ohio sold their 1/6th interest in  following properties to William Harper Irwin which included 63 1/4 acres in Tract No. 1 located in Range 2, Township 4, Section 21 in Miami Purchase of Warren County, Ohio,

160 acres located in Tract 2 located in Range 2, Township 4, Section 34 (South East quarter of section) in Warren County, Ohio.

7.91 acres in Tract 3 located in Range 2, Township 4, Section 27 (South West corner of tract) in Warren County, Ohio.

17 3/8 acres located in Range 2, Township 4, Section 33 in the Miami Purchase in Warren County, Ohio.

Tract 4 which included all the tract or parcel of land being in part of Range 2, Township 3, Section 10 between the Miami Rivers, in the Butler County, Ohio. This Tract 4 is located next to boundary line to the East by Britton Irwin property and South East corner Britton Irwin property was Samuel Fox’s property and South West of Samuel Fox’s property was William S. Moore property and North of William S. Moore’s property was Furman Moore’s property.

Tract 5 which included 117 acres in Range 2, Township 4, Section 27 (South West corner) in Warren County, Ohio being the same land that was devised by James Irwin late of Butler County, deceased, to Robert Irwin and others.

Tract 6 which included 99 1/4 acres located in Range 2, Township 4, Section 27 (South West corner) located next to John Lowes, Peter Tetrick, and Jonathan Whitaker’s land.

17 1/2 acres in Range 2, Township 4, Section 27 (South East corner of tract) in Warren County, Ohio located next to John Lowes, Peter Tetrick, and Jonathan Whitaker’s land.

17 1/2 acres located in Range 2, Township 4, Section 27 of Miami Purchase in Warren County, Ohio located next to land formerly owned by Peter Tetrick and next to the Tetrick Plantation.

Tract 8 contained 100 acres, 6 acres, 2 acres, 1 acre, and 81 1/3 acres  located in Range 2, Township 4, Section 21 of Miami Purchase of Warren County, Ohio.

The above described premises being intended to cover all the real estate owned by William Cox Irwin at his deceased and this deed being made to convey all the interest of Martha A. Patterson and her husband, T. C. Patterson as heirs at law to William Harper Irwin of Warren County, Ohio for $5,588.64.  Witness by R.L. Van Harlinger, Notary Public of Warren County, Ohio, O.M. Bake, Abner S. Buck, Notary Public of Green County, Ohio,  and Sallie Buck, as to T.C. Patterson. The record is recorded at the Recorder’s Office of Warren County, Ohio, Vol. 77, pages 205, 206, 207, 208, and 209.

Martha A. Patterson sold to William Harper Irwin 22 April 1896_0001Martha A. Patterson sold to William Harper Irwin 22 April 1896_0002Martha A. Patterson sold to William Harper Irwin 22 April 1896_0003Martha A. Patterson sold to William Harper Irwin 22 April 1896_0004Martha A. Patterson sold to William Harper Irwin 22 April 1896_0005

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Tuesday, October 20, 2015

James Irwin of Hamilton County, Ohio purchases 534 acres of land in Virginia Military Tract, Range 2, Township 4, Section 27 in Hamilton County, Ohio in 1796. History of Virginia Military Tract in Range 2, Township 4, Section 27 from Hamilton County, Ohio to Deerfield Township, Warren County, Ohio from 1796 to 1804.

What I learned was that James Irwin lived and purchased in Hamilton County, Ohio 534 acres of land in Range 2, Township 4, Section 27 from Clarkson Freeman which was part of the Virginia Military Lands that included all of the county east of the Little Miami.

Then in 1803, Hamilton County was split and Warren County with Deerfield Township. Now the property is in Deerfield Township, Warren County, Ohio like it is today.

James Irwin lived until he died was first Hamilton County, Ohio hence that is where it is recorded the land contract of 534 acres with Clarkson Freeman in 1796.

Then in 1804, Butler County was formed with Liberty Township. So in 1804, James Irwin was then in Liberty Township, Butler County, Ohio no longer living in Hamilton County, Ohio.

Then in 1826, Liberty Township was divided and Union Township was formed. So in 1826, James Irwin was living in Union Township, Ohio until his death in 1847.

All the early documents mentions James Irwin living in Butler County, Ohio either in Liberty or Union Townships, i.e. Census, and Tax Records.

Yes, James Irwin was mixed up with the John C. Symmes land disputes since John C. Symmes sold the entire Range 2, Township 4, Section 27 to Elias Boudinot on 5 Nov. 1798 for $853.00.

On 11 October 1811, James Irwin of Butler County, Ohio sells 30 acres in Range 2, Township 4, Section 27 (part of North 1/2 of section) to Peter Tetrick of Warren County, Ohio for $90.00.

Then 14 March 1822, James and Agnes Irwin of Butler County, Ohio sell 50 acres in Range 2, Township 4, Section 27 to David Mizner of Warren County, Ohio for $200.00.

Then on 22 November 1823, David Mizner and Jennet his wife of Warren County, Ohio sells 50 acres in Range 2, Township 4, Section 27 to James Baxter of Hamilton County, Ohio for $600.00. (Note: this James Baxter is William Cox Irwin father in-law through James Baxter's daughter Eliza Jane Baxter).

Then when James Irwin dies on 10 Feb 1847, per his will instructions the land he owned in Deerfield Township was divided among Robert Irwin (his only living child) and heirs of his grandchildren (deceased children). The problem arises that the land can not be divided equally without causing harm to it's value hence Robert Irwin vs John Lowes et al heirs.

The land by common pleas court order is sold at public auction and someone purchased it. The problem arises that James Irwin gave William Cox Irwin contract on the land to grow crops for 50 years or so. They then go back to court and William Cox Irwin purchased the land at appraised value (the same amount the other buyers paid for the land).

Then Robert Irwin by sheriff (same law suit of Robert Irwin vs John Lowes et all heirs sold 99 1/4 acres in Range 2, Township 4, Section 27 to William Cox Irwin on 8 December 1849 for $3,624.48. Interesting note: Robert Irwin owns land in this same section next to James Irwin as mentioned in court documents.

Then a few years later, John Lowes et al heirs sue William Cox Irwin for not disclosing improvements on the land he purchased in Range 2, Township 4, Section 27. William Cox Irwin is ordered to pay John Lowes et al heirs damages.

Then on 27 March 1867, Robert Irwin of Warren County, Ohio sold 7.91 acres of land in Range 2, Township 4, Section 27 to Fred Saulsbury for $879.00.

Then on 7 Sept 1867, Fred Saulsbury of Warren County, Ohio sold 7.91 acres of land in Range 2, Township 4, Section 27 to Oliver Coleman of Hamilton County, Ohio for $6,490.00.

Here is info I researched on Warren County, Ohio:

One of the original four townships of Warren County, Deerfield Township was organized on May 10, 1803.[3]

WARREN COUNTY was established by an act of the first General Assembly of the State of Ohio, passed March 24, 1803, and named at the same time in honor of the first great martyr in the cause of American independence. The act creating the county took effect May 1, 1803, and with this date the history of the county, as a civil division, begins.

When Ohio became a State, but nine counties had been formed within its limits by proclamation of the Territorial Governor, and one of the first duties of the first State Legislature, which met at Chillicothe March 1, 1803, was the creation of new counties. Out of the large territory of Hamilton County, as it then existed, Warren, Butler and Montgomery Counties were formed by one act, and by the same act the county of Greene was formed out of Hamilton and Ross.

In the boundaries of Warren County, the mouth of the O’Bannon is the only point fixed by nature. The northern boundary of Clermont, which was a due east line from the mouth of the O’Bannon, had already been established, and was made the southern boundary of Warren, east of the Little Miami. The county, at its organization, extended eastward to the present site of Wilmington, and included no territory west of the Great Miami. In 1810, when Clinton County was formed, its western boundary was decreed to be so fixed as to leave to Warren a constitutional area of 400 square miles. On January 30, 1815, the territory of our county west of the Great Miami was detached from Butler and attached to Warren, and at the same time, eleven square miles of this county extending along its eastern border – being a narrow strip about half a mile in width – were attached to Clinton.

The territory thus formed into Warren County was made up of parts of three different tracts of lands, deriving their designations from the manner in which they were transferred to the occupants from the Government – first, the Virginia Military Lands, including all of the county east of the Little Miami; second, Symmes’ Purchase, including that portion west of the Little Mimi and south of an east-and-west line passing about a mile north of Lebanon; and third, Congress Lands, or lands transferred immediately to the occupants by the officers of the Government, comprising the remainder of the county.

Enlarged map of Deerfield Township, Warren County, Ohio in Range 2, Townships 4, Sections 21, 22, 27, 28, 33 and 34.  You will notice that William Cox Irwin owns land in Sections 27 and 21. Robert Irwin owns land in Section 27, 33, and 34.  James Baxter owns land in Section 27 and 20 (Section 20 in below Section 27 and partially shown).

Irwin map of land in Deerfield Twp, Warren Co, Ohio 1875

Map of Deerfield Township, Warren Co, OH 1875

Combination Atlas Map of Warren Co, OH 1875

 

 

Freeman Clarkson, agent for John C. Symmes’ attorney, sold 534 acres of land in Hamilton County, Ohio in the Virginia Military Tract, Range 2, Township 4, Section 27 to James Irwin of Hamilton County, Ohio for $1,068 on 11 June 1796. In 1804, this Virginia Military Tract, Range 2, Township 4, Section 27 is part of Hamilton County, Ohio split and becomes part of Deerfield Township, in Warren County, Ohio. Recorded in the Recorder’s Office in Warren County, Ohio, Vol T, page 52 to 53. 

Also recorded in the Recorder’s Office of Hamilton County, Ohio, Book B, No. 2, pages 176, 177, and 178. 

 Freeman Clarkson to James Irwin 1796_0003Freeman Clarkson to James Irwin 1796_0004

 

 

James Irwin was mixed up with the John C. Symmes’ land disputes since James Irwin was mixed up with the Symmes land disputes since Symmes sold the entire Range 2, Township 4, Section 27 to Elias Boudinot on 5 Nov. 1798 for $853.00John C. Symmes sold the entire Range 2, Township 4, Section 27 to Elias Boudinot on 5 Nov. 1798 for $853.00. Recorded in the Recorder’s Office of Warren County, Ohio, Vol. 1 pages 145 to 146.

John C. Symmes sold to Elias Boudinot on 5 Nov. 1798_0001John C. Symmes sold to Elias Boudinot on 5 Nov. 1798_0002

 

 

 

On 11 October 1811, James Irwin and his wife, Agnes Irwin of Butler County, Ohio sells 30 acres in Range 2, Township 4, Section 27 (part of North 1/2 of section) to Peter Tetrick of Warren County, Ohio for $90.00. Recorded in the Recorder’s Office of Warren County, Ohio, Vol. 4, pages 67 and 68.

James Irwin of Butler Co to Peter Tetrick 11 October 1811_0001James Irwin of Butler Co to Peter Tetrick 11 October 1811_0002

 

 

 

Then 14 March 1822, James Irwin and his wife, Agnes Irwin of Butler County, Ohio sell 50 acres in Range 2, Township 4, Section 27 to David Mizner of Warren County, Ohio for $200.00. Recorded in Recorder’s Office of Warren County, Ohio, Vol. 10, pages 74 and 75.

James Irwin of Butler Co, OH sells to David Mizner 14 Mar 1822_0001James Irwin of Butler Co, OH sells to David Mizner 14 Mar 1822_0002

 

 

 

Then on 22 November 1823, David Mizner and Jennet his wife of Warren County, Ohio sells 50 acres in Range 2, Township 4, Section 27 to James Baxter of Hamilton County, Ohio for $600.00. (Note: this James Baxter is William Cox Irwin father in-law through James Baxter's daughter Eliza Jane Baxter). Recorded in Recorder’s Office of Warren County, Ohio, Vol. 11, pages 11 and 12.

David Mizner of Warren Co, OH to James Baxter 22 November 1823_0001David Mizner of Warren Co, OH to James Baxter 22 November 1823_0002

 

 

Then when James Irwin dies on 10 Feb 1847, per his will instructions the land he owned in Deerfield Township was divided among Robert Irwin (his only living child) and heirs of his deceased children (his grandchildren). The problem arises that the land can not be divided equally without causing harm to it's value hence Robert Irwin vs John Lowes et al heirs.

The land by common pleas court order is sold at public auction and someone purchased it. The problem arises that James Irwin gave William Cox Irwin contract on the land to grow crops for 50 years or so. They then go back to court and William Cox Irwin purchased the land at appraised value (the same amount the other buyers paid for the land).

Then Robert Irwin by sheriff (same law suit of Robert Irwin vs John Lowes et all heirs sold 99 1/4 acres in Range 2, Township 4, Section 27 to William Cox Irwin on 8 December 1849 for $3,624.48. Interesting note: Robert Irwin owns land in this same section next to James Irwin as mentioned in court documents. Interesting note: William Cox Irwin is widower at this time with three small children, Martha A. Irwin age 7, Robert James Irwin age 5, and William M. Irwin age 4 months old. William Cox Irwin’s wife, Eliza Jane (Baxter) Irwin has died on 27 Oct 1849.  The next year, William Cox Irwin marries Sarah Harper in 1850.  Their marriage is recorded in Hamilton County, Ohio, Marriage Records.

Then a few years later, John Lowes et al heirs sue William Cox Irwin for not disclosing improvements on the land he purchased in Range 2, Township 4, Section 27. William Cox Irwin is ordered to pay John Lowes et al heirs damages.

Recorded in Recorder’s Office of Warren County, Ohio, Vol. 30, pages 623, 624 and 625.

Robert Irwin by sheriff to William Cox Irwin 8 December 1849_1Robert Irwin by sheriff to William Cox Irwin 8 December 1849_2Robert Irwin by sheriff to William Cox Irwin 8 December 1849_3

 

 

 

Then on 27 March 1867, Robert Irwin of Warren County, Ohio sold 7.91 acres of land in Range 2, Township 4, Section 27 to Fred Saulsbury for $879.00. Recorded in the Recorder’s Office of Warren County, Ohio, Vol. 44, pages 335 and 336. 

Robert Irwin to Fred Saulsbury 27 March 1867_1

Robert Irwin to Fred Saulsbury 27 March 1867_2

 

 

Then on 7 Sept 1867, Fred Saulsbury of Warren County, Ohio sold 7.91 acres of land in Range 2, Township 4, Section 27 to Oliver Coleman of Hamilton County, Ohio for $6,490.00.  Recorded in Recorder’s Office in Warren County, Ohio, Vol. 44, pages 621 and 622.

Fred Saulsbury to Oliver Coleman 7 Sept 1867_0001Fred Saulsbury to Oliver Coleman 7 Sept 1867_0002

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Monday, August 3, 2015

Warren County, Ohio Chancery Records for 1824-1851 printed by Warren County Genealogy Society in Lebanon, Ohio 45036 in 1998. On page 80-89 List the law suit of Robert Irwin (son of James and Agnes Irwin) and James Irwin (son of William Irwin and grandson of James and Agnes Irwin), James Scott and his wife Lydia Scott (daughter of Mary Jane Irwin Lowes and granddaughter of James and Agnes Irwin) vs James Lowes (son of Mary Jane Irwin Lowes and grandson of James and Agnes Irwin) and others. James Irwin died in January of 1847 in Butler County, Ohio leaving last will and testament. Agnes Irwin, the wife of James Irwin, died shortly before James.


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Warren County, Ohio Chancery Records for 1824-1851 printed by Warren County Genealogy Society in Lebanon, Ohio 45036 in 1998. 
On  page 80: Robert Irwin and James Irwin, James Scott and his wife Lydia Scott vs James A.I. Lowes and others. 
James Irwin died in January of 1847 in Butler County, Ohio leaving last will and testament. Agnes Irwin, the wife of James Irwin, died shortly before James. 
James and Agnes Irwin left seven children heirs: all of the said children are dead except for Robert Irwin.
  1. Robert Irwin;
  2. Mary Jane Irwin, deceased wife of John Lowes left five children
      1. James A.I. Lowes:
      2. Nancy Lowes wife of William Cook of Butler County, Ohio,
      3. Mary Jane Lowes wife of Eliphalet Stevens;
      4. Sarah Ann Lowes;
      5. Lydia Lowes wife of James Scott
    1. Jane Irwin, deceased wife of Jonathan Whitacre. Jane Irwin Whitacre left four children all of whom, except Sarah Whitacre, have died leaving children as listed:
        1. James J. Whitacre, deceased left four children:
          1. William M. Whitacre had two children;
              1. Robert S. Whitacre
              2. David N. Whitacre
          2. Margaret J. Whitacre 
          3. Sarah A. Whitacre
          4. Mary E. Whitacre, wife of Alexander Morrow left one child                                                                                                1.   Martha F. Morrow
        2. Sarah Whitacre
        3. William Irwin, deceased; left three children
            1. James Irwin;
            2. William Irwin;
            3. Jane Irwin wife of Ludwich W. Miller.
          1. Nancy Irwin, deceased wife of Richard Cox; left two children
              1. William Cox and
              2. Nancy M. Cox wife of Daniel Schenck.
            1. David S. Irwin, deceased left five children
                1. William Irwin,
                2. Martha Jane Irwin wife of Charles Moore;
                3. Britton Irwin;
                4. James N. Irwin;
                5. David Irwin.
            2. James Irwin deceased
                1. Britton Moore Irwin

            On 14 November 1848, Robert Irwin (son of James and Agnes Irwin) and James Irwin (son of William Irwin), Lydia Lowes Scott (daughter of Mary Jane Irwin Lowes) and her husband, James Scott filed petition for partition in Common Pleas Court in Warren County, Ohio against James A.I. Lowes (son of Mary Jane Irwin Lowes) and others.
            The petition states that in January 1847, that James Irwin a resident of Butler County, Ohio died and left the following property in Warren County, Ohio in Section 26, Township 4, Range 2 and he left a will and testament which has been proven and admitted to record before the Common Pleas Court in Butler County, Ohio and in the will there is a clause which states the following.  Item #11: “The remainder of my property after my just deeds has been paid with all of my other moneys then remaining, to be equally divided into eight equal parts, my beloved wife being one of the eight, my son Robert one, and the heirs of my deceased children the others”. 
            The petitioners charge that the land herein before described, was not by said will specifically devised to anyone, but comes in under and is operated upon by, the said clause herein been quoted from said will, as forming a part of the  remainder of decedent's property and they further charge that, decedents wife to witness, Agnes Irwin, departed this life a short time before her said husband and that the said James Irwin had by his said wife Agnes, the following children, being the same contemplated by the cause quoted from said will as aforesaid, to witness, Robert Irwin, Mary Lowes late Irwin, wife of John Lowes, Jane Whitacre, late Irwin, wife of Jonathan Whitacre, William Irwin, Nancy Cox, late Irwin, wife of Richard Cox, David S. Irwin and James Irwin and that all of said children, except the said Robert, are not dead, leaving heirs at law as follows to witness, the said Mary Lowes left the following children as her only heirs, being five in number, to witness, James A.I.Lowes being somewhere in Ohio, but what County is unknown to petitioners, Nancy 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 residing in Warren County, Ohio.  The said Jane Whitacre, deceased had four children, all of whom except Sarah Whitacre, who lives in Warren County, Ohio have departed this life intestate, leaving children and heirs at law as follows, to witness, James I. Whitacre, deceased left four minor children as his only heirs, to witness, William M. Whitacre, Margaret I. Whitacre, and Sarah A. Whitacre living in  Miami County, Ohio and Mary E. Whitacre residing in Hamilton County, Ohio and William M. Whitacre deceased left two minor children as his only heirs at law, residing in Miami County, Ohio, to witness, Robert S. Whitacre and David N. Whitacre and Mary Morrow, deceased, late Whitacre wife of Alexander Morrow, left a minor child by the name of Martha F. Morrow living in Miami County, Ohio. To witness, James Irwin, William Irwin and Jane Miller,late Irwin, wife of Ludwick W Miller all living in Warren County, Ohio and the said Nancy Cox, deceased left two children, as her only heirs at law, to witness, William Cox and Nancy M. Schenck, wife of Daniel Schenck, residing in Warren County, Ohio and David S. Irwin left five children as his only heirs at law, to witness, William Irwin, Martha Jane Moore, late Irwin, wife of Charles Moore, Britton Irwin, James N. Irwin and David Irwin, the last three being minors, and all living in Butler County, Ohio except Charles Moore and wife, who live in the City of Cincinnati, Ohio and  the said James Irwin, deceased, son of Old James Irwin, deceased, left only one child and heir to witness, Britton M. Irwin living in Cincinnati, Ohio.
            And your petitioners expressly charge that under said will and upon the event of the death of Agnes Irwin wife as foresaid of James Irwin, deceased the real estate herein before described is rested by legal title in fee simply in said heirs at law of James Irwin, deceased and that said, Robert Irwin is entitled to one seventh thereof and that the heirs, or legal representatives of each said children of James Irwin, deceased who have departed this life as foresaid an entitled to one seventh thereof, so as, that the heirs or heirs of each decedent child shall represent his or her, on their ancestor respectively
            And it is right that said property should be divided amongst the several persons interested therein, and as petitioners demand that the same be done and as such object can only be effected through the aid of this Honorable Court. To the end thereof that justice be done in the matter petitioners pray, that all of the herein before named heirs at law of the said James Irwin, deceased who are not petitioners in this cause, together with the husbands of each of them as an married women as foresaid, be made defendants to this petition and compelled to answer the same under oaths.
            The premises considered, your petitioner pray, that under order of this Court partition may be made of the property here before described, amongsth, the several persons interested therein according to law;or if that can not be done, that said property be sold and the proceeds thereof divided accordingly to the statute in such case made and provided and petitioner pray for such other and further relief in the premises, as shall conform to law and equity.
            Signed by Petitioners: Robert Irwin, James Irwin, James Scott and his wife, Lydia Scott

            On the 15 August 1848, the Court of Common Pleas ordered that the petitioners cause be printed in the Western Star newspaper, starting 30 June 1848 that is of general circulation in Warren County, Ohio for six consecutive weeks.  The court appointed Andrew G. McBurney guardian for the minor defendants in this cause.
            On the 23 August 1848, the defendants did not appear in court except for the Andrew G. McBurney representing the minor defendant children after the defendants  notice was given for 6 consecutive weeks in the Western Star the court ordered that the land should be divided and ask the Warren County, Ohio sheriff to do so.
            On 29 August 1848, the sheriff of Warren County, Ohio comes back to court and states that the property can not be partitioned because it would injure the value of the land.  The sheriff stated that the value of the land was $25 per acre.  No one came before the court and requested to purchase the land.
            On 7 September 1848 the court that the land should be sold at public auction for not less than 2/3 of appraised value of $25 per acre. The winning bid should pay 1/2 of the purchase price should be paid in cash and the other could be mortgage. 
            The auction was published in the Western Star for 30 days and on 30 October 1848 at the Court House in Warren County, Ohio between 10 am and 4 pm the sheriff offered the land for sale.  Phillip Stout was the highest bidder and best bid for the property at $24.50 per acre. 
            On 14 November 1848 in Court of Common Pleas, Phillip Stout is granted a deed to the property.
             Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 1Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 2
            Note error above document: #3 Nancy Irwin Cox left two children: William Cox and Nancy M. Cox who married Daniel Schenck not DAVID Schenck.
            Also James Irwin left one son: Britton Moore Irwin.
            There are two Britton Irwin’s during this time and they are cousins. One is David S. Irwin son Britton Irwin and the other is James Irwin son Britton Moore Irwin name after his mother’s maiden name Moore.
            Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 3Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 4Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 5Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 6Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 7Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 8Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 9Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 10Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 11Robert and James Irwin, James Scott and wife, Lydia vs James Lowes 1848 12