David Powell
R.E. #20
Abstract of Title
543 Taylor
Prepared by
Hale & Hale, Inc.
Shelbyville, In
Frank Hale, President
Robert I. Hale, Secretary
This company owns the “H. H. Daugherty” Plant – “The Only
Plant” – and are making it second to none in the state.
It has stood the test for more than thirty-five years.
Page 1
An abstract to title of the following described real estate
situate in Shelby County, Indiana, to wit:
Lot #22 on
Taylor Street in
John C. Deprez Addition to the city of Shelbyville.
Page 2
The United States of America To
Pars Shearer.
Entry:
Dated March 10, 1821
Recorded in
Tract Record 1 Page 46
For:
The west half of the north east quarter of
section 6 in township 12 north of range 7 east, containing 62.76 acres.
Page 3
John Sheddrick and
Rebecca Ann Sheddrick, his
wife, of Dearborn County, Indiana,
Elias Milliken and
Amy Milliken,
his wife, of Decatur County, Indiana.
Convey
and Warrant to
David Montgomery, of Shelby County, Indiana.
Warranty
deed.
Dated February 26, 1845
$1500
Recorded
October 31, 1845 in Deed Record “L” page 223
Acknowledged
before
Daniel Barker, J. P. Decatur Co., Indiana by
Sheddricks For: -
The west half of the north east
quarter of section 6 in township 12 north and range 7 east.
(And other lands)
DEED RECITES: - That the said
Rebecca Ann Sheddrick was
the daughter of
Pars Shearer and the owner of said lands in fee simple
and that
Amy Milliken was the widow of
Pars Shearer and the owner
of the dower of said lands.
Page 4
IN RE ESTATE OF
DAVID MONTGOMERY, DECEASED
Application and appointment of
Jacob Vernon as
Administrator September 21, 1847 P.O.B. “D” page 51
Bond $8000, filed and approved.
Final report filed and approved March 21, 1861
P.O.B. 3 page 56
Page 5
Margaret Montgomery } Petition for assignment of
Vs
} dower.
Filed in Shelby
Eliza Montgomery, John Montgomery, } Probate Ct.
Oct. 18, 1847
James Montgomery and } Complete
Record “E” pg
Margaret Montgomery, Jr. } 202
Petition
alleges that
David Montgomery departed this life in testate in September
of 1847, leaving surviving him as his heirs the said Margaret as his widow, and
the four defendants as his children.
That at the time of his death said decedent was the owner in fee simple
of the west half of the north east quarter of section 6 in township 12 north of
range 7 east, (and other lands).
That
petitioner is entitled to her dower interest therein and asks that said west
half of the north east quarter of said section 6 and other lands, containing
all of 100 acres, be so set off to her.
Court finds
for petitioner and appoints
William Rook*, William Hacker and Jacob Kennerly,
commissioners to so assign said dower to said Margaret.
* This is probably
Rock - PMF
Page 6
REPORT OF COMMISSIONERS: -
On February 12, 1848: -
Come now
said commissioners and make the following report: -
We the
undersigned commissioners appointed by the court at its last term to assign and
set over to
Margaret Montgomery her dower of, in and to the real estate
of
David Montgomery, deceased, as described in said order and due
deliberation being and thereon we have assigned and set over to the said
Margaret
Montgomery as her full dower in and to said real estate the following
described tracts of land, to wit: - The west half of the north east quarter of
section 6 in township 12 north and range 7 east, and other lands, it being the
one-third part in value of the real estate of said
David Montgomery,
deceased, as set forth in said order.
All of which is respectfully submitted.
Jacob
Kennerly William
Hacker Commissioners.
Which report is approved by the Court.
Page 7
James K. P. Montgomery, (no wife joins) of Shelby
County, Indiana
Conveys and Warrants to
John L. Montgomery, of Shelby County, Indiana
Warranty
Deed.
Dated March 7, 1861
$3000
Recorded
March 7, 1861 in Deed Record “HH” page 147
Acknowledged
before
John C. Green, N.P. Shelby Co., Ind.
For: -
The undivided one-fourth part of: -
The west half of the north east quarter of section 6 in township 12 north and
range 7 east, containing 80 acres. (And other lands)
Page 8
Eliza J. Torrence and
William Torrence, her
husband, of Fulton County, Indiana
Convey
and Warrant to
John L. Montgomery, of Shelby County, Indiana.
Warranty
Deed.
Dated March 12, 1861
$1000
Recorded
March 14, 1861 in Deed Record “HH” page 199
Acknowledged
before
H. M. Bliss, Recorder of Cass Co., Indiana.
For: -
The undivided on-fourth part of: -
The west half of the north east quarter of section 6 in township 12 north and
range 7 east, containing 80 acres.
(And
other lands)
Page 9
Margaret Montgomery
To
Joseph K. Righter
Marriage.
License issued June 1, 1860
Married
June 30, 1860 by
J. M. Sleeth, Judge
Marriage
record 1856 – 1860 page 435
Page 10
IN RE ESTATE OF
JOSEPH K. RIGHTER, DECEASED
Application and appointment of
Jonathan K. Righter as
administrator March 22, 1861
P.O.B. 3,
page 566
No final report.
This estate is shown to show that
Margaret M. Righter
was a widow and unmarried on August 7, 1865.
Page 11
Margaret M. Righter, (no husband joining) of Shelby
County, Ind.
Convey and Warrants to
John L. Montgomery, of Shelby County, Indiana.
Warranty
deed.
Dated August 7, 1865
$2500
Recorded
August 26, 1865 in Deed Record “QQ” page 8
Acknowledged
before
Francis M. Conner, N. P. Shelby County, Ind.
For: -
All of grantor’s interest in and to
section 6 in township 12 north of range 7 east.
Page 12
IN RE ESTATE OF
JOHN L. MONTGOMERY, DECEASED
Application and appointment of
Isaac H. Wilson as
administrator
July 3, 1871
P.O.B. 10 page 230
Bond filed and approved.
Final settlement made November 11, 1875
P.O.B. 14 page 288
Page 13
IN RE GUARDIANSHIP OF
MARY R., JOHN L., HORACE AND WALTER
S. MONTGOMERY, MINOR HEIRS OF
JOHN L. MONTGOMERY, DECEASED.
Application and appointment of
Mary Montgomery as
Guardian May 28, 1873.
Bond $2000 filed and approved.
Petition to lay out real estate into town lots filed and
granted May Term 1873.
Final report filed and approved and Guardian discharged.
Page 14
Mary Montgomery }
Complaint for partition
Vs.
} Filed in Shelby Circuit
Mary R. Montgomery, John L. Montgomery, } Court
April 28, 1873
Horace Montgomery and Walter S. Montgomery.Complete Record “I’ page 501
Petition
alleges that
John L. Montgomery, deceased, was in his life time and at
the time of his death the owner in fee simple of the west half of the north
east quarter of section 6 in township 12 north and range 7 east, except: -
Commencing in the center of the Shelbyville
and Marietta Turnpike Road, where the same crosses the west line of said tract
and running thence in a north easterly direction along the center of said road
15 rods, thence in a northerly course and at right angles to said road 35 rods
more or less to the west line of said tract, thence south to the place of
beginning.
Also: -
All that part of the east half of the north
east quarter of section 6 in township 12 north of range 7 east, which lies west
of the Shelbyville and Columbus Turnpike rods and north of the Shelbyville and
Smithland Turnpike road, and south of the western extension of Hendricks Street
to the west line of said tract, containing 2 acres, more or less.
That said
John L. Montgomery departed
this life in testate on March 28, 1871 leaving the plaintiff (his widow) and
the defendant (his children) as his sole and only heirs at law.
That at the death of said decedent said
Mary
Montgomery, as his widow, became the owner in fee simple of the undivided
one-third part of said lands, and said children jointly became the owner of the
remainder thereof.
That plaintiff is
desirous of having said lands partitioned and that defendants are minors.
The court thereupon
appoints
H. H. Daugherty as Guardian ad litem for said defendants and
said Guardian ad litem files his answer in general denial.
Cause is
thereupon submitted to the court and the court finds that the allegations of
the complaint are proven and true.
Page 15
(No record of the appointment of Commissioners)
REPORT OF COMMISSIONERS: -
The
undersigned commissioners appointed by the Shelby Circuit Court at the present
term thereof to make partition of the real estate described in the order issued
to us in this cause among the parties therein named, now report to the court
that we have been duly sworn as such commissioners according to the law and we
now return a copy of the oath as such, endorsed on said order and make the same
a part of this report.
We further show
that we have set off and assigned to the said
Mary Montgomery, (land not
contained in caption) all to be held by her in fee simple as her full on-third
part in value of all said lands, and we have assigned the residue of said lands
to the said
Mary Montgomery, John L. Montgomery, Horace Montgomery and
Walter S. Montgomery to be held by them in fee simple as the full
two-thirds in value of said lands.
S. L. VanPelt
W. E. Teal
J. M. Elliott
Commissioners
Which report is approved by the court.
Page 16
IN RE GUARDIANSHIP OF
WALTER S. MONTGOMERY, MINOR
Application and appointment of
Mary Montgomery,
afterwards
Mary Sluter as Guardian May 28, 1873.
Final report filed and approved May 31, 1890
P.O.B. 36, page 480
Page 17
In the Matter of the Guardianship { Petition to sell real estate
Of
Walter S.
Montgomery, Mary { filed in Shelby Circuit Court
Sluter, Guardian { Oct. 1, 1888 P.O.B. 33, page 354
Guardian
files petition, which petition is verified by affidavit, petitioning the court
for an order to sell the real estate of said ward.
And the
court having seen and examined said report finds as follows: -
That said ward is the owner in fee simple
inter allia of the following described real estate: -
The undivided one-fourth part in value of: -
Commencing at a corner stone 24 chains 96
links north of the south west corner of the west half of the south east quarter
of section 6 in township 12 north and range 7 east, which corner stone is 4
chains north of the middle of the Shelbyville, Smithland and Marietta Turnpike
road, and running thence east 3 chains and 41 links to a point in the center of
said turnpike road, thence north 39 degrees east along the center line of said
road to a point east of the south line of a twenty foot alley south of lot #52
on Miller Street in Montgomery’s Third Addition to the city about 176 feet to
the west line of a 16 foot alley west of said lot, thence north along the west
side of said alley 216 feet to a point 16 feet south and 25 feet west of the
south west corner of lot #46 on Hendricks in said addition, which point is on
the west line of east half of said section, thence south 27 chains 96 links to
the place of beginning, containing 39.1 acres, more or less (and other lands).
That the
value of said ward’s interest in said real estate is about $2200 and that the
value and character of the personal estate is $1996.93.
That the rental value of said real estate
is small, that said ward is a resident of the State of New Jersey, and that it
would be to the best interest of said ward to have said land sold and the
proceeds loaned out at interest.
Court
therefore orders said Guardian to sell said real estate at private sale, after
giving three weeks notice thereof by publication and by posting five like
notices in five public places in Shelby County, three of which to be in the
township in which said real estate is situate.
Real estate to be sold on the following terms: -
One-third cash, one-third in one year and
one-third in two years.
Guardian
thereupon files an appraisement of said real estate, appraising the same at
$2181.66.
Page 18
October 27, 1888: -
Comes now
into open court,
Mary Sluter, Guardian of
Walter S. Montgomery
and files proof of publication of notice and of posting of notices and also
files the following report of sale: -
The
undersigned Guardian, respectfully shows that at the October Term of this court
1888, she obtained an order to sell said ward’s undivided one-fourth interest
in the following real estate: -
(land
described in petition) and she gave notice for three successive weeks in a
newspaper printed and published in Shelbyville, Shelby County, Indiana, and by
posting up notices in at least five public places in the county of which said
real estate is situate.
And in
pursuance of said order, the undersigned did, on the 4
th day of
October 1888, give such notice in the Shelby Democrat.
And the undersigned would respectfully show
that by virtue of said order she has sold to
John C. Deprez the
following (lands described above) for the sum of $2125 that being more than the
appraised value thereof and the highest and best price that could be obtained
therefore and she further shows that said
John C. Deprez has paid sum in
cash.
Mary R. SluterSubscribed and sworn to before me, this 27
th day
of October, 1888
(Seal)
Charles
Major, N. P., Shelby County, Ind.
And the
court having examined said report and being fully advised in the premises
approves said report and orders said Guardian to execute a deed to said
purchaser for said ward’s interest in said real estate.
Guardian now produces such deed, which is
approved by the court and ordered delivered.
Page 19
Mary R. Sluter, Guardian of
Walter S. Montgomery,
by order of Shelby Circuit Court.
Conveys
To
John C. Deprez, of Shelby County, Indiana
Deed.
Dated October 27, 1888
$2125
Recorded
October 29, 1888 in Deed Record 82 page 492
Acknowledged
before
Chas. Major, N.P. Shelby Co., Ind.
For: -
The undivided one-fourth of: -
Beginning at a corner stone 24 chains 96
links north of the south west corner of the west half of the south east quarter
of section 6 in township 12 north of range 7 east, which corner stone is 4
chains north of the middle of the Shelbyville, Smithland and Marietta Turnpike
Road, and running thence east 3 chains 41 links to a point in the middle of
said pike, thence north 39 degrees east along the center of said pike to a
point east of the south line of a 20 foot alley south of lot #52 on Miller
Street in Montgomery’s Third Addition to the city of Shelbyville, thence west
along the south line of said alley about 176 feet to the west line of a 16 foot
alley west of said lot, thence north along the west side of said alley 216 feet
to a point 16 feet south and 25 feet west of the south west corner of lot #28
on Hendricks Street in said addition, which point is on the west line of the
east half of said section 6 and thence south 27 chains 96 links to the place of
beginning, containing 39.10 acres, more or less.
Page 20
Mary R. Montgomery, an unmarried woman, of Hudson
County, New Jersey.
Conveys
and Warrants To
John C. Deprez, of Shelby County, Indiana
Warranty
deed.
Dated September 26, 1888
$2125
(I believe this date is Oct. 26)
Recorded
October 29, 1888 in Deed Record 82 page 490
Acknowledged
before
Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: -
same tract as described at #17.
Page 21
John L. Montgomery, unmarried, of Alameda County,
California
Conveys and Warrants To
John C. Deprez, of Shelby County, Indiana.
Warranty
deed.
Dated September 26, 1888
$2125
(I believe this date is Oct. 26)
Recorded
October 29, 1888 in Deed Record 82 page 490
Acknowledged
before
Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: -
same tract as described at #17.
Page 22
Horace Montgomery, an unmarried man, of Shelby
County, Indiana
Conveys
and Warrants To
John C. Deprez, of Shelby County, Indiana.
Warranty
deed.
Dated September 26, 1888
$2125
(I believe this date is Oct. 26)
Recorded
October 29, 1888 in Deed Record 82 page 490
Acknowledged
before
Joseph Parker, Jr., N.P. Hudson Co., NJ
For: -
The undivided one-fourth part of: -
same tract as described at #17.
Page 23
DEDICATION OF JOHN C. DEPREZ ADDITION TO SHELBYVILLE.
Plat Book 3 page 194
State of Indiana, Shelby County, ss:
The above
is a true plat of the addition to Shelbyville, Indiana, as laid out by me and
is a part of the south part of the east half of the north west quarter and part
of the north part of the east half of the south west quarter of section 6 in
township 12 north and range 7 east.
The
size of the lots and width of the streets and alleys are as indicated by the
figures on the annexed plat.
Witness my
hand and seal this 13
th day of May 1889
John
C. Deprez (seal)
Acknowledged before
Robert W. Wiles, N.P. Shelby Co.,
Ind.
Approved by Common Council of the city of Shelbyville in
open session this 14
th day of May 1889.
J.
C. Edwards, Mayor
Attest:
Harry C.
Ray, City Clerk
Recorded May 15, 1889
W. J. Buxton recorder Shelby Co., Ind.
(Description Wrong)
(copy to here)
Page 24
John C. Deprez and
Zora L. Deprez, his wife,
of Shelby County, Ind.
Convey and Warrant To
Elisha Weakley and
Harriet E. Weakley, his
wife, of Shelby County, Indiana.
Warranty
deed.
Dated January 16, 1890
$275
Recorded
January 17, 1890 in Deed Record 85, page 74
Acknowledged
before
Robert W. Wiles, N. P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in
John
C. Deprez Addition to the city of Shelbyville.
Page 25
Elisha Weakley and
Harriet E. Weakley, his
wife, of Shelby County, Indiana.
Convey
and Warrant To
John C. Deprez, of Shelby County, Indiana.
Warranty
deed.
Dated February 22, 1895
$1.00
Recorded
February 25, 1895 in Deed Record 95 page 303
Acknowledged
before
Robert W. Wiles, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in
John
C. Deprez addition to the city of Shelbyville.
Page 26
John C. Deprez and
Zora L. Deprez, his wife,
of Shelby County, Ind.
Convey and Warrant To
William F. Little and
Josephine R. Little, his
wife, of Shelby Co., Ind.
Warranty
deed.
Dated September 21, 1895
Recorded
March 27, 1895 in Deed Record 96 page 282
Acknowledged
before
William C. Miller, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in
John
C. Deprez addition to the city of Shelbyville.
Page 27
William F. Little and
Josephine R. (signs
“Josie R”
) Little, his wife, of Shelby County, Ind.
Convey
and Warrant To
Ann Fisher, of Shelby County, Indiana
Warranty
deed.
Dated March 30, 1899
$200
Recorded
April 25, 1899 in Deed Record 102 page (left blank)
Acknowledged
before
Edward H. Chadwick, N.P. Shelby Co., Ind.
For:
Lot #22 on the south side of Taylor
Street in
John C. Deprez addition to the city of
Shelbyville.
Page 28
LAST WILL AND TESTAMENT OF
ANN FISHER, DECEASED.
Will Record 6, page 179
I,
Ann
Fisher of Shelby County, Indiana, do make this my last will as follows, to
wit:
Item 1
st.
It is my desire that all my debts be paid as
soon as possible after my death.
Item 2
nd.
After the payment of my debts if any, I will
and bequeath to my husband
Francis Fisher the 1/3 part of my real
estate, and the same to be taken in full of any and all right, claim or
interest which he may have in my estate.
Item 3
rd.
All the residue of my estate both real and
personal I will and bequeath to my son
Worl C. Fisher, absolutely.
Item 4
th.
I appoint my husband
Francis Fisher
as executor of this my will.
Witness my
hand this 17
th day of April 1894.
Ann Fisher We certify
that the above named
Ann Fisher did sign the above instrument in our presence
and in our presence declared the same to be her last will and testament and
that we did each sign our names as witnesses in the presence of the said
Ann
Fisher and in the presence of each other this 17
th day of April,
1894.
Charles W. Culbertson Charles MajorAdmitted to probate August 28, 1912 on the testimony of
Charles
W. Culbertson, one of the subscribing witnesses thereto.
Page 29
IN RE ESTATE OF
ANN FISHER, DECEASED
Probate of will September 3, 1912
P.O.B. 61 page 145
Appointment of
Worl C. Fisher, as Executor September
3, 1912
P.O.B. 61 page 140
Bond $3000 filed and approved.
Final report filed and approved December 23, 1914
P.O.B. 63 page 320
Page 30
LAST WILL AND TESTAMENT OF
FRANCIS FISHER, DECEASED.
Will Record 6 page 182
Know all
men by these presents that I,
Francis Fisher of Shelby County, Indiana,
being of sound mind and disposing memory to make, publish, and declare this to
be my last will and testament, hereby revoking any and all others by me at any
time heretofore made.
First.
I direct that
all my just debts and funeral expenses be paid by my executor hereinafter
named.
Second.
All the rest
and residue of my property, whether real or personal, I give, devise and
bequeath to my son
Worl C. Fisher, to be his absolutely and in fee
simple.
Third.
I hereby
nominate my son
Worl C. Fisher, to be executor of this will and direct
that he shall not be required to give bond.
In witness
whereof I have hereunto set my hand and seal this 3
rd day of January
1910.
Francis
Fisher We hereby
certify that we saw
Francis Fisher the above named testator, sign the
foregoing will and testament, and we at this request and in his presence and in
the presence of each other, signed the same as witnesses this 3
rd day
of January 1910.
Edith
W. Davis H. S.
Downey
Admitted to probate August 1912, on the testimony of
H.
S. Downey, one of the subscribing witnesses thereto.
Page 31
IN RE ESTATE OF
FRANCIS FISHER, DECEASED
Probate of will September 3, 1912
P.O.B. 61 page 146
Appointment of
Worl C. Fisher as Executor September
3, 1912
P.O.B. 61 page 140
Bond $900 filed and approved
Final report filed and approved December 23, 19114
P.O.B. 63 page 320
Page 32
WORL C. FISHER, AN UNMARRIED MAN, OF SHELBY COUNTY,
INDIANA
CONVEYS
AND WARRANTS TO
OSCAR L. WILLIAMS AND ROBERT L. HALE, OF SHELBY
COUNTY, IND.
Warranty
deed.
Dated September 29, 1919
$6500
Recorded
October 2, 1919 in Deed Record 143 page 321
Acknowledged
before
Frank R. Hale, N.P. Shelby Co., Ind.
For:
Lot #22 on the south side of Taylor
Street in
John C. Deprez addition to the city of Shelbyville (and other
lots).
Page 33
ROBERT L. HALE AND DOROTHY B. HALE, HIS WIFE,
OSCAR
L. WILLIAMS AND CLARA C. WILLIAMS, HIS WIFE, OF SHELBY COUNTY, IND
CONVEY
AND WARRANT TO
LOUIS STRADER, OF SHELBY COUNTY, INDIANA.
Warranty
deed.
Dated November 5, 1919
$1200
Recorded
November 5, 1919 in Deed Record 143 page 491
Acknowledged
before
Frank R. Hale, N.P. Shelby County, Ind.
For:
Lot #22 on Taylor Street in
John
C. Deprez addition to the city of Shelbyville.
Page 34
LOUIE J. STADER AND MAE STADER, HIS WIFE, OF SHELBY
COUNTY, IND.
CONVEY AND WARRANT TO
J. DAVID POWELL AND ETTA M. POWELL, HUSBAND AND WIFE,
OF SHELBY COUNTY, INDIANA.
Warranty
deed.
Dated April 3, 1925
$2500
Recorded
April 9, 1925 in Deed Record
Acknowledged
before
Oscar L. Williams, N.P. Shelby Co., Ind.
For:
Lot #22 on Taylor Street in
John
C. Deprez addition to the city of Shelbyville.
Page 35
J. DAVID POWELL AND ETTA M. POWELL, HUSBAND AND WIFE,
OF SHELBY COUNTY, INDIANA.
MORTGAGE TO
THE HOMESTEAD BUILDING AND LOAN ASSOCIATION, OF SHELBYVILLE,
IND.
Mortgage.
Dated April 3, 1925
$2300
Recorded
April 9, 1925 in Mortgage Record 100 page 201
Acknowledged
before
Wilbur F. Pell, N.P. Shelby Co., Ind.
Upon:
Lot #22 on Taylor Street in
John
C. Deprez addition to the city of Shelbyville (and other land).
Page 36
TAXES FOR THE YEAR 1928 DUE AND PAYABLE IN 1929
May installment paid.
November installment a lien.
Page 37
Shelbyville,
Ind.
April 15, 1929
At
3 o’clock P.M.
The
undersigned, Abstractors of Title, within and for Shelby County, Indiana,
hereby certify that we have made a careful examination of the records in the
offices of the Recorder, Clerk, Treasurer and Auditor of said County and State,
and of our indices to the same, and w fail to find any recorded conveyances
describing said real estate in the Caption of this Abstract, Mortgages, Leases,
Mechanic’s Liens, State and County Taxes, Unredeemed County tax Sales, Lis
Pendus or Unsatisfied Judgments rendered against any person owning said real
estate within the last ten years, which would create a lien thereon, except as
shown in the foregoing Abstract.
This
Abstract consists of number 1 to 37 inclusive of both.
In Witness
Whereof,
Hale & Hale, Inc., a corporation, by its duly authorized
officer, affixes its signature and seal the date first above written.
HALE
& HALE, INC. BY:
Francis R. Hale, mgr.
Land Records Index