The State of Ohio Lawrence Com. Pleas In Chancery April Term 1846
Lucinda Pancake and Abraham Pancake )
Administrators of Abraham Pancake Decd )
vs )
Isaac Pancake, Alred Bruce, & Sally Bruce,) Petition to sell Lands
Noah Jenkins, & Betsey Jenkins, Sampson )
Pancake, Andrew Pancake, Joseph Pancake, )
Polly Pancake, John Pancake & Jackson )
Pancake )
Pleas before the Honorable John E. Hanna President Judge of the Eighth
Judicial circuit of the courts of common pleas of the State of Ohio and
Curtis Sewell Nathaniel Davisson and Benjamin Johnston his associate
Judges of the court of common pleas within and for the county of Lawrence
at the court house in Burlington on the thirteenth day of April and of
the Term of April in the year of our Lord one thousand eight hundred and
and forty six and in the year of the state the forty fourth.
Be it Remembered that heretofore towit on the Eighth day of September in
the year of our Lord one thousand eight hundred and forty five the said
Petitioners by their counsel filed in the clerks office of our said court
their Petition against the said defendants which reads in the words and
figures following towit -
"To the Court of Common pleas of the county of Lawrence State of Ohio.
Your Petitioners Lucinda Pancake and Abraham Pancake Administrators of
Abraham Pancake deceased respectfully represent that the total value of
the personal estate and effects of said decedent is as near as can be
ascertained is $201.37 ½ which will more fully appear by the certificate
of the clerk of this court herewith marked (A) but not more than $163.40
can be realized therefrom, that the amount of debts owing by the deceased
including the charges of administration as nearly as they can now be
ascertained amount to $474.83. That the personal estate and effects are
insufficient to pay said debts. The said decedent died seized in fee
simple of the following real estate situate in said county and described
as follows. The South West Quarter of the south east quarter of section
twenty six (26) of Township two (2) of range eighteen (18). The said
decedent died leaving your petitioner Lucinda Pancake his widow who is
entitled to dower in said premises. The following persons are the heirs
having the next estate of inheritance in the premises above described
from the said decedent namely Isaac Pancake, Sally Bruce the wife of
Alfred Bruce, Betsey Jenkins the wife of Noah Jenkins, Andrew Pancake
of full age and Joseph Pancake, Polly Pancake, John Pancake and Jackson
Pancake minors all living in said county and also Sampson Pancake of full
age of Franklin county, Ohio. Your petitioners pray that the said persons
above mentioned and described as having the next estate of inheritance in
said premises from said decedent be made parties defendant to this
petition. Your petitioner Lucinda Pancake relinquishes her right of dower
in said premises and is willing to make such assurance to the purchaser
thereof as the court may direct, and your petitioners pray that they may
be ordered to sell said real estate for the purpose of paying the debts
of said estate and may have such other and further relief as justice may
dictate. S. M. [Browning?] Sol for Petitioner."
N.B. the Exhibit A not filed with the foregoing Petition.
On the Ninth day of September in the year last aforesaid the said
Petitioners by S. M. [Browning?] their counsel sued out of the clerks
Office of our said court our writs of Subpoenas directed to the Sheriffs
of Lawrence and Franklin counties which read in the words and figures
following towit -
"The State of Ohio, Lawrence County) To the Sheriff of Lawrence County
Greeting: We command you to Summon Isaac Pancake, Alfred Bruce, Sally
Bruce, Noah Jenkins, Betsey Jenkins, Sampson Pancake, Andrew Pancake,
Joseph Pancake, Polly Pancake, John Pancake & Jackson Pancake to appear
before our court of common pleas of the county aforesaid, at the court
house in said county on the first day of our Term next to answer unto a
Petition in Chancery to sell Lands exhibited against them by Lucinda
Pancake & Abraham Pancake Admr. of Abraham Pancake Decd & this they shall
in no wise omit under the penalty of One thousand Dollars, and have you
then and there this writ. [Witness?] Joseph Wheeler, clerk of our said
court, at the clerks office, this 9th day of Sept AD 1845.
Jos: Wheeler Clerk"
The Sheriffs Return on said writ reads in the words and figures following
towit "As commanded by this court I summoned all the within named
Defendants except Sampson Pancake by reading and copy. Oct. 25 1845.
J. Hambleton S.L.C."
"The State of Ohio, Lawrence County) To the sheriff of Franklin County
Greeting: We command you to summon Isaac Pancake, Alfred Bruce, Sally
Bruce, Noah Jenkins, Betsey Jenkins, Sampson Pancake, Andrew Pancake,
Joseph Pancake, Polly Pancake, John Pancake & Jackson Pancake to appear
before the Judges of our court of common pleas of the county aforesaid at
the court house in said county on the first day of our Term next (October
6th 1845) to answer unto a Petition in Chancery to sell Lands exhibited
against them by Lucinda Pancake and Abraham Pancake Admr. of Abraham
Pancake Decd & this they shall in no wise omit under the penalty of one
thousand Dollars and have you then and there this writ.
[Witness?] Joseph Wheeler clerk of our said court at the Clerks Office,
this 9th day of September AD 1845. Jos: Wheeler Clerk"
Endorsement "N.B. Sampson Pancake is confined in the Penitentiary - serve
& return it as soon as possible"
The Sheriffs Return on said writ reads in the words and figures following
towit -
"Sept. 26, 1845. Served on the said Sampson Pancake personally by copy.
Wm. Donnigan Shff."
At October Term in the year last aforesaid this cause is continued by the
general order of the court.
And Now at this time towit, at a court of common pleas holden in and for
the county aforesaid, before the Judges aforesaid and at the time and
place first herein aforesaid - On motion ordered that this Petition be
dismissed. It is therefore ordered and adjudged that the said defendants
Isaac Pancake, Alfred Bruce, Sally Bruce, Noah Jenkins, & Betsey Jenkins,
Sampson Pancake, Andrew Pancake, Joseph Pancake, Polly Pancake, John
Pancake and Jackson Pancake have execution against the assetts of the
Estate of Abraham Pancake Deceased in the hands of Lucinda & Abraham
Pancake Administrators for their costs expended as upon judgment at Law.
John E. Hanna
President Judge
Added March 20th, 1999