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Note: 1830 CENSUS: LIBERTY TWSP., SHELBY CO., INDIANA Einsminger, Philip: 1 male (0-5), 1 male (20-30). 2 females (0-5), 1 female (20-30))
1840 CENSUS: LIBERTY TWSP., SHELBY CO., INDIANA Ensminger, Philip: 1 male (under 5), 2 males (5-10), 1 male (10-15), 1 male (30-40), 1 female (under 5), 2 females (10-15), 1 female (30-40) 1850 CENSUS: LIBERTY TWSP., SHELBY CO., INDIANA, PAGE 316, 72/73--OCT. 16
Philip Ensminger (49, M, VA), Mary Ensminger (42, F, VA), John Ensminger (17, M, IN), Wm. G. Ensminger (15, M, IN), Julian Ensminger (11, M, IN), Andrew Ensminger (8, M, VA), Roxey A. Ensminger (7, F, VA), Mary A. Ensminger (4, F, VA), Wm. R. Ensminger (2, F(!), VA)
1860 CENSUS: LIBERTY TWSP., SHELBY CO., INDIANA, PAGE 20, 138/138--JUNE 12
Phillip Enchminger (59, M, Farmer, VA), Mary Enchminger (51, F, Housekeeper, VA), Julian Enchminger (21, M, Farmer, IN), Andrew Enchminger (18, M, Farmer, IN), Roxanna Enchminger (16, F, Domestic, IN), Mary Ann Enchminger (13, F, IN), William Enchminger (11, M, IN), Amanda MARTIN (8, F, IN)*
*Amanda Ensminger, daughter of Philip and Mary 'Polly' Ensminger, died April 12, 1849 and was interred in the Ensminger/Trackwell cemetery. William Martin and his wife Chloe Ensminger Martin, sister of Amanda Ensminger, had a daughter Amanda who was born on October 14, 1850, and who died May 4, 1865. I believe it is she who is included in the Philip Ensminger census enumeration for 1860.*
1870 CENSUS: LIBERTY TWSP., SHELBY CO., INDIANA, PAGE 30, 140/144--NO DATE
Ensminger, Philip (68, M, W, Farmer, VA), Ensminger, Polly (63, F, W, VA), [Martin), Green William (14, M, W, IN), Louis, Mary A. (24, F, W, IN), Louis, Lucian (6, M, W, IN), Louis, Flora (4, F, W, IN)
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Received of Joseph Lacy as Executor of the last will and testament of Joshua Ensminger dec�d fourteen dollars in full for my account against said Estate, and also received one dollar in full for the amount bequeathed to me in the will of said decedent, making together the sum of fifteen dollars. June 21, 1853
Attest J. Vernon Philip Ensminger his X mark August the 25 1851
Recd of Phillip Ensminger the sum of eighteen dollars and 52 cents the same being paid for two set of tombstones for the spouses of Joshua & Elizabeth Ensminger late of Rush Shelby County Ind
Randolph See ----------------------------------------------
Received of Joseph Lacy as Executor of the last will and testament of Joshua Ensminger dec�d the sum of Eighteen dollars and fifty two cents being in full for the Tombstones named in the within receipt. December 4th 1851
$18.52 Philip Ensminger his X mark ---------------------------------------------
News Item
"Shelby Democrat-Volunteer," (Shelbyville, Shelby Co., IN) April 1, 1880 (page 2) "DIED ENSMINGER--ON the 26th day of March, 1880 in Liberty township, Shelby county, Indiana, Mr. Philip Ensminger, in the 80th year of his age. The deceased was born in Rockbridge county, Virginia, and came with his wife and one child to this county in the spring of '1827,' where he has resided on the same farm ever since. He was the father of thirteen children, six of whom are now living, and with the exception of one, were present at his funeral."
(COMPILER'S NOTE--Philip's oldest son, St. Clair Ensminger, stated that his father and mother were the parents of twelve children.)
SHELBY CIRCUIT COURT
PHILLIP ENSMINGER
JOHN BALLARD
VS. (INSIDE)
ANDREW ENSMINGER
JOHN ENSMINGER
HANNAH HUFFMAN
FOUNTAIN HUFFMAN
ET AL Filed September 30, 1855
J. Vernon, Clk
Complaint To Correct
Deed of Conveyance
No. 2--6 Day
October 12, 1855
Ray & McFarland Attys
For Plaintiff
STATE OF INDIANA IN THE SHELBY CIRCUIT COURT
SHELBY COUNTY ETC. OCT. TERM A.D. 1855
"Phillip Ensminger and John Ballard of the County of Shelby complain of the following defendants to wit: Andrew Ensminger, John Ensminger, Margaret Ensminger his wife, Isabella Lacy and Joseph Lacy her husband, Hannah Huffman and Fountain Huffman her husband, William Ensminger, Catharine Hafford and Robert Hafford her husband, Mary Ensminger and Andrew Ensminger her Husband, Nancy C. Johns and Chrisopher Johns her husband, Elizabeth Estill and Alfred Estill her husband, Mary A. Bell and George Bell her husband, Andrew Polley, Allen Polley, William P. Polley, George R. Polley, Edward Polley, James Polley, Joseph B. Polley, Milton Polley, Martha Polley and say that they are the children and Grand children of one Joshua Ensminger hereinafter mentioned, now deceased: They also say that on the 27th day of January 1847 and long before, the said Joshua Ensminger was the owner in Fee simple of the North half of the West half of the North Easter quarter of Section Sixteen, township twelve North of Range Eight East and containing 40 acres of land: that on the 27th day of January 1847 the said Joshua Ensminger bargained and sold to the plaintiff John Ballard the south half of the said tract of land and then and there in conveying the same by Deed made a mistake in describing the same as appears by the deed of Conveyance thereof herewith filed and made part of this complaint and which south piece of thereof was taken possession of by the said Ballard and fully paid for by him and by him greatly improved with the knowledge and consent of the said Joshua Ensminger each supposing that the same had been and was by the said Deed duly conveyed."
"They further say that afterward on the 27th day of February 1847, the said Joshua Ensminger bargained and sold to the said plaintiff Phillip Ensminger the north half of the said tract of land and in making a Deed for the same conveyed the portion thereof embraced within the above recited Deed, a copy of which deed to the plaintiff Ensminger is herewith filed and made part of this complaint, and further that the said Phillip Ensminger then and there took possession of the same and has occupied it ever since and made valuable improvements thereon with the knowledge and consent of the said Joshua Ensminger."
"Wherefore the plaintiffs demand that by way of Equitable relief that the court decree that the plaintiff Ballard is (entitled) Equitably to the south half of the said piece of land and the plaintiff Ensminger entitled Equitably to the North half of the same and that a mistake occurred in the description of what the said Ballard is entitled to and which he really bought; and that the Court further Decree that a Deed be executed and delivered by the Heirs of the said Joshua Ensminger conveying to the said Ballard the land so embraced in said sale and intended to be so conveyed by the said Joshua Ensminger and in default thereof that a Commission in Chancery be appointed by the court to make and delineate to them such Deed of Conveyance as may assure to him the legal title to all said south half of the same."
"They further say that Edward Polley, James Polley, Joseph B. Polley, Milton Polley, and Martha Polley are minors under the age of 21 years, and ask therefore for the appointment of a Guardian ad litem to appear for and defend them, and for such further relief as the Court may adjudge proper."
Phillip Ensminger John Ballard By Ray & McFarland
Attorneys for Plff
PHILIP ENSMINGER
VS ENSMINGER HEIRS
SHELBY CIRCUIT COURT
"John Ballard vs Philip Ensminger, Andrew Ensminger, Rush Co, John Ensminger, Catharine Hafford, wife of Robert Hafford, Ible Lacy, wife of Joseph Lacy, Hannah Huffman, wife of Fountain Huffman, Rush Co, Riley (dead) leaving two children, Wm & Catharine, minors, of Shelby County, & Patsey died leaving children in Hancock, names to be ascertained & name of husband of Catharine."
PHILLIP ENSMINGER
ET AL VS ANDREW ENSMINGER
ET AL DEFENDANTS (Compiler's Note--The following names were listed in a column as the defendants in the civil suit. For the purposes of space, I will list them in paragraph form.)
"Andrew Ensminger, John Ensminger, Hannah Huffman, Fountain Huffman, Isabella Lacy, Joseph Lacy, Fountain Huffman {yes, it's in there twice}, William Ensminger, Catharine Hafford, Robert Hafford, Mary Ensminger, Nancy C. Johns, Christopher John, Elizabeth Estill, Alfred Estill, Mary A. Bell, George Bell, Andrew Polly, Allen Polly, Wm P. Polly, Edward Polly, James Polly, Joseph B. Polly, Milton Polly, Martha Polly"
IN THE SHELBY CIRCUIT COURT
FALL TERM 1855
PHILLIP ENSMINGER ET AL
VERSUS ANDREW ENSMINGER ET AL
"Be it remembered that on the 13th day of October 1855, the same being the sixth judidicial day of the Fall Term of the Shelby Circuit Court, personally appeared in open Court, David Thacher, who being duly sworn, says that the appended notice was published in the NATIONAL VOLUNTEER, a weekly newspaper of general circulation, printed and published in Shelbyville, Shelby County, Indiana, for four weeks successively. The last of which publications was more than thirty days prior to the first day of the present term of this Court, and further says not--" David Thacher "Subscribed and sworn to me in open Court October 13, 1855"
J. Vernon Clerk (Compiler's Note--The following material is the newspaper item appended to the proof of publication document in this civil case)
STATE OF INDIANA
Shelby county, ss.
IN THE SHELBY CIRCUIT COURT, OCTOBER TERM
1855 Phillip Ensminger
and John Ballard
vs Andrew Ensminger
John Ensminger
Andrew Polley
George Bell and
Mary A. Bell et al
"BE it remembered, that on the 3d day of September, 1855, the above named plaintiffs, in the above entitled cause, filed their complaint in the office of the Clerk of the Shelby Circuit Court, and at the same time filed the affidavit of a disinterested person, setting forth that the defendants, Andrew Polley, George Bell and Mary A. Bell, are not residents of the state of Indiana. Therefore the said Andrew Polley, George Bell, and Mary A. Bell are hereby notified of the filing and pending of said complaint, and they are hereby required to personally be and appear before the Judge of said Court, on the 1st day of next term thereof, to be holden at the Court House in Shelbyville, on the second Monday in October, 1855, then and there to answer said complaint, or the same will be heard in their absence and decreed upon accordingly."
J. VERNON, Clerk RAY & McFARLAND, Att's for Compl'ts
Sept. 6, 1855---3w.---pf$3 ESTATE OF PHILIP ENSMINGER
March Term 1882
19 Day (Probate) Circuit Court
Probate Order Book 23 � pgs. 201--202
The deceased made the following further advancements
To Cloe Conull a daughter 40.00 To Roxey A. Wilson a daughter 120.00 To Julia Ensminger a daughter 100.00 (sic--Julian Ensminger a son)
Total Advancements $260.00 Total Amount For Distribution $1304.55 There are nine heirs and this leaves to each heir the sum of $144.55
"Philip Ensminger died on the 28th day of March 1880, leaving no widow but the following children and grand children
"Delila Rucker, a daughter, who died some 12 years ago leaving as her only heirs three children towit: Julia A. Rucker, Lizzie Rucker and Jennie Green, all adults reside in Shelby County, Indiana, Jennie Green resides in Rush Co., Ind. St.Clair Ensminger, a son, Cloe Conull, a daughter, who resides at Mocasin P.O. Effingham Co., Ills., John Ensminger, a son who died just before his father, leaving the following children, Romaine W. Ensminger, Jennie M. Ensminger adults, Flora B. Ensminger, Harriet E. Ensminger, George H. Ensminger & Charles C. Ensminger minors and Louisa E. Ensminger their mother is guardian, the heirs all live in Shelby county, Indiana. Andrew Ensminger a son Shelby Co. Ind. Julian Ensminger a son died since his father leaving as his heirs his widow Jennie Ensminger who is guardian of her children who are all minors and their names cannot be given live in Shelby County Indiana. Roxey Ann Wilson a daughter Shelby Co. Ind. Mary Lewis who died before her father leaving two children minors Flora Lewis and Lucian Lewis and the undersigned is their guardian resides in Shelby Co. Indiana. William A. Ensminger a son Shelby Co. Indiana."
"The debts have all been paid and the expenses of settlement of the Estate is paid and the Administrator as soon as he found he could do so safely he paid to each heir or their representative or Guardian the sum of One hundred and twenty five dollars less the advancements to Cloe Canull Roxey A. Wilson and Julian Ensminger as aforesaid and now files the receipts herewith and makes the same a part of this report. To William and Andrew Ensminger he paid each One hundred and fifty dollars who afterwards refunded to the Administrator all over their distribution share $144.95 each."
"After the distribution of One hundred and twenty five dollars to each heir or their representative, the final distribution left the sum of $19.95 coming to each heir or their representative and the Administrator has paid them in full and taken the receipts in full from the heirs and Guardians and files them herewith, and makes them a part of this report and this Estate, having been fully administered upon asks that this report be approved and the Administrator finally discharged."
St Clair Ensminger
Subscribed and sworn to before me this 1st day of February 1882.
(L.S.) John S. Ferris
Notary Public
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