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Note: CENSUS:Found her family in 1850 census of Morgan Co. ,Ind. with her father George Troxell(50) Farmer, b. in Ky. His wife is not listed. Others on list Polly A.(25),Elizabeth(16), Asberry(16)kk, Jacob(14), Naoma(11), Jane(10), Troxell and Catharine Davis (4). Polly born in Tenn. others in Ind. Jackson Twp. Morgan, Co.,Ind. CENSUS:1850 CENSUS OF MORGAN CO., IND JACKSON TWP 3 OCT FAM. 657 P. 57 LINES 39-42 CONT ON P.56 LINES 1--4 GEORGE TROXELL 50 M FARMER 650 KY POLLY A. TROXELL 23 F TEN ELIZABETH TROXELL 16 F IA Note that IA in this time is Abbrev. for INDIANA ASBERY TROXELL 16 M " JACOB TROXELL 14 M " NAOMA TROXELL 11 F " JANE TROXELL 10 F " CATHARINE DAVIS 4 F " see RIN 1342 for George Troxell RIN 2955 For Nancy and Andrew Troxell CENSUS:1840 census of Morgan Co., IN p.133 Daniel Troxxell 3rd line from bottom of page males 5-10 1 10-15 1 15-20 1 50-60 1 females 10-15 1 15-20 2 20-30 2 50-60 1 p. 136 1840 George Troxwell 7th line from top of page males under 5 1 5-10 1 10-15 2 15-20 1 30-40 1 females under 5 1 5-10 2 10-15 2 30-40 1 CENSUS: 1830 census of Morgan Co., IND p. George Troxal line 2 from top of page males bunder 5 1 5-10 2 15-20 1 20-30 1 females under 5 2 20-30 1 . James Troxal line 3 from top males under 5 1 5-10 1 50-60 1 females under 5 2 5-10 1 10-15 2 15-20 2 40-50 1 . LAND: STATE OF OKLAHOMA COUNTY OF HARPER SS IN THE DISTRICT COURT John E. Morgan, Plaintiff, No. 5328 ;vs. Maud Johnson, formerly Maud Williamson, and -----Johnson, her husband; David M. Finchum; Orie Warren; William Warren; Roy Warren; Nellie Carithers; Bob McAllister; Viola Finchum; Ruth Finchum; Lena Finchum; Charley Finchum; Joyce Ann White; Harry Finchum; Maysil White; Manuel Finchum; Everett Finchum, a minor over the age of 15 years; Betty Finchum, a minor under the age of 14 years; Charles O'Haver; Roy Scates; Minnie Shatta; Cyrus Finchum; John Finchum; Albert A. Smith; Robert Finchum;Kaleb Busick; C.W. Williver; Glen Thomas; Harry Thomas Letha Sailor; Ralph Thomas; if such persons be living, and if they, or any of them be dead, then the respective unknown heirs, executors, administrators, devisees, trustees and assigns of such deceased persons; Franklin Stecher, administrator of the estate of Jess L. Finchum, deceased; The unknown heirs..... of David Finchum, also known as David Finshum, deceased; The ....heirs.... of Samuel Finchum, deceased; The....... of Sarah Busick, deceased; The..... of Mary E. Warren, deceased; The ..... . .. of Ray Finchum, deceased; The ...... . . . ..of Jessie Finchum, also known as Jess L. Finchum, dec. The ... . . . . of Sarah Williver, formerly Sarah Thomas, dec. The ..... . . . . of Isaac Busick, dec. The ... . . . . . of Belva McAlister, dec. The .. . . . . .. of Alice Williamson, dec. The .. . . . . . of Willis F. Williamson, dec. The .. . . . . . . of Iona Morgan, formerly Iona Williamson, dec. Defendants. PETITION Comes now the plaintiff and for cause of action against the defendants, and each of them named in the caption hereto alleges and states: 1. That the plaintiff is the owner of the legal fee simple title to, and is the actual, open, notorious, exclusive, adverse possession of the following described real estate and premises, to-wit: TRACT 1. The West Half )W 1/2) of the Southwest Quarter (SW 1/2) of Section Twenty-nie (29), and; the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty, all in Township Twenty-five (25) North, Range Twenty (20) West of the Indiana Meridian in Harper County, Oklahoma; TRACT 2: The West Half )W 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty (30) in Township Twenty-five (25) North, Range Twenty (20) West of the Indian Meridian in Harper County, Oklahoma; TRACT 3: The Northeast Quarter (NE 1/4) pf Section Thirty-one (31) in Township Twenty-=five (25) North, Range Twenty (20) West of the Indian Meridian in Harper County, Oklahoma. 2. That the plaintiff acquired his title to all of the above described real estate as the sole devisee of Iona Morgan, deceased in Probate Proceeding No. 1078 in the County of Harper, Oklahoma, The Final Decree of which estate was dated June 15, 1945, and a certified copy thereof was filed for record June 29, 1945, and recorded in Book 17 Miscellaneous Records at page 190 in the office of the County Clerk of Harper County, Oklahoma. That said probate was in all wise due, legal and sufficient to vest the title to said real estate in the plaintiff. The plaintiff further alleges that the said Iona Morgan, deceased, was formerly Iona Williamson. 3. That the said Iona Morgan acquired her title to TRACT 1 and TRACT 2 as follows, to-wit: (a) A Warranty Deed from Willis F. Williamson and Alice Williamson, his wife, date November 23, 1932, filed for record November 28, 1932, and recorded in Book 21 at page 341 in the office of the County Clerk of Harper County, Oklahoma. (b) a correction Warranty Deed from Willis F. Williamson, That said Warranty Deeds from Willis F. Williamson and Alice Williamson, his wife to the said Iona Morgan were in all wise sufficient in law to best the title to said Tract 1 and Tract 2 in sdaid Iona Morgan. 4. That the said Willis F. Williamson died in 1938, and his life estate in Tract 1 and Tract 2, as set forth in numerical paragraph 3 above, terminated, and all right, title and interest in and to said Tracts vested in the said Iona Morgan. 5. That the said Willis F. Williamson acquired his title to Tract 1 by a Warranty Deed from James M. Kimmel and Lucy Kimmel, his wife, dated August 15, 1921, filed for record September 29, 1921, and recorded in Book 16 of Deeds at page 435 in the office of the County Clerk of Harper County, Oklahoma. 6. That the said James M. Kimmel acquired his title to Tract 1 by Patent from the United States of America, dated November 5, 1908, filed for record May 4, 1909, and recorded in Book 1 of Patents at page 357 in the office of the County Clerk of Harper County, Oklahoma. 7. That Willis F. Williamson acquired his title to Tract 2 by a Warranty Deed from Robert C. Kisor and Zella A. Kiser, his wife, dated May 20, 1904, filed for record May 20, 1904, and recorded in Book 10 of deeds of Woodward County, Oklahoma Territory, now transcribed and a part of the records of the County Clerk of Harper County, Oklahoma. 8. That Robert Kiser acquired his title to Tract 2 by Patent from the United States of America, dated January 1, 1905, filed for record December 14, 1905, and recorded in Book 4 of Patents at page 27 in the office of the Registerer of Deeds of Woodward County, Oklahoma Territory, now transcribed and a part of the records of the County Clerk of Harper County, Oklahoma. 9. That the said Iona Morgan, formerly Iona Williamson, acquired her title to Tract 3 by a Warranty Deed from Willis F. Williamson and Alice Williamson, his wife, dated March 21, 1925, filed for record April 30, 1925, and recorded in Book 19 at page 44 in the office of the County Clerk of Harper County, Oklahoma. 10. That the said Willis F. Williamson acquired his title to the South Half (S 1/2) of Tract 3 by a Warranty Deed from James M. Kimmel and Lucy Kimmel, his wife, dated August 31, 1912, filed for record November 27, 1912, and recorded in Book 6 of Deeds at page 187 in the office of the County Clerk of Harper County, Oklahoma. 11. That the said Willis F. Williamson acquired his title to the North Half (N 1/2) of Tract 3 by a Warranty Deed from James M. Kimmel and Lucy Kimmel, his wife, dated March 7, 1914, ffiled for record March 11, 1914, and recorded in Book 9 of Deeds at page 103 in the office of the County Clerk of Harper County. Oklahoma. 12. That James M. Kimmel acquired his title to all of Tract # by a Warranty Deed from H. R. Kent and Etta Kent, his wife, dated October 29, 1910, filed for record October 31, 1910, and recorded in Book 4 of Deeds at page 365 in the office of the County Clerk of Harper County, Oklahoma. 13. That H. R. Kent acquired his title to Tract 3 by a Sheriff's Deed from J. R. Beeman, Sheriff of Harper County, State of Oklahoma, dated September 6, 1910, filed for record September 12, 1910, and recorded in Book 2 of Deeds at page 41 in the office of the County Clerk of Harper County, Oklahoma. That said Sheriff's Deed was executed pursuant to an order of confirmation of sale in a partition action wherein David M. Finchum, was plaintiff and Mary E. Warren, Samuel Finchum, Robert Finchum, Sarah Busick, Ray Finchum, Jessie Finchum, Cyrus Finchum, John Finchum, Albert A. Smith, Minnie Shatto and Sarah Thomas were defendants, and being Cause No. 108 in the District Court of Harper County, Oklahoma. That said Sheriff's Deed was due, legal and sufficient, and was based upon good and sufficient judgement in partition, and good and sufficient proceedings and notice of Sheriff's sale. That at the time of, and prior to, the issuance of said Sheriff's Deed, said Tract 3 was owned by the following named persons in the proportions set after their names, to-wit: David M. Finchum, 1/9; Mary E. Warren, 1/9; Samuel Finchum, 1/9; Robert Finchum, 1/9; Cyrus Finchum, 1/9; John Finchum, 1/9; Sarah Busick, 1/9; Albert A. Smith, 1/18; Minnie Shatto, 1/18; Ray Finchum, 1/27; Jessie Finchum, 1/27; Sarah Thomas, 1/27; That said persons acquired their title to Tract 3, by Patent from the United States of America to the Heirs of David Finshum, dated May 21, 1908, filed for record April 3, 1909, recorded in Book 1 of Patents at page 322 in the office of the County Clerk of Harper County, Oklahoma. Plaintiff specifically alleges that David Finshum made original homestead entry on said Tract 3, and that prior to the issuance of the Patent thereon, the said David Finshum died intestate and left surviving him, as his sole and only heirs at law under the laws of Oklahoma, the said David M. Finchum, Mary E. Warren, Samuel Finchum, Robert Finchum, Cyrus Finchum, John Finchum, Sarah Busick, Albert A. Smith, Minnie Shatto, Ray Finchum, Jessie Finchum and Sarah Thomas, which persons took such real estate as original Patentees, as above set forth; that each of said persons were divested of their title in said real estate by virtue of the above Partition action and Sheriff's Deed, and that they have no further interest in and to said Tract 3. Plaintiff further specifically alleges that David Finchum was one and the same person as David Finshum. 14l. Plaintiff alleges that all of the deeds and instruments hereinabove referred to by Book and Page, are by reference thus incorportated herein, and made a part of this petition. 15. Plaintiff specifically alleges that he, and his predecessors in title have been in the open, notorious, exclusive, peaceable, continuous adverse possession of all of Tract 1, Tract 2 and Tract 3 for more that 15 years prior to the filing of this petition, under color of title, and that no person or persons, and particularly the defendants herein have interferred with such possession, and have filed no suit to oust the plaiantiff and his predecessor in title, from possession of said real estate or to contest their title thereto, and the claims of the defendants, if any they ever had, are long since barred by limitation. 16. The plaintiff further specifically alleges that he and his predecessors in title have been in the open, notorious, excllusive, peaceable, continuous adverse possession of Tract 3 under color of the Sheriff's Deed set forth in numerical paragraph 13 above, for more that 5 years prior to the filing of the petition, and that no person or persons, and particularly the defendants, have interferred with such possession, and has filed no suits to oust the plaintiff and his predecessor in title, from possession of said real estate or to contest their title thereto, and the claims of the defendants, if any they ever had, are long since barred by limitations. 17. The plaintiff further specifically alleges that the defendants, and each, every and all of them named in the caption hereto, claims some right, title or interest in and to the real estate, first above described, the exact nature of which claims are wholly unknown to the plaintiff, except the believes that they are based upon the alleged irregularity in deeds and conveyances of records, and discrepanacies and irregularities in Court Proceedings constituting a part of the chain of title to said real estate. And the plaintiff alleges that the defendants should be required to come into court and set up their claims, if any they have, but the plaintiff alleges that the defendants or any of them, have no right, title or interest in and to any of said real estate, or any part thereof and the title so vested in the plaintiff is valid and perfect. 18. Plaintiff alleges that Samuel Finchum died and left ssurviving him as his sole and only heirs at law, so far as know to plaintiff, Viola Finchum and Ruth Finchum, his daughters. That Sarah Busick died and left surviving her, as her sole and only heirs at law, so far as known to plaintiff, Isaac Busic and Kaleb Busick, her sons. That Isaac Busick died and left surviving him, as his sole and only heir at law, so far as known to plaintiff, his brother Kaleb Busick. That Mary E. Warren died and left surviving her, as her sole heirs at law, her children, Orie Warren; William Warren;; Roy Warren, Nellie Carithers, and Belva McAlister. That Belva McAlister died and left surviving her, as her sole and only heirs at law, her son, Bob McAlister. That Ray Finchum died and left surviving him, as his sole and only heirs at law, his children: Charley Finchum, Joyce Ann White;; Harry Finchum, Maysil White; Manuel Finchum, Everett Finchum; and Betty Finchum, and his wife Lena Finchum. That Jessie Finchum, who was also known as Jess L. Finchum died and left surviving him as his sole and only heirs, Charles O'Haver, Roy Scates, Manuel Finchum; Everett Finchum; Charley Finchum, Maysil White; Betty Finchum; Harry Finchum; Letha Sailor; Harry Thomas; Glen Thomas;; Ralph Thomas. That Sarah Williver, who was formerly Sarah Thomas, died and left surviving her, as her sole and only heirs, C.W. Williver; Glen Thomas;; Harry Thomas, and Ralph Thomas. That Willis F. Williamson died and left as his sole and only heirs at law, and devisees, Alice Williamson, Iona Morgan, formerly Iona Williamson and Maud Johnson. That Alice Williamson died and left surviving her as her sole and only heirs at law Maud Johnson and Iona Morgan. Wherefore, premises considered, plaintiff prays judgement quieting the title to all of said Real Estate described in numberical paragraph 1 above, in the plaintiff and his heirs and assigns forever; and forever barring and perpetually enjoining the defendants, and each, ever and all of them from ever at any time asserting any right, title or interest in and to said real estate or any part thereof. And the plaintiff prays for such other and further judgement as to the court may seem just, necessary and proper in the premises. HOLCOMB & HOLCOMB, Bufflao, Oklahoma By Marcus ..lionel, Attorneys for Plaintiff.
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