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P I K F C I R C U I T C O U R T.
Spring Term, 5" day, 187b.
John P. Cecil & Comnanv Plaintiffs.
. .1 7
Against// ‘ O r d i n a r y.
Baum & Smith, Defendants.
The defendants having been duly summnncd and failing
to answer, it is therefore adjudged by the Court that the plain-
tiff recover of the defendants the 81m of Six Hrndred and Forty
Two dollars, with interest at Ofl per anntm from the first day
of may, 1873 until paid, and their costs herein expended.
,
A copy attest: ‘
J. B. Polly Clk. ' ‘
By A. 3. Johnwon, D. C.
3’
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 State of Kentucky,)
)Sct.
Count? of “ikc, \

The affiant, A. J. Hatcher, and C. C. Bowles, Adminis—
trator of the estate of J. P. Cecil and Crit Cecil, say: That
the Judgment, a copy of which is hereto attached is just and
has hever been paid, except there has been paid thereon the
following sums: January 22" 1880 $212.75; February 22" late
$80.48; July 25" 1887 $65.35, th? remainder of s.ld judgment
is past due and unpaid; that there is no oft—set or discount
against the same, except the above credits,or any usury embraced
the ein; that J. P. Cecil and Crit Cecil, two of the judgment‘s
creditors are both dead, and that C. C. Bowles is the Admin—
istrator of both of them.

AJ Hatcher.
Signed: C. C. Bowles.
Sworn to before me by A. J. Hatcher and C. C. Bowles, this
February SQ" lTOS.
J9me: uetcher, Clerk.
By R. A. Hellier, D. C.
_JLO
h" w ' I
' ' ‘“"" »--~—--—~o——o~—7+~_. , ..V__.__....v.,. 7-.....M...r..._._-.;.._..._. We. a“; :.g.

 P I K E C I R C U I T C O U R T. ,
I
A. J. Hatcher, Surviving Partner of
7. “. Cecil E Compan", and C. C; Femies Plaintifte.
Administrator of the estate of J. P.
Cecil and Crit Cecil, Deceased.
Against// P e t t t i o n.in Equity.
The Unknown heirs of A. F. Baum, deceased Defendants.
and Wm. M. Smith, deceased.
The Plaintiffs state that at the Spring term of the Pike
Circuit Court, 1C75, the firm of J. ”. Cecil & Company, composed
of J. P. Cecil, and the Plaintiff A. J. Hatcher, obtained a
judgmentagainst A. F. Dam and William M. Smith for th sum of
. $642.66, with interest thereon at Ofl per annum from the first
day of May, 1873; that execution was issued therton from time
to time, and the last execution thereon was issued June, 1887.
There has been collected and paid on Said judgment by execution
the following named s ms: January 22" 1880 #211.75: February
29" 1886, $€O.4E: JUly 25" 1887, $65.;5. The remainder of
said judgment is yet due and unpaid.
Plaintiff: state that J. P. Cecil and Crit Cecil are both
dead, and have been for many years; That plaintiff C. C. Bowles
was appointed administrator of the estate of both of these at ‘
June special term, June 7" 1897, of the Pike Circuit Court. . ;
William Connolly who Was the administrator of said estate havin; ‘
died in May, 1897. '
The plaintiff new states that A. F. Baum and William
ii Smith are both dead, and have been, as they believe for several ‘
,
years past; but the exact year or time of death of each is
unknown to the plaintiff . They say that said Baum and Smith 1
were also at their death non—residents of the state’of Kentucky
JJ.-2 7 V V.
. , ., ‘l,i .mm _ “all ..lmw Mi_liMlll.i..___________.___.mflwil,,sgi;--

 That they do not know whether each left a widow surviving
them or not, or whether each left children surviving them or
not; and do not know the names of the real representative or
heirs at law of the said Baum and Smith, or the Post Office
address of either or of any of them.

Plaintiffs further say that at the time f the death of
said Baum and Smith, neither of them owned any personal property
in Pike County, or the state of Kentucky, known to defendants;
that they died owner in fee of one eighth each in two tracts
of and in Pike County, on the waters of the Lick Fork of Beef
Hide creek and Blaze branch of Shelby creek; said tracts are
described as follows: First containing 318 acres, and bounded
as follows: Beginning at a White Valnut on a bench of a ridge

‘ and line of a 50 acre survey made in the name of John Mullins
about one—half mile from the head of said Blaze Branch, with
the calls thereof N. 15 W. 154 poles to a Sugar tree in a
flat hollow; therce leaving said line and running up a hill
with a line of a 100 acre survey made in the name of Nels Mul-
lins; S. 20 W. 19 poles to a Lynn, a corner of said survey;
thence N. 43 W. 252 poles crossing a ridge to a dngood on a
line of a 150 acre survey of said Mullins on the Big branch
of Lick fork of Beef Hide creek; thence running with the calls
thereof S. 22 V. lSBXboles, running up said Lick fork to a Blacl
“in“, a former corner of said swrvey; Q. 35 F. 19 poles to a
beech nearly opposite the forks of said fork; S. 87 E. 20 pole”
* to a small hickory on the bank of a drain; S. 65 E 25 poles

to a chestnut oak on a point; S. 50 F. 44 poles to a small

; hickory; S. 44 E. 58 poles to a small hickory; S. 50 E. 25 poler
to a beech; S. 45 F. 48 poles to a black oak; S. 5 W. 14 poles
to a Buckeye on a flat, the beginning corner of-Kenry Elkins

#4 .
, , , m a min 7 Yam” Mimwidmnhasaiiimi_._____________mal5,:gam w

 survey; thence running up said branch with the calls thereof
S. 60 E. 128 poles to a chestnut on top of the dividing ridge
betwean said Blaze branch and the left hand fork of said Lick
fork, on the north east line of the Gallop survey; thence leav-
ing said Gallop's lineN. 28 w. 120 poles to a chestnut oak on
a point next to Blaze branch; N. 38 E. 20 poles to the begin—
ning; said treat of land We" surveyed b" Corley, qwith & Company
January 12", 1871.
S E C O N D T R A C T.
Being a survey made by Corley Smith & Company, January
' 5" 1871, containing 680 acres lying on the Blaze branch of
Shelby creek, and the Lick fork of Beer Hide creek, and bounded
as IollOWs: Beginning at a Black Gum in a hollow opposite Bruce
Soward's old house and line of a 100 acre survey or Milt Mul—
lins; thence running down said Blaze branch N. 50 E. 18 poles
to a small hickory on a point; N. 24 50 E. 26 poles to a White
oak on a point; thence N. 28 50' E. 50 poles to a cucumber on
a bench; thence S. 82 50' E. 28 poles to a small hickory N. 32
. 50' E. 8 poles to a sasafras on a line of a survey made by
John May; thence with said calls N. 18 W. 41 poles to a chest—
nut oak on a point; thence leaving said call N. 72 50' W.
26 poles to a sourwood; N. 60 50' W. 56 poles crossing a hol—
low to a large beech a corner of a 50 acre survey made in the
name of John Mullins on the Hog branch of Blaze brrich: N. 71
. ‘ poles to a wild cherry, near a drain, a corner of said survey;
N. 88 E. 126 poles to a hickory; N. 17 50' E. 92 poles crossing
V a bpgpch to n man-e on the dividing ridte b tween said branch
and A. J. qowards branch; N. 75 W. 44 poles to a sxgar tree
at the head of said Seward branch; 8. 61 w. 5 poles to a small
./
,. , .§Sh on a line of a 200 acre survey made in the name of W. Flem— é)

 ming; N. 65 W. 22 poles to a chestnut oak a corner of said
srrvey; thence with said line N. 46 poles to apoplar; N. 50
T. 50 poles to tw 0 small elms; N. 21 E. 50 poles to a Black
gum and chestnut on bench N. 42 E. 92 pokes to to two black
gums on top of a ridge; N. 25 E. 92 poles to a black gum; N.
66 E. 44 poles running down the hill to a double lynn, a corner
of Flemming survey; N. 20 poles to a beech on the bank of Shel—
by creek, a line of a 150 acre survey made in the name of Payne
Johnson; thence running with the calls tLereoi N. 85 W. 18 182
poles running up a hill to a hickory, a corner of said survey
next to payne JohnSOn's branch; N. 20 E. 50 poles to a black
gum and hickory; thence leaving the calls of said survey, same
course 16 poles to a beach on the bank of Shelby creek on a
dividing line between William N. Johnson and C. Cecil; thence
running down sheloy crock, N. 62 W. 24 yoles to a double chest-
nut about 4 poles from said crock; S. 77 W. 24 poles to a beech;
S. 15 W. 28 poles to a white oak opposite said Johnsone house;
S. 12 W. 10 poles to a be oh a corner of Payne Johnsons survey
Thence with the calls thereof S. 52 E. 80 poles to a beech and
Joplar, Opposite te forks of Flemmings branch; S 60 F. 50 poles
to a sourwood; ‘. 16 E. 50 poles to a chestnut oak;on the side
0, a fork ridge; 8. 50 W. 50 poles to a black locust near the
head of said branch; N. 51 W. 16* poles crossing the head of
said branch to a black locust near the top of the ridge between
said branch and orchard hollow of Beef Hide creek; thence S.
26 W. 32 poles crossing a ridge to a white oak near a drain;

V thance leaving said calls and running up the orchard hollow

' S. 20 50' F. 54 poles to a hickory on a point; 8. 44 E. 76 poles
to a chestnut oak on some rocks; 8. 18 E. 60 poles to a chest-
nut; S. 2 W. 40 poles to a lynn on a fork point near the head
or said branch; 3. 41 W.2o poles to a hickory in the mad or (I

 said branch; thence running down said branch with the calls

of a 50 acre survey of Levi Greer; N. 41 W. 50 poles to a chest-
nut oak; N. 48 W. 24 poles to a chestnut oak on top or the dv—
iding ridge between said branc and Lick branch on Beef Hide
Creek; H. 58 V. 52 poles to a Water oak on 8 id ridge; N. 75
W. 27 _oles to a small hic‘ory; S. 85 30' W. 36 poles to a
double hickory; N. 5 W. 22 poles to a black oak on said ridge;
thence leaving said ridge and r‘nning down the point next to
said Lick f~rk S. 69 W. 56 poles to ahickory a line of a 151
acre survey of Nels Mullens; thence running up the said Lick
branch with the calls therof S. 42 E. 145 poles to a small
dogwood in the head of a drain; 8. 23 W. 155 poles to a suur —
wood near the Big Branch of Lick Branch3Thence leaving said
line and running ug Lick Branch with the calls of a 100 acre
survey of sa.d Mullins, S. 70 E. 28 pol s to a white oak, a
corner of sgid survey; 3. 85 E. 22 poles to beech same course
50 poles to a hickory; S. 60 F. 100 poles to a hicfory on a
point next to Blaize banch; S. 85 poles to the beginning.

A copy of the judgment is herewith filed and made part
hereof, marked "A" together with the amornts paid and date
thereof. A copy of thefl last Execution issued on said judgmmnt
is filed herewith marked "B" and made part herof.

The plaintiffs say there is no personal representative
of the said Baum,&Smith or either of them residing in the state

kn-Ol’m— to plaintiffs.

Whe:efore the plaintiffs pray that the one—eighth interest,
undivided, of the said A. F. Baum and the said William M. Smith
in each of the above described tracts of land be sold and the

5 proceeds applied to the payment of the balance of the said
. judgment, after deducting credits and the costs of thés suit.
J. M. Robertson.
Attorney for Plffs.

 State of Kentucky.g
Set.
Pike County. )

The Pla.ntiff A. J. Matcher and C. C. Bowles, say that
the statements contained in the foregoing petition are true,
as they believe.

C. C. Bowles, Administrator.
Signod// A. J. Hatcher.
Sworn to before me by A. J. Hatcher and C. C. Bowles,
this 26" day of February, 1902.
James Hatcher, Clerk.
By R. A. Hellier, D.C.

 A. J. Matcher &c., Plaintiff.

Against/V'Warning Order.
The unknown heirs of A. E. Baum, deceased, Defend nts.
and William M. Smith deceased.

The unknown heirs of A. F. Baum deceased, and William
M. Smith deceased, are Warned to appear in this court on the
first day of ”ext april term 1902, to answer the petition of
the plaintiffs A. J. Hatcher and C. C. Bowles administrator
of John C. Cecil deceased and Crit Cecil deceased, and Roscoe
Vanoven, a regular practising attorney of this court as appont—
ed to defend for said unknown defendants, who accepts said
said app intment.

Witness my hand this 26" day of F»b. l 0?.

Signed: J. B. Polley Clerk.
By A. S. Johnson, D. C.

 P I K E C I R C U I T C O U R T.
A. J. Hatcher 8c 0., Plaintiff.
Against// Amended Petiti-fn.
The unknown heirs of A. F. Baum ,
and James S. Smith, Defendants.
her “in
The plaintiff amends their petition"and for amendment state
that they have recently been informed and since the judgment and
sale herein, that the defendant, James S. Smith, is a creditor of
the estate of A. F. Baum; that in the lifetime of said A. F. Baum
a personal judgment was rendered against said Baum in favor of said
Smith for the swm of about $12000.00 in the Circuit Court of Knott
County in this state, an d for that reason he is made defendant
hereto.
, The plaintiffs further state that the land ordered sold at
the last term of this court has been sold by the special Commission—
er, A. E. Auxier, report of sale made, filed and confirmed at the
present term of this court, and deed made to the purchasers, !. J.
Hatchcr and C. C. Bowles; that said land did not sell for enough
to pay the plaintiff's debt interest and cost of suit; that it
brought the sum of $800.00; that there is yet due the plaintiff
principal and interest up to this time the sum of $914.02.; that
the amount for which said land was sold is druly credited on plain—
tiff's judgment, the balance of which is yet due and unpaid.
The plaintiff new states that the said A. F. Baum and William
. M. Smith died the owner of the one undivided one—eighth e oh, or 7
one fourth jointly in the following described tracts of land, to—wit
h Situated in Pike County fientuzky, on the waters of Beef Hide Creek,
and bounded and described as follows: First: a tract containing
féfi acres more or less, surveyed by Corley Smith & Company Jan.

 16" 1871, a firm composed of William Copley, the said A. F. Baum
deceased, the said William M. smith deceased, and John Heath. Ly—
ing on the ridge between Beef Hide creek and the Lick fork thereof,
beginning at a beech on a hillside at the back side of What Was
the Spencer Mullins I1eld, on a line of z 50 acre survey made in
the name of Robert Mullins, a short distance up the r ght hand fork
of the Lick fork; thence S. 20 W. 51 poles, running up said Igrk
to a beech on a line of a 100 acre survey made in the name of
Thomas P. May;thence running with the calls thereof up Dick's hol—
low, S. 88 T. 7d poles to a hickory on the top bench3thence leav—
ing said line N. 19 E. 19 poles to a black oak on top of the di—
viding ridge between said fork and Beef Hide creek on a line of
a survey made in the name of Harvey Elkins; thence running with
the calls tkereof N. 45 E. 19 poles to two black gums on top of
said ridge; N. 27 W. 106 poles running down the old field branch
to a large dog—wood on a line of a 100 acre survey made in the
name of Booker Mullins; thence with said line H. 35 E. 95 poles
running down said Beef Hide creek to a Sugar tree; N. 40 E. 200
poles to a white oak on a hill side; thence leaving said line N.
79 E. 22 p.195 running up a hill to a hickory on thc dividing ridge
between said Lick fork and Beef Hide; thence running up said ridge
S. 5 W. 63 poles to a branch of black oak sprouts in the head of
the hollow; S. 88 E. 27 poles running down a hill next to Lick
fork to a Mulberry on the side of a drain;N. 57 E. 12 poles tc a
bi:ch in said drain on a line of a survey made in the name of Nels
Mullins; thence with the calls thereof up said Lick fork S. 1 F.
258 poles to a white oak near (then) Sol Adams fence; thence leav- .
ing said line S. 27 W. 35 poles to a small black oak; S. 25 T. 22 :
‘1 poles to a poplar; S. 32 poles to a maple; S. 15 50' W. 51 poles '
j to a dogwood; S. 4? E. 18 poles to a dogwood; thence S. 51 poles
E to the beginning.
" .,h.m n ... _-_ 1-1-,W114-1,-;,,1,--T, L, ’:gw_"~

 Second Tract.

A tract of land containing 467 acres, more or less, surveyed
January 16" 1861 by Corley Smith & Company, a firm Composed of
said William Corley, William M. Smith, A. F. Baum and John Heath,
lying on the right hand fork of the Lick fork of Beef Hide creek
and on Booker fork or said Beef Hide creek; beginnlng at a poplar
on the left hand side of the right hand fork of the Lick fork ofipo—
site the mouth of Dicks Hollow, a corner of the survey made in the
name of Alex Mullins; thence running up said fork with the calls
of a 50 acre survcy made by said Mullins; S. 12 E. 55 poles to
a bcech, a corner or said survey;S. 40 E. 55 poles to a large
poplar; S. 32 E. 170 poles to a hickory; S. 1 E. 24 poles to a hick—
ory in the head of said fork; thence same course 58 poles to a
chestnut sprout; thence running down said fork N. 54 W. 217 poles

V to a b ckeye on a flat; N. 5 E. 50 poles to a black oak; thence
leaving said lane N. 13 W. 52 poles to a double dogWood on a line
of a survey made in the name of Thomas P. May; thence running with
saidline S. 35 W. 5 poles to a sourwood, a corner tree of said
survey; S. 60 W. 12 poles to a birch on a rock, on a point on the
left hand side of Dicks hollow; S. 50 W. 100 poles running up the
left side or said hollow to a small lynn on the top of the ridge
between said Dicks hollow and beef hide creek, a corner of said
survey; 8. 89 W. 75 poles to a hickory; thence running down said
Beef Hide creek N. 10 W. 97 poles to a cucumber on the side of a
point next to Beef Hide creek; N. 86 E. 28 poles to a dogwood on
a line of a suery made in the name of Harvy Elkins; thence with
said line N. 28 W. 20 poles to a sugar tree; thence running up

‘ said Beer Hide creek N. 87 50’ W. 16 poles to a sourwood on a line
_ of a survey made in the name Smith Mullins heirs; and running with
F sald line S. 2 50' W. 176 poles to a white oak, a short distance
up Booker fork of Beef Hide creek; S. 45 50' E. 58 poles to a
white oak, a corner tree of a 150 acre survey made in the name of
Smith Mullins; thence running up said Booker fork with the cells J

 thereof S. 65 72 poles to a white oak; S. 44 E. 70 poles to a pop-
lar; S. 72 E. 94 poles to a beech; S. 40 E. 61 poles to a Sugar
tree; S. 50 V. 17 poles to a large poplar, a corner of said survey
in the head of said fork; same course 59 poles to a small black
oak on the dividing ridge between said fork and Marshalls branch
of Elkhorn creek next etid branch; thence leaving said line S.
45 E. 28 poles to a Sugar in the head of Uarshalls branch, near
the Gallup line; thence N. 65 E. 96 poles to a white oak on top
of a ridge near the Gallup line; N. 14 W. 40 poles to a black oak
at the top of a high ridge; N. 5 E. 68 poles to a hickory on the
top of a high point between Marshalls branch and the said Booker
fork and the left hand fork of the Lick branch (Fork) of Beef Hide
Cre k; U. 13 E. 56 poles to a chestnut oak on top of a ridge be-
tween said left hand and right hand fork of Lick branch (fork);
N. 32 E. 66 poles to a chestnut; N. 51 V. 50 poles to a small
blackoak; N. 11 W. 40 poles to a chestnut oak on an Ivy point,
near a line of a 50 acre survey made in the name of William Elkins;
N. 55 V. 38 poles to a pine; N. 31 Y. 29 poles to a chestnut; N.
45 30' W. 19 poles to a ch stnut oak; N. 25 ~50' W. 26 goles to
a double sourwood; N. 51 W. 40 poles t: a poplar on the but of a
spur between said forks; N. 65 50’ W. 40 poles to the beginning;
' Plaintiffs say the defendant J. s. Smith is a nonresident
of the state of Kentucky as they are informedabelieve; that the
place where a Pos Office is kept nearest the place of their residen
, ce is unknown to them. Plaintiff now states that the said A. F.
Baum, William M. Smith are both deceased as stated in original pe-
tition; that the names of their children or heirs at law of each
of said decedents and their residences are unknown to them; that
7 the names of the real representatives of each and their residences I
are unknown to them; not do they know in what place a Post Office 2
g is kept nearest their place of residence, of all or any of them;
I'
7 that they have no personal representatives residing in this state
known to plaintiffs,xnnz nor does either of them now own any per— ‘
Bonel prOperty in this state, knOWn to plaintiffs, or owe other I

 debts, other than those heesmnmnnhiasnfid heroin mentioned. If I
there are other creditors of said Baum & Smith they do not know '
who they are.

Wherefore the plaintiffs prpy that the said undibided one
iourth interest jointly owned by 851d Baum & Smith in the above
described piece or tract of land be sold to pay the defendant here
in set out against them; that is that the one—eight (l/B) OWned
by each in said tract of land be sold to pay their debt and cost
of this action.

J. M. Robertscn,
Attorney for PlIf.
C. C. Bowles says that the statements of the foregoing amended
petition are true as he believes.
Sworn to before me by C. C. Bowles, this October 8" 1902.
I R. Johnson,Jr., Ex. Pike 00., Ky.
States of Kentucky,)
)Varning order.
Pike County, )

The defendants herein are warned to appear in this court in
30 days from this date to answer the amended petition of plaintiffs
herein, ;nd J. R. Johnson a regular practising attorney of this
court is appointed to correspond with and to defend for said non—
resident defendants herein, who being present accepts said ap-
pointment.

Given under my hand this February 13" 1905.

J. B. Polly,Clerk.
}
i

 qm.‘ 3‘ r=;":=;,:' £4:-‘;: 3:11:39 ;{semrzxzmygragzg ‘;:: uanTp-r'3-gr'
l
l
P I K E C I R C U I T C O U R T.
A. J. & Company &C. Plaintiffs.
Against// Report of Attorney for Non—resident defendants.
mhe;uanown heirs of A. F. Baum
and William M. Smith, Defendants.
The undersigned attorney for the unknown heirs of A. F. Baum

and William M. Smith would respectfully report tLat he has made

dilligent inquiry for the heirs of A. F. Baum and William M. Smith

that he has been unable to learn the names of said heirs, or to

learn of their whereabouts. That he knows of no defense to this

action. He asks the court to protect their interests; he asks for

a reasonable allowance for attorneys fee.

Roscoe Vanober,
‘ Atty. for Unknown Defts.

g _
; t
r

 P I K E C I R C U I T C O U R T.

A. J. Hatcher &C., Plaintiffs.

Against// Bond.
Th! unknown heirs of A. F. Baum a others, Defendants.

We undertakc that if the defendants, the unknown heirs of
A. F. Baum and William H. Smith, shall procure a vacation or mod-
ification of any judgment that may be rendered against them by this
court at its present April term, 1302 in favor of A. J. Matcher
surviving partner of J. P. Cecil & Company and C. C. Bowles admin—
istrator of the estate of J. P. Cecil & Crit Cecil both deceased
that said A. J. Hatcher and C. C. Bowles administrator as afore—
said, shall restore to as d the unknowl heirs of A. F. Baum and
William M. Smith any money or property obtained under 8 id judg—
m nt, restoration of which shall be adjudged.

Witness our hands this jpril 30, 1902.

A. J. Matcher,
Attest: C.C. Bowles, Administrator.
J. B. Polley, Clerk. T. H. Harman.

 P I K E C I R C U I 7 C O U R T.
A. J. Hatcher &C., Plaintiffs.
fgainst/V’Judgment.
The unknown heirs of A. F. Baum &c., Defendants.

This hause having been submitted for judgment and it appear—
ing that the Warning Order against the unknown heirs of A. F. Baum
and William M. Smith has been made more than CC days before the
first day of the present April term of this court, and the attorney
for the said uzknown heirs having filed his report, the court ren—
ders the fcllowing judgment: It is adjudged that there is due from
the estzte of A. F. Baum and William M. Smith, both deceased, to
the plaintiff, the sum of $642.06 with Ofl interest from Kay 1" 1873,
which is evidenced by a judgment obtained at the Spring term 1875
tf the Pike Circuit Court, subject to the following credits: Jan.
22 1880 $211.75; Feb. 22 188%, $80.4€;July 75 1887, $65.58; it
appears that there are no other debts against the estate of said
Baum & Smit, according to the allegations of plaintiff's petition,
and that there is no personal prOgerty in this state out of which

_ payment of the remainder of plaintiff's demands can be paid.
It is therefore necessary that the Real Estate of said Baum a Smith
owned by t‘em in their lifetime, be sold to pay this demand, and
it appearing fr m the petition that said Baum & Smith died the
oWner of the undivided one fourth interest in two tre ts of land
in Pike County, it is adjudged that the samd undivided one fourth
interest, or enough thereof be sold to pay the amount of the in—
debtedness found due as above stated. The said tracts of land
are described as folIOWs:
' First Tract, lying in Pike County Kentucky on the waters of
j the Lick fork of Beef Hide creek, and Blaze branch of Shelby creek
' Brginning at a White all Walnut on a bench of a ridge, on a line I

 of a 50 acre survey made in the name of John Mullins, about one
half mile from the head of said blaze branch, thence running down
said branch with the calls thereof N. 15 W. 154 poles to a Sugar
in a flat hollow &c (here the Clerk will copy in the bcundcries
as set out in the petition)

Second Tract:

Lying in Pike County on the Lick fork of Beef Hide creek and
the Blaze branch of Shelby Creek, containing 660 acres, more or
less, and bounded as follOWSBeginning at a black gum in a hollow
opposite Brus Swords old house on a line of a 100 acre survey of
Nels Mullins, thence running down said blaze branch N. 50 E. 18
poles to a small hickory on a point &c., (here the Clerk will
copy the boundary as set out in the petition)

C. C. Bowles, the Master Commissioner of this courtbeing a
party to th 8 action, and for that reascncannot act. It is ordered
that A. E. Auxier be appointed special Commissioner to make said
sale. He Will proceed to sell said rndersigned one fourth (1/4)
interest in said tracts of land, on a credit of 5 months, on same
County Court day after having advertised the same as like prOp—
erty is now required by law to be advertised when sold under exe—
cution, and in all other reapecte he shall be guided by the law
on the sale of like property under execution. He will take bond
from the purchaser with good personal security, payable to the re-
ceiver of this court.

1 He is allowed for making said sale the sum of $12.50, to be
paid by the plaintiffs and taxed as costs.
Roscoe Hanover, attorney for the LnfinOWn heirs, defendants,
herrto, is allowed $5.00 for his services, to be paid by the plain~
; tlfis and taxed as costs.
I The Comm ssioner Will report his acts to the next term of
Pi 7 this court, to which term this cause is continued.

 P I K E C I I C U I T C O U P T.
A. J. Hatcher &c., Plaintiffs.
Against// Report of Sale.
The unknown heirs if A. F. Balm &c., Defendants.

The undersigned Commissioner Would respectfull“ report that
the property mentioned in the petition and exhibits in the above
styled cause, and the same property described in and ordered to
be sold by judgment rendered therein by said court, at its April
term 1902, was duly a praised as the law directs by W. G. Mifchel
H. E. Yates, two intelligent, disinterested house—keepers of Pike
County and not related to any of the parties of said action, and
after haying been first summoned and duly sworn by me did appraise
said property at the price of First tract, $570.00. Second tract
$850.00. said appraismcnt is in writing and filed herrwith marked
No "A" and made part hereof, and after duly advertising said proper-
ty as to the time terms and place of s 16, as directed in said
judgzent on Monday the 5" day of September 1902, the same being
the first day of the Sept. term of the Pike County 0 urt, and the
day advertised for the sale of said property, I did expose sa d
property at public auction, at the Court House door in Pikeville
Kentucky, on a credit of 12 months. C. C. Bowles and A. J. Hatcher
being the highest bidders, became the purchasers thereof at attic
price of $225.00. Second tract $575.00 Tvo hundred and twenty

. five, and Five hundred and Seventy five. .

g The quantities sold and the boundaries thereof are described
as follows ( Here insert discription as in petition)-—
No bond taken A. F. Auxier, Special Com'r.

 P I K E C I R C U I T C O U R T.
A. J. Hatcher &c., Plaintiffs.

Against// Report of Attorney for Ion—resident Defendants.

The unknown heirs of A. F. Baum &C., Defendants.

The undersigned having been appointed attorney for the un-
known heirs of A. F. Baum and William Smith, mould respectfully
report that he has made dilligent inquiry for the said heirs and
defendants, but has beenhnablt to learn either their names or place
.f residence. That he has carefully examined all the papers of
the Case, and has been unable to find any defense thereto.

Whereupon he asks that the court protect the interest of his
clients, and allow him a reasonable compensation for his services
herein. J. R. Johnson, Atty.

for Ion—resdent defendants.
a. o. reliey, clerK, by A. u. Milne, u.c.

 P I K F C I R C U I T C O U R T.
A. J. Hatcher Sc., Plaintiffs.

Against/7 Amended Petition in Equity. .
The unknown heirs of A. F. Baum &C., Defendants.

The Plaintiffs amend their petition heroin and say that one
Joseph Hall Hill claims to be the owner of the interest of the said
A. F. Baum and William Smith deceased, in the two trarts of land
described in their amended jetltion filed herein Oct. 9, 1902;
that Joseph H. Hill Sr., the father of said Joseph Hall Hill, ob—
tained a Commissioners Feed from an order of the Pike Circuit Court
in the c nsolidated cases then pending of Polly & Frrd &c., plffs.
against A. F. Baum, William Smith and John Heath, defendants, which
deed is dated May 0 1076, and is of record in the Clerks office
of the Pike County Court, in Commissioners Deed book No.1, page
95. Plaintiffs further say that some years ago said Joseph H. Hill
Sr. departed this life, leaving surviving him the said Joseph Hall
Hill as his only child and heir ht law, and a widow Annie D. Hill
That said Jeseph Hall Hill and Annie D. Hill are both non—residents
of the state of Komucky, and are now believed to be absent therefrom
3 that a place where a polt office is kept nearest thelr residence
is Edgewood Park, State of Pensylvania.

Wherefore plaintiffs pray that the said Joseph Hall Hill and
Annie D. Hill be made parties defendants to this action, and that
they be required to assert whatever claim they have to the land '
described in the said alonded petition; and for all proper relief.

Signed, J. M. Robertson, Atty. for Plff
The Plaintiff and affiant C. C. Bowles, says that the statements
of the foregoing amended petition are true as he believes. ,
Sworn to before me by C.C.Bowles, this Feb. 6, 1904. C.C.Bowle ’
J. B. Polley, Clerk, By A. D. Cline, 7.0.

 P I K E C I R C U I T C O U R T.
A. J. Hatcher &c., Plaintiff. ~

Against// Warning Order.

The unknovn heirs of A. F. Baum &c., Def ndarts.

The defendants Joseph Hall Hill, and Anna D. Hill, are warned

to appear in this ceurt within 50 days fr m this date to answer
the am'nded petition wf Plaintiffs herein, and J. R. Johnson,
a regular pra~ticing attorney of this court is hereby appointed
tr correspond With, and defend for said non—resident defendants,
Who being present, accepts said appointment.

Given under