Title Dispute 1842

State of Indiana, Owen County Circuit Court

March Term 1842

John M. Fain & Thomas C. Hudson of said County on or about the 28th day of April in the year 1836 purchased of William Asher the following tract of land in said county-the West half of the South East quarter of section five in Townshp eleven north of Range two west on which there was and still is situated a grist mill and distillery- for the sum of $1500.00.

William in pursuance of siad contract put orators in possession of said premises with all the appurtenances and they went on to use and improve the property until the day of 1839 when they sold the same. And afterwards, and before the said William had executed a deed, he departed this life leaving his only children as his heirs at law the following persons, except his widow: Lewis Asher, Lucinda Asher, now Lucinda Edwards having intermarried with William Edwards, Katherine Asher now intermarried with Jacob Surber, Margaret Asher now Margaret Murphy having intermarried with Thomas Murphy, Allen Asher, Thomas Asher, William Asher, John Asher and Keller Asher, all under the age of twenty one. Your orators have fully paid the purchase money and all interest, but said defendants fraudulently fail and refuse a title.

Signed

John M. Fain

Thomas C. Hudson

Witness: Basil Champer states that Henry and Presly Asher reside in Indiana