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Aff - Blood, John C_10/16/1970 (2).. _; � � AFFIDAVIT OF ADVERSE POSSESSION TO BAR CLAIM OF STATE State of Illinois , County of Wabash John C. Blood, being first duly sworn upon oath, deposes and says: 1. He is more than twenry-one years of age and resides at 206 Fifth Street in the ciry of Mt. Carmel, Wabash County, Illinois. 2. The affiant is, as of the date hereof, the Trustee under the provisions of a Trust Agreement dated the first day of January, 1967, lrnown as John M. Blood Heirs Trust No. 1, and as said trustee holds the title and is the owner of record of the following described land situated in Montgomery Township, Gibson Counry, Indiana: The West Half of the Northwest Quarter of Secuon 8, Township 2 South, Range 12 West, subject to reservation of certain oil, gas and mineral rights withheld by grantors to the said trus[. 3. This affidavi[ is made pursuant to [he provisions of Section 3-1411, et seq., of Burns Indiana Annotated Sta[utes relating to lands formerly vested in the state of Indiana and providing that the title to such lands may be set at rest in an.individual claimant as against any claim of title to such real estate by the state of Indiana and barring the s[ate of Indiana from afterwards setting up or asser[ing any title [o such real estate, and, in support thereof, the affiant dces now depose as follows: 3.01. Title to the aforesaid real estate was formerly vested in the state of Indiana as "Swamp Lands" under the provisions of Letters Patent issued on the 21st day of July, �1856, by the United States of America to the state of Indiana, which patent described, among others, the following lands: ". .. the North half ... of section eight. ..," Township 2 South of Range 8 West. 3.02. The affiant took title as trustee to d►e subject real estate vir[ue of , , , , , a Deed in Trust of John C. Blood, Sr., and Florence M. Blood, his wife, Prudence B. Scott, a widow, Edith B. Grant, a widow, Martha B. Brown, a widow, John C. Blood, Jr., and Fern Blood, his wife, and Jane Blood, single, dated January 1, 1967, and filed September 26, 1967 in the office of rhe Recorder of Gibson Counry, Indiana, at Deed Record 173, page 104. Subsequent chereto there was a Correcave Deed in Trust from the grantors of the latter deed identified above, dated January 1, 1967, and filed August 19, 1970 in the office of the Recorder of Gibson County, Indiana, at Deed Drawer 1, card #2331, which Corrective Deed in Trust conveyed, the following lands: ����� 0�7101970 ����G����� AUDlTOR Q C. � -2- � "West Half of the Nordiwest Quarter of Section 8, Township 2 South, Range 12 West of the Second Principal Meridian, comprising 80 acres more or less, including but not limited to, L.ot Number 6, thereof containing 35.80 acres, more or less. Reserving, however, interests in the oil, real estate;" unto [he Grantors all of their respecuve gas and other minerals in and under said and the affiant has, from the date hereof, held said lands, claiming to be the owner thereof. The grantors to affiant as trustee are the heirs and devisees of John M. Blood, who died December 10, 1921, the owner of the subject real estate. John M. Blood took title, in specific terms, to the said real estate by a tax deed undated but filed March 23, 1899 in Tax Deed Record 3, at page 111, in the office of the Recorder of Gibson County, Indiana, and from the date of that deed until the date hereof, John M. Blood and his successors in interest have claimed by a continuous and uninterrupted line of possession. 3.03. The affiant and his predecessors in interest have openly, notoriously, condnuously, uninterruptedly, and adversely possessed and enjoyed the subject lands for a period of more than twenry years prior hereto and, during such period, have specifically exercised the following acts of dominion and control: 3.031. John M. Blood, then the owner of record, about 1920 sued Benjamin Weiler in the Gibson Circuit Court for conversion of timber cu[ from the subjec[ properry when described as L.o[ 6. After an adverse ruling in the trial court Blood appealed (See Blood v. Weiler 1921, 76 Ind App 605, 132 NE 650) and the Indiana Appellate Court affirmed. The opin- ion established the east boundary of the Blood tract as the west line of the east half of the northwest quarter of secaon 8. This results in a boundary exactly as_:this affidavit would support. 3.032. The affiant, during the period following his father's death, while the subject real estate was titled in the name of the heirs of John M. Blood and before their transfer of title to this affiant as Trustee in a Deed in Trust, operated the properry as Agent for the heirs. Prior to March 1, 1950 this affiant as part owner and agent for the other owners caused the records of the Transfer Book of Montgomery Township of Gibson Counry, Indiana to be amended to reflect 80 acres rather than 35.30 acres of Lot 6, in the following manner: TRANSFER BOOK MONTGOMERY TOWNSHIP, GIBSON COUNTY, INDIANA, MARCH 1, 1945, TO MARCH 1, 1950, OFFICE OF COUNTY AUDITOR � "Name of Owner Description of Lands Lot6 R. Forest Res. Blood, John C. etal Section Twp Range Acres 8 2 12 -35:36 80 Changed by Qrder of John Blood" Thereafter, ta�ces were paid upon the subject real estace by this affiant and the other owners with the descripaon of 80 acres. � � . -3- 3. 033. 'I1�e subject real estate is assessed for taxes in the name of John M. Blood heirs Trust No. 1 as 80 acres having an assessed valuarion of $80 all as shown by the tax duplicate in the office of the Treasurer of Gibson Counry, Indiana. 3.034. In a proceeding in the Gibson Circuit Court for the establishment of the so-called Blood Levee, Cause No. 9927, by the terms of a judgment of the court entered on September 23, 1959, whereby the said levee was established, [he affiant, under the names "Blood, John C. , Prudence B. Scott, Edith B. Grant, Martha B. Brown, S. Henry Blood & Wm. L. Calkins, Jr. " was assessed with benefits to 80 acres in northwest quarter of Secrion 8, Township 2 South, Range 12 West, in the amount of $1, 920, all levies under which have been paid. 4. By virtue of all of the foregoing and under the provisions of Secaon 3-1414 of Burns Indiana Annotated Statutes, the affiant dces request [he Auditor of the state of Indiana to cerafy in due form that the state of Indiana has no claim or title to the subject real estate and that the state of Indiana shall thereaf[er be barred from setang up any claim or title to such real estate. And further affiant saith not. �1�...� � ��-� �` John C. Blood S�bscribed and sworn to before me this /,S day of (�L:L�-G�cv . 1970. �Zi i J`h o� >f(( • Wj�C�.LJ-'�' Notary Public My commission expires: � - S. rz i �F T �—/ O— f%� Above name typewritten or rinted) THIS INSTRUVIENT PREPARED BY RABB EMISON, LAWYER.