Loading...
Disclaimer - Braselton, W. Paul_9/23/1970_ , .. ;� ; � .:.:...: _ . " � ;: . TO:'"The County Auditor Gibson County, Indiana . . The State Auditor . State of Indiana � ��� �' � . � �' 1 • , _ <�,. ..,n:..-- . , - .n �„� . , � . . .,.._ ��.: PETITION OF W. PAUL BRASELTOIV FOR CERTIFICATE OF DISCLAIMER� PURSUANT TO ACTS �931, CHAPTER 162 (IND: ANN. STAT. � 3-1411 -§ 3-1415 [Burns' 1968]) . {.. - ;' W. PAUL BRASELTON respectfully petitions the�County Auditor �' .,.of.Gibson County, Indiana, and the State Auditor of the State of Indiana, and :��±_ ; 'says:_ s ,. :' ` 1. I'our petitioner is the owner and is in possession of the following i � real estate situate in Gibson County, State of Indiana, to-wit: � ' The west half of the northeast quarter of section 15, • .-township 2 south, range 12 west, containing 80 acres, more or. _ less: , . i . The southeasf quarter of the northwest quarter of section 15, , _. township 2 south, range 12 west, containing 40 acres, more or less; . The northeast quarter of the southwest quarter of section 15, ! township 2 south, range 12 west, containing 40 acres, more or less; e • The west half of the southwest quarter of section 15, township 2 south, range 12 west, containing 80 acres, more or less; a having become the owner thereof by virtue of hetrship from his former wife, _ . .._ iL- y-% HOPE EMERSON BRASELTON, who died November.l6, 1941 , �_ d_ :_� who acquired the same by virtue of heirship from her father in the year 1924 Your petitioner, and prior to her. death, your pejitioner's former wife, HOPE • S J . . . . . _ . . . .-� EMERSON BRASELTON; have been in possessiori'of all of the above described • real estate and claim to be the owners thereof by a continuous and uninterrupted ��� _ . ' '�y�... . . r .� � . ; line.of possession under claim of title and ownership and by open, notorious, �- oontinuous;. uninterrupted and adverse possession for more than 40 years ', ..prior. to.'tfie 'date of this petition. . 2. .: The above described lands were acquired by the State of Indiana from ' • the.�iinited States of America as a swamp land grant and the State of Indiana . originally patented the same to Andrew Lewis and Samuel Hall by the following � ;designation:. .. Lot #3 containing 31.20 acres; Lot #4, containing 52.30 acres; Lot #5 containing 37. 30 acres; Lot #6 containing 51. 00 acrea; all in section 15, •township 2 south, range 12 west; � but-your'petitioner and his above-mentioned predecessor in title have in fact possessed and claimed to own all of the above described real estate as set forth above and in fact, said lands have been assessed for taxation by Gibson County,.Indiana, as half quarter and quarter quarter sections and as 240 acres, and said taxes so assessed have been paid by this petitioner and his aforesaid " -predecessor in title ior more tlian 40 years" immediately prior to the date of"--' this petition. '' 3. In addition to paying the taxes assessed against said 240 acres of land, your petitioner and his said predecessor in title have paid various and _. sundry ditch assessments and levee assessments for more than 40 years iminediately prior hereto and in each instance, said assessments were based upon a.tract of 240 acres described as set forth in numbered paragraph 1 r above, .and have improved said 240 acres, including the parts thereof lying butside the boundaries of the lots patented to Andrew Lewis and Samuel Hall, - by clearing the same, draining, fencing and cultivating said lands and producing \ crops .therefrom. 4. '- At� the present time, nearly all of said real estate is in cultivation ,. � and your petitioner and his predecessor in title have taken and received the �� rents and profits therefrom for more than 40 years immediately prior hereto �; and neither the State of Indiana nor any other person has paid any taxes or other �1 ' .. � . � '•. • . � . .. � ' ., " . . ' ' . �' ' � � .. � ' . . " , � - assessmenfs levied against said lands or made any improvements on any part � � of said land or cultivated any part of said land, and neither the State of Indiana nor any. other person has made any claim whatsoever thereto adverse to the �. claim of ownership of this petitioner and his predeceasor in title set forth � i. " above. . i 5. ' All of the facts-set forth above with respect to payment of real 1 I��. .: estate taxes and ditch and levee assessments appear clearly of record in the �', ,"``. official transfer records in the office of the Auditor of Gibson County, Indiana, � � and the ta�c.duplicate records in the office of the Treasurer of Gibson County, Indiana, and such records disclose no facts or evidence which is tn any way � . �. ' contrary to the allegations of this petition. 6. As proof of'the allegations of this petition and in support thereof, i '.'your petitioner submits herewith supporting affidavits issued and sworn to by t j .' ;.two`disinterested freeholders of Gibson County, Indiana, who.have full, 1 ,� _,__ _'complete and.independent. knowledge of the facts_set forth in this petttion, __ ; - j which aupporting affidavits are attached hereto and marked for identification � ; as'EXHIBITS A-1 and A-2. � . '. - , WHEREFORE, the petitioner prays for a determination by the i'tluditor.of.the State of Indiana that the claim and proof set forth above are � suff'icient and tliat the State of Indiana has no title to the real estate described i ; ,'. in paiagraph.l of this'petition, and that said Auditor certify in due form that the i� � . , . .. _ � .. � ::° :State; of.Indiana has no cla'im or title to such real estate, all as provided by i � - ..' •A'nYC .1 931� ('h�n}ar' 1 R2 onA Fnr nll n}ho.. nnnnn.. ..n71nC � . . . :• ; � . �. . � % �. . � � . � _ , . E. � , ,'. STATE OF IA'DIANA, COUNTY OF GIBSON, SS: � ; W. PAUL BRASELTON, being firat duly sworn ujion oath, ` � deposes and says that tie is the petitioner in the above and foregoing +'.. , petition, that he has read satd petition, and that the matters and thinga � - - sefforth therein are true. � . � . n .1 . � � :R,4_ -- . - .. _ . . /�� ,Y •/ �� � ' ' • �� Y;� W. Paul Braselton " , . . �.' .� ._ , .. � � • � . � ! � Subscribed and sworn to before me this � 3' day of : - _ ". =:i... ' " / ' � .5'eii7�'P«, ,6P�+— , 197 0. i� . ���;,c,�t.n ,/�� _, /v/,6u�lZc� Nota Pub'lic � . -. _� NIy Commission Expiresi 1 . - .- _, -T:;;� /s; r9 � i - -- --- - —.— , — � - - -- - - � � , - . . i -• � , , . . .� . • . STATE OF INDIAATA ) ) SS: � COLJNTY bF GIBSON ) , � � _ SUPPORTING AFFIDAVIT �The undersigned, betng first duly sworn upon oath, deposes and . says that he is now and has been for more than 40 years immediately last passed a resident of Gibson County, Indiana, and has'all during said period of time resided in the vicinity of and been acquainted with the real estate j �. j � described in numbered paragraph 1 of the petition of W. Paul Braselton � ' to which this affidavit is attached; that this affiant is a freeholder of Gibson . County, Indiana, and does not now and has not at any time claimed any - interest whatever in any of said lands and is not related to the petitioner by blood or marriage; that this affiant has read the foregoing petition of � W. Paul Braselton and knows of his own independent knowledge that all of ' the facts and allegations of said petition, except only those relating to the ; I� �`, � ofiicial Auditor's and Treasurer's records of Gibson County, Indiana, are , . : true. . ' �r�- �- �,�,� , , ; _ .; Subscribed and sworn to before me this ��day of :�. ,. , . { . ' �r�.,-rr D 2ti , 1970, . . � `';_ 1J- . <u - - � �.- . t. •�_VIy.Cornmission Expires: j � T,.P i�.���z ,. ; ; . .. . �'EXHIBIT A-1 a R ; • • ' ., . � " ' . �_..r� . . .._ ���_ .�..�� \ ' ' . . .. � .• J ' • 1 ' _ � ' .' . • . � ..� • . . . ' . � . a • 1 i '. . . � . . ' . � ' . ' . " . • ' . , . . � � ' ' •. - � • • . . . . . . ` ` � . . • ' � I '. _ :` :'STATE OF IATDIANA ) , , . . � � { � ,._: . � . ,., : .. ... . . . .. �.. SS: : , COUNTY:OF GIBSON ). . . ' i �3 , . i ± , - .. -. ,,_;, ...`".. .. i,{ ;, . ::;•".,;: '_• �::. : . SUPPORTING AFFIDAVIT �j,.. '.. . !.i :'. :�:.., ..: .-� . The undersigned, being first duly aworn upon oath, deposes and � �. :• .`. says that fie.is now and has been for more than 40 years immediately last _ �. ..passed,a resident of Gibson County, Indiana, and has all during said pertod .� ; t • :;. :: _ - ,� �:o: iime "resided in the vicinity_of and been acquainted with the real estate • ,' _ � � described in numbered.paragraph 1 of the petition of W. Paul Braselton ' �.'to which this affidavit is attached; that this affiant ia a freeholder of Gibaon : F .. � . _ �=Coun.y;. Indiana, and does not now and has not at any time clauned any � �interest whatever .in any of said lands and is not related to the petitioner - r. ... � . . . � . , , by blood or marriage; that this affiant has read the foregotng petition of . �.� W. Paui Braselton and knowa of his own independent knowledge that all of - the iacts and allegations of said petition, except only those relating to the ; - --: - _-- ---- --- - - , of:icial Auditor's and Treasurer's recorda of Gibson County, Indiana, are true. ' • . -• . , �.�c1'�t� 1�..�,.,.,.��-�„`-� , . � ' � � Subscribed and aworn to before me this �,3�day of : / . ' •_:.__�'�,o,y.DO.c_ , 1970, :.- . ; ; � . �r� ' - . � ��E�;� w• ��ua.G�, , . -. , _ � . Notary Public - • iviy Commission ExpCres: ' . .': JT�;�7L _ , _.-. . .: . f . , '� ,- � � � .' , . . . .. - . . � . ` EXHIBIT.A-2 • � � , I. . ' .. '