Aff - Floyd Investments, Floyd Investments_10/6/1970_ �
�r r , �
' SI'ATE OF INDIANA
�� �
� GIBSON COUNTY � n- '
0�� �.1970
PETITION TO QUIET TITLE TO REAL ESTAT� .�
AGAIN5T THE STATE OF INDIANA � ��
To The Honorable Roy Owens
Auditor of Gibson Couuty
Princeton, Indiana
South Construcrion Company, Inc. , by its duly authorized attorneys,
dces present and file herewith, in duplicate, the claim of ownership of
�4ary Anna Hull Thrall to the following described lands situated in
Montgomery Township, Gibson County, Indiana:
The North Half of the South East Quarter of Section 17,
Township 2 South, Range 12 West, presently titled in Mary
Anna Hull Bammer, presently known as Mary Anna Hull Thrall.
and its proof of possession thereof under claim of ownership by open,
notorious, continuous, uninterrupted, adverse possession as provided by the
laws of the state of Indiana. Said claim and proof are filed in accordance
with the provisions of Chapter 162 of the Acts of 1931 (being Sections
3-1411 et se . of Burns Indiana Annotated Statutes), and the Auditor of
Gibson Counry is respectfully requested, as provided in Section 3-1413 of
Burns Indiana Annotated S[atutes, to transmit one of such duplicate copies
to the Auditor of the State of Indiana together with any proof now of record
in the office of the Gibson County Auditor of any claim that the s[ate of
Indiana may have to such land, all as provided in Sec[ion 3-1413 of Burns
Indiana Annotated Statutes.
'I'he petitioner herein-has succeeded to the benefits. of a contract
with the said Floyd Investments, S. A. Corp.for the purchase of the
�. �:
� -2- •
aforesaid lands, among o[hers, and expects to acquire title thereto from
said Floyd Investments, S. A. Corp. and is thereby in[erested in the
relief prayed herein.
Dated this day of October, 1970.
EA1150N, EMISON & DOOLITTLE
P. O. Box 215
Vincennes; I�diana 47591
Phore (312) 882-2280
0
EMISON, EMISON & DOOLITTLE
By
Attorneys for petitioner,
South Construction Company. Inc.
� �,- -:• . � �
r�FFIDAVIT OF ADVERSE POSSESSION
TO BAR CLAIM OF STATE
State of Indiana
County of Gibson, ss;
John Floyd Hull, being first duly sworn upon oath, deposes and says:
1. That
River Township,
in 1859.
he is more than 21 years of age, being a resident of White
Gibson County, Indiana, the [ownship in which he was born
2. The affiant has been, during the period identified below, the owner
of record of the following described land situated in Montgomery Township,
Gibson County, Indiana: "
(a) The North Half of and the South L'ast Quarter of the North
�Vest Quarter, and the South V�rest Quar[er of the North East
Quar�er of Section 17, Township 2 South, Range 12 West,
` presently titled in Floyd Investments, S. A. Corp. , an Indiana
corporation.
(b) The North Half of the South East Quarter of Section 17,
Township 2 South, Range 12 West, presently titled in A4ary Anna
Hull Bammer, presently known as Mary P.nna Hull Thrall.
3. This affidavit is made pursuant to the provisions of Section 3-1411,
et seq., of Burns Indiana Annotated Statutes relating to lands formerly
vested in the state of Indiana and proyiding that the title to such lands may
be set at rest in an individual claimant as against any claim of ritle [o such
reai es[ate by the state of Indiana and barring the state of Indiana from
afterwards setting up or asserang any title to 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, 1&56, by the United States of Pmerica
to the state of Indiana, which patent described, among others, the following
lands:
". .. the North Eas[ Quarter. .. and the North Half of the South Easc
Quarter or the lots numbered four and five of section seventeen,
... , Township 2 South, Range 12 West.
3. 02.
Hull, obtained title
warranty deeds:
The affiant's father and immediate
to the subject real estate by virtue
grantor, David W.
of the followino
(a) A warranty deed dated March 12, 1888' and recorded A�arch 17,
I888, in Deed Record 32, page -356, in the office of the Recorder of Gibson
Counry, Indiana, from Sallie A. Devin, Nancy Devin, Susan E. Ragland, �
William S. Ragland, grantors, bearing the description,
• , � - z- �
"Lots number 1 and 2 in section 17, Township 2 South, Range 12
containing 95 acres more or less"
which lots are part of the North Half of and the Southeast Quarter of the
Northwes[ Quarter of that section. -- �
(b) A warranry deed dated February 2, 1894 and recorded February 21,
1894 in Deed Record 43, pages 287 and 288, from Louisa M. Blinn, un-
mazried, bearing the description,
"Lot number 3 in section 17, Township 2 South, Range 12 West,
containing 19.90 acres, more or less"
which is in the Southwest Quarter of [he Northeast Quarter of that secaon,
and
"Lots number 4 and 5 in section 17, Township 2 South, Range_12
West, containing 97.10 acres"
which are in the North Half of the Southeast Quarter of that section.
This affiant's father, David W. Hull, with his wife, Harriet A. Hull,
joining, transferred to John F. Hull, this affiant, by a warranty deed dated
September 1, 1924 and recorded March 29, 1926 in Deed Record 95, page
208, the real estate described as lots 1, 2, 3, 4 and 5 in section 17,
Town 2 South, Range 12 West. This affiant held atle to the real estate
in his sole name unril transferred to his wife, Anna Hull, by a warranry
deed dated June 1, 1939 and recorded June 26, 1939in Deed Record 110,
at page 244, in the office of the Recorder of Gibson County, Indiana. In
that deed the realestate under consideration is described as:
"The Northwest Quarter, and the South West Quarter of the North
, east quarter and the Nor�h half of the South east quarter in
� secaon 17, Township.2 South, Range 12 West, containing 272
acres, more or less, "
rather than idenrifying the property by lot numbers.
3. 03. The affiant and his immediate and respective predecessor -
in a continuous line of title has openly, no[oriously, continuously, unin-
terruptedly, and adversely possessed and enjoyed the subject lands for
a period of more than twenry years prior to and, during such period, has
specifically exercised the following acts of dominion and control.
3.031. This affiant at the age of 15 began managing the
farm of 272 acres for his father who was in extremely poor health. In
1906 a warranty deed was given to a railroad for right of .way (dated
October 18, 1906 and recorded March 18, 1907 in Deed Record 64, page
128, in the office of the Recorder of Gibson County) across the farm.
In order to establish title to the farm by section lines, this .affiant went
to the office of the Gibson County Auditor prior to the date of the railroad
deed and demanded unsuccessfully that the record be amended to. reflect
the farm actually occupied. The farm actually occupied was as described
in paragraph 2 above along sectional or "40/40" lines. The demand upon
the Auditor was to make title to the occupied land secure in the records.
• . �
-3-
�
3.032. With the passage of the "Stock Law" requiring fencing,
believed to be in 1911, that same year this affiant helped fence the entire
farm as described in paragraph 2 above. A registered surveyor was
employed to identify the lines and this affiant personally drove the posts
identifying the line on a sectional or "40/40" basis. It was upon these lines
that the farm was then fenced as it has been occupied from that year unal
this date.
3.033. This affiant classified a portion of the subject land
as forest land under date of February , 1931, which classification was
recorded in Commissioner's Record 36, page 517, in the office of the
Auditor of Gibson Counry, .Indiana and at iVliscellaneous Record 30, pages
4S� to 489 in the office of the Recorder of Gibson Counry, Indiana.
3.034. This affiant, his wife joining, executed a mortgage
of the land as described in paragraph 2 above, dated October 19, 1937 and-
recorded October 29, 1937 in Mortgage Record 125, page 119, in the office
of the Recorder of Gibson County, Indiana, to [he mortgagee, Disaster
Loan Corporation of Washington, District of Columbia.
3.035. This affiant, his wife joining, executed an oil and
gas lease of the lands described in paragraph 2 above to the Superior
Oil Company under date of November 15, 1938 which lease was recorded
December 24, 1938 at Lease Record 37 at page 363 in the office of the
Recorder of Gibson County, Indiana.
3.036. This affiant [ransferred the title to the real estate
as described in paragraph 2 above by warranty deed to his wife, Anna
Hull, dated June 1, 1939, and recorded June 26, 1939 as shown in Deed
Record 110, page 244, in the office of the Recorder of Gibson County,
Indiana.
- 3.037. This affiant and his wife executed an oil and gas lease
of the land as described in paragraph 2 above to T. J. Welborn under date
of Februazy 22, 1941, wtiich was. recorded May 13, 1941 at Lease Record 50,
page 240, in the office of the Recorder of Gibson County, Indiana.
3.038. There was an exchange of mineral deeds using [he de-
scripuon as shown in paragraph 2 above between this affian[ and his wife
and their two sons resulting in a distribution of the mineral ownership in
four shares, the latter deed being dated April 30, 1942 arid recorded
November 27, 1942 in Deed Record 116, page 49, in the office of the
recorder of Gibson, Indiana.
3.039. This affiant withdrew from a classifica[ion of forest
land certain portions of the farm. The applica[ion for withdrawal is
dated August 15, 1966, and recorded December 6, 1966, in Miscellaneous
Record 170, page 255, in the office of the Recorder of Gibson Counry,
Indiana. The appraisal of the application is executed by Joseph J. Wallace,
the township assessor and is made upon a quarter-section basis without
reference to lots. '
-.. - -'. �
-4-
�
3.0�0. The affiant with the other owners joining, executed an oil
and gas lease of the land as described in paragraph 2 above to C and J Oil
Com pany, under date of August 2, 1965, and recorded October 15, 1965 at
Lease Record 160, page 371 in the office of the Recorder of Gibson Counry.
3.041. This affiant and his wife transferred by warranry deed
to Floyd Investments, S. A. Corp., an Indiana corporation, dated January 30,
196S and recorded February 5, 1968 at Deed Record 174, page 95 in the .
office of the Recorder of Gibson County, Indiana, that part of the subject
property which is in the north half of Section 17.
3.042. This affiant with his wife and others joining [ransferred
by warranry deed to Mary rinna Hull, dated July 7, 1965 at Deed Record 167,
page 224, the properry described in paragraph 2(b).
3.043. The present owners, being the immediate grantees
of this affiant and his wife, each executed an Option and Purchase Agreement
under date of April 28, 1970, in favor of L. J. Hoing of Vincennes, Indiana,
�vhich option was exercised by the said optionee and his assignee under date
of June 2, 1970. �
3.044. This affian[ has, during the period of time he com-
menced farming the land described in paragraph 2 above for a period of
almos[ 50 yeazs thereafter, made frequent and repeated trips to [he office
of the Auditor of Gibson County to amend records for tax purposes to re-
move the description of the farm as in the form of Lots and to replace it
with the description in the form of 40 acre tracts or mulaples thereof,
all of which efforts were unsuccessful.
� 4.- By virtue of all of the foregoing and under the provisions of
Secaon 3-1414 of Burns Indiana Annotated Statutes, the affiant does request
the Auditor of the state of Indiana to cer[ify 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 thereafter be barred from setting up any claim or title to such
real estate. �
And further affiant saith not.
0_..�,., � �1� �►. ,
John F: Hull
Subscribed and .sworn to before me this � day of October, 1970.
�
��.�.- � i , � �
'. Notary Public
My commission expires:
�_ �ti�i � ���h����
.t�..c� /s ,/9 �� Abov e name rypewritten or printe
,
THIS -INSTRUMENT PREPARED BY RABB EMISON, LAWYER •