Aff - Floyd Investments, Floyd Investments_10/6/1970 (2)-.i . :
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STATE OF INDIANA
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GIBSON COUNTY � �
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PETITION TO QUIET TITLE TO REAL ESI'ATE
AGAINST THE STATE OF INDIANA
To The Honorable Roy Owens
Auditor of Gibson County
Princeton, Indiana
South Construction Company, Inc. , by its duly authorized attorneys,
does present and file herewith, in duplicate, the claim of ownership of
Floyd Investments, S. A. Corp. to the following described lands situated
in Montgomery TownsHip, Gibson Counry, Indiana:
The North Half of and the South East Quarter of the North
�Nest Quar[er, and the South West Quarter of the North East
Quarter of Section 17, Township 2 South, Range 12 West,
presently titled in Floyd Investments, S. A. Corp. , an Indiana
corporac�on.
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 seq. of Burns Indiana flnnotated Statutes), and the Auditor of
Gibson Counry is respectfully requested, as provided in Section 3-1413 of
Burns Indiana Annotated Statutes, 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
state of Indiana may have to such land, all as provided in Section 3-1413
of Burns Indiana Annotated Statutes.
The petitioner herein has succeeded to the benefits of .a contract
with the said Fioyd Investments, S. A. Corp. for the purchase of the .
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aforesaid lands, among others, and expects to acquire title thereto from
said Floyd Investments, S. A. Corp. and is thereby interested in the
relief prayed herein.
Dated this day of October, 1970.
EMISON, EMISON & DOOLITTLE
P. O. Box 215
Vincennes, Indiana 47591
Phone (812) 882-2280
EMISON, EMISON & DOOLITTLE
By
Attorneys or petitioner,
South Construction Company, Inc.
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State of Indiana
Counry of Gibson, ss;
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1tFFIDAVIT OF ADVERSE POSSESSION
TO BPR CLA[A9 OF STP:TE
John Flopd tfuli, being firsc auiy sworn upon oath, deposes and says:
L That
River Township,
in 1889.
he is more than 21 ��ears of a�;e, .oein� a resident of ��'hite
Gihson County, Indiar.a, the township in which he was born
2. The affiant has been, �iuring the perioci identified beloti�, the owner
of record of the following describe:: land si�uated in fvkmtgomery Township,
Gibson County, Indiana:
(�? The North Half of and che Scwth Last Quarter oi [he Norch
�Vest Quarter, and [he �outh :Vest Quarter of the �'orth �ast
Quarter of Section 17, Township 2 South, Ran�e 1.2 West,
presencly titled in Flo�d tnvestments, S. A. Corp. , an lnd�ana
corporation.
(b) The ,�'orth fialf of the Scwtn �aci (luarter of tiection 17,
?'ownship 2�uth, Range 12 11,'est, presently titled in Mary A,nna
Iiull Bammer, presentiy knoH�n as Y]<;cy P,nna tiull Thrall.
3. This affidavit is made pursuant [o the provisions of Sec�ion 3-1411,
--- =�et seq., of Burns Indiana A.nnotated-Scatuces -relating [o lands -formerly- ----
vested in the state of lndiana and providing that the title ro such lands mav
be set at rest in an individual claiman� as a�ainst any claim of title to such
real estate bv the state of Indiana and ha: ring the state of Indiana from
afterwards setting up vr asserdng any �i!le :o such real estate, and, in
support the,cof, thc affiant dces now dcrn;se as follu�vs:
3.01. Ti�le to che afoc-esaid' real estate w�as formerly vested in
the state of Indiana as "Swarnp Lands'`under the provisions of Letters
Patent issued on the 21st day of )uly, 1R�6, bv the United States of Fmerica
to.the state of Indiana, which patei�t descriLtid, among others, the following
lands: .
... [he �orth East Quarter. .. and th� vor[h Half of the South East :
Quarter or the lots numbered four aiid. five of section seventeen,
• ...,"Cownship 2 .South, Ranoe t2 l�'e�t.
3.02. 'I'he affiant's father aind immediate �rantor, Uavid N'.
Hul1, obtai��ed title. to the subject real escate h\' VIC[UC of the foilowing
warrantv deeds: - - - - - - - _ _. -� - _ _ _ _ _
(a) P warranty deed da�ed �Qarch 12, i3S3 and recareled \9arch IJ,
1888, in Dee� Record 32, page 356, in [he office c�f the Recorder of Gibson
Counry, indiana, from Sallie P,. Devin, r'ancy Devin, Susan E. }tagland,
William S. Ra�land, grantors, hearing the description,
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"Lo[s nun:ix;r 1 and 2 in section 17, Tow�ship 2 Sou[h, Range 12
containing 95 acres more or less"
w�hich lo�s ar-� p�rt of the \�orth Nalf of and the Southeast Quarter of the
North��est Quar.er of that section.
(b) A�����: ra�ry deed dated February 2, 1894 and recorded Feb: uary 21,
139•� in Lk^.ed i�ecord 43, pa�;es 2S7 and 2SS, from Louisa ��i. Blinn, un-
rnarried, tkarii�g [he d2scripdon,
"Lot number 3 in section 17, 'Powrship�2 South, Range 12' West, "
contaii�in� 19.90 acres, more or less"
���hich is in che Souchwest Qua: ter cf �he tio: theast Quar[er oi that section,
ar.d
"Lots number 4 and 5 in �et.;.ion 17, Township 2 South, i:ange i2
West, containing 97. 10 acres"
which are in �he North 'rlaif uf �'�c Soutt,easc Quarcer of [hat seccion.
This a:fiant's farher, David �,4. H�ill, �•ith his wife, liarriec P.. Hull,
)Olitlil�, transtcrred CU JJf]❑ �'. f���Ull, CC1S .9Ii1111C, h}' 2 WdiI8I1CY (jc:.eu �atBu
Sep.ember 1, 1924 and reccrded \-iarch 29, 1926 in Deeci Record 95, page
2CS, the rcalescate descri�;d as locs 1, 2, 3, 4 and � in sec�ion 17,
Town 2 Souu7, Range 1'l ��'est. This a:fiant held title to the real es[ate
in his sole name until transferred to his wife, Anna Hull, by a«�arranty
deed dated June 1, 1939 and recorded ]une 26, 1939in Deed F.ecord 110, �
at pabe 2-14, in the office of the Recorder of Gibson Counry, Indiana. L�
`--�- that deed the real estate under consideration is. described�as:,,:_, :.. _.-�. _,r �,
"The \'orchwest Quarter, and ti�e South West Quar[er of che North
, east quar[er and the Norch half of the South east quarter in
� secaon 17, Township 2 South, Range 12 West, containing 272
acres, more oi less, "
rather than identifying the property b�� lot numbers.
3.03. The affian[ and his immediate and respective predecessor
in a continuous line of title has openly, notoriously, con[inuously, unin-
terruptedly, and adversely possessed and enjoyed che subject lands for
a period of more than twenty years prior to and, during such period, has
speciiically exercised the following acts of dominion and control.
3.031. This afiiant at ntie age of 15 began managing the
farm o; 272 acres for his fadier who w�as in extremely poor health. In
1906 a warranty deed was �iven to a railroad ior right of way (dated
: _ _October _18, 1906 and recorded \�tarch 18, 1907 in Deed Record 6�, page
128, in the oifice of the Recorder oi Gibson Counry) across-the -farm.— -- --
In order to establish title to the farm by section lines, this afiiant went
to the oifice of the Gibson Counry Auditor prior to the date of the railroad
deed and demanded unsuccessfully [hat the record be amended to reflect
the farm actually occupied. The farm actually occupied was as descri�d
in paragraph 2 above along sectional or "40/40" lines. The demand upon
[he Auditor was to make title to the occupied land secure in [he records.
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3.032. With the passage of the "Stock Law" requiring fencing,
believed to be in 1911, that same year this affiant helped fence [he entire
farm as described in paragraph 2 above. �+, registered surveyor was
employed �o iden[ify the lines and this affiant pei-sonally drove che posts
identifying the line on a sectional or "40/�4U" basis. It was upo� these lines
that the fazm was then fenced as i[ has been occupied from that year undl
[his date.
3. 033. This affiant classifieci a-.por.tion=of =the subject -laod ��
as forest land under date of Februai=y , 1931, which classification was
recorded !� Commissioner's Record 35, page S 17, in the office of the
Auditor of Gibson Counry, Indtana and at Misce►laneous Record 30, pages
485 to 489 in Che office of the Recocder of Gibson Counry, [ndiana.
3.034. This affiant, his wife joining, executed a mortgaee
of [he land as described in paragraF�i 2 above, dated October 19, 1937 and
recorded Oc[ober 29, 1937 in Mort.gage Record 125, page 119, in the office
of the Recorder of Gibson County, In�iiana, to the mortgagee, Disaster.
Loan Corporation of Washington, District of Columbia.
3.035. This affiant, his wife joining, execuced an oil and
gas lease of the lands described in paragraph 2 above to the Superior
Oil Company under date of November I5. 1938 which lease was recordeci
December 24, 1938 at Lease Record 37 at page 363 in the office of the
�Itecorder of Gibson County, tndiana.
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3, 036. This affiant transferred the title to the real estate
as described in paragraph 2 above by warranty deed co 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 Counry,
Indiana.
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3.037. 'Iiiis affiant and his wife execu�ed an oil and gas lease
of che land as described in paragraph 2 above to T. ]. Welborn under date
of February 22, 1941,'which was recorded May t3, 1941 a� Lease Record S0,
page 240, in the office of the Re�.order of Gibson County, tndiana.
3.038. There was an exchange of mineral deeds using [he de-
scription as shown in paragrapti 2 above between chis affiant and his wife
and their cwo sons resulting in a distribution of che mineral ownership in
four shares, the latter deed being da�ed April 30, 1942 and 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 classificacion of forest
land certain portions of the farm. "1'he a�plication for withdrawal is
dated August 15, ]966, and recor.:Cd ih:cemi�er 6, i�ti6, in Miscellaneous
Record� I70,- page 2�5, 1n the office of-the Recorder of Gibson Countv,- ---- ' -
Indiana. "The appraisal of the applica�ion is execu�ed by Joseph ]. �,vallace,
the township assessor and is made u�n a quarter-section basis without
reference [o lo�s.
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3.04U. The affiant with the orher owners joining, execu:ed an o�l
and gas lease of the land as described in paragraph 2 above to C��nd i Uil
Company, under date of August Z, .1965, and recorded October 1�, 1965 at
Lease Record 160, page 371 in the office of [he Recorder of Gibson County.
• 3.O�L This affiant and his wife transferred by warranty deed
to Floyd Investmencs, S. A. Corp., an Indiana corporation, dated January 30,
196& and recorded February �, 19Gb at need Record 17�1, page 95 in the
office of the Recorder of Gibson C;ountv, !ndiana, that part of the subject
propercy which is in the nor[h hatf ut :ection U.
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{•, � 3.042. Thig-affiant=titiieFr,tErs wfiFcr an�t�iers ')o�nirt� tfansferred~
by warranry deed ro �\Qary Anna Ilul�, �.,re:t July -, i�h5 at I�e:ad Recorci 167,
page 224, the pro�:rry descrit�cu ir para�raph 2(bj.
3.0�3. 'I�e presenc .�u•ners, i�eing the immediatr �rantees
of this affian[ and his wife, each e�e�utec; an Oprion and Purchase Agreemen[
under date of Apri] 28, 1970, in favor o: L. J. Hoing of Vincennes, fndiana,
which option �.�•as exerc(sed by �he said optionee and his assi�nee un�3er date
of June Z, 1970.
3.044. This aifiant has, during die period of cime he com-
menced farming the land described in ��aragraph 2 ahove (or a�ri�xi of
almos[ �0 years thereafter, made frequenc and repea,ed trips to �he oifice
of [he P.uditor oi Gibson County ro 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 :orm of �0 acre tracts or mulriples chereof,
all of which efforts were unsuccessful.
{ 4. By virtue of all of the foregoing and under die pruvisions of
Section 3--J_41��of�Burns Indiana �Anno�atecl. Statutes,;� the affiaiiE d_pes_,'request _y,_
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the Audi[or of the s[ate of Indiana co ce'rtify in due form rhat �he scate of
! [ndiana has no claim or title [o 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.
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Subscribed and sworn to before me this � day of October, 1970.
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' THIS INSTRU�tENT PREPARED BY RP.BB Gh1ISON, LAWYER
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