Court Order - Pulic Service Company of Ind, Pulic Service Company of Ind_9/2/1971 . • •
patent from the United States to the State of Indiana, there is
no indication that the State of Indiana has divested itself of
title to this 40 acre parcel. The Auditor of the State of Indiana
has indicated that no patent was ever issued by the State of
Indiana for this 40 acre quarter-quarter section.
3.02. The affiant, and her deceased husband, Leo Kieffer,
acquired title to the captioned real estate by virtue of the
Warranty Deed of Stella Grundon , a widow, dated October 1, 1935 ,
and recorded October 1, 1935 in Deed Record 105, page 257 in the
office of the Recorder of Gibson County, Indiana. The affiant has,
from the date of said deed until the date hereof, held said land,
claiming to be the owner thereof, by a continuous and uninterrupted
line of possession under a claim of title and ownership of the
subject real estate.
4. The affiant, and her deceased husband, Leo Kieffer,
have openly, notoriously, continuously, uninterruptedly, and adversely
possessed and enjoyed the subject land for a period of more than
twenty years prior hereto and, during such period, have specifically
exercised the following acts of dominion and control :
a. The affiant and her husband have paid property
taxes assessed against the said real estate since the date the said
real estate was acquired.
b. The affiant' s husband, Leo Kieffer, farmed the said
real estate from 1935 until the time of his death on April 17 , 1967 ;
and that affiant and Leo Kieffer received and enjoyed the income
from said property.
2.
r . , • • •
c. That the said property was assessed benefits in
the matter of the Petition For Levy Stephen A. Blood, et al, in
Cause No. 9927 in the Gibson Circuit Court, and affiant has paid all
Blood Levee assessments assessed against the said property.
d. That the said property is listed for taxation in
the name of Kieffer, Leo and Agnes.
e. That affiant, together with her husband Leo Kieffer,
executed a mortgage covering the said real estate to the Farmers
National Bank of Princeton , Indiana, on November 10, 1965 and recorded
November 12, 1965 in Mortgage Record 198, page 176 in the office of
the Recorder of Gibson County. Said mortgage was released by the
Farmers National Bank of Princeton, Indiana on August 22, 1967 .
5. By virtue of all of the foregoing and pursuant to the
provisions of Section 3-1414 of Burns Indiana Annotated Statutes,
the affiant does request the Auditor of the State of Indiana to certify
' in due form that the State of Indiana has no claim or title to the
following described real estate, and that the State of Indiana shall
thereafter be barred from setting up any claim of title to such real
estate.
The Southeast Quarter of the Northeast Quarter of
Section Nine (9) , Township Two (2) South, Range Twelve (12)
West, containing 40 acres, more or less.
And further affiant saith not.
macnes
Aggnes i Kie e
Subscribed and sworn to before me this 5? -41!f day of
November, 1970.
/,ct )nun'
My commission expires : tT Notary Public
THIS INSTRUMENT PREPARED BY ROBERT P. DOOLITTLE, JR. , LAWYER
3.
, � �
STA G OF Ii�DIrV�1A
GIBSON COU:'iy, SS :
:;'Pe�I'n[•1ENT OF AUDITOR OF GIBSU:r COUNTY
TO 7:I.� IIG:dr:�;.,1CI.L• 2•�' ; ' :1IKI:IS - _ . . _ . .
l�UDITOR OP STATi: ur INDIANA
STATE HOUSE
200 �+TEST F7ASHINGTON AVENUE
INDIANAPOLIS, IhIDIANA 46204
In accordance with the provisions of IC 1971 32-1-19-3
(Section 3-1413 of Burns Indiana Statutes, Annotated), I transmit
herewith one of tlie duplicate copies of a petition by Public Service
Company of Indiana, Inc. to quiet title to certain real estate in
Gibson County, Inciiana, against the State of Indiana, together with
the proof and claim in support thereof, which petition, proof, and
claim were filed in the office of the Auditor of Gibson County,
Indiana, on the �_ day of September, 1971. In further pursuance
of said IC 1971 32-1-19-3, I hereby certify that there is no proof
of any claim that tne State may have to the lands referred to in such
petition now of record in the office of the Auditor of Gibson County,
Indiana.
Dated chis" s_�� day of September, 1971.
' ' �c.�rG,n.d
120 0 GNS, AUDITOR OF GLiiSUN COUi�iY,
INDI� �.:
F�LE�
s�° � »?1
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STATE OF INDIANA
GIBSON COUNTY
�
PETITION TO QUIET TITLE TO REAL ESTATE
AGAINST THE STATE OF INDIANA
T0: THE HONORABLE ROY OWENS
AUDITOR OF GIBSON COUNTY
PRINCETON, INDIANA
Public Service Company of Indiana, Inc., by its duly author-
ized attorneys, does present and file herewith, in duplicate, the
claim of ownership of Agnes Keiffer to the following described real
estate situated in Montgomery Township, Gibson County, Zndiana, to-
wit:
The Southeast Quarter of the Northeast Quarter of
� Section Nine (9) Township Ttao- (2) South, Range Tt�elve
(12) West, co�taining 40 acres, more or less
and her proof of adverse 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 IC 1971 32-1-19 (being
Chapter 162 of the Acts of 1931, and also being Sections 3-1411 et
seq. of Burns Indiana Statute$, Annotated), and the Auditor of Gibson
County is respectfully requested, as provided in IC 1971 32-1-19-3
(3-1413 of �urns Indiana Statutes, Annotated) 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 IC 1971 32-1-19-3 (Section 3-1413, Burns Indiana Statutes,
Annotated).
. � �
Tlie petitioner herein, Public Service Company of Indiana, Inc.
acquired title to the said real estate by virtue of a warranty deed
dated November 9, 1910, recorded November 10, 1970 in DraweY No. 1,
Card No. 2646 in the office of the Recorder of Gibson County, and is
thereby interested in the relief prayed herein.
�.I
Dated this ,� day of September, 1971.
EMISON, EMISON & DOOLITTLE
By �! �.�.: �i ) ( ��. t. �'..': � �_ ,
Attorneys for Petitio er,
Public Service Company of Indiana,
Inc.
, . . ,
•
0
VERIFICATION
•
Robert P. Doolittle, Jr., being first duly sworn upon his
oath, deposes and says that he is one of the attorneys for the
petitioner, ?ublic Service Company of Indiana, Inc., and as such is
duly authorized to and does make the within verification, and that
all of the facts and matters set out in the foregoing petition are
true in substance and in fact.
,,,!
Dated this �� day of September, 1971.
V
t� f(7 ,
,J\: .�: _'f- J . ,; 1._._��.cc:�� . �.
Robert P. Doolittle,� r.
Subscribed and sworn to before me this �-� day of September,
1971.
My commission expires:
`%lj�✓ 9 / 9 �,s
.,�, i �.�,
Jimm'e , iller, Notary Public
Jimmie G. Miller
(Above name typewritten or printed)
�
,
. _ : _
STATE OF INDIANA
COUNTY OF GIBSON, SS:
�
AFFIDAVIT OF ADVERSE POSSESSION
TO BAR CLAIM OF STATE OF INDIANA
Mrs. Agnes Kieffer, being first duly sworn upon oath,
deposes and says:
1. That she is more than twenty-one (21) years of age
and resides at 1219 Cedar Street, Mt. Carmel, Illinois.
2. The affiant is, as of the date hereof, the owner of
record of the following described land situated in Montgomery
Township, Gibson County, Indiana:
The East Half of the Northeast QuaYter of Section Nine
(9), Township ltao (2) South, Range 1t�elve (12) West, contain-
ing eighty (80) acres, more or less.
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
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 State of Indiana
from afterwards setting up or asserting any title to such real
estate, and, in support thereof, the affiant does now depose as
follows:
3.01. Title to the Southeast Quarter of the Northeast
Quarter of Section Nine (9), Township Ttao (2) South, Range Ttaelve
(12) West, containing 40 acres, more or less was formerly vested
in the State of Indiana by virtue of a patent from the United States
of America to the State of Indiana dated April 8, 1853. Since the