Court Order - Pulic Service Company of Ind, Pulic Service Company of Ind_8/18/1971`
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, � STATE OF INDIANA �
GIBSON COUNTY
STATEMENT OF AUDITOR OF GIBSON COUNTY
To the Honorable Ms Mary Aikins
Auditor of State
State House, 200 West Washington
Indianapolis, Indiana 46204
In accordance with the provisions of IC 1971 32-1-19-3,
I transmit herewith one of duplicate copies of a petition by
the Public Service Company of Indiana, Inc., to quiet title
to certain lands in Gibson County, Indiana, against the state
of Indiana, together with the proof and claim in support there-
of, which petition, proof, and claim were filed in the office
of the Auditor of Gibson County, Indiana, on the �� day of
August, 1971. In further pursuance of said IC 1971 section,
I hereby certify that there is no proof of any claim that the
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 this � day of August, 1971.
�...� ..���.,
Audi r of Gibson County, Indiana
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STATE OF INDIANA
GIBSON COUNTY
PETITION TO QUIET TITLE TO REAL ESTATE
AGAINST THE STATE OF INDIANA
To the Honorable Roy Owens
Auditor of Gibson County
Princeton, Indiana
Public Service Company of Indiana, Inc., by its duly
authorized attorneys, does present and file herewith, in duplicate,
the claim of ownership of Public Service Company of Indiana, Inc.,
to the following described land situated in Montgomery Township,
Gibson County, Indiana:
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 2 SOUTH, RANGE 12 WEST,
THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 8,
TOWP�SHIP 2 SOUTH, RANGE 12 WEST.
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 IC 1971 32-1-19 and the Auditor
of Gibson County is respectfully requested, as provided in IC 1971
32-1-19-3 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.
The petitioner now requests that this petition be forwarded
to the Auditor of the State of Indiana for a certificate showing that
the State of Indiana has no claim or title to such real estate and
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that the Auditor of the State shall issue such certificate as to
bar the State of Indiana from setting up any claim or title to such
real estate.
Dated this 18th day of August, 1971.
State of Indiana,
Knox County, ss:
EMISON, EMISOP� & DOOLITTLE
BY �O�" �,,,;, °-..
�ttorneys for etitioner,
Public Service Company of
Indiana, Inc.
P. 0. Box 215
Vincennes, Indiana 47591
Phone (812) 882-2280
VERIFICATION
Rabb Emison, being first duly sworn upon oath, deposes
and says that he is one of the attorneys for the petitioner, Public
Service Company of Indiana, Inc., and as such._is duly authorized to
and does make the within verification and that all the facts and
matters set out in the foregoing petition are true.
Dated this 18th day of August 1971.
a�►.Pr.. (ir�..:....�
a mison
Subscribed and sworn to before me this 8th day of August, 1971.
. yrn��t-ce ,�. iYZ� �
_ mmie . i er, otary—Pu6Tic
Ny�commi`ssion expires:
March 9, 1975
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' ' AFFIDAVI •N SUPPORT Of PETITION TO QUI�ET TITLE
THE REAL ESTATE AGAINST TIIE STATE OF INDIANA
In re: The East Half of the Northwest
" Quarter of Section 8, Township 2
South, Range 12 West.
The West Half of the Northeast
Quarter of Section 8, Township 2
South, Range 12 West.
All in Montgomery Township, Gibson
County, Indiana.
State of Indiana
County of Knox
Rabb Emison, being first duly sworn upon oath, deposes and
says:
1. He is more than twenty-one years of age and is admitted
to the practice of law in the State of Indiana, conducting his prac-
tice in Vincennes, Indiana, and is an attorney for the petitioner,
Public Service Company of Indiana, Inc., an Indiana corporation with
its principal office in Plainfield, Indiana, for whom this affidavit
is made. This affidavit is based upon an examination of the title
records in Gibson County, Indiana, and an opinion of the Appellate
Court of Indiana, all as observed by this affiant, and it is upon
this observation that this affidavit is based.
2. The North Half of Section S, Township 2 South, Range
12 West (which includes the land which is the subject of this petition)
was a part of a Swamp Land Grant from the United States of America to
the State of Indiana, dated July 21, 1856, which is part of the offi-
cial file of the United States Land Office records on file in the
Archives Division of the Indiana State Library.
3. Thereafter, the State of Indiana by patents transferred
lots based upon a survey omitting title to areas identified as a
swamp. The following Indiana patents are relevant here:
(a) Lot No. One (1) of Section Number eight (8) in
Township number two (2) south of Range number
twelve (12) west containing sixty four and
20/100 acres be the same more or less situate in
Gibson County.
Dated February 1, 1871
(b) Lot No. (2) Section Number Eight (8) in Townshi
Number Two (2) south of Range Number Twelve (12�
West containing Fifty one and 50/100 acres be the
same more or less, situate in Gibson County.
Dated December 27, 1872
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Each of these patents was to a William 0. Daniels. A drawing
prepared by this affiant showing the lots as they appear on the
relevant survey is attached as an exhibit to this affidavit.
� 4. By a series of conveyances the lots came into the
title of one Benjamin Weiler in Cause #2339 in the Gibson Circuit
Court entitled John M. Blood v. Ben'amin 4Jeiler, et al. That
court determined that Weiler had good tit e across t e land which
is shown as a shaded area on the exhibit to the west line of the
� east half of the northwest quarter. Following this judgment, John
M, Blood, the owner of the land on the west, appealed the decision
to the Appellate Court of Indiana which ruled upon it in an opinion
filed November 4, 1921 cited as 76 Ind App 605. The opinion states:
'. . .
It appears by the special finding of facts that the State
of Indiana being the owner of two certain tracts of real estate
here designated as Lots 1 and 2, in 1811, sold and conveyed said
Lot 1 to one Daniels and thereafter by mesne conveyances one
Martin Meyer became the owner thereof in fee simple on May 7,
1887. In 1872, the state sold Lot 2 to one Daniels, and by mesne
conveyances said Meyer became the owner thereof May 21, 1892.
Said Meyer continued the owner in fee simple of said tracts of
real estate until his death which occurred January 5, 1907, when
his widow and children became the owners thereof. June 5, 1908,
they conveyed by warranty deed to appellee Weiler. More than
twenty years prior to the commencement of this action and to
the cutting of the timber which is the occasion of the controver-
sy herein, said hieyer, being in possession of said Lots 1 and 2
under the conveyances aforesaid, which lots included the west
half of the northeast quarter and part of the east half of the
northwest quarter of section 8, extended his possession under
claim of right, be ond said lots as far as and u to the west line
of the east half of the nort west quarter of the section, our
un er ining y cons ruc ing a ence consis ing o two or three
strands of barbed wire upon or near the said west line of the east
half of the northwest quarter, and from time to time by using said
lands for pasturage and removing timber therefrom. He thereby in-
cluded in such occupation the real estate upon which the timber
in controversy was located. The fence did not long remain, but
the occupation continued until the death of said Meyer, and there-
after his widow and children continued to use and occupy said
lands as the heirs of said Meyer until the time of the sale and
conveyance to said appellee Weiler, when said appellee entered in
possession of said tract up to the said west line of sai.d east
half of the northwest quarter as part of the real estate pur-
chased by him, and used the same for pasturage and sold the timber
therefrom up to the time of the commencement of this action. Such
occupation by said t4eyer and his heirs and appellee Weiler was,
for more than twenty years prior to the commencement of this
action, open, notorious, exclusive, continuous and under claim
of right. Appellant had never been in possession of, and had
never exercised any right of ownership over any part thereof.
On December 18, 1917, appellees entered into a contract between
themselves by which Weiler sold to Lovelette the timber located
upon said lands here involved. The acts of appellee Lovelette
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in cutting and removing said timber resulted in this action.
The court stated as its second conclusion of law that
the possession of said Meyer and of his widow and heirs and of
appellee Weiler to the lands from which the trees were cut de-
prived the appellant of the ownership of said trees, as its third
conclusion that appellant take nothing by his complaint, and its
fourth conclusion that appellee 4Jeiler was entitled to a judg-
ment and decree quietin9 his title to the real estate described
in his cross-complaint.
There was a judgment for appellees on the complaint, and
for appellee Weiler on the cross-complaint quieting title to the
real estate described therein which covered the land to the west
line of the east half of the northwest quarter of the section.
The findings, the correctness of which is not questioned, show
a complete taking of possession of the real estate in controver-
sy and upon which the timber involved was located, for more than
twenty years prior to the commencement of this action which is
sufficient to give title to appellee as against appellant. The
law sustaining such principle is so well established that we do
not need to cite authorities.
The judgment is affirmed."
5. Thereafter, there are shown these acts by the various
owners and grantors (including an agent of the State of Indiana)
which describe the property as extending to the west line of the
east half of the northwest quarter of Section 8.
(a) 4Jeiler mortgaged to the American Trust 8 Savings Bank
of Evansville certain property which included the east half of
the northwest quarter of Section 8-2-12.
(b) This mortgage was foreclosed in an action on a com-
plaint filed September 19, 1925 in the Gibson Circuit Court
by that bank against ldeiler describing the property to include
the east half of the northwest quarter of Section 8-2-12. The
order of foreclosure and the sheriff's deed to the bank
identify this property as the east half of the northwest quar-
ter of 5ection 8-2-12.
The American Trust and Savings Bank filed a complaint
to quiet title in the Gibson Circuit Court on November 10,
1936 and described the property (in an overlapping description
resulting from the use of the lot numbers) describing this
property as the east half of the northwest quarter of section
8-2-12. The order of the court quieting title against the
world included the same overlapping description which specified
the east half of the northwest quarter of Section 8-2-12. On
July 24, 1933 the Department of Financial Institutions filed
an action in the Superior Court of Vanderburgh County to
liquidate American Trust and Savings Bank. On June 15, 1937
in that action, Ernest,L.• Brown, Special Representative of the
Department of Financial Institutions in charge of this liquida-
tion obtained authority from the court to sell this property
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describing it as follows, "The P�ortheast Quarter of the tlorth-
west Quarter and the Northwest Quarter of the Plortheast Quarter
known as Lot l; the Southeast Quarter of the Northwest Quarter
and the Southwest Quarter of the P�ortheast Quarter, known as
Lot 2..." The total description is identified as 520 acres
which would make the area here 160 acres requiring that the
shaded area in the exhibit attached be included in the title
transfer.
(c) The Department of Financial Institutions of the State
of Indiana with the bank joining delivered a quitclaim deed
dated June 15, 1937 and recorded in Gibson County, Indiana at
Deed Record 107, page 424,to the purchasing Smith interests.
The deed described the property quitclaimed in the same form
as the court o.rder which would require that Lots 1 and 2 total
160 acres extending to the west line of the east half of the
northwest quarter.
This petitioner, the Public Service Company of Indiana, Inc
acquired title by a Clerk's Deed in an action of condemnation using
the description for this area used by the State of Indiana agency,
the Department of Financial Institutions which identifies title to
the property inclusive of the shaded area in the exhibit attached.
C�/�� � � �
`�kra mison
Subscribed and sworn to before me this 18th day of August, 1971.
. iC7 � `�
tmmie . i er, otary u ic
My commission expires:
March 9, 1975
THIS INSTRUMENT PREPARED BY RABB EMISON, LAWYER
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