Loading...
Court Order - Roser, W R_12/3/1970.�t�.! � . • • 1r , ^ - �-- ' , � U � l:r l.n �! �� CeC ? 1970 CERTIFICATE� � J' V �CS/���� AUDITOR (i, C, To: The Auditor of State State of Indiana 200 West Washington Street Indianapolis, Indiana 46204 I hereby certify that the instrument to which this certificate is attached is a full, true and complete copy of a verified petition for the issuance of a certificate of disclaimer of interest by the r.'h State of Indiana which was filed in my office on the �' day of December, 1970. Pursuant to the proviaiona of Acte 1931, Chapter 162, I hereby further certify that there is no proof of any clatm that the State may have to the lands referred to in said petition now of record in the � office of the Auditor of Gibson County, Indtana. ' - DATED this �%� day of December, 1970. �-- 0 0 0 � .. _ _ . � . � - - --- PETITIOIQ OF W. R. ROSER FOR CERTIFICATE OF DISCLAIMER PURSUANT TO ACTS 1931, ,CHAPTER 162 (IATD. A\TN. STAT. �9 3-1411 —� 3-1415 (Burns' 1968] To: The County Auditor Gibson County, Indiana The Auditor of State State of Indiana W. R. ROSER reapectfully petitions the County Auditor of Gibson County, Indiana, and the Auditor of State of the State of Indiana, and says: 1. Your petitioner is the owner and ia in possesaton of the following real estate situate in Gibson County, State of Indiana, to-wit: The southeast quarter; the east half of the southwest quarter; and the northweat quarter of the southwest quarter;. section 8; � __, . _ , _ ,__ _ _._ _ _ __ Also, the weat half of_the southwest quarter of __ section 9; Also, the north half of the northeast quarter; and the southeast quarter of the northeast quarter of section 17; all in township 2 south, range 12 west; and containing in all � 480 acres, more or less; having become the sole owner thereof under the �terma of a warranty deed _ dated March 22, 1952, recorded in Deed Record 134, page 183, records in the office of the Recorder of Gibson County, Indiana, from W. E. Renfro, as grantor, to Victoria Davia and petitioner as joint tenante with right of aurvivorahip, by virtue of having survived the said Victoria Da vis. 2. Prior to her death on January 4, 1968, Victoria Davts and her predeceasors in title were in poasession of all of the above described real estate and claimed to be the owners thereof by a continuous and uninterrupted line of poeseasion under claim of title and ownership and by open, notorious, 0 • continuous, uninterrupted and adverse possession for more than 50 yeara, which claim of title and possesaion has been continuei3 and asserted by this petitioner from the date of death of Victoria Davis to the present time. . 3. The•above described lands were acquired by the State of Indtana from the United States of America as a ewamp land grant and the State of Indiana originally patented the same to various entrymen by the following . deaignations: (a) The east half of the southeast quarter or Lot No. 4 of section No. 8, townahip 2 south, range 12 west, containing 80 acrea, more or leas; (b) The northwest quarter qf the southwest quarter of section No. 9, township 2 south, range 12 west,.containing 40 acrea, more or less; (c) The southwest quarter of the southwest quarter of section No. 9, township 2 south, range 12 weat, containing 40 acrea, more or lesa; (d) The north half of the northeaet fraction of the ---- northeast quarter of section 17,—township 2 south, range 12 west, containing 23.52 acres, more or less; (e) Lots numbered 3 and 5 in aection 8, township 2 south, range 12 weat; (f) The south half of the fractional northeast quarter of section 17, tovinship 2 south, range 12 weat, containing 23. 52 acres, -- , more or less; -• but your petitioner and his above-mentioned predecessors in title have in fact poasesaed and claimed to own all of the real estate described in numbered paragraph 1 of this petition, and have paid all taxes assessed thereon by Gibson _ County, Indiana, together with sundry ditch assesaments and levee aeaessmenta for more than 50 years, and have cleared various parts of said lands, drained, fenced and cultivated said lands and produced crops therefrom and have received and taken all the income from said lands as deacribed in numbered paragraph 1 of this petition. . . � � 4. In addition to the acts of ownerahip and poeseaeion and payment of taxes and asseasments to the exclusion of all other peraone, your petitioner and his predeceasora in title have asserted the following acts of - exclusive ownership over said lands: (a) On October 12, 1907, Dr. P. G. Manley and Mary E. Manley, his wife, issued an oil and gae lease to Unity Oil Company covering said real eatate containing 480 acres, more or less, for a term of five (5) yeara. Miecellaneoua Record 9, page 81, recorda in the office of the Recorder of . Gibson County, Indiana. (b) � On October 7, 1909, Paul G. Manley and Mary E. Manley, his wife, isaued an oil and gas lease covering said real estate containing 480 acres, more or less, to A. J. Smith for a term of five (5) years. Miscellaneous Record 12, page 380, records in the office of the Recorder of Gibeon , County, Indiana. (c) On November 29, 1912, Paul G. Manley and Mary E. Manley, his wife, issued a mortgage covering said real estate containing 480 acres, to Aetna Life Insurance Company to secure the payment of $8, 0,00. 00. Mortgage Record 79, page 449, records in the office of the Recorder of Gibson County, Indiana. .�-. _ _ _ - — � � (d) On September 30, 1914, Paul G. Manley and Mary E. j� ' Manley, his wife, conveyed said real estate, containing 480 acres in all,to W. W, Reding and Victoria Davis by warranty deed. Deed Record 78, page 417, records in the office of the Recorder of Gibaon j County, Indiana. (e) On December 7, 1914, William W. Reding and Victoria Davis obtained a decree from the Gibson Circuit Court, Gibson County, Indiana, quieting their title to said real estate containing 480 acres as againet Ida R. Curtis and certain other peraons. Civil Order Book 67, page 264, records in the office of the Clerk of the Circuit Court of Gibeon County, Indiana. (f) On August 13, 1930, William W. Reding and Sue D. Reding, his wife, conveyed a 1/2 interest in said real estate, con- taining 480 acres, to Victoria Davis by warranty deed. Deed Record 100 page 115, records in the office of the Recorder of Gibson County, Incfiana. "� �(g) On October 24, 1938, Victoria Davis iseued to _ Francis J. Henneberger an oil and gas lease covering said real estate containing 480 acres more or less for a term of five (5) years. Miscellaneoua Record 37, page 219, recorda in the office of the Recorder of Gibaon County, Indiana. . . . � � (h) On March 19, 1948, Victoria Davis and Susanna D. Reding issued to Leland S. Barkley an oil and gas lease covering said real estate for a term of ten (10) years. Miscellaneous Record 71, page 51, recorde in the office of the Recorder of Gibson County, Indiana. (i) On A'ovember 26, 1948, Victoria Davis and Susana D. Reding issued an oil and gas lease to Illinois Mid-Continent Company covering said real estate containing 480 acres more or lesa for a term of one (i) year. Miscellaneous Record 73, page 385, records in the office of the Recorder of Gibson County, Indtana. (j) On November 28, 1949, Victoria Davis and Susanna D. Reding issued an oil and gas lease covering said real estate containing 480 acres, more or less, to Ryan and Sharp for a term of one (1) year. Miscellaneous Record 79, page 317, recorde in the office of the Recorder of Gibson County, Indiana. (k) On November 27, 1950, Victoria Davis and Susanna D. Reding issued an oil and gas lease to Ryan and Sharp covering said real estate containing 480 acres, more or less, for a term of six (6) months. Miscellaneous Record 85, page 455, records in the office of the Recorder of Gibson County, Indiana. ' (1) On October 1, 1951, Victoria Davis and Susanna D. Reding issued an oil and gas lease covering said real estate containing in all 480 acres to Ryan and Sharp for a term of 90 days. Miscellaneous Record 93, page 95, records in the office of the Recorder of Gibson • County, Indiana. _ (m) On March 22, 1952, Victoria Davis conveyed said real estate containing in all 480 acrea to W. E. Renfro by warranty d eed. Deed Record 134, page 182, records in the office of the Recorder of Gibson County, Indiana. (n) On March 22, 1952, W. E. Renfro conveyed said real estate containing 480 acres, more or less, to Victoria Davis and �_ W. R. Roser, as joint tenants with right of survivorship by warranty deed. Deed Record 134, page 183, offtce of the Recorder of Gibson County, Indiana. (o) On May 1, 1952, Victoria Davis issued an oil and gas lease covering said real estate containing 480 acres, more or less, - to Ryan and Sharp for a term of 90 days. Miscellaneous Record 95, page 353, office of the Recorder of Gibson County, Indiana. (p) On September 17, 1953, Victoria Davis granted unto Farm Bureau Oil Company, Inc. a pipeline right-of-way through and � across said real estate. Deed Record 138, page 94, records in the office of the Recorder of Gibson County, Indiana. � . .. � • 5. No person or peraona other than your petitioner and his predecessors in title have taken or received any rente and profits from said real estate since the same was originally acquired from the \, �_' State ofIndiana and entered, and neither the State of Indtana nor any other � person has paid any ta�ces or assesaments levied against said lande or made any improvements on any part of said lands or cultivated any part of said lands, and neither the State of Indiana nor any other person has made any clatm whatsoever thereto adverae to the claim of ownerahip of the petitioner and his predecessors in title as set forth above. 6. The official transfer records and tax duplicate records in the office of the Auditor of Gibaon County, Indiana, and the office of the Treaeurer of Gibaon County, Indiana, disclose no facta or evidence which is in any way contrary to the allegations of this petition. WHEREFORE, the petitioner prays for a determination by the County Auditor of Gibson County, Indtana, and by the Auditor of State of the State of Indiana that the claim and proof set forth above are sufficient and that the State of Indiana has no title to the real estate described in paragraph 1 ' of this petition, and that said Auditor certify in due form that the State of Indiana has no claim or title to such real estate, all as provided by Acts 1931, Chapter 162, and for all other proper relief. - � � �� . W. R. Roser, Petitioner STATE OF FLORIDA, COUNTY OF Orange , SS: W. R. ROSER, being first duly sworn upon oath, deposes and says that he is the petitioner in the above and foregoing petition, that he has read eaid petition, and that the matters and things set forth therein are true. �'' s��l/l' !�/ �%'-��� - �' W. .�er _ �, _. . - � Subacribed and sworn to before me ihis�lst;day of December , 1970. - "_ � Q�'cf N. .Nc t�lc,1� — Notary Public Notary R:6C•c, Stata cT Florida at Larq� My Commisston'Expires: �Y ��m��icn E�p've; M=rm 19, 1'v7f —�-----r.._..—. a c..,.ur ce.