Aff - South Construction Co, South Construction Co_8/12/1971. � V �
STATE OF IhDIANA
GIBSON COUNTY
'=MEt7T Or" AUDITOR OF GIBSvP� COUVT
To The Nonorable Ms. Mary Aikins
Auditor of State
St�te House, 20G :dest Washington
indianapolis, Indiana 46204
In accordance with the provisions of Section 3-1413 of
Burns Indiana Annotated Statutes (being IC 32-1-19-3), I transmit
herewith one of duplicate copies of a petition by South Construction
Conpany, Inc., to quiet title to certain lands in Gibson County,
Indiana, against the state of Indiana, together with the proof
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G� d:.�� iT1 $L'pN.i� ���er2o�� ..i��C�� j�c�`.ii.iOTi� j.i'uJi�_diiu C�d.iiTi
were filed in the office of the Auditor of Gibson County, Indiana,
on the ��day of � 1�.�11�..0 , 1971 . In further pursuance of
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said statute, 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 �02 day of , 1971.
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R y Owens
Auditor of Gibson County„ :ndiana
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STATE OF INDIANA
GIBSON COUNTY
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PETITION TO QUIET TITLE TO REAL ESTATE
To The Honorable Roy Owens
Auditor of Gibson County
Princeton, Indiana
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�UG 121971
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AUD�TOR G. C.
South Construction Company, Inc., (an Indiana corporation
having its principal offices in Hendricks County, Indiana) by its
duly authorized attorneys, does present and file herewith, in
duplicate, its claim of oanership to the following described lands
situated in Montgomery Township, Gibson County, Indiana:
(A) The east half of the southeast quarter of Section 9,
Township 2 South, Range 12 West, containing 80 acres,
more or less.
(B) The west half of the northwest quarter of Section 15,
Township 2 South, Range 12 West, containing 80 acres,
more or less.
(C) The northeast quarter of the northwest quarter of
Section 15, Township 2 South, Range 12 West, contain-
ing 40 acres, more or less.
and the 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, which proof consists of the
affidavit of Maurice B. Miller, which has been marked Exhibit A,
attached hereto, and is, by this reference, incorporated herein.
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�c. of�
Burns Indiana Annotated Statutes and being IC 32-1-19-1 et s�.),
and the Auditor of Gibson County is respectfully requested, as pro-
vided in Section 3-1413 of Burns Indiana Annotated Statutes (or
IC 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 said
Section.
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The petitioner herein is the grantee in a.certain warranty
deed conveying the aforesaid lands, among others, and made and
delivered by the said Maurice B. Miller and his wife on November
19, 1970. Q,/
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Dated this day of �, 1971,
EMISO EMISON & DOOL TTLE
BY ` �_
Attorneys for petitioner,
South Construction Company, Inc.
EMISON, EMISON 8 DOOLITTLE
P. O. Box 215
Vincennes, Indiana 47591
Phone (812) 882-2280
Verification
State of Indiana
County of Knox, ss:
Thomas S. Emison, being first duly sworn upon oath, deposes
and says that he is one of the attorneys for the petitioner, South
Construction Company, Inc., and as such is duly authorized to and
does make the within verification and that all the facts and
matters set out in thye �foregoing
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Dated this �--day of _
ition are true.
, 1971
Thomas S. ' on �
Subscribed and sworn to before me this � day of �%u.a�.r,�- , 1971.
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My commission expires:
September 13, 1974.
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Althea Laakman, Notary Public
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"EXHIBIT A"
AfFIDAVIT OF ADVERSE POSSESSION
TO BAR"CLAIM OF STATE
State of Indiana
County of Gibson, ss:
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Maurice B. Miller, being first duly sworn upon oath, deposes
and says:
1. He is mor.e than 21 years of age and resides in Princeton,
Indiana.
2. Affiant was, until November 19, 1970, (when he and Martha
H. Miller, his wife, conveyed the same to the petitioner, South
Construction Company, Inc.,) the owner of the following described
real estate.
2.01. The east half of the southeast quarter of
Section 9, Township 2 South, Range 12 West, containing 80 acres,
more or less.
2.02. The west half of the northwest quarter of
Section 15, Township 2 South, Range 12 West, containing 80 acres,
more or less.
2.03. The northeast quarter of the northwest quarter
of Section 15, Township 2 South, Range 12 West, containing 40 acres,
more or less.
3. This affidavit is made pursuant to the provisions of
Section 3-1411, et seq., of Burns Indiana Annotated Statutes
(IC 32=1-19-1, et seq.) relating to lands formerly vested in the
state of Indiana 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 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, 1856, by the
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United States of America to the state of Indiana, which patent
described, among others, the following lands:
3.011. "...the South East quarter or the lots
numbered four, and seven of section nine...."
3.012. "...the whole of section fifteen...."
3.02. The affiant took title to the subject real
estate, as a part of a larger parcel containing 400 acres, by virtue
of the warranty deed of John Miller and Ida Miller, husband and wife,
dated July 7, 1956, and recorded January 27, 1961, in Deed Record
156, page 293, in the office of the Recorder of 6ibson County,
Indiana, which warranty deed conveyed, among other, the following
lands:
The east half of the southeast quarter of section 9,
township 2 south, range 12 west, containing 80 acres.
The west half of the northwest quarter and the north-
east quarter of the northwest quarter of section 15,
township 2 south, range 12 west, containing 120 acres.
3.03. The affiant has, from the date of said deed
until the date hereof, held said land, claiming to be the owner
thereof, by continuous and uninterrupted line of possession under
a claim of title and ownership of the sutiject real estate.
3.04. The affiant's grantors, John Miller and Ida
Miller, were the mother and father of the affiant, and the affiant's
father took title to said real estate by virtue of a Sheriff's Deed
made by Stancil 0. Williams, Sheriff of Gibson County, in the state
of Indiana, under date of October 9, 1937, and recorded October 8,
1937, in Deed Record 108, page 87, in the office of the Recorder of
Gibson County, Indiana. The said Sheriff's Deed conveyed the afore-
said real estate, describing it as follows:
Lot Number 4 in Section 9, township 2 south, range 12
west, containing 17.60 acres...ALSO, Lots Number 1 and
2 in Section 15, township 2 south, range 12 west, con-
taining 72.10 acres....
3.05. The said John Miller acquired a quitclaim deed
from Randolph County Bank, a remote grantor which had taken title
under the warranty deed of Lola R. Kelch, unmarried, dated March 30,
1927, and recorded April 28, 1927, in Deed Record 96, page 408, in
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the office of the Recorder of Gibson County, Indiana, and under the
administratrix' deed of Lola R. Kelch, as administratrix of the
estate of Henrietta Kelch, deceased, dated March 30, 1927, and re-
corded April 29, 1927, in Deed Record 96, page 411, in the office
of the Recorder of Gibson County, Indiana, each of which deeds used
the following description:
The east half of the southeast quarter of section 9,
township 2 south, range 12 west, containing 80 acres.
The southeast quarter of the southwest quarter, the
west half of the southeast quarter, the west half of
the northwest quarter, and the northeast quarter of
the northwest quarter, all of section 15, township 2
south, range 12 west, containing 240 acres.
Said quitclaim deed was dated October 11, 1937, and was recorded
August 9, 1948, in Deed Record 128, page 309, in the office of the
Recorder of Gibson County, Indiana.
3.06. The affiant and his father, the said John Miller,
have, together, openly, notoriously, continuously, uninterruptedly,
and adversely possessed and enjoyed the subject lands for a period
of more than 20 years prior to the date of the affiant's aforesaid
warranty deed to South Construction Company, Inc., and during such
period, they have specifically exerc•ised the following acts of
dominion and control:
3.061. John Miller and Ida Miller, his wife,
have granted the following oil and gas leases of the subject lands:
3.0611. To Superior Oil Company under date
of November 14, 1938, recorded January 12, 1939, in Miscellaneous
Record 39, page 15.
3.0612. To Superior Oil Company under date
of November 14, 1938, recorded March 18, 1934, in Miscellaneous
Record 41, page 587.
3.0613. To Everett Grant under date of
December 8, 1948, and recorded January 24, 1949, in Miscellaneous
Record 73, page 523, (west half of northwest quarter of Section 15
only).
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3.0614. To Everett Grant under date of
May 10, 1949, and recorded May 26, 1949, in Miscellaneous Record 75,
page 442. (east half of the southeast quarter of Section 9 only).
3.0615. To D. E. Schock under date of
February 11, 1950, and recorded March 3, 1950, in Miscellaneous
Record 81, page 131, (west half of northwest quarter of Section 15
only).
3.0616. To Everett Grant under date of
March 12, 1952, and recorded March 31, 1952, in Miscellaneous Record
95, page 41, (east half of southeast quarter of Section 9 and north-
east quarter of northwest quarter of Section 15 only).
3.0617. To Everett Grant under date of
May 26, 1958, and recorded June 30, 1958, in Miscellaneous Record
129, page 425, (west half of the northwest quarter and the northeast
quarter of the northwest quarter of Section 15 only).
3.0618. To Raymond A. Messman under date
of December 10, 1959, and recorded January 13, 1960, in Miscellaneous
Record 140, page 519.
3.062. .The affiant and Martha H. Miller, his
wife, have granted the following oil and gas leases of the subject
lands:
3.0621. To C& J Oil Company under date
of January 30, 1967, and recorded March 7, 1967, in Miscellaneous
Record 167, page 221, (west half of the northwest quarter and the
northeast quarter of the northwest quarter of Section 15 only).
3.0622. To Southern Triangle Oil Co. under
date of August 19, 1969, and recorded August 19, 1969, in Miscellane-
ous Records Drawer 1, Card 796, (northeast quarter of the northwest
quarter and the west half of the northwest quarter of Section 15
only).
3.07. John Miller, on August 11, 1948, filed a
complaint to quiet title to the subject real estate (and other lands)
against the world in the Gibson Circuit Court, and a decree was
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entered in said cause on October 20, 1948, in Civil Order Book 107,
page 116, determining him to be the owner in fee simple of said
lands as against the world.
3.08. By an instrument dated August 31, 1953, and
recorded September 9, 1953, in Deed Record 138, page 42, John Miller
granted and warranted to Farm Bureau Oil Company, Inc., "the right
to lay, operate, inspect, repair, remove, enlarge and remove pipe
lines for the transportation of oil, water and other substances,
and such equipment as may be necessary for such transportation over
and through...." the south half of the southeast quarter of the
southeast quarter of section 9, township 2 south, range 12 west, as
well as other lands.
3.09. John Miller, his wife Ida Miller joining,
conveyed the subject real estate, along with other real estate, by
a warranty deed dated July 7, 1956, and recorded January 27, 1961,
in Deed Record 156, page 293, to Maurice B. Miller.
3.10. When the aforesaid deed was transferred for
taxation in the office of the Auditor of Gibson County, Indiana, on
January 27, 1961, as appears on page 99 of the transfer book fo_r
Montgomery Township for 1950-1961 in said office, 80 acres were
transferred as constituting the east half of the southeast quarter
of section nine and 120 acres �aere transferred as constituting the
west half of the northwest quarter and the northeast quarter of the
northwest quarter of section 15, township 2 south, range 12 west.
3.11. Eighty acres in the east half of the southeast
quarter of section 9, township 2 south, range 12 west, are assessed
for the maintenance of the Lillard Ditch N1 in the name of the afore-
said John Miller as shown by Duplicate No. 105 for said ditch.
3.12. The east half of the southeast quarter of section
9 and the west half of the northwest quarter and the northeast quarter
of the northwest quarter of section 15, both in township 2 south,
range 12 west, together with other lands, have been held by the
affiant and his father, the aforesaid John Miller, each of them, in
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turn, claiming to be the owner thereof, by a continuous, uninter-
rupted line of possession, under a claim of title and ownership of
the subject real estate by open, notorious, continuous, uninter-
rupted, adverse possession of the same for a period of more than
20 years, and they have, during all of such period of 20 years, paid
all taxes assessed against said land and all assessments of every
kind and nature that were levied, assessed, and imposed against said
land, and such taxes and assessments were assessed in their names
and in the names of their respective predecessors in a continuous
line of title for more than 20 years.
3.13. By virtue of all of the foregoing and under
the provisions of Section 3-1414 of Burns Indiana Annotated Statutes
(IC39-1-19-4), 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 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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� Maurice �. Ttt i ler
Subscribed and sworn to before me this ��—elay of � I;,l,1,Ql.l,d-L,
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1971. � � ,
✓`� , �
Thomas . Emison, N tary Pu ic
t4y commission expires:
January 5, 1975.
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