Page:Federal Reporter, 1st Series, Volume 8.djvu/413

 CHAMBERLAIN V. MASSHALL. 899 �of the Virginia military district, at Chillicothe, Ohio, on iTovember 28, 1823, and Apriie, 1824. ■, ■ ! ,, �This entry and survey were for the flrst time returned to the landroffice in July, 1877, and a patent was issued in July, 1877, and January 25, 1878, in the name of the United States, duly signed by the president and couutersigned by the recorder of the general land-office, granting the tract described to the defend- ants, as only heirs at law of Eobert Marshall, deceased, who is recited therein to have been the assignee of Eobert Alvery, .who was assignee of Francis Turner, the soldier whose service in the Virginia Une, on continental estab- lishment, is declared to be the consideration of the grant, and the grant therein madepurports tobein pursuance of the act of congress of August 10, 1790, and other acts of congress amendatory thereto. ihe act aforesaid is entitled "An act to enable the officers and soldiers of the Yirginia line, on continental es- tablishment, to obtain titles to certain lands lying north-west of the river Ohio, between the Little Miami and Scioto." �It appears, from the records of the office of the auditor of Logan county, that in thelist of lands in that county returned delinquent by the treasurer of the county for taxes for the year 1841, with the interest and penalty thereon; including the simple tax for the year 1842, there is the followingi �Proprlel^rsKames. «^ Si:^ SSa Or,'lV.o^neto. .^^^ Marshall, Robert 100 5275 Derby Robert Marshall 100 �TOTAL AMOXnfT OF TAX. �Value, including Buildings. Township. D. C. M. 189 Perry 8 37 5 �2 94 7, cost of survey included. And notice was thereby given that the tracta in said list, or so much thereof as necessary, would be sold at the court-house in said county on the last Monday in December (26th) by the treasurer. It further appears bv the same records, under date of Febmary 27, 1843, that on December 26, 1842, the county treasurer had sold the tract as above described to Jeremiah Asherj the 9aid delinquent sale having been advertised according to law for four weeks in succession in the Logan Gazette, a newspaper published and printed in the town of Bellefontaine, in said county. �On May 20, 1845, the auditor of Logan county executed and delivered a deed, which was duly recorded, conveying to Jeremiah Aslier the tract so sold, described as lOOJ acres of land and number of entry 5275, that was charged for taxation to Robert Marshall's name, and situated in Perry township. This deed recites that the treasurer of said pounty, on the last Monday in. December, {26th,) in the year 1842, did sell, according to the provisions of the statute in that case made and provided, to Jeremiah Asher, the said tract of land for the taxes, interest, and penalty charged thereon, amounting to $8.37 5, which were paid by the purchaser, and that more than two years hadelapsed from the time of said sale and the tract so sold had not been redeemed, and that the certiflcate of sale had been produced tO him. �On August 6, 1849, Jeremiah Asher sold and conveyed the tract to Eliza Ann Chamberlain, wife of William Chamberlain, by a, deed duly executed and recorded s .. ■ ��� �