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That E1i2aboth Rohel' and David Roher had doceased prior to the death of <br />Said Jacob leap inU as their hai?,s at 1 aw9 these minor children, John <br />Roher Lydia RoY�er and Sarah Rollers of whom the said John Roher quit <br />ci.aime(i his interest i.n said land to said defendant. Said Lydia inter— <br />married Vith one "David" M. Shively and of tervlar. ds on the: day of <br />July, 18629 died, leaving as her h6irs her husband, the said Daniel M. <br />Shively, and plaintiff Flora Shively, her only child. And defendant avers <br />by reason of the advancement aforesaid, so ;Wade and accepted as Buell and <br />intended so to be to• said Elizabeth Roher, neither said plaintiff nor <br />said Daniel M. Shively nor any other person clairi.ng through or under <br />said David and Elizabeth Roher or eitYler of them, has any interest or <br />claim upon said premises or any part thereof. <br />Therefore, defendant prays that title to said described real <br />estate be quieted and plaintiff and every peraon and all persons claiming <br />in, under or from her, be forever enjoined by decree of court from get -- <br />Ling up any elain in, to or upon said real estate or any part thereof_ <br />on Apxil 13th, 1$66, Exhibit r,Ptl and other parts of defendant's <br />answer strloken OUt On motion. <br />On October 16th9 1866, plaintiff files general denial to defend— ,. <br />ant r s answer. Trial. Finding for defendant, that said plaintiff is not <br />entitled to any share, right, title, or interest in the land in her <br />complaint described, as follows: The South !Vest 1 of Sectimn No. 139 <br />Tormship No. 37 North, Range No. 2 East, and that the claim of said <br />plaintiff is a cloud upon the title of defendant, which should be removed, <br />and that said plaintiff and all and every person or persona claiming by, <br />through Or under her deceased mother be forever enjoined from setting <br />up any claim; of title or interest in said land. It is therefore ordered, <br />adjudged and decreed by the Coixrt, that the said Flora "Shivley" and <br />a13 and every person or persons claiming by, through or under the said <br />Flora Shivley lt,e and hereby are perpetually enjoined from setting UP <br />any claim of title or interest in said real estate, or any paTt thereof. <br />