John Lemaster Family - 1860 Pulaski Co., IN

John LEMASTERS and his family were enumerated in the 1860 census of Pulaski Co., IN in Van Buren Twp. on June 26, 1860 under the surname LEMASTER. John was the son of Jacob and Hannah (________) LEMASTERS and was my paternal 3rd-great granduncle.

John's occupation was that of a farmer, with the value of his real estate standing at $1000 and his personal estate at $200. John. aged 55, was erroneously listed as being born in Ohio; he was born in Mason Co., VA. Wife Mary was listed as aged 51 born in Pennsylvania.

The rest of the family consisted of sons Thomas M. and William W., aged 21 and 19, who were listed as farm laborers; daughter Mary E. aged 18, son James aged 16, daughter Nancy J. aged 14 and son Luman W. aged 12. All were listed as being born in Ohio. Luman's name was listed as Laman.

The other children of John and Mary were not enumerated on the same page and I need to do further research on this family. I believe that they migrated from Shelby Co., OH to Pulaski Co., IN shortly after the death of John's father, Jacob, in 1852.

John LEMASTERS b. September 24, 1804 Mason Co., VA., d. March 25, 1866 Starr City, Pulaski Co., IN, m. December 14, 1828 Washington Co., PA to Mary H. BAKER. Mary born July 30, 1808 Pennsylvania, died in Wayne Co., OH.

Peoples v. Stanley - Indiana Supreme Court May Term 1855

May Term, 1855 : Peoples v. Stanley

Bill in chancery under the R.S. 1843. Some of the defendants were notified of the pendency of the suit, as non-residents, by publication, and a decree was taken against them by default. No affidavit of their non-residence was made. A guardian ad litem was appointed for other defendants, who were minors, and a decree was taken against them; but it was not shown that they had any notice of the suit, by service of process or otherwise. Held, that the Court had not acquired jurisdiction of the persons of the defendants mentioned, and that the decree against them was, consequently, erroneous. A Court of equity cannot appropriate choses in action of a debtor to the payment of a demand of a creditor.

Monday, June 11. ERROR to the Marshall Circuit Court.

Davison, J. - Stanley, on the 6th of June, 1850, sued Hugh A.B. Peoples, Thomas Skilman, John Fisher, John Jones, Alvin Kite, and Orange Fisher, in chancery, in the Marshall Circuit Court.

The bill states these facts :

Peoples and Skilman, as sureties for Jones and Kite, became indebted to Stanley 600 dollars. Jones, Kite and Skilman were insolvent. Peoples, with intent to defraud Stanley, and evade the payment of said debt, which was then in judgment, placed a certain amount of money in the hands of John Fisher, and directed him to lay it out in canal land, and take the title in his, Fisher's, name. In pursuance of this arrangement, Fisher went to the land office at Logansport, and purchased a quarter-section of land in Marshall county. After this, Peoples, with his family, moved upon said land, improved it, and resided thereon until the month of March, 1850, when he and Fisher left the state, with the avowed intention of going to California. When Fisher bought the land, he obtained a certificate of purchase, which, before he started to California, he assigned to Patsey Peoples, the wife of the said Hugh Peoples, and she, the said Patsey, remained in the occupancy of the land, and also in the possession of personal property belonging to her husband, worth 500 dollars. It appeared that, within a few days after their departure for California, Patsey Peoples died, leaving William, George, Daniel, Mary and Samuel Peoples, her heirs at law, they being minors and the children of the said Hugh and Patsey. These children, by amendment of the bill, were subsequently made defendants. After the death of Patsey, the property left with her was sold by the said Orange Fisher, who, in making the sale thereof, acted without authority, and took notes for the purchase-money, payable to himself at six months. The bill alleges that Hugh A.B. Peoples and John Fisher are non-residents, and prays the appropriation of the notes in the hands of Orange Fisher, and also the above land, to the payment of Stanley's claim, and for general relief, &c.

The record shows that Peoples and John Fisher were notified by publication, and defaulted; though an affidavit of their non-residency does not appear to have been made. It is alleged that the minor defendants answered by guardian ad litem; but it is not shown that they had any notice of the suit, or that any steps, by process or otherwise, were taken to notify them of the proceeding. The other defendants, (except Orange Fisher, who answered,) were served with process, and defaulted.

The Court, upon final hearing, directed the notes taken for the sale of the personal property by Orange Fisher, (which had been brought into Court,) to be collected, and the proceeds to be applied to the payment of Stanley's claim, which was adjudged to be 596 dollars; and for the payment of the balance, if any, after the application of such proceeds, the land was ordered to be sold.

This decree, in our opinion, can not be sustained -

1. Because the notice by publication against Peoples and Fisher does not appear to have been preceded by an affidavit of non-residency. Without such affidavit, we think the notice was insufficient, and, consequently, they were not properly before the Court. A provision of the R.S. 1843, in force at the time of these proceedings, points out the mode in which a non-resident party may be notified of the pendency of a suit, and expressly requires that such notice shall be upon affidavit. R.S. 1843, p. 883.

2. It is not shown that the minor defendants were served with process, or notified of the suit in any mode known to the law. This Court has repeatedly decided that process should be served on infant defendants, in chancery, in the same manner as if they were adults. Hough v. Canby, 8 Blackf. 301 - Robbins v. Robbins, 2 Ind. R. 74.

3. A Court of chancery has no power to appropriate choses in action in payment of a creditor's demand against his debtor, whether such demand be in judgment or otherwise. This point is decided in Shaw v. Aveline, 5 Ind. R 389; and also in Stewart v. English, ante, p. 176.

Per curiam. - The decree is reversed with costs. Cause remanded, &c.

J.B. Niles and W.G. Pomeroy, for the plaintiffs.

Source : Porter, Albert G., official reporter, Reports of cases argued and determined in the Supreme Court of Judicature of the State of Indiana, being an official continuation of Blackford's Reports, with tables of the cases and principal matters., vol. VI - containing the cases from the fifteen day of the November term, 1854, to the end of the May term, 1855, inclusive, and the case of Beebe v. the State, decided at the November term, 1855.; Indianapolis, Indiana, Merrill & Company, Publishers, 1856

Note : This information was located using Google's Book search. Hugh A.B. Peoples was Eileen's 3-great maternal grandfather. Her line is through Hugh's son, George.

Jacob Lemasters family : 1900 & 1920 Valley Co., NE

The Jacob LEMASTERS family appears in the 1900 & 1920 census of Valley Co., NE in the city of Ord. I have not yet located the record in the 1910 census. Jacob was my 2nd-great granduncle, the son of Luman Walker and Nancy (YOUNG) LEMASTERS.

In the 1900 census of Noble Twp., Valley Co., Jacob is listed as a farmer, born April 1845 in Ohio, who owns his home with a mortgage. His wife, Sarah, was born November 1844 in Ohio, and was the mother of 11 children, 9 of whom were still living in 1900. Currently, I only have record of ten children, so there is one missing. Most of the family had married and moved on, leaving on daughter Melinda C., a 23-year old Teacher, and sons John W. and Jonas T., who were still at school. Both Melinda and John W. were born in Indiana, Jonas T. was born in Nebraska in September 1886.

In the 1920 census, Jacob was living in the 3rd ward of the city of Ord as a retired Farmer. His age was given as 74, his wife Sarah was listed as aged 75. Their granddaughter, Norma Swanson, aged 13 born Nebraska, was also listed as living with them. Norma was the daughter of Andrew and Elizabeth C. (LEMASTERS) SWANSON. The date of this census was January 16, 1920 and Sarah Lemasters died later that year on June 18, 1920.

Jacob LEMASTERS b. April 16, 1845 Port Jefferson, Shelby Co., OH., d. December 15, 1922 Ord, Valley Co., NE, m. December 26, 1867 in Jay Co., IN to Sarah Ann HALFHILL, daughter of John and Nancy (________) HALFHILL. Sarah was born November 16, 1844 in Gallia Co., OH and died June 18, 1920 in Ord, Valley Co., NE.