John Stevens LeMasters family - Howard Co., NE

The John Stevens LeMASTERS family was enumerated in the 1900, 1910 and 1920 census of St. Paul, Howard Co., NE. John was my maternal 2nd-great granduncle, the son of Luman Walker and Nancy (YOUNG) LEMASTERS.

John' s occupation was that of a day laborer and contractor in concrete work. He also owned his own home, which was mortgaged. John's place of birth was always listed as being in Indiana. but wife Sarah was listed as being born in Illinois in the 1920 census. John's parents were both listed as being born in Ohio in the 1900 census; in the 1910 census his father was listed as being born in Virginia and his mother in Ohio; in the 1920 census his father was listed as being born in Ohio and his mother in Virginia. As always, depending on who the census taker asked the questions will determine the answer.

In the 1910 census, three of John's daughters were listed as being public school teachers : Alice C., Nancy J. and Edna I. By the 1920 census, only one daughter, Alice, aged 36, was still living with John and Sarah teaching school. In 1920, son Howard Jay was still at home but working as a laborer at a railroad roundhouse, and youngest son Edward was still in school.

I still have much more information to gather on what happened to these families after the 1920 census. Two sons, Albert and John were probably on their own by the 1920 census, and daughters Nancy & Edna may have either moved away or been married by then.

John Stevens LeMASTERS b. April 22, 1855 Jay Co., IN., d. after 1920 census, m. November 28, 1881 Jay Co., IN to Sarah I. WILSON. Sarah b. September 1859 Indiana, d. after 1920 census.

Known children of John S. & Sarah I. (WILSON) LeMASTERS :
i. Alice C. LeMASTERS b. August 1883 Nebraska
ii. Nancy J. LeMASTERS b. January 1885 Nebraska
iii. Edna I. LeMASTERS b. September 1889 Nebraska
iv. Albert C. LeMASTERS b. October 1891 Nebraska
v. John W. LeMASTERS b. September 1893 Nebraska
vi. Howard Jay LeMASTERS b. February 1897 Nebraska
vii. Edward W. LeMASTERS b. ca. 1901 Nebraska

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.