V TBAVER v. TBI30m; 27
as aforesaid; that he was a qualified settler under said donation act; and that
the settlement and cultivation of the premises required by the act were com-
menced by him on September 22, 1848, and continued to that date; where-
upon, as it is averred in the pleas,,the surveyor general set apart the east half
of said tract to Lownsdale, and the west half, including block 254. to hiswife _
Nancy; and that on September 29, 1853, Lownsdale made his 'dual proof to
the satisfaction of the surveyor general of four years’ residence on and culti-
vation of the land described in his notification, and of his compliance with
the donation act, so as to entitle him and his wife Nancy to a. patent there-,
for. . r » `
On April 15, 1854, Nancy died, leaving her husband and four children,`
namely, Millard O. and Ruth A. Lownsdale, and William T. and Isabella E. I
Gillihan, aforesaid; and on January 17, 1860, Lownsdale purchased the inter~
est of said Isabella E. in the donationof her mother, and on February 14,.
1860, conveyed an undivided two-fifths of the same to Hannah M. Smith.
On October 17, 1860, a patent certificate was duly issued for the donation,
wherein the east half thereof was designated as the part inuring to Lowns·
, dale, and the west half as the part inuring to his wife Nancy. `
On May 4, 1862, Lownsdale died, leaving James P. 0. and Mary, his chil~
dren by a former wife and the plaintiff, Emma. S. Traver, and Ida M. Squires,
the children of Sarah Squires, a deceased daughter by said former wife, and
Millard 0. and Ruth A., his children by Nancy; and on June 6, 1865, a patent
was issued by the United States for the donation to the heirs of Lownsdale
and his wife-the east half to the heirs of the former, and the west half to .
those of the latter. `
On April 28, 1864, William T. Gillihan brought a suit in the state circuit
court for the partition of the west half of the donation, in which the other
children of- Nancy, and the heirs of Lownsdale, together with many other per-
. sons claiming divers blocks and lots therein as the vendees of Lownsdale, were
made defendants, including W. W. Chapman, the defendant Tribou, and the
immediate grantor of the defendant Amasa Brooks, from whom his co·de- `
fendants, John E. and Julia A. Brooks, have long since+Novemher 22,
1877-derived whatever interest they have or claim in the premises; that on
May 22,1865, said court decided that Lownsdale, as the survivor of Nancy
and the grantee of her child, Isabella E., was the owner, in his life·time, of an
undivided two·fiftl1s of the west half of said donation, and that said William A
T., Millard O., and Ruth A., as the children of Nancy,,were then each the
owners of an undivided one-iifth of said half; that on August 12, 1865,
said court set apart and allotted to said three children, in severalty, certain
portions thereof, and the remainder to the heirs, vendees, or claimants under
Lownsdale according to their respective interests, without determining what ·
they were; and because said partition wasunequal, it was further adjudged ,
that the children of Nancy should be paid the sum of $39,156.02, to be appor-
tioned among the several parcels of land set apart to the heirs, vendees, or
claimants under Lownsdale, as aforesaid—the same to be a lien thereon; that
$355.90 of said sum was so apportioned upon said lots 5 and 6; and thatthere- ,
after the defendants Tribou and Amasa Brooks paid said owelty. ~