Am I the only one not receiving any mail? I had a virus and thought maybe that messed something up. Just checking. Walt & Micki

You might contact Ripley County Historian Helen Einhaus, who lives in Osgood. She is actively working on the cemetery project. As for the National Register, unless there is something architecturally spectacular about the cemetery, (such as having been designed by an architect), there's not much chance. There are hundreds of Rev War soldiers buried in Indiana, so that alone will not make it eligible. You can get more info about the National Register from the Indiana department of Natural Resources. You can also get survey forms for cemeteries from them, and you could fill one out yourself to submit to them. Good luck. Chris McHenry ----- Original Message ----- From: <INPCRP-D-request@rootsweb.com> To: <INPCRP-D@rootsweb.com> Sent: Sunday, November 18, 2001 2:03 AM Subject: INPCRP-D Digest V01 #403

Isaac Levi (b. 1749 Hungary, d. 21 Sep 1850 Ripley Co., IN) was a Revolutionary War soldier in the Virginia militia. His small family cemetery ("1 rod by 1 rod) is landlocked and neglected. We are working to correct that. However, the neighbors are not cooperating because they are concerned that allowing stones to be replaced (the vandals keep destroying Isaac's markers) will eventually force the issue of an easement. Any suggestions on how to handle this? Also, I know the Indiana State Chapter of the Sons of the American Revolution have identified Isaac's burial place, but how can I make sure this cemetery is recorded in as many registers as possible? How do I go about getting this cemetery on the DNR's list? Also, has anyone had any experience with having a cemetery nominated as a state historic site? What are the advantages and drawbacks to doing so? In other words - HELP! Thanks for your assistance and for making this list available. Robin (Clevenger) Kills a Hundred Indianapolis, Indiana E-Mail: eiko-1958@msn.com Researching: Clevenger, Kennedy, Levi, Mukai, Tada

Angela Tielking: Sorry to everyone else for this. Angela, can you contact me privately, I have a question for you and cannot find your email address. Thanks Jeannie

I've just published a new Endangered Cemetery Report on Carter - Ball Chapel Cemetery, located in Posey Township, Rush County http://www.savinggraves.com/usa/in/carter.htm William Spurlock Saving Graves http://www.savinggraves.com

In a message dated 11/13/01 9:43:16 PM US Eastern Standard Time, tielking@knightstown.net writes: > . I > cannot find any other county in the state of Indiana which has a full-time > cemetery supervisor that agrees with the first answer you gave me, Mr. > Brundage. Until I get proof to the contrary, I consider the matter closed. > Sincerely, > Angela Tielking > Angela, I agree with you 100%, there is no other county in Indiana with a cemetery setup like Fayette County has. If there were I'm sure they would have made the fact clear. Why would anyone want to keep it quiet? John Walters is the true and only Full Time Cemetery Superintendent in the State of Indiana. Because John is the only one, that is why we all attend the seminars to learn what John has developed thru Trial and Error over a 3 or more year period of time. I do not wish to diminish the work John does, but Maybe soon we can have others that have the ability to Teach Repairs that John alone has Developed. So far he's done his job well. John, The time you have donated and the techniques you have taught are more appreciated then you can ever imagine. John is a true pioneer in Cemetery restoration. And Angela, Your determination is an Inspiration to us all. Congratulations!! I believe we are developing a fine group of Restoreationists around the state. We may not be the best, but we all should get an E for our effort. November 17th I start my Winters Locating and repairing Work. I hope others have Similar plans. Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

I have pondered most of the day whether or not to respond to this message on the list. But I feel I should. I believe Mr. Brundage has forgotten the content of our chat last Friday. When I asked him if Madison Co. had a full-time cemetery supervisor who located and maintained the pioneer cemeteries he answered no. When I asked if their were any others in the state besides Fayette Co., your answer to me was YES. I then asked you which county/counties had a full-time cemetery supervisor. You replied you didn't know, and that Fayette Co. was the only one who made a big deal about it. I cannot find any other county in the state of Indiana which has a full-time cemetery supervisor that agrees with the first answer you gave me, Mr. Brundage. Until I get proof to the contrary, I consider the matter closed. Sincerely, Angela Tielking ----- Original Message ----- From: <PapawB@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Monday, November 12, 2001 11:33 AM Subject: [INPCRP] Re: INPCRP-D Digest V01 #396 > Response to A. Telking regarding Madison County > Ms. Telking's comments regarding me should be answered in the media where > noted. Her telephone call was for information as to whether Madison County > had a paid full time cemetery caretaker. The answer was no and then she asked > if I knew of any county other than Fayette which had one. The answer was no, > I did not know but supposed there might be one or more. My answer was not > that there was any but I did not know. John Brundage, Chairman, Madison > County Cemetery Commission > > > ==== INPCRP Mailing List ==== > Quote from William Gladstone (1809-1897), three-time Prime Minister of England > and Victorian contemporary of Benjamin Disraeli: > "Show me the manner in which a nation or community > cares for its dead and I will measure with mathematical > exactness the tender mercies of its people, their > respect for the laws of the land, and their loyalty > to high ideals."

In a message dated 11/12/01 10:05:15 PM US Eastern Standard Time, djd434@rnetinc.net writes: > . It might slow me down, but > it won't stop me. > > Debra, You will have to find the deed that the Original Exception refers to. Until you find a specific reference to a "graveyard" then you don't really have much. An Exception like you describe, to me indicates this is an Exception, or removal of property from a previous deed, rather than a "Graveyard" . Such as Having a 1/4 Section (160 Acres) owned originally and selling off a small portion. This could be the Exception that is referred to.. YOU MUST FIND EXACTLY WHAT THE EXCEPTION APPLIES TO. Go back and Dig, Dig, Dig. Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

To the list: The Morgan County Cemetery Committee will be cleaning Mt. Olive Cemetery in northern Morgan County Saturday, Nov 17, beginning at 8am. The Morgan County Community Corrections inmates will be there early doing the hard work of clearing out trees and shrubs. We will be shepherding that effort, pointing out what goes and what stays. Then, as the excess foliage is cleared out, Helen Wildermuth, a recent John Walters trainee, will be working on stone repairs. If you've missed the cemetery repair workshops, this is your chance to help with this process. There are lots of stones to repair, so I'm sure she'll be putting all of us to work. If you have some time to spare, come join us! Mt. Olive Cemetery is at 8381 E. Hadley Road, near the intersection of Hadley Road and Mann Road, in Madison Township. Take SR144 west from SR37, then turn right (north) on Mann Road. Follow it north to Hadley Road and turn left (west). The cemetery is behind a brick house which was at one time a church, about 1/4 mile from Mann Road on the left (south) side of the road. Dale Drake Morgan Co History & Genealogy Assn Cemetery Committee

Jack, This deed, dated 1849, does not specify the purpose of the exception, which leads me to believe that I'm missing an earlier deed. I think that question will be answered once I have the missing deed. The only transfer FROM the original owner was too his heirs, but I think the original owner acquired some additional property (next door to his land grant purchase) between 1830 and 1839. That additional property is actually where the excepted area is located, and both properties are part of the current deed. Of course, I didn't figure that out until after I got back home from my research trip on Friday. This cemetery is located in Daviess county, and it only takes me about 2 hours to get there. Finding enough time to make that round trip plus the research time is the hard part for me. It might slow me down, but it won't stop me. Debra Dougherty ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Monday, November 12, 2001 8:32 PM Subject: Re: [INPCRP] What's my next step? > Debra, > You say there is an Exception on the deed. Does the deed specify this > Exception as a graveyard, or is it a total amount of Acreage with the > Exception of a certain amount that had previously been SOLD to someone else > and there fore Excepted from the original deed. The Exception must say > "Graveyard" and the size. > Jack E. Briles, Sr. > Floyd County PCRP Coordinator > PO Box 444 > New Albany, In. 47151-0444 > (812) 282-6585 > > > > > ==== INPCRP Mailing List ==== > THIS IS A CEMETERY ----- > "Lives are commemorated - deaths are recorded - families > are reunited - memories are made tangible - and love is > undisguised. This is a cemetery. > "Communities accord respect, families bestow reverence, > historians seek information and our heritage is thereby enriched. > "Testimonies of devotion, pride and remembrance are carved > in stone to pay warm tribute to accomplishments and to the life - > not the death - of a loved one. The cemetery is homeland for family > memorials that are a sustaining source of comfort to the living. > "A cemetery is a history of people - a perpetual record of > yesterday and sanctuary of peace and quiet today. A cemetery > exists because every life is worth loving and remembering - always." > --Author unknown -- Seen at a monument dealer in West Union, IA > > >

I would think any costs incurred to satisfy your desires to have the exempted area plotted,etc. should be paid for by the Title Insurance Company who insured the tranaction. Don Beckwith

In a message dated 11/12/01 10:23:10 AM US Eastern Standard Time, djd434@rnetinc.net writes: > The first deed I have which > mentions the exception is dated 1849. This exception, described in specific > size and location, is included on all future deeds up to and including the > deed of the previous owners issued January 1992. (The previous owners were > heirs of the owner responsible for the removal of structures on the site, > including a fence surrounding a cemetery and most of the stones in the > cemetery.) The previous owners sold the property to the current owners in > May 1998, and the description of the excepted area does not appear on the > current deed. The description of the current property is based on a survey > dated February 1998. The acreage, which had remained constant previously, > suddenly increased by 4.595 acres on the current deed. Shouldn't that have > been a really big red flag? And why did the surveyor ignore an excepted > area described so specifically on the previous (and all previous) deed(s)? > > Debra, You say there is an Exception on the deed. Does the deed specify this Exception as a graveyard, or is it a total amount of Acreage with the Exception of a certain amount that had previously been SOLD to someone else and there fore Excepted from the original deed. The Exception must say "Graveyard" and the size. Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

Response to A. Telking regarding Madison County Ms. Telking's comments regarding me should be answered in the media where noted. Her telephone call was for information as to whether Madison County had a paid full time cemetery caretaker. The answer was no and then she asked if I knew of any county other than Fayette which had one. The answer was no, I did not know but supposed there might be one or more. My answer was not that there was any but I did not know. John Brundage, Chairman, Madison County Cemetery Commission

I'd like to first thank all who responded to my query, both directly and indirectly. I do appreciate all conversation on the topic. When I wrote my previous message, I believed I had copies of every deed issued on this property from the original land grant up to the current owner. Upon closer inspection, I now think I may be missing one deed issued sometime between 1830 and 1839, not just any ol' deed, but perhaps the deed describing the reason for the excepted area. The first deed I have which mentions the exception is dated 1849. This exception, described in specific size and location, is included on all future deeds up to and including the deed of the previous owners issued January 1992. (The previous owners were heirs of the owner responsible for the removal of structures on the site, including a fence surrounding a cemetery and most of the stones in the cemetery.) The previous owners sold the property to the current owners in May 1998, and the description of the excepted area does not appear on the current deed. The description of the current property is based on a survey dated February 1998. The acreage, which had remained constant previously, suddenly increased by 4.595 acres on the current deed. Shouldn't that have been a really big red flag? And why did the surveyor ignore an excepted area described so specifically on the previous (and all previous) deed(s)? I found no evidence that the previous owners purchased or claimed (sole use of) any additional property. Could they have claimed sole use with the cemetery obviously represented by the tombstone still remaining and the pile of tombstones still lying in the ditch at the edge of the property? I have sketched the section (to the best of my ability) according to the original land grant purchases, including landmarks (river, railroad, and Wabash & Erie canal). It appears to me that the cemetery is located on the excepted area, but I won't know that for sure without having the excepted area laid out by a surveyor. The exception is for 10 (ten) acres and described as if the original land owner (who died in 1839) were still living, i.e., "to this point, and then around Alexander's 10 acres." Ten acres is a large area, but I also know what was going on there during 1849. I believe that 10 acres included not only the cemetery, but also a "community", a sort-of shanty town of canal laborers living on the property during the construction of the Wabash and Erie canal being built during that time. In addition to the 44 known burials in this cemetery, there is also believed to be perhaps as many as 100 canal workers buried in mass, trench graves. These canal workers died from the cholera epidemic which came through the region in 1848. Here-say to me, supposedly from an eyewitness to the bulldozing event, "Bones were scattered everywhere." Most likely, those were the bones of the canal workers. This cemetery has been farmed over since the middle 1960's, right up to and around the one remaining tombstone. My wants are just as specific as the description of the excepted area. I want the farming operations over the cemetery grounds to stop. I want the excepted area staked off to determine if the cemetery was part of the exception. I want the tombstones removed from the ditch, and the cemetery rebuilt. (I had previously considered relocating the stones to another site, but that solution no longer interests me. I want the cemetery back.) What I need is a plan of action. Who do I need to talk to in order to accomplish my goals? Any and all advice is greatly appreciated. Debra Dougherty 2220 Legendary Drive Martinsville, IN 46151 (765) 349-6309 DJD434@RNETINC.NET

In a message dated 11/11/01 11:43:57 AM US Eastern Standard Time, andimac@oz.net writes: > If the newest deed is incorrect, then the title company that did the title > search can be held accountable. They are paid to do an accurate title > search which should bring up all discrepancies in the deed. Perhaps someone > should contact them and find out if they have it in their records. Many > title companies like to know when their records are incorrect for that > reason (being held accountable through title insurance). Title companies > use different information than Auditor's use. They pay a lot for this > different information. > > Andi, Tell this to the People that moved the Smith Cemetery in New Albany, Floyd Co. Ind, they claimed they didn't know the cemetery was even on the property when the investment co. spent $1,000,000 for all of the property for a Meijer Department Store. I think Lois put the story on the News list. I said at the time the Investment Co. should have got their money back. I don't know though, the spokesman for the Investor wasn't to bright, He told the Newspaper they moved the Remains of ABOUT 5 people I went to the Recorders office, and in 45 minutes found 2 deeds only going back as far as 1980, with both using the cemetery as a starting, and ending point. I find cemetery deeds all of the time not recorded on the present deeds. One dropped off in 1843. Everyone wants the cemeteries to go away. Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

If the newest deed is incorrect, then the title company that did the title search can be held accountable. They are paid to do an accurate title search which should bring up all discrepancies in the deed. Perhaps someone should contact them and find out if they have it in their records. Many title companies like to know when their records are incorrect for that reason (being held accountable through title insurance). Title companies use different information than Auditor's use. They pay a lot for this different information. The title company generally has a stamp or contact information somewhere on the newest deed that is submitted. Check with the Auditor's office to find out who it was if it is not clearly stated. Andi ----- Original Message ----- From: "Debra Dougherty" <djd434@rnetinc.net> To: <INPCRP-L@rootsweb.com> Sent: Saturday, November 10, 2001 12:27 PM Subject: [INPCRP] What's my next step? > I've pulled and copied all the deeds on a property which surrounds a pioneer cemetery. The deeds do describe an exception in terms that a surveyor would understand, but I didn't find any document describing that the exception was specifically for a cemetery. The current owners bought this property in May 1998, and on their deed this exception mysteriously disappeared. Also on the current deed only, the acreage just as mysteriously "grew". Most of this cemetery was bulldozed in the 1960's. Only one stone remains standing, but it is very obvious there was a cemetery there. > > If the former owners didn't own this "excepted" acreage, how were they able to sell it? I think the current owners have been duped into believing that they also own the cemetery area. It appears they are paying taxes on ground that I don't think they own. > > So, what's my next step? Do I go back to the trustee with this information? Can the trustee request that the described excepted area be surveyed? I'd like to know for sure that the cemetery is part of this exception. Or is there someone else I need to talk to? > > Thank you for your help, > Debra Dougherty > 2220 Legendary Drive > Martinsville, IN 46151 > (765) 349-6309 > DJD434@RNETINC.NET > > > > ==== INPCRP Mailing List ==== > Please do not send queries through this list. > >

Sue, An excellent search method unless (1) your ancestor bought land early on credit, or (2) used a military land warrant. Those records will not appear in the database. The GLO does make that statement, but people may not notice. Sharon Mills At 04:39 AM 11/11/01 -0800, you wrote: >If you know the section, township and range of the property, you can look up >the federal patent online. Just do a search on Bureau of Land Management. >Go to the site and do a "Search for Land Patents." > >You will all those who patented land in that particular section, but it >gives you a starting point. > >Here in gold rush country, we even try to trace the property back through >those who claimed "possessory right" to ownership under the pre-emption of >claim act. We've found at least two deeds executed prior to the federal >land patent that excepted a burial plot. > >It's fairly tedious when you get someone who owned lots of property, but >when you find the exception, that's your reward. > >Sue Silver >CA >----- Original Message ----- >From: <Jb502000@aol.com> >To: <INPCRP-L@rootsweb.com> >Sent: Saturday, November 10, 2001 2:56 PM >Subject: Re: [INPCRP] What's my next step? > > >> In a message dated 11/10/01 3:27:36 PM US Eastern Standard Time, >> djd434@rnetinc.net writes: >> >> >> > I've pulled and copied all the deeds on a property which surrounds a >pioneer >> > cemetery. The deeds do describe an exception in terms that a surveyor >> > would understand, but I didn't find any document describing that the >> > exception was specifically for a cemetery. The current owners bought >this >> > property in May 1998, and on their deed this exception mysteriously >> > disappeared. Also on the current deed only, the acreage just as >> > mysteriously "grew". Most of this cemetery was bulldozed in the 1960's. >> > Only one stone remains standing, but it is very obvious there was a >> > cemetery there. >> > >> > >> >> How far back did you go. If there is an Exception It will say "Except >for >> (Size) to be used as a Graveyard." It is very highly unlikely it will say >> cemetery. It can also say for "A Family Burial Site" or A Family >Graveyard. >> Very seldom on an Exception here in Floyd County does it give a Surveyors >> description that pin points the site. It just Excepts the Area of the >> Graveyard. It will give either the Size, such as 75 X 75, or it may be >> something like a Quarter Acre. >> It will give the Surveyors size such as Rods, Chains, or Poles >if >> there is a separate deed instead of an Exception. Sometimes I find it >Quicker >> to Start at the Original Owner listed in the Government Land Sales and >work >> forward until I find a Deed, or an Exception. You can Locate the first >owner >> by finding out who bought that particular Quarter Section, 160 Acres, >which >> is the way Early Sales were made. Poorer land later was sold in 80 Acre >> Parcels, and later if not sold it was sold by the Government in 40 Acre >> parcels. Early Land sales in Floyd Co. are in a Book in the recorders >Office. >> Some early Sales are in a Land Book from Vincennes, Later Jeffersonville. >It >> is not uncommon to find them dropped off the deed a 150 years ago. Because >as >> Jon. or Sue, or someone said earlier, an Exception cannot legally be >> dissolved. >> It was a part of a Deed and is as Legal a Term as you will find >in >> the Present or past deeds The present owners have not been Duped, that >> happened a long time ago. Times were different then than they are now. The >> cemetery was there so no big deal about putting it on a deed. Also some >> wanted to make sure they got all the money they could. You can check with >the >> Trustee, but if they are paying Taxes on the Cemetery, they can have it >> removed from their Taxes if you can Find the right deed. Good Luck, I >can't >> help any more than this. Someone Else Give it a try. >> >> Jack E. Briles, Sr. >> Floyd County PCRP Coordinator >> PO Box 444 >> New Albany, In. 47151-0444 >> (812) 282-6585 >> >> >> >> >> ==== INPCRP Mailing List ==== >> "Show me your cemeteries, and I will tell you what kind of people you >have." >> Benjamin Franklin (1706 - 1790) >> >> > > >==== INPCRP Mailing List ==== >If you know of some good cemetery related links, send them to LoisMauk@usa.net. > > >

Hello, You can search Bureau of Land Management General Land Office Records on-line at this website: http://www.glorecords.blm.gov/logon/logon.asp or: http://www.glorecords.blm.gov/search/search.asp There are several ways to search, by name, by location, etc. The original thirteen colonies and a few other states are not listed, but most are. Ernie At 06:39 AM 11/11/01, you wrote: >If you know the section, township and range of the property, you can look up >the federal patent online. Just do a search on Bureau of Land Management. >Go to the site and do a "Search for Land Patents." > >You will all those who patented land in that particular section, but it >gives you a starting point. > >Here in gold rush country, we even try to trace the property back through >those who claimed "possessory right" to ownership under the pre-emption of >claim act. We've found at least two deeds executed prior to the federal >land patent that excepted a burial plot. > >It's fairly tedious when you get someone who owned lots of property, but >when you find the exception, that's your reward. > >Sue Silver >CA >----- Original Message ----- >From: <Jb502000@aol.com> >To: <INPCRP-L@rootsweb.com> >Sent: Saturday, November 10, 2001 2:56 PM >Subject: Re: [INPCRP] What's my next step? > > > > In a message dated 11/10/01 3:27:36 PM US Eastern Standard Time, > > djd434@rnetinc.net writes: > > > > > > > I've pulled and copied all the deeds on a property which surrounds a >pioneer > > > cemetery. The deeds do describe an exception in terms that a surveyor > > > would understand, but I didn't find any document describing that the > > > exception was specifically for a cemetery. The current owners bought >this > > > property in May 1998, and on their deed this exception mysteriously > > > disappeared. Also on the current deed only, the acreage just as > > > mysteriously "grew". Most of this cemetery was bulldozed in the 1960's. > > > Only one stone remains standing, but it is very obvious there was a > > > cemetery there. > > > > > > > > > > How far back did you go. If there is an Exception It will say "Except >for > > (Size) to be used as a Graveyard." It is very highly unlikely it will say > > cemetery. It can also say for "A Family Burial Site" or A Family >Graveyard. > > Very seldom on an Exception here in Floyd County does it give a Surveyors > > description that pin points the site. It just Excepts the Area of the > > Graveyard. It will give either the Size, such as 75 X 75, or it may be > > something like a Quarter Acre. > > It will give the Surveyors size such as Rods, Chains, or Poles >if > > there is a separate deed instead of an Exception. Sometimes I find it >Quicker > > to Start at the Original Owner listed in the Government Land Sales and >work > > forward until I find a Deed, or an Exception. You can Locate the first >owner > > by finding out who bought that particular Quarter Section, 160 Acres, >which > > is the way Early Sales were made. Poorer land later was sold in 80 Acre > > Parcels, and later if not sold it was sold by the Government in 40 Acre > > parcels. Early Land sales in Floyd Co. are in a Book in the recorders >Office. > > Some early Sales are in a Land Book from Vincennes, Later Jeffersonville. >It > > is not uncommon to find them dropped off the deed a 150 years ago. Because >as > > Jon. or Sue, or someone said earlier, an Exception cannot legally be > > dissolved. > > It was a part of a Deed and is as Legal a Term as you will find >in > > the Present or past deeds The present owners have not been Duped, that > > happened a long time ago. Times were different then than they are now. The > > cemetery was there so no big deal about putting it on a deed. Also some > > wanted to make sure they got all the money they could. You can check with >the > > Trustee, but if they are paying Taxes on the Cemetery, they can have it > > removed from their Taxes if you can Find the right deed. Good Luck, I >can't > > help any more than this. Someone Else Give it a try. > > > > Jack E. Briles, Sr. > > Floyd County PCRP Coordinator > > PO Box 444 > > New Albany, In. 47151-0444 > > (812) 282-6585 > > > > > > > > > > ==== INPCRP Mailing List ==== > > "Show me your cemeteries, and I will tell you what kind of people you >have." > > Benjamin Franklin (1706 - 1790) > > > > > > >==== INPCRP Mailing List ==== >If you know of some good cemetery related links, send them to >LoisMauk@usa.net.

If you know the section, township and range of the property, you can look up the federal patent online. Just do a search on Bureau of Land Management. Go to the site and do a "Search for Land Patents." You will all those who patented land in that particular section, but it gives you a starting point. Here in gold rush country, we even try to trace the property back through those who claimed "possessory right" to ownership under the pre-emption of claim act. We've found at least two deeds executed prior to the federal land patent that excepted a burial plot. It's fairly tedious when you get someone who owned lots of property, but when you find the exception, that's your reward. Sue Silver CA ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Saturday, November 10, 2001 2:56 PM Subject: Re: [INPCRP] What's my next step? > In a message dated 11/10/01 3:27:36 PM US Eastern Standard Time, > djd434@rnetinc.net writes: > > > > I've pulled and copied all the deeds on a property which surrounds a pioneer > > cemetery. The deeds do describe an exception in terms that a surveyor > > would understand, but I didn't find any document describing that the > > exception was specifically for a cemetery. The current owners bought this > > property in May 1998, and on their deed this exception mysteriously > > disappeared. Also on the current deed only, the acreage just as > > mysteriously "grew". Most of this cemetery was bulldozed in the 1960's. > > Only one stone remains standing, but it is very obvious there was a > > cemetery there. > > > > > > How far back did you go. If there is an Exception It will say "Except for > (Size) to be used as a Graveyard." It is very highly unlikely it will say > cemetery. It can also say for "A Family Burial Site" or A Family Graveyard. > Very seldom on an Exception here in Floyd County does it give a Surveyors > description that pin points the site. It just Excepts the Area of the > Graveyard. It will give either the Size, such as 75 X 75, or it may be > something like a Quarter Acre. > It will give the Surveyors size such as Rods, Chains, or Poles if > there is a separate deed instead of an Exception. Sometimes I find it Quicker > to Start at the Original Owner listed in the Government Land Sales and work > forward until I find a Deed, or an Exception. You can Locate the first owner > by finding out who bought that particular Quarter Section, 160 Acres, which > is the way Early Sales were made. Poorer land later was sold in 80 Acre > Parcels, and later if not sold it was sold by the Government in 40 Acre > parcels. Early Land sales in Floyd Co. are in a Book in the recorders Office. > Some early Sales are in a Land Book from Vincennes, Later Jeffersonville. It > is not uncommon to find them dropped off the deed a 150 years ago. Because as > Jon. or Sue, or someone said earlier, an Exception cannot legally be > dissolved. > It was a part of a Deed and is as Legal a Term as you will find in > the Present or past deeds The present owners have not been Duped, that > happened a long time ago. Times were different then than they are now. The > cemetery was there so no big deal about putting it on a deed. Also some > wanted to make sure they got all the money they could. You can check with the > Trustee, but if they are paying Taxes on the Cemetery, they can have it > removed from their Taxes if you can Find the right deed. Good Luck, I can't > help any more than this. Someone Else Give it a try. > > Jack E. Briles, Sr. > Floyd County PCRP Coordinator > PO Box 444 > New Albany, In. 47151-0444 > (812) 282-6585 > > > > > ==== INPCRP Mailing List ==== > "Show me your cemeteries, and I will tell you what kind of people you have." > Benjamin Franklin (1706 - 1790) > >

In a message dated 11/10/01 8:43:10 PM US Eastern Standard Time, ueb@iei.net writes: > Also, in later years of the nineteenth century, a cemetery on any property > was considered a hindrance to its sale, if the property had good water, > fertile ground and maple trees it sold fairly quick, if there was a > cemetery on the property, the stones confidently disappeared form the land > and/or deed. > I have personally found this to be true in a lot of land transactions. > > UEB > Henry County, IN > www.hcgs.net > > Ulysses, That is what I was referring to earlier. The land owner wanted all of the money they > could get, so they dropped the graveyard off the deed. Also in Floyd County > in the early Platt book under the letter "B", for Burying Ground, I found > quite a Few listed. Then in Floyd County's Deed Index Book from 1816 to > 1868 I found Some churches that had cemeteries and deeds. Some of the > churches ceased to exist by 1875. These are found in the Index Book under > the letter "C" for churches > > Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585