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

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