Okay, got another dilemma that needs some creative input here in Bartholomew County. Nicholas Jones Sr. was a Revolutionary War veteran who later settled near a little RR town here called Nortonburg. Before he died, he conveyed the land to his children and one piece in particular went to his son, Nicholas Jones Jr. The deed (recorded in 1849) does not contain an exception, it conveys to him the ground, basically the NE of the SW of the section. But after the Recorder's declaration, it has the following paragraph, beautifully written in my opinion: "The within deed and conveyance is made to Nicholas Jones junior with the distinct and express understanding that I have reserved a certain lot or piece of ground for the use of the public as a burying ground, 150 ft. deep & 50 ft. wide lying and being immediately on the North line of said conveyed piece of land and known by the name of Jones's grave yard or burying ground, and the same is to be for the use of the public as a burying place and is to be used for no other purpose so long as time may last and all and any who may wish to bury on the same with full ingress and egress to the same for the purpose of a grave yard and it is in nowise to be considered as conveyed to the said Nicholas Jones Jr. or his heirs. Notwithstanding is not reserved in the within Deed but to remain as a public burying ground as long as time lasts." Here is the problem, the son later sold the ground without an exception, and so it was perpetuated. We had a wonderful historian who worked on our cemeteries and this is what she wrote of it in December of 1972: "This cemetery was recorded by (herself), who on her first trip, found only 5 broken stones. When they realized the name was JONES and they were searching for the burial place of Revolutionary War veteran Nicholas Jones, they went back a second time with an iron probe and found and dug up 3 of the stones, but were unable to get the 4th one up and it was laying writing side down. (some local neighbors), went out and finished digging up the stones and a third trip was made to finish the recording. (a relative of a former owner), who lived with his grandparents near this cemetery when a boy, states positively that Nicholas Jones was buried here, he further states that some of (his) family was buried in this cemetery. The last burial he recalls was an infant child of (a neighbor). The stones are now standing up, without a fence around them. Unless a fence is put up or they are buried again, the cattle will probably destroy them." You can barely recognize the small weed patch in the field as a graveyard today. It is near the road, but only visible in the winter, as a "combines-width" exists between it and the road. The township trustee was told by the former historian that the cemetery was suppose to belong to the township, as it was originally intended. When the landowner was approached about it, she refused, stating it was not excepted from her deed and she paid taxes on it. I checked, she has always paid taxes on it. I spoke with her about it yesterday (I DO NOT like controversy nor confrontations so I merely kept the conversation about what SHE knew about the cemetery, not what I knew) and she still maintains it belongs to her. She said that when approached several years ago by the trustee, she was told that they would like to "cut a hole in her fence" and fence on three sides of the graveyard, allowing access directly from the road. She talked to her lawyer, who said they had farmed it lon! g enough that she did not have to do any of it, so she merely removed the cows and all the fence from it and started farming it. I said that I estimated there to be about 15 to 20 graves in this cemetery, and she acknowledged that she knew there were at least that many. Yet they farm around a patch that could not be more than 10 ft. by 10 ft., so she is acknowledging the fact that she is farming over graves. I did not mention to her the new law that says that is illegal, I'll let the Commissioners do that. I plan on gathering my information and having a complete list of questions that need answers from a qualified BOARD to the commissioners in January (I hope) and this is my #1 question for them. I don't want to make enemies doing this, and this lady has actually given me valuable information regarding another lost cemetery on the other side of the county where she grew up. I don't want to pick on her (she works for the county as well), and there are others in bad shape. Am I wrong in thinking that this land needs to be surveyed extensively to locate the actual boundaries of the graveyard, it needs to be fenced in, a flag pole erected in it, and access given from the road to it? Who pays for the survey? Who conducts the search for the actual graves? Does she get a refund for all the taxes she has paid on it since 1962? Cris West Columbus, IN

Irrespective of the lack of the "exception" in the later deeds, the original deed would be deemed to stand in a court of law. Just because an "exception" or other specific citation, such as an easement, may fall from later deeds, cannot act to extinquish the intent of the original document that set the terms of the property's transfer. I believe this is general, common law. Sue Silver California ----- Original Message ----- From: "Christine West" <cherokee@shelbynet.net> To: <INPCRP-L@rootsweb.com> Sent: Thursday, November 08, 2001 8:05 PM Subject: [INPCRP] ...so long as time may last > Okay, got another dilemma that needs some creative input here in Bartholomew County. > > Nicholas Jones Sr. was a Revolutionary War veteran who later settled near a little RR town here called Nortonburg. Before he died, he conveyed the land to his children and one piece in particular went to his son, Nicholas Jones Jr. The deed (recorded in 1849) does not contain an exception, it conveys to him the ground, basically the NE of the SW of the section. But after the Recorder's declaration, it has the following paragraph, beautifully written in my opinion: > > > "The within deed and conveyance is made to Nicholas Jones junior with the distinct and express understanding that I have reserved a certain lot or piece of ground for the use of the public as a burying ground, 150 ft. deep & 50 ft. wide lying and being immediately on the North line of said conveyed piece of land and known by the name of Jones's grave yard or burying ground, and the same is to be for the use of the public as a burying place and is to be used for no other purpose so long as time may last and all and any who may wish to bury on the same with full ingress and egress to the same for the purpose of a grave yard and it is in nowise to be considered as conveyed to the said Nicholas Jones Jr. or his heirs. Notwithstanding is not reserved in the within Deed but to remain as a public burying ground as long as time lasts." > > > Here is the problem, the son later sold the ground without an exception, and so it was perpetuated. We had a wonderful historian who worked on our cemeteries and this is what she wrote of it in December of 1972: > > > "This cemetery was recorded by (herself), who on her first trip, found only 5 broken stones. When they realized the name was JONES and they were searching for the burial place of Revolutionary War veteran Nicholas Jones, they went back a second time with an iron probe and found and dug up 3 of the stones, but were unable to get the 4th one up and it was laying writing side down. (some local neighbors), went out and finished digging up the stones and a third trip was made to finish the recording. (a relative of a former owner), who lived with his grandparents near this cemetery when a boy, states positively that Nicholas Jones was buried here, he further states that some of (his) family was buried in this cemetery. The last burial he recalls was an infant child of (a neighbor). The stones are now standing up, without a fence around them. Unless a fence is put up or they are buried again, the cattle will probably destroy them." > > > You can barely recognize the small weed patch in the field as a graveyard today. It is near the road, but only visible in the winter, as a "combines-width" exists between it and the road. The township trustee was told by the former historian that the cemetery was suppose to belong to the township, as it was originally intended. When the landowner was approached about it, she refused, stating it was not excepted from her deed and she paid taxes on it. I checked, she has always paid taxes on it. I spoke with her about it yesterday (I DO NOT like controversy nor confrontations so I merely kept the conversation about what SHE knew about the cemetery, not what I knew) and she still maintains it belongs to her. She said that when approached several years ago by the trustee, she was told that they would like to "cut a hole in her fence" and fence on three sides of the graveyard, allowing access directly from the road. She talked to her lawyer, who said they had farmed it lon! > g enough that she did not have to do any of it, so she merely removed the cows and all the fence from it and started farming it. I said that I estimated there to be about 15 to 20 graves in this cemetery, and she acknowledged that she knew there were at least that many. Yet they farm around a patch that could not be more than 10 ft. by 10 ft., so she is acknowledging the fact that she is farming over graves. I did not mention to her the new law that says that is illegal, I'll let the Commissioners do that. > > I plan on gathering my information and having a complete list of questions that need answers from a qualified BOARD to the commissioners in January (I hope) and this is my #1 question for them. I don't want to make enemies doing this, and this lady has actually given me valuable information regarding another lost cemetery on the other side of the county where she grew up. I don't want to pick on her (she works for the county as well), and there are others in bad shape. > > Am I wrong in thinking that this land needs to be surveyed extensively to locate the actual boundaries of the graveyard, it needs to be fenced in, a flag pole erected in it, and access given from the road to it? Who pays for the survey? Who conducts the search for the actual graves? Does she get a refund for all the taxes she has paid on it since 1962? > > > Cris West > Columbus, IN > > > ==== INPCRP Mailing List ==== > To UNSUBSCRIBE, send message consisting only of > "UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > >