Notes:

Wanda L. Gines has marriage license for John W. Gines and Ida M. Burget.


Born Sumner, Illinois, Lawrence County.
Moved to Tunnel Hill, English, Crawford County, Indiana.
Moved to Davies County approximately 1914.

PRESS NOTES

John W. Gines passes away on New Year's Day.
Funeral Services to be held Sunday Morning at 11 o'clock.

John W. Gines, 73, living on Washington route one, died at his ome at 5:30 o'clock Wednesday morning. He had been ill since November 1939 and in a serious condition since last September 1.

A native of Sumner, Illinois, Mr. Gines was born June 25, 1867. He was the son of Henry and Hannah E. (Herrin) Gines, and was educated in the Sumner schools. Mr. Gines followed the occupation of farming. He came to this county 26 years ago last March.

He is survived by his wife, Ida M. Gines, whom he married November 24, 1887, and the following children: Rolla H. and Oral N. Gines, both of Washington; Herald M. Gines, of Washington rural route; Ray I. Gines and Mrs. Dorothy B. Riggs, both of Bloomington; and Mrs. Isis M. Hoss, Washington rural route.

Another daughter, Nora E. Gines, is deceased.

Mr. Gines was a member of the Free Methodist Church and one of its most enthusiastic supporters. He was a highly esteemed citizen.

Friends may call at the family residence.

Funeral services will be held Sunday morning at 11 o'clock at the Free Methodist Church with the Rev. Mr. Fletcher and the Rev. Leroy McDowell in charge, and burial at Sumner, Illinois.


WILL OBSERVE GOLDEN WEDDING ANNIVERSARY

Mr. and Mrs. J. W. Gines, who live north of the Longfellow school at the north edge of Washington, will have open house Thursday from 2 to 4 o'clock, at which time they will welcome friends in observance of their Golden Wedding Anniversary.

John W. Gines was born on June 25, 1867, and Ida M. Burget was born February 13, 1867, both near Sumner, Illinois. They grew up within two miles of each other, attended day school together at old Center, and also Sunday school at old Wesley Chapel.

They were married at the age of 20 years and have spent 50 years of happily married life together. Seven children blessed their union, four being residents of this city and two of Bloomington, whle the seventh died at Sumner, Illinois at the age of nine years.

Mr. and Mrs. Gines have been in business in Sumner, for five years, and then came to Daviess county 23 years ago, being at Hyatt Station for 13 years before buying the home where they now reside.

For over 30 years the couple have been Bible Christians, keeping up the family altar in the home, and tithing their income and attending and supporting the Free Methodist Church of Washington and other worthy institutions.

The aged couple have revealed their motto as "Ready to Live or Ready to Die". They are reported ready and willing to go day or night to pray for or help in any way the sick or dying.

Names of children and grandchildren of Mr. and Mrs. Gines are as follows:

Oral N. Gines, and two children, Donald Ray and Carolyn Sue.

Rolla H. Gines, and three children, Nelline, Edwin and Forrest.

Ray Gines, of Bloomington, and three children, Junior, Joyce and John Thomas.

Herald Gines and children, Ronald and David.

Mrs. John Riggs, of Bloomington, and children, Archer and Joan.

Isis Hoss, of Hyatt Station and children, Ruth, Dorothy, Helen, Geneva, Virginia, Eleanor, Darlene, John and Paul.

Nora Gines, a daughter, died at the age of nine years.

Wanda L. Gines has in her files the handwritten list of guests attending their golden wedding celebration.

PRESS NOTES

J. W. Gines dies following long illness.

Funeral Sunday Morning for Well Known Local Farmer.

John W. Gines, 73, well known farmer of Washington twp., died at 5:30 o'clock Wed. morning at the family home, about half a mile north of the Longfellow school on the Edwardsport Road.

Death of the well known man was attributed to a complication of ailments, and came after a lingering illness which began in November a year ago. He had been serviously ill since last September.

Native of Sumner, Ill., the deceased was born June 25, 1867. He was a son of Henry and Hannah E. (Herrin) Gines and spent his early life in the Sumner community. He came to Daviess county 26 years ago last March and had resided here since that time.

Married on November 24, 1887, Mr. Gines is survived by the wife, Ida M. (Burget) Gines. Six of seven children born to the union also survive. They are Rolla H. Gines of Washington, Ray I. Gines of Bloomington, Oral N. Gines of Washington, Isis M. Hoss of Washington, R. R. Dorothy B. Riggs of Bloomington, and Herald M. Gines of Washington R. R. A daughter, Nora E. Gines, is deceased. There also are 25 grand children and 3 great-grandchildren surviving.

Mr. Gines was a devoted member of the Free Methodist Church of this city, and had been quite active in past years in developing young men for the ministry. Several of these will participate in the final rites for Mr. Gines.

Funeral services have been arranged for 11 o'clock Sunday morning, and will be held at the Free Methodist church. Rev. Fletcher and Rev. McDowell will have charge, with burial following in Sumner, Illinois.

The body of Mr. Gines has been returned to the family home, after burial preparation at the Gill Funeral Chapel. Friends may call at the home to pay respects.


OBITUARY OF J. W. GINES

We are taught in the work of God that man was created a little lower than the angels. Whatever this may mean to us, we are sure that the Marvelous Cabinet consisting of reason, Will, and Conscience, are God-given powers and by these man is distinguished from the beasts sof the field with capacity for higher rational life and Spiritual insight.

To this truth John Wesley Gines was awakened years ago by the birth of a moral personality.

In Bible terms we wold say he was "born again" or truly converted to Jesus, and later saw the consistency of the teaching of God's word relation to the doctrine of heart holiness, and our ransom powers being fully dedicated to God.

This was the experience that gave this good man a never dying zeal and fervor for the salvation of men and the prosperity of the cause of Christ.

It was the indwelling of the Holy Spirit that pressed the matter of a place of worship upon the heart of Bro. Gines while living near Taswell Crawford County Indiana.

There was no finance and not many people interested but despite the prevailing indifference and unfavorable surroundings - his faith touoched the God of Miracles and the church was erected. Grand revivals followed and many who were converted to Christunder the labors of John Gines have long since gone to their heavenly reward.

It was almost 26 years ago since Bro. Gines located in Daviess County North of Washington. Again the revival fire was kindled in his heart and plans were set in operation for an ingathering of Souls.

As a result of this inspiration more than one hundred and fifty people were converted to Christ in the old theater building on West VanTrees St. and a Free Methodist Church organized with forty-four Charter members.

Later followed the erection of the building, we worship in today. Bro. Gines has served the Church through all the reverses and problems that are common to those who carry responsibility in religious activities. Many times has he been elected as delegate to the Annual Conference of his Church. Also served as Local Preacher, Class Leader and Chairman of various committees. Yet with an humble attitude and congenial Spirit he won the hearts and love of many people in and outside of Church circles.

We would not forget while we mention the many virtues of this good man that a consecrated devoted mother in Israel shared her life in all the efforts which were crowned with success. Ida M. Burget to whom he was married November 24, 1887. Never failed to play the part of a faithful wife and an affectionate mother. For 53 years they have journeyed together and reared a family of six children. One having died at an early age.

Living are Rolla H. Gines, Washington, Indiana; Ray I. Gines, Bloomington, Indiana; Oral N. Gines, Washington, Indiana; Isis M. Hoss, Washington, Indiana; Dorothy B.Riggs, Bloomington, Indiana; and Herald M.Gines, Washington, Indiana beside 23 grand children and 3 great grand children.

Well done thou good and faithful servant, are the words of our dear Lord. Your toils have won for you a crown, up here is your reward.

What glorious things you shall behold. Eye hath not seen nor hath ear heard. But mansions fair so we are told, are for the saints so says the Lord.



Wanda L. Gines has funeral book with the following information:

In Memory of
John Wesley Gines
Born Sumner, Illinois, June 25, 1867

Entered into rest
Washington, Indiana, January 1, 1941
73 yrs. 6 mo. 6 days

Interment
Sumner, Illinois, January 5, 1941; 2:30 p.m.

Father's Father Henry Geines
Father's Mother Easter (Ester) Geines
Father Henry S. Geines
Mother Hannah E. Herrin Gines
Deceased John Wesley Gines
Wedded to Ida Mary Burget

Other Members of Family: Rolla Harrison Gines
Raymond Irl Gines
Nora Ethel Gines (deceased)
Oral Norval Gines
Isis Matilda Gines Hoss
Dorothy Burget Gines Riggs
Herald Marshall Gines

Services: Washington, Indiana
Free Methodist Church
January 5, 1941; 11:00 a.m.

Officiating: Rev. Leroy McDowell
Rev. Noah Fletcher

Other Speakers: James Bright Ralph Bright
Cleo Denbo Elmer Riggs
Clayton Cassidy Rex Fortner

Music: Jesus Lover of My Soul
He Hideth My Soul
Asleep in Jesus
Will the Circle Be Unbroken

Selections Rendered by: Ina Horton Rena Green
Dorothy Horton Hazel Horton
Noah Fletcher Guy Horton
William Horton Elmer Riggs

Bearers: A. M Perkins Walter Hand
Ray Tharpe Rodney Delphia
Alvin McCracken Clifford Chattin



Note on back of sales slip carried in his billfold.
Just one year ago today the dearest flower on earth to me was taken away to be with God who gave her to me for awhile and in our ups and downs and our trials we shared such (maybe it's each) other love we had our heart aches and so on but through God there is some day we may join hands again around God's white throng.

Wanda L. Gines has what remains of the Local Preacher's License for J. W. Gines for Wabash Conference. The bottom was eaten away so we do not know the date or the superintendent.


There was a page in the family bible entitled: "Family temperance Pledge"
Believing it to be better for all we, the undersigned solemnly promise, by the help fo God, to abstain from the use of all intoxicating drinks as a beverage.
The following signatures appear below this: J. W. Gines, Rolla H. Gines, Raymond I. Gines, and Oral N. Gines.


A document was found dated Mt. Carmel, Ill., Nove. 3rd, 1904. In consideration of Two Hundred received of J. W. Geines, I hereby sell and transfer to J. W. Geines a 1/32 interest in the lease of 80 acres more or less on the farms of H. L. Herrod, M. E. Eggleston G'd'n and J. M. Baker in Allen County Ohio, and I agree to drill one test well into the Trenton Rock sand without further cost to said parties. These leases provide for one sixth (1/6) of the oil to go to the land owner and a money consideration for the gas if used off the premises.
H. J. Rodgers (difficult to read/may not be correct)

WARRANTY DEED, City of Sumner, Ill. to John W. Gines, Sumner, Ill.
This Indenture Witnesseth, that the grantors H. A. Murphy Mayor and wife Christy, city clerk of the City of Sumner in the county of Lawrence and State of Illinois for and in consideration of the sum of Five dollars, in hand paid. conveys and warrants to John W. Gines of the City of Sumner County of Lawrence and State of Illinois the following described Real Estate, to-wit: Lot #124 in Second addition to City Cemetery situated in the City of Sumner in the County of Lawrence in the State of Illinois hereby releasing and waiving all rights under and by virture of the Homesteach Exemption Laws of this State. Dated, this 8th day of October, A. D.: 189
signed by: H. A. Murphy, Mayor
Wife Christy City Clerk

JOHN married BURGET IDA MAE (MARY) on 24 Nov 1887 in M. at res by W. H. Wagy; witnessed by Emma Wagy, minister's wife, & Isis Kilgore. IDA (daughter of BURGET DANIEL D. and WAGNER MATILDA ALMEDA (ALEMEDA)) was born on 13 Feb 1867 in Sumner, Lawrence County, Illinois; died on 20 Dec 1946 in Indpls., IN. Nursing Home; dod may be 12/16/46; was buried in City Cemetery, Sumner, Illinois. [Group Sheet]

1. GINES ROLLA HARRISON was born on 19 Jan 1889 in Dob may be January 18, 1889; 19th is from family Bible; died on 12 Mar 1979 in Washington, Indiana.; was buried in Bethany Christian Church Cemetery near Washington, Indiana.
2. GINES NORA (NORAH) ETHEL was born on 30 Jul 1890; died on 6 Oct 1898 in Buried City Cem., Sumner, Illinois.
3. GINES RAYMOND IRAL (IRA) (IRL) was born on 3 Mar 1892 in Dob may be March 13, 1892.; died on 19 May 1969 in Bloomington,Vigo Co., IN.; Dod may be 3/19/69.; was buried in City Cemetery, Sumner, Illinois.
4. GINES ORAL NORVAL was born on 2 Sep 1894 in Sumner or Billet Station, Illinois; or Bridgeport, Il.; died on 10 Jul 1962 in Vincennes, IN., Good Samaratan Hosp.; was buried in Oak Grove Cemetery, Washington, Daviess County, Indiana.
5. GINES ISIS MATILDA was born on 22 Jun 1898 in Lawrence County, Illinois; died on 28 Dec 1958 in DOD ?? 12/27/59; buried Plainville Cemetery, Plainville, Indiana..
6. GINES DOROTHY BURGET was born on 19 Feb 1906 in Vincennes, Indiana; died on 18 Jun 1982 in Highland Park, Los Angeles, CA; Bd. Forest Lawn, Hollywood Hills, CA..
7. GINES HERALD MARSHALL was born on 10 Dec 1911 in Taswell, Crawford County, Indiana.; died on 21 Feb 1993 in Good Samaritan Hosp.,Vincennes,Indiana.; was buried in Sugarland Memorial Gardens, Washington, Daviess County, Indiana..

Notes:

Wanda L. Gines has the original "Certificate of Birth and Baptism" which reads as follows. To these two parents: As Henry Geines and his Wife Easter a daughter of Moellinger was born a boy on the 11 day of March in the year of our Lord 1843.
This Child was born in Lukin Township in Lawrence County, in the State of Illinois in North America; was baptized by the Rev. A _______ (unreadable) and received the name of Henry S. Geines.

Wanda L. Gines has the original discharge papers as discussed below.

DISCHARGE

Henry S. Gines, a private of Captain Cyrus D. Kindall's Company, (Kl;) 11th Regiment of Missouri Infantry Volunteers who enrolled on the 26th of July 1861 to serve 3 years. Discharged August 5, 1864 at Memphis, Tennessee
by reason of being mustered out of service on the expiration of this turn.
Born in Lawrence County, Illinois.
Eighteen years of age. 5'8", fair complexion, grey eyes, light hair.
Farmer when enrolled.

US OF AMERICA DEPT. OF THE INTERIOR BUREAU OF OF PENSONS

HANNAH E. GINES
Wanda L. Gines has pension document.

Widow of Henry S. Gines who was a Private Co. R ll Reg Missiouri Vol.
Infantry is entitled to a pension under the provisions of the Act of June 27, 1890
amounting to $8 per month.
Commencing 17th July 1890 through 16th birthday, she also receives $2 per month for any children - George A. Gines until
September 11, 1896.

Given at the Dept. of the Interior this 8th day of March 1895.


BRIAN CEMETARY DIRECTIONS:

South (to right when coming from West on Hwy 50) on 250 at Sumner, Illinois.
Turn right on Main Street (Christy Avenue). Go South Through and out of town on 250E past 800N, past 700N, turn right on 600 N.

Homesite to left across field before 600N is where old 2 story home stood, Mother Burgett.

Go on 600N past 120E, 150E,100E. Cemetary is on the right.

BACKTRACKING: Turn North on 100E. On left were trailer sits was Henry S. Gines home. John Wesley played along trees along creek to west. Turn right on 700N. Left on 250E to Sumner. 700N is twp. line.

John Wesley had a store in Sumner, Illinois. He had a soup kitchen in Sumner when B & O RR was being straightened and made enough to pay for farm in Crawford County at Tunnel Hill (English, Indiana, County Seat). He had a grocery store in Vincennes.

BACK IN SUMNER: Turn right on old Hwy. 50. Cemetary on right. Turn in 2nd entrance. Grave site on the left near chapel. This is the Sumner City Cemetery.

Henry Geines fought three years in the Civil War. He always returned thanks in German according to his son, John Wesley Gines.

On the second crossroad south of Sumner was the John Wesley Gines home 4/10 mile down the road. (right or left?)


Found a page from an old letter from W. F. Cunningham to Henry: (copied as it was written)

Well, Henry I will give you some of the prices of things here. Hogs fat $2.25 % hundred gross. Fat Cattle 1 1/4 to 2 cts. gross. Flour $2.75 to $3 per hundred. Corn meal 35%, bushel corn 20 cts. Potatoes 50 cts. New potoes shiped from Texas in $1.00. Coffee 4 to 5 lbs to $1. Calice 5 cts. % yd and other things in proportion. Wheat looks well has rust in the blades but not on the stalks yet. Well we are having a mill built in our town now comenced a few days ago. intend to have it runing against the first of August. There will be plenty of apples here in a year or two There was lots of them shiped here all winter sold for $1.00 and $1.25 % bushel Dried peaches 7 cts % lb. Eggs 7 cts % doz. butter 8 cts has been 15 and 20 cts all winter Will I have wrote you all of importance So I will close for this time.
W. F. Cunningham

Found a copy of Henry S. Gines Civil War Pension on the internet at Ancestry.Com. Printed out copy is in Gines File.
Company A 11 Missouri Infantry; Private (induction and discharge); allegiance - Union; pension - Hannah Gines

U.S. Civil War Soldiers, 1861-1865

Name: Henry Gines Side: Union Regiment State/Origin: Missouri Regiment Name: 11 Missouri Infantry Regiment Name Expanded: 11th Regiment, Missouri Infantry Company: H,K Rank In: Private Rank In Expanded: Private Rank Out: Private Rank Out Expanded: Private Alternate Name: Henry S./Gines Film Number: M390 roll 17

Source Information: National Park Service. U.S. Civil War Soldiers, 1861-1865 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Original data: National Park Service, Civil War Soldiers and Sailors System, online , acquired 2007.

HENRY married HERRIN HANNAH ELIZABETH on 27 Sep 1866 in Lawrence County, Illinois. HANNAH (daughter of HERRIN ELIJAH and THOMPSON SARAH ELIZABETH) was born on 13 Aug 1835 in Putnam, Indiana; dob per Larry Herrin is 12 Jun 1836; died on 27 Apr 1916 in Steele Twp., Hyatt Station, Now Capehart; dod per Larry Herrin is 27 March 1916; was buried in Brian Cemetery near Sumner, Illinois. [Group Sheet]

Notes:

Wanda L. Gines has the Bureau of Pensions Form for Hannah giving her $8 per month commencing on July 17th, 1890.

DEATH RECORDS: DAVIESS COUNTY, IN.1882-1920 - FT. WAYNE PUBLIC LIBRARY BOOK H-21, P.33

Per Jeanine Sholz:
Death Records: DAVIESS COUNTY, IN.1882-1920 - FT. WAYNE PUBLIC LIBRARY BOOK H-21, P.33

Elizabeth apparently took at least one child from her first marriage with her into the second marriage. Samuel Landis is found living with Elizabeth and Henry Silas Gines in the 1880 census records. They are living by his parents in Luken Co, Lawrence Co, IL.

Jeanine Sholz and Larry Herrin both have her date of death as March 27, 1916. My records from Ft. Wayne, IN Public Library were copied as April 27, 1916.

Notes:

Birth:
Notes from Wanda Gines gives 11 AUG 1813 as the birth date. Philip Geins' Bible and a rubbing of Henry's tomb stone gives 17 SEPT 1813 as birth date.

HENRICH married MOELLINGER (MELLINGER) EASTER (ESTHER) on 16 Nov 1839 in Wayne County, Ohio. EASTER (daughter of MELLINGER BENEDICT and BINKLEY BARBARA) was born on 30 Jan 1814 in DOB is approximate; 36 yrs old on 1850 Census; Born in Columbiana County, Ohio.; died on 12 Feb 1890 in Aged 76 Yrs. 13 days.; was buried in Brian Cemetery near Sumner, Illinois. [Group Sheet]

Notes:

Allyson Tilton states they lived in Lawrence County, Illinois from at least 1840 - 1883. She states both of Esther's parents were born in Pennsylvania. We have her father being born in Baden, Germany.

Notes:

Added children whose names didn't match so there may be more children listed than they had. Some may be duplicates have been called by their nicknames.

Per Larry Herrin:

!LINEAGE: George Ann Waxler Family Data Sheet for Elijah Thompson (mailed by
Pat Miller, Florence, Al). Family Data sheet from Patricia Miller 2344 Roberts
Ln. Florence, Al. 35650. Elijah was on the membership list in November 1821 at
Mt. Pleasant Baptist Church. The other adult males attending there were Isaac
Herrin, William Herrin and Shadrack Herrin. From 1810-1840 Census information,
he was not the son of William. He is too young to be the child of Shadrack,
since Shadrack would have been approximately 50 years old in 1813.
Also, if you look at the names of his children, you'll see Isaac, Rebecca,
Hannah, Lydia, John and all the familiar names of Shadrack Herrin and William
Herrin family.

..........................................................................
Per 1820 Pulaski Co., KY Census Isaac Herrin had only one son and he was
0-10 years old (1810-1820). Elijah was born in 1813. Isaac Herrin was
the Delegate from Mt. Pleasant Baptist Church to the Association quite
often.

If you examine the names of the children of Elijah ands compare them, you
have:

1. Isaac (paternal grandfather)
2. Rebecca (maternal aunt, maternal gr-grandmother, paternal
gr-grandmother)
3. Lucinda (maternal aunt Cynthia)
4. Hannah Elizabeth:
Hannah (paternal grandmother, paternal aunt)
Elizabeth (mother, maternal grandmother)
5. Mary A. (maternal aunt)
6. John (maternal uncle)
7. Margaret ( ? )
8. Alexander ( ?, but a common Herrin name)
9. Squire M. (maternal uncle)
10. Sarah E. (mother)
11. James L. (maternal uncle)
12. Lydia (paternal aunt)
13. Emma J. ( ? )

(Larry Herrin 7-16-90)
..........................................................................

!BIRTH: 1813
KY Mormon Family Index (1984) submitted by Geo. Ann Waxler of Olney, IL.

!CHURCH:
Member of Mt. Pleasant Baptist Church in Nov. of 1821.
2nd Saturday of Sep. 1830. Letter of dismissal to E. Herrin (The only E.
Herrin in the church was Elijah).

!MARRIAGE: spouse Sarah Thompson
Mormon Family Index (1984).

!DEATH: 1878 IL
Mormon Family Index (1984).

!BURIED: Brian Cemetery, Lawrence County, Il.

ELIJAH married THOMPSON SARAH ELIZABETH about 1830 in Kentucky. SARAH (daughter of THOMPSON WILLIAM and CUMMINS ELIZABETH) was born on 29 Dec 1812 in Rockcastle, Kentucky; died on 12 Apr 1890 in Lawrence County, Illinois; was buried in Apr 1890 in Lawrence County, Illinois. [Group Sheet]

Notes:

Per Larry Herrin:

!LINEAGE: Mt. Pleasant Baptist Church Membership Book from 1821.
Two male Thompson's went to church with her at Mt. Pleasant; Squire
Thompson and Charleton Thompson.

!CHURCH: Mt. Pleasant Baptist Church Membership Book from 1821.
Listed as a member of Mt. Pleasant Baptist Church in November 1821.

!MARRIAGE: 1984 Mormon Family Index lists Sarah Thompson the wife of Elijah
Herrin.

!BURIED: Brian Cemetery, Lawrence County, Illinois.

Notes:

Per Allyson Tilton, they resided in Lawrence County, Illinois in 1840 and 1850.

Per Jeanine Scholz:
Henry Geines stated in the 1880 census records that he and both of his parents were born in PA. Henry and Catherine Gines are listed on 1850 Lawrence Co, Il census records, not far from Henry. It seems likely these are his parents as they were both born in PA and were of the right age and living close to him.

1850 Lawrence Co, IL census records:

Philip Geines, 65, farmer, 1,500 acres, born in PA
Catharine, 55, born in PA
They are living next door to Washington Grove and his wife Sarah, she was born in PA in 1827.

1860 census records, Philip and Catharine cannot be found.

1870 Lawrence Co, IL census records:

Philip Geines, 86 years old, born in PA. Philip is found living with Washington Grove, his wife Sarah and son Philip. There is a marriage record for Sarah Grimes to Washington Grove in Lawrence Co, IL in 1849. It seems likely that this Sarah Grimes is the daughter of Philip Gines and the sister of Henry Geins (he was listed as Henry Greiner on his marriage record.)

Thomas Selby vs. Philip Geines, 1850

Lawrence County IL Archives Court.....Geines, Thomas Selby V Philip 1850
************************************************
Copyright. All rights reserved.
http://www.usgwarch.org/copyright.htm
http://www.usgwarch.org/il/ilfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 18, 2008, 2:05 am

Source: Reports Of Cases
Written: 1850

Thomas Selby, plaintiff in error, v. Philip Geines, defendant in error.

Error to Lawrence.

Relief will not be granted upon a bill where the answer denies the allegations of the bill, if the proof is loose and unsatisfactory.(a)

The bill of complaint filed in this cause by Geines, shows that he was indebted to Selby in December, 1842, in the sum of $200, on a note drawing twelve per cent interest, which Selby wished to have secured by a mortgage on a farm, which was agreed to be given upon the conditions, that if Selby should attempt to enforce payment by foreclosure, that the land should be sold in a body, after it had been appraised by three disinterested individuals, and provided it brought two-thirds of its appraised value. That it was agreed by Selby that these conditions should be inserted in the mortgage, and that instructions were given to the person who drew the mortgage, to insert them, but that they were omitted, that Geines not being able to read the English language, misunderstood its terms. That both parties supposed the valuation laws were then in force, but their constitutionality being doubted, it was believed that the insertion of the terms of the law in the mortgage would be binding. That Selby attempted to foreclose his mortgage in 1846, when Geines obtained an order from the court, directing that Selby should comply with the above conditions; that thereupon Selby dismissed his bill, and obtained a judgment upon the note by a suit at law, and is seeking to evade the terms of the mortgage, by selling the land upon execution without appraisement, which proceeding this bill prays may be enjoined. A master in chancery allowed the injunction.

Selby's answer admits the indebtedness of Geines, the recovery of the judgment, the attempt to sell upon execution, but denies the other charge in the bill, and insists that the mortgage contains all that the parties agreed upon, and truly sets forth the contract, and concluded with a prayer for a dissolution of the injunction.

The testimony on the part of Geines shows that there was some dispute between himself and Selby, as to what the mortgage should contain. Geines insisted upon the insertion of the conditions, and Selby refused to admit them, but that the party who drew the mortgage is not certain whether it contained precisely the conditions insisted upon by Geines, but that he insisted that they should be there, and that he executed the mortgage with that understanding.

The testimony on the part of Selby shows that the money was loaned, upon the condition that its payment should be secured by mortgage, without such conditions as Geines pretends; Geines observing at the time, that real estate
in Illinois was the same as personal property in Ohio, that it could be sold for anything that was bid for it; that Selby should have a mortgage on lands and chattels worth $1,200, and that it would at any time sell for enough to pay the debts of Geines.

At the September term, 1850, of the Lawrence Circuit Court, the injunction was perpetuated by Harlan, Judge, and a decree entered, directing the sale, en masse, of the lands mortgaged, after the same shall have been appraised, etc., etc. To reverse this decree Selby sued out this writ of error, and assigns for error the perpetuation of the injunction, and the decree directing that the lands shall be appraised, etc., etc.

C. Constable and A. Kitchell, for plaintiff in error:

The plaintiff in error had a right to pursue his remedy at law on his note, or by foreclosure of the mortgage, or both at the same time, and defendant had no right to set up the mortgage in restraint of the judgment, or compel him to collect it out of the mortgaged land only: Dunkley v. Van Buren, 3 John. C. R., 330; Jackson v. Hull, 10 John. R., 482; Delahay v. Clement, 3 Scam., 203.

The bill was insufficient, because the complainant had no right to change the terms of the mortgage by parol evidence. There is no pretense of fraud, and there is no such mistake shown as entitles the complainant to change the mortgage by parol evidence: 1 Greenleaf's Ev., secs. 276, 282.

The testimony of one witness is not sufficient to overthrow the answer of defendant: Gresley's Eq. Ev., 4, 5; reenleaf's Ev., sec. 206.

U. F. Linder and J. G. Bowman, for defendant in error.

Treat, C. J. The bill sets up, as the ground for relief, an express agreement of the parties?omitted by mistake to be inserted in the mortgage?to the effect that the mortgaged premises, in case of default in the payment of the note, should not be sold unless they would bring, en masse, two-thirds of the appraised value. The answer denies the allegation, and insists that the real agreement of the parties is correctly set forth in the mortage. The proof is altogether too loose and unsatisfactory to justify a decree reforming the mortgage, by the introduction of the provision alleged to have been omitted. At most, it only shows that the complainant was very anxious that the provision should be incorporated in the mortgage, and contended that such was the agreement of the parties, while the defendant insisted that no such agreement had been made. The mortgage was then drawn in the usual form, and executed by the complainant. It may, perhaps, have been his impression at the time that the mortgage contained the condition in question, or that the legal effect of the instrument would be what he desired, but there is no satisfactory proof of fraud or unfairness in the execution, or that it did not embrace all of the tipulations actually assented to by both of the parties.

The decree of the Circuit Court will be reversed, and the bill dismissed, with costs.

Decree reversed.

-------------------------
(a) Relief will only be granted upon clear and satisfactory proof: Harris v. Reed, 5 Gil., 212; Ruffner v. McConnel, 17 Ill., 212.

Additional Comments:
Reports of Cases Determined in the Supreme Court of the State of Illinois from November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor at Law. Volume XII. Reprinted from the Original Edition, with Annotations by William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 1881.

File at: http://files.usgwarchives.net/il/lawrence/court/geines18gwl.txt

This file has been created by a form at http://www.genrecords.org/ilfiles/

File size: 6.8 Kb


Bible of Philip Geins:

Front sheet (the actual cover of the bible is missing.) Done in Fraktur:

This Bible Belongs to Philip Geins

First page:

Philip Geins was born 12/18/1785
Married
Catharine Gutthatel on 7/29/1810
She was born 5/1/1794

Children:

Elizabeth born 5/23/1811 at noon between 11 and 12 under the sign of the fish. Died 10/13/1813
Henrich born 9/17/1813 in the morning at 6 under the sign of Pisces
Anna born 10/30/1815 in the morning at 6 under the sign of Libra
Philip? (illegible) born 1819 in the morning
Sarah born 12/6/1826 in the morning at 1.

PHILIP married GUTTHATEL CATHERINE on 29 Jul 1810. CATHERINE was born on 01 May 1795 in Pennsylvania; died between 1855 and 1870. [Group Sheet]

Notes:

Name:
From http://genforum.genealogy.com/greiner/messages/449.html


Jeanine,
I can't help you with the Geines, Greiner thing, but my family came from Philip Geines (Guines) of Lawrence County, Ill. I haven't very much, all I know is Sarah Guines married Washington Grove October 25, 1849. She was my gr gr grandmother. Her father was Philip, mother Catherine Gutthatel? and that's all I know. If you could add anything I would appreciate it. I take it from your letter Henry was Sarah's brother. The only source I have is Washington and Sarah's marriage license copy.
My e-mail is SPARKETTE at peoplepc dot com.
Thanks.
Bunny


From the Schmidt Web Pages hosted by Ron Gines:
http://portal.gynzer.com/genealogy/schmidt/getperson.php?personID=I1605&tree=Schmidt

=========================================

The bible of Philip Geines has been found, it was owned by a descendant of Emma Jane Schmidt who married Adolph Weber. Emma was the daughter of Christian Schmidt and Christina Gines, and the bible, plus the bible for Christian Schmidt has been in the family all these years. It was discovered in December, 2003.

Bible of Philip Geins

Front sheet (the actual cover of the bible is missing.) Done in Fraktur:

This Bible Belongs to Philip Geins

First page:

Philip Geins was born 12/18/1785
Married
Catharine Gutthatel on 7/29/1810
She was born 5/1/1794

Children:

Elizabeth born 5/23/1811 at noon between 11 and 12 under the sign of the fish.
Died 10/13/1813
Henrich born 9/17/1813 in the morning at 6 under the sign of Pisces
Anna born 10/30/1815 in the morning at 6 under the sign of Libra
Philip? (illegible) born 1819 in the morning
Sarah born 12/6/1826 in the morning at 1.




Died:
Catherine is found in the 1855 Illinois census living with Philip and the daughter Sarah family. In the 1870 census, we only see Philip living with Sarah and her family. We can strongly assume that Catherine passed away between those two dates.

Notes:

Source: Jeannine Scholz
Came to America when 2 years old, his mother had died and was buried at sea. Landing at Baltimore, his father immediately removed to Lancaster County, PA where he followed the occupation of a weaver. After marriage, Benedict worked at weaving 12 years and removed to Ohio sometime before 1807. He can be found on the Ohio Census Records for 1807 and 1809 in Columbiana County.

************************************************************************** ***************************************
www.the-daily-record.com-10/22/2002


Mellinger land donated for research, education
By MARC KOVAC
Staff Writer
-------------------------------------------------------------------------- ------

WOOSTER


The Mellinger Farm, located located about eight miles northwest of Ohio Agricultural Research and Development Center, has been donated to OARDC and its development rights to the state and a local land trust to ensure the site remains agricultural for generations to come. Ken Chamberlain photo
The Mellingers came to Wayne County to farm close to 200 years ago.

The family had come to the United States from Germany and first settled in Lancaster County, Pa., before Benedict Mellinger loaded a covered wagon and began clearing 300-plus acres not too far from what today is Ohio State University's Ohio Agricultural Research and Development Center.

In total, five generations of Mellingers farmed the site, and numerous tenant farmers planted crops there after Patricia Miller Quinby and her sister, Virginia Miller Reed, inherited the site in the 1940s.

Earlier this month, Quinby, who lives in Upper Arlington in the Columbus area, and the estate of her late sister donated the farm to OARDC and its development rights to the state and a local land trust to ensure the site remains agricultural for generations to come.

"Out of respect for all of (the Mellingers') work, and for Wayne County too, I think it's important that it's not all paved over," Quinby said.

The donation of the land to OSU will ensure the site remains a working farm. The 324 acres, located about eight miles northwest of OARDC, will be used for agricultural research, education and conservation activities by students and faculty.

Steve Slack, OARDC director, said in a release, "We were in need of an outdoor laboratory to bring together the research in integrated systems by our faculty during the last decade. This is a unique opportunity for us, and we are indebted to Mrs. Quinby."

The donation of the easement to the Killbuck Watershed Land Trust and the Ohio Department of Agriculture will prevent future nonagricultural development. The easement donation prevents present and future owners from developing anything on the land other than agricultural uses, except by judicial order.

Howard Wise, executive director of the Ohio Department of Agriculture's Office of Farmland Preservation, said the easement donation is the 10th his office has received and the first in Wayne County.

"We're working on several (more) right now," he said.

The Mellingers purchased the land from the government and went to work making it a farmstead.

"It was all in timber," Quinby said. "They had to clear the land."

The Mellingers were weavers and opted to raise flax and sheep at the farm. They were skilled in designing patterns for linens and coverlet, Quinby said.

Quinby's father's sister married a Mellinger, which is how the Wayne County farm eventually was passed down to the siblings. Since 1946, the farm has been rented to tenants; it was operated a dairy for some time and was used for crops.

Quinby said she and her sister wanted to find someone to continue to farm the land. They contacted OARDC and finalized the details earlier this month.

More than half of the farm is used for crop production. Mixed hardwoods cover another 120 acres, and the remaining area includes buildings, pastures, a stream and road right-of-ways.

According to OSU, the farm "will incorporate integrated systems of forestry, crops and livestock, emphasizing the linkages among production, environmental quality, economic feasibility and social responsibility. Research will be conducted at multiple levels -field, landscape, whole farm with diversified enterprises. These include balancing field crop and livestock management, development of high-value food and 'nutraceutical' products, creating cropping systems with the use of new species and combinations of species, composting and nutrient management studies, precision agriculture and environmental quality, and whole farm/landscape modeling."

Ownership of half of the property (the portion held by the Virginia Miller Reed estate) already has been transferred to the university. The remainder will be transferred during the next six years.

WAYNE COUNTY OHIO
************************************************************************** ***************************************

The farm has been in operation since 1816, when Wayne County pioneer Benedict Mellinger purchased land from the United States government to raise sheep and flax for his family's weaving business.


"History of Wayne County, Ohio, From the Days
of the Pioneers and First Settlers to the
Present Time", published in 1878, by
Robert Douglass, Publisher

BENEDICT MELLINGER, SR.

Benedict Mellinger, Sr., was born
in Germany, over one hundred years ago, and
removed to America when but two years of
age, landing at Baltimore. His mother died
on the ocean, his father immediately re-
moving to Lancaster County, Pa., where he
followed the occupation of a weaver. After
marriage he worked at weaving twelve
years, and removed to Plain township, Wayne
county, Ohio, in 1816, locating where
Christian Mellinger now lives. He had
eleven children--seven daughters and four
sons--the names of the latter being David,
John, Benedict, and Christian. He died
twenty years ago, at the age of eighty.


Last Will and Testament of Benedict Mellinger

I, Benedict Mellinger of the County of Wayne in the State of Ohio do make and publish this my last will and testament in the manner and form following that is to say that it is my will that all my funeral expenses and all my just debts be fully paid. Second, I give, devise and bequeath to my wife Barbara Mellinger in the lieu of her dower the plantation on which we now reside in Plain Township and County of Wayne during her Natural life and all the live stock horses cattle sheep and hogs by me now owned and kept thereon also all the household furniture and other items not particularly named and otherswise disposed of in the will during her natural life. Third, to Each of my married children I bequeath five hundred dollars at my decease. Fourth but if any children which are now single should marry after my decease one year after marriage shall receive five hundred dollars out of my estate. Fifth if any should marry after my wifes decease each shall receive five hundred dollars out of my estate one year after marriage. Sixth the residue of my estate I bequeath unto my unmarried children, and lastly I hereby constitute and appoint my three oldest daughters Franney, Ann and Barbara to be the executors of this my last will and testament voiding and annuling all former wills by me made and ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand this eighteenth day of November one thousand eight hundred and thirty three.

Benedict Mellinger

Signed published and declared by the above named Bennadict Mellinger as and for his last will and testament in presence of us who at his request have signed as witnesses to the same.

George McCulley
Jane Mc Culley
Elizabeth Mc Culley

We the undersigned appraisers of the estate and property of Benedict Mellinger deceased after being duly sworn have made an inventory and appraisement there as follows:

One note on David Mellinger calling for five hunderd dollars. Date May 28th 1831 wtihout interest.
One note on John Mellinger calling for five hundred dollars. Date May the 28th 1831 without interest.
One note on Benedict Mellinger calling for 5 hundred dollars dated May 28th 1831 without interest.
One note on William Spitler calling for 5 hundred dollars dated July 18, 1835 without interest.
One note on HENRY GEINES calling for 5 hundred dollars dated May 9th 1840 without interest.
One due bill on Mathias Rittenhouse calling for $157 dated November 7th 1851 with interest from date.
One due bill on Thomas Pallips calling for $107.54 dated November 11, 1851 with interest from date.
One note on Henry Long calling for $25 dated July 8, 1851 with interest from date.
One note on Joseph rittenhouse calling for $40 dated June 15, 1849 with interest from date.
One note on William Beck since callinge for $95.41 dated November 6, 1851 with interest from date.

The final account of Christian Mellinger Administrator with the will annexed of the estate of Benedict mellinger deceased.

Signed Paid HENRY and ESTER GEINES No 1 $4500.00
Amount paid to SR. Barnuf as per receipt No 2 $28.00
Amt paid for clerk of court of Lawrence Co, IL $6.40
Amount paid probate judge $2.63
Amt returned as .... ..... $500


This is to certify that Benedict Mellinger my father in law gave me on my marriage with his daughter the sum of five hundred dollars. Lawrenceville Illinois docket number 1854.

Signature of HENRY GEINES


Benedict is found on the 1809 census records for Columbiana County, Ohio

Benedict is found on the 1820 census records for Wayne County, Ohio, Plain Twp. This part of Columbiana Co became Wayne Co in 1812.

Benedict is found on the 1830 census records for Wayne County, Ohio, Plain Twp, he is living close to his sons David and John.

Benedict is on the 1840 census records in Wayne County, Plain Twp, living next to his sons David and John.

Benedict is found on the 1850 census records for Wayne Co, Ohio, Plain Twp,
Benedict, 79 years old, born in Germany, 7,000 acres
Barbara, 77, born in PA
Francis, 56, born PA
Anna, 53, born PA
Barbara, 51, born PA
Mary, 49, born PA
Elizabeth, 47, born PA

The family is living next to the sons Christian and David.


The family is living next to the sons Christian and David.

BENEDICT married BINKLEY BARBARA on 3 Sep 1793 in First Reformed Church, Lancaster County, Pennsylvania. BARBARA (daughter of BINKLEY Christian and SHULMAKER Elizabeth) was born on 30 Nov 1770 in Dob may be April 12, 1773; Lancaster County, Pennsylvania or Germany; died on 27 Apr 1863 in Wayne County, Ohio. [Group Sheet]

Notes:

Source: Jeannine Scholz

Barbara can be found on the 1860 census records for Wayne Co, Plain Twp, Ohio. She is livng with her children: Fanny, Anna, Barbara, Mary, and Elizabeth. The family is living between the families of David Mellinger and Christian Mellinger.

Barbara can be found on the 1860 census records for Wayne Co, Plain Twp, Ohio. She is livng with her children: Fanny, Anna, Barbara, Mary, and Elizabeth. The family is living between the families of David Mellinger and Christian Mellinger.

Notes:

Per Larry Herrin:
!BIRTH: (1976) Pulaski Co., KY Cemetery Records Vol. 1, page 322.

!MARRIAGE: Pulaski Co., KY Marriage Book I 1797-1850, page 19.

!TAX LIST: First appeared on the 1811 Pulaski Co., Ky Tax List next to Shade
Herrin. Listed as 21 or above.

!CENSUS: Pulaski Co., KY 1820.
1 male 26-45, 1 male 0-10, 1 female 45+, 3 females 0-10.

!DEATH: (1976) Pulaski Co., KY Cemetery Records Vol. 1, page 322.

!BURIAL: Mt. Pleasant Cemetery, Pulaski Co., KY beside Hannah Collier Herrin
and another Hannah Herrin who died in 189?, age 43.

...............................................................................

CHURCH: Mt. Pleasant Baptist Church on Hwy 461 North of Hwy. 80
at Pulaski/Rockcastle County Line: (From Byrlene Bumgardner 1441 Maple Knoll Rd.
Somerset, KY 42501). (Johnny B. Bullock has the 1821 Book in his possession).

..........................................................................
NOV 1821 Membership List - Elijah Herrin
Isaac Herrin Hannah Herron

OCT 1828 Church gave a letter of dismissal to Isaac Herrin, wife and son.
(This is Isaac, the son of Isaac who married Hannah Elder.)

MAY 1834 Membership List - Isaac Herrin
William Herrin
Shadrack Herrin
Hannah Herrin
Rebecca Herrin
Hannah Herrin
Sary Herrin
Lida Herrin

AUG 24 1842 Membership List - William Herrin
Isaac Herrin
Shadrick Herrin
Hanah Herrin
Sarey Herrin (dead)
Lyda Herrin
..........................................................................

From church minutes:
..........................................................................
2nd Sat. in Feb. 1845 Difficulty between Bro. Isaac Herrin and John Colyer;
difficulty between Bro. William Herrin and John Colyer, "which was a flat
contradiction." Richard Colyer Clk.
2nd. Sat. in Mar. 1845 Help sent to seek an agreement between Isaac & Wm
Herrin and John Colyer.

Flatlick-Benjamin Vanhook
Micajay Sutton
Liberty -Cornelius Wilder
William A. Warren
John Kilbourn
David Warren
Freedom -Isam Owens
Colbert Hayes
Isaac Pain
Uriah Sutton

"William Herrin and John Colyer to have until the next meeting to settle their
dispute and if they do not they are both excluded."
2nd Sat. in Apr. 1845 Decision of the committee was to exclude William
Herrin and John Colyer (confirmed).
2nd Sat. in Aug. 1845 Reconsideration of the former case of William herrin
and John Colyer. "The church says she will not."

(Richard Colyer was the church clerk in all these, and William Herrin is Isaac
Herrin's son).
..........................................................................

ISAAC married COLLIER HANNAH on 3 Jan 1811 in Pulaski County, Kentucky. HANNAH (daughter of COLLIER CHARLES) was born on 15 Oct 1781; died on 15 Apr 1856 in Pulaski county, Kentucky; was buried in Level Green, Rockcastle County, Kentuckysl. [Group Sheet]

Notes:

Per Larry Herrin:
!BIRTH: (1976) Pulaski Co., KY Cemetery Records Vol. 1, page 322.

!MARRIAGE: Pulaski Co., KY Marriage Book I 1797-1850, page 19.

!DEATH: (1976) Pulaski Co., KY Cemetery Records Vol. 1, page 322.

Notes:

Per Larry Herrin:
!LINEAGE: "Texas Society of DAR Ancestor Roster." (1976) Vol. IV, page 2103 and
and Family Data Sheet from Mrs. Patricia Miller.

!CHURCH: Mt. Pleasant Baptist Church Records commencing 1821. He is the only
male of the age and name in the membership of 1821 to be the parent of Sally
Thompson.

!DEATH: He was still alive in the 1821 Membership list, but not a member in
1837. He was not listed as dead, but his wife was still there.

WILLIAM married CUMMINS ELIZABETH in Pulaski County, Kentucky. ELIZABETH was born about 1793 in Kentucky; died in in Putnam County, Indiana; was buried in Pulaski County, Kentucky. [Group Sheet]