Notes:

Malfus is the son of Eder B Chittenden.

Malfus married Katherine CATE HOUGH. Katherine (daughter of Almon Van Zandt HOUGH and Martha R MORRIS) was born on 6 Feb 1849 in Greencastle, Putnam Co., Indiana; died on 25 Mar 1921 in Greencastle, Putnam Co., Indiana; was buried in Forest Hill Cemetery. [Group Sheet] [Family Chart]

Almon married Martha R MORRIS on 25 Feb 1838 in Jefferson County, Indiana. Martha was born on 24 Oct 1820 in Indiana; died on 8 May 1912. [Group Sheet] [Family Chart]

Notes:

Children of ALMON HOUGH & MARTHA MORRIS are:

1. HENRY G HOUGH, b. 1839, Greencastle, Putnam Co. Ind..
2. ORSON E. HOUGH, b. 1841,
3. WILLIAM W. HOUGH, b. 1843,
4. MARY A. HOUGH, b. 1845,
5. MARTHA M. HOUGH, b. 1847,
6. ANN M. HOUGH, b. 1850,
7. CATE HOUGH, b. 1849,
8. GEORGE O. HOUGH, b. 1851,
9. ADALINE HOUGH, b. 1853,
10. JESSE B. HOUGH, b. 1855,
11. COURTLAND C. HOUGH, b.
12. PAUL HOUGH, b. 1861, Greencastle, Putnam Co. Ind.. - - -

Notes:

Orson is the son of Rebecca Andrews & Caleb Hough, Sr, 6 23 1782 Barkhamsted, Conn - 6 8 1836, Potsdam, NY. Caleb Hough seres as a private in Capt Cook's company, Col. Wooster's 1st Connecticut Regiment & in Wadsworth Brigade.
. 1816 Mar 14 - Potsdam Gazette: Caleb Hough Esq. of this village, Corner who took the inquisition of the dead bodies of a murder & Robbery.

. 1846 Dec 21, Monday. Hough & Others Vs. Doyle
[SUMMARY:} - By the statute of 1831, a bill of foreclosure, &c. (the mortgage-debt being DOYLE- payable by installments) would not lie, until the day of payment of the last installment was past.
- A decree in chancery cannot be rendered against an infant defendant without proof, though the answer, filed by his guardian ad litem, admit the bill to be true.
- Process should be served on infant defendants in chancery in the same manner as if they were adults; & to enable them to plead, answer, or demur, a guardian ad litem for them should be appointed. A decree in chancery against infant defendants, without proof of the matters alleged in the bill, is erroneous.
- A bill in chancery to enforce a vendor’s lien on real estate should fully describe the contract of sale, & over the non-payment of tho purchase-money.

ERROR to the Jefferson Circuit Court.
DEWEY, J . - At the September term, 1833, of the Jefferson Circuit Court, Doyle brought a bill in equity against the plaintiffs in error, the heirs at law of Orson E. Hough. The bill states that, on the 25th of October, 1831, Orson E. Hough was indebted to the complainant in the sum of $375, for which he executed three promissory notes of that date for $125 each, payable in one, 2, & 3 years, with interest; that to secure the payment of the notes, he executed a mortgage of the same date to the complainant of ' certain premises, which mortgage is referred to as an exhibit & made a part of the bill, but which does not appear in the record; that the mortgagor died in 1832, leaving the defendants below his heirs at law, who were all minors; & that the first 2 notes were due. The prayer of the bill was, that the defendants might be decreed to pay the 2 notes which were due; or in default thereof, that the mortgaged premises might be decreed to be sold, &c. The defendants having been summoned, a guardian ad litem was appointed for them, & answered the bill in their behalf admitting it to be true. The Court, without hearing any evidence whatever, decreed that the defendants should pay the complainant $288, the amount of the first two notes, in 10 days, or that in default thereof, the mortgaged premises should be sold to satisfy that sum & the costs. A commissioner was appointed to carry the decree into effect.
This decree must be reversed. The law in force when the mortgage was given, & the decree was rendered, did not authorize the bringing a bill to foreclose the equity of redemption, & for a sale of the mortgaged premises, until after the day of payment of the last of the mortgage-money was past. R. S. 1831, p. 244.
The bill was prematurely brought. It shows upon its face that the last installment was not payable when the suit was commenced.
It was erroneous, too, to decree against infants upon the Honor: admission in their answer that the bill was true. Infants cannot bind themselves by such an admission. There should have been proof adduced in the same manner as if the bill had been denied. Other errors in the proceedings might be pointed out but it is unnecessary.
Per Curiam. The decree is reversed with costs. Cause remanded.
O. H. Smith & T. L. Sullivan, for the plaintiffs.

ERROR to the Jefferson Circuit Court. - Canby brought a bill in equity against the against the heirs of Orson E. Hough on a contract of sale of a certain lot of ground, made by Orson E. Hough & the complainant. The object of the bill was to enforce the vendor’s lien. The defendants were minors. It does not appear that process was served upon them. On the filing of the bill, the Court appointed a guardian ad litem for the defendants. The guardian appeared, but did not answer. The Court for want of a defense (no evidence being adduced on either side) decreed a sale of the premises contracted to be sold, & appointed a commissioner to make the sale, &c.
This decree is erroneous. Process should have been served upon the infant defendants in the same manner as if they had been adults. To enable them to plead, answer, or demur, an assignment of a guardian was necessary. It was irregular, according to the English practice, to assign a guardian for the infants before service of process upon themselves. But we do not mean to say that, under our practice, it is essential that the service of process should precede the appointment of a guardian; the record however must show both to have been done. Such not being the fact in the cause before us, it was erroneous to proceed to a decree. It was also erroneous to decree against infants without proof of the matters alleged in the bill. It should be remarked that the bill is defective for not setting on the contract of sale with sufficient fulness, & for not averring that the purchase-money was not paid.
Per Curiam. The decree is reversed with costs. Remanded, &c. 0. II. Smith & T. L. Sullivan, for the plaintiffs.
Ref: Reports of Cases Argued & Determined in the Supreme Court of State of Indiana Nov. Term 1847.
Research & transcriptions by PJ Ahlberg. Thank you. - - -

Birth:
Alt Loc: Lisbon, NY Ref: Ind Death Cert Julia Ann Hough.

Orson married Anna Chapman OSBORNE in 1815 in Potsdam, St. Lawrence Co., New York. Anna (daughter of Capt. Samuel OSBORN, Jr. and Alice WILLSON, .1) was born on 29 May 1796 in Town of York (Toronto), Ontario; died on 29 May 1867 in New York State. [Group Sheet] [Family Chart]

Notes:

Anna is the daughter of Alice Willson & Samuel Osborne.

Anna Osborne married Judge Orson Hough, at Potsdam, New York.

Notes: In 1831there was a mortgage an their home in Madison & the death of her husband in 1832 left this outstanding issue. Not until 1847 was a final legal decision given in favor of Mrs. Anna Hough. With this debt & poverty resolved, Anna Osborne Hough mad a journey to Toronto to reacquaint with her remaining family ties in Canada. No doubt she carried news of the welfare of her brother John Willson Osborn back in Indiana - P J Ahlberg, 2016.

Children of ORSON HOUGH & ANN OSBORN are:
i. ALMON VAN ZANDT HOUGH, b. 1816, New York; d. 1874.
ii. REBECCA ANDRAS HOUGH, b. 1819.
iii. WILLIAM OSBORN HOUGH, b. 1821, New York.

- Anne, widowed in1832, when Julia was about 4 years old, grieved by the death of 2 of her children, stricken at the same time by diphtheria, & worn out by the struggle to support her remaining children - with her needle, was becoming more & more exhausted. Julia often told how she had to quit school to help her mother with the sewing, how she never had proper clothes to wear, & of how her mother, remembering better days when she was the wife of the judge, was gradually becoming a recluse.
Alfred, her oldest son, who should have been her mainstay, was of no help. He drank & squandered the money his father had left them.
Mack, the younger son, was of course too young to be of much help to his mother. Before the death of her husband & 2 children, Anne was a normal person, gay & fun-loving.
She liked to go to parties & dances; she enjoyed her home & the people around her. But the blow of the sudden bereavement caused an emotional disturbance from which she never fully recovered. Turning to religion, she withdrew from the bright world she had known, & as time went on the gloomy religion of her day weighed her down. She became a "shoutin" Methodist, & in her later years seemed to prefer a life of solitude.

> In the spring of 1847, Anne Hough, widow of Judge Orson Hough, left her home in Madison, Indiana, for an extended journey. She was accompanied by her 2 daughters, Julia & Mary. Julia was 20 & Mary somewhat older. They went to Mt. Meridian, Indiana, where Anne left her 2 daughters in the care of her brother, John Osborn, keeper of the Half Way House.

Anne then journeyed on to Toronto, Canada alone to visit her native homeland.

This memorable summer visit must have been one of rare adventure for the girls, Julia & Mary. Their trip was undertaken with eager anticipation. What romance the mysterious West held for them. The Half Way House in Mt. Meridian was one of the earliest taverns on the National Road. It was called the Half Way House because of its location half way between, Indianapolis & Terre Haute. There was, of course, the excitement of living at the Half Way House, with its constant stream of guests coming & going. With their cousins, Uncle John's three attractive daughters, they established life-long friendships. But little did Julia & Mary suspect that they were on a one-way journey, never to return to their beloved Madison, home of their childhood.

There was, of course, the excitement of living at the Half Way House, with its constant stream of guests coming & going. With their cousins, Uncle John's three attractive daughters, they established life-long friendships.

But little did Julia & Mary suspect that they were on a one-way journey, never to return to their beloved Madison, home of their childhood. These attractive girls, brought up in a thriving river town on the Ohio, daughters of a prominent lawyer, were willing to leave Madison for the primeval forests around Mt. Meridian. It was not that they deliberately came seeking husbands, for they did not lack attention in Madison. Mary, an exceedingly pretty, dark-eyed girl, loved to tell of her romance with a young man of a fine, well-to-do family in Madison, which was broken off by her mother because of their poverty. For this Mary never quite forgave her mother, although her husband, Mr. Allen, was a very good husband.

Imagine her surprise & dismay when she returned to Mt. Meridian to find both of her daughters married. Mary became Mary Allen, known to us as Aunt Mary Allen or just "Auntie" Julia married Peter Alexander Jones, son of Benjamin Jones, Methodist minister.' She is our grandmother.'
Ref: Jones Family Tree, by Ruby Alice Jones, 1957.

Birth:
Alt DOB: 1796 5 30.

Died:
Alt DOD: 1867 5 30. Putnam Co. IN

Notes:

Married:
Alt Date 1819