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Marshall Family Records Copied, transcribed and shared by Connie Marshall Thompson from the North Carolina State Archives with this message: " I hope these documents help others as much as they have helped me. " Please contact Connie for more information.
Superior Court Alamance County Jacob Andrew and wife Nancy, Tho.
Marshill, Jonathan Marshill and William Marshill The petition of Jacob Andrew and wife Nancy, Thomas Marshill, Jonathan Marshill, and William Marshill, respectfully showeth unto the court: 1. That Joseph Marshill. late of Alamance County, died intestate during this year 1879, leaving him surviving the following married children and heirs at law, to wit: Nancy, intermarried with Jacob Andrew, Thos. Marshill Jonathan Marshill, William Marshill, Alfred Marshill, Joseph Marshill and John Marshill, all of said children and heirs at law being parties unto. 2. That the said Joseph Marshill died seized in fee and possessed of about one hundred and ten acres of land, situate in Newlin township, Alamance county, North Carolina, on the waters of Cain Creek, adjoining the lands of (?) Kate Roberson, D. A. Moon and others which descended upon his said children as heirs at law, and is now bound and held by them as tenants in common. 3 That owing to its number of tenants in common, the size of said tract of land, and its (?) with respect to timber and cleared land, and its condition generally, actual partition thereof cannot be had without great injury to the interest of some or all of said tenants in common. 4. That said petitioners are desirous
of having their interest there in in severalty, and to that and they pray an
order of this court directing the sale of said tract of land E S Parker Jacob Andrew being duly sworn says that
he has heard the fore going petition read and that it is true of his own
knowledge sum and (?) matters ? ? ? ? ? ?
Superior Court, Alamance County
Thomas Marshill, E. S. Parker being duly sworn, says that he is informed and does verily believe that the defendants in this special proceeding to wit, Alfred Marshill, Joseph Marshill and John Marshill, are nonresidents of this State and that they reside in the State of Missouri, and have so resided for some years. Sworn to and subscribes E. S. Parker A Tate C. S. C.
Alamance County:---In the Superior Court.
Jacob Andrew and wife Nancy, Thos Marshill Jonathan Marshill and William Marshill Against Alfred Marshill, Joseph Marshill and John Marshill The State of North Carolina, YOU ARE HEREBY COMMANDED, To Summon
Alfred Marshill, Joseph Marshill and John Marshill Given under my hand and seal of said Court, this Second day of January , 1880?. A Tate Clerk Superior Court Alamance County. Cover of the Summons says the following:
Summons for Relief, Returnable within 21 days into the office of the Clerk of the Superior Court for Alamance County. Received Jaruy? 3, 1880. E. S. Parker Ptff’s. Atto.
Jacob Andrew and wife Upon noting the return of the sheriff
and reading and filing the affidavit of E. S. Parker it appearing to the
satisfaction of the court that Alfred Marshill, Joseph That service of summons be had upon them
by publication in The Alamance Gleaner, a weekly newspaper, published in the
town of Graham, Done at office in Graham Superior Court: Alamance County Jacob Andrew and wife It appearing to the satisfaction of
this court that all necessary parties are made to this proceeding and that
service of summons has been had upon defendants and that the time designated
then is within which they were to answer of demur has expired, and that
defendants have not answered, demurred, or put in an appearance, either in
person or by attorney, it is now on motion of E. S. Parker, atty for plaintiff
petition 1 That the land described in the petition be sold for partition. 2 That said sale be made on the premises
after advertising time and place of sale for thirty days at the courthouse door
and four other public places in the county of Alamance; That the terms of said
sale be as follows: 3 That W. J. Stockard ? and he is hereby
appointed a commissioner of this court to make the sale herein ordered. Done at office in Graham, this
Jacob Andrew and wife Nancy The undersigned commissioner of this
court, begs leave to report, that in pursuance of an order of this court made in
the above titled proceeding he sold the land mentioned and described in the
petition on the first Monday in May the premises, where and when Johnson O.
Andrew became the last and best bidder and said land was knocked down to him at
the price of two hundred and fifty one ($251.) dollars and that he complied with
the terms of said sale as prescribed in said All of which is respectfully submitted.
W. J. Stockard, Comr to sell Marshill land, in account. Land sold for
251.00 By bill of cost pd, clerk
37.75 1/7th to a share sold each $31.22 Written across the above writing is the following statement: Recd. Two shares This Aug 16 1881 Written on a separate sheet of paper is
the following:
Superior Court Alamance County Jacob Andrew and wife Nancy, This is a special proceding for the
sale of lands descending from Joseph Marshill dec’d upon the parties as tenants
in common. The defendants are 1.7.80. A. TATE C. S. C.
E. S. Parker being duly sworn says that he is the ? ? proprietor of The Alamance Gleaner a newspaper published weekly in the town of Graham, and that the publication, a printed copy here to attached, appeared in said newspaper for six successive weeks, beginning with the issue of the 7th of January 1880. E. S. Parker Sworn to and subscribed
Harveysburg Ind Mr. Parker oblige Joseph E. Marshall Rockville Ind E S. Parker Esq Dr Sir Superior Court Alamance County Jacob Andrew and wife Nancy Thomas Marshill, Jonathan Marshill and Wm Marshill vs Alfred Marshill, Joseph Marshill and John Marshill Upon reading and filing the report of sale made by W. J. Stockard, Comr. by order of this court in the above titled proceeding heretofore made, and it appearing to the satisfaction of the court that the land described in this petition brought a fair price and that the purchaser has complied with the pre- scribed terms of sale, it is now on Motion if E. S. Parker, petitioners, plain- tiffs, attorney, ordered that said sale be and is hereby in all respects confirmed that the said court collect purchase money yet unpaid, and he is authorized to collect the same at any time as well ? as after maturity. That of the proceeds of the sale of said land he first pay its cost of this proceeding including $10. to himself as comr. and $5.00 to E. S. Parker atty. for drawing deed, and also $10.00 to E. S. Parker atty, for services in filing petitions, Procurring order of same and confirmation thereof. That the remainder of said proceeds of sale of said land be divided into seven equal shares to be paid out as follows: one share to Jacob Andrew and wife Nancy and one share each to Thomas Marshill Jonathan Marshill, William Mar- shill, Alfred Marshill, Joseph Marshill and John Marshill, the same being with respect top their several interests in said land described in said petition. Done at office in Graham the 26 day of Jun? 1880 A Tate C. S. C. Alamance County Superior Court: Alamance County Jacob Andrew and wife Nancy, Thos. Marshill Jonathan Marshill and William Marshill vs Alfred Marshill Joseph Marshill John Marshill. It appearing to the satisfaction of this court that all necessary parties are made to this proceeding and that service of summons has been had upon defendants and that the time designated then is within which they were to answer of demur has expired, and that defendants have not answered, demurred, or put in an appearance, either in person or by attorney, it is now on motion of E. S. Parker, atty for plaintiff petition ??,??,??: 1 That the land described in the petition be sold for partition. 2 That said sale be made on the premises after advertising time and place of sale for thirty days at the courthouse door and four other public places in the county of Alamance; That the terms of said sale be as follows: One half cash, the balance in one year, secured by bond, carrying interest from day of sale, and that the title be reserved the final payment of purchase money. 3 That W. J. Stockard ? and he is hereby appointed a commissioner of this court to make the sale herein ordered. 4 That said commissioner report his proceedings under this order and that this ? be retained for further orders. Done at office in Graham, this the 31st day of ? 1880. A Tate C. S. C. Alamance County
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Parke
County, Indiana