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Note: JAMES A. EVANS, ETC. PETITION OF LAND, 1906 (Warren County, Orders & Decrees 1901-1907, Vol. 3, Pp. 234 - 240)
North Carolina
Warren County
In Superior Court
Before the Clerk
Petition to Sell Land for Division:
James A. Evans
Mary Wilkins &
Husband Wilson Wilkins
vs
Nancy Harris and husband
William Harris, Nannie Green
& T. O. Rodwell Guardian ad
Litem, Tom Green, Mary West
And husband John West & Aaron
Hendrick & W. T. Davis, Landon
West - Individually and as Guardian
Ad litem of Gracy West & others
To the Clerk of the Superior Court of Warren County North Carolina
Your Petition in this action respectfully show:
1st - That they together with the aforesaid defendants are tenants in common seized in fee and in possession of the following described tract of land situated in the aforesaid State & County Shocco Township and bounded as follows; on the North and East by Fishing Creek South by lands known as the John S. Cheek property on the West by lands of W. B. & R. B. Boyd and containing Sixty two & one half acres and known as the old Allen Green tract of land.
2nd - The interest of the aforesaid parties to this action is as follows; James A. Evans and Mary West wife of John West are jointly one sixth (1/6) of the aforesaid tract of land Tom Green, Nannie Green, Nancy Harris wife of William Harris and Mary Wilkins wife of Wilson Wilkins each own one sixth of the aforesaid tract of land and that Gracy, Thos. Solomon, Savannah & Julius West jointly own (1/6) on sixth of said tract of land.
3rd - That the aforesaid parties are all more than twenty one years of age except Nannie Green & Gracy, Thos., Solomon, Savannah, & Julius West & reside in the said State of North Carolina.
4th - That the said Nancy Harris more than twenty years ago with the knowledge & consent of all of the aforesaid tenants in common cut off by metes & bounds fifteen (15) acres of the North side of said tract of land as her interest therein, she & those claiming under her, & have owned and occupied the said fifteen acres ever since.
5th - Your said petitioners desire to hold their interests in severalty in said lands but owing to the size of said tract of land the number of parties interested, therein the nature & quality of the soil and the meager improvements thereon it is impossible that actual partition thereof can be made without serious injuries to the aforesaid parties.
6th - That the sale of the said tract of land exclusive of the aforesaid fifteen (15) acres now in possession of W. T. Davis would be more advantageous to the other tenants in common than actual partition thereof.
7th- That the aforesaid Nannie Green, is a minor under 21 years of age and appears in this proceedings by her guardian ad litem T. O. Rodwell Esq. Whereof the petitioners pray the Court to order a sale of said land excepting the aforesaid fifteen acres owned & occupied by the said W. T. Davis, which said fifteen acres shall be allotted to him by this proceedings as his entire interest or share in said tract of land and that you appoint some competent person to sell the balance of said land after due advertisement according to law to the highest bidder for cash at the Court house door in Warrenton, North Carolina and report the proceedings to your Court within ten days and your petitioners as in duty bound will ever pray.
This 10th day February 1906
R. A. Hawkins
J. H. Kerr
Attys for Petitioners
Order for New Parties (See Original Papers on file)
Application for Guardian ad litem (See Original Papers on file)
Order Appointing T. O. Rodwell Guardian ad litem of Nannie Green (See Original Papers on file)
Answer of Nannie Green by her Atty. F. S. Spruill & adopted by T. O. Rodwell Guardian ad litem (See Original Papers on file)
Application for Guardian ad litem for Infant defts. Gracie, Thos., Solomon, Savannah & Julius West (See Original Papers on file)
Order Appointing Landon West Guardian ad litem of above infant Defts. (See Original Papers on file)
Answer of Landon West Guardian ad litem (See Original Papers on file)
The Proceedings were continued for hearing from time to time Feby. 10th, 1906 to May 4th, 1906.
J. R. Rodwell, C.S.C.
North Carolina
Warren County
(Before the Clerk)
Jas. A. Evans & Others
vs
Nancy Harris & Others
(Order of Sale)
The aforesaid action coming on to be heard and it appearing to the Court that each and every one of the Defendants in said action have been duly served with summons as is provided by law, and it further appearing that a sale of the tract of land described in the petition for division among the parties to this action would be more advantageous than actual partition of the same among said parties it is therefore ordered and decreed that the said tract of land; excluding however the fifteen acres of land now in possession of W. T. Davis, one of the parties to this action which is hereby ordered to be allotted to said W. T. Davis as his interest in said land the same being the 15 acres cut off by Nancy Harris as her entire interest; be sold to the highest bidder for cash on the 12th day of June A.D. 1906 at the Court House door in Warrenton, N.C. after advertising the same as required by law.
It is hereby ordered that R. A. Hawkins be and is hereby appointed commissioner to make said sale and report the same to this Court without delay.
J. R. Rodwell
Clerk Superior Court
May 4th 1906
Report of Sale:
Jas. A. Evans & Others
vs
Nancy Harris & Others
To James R. Rodwell Clerk Superior Court of Warren County, North Carolina:
In pursuance of an order of said Superior Court issued to me as Commissioner to sell land for division per parties in the above entitled action, and due advertisement being made by me as required by law, I sold the following property on the 12th day of June 1906; One tract of land in Shocco Township, Warren County, N.C. containing 47 acres and being the same land embraced in petition as well as order of sale. Said sale was made at the Court House door at the hour of 12 M and the highest bidder was James A. Evans at the price of One hundred dollars, and, I as Commissioner recommend that the Court accept the price bid as I think it is a fair & just price for same.
Respectfully submitted,
R. A. Hawkins, Commissioner
June 12th 1906
Filed June 12th 1906
J. R. Rodwell, C.S.C.
North Carolina
Warren County
In Superior Court
Before J. R. Rodwell, Clerk
Final Decree:
J. A. Evans & Others
vs
Nancy Harris & Others
This proceedings coming on further hearing before the Court and it appearing to the Court that R. A. Hawkins appointed by said Court to sell the land described in this proceedings, sold the same as provided by law on the 12th day of June 1906 at the Court House door in Warrenton, North Carolina to the highest bidder for cash when and where James A. Evans became the last and highest bidder for the same at the price of one hundred dollars, which said price appears to be fair and reasonable and twenty days having elapsed and no advanced bid having been made. It is now upon motion of J. H. Kerr, Atty. for Plaintiffs, ordered and decreed that the said sale be and hereby is in al respects confirmed. It is further ordered that the said R. A. Hawkins, commissioner, is hereby empowered to collect said purchase money and that he execute to said James A. Evans the purchaser, a deed for said real estate as provided by law.
It is further ordered that said R. A. Hawkins, commissioner, be allowed ten dollars ($10.00) for his services as such commissioner which said amount together with all costs and expenses of this action be deducted from said purchase money and that the balance be paid into the Office of the Clerk of Superior Court of Warren County to be distributed among the parties to this action as their interest appear. This 3rd day of July 1906
J. R. Rodwell, Clerk Superior Court
Statement:
Purchase money of land - - $100.00
Costs of proceedings, lawyers fees, & all $43.90 - 43.90
Left for distribution in 5 shares - $56.10
Each share - $11.22
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