Alleghany County, NC - Lydia Anders Et Al v. D.C. Caudill, 1891

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North Carolina   } In the Superior Court
Alleghany County } Before the Clerk. Nov 4-1891

Lydia Anders, Mark Caudill           }  
Thomas Pruitt and wife Polly Pruitt  }
Thomas Irvin & wife Sina Irvin       }  Petitioners
Mary Jane Atwood,  Jane Atwood       }
Meredith Atwood, Wm. Atwood          }
Rebecca Atwood and Jackson Atwood    }

              V.

D.C. Caudill                         }  Deft

To the Hon the Superior Court your petitioners would respectfully show 
that in the year 18-- (July 27, 1877) Daniel Caudill died in this County 
intestate and leaving surviving him as his heirs at law - his children 
to wit - D.C. Caudill, Mark Caudill, J.J. Caudill, Josiah Caudill, Calvin 
Caudill, D.J. Caudill, W.P. Caudill, Hardin Caudill, Polly Pruitt who 
prior to her fathers death had intermarried Thomas Pruitt, Sina a daughter 
who prior to her fathers death has intermarried with Thomas Irvin and 
S.M. Caudill a daughter who prior to her fathers death had intermarried 
with George Atwood - and Lydia Anders - a daughter who prior to her fathers 
death had intermarried with Wm. Anders - That he died seized and possessed 
of certain lands situated in Alleghany County, lying on the headwaters of 
Prathers Creek and adjoining the lands of Wm. Moxley, George Jones & others
being the house lands that Daniel Caudill lived upon and the same lands on 
which D.J. Caudill or his family now live

That since the death of said Daniel Caudill, Wm. Anders departed this 
life and left petitioner Lydia Anders a feme sole and that since her 
fathers death S.W. Atwood died intestate and left her children her 
heirs at law M. J. Atwood, James Atwood, Meredith Atwood, Wm. Atwood, 
Rebecca Atwood, and Jackson Atwood. That all the said heirs of Daniel 
Caudill are of full age.

That since the death of the Ancestor the said Daniel Caudill, W.P. 
Caudill, Hardin Caudill, A.J. (sic) Caudill, Calvin Caudill, D.C. 
Caudill and Josiah Caudill have conveyed their entire interest in said 
lands to D.J. Caudill and he has conveyed the same to deft D.C. Caudill 
and that he is now therefore the owner of 7/12 seven twelfths undivided 
interest of said land. 

That Mark Caudill is owner of one twelfth. Lydia Anders the owner of 
one twelfth. Polly Pruitt is the owner of one twelfth. Sina Irvin of 
one twelfth and the heirs of S.W. Atwood of one twelfth to wit

That D.C. Caudill is in possession of said lands with no person or
by tenant

That the area of said lands is so small that it cannot be divided by 
actual partition in kind into twelve equal parts without substantially 
injuring the interests of the petitioners and further for the reason  
that the one twelfth interest that the S.W. Atwood inherited now 
descending to her said six children would have to be divided into six 
parts and as the lands lie on the mountain on headwaters of Prathers 
Creek and not much timber on it - if it were divided by actual partition 
of the lands some of the parts would necessarily be devoid of timber or 
water unless it was cut into small strips and the manner of dividing it 
would destroy its value. That it would be much more advantageous to 
the interest of all to have the whole of the land sold for division 
among those entitled thereto. That there are 67 acres of the said 
lands and it is bounded as follows,

Beginning on a chestnut on a branch running west 12 poles, then 
south 102 poles, then east 120 poles then north 102 poles to the 
beginning.
                          Relief

Therefore your petitioners ask that said land may be sold by the 
commissioners appointed by this Court on such terms and in such manner 
as may be to the greatest interest of all parties to this action both 
the petitioners and the defendant and that the proceeds of such sale 
and division of this first paying the costs and charges of such sale 
and division to be divided among those entitled thereto. To wit 7/12 
to D.C. Caudill, 1/12 to Lydia Anders, 1/12 to Sina Irvin, 1/12 to 
Polly Pruitt, and 1/12 to the said six Atwood children equally.

That a summons issue for D.C. Caudill and the Court will make all 
such other orders and decrees as may carry out and into effect the 
prayer of petitioners and for all others general relief.

                                 R.A. Doughton and 
                                 W.C. Fields, Attys 
                                 for Petitioners


North Carolina, Alleghany County
Thomas Pruitt being sworn says that the facts are set forth in this 
petition. Those stated of his own knowledge are true. Those stated 
as information and belief he believes to be true.    
                                        Thomas Pruitt (xmark)

Sworn to and subscribed before me this May 4, 1892
     J.C. Rauf   J.P.

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