Petition for division of lands of Isaac Hendricks of Davie Co. NC, 1870 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Elizabeth Harris http://files.usgwarchives.net/nc/davie/court/hendrx1.txt USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ******************************************************************. [From loose estates papers, NC state archives, Raleigh] Superior Court of Davie County J.H. Hendricks Joseph A. Hendricks Louisa Stoker against Susan Rice, of South Carolina David H. Shoaf & wife Mary C. of Rowan County North Carolina The plaintiffs complain That the platiffs and the Defendants are in possession of an undivided interest and estate of certain real Estate in the County of Davie described as follows One undivided third part - towit Isaac Hendricks Estate, the said Isaac Hendricks being now dead & plaintiff & defendants being his only heirs at law - in the following lands 1st The Tracts of Land devised by the last will & testament of Thomas Hendricks (subject ot a life's Estate in favor of Catherine Hendricks the widow of said Thomas) to Isaac Hendricks, now deceased & to the plaintiff Joseph A. Hendricks & J.H. Hendricks described as follows towit One tract knows as the homestead tract of said Thomas Hendricks deceased, lying in Davie County - in the point between the north & south Yadkin adjoining the lands of Matheus Miller and others and containing 175 Acres: also one tract known as the Williams Tract, adjoining the lands of J.C. Ford and others in the County of Davie and containing fifty six Acres That the three brothers Isaac Hendricks & the plaintiffs Joseph A. Hendricks & J.H. Hendricks, bought another Tract of Land in Davie County & took title to themselves as tenants in common which tract adjoins the "Williams Tract" above described, and contains NinetySix acres II. That during the lifetime of Isaac Hendricks it was agreed that said Joseph A. Hendricks might locate & settle on a part of said land - as he had married & the other two were single men - and accordingly - by consent of said parties, a survey was made & the lines fixed for said Joseph A. Hendricks part, but no valuation made or agreed on and that said Joseph A. Hendricks made improvements by building fencing & clearing on the part agreed to be assigned him. III. That the said Joseph A. Hendrickas and J.H. Hendricks have each an undivided share towit one third of said land, in their own right and next that each of the platiniffs and defendants have an undivided fifth part of the other third part IV That the plaintiffs own no other land in this state in common with the defendants Whereupon the plaintiffs demand judgement for a partition of the said real property according to the respective rights of the parties aforesaid and that Joseph A. Hendricks part shall be so laid off as to give him the part assinged with his Buildings & Improvements Or if a partition cannot be had of the share descended to plaintiffs & defendants from Isaac Hendricks (who died intestate leaving them his only heirs at law) without material injury to the rights of those interested then for a sale of the said premises and a division of the proceeds among the parties according to their rights. J.M. Clement Plaintiffs' attorney Affadavit for order of publication J.A. Hendricks J.H. Hendricks Louisa Stokes against Susan Rice of South Carolina David H. Shoaf and wife Mary C. of Rowan County Davie County J.H. Hendricks one of the platinffs in the above entitled action, being duly sworn, says that the action is brought for a partition of real estate situated in Jerusalem Township in Davie County, in which county the place of trials is laid of which real Estate plaintiffs and defendants are seized as tenants in common: that the defendant Susan Rice is a tenant in common and one of the owners of an undivided portion of said premises; that the said Susan Rice is not a resident of the state of North Carolina but resides somewhere in South Carolina, her post office being unknown and is not to be found in the state to my knowledge information or belief of defendant Sworn to & subscribed J.H. Hendricks before me 15th Jan 1870 H.R. Austin CFC filed 15th Jany 1870 H.R. Austin cfc M.B. Austin D.C. summons issued 18th Jany 1870