State of North Carolina
Guilford County
February Term 1860
Court of Pleas and Quarters Sessions
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Elizabeth JONES
  Vs
L.W. SUMMERS

To the Worshipful Judges of said Court
  The petition of Elizabeth JONES of the State and County aforesaid,
against Ludwick W. SUMMERS of the State and County aforesaid, and LINDSAY
BRINCEFIELD, George, and Simpson BRINCEFIELD, citizens of one of the
Southern or Western States, to the Plaintiff unknown. humbly complaining
showeth unto your Worships.
That she is the daughter of Thomas BRINCEFIELD deceased, from whom she
inherited by will, jointly with her brother Clement BRINCEFIELD, a certain
tract of land on Haw River, containing about one hundred and ten acres,
more or less, and adjoining the lands of Ludwick W. SUMMERS, Henry SKEINS,
and others.
She further showeth unto your Worships that her brother Clement
BRINCEFIELD, removed many years since to one of the Southern or Western
States, which one she knows not, that he has not been heard from in a great
many years and the general belief is that he is dead, and she further
showeth that Lindsay and George BRINCEFIELD, the children of Clement, are
not residents of this State.
Your petitioner further showeth that at (Blank) Term of the Court of Equity
for Guilford County, and Francis L. SIMPSON as Guardian of Jane BRINCEFIELD
filed a petition to sell said tract of land above specified without the
leave of your petitioner and without notifying her of his intention so to
do, and that he waived a decree of said Court to sell said land imparsuance
(sic) of said decree, a sale was made and one Ludwick W. SUMMERS became the
last and highest bidder, and still holds his claim under said sale.
Your petitioner further showeth that she never released her interest in and
to said land to anyone but that she ever has and still claims one undivided
in the same under the will of her father, the said Thomas BRINCEFIELD,
deceased.
Your petitioner further shows that she desires to hold and enjoy her share
of said land in surrenty (sic) and to that she prays your Worships to
appoint five commissioners to divide the same and by proper metes and
bounds and to allot and set apart to your petitioner one half thereof and
if an equitable division cannot otherwise be effected then in that case to
charge the more valuable dividend  or dividends with such sum or sums as
they shall judge necessary to be paid to the dividend or dividends of
inferior value, in order to make the division equal and to report their
proceedings under their hands and Seals to the next Term of Court.
  To the end therefore that your petitioner may have partatition (sic)
according to law and the course of this Court. May I please your Worships
to grant unto your petitioner the Statis of Subponna (sic) to be directed
to the said Ludwick W. SUMMERS commanding him to appear at the next Term of
this Court to be held for said County at the court house in Greensboro on
the 3rd Monday in May next and answering to order publication to be made as
to the said Lindsay BRINCEFIELD, George and Simpson BRINCEFIELD who reside
beyond the limits of this State, notifying them of the filing of the
petition and directing them to appear and answer. And your petitioner as in
duty bound will ever pray.
    Ralph GORRELL and J.L. GORRELL
      Attorneys for Petitioner


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