Johnston County, NC - Division of land of Sarah Rose dec’d, 1855

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Petition for Partition, Thomas R. Rose and others
4th Monday of Feby 1855 – Issued 5th May 1855

State of North Carolina 
To the Sheriff of Johnston County Greeting
Whereas Thomas R. Rose and others by their attorney Loverd Eldridge Esq hath 
heretofore exhibited their petition which is in the following words to wit: 
The petition of Thomas R. Rose, Benjamin B. Rose, William N. Rose, George P. 
Rose, Joseph G. Rose, Avera Rose, Ransom Lee and wife Lucy and Ira W. Rose 
that they are tenants in common of a tract of land which descended to them at 
the death of their mother Sarah Rose. Said land is situated in Johnston 
County adjoining the lands of Reuben Shepard, Asa Weaver and others, 
containing by estimation four hundred acres and the said petitioners show to 
your worshipfuls that they are all of age except Ira W. Rose who is a minor 
under twenty one year of age and they therefore pray your worships to appoint 
John H. Kennedy guardian ad litem to defend the interest of said minor. Your 
petitioners further show that they desire to hold and enjoy their shares of 
said land in severalty and to that end pray your worships to appoint five 
commissioners to divide the same into equal shares, by proper metes and 
bounds and to allot and set apart to each of your petitioners one share 
thereof, and if an equitable division cannot otherwise be effected, then and 
in that case to charge the more valuable dividend or dividends with such sum 
or sums as they may think necessary 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 this court and your 
petitioners as in duty bound will ever pray.

The case coming on to be heard upon the petition of prayer of the 
petitioners, is granted and on motion Nathan Williams, John Eason, Elias S. 
Jones, John C. Hood and Reuben Shepherd be appointed commissioners to divide 
the lands described in the petition in eight equal shares and to allot to 
each of the petitioners Thomas R. Rose, Benj. B. Rose, Wm N. Rose, George P. 
Rose, Joseph G. Rose, Avera Rose, Ransom Lee and wife Lucy and Ira W. Rose, 
one equal share thereof.

You the said Sheriff are therefore commanded to summon Nathan Williams, John 
Eason, Elias S. Jones, John C. Hood and Reuben Shepherd whose duty it shall 
be first being sworn in due form of law to divide the lands mentioned in the 
petition according to the prayer of the petitioners and report their 
proceedings under their hands and seals to the next term of this court to be 
held for the County of Johnston at the court house in the town of Smithfield 
on the 4th Monday in May next. Herein fail not and have you then and there 
this writ.

Witness John H. Keneday clerk of our said court at office the 4th Monday of 
Feby 1855. Issued the 5th day of May 1855.
J. H. Keneday Clk

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Order for the division of the land of Sarah Rose dec’d
No date but seems to have happened after the Sheriff issued his writ.

On motion it is ordered by the Court that Nathan Williams, John Eason, Elias 
S. Jones, John C. Hood and Reuben Shepard be appointed commissioners to 
divide the land described in the petition in eight equal shares, and to allot 
to each of the petitioners Thomas R. Rose, Ben. B. Rose, Wm N. Rose, George 
P. Rose, Joseph G. Rose, Avera Rose, Ransom Lee and wife Lucy and Ira W. Rose 
an infant one equal share thereof and if an equitable division can not be 
otherwise effected, then and in that case they are to change 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. A majority of the said commissioners are to have 
power to act said commissioners before they proceed to the execution of this 
order, are to be duly sworn by the Sheriff or some Justice of the Peace of 
Johnston County and they are to report their proceedings under their hands 
and seals to the next term of this court. The clerk of this court is to 
deliver a copy of their order to the Sheriff of said county to the end that 
he may summon the said commissioners to appear on the premises for the 
purpose above mentioned.

Source:
NC Archives
Nicholas Rose Estate Papers
CR 056.508