MONTGOMERY COUNTY, NC - COURT - Murdock Chisholm Court of Equity - 1823

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State of North Carolina, Montgomery County, Court of Equity held for 
the County aforesaid to September term, 1823. His honor Joseph J. 
Daniel being present the following bill after being duly filed was.. in
the following words. In chancery Fall Term 1823.
Humbly complaining showeth unto your Honor...orators Angus Chisholm,
Daniel Chisholm and John Chisholm, Daniel Chisholm Junr., and Calvin
J.(?)Chisholm and Mary A. Chisholm, minors by their guardian, Angus
Chisholm, all of the County of Montgomery and John Morrison and Mary
Morrison, his wife of the County of Richmond and James McNeill and 
Rachel, his wife of South Carolina.
That Murdock Chisholm, father of your orator departed this life
sometime in the year, leaving Malcolm Chisholm, deceased, the father of
John Chisholm and Daniel Chisholm, Jun., Angus Chisholm, Daniel 
Chisholm Sen., John Chisholm, deceased father of Calvin J. Chisholm and 
Mary A. Chisholm, minors. Rachel McMillan, wife of James McMillan and 
Mary Morrison, wife of John Morrison, his children and heirs at law and
at the time of his death was signed and possessed. of a tract of one 
hundred acres of land situated on the waters of Mountain Creek in the 
County of Montgomery adjoining the lands of Angus Chisholm, Hiram 
Clark, and others and that the said Murdock Chisholm made no 
disposition of the said tract of land within during his life or by his 
last will and testament, but died intestate as to the same, which said 
tract of one hundred acres of land disc... by the laws to your orators 
as tenants in common.
Your orators further show unto your honor that the aforesaid tract of
one hundred acres of land situated as aforesaid cannot be divided and
partition made between and among the aforesaid tenants in common 
without manifest injury to each and every of them. Your orator, 
therefore pray your Honor to order and decree a sale of the aforesaid 
tract of one hundred acres of land and a division of the money arising 
from the proceeds of such sale according to the provisions of the act 
of assembly in such cases made and provided and as the aforesaid 
tenants in common or each and every of them by law be entitled.
And your orators as in duty bound will wit pray & C.
George C. Mendenhall
Att. For complainant


State of N. Carolina
Montgomery County
County Court of Equity, March 1825

Angus Chisholm and other petition

In obedience to a decree of the honor of the court at the March term 
1824, I proceeded to advertise and sell the land agreeable to said 
decree at the court house in the town of Lawrenceville on the 6th of 
May last past at which time and place Malcolm C. Clark, agent for Hiram
Clark became the last and highest bidder for the sum of one hundred 
dollars which said sum though not yet all due, has been paid into the 
office and is now at the disposal of the honorable court. All of which 
is humbly submitted together with a equest of the purchaser that the 
deed may be executed to the said Hiram Clark.

Jno. Christian ...&
Angus Chisholm and others.


March term 1825
The master having filed his report in this case it is ordered adjudged
and decreed that the report of the master be confirmed and it is 
further ordered that the Clerk and master execute a deed of conveyance
to the purchaser for the lands that the Clerk and master after 
deducting the costs of this suit from the purchase money that he 
distribute the balance of the purchase money agreeable to the prayer of
the petition and it is further ordered that the Clerk and receive the 
sum of five dollars for service in selling the land and make title.


Angus Chisholm & other petition: The proceeds of the sale of land to be
distributed in the following way:
Amount of sale:
$100.00
Deducted bill of cost: $7.85 

$ 92.15 or $12.02 ½ each


John Chisholm
Children and wife of Malcolm C. $12.02 ½
Daniel Chisholm and Mary Chisholm

Angus Chisholm's part $12.02 ½

Daniel Chisholm's at law $12.02 ½


Calvin J. Chisholm
Mary A. Chisholm
Children of Jno Chisholm $12.02 ½

James McMillan and wife
Rachel McMillan $12.02 ½


John Morrison and wife
Mary Morrison $12.02 ½


$92.15