Wilson County NcArchives Court.....Harrell, Clayton, Et Al June 13, 1900
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Shay Nuckles GARDNL8D@YAHOO.COm October 14, 2009, 11:55 am

Source: Public Library In Raleigh, North Carolina
Written: June 13, 1900

STATE OF NORTH CAROLINA
WILSON COUNTY

Clayton Harrell by his guardian, )
Edith Harrell, George Harrell,   )
Riley Phillips, Dennie Webb,     )
Vesta Phillips, D. Webb,  Peter  )
Harrell, Vicey Harrell, Sallie   )
Webb, Amos Harrell, Cynthia      )
Harrell, Mills Harrell, Lucinda  )
Harrell, Alex Harrell, Fannie    )
Harrell, Wealthea Harrell,       )
Elisha Harrell, Tempsey Harrell, )
Jno. R. Harrell, Wealthea J.     )
Harrell,                         )
                                 )
          Plaintiffs             )
             -vs.-               ) 
                                 )
Willie Harrell, Battle Harrell   )
and Emma Harrell, the last two   )
infant defendants.               )

     TO THE CLERK OF THE SUPERIOR COURT OF WILSON COUNTY:
            Your petitioners respectfully show:

1st.  That Jesse Harrell, late of the County of Wilson, died on the 
___ day of ____________, leaving surviving him as his heirs at law the above 
named plaintiffs and defendants.

2nd   That the defendants, Battle Harrell, Emma Harrell and Willie Harrell are 
residents of the State of Virginia, and the said Emma Harrell and Battle 
Harrell are minors without testamentary or general guardian.

3rd.  That at the time of his death the said Jesse Harrell was seized and in 
possession of the following parcel of land lying and being situate in the 
county and state aforesaid on the south side of Autrey’s Creek, adjoining the 
lands of Dempsey Webb, Calvin Forbes and others, bounded as follows:  
Beginning at a stake and running east 92 poles to a pine, Dempsey Webb’s 
corner, thence South 174 poles to William Owens corner, thence easterly 2 
poles to a maple, Calvin Forbes’ corner, thence north to the beginning, 
containing one hundred acres, more or less.  Also one other tract of land 
lying and being in the county and state aforesaid and lies on the south of 
Autrey’s Creek, adjoining the lands of Linden Walston, Benjamin Moore and 
others, and bounded as follows:  Beginning at a pine, Dempsey Webb’s corner 
and runs west 92 poles to Kinchen Walston’s corner, cornering thence South 174 
poles to a maple standing in Pocosin, commonly called County spot and then 
east 92 poles to Hardy Burris’ corner, thence north to the beginning, 
containing by survey one hundred acres, more or less, and for a better 
description of the above described tracts of land see deed from William Owens 
to Jesse Harrell and deed from Hardy Burris to Jesse Harrell, both of which 
are recorded in the office of the Register of Deeds of Wilson County, in Book 
55, pp. 82-84

4th.  That the interests of all the plaintiffs and defendants are as follows: 
Clayton Harrell, one-thirteenth, George Harrell, one-thirteenth, Dennie Webb, 
one-thirteenth, Vesta Phillips, one-thirteenth, Peter Harrell, one thirteenth, 
Sallie Webb, one-thirteenth, Amos Harrell, one-thirteenth, Mills Harrell, one-
thirteenth, Alex. Harrell, one-thirteenth, Welthea Harrell, one thirteenth, 
Elisha Harrell, one-thirteenth, Battle Harrell one-twenty sixth, and Emma 
Harrell, one-twenty sixth.

5th.  That the said land is known as Pocosin land and is unfit for cultivation 
and valuable only for the timber standing thereon.

6th.  That on the account of the large number of heirs and the diversity of 
interests of the said plaintiffs and defendants an actual partition of said 
land cannot be made.

7th.  That the plaintiffs in this cause are desirus to hold their interests in 
said land severalty.

8th.  That it would be more advantageous to all parties concerned, especially 
the infant defendants, Battle Harrell and Emma Harrell and Clayton Harrell, to 
effect a sale of the said lands:

     WHEREFORE your petitioners pray:

1.  That you appoint some discreet person to represent as guardian ad litem 
the interests of the said infant defendants in this action.

2.  That a summons be issued to the defendants, Emma Harrell, Battle Harrell 
and Willie Harrell, commanding them to appear before this Court at such date 
as you may designate.

3.  That you appoint a Commissioner to make a sale of said lands at such date 
and on such terms as may appear proper to the Court.

                                    /s/ J. R. Uzzell
                                    Attorney for Petitioners

Amos Harrell, being duly sworn, deposes and says that he has read the 
foregoing petition and that the facts therein are true to his own knowledge 
except as to those facts as are stated on information and belief, and as to 
those he believes it to be true.

                                     ______________________________________

Sworn to and subscribed before me
this ___ day of ______, 1900.


_________________________________




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