Southampton County Virginia USGenWeb Archives Court.....Edwards v. Howell, 1848 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton Co. Chancery Case 1848-037 Robert G. Edwards v. Anthony M. Howell et als. EDWARDS } VS }Bill & Ansr } HOWELL 1846 May Decree and ?????? 1846 July Report 1846 Aug Conf 1847 July Order to Deliver bonds To the worshipful County Court of Southampton In Chancery sitting Your complainant Robert G Edwards humbly shows that some years since David Howell of the county of Southampton departed this life in testate having a widow Susannah Howell and the following heirs of his body, to wit; Anthony M Howell, Robert Howell, Edwin Howell, Lemuel Howell, Ann Maria Howell who has intermarried with Lemuel Britt and Mary Ann Howell who has intermarried with Peter Ferguson; and that a tract of land lying in the county of Southampton containing about five acres was assigned to the said Susannah Howell as a part of her claims in the estate of her deceased husband David Howell; that the said tract of land lying on Blackwater river is bounded as follows: to wit; beginning at a chinquapin stump near the South East corner of the Bait Band warehouse at Franklin on the bank of the Blackwater river, thence to the county road, and along the said road across the run of the branch to Col. Hardy Cross line; thence along the said Col. H Cross line to Jno B. Jenkins line thence along the said Jno B. Jenkins line to the Blackwater river, thence down the said river along the various courses thereof to the beginning. Your complainant would further state that some short time since he purchased the life estate of Susannah Howell in the said tract of land as willfully appraised by the deed of conveyance enter to by the said Susannah Howell to him and now of record in the Clerks office of the county of Southampton and under this purchase he is now in possession of the said tract of land; and that at the same time he purchased the reversionary interest of Edwin & Lemuel Howell and of Peter Ferguson & his wife Mary Ann, as will appear by the deed executed by the said parties to him and entered of record in the Clerks office of the said county of Southampton and that he is now entitled to the whole of the said land during the life of Susannah Howell and to one half of the estate in remainder after her death; he states that the reversionary interest of the heirs is now and always worth very little, and that it would be to the mutual advantage of all interested that the reversionary estate, that is the estate in remainder after the death of the said Susannah Howell in the said land should be sold. Your complainant is advised that he can come into their worshipful court and pray a sale of the said estate in remainder and a distribution of the proceeds of sale among the parties interests according to their respective rights, that is among your complainant, Anthony M. Howell, Robert Howell, and Lemuel Britt & his wife Ann Maria. In consideration of the promises and in as much as your complainant is without remedy at law, he prays that Anthony M. Howell, Robert Howell, Lemuel Britt & Ann Maria his wife, he made parties deft(sic) to this bill: Your complainant prays the usual writ of subpoena and as is duty bound will ever pray. Chambliss & Massenburg The answer of Anthony M. Howell, Robert Howell, and Lemuel Britt & Ann Maria his wife---- These defts (sic) saving & for answer to the said above bill, say that they believe the parts contained in the said bill are true, and that a sale of the estate in remainder and a proper distribution of the proceeds would be to the interest of those entitled, and having answered pray siner to be dismissed the court. EDWARDS } VS }Decree } HOWELL This day this cause came on to heard by consent in the bill and answer and was argued by council on consideration where of the court doth order, adjudge, and decree that Allen Edwards who is hereby appointed a special commissioner of this court after adjusting the time and place of sale for ten days at the courthouse and two or more publick (sic) places in the vicinity of said land described in the bill, proceed to sell the said reversionary interest in the said land after the death of the said Susannah Howell, to the highest bidder, and that he resume so much in cash as will pay the expenses of this decree and for the balance of the proceeds of sale he take s?? equal ?inds with the good security payable in six months and return there to this court in order for a final decree. Received July 10, 1846 of the Clerk of Southampton County Three of the bonds assumed by the Commissioner in due Cause amounting to sixty one 68 2/3/100 each being my proportion of the sales. Ro. G. Edwards Received Aug 14th, 1847 of the Clerk of Southampton. A bond returned with the within report for $61.68 2/3/100 dollars being for my proportion of the sale. A. M. Howell Received__________of the Clerk of Southampton of the bonds ???? by the Commissioner in this cause amounting to $61.68 2/3/100 each being for the proportions of said sales. Southampton County May Court 1846 EDWARDS } VS }Decree } HOWELL This day this case came on to be heard by consent on the bill I answered and was argued counsel on consideration whereof the land doth order adjudge and decree that Allen Edwards who is hereby appointed a special commissioner of this Court after adjusting the time and place of sale for ten days at the court house and two or more public places in the vicinity of said land described in the bill proceed to sell the said reversionary interest in the said land after the death of Susannah Howell to the highest bidder and that he reserve so much in cash as will pay the expenses of this decree and for the balance of the proceeds of sale he take on equal bonds with good security payable in six months and return them to this court in order to a final decree. A Copy Teste L. R. Edwards C C Agreeable to the above decree. I have proceeded to use at public auction the reversionary interest in the part and parcel of the tract of land of which David Howell dec’d seized and possessed, lying on Blackwater river at the B. B. warehouse, be ???? the county, so do and Jno Jenkins land supposed to contain Five Acres more or less and Jno B. Jenkins became the purchaser for $400.00. I have deducted for charges. Lawyers Fee $10- Clerks do 2.38 Coms on 300 @ 50c per 100 @ 2 ˝ pct 17.50 Six bonds & cash $1,168 2/3 370.12 400.00 For which Balance I have taken six equal bonds $61.68 2/2 and, with security. All of which is herewith respectfully submitted - June 1846 - Allen Edwards EDWARDS } VS }Decree } HOWELL This day this cause came on to be finally heard and it is decreed the the (sic) commissioner make a deed conveying the said reversionary interest to John B. Jenkins The Clerk of the Court of Southampton County Virginia - Will please deliver to John B. Jenkins the two bonds against him in the clerks office of sixty one dollars and 68 2/3 cents cash payable to Allen Edwards Comm. for the sale of five acres of land sold at or near Franklin in which David Howell lived dec’d seized and possessed & being part of the sold tract we bring the ??????? of David Howell and have sold all our rights and titles to the said John B. Jenkins in all of that tract of land including Those five acres and this shall be a ________ for the _________. December the 1847 His Witness Robert X Howell Mark A Riddick His A Riddick Lam X Britt Mark Her Ann Mariah X Britt Mark [The Library of Virginia (LVA), Richmond, VA Southampton Co. Chancery Case 1848-037 LVA Microfilm Reel #441; Local Reel #766; Image #726(+>>)] [At a Court of Monthly Sessions held for the County of Southampton at the Courthouse thereof on the 18~ day of May 1846] Robert G. Edwards pltf } } Against } In Chancery } Anthony M. Howell, Robert Howell, Lemuel Britt and } Ann Maria, his wife dfts } This day this cause came on to be heard by consent on the bill and answer and was argued by consul on considerations where of the court debts order, adjudge, and decree that Allen Edwards, who is hereby appointed a special commissioner of this court after advertising the time and place of sale for ten days at the courthouse and two or more public places in the vicinity of said Lands described in this bill, proceed to sell the said reversions any interest in the said Land after the death of the said Susannah Howell to the highest bidder and that he reserve so much in cash and will pay the expenses of this service and for the balance of the proceeds of sale he take six equal bonds with good security payable in six months and return them to his trust in order to a final decree. [Southampton Co., VA, Order Book 1843-1849, pp. 399-400] Contributed for use in USGenWeb Archives by Keith Howell. m0aje@yahoo.com and edited by File Manager.