SOUTHAMPTON COUNTY, VA - COURT - Barnes V. Barnes et al., 1909 ----¤¤¤---- Southampton Co., VA, Chancery Court Papers, 1909-010 abstracted by Matt HARRIS [brackets, line breaks & surname capitalization mine] Library of Virginia [LVA], Richmond, VA (LVA Reel No. 274, Southampton Reel No. 690, Image Nos. 758-766, Index No. 1909-010) [LVA manila folder; Image #758] 1909_10 Southampton County Chancery BARNES, Jno C Vs BARNES, Benj. et al et als RAIFORD, Louisa J. BARNES, Jos. H. BARNES, Walter M. To divide property or sell and divide proceeds. [brief #1, Bill of complaint; 3 sheets of lined paper, with docket notes on the back of the third page] [notes on back; Image #759] 1909- In Chancery BARNES &c vs { Bill &c BARNES et als. 1894 1.st Oct Rules filed T.M.H. C.C. [in different hand & pen] Dis 2 Oct Rules [page end] [1st page of 3; Image #760] To the Hon. C.W. HILL, Judge of the Circuit Court of Southampton; In Chancery: Humbly complaining shew unto Your Honor, complainants Jno. C. BARNES and Louisa J. RAIFORD nee BARNES, that the said complainants and their brothers Benjamin M. BARNES, Jos. H. BARNES and Walter M. BARNES are jointly seized in fee simple of a certain tract or parcel of land Know [sic] as the lands of the late Johnson BARNES decd. and bounded and described as follows, to wit: That certain tract or parcel of land owned and occupied by the late Johnson BARNES dec'd. lying in the county of Southampton State of Virginia and containing 276 acres more or less and adjoining the lands of Edwin BRADSHAW, E.W. DAVIS and others. Your complainants further state that the said real estate is not, as they believe, susceptible of partition among the parties entitled thereto, and they would here state that the parties have endeavored to affect a division among themselves [page break] [2nd page of 3; Image #761] but are unable to come to any agreement, and your complainants therefor, find it necessary to seek the interposition of a Court of Equity. If the said real estate, however, should be divisible in Kind, then your complainants desire the same to be so divided, but, if it cannot be so divided then your complainants desire the same to be sold and the proceeds to be divided among the parties according to their respective rights. Should the property not be divisible in Kind, complainants believe, and here state, that the interests of those who are entitled to said real estate, or its proceeds, will be promoted by a sale of the whole of the same, or by an allotment of part and sale of the residue. Forasmuch therefor as your complainants are without remedy in the premises save by the aid of a court of Equity, they pray that the said Benj. M BARNES, Jos. H. BARNES and Walter M. BARNES may be made parties [page break] [3rd page of 3; Image #762] defendant to this bill and required to answer the same, though answer under oath is hereby expressly waived; that proper process issue, that the said real estate be divided among the parties entitled thereto, or else that it be sold subject to the dower of the widow of the said Johnson BARNES, and the proceeds divided in case it be indivisible in Kind, that all proper orders and decrees may be made, accounts taken and inqueries directed, and that all such other further relief may be granted as in the premises is just and right. And your complainants will ever pray &c. May it please the Court &c Jno. R. DOLES p.q. [page end] [brief #2- Summons to Defendants- printed form, filled by hand, with execution & docket notes on reverse] [notes on back, on one panel (of 3, created by folds); Image #763] BARNES &c v" } Sum BARNES &c 1894, 1st Oct Rules Cir. let. Sept. 26.th Executed Sept. 26.th 1894. by delivering a copy of this Sum.s to each of the Within Named parties, R.T. WILLIAMS dept for J.W. WILLIAMS Shff. DOLES [suffixed abbreviations illegible; ink blot] [page end] [printed subpoena; Image #764] The Commonwealth of Virginia, To the Sheriff of Southampton County, Greeting: We command you to summon to appear at the Clerk's Office of our Circuit Court of Southampton county, at the Rules to be holden for the said Court on the <1st> Monday in next, to answer a Bill in Chancery exhibited against <: them> in our said Court by And this shall in no wise omit under penalty of law. And have then there this writ. Witness, T. M. HOWARD, Clerk of our said Court, at the Courthouse, this <18.th> day of , 189<4>, in the 11<9>th year of the Commonwealth. Teste: C.C. [page end] [brief #3, Rules; one sheet of lined paper, with docket notes on back] [notes on back; Image #764] BARNES &c v" } Stat. Rules BARNES et als 1.st Oct Rules [page end] [Statement of Rules; Image #765] John C. BARNES and Louisa J. RAIFORD Pltff. nee BARNES. v" } In Chancery. Benj. M. BARNES, Jos H. BARNES and Walter M. BARNES. Deft 1894, Sept 18, Process issd to 1.st Oct Rules " 1.st Oct Rules. Process ret.d Executed Bill & Ex filed, Decree nisi.[?] " 2" " Bill taken for confessed & Cause set for hearing [page end] ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Matthew W. Harris Zoobug64@aol.com ___________________________________________________________________