SOUTHAMPTON COUNTY, VA - COURT - Chancery Case: RAIFORD v. RAIFORD et al., 1878 ----¤¤¤---- Southampton Co., VA, Chancery Court Papers, 1878-039 RAIFORD vs. RAIFORD et. al. [indexed as Allen RAIFORD v. Martha RAIFORD etc.; however, it involves the division of the estate of Allen RAIFORD, first by eldest son Henry seeking a division of the estate and a guardian ad litem for his minor siblings (Martha &c), then by pursuit of the debt of the purchaser, Mary B. (widow of Henry & Martha's uncle Henry D.) BAILEY. abstracted by Matt HARRIS [brackets, line breaks & surname capitalization mine] Library of Virginia Archives Research Room [brief #1] [notes on back] 553. RAIFORD } Bill vs } Answers RAIFORD &c} & Decrees Shugars LAIN 1866 Nov. decree as filed # " Decr 17 Rep.t 1867 Jany: Rep.t Conf.e 1870 Feby- Decree to collect - [1st page of 3] To the worshipful County Court of Southampton County - In Chancery sitting - Humbly complaining sheweth unto your worships, Your Orator Henry RAIFORD; That your Orators father Allen RAIFORD was in his lifetime seised and possessed of certain real estate lying in the County of Southampton, bounded by the lands of Henry D BAILY, Thomas BOWERS &c. said to contain 18 acres more or less, and being thereof so seized and possessed, some time in the year [blank] departed this life intestate, leaving your Orator, Martha RAIFORD, Equilly, Rebecca, and Milton RAIFORD his only children and heirs at law - That the said Martha, Equilly, Rebecca and Milton RAIFORD are infants, under the age of twenty one years - and that your Orator further charges, that the said real estate is not susceptible of division in kind amongst the parties, and your Orator therefore desires that the same may be sold and the proceeds of sale divided amongst the parties entitled. And your Orator further charges that the said real estate is worth much less than three hundred dollars per share In tender consideration of the premises, and inasmuch as your Orator is without remedy save in a Court of Equity, when such matters are peculiarly Cognizable and relievable, your Orator prays, that, Martha, Equilly, Rebecca, and Milton RAIFORD, be made parties dependants ["all infants" inserted between lines], to this bill, and required to answer the allegations thereof, and that a proper guardian ad litum [underlined] be [page break] [2nd page of 3] appointed to defend their interests in this suit, that the said real estate may be sold and the proceeds of sale equally divided amongst the parties entitled, and grant such other and general relief as the nature of the Case may require, or to Equity that to seem meet, And your Orator will ever pray &c PRETLOW J C[?] The answer of Martha, Equilly, Rebecca and Milton RAIFORD infants under the age of twenty one years, by L R EDWARDS their guardian ad litem [underlined] assigned to defend their interests in this suit to a bill exhibited vs them by Henry RAIFORD - These defendants, saving and reserving & for their answer, say that being infants under the age of twenty one years, they beg leave to submit their intersts in this suit to the protection of this worshipful Court and having answered pray hence to be dismissed - D - L R EDWARDS Gd.n ad lit. [page end] [3rd page of 3] RAIFORD } vs } Decree RAIFORD &c} This cause this day Came on to be heard on the bill of the Plaintiff, answer of the infant defendants by F[sic] R EDWARDS their guardian ad litem [underlined], general re[-]ications thereto and was argued by Counsel - On Consideration whereof, the Court doth adjudge order and decree that W.m H PRETLOW who is hereby appointed a special Commissioner for this purpose, proceed to sell, after giving at least twenty days notice of time and place of sale, to the highest bidder at public auction, the real estate in the proceedings mentioned, of which Allen RAIFORD died seized and possessed, And that he sell ["said"; smudged] on the following terms, to wit, sufficient in cash to defray expenses of suit and sale, the balance on a credit of six months, taking from the purchaser bond with approved security, title to be retained until the purchase money is paid, which bond together with a report of his proceedings under this decree is to be returned to this Court - But the said Commissioner is not to execute the provisions of this decree until he shall have given bond with good and sufficient security, in the Clerks offices of this Court, in the penalty of $200- payable to the Commonwealth of Va, Conditioned for the faithful performance of the duties herein assigned him, and of any future orders of this Court in this Cause - [page end] [brief #2] [notes on back] RAIFORD } vs } Report RAIFORD &c} 1866 Decr 17 Clerks fees $5. paid [1st page of 2] RAIFORD } vs } Report RAIFORD &c} In obedience to a decree of the County Court of Southampton County made at its November term 1866 in this cause Your Commissioner after giving twenty days notice of time and place of sale, actually sold on the 15.th day of Dec, 1866, the real estate of which Allen RAIFORD died possessed, and that Mrs Mary B. BAILEY became the purchaser for the sum of $40.00, and that after Underrating expenses of suit and rate which was $20.00, for the balance of $20.00 he took from the purchaser bond with James W FREEMAN as security, which with this report is returnd to Court, all of which will now more fully appear by the following statement - Amt. Sale $40.00 Attys. fee $15.00 Clerks' fee $ 5.00 Bond returned 20.00 [totals] 40.00 $40.00 Respectfully submitted W.m H PRETLOW [page end] [brief #3] [notes on back] RAIFORD } vs } Decree RAIFORD &c} 1870 Feby C.t 3 RAIFORD } vs } Decree RAIFORD &c} This cause this day Came on again[?] to be heard on the papers formerly read and on the report of ComSs.PRETLOW made pursuant to a decretor order entered in this cause at the November term 1866, and the Court confirming the same doth adjudge, order and decree that W.m H PRETLOW who is hereby appointed a Special Commissioner for this purpose, proved[?] to Collect the bond of $20.00 vs Mary B BAILEY & Joseph W HART (which the Clerk is directed to bond to him) and of the collection so made, to first pay any expenses that may have been incurred in this Cause since the entering of the last decree, and the balance to distribute amongst the parties entitled [page end] [1st page of 1 (Image #200)] George the third by the grace of God [torn] at Britain France and Ireland king [torn- 'def']ender of the faith &c To the Sherif of Southam['pt']on [torn] County greeting We command You that y['ou'- torn] summon John GWIN administrator &c of J['am']es [torn] BASDEN dec'd & James BASDEN the Son & heir a['t l']aw [torn] of the Said James BASDEN dec'd to ap['pea']r [torn] before our justices of our Said County co['urt'- torn] at the Court house of the Said County on the Se['con']d [torn] thursday in July next to answer a bill ['in'- torn] chancery exhibited against him by M['art']ha [torn] BASDEN & have then there his writ wit['h'- torn] Richard KELLO Clerk of our Said court a['t the'- torn] courthouse Aforesaid the eighte['en']th [folded] day of J['une'?- torn] in the eleventh Year of o['u']r [folded] Reign R KELLO Cl [brief #4] [notes on back] Rec'd of the Clerk of Court the 21.st October 1878 the within bond, against Mary B BAILEY & Joseph W HART for the sum of Twenty Dollars, due 15.th Jun 1867, with interest from 15.th Dec, 1866 W.m H PRETLOW [Pre-drawn 'form' written in bold ink; filled in lighter pen] Know all men by these Presents that we are held and firmly bound unto the Commonwealth of Virginia in the just and full Sum of Dollars current money of Virginia, to the payment where of well and truly to be made we bind ourselves our heirs, executors and administrators jointly and Severally firmly by these Presents, Sealed with our Seals and dated this <24> day of A.D. 186<6> The Condition of the above obligation is Such that if the above bound shall faithfully discharge the duties of his said Office or trust according to law Seal Seal Seal Seal [page end] ___________________________________________________________________ Copyright. 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