David Howell

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Chancery Suits

SHC Chancery Suit Edwards vs Howell 1846

EDWARDS                       }
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.    VS                               }Bill & Ansr
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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.

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VS        }Decree

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