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Marshall Family Records


Copied, transcribed and shared by Connie Marshall Thompson from the North Carolina State Archives with this message:

" I hope these documents help others as much as they have helped me. "

Please contact Connie for more information.



Superior Court of Alamance County: Estate of Joseph Marshall, 9 Mar 1880
Alamance County Estate Records 1856-1949, Joseph Marshall, 1879

Superior Court Alamance County
Petition for sale for partition

Jacob Andrew and wife Nancy, Tho. Marshill, Jonathan Marshill and William Marshill
 vs
Alfred Marshill,  Joseph Marshill and John Marshill

    The petition of Jacob Andrew and wife Nancy, Thomas Marshill, Jonathan Marshill, and William Marshill, respectfully showeth unto the court:

1.   That Joseph Marshill. late of Alamance County, died intestate during this year 1879, leaving him surviving the following married children and heirs at law, to wit: Nancy, intermarried with Jacob Andrew, Thos. Marshill Jonathan Marshill, William Marshill, Alfred Marshill, Joseph Marshill and John Marshill, all of said children and heirs at law being parties unto.

2.   That the said Joseph Marshill died seized in fee and possessed of about one hundred and ten acres of land, situate in Newlin township, Alamance county, North Carolina, on the waters of Cain Creek, adjoining the lands of (?) Kate Roberson, D. A. Moon and others which descended upon his said children as heirs at law, and is now bound and held by them as tenants in common.

3   That owing to its number of tenants in common, the size of said tract of land, and its (?) with respect to timber and cleared land, and its condition generally, actual partition thereof cannot be had without great injury to the interest of some or all of said tenants in common.

4.   That said petitioners are desirous of having their interest there in in severalty, and to that and they pray an order of this court directing the sale of said tract of land
upon such terms as to the court shall(?) best calculate to serve the interest of all its tenants in common, and that a commissioner be appointed to make said sale, and your petitioners will as in duty, bound ever pray.

E S Parker
attorney for petitioners

Jacob Andrew  being duly sworn says that he has heard the fore going petition read and that it is true of his own knowledge sum and (?) matters ? ? ?
on information and belief and as to them he verily believes it to be true.

? ?  ?
before me this 9th day
of March 1880
W G Stockard J.P



Affadavit of E. S. Parker that Defendants are NC non residents
Alamance County State Records 1856-1949, Joseph Marshall 1879
 

Superior Court, Alamance County


Jacob Andrew and wife Nancy,

Thomas Marshill,
Jonathan Marshill and
William Marshill
 vs
Alfred Marshill
Joseph Marshill and
John Marshill

    E. S. Parker being duly sworn, says that he is informed and does verily believe that the defendants in this special proceeding to wit, Alfred Marshill, Joseph Marshill and John Marshill, are nonresidents of this State and that they reside in the State of Missouri, and have so resided for some years.

Sworn to and subscribes E. S. Parker
before me this 5th day of January 1880

 A Tate C. S. C.
 



Alamance County Superior Court: Summons for Relief
Alamance County Estate Records: 1856 -1949, Joseph Marshall, 1879
Xerographic Copy by NC State Archives
20 Sep 2007

Alamance County:---In the Superior Court.
Summons for Relief.

Jacob Andrew and wife Nancy, Thos Marshill Jonathan Marshill and William Marshill

 Against

Alfred Marshill, Joseph Marshill and John Marshill

The State of North Carolina,
 To the Sheriff of Alamance County—GREETING.

YOU ARE HEREBY COMMANDED, To Summon Alfred Marshill, Joseph Marshill and John Marshill
the Defendents above named, if they be found within your County, to appear at the office of the Clerk of Superior Court for the County of  Alamance , within
21 days after the service of this summons on these, exclusive of the day of such service, and answer the complaint, a copy of which is served with this summons,
and let them take notice that if they fail to answer the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint.
 Hereof fail not, and of this summons make due return.

Given under my hand and seal of said Court, this Second day of January , 1880?.   A Tate

Clerk Superior Court Alamance County.

Cover of the Summons says the following:
Jacob Andrew and wife
Nancy, Thomas Marshill
Jonathan Marshill
and William Marshill

Summons for Relief,

Returnable within 21 days into the office of the Clerk of the Superior Court for Alamance County.

Received Jaruy? 3, 1880.
Served  , 187
None of defendants in my county, but they all reside in Missouri as I learn
Fee   Milage
  $
Jas T Hunter
 Sheriff of Alamance

E. S. Parker  Ptff’s. Atto.



Superior Court   Alamance County Order

Jacob Andrew and wife
Nancy, Thomas Marshill
Jonathan Marshill and
William Marshill
 vs
Alfred Marshill
Joseph Marshill
John Marshill

   Upon noting the return of the sheriff and reading and filing the affidavit of E. S. Parker it appearing to the satisfaction of the court that Alfred Marshill, Joseph
Marshill and John Marshill are non-residents of this State, it is our motion ordered:

That service of summons be had upon them by publication in The Alamance Gleaner, a weekly newspaper, published in the town of Graham,
for six successive weeks.

Done at office in Graham
January 6th 1880
  A Tate C.    S. C.
 


Superior Court: Alamance County

Jacob Andrew and wife
Nancy, Thos. Marshill
Jonathan Marshill and
William Marshill
 vs
Alfred Marshill
Joseph Marshill
John Marshill

   It appearing to the satisfaction of this court that all necessary parties are made to this proceeding and that service of summons has been had upon defendants and that the time designated then is within which they were to answer of demur has expired, and that defendants have not answered, demurred, or put in an appearance, either in person or by attorney, it is now on motion of E. S. Parker, atty for plaintiff petition
??,??,??:

1 That the land described in the petition be sold for partition.

2 That said sale be made on the premises after advertising time and place of sale for thirty days at the courthouse door and four other public places in the county of Alamance; That the terms of said sale be as follows:
One half cash, the balance in one year, secured by bond, carrying interest from day of sale, and that the title be reserved the final payment of purchase money.

3 That W. J. Stockard  ? and he is hereby appointed a commissioner of this court to make the sale herein ordered.
4 That said commissioner report his proceedings under this order and that this  ? be retained for further orders.

Done at office in Graham, this
the 31st day of ? 1880.
   A Tate
C. S. C. Alamance County
 



Superior Court: Alamance County Report of Sale of Joseph Marshill Lands

Jacob Andrew and wife Nancy
Thomas Marshill, Jonathan Marshill, and Wm Marshill
      vs
Alfred Marshill Joseph
Marshill and John Marshill

The undersigned commissioner of this court, begs leave to report, that in pursuance of an order of this court made in the above titled proceeding he sold the land mentioned and described in the petition on the first Monday in May the premises, where and when Johnson O. Andrew became the last and best bidder and said land was knocked down to him at the price of two hundred and fifty one ($251.) dollars and that he complied with the terms of said sale as prescribed in said
order of this court. That said land brought a fair price.

All of which is respectfully submitted.
May 4 1880  W. J. Stockard Comr.
By E. S. Parker, atty.



W. J. Stockards Account of Joseph Marshill Land Sale
Alamance County Estate Records

W. J. Stockard, Comr to sell Marshill land, in account.

Land sold for                      251.00
 Justice bond                         7.53
 

By bill of cost pd, clerk         37.75
Taxes                                     3.25
                                            40.00
                          40.00
For partition     218.53

1/7th to a share sold each   $31.22
 

Written across the above writing is the following statement:

Recd. Two shares
Joseph E. Marshills and Alfred Marshills $62.44.

This Aug 16 1881
 E. S. Parker

Written on a separate sheet of paper is the following:
Oct 10. 1881
Sent checks


 

Superior Court Alamance County
Special Proceeding

Jacob Andrew and wife Nancy,
Thomas Marshill, Jonathan Marshill and William Marshill
  vs
Alfred Marshill, Joseph Marshill
and John Marshill

    This is a special proceding for the sale of lands descending from Joseph Marshill dec’d upon the parties as tenants in common. The defendants are
non-residents of the State and publication in this paper for six successive weeks in lieu of personal service of summons upon them is ordered; and after such service, if they fail to appear, and answer or demur within 21 days, judg’t. will be taken pro confesso against them.

1.7.80. A. TATE C. S. C.



Copy of the advertisement:

E. S. Parker being duly sworn says that he is the ? ? proprietor of The Alamance Gleaner a newspaper published weekly in the town of Graham, and that the publication, a printed copy here to attached, appeared in said newspaper for six successive weeks, beginning with the issue of the 7th of January 1880.

E. S. Parker

Sworn to and subscribed
before me the 31st day of
Marsh 1880
 A Tate C. S. C.



Office of E. S. Parker
 N.C.

Harveysburg Ind
July 26 – 1881

Mr. Parker
  Dear Sir
We have complied with all your requests and now want to you to send the money as soon as possible

 oblige

Joseph E. Marshall
Alfred Marshall


Rockville Ind
 Sept 10-1881

E S. Parker Esq
 Grayham  N.C.

Dr Sir
I send to you a power of attorney to draw my portion of money due me from my Fathers Estate – reported to me to be $31.22 out of which you are to retain $2.50 and send me the balance –
  Resp You –
  John Marshill
 


Superior Court Alamance County

Jacob Andrew and wife Nancy

Thomas Marshill, Jonathan

Marshill and Wm Marshill

            vs

Alfred Marshill, Joseph

Marshill and John Marshill

                                                Upon reading and filing the report of sale made by W. J. Stockard, Comr. by order of this court in the above titled proceeding heretofore made, and it appearing to the satisfaction of the court that the land described in this petition brought a fair price and that the purchaser has complied with the pre- scribed terms of sale, it is now on Motion if E. S. Parker, petitioners, plain- tiffs, attorney, ordered that said sale be and is hereby in all respects confirmed that the said court collect purchase money yet unpaid, and he is authorized to collect the same at any time as well ? as after maturity. That of the proceeds of the sale of said land he first pay its cost of this proceeding including $10. to himself as comr. and $5.00 to  E. S. Parker atty. for drawing deed, and also $10.00 to E. S. Parker atty, for services in filing petitions, Procurring order of same and confirmation thereof. That the remainder of said proceeds of sale of said land be divided into seven equal shares to be paid out as follows: one share to Jacob Andrew and wife Nancy and one share each to Thomas Marshill Jonathan Marshill, William Mar- shill, Alfred Marshill, Joseph Marshill and John Marshill, the same being with respect top their several interests in said land described in said petition. Done at office

in Graham the 26 day of Jun? 1880                                A Tate C. S. C.                    Alamance County


Superior Court: Alamance County

Jacob Andrew and wife    Nancy, Thos. Marshill    Jonathan Marshill and    William Marshill

            vs

Alfred Marshill        Joseph Marshill        John Marshill.

It appearing to the satisfaction of this court that all necessary parties are made to this proceeding and that service of summons has been had upon defendants and that the time designated then is within which they were to answer of demur has expired, and that defendants have not answered, demurred, or put in an appearance, either in person or by attorney, it is now on motion of E. S. Parker, atty for plaintiff petition ??,??,??:

1 That the land described in the petition be sold for partition.

2 That said sale be made on the premises after advertising time and place of sale for thirty days at the courthouse door and four other public places in the county of Alamance; That the terms of said sale be as follows: One half cash, the balance in one year, secured by bond, carrying interest from day of sale, and that the title be reserved the final payment of purchase money.

3 That W. J. Stockard  ? and he is hereby appointed a commissioner of this court to make the sale herein ordered.

4 That said commissioner report his proceedings under this order and that this  ? be retained for further orders. Done at office in Graham, this the 31st day of ? 1880.                           A Tate C. S. C. Alamance County