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These transcriptions are made from a xerographic copy by the North Carolina
State Archives made 20 Sep 2007. The copies came from Alamance Estate Records
1856-1949 for the name Joseph Marshill, 1879.
Joseph Marshill was born 22 Apr 1794
in Orange County, North Carolina. I have not seen the record but this should
be shown in the Spring MM records for Orange County, North Carolina. He
is shown on the 1880 Alamance County North Carolina Mortality Schedule
as dying Sept 1879.
His first wife was Sarah Newlin or
Newland
on the Chatham County marriage bond (from your postings at Chatham
County Genweb) dated 29 Apr 1818 this should be in the Spring MM records
also. She supposedly died in childbirth at son Jonathan's birth
15 Feb 1819.
His second wife is Nancy from the
census records. Joseph's children I have not developed connections for
as of yet, excepting for Jonathan. William and Thomas, I believe
lived in Chatham County also.
Jonathan was born 15 Feb 1819 and died
29 Nov 1887. He married 28 Sep 1842 in Chatham County, Eunice Hadley.
She was born 13 Sep 1824 and died 12 Mar 1893. They are both buried at
South Fork Friends Church in Albright Twp, Chatham County.
-----------------------------------------------------------
Superior Court of Alamance County: Estate of Joseph Marshall, 9
Mar 1880
Alamance County Estate Records 1856-1949, Joseph Marshall, 1879
Xerographic Copy, 20 Sept. 2007, by North Carolina State Archives
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
Xerographic copy, 20 Sep 2007, by NC State Archives
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.
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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.
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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 hisproceedings 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
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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.
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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
40.0
40.00
For partition 218.53
1/7th to a sharesold 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, andanswer 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 –
RespYou –
John Marshill
------------------------------------------------------------------------------------- Francis Marshall 1886 Alamance County Estate
Xerographic Copy 20 Sep 2007
by NC State Archives
Alamance County---In the Superior Court.
Marion C. Moon
vs
William Stout and others heirs at
law of Mildred Stout decd
William Roberts and others
heirs at law of Edny Roberts Summons
for Relief.
decd, Newton Moon and wife
Hannah A. George Allen Special Proceedings.
and wife Lydia, Netty Moon
and John Marshill A. W.
Roberts and wife Emiline
STATE OF NORTH CAROLINA,
To the Sheriff of Alamance County Greeting:
You are hereby commanded, To Summon William Stout and others, heirs
at law of Mildred Stout decd, William Roberts and others heirs at law of
Edny Roberson decd, Newton Moon and wife Hannah A., Geo Allen and wife
Lydia, Netty Moon and John Marshill the Defendants above named, if they
be found within your County, to appear at the office of the Clerk of the
Superior Court for the County of Alamance on the first day of May 1885,
and answer the complaint which will be deposited in the office of said
Clerk within ten days from the date of this summons: And let the Defendants
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.
Herein fail not, and of this summons make due return.
Given under my hand and seal of said Court, this 28 day of February
1885
A. Tate
Clerk Superior Court,
Alamance County.
Publication made for all but Newton Moon and wife Hannah A. and
Netty Moon.
(Note by Connie Marshall Thompson on 24 Nov 2007: )
The following portion of this page is on the original document typed
and written at a 90° angle to the sentence above written.
M. C. Moon
Against
William Stout and others
SUMMONS
Returnable 1st of May 1885 into the office of Clerk of the Superior
Court of Alamance County.
Received 28 Feb the 1885
Served 18 April 1885
By Making contents known by reading to Newton Moon and his wife Hannah
and Nettie Moon.
Fee $1.80
James T. Hunter Sheriff
Sheriff, By T. M. Holt Depp shff
Parker Pl’ffs. Atto.
---------------------------------------------------------------------------------------
Superior Court: Alamance County
Marion C. Moon, Petitioner
vs
William Stout and others, heirs at law of Mildred Stout, decd, William
Roberts and others, heirs at law of Edny Roberts, decd, Newton Moon and
wife Hannah A., Geo. Allen and wife Lydia, Netty Moon, and John Marshill,
respondents and A. W. Roberts and wife Emiline.
Petition for sale of land for partition.
The petition of Marion C. Moon respectfully ? unto this
Honorable Court:
1
That he and the respondents are tenants in common of the following tract
or parcel (of land) to wit: A tract situate in Newlin township, Alamance
County near Cain Creek and North of said creek adjoining the lands of John
Thompson, John D. McPherson and Jonathan Thompson, containing ninety six
acres more or less being the same whereon Francis Marshill lived for many
years and ? ? ? and now occupied by his widow and the same which
descended upon his first wife of the said Francis Marshall from her father.
2
That the interest of said tenants in common in and to said tract of land
is as follows respectively: The petitioner M. C. Moon owns one fourth undivided
interest therein; the heirs at law of Mildred Stout eight one hundredths
(8/100) interest therein; the heirs at law of Edny Roberts own eight one
hundredths (8/100) therein; John Marshill owns twenty eight one hundredths
(28/100) therein; and Hannah A. wife of Newton Moon, Lydia J. wife of George
Allen, and Nettie Moon, own between them twenty eight one hundredths (28/100)
therein; Emiline wife of A. W. Roberts three one hundredths (3/100).
3
That of said tenants in common all of full age except Nettie Moon who is
an infant without guardian, living in Alamance County and one of the heirs
at law of Mildred Stout, who lives in the state of Missouri is also an
infant without guardian in this State. petitioner ask that guardian ad
litum be appointed for said infants.
4
That actual partition of said land among said tenants in common cannot
be made owing to their respective interests the small quantity of land,
and the great number of shares into it is to be divided, and the location
of timber and the buildings.
5
That your petitioner desires to have and ? his interest in said land.
6
That the names of the heirs at law of Mildred Stout deceased and of Edny
Roberts decd, are unknown, soon as given, and cannot after inquiry be ascertained
by petitioner he asks to insert their proper names when ascertained. in
severalty,
7
That the widow of the late Francis Marshall is entitled to dower and a
certain interest in said land, one fifth as petitioner is advised. Wherefore
your petitioner prays this Honorable Court to order a sale of said land
upon such terms as to the court shall deem just and proper, to Us?. and
that the proceeds arising from said sale may be divided among said tenants
in common according to their interest respectively in said land and your
petitioner is in duty bound will ever pray.
E. S. Parker
atty for petitioner
M. C. Moon the petitioner being duly sworn says that the foregoing
petition is true of his own knowledge and ? as to motion therein stated
on information and belief and as to this he verily believes it to be true.
sworn and subscribed
before me, this the 28 M. C. Moon
Feby 1885
A. Tate, C.S.C.
-----------------------------------------------------------------------------------------
Superior Court: Alamance County
Marion C. Moon
vs
William Stout, and others the heirs at law of Mildred, daughter of
Frank and Annie Marshall, intermarried with John H. Stout names unknown;
William Roberts, and others, heirs at law of Edny, daughter of Frank and
Annie Marshill, intermarried with A. W. Roberts and names unknown, but
all of full age; Geo Allen and wife Lydia J., Nettie Moon; John Marshill,
all of full age except Nettie Moon and infant. A. W. Roberts and wife Emiline.
Marion C. Moon the petitioner being duly sworn says that all of the above
named respondents except Nettie Moon and wife of Netty Moon are non residents
of this State, and live in different western States, and cannot be found
in this State after diligent search and inquiry and they are all necessary?
parties to this special proceeding, it being for the sale of land
for petition and they all being tenants in common with the petitioner of
said land.
------------------------------------------------------------------------------------------
Order for Publication
Superior Court Alamance County
M. C. Moon Special proceeding to sell
land for petition
vs
William Stout and others
Upon reading and filing the affidavit of M. C. Moon, it is shown to
the satisfaction of the court that all of the respondents save Newton Moon
and wife Hannah A. and Netty Moon are non residents of this State and cannot
after diligent search be found and that they are necessary parties to this
proceeding it is therefore ordered that publication of the summons in this
proceeding be made for six successive weeks in “The Alamance Gleaner” and
that said publication when made shall be in lieu of and ? to be service
of commons upon all of said nonresident respondents.
Done at office in Graham this the 28th Feby 1885
A. Tate C.S.C.
--------------------------------------------------------------------------------------------
Superior Court: Alamance County
Marion C. Moon
vs
William Stout and others, heirs at law of Mildred Stout, decd, William
Roberts and others heirs at law of Edny Roberts, decd, Newton nMoon and
wife Hannah A. Geo Allen and wife Lydia, Nettie Moon and others.
It appearing to the court that Nettie Moon and one of the heirs at
law of Mildred Stout are infants without guardian, and summons having served
upon them, and they being necessary parties to this proceeding, the court
upon the request in writing of petitioner does hereby designate and appoint
Stephen G. McLean as guardian ad litum for such infant respondents.
Sone at office in Fraham this the 1st day of May 1885.
A. Tate C.S.C.
----------------------------------------------------------------------------------------------
Superior Court: Alamance County
Marion C. Moon
vs
William Stout and others, heirs at law of Mildred Stout, decd, William
Roberts and others, heirs at law of Edny Roberts, decd, Newton Moon and
wife Hannah A., Geo Allen and wife Lydia, Nettie Moon and others.
S. G. McLean as guardian ad litum of Nettie Moon and the infant heir-at-law
of Mildred Stout, the infant respondants, answers to the petition:
1 That the matters and things set out in the petition are true so far
as said guardian ad litum knows or has reason to believe, and he does verily
believe that said petition is true- in every material part- thereof- and
the same is admitted. Stephen G. McLean
Guardian ad litum
Stephen G. McLean, the said guardian ad litum, being duly sworn says,
that the foregoing answer is true of his own knowledge except as to matters
therein stated on information and belief
and as to this he verily believes it to be true.
Sworn to and subscribed before me, this the 1st day of May, 1885.
A. Tate, C.S.C.
------------------------------------------------------------------------------------------------
Superior Court: Alamance County
Marion C. Moon
vs
William Stout and others heirs at law of Mildred Stout, William Roberts
and others heirs at law of Edny Roberts, Newton Moon and wife Hannah A.,
Geo. Allen and wife Lydia, Netty Moon and others.
Order of Sale
In this special proceeding it appearing that summons has been served
upon all respondants and that none have entered an appearance save the
infants who by their guardian ad litum admits the petition and the matters
therein set out, and it further appearing that the petitioner is entitled
to the order and decree prayed for, it is now on motion ordered, approved
and decreed, that the land mentioned and described in the petition, be
sold for partition among the tenants in common; that the sale be made at
the courthouse door, in Graham on the following terms: One half cash, the
other half at six months secured by bond carrying interest from day of
sale, title reserved till all purchase money is paid.
That E. S. Parker be and he is hereby appointed com’r of this court
to make the sale herein ordered. and said com’r shall report his proceedings
heremade to this court as required by law. That this proceeding stand for
further orders and directions.
Done at office in Graham, this the 1st day of May 1885
A. Tate, C.S.C.
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Evidence of Publication
“A copy of the newspaper advertisement is attached to this paper”
J. D. Kernodle, ? ? ?, says that the above notice was published in
the “Alamance Gleaner” for six successive issues, beginning March 5th,
1885 and ending April 9th, 1885.
J. D. Kernodle
Sworn and subscribed before me, This 1st day of June 1885.
A. Tate CSC
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Superior Court: Alamance County
Marion C. Moon Petitioner
vs
William Stout, and others heirs-at-law of Mildred Stout, decd, Wm Roberts
and others, heirs-at-law of Edny Roberts decd, Newton Moon and wife Hannah
A., Geo. Allen and wife Lydia, Nettie Moon, and others-
Report of Sale
The undersigned begs leave to report; That in pursuance of an order
of this Court heretofore made in the entitled Special Proceeding he sold
the lands described in the petition at the court house door in Graham on
this, the 1st day of June 1885, it being Monday, at public outcry to the
best bidder, when and where John Thompson became the last and highest bidder
and said land was knocked down to him at the price of five hundred dollars
and he complied with the terms of the sale by paying one half of the price
down and securing the other half by bond at six months with interest from
date.
That said lands brought a fair price.
Respectfully submitted. E. S. Parker
June 1st 1885. Comr
-------------------------------------------------------------------------------------------------
Order Confirming Sale and Final Order
Docketed in Book marked Orders and Decrees- pages 190 and 191
Superior Court: Alamance County
Marion C. Moon
vs
William Stout and others heirs at law of Mildred Stout, decd, William
Roberts and others heirs at law of Edny Robertrs dec’d, Newton Moon and
wife Hannah A., Geo. Allen and wife Lydia, Netty Moon, John Marshill A.
W. Roberts and wife Emiline.
In the special proceeding it appearing from the report of the commissioner
heretofore appointed to sell the land described in the petition that he
sold the same at the court house door in Graham, after due advertisement,
? day the first day of June 1885, when and where it was knocked down to
John Thompson at the price of Five hundred dollars and that he complied
with the terms of sale by paying one half the price down and securing the
other half by bond at six months; and it further appearing that said land
brought a fair price, and that the report of sale was filed on the first
day of June 1885 and that twenty days have elapsed and no exception thereto
have been filed. It is now on motion ordered and adjudged that said sale
be and the same is hereby confirmed. It is further ordered adjudged and
decreed that upon the payment of Thompson money in full, that E. S. Parker
as commissioner of this court execute deed in fee for said land to the
purchaser, John Thompson, and that said commissioner be authorized and
directed to receive the deferred payment of the purchase money at any time,
as well before as at Maturity of the bond. It is further ordered, adjudged
and decreed, that the said Commissioner out of the proceeds of said sale
first pay the cost of this proceeding, to include forty dollars for his
services as attorney and commissioner, and that the balance of the proceeds
of said sale to be distributed and paid to the tenants in common according
to their respective interest as set out in the petition, to wit:
To Marion C. Moon, the petitionerone fourth, to John Marshill twenty
eight one hundredths, to Hannah A. wife of Newton Moon, Lydia J. wife of
Geo. Allen, and Nettie Moon, twenty eight one hundredths, between them
in equal parts, to heirs at law of Edny Roberts deceased eight one hundredths,
to heirs at law of Mildred Stout eight one hundredths, and to Emiline wife
of A. W. Roberts three one hundredths. and that said commissioner so distribute
and pay out the same. It is further ordered adjudged and decreed that upon
the application of John Thompson the purchaser of said land, that writ
of possession for said land issue in his favor and against the tenants
in common, or those under them.
Sone at office in Graham this the 22nd of June 1885
A. Tate C.S.C.
Alamance County
------------------------------------------------------------------------------------------
Bill of Cash
M. C. Moon ? Sum 1.00
against Docketing Sum
.25
William Stout Sheff return
.10
and others Complaint and answer
.20
Report of Sale
.25
5 Affadavits 1.25
3 orders 1.50
Judth 1.00
10 copy sheets 1.00
$6.50
Jos. T. Hunter Shff 1.80
Gleaner 11.00
19.30
40.
59.30
250.87
59.30
191.57
250.00
4? 441.57
110.39
$110.39
________________________________________
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for the NCGenWeb Project
  
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