North Carolina
Tyrrell County
Estate Papers at N. C. Archives
1902

Summons by the Superior Court of Tyrrell County to the Sheriff of Pamlico County dated 17 Sep 1902.
In the matter of S. E. Ainsley vs. Allice Hadder, W. T. Hadder, Victoria Toller, John Toller, Mary Everitt, Bob Everitt, Anny Rice, Jesse Rice, Missouri Tingle, John Tingle, Martin Barnes & Penny Barnes.
Summons for Annie Rice, Jesse Rice, Missouri Tingle, John Tingle, Martin Barnes & Penny Barnes to appear at court in Tyrrell County on 27 October 1902.

Summons by the Superior Court of Tyrrell County to the Sheriff of Craven County dated 17 Sep 1902.
In the matter of S. E. Ainsley vs. Alice Hadder, W. T. Hadder, Victoria Toller, John Toller, Mary Everitt & Bob Everitt & others..
Summons for Alic Hadder, W. T. Hadder, John Toller, Victoria Toller, Mary Everitt, Bob Everitt, Annie Rice, Jessie Rice, Missouri Tingle, John Tingle, Martin Barnes & Penny Barnes to appear at court in Tyrrell County on 27 October 1902.

Petition of S. E. Ansley dated 18 Oct 1902

North Carolina Tyrrell County
In the Superior Court before the Clerk

S. E. Ansley
vs.
Allice Hader W. T. Hader
Victoria Toller John Toller
Mary Everett Bob Everett
Annie Rice Jesse Rice
Missouri Tingle John Tingle
Martin Barnes Penie Barnes,

The plaintiff complaining of the deponent alleges:

1 That the plaintiffs and the defendants are the owners of and in the possession of that certain tract of land situated in Columbia Township Tyrrell County N.C. and bounded as follows: on the south by the Juniper Swamp on the east by lands of Ruben Barnes on the north by Johnson Ansley & others on the west by Johnson Ansley containing fifty six acres more or less, known as Billy Barnes land.

2 That the plaintiff S. E. Ansley owns one fourth of this said tract and the life estate of Clarisa Barnes widow of Billie Barnes. That Allace Hadder and husband W. T. Hadder owns one eighth of said land, Victoria Toller and husband John Toller own one eighth of said land. That Mary Everett and husband Bob Everett own one eighth of said land. That Annie Rice and husband Jessie own one eighth of said land. Missouri Tingle and husband John Tingle own one eighth of said land and that Martin Barnes and wife Penny Barnes own one eighth of the said land. That all the said interest is entitled or subject to the dower and homestead estate of Clarissa Barnes, now owned by S. E. Ansley.

3 That the plaintiff desires that this said land be partitioned so that he may have his interest in said land or the proceeds of same in severalty.

4 That owing to the location of said land and the small number of acres it will be almost impossible to divide the said land by actual partition, including the life estate of the widow and that the proceeds of the said sale be paid to the respective ? as their interest may appear.

5 The plaintiff prays that the said lands for partition among the tenants in commons by a commissioner appointed by the court, and that the proceeds be paid to the said claimants as there interest herein appears and for such other and further relief as the plaintiff may be in titled to.

T. H. Woodley Atty for Plaintiff

S. E. Ansley being duly sworns say that all facts and thing stated in said complaint of his own knowledge is true and that all those matters and thing stated on information and belief he believes to be true.

S. E. Ansley

Sworn to and subscribed to before me this the 18th October 1902.

T. H. Woodley J. P.

North Carolina Tyrrell County
Superior Court before the Clerk

S. E. Ansley
vs.
Allice Hadder and others

The defendants John Tingle & Missouri Tingle for answer to plaintiff complaint say:

1 That since the institution of this action Alice Hadder and husband W. T. Hadder, Victoria Toler and husband John Toler, Mary Evett and husband Bob Evett, Annie Rice and husband Jessie Rice, Martin Barnes and wife Penny Barnes, have conveyed to John Tingle all of their right, title and interest in the land described in section 1 of the complaint, by deeds duly recorded in the Register of Deeds Office of Tyrrell County, N.C., and said grantors now have no interest in said land. The rest of said allegation is true.

2 That for answer to allegation 2 of the complaint, said John Tingle and Missouri Tingle say that the plaintiff S. E. Ainsley owns 1/4 of the said land and Clarissa Barnes right to dower in said land as the widow of Billy Barnes, deceased. That subject to the right of dower owned by said S. E. Ansley, Missouri Tingle owns one-eighth undivided interest as a tenant in common, and John Tingle owns five eighths undivided interest as tenant in common. That the rest of said allegation is denied.

3 Allegation 3 is admitted.

4 That allegation 4 is admitted.

Wherefore the defendants, John Tingle and Missouri Tingle pray that the said land be sold for partition, and the proceeds of sale, after paying the costs of this proceeding be divided between the tenants in common as herein stated.

Mark Majette atty for defendants John Tingle & Missouri Tingle.

One of the defendants in this cause John Tingle being duly sworn says that the facts set forth in the foregoing answer are true of his own knowledge, except those matters stated as information and belief and as to those, he believes them to be true.

John Tingle

Sworn to and subscribed before me this the 27 day of October 1902.

G. L. Liverman Clerk Superior Court

North Carolina Tyrrell County
Superior Court before the Clerk

S. E. Ansley
vs.
John Tingle et al

The plaintiffs in the above cause replying to this answer

1 Admits that the Clarissy Barns owns only a dower interest in the said lands and that she has no homestead interest as alleged in alegation 2 of complaint.

2 It is also admitted that that part of alegation 2 of said answer setting forth that John Tingle since the beginning of this suit has purchased the interest of certain of the heirs giving him a 1/8 (?) interest is true.

T. H. Woodley Atty for plaintiff

Note Paper of Mark Majette, Attorney at Law

S. E. Ansley owns - 1/4 & dower int of William Barnes widow
Alice Hader & husband - 1/8
Victoria Toler (& husband John Toler) - 1/8
Mary Evett (& husband Bob Evett) - 1/8 to John S. Tingle
Annie Rice (& husband Jessie Rice) - 1/8
Missouri Tingle (& husband John Tingle - 1/8
Martin Barnes (& wife Peny Barnes) - 1/8

John S. Tingle -
Mary Evett right - 1/8
Alice Hadder right - 1/8
Victoria Toler right - 1/8
Annie Rice right - 1/8
Martin Barnes right - 1/8
totals 5/8

John S. Tingle owns 5/8
Missouri Tingle owns 1/8

Wm. Barnes conveyed to S. E. Ansley 1/8
S. E. Ansley also owns Frank Barnes 1/8
totals 1/4

North Carolina Tyrrell County
In the Superior Court before the Clerk

S. E. Ansley
vs.
John Tingle and others

This cause coming on to be heard and being heard all parties being in court in person & by attorneys. It was ordered adjudged and decreed that S. E. Ansley is the owner of the dower interest of Clarissy Barnes and 1/4 of the remainder. That John Tingle is the owner of 2/8 of the said land subject to the dower interest of the said Clarissy Barnes and that Missouri Tingle is the owner of 1/8 of said land subject to the said dower interest. That the said land be sold after first advertising the same accoding to law at the court house door in Tyrrell County at public sale for cash on the first Monday in December 1902 and after deducting the cost that the remainder be paid to the plaintiffs and defendants as their interest may appear as stated above.

That T. H. Woodley be appointed commissioner and he is hereby appointed to sell the said lands that he be allow ten dollars commiss for making sale. This 29th day of Oct 1902.

G. L. Liverman CSC

North Carolina Tyrrell County
In the Superior Court before the Clerk

S. E. Ansley
vs.
John Tingle, Martin Barnes and others

Pursuant to and by order of the superior court in the above named cause apointing the undersigned commissioner to sell the land described in the petition in said cause filed. The undersigned did after advertising at the court house door and ? other public places according to the terms of the said decree expose the said land for sale at the court house door in Columbia on the 29th December 1902 and at the sale John Tingle appeared by his attorney and bid for the same one hundred and five 50/100 dollars which being the last and the best bid became the purchaser. The ? bid being the value of the land the undersigned commissioner recomeds that a deed be made to the purchaser when purchase money is paid and that the said sale be confirmed in all respects. December 29th 1902.

T. H. Woodley Commissioner

North Carolina Tyrrell County
In the Superior Court before the Clerk

S. E. Ansley
vs.
John Tingle, Martin Barnes et al

This cause coming on to be heard and being heard all parties being before the court by attorney. The report of the commissioner of sale T. H. Woodley showing the land described in the petition had been sold that the ? bid was a full value for same. It is hereby ordered adjudged and decreed that the said report of said sale be and the same is in all respects confirmed and the commissioner is ordered to make deed to purchaser. When purchase price is paid and out of the proceeds deduct ten dollars commission for him self the cost of this court and pay balance of proceeds to the plaintiiff and defendants as their interest may appear. This January 24th 1903.

G. L. Liverman Clerk Superior Court

Alliance, N.C., Jany 19, 1903
Received from T. H. Woodley, Commissioner of Sale, forty five & --------36/100 dollars
In full of my 5/8 interest in net proceeds of the Billy Barnes land in Tyrrell County sold for partition by order of court
J. S. Tingle

Columbia, N.C., 2/4/, 1903
Received from T. H. Woodley, Commissioner, twenty eight & --------52/100 dollars
It being the interest of S. E. Ansley in the proceeds of sale of Barnes land
S. E. Ainsley

Alliance, N.C., Jany 19, 1903
Received from T. H. Woodley, Commissioner of Sale, nine & --------09/100 dollars
In full payment of my 1/8 interest in net proceeds of sale of the Billy Barnes land in Tyrrell County sold for partition by order of court
Missouri Tingle

(TRANSCRIBER'S NOTE: The William/Billy Barnes mentioned herein was William Elsberry Barnes, born circa 1814 and died circa 1878. William was married to Clarissa Rawls and it was the third marriage for both of them.)

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Updated June 19, 2014
Charles W. Barnes