Loading...
JonesM 1P d � U a Wake County -In The Supirfor Court. tj Martha Malone, and John H. Malone, ) aLa—,� her husband, ) i45` 19 /5' against ) SUMMONS 5k 7, D99., y zz , iL Delia Jones, Relvi -i Jones, Stella ) ,M'i'lder, Bessie Milder and Willie Wilder) THE STATE OP WITH CAROLINA To the Sheriff' of Wake County -GREETING: You are Hereby Commanded to summon Belvin Jones the defendant above nemedt if he be found within your County, to appear before the Clerk of the Superior Court for the County of Wake, at his office in Ralei:;h, IN. C., on the 11th day of July, 19119 and answer the Petition, which will be deposited in the of0ioe of the said Clerk of the Superior Court o-:' said County within six weeks after the issuing of ttiiis :summons. And - let the said Relvin Jones take notice, that if tie fail to answer said Petition within the time prescribed by law, the plaintif'rs will apply to the Court for the relief demanded to the Petition. Hereof fail not, and of this summons make due return. Given un0er my hand and seal or said Court, this 5th day of -June, 1911. Millard Mial, Clerk Su,lerior Court Wake County. (endorsed) Served June 8. 1911 by reading the within Summons to 13elvin Jones the defendant therein named. J. H. ,Sears, Sheriff of Wake County, by J. D. Carroll, D. S. North Carolina, In the Superior Court, "fake County. Before the Clerk, Martha Malone and John H. Malone, her husband ) vs. ) Affidavit for Publi- Delia Jones, Belvin Jones, Stella 'gilder, ) cation of Summons. Bessie. Wilder and Willie Wilder. ) Martha Malone being duly sworn, deposes and says: That she is the plaintiff in the above entitled Special Proceeding that the defendants therein, Delia Jones, Stella Wilder, Bessie Wilder and Willie Wilder, are non-residents of the State of North Carolina, the said Delia Jones residing in the City of Richmond, State of Virginia and being unmarried, St:lla wilder being also unmarried and residing in the State of New Jersey, and Willie Wilder residing in the City of Norfolk and State of Virginia. That all of the said ab ove named non-resident defendants have property in this State, each being the owner of an undivided interest and estate in fee -simple remainder, subject to the dower right and interest of this affiant, in two certain lots, situated in the town of Garner, Fake County, North Carolina, and this Court has jurisdiction of the subject of this action or special proceeding, the nature and the purpose of the same being to sell the two said lots of land for division of the proceeds thereof among the plaintiff, Martha Malone, and the defendants above named; that the said non-resident defendants cannot, after due diligence be found within this State, and that a oouse of action exists against the said defendants and they are proper'and necessary parties to this special proceeding, the :same relating to real property in this State aS hereinbefore specified. That afftant is the widow (Formerly) of Thomas Jones, deceased, who died seized and posses sed of the real estate hereinbefore mentioned and the defendants are the children and grand childred of the said Thomas Jones. Wherefore affiant prays that an order may be made by the Court that service of sum,ions he made on the above mentioned non-resident defendants by publication according; to law. This 3 day of .Tune, 1911. 4.A MarthaX ifialone Sworn to and subscribed before Me this 3-*T-A,7r of Jure, 1911. My Commission expires on the 15 day of May. �'�'� J. R. Upchurch, Notar;, Public. DAVIE Co. PUSUC t 13RAW MOCKSV1LLEa, N It appeariNg to ttie Court from the afftcavit of Martha Malone that t Delia Jones, Stella. 'Vilder, 9erste Wilder and Willie Wilder, defendants in the above entitled special proce:dtng are nonresidents of the State of North Carolina and cannot, a"ter due diligence, be found within this State; that the Said non rasident -defendants have property in this State, each being the owner of an un- divided i-nto.rest and estate in fee -simple remaind;r, su`ijeot to the dower right and interest of affiant in two certain lot of land, situate to the town of Garn°:r Take County, North Caroline., and that this Lourt has jurisdiction in the subject matter of said special proceeding, the nature and purpose of the sFme being to -se the said lots of land Por a division of the proceeds thereof among the affiant an the said defendants, who are tenants in common and in possession thereof and that a oouse of action exists against the said defendants and that they are proper and necessary parties to the said special proceeding. It is thereupon ordered that notice of this action of special prooeedin :)e published once a week for four -weeks in the News & Observer, a newepapar pub ltshed in Make County, North Carolina, setting Forth the title of the action, pur pose of the same and requiring the said defendants, Delia Jones, Stella Wilder, Bessie Wilder an:! Willie Vilder to appear before the Clerk of the Superior Court of Wake County, at his office in the court -house in -the City of Raleigh, in said County, on the 11th day of July, 19119 and answer or demur to the complaint or • petition of the plaintif herein. This 5th day of June, 1911. .` Millard I+iial, Clark Superior Court Wake Count PUBLICATION OF SUMMONS. Th: defendants above named$ Delia Jonas, Stella 'Vilder, nessie Milder, / and Willie -Milder will take notice that an action or speoi?1 proceeding, entitl- ed as above, has been commenced in tha Superior Court of Wake County, the purpor. which is to sell two lots of land, and the houses thereon, situate in ttfe torn of Garner, Wake County, N. C., formerly 5elonging •to Thomas Jones, deceased, rvr division of the proceeds thereof among the plaintiff and the defendants as tenan in common, according to their respective interests in the same; and the said ab , named defendants will further take notice that they are required to appear ve9or - the Clerk of the Superior Court of Wake County, N. C., at his of"ice in the Cour house in the City of Raleight on the 11th day of July, 1911,and answer or demur -the complaint or petition of the plaintiff's herein. This 5th day of June, 1911, ' Millard Mial, Clerk Superior Court Wake Cou^ P E T I T I O N To "on. Mill trd Mial, Clerk of, the .Superior Court of wake County, Nort`i 0aroli?In Mqr tha Ha ? one ' and john H. Malone, petit ; ;.,vers in the above entitled special Proceeding, representing to the Court respeetrully show: of 1. That Thomas Jones, formerly of wake County, worth Carolina, died, tet .-state, in said County, on or about the 12 day of January, 1888, leaving hi-, surviving, the Following named persons as his heirs at -law and next of kin, to Martha v'u►.Ca, alt; widow, who subsequently to -wit, on the 24 utsy or Dea-, its9l, i termr.rri,:d with John •!. Malone and who, together with tier mid husband is th•! -petitioner herein; Delia Jones, a daughter, who is unmarriad, and is a non -rest of the State of North Carolina, residing in Richmond, Virginia, and is over 21 years off' age; Annie Jones a daughter who married Dennis Wilder and died incest .leaving three children, Stella Wilder, a daughter, who -esides in the State of Jersey, Bessie Wilder, a daughter who resides in the State of New York, and '''il` Wilder, a son, Who resides in the City of Norfolk, in the State of Virginia, r. all three or -said children of Annie Jones are unmarried and are over 21 years age and ar3•non-residents of this State; and Belvin Jones, a.son of Thomas Jo:*: who is over 21 years of age and resides near the town of Garner, Wake County; t the above named widow, children and grand children of Thomas Jones are his onl;,► heirs-at-law. 2. That the said•Thomas Jonera died, seized And possessed of the foli described real estate in feetsimple$ viz: Two certain tracts or lots of land uate in the town of ,Ggrner, Wake Couxty' and more partioularly described and c! ed as follows; First Lot: Adjoining *.he lands of Eli Dupree, Oagviell, and others, QAVIE CO. PUBLIC UattoAy MUV W I P) d) d3. vast 1115 links to a "rook; thence North 2T Edst 56 links to a rook; 3 -thence North 63 West 5E links to•a rock; thence South 27 West 29 links to a rook; thence North 63 West 80 links to said Road; thence Witvi said Road to the beginning, oo*ining .05042 of an acre, and being that tract or lot conveyed to Thomas Jones, by Eli Dupree, by deed dated that 8th day of January, 1885, and registe"ed in the oVioe of the gertster of Deeds for Wsk a 'County, Y. C. -s in Book 88, at page 277. Second Lot: Adjoining the lands of J. A. Spence and Brother (formerly) and others, bounded as follows: Beginting at a rook, Tom Ilall- 's corm -.r, thence South 63 East 1 chain 18 links to a ro-ik; thenee South 26 East 54 links to a rock; thence' North '63 We::t 1 chain 18 link- to a rook corner; thence North 26 west 54 links to the beginning, containing one -sixteenth (1/16) of an acre, ancV being that certain tract or lot conveyed to Thomas Jones by Eli Dupree by deed datid the 3rd day of February, 1894, and regi.otered in the office of the said Regist it of Deeds. in Book Sb, at page 278. 3. That the petitioner Martha Malone and the defendants are te- nants in common and are in possession of the two tracts or lots of lend, hereinbefore described, Lhe said Martha Malone being the owner of a life estate, for her life, in one-third, in value, of the said real estate, as per dower, and the defendants Delia Jones and Belvin Jones being each the own -:r of an undivided one-third interest or estate therein subject to the said dower intere::t; and the defendants Stella wilder, Bessie Wilder and Willie Wilder are, together and jointly, the ownirs of an undivided one-third interest or estate in said real estate subject to s said dower right or interest. 4. That the said Martha Malone desires to have and to hold her interest aforesaid in said real estate, in severalty., 5. That an actual partition of said real estate cannot be made without injury to the rights of the tenants in common thereof, for the reason that the size of the two lots is less than one core and the sha„ee or portions thereof, if actually divided, would be of insignificant size and value. 6. That a sale of said real estate or division of the prooeedr thereof among petitioner and defendants, would be to the best inte-e;t of all the parties. Wherefore Petitioners pray the Court that the two tracts or lots of land hereinbefore described be ordered to be sold at public sale by some fit Rnd suitalle person, as Commir.sioner,•and that the proceeds of the same, after paying the .00sts of this action, and the expenses of sales including commissioner's fee, be apportioned and paid to the pe- titioner, Martha Malone, and -the defendants, according to their respeo- tive interests in the same. :folding & Snow. AttornsyF for Petitioners. MartHa Malone, being duly sworn deposes and says: -That she is one of the Petitioners in the above Jntitled special proceedings and that the foregoing Petition is true of her own knowledge except as to those matters therein stated on information and belief, and as to those she believes it to be true. Sworn to and subscribed My commission expires on the 1 (SEAL) Martha Nalone, 5 before me this 13 day of June, lyll. day of May, 1913- J. R. Upchurch, Notary Public APPLICATION AN5 ORDER ALLOWING DENAUS WILDER TO RECOHE PARTY DEFENDANT. To Hon. Millard Mial, Clerk Superior Court Wake County, North Carolina: Dennis Wilder oomes into ooilrt and respectfully shows: That he, the said Dennis Wilder, on or about the dam► of intermarried with one Annie Jones, who was a daughter of Thomas Jones, now deoeased, and Martha Jones, (now Martha Malone) ;. that his said wife Annie Jones, died intestate o -i or about the day of , , leaving three children, Stella Wilder, Bessie Wilder and Tillie'Wilder, -11 -o Ts"k m 0"0 nVA" 91 VAars of aqeo unmarried and nonresidents of this QAVIE CO. PUBUC U19MAIty January, 1,118'89 leaving; trim surviving; as his heirs at law, his widow Martha Jone; who subsequently interm•?.rried with John H. }.Malone, a son Belvin Jones, a dau�;ht, Felin Jones, and a daughter Annie Jones: who was the wife of Dennis Wild tr; that the szid Thomas Jones at -the time of his death was seized and possessed of two traotr or to s of land situated in the town of Garnor, Wake County, and more pa tieularly described by metes and bounds in the petition filed in the above entt ed special proceeding; th^t the said Dennis Wilder is the owner of an interest the two said tracts or lots of land, which said int -:rest is a life estate, as tenant by the courtesy , in one --third thereof, subject to the dower right of Ma Malone. Wherefore the said Dennis Wilder !doves and prays the Court that he be permitted to come in and -make himself a party defendant in the said special pro, ing and be allowed to file an answer to the petition of a omplaint filed therein This 19th day of July., 1911. Dennis Wilder, Upon the foregoing applioat ion of Dennis Wilder to beeoms a party de- fendant it is considered, ordered and adjudged by the Court that. the said Denni. gilder is a necessary party to the said special proo:eding and is the owner of interest in the lands described in the petition in said special proceeding and that he, the said Dennis Wilder be and he is hereby permitted cmd allowed by th Court to become a party defendant to file an answer or demur to the complaint o - petition therein. , Millard Mial, • Clerk Superior Court Wake Count.#. ANSWER OF DENNIS WILDER. Dennis Wtlde^,•one of the defendAnts in the above entitled spedial pr oeeding answering the petition riled therein says and alleges: 1. That the allegations of paragraph 1 thereof are admitted to be tr, 2. That the Allegations of paragraph 2 are admitted to be true. 3. That the allegations of paragraph 3 are true except the allegatto that the defendants Stella Wilder, Bessie Wilder and Willie 'Milder are together and jointly the owners of an undivided one-third interest or estate in said rea estate subject to the dower right or interest of Martha Malone. Further answer ing said paragraph this defendant says that he is the owner of a life estate in undivided one-third interest and estate in the two tracts or lots of land as to by the courtesy, and that the defendants Stella .Wilder, Bessie Wilder and Villi Wilder, children of the said Dennis Wilder wid'Annie Wilder are together and jointly, the owners of an undivided one-third interest or estate therein, s jeot to the life estate therein of the said Dennis `gilder as. tenant by the oour of their said mother. 4. That the allegations of paragraph 5 are.true. 5. That the allegations of paragraph 6 are true. :therefore said Dennis Milder prays the Court that he be declared the of a life estate in one- third of the said two tracts or lots of land subject t the dower richt or interest of the said Martha Malone, that. said land bV sold a public sale, according to law and that in the apportionment and distribution of net proceeds of raid sale, the present value of the int:rest of the said Dennis Wilder be paid to him. ' Dennis Wilder. Dennis Wilder, being duly sworn, deposes and says that the foregoing answer is true of his own knowledge, except a-6 to matters therein stated upon i formation and belief and that as �o tHose he believes it to be true. Sworn to and subscribed before me this 19th day of Aug. 1911. Millard Miall Clerk Superior Court. North •'.arolina, Wake County. Bagley, being duly sworn deposes and says: That he is an offic the News k Observer, to -wit, Business Manager thereo"; that the Foregoing attar notice and sum -^ons was duly published in the News 3c Observer, a newspaper publi in the City or Raleigh, Wake County, North Caroling, once a week for four w eks in the regular daily' edi�ion of said newspaper, on the following days, to-Zt, June 6,13,23927. W. H. Bagley, . Sworn to and subrsoribed before me this 21st day of July, 1911. ( ,VIE CO. PU1361 ? MWJ�VK W It appearing to the Court from the affidav4t of W. H. Bagley, Business Manager of the News "&Observer, that a notice of summons, in the above entitled special proceeding• setting forth the title of the action, •the purposes of sane, and requiring the non-resident defendants, Lelia Jones, Stella Wilder, Bessie Wilder and Willie "'ilder, to appear before the. Clerk of the Superior Court of Make County at -his offiee in the Ccurt-hoose in the City of Raleigh, in said- County, on• the 11th day Of July, 1911, and answer or demur to the complaint.or petition of the plaintiff's therein, was duly published in the said News & Observer, a newspaper published in the -City of Ral.:igh, Wake County, North Carolina, once a week for four weeks, in the regular edition of said newspaper on the following days, to -wit: June b, June 13, June 231 June 27, 1911, in accordance with the autilortty and direction contained in an ::r -lir for ' the publication of summons for said non-resident defendants rendered on the 5th day of June, 1911, in said special proceeding; - It is thereupon, considered and adjudged that the said publioation of summons is sufficient and that the said non-resident defendants, hereinbefore named, have been regularly and legally .served with summons in caid special proceeding. This 22nd day of Aug. 1911., • Millard ilial, Clerk Superior Court Make Co. ORDER OF SALE. This cause coming on to be heard and being heard before Millard Niel, Clerk of the Superior Court of Wake County, North Caroline; and it appearing to the Court that the summons herein was personally served upon Belvin Jones by the Sheriff of Wake County, and that •servioe -of summons by publication was duly made upon the non-resident defendants, Lelia Jones, Stella Wil::er, Bessie Wilder and Willie Wilder, and that Dennis Wilder has, through his counsel, Messrs ArMistead Jones'.and Son, come Into Court and been made a party defendant and has filed an answer to the petition herein, and that none of the other defendants have filed any answer or other pleadings: It is, thereupon, considered and 'adjudged that the plaintiff, Martha Malone, and the defendants above named are tenants in common and in possession of the two tracts or lots of land desbribed in the petition the said Martha Malone beim; the owner of a life estate for her life in one-third in value of the said real estate as her dower;, the defendants Delia -Jones and Belvin Jones being each the owner of -an undivided one- third interest or estate therein, %subject to the said dourer interest; the defendant Dennis Wilder being the owner of a life estate for and during his life in the remaining undivided one-third interest or estate therein, subject to the said dower interest of Martha Malone, and the defendants, Stella Wilder, Bessie Wilder and Millie Wilder being the • owners together and jointly of the said remaining undivid.d one-third interest or estate therein in remainder, subject to.the said dower inter- est and the said life estate of Dennis Wilder.' It is further considered and adjudged th-:t an actual par-tition of the said real estate cannot be made without injury to the right: of the tenn•nts in common thereof and that a sale of said real estate, for a division of the proceeds thereof among the said tenants in common, would be to the best interest of all the parties; It is further ordered and adjudged that William B. Snow be and he is hereby created and appointed coramisstoner to sell the lands described in the petition herein at public sale, at VLO Court house door in the City o" R.alelgh, ".'ake Countzi, North Carolina., to the highest bidder for cash, on Monday, the 25th day of Septem'ier, 1911, at twelve M. o'clock after having theretofore advertised the time and place of said ..ale by publish . ing notice of the same in the News and Observer, a nenrspApar publis'JEcj in sal(i County and State, once a week Cor f:)ur rre.ks �aaiate- ly precadin� said sal P, and by postin.- notice thereof at the Court House d,:or an(! three other public places for thirty daya immedip.tely preceding said sale; and thq SPAd rnmm 1.nTiPr slin1 1 report hi`' proceedings premiees to t1iis Court within ten days from the.dpy of sale. This 22nd day of August, 1911. Millard flial INav�E 000, P�euc u� o�cS►IvL i 111' AND DECREE DOCKET --SPECIAL PROCEEDINGS. REPORT OP SALE. TO ;7ON. MILL RG MIAL, CLEW SOPFUOR COWIT OP WAKE COUNTY, N. C.: The undersigned Commissioner appointed by the Court in the above enti cd Special Pro lea:dings to sell the land therein described, respact`4tJI makes a: '.les tha following report of his action in the premises. Pursuant to the autho, and dinectio_^_ contained to an order rendered by the Cleric of the Supertor C..urt raid Special Proceadi.n;s, the said "!m. B. Snows Commissioner, did on Monday the 2n.y o;' September, 1911,. at 12 M. 0'e lock, at the oottrt-hoarse door in the City o offer for sale and sell the two lots or parcels Of land mentioned and _'-iscribe-a i-, the petition, at public sale to the highest bidder for cash, aPtar ✓in.; duly advertised ttie tins and place of said sale, by publishing- a notice c ',•ie same once a wi:ek --'or four, weeks preceeding the day of sale in the -Jews & Ob- :-ervi­, a daily paper published in the Cit -Ir of Raleigh and by postinga notice c Via sane at the co�trt-house door and three other public places in said County ar ."tate. That at the time and pla^e of said sale H. D. Tand Of said County and =tV :a 73 -lame. the 1„.st and highest bidder for tha first lot containing .05042 o: -,.n -acre, at and for t.ie-price of 8150.00 and T. H. Turner 'of said County and 't1ite became the lest and hip_=,he t bidder for the second lot at and for the prick o” '16J.00: that said COmmiss toner is advise! that said price so .bid was a fair :end rer.sonable valuation of the s - id two lots of land and the said purchasers ar rea•jy c.nd able to pay the said sumo so hid therefor i:i .)ash. :`lherePore the said Comriissioner recom--ends that the said sale be con�'i �%n•1 that he be directed to execute and deliver deeds f, jr the said lots to the pu :h sers above named for the payment by them to the said Commissioner of t!Le pur- • .taFe price therefor in cosh. This ?6th day of September, 1911. +m. B. Snow. Commissioner. t° INAL 5 CRiEE. This cause corning on to be heard upon the report of William A. Snocr, .c n= ssioner, and it appearing to the .Court that the said Com. iss-i o:?er, pursuant, -.c f,.ce authority and direction contained in an order rendered in the above entit prose dings did o -i r,4:.nday, the 25t1h day of September, 1911, at 12 M. �? 0 r at Vie court -house doo» in th , City of M1.1eigh, sell the two. lots or par mentioned and described in the petition public sale to the highest ,�,-�„ mor petition, at =`'•E1:, after having duly advertised the time and place- Of said sale b-; 0';''lis':i=ng P notice of the same once a geek for four b weak.. �• -••! :� in the News and Observer and posting �� c preceding the dar of y post_n,g a t,.)tiioe of thee same at the court-li '••�c" P d throe other public plea. i in ''lake County for thi. t;r el 'in:; s!►.ic? sale; and that at the said time °nr.1 edged H. B.' dais i�1me�3iat., J p� , a o l Rand of said County to became the a...t an,.! htg%est bidder for the _first lot so sold at the Pr -'15).00, and the T. H. Turner or said County and State becarns the last and h? bi !:_�r for the second lot at ttice price of �160.00; and it further a 7 pp ear int, court tytat the, said Comcntssio;ler duly reported the said sale on the 20-th ,,aptsimber, 17hich 17rts du1., filed on said day; and it further appearing to At said bids of the above named purohe.sers hRva not'been raised and tli::t .0 ?3:c;: �Pti :nU have been filed to the same or to the sale within the twenty days b.", lr"!; and it furt:ler appionxing that the said prices „o bid �t _"aid r. al -'t' = • :�' lo'-.: or parcels of land are t'te Fair and r•�asonable v.�.lua of the same, considered ordered. and adjudged that the said sale by William B. tssioner, be and Vis :-are is hereby, in all respects ratified, a.ppro•rei' end that the raid Corrinlsstoa2r be and he r+ di is here�rr ordered and j. o cu?iv-:I the t��u lots or parcels of land described in the .cis? pe ;i ;.ion in t' "-1 Prucye••?in�;s to the said purchasers thereof R.t said sale i>y good and s•.t'�' ' .,nt :ie `c in fpa-simpla= upon the payment to the sQid Com -ii -sinner by ti, .7 or V13 RM-31tits bid by them for the said land at said sate c .•� 1 Z^ c • ict COmac± SSi0:1�r shall Oui " s in a..__, a ►,.: L Of the proceeds of said sale pV the costo .r actio-: and the costs and x.ovenses of the sale, including the amount of •,7h i,_,h is her -3 J allowed �y , of co; -.^t+_ ., .•�, -, -� S.•i0:1S to &he . 0ii COmrafrsi0. shn,ll be diet-2_buted atiollg- the Alai --,ifs' and the defendants irei an �hsir rafiP�c, jve herein i'_•ai.. %1st ;+� 07' p,;. "-- and a tt+;,Cs i'1 said land ..o sold. Ry .obar, 1911. iE 00- . ?U,MM CUric SuPrior Cour, Wake Co.