JOSEPH MARSHALL-MARSHALL FAMILY OF CHATHAM & ORANGE CO. NC
                                                                                     © 2007 & Submitted by Connie Marshall Thompson

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.

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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

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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.
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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

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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.

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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.

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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

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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
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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.
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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.
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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.
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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.
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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.
 
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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.
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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
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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
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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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