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Currituck County Estates

Amanda Cowell - 1887
[Folder was erroneously labeled as Amanda Cornell]

c. Oct 1886 - Decree.  Jos. WILSON, Wilson SANDERLIN & wife Sarah, J.B. WHITE & wife Sarah, Wilson WHITEHURST, O.F. BAXTER, JR.& wife Nellie, Saml. LONG & wife Nannie, Dora ETHERIDGE, E.M. BAUM guardian to Robert, Nannie, Maud & David WHITEHURST, Levin WHITE & wife Maggie, and Wilson SANDERLIN guardian to James COWELL, plaintiffs, against Cornelius SMITH & wife Love and Nathan POYNER, defendants.

Plaintiffs complain and say that they and the defendants are tenants in common in the following large tract of swamp land lying in Currituck and Camden Counties known as the Saml. FEREBEE "1000 acre patent" and bounded by the west line of Thos. HUTCHINS patent and Jos. DOZIER, SR. which survey was made by David PRITCHARD, Camden Co. Surveyor, on June 14, 1837; That there is now standing on said land a large quantity of valuable timber which plaintiffs believe will bring a good price if put on the market but owing to the undivided interest of the parties, it cannot be sold to an advantage except as a whole and because of infancy of some of the parties this cannot be done without an order of court.; That plaintiffs desire that the said land shall be sold at public outcry and the proceeds of sale divided among the parties according to their several interests; That Jos. WILSON owns one undivided half of said land under and from D.D. FEREBEE and the other half belongs to the children & grandchildren of Mrs. Amanda COWELL and in the following order--

1. Sarah wife of J.B. WHITE, Wilson WHITEHURST, Nellie wife of O.F. BAXTER, JR. & Nannie wife of Saml. LONG, are together entitled to 1/4 of said COWELL share by descent from their mother Love WHITEHURST, nee COWELL.

2. Dora ETHERIDGE, Nathan POYNER, Robert WHITEHURST, Maud WHITEHURST & David WHITEHURST are together entitled to 1/4 of said COWELL share by descent from their mother Adelia Cowell WHITEHURST.

3. Love wife of Cornelius SMITH, Maggie wife of Levin WHITE and James COWELL are together entitled to 1/4 of said COWELL share by descent from their father James COWELL, decd.

4. Sarah wife of Wilson SANDERLIN is entitled to 1/4 of said COWELL share by descent from her mother Amanda COWELL, decd.

That E.M. BAUM is the only qualified guardian to the infants Robert, Nannie, Maud & David WHITEHURST and Wilson SANDERLIN is the only qualified guardian to the infant James COWELL; That the plaintiff Sarah WHITE is now the owner of the interest of her brother Wilson WHITEHURST by purchase from the same.  Wherefore plaintiffs pray for an order from the Court that the said lands shall be sold on such terms as many seem best and that the Court appoint commissioner to make said sale.  /s/ Morgan & Shaw, Attys for Plaintiffs

2 May 1887 - Jos. WILSON & others against Cornelius SMITH & wife, et al.  The plaintiffs complain to the Court and say that since the commencement of this action that they have heard that Mrs. M.D. BAXTER, Mrs. M.F. MOORE, Wm. F. HUMPHRIES, T.C. HUMPHRIES, Fannie HUMPHRIES, Allice FROST, Adelia MERCER, Charles TATEM & Rosa SNOWDEN, children & grandchildren of the late Adelia WILSON, and J.B. WHITEHEAD assignee of the late Jas. M. FEREBEE, claim an interest in the lands described in the complaint filed in this cause which the plaintiffs deny, but in order that all parties claiming an interest shall be bound by the judgment in this cause.  They pray that the said parties may be summoned to have them appear and answer the complaint or demur to the same as they may be advised.  /s/ P.H. MORGAN, Atty for Plaintiffs  [The same day H.B. ANSELL, CSC, decrees that they are hereby made parties in the above claim.]

14 July 1887 - Commissioner's Report.  The undersigned commissioner appointed to make sale of the lands described in the above cause begs leave to report that in accordance with the decree they offered the said lands for sale on Tuesday the 5th day of July 1887 after being advertised for over 30 days in the E. City Falcon and the Norfolk Virginian and also sent to every lumber man of his knowledge; that on the appointed day of sale S.P. WILSON bid the sum of $448, but at his personal request several swamp buyers & lumber men have inspected the premises and from the estimates places by them, the price bid is a fair price for the same. That the purchaser is arranging to pay the purchase price within 10 days.  /s/ W.B. SHAW

15 July 1887 - Jos, WILSON, Wilson SANDERLIN and others vs. Cornelius SMITH & wife Love SMITH, M.D. BAXTER, M.F. MOORE, W.F. HUMPHRIES, Alice FROST, W.S. MERCER, Adelia MERCER, M.H. SNOWDEN, Rosa SNOWDEN, Chas. TATEM, T.C. HUMPHRIES, guardian to Fannie HUMPHRIES, JR., and J.B. WHITEHEAD.

To M.F. MOORE, T.C. HUMPHRIES, guardian to Fannie HUMPHRIES, JR., and J.B. WHITEHEAD, non-resident defendants--you will take notice that the report of W.B. SHAW, the commissioner of sales heretofore appointed to sell the lands named in the above entitled action, has this day been filed in my office.  Whereupon you are hereby entitled to exceptions thereto, if you so elect, within the time limited by law.  Land was purchased by S.P. WILSON for $448.  /s/ H.B. ANSELL, Clerk of Superior Court

[Source: Currituck County Record of Estates 1812-1926; Vol. Brumsey-Ferebee (Microfilm G.030.1862909)]

This estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

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2007 Kay Midgett Sheppard