Petition for Sale

Joel Pridgen Petition for Sale - c. 1850

On the cover is written in pencil....no date abot 1850

To the Honorable the Judge of the court of Equity for the county of Nash

The petiton of Calvin Richardson and wife Piety, Calvin Taylor and wife Polly, Betsey Oneal (widow of Stanly Oneal decd/ Hardy H. Kent son of sarah Kent, who intermarried with Raiford Kent, Wilson Rentfow and wife kalley, Henry Eatman and wife Mourning, William High and wfe Athey?, Archey Barnes and wife Prundence?

against

Joel Pridgen, Willie Pridgen, Henry Pridgen, Raiford Kent and wife Celey, Heirs of Josiah Pridgen. viz. LL Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel J. Pridgen, Nancy? Pridgen and Winny Pridgen

Humbly complaining shew unto your Honor, your petitioners, that in the year 1849. Hardy Pridgen departed this life being seized and possesed of certain lands situate in the county of Nash, to which his heirs at law were entitled as tenants in common-- that the said Hardy list surviviving him as such heirs the following persons. viz: Piety ( a daughter) who is intermarried with Calvin Richardson, Polly (a daughter) who intermarried with Calvin Taylor, Betsy ( a daughter) who intermarried with Stanly Oneal, now deceased, Hardy H. kent, son of Sarah (a daughter) who intermarried with Raiford Kent, the said Sarah being dead at the time of the death of her father, Kelly ( a daughter) who intermarried with Wilson Rentfrow, Mourning (a daughter) who intermarried Henry Eatman, A___ ( a daughter) who intermarried with William High, Pr----( a daughter) who intermarried with Archey Barnes, all of whom are ___ party petitioners, and the following Joel Pridgen, Willie Pridgen, Henry Pridgen, Celey (a daughter) who married Raiford Kent and the Heir at law of Josiah Pridgen viz. LL Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel J Pridgen, Nancy Pridgen, Winnie Pridgen and Larkin Pridgin.

Your Petitioners further shew unto your Honor that since the death of the said Hardy, there has been a division of his said lands amongst his said heirs under a petition filed in the county court of Nash, by which division as may be near fully seen by reference to the Remport of the Commissioner to the said Court

Lot No 2 was assigned and allotted to Larkin Pridgin, one of the sons of said Hardy, which is bounded as follows viz. beginning at a Black Jack Corner, of Lots No 1 &2, thence south 200 poles to a black Gum in a small branch corner of Lots Nos. 1 & 2 is Boykin's line then up the meanders of said branch to a pine at the head of said branch, then south 86 1/2 o west 55 poles to a stake, corner of Lots No. 2 & 3 in Boykin's line, then north 198 poles to a stake corner of lots No 2 & 3 in Winburne's line, then along Winburn's line to the beginning containing 85 1/2 acres... and your petitioners shew that the said Larkin is now dead, without issue and that your petitioners and the Defendants are his only heirs at law, and as such entitled to the said lot of land as tenants in common.

And your petitoners further shew unto your Honor that the said lot of land, to which they, together with the defendants, are entitled cannot be divided between them by metes and bounds and that it is necessary that the same should be sold for partition between them: and they also shew that the Defendnts are not residents of this state, but live in some of the South Western States.

****** see postscript below by Carol***

To the end therefore that your petitioners may have such aid as this Honorable Court is authorized to give, and that a sale of said land may be decreed, and the proceeds divided according to the right and __ of the ____ may it please your Honor to order advertisement to be made for the said Defendants, according to law, and all such other orders to de___ as to your Honor may seem --- and ---in the ___ and in duty bound your petitioners will __ __:

Miller and Dortch
Solis. for Pet.


Post Script by Carol

In every instance where the name Josiah is used, the name Abijah was previously used and crossed out. I suspect that this means when the petitioners first applied, Abijah may have still been living, but when the final document was read before the Judge, Abijah had died and Josiah was his heir.

Where the *** are located above, the following paragraph was originally present and then crossed out.


...and further that Abijah Pridgen having died in one of the western or Southwester states has left surviving him a number of children all of whom __, your petetioners, after deligint inquiry, have been unable to leave so as to make them by name parties to this petition, but whose names when they shall be found to, they many be added as parties Defendents unto.


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