Chancery Suit - Barksdale et al vs Carter Ball et al
Whitlock Heirs vs Heirs of John Ball
Pittsylvania County, Virginia
Chancery Suit Index Nbr. 1822-005
27 Jun 1811
To the Worshipful Court of Pittsylvania County in Chancery sitting:
Humbly complaining shew unto your worships your Orators and Oratrices Beverly Barksdale and – Achilles Whitlock, Sarah & Mary Whitlock, who are infants & sue by Agnes Whitlock their next friend, that John Ball now deceased on the 27th day of June 1811, conveyed to a certain Achilles Whitlock a tract of and lying in the Counties of Halifax and Pittsylvania, which said land is more particularly described in the said deed: That the contract between the said John Ball & the said Achilles Whitlock was for the Sale of the reversion of the said land after the death of the said John Ball, for which the said Achilles Whitlock agreed to give one half of the value of the said land to be ascertained by two good men to be chosen by the contracting parties: that the said Achilles Whitlock paid to the said John Ball in part performance of the said agreement, the sum of $400, which payment, as well as the terms ofo the said contract, is stated and acknowledged in the deed aforesaid, a copy of which is herewith exhibited as a part of this Bill: that the said Achilles Whitlock died some time in the year (bland), intestate, leaving 3 children towit: your Orators & Oratrices Achilles, Sarah and Mary Whitlock: that your Orator Beverly Barksdale has obtained letters of administrators on the Estate of the said Achilles Whitlock from the County Court of Halifax: that the said John Ball after the contract aforesaid and conveyance retained the possession of the said land til the day of (blank), 1807 when he died leaving nine children and four grand children his co-heirs, to wit Carter¹ Ball, Susanna² Connelly, the wife of Thomas Connally, John³ Ball, Polly Connelly(4), the wife of Aldom (sic Oldham) Connelly, Nancy(5) Read (sic Rudd), the wife of James Read (sic Rudd), Cary(6) Connelly, the wife of William Connelly, S.(7) Ball, Robert(8) Ball, Elizabeth(9) Walters, the wife of William Walters, and Lucy,Bird, Jackson and Franklin Pullam (sic), the children of Sally Pullam (sic Pulliam) who was a daughter of the said John Ball – which said Coheirs entered upon the said land, after the death of the said John Ball & are still in possession thereof: that the said John Ball died intestate and no person has taken administration on his estate: that nothing was done besides the payment of the said sum of $400, towards the completion of the contract aforesaid by the said John Ball and the said Achilles Whitlock, tho your Orators and Oratrices believe that they always ‘til their deaths admitted the agreement aforesaid and professed a willingness to have the same completed: that your Orators and Oratrices have applied to the said co-heirs of the said John Ball to agree in the appointment of two good men to ascertain the value of the said land, as the date of the deed aforesaid and have offered to complete the contract by paying to them one half of the amount of such valuation, deducting therefrom the sum of $400 paid to the said John Ball by the said Achilles Whitlock as aforesaid But now so it is that the said co heirs of the said John Ball, altho’ they admit the agreement aforesaid, refuse to agree in the appointment of persons to ascertain the value of the said land, or to do any other act for the completion of the said agreement, some of them pretending that in consequence of the death of the said John Ball and the length of time which has elapsed since the date of the contract the same ought not now to be performed, but that the said contract ought to be regarded in the light of a Mortgage to secure the repayment of the sum of $400 as aforesaid; while others wish the said contract completed. In under consideration of the premises and inasmuch as your Orators and Oratrices are remediless therein without the aid of a Court of Equity: To the end, therefore, that the said Carter¹ Ball, Thomas Connally² and Susanna his wife, John³ Ball, Aldom (sic Oldham) Connelly(4) and Polly his wife, James(5) Read (sic Rudd) & Nancy his wife, William Connelly(6) and Cary his wife, William Walters(7) and Elizabeth his wife, S.(8) Ball, Robert(9) Ball, and the said Lucy. Bird, Jackson and Franklin Pullam (sic), may answer the allegations of this Bill on their oaths fully and unequivocally; that the value of the said land, at the date of the deed aforesaid, may be ascertained by the valuation of two good men to be selected by this worshipful Court and the contract aforesaid carried into full affect; Or if it shall be considered by this Court that the said contract ought not now to be specifically performed, that your Orators and Oratrices may recover of the co heirs the said sum of $400 with interest thereon from the said 27th day of September 1811 & that they may have the said land sold to raise the same unless it be paid in a reasonable time by the said co heirs of the said John Ball, & that they may have such other relief as to Equity may seem meet,
May it please the Court to grant the Commonwealth’s writ of Subp.a