Court of Common Pleas
Lancaster County }
Thomas C Reeves; Elizabeth Ellis; John J }
Reeves; James C Reeves and William D Reeves }
Henry J. Gardner; R. L. Blackmon and }Summons for Relief
E. M. Estridge partners in trade under the }(Complaint Served)
firm name of Blackmon & Estridge; }
James M Heath and Leroy Springs, part- }
ners doing business under the firm }
name of Heath Springs & Company }
and T. Y. Williams Defendants }
To the defendants above named you are here by summoned and required to answer the complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your answer to the said complaint on the subscribers at his office at Lancaster S C within twenty days after the service hereof, excluding of the day of such service; and if you fail to answer the complaint within the time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the complaint.
Dated Jany 17th 1896
(Seal) W W PerryT. Y. Williams
C C C L CPlaintiffs Attorney
The complaint of the above named plaintiffs respectfully shows to the Court:
I. That on or about the 11th day of March 1894, James B Reeves, being the owner in fee of the real estate hereinafter described, died intestate, leaving as his only heirs-at-law and next of Kin, the plaintiffs Thomas C Reeves, Elizabeth Ellis, J J Reeves, James C Reeves and William D Reeves, and Jane Gardner, who has since died intestate.
II. That the said Jane Gardner left as her only heirs-at-law and next of Kin, her husband, Henry J. Gardner a defendant herein, and the above named plaintiffs, her brothers and sister.
III. That the plaintiffs have each an estate of inheritance in said land of one undivided eleven sixtieth (11/60) part thereof and that the defendant Henry J Gardner, has an estate of inheritance in said lands of one undivided twelfth part thereof.
IV. That the plaintiffs and defendants H. J. Gardner own no other lands in this State, in common, and plaintiffs are desirous of a partition of said premises.
V. That the defendants Blackmon and Estridge hold a mortgage on all the interest of the plaintiff James C Reeves, in said premises, and the defendant T. Y. Williams holds a mortgage on all the interest of the plaintiff, Thomas C Reeves, in said premises; that said parties are made defendants herein with a view that their said liens may be transferred from the whole of said premises to such specific part thereof as may be partitioned and set off to said mortgages, respectively in these proceedings.
VI. That the said intestate left little or no personal property and there has been no administration upon his estate, but, plaintiffs are informed that Andrew J Ellis and perhaps others hold claims against said estate which have not been paid.
VII. That the defendants, Heath Springs and Co., hold a judgment against said intestate, of date March 23d 1892, for the sum of Three Hundred and fourteen and 59/100 Dollars and interest which is a lien upon the whole of said premises; that said Judgment was obtained against the said James B Reeves, by the said Heath Springs and Company, upon a note bearing date Feby 9th 1887, signed by the said H. J. Gardner and the said James B Reeves and payable to the order of the said Heath Springs & Company, the consideration of which was a debt due by the said H. J. Gardner to the said Heath Springs & Company; that the said James B Reeves received no part of the consideration of said note and was merely surety thereon for the said H. J. Gardner.
VIII. That the following is a description of the premises herein sought to be partitioned; All that tract of land situated in Pleasant Hill Township in said County and State, containing Seven Hundred (700) acres, more or less, bounded on the North by lands of Minor Caston and Cynthia Ellis, East by lands of William L Balckmon; South by lands of T Y Williams and Evans Rollings; and on the West by lands of Evans Rollings and George A Bowers.
Wherefore plaintiffs pray
1st. That a reference may be held to ascertain the indebtedness of said estate and the amounts and parties to whom the same is due and owing.
2nd. That a sufficient portion of said land to pay the indebtedness of the said estate, (except the judgment debt of the defendants, Heath Springs & Company, which is herein after provided for and the costs and expenses of this action may be set apart and sold and proceeds thereof applied to the payment of said debts cost and expenses.
3rd. That the remainder of said lands be partitioned according to the respective rights and interests of the plaintiffs and the defendant H. J. Gardner; that one eleven sixteenth thereof in value be vested in each of the plaintiff and that the remaining one twelfth thereof, the interest of the defendant H. J. Gardner, or as much thereof as may be necessary, be sold and the proceeds there of be applied to judgment debt of the defendants Heath Springs and Company.
4th. That the balance of the judgement debt of the defendants Heath Springs and Company if any after the application of the proceeds of the interest of the said H. J. Gardner, in said premises, be paid the plaintiffs, each plaintiff to pay one fifth of said balance.
5th. That the defendants Heath Springs and Company be enjoined and restrained from enforcing their judgment lien against said premises during the pendency of this action.
6th. For any action or further relief
T. Y. Williams
State of South Carolina }
County of Lancaster } Personally comes John J Reeves, who being duly sworn says, that he is one of the plaintiffs in this action; that the allegations contained in the foregoing complaint are true of his own knowledge, except as to matters therein state to be on information and belief and as to these matters he believes it to be true,
Sworn to before me this January 25th 1896 }J J Reeves
L. F. Stratton (LS) }
Notary Public S C }
Filed Jany 17th 1896
W. W. Perry C C L C
Sheriffs certificate of service
I hereby certify that on the 25th January 1896 at Kershaw S. C. I served on the above named H. J. Gardner on the defendants the within Summons & Complaint in this action, by delivering a copy thereof to him personally, and leaving the same with him.
J J Hood S. L. C.
Due and legal service of copies of the within Summons Complaint & notice is hereby acknowledged at Kershaw, SC this 25th day of January 1896
Test. T. Y. WilliamsBlackmon & Estridge
T. Y. Williams
Affidavit of Personal Service
State of South Carolina }
County of Lancaster } George W Williams being duly sworn, says that he served the
within summons on the Defendants Heath Springs & Co by delivering to J W Hasseltine, their Bookkeeper him personally and leaving with him a copy of the same at their business office at Lancaster S C on the 28th day of January A D 1896 and that he knows the person so served to be the bookkeeper of the defendants the one mentioned and described in the summons as Heath Springs & Co. The Defendants therein and the Deponent is not a party to the action.
Sworn to before me this 28th }
day of Jany 1896 }Geo. W. Williams
Waddy C Thomson N. P. of S. C.
Writ in Partition
To A. M. Caston, J. J. Roberts W. L. Blackmon, R. S. Floyd and A. C. Cole.
Whereas by an order of this Court bearing date March 7th 1896, it was ordered, among other things, that the undersigned Clerk of the Court do issue a write of Partition, directed to five discreet persons, as commissioners selected in the usual way, requiring said commissioners, among other things required by them in such case, to go upon the lands described in the complaint and to appraise the same according to their best judgment and to make partition of the same among the parties entitled thereto, as set forth in the complaint, after having first set off by metes and bounds a sufficient quantity of said lands to pay all claims established before said Clerk, against said estate, the costs and expenses of this action, and a reasonable fee to be paid plaintiff’s Attorney, for services rendered in these proceedings &c.
Now therefore, you, and each of you, are hereby commanded, (after first being sworn, before some officer authorized by law to administer oath, to honest and impartially as directed by this Writ) to go upon the real estate described in the complaint, to diligently examine the same, to call to your aid a surveyor, should you find it necessary, and to make partition of the said real estate in the following proportions, between the parties entitled thereto, after having first set off by metes and bounds a sufficient quantity of said lands to pay the costs and expenses of this action, including plaintiff’s Attorney’s fee for services rendered herein, to wit: To the plaintiffs, Thomas C Reeves, Elizabeth Ellis, John J Reeves, James C Reeves, and William D Reeves, each one eleven sixteenth (11/60) thereof - To the defendant Henry J. Gardner, one twelfth (1/12) thereof:- And in case partition of said real estate cannot be made with perfect equality between the said parties, according to their respective rights and interests therein, unless compensation be made by one or more of the said parties to the other of them, for equality of partition, then and in that case, that you the said Commissioners ascertain and report the proper compensation which ought to be made for equality of partition and by which of the parties the same should be paid and to which the same ought to be allowed. And in case the said real estate cannot be fairly and equally divided or assigned in either manner, as aforesaid, without manifest disadvantage and injury to one or more of the parties herein, then you under your hands and seals shall so certify and whether in your opinion it would be most to the advantage of the parties herein, that the said real estate should be sold at public auction, certifying at the same time the appraised value of said property.
And you are further required forthwith to execute this Writ and to return the same under your hands and Seals to this Court with all convenient dispatch Together with the manner in which you have executed said write. Witness W. W. Perry Clerk of the Court of Common Pleas for Lancaster County this 19th day of Sept. 1896.
(Seal) W. W. PerryT. Y. Williams
C. C. L. C.Plff Atty.
State of South Carolina }
County of Lancaster } We J. J. Roberts, W. L. Blackmon, R. S. Floyd Commissioners
duly appointed to make partition of the real estate described in the foregoing writ, being duly sworn, do make oath and say that we will honestly and impartially execute the trust therein reposed in us and will make partition as directed in said write, if the same be practicable
J. J. Roberts
Sworn to before me this 3 day of Oct A D 1896 }W. L. Blackmon
L. F. Stratton (LS) Notary Public }Robt. S. Floyd
Return of Commissioners
The undersigned commissioners who were appointed to go upon the lands described in the complaint in this action and to appraise the same and make partition thereof among the parties entitled thereto according to their respective rights as set out in the complaint after having first set off, by metes and bounds a sufficient quality of said lands to pay all claims established against the estate of James B Reeves, deceased, established before the clerk of this Court, together with the costs and expenses of this action, respectfully report: That after first being duly sworn as required by law, we went upon said lands and that we have divided said lands into seven tracts as will appear by plat thereof, made by T. M. Belk, bearing date Octr. 1896 - hereto attached and made a part of this Return, That we have set off to the plaintiff John J Reeves tract number one of said land, containing one hundred and twenty six acres, and valued at Six Hundred Dollars; that we have set off to the plaintiff W D Reeves tract number two of said land, containing one hundred and thirty-five acres and valued at six hundred Dollars; that we have set off to the plaintiff Elizabeth Ellis, tract number three, of said land, containing one hundred and twenty-three acres, and valued at six hundred Dollars; that we have set off to the plaintiff James C Reeves, tract number four of said land containing one hundred and twenty five acres, and valued at six Hundred Dollars; that we have set off to the plaintiff T C Reeves, tract number five of said land containing one hundred and thirteen acres and valued ate six Hundred Dollars: that they have set off to the defendant Henry J. Gardner, tract number six of said lands, valued at Two Hundred Seventy two & 72 ½ /100 Dollars, that they recommend that tract number seven of said land, containing eighty one and one half acres be sold to pay the costs, expenses &c of this action.
We further report, that to facilitate our work we called to our assistance, a surveyor, whose account, together with our own is herewith reported as follows,
T. M. Belk 4 ½ days Surveying @ $3.00 per day$13.50
Commissioners J. J. Roberts 6 days @ $1.50 “ ”9.00
Commissioners R. S. Floyd “ ” “ ” “ ”9.00
Commissioners W. L. Blackmon “ ” “ ” “ ”9.00
Witness our hands and Seals this 10th day October 1896
W. L. Blackmon (LS)
Robt. S. Floyd (LS)
J. J Roberts (LS)
See Plat on next Page
South Carolina }
Lancaster County } By request of Mr. J J Reeves I have surveyed and divided into seven lots the Estate lands of J B Reeves deceased, which lands lie on the head waters of Little Lynches Creek and about four miles north of the Town of Kershaw, and I find said lands to have such shape, form, marks, juttings, and boundaries as is represented by the above plat
Surveyed Oct 5th to 9th 1896
T. M. Belk
761 acres, not including the 5 acres sold Mrs. S. M. Ellis.
Judgment for Partition and Sale Recorded in C. P. Journal pp. 302, 303 & 304