Summons & Complaint - Patterson

Submitted by Isabelle (Hohmann) Parikh.

SUMMONS

In the County Court of Marshall, West Virginia

William and John Patterson Vs. William Miller et al.

The Commonwealth of Virginia
To the Sheriff of Marshall County, Greeting:
We command that you summon William Miller and Anne Darsus Miller, his wife, Elizabeth Indiana Patterson, Roderick D. Patterson, Josiah P. Patterson and Edwin Patterson, if they be found in your bailiwick, to appear before the Justices of our County Court at the Court House on the first day of the next December term, to answer a bill in chancery exhibited against them in our said court by William Patterson and John Patterson, and unless they shall answer said bill within two months thereafter, the court will take the same for confessed, and decree accordingly: and this they shall no wise omit, under penalty of 333 dollars and 33 cents, and have then and there this writ.

Witness, James D. Morris, Clerk of our said Court at the court house of our said county, the 14th day of December, 1850, and in the 75th year of the Commonwealth.

James D. Morris

RETURN: The defendants are no inhabitants of my bailiwick.
Enos Howard, Deputy for S.B. Purdy,
Sheriff of Marshall County.


COMPLAINT

Wm. Patterson and John Patterson Vs. Wm. Miller and others
Bill: Filed, December 7, 1850
County Court, Marshall County

To the Worshipful Court of Marshall County:
Humbly complaining, your orators, William Patterson and John Patterson, respectfully represent that they are the owners of two undivided sevenths of two tracts of land, one situated on the head of Long Run in Marshall County, Va., containing 1000 acres, and the other situated on Whetstone in Wetzel County, Va., containing about 700 acres, and the residue of said tracts is owned by Anne Darcus Miller, the wife of William Miller, Elizabeth Indiana Patterson, Roderick Duke Patterson, Josiah P. Patterson and Edwin Patterson. Your orators and the five others above named are the children and heirs at law of William Patterson, third, late of Vincennes, Indiana, and are joint owners of said lands. Copies of the patents are here filed as parts of this bill, marked A and B, and the originals are in the possession of I. Hoge of Grave Creek, Virginia, the agent for said lands. Each patent is for one thousand acres, but there is an inteference with the tract on Whetstone, so as to reduce the quantity to about 700 acres. These lands were owned by William Patterson, late of Baltimore, Md., who, by his Will dated August 20, 1827, devised them to his grandson, William Patterson, 3rd, during his life, and then to his children in fee, as will appear by the following extract from the last Will of said William Patterson,

"First: I give and devise to my grandson, William, son of William, all that quantity of land my property in Hartford County, near the place called Dublin, the title papers for which have been mislaid or lost, but the property is well known to all the neighbors to be mine for forty years or more.

Second, I give and devise to my said grandson, William, son of William, two tracts of land of 1000 acres each in Ohio County and State of Virginia, lying on or near to Fishing Creek, emptying into the River Ohio for and during the term of the natural life of him, the said William, son of William, and from and after his decease, I give and devise all of the aforesaid land and property lying in Hartford County, Maryland, and Ohio County, Virginia, to the child and children of him, the said William, son of William, in equal proportion and equally to be divided between them, and to the heirs of such child or children of the blood of their father forever."

And your orators represent that they are both over the age of twenty one, and that the other five joint owners hereinbefore named are all under twenty one years of age, and living in the state of Indiana. Your orators pray for partition and division of the said two tracts of land, according to quantity and value, and for the purpose they ask the appointment of three judicious and disinterested commissioners, to lay all and divide said lands, so as to allot two sevenths to your orators, and one seventh to each of the other owners aforesaid in severalty, and that they make report of their proceedings to this court. And your orators pray for process for order of publication, the appointment of a guardian ad litem, and for full and general relief in the premises.

Isaac Hoge, Attorney for Complainants.


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