Robert A. Joynes at ux et als vs Patience Heath et als - 13 July 1811 - Transcribed by Gail M. Walczyk
Spelling remains the same.
Joynes, Robert A et als
vs . . . Copy [-----] in Chancery
Heaths

At a Court held for Northampton County the 10th day of June 1811
Robert A. Joynes & Polly his wife, Peggy Ward & Nancy Heath plts agt Delitha Heath Deft: upon a Writ for making Partition of 172 Acres of land with the appurtenances in the parish of Hungar's in this County. This day came as well the Plts by Major L. Pitts their attorney as the Deft by James Sanford her Guardian specially appointed by the Court to defend this Suit; and the Deft by her said Guardian defends the force & injury when &c and say that she cannot gainsay the action of the said Plts nor by that Partition or between the said Deft and the said Plts of the tenement aforesaid with the appurtenances in [-----] aforsd ought to be made &c and grant that partition between the said Deft. & the said Plts thereof be made &c Therefore it is considered by the Court that partition between them of the tenement aforesaid with the appurtenances be made &c But that the Deft be not [-----] because she came the first day according to the summons &c And it is commanded the Sheriff that in his proper person he go to the tenement aforsd with the appurtenances & in the presence of the parties aforesd: by him the said Sheriff to be warned it they are willing to present the same tenement with the appurtenances by the oath of good and lawful men of this County be cause to be divided into four equall Parts having respect to the true value of the same, and deliver & assign one fourth Part thereof to the said Rob. A. Joynes & Polly his wife in right of the said Polly, for her property to be held in severalty by her one other fourth Part thereof to the said Pegg Ward, one other fourth part thereof to the said Nancy Heath & the remaining fourth Part thereof to the said Delitha Heath, [-----] property to be held in severalty aforesd: with the appurtenances that they ought to have, so that as well the said Plts as the said Deft: of their property may aportion themselves: subject never the less to the Dower of Patience Heath Widow of James Heath the said Tenement and that he [-----] such partition so distinctly and [-----] made by the said Sheriff himself at the next Court under [-----] & the Seals of those by whom the same shall be made
A copy
Teste
Thos Lytt: Savage

Northampton County Sct
June 13th 1811
Robert A. Joynes & Polly his wife, Peggy Ward & Nancy Heath Complt agt Patience Heath, Thomas Johnson and Delitha Heath Defts: In Chans The Court do appoint Patience Heath Guardian to the Deft: Delitha Heath who is an Infant under the age of Twenty one years for the special purpose of defending this Suit and thereupon this cause came on by the consent of Parties to be heard upon the Bill & answers whereupon It is decreed & ordered that the Sheriff do sell one half of the Mill & appurtenances in the Bill mentioned on a credit of six months to the highest Bidder, giving previous notice thereof by advertizement, taking Bond of the purchaser [-----] to the Parties in proportion to their respective rights; one sixth of the same to Patience heath in lieu of Dower therein & Ballance between Rob. A. Joynes & Polly his wife in the right of said Polly, Peggy Ward, Nancy Heath and Delitha Heath, and that the Costs be equally borne by the said Parties
A copy
Teste
Thos Lytt: Savage ClC

Survey __ June 1811
Surveyed In obedience to a decree of the worshipfull Court of Northampton County & divided by direction of A jury duly Sworn for that purpose one hundred Twenty seven and 5/8 acres of land between the heirs of James Heath decd in the following order To Robert Joyne & Polley his wife in right of his wife 47 acres and 5/8 in two seperate Tract one 19 1/8 acres the other 23 1/2 acres being lott No 1 To Nancy Heath Lot No 2 Containing 43 1/2 acres with the buildings yards & gardens To Delitha Heath Lot No 3 Containing 48 1/3 acres & to Peggy Ward 38 1/3 acres as may more fully appear by the three Platts hereunto annexed Laid down by a Scale of 40 poles is an Inch ___ June 1811
Rickards Dunton SNC

Sources:

_____. Northampton County VA Chancery Causes, 1721-1816. Robert A. Joyne & Wife et al vs Patience Heath et al, in Chancery, 1811-018. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 19 Mar. 2009</http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>

© Copyright 2009-2012 by Gail M. Walczyk