Southern shield., 1841-05-21

lIln day ol January, 1850, and III tne llIe-
 time of the said NotIy M the said Notly :. NJ. did Execute under his own hand cer- Itain other instrument of writing, in the
 words and figures following, to wit ] "Whereas, have applied to locate all the
 lands which own in Township 7 South
 enc East-and it may appear that it is
 all my own now be it known that my broth
 CT T. B. Flournoy is entitled to one third Ipart of all the lands saved in said Town
 ship, including all the Prescriptions which
 have been granted to himself and myself
 and Francis J. Keene. A division to be made hereafter so as to suit all concerned.
 The said T. B. Flournoy having advanced
 one third part of the entire costs of saving
 said lands. January the 18th, 1886.
 Signed N M FLOURNOY."
 And upon the back of said instrument Of
 writing true copy of which is above giv-
 en, there was an endorsement made in the
 hand writing of the said Notly M., as fol i lows to wit H
 The within was also intended to em
 brace all the lands owned by me ih Town
 ship seven South, two East, so far as one
 third part Signed N M. FLoURNoE
 March 2nd 1887"
 From the above instrument of writing and the endorsement thereon it will be apparant that the said Notly M. did acknowledge in his lifetime that the said Thompson B.. his brother, was entitled to one third part of all the lands which were saved or secured by
 Pre-emphon or purchases of the part of ba M %l I
 and this Petitioner, in Township seven South, Range one and two East; and that it was contemplated by the above parties, and particularly by the said NotIy M, that an amicable partition of the foregoing descrb- | ed lands, should be made at some period | thereafter, so as to suit the convenience of all having an interestin said lands. And lyour Petitioner would further represent that in as much as the interest which he holds and claims to the lands above des- crlbed, is an undivided third part thereof, and is held by him at present as a tenant lin common with others-and as he is ex- Itremely desirouS that a partition should be made, so that he may be able to reduce into possession so much thereof as ready belongs to him; he asks the intervention Of this Court that the end in view may be ac- Icomplished to the satisfaction Of all con- cerned This petitioner would further re- present, that on the 27th day of October, or, whereabouts, in the year 1887, the said Notly M, Flournoy departed this life ntest- ate leaving Margaret G Flournoy his widow and relict, and also Thomas Flournoy, George Flournoy, and David Flournoy, in- fant children of the said Notly M and the said Margaret. late his wife, who as your Petitioner is informed and believes, are the 9aY sadY H6V Heg Asf M e9 aGd d vohq 9f the
 would further state, on the 2nd day of Ian uary or, whereabouts, the said Margaret C. widow as aforesaid, did take out letters of Administration upon the estate of the said Notly M, and has proceeded under the same 10 administer the goods and chattles, lands and tenements, belonging to the said estate. And your petitioner would further state, that the said Francis J. Keene under the instrument of writing before mentioned and by the general understanding hereto fore referred to, is entitled as the petitioner believes to one third part of the lands SC cured as aforesaid by the said Notly M. the said Francis J. and this petitioner to the end therefore that partition of the lands hereinbefore mentioned may be speedily made between the several claimantsl that according to the requirements of the Stat ute in such cases made and provided the prayer of your petitioner is, that the said Margaret c. Flournoy, widow and relict as aforesaid ofthe said Notly M Flournoy; David Flournoy, Thomas Flournoy, Geo. Flernoy, infant children as aforesaid and legal heirs of the said Notly M., decd, and the said Francis J. Keene be made parties defendants to this petition, and that they be summoned to be and appear at the next term of the Hon. Circuit Court, to be held in and for the County of Deshea on the first Monday after the fourth Monday in March next, to plead, answer or demur to the same. And your petitioner would further pray, that such other persons as may claim 10 be interested in the premises, and who may hereafter become known to your Honor may be made defendants to this pe- tition and required to plead to the same.- And this petioner would further pray, that Guardian or Guardians ad litem, may be appointed by your Honor, who shall be required to protect and defend the rights of the said minors, who are made defendants to this petition. And that further, that such other and general relief may be extended by your Honor to this petitioner as may seem mostjust and right in the premises consistent with the Statute in such cases provided-and your petitioner will ever