Southern shield., 1841-05-21

iStGte 0f ArEGnSaS, {
 County of DeShc@,
 In Deshea CircuitCourt March Term there
 of, A. D l84l
 Thompson B Flournoy, conn.,
 piainant, BILL FOR Margaret G Flournoy and PARTITION. others, defendante.
 NA OW onthis day came the complain AW ant in this cause by his solicitor, Gai- ther, S moves the Court for an order of pub lication to be rendered up against the non resident defendants in this cause Where upon the court being sufficiently advised of and concerning the motion made herein as we'll as the law involved herein, it is there fore ordered by the court that this order, together with all and singular the alega- tions contained in said compliments Bill of complaint, be published in the SOUTHERN SHIELD, a newspaper printed in the town of Helena, for at least thirty days, success ively, prior to the next term of this Circuit Court notifying said nonresident defend ants to be and appear at the said term of the Court to plead answer or demur to said complanants Bill exhibited against them, or that the same and the allega- tions therein will be taken for confessed and decree to that effect will be entered mp against them. The form and substance of the allegations in said bill are as follows, to wit
 The complainant, Thompson B. Flour noy, of the County of Deshea. and State of Arkansas, represents that in the years 1884 and 1886, he, together with NotIy M Flournoy, now deceased, and Francis J. keene now resident of the county of Deshea, did by virtue of certain pre-emp- ton rights and purchases made with the general Government through the land offices at Helena and Little Rock, Arkan- sas secure in their own right the following described lands, all lying and situated in what was then the county of Arkansas, but now Deshea and in township seven south and ranges one and two east of the fifth principal meridian, to wit:-Section 23, township south and range east, contain ing $40 acres; west half ot fir section "A, seven south and range 1 east, containing sos acres; southeast fr or. of section "A, south and range 1 east containing l25, acres; southwest fr part of northeast fir. or. of section 24, south and range l east containing 27 acres and 60 hundredths. west half of section 26, 7 south, and rangeI east, containing 320 acres; west half off section 35 z south and range 1 east, con- talning 32Q acres; east half of section 25, 7 south and range 1 east, containing 320I acres; east half of southwest or section 9 / south and range east containing sol acres; east half of south west quarter of section 36 south and range east, con-I talnlng 50 acres; west half of 'aarth -aaSt ar of section 35, south in range l east containing 80 acres; south half of sectionl 30, south and range east containing 320I acres; northwest quarter of section 50, T south and range ? east, containing l6OI acres; north half of section 3l, south and range east containing 320 acres; northI west fir. ar. of section 32 south of rangeI ? east, containing 87 acres 60 hundredths Which lands above described amount toI three thousand one hundred and eghty-sev en acres or whereabouts. The complaint ant further represents that the said landsI were purchased by the joint means of him. self and the said Notly'M Flournoy, decd | and the said Francis J Keene, each havingI contributed the one-third part invested inI said lands, as will hereafter appear and that in consequence of the said contribution it was well understood between the said Notly M and the said Francis J & this pet- toner that they under the purchase afore- said should hold the said land above menI toned as tenants in common; each beingl entitled to an undivided interest of oneI third in the whole number of acres secured, And in order to render this common under standing between the parties more explicit and binding, this petitioner states that thel said Notly M. in his lifetime did execute on the l4th day of March, 1887, under hls own hand a certain instrument of writing, in the words and figures to wit
 "Whereas, I applied to locate all the lands l own in Township south, Range l and east, and it may appear that tits all my own; now be it known that my brother in-law Francis J. Keene, is entitled to one third part of all the lands in said Town ships, including all the Pre-emptions which have been granted to himself and myself and T B Flournoy, the division to be made hereafter so as to suit all concerned; the above is to be considered void until the debts which have been contracted by me since we removed to Arkansas, and paid off and.settled, as the said Francis ). Keene is equally bound with me for one half of all. This l4th day of March, A. D. 1887
 Signed N. M FLOURNOY."
 From the above instrument of writing it