Southern shield., 1841-05-21

considered void until the debts which have been contracted by me since we have re- moved to Arkansas, are paid of and set Itled as the said Francis J. Keene is equal |ly bound with me for the one half of all the said debts. 18th March, 1887.
 Signed, N. M. FLOURNOY." From which said last mentioned instru-
 ment of writing, it will be apparant to your honor that the said Notly M in his lifetime did acknowledge that this petitioner who was his brohern-law, was entitled to one
 third part of all the lands secured as afore-
 said in township seven south and ranges
 one and two east and that it was contem-
 plated by the said parties securing said
 lands, and especially by the said Notly M,
 that an amicable division of said lands
 should be made between the parties at
 some period thereafter that would suit the
 Inconvenience of all concerned. Your petl-
 tioner would further represent that as to
 this condition which was incorporated by the said Notly M in the last mentioned in-
 strument of writing true copy oi winch lis above given, namely that the transfer therein made should be void and inettectu-
 al as to this petitioner, until all the debts I which had been contracted since thelr re- moval to Arkansas, should. be paid of and
 settled, that the same has been compiled
 with on the part of this petitioner, so far
 as he was liable for said debts, with the eX- ception of six hundred and sixty-six dol lars, which he is ready to pay at any time when called on, and that therefore, under the said instrument as executed by the said ] Notly M as last aforesaid, and also by no- 'Itice of the general understanding which sub
 sisted between this petitioner, the said Not z! !ly M, and the said Thom pson B., as to the 1, interest which each should have in and to { the lands secured by pre-emptlon rights , and purchases aforesaid, your petitioner IS f now fully entitled to one third part of said lands. And your petitioner would further { represent that in as much as the interest f which he holds and claims to the lands !, above described, is an undivided third part 3 thereof, and is held by him at present as ! tenant in common with others. And as he r is extremely desrous that partition should : be made so that he may be able to reduce g into possession so much thereof as real - Ilv belongs to him-he asks the lnterven- e ton of this court that the end in view may d be accomplished to the satisfaction of all l. concerned. And this petitioner would fur Il ther represent that on the twenty-seventh e day of October, or whereabouts, in the year ,- eighteen hundred and thirty-seven, the said d Notly M FIournoy departed this life, lntes- T. tate, leaving Margaret G. Flournoy his wld- d ow and relict, and also Thomas Flournoy, n Geo. Flournoy, and David F'lournoy, infant i children of the said Notly NJ. and the said T Marearat q late his wife, who, as your o petitioner is informed and believes, are the n only heirs, and representatives of the said lgI Notly M decd. And petitioner would e. further state that on the twentieth day of y, January, eighteen hundred and thirty eight IL or thereabouts, the said Margaret c. wid- IS ow as aforesaid, did take out letters of ad-
 ministration upon the estate of the said Il Notly M dec'd., and has proceeded under n the same to administer the goods and chat IT tels, lands and tenements, belonging to 1t said estate And your petitioner would fur Q ther state, that thesaid ThompsonB. Flour i'd noy, under the instrument of writing before IS mentioned and by the general understand d ing heretofore referred to, is entitled, as this S. petitioner believes, to one third part of the Il lands secured as aforesaid, by the said V Notly M, the said Thompson B., and this e petoner To the ndtherefore may it please 5, your honor, that partition of the lands
 herein before mentioned, may be speedily of made between the several claimants, v and that according to the requirements e of the Statute in such cases made and pro- S vided, the prayer of you petitioner, there
 fore is that the said Margaret c. Flournoy l. widow and relict as aforesaid of the said l. Notly M Flournoy, decd, and Thomas o Flournoy, Geo. Flournoy 6 David Flour {, noy, infant children as aforesaid, and legal
 heirs of the said Notly NJ. decd and the g said Margaret GFlournoy, admnistratrix ' of the estate of the said Notly M. decd, [. and the said Thompson B. Flournoy, be e made parties defendants to this petition; and d that they be summoned to be and appear e at the next term of the honorable Circuit d Court to be held in and for the county of l. Deshea on the first Monday, after the fourth r. Monday in March next, to plead, answer, s or demur to the same.
 | And your petitioner would further pray, + that such other persons as may claim to e be interested in the premises and who may s hereafter become known to your Honor, : may be made defendants to this petition, 2 and may be required to plead to the same. + And this petitioner would further pray, that : a Guardian or Guardians ad l5tem may be l appointed by your Honor, who shall be re- Izx IL Il. {