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October 20. 1841.
Abner E. Thornton, Complainant.
vs.
Nancy Jacobs, Andrew J. Smith, Margaret Smith late Margaret Jacobs, Thomas
Wingfield, Nancy Wingfield late Nancy Jacobs, Wingfield Jacobs and John
Jacobs, Defendants.
Chancery.
This day came the complainant by Hubbard his solicitor, and process having
been served on the said defendants, Nancy Jacobs, Andrew J. Smith, Margaret
Smith late Margaret Jacobs, Thomas Wingfield and Nancy Wingfield late Nancy
Jacobs, and they having failed to enter their appearance herein, and demur,
plead or answere to Complainants Bill and it appearing from the allegations
of Complainant's bill: Therefore on motion of Complainant by his said
solicitor, it is ordered and adjudged by the Court here, that the
allegations in Complainant's Bill contained be taken for confessed, as to
the said last named defendants, and the said defendants Wingfield Jacobs and
John Jacobs having put in their answer to Complainant's said bill by James
S. Ward their Guardian ad litem, and thereby admitting the allegations in
Complainant's Bill; that Nathaniel Jacobs in complainants bill specified, in
his lifetime, on or about the Eighth day of December in the year Eighteen
hundred and thirty six received from the said Complainant the sum of one
hundred dollars money of said Complainant with which to enter in the Land
Office at Washington, Arkansas the North half of the South East quarter of
Section Eleven in town nine South in Range twenty-two West, for the use and
benefit of said Complainant and that afterwards on the ninth day of December
1836, the said Nathaniel Jacobs entered the above described tract of land in
the name of him the said Nathaniel Jacobs, with the money of said
Complainants, and that the said Nathaniel Jacobs in his lifetime so admitted
the facts to be, and that the above described tract of land is situated in
the County of Clark and that the above named defendants are the heirs and
representatives of the said Nathaniel Jacobs deceased, and hold the title
and interest in and to the above described tract of land as held by the said
Nathaniel Jacobs in his lifetime.
Therefore on motion of Complainant by his said solicitor, it is adjudged and
decreed by the Court here, that the above named defendants, Nancy Jacobs,
Andrew J. Smith, Margaret Smith late Margaret Jacobs, Thomas Wingfield,
Nancy Wingfield late Nancy Jacobs, Wingfield Jacobs and John Jacobs convey
to the said Complainant Abner E. Thornton by a good and sufficient deed,
with general warranty only executed and acknowledged in this Court,
aforesaid North half of South East quarter of Section Eleven in Township
nine South in Range twenty-two West, and that said defendants deliver to the
said Complainant all evidence of title relating to or concerning said tract
of land. But because said defendants are not all before this Court, on the
further motion of said Complainant, it is ordered and decreed that James S.
Ward be and is hereby appointed a commissioner herein, and that he convey to
the said Complainant Abner E. Thornton, deed of general warranty, the title
in, and to the aforesaid tract of land in the place and in behalf of the
said defendants, that he only execute and acknowledge said deed before this
Court on or before the third day of the next term of this Court, until which
time this cause is continued.
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Clark County, Arkansas Chancery Record B, 1839-1852, pages 36-37.
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