|Elias Stream & Mary Ann, his wife, Plaintiffs
Elizabeth Waters, Ruth Waters, Rachel Waters & Eliza Ann Waters, Defendants
Jacob Waters, father of the defendants, is appointed guardian ad litum to defend them in this suit: whereupon the defendants & their said guardian, waived the service of a summons appeared and submitted to the order of the court, and the court adjudges and orders that the thirteen acres and an half of land set apart by decree of this court to the plaintiff Mary Ann and the defendants, as their share of the land of Samuel Waltman dec., be sold at public auction to the highest bidders for one half cash and the remainder on a credit of one year without interest, the purchaser giving for the credit payment, land with good security. The time and place of sale to be advertised in one of the newspapers published in Leesburg for four weeks.
Thomas I Marlow is appointed a commissioner to execute this order, and he is directed to make a deed to the purchaser and to bring the money and land arising from the sale into the court subject to its future order - Jacob Waters surrenders his interest as tenant by the courtesy and hereby consents that the land be sold without encumbrance.
To the worshipful the County Court of Loudoun your petitioners Elias Stream & Mary Ann his wife late Mary Ann Waters, respectfully show that by the decree of this court rendered in the cause between the representatives of E[lizabeth] Waters dec. & others and Jacob Waltman the interest of said E[lizabeth] in the land of her deceased father Samuel Waltman dec. & late of this county, is set apart to her, consisting of thirteen acres and an half as will appear viz the proceedings in said suit.
Said [Elizabeth] intermarried with Jacob Waters, and had children your _____ Mary Ann Elizabeth Waters, Ruth Waters, Rachel Waters, & Eliza Ann Waters all of whom are infants: the said land is manifestly worth less than $300 to the share, and the said E[lizabeth] died intestate. Your petitioners are desirous to have said property sold in order to divide the proceeds; and they pray that said infants be summoned and that being represented by proper guardian, the said land be sold and the proceeds divided so as to allow them their share
- your petitioners` Elias Stream & Mary Ann, his wife
|Elias Stream &wife & others plaintiff
Elizabeth Waters & others defendants
Agreeable to the order above referred to having previously advertised
the time and place of sale as directed in the Genius of Liberty a paper
published in Leesburg, I sold the tit (?) of land in said order mentioned to
the highest bidder on the 16th day of February in the year
1833, when Jacob Waltman became the purchaser at twenty dollars per acre.
The tit (?) contains thirteen acres and an half, and the proceeds of sale
amount to two hundred and seventy dollars, of which I received one half in
cash, have made a deed to the purchaser, and taken his land, with _____
actionable security, for the other half, which land together with the sum of
$100.33 the net remainder of the cash payment after deducting
expenses as per ____ joined, ____ joined statement, I hold subject to the future
order of the court. All which is respectfully submitted.