Legal complaint, Barker v. FitzSimons et al., paragraphs 11–12 (1890)

A typewritten page continuing the legal complaint. Several phrases are inserted in ink in a clerical hand above and between typewritten lines.

property is wholly insufficient to pay the debts of Plaintiff’s Testator.

11th: That the real estate to which the children of Mrs Ellen Barker above named as Plaintiff and Defendants, are entitled by descent, to wit: the land in Williamsburg County above described, the Mulberry Plantation Ellery and Pineland Tracts in Berkeley County and the one undivided one-half of the CASTLE RUIN TRACT, above mentioned, in Berkeley County, which last estate descended to them as heirs at law and distributees of Miss Susan Milliken, sole devisee of Edward P. Milliken and of the other moiety of which said John B. Milliken was seized by like inheritance from his sister and as to which moiety he died intestate is incapable of being partitioned in kind between the said children of Mrs Ellen Barker as distributees of Ellen Barker by descent said John B. Milliken, and the CASTLE RUIN TRACT, and Ellery Tract, cannot be divided in kind between them as owners of one moiety, and the Estate of John B. Milliken as owner of the other moiety; all of said property can only be equally divided by means of a sale and distribution of the proceeds.

12th: That the agreement for the sale of said Castle Ruin Tract, to the above named Joe Joiner was made and entered into by said John B. Milliken, acting for himself and the other heirs at law of Edward P. Milliken, with said Joe Joiner on the Second day of April 1888, and the said Joe Joiner thereby agreed to pay the said purchase money in six equal annual instalments with interest on all amounts unpaid, payable annually, until the whole of the purchase money and interest shall have been paid; and it was agreed that when the whole purchase money and interest is paid, then and not before, the said Joe Joiner shall be entitled to have and receive a Deed of Conveyance in fee simple of said land. That said Joe Joiner farther agreed to pay all taxes due on said land(at date of said agreement)and all taxes that may become due.