Legal complaint, Barker v. FitzSimons et al., paragraph 15 and verification (15 July 1890)

A typewritten page closing the body of the complaint at the top, followed by an ink signature, then a typewritten oath of verification with two ink signatures and a small drawn seal at lower left.

Conclusion of complaint

for the judgment of this Court, to the end that after fully accounting as Executor and otherwise under these proceedings, he may be fully discharged from all accounting to said Defendants and each of them.

15th: Plaintiff alleges, that Defendant Joe Joiner is not entitled to hold the “Castle Ruin Tract” under the agreement made between him and the said John B. Milliken, assuming to act as Agent for the heirs of Edward P. Milliken, the said Joe Joiner having wholly failed to pay the agreed purchase money or any part thereof and that Plaintiff as Executor and as distributee of Mrs Ellen Barker, and his co-distributees are entitled to Judgment against the said Joe Joiner for the amount of said purchase money and interest and to an Order for sale of said premises as against said Joe Joiner, in satisfaction of the said Debt.

Signed in ink at right:

D. B. Gilliland

Plffs Atty.

Verification

A typewritten oath block with handwritten insertions:

THE STATE OF SOUTH CAROLINA,

Charleston County

BEFORE ME PERSONALLY APPEARED THEODORE G. BARKER, who being duly sworn on oath says that the facts alleged in above Complaint of his own knowledge are true and such as stated on information, he believes them to be true.

SWORN to before me this fifteenth

… day of July A.D., 1890.

Signed in ink at right:

Theodore G. Barker

Below the date line at left, in ink:

W. Huger FitzSimons

Notary Public

S.C.

A small drawn ink “Seal” device appears at lower left.