A lawsuit P.B. Deans filed against the heirs of Willis Jones illustrates the peril of heir property. Jones died without a will, leaving his land to pass collectively to his many children. Five sons — Noel, Henry, Alexander, Willis K., and Payton Jones — sold their one-tenth shares to Patrick B. Deans, a white farmer on the climb. With a claim to half the total shares, Deans successfully petitioned Wilson County Superior Court to force the sale of the property — and push any remaining Joneses off the land.

——

P.B. Deans vs. Shade Jones; Essick Barnes & wife Thany Barnes; Kingsbury Taylor & wife Charity Taylor; Josiah Jones; the heirs at law of Jacob Jones, to wit John Harry Jones, Jesse Jones & wife Eliza; Joseph Powell & wife Charity; Stephen Jones’ heirs, to wit Tempsie Ann, Susan & Maggie; Nathan Jones & wife Diana; Millie Ann, Nancy, and Josiah Jones Jr.

North Carolina, Wilson County} In the Superior Court

To the Honorable, the Superior Court,  The petition of P.B. Deans respectfully showeth unto the court that he with the defendants are tenants in common of a tract of land in Old Fields township County and state aforesaid adjoining the land of the late Gray Lodge, H.J. Deans, Stephen Deans, Mary E. Deans, and B.G. Simpson known as the Thaney Jones land containing the 99 acres more or less

That by reason of the purchase of and the shares of Noel Jones, Henry Jones, Alex Jones, W.K. Jones, and P.A. Jones, he is entitled to 5/10 of said land and the defendants to the other 5/10

That by reason of the seize and situation of the said land and the and the number of shares into which it is to be divided actual partition cannot be made without injury to some of those entitled to share in the same except by sale

That of Jacob Jones’ children, Nancy, Milly and Josiah are infants; and Susan, Tempie and Maggie Jones, children of Stephen Thomas Jones, without any Guardian. That Josiah Jones is resident of South Carolina when last heard from and Kingsberry Taylor and wife Charity are residents of the state of Indiana when last heard from.

The petition therefore prays the Court to appoint a suitable person Guardian ad litem for the infant defendants named to plead answer on demur to the complaint in their behalf and that service be made upon the non residents by publication and for order of sale to me made by a commission to be appointed by the court authorized and empowered to sell convey and distribute proceeds according a further order.

And as in duty bound &c, Geo. W. Blount for Plaintiff   Jul 3 1883

Wilson [County, North Carolina] Probate Estate Case Files 1854-1899, http://www.familysearch.org