Your orators further shew unto your Honors, That the said Deceased, died seized and possessed of two separate Tracts of Land lying in the District on the South Pacolet River, one containing, by estimation, four Hundred Acres, more or less, adjoining Land of William T. Wilkins, David Ramsey, Calvin McDaniel, and others. The other containing four Hundred acres more or less, and adjoining Land of Solomon Bishop, Henry Young, David Ramsey, and others, worth, in the whole, some five or six Thousand dollars; That the parties interested under the Will of the deceased, have not been able to effect any division of said Real Estate, in accordance with the terms and provisions contained in said last Will and Testament, and from the peculiar nature thereof will not be able to do so. That partition and division of said Real Estate, giving the directus above mentioned, therefore, remains to be made which, your Orators submit, can only be done in this Honorable Court, and by its order, which will more fully appear from the facts hereinafter stated.

Your orators further shew that of the eleven children named in the will of late Deceased, only four, to wit: - Samuel Bullington, Ursala Howard, (widow) and your Orators are presently living in this state. [BJFD Note: Ursala was Nutty Howard in her father's will.]

That John Bullington moved from this state to Alabama some Twenty years ago, and, as your Orators are informed and believe, has since died, living in that State, his children and heirs at lawm Robert, Stephen, and others whose names are unknown.

That Benjamin moved to the state of Mississippi, some fifteen years ago, and is also dead, leaving children, the number and names of whom are unknown to your Orators;

That Reubin Bullington moved to the state of Georgia, many years ago, and is also dead, leaving children, his heirs at law, whose names and number are also unknown to Complainants, and who reside from and without the limits of this State, as do also the children and heirs at law of the said John and Benjamin.

That Elizabeth Brannon and her husband John Brannon, James Bullington, Jesse M. Bullington, and Lucy Chapman and her husband John Chapman, also reside from and without the limits of this State.

Your Orators, therefore, pray your Honors to grant unto your Orators, the writ of partition of this Honorable Court, to be directed, with proper instruction to suitable persons therein named, commencing then to go to and upon the premises, made the subject of this Bill of Complaint, and make partition and division of the same among those entitled thereto, or if that cannot be done without injury to one or more of the parties in interest, then, that they return plats of said lands, with their evaluation thereof, and that your Honors may order and decree a sale of said lands, for the benefit of the Complainants and Defendants.

May it please your Honors to grant to your Orators all such Rules and orders against the said James Bullington, Jesse M. Bullington, Elizabeth Brannon and her husband James Brannon, Lucy Chapman and her husband John Chapman, the heirs of the said John Bullington, the heirs of the said Benjamin Bullington and the heirs of the said Reubin Bullington, as and necessary to make them parties to these proceedings - so as to effect a partition or division of the Real Estate, made the subject of this, their Bill of Complaint. 

And may it please your Honors to grant to your Orators, the Writ of Supoena and Responindum of this Honorable Court, to be directed to the said Henry Dodd, administrator with the Will annexed as aforesaid, the said Samuel Bullington, & the said Ursala Howard, commanding them under the usual penalties to appear and answer to this your Orators' Bill of Complaint, abide by and perform such orders and Decrees, as shall be made by this Honorable Court, in the premises, and all such other and further Relief, as to your Honors shall deem agreeable to Equity and good conscience.

And the Complainants will ever pray &c.

Trimmier, Counsil, Sol.

William Bullington } In Equity --- Spartanburg

Caleb Bullington }

Vs } Bill for partition of Real Estate

Samuel Bullington }

Henry Dodd, Admr. }

& others } Amendment of Complainants Bill of Complaint

The Complainants William Bullington and Caleb Bullington Shew unot your Honors that since the filing of their original Bill in this case, and before the Service of process on the Defendant ("Ursala" marked out and "Nutty" written above it) Ursala Nutty Howard, the said Nutty Howard departed this life leaving the following heirs, Viz.

The children of Susannah McCallum, To Wit, Sarah Ann, Mary, Martha, Nancy, Stephen, and Thomas, who are said to reside in the State of Tennessee; David Howard, Lucy McCollum widow, Letty High wife of William High, Sally Dupree wife of John Dupree, Nathan Howard, Ellender Williams wife of Levi Williams, Mary Ann Charles wife of Franklin Charles, Matilda Vaughn wife of Hubert J. Vaughn and Robert Howard, her legal heirs and Representatives. That the children of the said Susannah McCollum, above mentioned, Lucy McCollum widow, Letty High & her husband William High, Nathan Howard, Ellender Williams and her husband Levi Williams reside from and without the limits of this State -

May it please your Honors to grant unto your Orators the writ of Subpoena and the Respondants of the Honorable Court to be directed to the said David Howard, John Dupree and his wife Sally Dupree, Franklin Charles and his wife Mary Ann Charles, Huburt J. Vaughn and his wife Matilda Vaughn and Robert Howard, commanding and requiring them under the usual pains and penalties to answer, plead or demur and the usual order to plead against(?) the said Sarah Ann, Mary, Martha, Nancy, Stephen and Thomas McCollum, children of Susanna McCollum decd, Lucy McCollum, widwo, William High and Letty High his wife, and Levi Williams and Ellender Williams his wife, agreeable to Equity and good conscience.

And your Complainants will ever pray

s/ Trimmier, Counsel Sol.

State of South Carolina } In Equity

Spartanburg District } Bill for Partition of Real Estate

To Wm. C. Camp, Surveyor, D. Golightly, Aaron Cannon, David Ramsey, and Branson Hall, Commissioners ~~

Whereas William Bullington and Caleb Bullington lately filed their Bill in the Court of Equity for said District against James Bullington, Jesse Bullington, Elizabeth Brannon and James Brannon, Lucy Chapman and John Chapman, the children and heirs of Benjamin Bullington, the children and heirs of Reubin Bullington, Samuel Bullington, Henry Dodd, adminstrator of Robert Bullington,

the children and heirs of Nutty Bullington Viz The children of Susanna McCollum (Viz Sarah Ann, Mary, Martha, Nancy, Stephen and Thomas), Lucy McCollum (widow), Letty High and William High, Nathan Howard, Ellender Williams and Levi Williams, David Howard, Sally Dupree & John Dupree, Mary Ann Charles and Franklin Charles, Matilda Vaughn and Hubert J. Vaughn and Robert Howard

all being with said Complainants to heirs at Law and divisees of the said Robert Bullington, deceased, late of District and State aforesaid, praying for the partition and division of the Real Estate of the said Robert Bullington, deceased, consisting of two separate tracts lying in the District and State aforesaid, on South Pacolet River, one containing four hundred acres, more or less, adjoining lands of William F. Wilkins, David Ramsey, Calvin McDowell, and others; the other containing four hundred acres, adjoining lands of Solomon Bishop, Henry Young, David Ramsey and others.

These are therefore to command you or a majority of you [the commissioners] to go and assess the premises above detailed and make diligent examination thereof and if you, after being duly sworn faithfully and impartially to Execute this writ find that the premises above detailed will bear a division amongst the complainants and defendants according to their legal Rights, without injury to any of the parties interest, you will proceed to make a division of the same also giving to the Complainants and defendants according to their legal Rights share and share alike having reference to the value as well as the quality Viz: you will assisgn to William Bullington, Caleb Bullington, James Bullington, Jesse Bullington, Elizabeth Brannon, Lucy Chapman, the children and heirs of John Bullington, the children and heirs of Benjamin Bullington, the children and heirs of Reubin Bullington and Samuel Bullington, Each one Eleventh --

to the children and heirs of Nutty or Ursala Howard one tenth of one Eleventh, viz to Sarah Ann, Mary, Martha, Nancy, Stepehen and Thomas, Each one Sixth of one Eleventh; To Lucy McCollum one tenth of one Eleventh, to Letty High, Nathan Howard, Ellender Williams, David Howard, Sally Dupree, Mary Ann Charles, Mitilda Vaughn and Robert Howard Each one tenth of one Eleventh;

and make plats of the same together with your evaluation of Each Separately and make your Return to this Court under hands & Seals.

But if upon such examination of the said land and premises you determine that the same cannot be divided amongst the parties in interest without injury to same, one or more of them, that you cause a Survey to be made of the premises and divide the said tracts into lots if you think it best, with your evaluation of each lot or the whole together and that you Report your opinion on the property of letting the same Either in lots or the whole __?__ together - and make your Return aforesaid.

Witness: T.O.P. Vernon, Commissioner in Equity for Spartanburg District - at Spartanburgh Court House, the twenty seventh day of August one thousand Eight hundred and fifty tree and in the Seventy Eighth year of the Sovereignty and independence of the United States of America.

S/ Thos. O.P. Vernon, Test s/ Trimmier, Counsel. Sol.

Samuel Bullington, &c } In Equity Spartanburg District Bill for Partition

Henry Dodd, Admr. }

& others }

Vs }

William Bullington }

The Separate Answer of Henry Dodd, Administrator With the Will annexed, of Robert Bullington, Deceased, to the Complainants' Bill of Complaint.

This respondent, saving and reserving to himself, all manner of exceptions, to the errors contained in the Complainants' Bill of Complaint, (? Answering a direct ?), that Robert Bullington, deceased, departed this life, at the time and place stated in the Complainants Bill. That he died leaving his last Will and Testament, as stated, and that Exhibit (A) file with this Bill is a true copy of the same, as proved and entered of Record, in the Ordinary's office in this District. This Respondent also admits, no Executor having been appointed by said Deceased, in his last Will and Testament, by R. Bowden, Ordinary of this District, and that by virtue of the authority thereby vested in him, this Respondent has proceeded to take charge of the personal Estate of said Deceased, and to administer the same in accordance with law, and the directions of said last Will and Testament. That he has sold the personal Estate, or as much thereof as was directed to be sold in the will of the deceased, and with the proper inventory, has returned this sale Bill to the Ordinary of the District. The Said personal Estate amounts to about four Thousand five Hundred Dollars and that the debts and liabilities with which said Estate will be charged, do not amount to the whole, to more than three Hundred Dollars, and that therefore said personal Estate is more than amply sufficient to pay the debts of the Deceased.

Your Respondent having fully and particularly answered the Complainants Bill of Complaint -- prays hence to be dismissed with his reasonable ___?___ incurred &c. And your Respondent will ever pray &c.

D {Seal}

Defts Sol.

State of South Carolina }

Spartanburg District }

Personally came before me, Henry Dodd, and made oath that the

facts and allegations made and stated in the foregoing Answer are true as far as they relate to himself, and that he believes them to be true, in reference to Return.

s/ Henry Dodd

Sworn to and subscribed }

before me, this 20^th Dec. 1852 }

s/ Thos. O.P. Vernon, C.E.P.O. }

[Commissioner of Equity Probate Court]

William Bullington } In Equity -- Spartanburg

And Caleb Bullington }

Vs } Bill for Partition

Sam'l Bullington }

Henry Dodd, Admr. }

& others }

The Separate answer of J.B. Tolleson, with __?__ of Elizabeth Brannon and Lucy Chapman, two of the Defts.

This Defendant having and reserving all and all manner of exceptions to the manifold errors &c contained in the Complainants Bill of Complaints is answer to do much thereof as he is advised it it Natural(?) for him to answer, and __?__ admits that Robert Bullington, departed this life at the time and place stated in the Complainants Bill. That he died leaving his last will and testatment, as stated, and that Exhibit A filed with his Bill is a true copy of the same, as entered in record in the Ordinary's office in this District - that the parties next of kin, to the deceased Robt. Bullington died seized and possessed of the Real Estate described in the Complainants Bill which remains to be partitioned and divided amongst the heirs at Law of the Deceased. This Respondent further admits that upon examination, he is satisfied that it is to the interest of the [looks like a legal term ?fimes ?ceveat] of whom he is ___?___ __?__ __?__, that the premises in question should be partitioned and divided and __?__ __?__ as the same can be legally effected, and __?__ yours is the prayer of this Bill for partition and division.

This Respondent having answered prays hence to be dismissed with his reasonable costs &c.

s/ Dean, Defts. Sol [Defendants Solicitor]

[This document was very difficult to read - don't know what it purpose is]