Bill for the partition of the land of Jacob & Leah Honaker
IN THE CIRCUIT COURT OF RUSSELL COUNTY, VIRGINIA
11 day of June, 1968
Clyde Stamper
Alice Stamper Compton
Wade Lincous Stamper----------------------------------Complainants
v. BILL FOR PARTITION OF Real Estate
(Chancery Suit No. 8446)
Lucille Hubbard Honaker Trula Elizabeth Dorsey
147 Algonquin Road 168 Beach Road
Hampton, Virginia 23360 Hampton, Virginia 23360
Mabel Beulah White Charles Kemper White
P.O. Box 542 P.O. Box 542
Honaker, Virginia 24260 Honaker, Virginia 24260
Eliza Jane Cox Hess Bertha Fogleman Hess Morrison
Forest, Virginia 24551 RFD #3 (Yuma Road)
Gate City, Virginia 24251
William Hess Harry Whited Hess
Rosedale, Virginia 24280 Forest, Virginia 24551
Joseph Hess Iris Gallyfriend Hess
801 Oak Grove Road Rosedale, Virginia 24280
Chesapeake, Virginia 23320
Lena Lucy Hess Ray Wilson Charles Hess
Star Route Middleburg, Virginia 22117
Honaker, Virginia 24260
Ruby Beatrice Hess White Emma Hess White
RFD #1 RFD #1
Forest, Virginia 24551 Forest, Virginia 24551
Walter James Hess Eva Newberry Hess
RFD #1 RFD #1 Box 292
Forest, Virginia 24551 Raven, Virginia 24639
Viola Ocie Coleman Genward Garland Hess
RFD #1 Box 292 1921 East 97th ST.
Raven, Virginia 24639 Apartment # 306
Cleveland, OHIO
Garnett Grady Hess Charles Anderson Newberry
Locust Street Raven, Virginia 24639
Richlands, Virginia 24641
Celia Rosina Lowe Alonzo James Nipper
P.O.Box 572 Raven, Virginia 24639
North Tazewell, Virginia 24630
Sp/4 James Emory Nipper Peggy Nipper Smith
52294118 4527 Walcott
U.S.A. Stratcom L.L. Det., Chicago, Illinois
San Francisco, Calf. 96238
Donald Edward Nipper Marie Robinette
P.O.Box 48 c/o Roger Robinette
Chicago, Illinois 5040 North Lockwood
Red Ash, Virginia 24640
Sherman Newberry Irene Jamison
Raven, Virginia 24639 4240 North Kenmore
Chicage, Illinois
Pearl Caskey Ellen Blankenship
RFD #2 Box 41 3700 West George Street
Bensenville, Illinois 60106 Chicago, Illinois 60647
Charles Beverly Newberry Edith Calywith
2733 North Lawndale Ave. c/o Mrs. Ellen Blankenship
Chicago, Illinois 60644 3700 West George Street
Chicago, Illinois 60647
Emma Lee Jamison Bobby Newberry
819 Leland 3632 West Dickens Avenue
Chicago, Illinois 60640 Chicago, Illinois 60647
Geraldine Newberry Lois May Vance
4240 North Kenmore 208 Sunset Street
Chicago, Illinois Bristol, Tennessee 27620
Callie Annette Mercer Hester Faye Mays
RFD #2, RFD #2, Box 156
Bristol, Tennessee 27620 Grundy, Virginia 24614
Hubert Jessie Hess Kenneth Andrew Hess
RFD #1 c/o Lois May Vance
Bluff City, Tennessee 37618 208 Sunset Stree
Bristol, Tennessee 27620
ALL PERSONS unidentified and suspected of being distributees
and heirs at law of Patton Hess, Robert James Hess, John D. Hess
and Etta Newberry, deceased, who were the children of Caroline
Honaker Hess, deceased, who was a daughter of Jacob Honaker, de-
ceased, who are made parties defendand by the general description
of "PARTIES UNKNOWN"-------------------------------Defendants
To the Honorable R.J. Boyd, Judge of the above
style court:
I.
Your complainants, Clyde Stamper, Alice Stamper Compton, and
Wade Lincous Stamper, show unto Your Honor that their mother was
born MOLLIE DORSIE HONAKER, the youngest of the ten children
of JACOB HONAKER AND LEAR (LEAH) TAYLOR HONAKER, and that she
departed this life intestate on the 1st day of March, 1964, at
her home near Honaker on Clinch River in Russell County, Virginia.
Your complainants further show that their mother was twice
married. Her first marriage was to GEORGE WASHINGTON STAMPER
on the 23rd day of November, 1903, and of this marriage was born
the following children, namely: CLYDE STAMPER, MABEL BEULAH, who
married CHARLES KEMPER WHITE, ALICE, who married THORNTON C.
COMPTON, and WADE LINCOUS STAMPER, all of whom are living.
CLYDE, ALICE and WADE LINCOUS are the complainants to this suit,
and MABEL BEULAH and her husband, CHARLES KEMPER WHITE, are the
defendants to this suit. Her second marriage was to one
WILLIAM BIRCHNER HUBBARD on October 23, 1919, and of this marriage
two children were born, namely: LUCILLE, who married one EMMETT
HONAKER, and TRULA ELIZABETH, who married one WILLIAM DORSEY, both
of whom are now living and are parties defendant to this Bill of
Complaint.
II.
That, of the marriage of JACOB HONAKER to LEAR (LEAH) TAYLOR,
five girls and five boys were born, in the order of their ages,
namely: CAROLINE, JOHN WESLEY, MARY, IRA, FLOYD, SCOTT, CHARISA,
LETHA, COWAN, and MOLLIE DORSIE. That JACOB HONAKER was born Feb-
urary 15, 1847, and died August 28, 1921. JACOB HONAKER AND LEAR
(LEAH) TAYLOR were married April 1, 1865. They both are buried in
the family cemetery on the land which is the subject matter of
this Bill of Complaint.
III.
That JACOB HONAKER acquired title to three parcels of real es-
state, which are the subject matter of this suit, as follows:
(a) TRACT 1, containing six (6) acres, lies on the north-
east side of and adjacent to Clinch River, about one fourth
of a mile upstream and above the mouth of Lewis Creek, a
tributary of Clinch River, and in the New Garden Magisterial
District of Russell County, Virginia, by deed of conveyance
from MARTIN HONAKER and ELIZABETH HESS HONAKER, his wife, who
were the parents of the said JACOB HONAKER, said deed bearing
date the 28th day of November, 1882, and which is duly
recorded in Deed Book No.20, at page 311, in the Clerk's
Office of the Circuit Court of Russell County, Virginia.
JACOB HONAKER built a small log house on this tract and lived
thereon until his death. Complainants file herewith a
certified copy of said deed, marked "EXHIBIT No.1--Deed",
and make the same a part of this Bill.
(b) TRACT 2, containing twelve (12) acres, lies upstream
and adjacent to the river and southeast of and adjacent to
TRACT 1 above, and is the same tract of land that was con-
veyed to the said JACOB HONAKER by ELIAS HONAKER and CATH-
ERINE HONAKER, his wife, brother and sister-in-law of the
said JACOB HONAKER, by partition deed bearing date the 10th
day of April, 1899, and which is duly recorded in Deed Book
No. 39, at page 397, among the record aforesaid. Com-
plainants file a certified copy of said deed herewith, mark-
ed 'EXHIBIT No.2--Deed", and make the same a part of this
Bill.
(c) TRACT 3, containing twelve (12) acres, lies north of and
a distance of about one mile from Tracts 1 and 2 above des-
cribed, and is the same property that was conveyed to the
said JACOB HONAKER by JOHN HONAKER and NANCY, his wife, by
deed bearing date the 24th day of February, 1883, and which
is duly recorded in Deed Book No. 20, at page 312, among the
records aforesaid. Complainants file herewith a certified
copy of said deed, marked "EXHIBIT No. 3--Deed", and make
the same a part of this Bill.
IV.
That during the lifetime of the said JACOB HONAKER and LEAH
TAYLOR HONAKER, i.e., on the 14th day of February, 1911, they gave
and conveyed to their daughter, MOLLIE DORSIE, who as aforesaid,
had married one GEORGE WASHINGTON STAMPER, an undivided interest
in a certain portion of their land on which their daughter and
son-in-law had constructed a dwellin house, in which she, the said
MOLLIE DORSIE STAMPER, later MOLLIE DORSIE HONAKER STAMPER HUBBARD
continued to live untile the date of her death, March 1, 1964.
Complainants file herewith said deed of conveyance, which is duly
recorded in the Clerk's Office of the Circuit Court of Russell
County Virginia, in Deed Book No. 47, at page 199, marked
"EXHIBIT No. 4-Deed to MOLLIE DORSIE STAMPER", and make the same
a part of this Bill. Complainants further allege that the un-
divided interest thus conveyed by JACOB HONAKER to his daughter
was never partitioned and set aside to her amongst those persons
to whom his estate passed upon his death intestate, execept as
same appears hereafter in Paragraph XIII, but several acres of
said Tracts No.1 and No.2 were fenced and down through the years
this portion under fence has been known and treated and considered
by the other children of JACOB HONAKER as the property of the said
MOLLIE DORSIE STAMPER, afterwards MOLLIE DORSIE STAMPER HUBBARD.
There are other evidences of the identification of the several
acres occupied, held and used by the said MOLLIE DORSIE STAMPER
HUBBARD in addition to the fences. JACOB HONAKER and LEAH TAYLOR
HONAKER, his wife, in said conveyance to their daughter MOLLIE
expressly provided, to-wit:
"whereas the party of the second part and her husband have
built a good dwelling house on the lands of the parties of
the first part, and the party of the second part not having
and title to the said land on which the house is built, the
parties of the first part convey to the party of the second
part said house and land enough to make her and equal share
with the rest of their children, * * * * * the party of the
second part is to have here share of her Fathers land laid
off so as to be convenient to the house and to include the
house, but the house is not to be valued in making up the
equal share", etc.
Complainants allege in this Court of Equity that they are entitled
to have the undivided one-tenth interest acquired by the aforesaid
conveyance, along with other five shares their mother later
acquired by purchase, as will hereinafter be shown, laid off and
assigned to them and to LUCILLE HUBBARD HONAKER and TRULA
ELIZABETH DORSEY, in such manner as to include the dwelling house
and all improvements erected thereon by their mother and by both
of her husbands, and without being charged with the improvements
in the valuation of said lands of which JACOB HONAKER died seize
and possessed. That JACOB HONAKER and all of his children and suc-
cessors in title to his said lands were and are charged with
notice in said deed and of its contents, that JACOB HONAKER con-
veyed to her a specific portion of his 30 acres, and that MOLLIE
and her first husband made said improvements on the land prior to
the conveyance. That the improvements, the house and a barn and
other out-buildings, placed there by MOLLIE and her husbands con-
stitute a large portion of the value of the real estate, said
improvements being worth several thousand dollars in addition to
the land.
V.
That, during the lifetime of JACOB HONAKER and LEAH HONAKER,
i.e., on September 2, 1918, one of the sons, namely, IRA HONAKER,
and his wife, MANDY, along with the said JACOB HONAKER, conveyed
to GEORGE WASHINGTON STAMPER, the father of the complainants, an
undivided interest in the 30 acres of land, as though it was to
cover or embrace the interest or share of the said IRA after the
death of his father. Complainants file herewith the said deed,
duly recorded in Deed Book No. 59, at page 442, among the records
aforesaid, marked "EXHIBIT No. 5--IRA'S Deed to GEORGE WASHINGTON
STAMPER", and make the same a part of this Bill.
VI.
That SCOTT HONAKER and MARY, his wife, conveyed his undivided
one-tenth (1/10th) interest or share, which he expected to inherit
in the said lands from his father, JACOB HONAKER, to his sister,
MOLLIE DORSIE HUBBARD, who had, in the meantime and after the
death of GEORGE WASHINGTON STAMPER on September 5, 1918, married
one WILLIAM BIRCHNER HUBBARD, as evidence by said deed of con-
veyance dated May 13, 1926, and recorded in Deed Book No. 83, at
page 378, among the records aforesaid. Complainants file herewith
said deed marked "EXHIBIT No. 6--SCOTTS'S Deed to MOLLIE HUBBARD",
and make the same a part of this Bill.
VII.
That CLARISA, a daughter of the said JACOB HONAKER and LEAH
HONAKER, who first married CHARLES STUMP, who died February 6,
1919, and who then married on ELBERT FULLEN STUMP, conveyed here
expected inheritance or undivided one-tenth (1/10th) interest or
share in said lands to her sister, MOLLIE DORSIE STAMPER HUBBARD,
by deed dated the 14th day of March, 1927, and which is duly re-
corded in Deed Book no.83, at page 380, among the records afore-
said. Complainants file herewith said deed, marked "EXHIBIT No.
7--CLARISA STUMPS'S Deed to MOLLIE DORSIE STAMPER HUBBARD", and
make the same a part of this Bill.
VIII.
That LETHA, a daughter of JACOB and LEAH TAYLOR HONAKER,
who intermarried one THOMAS FLETCHER, by deed bearing date the 17
th day of March, 1928, and which is duly recorded in Deed Book No.
83, at page 378, among the records aforesaid, conveyed her expect-
ed inheritable estate from her father, an undivided one-tenth
(1/10th) interest in said 30 acres of land, to MOLLIE DORSIE
STAMPER HUBBARD. Said deed is herewith filed, marked "EXHIBIT
No. 8 - LETHA FLETCHER'S Deed to MOLLIE DORSIE STAMPER HUBBARD",
and make the same a part of this Bill.
IX.
That MARY, a daughter of JACOB AND LEAH TAYLOR HONAKER,
who intermarried on FRANK RAY, by deed bearing date the 9th day
of April, 1928, and which is recorded in Deed Book No. 83, at
page 381, conveyed her expected inheritance from her father, an
undivided one-tenth (1/10th) interest or share in said 30 acres
of land, to MOLLIE DORSIE STAMPER HUBBARD. Complainants file
herewith said deed, marked "EXHIBIT NO. 9 - MARY RAY'S Deed to
MOLLIE DORSIE STAMPER HUBBARD", and make the same a part of this
Bill.
X.
That FLOYD H. HONAKER, a son of JACOB AND LEAH HONAKER,
by deed bearing date the 9th day of March, 1932, and recorded in
Deed Book No. 194, at page 466, conveyed his inherited undivided
one-tenth (1/10th) interest in his father's 30 acres of land, the
the father having died March 6, 1932, to his sister, MOLLIE DORSIE
STAMPER HUBBARD. Complainants file herewith said deed, mark
"EXHIBIT No. 10 - FLOYD H. HONAKER'S Deed to MOLLIE DORSIE STAMPER
HUBBARD", and make the same a part of this Bill.
XI.
Thus, it will be seen from the foregoing grants that
MOLLIE DORSIE STAMPER HUBBARD acquired an undivided six-tenths
(6/10th) interest in the lands of which her father, JACOB HONAKER
was seized and possessed; that is to say 1/10th by grant from her
father, 1/10th from SCOTT, 1/10TH from CLARISA, 1/10th from LETHA
1/10 from MARY, and 1/10th from FLOYD, all by grants; and that
GEORGE WASHING STAMPER acquired IRA'S undivided one-tenth (1/10th)
interest in the said 30 acres of land, by grants.
XII.
That MABEL BEULAH STAMPER WHITE, one of the children of
MOLLIE DORSIE STAMPER, who intermarried on CHARLES KEMPER WHITE,
along with her husband, acquired and purched the undivided one-
tenth (1/10th) interest or share of her uncle, COWAN HONAKER, in
said 30 acres of land, and evidenced by deed bearing date 6th day
April, 1940, and which is duly recorded in Deed Book No. 106, at
page 245, among the records aforesaid. Complainants file herewith
said deed, and marks "EXHIBIT No. 11 - COWAN HONAKER'S Deed to
CHARLES KEMPER WHITE and MABEL BEULAH WHITE", and make the same a
part of this Bill.
XIII.
At this juncture, as of August 13, 1959, and notwithstand-
ing that three of the ten shares were still outstanding in the
lands of JACOB HONAKER, deceased, that is, the 1/10th share of
IRA, which had been acquired by GEORGE WASHINGTON STAMPER, as
aforesaid in Paragraph V, and who had died intestated leaving
these three complainants and MABEL BEULAH WHITE, the 1/10th share
of CAROLINE, who had died in the year 1909 leaving issue who took
and the 1/10th share of JOHN WESLEY HONAKER, who died November 26,
1929, and prior to the date of the death of his father, JACOB
HONAKER, leaving issue who took through but not from their father,
MOLLIE DORSIE STAMPER HUBBARD and WILLIAM BIRCHNER HUBBARD, her
second husband, on the one hand, and CHARLES KEMPER WHITE and
MABEL BEULAH WHITE, his wife, on the other hand, then being under
some erroneous impression, apparently, that they were the sole
owners of all of the lands which JACOB HONAKER had one owned, that
is, 30 acres in all, partitioned, or undertook to partition, said
lands, or at least partitioned, or undertook to partition TRACT 1
containing 6 acres, and TRACT 2, containing 12 acres, and which
two tracts adjoin and border on the river. Said deed of partition
is dated the 13th day of August, 1959, and is duly recorded in
Deed Book No. 172, at page 28, among the records aforesaid.
Complainants file herewith said deed of partition, marked "EXHIBIT
No. 12 - Partition Deed HUBBARDS and WHITES" and make the same
a part of this Bill. Hereafter, the three outstanding undivided
shares are considered. The purported partition was made in good
faith, but without the heirs of JOHN WESLEY HONAKER, and these
complainants, and the heirs of CAROLINE HONAKER HESS being parties
thereto. JOHN WESLEY HONAKER had died November 26, 1929,
intestate, and his share or undivided interest which he stood to
inherit had passed to his heirs; thes complainants had inherited
and undivided three-fourths (3/4) interest in the share of one-
tenth (1/10th) interest IRA had conveyed to their father, GEORGE
WASHINGTON STAMPER; and CAROLINE HONAKER HESS had died in the year
1909, intestate, and the undivided one-tenth (1/10th) interest or
share which she stood to inherit had she survived her father pas-
sed directly to her descendants upon the death of her father.
Hereafter, as to these three shares or undivided interests will be
considered in the next three succeding paragraphs of this Bill.
Complainants allege that it will be to the best interests
of all the present co-owners to annul and set aside the water right
provided for in the purported deed of partition on August 13, 1959,
EXHIBIT No. 12; and for the Court to hold and adjudicate that the
said water right be no longer considered as an appurtenance to the
lands which complainants contend should be sold in this cause,
that is, 26.22 acres, more or less; and that the WHITES should
take and hold the 3.78 acres free of any burden of such an
easement over and across from their land.
XIV.
The undivided one-tenth (1/10th) interest or share of the
children of JOHN WESLEY HONAKER was conveyed, subsequent to the
aforesaid LEONARD, NETTIE HESS and DORA SHEPPARD and his three
grandchildren, purported partition, by his three children,/namely,
JOHN ROBERT HONAKER, JAMES FRANKLIN HONAKER, and GEORGE BEN HONAKER,
children of EARL HONAKER, a deceased son of JOHN WESLEY HONAKER, to
CHARLES KEMPER WHITE and MABEL BEULAH WHITE, as evidenced by deed
bearing date the 28th day of December, 1965, and which is duly
recorded in Deed Book No. 199, at page 1, among the records afore-
said. Complainants file herewith said deed, marked "EXHIBIT No. 13
Deed JOHN WESLEY HONAKER'S Issue to WHITES", and make the same a
part of this Bill.
XV.
That GEORGE WASHINGTON STAMPER died intestate on the 5th
day of September, 1918, having acquired by purchase the undivided
1/10th interest of IRA HONAKER, as set forth in Paragraph V above,
and this undivided 1/10th interest passed and descended to his
children, namely, WADE LINCOUS STAMPER, ALICE STAMPER (who became
ALICE STAMPER COMPTON), and MABEL BEULAH STAMPER (who later became
MABEL BEULAH WHITE), AND CLYDE STAMPER. WADE LINCOUS STAMPER,
CLYDE STAMPER, and ALICE STAMPER COMPTON, by deed bearing date
the 5th day of February, 1966, conveyed their undivided three-fourths
(3/4) interest in the said one-tenth interest to their sister and
brother-in-law, MABEL BEULAH WHITE and CHARLES KEMPER WHITE, which
said deed is duly recorded in Deed Book No. 199, at page 96, among
the records aforesaid. Thus, IRA's share passed in such manner
that MABEL BEULAH WHITE now owns an undivided 5/80 part and
CHARLES KEMPER WHITE owns and undivided 3/80 parts of the whole
30 acres. Complainants file herewith said deed, marked "EXHIBIT
No. 14 - Deed STAMPER HEIRS to WHITES", and make the same a part
of this Bill.
XVI.
That seven-elevenths (7/11) of the one-tenth (1/10) interest which
would have passed to CAROLINE, had she survived her father, and
who was a daughter of JACOB AND LEAH TAYLOR HONAKER, who intermarried
one JACOB S. HESS, came to be owned by the said MABEL BEULAH WHITE
and CHARLES KEMPER WHITE, as here and now stated, CAROLINE HONAKER
HESS departed this life, as above stated, in the year 1909, prior
to the deaths of her father and mother. Seven of her children,
namely ELBERT HESS, DORA HESS CORDLE, MOLLIE HESS TAYLOR, ROSA HESS
PROFFITT, EVELYN HESS PROFFITT, ANNA C. HESS TAYLOR, and PAULINE
HESS PROFFITT, by deed bearing date the 6th day of November, 1965,
and which is duly recorded in Deed Book No. 198, at page 650,
conveyed their interest to MABEL BEULAH WHITE and CHARLES KEMPER
WHITE. Complainants file herewith said deed, marked 'EXHIBIT NO.
15 - Deed of Part of Heirs of CAROLINE HONAKER HESS to WHITES",
and make the same a part of this Bill.
XVII.
That the remaining children of CAROLINE HONAKER HESS,
namely, PATTON HESS, ROBERT JAMES HESS, ETTA HESS NEWBERRY, and
JOHN D. HESS, all departed this life intestate survivied by heirs
to whom their respective undivided interests passed, as follows:
(a) PATTON HESS-died February 22, 1954, survived by
ELIZA JANE COX HESS, his widow, who was born June 1893,
and BERTHA FOLGLEMAN HESS, WILLIAM HESS, HARRY WHITED HESS,
JOSEPH HESS, IRIS GALLYFRIEND HESS, LENA LUCY HESS RAY,
WILSON CHARLES HESS, EMMA HESS WHITE, RUBY BEATRICE HESS
WHITE, WALTER JAMES HESS, his children, who constitued
his sole heirs at law and distributees.
(b) ROBERT JAMES HESS-died November 10, 1959?, survived by
EVA NEWBERRY HESS, his widow, who was born Janurary 3, 1892
and VIOLA OCIE HESS COLEMAN, GLENWARD GARLAND HESS, and
GARNETT GRADY HESS, his children, who constitute his
sole heirs at law and distributees.
(c) ETTA HESS NEWBERRY-died November 10, 1959?, survived
by CHARLES ANDERSON NEWBERRY, her husband, who was born
April 24, 1886, and CELIA ROSINA NEWBERRY LOWE, a daughter,
LAURA ADAFAIR NEWBERRY NIPPER, a daughter who died
intestate June 29, 1960, survived by ALONZO JAMES NIPPER,
her husband, and JAMES EMORY NIPPER, PEGGY NIPPER SMITH,
and DONALD EDWARD NIPPER, her children; and MARIE NEWBERRY
ROBINETTE, SHERMAN NEWBERRY, IRENE NEWBERRY JAMISON,
PEARL NEWBERRY CASKEY, ELLEN NEWBERRY BLANKENSHIP, CHARLES
BEVERLY NEWBERRY, EDITH NEWBERRY CALYWITH, EMME LEE NEWBERRY
JAMISON, BOBBY NEWBERRY, and GERALDINE NEWBERRY, also
children of ETTA HESS NEWBERRY, who constitute her sole
heirs at law and distributees.
(d) JOHN D. HESS-died November 17, 1935, survived by LOIS
MAY HESS, his widow, who was born May 23, 1906, and who has
since married on ROY HERMAN VANCE, and CALLIE ANNETTE HESS
who married PAUL MERCER, HESTER FAYE HESS, who married
one OAKLY MAYS, and KENNETH ANDREW HESS, who constitutes
his heirs at law and sole distributees;
and that all of the aforesaid persons, as your complainants are
advised and believe, are now living and their addresses are correctly
set forth in the caption of this Bill of Complaint; and all are above
the age of twenty-one years and are sui juris.
XVIII.
That, as the title to the thirty (30) acres of land of
JACOB HONAKER now stand, the heirs of MOLLIE DORSIE STAMPER HUBBARD
namely, CLYDE STAMPER, ALICE COMPTON, WADE LINCOUS STAMPER, your
complainants, and MABEL BEULAH WHITE, LUCILLE HUBBARD HONAKER and
TRULA HUBBARD DORSEY own six of the ten shares, that CHARLES KEMPER
WHITE owns and undivided 447/2640 part of the whole lands; that
five of the six heirs of MOLLIE DORSIE STAMPER HUBBARD own 1320/2640
parts of said lands; that CHARLES KEMPER WHITE and MABEL BEULAH WHITE
his wife, together own and undivided 1224/2640 interest, or 51/110
parts of the whole; that your complainants and LUCILLE HUBBARD HONAKER
and TRULA ELIZABETH DORSEY, and the heirs of PATTON HESS, ROBERT
JAMES HESS, ETTA NEWBERRY, and JOHN D. HESS, together own all the
remaining undivided interests in the whole, have a 1416/2640 interest,
or 59/110 parts, of the whole. Complainants file herewith a
schedule showing the fractional parts owned by the various owners,
marked "EXHIBIT No. 16 - Schedule of Interests", and make the
same a part of this Bill.
XIX.
Complainants allege there is approximately 3.78 acres of the
land purported to have been assigned to CHARLES KEMPER WHITE and
MABEL BEULAH WHITE in the partition deed of August 13, 1959 (EXHIBIT
no. 12), by MOLLIE DORSIE STAMPER HUBBARD and her husband, WILLIAM
BIRCHNER HUBBARD, and on which the WHITE'S many years ago built a
dwelling house and made other valuable improvements amounting to
several thousand dollars, and on which said lands they have lived
for, lo, these many years; that they have occupied said 3.78 acres,
have it fenced or otherwise indicated by markings and physical evi-
dences; that the 3.78 acres is a portion of the six acres which was
purchased by JACOB HONAKER, and is designated in the Bill as TRACT
no. 1; that complainanats allege the the 3.78 acres, considered with-
out any improvements thereon, is equal in value to 51/110 parts of
the whole 30 acres; and that all the remaining portion of the 30 acres
being 26.22 acres, more or less, considered without improvements
thereon, is equal in value to 59/110 parts of the whole; that the
said CHARLES KEMPER WHITE and MABEL BEULAH WHITE will be willing to
take and accept the 3.78 acres as representing all of their interests
in the JACOB HONAKER lands, and that the same should be alloted to
them with all the improvements they have placed thereon; that on ac-
count of so many persons with diversified fractional interest in-
volved as ownere of the remaining 26.22 acres of the JACOB HONAKER
lands, it would be utterly impossible to divide the same in kind and
that same should be sold by order of Your Honor's Court and the
proceeds of the sale divided according to the interests of the
owners.
XX.
There are or may be other persons interested in the subject
matter of this Bill, particularly persons unidentified and suspected
of being distributees and heirs at law of PATTON HESS, ROBERT JAMES
HESS, JOHN D. HESS and ETTA NEWBERRY, as alleged in the caption.
XXI.
Complainants would show that there is a private family cemetary
located upon the said lands, lying north of and close to the barn
that was erected upon the lands by GEORGE WASHINGTON STAMPER, estab-
lished by specific grant and dedication made by JACOB and LEAH
HONAKER to JOHN WESLEY HONAKER and others, dated March 3, 1919, and
duly recorded in Deed Book No. 58, at page 490, among the records
aforesaid. Said cemetery is laid off into a square, and is now en-
closed, or partly enclosed, by fence, and contains one-half acre.
Complainants file herewith and attested phot copy of said deed, mark-
ed "EXHIBIT no. 17 - Deed to Cemetery", and make the same a part of
this Bill.
XXII.
Complainants allege that under date of January 25, 1906,
JACOB HONAKER, and LEAH, his wife, conveyed to Clinch Valley
Barytes Company a strip of land sixty feet (60 ft.) in width for
the purpose of construction a railroad trach thereon, which said
strip extended through TRACT NO. 1. and TRACT NO.2, and in general
lay with the waters of Clinch River and of varying distances from
the River of from about eighteen feet to two hundred feet. Clinch
Valley Barytes Company, a corporation, thereafter, by deed bearing
date September 18, 1907, conveyed said strip of land and all its
rights thereto the Norfolk and Western Railway Company, and said
deed is duly recorded in Deed Book No. 42, at page 307, among the
records aforesaid. Complainants allege that the Norfolk & Western
Railway Compan many years ago ceased to operate its trains over
said strip, removed its tracks and all it equipment. Complainants
are not advised as to the ownership of said strip of land at the
present time, but verily believe the Railway Company has abandoned
the strip of land and all its right and title thereto, and the land
and title have revert4ed to the present land owners, who are in
possession of tand are using said strip.
XXIII.
Complainants allege that several years ago the County of
Russell and the Department of Highways of the Commonwealth opened
a public road through the lands along the River, that is, the 6
acres and 12 acres, being Tracts No. 1 and No. 2. described in
this Bill of Complaint; that the public road is designated
Secondary Highway No. 723, and constitutes a spur from Secondary
Highway No. 653, which is the Lewis Creek Public Road. The spur
extends up the River a distance of 0.4 of a mile.
XXIV.
Complainants allege that the JACOB HONAKER lands are
assessed upon the 1967 Land Book of Russell County, as follows:
(a) On page 240, line 2, to CHARLES KEMPER WHITE and
wife, 3 acres on Clinch River in New Garden Magisterial
District, the land being valued at $120, improvements at
$760, or a total assessed value of $880.00.
(b) On page 240, line 3, to CHARLES KEMPER WHITE and
MABEL WHITE, house and 24 acres, the land being assessed
at $280, improvements $960, or a total accessed value of
$1240.00.
Thus, making all of said lands assessed at $400.00 and improvements
at $1,720, or a total assessed valuation of $2,120.00 for the lands
and improvements.
XXV.
Complainants allege that said lands should be surveyed by
direction and order of Your Honor's Court; that the lands under the
possession of the WHITE'S, containing 3.78 acres, more or less,
should be specifically shown on a plat, and also the Secondary
Highway no. 723; that a survey is imperative in order that the
Court may make partition in kind to the WHITES, and direct a sale of
all the remainder of said lands and to afford all parties in interest
a complete understanding of the property and their respective rights, and
to afford prospective pruchasers a full and complete knowledge of
said lands, the location thereof, the boundary lines, etc.
XXVI.
Your complainants and the said defendants are the co-
owners in fee simple of said lands known as the 30 acres that was
owned by the said JACOB HONAKER, and the object of this suit is to
procure a partition thereof in some method prescribed by law.
Complainants allege that it is obvious that the rights of all persons
in interest cand and shold be protected under all the facts and
circumstances and conveyeyances heretofore made during and after
the life of JACOB HONAKER; that those persons and their successors
in title who have placed valuable improvements on said lands
should be protected; that the WHITES should be assigned and
alloted in kind the 3.78 acres of land; that it is obvious that the
remainder of said lands cannot be partitioned in kind amongst
so large a number of co-owners, and that a partiition in kind
is wholly impossible, and that no one or more of the co-owners is
willing to take the remainder of the property at its value and pay
to the other co-owners the value of their respective shares; and
your orators allege that it is to the advantage and interest of
all parties concerned that the remainder of the property be sold
as a whole in order to effect a partition and the proceeds of
the sale be divided by the Court amongst the various parties
according to their respective rights in said real estate.
XXVII.
WHEREFORE, your complainants PRAY that a partition of
the real property that was owned by JACOB HONAKER as hereinabove
alleged be made by the Court in this cause in one of the modes
prescribed by law; and particularly by assinging CHARLES KEMPER
WHITE and MABEL BEULAH WHITE the lands on which they have made
improvements, containing 3.78 acres, more or less, and without
considering improvements made by them; that the remainder of
said lands be sold as a whole and the proceeds of the sale divided
among those entitled thereto; that a reasonable attorney's fee
be allowed counsel for complaintants for services rendered to the
parceners unrepresented by counsel. And for general relief.
CLYDE STAMPER
ALICE STAMPER COMPTON
WADE LINCOUS STAMPER
By Counsel
Geo A. Pruner
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Counsel for Complainants
Lebanon, Virginia 24266
This file contributed by: Peggy Wooldridge
visitor since July 28, 1998
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