Noah Henry et al

against

B.F. Aiken et al

Decree fee Sale

Oct. 10, 1887

Entered p 9
126

This cause coming on to be heard at my office in Hendersonville on the 8th Day of October 1887, and it appearing to the satisfaction of the court that all the necessary parties to this action have been served with notices either by acceptance, personal service or by publications duly made:

That all the miners to wit:  Wm N Henry, Porter B Orr, Mary I Orr and Margaret E Orr appeared by their legally constituted guardian adlitem Thos B Clayton who filed an answer admitting the facts and allegations soffert in the petitions and that no other or further answer to the same had been made or filed:

Wheresoever it is ordered adjudged and decreed that the Pltfs and the Defts named in the petition are the owners as tenants in common, subject to the decrees specific in the petition of the courts therein describe and thereafter the payment of all necessary cost commissions and expenses of this proceeding they will be entitled to the proceeds of a sale, hereinafter ordered of said Real property in the following properties to wit:

A__ 8  & 4

T. R. Henry to  1/28

A. C Henry to 1/56

Ephriam Henry to 1/3 except in Tract No 2

Patric Henry to 1/28 - of estate , T of Stellen Henry of decree

Sophia Henry to 1/28

William M Henry to 1/28

Porter B Orr to 1/168

Mary I orr to 1/168

Margaret E Orr to 1/168

Rachel Aikens to 1/7 in Tract No 1 & 2

Heirs of Albert Henry, if living to 1/7

It is further ordered that S. V. Pickens Esq he and is hereby appointed made and constiituted commisionaer to sell all of the real property and to carry out the further pensions of this decree.

It is further ordered that the said S. V. Pickens commissionas as aforesaid after first giving notice thereof by publication per The (name of newspaper which I can't read) in the Hendersonville times a weekly newspaper published in the Town of Hendersonville in Henderson County  otherwise may be ___ published N.C. proceed to sell at public outery at the court house in Hendersonville on a credit of 12 months except 25 present to be paid in each, with sale and good security the _____  to be in to purchasers a certificate of purchase and title to be retained until all the purchase money shall have been paid.

It is further ordered that the said commissioners presently report - sale and his proceedings therein to the court per approval after which he will pay out the proceeds to the parties entitled to the same according to this decree and on payment in full of the purchsae money will make execute and deliver to the purchaser or each of thema deed in fee to the said lands except the  ___ interest of Rachel Henry in Tract No 1 and of Stella Henry in Tract No 2.

It is further ordered the said notes shall bear interest from date, and that the purchasers a any of them may pay all the purchase money if desired on certificate of sales and take title.

C N Pace  C J C