Chancery Suit – Carl M. Preas Vs Willie O. Preas, Adm of W.B. Preas & others 1903 – 1905
Chancery suits were found on the Library of Virginia web page - questions jrpreas@suddenlink.net
In Brief: Carl M. Preas is the son of William B. Preas & Willie O. Preas. His father, William B. Preas, was one- third owner of the “Bedford Warehouse” and two other of buildings, all being rented out, on a lot located on Depot Street. William B. Preas died five years before this Suit was filed and, apparently, none of the funds received for rent were ever shared with William B. Preas’ widow, Willie O. Preas, or his heirs. Carl wants an accounting of the funds received in rent over those five years and for the properties to be sold for division amongst the owners and heirs.
On 28 March 1903, Carl M. Preas filed Suit saying the following:
“Your oratrix, Carl M. Preas,
respectfully represents on this the 1st day of November, 1801, Mary
R. Bush, Rosa A Preas and W.B. Preas, now deceased, obtained a deed of
conveyance of a building in Bedford City known as the “Bedford Warehouse”
now rented by Charles Adams and used for a general repair shop, together with
the lease of the lot on which the said building and other buildings are located,
which lot is owned by Bedford County and is situated on Depot Street.
The other buildings on said lot are a small wood shop which has been and
is now occupied and rented by John Waldron, a small house which has been and now
is occupied and rented by [Amanda Roberts?] son and a small stable which has
been rented by various parties. The
large building or warehouse has a large [basement?] which together with the yard
has been rented to various parties.
Your oratrix further represents that the said Mary R. Bush, Rosa A. Preas
and W.B. Preas, deceased, each owned an undivided one third interest in said
property; that the said W.B. Preas died about five years ago and left surviving
him his widow, Willie O. Preas and the following named children: you oratrix,
Carl M. Preas, John H. Preas, Eula L. Preas and William Howard Preas, the last
three of who are infant under the age of twenty one; that the said Willie O.
Preas qualified as Administratrix of the said W.B. Preas, deceased.
That since the death of said W.B. Preas, no part of the [payments?] of
said property has been paid to the [admite?] or heirs of said W.B. Preas.
Your orator further represents that the said Rosa A. Preas has rented out
and collect the rents for the aforesaid property and has never accounted to your
orator and others interested for any of the rents collected.
Your oratrix charges that the rents collected have
been largely in excess of the amount necessary to pay the taxes and ground rent
and asks that Rosa A. Preas be required to render a strict account of rents
collected.
Your oratrix further charges that he is entitled to
a one fourth undivided interest in the one third undivided interests of W.B.
Preas deed in said property and has the right to have the said property sold:
that it is incapable of division in kind and that it would be to the interest of
all parties concerned for it to be sold for division.
For as much therefore as your oratrix is without remedy save in a Court of Equity, he prays that a sale of the said property may be ordered by this Court and the proceeds of such sale divided along those entitled thereto after paying the costs of this suit, the costs of sale and a reasonable attorney fee for the conduct of this suit and that Rosa A. Preas be required to account for the rents of said property. May the said Willie O. Preas in her own right and as Administratrix of W.B. Preas, Rosa A. Preas, Mary R. Bush, John H. Preas, Eula L. Preas, and William Howard Preas, the last three of whom are infants under the age of twenty one, be made parties defendant to this suit and required to answer this bill.”
On 29 May 1903, Rosa A. Preas files an answer to the Suit brought on by Carl M. Preas as follows:
“The answer of Rosa A. Preas to the
bill of complaint exhibited against her & others in the Circuit Court of
Bedford County by Carl M. Preas.
This defendant for answer to said bill as
to so much thereof as she is advised it is material for her to answer this
respondent answering saith that she admits that Mary R. Bush, W.B. Preas &
this respondent were the owners of the Bedford Warehouse as set forth in said
bill out this respondent denies that the interest on as set forth in the bill of
the complaint or that said W. B. Preas owned a one third interest on the
contrary the said W.B. Preas only owned a one fourth interest in said warehouse
property & the heirs allow of said W.B. Preas only own a one fourth interest
therein. This respondent admits
that she has undertaken the collection of said rents but denies that the rents
have been in excess of the amount necessary to pay taxes – on the contrary,
this respondent avers & charges the facts to be that the rents have not been
sufficient to pay the taxes, insurance & repairs & rents.
This respondent admits that said property is not
divisible in kind & has no objection to a sale of the same for division
&c.
This respondent denies all the allegations of said bill inconsistent with this (continued on Pg. 10) answer & now having fully answered she prays hence be dismissed with the reasonable costs & she will ever pray &c. Wm. Eubanks pq”
On 29 May 1903, the Court ordered the following:
“This cause which has been regularly
natured and set for hearing at rules came on this day to be heard on the bill of
complainant, the answer of Rosa A. Preas, this day filed by leave of Court, to
which said answer complainants reply generally, and was argued by counsel.
Upon consideration whereof the Court doth adjudge order and decree that
Wm. Eubank and O.C. Rucker, who are hereby appointed Commissioners for the
purpose, either or both of whom say ace, do after duly advertising, sell the
property mentioned in the bill and proceedings at public auction in front of the
Courthouse of Bedford County for one fourth cash, and balance on a credit of
six, twelve and eighteen months, taking bonds of equal installments bearing
interest from the day of sale. But
before acting under this decree, the said Commissioners or the one acting shall
enter into bond with surety approved by the Clerk of this Court in the penalty
of four hundred dollar, conditioned as the law directs.
The Court doth further order that this cause be referred to one of the
Commissioners of this Court for the following account, to wit:
1st. An account of the property rented
and the rents collected by Rosa A. Preas or her agent from said property since
the death of W.B. Preas, and to whom rented and from whom collected.
2nd.
An account of the taxes, ground rent, and insurance paid on said property
since the death of W.B. Preas and by whom paid.
3rd. An account of the interests in said property and by whom owned.”
A copy of the original handbill was filed with this suit – it states the following:
“L.L. Brown Auctioneer. – Auction
Sale of a Warehouse Building in Bedford City, Va.
Pursuant to a decree of the Circuit Court
for Bedford County, the undersigned Commissioners will offer for sale at public
auction in front of the Court-house of Bedford County on
Wednesday, September 30th 1903 (at 12 o’clock) the warehouse
building and other small buildings on lot near freight depot.
The Warehouse building is now occupied by C.E. Adams.
The land on which these buildings stand is owned by the County of Bedford
and can be leased or purchased from the county.
This is valuable property.
Terms of Sale:
One-fourth cash. Balance
bonds of equal instalments with good security, payable six, twelve and eighteen
months after date. O.C.
Rucker & Wm Eubank – Comm’rs
In Bedford Circuit Court Clerk’s Office, Sept. 17, 1903. I hereby certify that O.C. Rucker, one of the above named Commissioners, has given bond, with security, as required by law. Test, John M. Speece Clk.”
On 30 September 1903, the buildings were sold per the following report:
“Your Comrs appointed at a former term
of this Court to sell the building mentioned in the bill and proceedings beg
leave to report that Sept. 30, 1903 they offered the said building for sale at
public auction and C.F. Adams became the purchaser at the price of $300.00.
Your Commissioners are of the opinion that the property brought a fair price and recommend that the sale be confirmed. Bonds of purchase are filed.”
After all of the fees, charges, and taxes were paid, Rosa A. Preas, Mary Bush, and Willie O. Preas received $83.37 each. There was not an accounting given here on the rents received by Rosa A. Preas.
On 12 December 1905, the Court gave it’s final Decree as follows:
“This cause came on this day to be again heard on the papers formerly read, on the report of O.C. Rucker, Commissioner, showing collections in full of the purchase price of the Warehouse sold to C.E. Adams, and the distribution of the fund collected by him, to the parties entitled and was argued by Counsel. On consideration whereof, the Court doth confirm the said report, and doth adjudge, order and decree that O.C. Rucker who is hereby appointed a Commissioner for the purpose, do convey the property purchased to the said C.E. Adams, or to whom he may in writing direct, by deed with special warranty of title. And it appearing that all the objects for which this suit was instituted have been accomplished, it is ordered that the same be stricken from the docket.”