Can someone explain this Colonial Court record by chance?

by glenro13

Westmoreland, VA, Order Bk, Pt 1, 1690-92, Dorman 26 May 1692 William Booth was arrested to answer Lawrence Abbington in a plea The plaintiff by Robt. Brent his attorney, declareth that whereas John Blagdon, late of this county, deceased, was seized as of fee of and in a tract of land situate upon Appomattox Creek in this county and dieing intestate the land descended to Thomas Blagdon, son and heir of the said John, which Thomas dieing intestate and without issue the land descended to his two sisters Lyddia (sic) and Elizabeth as coheires of their brother. The plaintiff hath often requested the defendant to make partition, the which he denies to doe. The plaintiff prays the Writt de partitione facienda directed to the Sheriff to make partition Judgement is granted the plaintiff to have partition

colevintage

Basically the plaintiff (Lawrence Abbington) requested William Booth to put up a partition between their lands (had done so often to no result). The rest is discussion the lands ownership, since the land was originally John Blagdons, then his son Thomas', then William and his two sisters inherited it. Judge ruled for the plaintiff and the partition.

workinatthecarwash

This is an opinion or order from an old writ pleading case, rendered by what appears to be a colonial chancery court (prior to merger of courts of law and equity) sitting in the dominion of Virginia. It concerns the partition of real estate when Thomas, apparently sole heir of John, died without a will (intestate) and apparently without children.

Under the laws of intestacy, the land passed to John's two sisters, whose husbands were the Plaintiff and Defendant in the case (married women could only appear through their husbands at that time). They sought a decree from the chancery court to divide the land (partition) between them so they would not be co-owners of the same land. The partition was apparently granted.

tim_mcdaniel

What are you specifically wondering about?