FILED STATE OF NORTH CAROLINA Fl Ki ‘THE GENERAL COURT OF JUSTICE IOR COURT DIVISION COUNTY OF BUNCOMBE Ii FEB-8 ‘THE CLERK, Halifix Land Company, LLC, ee North Carolina limited liability 3 “ company, Petitioner, v. Heirs of Emma Fields, Lucy Waterson, Robert C. Morgan, Betty L. Morgan Holcombe Parker, Willie B. Robinson, Jr. Felton , Clayton, Jr., Sandra A. Fortes, Rev. Albert Mills, and Shicley A. Thompson, ) unknown and unnamed heirs of Emmia Fields, ) ‘Respondents. } Fo ests ad Now comes Petitioner, pursuant to N.C.G.S. § 46-1 e¢ seg., by and through counsel and respectfully prays the Court as follows: 1. Petitioner, Halifax Land Company, LLC, is a limited liability company existing under and by virtue of the laws of the State of North Carolina, with its prineipal place of business in Buncombe County. 2. Petitioner is the owner of certain ownership rights, conveyed by Virginia Moffitt and Shirley Dubard, in the real property located at 102 Brooklyn Road Asheville, N.C., hereinafter, “The Property.” 3. The Property was formerly owned by Emma Ficlds, who purchased The Property on or about March 28, 1918, as evidenced by that deed recorded on July 3, 1990 in Book 1613 at Page 210. Emma Fields died intestate on or about March 6, 1944 and was survived by throe (3) children. Maude Mille, Bthel Clayton and Maggie Goode, Mande Milla died in 1987 and was survived by two (2) daughters, Virginia Whitesides Moffitt and Shirley Dubard and the Reverend Albert Mills, Ethel Clayton died in 1989 and was survived by Felton Clayton, Jr., her husband, Sandra A. Fortes, Robert C. Morgan, Betty L. Morgan Holcombe Parker, Lillie M. Robinson (deceased) and Willie R. Robinson, Jr.. Maggie Goode died in 2001, and is survived by Lacy Waterson.4. Upon information and belief, Respondent, Lucy Waterson, is a citizen and resident of the County of Buncombe, State of North Carolina. 5. Upon information and belief, Respondent, Robert C. Morgan, is a citizen and resident of the County of Buncombe, State of North Carolina, 6. Upon information and belief, Respondent, Betty L. Morgan Holcombe Parker, is a citizen and resident of the County of Buncombe, State of North Carolina. 7. Upon information and belief, Respondent, Willie R. Robinson, Jr, is a citizen and resident of the County of Montgomery, State of Maryland, 8. Upon information and belief, Respondent, Felton $, Clayton, J, isa citizen and resident of the County of New London, State of Connecticut. 9. Upon information and belief, Respondent, Sandra A. Fortes, is a citizen and resident of the County of New London, State of Connectiout. 10. Upon information and belief, Respondent, Rev. Albert Mills, is a citizen and resident of the County of Gaston, State of North Carolina. 11. Upon information and belief, Respondent, Shirley A. Thompson, isa citizen and resident of the County of Buncombe, State of North Carolina 12. The parties hereto are the heirs at law of Emma Fields, 13, On or about January 15, 2015, Petitioner recorded a Memorandum of Conveyance of Real Estate, which is recorded in Book 5280 at Page 1001 of the Buncombe County Registry, and is hereby incorporated by reference, Such is also attached hereto as Exhibit “A”. 14, Respondents all acquired their respective interests through various estates. 15. Petitioner and Respondents are tenants in common in The property. 16. The Property consists of approximately % acre and a house, 17. Petitioner now wishes to hold its interest in The Property in severalty, but the nature and size of The Property is such that an actual partition cannot be made without destrovina the value of vald 10% 18. Pursuant to N.C.G.S. § 46-2.1(b), Respondent is hereby notified that Respondent has the right to seck legal advice, and that free legal services may be available through Legal Aid of North Carolina, or Pisgah Legal Services.19, Further pursuant to N.C.G.S. § 46-2.1(b), Respondent is hereby notified that, pursuant fo N.C.G.S, § 6-21, the Court has the authority, in its discretion, to order reasonable attorney's fees to be paid as part ofthe cost of this proceeding, WHEREFORE, Petitioner respectfully prays the Court as follows: 1. That the Court Order the partition of the zeal property owned by Petitioner and Respondent known as 102 Brooklyn Road Asheville, North Carolina, 2. That such partition be by sale, rather than a physical partition in that a physical partition would destroy the value of 102 Brooklyn Road Asheville, N.C. 3. That all costs, including reasonable attorneys’ fees be awarded pursuant to N.C.GS. § 621. 4. For such other relief as the Court may deem just and proper. This the _&~ day of February, 2015, PetorR. Henry Attomey for Petitioner State Bar # 22866 2133 Hendersonville Road Arden, N.C. 28704 (828) 254-3223 pete@thehenrylawfinn.net