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 | that the same and the allegations therein will be taken for confessed and decreeI will be entered up against them. The form and substance of said Bill are as follows, to wit

 The complainant. Francis J. Keene of the County of Deshea and State of Arkan- sas, represents thatin the years 1884 and 1886, he, together with Notly M Fiournoy, now deceased, and Thompson B. Flournoy, now resident of the county of Deshea, did by virtue of certain pre-emptions, rights, and purchases, made with the general Gov ernment through the land offices at HeIe- na and Little Rock, Arkansas, secured in their own rights, the following described lands, all lying and situate in what was then the county of Arkansas, but now Deshea, and in township seven south, ranges one and two east of the fifth principal meridian, 10 wit-SectiO@ 23 tOa0nshap7 south, and range l east, containing $40 acres. The ved half of frJ. sec. "A, tOwnship 7 south, 1nd rGnge astcOntaln1ng 308 acres The southeost trl qr. of sec, "A, tOecmship south, and range east, containing l25 acres, and f hundredhs The sOuthaoest frl pt. cf the northeast f. of sec. 24, toecnship 7sOuth, and r0nge east, containing 27 Gcres. aud 70 I'bundredths. THe aoest half section 26 tOlom- lIship south, and range 1 east, containing 1, 320 acres. The acest half of sec 35, tOaonship 7 south, and range 1 east, containing 320 acres. The east halfof sec. 25, toaonship 7 south, and range 1 east, containing 32O acres. THe east half of the south nest quar- fer Of sec. 25 tooonshjp sOnh and range 1 east containing 80 acres The east half ofthe northarest quarte, cf sec. 36, tOgnsh1p ' south, aDd range 1 eaa, containing 80 acres. THc mest half of the northeast qr ot section 36, to,onship south, in range l cost, containing 80 acres. The south h0t Of section 30, t0wnskip south, and range ? | enst, containing 32O acres Tue nOrthwest qr. ofsec 30, tO1onship7 7 south, and range ? east, containing l6O acres Tue north halt Of section 3l, tolonship 7 south, Cf range ? cast, containing 320 acres. IHc nOrthwest ll fractional quarter of section 32. toocnsh1p z Is0uth, and range ? east, containing 67 acres land 60 bundredths Which lands as above described amount in all to three thousand one hundred and eighty seven acres, ol

 thereabouts And your petitioner would fur

 ther represent that the foregoing lands were

 purchased with the joint means of this peti toner and the said Notly NJ decd. and the said Thompson B. each having contributed one third part of the amount of capital in vested in said land as by the sequel vii more fully appear, and that in consequence

 of said contribution it was understood be

 tween the said Notly NJ. and the saic Thompson B. and this petitioner, that they under the purchases aforesaid should hol' i the lands above mentioned, as tenants Il = common, each being entitled to an ufldlV 1T lda1 :4--ao4 ~F thirA in the UhfniA 'n'''a' = Der of acres secured. And in order { render the common understanding betwee

 the above parties more explicit and bindin

 your petitioner states that Notly M.inhis lift

 time did execute on the,l2th day of January

 1886, under his own hand, a certain instrl

 ment of writing in the words and figure ]. following to to wit;

 7 "Whereas, have applied to locate a !, the lands which own in township seve 8 south, range one east, and it may appea , that it is all my own, now be it known tha 2 my brother, T. B. Flournoy, is entitled t : one third part of all the lands saved in sai 8 township, including all the pre-emption

 which have been granted to himself an 2 myself, and Francis J Keene The divis 2 ion to be made hereafter, so as to suit al Q concerned, the said T, B. Flournoy hay 0 ing advanced one third of all the entir . cost of saving said land January l2, 1886 00 Signed, N. M. FLOURNOY" Q And upon the back of said instrument 0 8 writing, a true copy of which is above giv I en, there was an endorsement made in tn s hand writing of the said Notly M. as follow ' to wit

 "The within was also intended to em 7 brace all the lands owned by me in town 5 ship seven south, and range two east SC , far as one third. Signed, N. M. FLoURNoY ? this 2d day of March, 1887"

 From the above instrument of writing : and endorsement thereon, it will be appar ant to your honor, that the said Notly M

 did acknowledge in his lifetime, that the

 said Thompson B.. his brother was entitled to one third part of all the lands which were saved or secured by pre-emptions anC purchases on the part of the said Notly M and the said Thompson B. and this petition CT, in township seven south and ranges one and two east, and that it was contem plated by the above parties, and particu Ilarly by the said Notly M, that an amicablt partition of the foregoing described lands should be made at some period thereafter