BRADLEY COUNTY TENNESSEE CHANCERY COURT

CASE FILES  1860 - 1880

CASE NUMBER 93

 J G FELKER  VS  REBECCA  PIERCE AND OTHERS.

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<>Transcribed from Tennessee Archive microfilm Roll # 83
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CASE NUMBER 93:

 

RECIPT: Received of W H McCAMERY clerk and master of the chancery

Court at Cleveland Bradley county Tennessee Twelve dollars and

ninty six cents it being the distribution shares due our father

and grandfather Lewis Pearce deceased senior this the 25 day

of February 1883  Manda T Crawford (seal) Sarrah T. King (seal)

Nancy Logan  Rebecca J Pierce  Johannah Lee  Martha E Luttle?

(see  records)

 

RECIPT: heirs of lewis pierce junior deceased Paid May 7,1883

 

Page 1:

 

 To the Hon. Wm M Bradford chancellor holding the chancery

courts at Cleveland Tenn. J G FELKER a citizen of Bradley County

Tennessee Complainants.

                         

                         VS

 

REBECCA PIERCE  SARAH PIERCE  ELIZABETH PIERCE  LUCINDA PIERCE

AMANDA PIERCE  JOHANNA PIERCE  SARAH ELLIS heirs  LUCINDA WILSON

heirs G W THOMPSON'S heirs FRANCES THOMPSON heirs  MARTHA ELLIS

EARLVIN PIERCE  JANE HOOD W HOOD her husband  MARTHA ALEXANDER

& A FLO ALEXANDER her husband   ELIZABETH PIERCE  FRANK PIERCE

ZAO PIERCE  WM. MARTIN heirs, MONY MARTIN  ROBERT MARTIN  JANE

MARTIN heirs  WILLIAM PIERCE  JOHN PIERCE  DAVID PIERCE  RICHARD

PIERCE all non residents of the state of Tennessee. ELVINTINE

JOHN & PETER JOHN her husband  JOHN PIERCE  GRANDVILLE PIERCE

BELL PIERCE  and MARANDA PIERCE all citizens of Bradley County

Tennessee and the last four named are minors without any regular

guardian JOHN THOMPSON and MARGARETT THOMPSON citizens of McMinn

county Tennessee Defendants complaintants Shows unto your honor

and charges that sometime during the late war LEWIS PIERCE died

in Bradley county Tennessee interstate being subject(?) and

proposed in fee of the following discharge

 

PAGE 2:

of land lying and being situated Bradley county Tennessee to

wit the southern half or part of the south half of the south

east quarter of section twenty one second functional township

with one of the basis line being at the south east corner of

said land and bordered as follows on the east by the lands of

JOSEPH FELKER on the west by lands of BEN WIES ? and on the

north by MARTHA COWDEN lands and containing seventy two acres

more or less complainant fiefs this shows unto your honor that

said LEWIS PIERCE died leaving the parties named in the captive

of this hill as his heirs claim they being his grand children

and also NANCY STEVISON  PRUDEY VARNELL  and JOHN PIERCE his

children and MARY STAMPER and JOHN PIERCE his grandchildren

who owned four tenths of said land and here sold and conveyed

their interest in the same to complainant and LEWIS PEARCE

also his grandson has sold and conveyed his interest in said

land to complainant making the complainant the owner free

of four tenths and one fourth of one tenth of said land

complainant further

 

PAGE 3:

 

shows to your honor and charges that the dependants names in

the caption of this bill own interest in said land as follows

to wit REBECCA PIERCE, SARAH ELIZABETH, LUCINDA, AMANDA, and

JOHANNA PIERCE, children of LEWIS PIERCE jur. and one tenth of

it SARAH ELIZABETHs JOHN THOMPSON, LUCINDA WILSON heirs, LUCINDA

BAKER's heirs, G W THOMPSON's heirs, FRABCIS THOMPSON, MARGARET

TJHOMPSON, and MARTHA ELIS, children of JOHANNA THOMPSON died

for unresly(?) JOHANNA PIERCE own one tenth of it. ERVIN PIERCE,

ELIZABETH PIERCE, MARTHA ALEXANDER, JANE HOW-,ZAE PIERCE,and

FRANK PIERCE, children of WM PIERCE died, who was a son of said

LEWIS PIERCEown one tenth of it.WM MARTIN heirs, MARY MARTIN,

ROBERT MARTIN, and six other children of JANE MARTIN died, who's

names are unknown, own one tenth of it.WM PIERCE, JOHN PIERCE,and

DAVID PIERCE, children of WM PIERCE died who was also a son

of said LEWIS PIERCE died own thirteen one hundred four tenths

of said land; complainant having just purchased  their brother

LEWIS PIERCE jr's one fourth of one tenth of it. RICHARD PIERCE

, ELEVENTINE JOHN, JOHN PIERCE, GRANDVILLE PIERCE, BELL

PIERCE, and WANDA

 

PAGE 4:

 

PIERCE own one tenth of it, and complainant owns the remaining

four tenths and one fourth of one tenth. Complainant does not

know how many of the defendants are minors. They nearly all

live in the far west, and he has used all means in his powers

in his means to get their names and in some instances has --

----- to do this further than to describe them as the heirs

of deceased then the heirs of the deceased parties. Complainant

further shows unto your honor that the defendant MARGARET

THOMPSON is an idiot or person of unsound mind. Complainant

further shows unto your honor that said tract of land is poor

------ carrd and is not worth more than two hundred dollars

all taken together, and the owners of it being so numerous it

is impossible to partition it in kind among them and he further

changes that it is man firstly for the interest that said land

be sold and that the proceeds of the sale of the same be divided

among the parties in interest. The premises considered

complainant privy  that the parties named in the

 

PAGE 5;

 

caption of this bill as defendants be made defendants to the

same by apt--- and proper proceeds that all proper proceeds

i---- returnable to the proper term that publication as required

by law be made as to the nonresident  defendants and that they

all an over this bill on oath that ----- drain  --------- be

appointed to make defense to this suit for said minors defendants

said unknown parties and said  -----  defendants  that all proper

references be herd and all proper ---- be made and that  upon

a final hearing a ------- in favor of complainant to partition

said land and if it be found in practicable to partition said

land in kind that de--- prop to sell it and divide the proceeds

of sale among the parties in trust and if mistaken in the relief

sought complainant prays for all such other fus--- and general

relief as may be ---- to the equity of the cause. J G FELKER

J - AKIEN  by J N AKIEN  sol for complainant.

 

PAGE 6:

 

STATE OF TENNESSEE BRADLEY COUNTY Personally appearing before

me J G FELKER complainant the for going bill and made an oath

 in --- form of law that the facts stated there in as of his

own knowledge are true and that those stated as an the

information of others he believes to be true.

 J G FELKER survivor to Intension  Appeared this Sept 11,1875

W H McKAMMY clerk

 

PAGE 7;

No 93 = 3.c  Or BILL J G FELKER  vs REBECCA PIERCE and Others.

Filed September 10,1875  W H McKAMMY

 

PAGE 8:

 

THE STATE OF TEXAS COUNTY OF PARKER : Know all men by there

presents that we WILLIAM PIERCE and DAVID PIERCE of said county

do herby make constitute and appoint T M PIERCE of Bradley county

Tennessee and attorney infect with authority for us and in -

---- name to ask for and demand out for and receive all or only

debt or debts claims or -------------------what ever whether

on bonds notes bill of exchange open accounts or otherwise due

knowing -------- us by one person or persons whatever and --

- any name to institute such actions or legal proceedings as

may be necessary for the recovery of the same and for us and in

and none to execute and delivers proper acquit ions on receipts

for such sums of money as may be so collected by him and further

to compromise such claims and generally to do such other things

in the premises as ------- ----- might lawfully do herby satisfying

and confirming all such lawful acts as our attorney may do or

perform in the promises in testify when  ------ we have here

to act our hands this Sept the 30th  C&D 1876 DAVID PIERCE

W H PIERCE

 

The State of Texas county of Parker : Before me J L WOTTACK

notary Public the     B MORLY come WILLIAM PIERCE and DAVID

PIERCE and acknowledges that they signed and discharged the

foregoing Powers of Attorney for the person there in stated

given under my hand and seal of Office this the 30th day of

Sept AD 1876 J L WOTTACK notary Public P C T.

 

PAGE 9:

 

We J G FELKER and W F BELL acknowledge ourselves indebted to

REBECCA PIERCE and others in the personal ------ of two hundred

and fifty dollars to be voice on condition that the above bound

J G FELKER prosecute with effect original bill which he has

this day filed with chancery court of Bradley county lien against

said LEWIS PEARCE and others or otherwise pay and satisfy all

such cost and damages as may be adjusted against him in this

behalf witness our hands and seal this Sept 6th 1875 JOSEPH

G FELKER (seal)  W H BELL (seal)

 

PAGE 10:

 

STATE OF TENNESSEE Bradley county - - greeting command you to

summon ELEVENTINE JOHN, PETER JOHN, JOHN PIERCE, GRANDVILLE

PIERCE, BELL PIERCE, and MIRANDA PIERCE to be found in your

county, to appear before the chancellor of the chancery court,

at Celveland at the next court to be held at the courthouse

in Cleveland the 4th Monday in February next, then and there

to answer the original Bill Complaint of J G ELKIN  vs REBECCA

PIERCE and others. and further do and receive what our said

court shall consider in that behalf; and this you shall in no

wise-omit, under the penalty prescribed by law.  Herein will

not , and have you then and have you then and this writ.

Witnesses: W H McKAMY clerk and master of our said Chancery

court, in the courthouse at Cleveland this 4th Monday in August

1875 and the 99 year of American Independence. W H McKAMY clerk

and Master.

 

PAGE 11:

 

The answer of SARAH ELLIS heirs, LUCINDA WILSON heirs, FRANCES

THOMPSON heirs WILLIAM MARTIN heirs, JUNE MARTIN heirs all names

given has ? names unknown by trust guardian and or committee

man for MARGARET THOMPSON all listed & solicitor J H GAUNT to

a bill filed against them parties J G FELKER in chancery at

Cleveland Tennessee.

Respondent comes & saving & resuming  to himself the usual

benefit of full just expectations to complainants bill for and

on behalf of his said wards answers and says. He supposes it

is true that LEWIS PIERCE died since and passes of the lands

described in complainants bill and that he did intend to leaving

the heirs named in bill He believes that said land cannot be

partitioned in kind and that a sole for partition is necessary

first  - -  submits that question to the honorable court  He

keeps that all the rights of his wards be protected by the

honorable court and that all

 

PAGE 12:

such - - - -  and - ---- be ----------  as with - ------ protests

all their rights in ordering all the rights of his ----------

ward, and finally if said land be partitioned in kind only a

such that full justice be done to trust and so asks the honorable

court to aid respondent in protecting the rights with  full

justice may be done.  J H GAUNT  Guardian solicitor  State of

Tennessee Bradley County, Permantly Appears J H GAUNT guardian

ad literm (?) & solicitor and committeeman for the respective

persons named in the forgoing answer and made oath that this

fact therein - - - -  or stated or of his - - - knowledge -

-- -- -- , and those stated an information be beloved to be

true    sworn to subscribe before me this 28th day of February

1876       J H GAUNT

 

PAGE 13:

Answer of J H GAUNT guardian ----------- solicitor   J G FELKER

vs J H GAUNT guardian  -------  Filed 28 Feb 1876 W H M cKAMY

clerk.

 

PAGE 14:

 

J G FELKER vs REBECCA PIERCE and others. In this case appearing

to the states from complainant with is sworn to actions of

the court , that the defendants SARAH ELLIS's heirs, LUCINDA

WILLSON's heirs, FRANCIS THOMPSON's heirs, WM MARTIN's heirs,

JANE MARTIN's heirs are all parties whom names are unknown and

that of said parties announces(?) clients and have been legally

brought before the court by publication made as the candidate(?)

and that the defendants JOHN PIERCE, GRANDVILLE PIERCE, BELL

PIERCE and MARANDA PIERCE are minors with out any legal guardian

and that they have all been legally brought before the court

in this case by and service of all proper process more than

five days before the present term, and that the defendants

MARGARET THOMPSON is a person of unsound mind who has no regular

guardian and that she has been unwisely(?) served with -----

 in this case more than five days before the present term, it

is therefore ordered by the court that J H GAUNT Esq. a

practicing attorney of this county be appointed guardian odium

and solicitor for said ----------- defendants whose and names

are unknown and said minors -------- make defense to this writ

for them and that he also appointed Committeeman to make defense

to this writ(?) for said MARGARET THOMPSON and be in open court

accepted this trust (?)

 

PAGE 15:

 

J G FELKER vs REBECCA PIERCE & others      Be it remembered

that on this the 2nd day of March 1876 this cause came on to

be further heard before the honorable W M BRADFORD Chancellor

-- upon the bill of complainants the answer of the respondents

the judgment procon--  heretofore takers and report of the clerk

& master made to the pesent --- which report being un  - ceptia

to is in all this confirmed from all of which it appears to

the satisfaction of the court that complainant and defendants

to this bill are owners as tenants in common of the following

described tract of land at wit the south half on part of the

south half of the south east quarter of section twenty one second

fractional township(?) with one of the basis line beginning

at the south east corner of said land and bounded as follows

on the east by the lands of JOSEPH FELKER on the west by the

lands of BEB WIES and on the north by MARTHA COWDENs land

containing seventy two acres more or less and lying and being

situated in the first civil district of Bradley County Tennessee

and it further appearing to --- satisfaction of the court that

the owners of said land are so numerous that it cannot be

divided among them without manifest in jury and further that

it is manifestly (?) for the interest of all of the owners of

said land that it be sold and proceeds of sale be divided

 

PAGE 16:

 

( according to --- in several interest in the same as shown in

complainants) among them, ^ this therefore orders the court

and master after advertising said land in the case land banner

a public news paper published in the town of Cleveland Bradley

County Tennessee for four consecutive weeks giving notice of

the sale said land at the courthouse door in Cleveland Tennessee

at public out cry to the highest bidder and he will sell said

land upon a credit of six months except the sum of fifteen

percent which he will require to be paid cash in hand and he

will take from the purchased note and approved security for

the purchase survey and retain a lien upon the land for the

same and because it appears from the masters said report that

two hundred dollars is a fair price and reasonable value  for

said land the master in selling will receive as bid for ---

sum for said land then said sum of two hundred dollars and

the master shall report his action in the premises to the next

term of this court.

 

PAGE 17:

 

J G FELKER vs REBECCA PIERCE and others   Be it remembered that

on this the 30th day of August 1876 This cause came to be heard

before the Hon. W M BRADFORD chancellor -- upon the bill of

complainant the answers of the codefendants(?) the judges urgent

proconfepo(?)here to fore taken the proof and pleadings in the

cause and the clerk and masters report of sale made to the

present term which report is in the words and juries following

to wit (Here copy the report in full) which report herein

unexecption to is in all things confirmed(?) --- therefore

ordered and decreed by the cost all the right title and interest

which the complainant and the respondents have in and to said

land describes (?) in said report be ------- out of them and

each of them and be ------ in said WILLIAM PURSLEY in fee simple

forever and having paid all of the purchase money for said land

it is onlesea by the court that the clerk of this court inpue

to him a copy of so much of this decree as may be necessary for

re-------- as a --------- of title upon his paying him his fees

for the same it is further ordered by the court that a ----

of possessions --- to put him in possessions of said land if

 

 

PAGE 18:

 

and it is further decreed by the court that said PURSLEY is

entitled to one third of the growing corn crop at present on

said land as rent And because it appears from the pleadings

that the fund arising from the sale of said land belongs to

complainants and defendants as here in below set out the clerk

and master after paying the cost of this writ and attorney fees

will proceed to payout and distribute said fund as follows to

and to complainant J G FELKER four tenths and one fourth of

one tenth making in all 17/40 seventeen fourths of said fund

to REBECCA PIERCE SARAH E PIERCE LUCINDA PIERCE AMANDA PIERCE

and JOHANNA PIERCE one tenth of said fund to SARAH ELLIS heirs

JOHN THOMPSON LUCINDA WILSON heirs LUCINDA BAKER heirs G W

THOMPSON heirs FRANCIS THOMPSON MARGARET THOMPSON and MARTHA

THOMPSON heirs one tenth of said fund EVINE PIERCE ELIZABETH

PIERCE MARTHA ALEXANDER JANE HOOD ZACK PIERCE and FRANK PIERCE

one tenth WM MARTIN heirs MARY MARTIN ROBERT MARTIN and six

children of JAMES heirs(?) that died whose names are unknown

one tenth of said fund to WM PIERCE JOHN PIERCE and DAVID PIERCE

one thirteenth one hundredth(?) and fourteenths of said fund

to RICHARD PIERCE JOHN PIERCE GRANDVILLE PIERCE BELL PIERCE

and AMANDA PIERCE five of sixteenths of said fund  -- also

appearing to the satisfaction of the court that since the filing

of compliant

 

PAGE 19:(repeat of page 18 end)

 

----- ROBERT MARTIN and the six children of JAMES heirs(?) in

died whose named are unknown one tenth of said fund to WM PIERCE

JOHN PIERCE and DAVID PIERCE one-thirteenth one hundred one

fourteenth of said fund to RICHARD PIERCE JOHN PIERCE GRANDVILLE

PIERCE BELL PIERCE and AMANDA PIERCE five sixteenths of said

fund ----- appearing to the satisfaction of the court that since

the filing of complainant.

(end of repeat)

bill complainant J G FELKER has ----- at the share of said fund

belonging to ELEVINTINE JOHN amounting to one sixteenth of said

fund will also pay to 1/60 of said fund in addition to amount

herein above decree to him and it appearing to the court that

J N AKIEN --- for complainant in this cause has agreed to take

for his services in this cause the sum of twenty dollars and

the chancellor being of the opinion that said sum is reasonable

fee for J H GAUNT guardian and solicitor for his services in

this cause therefore decree by the chancellor that the clerk

of this court pay to J H AKIEN twenty dollars for his services

in this cause

 

PAGE 20 - 36 all repeating same info on land sale and division

of said fund.