Overton Goodman Property Settlement 1882, Lauderdale County, TN

WEDNESDAY NOVEMBER 15,1882

M.D.COX & WIFE CATHERINE COX
THOMAS BELL & WIFE ELIZABETH A BELL
COMPLAINANTS                                                         
DECREE  VS

JOHN S CHISM & WIFE CAROLINE CHISM
JOHN T GOODMAN, MARY ANN EDWARDS
WILLIAM BURNEY GOODMAN AND
NANCY GOODMAN,  DEFENDANTS

THIS CAUSE WAS THIS DAY HEARD W/IN BILL, ANSWER  OF THE DEFENDANTS JOHN S CHISM AND WIFE CAROLINE CHISM ORDER PRO CONFESSO AGAINST THE OTHER DEFENDANTS AND PROOF AND THE COURT IS OF THE OPINION THE DEFENDANT CAROLINE CHISM HAS NO INTEREST  IN THE MATTERS INVOLVED IN THIS SUIT, AND IS NOT A NECESSARY PARTY TO THIS SUIT DOTH SO ADJUDGE AND DECREE, AND DISMISSES SO MUCH OF COMPLAINANTS  BILL  AS MAKES HIM A PARTY DEFENDANT TO HIS SUIT. AND IT APPEARING TO THE COURT THAT IN THE YEAR 1865 OVERTON GOODMAN DIED INTESTATE AT HIS RESIDENCE  IN LAUDERDALE COUNTY TENNESSEE AND LEFT A WIDOW NAMED  MARTHA GOODMAN WHO DIED IN THE MONTH OF AUG 1882 AND THAT SAID OVERTON GOODMAN LEFT AS HIS HEIRS AT LAW, COMPLAINANTS CATHERINE COX WIFE OF COMPLAINANT M.D. COX AND ELIZABETH A BELL WIFE OF COMPLAINANT THOMAS BELL AND THE DEFENDANT MARY ANN EDWARDS, HIS DAUGHTERS. HE ALSO LEFT ONE SON THE DEFENDANT WILLIAM BURNEY GOODMAN WHO LEFT LAUDERDALE COUNTY, TENNESSEE, THE PLACE  OF HIS RESIDENCE FOR PARTS UNKNOWN ABOUT FIFTEEN YEARS AGO AND HAS NOT BEEN HEARD OF AND COMPLAINANTS DO NOT KNOW WHETHER HE IS LIVING OR DEAD,BUT IS PRESUMED TO BE DEAD. SAID WILLIAM BURNEY GOODMAN HAS ONE DAUGHTER, THE DEFENDANT NANCY GOODMAN  AND SAID WILLIAM BURNEY GOODMAN AND HIS DAUGHTER NANCY GOODMAN ARE MADE PARTIES HERETO SO AS TO HAVE THE TITLE OF THE TRACT OF LAND DESCRIBED IN THE PLEADINGS,WHEN SOLD, PROPERLY DIVESTED. SAID OVERTON GOODMAN ALSO HAD ANOTHER SON NAMED JOHN GOODMAN WHO DIED DURING THE LIFETIME OF SAID OVERTON GOODMAN.AND LEFT ONE CHILD THE DEFENDANT JOHN T GOODMAN. THE PARTIES ABOVE MENTIONED ARE THE ONLY HEIRS AT LAW OF SAID OVERTON GOODMAN. AND IT APPEARING TO THE COURT THAT SAID OVERTON GOODMAN DIED SEIZED AND POSSESSED AND THE OWNER IN _____ OF THE TWO TRACTS OF LAND IN THE PLEADINGS MENTIONED. DESCRIBED AS FOLLOWS:  SITUATE LYING AND BEING IN THE 6TH CIVIL DISTRICT OF LAUDERDALE COUNTY TENNESSEE AND  BOUNDED AS FOLLOWS,TO WIT:

BEGINNING ON A WHITE OAK STANDING IN THE EAST BOUNDARY LINE OF A 5000 ACRE TRACT GRANTED TO ADAM BOYD 116 POLES WEST OF THE NORTH WEST CORNER OF AN OCCUPANT MADE IN THE NAME OF BENJAMIN WEAMS; RUNS EAST 252 POLES TO A DOGWOOD; THENCE  NORTH 84 POLES TO THE SOUTH EAST CORNER OF AN ENTRY IN THE NAME OF T H HENDERSON, THENCE WEST 140 POLES TO AN ASH; THENCE NORTH 75 POLES TO THE SOUTH EAST CORNER OF AN OCCUPANT MADE IN THE NAME OF H LUSK; THENCE WEST WITH THE SAME 108 POLES T A POPLAR; THENCE SOUTH TO THE BEGINNING, CONTAINING BY ESTIMATION 182 ACRES.

THIS IS EXCEPTED? OUT OF THE ABOVE BOUNDARIES THE FOLLOWING DESCRIBED TRACT OF LAND CONVEYED BY OVERTON GOODMAN TO HIS SON JOHN W GOODMAN AND THUS BOUNDED  TO WIT;

BEGINNING AT A WHITE OAK, THE EAST BOUNDARY LINE OF 5000 ACRE ENTRY GRANTED TO ADAM BOYD, AND 116 POLES WEST TO THE NORTH WEST CORNER OF AN OCCUPANT MADE IN THE NAME OF BENJAMIN WEAMS; RUNS THENCE NORTH 159 POLES TO A POPLAR;THENCE EAST TO H LUSK OCCUPANT 81 POLES TO A STAKE;THENCE WEST TO THE BEGINNING.

THE OTHER TRACT CONTAINS 20 ACRES, AND IS BOUNDED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTH CORNER OF A TRACT OF LAND CONVEYED BY ABNER STACY TO A J HARGATE, AND THE SOUTH EAST CORNER ABOVE DESCRIBED TRACT OF OVERTON GOODMAN;

THENCE NORTH WITH THE LINE  84 POLES; THENCE EAST 38 1/4 POLES TO A STAKE; THENCE SOUTH 84 POLES TO THE SOUTH BOUNDARY LINES OF THE A J HARGATE TRACT; THENCE WEST WITH SAID LINE 38 1/4 POLES TO THE BEGINNING . THIS SEPTEMBER 25TH 1882

THIS BILL IN THIS CAUSE HAVING BEEN FILED TO HAVE SAID TWO TRACTS OF LAND SOLD FOR PARTITION. THE  COURT IS OF THE OPINION FROM THE PROOF ON FILE IN THIS CAUSE THAT SAID TWO TRACTS OF LAND ARE SO SITUATED THAT PARTITION CANNOT BE MADE AND THAT THE PREMISES ARE OF SUCH DESCRIPTION THAT IT WOULD BE MANIFESTLY FOR THE ADVANTAGE OF THE PARTIES THAT THE SAME SHOULD BE SOLD INSTEAD OF PARTITIONED, THE COURT DOTH SO ADJUDGE AND DECREE, AND ORDERS A SALE OF SAID TWO TRACTS OF LAND IN ONE BODY, IT APPEARING TO THE COURT THAT SAID TRACTS OF LAND ADJOIN EACH OTHER AND LIE TOGETHER, AND ONLY MAKE ONE TRACT AND THAT OF BOTH OF THEM WILL NOT MAKE BUT ONE SMALL FARM AND THAT THEY WOULD BRING MORE SOLD TOGETHER THAN SEPARATELY, THE COURT DOTH SO ADJUDGE AND DECREE. AND IT APPEARING TO THE COURT THAT ON THE 17 TH OF FEBRUARY 1875 THE DEFENDANT MARY ANN  EDWARDS BY HER DEED OF SAID DATE CONVEYED HER INTEREST IN SAID TWO TRACTS OF LAND TO THE DEFENDANT JOHN S CHISM, WHICH DEED IS DULY REGISTERED IN THE REGISTERS OFFICE AT RIPLEY, TENNESSEE IN BOOK PP ? 663-4 & 5.THE COURT DOTH SO ADJUDGE AND DECREE, AND DECREES THAT DEFENDANT JOHN S CHISM IS ENTITLED TO  WHATEVER AMOUNT OF THE PROCEEDS OF THE SALE OF SAID LAND THAT THE DEFENDANT MARY ANN EDWARDS WOULD BE ENTITLED TO IF SHE HAD NOT SOLD TO THE DEFENDANT JOHN S CHISM.  AND IT APPEARING TO THE COURT THAT SAID OVERTON GOODMAN MADE THE FOLLOWING ADVANCEMENTS TO HIS CHILDREN, TO WIT; TO JOHN W GOODMAN, ON THE 27TH DAY OF MARCH 1859. 80 ACRES OF LAND IN LAUDERDALE COUNTY TENNESSEE, CONVEYED BY DEED OF SAID DATE REGISTERED IN THE REGISTERS OFFICE AT RIPLEY, TENNESSEE, IN BOOK H PP? 227-8 WORTH AT THAT TIME $400.00 IN CASH AND TO THE DEFENDANT WILLIAM BURNEY GOODMAN $300.00 IN MONEY IN THE YEAR 1852, THE COURT DOTH SO ADJUDGE AND DECREE, IT IS THEREFOR DECREED BY THE COURT THAT THE CLERK OF THIS COURT AFTER ADVERTISING FOR TWENTY DAYS BY PRINTED HAND BILLS AT FIVE OR MORE PUBLIC PLACES IN LAUDERDALE COUNTY, TENNESSEE, PROCEED TO SELL AT PUBLIC AUCTION SAID TWO TRACTS OF LAND TOGETHER, AT THE COURT HOUSE IN RIPLEY, TENNESSEE FOR ONE THIRD CASH, AND THE BALANCE IN ONE AND TWO YEARS, TAKING FROM THE PURCHASER FOR THE DEFERRED PAYMENTS NOTES WITH TWO GOOD AND SOLVENT SECURITIES, AND RETAIN A LIEN UPON SAID LAND UNTIL THE SAME ARE PAID. AND AS CERTAIN  IF THERE ARE ANY TAXES DUE UPON SAID LAND ON THE DAY OF THE SALE THERE OF, IF ANY WHAT AMOUNT, AND REPORT SAID FACT AND HIS REPORT OF SALE TO THE  NEXT JANUARY TERM OF THIS COURT. AND IT APPEARING TO THE COURT THAT THE COMPLAINANT M D COX AND DEFENDANT JOHN S CHASM, HAVE PAID THE TAXES ON SAID TWO TRACTS OF LAND SINCE THE YEAR 1865, TO THE YEAR 1881, THIS CAUSE IS TO THE CLERK OF (PAGE CUT SHORT)

(to be continued)

Contributed by Sarah Hutcherson

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