Samuel Gilbert Petition to sell

Samuel Gilbert & others Exparte
Petition: Sell Slaves & Land: Report C.M.: Filed 29 May 1858
Source; Loose Files #510, Robertson Co., Tennessee
Transcribed by Larry Hallstrom
© 2008


Samuel Gilbert & others Exparte
Petition to Sell Land & Slaves
         In persuance of an order in this Court at the December Term 1858, _______ the Clerk & Master of this Court to sell the Land in the petition mentioned. Subject to the Widows dower, and sell the Slaves therein named, selling the same per an ______ the premisses, where John Gilbert dec’d died, selling the Slaves and credit of 12 months, taking notes with 2 approved Securities therefor, and selling the Land on a credit of one and two years taking notes and give security therefor and a lien is ___taissed there__ for the purchase moneys and ap____ing the biddings therefor at $7. per acre, first ________ said Sale by hand Bills, and Collect Cash at said sale to pay the Cost of this Cause and a reasonable attorneys fee for Jas. E. Garner for services and that after said sale he take proof and ascertain what would be a reasonable fee for said services and also after said sale he take proof and ascertain the present values of the _________ents specified in the ass___ tion & that he report to the next Term of this Court.          I did on the 11th day of January 1858, at the late residence of John Gilbert dec’d Sell the Land and negroes spoken of in this Cause first giving ______ _____- thirty days notice of the same by printed hand Bills as directed by said order, and of which is filed in this cause as ____ exhibit to this Report. The Lands were surveyed by the County Surveyor & boundaries of the same furnished by him & filed in this Cause as one Exhibit to this Report and as part of same. (Insert Boundaries) I sold the Land as a Credit of one & two years taking bond and two good securities, the negroes I sold on a Credit of 12 months, taking bond and Two good securities. A lien was ________ retained on the Land as directed in the decree & sold subject to the Widows dower. By said ______ said Land contains 176 acres and was struck off to Thomas H. Gilbert at the price $2064. That being the highest and last bid for the same and he paid in cash $64.00 and executed his two notes at one and two years for $1000.00 each with J. W. Gilbert & S. Gilbert his securities.          Mrs. Mary Gilbert became the pruchaser of negro Slave Cyrus at the price of $1800.00. She executed her note for the same due at 12 months with S. Gilbert & J. W. Gilbert two securities. J. W. Gilbert, S. Gilbert, Ann Parks & D.W. Jernigan became the purchaser ______ Susan & child at the price $1500.00. they paid in cash $35. and executed their note for $1475.00 due in 1 year with James Treadway & T. H. Gilbert their securities. But Thomas H. Gilbert is to take Susan & child at the price of $250. to be paid the purchasers if Susan and the child is to be ______ in ____ by agreement of the parties. Samuel Gilbert became the purchaser of St___ Van Buren at the price of $1300.00. He paid in Cash fifty Dollars & executed his note for $1250. due at 12 months with J. W. Gilbert and Gwin Parks his securities. Ann Parkes became the purchaser of Girl Miissa at the prices of $450.00. She was to have paid in cash $15, but failed to do so for which ______ _____ of as C____. She executed her note for $435.00 with S. Gilbert her security leaving a balance of $15. on said Slave yet unpaid. C. Toliver became the purchaser of Woman Charlotte at the price of $379.00. He paid in cash Ten Dollars and executed his note at 1 year for $269.00, with the ___ Armstrong & R.C. Tate his Securities.

Recapitulation
Thomas H. Gilbert ..................2 Notes $1000 each...............$2000.00
Cash paid by him, 64.00
Mrs. Mary Gilbert Note..........................................................1000.00
J.W. Gilbert, S. Gilbert, Ann Parks & D.W. Jernigan Note..1475.00
Cash paid by them, 25.00
S. Gilberts Note........................................................................1250.00
Cash paid by him, 50.00
Ann Parks Note..........................................................................435.00
Cash yet to be paid by her, 15.00
C. Toliver Note...........................................................................269.00
Cash paid by him, 10.00

Total amt Sales.........................................................................$6593.00

All which is Respectfully submitted to the Hon. Court April 20th 1858

Miles S. Draugham C & M
         In this same Cause I have taken the proof of W.Lorn Esqr & L. Pepper Esqr. as to the fee of Col. Jam C. Garner ___ in this Cause and they state that $100 is a reasonable fee for his services in this Cause which I allow him.

Isham Treadway & wife Louisa has been advanced Slave Henrietta at the price of $1240.00
J. W. Gilbert has been advanced John Wesley Valued at $1225.00
D.W. Jernigan & wife Mary, Slave Martha valued at 625.00

All of which is most respectfully submitted to the Hon. Court, May 29th 1858.
Miles S. Draugham C & M


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