Bradley County Tennessee Chancery Court, Case Files 1860 – 1880
Case Number 93:  J G Felker vs Rebecca Pierce and Others

[Note: spelling and punctuation retained as contributed.]

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 McKAMY 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.

Transcribed and copyrighted by Susan Langheld from Tennessee State Library & Archives Bradley County Microfilm Roll # 83.