Petition to TN Legislature Regarding Land Dispute Between Thomas Twomey and William Cook, 1843
Transcribed from microfilm and contributed by: Charles A. Sherrill, 1992
A project of the Bradley County Historical Society
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Petition Number 123, Year 1843_
[Cover sheet reads: “Petition of Thomas L. Twomey, praying for legislative relief. in the matter of a Land grant in Ocoee District.”]
The Honorable General assembly of the state of Tennessee now in session this is to Represent to your Honorable body that your humble petitioner Thomas L. Twomey Entered a quarter section of land in the land office of the Ocoee district at one dollar pe r acre as occupant and that the same quarter section is Entered by William Cook as general Enterer as two dollars per acre as is Exibbitted by the Entry takers Certificate and that said Cook has instituted a suit against your petitioner and gained the lan d by decisions in the Circuit Court and Supreme Court and by and order from the Supreme Court obtained possession and now is and has been in the possession for the last season and your Petitioner has paid the Costs in the different Courts and for Rejectin g as shown in Exibbit A and B your petitioner is therefore aggrieved and prays your honorable body to Redress his grievance by passing a law the the Entry taker shall Refund him his money there being no laws as is is said to pay Back the money and hour hu mble petitioner as in duty bound will ever pray and etc.
[signed] Thomas L. Twomey
Exhibit A
Received 2nd November 1842 of Thomas L. Twomey Eighteen Dollars & Eighty one and one fourth cents the amount of the cost of a suit commenced in the Circuit Court of Polk County wherein William H. Cook was Plaintiff and John Rice & Thomas E. Two mey was defendant and also the Cost of the Supreme Court amounting to seven dollars & seventy five cents on the same suit two Executions having Issued from the Supreme Court for the above amount.
William M. Biggs, Clerk of the Circuit Court Polk County
Exhibit B
Received of Thomas L. Twomey one dollar and seventy five cents the amount of Cost in a suit William H. Cook vs John Rice and Thomas H. Twomey in the Supreme Court at Knoxville this 6th March 1843 the Cost for Rejecting [–?–] from possession.
I Luke Lea Entry Taker of the Ocoee District, do hereby
certify that on the 4th day of December 1839 William H. Cooke as a general enterer entered the South East quarter of Section Ten in fractional Township Two North and Range Two East of the Basis line in the said Ocoee District at two dollars per acre, a nd that afterwards, to wit, on the Twenty fifth day of January 1840, Thomas L. Toomy as an occupant, entered the aforesaid South East quarter of section Ten, fractional Township Two, and Range Two East of the Basis line, at one dollar per acre.
Given under my hand at Office in Cleveland this 7th day of August 1843.
Luke Lea, Entry Taker of the Ocoee District
No. 3013
Elias Hutcheson enters as General enterer, forty acres of land, it being the South east corner of the South West quarter of Section four in fractional Township two South and Range One West of the Basis line in the Ocoee District, beginning at the South West corner of said quarter Section.
Entered at fifty cents per acre. June 2nd, 1841.
I Luke Lea Entry Taker of the Ocoee District do hereby certify that the foregoing is a true copy of Elias Hutchesons entry No. 3013 taken from the records of my Office. I also further certify that afterwards, to wit, on the 5th day of June 1841 a certa in Evan Parker entered as General enterer, forty acres of land in the South West corner of the South West quarter of Section four in fractional Township two South and Range One West of the Basis line in the said Ocoee District, at fifty cents per acre.
Given under my hand at Office in Cleveland this 18th day of September 1843.
Luke Lea, Entry Taker of the Ocoee District
State of Tennessee ))
Bradley County ))
This day personally appeared before me Henry Mitchell an acting Justice of the peace for said county, Elias Hutcherson and made Oath that he intended to enter forty acres of land lying in the South West corner of the South West quarter of Section four in fractional Township two south and Range One West of the Basis line lying in the Ocoee Dist., but through mistake entered forty acres in the South East Corner of the same quarter section the 40 acres of land that He entered is of but little value the land he intended to enter had his houses water and part of his c leared land on it and the land was it self much more valuable.
Elias Hutcheson
Sworn to and subscribed before me this 19th day of September 1843
Henry Mitchell
Justice of the Peace for Bradley County, Tenn.
The said Elias Hutcherson prays the Legislature to make arrangements for him to recover the money which he has cost by entering land of no value.
I Luke Lea Entry Taker of the Ocoee District, do hereby certify that on the 4th day of December 1839 William H. Cooke as a general enterer entered the South East quarter of Section Ten in fractional Township Two North and Range Two East of the Basis li ne in the said Ocoee District at two dollars per acre, and that afterwards, to wit, on the Twenty fifth day of January 1840, Thomas L. Toomy as an occupant, entered the aforesaid South East quarter of section Ten, fractional Township Two, and Range Two Ea st of the Basis line, at one dollar per acre.
Given under my hand at Office in Cleveland this 7th day of August 1843.
Luke Lea, Entry Taker of the Ocoee District