Hall, Jonathan ~vs~ Dunlap Heirs – sale of land

Alamo Tennessee, Monday April 6th 1885
JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In the County Court of Crockett County Tennessee. In this cause it appear from the petition, which is sworn to that the defendants THOS GRIFFIN and wife REBECCA GRIFFIN, HILLARD DUNLAPP, REBECCA DUNLAPP, Adults WM. DUNLAPP, JOHN H., DUNLAPP, JESSEE DUNLAPP, and EDDIE DUNLAPP and WM. BREWER and wife LIZZIE BREWER are nonresidents of the State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Court that publication be made in the Crockett County Sentinal for four consecutive weeks commanding said defendants to appear on the 3rd Monday, the 186h day of May 1885 and plead answer or demur to the said petition or the same will be taken for confessed and set for hearing exparte as to item.

Alamo Tennessee, Monday May 18th 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In this cause it is ordered by the Court that W. W. SPENCE and Attorney of this Court be and he is hereby appointed Guardian ad Litem for the following minor defendants WILLIAM, JOHN H., JESSEE and EDDY DUNLAPP, WILLIAM BREWER and his wife LIZZIE BREWER and that he file the same by the June Term 1885 of this Court.

Alamo Tennessee, Monday May 18th 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In this cause it is ordered by the Court that a ref— be had by the Clerk that he take proof by two witnesses who are uninterested in the sale and distribution of said land as to the minimum value of the same on a sale of said land on the following terms: one third cash the remainder in two equal annual payments of one and two years and report the same to the June Term 1885 of this Court.

Alamo Tennessee, Thursday May 21st 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In this cause it appearing to the Court that THOS. GRIFFIN and his wife REBECCA GRIFFIN, HILLARD DUNLAPP, ELLINGTON are adult defendants in said cause and that they are non residents of the State of Tennessee and that they have been regularly made parties to complaints petition by publication duly made according to law, and that they and each of them have failed to appear and make defense to said petition within the time required by law. It is ordered that as to them complainants petition be taken as confirmed? and the cause set for hearing exparte.

Alamo Tennessee, Monday June 1st 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In the County Court of Crockett County Tennessee. This cause came onto be heard before the Worshipful T. G. JOHNSON Chairman &c; on the first Monday of June 1885 upon the petition of Complainants and answer of the Guardian ad litem for the minor defendants and order proconfesso against the adult defendants and the report of the Clerk upon the order of ref—?, which is in words and figures as follows.

Alamo Tennessee, Monday June 1st 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In the County Court of Crockett County Tennessee. The report of the Clerk of the county Court upon an order of reference? in the cause at the May Term 1885 of Court, to take proof and report, the minimum value of the land per acre, described in the petition, makes the following report, towit. That from the depositions of JAMES LEWIS and H. W. HEFLEY taken before J. W. WILLIAMS Justice of the peace of said County, on the 23rd of May and now on file in this cause he would report said land worth $6 50/00 per acre on the terms of one third cash and the remainder on a credit of one and two years. All of which is respectfully submitted June 1st 1885.

W. N. BROWN Clk

And it appearing to the Court that the petitioners and defendants are the owners in common of the tract of land described in the petition lying in the fourth civil district of Crockett County Tennessee of about one hundred and twenty five acres, embraced in the following boundaries as follows [description of land, bounded by S. VICK, JESSE JONES and BEATY] It is therefore ordered adjudged and decreed by the Court that the lands mentioned and described in the pleadings in this cause be sold by the Clerk and Commissioner of this Court after giving legal notice by printed handbills on the following payments, one third cash the remainder in two annual equal payments of one and two years credit taking notes with security with a lein retained of said land to secure the payment of said notes and that said sale be made at the town of Gadsden Tennessee and report to the July Term 1885 of this Court, until which time all other matters? are reserved.

Alamo Tennessee, Tuesday July 7th 1885

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

In the County Court of Crockett County Tennessee.

This cause came on to be finally heard before T. G. JOHNSON Chairman &c; on Tuesday the 7th day of July 1885 upon the report of the Clerk and Special Commissioner of the County appointed at the June Term 1885 of said Court to sell the lands mentioned and described in the pleadings and report to this term of the Court, which report together with a plat of a survey made of said lands is in the following words and figures, towit:

JONATHAN HALL et als
~vs~
HILLARD DUNLAPP et als

Pending in the County Court of Crockett county at Alamo Tennessee.

In obediance to a decree of your worshipful Court re—-? in the above cause at its June Term 1885 the undersigned did after legal advertisement of time place and terms of sale, on Monday June 29th 1885 in the town of Gadsden, Crockett County, Tenn, offer for sale at public auction to the highest and best bidder, the following tract or parcel of land lying and being in the 4th civil district of Crockett County, Tenn., bounded as follows… [follows [description of land, bounded by J. F. CRADDOCK, HENRY DUNLAP and MRS. JOHN HAMMOND]

When J. K. DUNLAP became the highest and best bidder and for the price of Nine Hundred and Thirty and 10/100 Dollars, and the same was struck off to him and in compliance with the order of your worshipful Court and the advertised terms of sale he paid in cash three hundred and ten and 03/100 1/3 dollars and executed his two notes due twelve and twenty four months from date of sale each for three hundred and ten and 03/100 1/3 dollars with W. Z. RAINES and J. HALL as his securities and a lien is hereby retained on said lands to secure the purchase money This 29 day of June 1885
W. N. BROWN Clk.

Which report is unexcepted to and is in all things confirmed by the Court. And it is adjudged and decreed by the Court that the title of all the complainants and defendants as the heirs and their assignes of MARY DUNLAP Deceased be divested out of each and all of them and the same vested in KINDRICK DUNLAP the purchaser retaining a lien on said lands for the payment of the notes given for the defered payment.

And it is further ordered and decreed by the Court that out of cash payment made in said cause that the Clerk and commissioner pay all cost accrued in this cause incident to the sale and survey and pay R. W. SIMS Solicitor for Petitions his fee of Twenty dollars and one dollar and ten cents paid by him for copy of the deed to said lands and to pay to W. W. SPENCE Solicitor as Guardian ad Litum for filing answers for the minors in this cause $5.00. and prorated the remainder and pay out the same to the respective parties entitled and that he furnish the purchaser of said with a copy of this decree as a —–? of title to said land by him paying said Clerk for same.

Alamo Tennessee, Monday July the 18th 1887

JONATHAN HALL et als
~vs~
HILLARD DUNLAP et als

In this cause on motion of J. K. DUNLAP the purchaser of the land sold herein at a former term of this court it is refered to the clerk of this court to take proof and report to the present term of this court what taxes if any were due and unpaid on said land at the time of the same thereof.

Alamo Tennessee, Monday July the 18th 1887

JONATHAN HALL et als
~vs~
HILLARD DUNLAP et als

In this cause it appearing from the report of the clerk which is in words and figures as follows to witt.

The undersigned in accordance with an order of your worshipful court at the pressent term there of To take proof and report what Taxes were due at the time of sale on the lands sold in this case and bought by J. K. DUNLAP would respectfully report that there was due at the date of the sale of said land to the state county School Highway & special the sum of Seven 15/100 Dollars all of which is respectfully submitted July 18th 1887.
J. B. HUMPHREYS Clk

That there was due the sum of Seven 15/100 Dollars Taxes on the land sold herein at a former term of this court at the time of said sale It is therefore ordered that the clerk pay said sum of Seven 15/ dollars and the cost of this proceedings from any money in his hands derived from the sale of said lands.

Alamo Tennessee, Monday November 21st 1887

JONATHAN HALL et als
~vs~ Petition
HILIARD DUNLAP et als

To the worshipful County Court of Crockett County Tennessee.

In this cause the sale of the MARY DUNLAP tract of land for Partition amoung her heirs and their representatives by a decree of the county Court of Crockett County said land being more particularly described in the pleadings in said cause, there was an error made in the plat & survey of said tract of land of about 4 984/1000 acres two much the same taken off HENRY DUNLAPs land and sold by said decree said sale at the price of $6.55 per acre amounting to the sum total of $[blank] and executing his notes to the Clerk and Commissioner for the same. It now appearing to the Heirs and distributees of said sale that there was a mistake in the amount of said sale to the amount of $32. 64/00 7/10 which KINDRICK DUNLAP has made his note payable to the clerk and Commissioner for now. We the Heirs and distribtees of said funds do hereby agree and consent that said KINDRICK DUNLAP be released by the Clerk and Commissioner from the payment of that amount to witt $32 64/100 7/10 of his note which was given for land sold by the decree which did not belong to the heirs of the said MARY DUNLAP.

Mattie A. Cornatzer, Maggie A. Reece, Nannie E. Hall, Sallie E. Heal, John H. Dunlap, Henry Dunlap, Hilliard G. Dunlap, Rebecca J. Griffin, Lizzie Brewer, Mary A. Elington, W. T. Dunlap, W. H. (X) James, M. A. (X) Raines


Transcribed and contributed by Natalie Huntley.