Alamo, Tennessee, Monday Nov 5, 1888
MRS. S. F. FIELDER and
FANNIE FIELDER Et als
VS Order appointing Guardian ad litum
IRA CLEAVELAND WILLIE FIELDER
In this cause on motion of Petioners solicitor it appearing to the satisfaction of the court that IRA FIELDER, CLEVELAND FIELDER and WILLIE FIELDER three of the defendants to the petition here to the court presented are minors and have no regular guardian the court is pleased to appoint C. A. GOODLOE Guardian adlitum to defend this cause a petition for the sale of land for partition for said minors.
MRS. S. F. FIELDER et als
VS
IRA FIELDER et als
County Court November Term 1888
Be it remembered that on this the 5th day of November 1888 this cause come on to be heard upon petition and answer of the Guardian of the defendants minor heirs and it appearing to the satisfaction of the court that defendants to the petition had reseived the nessary notice from petitioners of their intended application at this court and all other matters connected thereto being regular. It is ordered and decreed by the court that matters stated in said petition be refered to the clerk to take proof and report on the same on the 3rd Monday of November 1888 the same being an adjourned term of this court namely whether the premises are so situated that they cannot be divided. Or whether they are of such a description that it would be manifestly for the interest of the parties to sell them.
Also as to what would be a proper and adiquate allowance out of the proceeds of the sale of said lands in lien of dower to the said MRS. S. F. FIELDER widow of BENJAMIN T. FIELDER decd.
Also as to whether it would probably be to the interest of all parties to sell said land in two lots as described in the petition rather than one tract.
Reserving all other questions the rights of parties &c; until the report of the clerk.
Alamo, Tennessee, Monday Nov the 19th, 1888
MRS. S. F. FIELDER et als
VS Pending in County Court Nov. term 1888
IRA FIELDER et als
On motion of B. H. HARMON solicitor for petitioners in this cause it is ordered that N. H. WARREN who has intermarried with MISS FANNIE FIELDER be and he is hereby added as one of the petitioners in said cause by amendment of the marriage of said parties having been satisfactorily shown to the court
MRS. S. F. FIELDER et als
VS
IRA FIELDER et als
Be it remembered that this cause come on to be heard on this the 19th day of November 1888 before his worship JAMES M. COCHRAN chairman &co; of the worshipful county court of Crockett County Tennessee it being an adjourned term from the first Monday in November 1888 upon the petition filed in this cause and the report of the clerk which was ordered to be made at this adjourned term said report is in words and figures as follows to witt.
MRS. S. F. FIELDER et als
VS
IRA FIELDER et als
To the worshipful county court of Crockett County Tennessee
November Term 1888
In obediance to an order of your worshipful court on the 5th day of November 1888 to take proof and report whether the premices are so situated that they cannot be divided or whether they are of such a description that it would be manifestly for the interest of the parties to sell them also what would be a propper and adequate allowance out of the proceeds of the sale of land in lien of dower to the said MRS. S. F. FIELDER widow of BENJAMIN T. FIELDER deceased…
Would most respectfully report to your worshipful court that from? the Depositions of S. D. BALLENTINE and N. ECHOLS now filed with the papers in this case that the land is so situated that it cannot be divided among the said heirs advantageously and that it would be manifestly to the interest of all parties to sell said land for partition and that MRS. S. F. FIELDER should have in lien of her dower right in said land as widow of BENJAMIN T. FIELDER deceased a childs part or one seventh of the net proceeds of sale of land after paying all cost and attorney fees also that it would be to the interest of all parties to sell said land in two tracts as asked in the petition rather than one tract.
All of which is most respectfully this November the 19th 1888.
J. B. HUMPHREYS
Clk
Said report being full and complete and unexcepted to is in all things confirmed.
It further appearing to the satisfaction of the court that BENJAMIN T. FIELDER died in the year 1862 seized and possessed of 156 acres of land more or less and described in the petition and that he left the petitioners MRS. S. F. FIELDER his widow, FANNIE FIELDER since married to N. H. WARREN, JAMES P. FIELDER, B. T. FIELDER, SUSAN HAILEY wife of S. F. HAYLEY and J. A. FIELDER since died leaving IRA a minor defendant and W. N. FIELDER since died leaving CLEAVELAND and WILLIE the other minor defendants his only legal heirs and claimants by decent in the said FIELDER estate.
It further appearing to the satisfaction of the court by competent testimony of unexceptianable witneses that the widow MRS. S. F. FIELDER had never been assigned dower in said described real estate and that an adequate allowance to her in lind? of dower out of the proceeds of the sale of said lands after deducting the necessary expenses should be one seventh or a childs part…
…lots No. 1 & 2 described as follows… Lot No. 1 Bounded on the north by A. T. FIELDER on the south by Friendship & Trenton road on the west by J. H. RANDOLF Heirs and on the East by W. C. COOPS Heirs and contains 106 acres more or less
Lot No 2 Bounded on the north by Friendship & Trenton road on the south by RICE and BALLENTINE on the west by GARRETT and TAYLOR and on the east by FAIRCLOTH and contains 50 acres more or less.
It is therefore ordered adjudges and decreed by the court that the clerk and special commissioner JAS. B. HUMPHREYS prsed? to sell the described lands… at public auction in the Town of Friendship Tenn in front of J. Q. CRAIG’s store house door to the highest and best bidder…
It is further ordered adjudged and decreed by the court that the right and interest of the parties in and to the funds arising from the sale of said described lands be declared as follows after the neccessary expences are paid Viz MRS. S. F. FIELDER one seventh interest FANNIE FIELDER now FANNIE WARREN one seventh interest B. T. FIELDER one seventh interest JAS. P. FIELDER one seventh interest IRA FIELDER one seventh interest SUSAN HALEY and husband S. F. HALEY one seventh interest CLEVELAND FIELDER and WILLIE FIELDER one seventh interest divided equally between them. All other questions are reserved until the coming in of the report of sale by the clerk and sec. comms?
Alamo, Tennessee, Monday August 5th AD 1889
MRS. S. H. FIELDER et als
VS
IRA FIELDER et als
In this cause it is ordered by the Court on the petition of MRS. ELLA WALLER that the Clerk and special Commissioner pay to MRS. ELLA WALLER Mother of IRA FIELDER a minor etc? the funds now in his hands or that may hereafter come into his hands by Virtue of the sale of the Land for partition in said Cause it appearing to the satisfaction of the Court that the Amount is less than One Hundred and Fifty Dollars.
August 5th 1889
Transcribed and contributed by Natalie Huntley.