Category: Uncategorized

Chancery Court Minutes are generally about land disputes and settlement.

Midyett -vs – Midyett
Dated 1871 – 1873

SOURCE FOR THE FOLLOWING: MADISON CO., TN. CHANCERY COURT MINUTES (1869-1873)

BK. 4; PG. 10; 385
BK. 5; PG. 14; 27-29; 357-359
BK. 6; PG. 30

N.L. MIDYETT }
vs }
W.A. MIDYETT, ET AL}

IT APPEARING TO THE COURT THAT THE DEFENDANTS WILLIAM A., ASA D. JAMES H., JNO. D., MARY A., AND EMILY E. MIDYETT, HAVE BEEN REGULARLY SERVED WITH PROCESS AND THAT THEY ARE ALL MINORS AND HAVE NO REGULAR GUARDIAN. IT IS THEREFORE ORDERED BY THE COURT THAT STRODERT CARUTHERS BE APPOINTED GUARDIAN, AD LITEM, FOR ALL OF THE DEFENDANTS HEREIN TO ANSWER FOR THEM IN THIS CAUSE. (No date)

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June 1871
N.L. MIDGETT }
vs. }
W.A. MIDGETT, ET AL}

THIS DAY CAME COMPLAINANT IN OPEN COURT AND MOVED THE COURT TO ALLOW HIM TO FILE A SUPPLEMENTAL MOTION HAVING BEEN HEARD IN OPEN COURT IS ACCORDINGLY ALLOWED TO BE DONE.

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October 25, 1871
N.L. MIDYETT }
vs. }
W.A. MIDYETT, ET AL }

THIS CAUSE CAME ON TO BE HEARD UPON THE ORIGINAL AND SUPPLEMENTAL BILLS THE ANSWER OF THE GUARDIAN, AD LITEM, OF THE INFANT DEFENDANTS AND THE PROOF AND ARGUMENT OF COUNSEL FOR COMPLAINANTS AND DEFENDANTS, ON CONSIDERATION WHEREOF THE COURT DOTH ORDER AND DECREE THAT THE CLERK & MASTER OF THIS COURT MAKE THE FOLLOWING INQUIRES AND REPORT TO THE PRESENT TERM OF COURT:

1. ASK THE AGE, CIRCUMSTANCES AND CONDITION OF THE DEFENDANTS
2. WHAT PROPERTY IS OWNED BY SAID DEFENDANTS
3. WHETHER IT WILL BE TO THE INTEREST OF SAID DEFENDANTS THAT THE LAND MENTIONED IN THE BILLS SHOULD BE SOLD
4. WHETHER IT WILL BE TO THE INTEREST OF THE DEFENDANTS THAT THE PROCEEDS OF THE LAND IF SOLD SHOULD BE REINVESTED IN LAND IN OBION COUNTY NEAR KENTON STATION AND THE COMPENSATION OF ATTORNEY HEREIN WOULD RESPECTFULLY REPORT THAT THE DEFENDANTS ARE ALL MINORS UNDER THE AGE OF 14 AND THAT THEY OWN THE LANDS DESCRIBED IN THE BILL LYING IN MADISON COUNTY, DIST. #18 & BOUNDED AS FOLLOWS:

BEGINNING AT THE N.W. CORNER OF THE ORIGINAL McIVER TRACT RUNS E. 113 POLES TO A STAKE WITH WHITE OAK POINTERS THE N.W. CORNER OF LOT #2 THEN SOUTH 194 5/10 POLES TO S.W. CORNER THEN W. 16 POLES TO AN ELM THEN NORTH 51 5/10 POLES TO A STAKKE WITH POST OAK & RED OAK POINTERS THEN WEST 96 POLES TO A STAKE THEN NORTH 143 POLES TO THE BEGINNING, CONTAINING 106 23/100 ACRES.

THAT THEY OWN NO OTHER PROPERTY; THAT IT WOULD BE TO THE INTEREST OF THE DEFENDANTS TO SELL SAID LAND AS THE SAME IS LOCATED IN AN OUT OF THE WAY PLACE, IS, IN PART, UNFIT FOR CULTIVATION, HAS NO HOUSES ON IT AND BUT FEW ACRES OF OPEN LAND, IS NOT INCREASING IN VALUE NOR LIKELY TO DO SO NOR CAN IT BE MADE TO YIELD MUCH, IF ANY, CLEAR PROFIT TO ITS OWNERS NOR CAN IT WELL BE PARTITIONED SO AS TO SELL A PORTION SO AS TO IMPROVE THE BALANCE; THAT SAID LAND IS WORTH ABOUT $20.00 PER ACRE; THAT IT WOULD BE TO THE INTEREST OF THE DEFENDANTS TO REINVEST THE PROCEEDS OF SAID LAND IN LANDS IN OBION COUNTY NEAR KENTON STATION AS SAID LAND IS NEAR THE ABODE OF DEFENDANTS & THEIR FATHER AND ARE OF FINE QUALITY AND INCREASING IN VALUE AND CONVENIENT OF ACCESS. IT IS THEREFORE ORDERED THAT THE CLERK & MASTER, AFTER ADVERTISING, PROCEED TO SELL SAID LAND AT GADSDEN DEPOT IN MADISON COUTY TO THE HIGHEST BIDDER FOR 1/3 CASH AND THE BALANCE ON A CREDIT OF 1 & 2 YEARS WITH BOND AND APPROVED SECURITY AND A LEIN RETAINED ON THE LAND FOR THE PAYMENT OF PURCHASE MONEY AT A PRICE OF NOT LESS THEN $20.00 PER ACRE AND THAT HE PAY OUT OF SAID CASH PAYMENT ALL COSTS AND MAKE REPORT TO THE NEXT TERM OF THIS COURT.

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October Term 1872
N.L. MIDYETT, GUARDIAN}
vs. }
W.A. MIDYETT, ET ALS}

IN OBEDIENCE TO THE DECREE PRONOUNCED IN THIS CAUSE AT THE LAST TERM OF THIS COURT, AFTER GIVING NOTICE BY ADVERTISEMENT HE PROCEEDED ON SEPT. 27, 1872 TO SELL AT PUBLIC SALE TO THE HIGHEST BIDDER, AT GADSDEN, TN., THE TRACT OF LAND THEREIN MENTIONED, TO WIT:

LYING IN CROCKETT CO., TN. (formerly in the 18th Civil Dist. of Madison Co.) AND BOUNDED AS FOLLOWS–BEGINNING AT THE N.W. CORNER OF THE ORIGINAL McIVER TRACT AND RUNS E. 113 POLES TO A STAKE, THE N.W. CORNER OF LOT #2; THENCE S. 194 5/10 POLES TO ITS S.W. CORNER; THENCE W. 13 POLES TO AN ELM; THENCE NORTH 51 5/10 POLES TO A STAKE; THENCE W. 96 POLES TO A STAKE; THENCE N. 143 POLES TO THE BEGINNING, CONTAINING 106 23/100 ACRES WHEN JAMES N. McIVER BECAME THE PURCHASER THEREOF AT $20.00 PER ACRE, MAKING IN THE AGGREGATE $2125.60 OF WHICH AMOUNT HE HAD PAID IN HAND $708.20 AND HAS EXECUTED HIS 2 NOTES EACH FOR $708.20 WITH N.L. MIDYETT AS HIS SECURITY.

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June 23, 1873
N.L. MIDYETT, GUARDIAN
vs
W.A. MIDETTT, ET. ALS

IN THIS CAUSE, IT IS ORDERED THAT THE ORDER MADE AT A FORMER TERM OF THIS COURT BE IN ALL THINGS RENEWED AND THIS CAUSE CONTINUED.

A very special thank you to Sarah Hutcherson, who transcribed and contributed this document for use on this web page.