John Maxwell Estate Distribution (1870-1871)
Transcribed by Sarah Midyett Hutcherson in November, 2000. Note: [sic] in the content below was inserted by the Haywood County TNGenWeb Coordinator when revising the text in January, 2026.
Source: Haywood Co., TN. Court Minutes; Vol. J
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Page 368: Monday 5th December 1870: F. M. Maxwell et al vs Phillip Leimox [sic], James Grissen [sic] et al In this case, an order of Reference is hereby made, to the Clerk of this Court, to take proof, and report at the present term of this Court, if it would be to the interest of the new residents, Defendants and minor defendants, if any, have the land in the pleadings mentioned, sold for division.
Page 373: Tuesday, 6th December 1870: F. M. Maxwell Sarah Maxwell George, Susan, Caroline, Elvania & Polly Koonce Thomas Maxwell John Belton & wf Sarah, formerly Sarah Lennox vs Phillip Lennox James Grissom Joseph Harper & wf Paralee formerly Paralee Grissom Berry, John, Nancy, Minerva, Eliza and Mary Bruce
Be it remembered that on this the 6th day of December 1870, Came on this cause to be heard before the Worshipful County Court of Haywood County, R. S. Thomas, chairman; and Isaac M. Johnson & William Sangster, associate Justices, upon the petition of the Petitioners order proconfesso regularly taken, as to all the defendants report of the Clerk and Master and proof in the cause.
When it appearing to the satisfaction of the Court: that John Maxwell departed this life sometime in the year 1851, intestate, leaving as his only heirs and distributees, the complainants and the defendants, and that he died seized and possessed of the following tract or parcel of land, lying and being in the County of Haywood, and State of Tennessee, and bounded as follows:
Beginning at Joseph Murphey’s northeast corner, a stake and two black oak pointers
Thence South along said Murphey’s east boundary line to a stake, the north west corner of a tract of land, now in possession of Nathaniel D. Lilly, about one hundred and fifty eight poles,
Thence east along said Lilly’s north boundary line, three hundred and fifty two poles to Lilly’s north east corner, a black and white oak
Thence north one hundred and fifty eight poles, to the north east corner of Grant #270, in the (pg 374) name of Thomas Brown,
Thence west three hundred and fifty two poles to the beginning, it being acost [sic] and lying in the north east corner of said Grant #270, in the Big Hatchie connection of land, containing one hundred and twenty five acres.
It further appearing that for petition of said land, or sale per petition thereof, has ever been made among the heirs and distributees of said John Maxwell, deceased, and that they have a right to same,
and it further appearing from the report of the Clerk and Master, which is in the words and figures, following to wit:
F. M. Maxwell et al vs County Court December Term 1870 Phillip Lennox et al
On pursuance of an order of referance directed to the Clerk of this County, he would report in the above named cause, that he has taken proof as required, by said order, and finds that it would be manifestly for the interest of all concerned, Complainants and Defendants, to have the land in the pleadings mentioned, sold and the proceeds thereof, distributed among the heirs and distributees of John Maxwell, deceased.
He further reports from the face of the proceedings in this cause, there are minors, either Complainants or Defendants.
The proof is here, filed for the inspection of the Court, all of which is respectfully submitted. December 6th, 1870 J. L. Poston Clk.
And there being no exceptions to said report, the same is in all things confirmed, that it should be manifestly for the interest of all concerned, to have the said land sold for division among said heirs and distributees.
It is therefore ordered, adjudged and decreed by the Court, that the Clerk of this Court proceed after giving twenty days notice, by printed Hand Bills, of the time and place of the sale; to sell at the Courthouse door in the town of Brownsville, to the highest bidder, the before mentioned and discribed [sic] tract of land, for one third cash and the balance on a credit of one and two years, with note and approved security, and retaining a lien on said land until (pg 375) all the purchase may be paid and make his report herein of his actings [sic] to the next term of this Court. All other matters and things being held up until the coming in of said report.
Page 411: 4th Jan. 1871: F. M. Maxwell Phillip Lennox Sarah Maxwell James Grissom George, Susan, Joseph Harper & wife Caroline, Elvira vs Paralee, formerly Paralee Grissom and Polly Koonce Berry, John, Nancy Thomas Maxwell Mineriva, Eliza & John Belton & wf, Mary Bruce Sarah, formerly Sarah Lennox Thomas Koonce
Be it remembered, that on this the ____day of January 1871, came on this cause to be further heard upon the Report of the Clerk and Commissioners of this Court, which is in the words and figures following:
To the Worshipful County Court of Haywood County, Tennessee; I would beg leave to respectfully to report that in obedience to an interlocutory decree made at the Dec. Term 1870, of your Worshipful Court in the above stated cause, I proceeded at the Courthouse door in Brownsville, after giving the notice required by law, by printed hand bills, on the 31st day of December 1870, to sell to the highest bidder, the land in the pleadings mentioned; bounded as follows:
Beginning at Joseph Murphey northwest corner at a stake and two black oak pointers
Thence south along said Murphey’s east boundary line to a stake the northwest corner of a tract of land now in possession of Nathaniel D. Lilly, about 148 poles
Thence east along said Lilly’s north boundary line 352 poles to Lilly’s northeast corner, a black and white oak
Thence north 148 poles to the northeast corner of Grant #270 in the name of Thomas Brown
Thence west 352 poles to the beginning, it being a part and lying to the northeast corner of said Grant #270 in the Big Hatchie Connection of land.
Containing 125 acres, when W. W. Womble and M. F. Russell, being the highest and Best bidder, became the purchaser at and for the sum of $6.75 per acre, amounting in the aggregate to $843.75, having paid one third, $281.28 in cash, they executed their notes two in number for $281.25 each, payable in one and two years after date, with J. M. Moore & John L. Sherman as their securities, all of which is respectfully submitted. January 4th, 1871 John L. Poston, Clk.
And there being no exceptions, the same is in all things confirmed.
And it appearing from said report that the cash payment for sale of the land mentioned and discribed [sic] amounts to the sum of $281.25. It is therefore (pg 412) ordered and decreed by the Court that the Clerk of this Court proceed to pay after first satisfying all costs in this proceeding—the remainder of said cash payment to those entitled to same, that is to say, one seventh to F. M. Maxwell; one seventh to Sarah Maxwell; one seventh to George, Susan, Caroline, Elvira and Polly Koonce; one seventh to Thomas (should be J. F.) Maxwell; one seventh to Sarah Belton, wife of John and Phillip Lennox; one seventh to James Grissom and Paralee Harper, wife of Joesph; and one seventh to Berry, John, Nancy, Minerva, Eliza and Mary Bruce.
And it is further ordered that the Clerk & Commissioner proceed to collect at the balance of said purchase money evidenced by two notes as described in said report, as soon as they fall due, and when the last note is collected, the said Clerk shall report the same to this Court. All other matters and things being reserved until the coming of the said report.