George Cummings, Deceased, Sale of Real Estate (1847)
Marshall County Deed Book H, pages 412-414
State of Tennessee)
Marshall County ) Circuit Court August Term 1847
Monday morning August 16th 1847
Irwin McAdams’ Title to Land Decreed to him by the Court & Recorded the 14th day of September 1847
Court met according to adjournment, present the Hon. Edmond Killahuskey, Judge & C–Proclamation being made, the court was opened—
John Cummings, Admr of George Cummings)
EXPARTE) it’s Final Decree
Be it remembered that this cause came to be heard this day upon the report of the commissioners appointed to make sale of the land mentioned in the pleading, which report is in the words & figures following, to wit;
“The undersigned Report to the Court that the purchase money of Land sold under a former Decree of this Court to Irwin McAdams has all been paid over to the undersigned and the said McAdams should have a Decree for title.
John Cummings, Comsr & Admr”
which report being _(???)_ to is in all things confirmed–It is further ordered, decreed and adjudged that all the Right, title, claim and interest which the widow and heirs of George Cummings in & to the tract of land mentioned in the Cause be vested out of them & vested in Irwin McAdams & his heirs forever,-
Said tract containing by survey Two hundred and sixty One acres, one hundred & fifty poles and bounded as follows–Beginning at a dead Surgartree & Beech in Robt Orr’s line, running thence South 4 & 1/2 degrees East with his line Eighteen poles to his South West Corner, to a Beech lettered “M Cummings,” and Buckeye- then North 84 & 3/4 degrees East with another of his lines seventy poles to John Orr’s corner, thence South 2 degrees East with his line forty nine poles to a stake, Wm Stinson’s corner, thence South 86 degrees West with his line forty two poles to a Buckeye stump, two Sugartrees & Oak pointers, then South 4 degrees East with another of his lines Ninety poles to an Ash, Hickory & Sugartree, pointers, then South 80 degrees West with another of his lines forty Eight poles to a Lynn tree, then South 2 degrees West still with Steward’s line forty two poles to a Lynn on the line that formerly divided the County of Bedford & Lincoln, then with said line South 78 degrees West Sixty two poles to a point on said line – then West forty four poles to three Hickories on said line, then South 12 & 1/2 degrees West forty eight poles to a stake on said line, then South 69 degrees West forty two poles to a stake in said line – then South 47 degrees West thirty four poles to a stake on said line – then South 74 degrees West about ten poles to Jesse McLean’s line – then South with that line about forty six poles to a Black Locust, then West forty four poles to a stake, Sugartree & other pointers – then North one hundred and thirteen poles to a stake in Polly Morris’ old line – now Irwin McAdams – thence East with that line ten poles to the corner thereof, formerly a Dogwood – thence North 3 degrees West with another of her lines Eighty six poles to an Elm, a corner of John Cummings in the old Ross line, then North 84 & 1/2 degrees East with that line forty poles to a stake, then North 5 & 1/2 degrees West, still with John Cummings’ line, forty poles to a stake, to a Large Popular, then North 84 & 1/2 degrees East with land owned by s’d McAdams forty poles to an Ash & Ash pointers – then South 5 & 1/2 degrees West, still with the land owned by said McAdams, forty poles to the old Ross line – then North 84 & 1/2 degrees East with that line one hundred and forty one poles to the Beginning; containing in all, two hundred eighty nine acres one hundred and thirty two poles including forty eight acres sold by the said George Cummings in his life time to a Mrs. Bruce which, taken from it, leaves two hundred and sixty one acres & one hundred fifty two poles owned or claimed by the said Cummings at the time of his death.
David McGahey
May 26 1847
It is further ordered and decreed that John Cummings has the leave of this proceeding for which intent may issue and that the clerk certify a copy of this to the Register of Marshall County, the cost of which certificate & copy to be included in the Bill of Costs
STATE OF TENNESSEE)
MARSHALL COUNTY ) I, Thomas McKnight, clerk and master of the circuit court of Marshall County aforesaid do certify that the above and forgoing is a true copy of the Decree named in this cause.
{his Seal} In testimony whereof I have hereunto set my hand & private seal having no seal at office this the 14th day of September A. D. 1847
Thomas McKnight Clerk
Filed in office the 14th day of September 1847 at 38 minutes after 11 O’clock A. M.
J. J. Elliott R.M.C.
[Transcriber’s Note: See, also, the record of Inventory & Sale of the personal property of the estate of George Cummings at Marshall County Inventories of Estates, Volume B, pages 55 & 56.]
contributed by Dick Wood (date unknown)