Robertson County Court Minute Book 15, page 200
Monday, Nov 6th 1865

         Letters of Administration are granted to Bolivar Payne on the Estate of Thomas J. Payne deceased and he and his securities T. O. Tarpley and Joseph McNull executed and acknowledged Bond in open Court in the sum of five hundred dollars and bound as the law directs. And he qualified in open Court according to Law,

Robertson County Court Loose Papers 1865

Payne, Thomas J.
May 14th 1866
Petition for sale of Land

         To the Worshipful County Court of Robertson County, sitting & presiding at Springfield.
         The Petition of Bolivar Payne, a citizen of Robertson County, Tennessee. Complainant vs. Alonzo Payne, Laura Payne, Sinai Payne, Robert T. Payne and Thomas Payne, citizens of Robertson County, Tennessee, and Ann Barlow, formerly Ann Payne, and husband William C. Barlow citizens of the State of Illinois, Defendants.
         Petitioner Bolivar Payne would respectfully represent to your worships that Thomas J. Payne departed this life in Robertson County, Tenn. in Octr. 1865 leaving a widow, Elizabeth Payne and the forgoing deft's as his children and heirs at law. Petitioner regularly qualified as the Adm upon the estate of said deceased at the Nov term of the County Court, 1865, and took upon himself the duties of said trust that he has sold the personal estate of the deceased which amounted to about ninety four ($94.00) dollars that the said widow had an allowance made to her for her years support which included among other things Fifty dollars in money the burial expenses and the other expenses incident to the administration, will more than cover the balance of the proceeds of the sale of the personal property - and he left no notes or accounts so far as Petitioner knows, or has heard of He left a tract of about 166 acres of land lying in the first district of said County the same upon which he resided at the time of his death. Adjoining the lands of Petitioner & Solomon Payne Wm. Stringer and Pleasant Barry. That the said widow, Elizabeth Payne had had dower assigned to her out of said land including about 65 acres this leaving about 101 acres belonging to the estate of Petitioners said intestate. Petitioner would state & show that said estate as to the personally is entirely insolvent after paying what has to be paid the widows years allowance burial expenses & the expenses incident to the administration that he has this day suggested it insolvency of the same to the Clerk of this Court and given the notice thereof required by law. He has already heard of a debt due to A. B. Young by judgment in Circuit Court of Robertson County of about $70.00 a debt due to Sol. Guild by note of about $30.00. a medical account to Dr. J. S. Mulloy the precise amount not known to petitioner also a debt due to E. A. Mulloy, the amount unknown and also various other notes and accounts due to various persons the precise amounts and the names of all the creditors petitioner cannot now state with accuracy, But Petitioner states positively that he knows of enough debts of his own knowledge to make it absolutely necessary to sell said land for the purposes of paying them He states that all the defendants are minors under 21 years of age and have no regular Guardians. The premises considered, Petitioner prays that the parties named in the caption be made defendants that publication be made as to the non-resident that copy & (spa) issue to the resident defts. that a guardian ad litem be appointed to answer and defend for all said minor defendants. And that they answer fully and on final hearing Petitioner prays that said land be sold for the purpose of paying the debts of Petitioners said intestate and for distribution, if any thing should remain for that purpose $ etc.

State of Tennessee Robertson County:
         This day personally appeared Bolivar Payne the Petitioner in the foregoing Petition & made oath in due form of law that the matters & things therein stated are true to the best of his knowledge, belief, recollection & information.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (2 of 13)

State of Tennessee

To the Sheriff of Robertson County----Greeting:

         We command you to summon Alonzo Payne, Laura Payne, Sinia Payne, Robt. T. Payne and Thomas Payne to appear before the County Court of Robertson County, Tennessee, to be held at the Court House in Springfield, on the first Monday in June next, to answer a bill exhibited in our said County Court by Bolivar Payne, adm. of Thos. J. Payne, deceased and to do further and receive what our said Court shall have considered in that behalf, and this they shall in no wise omit, under the penalty prescribed by law, and have then and there this writ.
Witness, R. H. Murphey, Clerk of our said Court, at office the first Monday in May in the year 1866.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (3 of 13)
June Term 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause it appearing to the Court that the defendants Alonzo Payne, Laura Payne, Sinai Payne, Robert T. Payne and Thomas Payne have been regularly served with copy and Subpoena and that they are minors under 21 years of age. And have no regular Guardian. It is therefore ordered by the Court that J. W. Judd an Atty of this Court be appointed Guardian ad litem to answer and defend for said minor defendants.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (4 of 13)
30 June 1866

         The answer of Alonzo, Laura, Sinai, Robt, and Thos. Payne citizens of Robertson County Tennessee and Ann Barlow citizen of Ills. minors under the age of 21 years by their guardian ad litem� J. W. Judd an atty of this Court
         Receipt for answer to so much of complts Bolivar Payne petition as they are advised it is necessary for them to answer, state that they admit it to be true as stated in the petition that their father Thos J Payne departed this life as stated, They suppose it to be true that the petitioner Bolivar Payne has regularly qualified as his adm and taken upon himself the duties of said trust and that the personal estate in insolvent and that then outstanding debts against said estate which will make a sale of the land mentioned in the pleadings necessary but of all this they know nothing of their own knowledge but ask the Court to guard strictly their interest and if the proof should show the fact that a sale is necessary they ask the Court decree them the remainder of the money for which it is sold after all just debts are paid and having full answered pray to be dismissed.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (5 of 13)
July Term 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause it appearing to the Court that the defendants Ann Barlow and husband William C. Barlow are non residents of the State of Tennessee so that the ordinary process of the Law cannot be served on them and that publication has been regularily made as to them according to Law, and that they have failed to plead, answer or demur to the Petition in this cause. It is therefore ordered by the Court that the same be taken for confessed and set for hearing exparte as to them.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (6 of 13)

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause, on motion it is ordered by the Court that the Clerk take proof and report what would be a fair and reasonable minimum price to be paid on the land in the pleadings mentioned.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (7 of 13)
July 2 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause, I have caused to come before me J. M. Wright and J. W. Swann who being by me first duly sworn according to law state that they are and have been for several years well acquainted with the land belonging to the estate of Thos. J. Payne deceased and they state that eight dollars per acre would be a fair and reasonable minimum price for the same
and that they are disinterested witnesses

Robertson County Court Loose Papers 1865
Payne, Thomas J. (8 of 13)
July Term 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         Be it remembered that on this day this cause came on to be heard and was heard before the worshipful County Court of Robertson County upon the petition. Answer proof and proconfesso in the cause when it appeared to the satisfaction of the Court that Thomas J. Payne departed this life intestate in said County in 1865 leaving a widow, Mrs. Elizabeth Payne and the defendants in this cause. And that Petitioner, Bolivar Payne, is his regularly qualified Admr' that the deceased left but a small personal estate not sufficient to furnish the said widow with here allowance for her years support and to pay his burial expenses. that he is in debt to different persons in various sums in all amounting to several hundred dollars that he also died seized and possessed of a tract of about 166 acres of land lying in the first district of Robertson County Tennessee adjoining the lands of Petitioner & of Solomon Payne, Wm Stringer and Pleasant Barry that the said widow has had dower set apart to her out of said land the same containing about 65 acres, thus leaving a remainder of about 101 acres. And it appearing to the satisfaction of the Court that a sale of the remainder of said land is absolutely necessary for the purpose of paying the debts of said dec'd. It is therefore ordered and decreed by the Court that the said tract of about 101 acres of land be sold by R. H. Murphey, as Special Comm publicly, to the highest bidder, on the premises, on a credit of one and two years the bidding to open at $8.00 per acre, taking notes with good security and retaining a Lien to secure the purchase money. He will first advertise said sale for 20 days or more by printed Hand-Bills and collect cash sufficient at the sale to pay the cost of this cause and an Atty's fee to S. H. Benton and J. W. Judd and report said sale to this Court when made.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (9 of 13) September 3rd 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause in directing me to sell the remainder of the land belonging to the estate of T. J. Payne deceased after the assignment of Dower, & etc I have twice advertised the same and attended on the premises in accordance with said former orders and have failed to get the minimum price of $8.00 per acre bed therefor and I would respectfully suggest to the Court that the minimum price thereon of $8.00 per acre be reduced to $5.00 per acre and that the sale be postponed until the further order of the Court. All of which is respectfully submitted This Septr 3rd 1866

Robertson County Court Loose Papers 1865
Payne, Thomas J. (10 of 13)
September Term 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         In this cause it appearing to the Court from the Special Commr's report that he has offered the land in the pleading mentioned for sale twice and has failed to get the minimum price of eight dollars per acre bid therefor and suggests that the minimum be reduced to five dollars per acre and that the sale be suspended for the present. It is therefore ordered by the Court that the sale of said land be suspended until the further order of the Court and that the minimum price of eight dollars per acre be reduced to five dollars per acre.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (11 of 13)
December Term 1866

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         Be it remembered that this day this cause came on again to be heard and was heard before the worshipful County Court of Robertson County, when it appeared to the Court satisfactorily that the land in the pleading mentioned ought to be sold for the purpose of paying the debts of Thos. J. Payne deceased.
It is therefore ordered by the County that the former orders of this Court in this cause directing R. H. Murphey as Special Comm'r to sell said land be renewed and revived and that he sell the same with the terms thus modified that he sell it publicly. To the highest bidder, on the premises, on a credit of one and two years with interest from date. Retaining a lien to secure the purchase money the purchaser to pay cash sufficient at the sale to pay the costs of this cause and an Atty's fee to S. H. Benton for his services as Atty in this cause. And that he take notes with good security for the balance.
the biddings to open at $5.00 per acre. And he will advertise said sale 20 days on more by printed Hand-Bills. And he will report the same to the next term of this Court.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (12 of 13)
January 5th 1867

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         Pursuant to an order of this worshipful County Court of Robertson County, made at its July term 1866, directing me as Special Commr's to sell the remainder of the land belonging to the estate of Thos. J. Payne deceased after the allotment of Dower publicly to the highest bidder, on the premises, on a credit of one and two years, with interest from date, retaining a lien to secure the purchase money to collect cash at the sale to pay the costs of the cause and Atty fees the biddings to open at $5.00 per acre and to advertise the sale for 2o days or more by printed Hand-Bills and to report the same to next term of this Court.
         I did on Friday the 4th day of January 1867 offer said land for sale, publicly to the highest bidder, on the premises, first having advertised said sale for more than 20 days, by printed Hand-Bills, when Solomon Payne became the purchaser thereof at the price of $13.10 per acre, that being the highest and best bid therefor - He paid in cash $100.00 and executed his two notes due at one and two years, with interest from the date, for $611.55 each, with Bolivar Payne as his security. The boundaries of said land have not been furnished to me. It includes all that portion of the tract of land conveyed by the said Solomon Payne to the said Thos. J. Payne deceased except the widows dower. The whole tract is said to contain 166 acres. The Dower by survey contains 65 acres, thus leaving the portion sold to the said Solomon Payne 101 acres, which at $13.10 per acre makes the sum of $1323.10 for a more particular description of said land, in reference is here made to the deed from the said Solomon to the said Thos. J. Payne deceased which is on record in the Registers office of Robertson County, Tennessee, and the same adjoins the Dower tract of the widow Mrs. Elizabeth Payne, and also adjoining lands of Solomon Payne, Bolivar Payne, William Stringer and Pleasant Barry and lies in the first civil district of said County of Robertson. All of which is respectfully submitted to the worshipful Court. This Jany 5th 1867.

Robertson County Court Loose Papers 1865
Payne, Thomas J. (13 of 13)
January Term 1867

Bolivar Payne Adm. of T. J. Payne & others
Vs
Alonzo Payne & others

         Be it remembered that on this day this cause came on to be heard and was heard before the worshipful County Court of Robertson County, upon the report of the Special Commr. On the sale of the remainder of the land belonging to estate of Thos. J. Payne deceased after the allotment of dower to the widow Mrs. Elizabeth Payne, which report is in the following words and figures, to wit.

(here insert the report)

and which report, being unexcepted to, is by the Court in all things confirmed. It is therefore ordered, adjudged and decreed by the Court that the title to the land mention and described in said report be divested out of the heirs at law and distributes of Thos. J. Payne deceasedd and vested in the purchaser thereof, Solomon Payne, as shown in said report, his heirs and assigns forever subject only to a Lien to secure the unpaid purchase money. That a copy of this decree and report be furnished for registration, if desired. That the costs of this cause including Atty fee of $25.00 to S. H. Benton and a fee of $15.00 to J. W. Judd, for their services as Attys in this cause be first paid. That the balance of the purchase money when collected be paid over to the Petitioner, Bolivar Payne as Admr. Of T. J. Payne deceased - and he will first pay the debts of his said intestate and if anything then remains he will distribute the same amongst those entitled thereto according to law.

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