Chancery Court to D.L. Durrett & others
Chancery Court to D.L. Durrett & others
Source; Robertson County, Tennessee, Deed Book 15, p.378
Transcribed by Larry Hallstrom
© 2008
Be it remembered that at a Chancery Court held at Springfield for Robertson County Tennessee on Thursday before the third Monday in November 1869 The Hon Thomas Barry Chancellor for the Seventh Division of said State Presiding. M. S. Woodard, Sheriff of said County and Miles S. Draughon, Com of said Court, when the following business was transacted.
J.C. Fuqua and D.L. Durrett
vs
Minnie L. Durrett
Be it remembered that on the 14th Day of Novr 1867, this cause came on to be heard And was heard before the Hon. Chancellor Thomas Barry upon the bill, Exhibits and answer, and proof in the cause, from all which it appears to the satisfaction of the Court that about Jany 1865 the Complt Daniel L. Durrett intermarried with Sally A. Moore, the daughter of Alfred Moore, that in a few months thereafter the said Moore Departed this life intestate in Robertson County, That soon after his real estate was divided among his children, that a share thereof consisting of one hundred and sixty four (164) acres was allotted to the said Sally A. and to Complt D.L. Durrett, as her husband. The boundaries of the said land thus allotted them are as follows, to wit: Beginning at a stake in Geo A. King’s west boundary line, thence N 20 E 30 poles to a stake; thence N 30 W 100 poles to a stake; Thence S 30 E 20 poles to a stake; Thence N 153 ½ E poles to a stone; Thence _____ E 50 ½ poles to a Stone; Thence N 135 ½ E poles to a post oak in the Kentucky State line; Thence S 86 ½ E 75 2/3 poles to a stake; Thence S 28 1/2 poles to a stake SE corner of J.G Fuqua’s tract; Thence S 82 W 30 poles to a stake in Mrs Beard’s ? line: Thence S 21 1/2 poles to her S.E. corner; Thence S 50 W 58 poles to a stake; Thence S 30 E 154 poles to the beginning, being the same described in Exhibit A To complts bill, that there were no improvements on said land, that the Timber on it was very scarce, not sufficient to keep the place in repair; That the shape of the land is very bad, that it is an isolated tract Not susceptible of improvement. And it also appearing to the Court that on the 27h day of Jan’y 1867, the Complt Durrett and his sd wife the said Sally A. Durrett sold and conveyed by deed which is filed as Exhibit A to Complt bill. The said land of 164 acres of land to the Complt G Fuqua for the Consideration of Six thousand dollars ($6000), and that said deed was signed by them, but that the privy Examination of the said Sally A. was never taken to said deed. That the Complt J.G. Fuqua at the date of said deed executed to the Complt D.L. Durrett, his note for the purchase money on said land, that the same is not all paid yet that the said Sally A is dead, and that she left the Deft Minnie L. Durrett as her only child who is a minor.
And it further appearing to the Court from Exhibit B to Complt Bill that on the 4th day of July 1867, the Complt D.L. Durrett purchased from David Henry, A tract of two hundred and fifty (250) acres of land, lying in District No. 10 of Robertson County, Tennessee, bounded as follows:
Beginning at a Spring on the North bank of Beaver Dam Creek; Thence with the meanders of said Creek Eastwardly to the lands of Edward Stone South west corner in F.R. Durrett line; Thence N with Stone’s line, 58 poles to a rock, Stone’s corner; Thence East with Stone’s line 23 poles to a rock, Stone’s corner; Thence N. with Stone’s line 156 poles to a rock, Stone’s NW corner in David Jone’s line; Thence N with Jone’s line 143 ¼ poles to a rock, Jones SW corner and the NE corner of the said David Henry’s old farm of 640 acres; Thence N 73 poles with Jones line to a rock in David Henry’s line; Thence W with David Henry & G. Barber’s line to a rock said David Henry’s NE corner; Thence N 34 poles to a rock in the road leading from Cross Plains to Springfield; Thence W 15 poles to a rock; Thence S 103 poles to a rock; Thence S 80 W 23 poles to a white oak; Thence with the meanders of the said David Henry’s Spring Branch to Beaver Dam Creek; Thence Eastwardly with the meanders of the said creek to F.R. Durrett’s line; Thence N 28 poles to a white oak; Thence S 23 E to a rock, Durrett’s NE corner; Thence South with Durrett line to Beaver Dam Creek; Thence Eastwardly with the various meanders of said Creek to the beginning. And that said land has been partly paid for with the money received from Complt Fuqua for the 164 acre tract. And it appearing further to the satisfaction of the court that the price paid and agreed to be paid by Complt Fuqua to Complt D.L. Durrett and his wife Sally A. was a full and fair price for the said 164 acre tract, and that the price paid and agreed to be paid by Complt D.L. Durrett to the said David Henry for the said 250 acres tract was ____ price and that the exchange was a prudent and judicious one on the part of Complt Durrett, and that the same is for the best interest of the minor Deft Minnie L. Durrett.
And it appearing to the court that the Complt D.L. Durrett as the husband of the said Sally A. was tenant of the county and therefore Entitled to a life Estate in the said 164 acre tract of land and the Deed or Exhibit B from the said David Henry to the Complt Durrett is Absolute on its face, and conveys to him the title in fee simple when in reality he is only entitled to a life estate therein, as tenant by the County, as he was in the said tract of 164 acres; and that the title To said 250 acre tract should be divested out of Complt Daniel L. Durrett And vested in his minor Child the Deft Minnie L. Durret subject Only to the life estate of the Complt D.L. Durrett. And the Court being of opinion that that the Exchange is a Judicious one and ought to be confirmed and ratified; And it appearing to the court that the Complt D.L. Durrett & wife sold the 164 acre tract, on time without interest, And purchased the 250 acre tract for $5000.00 on time with interest, which was less than the price he received for the 164 acre tract, And that he does not get possession of the 250 acre tract until Janry 1868; And the Court being of opinion that as the one tract was sold on time without interest, and the other purchased for part cash and the balance with interest from date; And as the Complt Durrett does not get Possession for the present year; and as he will have all the costs of this proceeding, including the Attys fees, to pay; and inasmuch as the Court is satisfied from the proof that the 250 acre tract is really more valuable than the 164 acre tract, and that the Deft really benefited By the Exchange; It is therefore ordered, adjudged and decreed by the Court, that said exchange be ratified and confirmed; and that the title to the 164 acre tract of land hereinafter described, be divided out of the Complt D.L. Durrett, and vested in the Deft Minnie L. Durrett, her heirs and assigns forever, except that the Complt D.L. Durrett is to have and retain, by virtue of his marital rights, A life estate therein as Tenant by the County, the same interest that he had in the 164 acre tract of land. It is further ordered And decreed by the Court that the Com furnish the benefits with certified transcript of this decree for registration.
State of Tennessee Robertson County
Office Com of Chancery Court
I W.B. Lowe, Com of said Court Certify that the foregoing is a true and perfect transcript from the records of said Court, Now on file in my office in Order Book No.3, pages 165-8.
Given under my hand July 13th 1871.
W.B. Lowe Com, Robertson Chancery Court
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