WEAKLEY COUNTY CHANCERY COURT RECORD – VOLUME D PAGES 32 – 51
JANUARY 1859 – AUGUST 1867
Transcription of Page 32
Chancery Court Records
Weakley County, Tennessee
In the Chancery court at Dresden for Weakley County state of Tennessee
Ý
Enrollment of the cause to wit:
John F.FARMER & wife, Francis T. WILLIAMS & wife, Martha B. HIGGS
vs.
William MARTIN, Thomas GLASS & Wife, David NOWLIN & wife, James ADAMS & wife, John E. VINCENT
Bill in this cause filed 30 June 1857 as follows to wit:
To His Honor Isaac B. WILLIAMS Chancellor of Western Division of Tennessee
presiding at Dresden:
The Bill of complaint of John F. FARMER & wife Elizabeth E. formerly
Elizabeth E. MARTIN, Francis T. WILLIAMS & wife, David NOWLIN & wife Mary C.
formerly Mary C.MARTIN, & Martha B. HIGGS formerly Martha B. MARTIN all
citizens of Weakley County, Tenn.
The Bill of complaint of John F. FARMER & wife Elizabeth E.formerly Elizabeth E. MARTIN, Francis T. WILLIAMS & wife David NOWLIN & wife Mary C. formerly Mary C.MARTIN, & Martha B. HIGGS formerly Martha B.MARTIN all citizens of Weakley County, Tenn. against William MARTIN, Thomas GLASS & wife Malinda formerly Malinda MARTIN, David NOWLIN & wife Caroline formerly Caroline MARTIN, James ADAMS & wife Susan L. formerly Susan L. MARTIN, and John E. VINCENT, all citizens of said County & State. Complainants state that Thomas MARTIN died in Weakley County, Tenn. on the 26th day of November 1854 after having made his last will and testament leaving complainants and defendants except John E. VINCENT his legatees, heirs & distributies. That said will was admitted to probate in the county court of Weakley County at the December term 1854 and a copy of the same is herewith filed marked Exhibit A & made a part of this Bill. That the said Thomas died, left a widow Drucilla who on the 4th day of November 1856 died intestate in said County of Weakley. That the said Thomas MARTIN died the owner in fee of about 1650 acres of land lying in said County of Weakley for a particular description of which reference is had to Exhibit No. 1 – 2 – 3 – & 4 herewith filed & made a part of this Bill. Complainants charge that no legal finding division of said land has ever been made between the legatees of said Thomas, according to his said will. They state that a petition was filed with the County Court of Weakley County at its’ February term 1855, in the names of complainants & defendants & said Drucilla, except John E. VINCENTt praying for a division of the said Land among them as the legatees & heirs of said Thomas dec. That upon the hearing of said Petition said court appointed Alfred GARDNER, Beverly J. MILNER, John E. VINCENT and Jepetha TERRELL commissioners to divide said Land as prayed for in said Petition which they accordingly attempted to do; after surveying one tract containing about 640 acres, but failing to survey several other tracts, all of which adjoin each other & contain about 1000 acres; supposing that they could associate the correct number of acres from the title papers.
Complainants further state that said commissioners assigned Lot No. 1 as containing 194 acres to defendant Susan L. ADAMS which said lot has since by actual survey been found to contain more than sixty acres over the quantity at which was estimated by said commissioners: that said fact was not ascertained by complainants until after said commissioners had made their report to said county court and the same had been confirmed final decree rendered by said court in the premises.
Complainants charge that said excess in said Lot No. 1 is worth at least $400.11. They further state that said commissioners valued the share of each heir in said land at $1402.67, and that they assigned to complainant Martha B. HIGGS Lot No. 4 containing only 115 acres valued at $690.00 and that they assigned to defendant Malinda GLASS Lot No. 3 containing 278 acres valued at $2224 directed the said Malinda to pay said Martha B. $712.67 to make her share equal. That they directed others receiving the most valuable lots to pay those receiving the less valuable a sum sufficient to make them equal. That they set apart to said Drucilla, deceased, 162 1/2 acres as her share, out of said 1000 acres; and said 162 1/2 acres was not included in the said division made by said commissioners among the other legatees of said Thomas, deceased.
Complainants charge that said commissioners did not make a division of said land as nearly equal as could have been divided, & that great injustice was done Martha B. HIGGS. That said commissioners did not report that equal partition could not be made without injury to the parties, and that they had made partition as nearly equal as they could, so as to authorize said county court to decree, as was done, that those receiving the most valuable lots should pay to those receiving the less valuable a sum sufficient to make them equal; and they insist that said decree and said attempted division is in that account totally void.
Complainants further state that after the rendition of the final decree by said county review in said case, Defendants, James ADAMS & wife Susan L. to whom Lot No. 1, was assigned, as aforesaid, sold & conveyed the same to John E. VINCENT. They charge that said Vincent was one of the said commissioners and had notice of the above named facts and charges before he paid for or received a deed for said Lot No. 1 & before the trade for the same was closed. That said VINCENT has since sold a part of said Lot No. 1 to defendant David NOWLIN. They charge that said NOWLIN had notice also of all the before mentioned facts & charges before said sale to him was made. Complainants further state that on the __ day of October 1855, they filed in the said County Court of Weakley County a Bill of Review, setting forth the foregoing facts & charges & praying that said division be set aside and that said land be redivided. That said County Court made a decree granting the prayer of said Bill of Review & ordering a re-division. Whereupon respondents appealed to the Circuit Court, which said Circuit Court affirmed the decree of said County Court ordering a re-division. Respondents then appealed to the Supreme Court which at the April Term 1857 at Jackson dismissed said Bill of Review & recessed the Decree of the said County & Circuit Court, but without prejudice. When this found that said County Circuit had no jurisdiction to entertain a Bill of Review, or to correct its proceedings after confirmation of the Report .
The premise is considered, complainants pray, that the previous named as Defendants in the first part of this Bill be made such with a fit & proper words to charge them. That commissioners be appointed to divide said land, including the 162 1/2 acres which was set apart to said Drucilla MARTIN (deceased). Among complainants & defendants who are the legatees & heirs of said Thomas MARTIN (deceased). That said defendants be compelled to make true & perfect answers to all the allegations and charges in this Bill and that such other and further relief as the nature of their case entitles them to be granted. Let copies & subpoenas issue etc. etc.
ROGERS & SOMERS
Attorneys for Complainants
Exhibit A in said Bill is in the words and figures following: to wit:
Know all men by these present that I, Thomas MARTIN, planter of the county of Weakley and State of Tennessee, being of sound disposing mind and memory do make and publish this my last will and testament.
First, I give and bequeath to my beloved wife, Drucilla MARTIN, during her life the following property, Negro woman, Edith, and her three children and increase, also the residence on which I now reside, with as much ground as she may want for her farming purpose, also household and kitchen furniture, stock, farming tools, etc.
Second, after the foregoing bequest, my will and desire is that, all my lands, Negroes, money and proceeds of perishable property be equally divided between my wife, Drucilla, Elizabeth FARMER, William MARTIN, Mary C. WILLIAMS, Caroline NOWLIN, Martha HIGGS, Susan ADAMS and Malinda GLASS.
Third, as to the Negroes which each one of my daughters may draw in the above mentioned division, I bequeath each ones portion to her and the heirs of her body during her life, free from the control of her husband.
Fourth, having made advances to all my above named children when they married, some in land, others Negroes and money, my desire in order to make an equal distribution is that at the division, each child shall make out an inventory of the property received, when received, how much and value when received, except a small Negro girl named Jenny which I gave to Martha WILLIAMS, daughter of Mary C. WILLIAMS, said Negro shall not be accounted for by said Mary.
Fifth, at the death of my beloved wife, Drucilla, my will is that all of her property shall be equally divided between my above named children, Elizabeth, William, Mary C., Caroline, Martha, Susan and Malinda.
Sixth, I ordain and appoint my son, William MARTIN, and my son-in-law, James ADAMS, as my executors of this my last will and testament. They shall receive for their trouble fifty dollars each and no commission.
In testimony, whereof I have hereunto set my hand and seal and publish and declare this my last will and testament in the presence of John E. VINCENT and John M. VINCENT. This the 22nd day of November AD. 1854.
Witness Signed X Thomas MARTIN
John E. VINCENT/John M. VINCENT
State of Tennessee December Term 1854
Weakley County
This day was presented in open court the foregoing paper writing purporting to be the last will and testament of Thomas MARTIN (deceased), and said paper writing was established as the last will and testament of Thomas MARTIN (deceased) by the court and ordered the same to be recorded and filed: witness E. J. LOONEY Clerk said Court of Office in Dresden this the 1st Monday in December 1854.
E. J. LOONEY, Clerk
State of Tennessee E. J. LOONEY Clerk of the County Court of Weakley County do Weakley County here by certify that the foregoing is a true transcript copy of the last will and testament of Thomas MARTIN (deceased) as appears of record in my office: given under my hand at office on the 7th day of November AD. 1856.
E. J. LOONEY, Clerk
Exhibit No. 1 in said Bill is as follows to wit:
This indenture made this 23rd day of September AD. 1838 between William G. BOWERS of the County of Weakley and state of Tennessee of the one part, and Thomas MARTIN of the County and state of aforesaid of the other part, Witnesseth, that the said William G. BOWERS for and in consideration of the sum of Thirteen Hundred and Twenty Five dollars to him in hand paid by the said MARTIN. The receipt whereof is hereby acknowledged hath granted, bargained, sold, conveyed and confirmed, and by these present does grant, bargain, _______ and confirm unto the said MARTIN his heirs and assigns forever in fee simple.
One hundred and ninety six and three quarter acres of land lying in Weakley County in the 13th Surveyors District Range one and section seven and bounded as follows: To wit; Beginning on White Oak Edward HARRIS corner, on BURLEN’S line, running thence East on the said BURLEN’S line twenty eight poles to a white oak, his North East corner thence South with his line fourteen poles to a forked sweet gum, Tilman DICKSON’S North West corner. Thence East with his line eighty two poles to a stake, thence North seventy six and five tenths poles to a stake: Thence West one hundred and ten poles to a stake on Edward HARRIS’ line, thence South sixty two and five tenths poles to the Beginning. The above metes and bounds in dividing fifty acres more or less initially granted by the state of Tennessee to William WILLIAMS by Grant No. 696 bearing date the 26th day of July 1827:
Also, one hundred and forty six and three quarter acres entered in the name of Tilman DICKSON by Entry No. 2392 lying in the 13th Surveyor’s District in Range One and Section Seven: Beginning at the North East corner of an entry for 640 acres in the name of John EVANS North of entry 529 running thence North 109 poles, thence West, South, and East for complement: I have and to hold the aforesaid land with and singular the appurtenances, ____________ and improvements there unto belonging, or in any wise appertaining to the only proper use, benefit, and behalf of him the said MARTIN, his heirs and assigns forever. And the said William G. BOWERS for himself, his heirs, executors and administrators doth covenant and agree to and with the said Thomas MARTIN, his heirs and assigns forever, that he is assigned in fee of the above described land: That he has a right to convey the same and that it is free and clear from all former and other gifts, grants, or encumbrances whatsoever, done, or sufferance to be done by him, and that he wills by these present forever warrant and defend the title to the same against the lawful right, title, claim or interest of all and every person or persons whatsoever. In testimony whereof I have hereunto set my hand and affixed my seal, this the day and date first herein written. Signed, sealed and delivered in presence of us.
W. G. BOWERS
W. LANDRUM, James GELDS
State of Tennessee This day personally appeared before me Kenchen WILLIAMS clerk Weakley Countyof the County Court of said County of Weakley. W. G. BOWERS the signer with whom I am personally acquainted: he acknowledged that he executed the written deed for purposes thence contained. Witness my hand at office this 23rd day of October 1838.
K. WILLIAMS, Clerk
State of Tennessee Registers Office October 23, 1838
Weakley CountyThis was the written deed with the clerk’s certificate duly registered in my office in Book D pages 699 & 700.
The following is Exhibit No. 2 to wit:
State of Tennessee W. W. GLEESON of the county and state aforesaid have this day Weakley County bargained and sold and do hereby transfer and convey to Thomas MARTIN of the county and state aforesaid and his heirs forever for the consideration of seven hundred and eighteen dollars to me in hand paid a tract of land in said county and state in the 13th Surveyors District Range One and Section Seven Grant No. 21502 containing by survey three hundred and fifty nine acres and bounded as follows:
Beginning at the South West corner of entry 639 in the name of Telivan DICKSON. Turning North with his line and passing his corner one hundred and twenty four poles to a post oak: Thence West three hundred and fifteen and four tenths poles to an Elm and Dogwood: Thence South two hundred and eighty four poles to a post oak: Thence East one hundred and fifteen and four tenths poles to John MURRY’S South West corner: Thence North 160 poles to said MURRY’S South West corner: Thence East passing his North East corner in all 200 poles to the Beginning: To have and to hold the same to the said Thomas MARTIN his heirs and assigns forever. I do covenant with the said Thomas Martin that I am lawfully seized of said land, have a right to convey it, and that the same is unencumbered. I do further covenant and bind myself, my heirs and representatives to warrant and forever defer the title to the same and even part thereof to the said Thomas MARTIN against the lawful claims of all persons whatsoever. In witness my hand and seal the 7th day of June 1845 in presence of Samuel IRVINE, J.ÝF. FARMER.
W. W. GLEESON
State of Tennessee This day personally appeared before me Tom H. ETHERIDGE Weakley County clerk of the County Court of said County. W. W. GLEESON the bargainer in the foregoing deed with whom I am personally acquainted, who acknowledged before me that he executed the foregoing deed in the day it bears date fore the purposes therein mentioned: Given under my hand at office this the 7th day of June 1845.
Tom H. ETHERIDGE clerk
Clerks fees 25¢ paid.
State of Tennessee Registers Office June 11th/45 at 10 o’clock P.M.
Weakley County Then was the within Deed and Clks certificate duly registered in my office in Book G page 191.
Wm. LANDRUM
Exhibit No. 3 in said Bill is as follows to wit:
The State of Tennessee No. 7794: To all to whom these present shall come, Greeting: Know ye that for and in consideration of the sum of the fees of office, paid into the office of the tax taker of Weakley County, and entered in the 16th day of March 1849. Pursuant to the provisions of an act of the General Assembly of said state passed 2nd day of November 1847 by No 556. Here is granted by the said state of Tennessee unto Thomas MARTIN a certain tract or parcel of land containing two hundred three & 3/4 acres by survey bearing date the 17th day of March 1849 lying in said county, range one, & section 7 on the waters of Little Mud Creek West of the Meridian Line. Beginning at a Black Gum on the bank of said creek 50 poles South of J. Vincent’s, A. W. CORNES & Willis CORKS S.E. corner: Then West 225 poles with E. Cook’s South boundary line to a post oak, black gum & black oak pointers: Then South 325 poles to a white oak, 2 black gum & poplar trees: Then East 28 poles to a post oak Butler N.E. corner: Then South 14 poles to a stake: Then East 13 poles to John VINCENT’S S.W. corner, on the East bank of Little Mud Creek: Then up said Creek with its meanders North West & North East with said VINCENT’S Line to the Beginning including & excluding 50 acres saved by warrant with the hereditaments and appurtenances. To have and to hold the said tract or parcel of land, with its appurtenances to the said Thomas MARTIN and his heirs forever: In witness where of N. L. BROWN Governor of the state of Tennessee hath here unto set his hand and caused the great seal of the state to be offered at Nashville on the 1st day of May in the year of our Lord one thousand eight hundred and 49 and of the Independence of the United States the 73rd: by the Governor
N. L. BROWN
W. B. A. RAMSEY: Secretary of State
Recorded in Registers Office at Jackson in Vol. 10 A. P. Greene, R.W.D., Jn FIDDALl. Exhibit No. 4 in said Bill is in these words and figures following to wit. I have this day sold to Thomas MARTIN of the County of Weakley & State of Tennessee and do hereby alien and convey unto the said MARTIN for the consideration of nineteen hundred and twenty dollars to me paid by him, a certain tract or piece of land situated lying and being in Weakley County State of Tennessee in Range two, district seven & eight, being and Entry No 274, and Granted to J.H. MCGUIRE by Grant No. 17283, and bound as follows. Beginning at a red oak forty poles North of Thomas G. POLK’S South East corner of his 2000 acre entry, running thence North with said POLK’s line three hundred and twenty (320) poles to a Hickory and Elm on the South bank of Cane Creek. Thence East three hundred and twenty (320) poles to a stake with a small black Oak and Hickory pointers. Thence South three hundred twenty poles to a stake with Oak and Poplar pointers. Thence West three hundred and twenty poles to the Beginning. To have and to hold the said land and bargained premises with all singular the appurtenances and improvements thereunto belonging or in anywise appertaining to the only proper use benefit and behoof of him the said Thomas MARTIN this being forever. And the said Alfred GARDNER for his heirs and assigns, administrators & doth covenant and agree to and with the said Thomas MARTIN, his heirs and assigns forever, that he is seized in fee simple of said land, that he has a right to convey the same, and that it is free from all forms or other gifts, grants or encumbrances whatsoever. That the said Martin and his heirs shall greatly enjoy the same, and that he the said Alfred GARDNER will for himself and his heirs agree to warrant and defend the title to the said Land and bargained premises to him the said MARTIN and his heirs forever, against the lawful claim or claims of all persons or persons whatsoever. In testimony whereof I have hereunto set my hand and affixed my seal the 31st day of January 1845.
Alfred GARDNER
W. W. KNOX: J. H. DODDS
State of Tennessee This day personally appeared before me Tom H. ETHERIDGE
Weakley County Clerk of the County Court of said county Alfred GARDNER.
The bargainer in the above and within Deed, with whom I am personally acquainted, who acknowledged before me that he executed the above and within Deed on the day it bears date for the purposes therein mentioned. Given under my hand at office this 31st day of January 1845.
Clerk’s fee 25¢ paid Tom H. ETHERIDGE Clerk
State of Tennessee
Weakley County Registers off January 31st 1845 at 11 o’clock A.M.
Then was the within Deed and clerks certificate duly registered in my office in Book G pages 101 & 102.
Wm LANDRIN Rgr
The following is the Prosecution Bond in this cause to wit:
State of Tennessee: Know all men by these present that we John F. FARMER & wife, Francis T. WILLIAMS & wife, and Martha B. HIGGS are held and firmly bound wits. William MARTIN, Thomas GLASS & wife, David NOWLIN & wife, James ADAMS & wife and John E. VINCENT in the final sum of three hundred dollars for the payment whereof ____ and truly to be made we bind ourselves, our heirs. Executors, administrators, & jointly, severalty and firmly by these present. Sealed with our seals and dated this the thirteenth day of June 1857. The condition of the above obligation is such that whereas, the above bind FARMER & wife, WILLIAMS & wife, & Martha B. HIGGS, have this day file their Bill of Complaint in the Chancery Court at Dresden against the said MARTIN, GLASS & wife, NOWLIN & wife, ADAMS & wife and VINCENT. Whereas among other things they have prayed for writs of subpoena __. Now if the said FARMER & wife, WILLIAMS & wife, Martha B. HIGGS shall well and truly prosecute the said suit by Bill as aforesaid with effect, or in case of failure therein shall pay all such costs as may accrue in consequence thereof, and in all things abide by and perform such decree as said court shall render in the premises against them. Then their obligation to be void, otherwise to remain in full force and virtue.
F. F. WILLIAMS (seal), A. MALONE (seal), Geo. R. BRASFIELD (seal)
The following Subpoena to Answer issued in this cause to wit:
State of Tennessee: To the Sheriff of Weakley County Greetings: We command you to summons William MARTIN, Thomas GLASS & wife Malinda, David NOWLIN & wife Caroline, James ADAMS & wife Susan L., and John E. VINCENT if to be found in your county to appear before the Judge of our Chancery Court at Dresden in the state aforesaid, at the Court house in Dresden on the 2nd Monday in July next. Then and there to answer to certain matters charged against them in the original Bill Exhibited in our said court by John F. FARMER & wife & others. And to do further and receive whatever our said court shall consider and decree in this behalf. And this they shall in no wise omit under the penalty prescribed by law. Herein failnot and have you then and there this writ. Witness William F. HAMPTON clerk and master of our said court at office this 2nd Monday in January AD 1857 and of the Independence of the United States the 8th year.
W. F. HAMPTON
_______, to wit, issued 8th July 1857. W. F. HAMPTON. _________ to hand and executed on David NOWLIN & wife Caroline, James ADAMS & wife Susan L. issued 8th of July 1857; on Thomas GLASS and his wife Malinda issued 8th day of July 1857; on John E. VINCENT Issued the 7th of July 1857; J. G. MOORE officer, I delivered to David NOWLIN A copy of the Bill this 8th July 1857. J. G. MOORE, officer.
The following answer was filed on this cause the 13th day of September 1857 to wit: The joint answer of William MARTIN, Thomas GLASS & wife Malinda, David NOWLIN & wife Caroline, James ADAMS & wife Susan, to this Bill of complaint filed against them & John E. VINCENT, in the Chancery Court of Dresden by John F. FARMER & wife Elizabeth; Francis T. WILLIAMS & wife Mary C. and Martha B. HIGGS.
These respondents now and at all times saying and answering to themselves all manner of benefits of exception to the manifold erring imperfections, uncertainties & untruths in said Bill contained for answer thereto. In so much thereof is they are advised is material for them to make answer unto, answering says that it is true as stated in the Bill that Thomas MARTIN died in Weakley County on the 24th of Nov 1854 leaving complainants & defendants as his only legal heirs at law, except the said John E. VINCENT. Respondents also state that said Thomas left a paper writing purporting to be his last will & testament which was admitted to probate at the time, in the court, and in the manner indicated in the Bill, and doubts not that the copy exhibited in the Bill is a copy of the same. Respondents also admit that said Thomas left a widow, the said Drucilla who on the 4th of November 1856, died intestate in said county of Weakley as stated in the Bill. Respondents also admit that said Thomas died the owner of about 1650 acres of land lying ________ in Weakley County and presumes the same is property set out in Exhibits in the Bill under the characters of Exhibits Nos. 1, 2, 3, 4, in the Bill. But the respondents positively deny that no legal or binding division of said Land has ever been made between the legatees of said Thomas MARTIN, deceased. But further changes the facts to be that said Lands, all of them, have been properly, legally & fairly divided between the legatees of said Thomas MARTIN deceased. Respondents state that Petition was filed in the County Court of Weakley County Tennessee at its Feb Term 1855, in the names of Complainants & said Defendants in this suit, except the said John E. VINCENT, together with the said Drucilla, widow of the said Thomas MARTIN praying for a division of said Land as left by said Thomas said Petition was granted by said Court; and said Court thereupon appointed Alfred GARDNER, Beverly J. MILLNER, John E. VINCENT & Jepetha TERRELL as commissioners to divide said Land as prayed for in said Petition, which they accordingly did, according to Law and in obedience to the order of said Court, said commissioners returned unto Court their Report of the same which is herewith filed in the character of Exhibit No. 1 & made a part of this answer. Respondents state that according to said Report imparted justice was meted out to all reaches of the legatees of said Thomas MARTIN & that not only the Complainants, but the Dependents were apprised of the fact that the Lot of Land assigned to Susan ADAMS contained more than 194 acres, but how much no one knew until re surveyed, but that the said Lot was valued and estimated at the price in said Report by said commissioners as reported by them being the price so fixed upon by said commissioners, adding in the over-plus in the same believing that the same was estimated at its fair value and so returned by them. Respondents further answer say that the commissioner did divide said Land & made report of the same as will appear reference being had to the papers filed herein to wit. Said report – they believe that the tract of 640 acres was surveyed by said commissioner as it was into _________. No other tract was fully surveyed but was estimated at the quarterly called for with Grants or Deeds found among the papers of said Thomas MARTIN deceased. Respondents further state that Lot No 1 estimated as containing 194 acres of land was assigned to Respondent James ADAMS & wife Susan L. valued at about $1067.00. They further admit that said tract of Land has since been surveyed by W. R. ROSS who reports it to contain 258 but this survey was made long after the said commissioners report had been made and said report without exception had been confirmed by the Court. Respondents insist that the complainants had full knowledge of the manner in which said Land had been divided by said commissioners. Respondents further answering says that they believe the interest of each heir was set down at 1402.67 & that the lots together with the estimated value of each is correctly set forth in the Bill. Respondents do not admit that the Land was estimated less than the actual value. They believe and presume that the commissioners acted honestly & fairly in valuing the Land. Respondents insist that all of the complainants were present when said Lands were valued, had full knowledge as to how the Land had been valued before said report was confirmed. Respondents insist that said Land was divided in the only legal & best possible way it could without injury to the whole, and they insist that if complainants were not satisfied with said division it was their duty to file exceptions to said Report – and they are advised that they failing to file exceptions to said report they were guilty of negligence upon their part of which they could not afterwards complain. Respondents further answering says that they believe that said commissioners acting as they did under oath, made a fair equal & just distribution of said Lands between said legatees of said Thomas MARTIN and that instead of the Decree rendered by the County Court in the premises being void, it is good legal and binding, ought so to be considered by the Court. Respondents Adams & wife state that they did sell to John E. VINCENT the Lot of Land so allotted to them, & executed to said VINCENT a Deed for the same. Respondents also state that all of the complainants & defts. __ ______, the said John F. FARMER, F. T. WILLIAMS, David NOWLIN, Thos. GLASS, William MARTIN, & James ADAMS were with the commissioners when said Lands were being run out. Estimated & valued, more or less of the turn & seemingly by all expressed entire satisfaction as to what was done in this regard. Respondents also admit that said VINCENT has sold a portion of the Land purchased by him of Respondent James ADAMS & wife to David NOWLIN. Respondent NOWLIN admits that he together with the complainants the co-defts. was aware of the fact that there was an over/less in the Lot so assigned by ADAMS & wife, by them to said VINCENT. Said NOWLIN admits he has purchased of said VINCENT a portion of the Land purchased of ADAMS & wife, but the total amount no one knew until after being surveyed. Respondents further answering state that all the steps that has been & was taken in this cause in the County Court were regular & valid and insist that said Division was legal, valid & binding, thereby ask the Court to consider the same as so having fully answered prays to be never released with the reasonable costs , and furthermore pray that said complainants Bill be disapproved.
Carowell & Roulstow, solicitors for D________
State of Tennessee On this the 12th day of September 1857, personally appear
Weakley County before W. F. HAMPTON, clerk master of the Chancery Court at Dresden. James ADAMS who made oath in due form of Law before me. That the parts & things stated set forth in the foregoing answer are true to the best of his knowledge, recollection, _________ & belief. Sworn to & subscribed before me on the day & date above.
W. F. HAMPTON James ADAMS
The following is Exhibit No. 1 in the foregoing Answer: To wit:
We the undersigned commissioners appointed by the Tennessee County Court of Weakley County at the February term 1855 to set apart and ____ off Dower to Mrs. Drucilla MARTIN. Agreeable to the provisions of the will and to divide the balance of the Lands belonging to the estate of Thomas MARTIN deceased, between the entitled to the same, by Courts report that after being sworn, we proceeded to examine the Real Estate belonging to said Thomas MARTIN and allotted to Mrs. Drucilla Martin, widow of said Thos. MARTIN 162 acres. more or less, which is bounded as follows: Beginning on the double sweet gum, the N.W. corner of an entry in the name of Tilman DICKSON _____ thence W 76 poles to a stake to a stake in the public road, thence East 88 poles to a cherry tree on the bank of a creek with sassafras, hickory and dogwood pointer, thence South & S.E. with the meandering of said creek to the North boundary line of said DICKSON entry, thence East to its North East corner, thence South 109 poles to its S.E. corner, and then N.E. corner of A. GARDNER’S 640 acres,thence West with the same 165 poles to a stake with white oak & poplar pointers, thence North 109 poles to a stake, standing one pole West and half pole North of the S.W. corner of a granary, thence West 50 poles to the Beginning. The remainder of the Land was divided, valued and allotted as follows:
Lot No. 1 containing 194 acres and valued at 1067 dollars and is bounded as follows: Beginning at a Black Gum on the bank of a creek 50 poles South J. VINCENT’S NW corner, Willis COOK’S SE corner, running West 225 poles with said COOK’S South boundary line to a post oak, black gum, & black oak pointer. Thence South 263 poles to a stake standing 28 poles West of the pointers allotted to Mrs. MARTIN. Thence East passing her NW corner in all 138 poles to a cherry tree on the bank of a creek, thence N & NE with the meanders of said creek to the Beginning, allotted to Mrs. Susan ADAMS.
Lot No. 2 containing 218 acres and valued at 1417 dollars, called the HIGGS land & bounded as follows. Beginning at a stake with black oak pointers, the SW corner of Entry No 767 in the name of Edward HARRIS, running North 133 poles to a stake with black and white oak pointers, thence East 255 poles to a stake with black and post oak pointers. Thence South 71 poles to a stake, the SW corner of Lot No. 1. Thence East 28 poles to a stake, Mrs. MARTIN’S NW corner. Thence South 62 poles to a stake. Thence West 283 poles to the Beginning; allotted to William MARTIN.
Lot No. 3 containing 278 acres, valued at 2224 dollars, called the BUTLER Tract and bounded as follows: Beginning on an elm the SW corner of a 354 acre tract, purchased by the Martins of W. W. GLEESON _____ South 124 poles to a stake near a Branch the NW corner of Lot No. 4. Thence East passing Jepthah TERRELL’S NW corner at 115 poles with his North boundary line and A. Gardner’s 365 poles to a stake with white oak and poplar pointers Mrs. MARTIN’S corner. Thence North 109 poles to a stake her corner near the granary. Thence West 50 poles to a double sweet gum. Thence North 14 poles to a stake, thence West 315 poles to the Beginning allotted to Mrs. Malinda GLASS.
Lot No. 4 containing 115 acres valued at 690 dollars, being the South half of the Tract purchased of W. W. GLEESON and bounded as follows: Beginning at a stake the NW corner of the locators lot now owned by Jepthah TERRELL runs West 115 poles to a stake near a small branch with pointers. Thence South with the West boundary of the original tract 160 poles to the SW corner of the same a post oak. Thence East 115 poles to Terrell’s SW corner. Thence North 160 poles to the Beginning allotted to Mrs. Martha B. HIGGS.
Lot No. 5 containing 213 1/3 acres and valued at 1491 dollars, being the North part of a 640 acre tract bought of A GARDNER and bounded as follows: Beginning at a Hickory & Elm on the bank of Cane Creek, the NW corner of said tract runes East 320 poles to a stake with black oak and hickory pointers. Thence South 106 1/3 poles to a stake with poplar oak and walnut pointers, thence West 320 poles to a stake white oak and poplar pointers, thence North 106 1/3 poles to the Beginning, allotted to Mrs. Elizabeth FARMER.
Lot No. 6 containing 213 2/3 acres valued at 1597.50/100 Dollars being the SW corner of a 640 acre tract purchased of A GARDNER and bounded as follows: Beginning at a red oak the SW corner of said tract, runs North 213 2/3 poles to a stake, the SW corner of Lot No. 5, thence East 160 poles to a stake with poplar, hickory, & oak pointers, thence South 213 2/3 poles to a stake in the South boundary line of the original tract with oak and hickory pointers, thence West 160 poles to the Beginning allotted to Mrs. Mary C. WILLIAMS.
Lot No. 7 containing 213 2/3 acres valued at 1332 25/100 dollars being SE corner of 640 acres purchased of A. GARDNER , Beginning at a stake with poplar & oak pointers, thence SE corner of the original tract, runs North 213 2/3 to a stake poplar, white oak and walnut pointers the SE corner of Lot No. 5. Thence West 160 poles to a stake poplar, hickory and white oak pointers the NE corner of Lot No. 6, thence South 213 2/3 poles to a stake hickory & oak pointers the SE corner of Lot 6, thence East 160 poles to the Beginning, allotted to Mrs. Caroline NOWLIN.
Your commissioners beg to further report that they find the whole value of said Land to amount to the sum of $9818.75: that each of said Devisees are entitled to one seventh of said sum, which makes each share or portion worth the sum of $1402.67. We find the Lot No. 1 drawn by Susan ADAMS Lacks the sum of three hundred and thirty five dollars and sixty seven cents of being equal in value. We therefore direct that Mary C. WILLIAMS pay to said Susan ADAMS one hundred ninety four dollars & eighty three cents being the excess of her Lot over & above the sum of $1402.67: and that Elizabeth FARMER pay her the sum of eighty eight 33/100 dollars, being the amount of excess of her lot over and above $1402.67. And that William MARTIN pay to said Susan ADAMS the sum of fourteen dollars & thirty three cents being the excess of the Lot drawn by him over and above the $1402.67, and that Malinda GLASS pay her the sum of $38.18 making in all the sum of $335.67 which added to the value of her Lot valued at $1067 makes the sum of $1402.67. We find that the Lot drawn by Malinda GLASS has an excess value of $821.31 of which sum we have directed her to pay to Susan ADAMS $38.18, and we hereby direct that the said Malinda GLASS pay to Caroline NOWLIN $70.40 to make up the deficiency of the valuation of her Lot, and that the said Malinda GLASS pay to Martha B. HIGGS The sum of $712.67 to make her Lot equal in value & all of which is respectfully submitted.
Alfred GARDNER, B. J. MILNER, John E. VINCENT, Jepthah TERRELL.
The following answer was also filed in this cause the 12th September 1857, to wit: The separate answer of John E. VINCENT to the Bill of complaint of John F. FARMER & wife, F. T. WILLIAMS & wife, & Martha HIGGS against Respondents and James ADAMS & wife, Thomas Glass & wife, David Nowlin & wife, & William MARTIN filed in the Chancery Court of Dresden, Tennessee, Respondents bring before answer to said Bill, or so much where of as he is advised is material for him to make answer to says; That it is true that he was over of the commissioners to divide the Land belonging to the Estate of Thomas MARTIN deceased. He says that they did not survey any tract of Land when the whole tract was set apart in a separate Lot, but estimated the same at the quantity called for in the original Deed. Grants – Respondent further answering says that on the 9th day of July 1855 James ADAMS & wife conveyed by Deed the Lot of Land that was assigned to them in the Division to this Respondent – Respondent states that at the time that he purchased of said ADAMS & wife that he bought the Land to be paid for by the acre and that when it was re surveyed, in place of being 194 acres, the surveyor reported that the tract contained 258 acres and he took a Deed for that amount. Respondent insists that the only knowledge that the commissioners had as to the quantity of Land in said Tract assigned to ADAMS & wife, was the grant fro the same. And you & Respondent was one of the chain carriers when the Land was surveyed by the County surveyor preparatory to getting a Grant, and from this sworn survey they made their estimate of quantity – Respondent admits that he guessed that the Land had a surplus at the time he received the Deed from ADAMS & wife, agreeable to a survey made by W. R. ROSS but his purchase was made after the confirmation of the Report and he fully believed them & still is confident in the belief that he made a fair purchase. And Respondent insists, as he is advised and believes, that if the parties were not satisfied with the manner of said Division that it was their duty to except to the confirmation of the Report; and he distinctly charges the fact to be that that John F. FARMER had full knowledge as he believe of how the Land had been divided as well as all of the complainants, before the Report was confirmed. Respondents further states that William MARTIN, James ADAMs, F. T. WILLIAMS said John FARMER David NOWLIN, & Thomas GLASS were with the commissioners during a part of the time they were dividing the Lands and affiant states that he believes that said Lands were divided in the most equitable and prudent manner. They could have been in order to meet out free justice to all concerned. Respondent states that he is an innocent purchaser for a _____, fair & valuable consideration & without notice. Respondent states that Thos. MARTIN died in Weakley County Tennessee at the time stated in the Bill, that he left the land as exhibited, and a paper writing purporting to be his last will & testament, which is also correctly stated in the Bill which said paper writing was admitted to probate as stated in the Bill, he also left the persons named in the Bill as his only legal heirs at Law, except your Respondent, as he is advised & believes, states also that the lands in his opinion have been legally and properly & equitably divided by the Court having legal & proper jurisdiction of the same, & that he doubts not but that said commissioners which are correctly stated in the Bill done their duty under the Law, and that the same is binding, legal & valid and right so to be considered by the Court. Respondent states that he admits that he has sold a portion of said Land to David NOWLIN – having fully answered your matter prays to be hence released with his reasonable costs & that said complainants Bill be dismissed.
CARDWELL & ROULSTON _______ for Defendant
State of Tennessee On this the 12th day of September 1857 personally appeared Weakley County before me, W. F. HAMPTON clerk & master of the Chancery Court at Dresden. John E.VINCENT who made oath in due form of Law that the matters & things stated in the foregoing answer are true to the best of his knowledge information, hearsay & belief, sworn to & subscribed, day & date above, before me.
W. F. HAMPTON
John E. VINCENT
Demurrer filed in this cause July 15th 1857: To wit:
John F. Farmer & wife et al.
Chancery Court July Term 1857.
Vs.These defendants by protestation not confessing or acknowledging all or any of the matters and things in the James ADAMS & wife et al. said complainants Bill contained to be true in such an annex and form as the basis are therein and thereby set forth and alleged do serve as to the said Bill, and for cause of demurrer show that the said complainants has not by their said Bill made such a case as entitles them in a court of Equity to any discovery from these defendants, or to any belief against them as to the matters contained in said Bill or any such matter, and that any discovery which can be made by these defendants, touching the matters complained of in the said Bill, or any of them, can not be of any avail to the said complainants for any of the purposes for which a discovery is sought against these Defendants by the said Bill. Nor entitles the said complainants to any relief in this court, touching any of these matters therein complained of: wherefore ____ diverse other good causes of Demurrer _____ hearing in this said Bill, these Defts. do demur and pray judgment of this Court whether they shall be compelled to in ____ further or other answer to this said Bill, and hereby pray to be hence dismissed with his reasonable costs in the behalf sustained.
CARDWELL & ROULSTON _______ for Defts.
At the July Term 1857 of said Chancery Court, 15th day of said month, the following Decree in this cause was rendered: To wit:
John F. FARMER & wife & others Be it remembered that in this day this cause comes Vs.up for argument the Demurrer filed herein: and after James ADAMS & wife & others argument had thereupon and the Court being fully advised as to the matters of Law arising thereon, the Court thinks fit to disallow the Demurrer filed herein: where upon it is ordered, adjudged and decreed by the Court that said Demurrer be disallowed: that said defendants answer over, and that they pay the costs of said Demurrer for which execution may issue.
The following is an agreement in this cause: To wit:
John F. FARMER & wife F. T. WILLIAMS & wife Bill for division of the Land of Thomas MARTIN dec:
In this case it is agreed that the proof taken in Martha B. HIGGS this case of a Bill of Review filed in the County Court Vs.of Weakley County by complainants Vs. defendants James ADAMS & wife may be read as evidence in this case. It is further Thomas GLASS & wife agreed that the parties to this suit, except John E. William MARTIN, John E. VINCENT are the only heirs and distributors of Drucilla MARTIN, Dec., the widow of Thomas MARTIN Dec.
ROGERS & SOMERS attys. for compl.
Cardwell & Roulston for Defts.
January Term 1858 of said Chancery the following Decree was made in the cause, To wit:
John F. FARMER & wife ,Martha B. HIGGS
Be it remembered that this cause came in to be heard F. T. WILLIAMS and was heard before the Hon. Isaac B. WILLIAM, chancellor, when Bills, Exhibits, answers and proof. When it appeared to the satisfaction of the Court, that Thomas MARTIN died purged of the land mentioned in the Bills, and described in the Exhibits leaving Drucilla, his widow, and that the persons named in the Bill as his heirs, are such, the Drucilla has since died and the same persons are her heirs, who are the heirs of said Thomas MARTIN, dec: That a petition was filed in the County Court of Weakley County Tenn. by said parties asking for a division of the said Land, as is stated in the Bill, and that the same was divided by order of said Court, as alleged – that the Lot set apart to Susan ADAMS by said division contains sixty four acres more that it was estimated at by the commissioners who made said division, that the said commissioner, and the decree of said County Court, or directed the payment of money to be made to equalize the lots of the Land, in value. That they failed to report that they had made division as nearly equal as possible they could, and that the said Land could not be equally divided equally among the owners, without injury to their interest – And the Court being of opinion, that complainants are intitled to the relief if prayed for. It is therefore ordered adjudged and decreed by the Court that the said proceedings of the said County Court in relation to the division of said Land, and they are hereby all set aside and for nothing held; that the final decree of said Court in said cause, and it is hereby annulled, set aside, and held fore naught: that William H MCLESKEY, George R. BRASFIELD, D. L. DEW, H.c. McCutchen, and A. F. MCLAIN, and they are hereby appointed commissioners to divide said Land mentioned in the pleading & described in the Exhibits, including the portion which was set apart as Dower, by the commissioner under the said proceedings of the said County Court, to the widow of said Thomas MARTIN dec. Drucilla, among Complainants and Defendants. That if they find exact partition cannot be made without injury to the interest of the said owner, that they divide the same as nearly equally as they can, and state the amount necessary to be paid so as to equalize the value of their shares – and that they report upon oath, their proceedings in this behalf to the next term of this Court – From which the Defendants pray an appeal to the next term of the supreme court to be held at Jackson on the 1st Monday in April next, which is granted upon condition of their giving bond and security for costs as required by Law, within thirty days.
The following is the appeal Bond given in this cause, to wit:
State of Tennessee: Know all men by these present that we William MARTIN, Thomas GLASS & wife Malinda, David NOWLIN & wife Caroline, and James ADAMS & wife Susan: are held and firmly bound unto John F. FARMER & wife Elizabeth E., Francis T. WILLIAMS & wife Mary C. WILLIAMS, and Martha B. HIGGS in the sum of three hundred dollars, for the payment whereof will and truly to be made, we bind ourselves and each of our heirs. Executor, administrators, _______ severally and firmly by these present, sealed with our seals and dated this the 11th day of February 1858: The condition of the above obligation, such that whereas at the January Term 1858, of the Chancery Court at Dresden, the above named obligees, John F. FARMER & wife and others obtained a decree against the aforesaid obligors, William MARTIN and others for a redivision of the Real Estate of one Thomas MARTIN, deceased, late of Weakley County: from whom the name descended to the parties above named: from which decree the William MARTIN and others, obligors aforenamed have prayed an appeal. The next April Term 1858 of the Supreme Court of Tennessee to be held at Jackson, in said state: Now, therefore, of the said William MARTIN and others, the obligors above named shall, will and truly prosecute their said appeal with effect, or in case of failure therein, shall and discharge all such costs as said Supreme Court may decree against them in the premises, and stand to, abide by, and in all things perform such decree as said Supreme Court may order against them in the premises, then this obligation to be null and void, otherwise to remain in full force and virtue.
James ADAMS (seal) by M. D. CARDWELL, Thos GLASS (seal) by M. D. CARDWELL
Wm MARTIN (seal) by M. D. CARDWELL, J. E. VINCENT (seal) by M. D. CARDWELL
M. D. CARDWELL (seal)
The following is the procedendo in this cause, to wit:
State of Tennessee: Pleas before the Supreme Court of said state at a term begun and held at the court house in the town of Jackson on the First Monday in April A.D. 1858 to wit:
Jackson Tuesday April 21st 1858
In Chancery No. 65
John F. FARMER & wife This day came on this cause to be heard upon appeal from et al – complainants the decree of the Chancery Court at Dresden: and the Court Vs. being of opinion that in said decree there is no error: It is William MARTIN et al ordered and adjudged that the cause be in all things affirmed: that this cause shall be remanded to said Chancery Court where all necessary orders shall be made to carry out said decree. It is further ordered that the Defendants and M. D. CARDWELL, their surety for the prosecution of their appeal, pay the costs in this Court expended, for which let execution issue.
M. D. WELCH Clerk & Master
At the July term 1858 of said Chancery Court the following decree was made in this cause.John F. FARMER & wife et al Be it remembered that this day the above cause came on Vs. for further hearing before the Hon. Isaac B. WILLIAMS, James ADAMS & wife et al Chancellor , in presence of counsel on both sides upon Bills, Answers, Interlocutory Decree, and Procedendo from the Supreme Court of Tennessee; and thence from it is ordered by the Court that William H MCLESKEY, George R. BRASFIELD, D. L. DEW, H.C. MCCUTCHEN, and A. F. MCLAIN commissioners appointed by this Court at its January 1858, to divide the land belonging to the estate of Thomas MARTIN, deceased. Amongst the heirs of the said Thomas, proceed to divide the land in the pleadings mentioned, pursuant to said decree, and that they report their proceedings herein to the next term of this court, all other matters and things are reserved until the coming of said report.the following is the summons to the sheriff to summon the commissioners to wit:state of tennessee: to the sheriff of weakley county: greeting: whereas at the july term 1858 of the chancery court of dresden in the cause of john f. farmer & wife et al against james adams & wife et al, william h mcleskey, george R. BRASFIELD, Davis L. DEW, H.C. MCCUTCHEN, and A. F. MCLAIN were appointed commissioners to divide the Land belonging to the estate of Thomas MARTIN late of Weakley County, dec: You are hereby commanded to summon the aforesaid William H MCLESKEY, George R. BRASFIELD, D. L. DEW, H.C. McCutchen, and A. F. MCLAIN to assemble themselves at such time as will suit themselves, and proceed in obedience to the accompanying copy of the decree of our said Court, and according to the instructions given by the Court. Herein fail not and make due execution and return of this wit: Witness William F. HAMPTON Clerk & Master of said Court at office in Dresden the 2nd Monday in July A.D. 1858 and the 82nd year of American Independence.
W. F. HAMPTON
Endorsed to wit: Issued 5th Nov 1858 W. F. HAMPTON – cause to hand and executed on G. R. BRASFIELD and delivered him a copy of the decree the 5th of Nov. 1858 – Executed H. C. MCCUTCHEN, D. S. DEW, & A. F. MCLAIN the 18th of Nov. 1858 on W. H. MCLESKEY the 2nd Dec. 1858. J. G. MOORE Sheriff.
At the January term 1859 of said Chancery Court the following decree was made in this cause, to wit:
Bill for partition of Land
Francis T. WILLIAMS, Mary C. WILLIAMS John F. FARMER, Elizabeth E. FARMER This cause comes on the final hearing Martha B. HIGGS upon the Bill, Answer, Interlocutory Decree, Exhibits and Precedendo from the Supreme Vs.Court , and report of the commissioners appointed to divide the Land mentioned in the Thomas GLASS, Malinda GLASS. Bill and Exhibits which said report being David NOWLIN, Caroline NOWLIN unexcepted is in all things confirmed: the same William MARTIN, James ADAMS and susan ADAMS being in the words and figures as follows: to wit:
To the Hon. Chancery Court for the County of Weakley Tennessee sitting at Dresden: Report of William H. MCLESKEY, George R. BRASFIELD, D. L. DEW, and A. F. MCLAIN, a majority of the commissioners appointed at the July term 1858 to divide the Real Estate of Thomas MARTIN, deceased, among his heirs and devises, pursuant to a decree rendered at the January Term 1858 of said Chancery Court: said commissioners report that pursuant to said Decree and appointment, they proceeded to divide the Land of the said Thomas MARTIN dec. Mentioned and described in the pleadings and Exhibits, on the 28th day of December 1858. After being duly sworn as the Law directs, to do justice between said heirs, devices and parties, and after surveying all the Land mentioned in said pleadings and Exhibits, we proceeded to divide the same into seven lots or parcels. The Lands mentioned in Exhibits No. 1, 2, 3, & 5 are all adjoining and amount to 1050 acres. The Lands mentioned in Exhibit No. 4 contains 645 acres and does not adjoin the other Land; the whole amount being 1695 acres. We further report that exact partition of said Land cannot be made among said heirs, devices, and parties, without material injury to the parties, and that we have made the partition as nearly equal as we can, which follows:
Lot No. 1 containing 264 1/2 acres, valued at $2380.50 and bounded as follows: Beginning at Willis COOK’S South East corner, the North East corner of Exhibit No. 3 in Little Mud Creek and runs West with COOK’S South boundary line 219 poles to a post oak, dogwood and black gum pointers, his South West corner on FARMER’S East line; thence South 272 poles to a stake; thence East 120 poles to a cherry tree on the bank of Little Mud Creek; thence North up said creek 142 poles to a stake, white oak and elm pointers; thence with said creek North 130 poles, and 99 poles to the beginning: Said Lot No 1 was drawn by Mary C. WILLIAMS wife of F. T. WILLIAMS, and we allot the same to her.
Lot No. 2 is bounded as follows: Beginning at the North West corner of Exhibit No. 5, a stake, black and white oak pointers, and runs East with John F. FARMER’S South line 152 poles to a small white oak, post oak pointers, the South West corner of a two acre school house tract; thence South 18 poles to a small hickory, two red oaks and hickory pointers; thence East 18 poles to a stake, two white oak pointers; thence North crossing the Clinton Road 18 poles to a stake, small hickory and large spanish oak and white oak pointers; thence East 88 poles to a stake, post oak and white oak pointers on the West boundary of Lot No. 1; thence South 158 poles to a stake, 3 maple pointers; thence West 284 poles to a stake, two large black oak and small elm pointers, a few steps South of an old corner; thence North 24 poles to an elm; thence East 26 poles to a stake, 3 black oak pointers, the South West corner of Exhibit No. 5; thence North 136 poles to the beginning, containing 256 1/2 acres, which we value at $3462. 75/100 and which was drawn by Elizabeth FARMER, wife of John F. FARMER, and we allot the same to her.
Lot No. 3 is bounded as follows, beginning at a stake, two white oaks and hickory pointers, TERRELL’S, now J. W. ADAMS’ North West corner; thence East with his North boundary 98 1/2 poles to a stake, poplars, red oak and dogwood pointers, about 1 1/2 poles West of the North West corner of Alfred GARDNER’S 640 acres tract; thence North 102 poles to a stake in the field on the South boundary of Lot No. 2; thence West with the same 216 1/2 poles to a stake, two large black oaks and small elm pointers, the South West corner of Lot No. 2; thence South crossing the N. & N.W.R.R. 265 poles to a stake, large forked white oak pointers; thence East 118 poles to a post oak, 2 dogwood pointers, Adams’ South West corner; thence North crossing said Rail Road 163 poles to the beginning, containing 258 acres, which we valued at $3483. 00/100 and which drawn by Susan ADAMS, wife of James ADAMS, and we allot the same to her.
Lot No. 4 is bounded as follows; beginning at a white oak, sweet gum, and two elm pointers, John E. VINCENT’S South West corner on the bank of the Little Mud Creek about 10 poles South of where the Clinton Road crosses the same; thence East 92 poles to a chestnut stump in a field; thence South 110 poles to a stake, two maple pointers, the North East corner of Alfred GARDNER’S 640 acre tract; thence West with his line 309 1/2 poles to a stake, poplar, red oak, and dogwood pointers, the South East corner of Lot No. 3, and about 1 1/2 poles West of Alfred GARDNER’S North West corner; thence North 102 poles to a stake in the field, the North East corner of Lot No. 3 on the South line of Lot No. 2; thence East 67 1/2 poles to a stake, 3 maple pointers, the South East corner of Lot No.2; thence North 82 poles to a stake, the South West corner of Lot No. 1; thence East 120 poles crossing the Clinton Road, to a cherry tree, the South East corner of Lot No. 1 on the bank of Little Mud Creek; thence down said creek South 74 poles and East 30 poles to the beginning: containing 271 acres which we value at $2981.00 and which was drawn by Malinda GLASS, wife of Thomas GLASS, and we allot the same to her.
Lot No. 5 is bounded as follows: Being the North part of a 640 acre tract bought by A. GARDNER; beginning at a hickory and elm on the bank of Cane Creek, the North West corner of the original tract, and runs East 322 poles to a stake, black oak and hickory pointers, the North East corner of the original tract; thence South 107 poles to a stake, poplar, oak, and walnut pointers; thence West 122 poles to a stake, white oak and poplar pointers; thence North 107 poles to the beginning, containing 213 acres, which we value at $2687.50, and which was drawn by Martha B. HIGGS, and we allot the same to her.
Lot No. 6 is bounded as follows: beginning at a red oak, the South West corner of said 640 acre tract and run North with the West boundary line of the same 214 poles to a stake, poplar and white oak pointers, the South West corner of Lot No. 5; thence East 160 poles to a stake, poplar, hickory and oak pointers; thence South 214 poles to a stake, oak and hickory pointers, the South boundary line of the original tract; thence West 160 poles to the beginning, containing 214 acres, which we valued at $2568.00 and which was drawn by William MARTIN, and we allot the same to him.
Lot No. 7 is bounded as follows: beginning at a stake with poplar and oak pointers, the South corner of said original 640 acre tract, and runs North 214 poles to a stake, poplar, white oak and walnut pointers, the South East corner of Lot No. 5; thence West 162 poles to a stake, poplar, hickory and white oak pointers, the North East corner of Lot No. 6; thence South 214 poles to a stake, hickory and oak pointers, the South East corner of Lot No. 6; thence East 162 poles to the beginning; containing 516 acres, which we valued at $2376.50 and which was drawn by Caroline NOWLIN, wife of David NOWLIN, and we allot the same to her.
A plot of said partition is here with filed as a part of the report, marked Exhibit A: The aggregate value of all of said Lands is $19,938.75. The value of each share 1/7th is $2848.39. January 4, 1859.
We further report that J. PASCHAL, Willis COOK, Thomas FARMER and G. W. LEVISTER were employed as chain carriers, and were each sworn to do justice among the parties before they entered upon their service as chain carriers.
We also charge those receiving the larger shares with amounts sufficient to be paid to those receiving the smaller shares to equalize all the shares. We direct the said payments to be made as follows: Susan ADAMS and her husband James ADAMS to pay Mary C. WILLIAMS the sum of four hundred and sixty seven dollars 89 2/7 cents. The value of her share (Lot No. 1) being that amount less than one-seventh of the whole, or an average share and the value of Susan Adams’ share Lot No. 3 being six hundred and thirty four dollars & 60 cents more than an average share.
Said Susan ADAMS and her said husband are also to pay William MARTIN the sum of one hundred and sixty six dollars, 71 3/7 cents, said sum of $467.89 and $166.71 3/7 making the sum of $634.60 5/7.
Elizabeth E. FARMER and her husband John FARMER are to pay Caroline NOWLIN the sum of four hundred and seventy two dollars and 39 2/7 cents, the lot drawn by her (Lot No. 7) being valued that amount less than an average share, and the value of Elizabeth FARMER’S Lot No. 2 being six hundred and fourteen dollars 35 5/7 more than an average share. Said Elizabeth FARMER and her said husband are also to pay Martha B. HIGGS the sum of one hundred and forty one dollars 96 3/7 cents. Said sums of $472.39 2/7 and $141.96 3/7 making the said sum of $614.35 5/7.
Malinda GLASS and her husband Thomas GLASS are to pay William MARTIN the sum of one hundred and thirteen dollars 67 6/7 cents. The Lot No. 6 drawn by said William MARTIN being valued less than an average share by the sum of two hundred and eighty dollars 39 2/7 cents and the said sum of $166.71 3/7 to be paid him by Susan ADAMS and the said sum of $113.67 6/7 making said sum of $281.39 Said Malinda GLASS and her said husband are also to pay Martha B. HIGGS the sum of Eighteen dollars 92 6/7 cents, the Lot No. 5 drawn by said Martha B. HIGGS being valued less than an average share by the amount of one hundred and sixty dollars 89 cents and the sum of $141.96 3/7 to be paid her by Elizabeth FARMER and her said sum of $18.92 6/7 making the said sum of $160.87.
Susan ADAMS & her husband pay Mary C. WILLIAMS $467,89 2/7
” ” ” ” ” William MARTIN 166.71 3/4
$634.61
Elizabeth FARMER & her husband pay Caroline NOWLIN – $472.37
” ” ” ” ” Martha B. HIGGS 141.96 $614.35
Malinda GLASS & her husband pay William MARTIN $113.67
” ” ” ” ” Martha B. HIGGS 18.92 $132.69
W. H. MCLESKEY servant of Weakley County
Geo. R. BRASFIELD, A. F. MCLAIN, D. L. DEW
It is therefore ordered, adjudged and decreed by the Court that all the right title and interest in and to said Lot No. 1 described in said report be divested and vested in said Mary C. WILLIAMS and her heirs forever: That all the right titles and interest in and to said Lot 2 described in said report be divested and vested in the said Elizabeth FARMER And her heirs forever: That all the right title and interest in and to said Lot No. 3 described in said report be divested and vested in the said Susan ADAMS and her heirs forever: That all the right title and interest in and to said Lot No. 4 described in said report be divested and vested in said Malinda GLASS and her heirs forever: That all the right title and interest in and to said Lot No. 5 described in said report be divested and vested in said Martha B. HIGGS and her heirs forever: That all the right title and interest in and to said Lot No. 6 described in said report be divested and vested in said William MARTIN and his heirs forever: That all the right title and interest in and to said Lot No. 7 described in said report be divested and vested in said Caroline NOWLIN and her heirs forever. It is further ordered and decreed by the Court that Mary C. WILLIAMS recover of said Susan ADAMS and her husband James ADAMS four hundred and sixty seven and eighty seven cents, for which execution may issue: That William MARTIN recover of said Susan ADAMS and her husband James ADAMS one hundred and sixty six dollars seventy one cents for which execution may issue: That said Caroline NOWLIN recover of Elizabeth FARMER and her husband John F. FARMER four hundred and seventy two dollars thirty nine cents for which execution may issue: That said Martha B. HIGGS recovery of said Elizabeth FARMER one hundred and forty one dollars and ninety six cents, for which execution may issue: That said William MARTIN recover of said Malinda GLASS and her husband Thomas GLASS one hundred and thirteen dollars sixty seven cents, for which execution may issue: That said Martha B. HIGGS recover of said Malinda GLASs and her husband Thomas GLASS eighteen dollars ninety two cents for which execution may issue: It is further ordered that the owners of said shares each pay one seventh of the costs of this cause for which execution may issue.
By scale of 100 per inch.
Plots of the Lands of Thomas MARTIN dec. as surveyed by Hce & divided by the commissioners G. R. BRASFIELD, D. L. DEW, A. F. MCLAIN, & Wm. H. MCLESKY the 4th January 1859.W. H. MCLESKEY C. S
No.’s 5, 6, & 7 is on the Hickman Road West of May A. RAULSTON.
The above is the plot of the Lands in the pleadings mentioned
The following is Exhibit No. 5 mentioned in said Report: to wit:
Jno. B. DENT Deeds Thomas MARTIN A tract lying and being in the County of Weakley and State of
Tennessee containing by estimation 210 acres including and including two acres out of the North East side line on which a free church or school house built. Bounded as follows: Beginning at a white oak the South East corner of Entry No. 767 for 370 acres: West 255 poles to a stake with 3 black oak pointers, the South West corner of said tract; thence North 133 poles to a stake with Am. black oak & white oak pointers; East 255 poles to a stake with two black oak & post oak pointers South 133 poles to the beginning.
fee 25 cts Jno. J. DREWRY, Rgr.
Submitted by Bob Farmer
