Court Records Page Five

Court Records
 

PRICE – COATS – MOSELY – EZELL – SOMERS – RAULSTON – ROSS

 
Submitted by
MaryCarol

*COMPLAINT BY ROBERT MOSELY & MASON EZELL March 11, 1871

*Robert MOSLEY and Mason EZELL sold numerous tracts of land around Greenfield, TN  on installment plan, with interest of 5 Percent.

* William Edward “Billie”PRICE – 80 acres for $1,200 on installment plan of $400 with deed Dec 25, 1869, $400 due Dec 25, 1870, $400 due Dec 25, 1871.

* W. E. PRICE died from smallpox in 1870 – maybe Dec.

* He paid $400 but owed $800 on deed of land dated Dec 25, 1869.

*Dau Elizabeth “Betty” PRICE born after he died

* Wife Mary Alice FEATHERSTONE PRICE Alive in March of 1871 – she too died of smallpox.

* Betty raised by FEATHERSTONE relatives

* The other children – Mary Alice Price, James Washington “Jim” Price, Minnie C. Price, William Edward “Will”Price, and Martha L. “Mattie” Price found living with other Coats  families 1880 census.

*  H. A. COATS is Henry Armitead COATS – brother-in-law to W.E. PRICE

* Mack COATS is Willaim McNairy “Mac” COATS. – brother-in-law to W. E.PRICE
———–
Robert MOSELY and Mason EZELL – Complainants
vs
Defendants
Mary A. PRICE widow and relict of W. E. PRICE, Dec’d
Children of W. E. PRICE dec’d:
Mary Alice PRICE
James W. PRICE
Minnie C. PRICE
William E. PRICE
Martha L. PRICE

To the honorable John SOMERS, Chancellor of the Chancery District of Tennessee sitting in Dresden: The Bill of Complaint of Robert MOSELY and Mason EZELL.

Complainants and defendants all citizens of Weakley County, Tennessee. Humbly complaining your Orators Robert MOSELY and Mason EZELLl would respectfully state and show unto your Honor that on the 25th of December 1869 they sold and conveyed by Deed to W. E. PRICE now dec’d the following tract of land situate, lying & being in Weakley County Tenn bound and described as follows:

In Civil District 9 containing by estimation eighty (80) acres of land more or less beginning at H. A. COATS northeast corner at a stake with ash, dogwood & black gum pointers and runs east two and half degrees south 111 1/2 poles to a stake two persimmon pointers on Mack COATS west boundary line. Thence south with his line 116 poles to Mrs GALLECT (?) south west corner 2 1.2 degrees north, Thence west 111 1/2 poles to a stake with oak & elm pointers, H. A. COATS south west corner, Thence north with H. A. COATS east boundary line to the beginning.

At a price of Twelve Hundred Dollars ($1,200) upon the following terms and payments, to wit: Four Hundred Dollars in cash, paid on the day of said sale as said Deed recites upon its face but in truth but Two Hundred Dollars was made but a note was executed by said W. E. PRICE to your orators on the 1st day of January 1870 due one day after date with Thomas PRICE and Mrs PRICE as securities upon the same for said Two Hundred Dollars not paid but so stated in the Deed aforesaid and Four Hundred Dollars due on the 25th of December 1870 and Four Hundred Dollars due on the 25th of December 1871 for which said two last mentioned payments said W. E. PRICE executed his two serial Promissory notes bearing the 25th of December aforesaid and falling due as above stated. A lien expressly reserved and retained upon said land until said two were paid and discharged as said Deed upon its face recites.  All of said facts will more fully appear by reference to said Deed and said two notes here now filed under the character of Exhibit A., B. & C. and make part hereof but not to be copied.

Your orators state and charge that not one dollar of said two notes have ever been paid. That the first note fell due on the 25th of Dec 1870 the last falls due on the 25th of Dec 1871 as before stated. 

And your orators are anxious to collect said two notes, and they now in this proceeding seek to enforce said lien and collect said two notes and ask that said land within the described be sold to discharge said notes aforesaid as follows: 1st first to decree a sale of said land or so much thereof to discharge said first note of Four Hundred Dollars & interest thereon which is due and owing to your orators as before stated and retain said cause in Court until the maturity of said second note and order so much of the balance of said land, if any remains unsold, after satisfying the first note to be sold to discharge said second & last note.

Your orators charge that the Estate of  W. E. PRICE is insolvent that said W. E. PRICE died in Weakley County Intestate in the month of (blank space) in the year 1870 and that one Thomas PRICE is the legal & qualified Admin. upon the estate of said Intestate W. E. PRICE and unless the relief herein asked for is not granted your orators will be without remedy promises considered your orators

May your Honor, that said land be sold for causes assigned & for the purposes herein stated and indicated. Your Orators charge that said W. E. PRICE left surving him the parties styled in the caption as defendants  his widow and children as his only heirs at law & your orators ask that they be made defendants to this bill that they & each of them answer the allegations & charges herein contained according to the rules of this court, under oath. That all of said parties styled as defendants are minors of tender years and without any regular guardian except the defendant Mary A. PRICE, the widow and relict of said defendant W. E. Price.
Let Guardian ad litem be appointed for them Let copy and subpoena issue as to said Defts. and grant unto your Honor orators such further & general relief as they may be _______at the hand of the Court and in duty bound your orators will _______say.

G. H. RAULSTON,   Solicitor

STATE OF TENNESSEE
WEAKLEY COUNTY
Personally comes before me W. R. ROSS, Clerk & Master of the Chancery Court of said county Robert Mosely and makes oath that the allegations of the within Bill are true to the best of his knowledge information & belief and subscribes his name to the same before me March 11, 1871
Signed by Robert MOSELY
A true copy
W. R. ROSS,     Clerk