submitted by Elaine English COPIAH COUNTY MISSISSIPPI PROBATE COURT RECORDS J. G. SESSIONS ET AL VS GEO. THEDFORD ET AL BOX 262 (PROBATE DOCKET BOX): THE INCLUDED IS NOT IN ANY PARTICULAR ORDER. J. G. Sessions etal 1006 v. G. W. Thedford et al The cause being set down for hearing on Demurer (?) by Defendant Thedford, It is considered and adjudged by the Court that the Second cause of Demurer (?) as signed be sustained wherefore complainants asked leave to dismiss his Bill of Complaint as to defendant Moore, and sixty days leave to file an amended Bill as to debt (?) Thedford (?), which ("by consent of "stricken out) Defendant's Counsel consenting to-it is so adjudged by the Court and leave accordingly granted. Adjudged & decreed this 7th day of July 1880. E. G. (?) Peyton Chancellor --------------------------------------------------------------------- Joseph G. & H. A. Sessions In the Chancery Court of Copiah V Co. Miss July Term 1880 George W. Thetford & Gabriel Moore And now comes in defendant Geo. W. Thetford and demurs to the Bill of Complaint in this cause and assign the following causes of demurrer 1st Because there is no equity on the face of the Bill. 2nd Because the Bill sets up a tax lien on two different lots of land one charged to be the property of one defendant and one the property of the other defendant and does not show any priority (?) if in (--cannot dicpher--) defendants and does not separate the amounts due by each defendant upon (?) his separate parcel of land. 3rd Because the Bill shows that the defendants are volunteers in payment of the taxes and claimed no title in the lots at the time of payment 4th Because the Bill shows that Complaints paid the taxes on the lots as volunteers. Benj. King, Jr. (-?-) for Deft. Thetford. I do hereby certify that in my opinion this above demurrer is well taken in points of law. Benj. King, Jr. (-?-) for Thetford ---------------------------------------------------------------------- STATE OF MISSISSIPPI In Chancery Court of said COPIAH COUNTY County to July 9 (?) 1881 To Hon. E. G. Peyton Chancellor Ninth District of said State This Bill of Complaint of Joseph G. Sessions and Hiram A. Sessions filed in said Court against G. W. Thedford, all residents of said State, respectfully shows That on the 10th day of May 1875 the following lot or parcel of land lying and being in said County and described as Lot 4 in square 11 of the Town of Beauregard was sold by the sheriff of said County for taxes due the State at the date of sale; that said Lot in the absence of other bids was sold to the State according to law; that on the 15th day of June 1877, the Said Lot being subject to entry, your ovators (?) Joseph G. and Hiram A. Sessions, bought the same from the State including of auction Sat. (?) (this inserted) for the sum of Fifty dollars and fifty one cents, and received from the Auditor of said State a deed for the Lot so bought--as will particularly appear be reference to said deed herewith filed and marked Exhibit A as part of this Bill. BILL OF COMPLAINT continued That said Lot of Land numbered Lot 4 as aforesaid your orators charge to be the property of said G. W. Thedford herein made defendant , and that said defendant is a citizen of the County of Panola in Said State, his Post Office being Batesville. That shortly after the purchase by your orators they notified the said defendant and requested payment of the amount paid out for his (cannot decipher) which he declined to do, that your orators then learned, upon inquiry, and do charge that owing to certain informalities in the day of sale of said Lot 4 by the sheriff, that the title of said State was defective or void, wherefore they again communicated with said Thedford through their Attorney, asking payment of the Taxes and Costs paid out for him on Said Lot, as also the amount paid out on said Lot for the taxes for the year 1877, 1878,1879 by (?) your orators, and they would (cannot decipher) their interest therein to said defendant to this application refusal was also made. That as the law directs said Lot 4 has been assessed to your orator since the year 1877 and in defense of their rights they are still compelled to continue the payment of the annual State, County, and Town taxes thereon and that this is now due your orators from said defendant, the sum of sixty dollars or thereabouts for payment and assessment on said Lot 4. In tender consideration, therefore, of the rights of your orators in the Greivance (?) and to the end that said G. W. Thedford may on his corporal oath answer the matters and things herein and that your Honor may decree upon final hearing of this cause that the sum of sixty dollars for taxes, damages and costs and interest paid out on said Lot 4 for the benefit of said defendant, be a lien on said Lot 4, or that an account be taken, under the direction of the Court, of what sum in the behalf may be due your orators, and that unless the same being approved by the Court, be by said defendant paid within thirty days, that your Honor may further decree a sale of said Lot 4 to the highest bidder for cash by the sheriff of said County, as the law directs such sale to be made, for the payment of amount found to be due, by the Court, to your orators, and for such further relief as your orators may be entitled to, or different relief, may it please Your Honor to grant the writ of subpoena, directed to said G. W. Thedford at Batesville, Panola County, Mississippi, commanding him to appear before this court at the next July term thereof to plead, answer or demure to this Bill. L. O. Bridewell Solicitor for Complainants STATE OF MISSISSIPPI COPIAH COUNTY Personally appeared before the undersigned Justice of the Peace for said County, Hiram A. Sessions, who being by me, duly sworn says, that the matters and things stated in the foregoing Bill, are true as stated, and those things stated upon informaiton & belief, he believes true. Sworn to and subscribed this H. A. Sessions day of April 1881 F. M. (?) Thomas, J.P. ----------------------------------------------------------------------- STATE OF MISSISSIPPI In Chancery Court said County COPIAH COUNTY To July Term AD 1880 To the Hon. E. G. Peyton Chancellor of the Ninth District of said State sitting at Hazlehurst in Said County- This Bill of Complaint of Joseph G. Sessions and Hiram A. Sessions this day filed against G. W. Thedford and Gabriel Moore, residents of said State, respectfully shows; That on the 10th day of May 1875, the following lots or parcels of land, lying and being in Said County, and described as Lots 3 and 4 in Square 11 on the plat of the town of Beauregard, in Section 27, Township 9, of Range 8 East, were sold by the Sheriff of Said County as being in default for the taxes due the State of Mississippi at the date of the sale thereof; that said Lots of land, in the absence of other bids, were sold to said State as the law directs; that on the 15th day of June 1877, the said Lots of land under the control and ownership of the State and subject to entry, your orators Joseph G. and Hiram A. Sessions bought the same for the sum of Fifty dollars and fifty one cents, amount of the Taxes for the year 1874 (?) and accrued taxes, costs and damages, due on said lots of land at the date of Entry by your orators, and received from the Auditor of Said State a deed therefor--All of which appear at large by reference to void deed herewith filed and marked Exhibit "A". BILL OF COMPLAINT continued Your orators would further show that the defendant G. W. Thedford is the Executor of the last will and testament of Thomas Moore deceased and that the defendant Gabriel Moore is the heir at law of said decedent and an infant under the age of twenty one; that the said defendant Thedford claimes Lot 4 of said lots of land as his own property and Lot 3 of said lots of land as the property of said Gabriel Moore, and that both of said defendants reside in the County of Panola in Said State, their post office being Batesville. Your orators further show that shortly after the entry aforesaid, they notified said defendants thereof and requested payment of amount paid out for their benefit, which they declined to do; that your orators then consulted counsel learned in the law and were informed and so charged that owing to certain informalities in the day of sale of Said Lots of land by the sheriff as aforesaid that the title of said state (?) was defective or void, whereupon their agent and attorney L. O. Bridewell wrote to said defendants asking payment of the taxes and costs paid out by your orators in the entry of said Lots of land as also the amount paid out for the Taxes for the years 1877, 1878, and 1879 by your orators, and upon receipt of same, they would surrender and release all their interest therein the said defendants, to this application as they are informed and beleive no reply was received. Your orators also show that said Lots of land is now and has been assessed to them, as the law directs since the year 1877, and in defense of their rights they are compelled to continue the payment of the annual tax thereon, not only levied for County and State purposes, but also taxes levied by the Town of Beauregard. In tender consideration, therefore, of the rights of your orators in the premises (?), and to the end that said G. W. Thedford and Gabriel Moore may on their corporal oaths answer the matters and things hereinbefore stated, and that your Honor may decree upon final hearing of this cause that the sum of ("Sixty five"stricken out) One Hundred dollars, for taxes, costs, damages and interest paid out on said Lots of land for the benefit of Said defendants, be a lien on Said Lots 3 and 4 as aforesaid, or that an account be taken, under the direction of the court, of what maybe due your orators in the services (?), taxes, costs, damages and interest, and that unless the same, being approved by the Court, be by said defendants paid within thirty days, that your Honor decree that Said Lots of land, or so much thereof as may be necessary, be sold to the highest bidder for cash by the Sheriff of Said County, as Commissioner of this Court, under and by virtue of said lien, for the payment of amount found to be due yo L.O. Bridewell Solic. for Complts. STATE OF MISSISSIPPI COPIAH COUNTY Personally appeared before the undersigned and acting Justice of the Peace for said County, H. A. Sessions who being duly sworn says that the matters and things stated in the foregoing Bill to be true are true as stated, and those things stated upon information and belief he believes to be true. Sworn to and Subscribed before me H. A. Sessions this 7th day of June 1880 S. M. (?) Thomas, J.P. {SEAL} -------------------------------------------------------------------- SUMMONS THE STATE OF MISSISSIPPI COPIAH COUNTY To the Sheriff of Panola County---Greeting; WE COMMAND YOU TO SUMMON:---G. W. Thedford and Gabriel Moore---if to be found in your County, to be and appear before the Chancery Court of said County at --a term-- thereof to be holden at the Court-house, in the town of Hazlehurst on the --first--Monday of --July--1880 then and there to --plead, answer or demur to the Bill of Complaint of Joseph G. Sessions & Hiram A. Sessions this day filed in said Court against them-----and further to do and receive whatever our said Chancery Court may consider or decree in this behalf. Herein fail not under the penalty of One Hundred Dollars, and have you then and there this Writ. Witness my hand and seal of said Court, this--8th-- day of --June------AD 1880 J. M. Norman (?) Chancery Clerk By Y. F. (?) Wolfe Deputy Clerk BACK OF SUMMONS NO 1006 CHANCERY COURT, COPIAH COUNTY J. G. Sessions et al vs Summons G. W. Thedford et al Issued--June 8th--1880 Returnable--July Term--1880 To be served on Shffs. Fee $3.00 Box (?) 10 Received 10th day of --June--1880 S. S.Smith Per W. W. Smith (??) Sheriff Shff. Fees $3.50 (?) Executed on Gabriel Moore June 12th 1880 and on G. W. Thedford June 19th 1880 in person by reading this subpoena to each of the within named defendants. S. S. Smith, Shff. By W. W. Smith D.S. (?) J. W. (?) Early Executed June 2-?- 1880 by personal service and by the delivery of a true copy of this summons to the within named Gabriel Moore and executed June 16th 1880 by personal service and by the delivery of a true copy of same to the within named G. W. Thetford. S. S. Smith, Shff. By W. W. Smith, D.S. -------------------------------------------------------------------- INCLUDED IN THE PACKET WERE THE FOLLOWING : A COPY OF THE WILL OF THOMAS MOORE WHICH IS TRANSCRIBED ON A SEPARATE DISC. A COPY OF DEED FOR SESSIONS --------------------------------------------------------------------