BEDFORD COUNTY, TN - COURT - Ephraim Hunter vs William Sharp & Martin & Samuel Hancock ----¤¤¤---- Bedford County, Tennessee, Chancery Court Minutes 1840-1848, pp. 291-298 Ephraim Hunter ¦ Original Bill Vs ¦ William Sharp & ¦ Martin & Samuel Hancock ¦ The bill of complaint of Ephraim Hunter against William Sharp, a citizen of Bedford County, and Martin Hancock and Samuel Hancock, who reside in Coffee County, Tennessee, to the Honorable Broomfield L. Ridly, chancellor &c, humbly complaining your orator shewith unto your Honor that on the 13th day of April 1843 in Circuit Court of Bedford County, Tennessee, he recovered a joint Judgement(sic) against William Sharp and William Sharp Jr for the sum of three hundred and sixty seven Dollars besides costs of suit amounting to about the sum of fifty Dolls(sic), including defendants own costs and that he caused an execution to issue to the Sheriff of Bedford County against said defendants returnable to the August term 1843 of circuit court and that the same was returned into said court at said last mentioned time by Benjamin Kimbro, a deputy Sheriff of Bedford County, no property to be found of defendants Except as to Eight Dollars made by the Sale of such property as he could find to buy on, leaving all of the principle and most of the costs of the Judgement(sic) aforesaid at law wholly unsatisfied. Your oratore(sic) states that his suit at law was commenced in the latter part of the Year 1841 or the early part of 1842, but as aforesaid Judgement was not obtained until the April term 1843 of said Court. He further states that William Sharp since the time the said suit was brought was the owner of about four hundred and fifty nine acres of good land in said County of Bedford. Also, he was the owner of several slaves and a large stock of various kinds. He also states that about the 16th day of August, 1842, he pretinded(sic) sale of three hundred and seventeen acres of said by and to Martin Hancock for the consideration (as expressed) in the deed of five thousand four hundred Dollars, that on the same day he sold to the same parties 62 acres of land for the consideration of the Sum of six hundred Dollars as expressed in the fact of the deed. Those tracts were conveyed by separate deeds and are made to defendants Martin and Samuel Hancock, they are the brothers-in-law of said William Sharp Sr, both of said deeds are witnessed by John Bell, who is a son- in-law of said Sharp Sr, and by William Sharp Jr, who is the son of William Sharp Sr. Your orator further states that on the same day said William Sharp Sr made the conveyances aforesaid he executed a pretended bill of sale of same of Slaves to Hanoriah Hancock, who is his sister-in-law for the consideration as expressed in the bill of sale of $561.38. This was witnessed by the same witness(es). All these conveyances were executed within two or three days of the time the suit at law above described was continued, by William Sharp Sr, and of the defendants therein they were all acknowledged by him at 71/2 O'clock P.M., which at that season of the year was about dark at which time they were noted for registration. Your orator further states that some time in same 1842 said William Sharp conveyed about Eighty acres of his land for the consideration as expressed in the deed of one thousand dollars to one Robert M. Sharp, a son of said Sharp Sr. Your orator states that most of the Negroes formerly owned by said William Sharp Sr, except an old man Willes, sold under the execution in your orator's favor for five Dollars and claimed by said Martin and Samuel Hancock or one of them by virtue of pretened(sic) purchases made some time in 1842 under pretended executions against said William Sharp Sr in Coffee County. Your orator charges the fact from information and belief that said William Sharp s(sic) is (?) and has been all the time in the constituted possession of all the property both real and personal conveyed by him to said Martin and Samuel and which they or either of them claim by virtue of pretened(sic) purchase at execution sales against said Sharp Sr (although) no conveyance or sales of any kind had taken place. From all these considerations in connection with the fact that there were two cases then pending in the chancery court against him which he was resisting and still is but which sought to hold him responsible for some time on three thousand Dollars and of which was in favour of Your orator and one John C. Coldwell and the other in favor of C. D. Stub due of James G. Whitney. Your orator is constrained to believe and so charges the fact to be that the conveyance of the two tracts of land to the said Martin and Samuel Hancock are fraudulent and void as against the creditors of said Sharp Sr and made to hinder and delay them in the collection of their debts and particularly the debt or claim in favour of your orator he states that said Hancock knew of your orators claim and the indebtedness of said Sharp and of the bill filed against him as above stated as your orator believes, he charges that they from all the facts aforesaid participated in the frauds and took the conveyance to them cover up the property of said Sharp to hinder and delay his creditors. Humbly complaining, your orator further shewith unto your honour that he has been informed and believes said Sharp for the lands conveyed to said Hancocks took their notes for the purchase money but whether did or not or length of time they have to run your orator is not advised (?) notes so far as your orator is informed and still held by said Sharp. In under consideration of the premises and for as much as your orator is only relievable in this Honor Court when matters of fraud are properly cognizable, your orator prays that said William Sharp Sr and Martin Hancock and Samuel Hancock be made defendants to this bill that copies and subpoenas issues &c and that they appear at the next term of our court to be held at the court house in the town of Shelbyville on the fourth Monday in December next and that they answer all the facts allegations and charge herein contained as fully as though they were here reported (?) form. Interrogatories and particularly that the said William Sharp answers whether the sale of the lands and other property to said Hancock was not made to him and delay his creditors and particularly to void the payment of my judgement(sic). Your orator might obtain against him and said and whatever answer might be obtained against him by both Stub and of Jas G. Whitney and whatever answer your orator and said Coldwell might obtain against, that he states what was the actual consideration paid by said Hancock for said lands and other property or agreed to be paid whether they have every paid one cent of the purchased money and if so when did they pay it and what became of it, whether it was not understood between him and them that they never meant to pay one cent but that he was to hold them said notes as a cover to his land and to keep his creditors from living upon it until he could get out of his difficulty which he apprehended he was involved in by the suit aforesaid and whether they were not afterwards to conceal said trade and deliver up the notes and if this was not the arrangement between him answer why he has remained in possession of premises and property thus conveyed to them & if he should answer that he has rented the lands and hired Negroes let him answer what rent and kind he is to pay and whom it is to be paid and how it is to be paid and whether said writing and hearing is not a part of the original plan of covering his property from his creditors and that he answer whether he has sold, transferred or endowed any of the notes of said Hancocks for the purchase money of said land and if so to whom did he convey them and what was the consideration received and that he set it out without evasion or equivocation and that he answer & state if he has sold any or all of them, when he sold them and what he did with the proceeds thereof and that he answer and state when they are to fall due and what is the amount of them and that said Hancock answer all of the above interrogations, so far as the same was on their trades with said Sharp Sr, fully and without evasion and that they answer and explain the whole transaction between them and said Sharp and answer as to their (means) and ability to make such large purchases of land, Negroes and other property and how much they have paid if any thing for said land and Negroes and what they paid in and when they got the means and how they or either of them came to purchase said Negroes at execution sale in the County of Coffee when the execution debtor lived in Bedford and whether said judgements(sic) were fair and bona fide and what they expect to do with all of said property and when they expect to get the means to pay for it and whether they did not pay more or or (sic) agree to pay more fore for (sic) said lands than they were worth and that they answer whether they are able to purchase property to the amount of seven or eight thousand Dolls(sic) and be out of the (case ?) of it and let the proofs thereof be received by another, and your orator further prays at the final hearing if your Honour should be of opinion that said conveyances of said lands to the Hancocks are fraudulent Your Honor will decree that so much of them be sold as will satisfy your orators judgement(sic) and costs at law, but if your Honor should be of opinion that said sales are fair and bona fide then your orator prays that he have satisfaction of his said debt and costs out of the notes due from said Hancock to said Sharp for the purchase money of said lands and that your orator's claim may not be defeated by a transfer of said notes. Your orator prays for the States suit of injunction enjoining said Sharp for selling (or) endorsing said notes and that said Hancock be enjoined from paying them until the further order of Your Honor and should it turn out that said Sharp has received the proceeds of said notes jointly & bona fide your orator prays that he be compeled(sic) to answer as to any other debts or shares in action due to him and from whom and all about it that your orator may have and also whether he has any money in his possession & if so that he be compeled(sic) to this in the first application on injunction this came. And your orators further prays for such other and further relief as may comport with equity & good conscience and as in duty bound will ever pray. (signature illegible) Ephraim Hunter ¦ Answer vs Answer of W. Sharp ¦ William Sharp & others ¦ The Separate answer of William Sharp, a citizen of Bedford County, Tennessee, to the bill of complaint of Ephraim Hunter filed against him together with Martin Hancock and Samuel Hancock in the Chancery Court at Shelbyville, Tennessee. This respondent saving and reserving &c for answer to said bill of complaint says he admits that the complainant recovered a judgement(sic) against him and Wm Sharp Jr as stated in the bill for the sum of three hundred and sixty seven Dollars or thereabouts besides costs of suit. That an execution was issued then as stated with the return afterwards made on it by Benjamin Kimbro, Deputy Sheriff, as set forth in the bill. Respondent does not remember when complainants suit at law was commenced in which said judgement(sic) was rendered but the record will show if it is important. He admits it was pending several times of the court. Respondent admits he was the owner in fee at the time. Said suit at law was instituted of the land mentioned in the bill and also of several slaves, stock, &c. It is true that on or about the day stated in the bill he conveyed to Martin and Samuel Hancock 317 acres of his land for the consideration of Five Thousand four hundred Dollars. That at the same time he conveyed to the same person Sixty two acres of land for the consideration of six hundred Dollars. It is true said Hancock are respondent's Brothers-in-law and that said deeds are witnessed by John Bell, respondent's Son-in-law, and Wm Sharp Jr his son. Respondent denies that said sales were made to defraud any creditor from the(sic) collection. Said sales were made on a credit of one, two and three years and said Hancock executed their notes accordingly. Respondent states, however, that he has since received said contract with said Hancocks or has repurchased said lands from them but there is an encumbrance on them in favour of said Hancocks for between two and three thousand Dollars. The prices an(sic) respondent does not even know, but will necessary(sic) shew it on the hearing for money which they are bound for respondent and said lands are respondents property, subject to the payment of his debt after said encumbrances is over. Respondent admits he conveyed to Hanorah Hancock, his sister-in-law, a Negro woman and her children at the time stated in the bill for the consideration of 590 Dollars as well as he remembers. The sale and conveyance of said slaves was bona fide, and Hanorah has paid the whole amount of consideration in a note on Samuel Hancock for 330 Dollars besides interest and the balance in a debt respondent (owed) her for borrowed money. Respondent cannot state, not remembering, that said conveyance was made within two or three days of the time the suit of complainant against respondent & William Sharp Jr was continued he supposes that record will shew as also they have thus acknowledged to which he refers. Respondent states it true that about the month of June 1842 he conveyed to his son Robt M. Sharp Eighty acres of land in Bedford County for the consideration of one Thousand Dollars, which sale was in good faith and the said consideration was fully paid respondent by Jeremiah Jacobs and Alfred Jacob, the father-in-law and Brother-in-law of said Robt M. Said payment was made in cash. On divers persons, one of which was James A. Brantly for the sum of $400 and some, then one (prices are not remembered) a note for $150 on M. T. Cooper and the balance in notes on Martin Hancock, all of which notes have been fully paid. Of the other Negroes respondent owned there are (dead?) one he sold to James Sharp of Franklin County for five hundred and seventy five Dollars, two hundred of which he paid in Bank at Winchester on a debt respondent owed there and 325 Dollars he paid to William Ramsey of Warren County on respondent Justly ordered him. The only three remaining slaves respondent owned except the one selected under complainants execution were sold in Coffee County by virtue of Executioners designs (?) in favor of (?eal Bolo) a judg(sic) on a note to E. M. Robison which respondent thinks was assigned to the Misses Eathon of Shelbyville and (? ?) judg(sic) is their name, though he is not certain as to whose name it is in. Said Judgments were rendered by Robt L Raybrim Esqr, a Justice of the Peace for Coffee County and were bona fide. The sale of the Negroes under these was bona fide and Martin Hancock became the purchaser. The said Hancock took said Negroes into possession and retained some time, respondent does not remember how long, and then let respondent have them upon hire and respondent is liable to him for the amount of their hire. Respondent admits he is now in possession of the land he sold to the Hancocks and has been ever since the sale, but he is now holding and claiming claiming (sic) the same as his own as aforesaid subject to the encumbrances stated. Respondent denies that the sale of his property as aforesaid was made to delay, hinder or defraud any of his just and bona fide creditors, though it was and is still his intention to avoid the payment of complainants claim the claim of C. D. Stub, administrator of J. G. Whitney and if complainant and Coldwell, the justice of which claims he denies and believes he is bound in law or equity to pay the(sic) especially the two just mentioned and as to complainants judgement(sic) against respondent and William Sharp Jr respondent believes he has a good answer to and defence against his claim, which he will presently state. As to the interrogating point of complainants bill in which respondent is required to answer whether said Hancocks have ever paid him any thing on their purchase as aforesaid, the understanding and agreement between them &c and what has been done or was to be done with their notes &c, respondent supposes it is not necessary for him to answer in as much as said sale has been received as aforesaid and respondent answers that he has now in his possession property which belongs to him real and personal sufficient to pay any demand compl(sic) has against him. As to what money is in respondents possession, he answers he has but a small sum, say less than five dollars, but which he protests complainant has no right to require him to answer and that he has no right to require him to answer as to what choses(sic) in action he may have in his possession and he claims the same advantage in regard to that part of complainants bill as though he had formally demanded to it. Respondent denies it sufficient to repeat what he has already stated, that he has the property and means in his possession, and encumbrance sufficient to pay any demand complainant has against him when it shall be legally adjudge(sic). He is bound to pay it and will be ready to pay or surrender effects. Respondent for further answer says complainant is himself justly indebted to him in the sum of Four hundred & seven 81/100 Dollars principal and interest up to the date of complainants aforesaid judgement(sic) set up in his bill which said indebtedness accrued to respondent in consequence of a judgement(sic) rendered against respondent, complainant and one John C. Coldwell jointly in the Circuit Court of Bedford County on the 17th day of August 1841 as the securities of one James G. Whitney in a bond in favor of one Jas. McKisick which judgement(sic) was rendered in favor of said McKisick and was for the sum of 2311.64/100 Dollars besides cost of suit, the one third of which sum the complainant was bound to pay, respondent further saith that he paid $1166.31/100 Dollars on said judgement(sic) in the (blank) day of (blank) 1841 that said John C. Coldwell paid $1180.26/100 Dollars in the same and complainant paid only $33.18/100 Dollars when he should have paid $793.40/100 Dollars his proportion of said judgement(sic) being $760.21/100 Dollars which complainant is equitably bound to pay this respondent and the said Coldwell. Three hundred and seventy six 86/100 Dollars of which sum respondent is entitled to have from complainant and said Coldwell entitled to the balance which will make them equal. And respondent therefore answers that complainant is justly indebted to him in the sum of $376.86/100 Dollars with interest from the time paid till the 13th day of April 1843 the date of complainants said judgement(sic) against him making in principal and interest to that date the sum of $407.81/100 Dollars which sum respdt. is entitled in equity to sell off against complainants said judgement(sic) and which is greater than the amount of said judgment or if it does not exceed it leaves a balance of less than fifty Dollars for which balance complainant is not entitled to come into a court of equity for want of jurisdiction in such court on a sum under fifty Dollars. All of which matters and things respondent is ready to aver, maintain and prove as this honorable court shall direct and respondent having fully answered &c and decrying also fraud &c wherewith he stands charged prays to be hence discharged with his reasonable costs in this behalf having fully sustained and as in duty bound &c. Ephraim Hunter ¦ Vs Plea of Sharp ¦ Plea ¦ Ready Solicitor Wm. Sharp & Others ¦ To the honorable Broomfield L. Ridly, Chancellor, &c the plea of William Sharp defendant a citizen of Bedford County to the bill of complaint of Ehraim(sic) Hunter filed against the said William Sharp together (sic) Martin Hancock & Samuel Hancock in the Chancery Court at Shelbyville. This defendant by protestation not confessing all or any of the matters and things in the complainants said bill of complaint to be true in such manner and form as the same was therein stated and alleged as to all the relief prayed by said bill and as to all the discovery thereby prayed, doth plead in bar and saith that the said complainant is himself indebted to this defendant in the sum of Four hundred and seven Dollars & 81 cents principal and interest up to the date of said complaints said judgement(sic) set up in his bill against this defendant which said indebtedness accrued to this defendant in consequence of a judgement(sic) rendered against this defendant, the said complainant and one John C. Coldwell jointly in the Circuit Court of Bedford County on the 17th day of August 1841 as the securities of one James G. Whitney in a bond in favor of one James McKisick which judgement(sic) was rendered in the favor of the said James McKisick and was for the sum of Two thousand three hundred and eleven 64/100 Dollars besides the costs of suit, the one third of which sum the complainant was bound to pay and this defendant further saith that he paid Eleven hundred & sixty six 76/100 Dollars on said judgement in the (blank) day of (blank) 1841 that the said John C. Coldwell paid the sum of Eleven hundred & eighty 26/100 Dollars on said judgement and the said complainant paid only the sum of thirty three 18/100 Dollars on said judgement(sic) when he should have paid seven hundred & ninty three 40/100 Dollars his proportion of said judgment leaving Seven hundred & Sixty 23/100 Dollars which the said complainant is equitably bound to pay to this defendant and the said John C. Coldwell Three hundred and seventy six 86/100 Dollars of which sum this defendant is entitled to and the said John C. Coldwell is entitled to the balance which will make them equal. To this defendant saith that the said complainant is justly and equitably indebted to him in the said sum of three hundred and seventy six 86/100 Dollars with interest thereon from the day of (blank) 1841 till the 13th day of April 1843 the date of complainants said judgement(sic) against this defendant making in principle & interest to that date the sum of Four hundred and seven 81/100 dollars which sum this defendant is entitled in equity to set off against the judgement(sic) of said complainant against this defendant and which is greater than the amount of sd(sic) judgement(sic) or if it does not exceed the amount of said judgement(sic) and costs leaves a balance of less than fifty Dollars for for (sic) which balance the said complainant is not entitled to come into a Court of Equity for the want of jurisdiction in such court on a sum under fifty Dollars, all which matters and things this defendant does aver and plead to all the relief and discovery prayed for in compl(sic) bill and humbly craves whether he shall make any further answer to the said bill of complaint. Ready Solicitor E. Hunter ¦ versus ¦ Decree Sharp & Hancock ¦ William Sharp and Martin Hancock and Samuel Hancock ["this day cause came and for hearing this day" (sic)] before the Honorable Broomfield L. Ridly, Chancellor &c upon complainants bill which had been regularly taken for confessed against all the defendants and it appearing to the satisfaction of the court that complainant is a judgement(sic) creditor of defendant Sharp by judgement(sic) recovered against him & William Sharp Jr in the Circuit Court of Bedford County at the April term 1843 for the sum of three hundred and sixty seven Dollars besides fifty Dollars of costs (Eight Dollars of the costs having since been paid which sum amount have including interest interest (sic) to the sum of four hundred and fifty Dollars and 11 cents and that an execution had issued and been returned by the proper officer no property to be found before filing this bill and the Court being of opinion that the conveyance mentioned in the pleading of the tract of land from defendant Sharp to defendants Martin an(sic) Samuel Hancock is fraudulent and void as to as to (sic) said Sharps creditors and is liable to satisfy complainants debt doth order, adjudge and decree that said tract of land be sold to pay ["said tract of land" crossed out] debt and costs and that the Clerk and Master of this Court sell said tract for cash at the court in Shelbyville first giving forty days notice of the time and place of sale at the Court House door in Shelbyville and at three or more public places in the neighborhood of said land and after paying the costs of this land apply the proceeds to the payment of complainants debt, interest & costs and that he report to the next term of this court and that all other matters not being answered be answered until the coming in of said report. Ephraim Hunter ¦ vs ¦ Decree Wm Sharp & Others ¦ Ephraim Hunter (vrs (Wm Sharp and others. Be it remembered that this complainant demurred to the plea placed by defendant Sharp come on to be argued and was argued this day before the Honorable Broomfield L. Ridly, Chancellor &c, and the court being of opinion that the matters and things in said plea or therein pleaded are not sufficient in law to complainants bill, it is therefore adjudged by the court that said demurer be sustained and it is further ordered by the court that defendant Sharp answer complainants bill and that he be permitted to set up in his answer, if the same can be available in law, matters and things contained in said plea and that he be allowed until May rules to file said answer and it is adjudged by cousel(sic) that all deposition legally taken in the cause of Hunter & Coldwell to William Sharp or that may be made in said cause by agreement may be made on the trial of this cause at the answer of the cousel(sic) of complainant Hunter. Ephraim Hunter ¦ vrs ¦ Decree Wm Sharp & Others ¦ In this case on motion of complainant by his solicitor to have his bill taken for confessed or to defendant Sharp and it appearing to the satisfaction of the Court that defendant Sharp has failed to answer to answer (sic) the exceptions of complainant filed by complainant and allowed by the Master to said Sharps original answer of said Sharp filed in this cause. It is therefore orderd by the Court that complainants bill be taken for confessed as to said Sharp and set for hearing in part or to him. Transcribed by Dan S. Sharp from a copy of the original, 30 April 2003 ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Dan S. Sharp ___________________________________________________________________