DeKALB COUNTY, TN - COURT - J. W.(Jonathan) Blankenship Estate --------------¤¤¤¤¤¤-------------- Contributor's Note: The documents pertain to J. W.(JONATHAN) BLANKENSHIP and name all six of his children. This was an attempt to find all the heirs of his estate after his death. One son was wanting to buy Jonathan's 40 acres of land located in DeKalb Co. DeKalb County, TN Minute Book Volume V, February 1910-July 1915 June 10, 1912 Page 282 W. M. (William Martin) BLANKENSHIP VS E. W. (Edmond W. ) BLANKENSHIP et al In this case it offering to the court from the return of the sheriff of the White County, Tennessee the summons to answer that BEN BLANKENSHIP could not be found and it further offering that said County of White was the place of said defendant’s last residence. It is therefore ordered by the court that publication be made for said deft (defendant) as required by law in such cases, commanding said deft to offer and make defense in this case on or before the 2nd Monday in July next or judgment by default will be taken against him. Court adjourned until June 15, 1912 Signed: J. B. MOORE, Judge -------------------------- July 8, 1912 Page 289 through page 291 W. M. (William Martin) BLANKENSHIP VS E. W. (Edmond W. ) BLANKENSHIP et al This cause was this day heard before Judge J. B. Moore on motion of petitioners to take the petition for confessed against all the adults defendants namely: E. W. BLANKENSHIP, G. T. (Giles T. ) BLANKENSHIP, JAMES (George James or G. J.) Blankenship, when it offered to the court that all of said defendants are properly before the court by services of process and publication, all as required by law and that they have all failed to appear and defend the case. It is therefore ordered, adjudged and decreed by the court that the petition filed herein be and the same is hereby taken for confessed as said defendants and the case set for hearing reports as to them. This cause was there further heard on motion of petitioner for the appointment of a Guardian Ad litem to answer and defend this case for the defendants, the unknown heirs of BELZONA (Belzara) SPRALLS (Sproles), decd. (deceased) and defendant, BEN BLANKENSHIP, when it offered to the court that said unknown heirs and said Ben Blankenship are all properly before the court by publication in the SMITHVILLE REVIEW, a newspaper published in Smithville, Tennessee, all as required by law. It is therefore ordered, adjudged and deemed by the curt that P. C. CROWLEY, an attorney of this court be and he is hereby appointed Guardian Ad litem to answer and defend this case for said unknown heirs of the said BELZONA SPRALLS and BEN BLANKENSHIP. The said P. C. CROWLEY being present and accepting said appointment and filed his answer as such Guardian Ad litem. (P. C. Crowley’s name was spelled Crunly in these court documents but on prior documents and on the censuses his name is shown as Crowley. He was noted as a judge for DeKalb County on earlier court documents.) Page 289 (Bottom of page) and 290 (Top of page) JULU 8, 1912 W. M. (William Martin) BLANKENSHIP vs. E. W. (Edmond W.) BLANKENSHIP et al This cause was again heard before Judge J. B. MOORE and the petitioners exhibits order pro confesso as the adult defendants and answer of the Guardian Ad litem for (Sproles) the unknown heirs of Belzona Spralls and Ben Blankenship; when the court was pleased to order and decree that J. W. BLANKENSHIP is dead and at the time of his death he was the owner for life the tract of land mentioned and described in the petition and at his death the legal title of said land vested in the CHILDREN of the said J. W. BLANKENSHIP. Namely; W. M (William Martin) BLANKENSHIP, E. W. (Edmond W.) BLANKENSHIP, G. T. (Giles) BLANKENSHIP, BEN BLANKENSHIP , BELZONA (Belzara J. ) SPRALLS and JAMES (GEORGE JAMES) BLANKENSHIP, each being entitled to a one-sixth undivided interest therein and that BELZONA SPRALLS is dead and heir and heirs are entitled to this said mother’s interest as named and the rights of the parties and accordingly declared. The court further decrees that the widow of J. W. BLANKENSHIP has no rights or interest in said land on account of the said J. W. BLANKENSHIP having only a life estate. It is further decreed by the court that this case be referred to the clerk of this court who will take proof or report from the proof and file as follows: 1st Whether said land is so situated that partitions thereof in kind can be advantageously made between the parties named. 2nd Whether it would be manifestly to the advantage of all the parties that said land be sold and the proceeds divided instead of partitioned in Kind. 3rd What would be a fair minimum value for said land sold on a credit of one and two years except enough cash to pay cost and council fees, and 4th What taxes if any are due and owning on said land, the clerk will report to the present term of this court. Page 290 (Bottom of Page) and all of page 291 July 8, 1912 W. M. BLANKENSHIP vs. Order # 3 E. W. BLANKENSHIP et al This cause was this day heard before Judge J. B. Moore and the petitions exhibits answers of the Guardian Ad litem order pro confesso forever orders and decreed proof and the report of the clerk of this court which is as follows: The undersigned clerk to whom this case was referred at the July term of the County Court to report. 1st Whether the land involved in this case is so situated that petition thereof can be advantageously made between the parties entitled. 2nd Whether it would manifestly to the advantage of all said parties that said land be sold instead of partitioned in kind. 3rd What would be a fair minimum value for said land sold and a credit of one and two years except enough cash to pay cost and council fees; and 4th What taxes if any are due and owning on said land in obedience to said decree. The undersigned clerk proceeded to take proof and make his report as ordered, which he submits as follows: (1) He reports that said land is so situated that partition in kind cannot be advantageously made between the parties entitled. (2) That it would be manifestly to the advantage of all the parties that said land be sold and the proceeds divided between the parties entitled. (3rd) That $200.00 would be a fair minimum value for said land sold and a credit of one and two years except enough cash to pay court and council fees and (4th) There is no proof showing that any taxes are due and owning and said land (see depositions of T. C. LONG and JOHN DELONG. Respectively submitted J. E. Conger, Clerk Which report being seen and understood by the court and being unexcepted it is in all things confirmed. It is therefore ordered and decreed by the court that the clerk of this court advertised said land by written or printed poster for thirty days and sell the same at the courthouse door in the town of Smithville, Tennessee to the highest and best bidder, on a credit of one and two years except enough cash on the day of the sale to pay cost of this action including counsel fees taking notes with approved security and retaining a lien and said land for the deferred payments and make his report of sale as required by law, The said land being situated in the 6th Civil District of DeKalb County, Tennessee and bounded as follows: Beginning by a white oak on the south side Caney Branch, Thence near the road running, Thence north then from Belk to Smithville, Kidwell south east corner running, Thence north to the Caney Branch, Thence down said branch to the mouth of a hollow, Thence south to G. W. GRIBBLE’S north boundary line, Thence west with said line to the road, Thence, west with a line made by Blankenship to Kidwell last boundary line. Thence north with said line to a chestnut. Thence last to the beginning containing 40 acres more or less. It is further ordered by the court that the clerk of this court out of the cash payment arising from said sale pay the cost of this case including a fee of $25.00 be made to Drake and Turner, and a fee of 15.00 to P. C. Crowley, Guardian Ad litem which amounts the court allowed and orders so paid. -------------------------- Page 320 through page 322 September 2, 1912 W. M. (William Martin) Blankenship vs. / Decree confirms report of sale E. W. (Edmond W.) Blankenship et al This cause came to be heard before Judge J. B. Moore on the pleadings forever orders and decrees the report of the clerk of this court of the sale of the land mentioned and described which report is as follows: In this cause the undersigned respectfully reports that the pursuant to an interlocutory decree pronounced herein at the July term 1912 and entered in Minute Book V, page 290. After advertising and giving notice required by said decree, proceed and the 10th day of August 1912 in front of the courthouse door in Smithville, Tenn. to sell at public auction to the highest bidder and in lieu of the equity of redemption the property mentioned in the pleadings and in said decree and described as follows: Beginning at a white oak on the south side of the Caney Branch near the road running north from Belk to Smithville Kidwell south east corner running, Thence north to the Caney Branch, Thence with said branch to the mouth of a hollow, Thence south to G. W. Gribble north boundary line, Thence west with said line to Kidwell east boundary line, Thence north with said line to a chestnut, Thence east to the beginning, containing 40 acres, more or less. Where W. M. Blankenship being the highest and best and the last bidder became the purchaser at the price of $201.00 who complied with the terms of the sale by paying in hand $70.30 and for and for (repeated) the remainder of the purchase money executed two notes each for $65.35 due respectively 12 & 24 months after the date with R. H. GOODSON & D. L. RAY security thereon and a lien retained on the premises as further security, all of which is respectively submitted this 20th day of August 1912. Signed: J. C. CONGER, Clerk Which report being seen and understood by the court and being unexcepted to is in all things confirmed. It appearing to the court that W. M. BLANKENSHIP was the purchaser of said land at the price of $201.00 that being in excess of the minimum and that he paid cash and his said purchases $70.30 and executed his 2 promissory notes for $65.35 each due in 12 & 24 months with R. H. GOODSON and D. L. RAY securities and liens retained on said land for the purchase money notes. It is therefore adjudged by the court that all the rights, title, claims and interest that all parties have or had in to and said land be divested out of them, and each of theirs and title to the same be vested in W. M. BLANKENSHIP, the purchaser subject above to the lien for the unpaid purchase money. It is further decreed by the court that when all the purchase money shall be paid that the clerk of this court execute to said W. M. BLANKENSHIP a deed to said land and the clerk will pay to said WADE DRAKE and TURNER, Atty. For petitioners a fee of $25.00 for their services in this case and a fee of $5.00 to P. C. CROWLEY, Guardian Ad litem, which fees will be taxed and paid out of the cash payment with the rest of the cost. It is further decreed by the court that the Clerk of the Court credit said purchaser’s first and second notes with one half of one fifth of net proceed of said sale. He being entitled to a one fifth and E. J. (this should be G. T. for Giles T.) BLANKENSHIP and E. W. (EDMOND W. ) BLANKENSHIP a one fifth each, a one fifth interest in said land and he will pay to defendants James (George James) and BEN BLANKENSHIP each a one fifth interest in said net funds, they being entitled to the same. The remaining one-fifth interest in said net funds is the property of the unknown heirs of BELZONA SPRALLS, Decd, which interest will be held by the clerk to be dispersed of under the further orders of the courts in this case. Court adjourned until September 10, 1912 J. B. MOORE, Judge ___________________________________________________________________ Copyright. 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