FAYETTE COUNTY TN - COURT RECORDS - Circuit Court Records March 1868 - Dec. 1869

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FAYETTE COUNTY CIRCUIT COURT MINUTES

VOLUME K  MARCH 1868--DECEMBER 1869

TENNESSEE STATE ARCHIVES  ROLL #3





PAGE 63  1ST APRIL 1868  STATE OF TENNESSEE vs W.F.CROOK.  Fined for non-

attendance as a Juror.It appearing to the Court that W.F.CROOK was duly summoned

by the Deputy Sheriff of Fayette County,W.H.HESTER on the 31st of March 1868 as

a juror upon the trial of State vs MORRIS MOSBY on an Indictment for Murder and

failing to attend or to answer when called,it is ordered by the Court that he be

fined $10 unless he appears at the next term of Court and show cause to the

contrary and that scire-facias issue to Warn him and this fine having been

imposed on the 31st entered.



PAGE 114  MONDAY 20 JULY 1868   STATE OF TENNESSEE VS W.F.CROOK.#45. Fine for

non-attendence as Juror. Comes the Attorney general who prosecutes on behalf of

the State and with the assent of the Court enters a nolle pro Seque herein.It is

therefore considered by the Court that the County of Fayette pay the cost

accured in behalf of the State and that the Clerk retain same out of fines and

forfietures due County in his settlement of same.It is ordered that the

judgement___be set aside.



PAGE 190  SATURDAY  8 AUGUST 1868  JOSEPH H.TROTTER,Administrator of

W.T.AVERETTE vs LUCY A.AVERETTE el at  NO.11. PETITION. In this cause it is

ordered that the order made at the February term 1860 in this cause be so

modified that the clerk after giving 20 days notice by printed hand bills of

time and place of sale may proceed at the Court house door in the town of

Somerville to sell the lands remaining unsold set out in the pleadings in this

cause to the highest bidder on the following terms - one half cash,and the

balance on a credit of twelve months taking from the purchaser bond with

approved Security for the deferred payments,retaining a lien on the land for

payment of same and that he report his action at the next or some subsequent

term of this Court.



PAGE 326  3RD APRIL 1869   J.H.TROTTER admr & c  vs  WIDOW,HEIRS & DISTUBUTEES

of W.T.AVERETTE,deceased. NO.11.  Be it remembered that this day this cause came

on for futher hearing and directions before the Hon.GEORGE W.REEVES,Judge & c.on

the report of the Clerk made in pursuance of a former order in this cause which

report is in the words and figures following to wit: JOSEPH H.TROTTER,admir & c 

vs  Widow,Hiers & Distributees of W.T.AVERITTE,dec'd. In this cause I report

that in pursuance of order made in this cause at the February term 1860 of this

County and modified at the July term 1868 I exposed to public sale the tract of

land of 122 acres in the pleadings mentioned at the Court house door in

Somerville on the 25th day of January 1869 when MRS.LUCY A.EVERETTE became the

purchaser she being the highest and best bidder for the sum of One dollar per

acre,one half cash and the balance in 12 months,who paid the cash payment of

Sixty one dollars,and executed her note dated 8th March 1869 for the sum of

Sixty one dollars with J.J.AVERETTE and JOSEPH H.TROTTER her securities payable

to ROBERT M.MOORE,Clerk and due 25 January 1870.The land was sold in one body

and lien retained to secured deferred payment of purchase money.Respectfully

submitted 9th March 1869.  R.M.MOORE, Clerk; which report being same excepted to

us by the Court in all things confirmed and it is ordered that this cause abide

further directions. ***************





FAYETTE COUNTY CIRCUIT COURT MINUTES MINUTE BOOK L  MARCH 1870--JULY 1871

TENNESSEE STATE ARCHIVES  ROLL #3





PAGE 28  22 MARCH 1870   JOSEPH H.TROTTER administrator of WM.T.AVERETTE dec'd

vs  THE WIDOW,HEIRS & DISTRIBUTEES of W.T.AVERETTE dec'd.NO.10.  Be it

remembered that this day this cause came on before the HON.J.T.SWAGNE for

further hearing and directions on report of Clerk and Commissioners which report

is in the words and figures as follows,to wit: I report in pursuance of the

order of this Hon.Court in the above cause that the purchaser of the land,122

acres sold by me on the 25th January 1869,MRS.LUCY A.AVERETTE has paid the

purchase money in full having heretofore paid the cash payment $61 as reported

to the March term 1869 and having now paid the deferred payment $61 with

interest amounting to 50 cents and it is therefore entitled to a decree for

title. Very Respectfully,B.M.MOORE,Clerk. March 16,1870. Which report being

unexcepted to is in all things confirmed and it appearing to the Court that LUCY

A.AVERETTE,the puschaser of the following described tract or parcel of land sold

under former order of this Court,has paid into the hand of the Clerk and

Commissioners,the purchase money in full,said land lying and being in the County

of Fayette and State of Tennessee,on the waters of Loosa Hatchie in Range 6 and

Section 4 and bounded as follows: Beginning at JAMES WRIGHT'S north east corner

for 200 acres black oak and hickory pointers running west 90 poles to a

stake,hickory,black oak and white oak pointers,thence north 135 1/2 North to a

stake two black oak pointers,thence east to a stake thennorth 32 poles and five

links to a stake two black oak pointers thence east 131 poles and 17 links to a

black oak with a hickory and black oak and black jack pointers thence South 132

poles to a stake with 3 black oak pointers thence West 36 poles to a hickory

with hickory and two (page 29) black oak pointers,thence south 45 1/2 to the

beginning,containing one hundred and twenty two acres,more or less.



And it further appearing to the Court by Deed 10th March 1870,duly proven in

Court,witnessed by D.H.RIVES and BELL COUSER,executed by LUCY A.AVERITTE,the

purchaser of the lands herein,that she has transferred and conveyed to

E.D.HENLEY all her rights,title,claims and interest of and in and to the lands

purchased by her as set out and described by meters and bounds in this decree as

well as her dower interest in same and asks,requests and directs that title to

same be made and decreed to said E.D.HENLEY. The is therefore ordered,adjudged

and decreed by the Court that all the right title claim and interest which the

Heirs and Distributees,Creditors of W.T.AVERITTE,dec'd,as well as the

right,title,claim and interest which LUCY A.AVERETTE,the purchaser and as the

widow of W.T.AVERETT,dec'd,had of and to said land be divested out of them and

out of her and the same be vested on the said E.D.HENLEY,his heirs and assigns

forever and that a copy of this decree be certified to the said E.D.HENLEY,it is

further ordered that this cause abide further directions.



PAGE 308  18 NOVEMBER 1870   JOSEPH H.TROTTER,Admr.& c. vs  WIDOW,HEIRS &

DISTRIBUTEES of W.T.AVERETTE,dec'd  NO.10  Be it remembered that this day this

cause came on for further hearing and directions before the HON.THOMAS

J.FLIPPEN,Judge and it appearing to the Court that there is a fund in the hand

of the Clerk and Master arising from the sale of the land herein. It is ordered

that the Clerk,after deducting the costs of this cause pay over the fund in his

hand to JOSEPH H.TROTTER,Admr.of W.T.AVERETTE,dec'd,taking his receipt for same

and report his action in the premises to the next term of this Court.



PAGES 432 AND 433  28 JUNE 1871   STATE OF TENNESSEE FAYETTE COUNTY CIRCUIT

COURT JUNE TERM 1871.  STATE OF TENNESSEE vs EDWARD APPLEBERRY.  THE GRAND JURY

returned into Open Court an Indictment in the following to wit: The Grand Jurors

for the State,good and lawful men empanelled,sworn,and charged to inquire for

the body of the County of Fayette in the State aforesaid upon their oath present

that one EDWAED APPLEBERRY late of the County aforesaid on the 28th day of

February 1871 about the hour 10 o'clock in the night of the same day in the

County aforesaid,the dwelling house of one W.F.CROOK then and there situate then

and there feloniously and burglariously did break and enter with intent wilfully

and feloniously in the said dwelling house then and there being then and there

feloniously and burglariously to commit rape upon some member of the family of

said W.F.CROOK against the peace,dignity of the State. JOHN J.DUPREY,Attorney

General. Endorsement on Indictment--State of Tennessee vs ________for

Burglary.Witnesses: W.F.CROOK, MARTHA CROOK, WASHINGTON RICHIE and GEORGE CROOK.

Sworn in Open Court and sent before the Grand Jury to give evidence on this Bill

of Indictment this 28th day of June 1871. R.M.MOORE Clerk by R.M.COUSAN,Deputy

Clerk.W.F.CROOK,Prosecutor. A True Bill. M.CARTWRIGHT,Foreman of the Grand Jury.

***************





FAYETTE COUNTY CIRCUIT COURT MINUTES VOLUME  M   OCTOBER 1871--MARCH 1873

TENNESSEE STATE ARCHIVES  ROLL #4





PAGE 347  12TH JULY 1872  JOS.H.TROTTER,ADMR.& C OF W.T.AVERETT dec'd  vs

WIDOW,HEIRS & DISTRIBUTEES OF W.T.AVERETT,dec'd. Circuit Court,Fayette

County,Tennessee June A.D. 1872. This day this cause came before the

HON.T.J.FLIPPEN,Judge & c for final hearing on the report of the Clerk in

pursuance of a former order which report is in the words and figures following

to wit: The undersigned in purerance of order made in this cause at the October

term 1870 proceeded to offer to pay JOSEPH T.TROTTER,adnr.& c. the fund in hands

of Clerk as directed in the said order but that said TROTTER did not receive

same until March 30th 1872 when I paid him $73.08,Seventy three dollars and

eight cents being balance after subtracting Cost and Commissions as per

following Statement: Proceeds of 122 acres of Land--$122.50. Costs of former

Clerk--$10.65. Sheriffs fees--$10.00. State Tax--$3.00.  Printers Fee--$5.00. My

Commission on $122.50--$4.67. Cost of Present Clerk--$15.60. $49.42 from $122.50

= $73.08. Bill of Cost as filed herewith also receipt of said TROTTER.

Respectfully Submitted, R.M.MOORE Clerk.  Which report being unexcepted to,it is

by the Court in all things confirmed. And it appearing to the Court that all the

matters,questions & issues in the said cause and finally disposed of and the

costs paid.It is ordered that the same be dismissed and stricken from the

Docket.



PAGE 532  26TH FEBRUARY 1873  STATE OF TENNESSEE vs EDWARD APPLEBERRY for

BURGLARY.  Comes the Attorney General who prosecutes on behalf of the State of

Tennessee and it appearing to the Court that Six Capeases have been issued by

the Clerk of the Court and returned by the Sheriff "Not Found." It is therefore

considered by the Court that the State of Tennessee pay the costs of this

prosecution and that the same to the Comptrollet of the Treasury for payment.

***************

SARAH HUTCHERSON   saramai@bellsouth.net