HAYWOOD COUNTY, TN - MISC - The District Herald Brownsville, TN 1840 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Sarah Hutcherson sukey@bellsouth.net ==================================================================== Transcribed and submitted by: Sarah Midyett Hutcherson sukey@bellsouth.net THE DISTRICT HERALD BROWNSVILLE,TENNESSEE VOLUME 2 NO.37 PUBLISHED EVERY TUESDAY OCTOBER 31,1840 BY: D.M. McPHERSON (NO PAGE NUMBERS) MARRIED---On Thursday last by Rev.Joshua CLARK, Mr.Corydon SPENCER,of North Carolina,to Miss Mary R.TAYLOR,of Wesley,in this County,and daughter of the late Wm.P.TAYLOR.Esq.,of North Carolina. MARRIED---On Thursday evening last,by the Rev.Mr.WEST, Mr.William H.HARALSON,Commission Merchant,Ashport,to Miss Isabella McCULLOAH,of this place. TRUSTEE's SALE ---By virture of a deed of trust executed by Barton W.JENKINS,on the 3rd day of April 1839,conveying to the undersigned certain pieces and parcels of land lying in the county of Tipton,to secure the payment of certain debts in said deed unentered.I shall expose to public sale,at the Court house door in the town of Covington in the said county of Tipton,on the second day of November,1840,for cash,all the right,title and interest of the said Barton W.JENKINS,in and to the following pieces and parcel of land, Viz: one house and lot,situated,lying and being in said town of Covington,upon which lot there is a brick store house,and heretofore been occupied as a storeroom by SMITH & DURANT (number of the lot will be given on day of sale.) Also a tract of land containing about 432 acres,lying in said County,being part of two tracts of 5000 acres each,granted to John RICE by NO.285 & 288,also one other tract containing about 961 acres,lying in said county,and adjoining the town of Randolph,the boundries and descriptions of the said two tracts of land will be given on the day of the sale.The title of this property is believed good,but I shall convey only such as is vested in me,as trustee by said deed of trust. S.D. ERIERSON---Sept.29,1840-4t Pr's fee $7.50. SHERIFF's SALE---By virture of a fi fa' to me directed from the Hon. Circuit Court of Tipton County,at it's June term,1840,I shall proceed to sell at public auction for cash,at the Court House door in the town of Covington on Monday 19th Oct.next,Lots ,NO.,s 200 & 201,designated on the plan of the town of Randolph;levied upon to satisfy said fi fa. in favor of James E.STEWART vs Dan VAUGHT.--Sale within the hours prescribed by law. J. HORNE--Shff.of Tipton Co.,Aug.25,1840 -3t.Pr's fee $5. GENERAL ANGENCY--Commission,RECEVING and FORWARDING HOUSE RANDOLPH,TENNESSEE. A.O.HARRIS,recently of Columbis,Tennessee,and West HARRIS,of Randolph,have opened a house at Randolph,under the style of--WEST HARRIS & COMPANY; for receiving and forwarding goods;receiving,storing and shipping cotton and other produce;for the purchase or sale of cotton,and to attend generally to all kinds of business requiring an agent.They pledge themselves to give prompt personal attention to all business confided to their care or management:and respectfully solicit the patronage of those persons having business at that place. A.O.HARRIS West HARRIS February 11,1840.____1 yr. Wm.H.HARALSON Robert C.CAMPBELL Wm.H. HARALSON & COMPANY Commission,Receiving and Forwarding Merchants, Ashport,Tennessee. August,1839___ts. LIST of LETTERS,Remaining in the POST OFFICE at:TOULON,HAYWOOD COUNTY,TENNESSEE,on 1st October,1840.----------James G.ANDERSON; John T. ANDERS; Rev.C.CONNER; John B. FUDGE; Ware HENLEY; Oliver H.HENRY; Elizabeth A.HENDERSON; B.F.JOURDAN. H.I. ANDERSON, Post Master October 17,1840.-3t. ANTHONY H.BROWNE--Commission,Receiving and Forwarding Merchant,New Orleans,after the 1st of October 1840. (June,1840--4m) LAW NOTICE---Henry B.S.WILLIAMS,Attorney-at-Law,having removed from Brownsville to Somerville,will continue to practice his profession.He will attend to the courts of Haywood,Tipton,Shelby,Fayette and Hardeman counties-- and also the Federal & Supreme Courts at Jackson. Somerville,June 16,1840. FOR SALE---The subscriber is desirous of moving farther south,offers for sale,his plantation,situated in Haywood County,ten miles east of Brownsville,near the Hatchie River,containing 1000 acres,of which between 4 and 500 acres are in cultivation.The improvements consist of a comfortable framed dwelling with the necessary out houses,a good gin house,(new Screw),a first rate horse mill,good stables,two excellant wells of water,and common negroes cabins.As the undersigned is very anxious to sell the above tract,any person wishing to purchase a good plantation in a healthy neighborhood would do well to call on him,as a good bargain will be given.------Thomas M. COBB Sept.29,1840.--3t. JAILOR's NOTICE---Was committed to the Jail of Haywood County on the 26th of August,a negro man named Tom,who says he belongs to Dr.John ROSE,of Marshal County,Mississippi---He is between 25 and 30 years old,of dark complexion,5 ft.,10 or 11 inches high,with a small scar over the right eye,has on a blue Janes coat,Buff vest,corded Cassimere pantaloons,and a white Russian hat. James BOWERS, Jailor. Brownsville,Sept.1,1840.--tf. CHANCERY SALE Adam R.ALEXANDER ) complainant versus Samuel A.HOLMES ) and ) defendants William B. GROVE ) as Trustee ) Pursuant to an interlocutory decree made in the above recited cause at the last term of the Chancery Court at Brownsville,I shall proceed to sell at the Court house in the town of Covington,on Monday,the second day of November next,to the highest bidder,on a credit of six months,a certain tract of land lying in Tipton County,Tennessee,containing 250 acres--the locative interest in a 1000 acre tract entered in the name of John JENKINS--Beginning at a mulberry marked S.H., Simon HUDDLESTON,s South-west corner in Stephen STADE's line--thence East with HUDDLESTON's line 286 poles 4 1/2 links to a stake--thence South 144 poles to a stake--thence West 486 poles 4 1/2 links to a stake on the West boundary of the original tract--thence North with said line 144 poles to the beginning---situated in the 11th Surveyors'District,Range 9 and Section 5,being part of Grant NO.21-205,granted by the State of Tennessee to John JENKINS.--Also on other tract containing 500 acres ajoining the above described 250 acre tract on the North,and fronting on the McKensie schute of the Mississippi River--in the 11th Surveyor's Distract, Range 9 and Sections 5 & 6 in Tipton County,and bounded now as follows---Beginning at a willow marked S.S.,Stephen STADE's North-east corner on the bank of the Mississippi River,and the north-west and beginning corner of Grant NO.21206,granted to Simon HUDDLESTON,Sr.,for 2000 acres---running thence South boundry line 190 poles to a stake on the Mississippi River---thence down said River with the meanderings there of North 72 degrees East to the beginning.The above described tracts of land are to be sold without redemption,and a lien retained upon the land for the payment of the purchase money. Sheppard M. ASH, C & M -- -Sept.19,1840.--4t. pr's fee $12.50. CHANCERY CLERK's OFFICE, BROWNSVILLE,TENNESSEE; OCTOBER RULES, 1840 William CONNER and James HUBBARD versus Eli Mc LANE Upon application of complainants by their solicitor,and it appearing to the satisfaction of the Clerk & Master,by affidavit filed,that the defendant,Eli McLANE,is a non-resident of the State of Tennessee,and beyond the jurisdiction of this Court,it is ordered that publication be made in the "District Herald",a newspaper published in the town of Brownsville,for four successive weeks,commanding the said defendant Eli Mc LANE,to enter his appearance herein,before the next term of our said Chancery Court to be held at Brownsville on the 2nd Monday in November,1840,and plead,ansrew or demurr to complainant's bill,or else the same will be taken for confessed and set for hearing ex parte. Sheppard M. ASH, C.& M. The bill states,that complainant,CONNER,bought of defendant two cows,--one for $125,and the other $35--for which he executed his bill single against complainants;that defendants represented to complainant,CONNER,that the cows were of the Durham stock;that he also represented one of said cows as being only five years old in the spring of 1838,and as a very excellant milch cow;that said cow,by name,Rosebud,was several years older than defendants represented her to be,that said defendant had the horns of the said cow filed or scraped smooth,to pass her off for a young cow;that on January,1839,said cow had a calf,and although said complainant,CONNER,had her housed and well fed and great and uncommon pains were taken with her,yet she did not give more than a quart of milk in 24 hours,and was while she lived,the most indifferent cow,and has been an expense to him during her whole existance; that complainant,CONNER,believed the pedigree of said cows,as given by said McLANE is false and untrue;and that said McLEAN(different spelling) knew he was practicing a gross fraud on CONNOR.The bill prays for a writ of injunction to prevent the issurance of an execution on said unjust judgement. J.W. STROTHER,Solicitor for Complainant. October 17,1840.--4t.pr's fee $15.00 CHANCERY CLERK's OFFICE ) BROWNSVILLE, OCT.RULES,1840 ) Peyton SMITH ) vs ) James A.KNOX, John KNOX and ) James BOGGS, partners,trading under) the firm of KNOX,BOGGS & CO., ) and Robert P.COLLIER ) Upon application of complainant by his solicitor,and it appearing to the satisfactory of the Clerk & Master,by affidavit filed,that the defendants,James A.KNOX and James BOGGS,are non- residents of the State of Tennessee,and beyond the jurisdiction of this Court,it is ordered that publication be made in the "District Herald",a newspaper published in the town of Brownsville,for four successive weeks,commanding the said defendants,Jas.A.KNOX, Jno.KNOX, and Jas.BOGGS to enter their appearance herein,before the next term of our said Chancery Court,to be held at Brownsville,on the 2nd Monday in November,1840,and plead,answer or demurr to complainant's bill,or else the same will be taken for confessed,and set for hearing ex parte. Sheppard M.ASHE, C.& M. The Bill states that on 23rd March 1839,the defendant,COLLIER,executed a deed to complainant conveying certain towm lots, land,negroes, and other property in trust for the benefit of certain creditors of said COLLIER,in said deed mentioned that by provisions of said deeds,said COLLIER was to remain in possession of said property eighteen months from and after the execution thereof,and in the event that the claims specified in said deed was not satisfied at that time,then the said property was to be sold by complainant and the proceeds of said sale applied to the satisfaction of the debts specified in the Trust Deed--Said deed was regularly executed,proven and recorded in Tipton County.That the debts specified in said deeds are justly due and owing from said COLLIER; that said deed was made in good faith, and intended to secure said debts and indemnify the endorsers of said COLLIER;that defendants,KNOX,BOGG & CO., obtained a judgement against COLLIER at April Term of the District Court of the United Syayes for the District of West Tennessee at Jackson,for $3462.20, upon writ of fi fa, has issued and been levied upon some property mentioned in said Trust Deed; that the debts for which deeds was executed have not been paid except perhaps $545; that a Bond for the delivery of said property has been executed by some of COLLIER's friends in his absence.Bill prays for an injuction to prevent the sale of said property---for writs,subpoena,etc. SEARCY & LONGWELL, Solicitors October 6,1840.--4t.-- pr's fee $15.00. CHANCERY CLERK's OFFICE ) BROWNSVILLE SEPT.RULES 1840 ) Ellen C. NEWMAN,Exectrix,of John ) NEWMAN,dec'd,Complainant ) vs ) Nathaniel POTTER & Lloyd D. ) ADDISON,Defendants ) Upon application of Complainant by her solicitor,and it appearing to the satisfaction of the Clerk & Master,by affidavit filed,that the defendant,D.Lloyd ADDISON,is a non- resident of the State of Tennessee,and beyond the jursidiction of this Court,is ordered that publication be made in the "District Herald",a newspaper published in the town of Brownsville,for four successive weeks; commanding said defendant,Lloyd D.ADDISON,to enter his appearance herein,before the next term of our said Chancery Court,to be held in Brownsville on the 2nd Monday in November 1840,and plead,answer or demurr to complainant's bill,or else the same will be taken for confessed,and set for hearing ex parte. Sheppard M. ASHE C.& M. The Bill states that on 29th of August 1834,John F.NEWMAN executed a promisory note to defendant,POTTER,for $751.08,due one ___ after date.Said note was given in payment of a store account due to N. POTTER & CO.;that on or about the 3rd October 1835,said NEWMAN drew a Bill of Exchange on Martin PLEASANTS & Co.,for $800,which was discounted in the Memphis Bank,and the money paid to J.POSTLETHWAITE & Co.,of which firm said POTTER was a member.Said money was so paid at the instance of said POTTER,with the understanding that said POTTER was to credit said note of $751.08 by the amt.of said Bill of Exchange,which was paid by said NEWMAN with a shipment of cotton; that after the death of said NEWMAN,said POTTER issued a writ against complainant founded on said note $751.08,and obtained judgement on the same,to the use of said defendant,ADDISON;that there is no endorsement to ADDISON on said note,and that no credit has been made for the amount of said Bill of Exchange; that execution has been issued on said judgement, and about to be levied upon the property of said John F.NEWMAN,dec'd. The Bill prays for writs of Injuctions,Subpoena &c. J.W. HARRIS Solicitor for Complainants September 19,1840 pr's fee $12.50 NOTICE-----Liberal cash advances made in Cotton and Tobacco consigned to Messrs.ANDREWS & BROTHERS, commission merchants,New Orleans; by M.GRIDLEY,Agent---Memphis.24th October 1840.-6m.P.S. He will also supply their customers with Bagging & Rope,at cost and carriage. CAUTION-----Sometime during the fall of 1839,I executed a note to I.PEARCE & Co.,for one hundred and twelve dollars with a credit of six dollars thereon,due the 25th day of December,1840,or 1st January,1841.As the consideration for which said note was given,has failed--I am resolved not to pay it,unless compelled by law.The public is hereby forwarned not to trade for said or taken an assignement of the same. Field T.SOUTHHALL October 24,1840.--4t. CHANCERY CLERK's OFFICE ) BROWNSVILLE OCTOBER RULES 1840 ) James BOYD & Robert BOYD,late ) merchants under the firm of ) J. & R. BOYD---Complainants ) vs ) Nathaniel DICK, James DICK,& H.R.HILL ) merchants and partners,under the firm of ) N.& J. DICK & Company--defendants ) Upon application of complainants by their solicitors,and it appearing to the satisfaction of the Clerk & Master,by affidavit filed,that the defendants,Nathaniel DICK,James DICK,and H.R.W. HILL,are non-residents of the State of Tennessee and beyond the jurisdiction of this Court,it is ordered that publication be made in the "District Herald," a newspaper published in the town of Brownsville,for four successive weeks,commanding the said defendants,Nathaniel DICK, James DICK, and H.R.W.HILL to enter their appearance herein,before the next term of our said Chancery Court to be held in Brownsville on the 2nd Monday in November,1840. Sheppard M.ASHE C.& M. The Bill states that one W.B.PRIOR purchased of complts.,several negroes and executed his note for the same; that by mistake,or otherwise,one of the notes for $6666.66 was made payable to complainants and signed by said PRIOR,on the back of which Joseph JONES and Thomas J. MULHOLLAN signed their names with the express undertanding that they were the endorsers of said PRIOR; that complainants purchased a stock of goods from defendants,one of the firm (to wit; H.R.W. HILL) agreeing to take said note with this understanding that complainants were not to be made liable until the insolvancy of said PRIOR,JONES & MULHOLLAN was that suit was instituted against complainants by defendants on said note; that complainants wrote to said H.R.W. HILL,and requested that sais suit might be stopped until an effort was made to collect the amount of said note out of said PRIOR, JONES, & MULHOLLAN; that complainants received a letter from Mr.HILL, answering them that they had by the mail which carried said letter written to his Attorney,not to press said suit,which said assurance is filed with the Bill.In the meantime,however,a judgement was rendered against complainants for $6314.81 on said note;that contrary to said express agreement and assurance from said HILL: an execution has issued on said judgement;that said PRIOR, JONES, & MULHOLLAN,all have property in their possession of value more than sufficient to pay said debt,which is liable to execution. STROTHERS & LOVING; Solicitors October 10,1840 pr's fee $17.50. CHANCERY CLERK's OFFICE ) BROWNSVILLE, OCTOBER RULES, 1840 ) Charles G. FISHER, Executor of Daniel A.DURHAM,dec'd ) versus ) John W. & C.C. HARRIS and William YERGER, ) surviving partner of HASKILL & YERGER ) Upon applications of complainant by his solicitor,and it appearing to the satifaction of the Clerk & Master,by affidavit filed,that the defendant,William YEAGER(different spelling) is a non-resident of the State of Tennessee,and beyond the jurisdiction of this Court,it is therefore ordered that the publication be made in the "District Herald,"a newspaper published in the town of Brownsville for four successive weeks,commanding the said defendant,Wm.YEAGER to enter his appearance hereto before the next term of our said Chancery Court to be held at Brownsville,on the 24th,Monday,November 1840,and plead and answer or demurr to complainant's bill or else the same will be taken for confessed and set for hearing ex parte. Sheppard M. ASHE C.& M. The Bill states that in 1836,Daniel A. DUNHAM made his last will and testament appointing complainant Executor of his estate,together with Laurania DUNHAM,his Executrix, and Daniel T.DUNHAM co-executor;that Daniel T.DUNHAM,being in Texas,the settlingof the estate devolved on complainant; that complainant being desirous to procure authority from the proper source to sell part of the real estate of his testator,engaged the services of Joshua HASKILL and defendant John W.HARRIS, who drew up a petition for complainant and obtained a decree from the Circuit Court of Tipton County,to sell said land; that the heirs of said DUNHAM,dec'd,were not made parties to said petition and consequently said decree was void and of no effect; that complainant,in consideration of the professionals services of said HASKILL & HARRIS in obtaining said decree,executed his note to them for $250 in his capacity as Executor; that said HASKILL proffered to deduct $100 from said note or due bill,in consideration of said decree's being void,to which proposition complainant refused to accede. FARRINGTON & McCLANAHAN Solicitors October 6,1840--4t--pr's fee $15. CHANCERY CLERK's OFFICE ) BROWNSVILLE,OCTOBER RULES,1840 ) Henry SHEARIN ) vs ) Joel WHITFIELD ) Upon application of complainant by his solicitor,and it appearing to the satisfaction of the Clerk & Master,by affidavit filed,that the defendant,Joel WHITFIELD,is a non-resident of the State of Tennessee,and beyond the jurisdiction of this Court,it is ordered that publication be made in the "district Herald,"a newspaper published in the town of Brownsville for four successive weeks,commanding the said defendant,Joel WHITFIELD to enter his appearance herein,before the next term of our said Chancery Court,to be held at Brownsville,on the 2nd Monday in November,1840,and plead,answer or demurr to complainant's bill,or else the same will be taken for confessed and set for hearing ex parte. Sheppard M.ASHE C.& M. The Bill states that in the year 1836 complainant purchased from defendant a certain tract of land of 129 acres,for which he agreed to pay $600,payable as follows:$300 on the 25th December 1836; and $300 on the 25th December 1837;for which he executed his notes.Defendant gave complainant a bond for title,covenanting to convey said land to complainant by a general warantee deed when the purchase monet should be paid;that complainant has discharged said first note;that he is willing and able to pay the other note, and proffered to do so to the agent of defendant if he would execute a deed for the land; that said agent is unable to make a deed,and complainant believes that the defendant has no title to said land,or if he has,he refuses to convey the same to your orators; that defendant has instituted suit upon the last mentioned note,and recovered judgement on the same,in the Circuit Court of Haywood County; that complainant took an appeal from said judgement to the Supreme Court of Errors and Appeals at Jackson;that said judgement was then affirmed against your orator and his securities for $388.88 and $17 costs--upon which an execution was issued,and is about to be levied upon the property of complainant; that since execution came into the hands of the Sheriff,complainant has offered to pay the same to the agent of WHITFIELD if he would comply with said Title Bond.The Bill prays for an injunction to prevent the collection of said judgement,and for subpoena & c.,and that said defendant answer the charges and allegations of the same speedily and particularly according to the best of his information. BROWN & McCORRY Solicitors October 6,1840--4t--pr's fee $15.00. END THIS ISSUE. SOURCE: TENNESSEE STATE ARCHIVES MICROFILM ROLL #101 Misc.,& BROWNSVILLE STATE GRAPHICS; DEC.1838--DEC.1905