JACKSON COUNTY, TN - COURT - Wade Jones vs. Reece Jones http://files.usgwarchives.net/tn/jackson/court/jones05.txt ==================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. 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: Lynda McLaren ==================================================================== Jackson County Chancery Court Minutes Book P, 1901-1909, page 200 (1904) Wade Jones } Thursday March 24, 1904 vs } Reece Jones, Dock Jones } Catrine Jones et al } The Bill in this cause praying a sale for partition but the facts not sufficiently appearing. It is ordered by the Court that the Master hear proof and report instanter at his office. 1st Who are the owners of the premises sought to be sold and the respective rights, titles, and interest of the parties therein and what share or part belongs to each. 2nd Whether the premises are so situated that partition thereof cannot be equitably made or whether they are of such description that it would be manifestly for the advantage of the parties that the same should be sold instead of partitioned. 3rd Whether there are any encumbrances on the premises not disclosed in the pleadings, if so what and to whom belonging. This order shall operate as notice to all the parties of the time and place of taking the proof preparatory to taking the account. Jackson County Chancery Court Minutes Book P, 1901-1909, pages 211-214 Wade Jones } vs } Final Decree Reece Jones Et al } This cause came on to be heard this March 28th 1904 before Chancellor D. L. Lansden upon the pleadings and proof and the report of the master which report is as follows Wade Jones vs Reece Jones -- Report of C&M To the Honorable D. L. Lansden Chancellor In compliance with an order of reference made in this case on a former day of this term, I respectfully report as follows: Upon the first question referred, I report that the lands sought to be sold in this cause belong to the heirs of James W. Jones decd. He had ten children some of whom are decd and left children in titled to share in the distribution of his estate. The following are the names of his children and grandchildren and the interest each is in titled to in the division thereof. Complainant Wade Jones is a son of James W. Jones decd & is in titled to one tenth, Reece Jones a son, one tenth, Dock Jones a son one tenth, Catherine Jones a daughter one tenth, Maggie Montgomery, a minor & only child of Elijah Jones, who was a son of said James W. Jones decd, one tenth, Marion Allen only child and a minor of Fannie Allen a decd daughter of James W. Jones decd, one tenth, Nettie Spurlock a daughter of James W. Jones decd one tenth, Thomas Jones and Maggie Jones, minors and children of Julia Jones a decd daughter of James W. Jones decd, one tenth between them or one twentieth each, John Jones a son of James W. Jones decd is also decd and left Sidney T. Jones, Jane Jones, Will Jones, M. W. Jones, Claudy Jones, Milton Jones and James Jones who are in titled to one tenth between them, being one Seventieth each, Peggy Mahaney a decd daughter of James W. Jones decd left the following children who are in titled to one tenth to be divided between them to wit Josie Gipson, Etta Bishop, Rebeca Allen and Alice Allen which would be one fortieth to each of Said last named children. See bill & answer. On the second question referred, I report from the proof taken and on file that the lands are So Situated that they cannot be advantageously partitioned in kind among those entitled thereto. It is rough hollow land and very steep and broken and there are not sufficient building sites for each to have a home. There are but few building sites on said land suitable upon which to build a house and the parties being so numerous and so many minor children, such a division could not be had without material damage to the value of the different shares. I therefore report that it would be manifestly to the best interest of all the parties and especially the minor defendants that said lands be sold and the proceeds of sale divided among the respective owners. The depositions of Marion Johnson & G. G. Haile also bill and answer. Upon the third question referred, I report that there are no incumbrances on said land so far as the record and the proof shows. All of which is respectfully submitted to the Court at March special term 1904. W. M. Gailbreath C&M Filed March 28, 1904 W. M. Gailbreath C&M And said report being unexcepted to, is by the Court in all things confirmed, and the Court being satisfied that the facts are as set out in said report, the respective rights and interests of the parties are adjudged and settled accordingly, the share of each part being as reported by the Master: It is therefore ordered and decreed by the Court, that said tracts of land be sold for partition, subject however to the widow's homestead and dower rights on all that part of the same covered and included in her homestead and dower, and that the Master sell the same according to law on a credit of one, two, & three years except twenty percent cash to the highest and best bidder, taking notes bearing interest from date with approved personal security for the deferred payment and retaining a lien on the land for further security. Said tracts of land are described as follows: The homestead lies in the 11th Civil of Jackson County on Shakerag branch and bounded on the north by John Jones & E. A. Brown, on the East by Reece Jones and Thomas Henessee. On the South by lands of Brown & Gipson, on the west by lands of John Jones heirs being same on which James Jones lived at the time of his death, and had lived, held and occupied for a period of more than forty years containing fifty acres. Also one other tract, bounded on the East by John Jones land, on the South by the lands on which Wade Jones now lives and on the West by lands of G. C. Darwin Sr. and north by W. J. Reeves tract and Robert Pruett & T. J. Draper containing about eighty acres. The above two tracts have been assigned to the widow Lucinda Jones as homestead. Also one other tract bounded on the East by the lands of John Jones heirs, on the South by G. C. Darwin Sr. & North by the above described eighty acres tract containing fifty acres more or less out of this tract the dower has been assigned to the widow Lucinda Jones by a proceeding in the County Court of Jackson County Tennessee in which proceeding this homestead as above recited has also been assigned. The dowry as reported by the commission is bounded as follows: Beginning on a beech with a cross mark on it standing near the branch, thence up the hill in South East direction to the top of the ridge until it intersects the line of lot No. 1 assigned as part of the homestead this lot being on the South Side of the branch. The Master will report his action to the next term of this court until which time all further questions are reserved. If there is a special term in June next he may make his report to that term. Jackson County Chancery Court Minutes Book P, 1901-1909, pages 231-233 (1904) Wade Jones Wednesday June 22, 1904 Special vs } Decree Confirming Land Sale Reece Jones Et al } This cause came on to be further heard by the special Chancellor Geo. G. Haile on this the 22nd day of June 1904 on the pleadings and proof and especially on the Masters report of sale to the present term which report is in the records and figures following -- Wade Jones vs Reece Jones Et al -- on Chancery Court Jackson County Tenn. In this cause the undersigned respectfully reports that he pursuant to an interlocutory decree pronounced herein at the March term 1904 after advertising the time & place of sale in the Gainesboro Sentinel, a newspaper published in Gainesboro, Tenn as required by law, proceeded on the 2nd day of May 1904 at the Courthouse door in Gainesboro, Tenn to sell at public auction to the highest bidder, the lands mentioned and described in the pleadings and in said decree. I sold said lands in three different lots to wit: Wade Jones tract out of which the widow's dower had been assigned, which is fully described in the decree in this case when Wade Jones became the purchaser at the price of four hundred and fifty dollars ($450.00) he being the highest and best bidder, and he complied with the terms of the sale by paying cash in hand 20% of the purchase price $90.00 and executed his three promissory notes for balance of the purchase money for $120.00 each due respectively in one, two, and three years after date, and bearing interest from date with James R. Spurlock security thereon which notes are good and a lien retained on the land as further security. Said tract was sold subject to the dower rights of the widow. I next offered the eighty acres tract described in the pleadings & decree and a part of the homestead of the widow. When S. T. Jones became the purchaser at the price of Five hundred and thirty dollars ($530.00) he being the highest and best bidder and he complied with the terms of the sale by paying cash in hand 20% of the purchase price ($106.00) and executed his three promissory notes for balance of the purchase money for $141.33-1/3 each due respectively in one, two, and three years after date and bearing interest from date with James R. Spurlock and Frank Richmond Securities thereon, which notes are good and a lien retained on the lands as further security. The same was sold subject to the homestead rights of the widow. I next sold the fifty acres tract known as the home place and a part of the widow's homestead of the widow, when M. Y. Jones became the purchaser at the price of $75.00, he being the highest and best bidder and he paid the 20% cash in hand and executed his three promissory notes for the balance of the purchase money of $20.00 each due in one, two and three years, respectively bearing interest from date with Johnson Spurlock security thereon, and a lien retained on the land as further security. This tract was also sold subject to the homestead rights of the widow. All of which is respectfully submitted this June 13, 1904. W. M. Gailbreath C&M Endorsed Filed June 13, 1904 W. M. Gailbreath C&M And said report being unexcepted to is in all things confirmed. It is therefore decreed that all the right, title and interest of all the parties to this suit -- complainant and defendants -- and especially of such as are the heirs of James Jones decd in and to said three lots of land, be divested out of them and that the title to the fifty-acre tract known as the Wade Jones tract be vested in Wade Jones subject to the lien retained for unpaid purchase money. Said tract lies in the 11th Civil district of Jackson County, is bounded and described as follows: Bounded on the east by the lands of John Jones heirs, on the South by G. C. Darwin Sr., and west by G. C. Darwin Sr. and north by the 80-acre tract described hereafter. That the title to the eighty-acre tract be vested in S. T. Jones subject to the lien retained for unpaid purchase money. Said tract lies in the 11th Civil district of Jackson County and is bounded and described as follows: Bounded on the East by John Jones lands, on the south by the land where Wade Jones now lives, on the West by the lands of G. C. Darwin Sr., and North by W. J. Reeves tract & Robert Pruett & T. J. Draper. That the title to the fifty-acre home tract be vested in M. Y. Jones subject to the lien retained for unpaid purchase money and bounded and described as follows. Bounded on the North by John Jones & E. A. Brown, on the East by Reece Jones and Thomas Henessee, on the South by the lands of Brown or Gipson, on the West by lands of John Jones heirs. On paying the legal fees, therefor, the said purchasers may have a copy of this decree for registration as a muniment of title to said land, or if they so prefer, the Master will make to each of them a deed conveying to each his respective parcel in fee. Out of the proceeds of said sale, as paid in, the Master will retain enough to pay all the costs of this cause, and then he will pay the balance to heirs as follows: To Complainant - Wade Jones one tenth 1/10 " Reece Jones one tenth 1/10 To Dock Jones one tenth 1/10 To Catherine Jones one tenth 1/10 To Maggie Montgomery a minor and only child of Elijah Jones, a decd son of James Jones, one tenth 1/10 To Marion Allen, a minor and only son of Fannie Allen, decd daughter of James Jones one tenth 1/10 To Nettie Spurlock one tenth 1/10 To Thomas Jones and Maggie Jones, minors and children of Julia Jones a decd daughter of James Jones one tenth 1/10 between them, being one twentieth to each 1/20. To Sidney T. Jones, Jane Jones, Will Jones, M. W. Jones, Claudy Jones, Milton Jones, and James Jones, only children of John Jones decd, a son of James Jones are entitled to one tenth between them or one seventieth each. To Josie Gipson, Etta Bishop, Rebecca Allen and Alice Allen, children of Peggy Mahaney, are entitled to one tenth between them or one fortieth each. On motion of J. T. Anderson & T. M. Gailbreath solicitors who filed the bill in this cause, the Court is pleased to refer the matter of their fees to the Clerk & Master who will take proof and report to next term what would be reasonable compensation to said solicitors for their services in this cause. The C&M will report to this term if practicable if not to the next term. He will also report as to the fees of M. J. Dixon guardian ad litem in this case and S. M. Tinsley solicitor for some of the defendants. This order will operate as notice to all the parties. Jackson County Chancery Court Minutes Book P, 1901-1909, page 248 (1904) Friday June Special term 1904 Court met pursuant to adjournment - present and presiding Honorable D. L. Lansden Chancellor when the following proceedings were had and entered of record to wit. Wade Jones } vs } order for Scire facias Reece Jones & others} Be it remembered that this cause came on to be heard on this the 24th day of June 1904 before Chancellor Lansden, when the death of defendant Reece Jones was suggested and admitted and that he died on the 24th day of April 1904 intestate in Jackson County Tennessee, that Margaret Jones is his widow, and the following named children are his only heirs at law. Viz, Henry Jones aged 30 years, James F. Jones aged 26 years old, John S. Jones 22 years old, Weston Jones aged 19 years, Herman Jones aged 17 years, Sarah L. Jones aged 15 years, Fannie Jones aged 13 years, and Thomas Jones aged 11 years. That all of said parties are citizens of Jackson County Tenn and are necessary parties to this suit. It is therefore ordered by the Court that Scire facias issue to the Sheriff of Jackson County commanding to summon all of said parties to appear before the Clerk & Master of this court at his office in Gainesboro, Tennessee on the first Monday in August next to show cause if any they have or can why this suit should not be revived against them & stand in the same plight and condition that it did at the time of the death of Reece Jones decd. The decree confirming the sale at this term of the Court in this case, and all other orders, decrees or steps taken in the case since the death of Reece Jones decd are now set aside and for nothing held. It is further suggested and admitted that said minors are without general guardian. Guardian ad litem will therefore be appointed to defend for them after they are summoned into Court. Jackson County Chancery Court Minutes Book P, 1901-1909, pages 266-267 (1904) Friday morning September the 23, 1904 Court met pursuant to adjournment present and presiding Hon D. L. Lansden Chancellor when the following proceedings were had & which of record to wit: Wade Jones } vs } Order Reviving against heirs & Reviving Former order of Sale Reece Jones Et al} Be it remembered that this cause came on to be heard on this the 23 day of September 1904 before the Court, upon the pleadings, proof and all former orders and decrees, and especially on motion of Complainant to have the Cause revived against the widow & heirs of Deft Reece Jones decd. When it appeared to the Court, that the widow & heirs of said Reece Jones decd are all before the Court by service of process and that answer has been filed and defense made for the minors & pro_____ taken before the Master as to all the adult defendants, when upon full understanding by the Court of the whole matter, the Court is pleased to and doth order that this Cause be now revived against all of Said parties and that it stand in the same plight and condition that it did at the time of the death of Reece Jones on the 24th day of April 1904. It further appearing to the Court that the land heretofore decreed to sell in this Cause was at the time of the death of Reece Jones advertised to sell on May 2nd and that the sale was made on May the 2nd and report of sale was filed on June 13, 1904 at the time when the case was not fully at issue. The Court therefore is pleased to set aside said sale and order that the notes and cash percent be refunded to the purchasers, that the order of sale revised and that the Clerk & Master will advertise according to law and sell said land in accordance with the former decree of Sale in this Cause, and will report to next special term, if one shall be had, if not, then to the next term. All other questions are reserved. Therefore Court adjourned until Tuesday morning September 27, 1904. D. L. Lansden Chancellor Jackson County Chancery Court Minutes Book P, 1901-1909, pages 287-288 1905) Thursday Morning Jany 26, 1905 Court met pursuant to adjournment present and presiding Hon D. L. Lansden Chancellor when the following proceedings were had and entered of record to wit: Wade Jones } vs } Decree Reece Jones Et al} This cause came on to be further heard before the Hon D. L. Lansden Chancellor on this the 26th day of January 1905 on the pleadings and proof and especially upon the Master's report of sale of the lands decreed to be sold in this case which report is in the records and figures following: Wade Jones vs Reece Jones Et al. In Chancery Court In this cause the undersigned respectfully reports to the Court, that he, pursuant to an interlocutory decree pronounced herein at the September special term 1904 after advertising in the Gainesboro Sentinel as required by law and by said decree proceeded on the 20th day of October 1904 in front of the Courthouse door in Gainesboro Tenn to sell at public auction to the highest bidder and in bor? of the equity of reduction the property mentioned and described in the pleadings and in said decree, subject to the homestead & dower rights of the widow found on pages 231-2&3 of this book when W. W. Jones being the highest, best, & last bidder became the purchaser at the price of eleven hundred dollars, who complied with the terms of sale by paying in hand, two hundred & twenty dollars & for the remainder of the purchase money executed notes for $293.33-1/3 due respectively in one, two, and three years after date and bearing interest from date with J. W. Stafford, F. D. Hopkins & James R. Spurlock securities thereon which notes are good and a lien retained on the land as further security. All of which is respectfully subscribed this 20th day of Oct. 1904 W. M. Gailbreath C&M Endorsed Filed 20th day of Oct. 1904. W. M. Gailbreath C&M And said report being unexcepted to is in all things confirmed. It is therefore decreed that all the right, title and interest of all the parties to this suit - Complt and defendants and especially of such as are the heirs of James W. Jones decd to said land be divested out of them and that the title thereto be vested in W. W. Jones, the purchaser, subject to the lien retained for the unpaid purchase money upon his payment of the legal fees thereto, the Clerk & Master will make to said purchaser W. W. Jones a deed to said land when all the purchase money is paid. Jackson County Chancery Court Minutes Book P, 1901-1909, pages 288-289 (1905) Wade Jones } vs } Order of reference as to fees Reece Jones Et al} On motion of J. T. Anderson & T. M. Gailbreath solicitors who filed the bill in this Cause, the Court is pleased to refer the matter of their fees to the Clerk & Master who will take proof and report what would be reasonable compensation to said Solicitors for their services in this Cause. The C&M will report to this term if practicable, if not, to the next term. He will also report as to what would be reasonable compensation for M. J. Dixon guardian ad litem in this case, also as to S. M. Tinsley who is solicitor for some of defts. This order will operate as notice to all the parties, On motion of G. G. Haile and it appearing to the Court that he represented the minor heirs of Reece Jones decd it is ordered by the Court that the Clerk & Master also take proof and report at the same time as to what would be reasonable compensation for his services as such guardian ad litem. Thereupon Court adjourned until tomorrow morning at 9 o'clock. D. L. Lansden Chancellor