Jackson County, TN -Chancery Court- James W Jones vs C C Mahanay - 1881/1882 ==================================================================== 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: Karen Raichle KRai3@aol.com =================================================================== Source: Jackson County Chancery/Circuit Loose Records Roll: #97 McKoin-Maxwell, G. 1839 - 1915 To the Hon. W.G. Crowley Chanceller of the Chancery Court of Jackson County Tennessee The bill of complaint of James W Jones of Jackson County against Columbus Mahaney of said County Humbly complaining your orator would resepctfully show that there is a certain tract of land lying Jackson County and district No 11 of said County and on the waters of Flynns Creek and bounded on the North by the lands of Joshua Haile Sr.Thomas Gailbreath William Reeves; on the East by the lands of the Heirs of Daniel Pleasant, on the West by the lands of George C Darwin, on the South by the lands of your orator, it being the tract on which the defendant now lives that on or about the 9th day of (January crossed out) June 187? (appears to have been a 4 then changed to a 3) Your orator being the owner of said land sold the defendant at the price of (unreadable) acre and made him a bond for same to make title when the purchase money was paid and that by note for the purchase price which is in the words and figures following: $300 25 Six months of date I promise to pay James W Jones the sum of three hundred and twenty five dollars for value received of him witness my hand and seal This June 9th 1872(3?) This note is to draw ten percent from the 1st day of January 1874 until paid Signed Colummbus Mahanay That on the ______ day of 18_____ the defendant paid _____________ and promise to pay the balance of said note but never has done so and the balance remains due and unpaid amount all with interest to about $400.00 dollars The land is not of value sufficient to pay the balance of said note and cost and the defendant is unsolvent at law That defendent has commited waste on said land by cuting and removing the valuable timber on said by destroying and suffering to be destroyed a young orchard of apple and other trees on said land. Said bond was so conditioned that defendant was to pay rent when he failed to keep down the interest on said note, that there is interest due and unpaid on said note That defendant has removed the lumber and land to the value of several hundred dollars and has then reduced the value It was covenanted by the defendant as is witnessithed by def bond that in case said land should be sold your orator was to have the preference in buying said land at the price of one hundred dollars less than what others would give for the same The previous considered your otator prays for copy & process and for an injunction to enjoin the defendant from comitting waste that land is to be sold for the payments of said indebtedness that contract of the defendant by which he was to let your have said land at one hundred dollars be enforced and for general relief This the first application for writ of enjunction The said land be sold (remainder faded and unreadable) Joshua Haile Sol Came before me James W Jones made oath the allegations in this bill are true to the best of his Knowledge and belief his James X Jones mark Test J.T. Anderson DC & M ------------------------------------------------------------------------------------------ The file includes a second copy of the complaint in a different handwriting that is much easier to decipher To the Hon W.G. Crowley Chancellor of the Chancery Court of Jackson County Tennessee The Bill of Complaint of James W Jones of Jackson County Against Collumbus Mahanay of said County Humbly complaining your orator respectfully show that there is a certain tract of land laying in Jackson County in District No 11 of said County and on the waters of Flynns Creek and bounded on the North by the lands of Joshua Haile Sr, Thos Gailbreath William Reeves, on the East by the lands of the heirs of Danniel Pleasant on the West by the lands of George C Darwin on the South by the lands of your orator. It being the tract on which the deft now lives, that on or about the 1st day of June 1873 your orator being the owner of said land sold the same the defendant at the price of #325.00 and made him a title bond for same to make title when the purchase money was paid and took his note for the purchase price which is in words & figures following $325.00 Six months after date I promise to pay James W Jones the Sum of Three hundred & twenty five dollars for value received of him witness my hand & seal This June 9, 1873, This note is to draw ten percent interest from the first day of January 1874 until paid Collumbus Mahanay that on the day of 18 the defendant paid and promised to pay the balance of said note but never has done so and the balance remains due & unpaid amount in all with interest to about $403.00 the land is not of value sufficient to pay the balance of said note & cost and the defendant is insolvent at law. That defendant has commited waist on said land by cuting and removing the valuable timber on said by destroying & suffereing to be destroyed the young orchard of Apples & other trees on said land. Said bond was so conditioned that defendant was to pay rent when he failed to keep down the interest on said note that there is interest due & unpaid on said note that defendant has removed the timber from said land to the value of several hundred dollars & has thus reduced the value. It was covenanted by the deft as is witnessed by said bond that in case said land should have to be sold your orator was to have the preference in buying said land at the price of one hundred dollars less than what others would give for the same. The premises condisered your orator prays for copy & process and for an injunction to enjoin the defendant from commiting waste that the land be sold for the payment of said indebtedness that contract of the defendant by which he was to let your have said land at one hundred dollars less &c be endorsed & for general relief. This is the first application for writ of injunction. That said land be sold on a credit of not less than six months without the right of redemption (signed) Joshua Haile Sol. A copy by J. T. Anderson D C & M ------------------------------------------------------------------------------------------- We C C Mahanay & T M Shaw are held and firmly bound unto James W Jones in the penne Sum of two hundred and fifty dollars to be void if Said C C Mahany shall pay all costs which Shall be adjudged against him in a Suit he has this day commenced in Chancery at Gainesboro against Said James W Jones & others were to Remain in full force & virtue Witness our hands & Seals this the 12 th day of May 1873 C C Mahanay signed T M Shaw signed Test R A Cox C & M ------------------------------------------------------------------------------------------- In the Name of the State of Tennessee. To the Sheriff of Jackson County, GREETING: You are Hereby Commanded that of the goods and chattles, lands and tenements of C C Mahaney you make, or cause to be made, the sum of Twenty One 10/100 Dollars the bill of costs hereon endorsed, to satisfy a judgment and decree rendered against them by the Chancery Court at Gainesboro on the 7 day of October 1875, in the case of C C Mahaney vs James Jones & Wm Young in said Court, and have you said moneys before the Court, at the Court House, in Gainesboro on the Second Monday in March 1876, ready to render as the law directs. Witness, Rob't A Cox, Clerk and Master, at office, in Gainesboro, on fourth Monday in September 1875 R A Cox C. & M. BILL OF COST ______________________________________________________________________________ State Tax $5.00 County Tax $5.00 C & M Cox Februry Bill 25 ofsing & Subpoennas to answer 150 2 copies of bill at 125 - 250 1 Pauper affidavit in lieu of Bond 25 docketing case 120 3 continuancy 75 Judgment final 75 ofn cert 25 Bill of Cost 50 1 order 25 Enrolling Bill 125 ofsing paper with Call of Cost endorced 65 _____________________________________________ 10.10 Shff J W Smallwood Executing 1 subpoena to answer 1.00 ______ $21.10 R A Cox C & M ------------------------------------------------------------------------------------------- State of Tennessee} Jackson County } To the Sheriff of Said County, Whereas in the case of James W Jones vs C.C. Mahanay in the Chancery Court at Gainesboro Tennessee at September Term 1881 of said Court there was an order made in said cause for the clerk & master to rent out for the year 1882 the lands involved in said cause provided the defendant failed to give bond & security within reasonable time which he failed to do & thereupon the Clerk & Master rented out said land to E. H. Jones who gave James W Jones as his security and it appearing to the Clerk & Master that deff C.C. Mahanay is now in possession of said lands which ly in the 11th District of Jackson County Tennessee on the waters of Flynns Creek & bounded on the North by lands of J Haile Sr, Thos Galbreath Wm Reeves and on the East by lands of Danniel Plasant West by lands of G.C. Darwin & South by lands of J. W. Jones. Now therefore you are hereby commanded to dispossess the said C. C. Mahanay & all other persons of said lands and put the tenant E. H. Jones in the possession thereof and have you this writ before said Court at the Courthouse in Gainesboro Tennessee on the 2nd Monday in March next & show how you have executed the same. Witness H. W. Williams Clerk & Master of said Court at office in Gainesboro on the 4th Monday in September 1881 H. W Williams C & M ______________________________________________________________________________________ J. W. Jones writ vs of possession C. C. Mahanay ________________________________ Issued 20th Jany, 1882 H.W. Williams C & M Returned not executed because the party had give the possession G.R. Maddux Shff _________________________________ ------------------------------------------------------------------------------------------- State of Tennessee To the Chancellor of the Chancery Court sitting at Gainesboro in said Sate. The Bill of complaint of Columbus C. Mahany of Jackson County Tennessee Against James Jones of Jackson County Tennessee and Wm Young of Smith County Tennessee. Humbly complaining showeth unto your honor you orator, Columbus C. Mahaney, that in December 1872, your orator purchased of said William Young, a tract of land in Jackson County, Civil district No. 11, on a part of which your orator now lives, the same lately occupied by Tobias Gipson. It consists of one hundred acres more or less. You orator charges, that, before making it, your orator agreed with defendant Jones to permit him (Jones) to have an interest in it as a partner. He furthers charges that he (your orator) bought the land at the price of five hundred dollars, and agreed with defendant Jones that he should be a partner in the purchase. He further alleges that, he and defendant Jones, agreed on a dividing line, and said Yound by his agent Bucke Hart, put your orator in possession of his part, and your orator how has it in possession. For the part assigned to your orator he was to pay three hundred dollars. He charges that Jones fraudently procured the bond fees title to be made to himself. He, by persuasion, induced your orator to consent that Young should make the bond to defendant Jones which was done. To induce your orator to consent that the bond should be so made defendant Jones promised your orator, that if he could get the bond from Young, that he (Jones) would make your orator a bond for the part assigned to your orator. Upon this promise your orator consented and did so more readily, because, defendant Jones was and is his father in law. He charges however that since he had the bond defendant Jones fraudently refuses to make your orator the bond as to let him have any interest in the land, but declares, if there is profit in it that he will have it all. Your orator charges that he regards the purchase a good one. The land was cheap at five hundred dollars. There is a large quantity of valuable timber on it to make lumber. Your orator is interested in a steam saw mill and bought the land in part for the fine timber on it. and also to make it a home. On account of this purchase, the mill was (_____) and set down near there, and now defendant Jones fraudently refuses to let your orator have any interest in it. The contract further was that the land from Young was to be made to defendant Jones, and Jones was to execute bond to your orator was to pay his three hundred dollars directly to Jones. He charges that he has repeatedly offered to pay Jones, the money, and is still willing to pay him when he will accept same, as the court shall direct, but he fraudulently refuses to accept the same, and declares his purpose, to hold all the land -- and covant all the profitt to his own use. The premises considered may it please your honor as to grant, that the parties mentioned as such in the caption be made defendants to this bill, that proper process issue, and that they be compelled not on oathe to answer all the allegations in this bill, and upon a final hearing, the said court act, between your orator and defendant Jones he specifically executed, and the title decreed to the portion assigned your orator, when he shall have paid for the same, in accordance ------------------------------------------------------------------------------------------- State of Tennessee To the Sheriff of Jackson County Greetings Summon James Jones to appear before the Chancellor of the 5th Chancery Division of the State of Tennessee at the next term of the Chancery Court to be holden at the court house in the Town of Gainesboro in Jackson County Tennessee on the 4 Monday in October 1873, then and there to enter his defence to a Bill in Equity filed in Said Court against him & others by Columbus C Mahanay and have you then and there this writ Witness Robert A Cox Clerk and master of our Said Court at office in Gainesboro 4 Monday in April 1873 R A Cox C & M By Nathan M Cox D C & M ------------------------------------------------------------------------------------------- Columbus C Mahaney In Chancery Court of Jackson County Tennessee vs } James Jones & Wm Young The defendants James Jones and William Young by solic Cox? (Emme?) Cox? [next three words undecipherable] Complainant is not sufficient in law because 1. Complainant does not show facts constituting a fraud upon him but shows that he consented to making of title bond to deft Jones and does not show that he has paid or tendered the purchase money which he agreed to pay and show no date or facts giving him a bill [next three lines of the document too faded to be legible] nor any agency on the face of the bill and showing that he was to buy of Jones and pay "directly" to him he shows no writing whereby a bond or charge Jones or make the case out of the [next three words undecipherable] against fraud and [unreadable] 2. He shows no irreparable injury likely to issue to him so as to maintain it as a bill [guin tinise???] 3. the facts shown exhibit [unreadable] of Equity is due [unreadable] for the reasons shown in this [unreadable] Nothing having been paid or advanced by him &c Whereupon these defendants pray judgement against Bill and decree be dismissed &c unreadable signature Solicitor for defts