JACKSON COUNTY, TN - COURT - White et al vs Anderson et al 1852 ==================================================================== 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 KarenRai@aol.com ==================================================================== Jackson County Chancery Court Minute Book B Benjamin C White & wife Polly Edith Johnson, Benjamin Mahany, John L Mahany, Loyd Mahany, Jonathan Roberts and wife Jane, Ranson Mahany Jr William Mahany Jr Marion M Mahany, Job Mahany, Oliver P Mahany Thos R J Mahany & William Mahany Sr Complainants VS Edward Anderson & wife Cinderilla, Ranson Mahany Sr Jacob Johnson & his wife Margaret, & Thomas R Mahany defts Be it remembered that on this 20 March 1852 the above cause came on to be heard before the Honorable B.L. Raley Chancellor upon bill answer Judgement for confessed and proof When it appeared to the Court that defendant Edward Anderson an Executor of the last Will and testament of Benjamin Mahany decd, purchased at his own sale for the sum of Seven hundred and sixty dollars the land in the pleadings mentioned which were directed to be sold in said Will and that said Anderson has since conveyed the same to his codefendant Ransom Mahany who had notice at the time of the conveyance to him of the fact that said Edward Anderson as Executor as above mentioned had purchased said land at his own sale It further appeared that complainants as legatees and heirs of said testator are interested in said lands Whereupon it is decreed by the Court that the sale to the said defendant Anderson and the conveyance from him to the said Ransom Mahany be set aside and the same are declared to be null and void and that the Clerk and Master sell said lands upon the premises at public auction upon a credit of twelve months giving forty days previous notice of the time and place of sale by advertisement at four Public places in Jackson County, Gainsboro being one taking land and security for the purchase money and retain a lien upon the land for the same and that said Edward Anderson payment for said land from the 8 day of June 1848 & that the clerk & master take and State an accounts of the yearly value of said lands from said 8 June 1848 and calculate interest on the same and also the worth of such valuable improvements as said Edward Anderson or those holding under him may have put upon the land since his purchase of the same so as that the improvements do not exceed the rents and the said Edward Anderson for the money he may have paid the heirs and legatees of said Benjamin Mahany decd. arising from the sale made to himself of said lands have a lien upon their respective shares which may come to the hands of the Clerk & Master from the sale to be made by him of said lands All other matters not herin decreed are reserved, The Court is of opinion and said that defendant Ransom Mahany is entitled to the Negro woman Sarah and her children under the will of said Benjamin Mahany & that complainants are entitled to any (unreadable)to the corn & bacon (the next four words are unreadable) Bill Benjamin C White & others Decree Edward Anderson & others Be it remembered that the above cause came on to be heard upon the interlocutory decree and report of the clerk and master made in persuance thereof and exceptions thereto when all the exceptions were disallowed and the report of the clerk and master in all things confirmed that after allowing for improvements the balance of the rents for the land is $215 it further appearing that the defendant Anderson has distributed the money or portions thereof to the legatees of the testator arising from the first sale which has been set aside and which was decreed to be refunded and because the matters are not fully settled between the parties it is ordered and decreed that the clerk and Master of this court take and state an account of the sums paid to said legatees showing what each received from said Anderson from the first sale of the land with interest also of all sums paid by Anderson for taxes upon the lands for which (the next entire line is unreadable) Ransom Mahany has occupied the land as purchaser under Anderson it is ordered that his shares of the rents shall be credited to Anderson it is further ordered that Anderson have a lien upon the funds in the hands of the clerk as of said estate arising from the sale of the land to White and the rents and profits to satisfy his decree that the clerk shall report the number of legatees and what each is chargable to refund and what they are entitled to of said estate and it further appearing that the clerk and master after advertising as required in the interlocutory decree herin pronounced at last term did on the 19 day of June 1852 sell the land in the pleadings mentioned to the highest bidder on a credit of twelve months when Benjamin C White became the purchasor for the sum of Seven hundred and eighty six dollars for which he executed his note with good security whereupon it is decreed that as soon as the purchase money is paid the clerk and master of this court execute to him a deed vesting him with title and there being no exceptions to the masters report of sale the same is in all things confirmed Whereupon it is ordered and judged and decreed by this Court that the title to the following described tracts of land, towit, One tract lying in Jackson County Tennessee on the West fork of Roaring river containing Seventy acres more or less bounded as follows Beginning at two buckeyes at the foot of a natural boundary about one fourth of a mile below Burleson running thence East crossing said fork at two poles in all eighty four poles to a white oak and Elm at the foot of a natural boundary thence up with the meanders of the same South 65 degrees East to a large pin oak, the distance not known, it being the beginning corner of a conditional line between Thomas Anderson and said Benjamin Mahany then running from said marked line up with the meanders of said fork to a small spanish Oak, thence North 90 poles West 16 poles North 20 poles in all 126 poles to the beginning being the lower end of a survey of two hundred acres granted to John Rutledge One other tract entered in the Entry Takers Office of Jackson County in the name of said Benjamin Mahany containing 50 acres on Blackburns fork of Roaring river on the East side of the river oposite said Benjamin Mahany plantation beginning on a sugar tree running East West and South for compliment No of Entry 903 dated 24 Feb 1826 Also a tract entered in Entry Takers office in name of Ranson Mahany for 50 acres No 1452 on Blackburn's fork in said County beginning on a beech within a few poles of said Benjamin Mahany's draw barn on the North side of his Springs lot running North & West for Compliment Also one other tract entered in said Office by Entry No 2648 for 50 acres on said Blackburn's fork Beginning on a cedar stake between said Mahany's house & where Jacob Johnson lived at the time of said Entry running North to Blackburn's fork, thence with the meanders of said fork to Willie Shunkles line thence West & E for a more particular description reference is had to the Grants for the same All of the above described tracts of land lying in Jackson County Tennessee - be divisted out of Polly White, Edith Johnson, Benjamin Mahany, John L Mahanay, Lloyd Mahany, Jonathan Roberts & wife Jane, Ranson Mahany Jr William Mahany Jr Marion M Mahanay, Job Mahany, Oliver P Mahany and Thomas R J Mahany William Mahany Sr Edward Anderson & wife Cinderilla Ranson Manany Sr Jacob Johnson and his wife Margaret & Thomas R Mahany and vested in Benjamin C White his heirs & assigns forever and that he have his writ of possession after the 1st day of January 1853 It is further decreed by the court that Ransom Mahany pay to Complainant Benjamin C White thirty seven dollars the rent for the land from the 8 day of June 1852 to 1 January 1853 and that he have a lien upon the growing crop for the same. That the clerk & master make report of the matters in this decree at next term of this Court and until which time all other matters are reserved. It is further ordered and decreed by the Court that the Complainants pay the cost of this suit and the complts pay the court