LINCOLN County Tn - COURT RECORDS - Bill of Complaint of E.G. Bevels ************************************************************************************* Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm This File Was Contributed For Use In The Usgenweb Archives By: Charity Goodwin (PO Box 733 Courtland Ala 35618) (as copy of original) ************************************************************************************* To The Honorable Thomas B. Lytle, Chancellor, Presiding In And Holding Chancery Court At Fayetteville, In Lincoln County, Tennessee. The Bill of Complaint of E.G. Bevels, a Resident citizen of Giles County, in the State of Tennessee................................Complainant. Versus James Bevels, a Non resident of the State of Tennessee, and a Resident of the State of Texas; S.E. Barnes and wife Telitha Barnes, Resident citizens of Lincoln County, Tennessee; Arter (Athur) Hall and wife, Eliza Hall, Resident citizens of Lincoln County, Tennessee; Suie Hobbs and Husband J. Hobbs, Resident citizens of Lincoln County, Tennessee; Emma Woodard and Husband Fate (James Lafayette) Woodard, Non residents of the State of Tennessee, And residents of the State of Alabama; Ernest Bearden, a resident citizen of Lincoln County, Tenness; Sam Cunningham and wife Maggie Cunningham, resident citizens of Lincoln County, Tennessee; Mrs. Cal. Sawyers, widow, a resident citizen of Lincoln County, Tennessee; Mollie Cunningham wife of Wilson Cunningham and Wilson Cunningham, resident citizens of Lincoln County, Tennessee; Julia Watt, Wife of Pleas Watt, and Pleas Watt resident citizens of Marshall County, Tennessee; Eva Mattie George, Rhea George and Mable Lee George, the last three being Minors under age of twenty one years, and with general guardian in the State of Tennessee, residents of Lincoln County, Tennessee........................................Defendants. Yur complainant would respectfull represent and who unto your Honor as Follows: 1. That some thirty years ago one E.S. Bearden (or Lifus) Bearden sold and conveyed unto Geo. M. Bevels and wife, Mary Bevels, the followinf described tract or parcel of land, lying, situated and being in the 13th Cicil District of Lincoln County, Tennessee, and bounded and described as follows: Bounded on the north by lands of R.E. Sawyers, and J.A. Bearden; on the east by J.A. Bearden; on the south by the lands belonging to the estate and heirs of Ellis Swanner and Ruth Mitchell heirs; land and on the west by the lands of Sawyers, containing 5 1/2 acres, more or less. Said lands are in part the lands conveyed by G.S. Markham to C.H. Cunningham and E.S. Bearden, by deed dated January 18, 1854, and registered in the Register's Office of Lincoln County, Tennessee, in Deed Book "V" (1) page 592, in which said land by deed dated January 27th, 1869, and registered in Deed Book "F" (2) page 277, C.H. Cunningham conveyed unto E.S. Bearden his one half interest therein. 2. That said deed executed by said E.S. Bearden was delivered to said George M. Bevels and wife, Mary Bevels when executed and they entered into the immediate possession, use, control and management of said property living upon the same until about four years ago when George M. Bevels died intestate in Lincoln County , Tennessee, leaving a wife, the said Mary Bevels surviving and the said Mary Bevels died intestate in Lincoln County, Tenness, about three months ago. 3. That at the time of the death of George M. Bevels he left the following named children as his only children and only heirs at law , to wit: 1. E.G. Bevels, a son 2. James Bevels, a son 3. Telitha Barnes, wife of S.E. Barnes, a daughter 4. Eliza Hall, wife of Arter (Athur) Hall, a daughter 5. Susie Hobbs, wife of J. Hobbs, a daughter 6. Emma (Martha Emma) Woodard, wife of Fate (James Lafayette) Woodard, a daughter 4. That said George M. Bevels married twice, his widow, Mary Bevels, being his second wife, and that by his second wife, he had two children, to wit the compainant E.G. Bevels and defendant Telitha Barnes, wife of said S.E. Barnes, wo likewise were the only children and only heirs at law of the said Mary Bevels at the time of her death. 5. That after the execution of said deed from E.S. Bearden to the said George M. Bevels, and his wife, Mary Bevels, the same was destroyed by fire before the same wasrecorded, or registered, but complainant is advised that the making, executing and delivery of said deed to the grantee therein named had the effect without registration, to vest in the said George M. Bevels and his wife, Mary Bevels a good and perfect title to said premises. 6. That the said E.S. Bearden died intestate in Lincoln County, Tennessee a number of years ago and at the time of his death left him surviving the following named Children, as his only heirs at law, to wit: (a) Defendant Ernest Bearden, a son (b) Defendant, Maggie Cunningham, wife of Sam Cunningham, a daughter (c) Mrs. Cal Swayer, a widow, a daughter (d) Mollie Cunningham, wife of Wilson Cunningham, a daughter (e) Julia Watt, wife of Pleas Watt, a daughter (f) Florence George, who has since died, intestate in Lincoln County Tennessee, ans who husband has likewise died, and who left her surviving at the time of her death as her only children and only heirs at law, three children, to wit: (p) Eva Mattie George (q) Rhea George (r) Mable Lee George (g) Jimmie Cunningham, wife of Hence Cunningham, a daughter of E.S. Bearden deceased, both of whom died intestate and who ; aft the surviving no children or descendants of such surviving. 7. That said heirs of said E.S. Bearden deceased, are made parties defendant to this cause in order that proper decree may be entered in this cause by the Court for the purpose of setting up said destroyed deed and the title of the parties entitled thereunder to the land herein above described, and complainant charges that said deed was executed in the manner and form as above set out, that said George M. Bevels and his wife Mary Bevels took possession of said land under said deed and held the same in coutinous, actual, notorious, peaceable and adverse possession under enclosuer since the date of the execution of said deed down to the date of the death of, first, George M. Bevels, and after his death by the said Mary Bevels owning and holding the same in a quiet possession without any question being raised as to their title during said time and complainant therefore charges that the said Mary Bevels, the wife of George M. Bevels and by virtue of said deed being executed to said George M. Bevels and wife, Mary Bevels and which conveyabce was therefore in effect a conveyance to them as husband and wife, and as by tenants by the entireties, upon the death of said George M. Bevels, becase vester absolutely with the title to said lands and upon the death of said Mary Bevels the title therefore vested absolutley in her two children, the said E.G. Bevels and Telitha Barnes, as the only heirs at law of said Mary Bevels, deceased. 8. That therefore the title of said premises is vested in said E.G. Bevels one half interest and the said Telitha Barnes one half interst. 9. That said tract of land consist only of five and one half acres, had only one house located on it, and one small barn, all of it is cultivation except about one and one half acres, practically no wood and timber thereon, and no lasting water on said tract; that owing to the size, improvement, etc, on said property, that same being suitable only for aggircultrual purposes, it would be impossible to advantageously partition said tract of land in kind between the parties entitled, and on the other hand it is manifestlyto the interest and advantage of the owners of said tract of land that the same be sold for partition and divison of proceeds, said lot or parcel of land being located near no growing town or city, and being of such size and description that it cannot be divided without greatly injuring the same. 10. The parties all reside as stated in the caption and all are adults except the said Eva Mattie George, Rhea George, and Mable lee George, who are minors under the age of twenty one years and without heneral guardian in the State of Tennessee. 11. The premises see, complainant prays that the named as defentands to this bill be made such by the due issuance and service of process, together with copy of bill; that those named as non- resident defendants be made such by publication duly had and made them as prescribed by law, and that all of said defendants be required to apprea and answer this bill by the Rule Day in June 1920 of your Honors Court, but answer under oath is waived; let a Guardian Ad Litem be appointed to answer and make defense for the minor defendants, and grant a decree in this cause setting up and establishing that said deed executed by said E.S. Bearden to said George M. Bevels, and Mary Bevels, and settling up and at law of the greatee in said deed, and upon settling up the title of complainant E.G. Bevels and his sister Telitha Barnes as heirs of said Mary Bevels, deceased, that grant a decree for the sale of tract of said real estate described herein for partition and division of proceeds thereof among the parties entitled, and grant unto Complainant all such other and further general and different relief as the nature of the case may require, or, which in equity may appertain, and this complainant will forever pray, etc. Signed B.E. Holman Solicitor for Complainant State of Tennessee County of Lincoln This day personally appeared before me, J.M. Poindexter, Clerk & Master of the Chancery County at Fayetteville, in and for Llincoln County, Tennessee, B.E, Holman, Solicitor for the complainant in the within and foregoing bill, and who having been by me first duly sworn the truth to speak under oath stated that the allegations and statements contained in the within and foregoing bill are true to the best of his knowledge, information and belief. Sworn to subscribed before me) this the 19 day of April, 1920) Signed: B.E. Holman Signed: J.E. Poindexter Clerk & master I, B.E. Holman hereby acknowledge myself as surety for cost un the above cause. Signed B.E. Holman E.G. Bevels Vs James Bevels , et al. To the Honorable Thos. B. Lutle, Chancellor, Etc., The under signed Clerk and Master would respectfully report that in obedience to an order of reference had and entered in the above styled cause, directiong the Master to hear proof and report instanter, if possible and if not to the next term of this Court would respectfully report that the Depositions of E.G. Bevels, J.A. Bearden, and A.B. Clark were taken before Emma Sebastion a Notary Public for Lincoln County, Tenneessee, on the 17th day of July, 1920, to which depositions he refers and from which I would respectfully report as follows: (1) That owning to the fact that the 5-1/2 acres tract of land described in Paragraph one of the Bill was woend by George M. Bevels and wife, Mary Bevels as tenants by the entirety, and that Geo. M. Bevels died before the death of his wife, Mary Bevels, that the said Mary Bevels thereupon became the sole and only owner of said lands, said lands are owned by E.G. Bevels and Telitha Barnes, as tenants in common and in equal shares. (See Depo. E.G. Bevels, p.2, J.A. Bearden p.2) (2) That concurring with the witness I would report that the deed was made, executed and delivered by the said E.S. Bearden to George M. Bevels and wife, Mary Bevels as alledged in said Paragraph one of the Bill in this cause. (See Depo of E.G. Bevels p.2, J.A. Bearden p.1) (3) That Mary Bevels survived her husband, George M. Bevels, and that she is now dead, and that she died intestate about 6 months ago in Lincoln County, Tennessee, and that she left surviving her as her children and only heirs at law, Complainant E.G. Bevels and Defendant Telitha Barnes. (See Depo of E.G. Bevels p. 1 & 2, also Depo of J.A. Bearden p.1) (4) That George M. Bevels departed this life intestateabout 4 years ago, and that he left surviving him the following named children who are his only heirs at law; E.G. Bevels, a son, James Bevels, a son, Telitha Barnes, wife if S.E. Barnes, a daughter, Eliza Hall, wife of Arter (Arthur) Hall, a daughter, Susie Hobbs, wife of J. Hobbs, a daughter, Emma (Martha Emma) Woodard, wife of Fayette (James Lafayette) Woodard, a daughter, But the Clerk & Master would respectfully report that the said George M. Bevels was married twice and that the Complainant, E.G. Bevels and Telitha Barnes are the children of his last wife, Mary Bevels. (See Depo. of E.G. Bevels, p.1) Notes from transcriber: George Martin Bevels was married twice, he married Mary Ellen Beddingfield on Jan 30, 1866 in Lincoln County Tennesse ( she is the mother of Eliza, Emma, James,& Susie) and Mary died in 1878 (burial place not known) George married second on Sept 18, 1878 in Lincoln County, to Mary Elizabeth (Ellen?) Brotherton and had two children (Elisha Green & Telitha Ellen (married Stephen E. Barnes) In the 1900 census of Lincoln County, George was not living with Mary and their 2 children. Also in the 1880 census, George's Children from first wife May Ellen Beddingfield, were living with her parents William James & M. Susan Bollin Beddingfield. Note: There also was a land transaction April 1, 1890 between Pleasant W. Halbert, and wife to Ellis (Elias) Swanner, and Mrs. Ruth Mitchell fro $560 in Lincoln County, Civil Dist. 13, part of divison of land of late James Barnes deceased to Telitha Brotherton, Bounded by: E.S. Bearden, Geo. Bevels, Rev. Debose, S.O. Green, Mrs. Ruth Swanner. (Telitha (Barnes) Brotherton,was Mary E. Brotherton Bevels mother)