MADISON COUNTY TN - COURT RECORDS - Jno H. Williams vs Jesse Russell 1858 ********************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Laurel Baty ********************************************************************************* Madison County, Tennessee Chancery Court Minute Book Volume 2, pages 205-206 [Transcribed from microfilm Roll #366: Madison County Chancery Court Minutes Vol: 1-3, 1846-1869, Tennessee State Library & Archives by Laurel Baty.] Jno H. Williams, Amr & others vs Jesse Russell & wife et als Be it remembered that on this the 20th day of Feby 1858 came on this cause for further hearing before the Hon Isaac B. William Chancellor &c, upon original & amended bills, publication order pro confesso & the report of the clerk & master which report of the clerk & master being unexcepted to is in all things confirmed by the court. And it appearing to the satisfaction of the court that publication has been made as the law requires as to all of the nonresident defts & subpoena issued & executed on the resident defts, that they have all failed to plead answer or demur to complts bill & the same has been in all things taken for confessed & set for hearing. And it further appearing that said Sanford Shelton decd did on the __ day of __ 1852 purchase from said Chas Sevier Sr. now deceased the land mentioned & described in the pleadings in this cause for the sum of $2145.00 & then & there executed to said Sevier his note for the purchase money & the said Sevier executed his bond to make title when all the purchase money should be paid. And it further appearing that on the 30th day of July 1853 said Sanford Shelton & R. W. Jennings exchanged 11 ¾ acres of land to place their tracts in better shape which lands are described in the pleadings in this cause that since the contract made between the said Sanford Shelton and Charles Sevier both of said parties have died, and that John M. Williams has been duly & legally appointed the Admr of said Sandford Shelton, and John Sevier has been legally appointed the Admr of Charles Sevier dec'd. That said Williams has proceeded to set off the ?? property belonging to the estate of said Shelton and has exhausted the proceeds in the payment of the debts due by said estate & it further appearing from the report of the Clerk & master, that there remains due & unpaid the sum of $1256.44 balance of purchase money, that the proceeds of the sale of the personal property of the estate of said Shelton amounted to $515.01. That the same has been exhausted in the payment of the debts due by said estate leaving a balance of about $230.00 still due & unpaid. And it further appears from said report that it is absolutely necessary to sell a part of said land to pay the balance of the purchase money & other indebtedness of said estate & that the remainder cannot be divided among the distributes of said estate of Sanford Shelton deceased without manifest injury to their interest & shares & that the title to said land is good & it further appearing that Mary Shelton widow of said Sandford Shelton is willing & consents to a sale of her dower in said land & is willing to take her dower out of the proceeds of the sale of said land. It is therefore ordered adjudged & decreed by the court that the clerk & master after advertising as the Law directs, proceed to sell the lands mentioned in the pleadings in the cause (except the 11 ¾ acres exchanged to said Robt. M. Jennings) & that he sell the same at the Court house door in the town of Jackson Madison County Tennessee, one half of the purchase money to be paid in cash, the balance on the 1st day of July 1859 taking the purchasers note & approved security & retain a lien to secure the purchase money & that he report to the next term of this court. All other matters reserved & this cause continued. Madison County, Tennessee Chancery Court Minute Book Volume 2, pages 326-327 John H. Williams, Mary Shelton, Judisteen (?) C. Shelton, Levi B. Shelton, Willard B. Shelton, Eliza J. Shelton, Eleanora Shelton, Aaron W. Haskins, Mary A. Haskins and John Sevier Vs Valentine Sevier, Bethany Brown, George W. Sevier, Elizabeth Gilsen, Eldridge G. Sevier et al Be it remembered that on this 24th day of Feby 1860, came on this cause for further hearing before the Hon'l Isaac B. Williams Chancellor &c upon the report of the clerk & master, respecting a sale of the land mentioned & described in the pleadings in this cause, which report being unexcepted to is in all things. And it appearing to the satisfaction of the Court that the clerk & master in obedience to an interlocutory order made in this cause of the Feb'y term of this Court 1858 & renewed at the August term 1858 & after advertising as the law directs, offer said land at public sale at the court house door in the town of Jackson on the 15th day of Nov'r 1858, when & where Little Newton became the purchaser of the same at the sum of $2144.32, he being the last highest & best bidder and that he has complied with the terms of said sale. It is therefore ordered adjudged & decreed by the Court that said sale be & the same is hereby in all things confirmed & that all the right title & interest in & to said land, first tract bounded and described as follows to wit, lying & being in Madison County Tennessee in range one & section 8 west of the meridian line. Beginning on a stake & three white oaks, the south east corner of Entry No 901 for 640 acres in the name of McIver, runs thence west 86 poles to a chestnut & two post oak pointers(?) thence south 130 poles to a stake & two post oak pointers thence east 24 poles to a stake & two post oak pointers thence south 74 poles to a black jack thence east 48 poles to a post oak thence north 83 poles to a red oak, thence 36 poles to a Spanish oak, thence north 14 poles to a Spanish oak, thence east 28 poles to a Spanish oak & red oak pointers, thence north 117 poles to a stake thence east 130 1/10 poles to a stake, thence north 156 poles to a stake, thence west 180 1/10 poles to a stake & two post oaks, thence south 166 poles to the beginning containing 306 62/100 acres, but including in said boundaries 11 ¾ acres sold off of said tract by Sandford Shelton in his lifetime to one Robert Jennings & is not embraced in the sale of said clerk. Second track bounded & described as follows to wit, adjoining the above tract. Beginning on a stake Spanish oak & red oak, the south east corner of the above described tract. Runs thence west with its line 28 poles to a Spanish oak, another corner of the same, thence south 14 poles to a Spanish oak, another corner of the same, thence west 36 poles to a red oak, another corner of the same, thence south 23 2/3 poles to a red oak, the north east corner of the 11 ¾ acre tract, purchased of Sandford Shelton by said Robert W. Jennings, thence east 64 poles to a stake, black oak & chestnut pointers, said Jennings north east corner, thence north 37 ¾ poles to the Beginning containing 11 ¾ acres be divested out of Mary Shelton, Juseethan C. Shelton, Levi B. Shelton, Mildred E. Shelton, Eliza Jane Shelton, Eleanor Shelton, Aaron W. Haskins, Mary A. Haskins, Robert W. Jennings, John Sevier, Valentine Sevier, Bethany Brown, George W. Sevier, Elizabeth Gilson, Eldridge G. Sevier & the heirs of Catherine Langford (names not known) & the heirs of Mary R. Simonton deceased (names not known) the heirs of Charles Sevier Jr. deceased (names not known), Joseph L. S. Sevier, Jesse Russell & wife Nancy D. Russell and A. Huntsman Sevier their heirs & assigns & be vested in the said Lytle Newton & his heirs, subject to levie for the purchase money, which is hereby retained, and that reference be made to the clerk master to take proof & report what the widow of said deceased is entitled to for her dower interest in said land & what would be a reasonable fee for ?? the solicitor in this cause & that he report to the present or next term of this court all other matters reserved for the coming in of said report.