MADISON COUNTY, TN - DEEDS- Jesse Russell Jr. et al exparte Sale of Land 1889 =========================================================================== 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: Laurel Baty ============================================================================ Madison County Court Clerk's Office Minute Book 18: pages 119, 120,159,176,182,203 Jesse Russell Jr. et al exparte Sale of Land Page 119 Thursday June 6th, 1889 This Court met pursuant to adjournment. Present and presiding the worshipful J. T. Rushing Chairman. When the following proceedings were had to wit: Jesse Russell Jr. Mrs. M. C. Marks et al. Exparte petition to sell land for division This cause came on to be heard before the worshipful County Court on the 6th day of June 1889. When it appearing to the Court that this is a proper case for references. It is therefore ordered & adjudged by the Court that the Clerk of this Court take proof and report as Follows. 1st As to whether said lot can be partitioned among the petitioners. 2nd Is or not it manifestly to the interest of the heirs of Nancy D. Russell dec'd to sell said lot mentioned in the pleadings, and is it to their advantage. 3rd The age of Jesse Russell Sr. 4th What would be a reasonable cash valuation of his life estate in said land . 5th Will or will not said lot sell for a better price unencumbered by said life estate. 6th Is it better to sell the lot as a whole or have the same divided in two lots. We will report upon these matters if practicable at the present term of the Court. This Court then adjourned until Saturday June 8th, 1889 J. T. Rushing, Chairman Page 120-122 Jesse Russell Jr., Mrs. M. C. Marks, Robt. Russell, et. al; Exparte Be it Remembered that this cause came on to be further heard on the 8th day of June 1889 before the worshipful County Court upon the Bill and Exhibits record and proceedings in this cause and upon the report of the clerk F. W. Adamson made in obedience to the order of reference to the present term of the Court. Which said report is in the words and figures following to wit. Clerks Report: In this cause pursuant to order of reference entered on the 6th day of June 1889, to take proof as follows. {The report begins with a repeat of the 6 points outlined on page 119} I report as follows. I caused to come before me Jesse Russell Sr. Jesse Russell Jr. B. A. Person & D. H. Haynes and took their depositions which are on file with the papers in said cause and from said proof report 1st That the lot No. 1 mentioned in this cause cannot be portioned in kind among the petitioners owing to the location & size of said lot and there being 6 heirs. 2nd That it is manifestly to the advantage of the heirs of Nancy D. Russell to have the lot sold for division and Jesse Russell Sr. ask that it be sold. 3rd The age of Jesse Russell Sr. is 86 years. 4th That a reasonable cash valuation of the life estate of said Jesse Russell Sr. in said lot would be $200.00 5th That said lot would sell for a better price unencumbered by said life estate. 6th It is better to have the said lot No 1 divided into 2 lots and have the same sold separately and then as a whole. June 6th, 1889 Respectfully submitted, F. W. Adamson, Clk. Which said report being unexcepted to is in all things confirmed by the Court and is incorporated into and made a part of this decree in this cause. And it appearing to the Court that Nancy D. Russell departed this life intestate in said County in the year 1872, leaving surviving her Jesse Russell Sr. her husband and the other parties mentioned in the Bill as her children and grandchildren, and as such entitled to her real estate, subject to the life tenancy of her said husband. And it further appearing to the satisfaction of the Court that the said Nancy D. Russell died seized and possessed in fee of the town property mentioned and described in the pleadings. And that by a decree of this Court heretofore pronounced in a proceeding for the partition of said town property, the said lot or parcel of land & town property was divided and that lot No 1 was decreed as the property in common of the petitioners, children of Mrs. Russell subject to the life estate of the said Jesse Russell Sr. and that lot No 2 was set apart as the property in the partition of the children of William Russell deceased. And it further appearing that the said Jesse Russell Sr. appears and assents to & asks a sale of lot No 1 for partition and that it be sold free from the encumbrance of his life estate, and that he be paid a reasonable valuation for his life estate, and that he is anxious for it to be sold, and it also appearing that said lot cannot be partitioned in kind so as to give each one in interest a home, and that the premises are so situated and of such description that partition thereof cannot be had, and that it would be manifestly to the advantage of the parties in interest that the same be sold. And it appearing to the Court that Jesse Russell Sr. has attained the age of 86 years and that his life interest is reasonably worth Two Hundred Dollars. It is therefore ordered adjudged and decreed by the Court that F. W. Adamson Clerk of the Court who is hereby appointed Special Commissioner for the purpose is hereby directed after advertising the same for twenty days by printed handbills posted at ten or more public places in Madison County Tennessee, one of which shall be in the ward of the City of Jackson in which said town lot is situate and one upon the Court House door in Jackson giving the time, place and terms of said sale, shall proceed to sell said town lot, in one or two lots, as he may think for the best interest of the parties, at public sale at the Court House door in Jackson to the highest best and last bidder, selling the same on the following terms, he will demand & receive one half the purchase money in cash, and the balance on a credit of six months. He will take notes with solvent & approved security for the unpaid purchase money retaining a lien on the same until the purchase money is all paid. The Clerk will report to the next term of the Court upon the sale of the same. This Court then adjourned until Tuesday June 11th 1889. J. T. Rushing, Chairman Page 159 Friday Sept. 13th 1889 This Court met pursuant to adjournment. Present and presiding the worshipful Joel T. Rushing Chairman, when the following proceedings were had. Jesse Russell Jr. et al., Exparte. In this case petitioners presented in open Court their amended petition and asked leave to file the same, and thereupon it appears to the Court that by inadvertence and mistake the children of William Russell dec'd, to wit: Jno. A. Russell, Martin A. Russell, Fannie F. Dickson & husband Jno. D. Dickson, Lillie Williams & her husband R. L. Williams, Katie Russell, & Joe Russell - the last named a minor without regular guardians were not made parties to the original petition filed herein, and it being alleged that they have an interest, to wit: a one seventh interest together in the share of their deceased Uncle Jno. S. Russell, in the lot mentioned & described in the petition herein, and that they are necessary and proper parties to this proceeding, and should be made defendants, herein & have copy & spd issued to them, with leave upon being served to examine or cross examine any witnesses whose depositions have heretofore been taken, if they desire so to do, and the amended petition in this respect, and in respect to the other amendments asked, are proper and should be made, and all of this is accordingly so ordered, adjudged and decreed. Page 176 Jesse Russell Jr. et al., Exparte This cause came on further to be heard upon the petition and amended petition filed herein, and the former proceedings had in this cause, and it appears to the Court, that the aduct defendants to the amended petition herein, to wit: Jno. A. Russell, Martin A. Russell, Mattie V. Dickson, & her husband Jno. D. Dickson, Lillie Williams & her husband R. L. Williams and Kate Russell have all been served with suppoena to answer the original & amended petition herein, more than five days before the this term of the Court and that they have failed to appear & make defense to the same. It is therefore ordered that said amended & original petition as to said parties, be taken for confessed as to them & set for hearing exparte. And it further appears that defendant Joe D. Russell is a minor, without regular guardian & has been duly served with process more than five days before the meeting of this Court. It is therefore ordered that R. B. Robinson, an attorney of this Court, be & he is hereby appointed guardian ad litem & solicitor for said minor defendant and thereupon said R. B. Robinson appeared in Court, and accepted said appointment & filed the answer of said minor defendant and thereupon this cause was further heard upon the former proceedings and upon said answer. And thereupon this cause is referred to the Clerk Master of this Court, who will ascertain and report to the present term of this Court, whether the lot or land mentioned and described in the petition in this cause can be divided between the owners thereof or whether it would be manifestly to the interest & advantages of the parties and particularly of the minor defendant that the said lot should be sold & the proceeds divided. In making this inquiry the clerk may look to any proof already taken in the case and also any other proof that may be offered. And shall notify the guardian adlitem of the time of taking said proof & allow him, if he so desires to cross- examine any witness whose deposition has heretofore been taken & filed in this case. Until the coming in of the report all other matters are reserved. Quarterly Court then adjourned until Monday Oct. 14th at 10 O'clock AM. Chairman's Court adjourned until Tuesday Oct 8th 1889 J. T. Rushing Chairman Page 182 Jesse Russell Sr. et al. vs. Jno. A. Russell This cause came on further to be heard upon the petition, amended petition, pro confesso, answer of minor defendant by guardian ad litem, proof of former proceedings and report of the Clerk filed Oct. 9th 1889, which report is in the words and figures following Clerk report on reference Pursuant to an order of reference of the County Court of Madison County Tennessee, entered on the 7th day of October 1889, directing the Clerk of said Court to ascertain and report to the present Term of said Court, whether the lot or land mentioned and described in the petition in this cause can be divided between the owners thereof or whether it would be manifestly to the interest and advantage of the parties and particularly of the minor defendant that said lot should be sold and the proceeds divided. I beg to report that after giving P. B. Robinson the guardian ad litem & solicitor for the minor defendant notice, that from the depositions heretofore taken in this cause, to wit, of Jesse Russell Sr. Jesse Russell Jr. B. H. Person & D. H. Haynes, that the lot mentioned in this cause cannot be partitioned in kind between the owners thereof, without manifest injustice to the parties interested, owing to the location and size of the said lot, and their being several interests (7), and that it would be manifestly to the interest of the parties and particularly the minor defendant, that the said lot should be sold and the proceeds divided. All of which is respectfully submitted this Oct. 9th 1889. F. W. Adamson, Clerk Which, said report being unexcepted to, is in all things confirmed And it appears to the Court that Nancy D. Russell departed this life in Madison County Tenn. in the year 1872, leaving surviving her, Jesse Russell Sr. her husband, and the other parties mentioned in the petition & amended petition as her children and grandchildren, and as such entitled to her real estate, subject to the life tenancy of her said husband Jesse Russell Sr. And it appears to the Court that the said Nancy D. Russell died seized & possessed in fee simple of the town property mentioned and described in the original and amended petition and that by a decree of this Court heretofore pronounced in a proceeding for the partition of said town property, the said lot or parcel of land was divided and that Lot No. 1, mentioned & described in the original petition herein & in said former proceeding, was set apart to petitioners herein & their brother John S. Russell as tenants in common, subject however, to the life estate of said Jesse Russell Sr. and a certain portion of the land of which said Nancy D. Russell died seized & possessed & which was designated as Lot No. 2 in said former proceedings & in said original petition was set apart to defendants in the amended petition herein as the children of Wm. Russell deceased, which proceedings were had on the 6th day of Jany 1888 & are to be found in Minute Book No 17 page 472, et seq. And it further appears that in order to equalize the values of said lots No 1 and Lots No 2, a lien was declared upon said Lot No. 1, in favor of the defendants herein, the children of said Wm Russell of $18.50 which is still a valid and subsisting lien thereon. And same when paid shall be applied in payment of the 1/8 of the cost of Jesse Russell Sr. et al vs. Kate Russell et al as directed by the decree in that case as found in Minute Book No 17 page 472 and the balance of the cash of said case to wit 7/8 will be retained by the Clerk out of the proceeds the sale of the land herein ordered sold, it appearing that said cost is unpaid. And it further appears that since said decree of partition aforesaid, the said Jno. S. Russell who was seized and possessed of an undivided one seventh interest in said lot No 1 aforementioned has died intestate & without issue and leaving as his only heirs at law complainants and defendants, except Jesse Russell Sr. who are entitled to his interest in said Lot No. 1, petitioners, except said Jesse Russell Sr. being entitled to an undivided one seventh each or together six sevenths, and Defendants, the children of Wm Russell dec'd each to one sixth of one seventh or together one seventh, but all subject to the life estate of said Jesse Russell Sr. And it appears that the said Jesse Russell Sr. appears and assents to and asks for a sale of said lot No. 1 for partition, and that it be sold free from the encumbrance of his life estate, and that he be paid a reasonable valuation for his life estate. And it appears to the Court that said Lot No. 1, which is bounded and described as follows, to wit: Beginning at the South East intersection of Sycamore and Liberty Streets, in the City of Jackson, Tennessee, running thence South 135 feet to L. R. Krap's residence lot; thence East with said Krap's line 162 feet; thence North 30 feet; thence West 63 1/2 feet to a corner of adjoining lot; thence North 105 feet thence west with the South margin of said Sycamore St. 961/2 feet to the Beginning. Cannot be partitioned in kind and is of such description that partition thereof cannot be had, and that it would be manifestly to the advantage of the parties in interest that the same be sold & the proceeds divided. And it further appears that the life estate of said Jesses Russell Sr. is reasonably worth ($200.00) Two Hundred Dollars. It is therefore ordered that F. W. Adamson, Clerk of this Court, who is hereby appointed Special Commissioner for this purpose, is hereby directed after advertising said above described Lot No 1 to sell the same at public sale at the North door of the Court House in Jackson Tenn. to the highest bidder upon the terms of one fourth cash and balance on credit of seven months, but will allow purchaser to pay all cash if he so desires. The Clerk may subdivide said lot and will advertise for 20 days by printed hand bills. And upon the coming in of the purchase money he will pay the defendants the children of Wm. Russell ded'd said sum of $18.50 interest thereon and after paying the cost of the former proceeding as herein before directed & the cost of this proceeding including a reasonable Attys fee to Hays and Taylor Solicitors & a fee to P. B. Robinson Guardian ad litem, which shall be taxed as a part of the cost of case, & the taxes due upon said land upon day of sale & any interest, penalties or cost accrued thereon and the value of the life estate of Jesse Russell Sr., will pay over and distribute the balance to the several parties complainants & defendants as their interest may appear, and will report to the next term. This Court then adjourned until Saturday Oct. 12, 1889. J. T. Rushing, Chairman Page 203 Jesse Russell Jr. et al vs. Jno A. Russell et al This cause came on this day to be further heard upon the former proceedings herein and upon the reports of the Clerk upon sale, and upon taxes and their being no exception to either report, both are confirmed. And it appears to the Court that in pursuance to an interlocutory decree rendered in this case at a former term of this Court, the Clerk and Commissioner after giving legal notice of the time, term, & place of sale proceeded on the 4th day of November 1889 at the North door of the Court House in Jackson Tenn. to expose to public sale the tract or parcel of land, mentioned & described in the pleadings in this case & lying & being in the City of Jackson, Madison County Tenn. & which was subdivided into two lots as follows, to wit: Lot No 1 of the subdivision of Mrs. Nancy D. Russell's property, situated in the First ward of the City of Jackson Tenn.: Beginning at the South East intersection of Sycamore & Liberty Street, running thence South 135 feet on Liberty street to L. R. Krapp residence lot thence East with said Kraps line 162 feet, thence North 30 feet thence West 63 ½ feet to a corner of adjoining lot, thence North 105 feet to Sycamore Street, thence West with the South margin of Sycamore Street 96 1/2 feet to the beginning. Lot No. 1 of said subdivision Beginning at the N. W. corner of the said Nancy D. Russell property runs thence South 75 feet on Liberty Street thence East 96 1/2 feet thence North 75 feet, thence West with Liberty Street 96 1/2 feet to the beginning. Lot No. 2 of said subdivision begins at the S. W. corner of Lot No. 1 runs thence south 60 feet to L. R. Kraps N. W. corner thence East 162 feet thence North 30 feet, thence West 63 1/2 feet thence North 30 feet thence west 96 1/2 feet to the beginning. And it appears to the Court, from said report of sale that the said two lots were first offered for sale as a whole or one lot when & where the same was struck off & sold to Ross Witherspoon at the sum or price of One Thousand Dollars ($1000.00) he being the highest and best bidder, and then said lots were offered separately and no one bid for either of the same. And it appears to the Court that the purchaser has paid into Court the sum of One Thousand Dollars the amount of his bid as provided and allowed in the order of sale. It is therefore ordered adjudged and decreed that all the right, title, interest, and estate that the parties Complainants & Defendants here in and to the property above described be and the same is hereby directed out of them, and vested in the purchaser Ross Witherspoon, his heirs & assigns forever, and the clerk will furnish him a copy of this decree for registration upon his paying the cost of the copy. And thereupon the death of Jesse Russell Sr. the life tenant is suggested & proven in open Court and it appears to the Court that his death occurred prior to the 4th day of November 1889-the day of sale and that therefore the life estate has terminated and the amount heretofore fixed as the value of the life Estate of said Jesse Russell Sr. and ordered paid him shall be by the Clerk distributed among the parties to this suit along with the other proceeds of the sale, according to their respective rights & interest. And it appearing to the Court from a written order signed by the following named parties to wit: R. S. Russell, S. J. Barr, E. W. Prewitt, M. C. Marks, Mary A. Allen, A. J. Allen. J. M. Allen and Jesse Russell Jr. & filed with the papers herein agreeing and requesting the Clerk of this Court to pay the funeral & burial expenses & medical bill of said Jesse Russell Sr. and all of said parties being before the Court & of age it is so ordered that the Clerk will out of the share or interest of said parties pay off & discharge the same & the same will be charged up to them in the distribution. It is further ordered that after deducting the cost as heretofore directed & all taxes due upon the lots on the day of sale and a reasonable fee for Hays & Taylor Solicitors for complainants & a fee to P. B. Robinson guardian ad litem, said funeral Expenses & the Clerk & Master will distribute the balance of the fund to the parties entitled. This Court then adjourned until Friday November 8th 1889. J. T. Rushing, Chairman