MCNAIRY COUNTY TN - DEEDS - Robert Nolen vs. D.A. Hill, Martha E. Phillips and Ida R. Hill *********************************************************************** 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 Contributed by Joanne Baucum ************************************************************************ [Note: These entries apply to the same guardianship case.] McNairy County, Tennessee Chancery Court, p. 84 15 October 1868 ROBERT NOLEN v. D. A. HILL, MARTHA E. PHILLIP[S], MARTHA E. HILL, IDA R. HILL Be it remembered that this cause came to be heard on the 15th day of October 1868 before the Honroable James W. Doherty, Chancellor, upon Bill and accusor and it appearing to the satisfaction of the Court that Complainant in the year 1864 purchased of one WILLIAM B. HILL a certain tract or parcel of land lying in McNairy County, Tennessee on the waters of Huggins Creek, part of Entry Number 1458 and known as the JOSEPH PIKE land and bounded as follows: Beginning at a stake, white oak, and red oak pointers, the South West Corner of said Entry Number 1458, thence North 174 poles to a stake and Blackoak pointers, thence East 38 poles to a stake and 2 post oak pointers, thence South East along the meanders of the old Booth mill road to a stake and three hickory pointers, thence along the ridge to the South boundary line of said Entry 1458, thence West 90 poles to the beginning, And that he paid on said land, one horse, and was to pay fifty dollars in money that said contract was verbal and never reduced to writing and that said WILLIAM B. HILL has since died and defendant D. A. HILL and MARTHA E. PHILLIPS were appointed administrators of his estate and it is further appearing that the said administrators and the said complainant to carry out and execute said contract and the interest of said parties that the same be decreed. It is therefore ordered, adjudged, and decreed by the Court that the clerk and master ascertain the boundaries of said tract of land and that all the right title and interest that the heirs at law of said WILLIAM B. HILL, deceased, have in and to said tract of land be divested out of them and vested in the said ROBERT NOLEN and his heirs forever. ..... however to a lien for the unpaid purchase money. It is further ordered that each party pay one half of the costs of this cause and that execution issue as at law. ----------------McNairy County, Tennessee Chancery Court, p. 397 Saturday, 9 March 1872 C. L. HUBANKS et al v. D. A. HILL et al In this cause, the complainants exhibited in open court their bill of complaint, which bill is sworn to in praying among other things for writs of injunction restraining defendant from prosecuting their action at law, and moved the court for writs of injunction thereof. And the court being of opinion that these are sufficient matters set out in said bill to authorize the writ of injunction to issue dother so order and decree. It is therefore ordered by the court that the Clerk and Master of this court upon complainants' executing in his office an injunction bond in the sum of five hundred dollars conditioned as the law directs will isue the writs of injunction restraining the defendant from further prosecuting their suits at law against the complainants until further orders of the courts or chancellor. ---------------McNairy County, Tennessee Chancery Court, p. 495 Wednesday, 8 April 1874 C. L. HUBANKS et al v. D. A. HILL et al Be it remembered that this cause came to be further heard upon the original pleadings in the cause and the Cross Bill of MARTHA E. PHILLPS filed in this cause and it appearing to the Court that B. A. PHILLIPS, E. C. PHILLIPS, NEAL PLUNK, EUDORA PLUNK, W. R. PHILLIPS, and also the minor children of AARON CASE [Note: AARON H. CASE was the brother-in-law of DANIEL A. HILL - Their wives were sisters.] and also the heirs of JOHN PIKE names unknown, are defendants in the original bill and not necessary parties complainants in the Cross Bill. It is ordered that the Cross Bill as to them be dismissed, and it further appearing to the court that M. E. HILL and J. B. HILL are minor children of W. B. HILL and therefore necessary parties in this cause, and that the said heirs have no regular Guardian. It is therefore ordered that S. L. WARREN be appointed their Guardian Adlitum and upon motion of defendants in Cross Bill for further term to answer said Cross Bill, leave is granted until the June Rules to answer said Cross Bill and that the cause be continued until the next term of this court. -------------------------McNairy County, Tennessee Chancery Court, p. ... Saturday, 10 October 1874 C. L. HUGHBANKS [sic] et al v. D. A. HILL et al Be it remembered that this cause was heard before Chancellor Nixon on this 10th day of October 1874 upon Bill answer Cross Bill exhibits pro confesso orders and proof in the cause. And it appearing that WILLLIAM B. HILL in his lifetime .... on the 22nd day of December 1859 contract in the land in controversy to B. A. and W. R. PHILLIPS and executed to them a Bond for title upon the payment of the balance of purchase money in said title bond. And it appears from the .....and stipulation of said title bond that said vendor W. B. HILL was authorized by himself or a .... upon the failure of said vendors to pay the purchase money notes at maturity to sell said land to enforce the payment of the same and it appearing to the court that the vendor and party authorized to sell said land ... intestate and before making any sale of said land, it mentions in said title bond and leaving MARTHA E., complainant in the Cross Bill, his minor, and the children mentioned in said Cross Bill, his only heirs at law and that DANIEL A. HILL and the said MARTHA E., widow of said W. B. HILL deceased, administer upon the estate of W. B. HILL deceased. That the said MARTHA E. afterwards married the said B. A. PHILLIPS and it further appearing to the court that the said MARTHA E. and DANIEL A. HILLas administrator and administratrix of the estate of the said WILLLIAM B. HILL deceased, advertised and sold the said land in controversy under and by virtue of the title bond to enforce the vendors' lien for the unpaid purchase money due from the said B. A. and W. R. PHILLIPS to the said W. B. HILL deceased and that the said MARTHA E., administratrix, became the purchaser of said land at said sale and it further appearing to the court that .... to the said sale by said administratrix and administrator, B. A. PHILLIPS one of the vendors of the said W. B. HILL, deceased, sold his interest in said land to E. C. PHILLIPS and title bond executed to the same E. C. PHILLIPS by the said B. A. PHILLIPS And the court being of opinon that the said E. C. PHILLIPS acquired and equitable title to said land. And it further appearing to the court that the said E. C. PHILLIPS afterward by verbal contract sold said land to complainants J. L. HUGHBANKS and ISAAC PHILLIPS. And the court being of the opinion that the said J. L. HUGHBANKS and the said ISAAC PHILLIPS acquired no title to said land by said verbal sale and the court being further of opinion that the sale of said land by the said administrator and administratrix was void and communicated no title to the purchaser Martha E. and that the deed executed to her by said administrator is void and that the legal title to said land remains in the heirs of W. B. HILL deceased and the equitable title to the same remains in W. R. Phillips and E. C. PHILLIPS the vendor of B. A. PHILLIPS doth so order and decree and it further appearing to the court that the said MARTHA E. PHILLIPS has paid and fully discharged to the estate of W. B. HILL deceased the amount due and owing from the said W. R. and B. A. PHILLIPS on account of the purchase of said land. It is therefore ordered and decreed that the said MARTHA E. PHILLIPS be subjugated to all the rights and equities of the vendor and that she have her lien on said land, but it not appearing to the court that amount the said MARTHA E. has paid to the estate of W. B. HILL for the said B. A. and W. R. PHILLIPS on account of the purchase of said land. This cause id referred with master estate proof and ascertain that fact, the Master will look to the proof now on file in this cause to aid him in making his report. It is further ordered and decreed by the court that the complainant ISAAC PHILLIPS has no rights to a recovery in this action from B. A. or W. R. PHILLIPS on account of any payment made to W. B. HILL in his lifetime for the land in controversy, doth so order and decree. But it appearing to the court that E. C. Phillips made with complainants ISAAC PHILLIPS and JAMES L. HUGHBANKS a verbal contract for the lands in controversy and that the said ISAAC PHILLIPS and JAMES L. HUGHBANKS, now into possession of said land under said contract. But it not appearing to the court the amounts of rents the said ISAAC PHILLIPS and JAMES L. HUGHBANKS are chargeable with or the amount of the ...... and firmament improvements made thereon by them during the time they acquired said alnd or the amount of money paid the said E. C. PHILLIPS under this parole contract. And upon the ascertainment of these facts, this cause is referred to the Master take proof and report the matter in making said report will look to proof already taken in this cause. The Master will make his report in the next term of the court as to how these facts on the courts reserves the question of on account as to between MARTHA E. and B. A. and E. C. PHILLPS It is further ordered and decreed that the uit at law brought by the said MARTHA E. and B. A. PHILLIPS against JAMES L. HUGHBANKS, ISAAC PHILLIPS et al be perpetually enjoined and that MARTHA E. and B. A. PHILLIPS pay the costs of said actions in the circuit court of McNairy County. All other questions not herein adjudged are reserved.