Monroe County TN Archives Court.....McGowan, Frances (et Al) 1854 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/tn/tnfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Donnie Pickard dmallie@aol.com October 20, 2006, 9:16 am Source: Miscellanous Chancery Court Records Written: 1854 Recorded: 1878 Monroe Co. TN Chancery Court Records--#525 Answer of Francis & James McGowan –filed April 23, 1854 The joint answer of Francis & James McGowan to a Bill filed against them in the Chancery Court at Madisonville & Robert R. & Thomas Young – - Respondent reserving onto themselves the usual exceptions and for answers state there to Francis McGowan says that it is time that the said complainant reverse a judgment him for some t__ odd dollars but the ___ sum is not remembered. He therefore requires them to reduce said judgment on a copy thereof. As to the items of cost charged to have been purchased of complainant from E.E. Griffith & others, respondent does not know whether the items are correctly stated or not, but respondent believes and so charge that complainant have not made any bona fide purchase of said items of cost & have not paid any thing for them but said transferred, and No. 694 Answer of Margaret McGowan ===================== Ed. McGowan ---VS— Margaret McGowan And others Filed July 25, 1878 Jo. E. Houston -C and M Z.T. Hunt and R.K. Robinson Sols. For Respt. The joint and separate answer of Margaret McGowan Sr. in her own right and as agent in fact for James McGowan and Margaret McGowan JR. to the Bill of Complaint filed against them and others in Chancery Court at Madisonville, Tenn. By Ed McGowan. These respondents for answer to so ______ of said Bill as they are advised it is materine for them to make response to say: They admit that Frances McGowan died intestate, in Monroe County, Tenn. about the time r________ in Compts. Bill filed in this cause. Respondents positively deny that said Francis McGowan at the time of his death was ____ or ______ of the lands described in Compts. Bill, or any other land, or lands in Monroe County, Tenn. Francis McGowan dec’d, was owner of the lands described in the Bill in this cause for some time before and after the year 1853, at that time owing to excessive drinking, said Francis McGowan dec’d declared his intention to sell all his lands and was about doing the trade with one Wm. Preler, when respondent James McGowan (his son) told him not to sell the lands to Preler, but that he (James McGowan) would give as much for the land as Preler would, and accordingly the contract was closed and Respt. James McGowan bought all the lands of which Francis McGowan dec’d was owner of or possessed, and on Sept. 17th 1853 Francis McGowan now dec’d by deed conveyed to James McGowan 160 acres of land, under said purchase, being the S.W. quarter of Sec. 27, 2nd T. 3rd Range E. Hawassee Dist. And the said Francis McGowan dec’d, not having any title to the eighty acre tract, described in Compts. Bill, did r___ undertake to e____ the same by deed but released all the claim right, and title that he (Francis McGowan) had in and to the 80 acre tract to deft. James McGowan, and thereupon James McGowan took all of said land into possession and has held and controlled the same ever since, himself and those holding under and for him. The deed for the 160 acre tract is Registered in the Registors office. No. 694 – Report of Sale To December Term 1879 Edward McGowan VS Margaret McGowan Sr. Filed This Oct. 6th 1879 J.E. Houston AM Edward McGowan VS Margaret McGowan Sr. & Others In Monroe Court at Madisonville, Tennessee Report of Sale The undersigned respectfully reports, that in obedience to the decree rendered in this cause by this honorable court at June Term 1879. After having given notice of the time place and terms of sale, by advertisement as required by said decree, be exposed to sale at public out cry to the highest bidder at the court house door in the town of Madisonville, Tennessee. On the 6th day of Oct. 1879 The following described land towit, Eighty five acres (more or less) The same being on the waters of Big Creek, in the 13th Civil district of Monroe County Tennessee. Known as the Arthur Baine or Adams farm: adjoining the land of James McGowan on the West; It being the same land out of which the Dower of Margaret McGowan Sr. has recently been laid off, under a decree of this court. And being a part of the land owned and occupied by Frances McGowan dec’d, at the time of his death. At which sale Larkin Carden became the purchaser at and for the price of one hundred and five dollars $105. Ten dollars and fifty cents of said bid being paid in hand on day of sale. This being the 10 per cent required in hand by said decree, and executed his promissory note for $94.50 ninety four dollars and fifty cents payable in two equal installments of six and twelve months without interest and gave as his security Jno Dunn & Edward McGowan towit, And a lien was returned on said land until the purchase money is fully paid. All of which is respectfully submitted this Oct. 6th 1879. Jno. E. Houston Children of Frances McGowan: 1/5 Gemima McGowan {Missouri Whitfield {each 1/25) {John McGowan {Roxanna Rodgers {Andrew McGowan {Thomas McGowan 1/5 Edward McGowan 1/5 James McGowan 1/5 Margaret McGowan 1/5 Mary McGowan No. 694 – Original Bill Ed McGowan VS Margaret McGowan & others Filed 15 Apr 1878 Jo E. Houston C & M To the Hon. W.M. Bradford Chancellor, &c, holding the Chancery Court at Madisonville, Tenn. Edward McGowan, a citizen of Monroe County, Tenn. VS Margaret McGowan, Sr., Margaret McGowan, Jr., Missouri Whitfield (formerly McGowan) & husband William Whitfield, Andrew McGowan and Joseph W. Dunn, all residents of Monroe Co, Tennessee; Roxana Rodgers and husband Joseph Rodgers, and James McGowan, who are now non-residents of Tennessee; Thomas McGowan & John McGowan who are supposed to reside in Roane County, Tennessee. Complainant shows to the court that his father Francis McGowan died intestate in Monroe County, Tenn. in April, 1871, seised and possessed of the following real estate situated in Monroe County, Tennessee, to wit’; One Hundred and Sixty acres of land, being the South-West Quarter of Section 21, 2nd Township, 3rd Range East, Hiwassee District. Eighty-five acres of land adjoining the foregoing tract of land on the West and known as the Adams tract. Said Francis McGowan left surviving him his widow Margaret McGowan, who has controlled said land ever since her husband’s death but who has not had dower assigned her; and the following named children: Jemima McGowan, Complainant Edward McGowan, James McGowan, Margaret McGowan and Mary McGowan. These are all the children of Francis McGowan and said Jemima McGowan died intestate some four or six years ago, leaving the defendants Missouri Whitfield, John McGowan, Roxana McGowan, Andrew McGowan and Thomas McGowan her children and heir at law. The defendant Thomas is a minor without regular guardian. Complainant and his three brothers and sisters are each entitled to one- fifth of said lands and the children of Jemima McGowan are entitled together to one-fifth thereof. Said lands are so situated that partition in kind cannot be made thereof owing to the smallness of the tract, and the great number of shares into which it would have to be divided. Complainant further shows that the title to the 160 acres of land above mentioned is nominally in the defendant James McGowan, but complainant charges that the title was so filed by Francis McGowan as a matter of convenience, or for the purpose of saving said land from sale for debt, and that James McGowan neither has or claims any interest in said land, except as heir aforesaid that he paid no part of the purchase money therefore has never been in possession there of and sets up no claim there to so far as complainant is aware. The deed above referred to was made Sept. 17, 1853 by John Wilson to James McGowan and a duly certified Copy there of will be produced and filed should it be necessary. Complainant is informed and believes that the defendant Margaret McGowan, widow of Francis McGowan, dec’d, has recently undertaken to convey to the defendant Joseph W. Dunn a part of the 85 acre tract of land for a mill-seat, but complt. has no definite information on this subject. He charges the she had no right to convey said lands, and that said conveyance is null. The said Margaret McGowan has leased said lands to one James M. Harris who is now cultivating the same, paying as rent a certain quantity of corn on the 15th of November of each year. Complainant does not desire to interfere with the mutual contract except to require a proper application of the rents. The premises considered complainant prays that process issue and publication be made to require the defendants to appear and answer; that a guardian ad ____ be appointed for the minor defendant; that said conveyances from John Wilson to James McGowan and from Margaret McGowan to J.W. Dunn be set aside and declared void; that said land be sold for partition among the heirs if they cannot be partitioned in kind: that dower be assigned Margaret McGowan out of said land & complainant prays for general relief. Pritchard, sol. State of Tennessee} Monroe County} Edward McGowan swears that the foregoing bill is true to the best of his knowledge, information & belief. Edward {his X mark } McGowan Subscribe & sworn to before me this 15 April 1878. Jo. E. Houston C & M Additional Comments: Court records of my McGowan/Whitfield family. File at: http://files.usgwarchives.net/tn/monroe/court/mcgowan46gwl.txt This file has been created by a form at http://www.genrecords.org/tnfiles/ File size: 10.7 Kb