RUTHERFORD COUNTY TN - DEEDS - Burrus vs. Gibson and Winsett 1840

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Tennessee Telegraph

Murfreesborough, Tennessee, Saturday, May 2, 1840



                                              In Chancery.

                                          April Rules 1840.

Philip J. Burrus

Surviving partner  }  Original

    &c. vs.                      and

Mathew Gibson

Hall J. Winsett      }   Injunction

    And others                Bill.



IN this case it appearing from complainants Bill which is sworn to, that Mathew

Gibson and Hall J. Winsett are now residents of the State of Tennessee, and that

they reside in the State of Missouri. "It is therefore ordered by the Clark and

Master that publication be made in the Tennessee Telegraph; a newspaper printed

in Murfreesborough four weeks in succession, requiring said defendants to appear

on or before the next Chancery Court of Rutherford State aforesaid at the Court

House in Murfreesborough on the first Monday in July next, and plead, answer or

demur toŠ[missing] for confessed and set down for hearing ex parte as to them.



               G.S. CROCKETT,

               Clerk and Master



Bill charges in substance, that at the Nov. term 1839, of the Circuit Court of

Rutherford county complainant recovered a judgment against defendants Gibson &

Winsett for $3717:94 that fi fa was issued on said judgement and placed in the

hands of the Sheriff of said county who returned the same, endorsed "No property

to be found" that about the time of the rendition of the aforesaid judgment the

said Gibson & Winsett removed to the State of Missouri insolvent that said

Gibson left in the hands of defendant Paterson Notes promisory [sic] on the

other defendant Jarman and Barlow amounting to about $1150, which are still in

the possession of Said Patterson‹that there is no other effects belonging to

said defendants out of which the foresaid [sic] judgment or any part of it can

be made. And prays for Injunction and attachment to restrain the said Jarman and

Barlow from paying said notes to defendants Gibson or Patterson, and the said

Patterson from transfering [sic] or disposing of said note so as to prevent

their application to the aforesaid judgement, and for relief generally in the

premises.

              G.S.C.     C. & M.

                                    April 11th 1840‹4w.‹Pr¹s fee $12,50



                                              In Chancery.

                                          April Rules 1840.

Philip J. Burrus

Surviving partners  }  Original Bill

    &c. vs.                      

Hall J. Winsett      }   

Mathew Gibson 

       And 

Andrew McKee

IN this case it appearing from affidavit of complainats [sic] counsel that Hall

J. Winsett and Mathew Gibson two of the above named defendants are now

inhabitants of the State of Missouri. It is therefore ordered by the Clerk and

master shat [sic] publication be made four weeks in succession in the Tennessee

Telegraph a newspaper published in Murfreesboro¹, requiring said defendants to

appear on or before the next Chancery Court to be holden for Rutherford county

at the court house in Murfreesboro¹ Tennessee on the first Monday in July next

and plead answer or demur to said bill, otherwise the same will be taken fro

[sic] confessed and set down for hearing expartee as the them.



                       G.S. CROCKETT,

                       Clerk and Master



Bill states in substance that at the November Term 1839, complainant recovered a

judgment against defendants Winsett and Gibson in the Circuit Court of

Rutherford county for $3717.94 besides costs of suit, that execution was

regularly rissued [sic] and placed in the hands of the Sheriff of said county

who returned the same at the succeeding term of said court, endorsed "No

property to be found in my county" that about the date of the rendition of said

judgment said defendants removed from the State of Tennessee to the State of

Missouri, leaving no property or effects of any description, except some

promising notes, to secure which, complainant has heretofore filed his bill and

sued out an attachment against the makers and holders of said notes. That said

Gibson has an equitable interest in a small tract of land in said Rutherford

county, on which there is a Saw Mill which was purchased jointly by defendants

Gibson and McKee but the deed was taken in favor of said McKee and prays for a

decree to sell the same and that the proceeds of said sale be applied in part to

the satisfaction of the aforesaid judgment and also for general relief &c.

                                    G.S.C.     C. & M.

                                    April 11th 1840‹4w.‹Pr¹s fee $12,50