Original Bill, Filed 11 April 1894
Parlee Ferguson Et al
Thomas Bratton Et al
To the worshipful County Court of Hardin County, Tenn.
Parlee Ferguson, Sarah Wilkerson and husband Joseph Wilkerson, all residents of Hardin County
Thomas Bratton, Ben Bratton, Mich Bratton, John Bratton, Hannah Bratton, Rachel Bratton, Nancy Bratton, Abbie Bratton, Patsy Bratton, and Sallie Bratton, all of whom are nonresidents and their where-abouts unknown. Bill Bratton and Paul Bratton residence unknown, and supposed to be dead. Jack Bratton, Fred Brady, Mary J. Sparks, Thomas Sparks, Abbie Hulin, Linck Hulin, Lizzie Hurley, Thomas Hurley, Mary J. Wilkerson, Boss Wilkerson, Fannie Bratton, Paul Bratton, John Tilley (minor), Jesse Tilley (minor), Thomas Wilkerson, John Wilkerson, Riley Wilkerson, and Daniel Wilkerson, all residents of Hardin County, Tenn. Paul Tilley and John Tilley residents of Gibson County, Tenn. and Nancy Tilley resident of Perry County, Tenn. Martha Winegar, Emma Tilley residents of the State of Ark. Paul Brady, resident of the State of Ala., defendants.
Complainants respectfully show to the Court, That Paul Bratton Sr. died some thirty five or forty years ago, seized and possessed of the following described tract of land, lying in the fifth civil district of Hardin County, Tenn. and bounded as follows: On the North, by the lands of Samuel Sinclair; on the East, by the lands of Daniel McCarn and Samuel Sinclair; on the South, by the lands of John Lacefield; on the West, by the lands of John Lacefield and Samuel Harbour, containing 200 acres more or less, granted to said Paul Bratton Sr. by the State of Tenn.
The said Paul Bratton Sr. left a widow who died since his death and there are no incumbrances on said land known to Complts.
The said Paul Bratton Sr. deceased had the following lawful children: Thomas Bratton, Ben Bratton, Mich Bratton, John Bratton, Hannah Bratton, Rachel Bratton, Nancy Bratton, Abbie Bratton, Patsy Bratton, and Sallie Bratton, all of whom are nonresidents and supposed to be dead. Bill Bratton and Paul Bratton, residents unknown, and supposed to be dead; Jack Bratton still living, and a party to this suit; Clara Brady, formerly Bratton, who has died since her father's death, whose husband Charles Brady, is also dead, leaving as their only heirs Fred Brady, Paul Brady, Mary J. Sparks, Abbie Hulin; Fannie Tilley, formerly Bratton, wife of Richard Tilley, both of whom died since her father's death, leaving the following children as their only heirs: Martha Winegar, Sarah Wilkerson, Nancy Tilley, Lizzie Hurley, Mary J. Wilkerson, Fannie Bratton, Emma Tilley, Henry Tilley, who has died since his father's death leaving as his only heirs Jesse Tilley and John Tilley, minors, John Tilley and Paul Tilley; Disa Wilkerson, formerly Bratton, wife of Daniel Wilkerson, both of whom have died since the death of Paul Bratton Sr., leaving the following children as their only heirs: John Wilkerson, Thomas Wilkerson, Rily Wilkerson, and Daniel Wilkerson; Parlee Ferguson, formerly Bratton, who is still living, wife of John Ferguson who is dead.
The said parties are owners of said tract of land and have interests therein as tenants in common, or other-wise, in the following proportions or manner: (1) Thomas Bratton, (2) Ben Bratton, (3) Mich Bratton, (4) John Bratton, (5) Hannah Bratton, (6) Rachel Bratton, (7) Patsy Bratton, (8) Sallie Bratton, (9) Nancy Bratton, (10) Abbie Bratton, (11) Bill Bratton, (12) Paul Bratton, each if living, own an undivided one-seventeenth part of said land. (13) Jack Bratton, owns an undivided 1/17th part of said land, (14) Fred Brady, (15) Paul Brady, (16) Mary J. Sparks, (17) Abbie Hulin, heirs of Clara and Charley Brady, each own one 1/68th undivided interest in said land. (18) Martha Winegar, (19) Sarah Wilkerson, (20) Nancy Tilley, (21) Lizzie Hurly, (22) Mary J. Wilkerson, (23) Fannie Bratton, (24) Emma Tilley, (25) John Tilley, (26) Paul Tilley, heirs of Fannie and Richard Tilley, each own one 1/170th undivided interest in said land. (27) John Tilley, (28) Jesse Tilley, minor heirs of Henry Tilley, each own one 1/340th undivided interest in said land. (29) John Wilkerson, (30) Thomas Wilkerson, (31) Riley Wilkerson, (32) Daniel Wilkerson, heirs of Disa and Daniel Wilkerson, each own one 1/68th undivided interest in said land. (33) Parlee Ferguson owns 1/17th undivided interest in said land.
The said tract of land is worth about $200, it is not near any town, and is wild hill land, not adapted to farming uses, and it would be manifestly for the advantage of the parties, that it be sold for partition instead of partitioned in kind, there being no improvements on the land. There are two good springs and a small amount of timber on the land.
The residence of the various tenants in common are as stated in the caption, and John Tilley and Jesse Tilley are minors without general guardian.
Therefore premises considered, Complts. pray: That all those named as defendants in the caption be made such by service of subpoena on the residents and by publication, as to the non-residents and unknown. And that they all be required to answer this bill. That a guardian ad-litem be appointed for the minor defendants John Tilley and Jesse Tilley, and any other unknown minor heirs, to make defense for them. That the said tract of land be sold and the proceeds, after paying all costs and attorney's fees, if any, be divided among the parties in accordance with their respective rights; and to this end that all necessary reference to the Clerk be made; and Complts., also pray for general relief.
Watson & Gmich
State of Tennessee }
Hardin County }
Joseph Wilkerson one of the complainants makes oath that he has heard his foregoing bill read and knows the conducts thereof and that the statements therein made of his own knowledge are true and those made on information and belief he believes to be true.
Sworn to and }
subscribed before } Joseph (X) Wilkerson
me April 11th 1894 }
W.C. Wood, Clerk