Property Know As The Madden Place, the Atkins Place
and the Lunsford Homeplace
Tyronza Township, 5 miles north of
Earle off Hwy 149,
adjacent to the old Richards Homeplace
(This 40 acre property is
located in the community of Three Forks, also known as Three Way.
It remains in possession of
the Lunsford family, 2008, and is located on Lunsford Road,
just southeast of the old Three
Way Grocery Store.)
Prepared for T. J. Atkins January 29, 1921 –
Guarantee Abstract Company
The following described land situated in the county
of Crittenden, state of Arkansas, to-wit:
The Northwest Quarter of the Northeast Quarter (NW
¼, NE ¼) of Section 10, Township 8 North, Range 6 East, containing 40 acres.
United States of America to State of Arkansas
Patent Dated September 27, 1858 – Recorded State
Land Office, Little Rock, Arkansas
Swamp Land Act of Congress of September 28, 1850
On May 11, 1853 this Patent issued to that
selection – 320 acres
State of Arkansas to E. M. Apperson,
Assignee of Geo. W. Underhill
June 30, 1871 – 320 acres
Above described land entered by Geo. W. Underhill
March 26, 1853
November 17, 1856
Wardlow Howard
vs. Annie Underhill, Administratrix, and John L.
Barnard, Administrator, Estate of Geo. W. Underhill. George Underhill, Frank
Underhill, Virginia Underhill, heirs at law of Geo. W. Underhill, deceased. Infant heirs; George, Frank, and Virginia. Guardian Ad Litem; B. W. Ellis.
Aggregate 4336.17 acres, spent $2500.00.
January 20, 1857
Probate Record, John L.
Barnard, Administrator and Annie L. Underhill, Administratrix
of estate of Geo. W. Underhill. Real estate, 320 acres, and slaves, indebted in amount of $50,000.
Personal estate fully exhausted, sale of real estate and slaves necessary to
raise funds for payment of debts.
May 12, 1866
Isaac
Burgett vs. John L. Barnard, Administrator of estate
of Geo. W. Underhill, et al. All files in this case have been lost. Decree
abstracted below;
May 12, 1866, Decree shows
death of Isaac Burgett and by consent,
revives cause in name of Henry E. Burgett and Isaac
W. Burgett, administrators of said Isaac Burgett. Henry E. Burgett, Isaac
W. Burgett, John C. Burgett,
Peter N. Burgett, and Nancy P. Grider,
children and sole heirs of Isaac Burgett.
May 12, 1866, Decree finds
that in 1852, Isaac Burgett and George W. Underhill
formed a partnership for the purpose of constructing levees in Crittenden
County. Land ordered to be sold at public sale.
November 16, 1866
Filing by O. P. Lyles and B. C. Brown, Commissioners, listing lands
to be sold.
March 11, 1867
Sheriff and Collector of Crittenden County to State of Arkansas.
Certificate of purchase for tax of 1866 in name of J. R. Burk – 320 acres
November 19, 1867
Henry L. Burgett and Isaac W. Burgett,
Administrators of Estate of Isaac Burgett, Deceased.
Henry E. Burgett, Isaac W. Burgett,
John C. Burgett, Peter N. Burgett,
Jessee S. Grider and Nancy
P. Grider, his wife vs. the unknown heirs at law of
legal representatives of Samuel Matthews, deceased.
On
August 10, 1856, Isaac Burgett, then in life,
exhibited a bill of complaint against representatives and heirs of Geo. W.
Underhill, deceased, claiming to be owner of undivided one half of all lands,
said Burgett departed life on December 19, 1865.
Sale
dated November 9, 1859. Isaac Burgett was present and
gave public notice of his rights and gave notice to said Samuel Matthews, then
present, of his right and forbade sale unless Underhill representatives
received one half.
Samuel
Matthews purchased said land, paid one third and executed notes for residue.
Samuel Matthews has since departed.
Name of heirs at law unknown. Commissions named to partition
said land between complainants and defendants.
January 19, 1870
Jessie
S. Grider and wife, Nancy P. Grider,
to E. M. Apperson, G. V. Rambaut,
William H. Wood, and Napoleon Hill. Quit
Claim in consideration of $1000.00 paid, undivided one fifth (1/5) interest in
lands of Geo. W. Underhill; Isaac Burgett, Nancy Grider,
heirs at law of Isaac Burgett.
January 19, 1870
Oliver
H. Oates and wife, Jannie M., and John J. Horner, to
E. M. Apperson, G. V. Rambaut,
William H. Wood, Napoleon Hill. Quit
Claim in consideration of $1000.00. Undivided one fifth interest, interest of
Peter N. Burgett, one of heirs of Isaac Burgett, deceased, purchased by said Oates and Horner at
public sale by John S. Horner as assignee in bankruptcy.
April 18, 1870
Reports
of Lyles and Brown; October 20, 1869 lands were sold to Peter N. Burgett and Henry E. Burgett who
produced satisfactory evidence that they became owners in all interest of other
heirs of Isaac Burgett but failed to pay any part of
purchase money except advance payment for taxes and afterwards both Peter N. Burgett and Henry E. Burgett were
adjudged bankrupt and property was sold at sale to E. M. Apperson
and amounts due have been paid by him.
After
report of commissioners, no exceptions were filed and three deeds were issued;
James B. Lloyd, Sterling Hood, E. M. Apperson.
April 18, 1870
Oliver
P. Lyles and Benjamin C. Brown, Commissioners, deed issued to E. M. Apperson in consideration of $8122.56 paid.
May 26, 1870
E.
M. Apperson and wife, S. E. Apperson,
to W. H. Wood, $1.00 paid on April 18, 1870, certain land conveyed to E. M. Apperson, conveyed only as trustee.
May 27, 1870
W.
H. Wood and wife, Benigna Wood, to E. M. Apperson, Trustee.
Deed dated April 18, 1870, conveyed to E. M. Apperson.
Deed
dated May 26, 1870, Apperson conveyed to W. H. Wood.
Said lands are owned jointly; W. H. Wood, (1/4) one fourth, N. Hill, (1/4) one
fourth, E. M. Apperson, (3/8) three eighths, G. V. Rambaut, (1/8) one eighth. $1.00 paid.
All parties desire that
legal title to lands shall be vested in one person for purpose of making sales
and conveyances.
All said lands unto E. M. Apperson and his assigns. Deed signed and acknowledged by
Napoleon Hill and wife Mary M., G. V. Rambaut and
wife S. A., and E. M. Apperson. S. B. Apperson
signs and acknowledges as wife of E. M. Apperson.
June 1, 1882
G.
V. Rambaut and wife, Sue A. Rambaut,
to E. M. Apperson, $5.00 paid.
July 18, 1887
E.
M. Apperson, individually and as trustee for himself,
to D. E. Myers and W. M. Sneed, partners as Myers and Sneed. Quit Claim,
consideration; October 28, 1882, First party contracted with second party to
convey one half (1/2) interest if they would redeem same from taxes and render
certain professional services.
January 28, 1888
E. M. Apperson, trustee, and E. M. Apperson and wife S. B., to Napoleon Hill.
Consideration; $1401.75 paid, 320 acres.
Dower and homestead relinquished.
September 28, 1899
D.
E. Myers, et al, vs. Napoleon Hill, et al. Depositions of J. F. Smith, John
Thompson, E. B. Smith. Filed certified copy of will of
William Sneed and probate files September 25, 1899.
Answer of defendants;
Napoleon Hill, S. P. Read, Nolan Fontaine, and Napoleon Hill, trustees of
individual estate of W. H. Wood, deceased, and Mr. Mary Hill, Mrs. Nina D.
Martin, sole heirs at law of W. H. Wood, deceased.
Answer of R. J. Southall, guardian ad litem, for
the minor defendant, Fenton Sneed, filed August 21, 1899.
Therefore ordered; Robert
E. Hunter, Trustee, Louise B. Hill and husband, Crawford Hill, R. G. Sneed,
Lucy E. Burwell and husband W. D. Burwell, Mrs. Jessie Fenton Sneed, widow of
W. A. Sneed, deceased, W. D. Bethel, H. W. Fenton, H. M. Neeley,
Thomas H. Jackson, W. M. Rhea, E. B. LeMaster,
executor of H. L. Guion, deceased, S. H. Dunscomb Jr., Edward Moon and T. B. Jones, formerly
partners under the firm of Moon and Jones, and E. C. Buchanan. Defendants
failed to plea to complaint.
Court finds; W. M. Sneed
resided in Shelby County, Tennessee, owner of an interest in lands, died
unmarried without issue, leaving a will, appointing Mrs. Mary E. Neeley as executrix, and that heirs at law are; Mary B.
Neely, Lucy E. Burwell, Louise B. Hill, his sisters; R. G. Sneed, a brother,
and Fenton Sneed, son of his brother W. A. Sneed, who died after the death of
W. N. Sneed.
Court
finds Jessie Fenton Sneed, widow of W. A. Sneed, not entitled to dower interest
for reason that estate is largely indebted and necessary to sell his interest
for purpose of paying indebtedness.
Prior to death, W. A. Sneed
executed trust deed to Robert E. Hunter, conveyed all his interest in estate of
his brother, W. M. Sneed.
Title to lands; Napoleon
Hill undivided four sixteenths (4/16), W. H. Wood Estate undivided two
sixteenths (2/16), D. E. Myers and Estate of W. M. Sneed undivided ten
sixteenths (10/16).
Decree finds all said land
is wild or swamp land chiefly valuable for timber on it, best interest of all
owners that lands be sold for partition and not divided in kind.
Sale to be made at
courthouse in Marion, November 8, 1899, on credit of 3 months, by 4 weekly
insertions in the “Marion Reform” and in some newspaper published in Memphis,
Tennessee (published in Commercial Appeal).
February 26, 1900
Land
sold at public auction at courthouse at Marion on November 8, 1899 on credit of
3 months. D. E. Myers and Nolan Fontaine, parties to the suit representing the
owners of the land, bid in large amounts as trustees and were not required to
execute notes.
April 22, 1915
State
of Tennessee, County of Shelby; Affidavit of H. M. Neely,
well acquainted with W. M. Sneed who died about January 1895. States that W. M.
Sneed left as his sole and only surviving heirs at law, Mary B. Neely, Lucy H.
Burwell and Louise B. Hill, sisters; R. G. Sneed and W. A. Sneed, brothers, and
_____ Sneed, his father. That since death of W. M. Sneed, his father _____
Sneed has died. Lucy H. Burwell died without any living children surviving her
and his brother, W. A. Sneed has died, leaving as his sole heir and only
surviving heir at law, Fenton Sneed, his son who is now of lawful age. The sole
and only surviving heirs at law of W. M. Sneed, now living, are Mary B. Neely
and Louise B. Hill, sisters, R. G. Sneed, brother, and Fenton Sneed, his
nephew, all of lawful age. Signed H. M. Neeley,
Merwin M. Rosenbush, Notary
Public.
Will of William M. Sneed
(included), February 1, 1895. Mary B. Cowan, sister, executrix. Shelby County,
Tennessee Will Book 12, pp 609.
May 24, 1907
Mary
B. Neely (nee Sneed), and husband H. M. Neely, Mrs. Louise B. Hill (nee Sneed),
and husband Crawford Hill, by H. M. Neely, attorney in fact, Lucy S. Burwell
(nee Sneed), and husband W. D. Burwell, and R. G. Sneed, sole brothers and
sisters and heirs at law of William M. Sneed, deceased, and Napoleon Hill and
wife Mary M., and D. E. Myers, the later being an unmarried man, to J. M. McBee and H. A. Morrison, Warranty Deed in consideration of
$4500.00, 1/3 paid, $1500.00, and balance $3000.00 by 6 promissory notes. Dower
and homestead relinquished.
March 9, 1908
J.
M. McBee and wife Eleanor, and H. A. Morrison and
wife Lillie H., to Tom Nesbitt, consideration $800.00 paid.
(land description) save and excepting therefore all the
merchantable timber located on the property which the parties have until April
1, 1909 to cut and remove. Any merchantable timber left standing after April 1,
1909 shall revert to the grantee.
March 14, 1908
Tom
Nesbitt and wife Pink, to C. C. Bird, Trustee for J. M. McBee
and H. A. Morrison. Trust Deed, secures payment of indebtedness of $200.00,
promissory note of even date due December 1, 1908 with 8% interest.
Cancellation and satisfaction in full made by virtue of authority given in a
Power of Attorney December 28, 1916.
April 12, 1911
W.
N. Madden and wife Ella, to C. T. Whitman, trustee for C. W. Cloar. Trust Deed, secures payment of $1000.00 evidenced by
one promissory note, given to the Bank of Commerce for the sum of $1000.00, due
November 6, 1911, with 10% interest from date until paid. Note given to secure
the payment of said indebtedness, the said Chas. Cloar
as the endorser of said note and this trust deed is given to secure payment
thereof.
Cancellation and
satisfaction in full is hereby made December 28, 1916.
April 16, 1911
Tom
Nesbitt and wife Pinkie to J. H. Hammett, 40 acres, consideration $1250.00
paid.
April 16, 1911
J.
H. Hammett and wife Margurite, to W. N. Madden,
consideration $1650.00, paid $1000.00 cash and one note $650.00 due April 15,
1912.
November 1, 1912
J. H. Hammett to W. N. Madden, release, lien on real estate
released in full.
December 30, 1913
W.
N. Madden and wife Ella, to H. A. Morrison, trustee for C. W. Cloar. Trust Deed, secured payment of an indebtedness to C.
W. Cloar in the sum of $1000.00, evidenced by
promissory note dated December 30, 1913 and payable 10 months after to the Bank
of Commerce, Earle.
Cancellation and
satisfaction in full is hereby made December 28, 1916.
October 31, 1914
W. N. Madden and wife Ella, to H. A. Morrison, Trustee for C. W. Cloar. Trust Deed, secures payment of indebtedness
of $1000.00, date October 31, 1914, payable 12 months after to Bank of Commerce,
Earle.
Cancellation and satisfaction in full December 28, 1916.
May 23, 1916
Warranty
Deed. Virginia Diamond (nee Underhill), sole and only heir of George W.
Underhill, of the State of California, to Robert L. Horsman
of Salem, Missouri and Fred G. Park of Platt City, Missouri, consideration
$1.00 paid.
Affidavit
of Mrs. Virginia Diamond, sworn May 23, 1916, Los Angeles, California. Virginia
Diamond, duly sworn, upon oath, states that George W. Underhill entered from
the United States Government, lands in this deed described and George W.
Underhill died in Crittenden County, Arkansas about year 1859, widow died a few
years later, 3 children. This affiant and 2 sons, both of whom died in infancy,
without ever having been married and without issue or adopted children; affiant
is only living heir. Further states she was married to E. T. Diamond at the age
of 17 years and neither she nor her husband, jointly or separate, have ever
conveyed any of the land described in this deed, nor has she or her husband ever
been served with any legal notice of process up to the sale or transfer of said
lands to any other person. Signed Mrs. Virginia Diamond.
September 11, 1916
Affidavit
of R. W. Payne, states he is Circuit Court Clerk of St. Francis County,
Arkansas, formerly and until the year 1901, resided at Wheatley, Arkansas and
while living there became and was personally well acquainted with Eli T.
Diamond and his wife, Virginia Underhill Diamond; that of affiant’s personal
knowledge, the said Eli T. Diamond is dead, having died at Wheatley, Arkansas
about 1897.
October 7, 1916
Affidavit
of J. A. Bogart, M. D., regular practicing physician at Forrest City, Arkansas,
formerly resided and practiced at Wheatley, Arkansas; personally and well
acquainted with Eli T. Diamond and wife, Virginia Underhill Diamond; Further
states that Eli Diamond died at Wheatley, Arkansas on or about Feb __, 1897, to
affiant’s personal knowledge.
December 5, 1916
Power
of Attorney, H. A. Morrison and J. M. McBee to W. A.
Richards, Circuit Court Clerk of Crittenden County, Arkansas. Do hereby appoint
W. A. Richards our agent and attorney in fact for us and in our names to cancel
and satisfy in full a certain Deed of Trust executed to us by Tom Nesbitt.
December 5, 1916
W. N. Madden and wife Olive, to H. Fletcher. 40 acres,
$2000.00 paid.
December 6, 1916, acknowledged.
H.
Fletcher and wife Annie C., to T. J. Atkins. Warranty deed, 40 acres,
consideration $2500.00 paid, filed January 22, 1917.
March 3, 1916
David
O. Andrews, trustee to St. Francis Cooperage and Timber Company, a corporation
of the State of Tennessee, consideration of $10.00. Property acknowledged May
4, 1916, filed January 24, 1917.
March 22, 1916
W.
N. Madden and wife Ollie, to H. A. Morrison, trustee for C. W. Cloar. Secures payment for indebtedness
of $1600.00, promissory note due January 1, 1916, Bank of Commerce, Earle, at
10% per anum.
Cancellation and satisfaction in full given by Power of Attorney,
February 15, 1921.
December 22, 1916
C.
W. Cloar to W. A. Richards, Circuit Court Clerk of
Crittenden County. Appoint W. A. Richards as agent and attorney in fact in my
name to cancel and satisfy in full three (3) Deeds of Trust (W. A. Madden)
1
[Deed of Trust] not dated but acknowledged April 12, 1911
1
Deed of Trust dated December 30, 1914
1
Trust Deed recorded October 31, 1914, record book D-4, p. 191
December 30, 1916
Drainage
Assessment, 40 acres, assessed $200.00. Decree rendered, provides for issuance
of serial bonds amounting to $240,000.00 and falling due in the years 1918 to
1936, tax to be levied in twenty installments for the years 1918 to 1936,
inclusive to be 5% of the assessed benefits.
November 18, 1920
Ark Mo Lumber Company vs. T. J. Atkins, Mechanics Lien, consideration
$22.10. Lien for materials furnished for the erection of building and
improvements upon the described property.
January 10, 1921
Road
Improvements, District No. 6, 40 acres, $576.00. A tax has been levied to
collect taxes of 7.7% of the betterment for each of the years 1919 to 1943.
Said taxes payable on the 1st Monday in January and delinquent after
April 10th of each year, and must be paid along with the state and
county taxes and Drainage Assessment. A new assessment was filed by the
commissioners of said District, double the assessment shown above, to be
approved by the court.
January 21, 1921.
Affidavit
of R. V. Wheeler, practicing attorney of Crittenden County, Arkansas, and
attorney for Louise B. Hill, one of the heirs of W. N. Sneed, deceased, and
that the said Louise B. Hill is alive at the present time, residing in the city
of Denver, state of Colorado.
January 21, 1921
Guarantee
Abstract Company, certification of clear title.
February 12, 1921
T. J. Atkins and wife Alma M., to A. B. Rhodes, Trustee for R. B.
Williams. Secures payment of $4060.00 evidenced by one principal note of
$3500.00 due February 12, 1923, and two interest notes of $280.00 each due
February 12, 1922 and 1923, respectively, all bearing 10% interest from
maturity until paid.
May 10, 1921
Ark
Mo Lumber Company, by P. B. Starmer, Manager, to J.
A. Redding, Clerk of the Circuit Court of Crittenden County, Arkansas. To
satisfy and cancel of record in his office that certain Mechanic’s Lien, being
a lien retained for material furnished T. J. Atkins, dated November 11, 1920. Said lien never having been assigned and having been paid in full
to the undersigned.
May 14, 1921
T.
J. Atkins and wife Alma M. Atkins, to James c. Moore, Trustee for Bank of
Commerce, Earle, Ark. Deed of Trust secures payment of $9468.24 evidenced by 3
promissory notes being 10% interest from maturity until paid as follows; note
dated April 23, 1921 due November 1, 1921 for $4644.46. Note dated May 23, 1921,
due August 23, 1921 for $3701.88. Note dated May 14, 1921 due November 1, 1921
for $1121.90.
December 12, 1921
C.
W. Cloar to J. A. Redding, Clerk of Crittenden
County, Arkansas. Power of Attorney, to satisfy and cancel of record that
certain Deed of Trust executed by W. N. Madden and wife, to H. A. Morrison,
Trustee for the benefit of C. W. Cloar, on March 22,
1916.
Cancellation
and satisfaction in full by Power of Attorney, February 15, 1921.
May 8, 1922
T.
J. Atkins and wife Alma M. Atkins, to J. R. Pugh, Trustee for Bank of Commerce,
Earle, Ark. Deed of Trust secures payment of $4553.50
evidenced by one promissory note of even date herewith due November 9, 1922,
and bearing 10% interest from maturity until paid. Dower and homestead
relinquished.
February 14, 1923
T. J. Atkins and Alma M. Atkins, his wife, to A. G. Douglass.
Mortgage to secure the payment of $4000.00 evidenced by 11
negotiable promissory notes. One note being for the principal sum of
$4000.00, payable five years after date. Other notes being for semi-annual
installment of interest on said principal, for the sum of $120.00 each, payable
in twenty four, one in thirty, one in thirty six, one in forty two, one in
forty eight, one in fifty four, and one in sixty months after date, all of said
interest notes being of even date. Principal note and interest notes payable at
the office of said second party in St. Louis Missouri, each bearing interest at
the rate of 10% per annum after maturity until paid.
February 14, 1923
T. J. Atkins and Alma M. Atkins, his wife, to A. G. Douglass.
Mortgage to secure the payment of 6 promissory notes aggregating $400.00
payable in 6 semi-annual installment the last installment falling due 3 years
from the date hereof, each bearing interest at the rate of 10% per annum. This
is a second mortgage subject to a first mortage of
$4000.00 of even date and between the same parties hereto.
February 17, 1923
Bank
of Commerce to T. J. Atkins and wife Alma M. In consideration of full payment
of Deed of Trust dated May 14, 1921, the lien on property is hereby discharged
and release in full. James C. Moore,
Cashier, L. J. Machen, Vice President.
February 17, 1923
T. J. Atkins and wife, Alma M. Atkins, to Bank of Commerce, C. W.
Cooper, Trustee. Consideration of $1.00, Deed of Trust on 100 acres is
junior and subordinate to two certain mortgages dated February 14, 1923,
executed by the parties of the first part hereto, to A. C. Douglass of St.
Louis, Missouri, securing the payment of $4000.00 and interest thereon and
$400.00. T. J. Atkins and Alma M. Atkins, are personally indebted to Bank of
Commerce in the sum of $9037.01 evidenced by two promissory notes dated
November 9, 1922 and being for $4734.40 due April 1, 1923, and one for $4302.61
due April 1, 1923, both of said notes bearing interest from maturity until paid
at the rate of 10% per annum.
February 17, 1923
R. B. Williams to T. J. Atkins and wife, Alma M. In
consideration of full payment of all indebtedness in a certain deed of trust dated
February 12, 1921, executed by T. J. Atkins and wife, Alma M. Atkins, in favor
of R. B. Williams, containing 100 acres. The lien on property is discharged and
released in full .
March 1, 1924
T.
J. Atkins and Alma Atkins, his wife, signed Alma M. Atkins, to J. M. Jenkins,
Trustee for Bank of Commerce, Earle, Arkansas. Trust Deed to secure their
promissory notes of even date herewith for the total sum of $10,390.64, said
notes described as follows, 2 notes for $5195.32 each dated March 1, 1924, due December
1, 1924 with interest from maturity until paid at the rate of 10%^ per annum.
This Trust Deed conveys property aside from the prior deed of trust in favor of
A. G. Douglass.
February 4, 1925
A. G. Douglass vs. T. J. Atkins and Alma M. Atkins, in the
Crittenden Chancery Court. Notice given that plaintiff named in the
caption files his complaint against the defendants named in the Chancery Court
at Marion; that in said complaint he seeks to recover decree against defendants
upon four promissory notes, two being in the sum of $66.67 each and two in the
sum of $66.66 each and interest thereon and for taxes paid by plaintiff, all
under and by virtue of a mortgage executed by defendants to plaintiff for the
purpose of securing the payment of said notes and taxes. A. G. Douglass,
Plaintiff, by Lamb & Frierson, his attorneys.
March 17, 1925
In the Matter of the Bank of Commerce of Earle, Arkansas,
Insolvent. Charles McKee, Bank
Commissioner of the State of Arkansas, filed petition and inventory on December
31, 1924, reciting that he had taken charge of the Bank of Commerce as an
insolvent banking institution and is administering the same under the statute
provided.
March 18, 1925
A.
G. Douglass, Plaintiff, vs. T. J. Atkins, Alma M. Atkins, Bank of Commerce
(Earle, Ark.), J. M. Jenkins, as trustee for Bank of Commerce, Chas. McKee, as
Bank Commissioner of the State of Arkansas, and Albert Horner and T. P.
Johnson, Defendants.
Plaintiff appearing in person, along with attorneys. Court
finds that the Bank of Commerce, Earle, is under control of the State Bank
Commissioner, Charles McKee. Court further finds that Albert Horner and T. P.
Johnson, recovered a decree in the Chancery Court of St. Francis County on
January 26, 1923 against the defendants T. J. and Alma M. Atkins, and that any
lien or rights of the defendants Horner and Johnson are subsequent in time and
inferior in right and equity to the lien of plaintiff.
By
terms of mortgage, defendants Atkins undertook to pay all taxes and special
assessments against said land, and that if plaintiff Douglass should pay the
same he could recover the amount thereof against mortgagors. Plaintiff has paid
all taxes and special assessments for the year 1924, levee taxes for 1924, and
provided an abstract for which defendants are liable.
It
is adjudged by the court that plaintiff, A. G. Douglass, recover of the
defendants, T. J. Atkins and Alma Atkins, full amount of notes together with
interest. If not paid within 20 days, the Clerk of this Court shall sell said lands
at the font door of the Courthouse in Marion on 20 days published notice of the
time, place and terms of sale.
Further,
all rights and equities, claim or possibility of dower and homestead by Alma
Atkins, and all equity of redemption in Bank of Commerce, C. W. Cooper, or J.
M. Jenkins, as trustee of said bank, and Chas. McKee, as Bank Commissioner of
the State of Arkansas, and Albert Horner and T. P. Johnson be the same, are
foreclosed and forever barred, and that the defendants pay costs hereof.
October 19, 1925
A. G. Douglass, et al.,
Plaintiff, vs. T. J. Atkins, et al, Defendants. Undersigned
commissioner, appointed by decree in cause at the March Term, for the purpose
of making sale of property. Pursuant to terms, he advertised said
premises for sale in the “Earle Enterprise”, notice published three weeks
successively. Notice stated the time, terms and place of said sale as required.
On May 27, 1925,
commissioner attended at the place of sale in said decree and offered premises
for sale at public outcry to the highest and best bidder. At sale offering A.
G. Douglass became the purchaser of the whole of said premises at and for the
sum of $651.80, and he being the highest and best bidder, said premises were
then and there struck off and sold to A. G. Douglass, and the purchaser being
the judgment creditor, no security was required for the purchase money. Said
lands were sold subject to a prior mortgage in favor of A. G. Douglass for
$4000.00 and interest.
It is further ordered by
the Court that upon application thereof, court is ordered to execute a writ of
possession directed to the Sheriff of Crittenden County, placing the purchaser
in possession of lands and premises.
October 20, 1925
J.
A. Redding, Commissioner in Chancery, to A. G. Douglass. Commissioners Deed,
consideration of $651.80, sold in pursuance of the orders and directions
contained in a decree of Crittenden Chancery Court rendered March 17,
1925. Commissioner appointed to execute
the decree rendered in this cause, produced to the court his deed to A. G.
Douglass, the purchaser of the lots, lands, and premises.
February 10, 1926
A. G. Douglass and
Elizabeth W. Douglass, his wife, to Leo R. Murphy. Quit Claim, consideration of
$1.00, dower and homestead relinquished, 100 acres more or less.
August 2, 1926
A. M. King and Emma F. King, his wife, to Leo R. Murphy. Mortgage. A. M. King and Emma F. King, his wife, have
borrowed the sum of $1500.00 from second party, with interest to be earned
thereon, 6 certain negotiable promissory notes all payable to the order of said
second party, the principal sum of $1500.00 payable 5 years after date, and the
others for annual installments of interest of $90.00 each, payable 1, 2, 3, 4, and
5 years after date (notes being given for part purchase money). Principal and
interest notes payable at the office of second party in St. Louis, Missouri, at
the rate of 10% per annum.
August 2, 1926
A. M. King and Emma F. King, his wife, to Leo R. Murphy. Mortgage. A. M. King and Emma F. King, his wife, have
borrowed the sum of $2000.00 from the said second party, two certain negotiable
promissory notes, for the sum of $1000.00 each, due November 15, 1926 and
November 15, 1927 with interest at the rate of 6% per annum. This is a second
mortgage subject to a first mortgage of $1500.00 on described land.
August 2, 1926
A.
G. Douglass to T. J. Atkins and Alma M. Atkins, his wife, Release, in
consideration of $1.00 and full payment of all indebtedness mentioned in a
certain mortgage, the lien on the property is hereby discharged and released in
full.
September 25, 1926
Leo R. Murphy and Marie L. Murphy, his wife, to A. M. King.
Warranty Deed, consideration of $100.00 and other valuable considerations, dollars.
Dower and homestead relinquished. We will warrant and defend the title against
all claims, except state and county taxes for 1926 and special and all other
taxes that may become delinquent April 10, 1927.
September 30, 1926
A. M. King and Emma F. King, to Leo R. Murphy. Warranty
Deed, consideration of $100.00, dower and homestead relinquished. Warrant and
defend title against claims except taxes for year 1926 or that will become
delinquent after April 10, 1927 and thereafter.
December 23, 1926
Leo R. Murphy and Marie L. Murphy, his wife, to A. G. Douglass.
Quit Claim Deed, consideration $100.00 and other valuable considerations paid.
March 11, 1927
Leo R. Murphy to A. M. King and Emma F. King, his wife.
Release, consideration of $1.00 and full payment of all indebtedness mentioned
in three certain mortgages all dated August 2, 1926,
the liens on the property are hereby discharged and released in full.
September 15, 1927
V. R. Lunsford and Gladys Lunsford, his wife, to A. G. Douglass. Mortgage. V. R.
Lunsford and Gladys Lunsford, his wife, have borrowed the sum of $2200.00 from
the said second party, for which sum with interest to be earned thereon have
executed and delivered to the said second party, 13 certain negotiable
promissory notes, all payable to the order of said second party, 6 being for
the principal, 5 of which are for the sum of $400.00 each and are payable
respectively November 1, 1928, 1929, 1930, 1931 and 1932, and 1 for the sum of
$200.00 payable on November 1, 1933. The remaining 7 notes being for the annual
installments of interest on said principal notes are 1 for the sum of $16.50
payable on November 1, 1927, 1 for $132.00 payable on November 1, 1928, 1 for
$108.00 payable on November 1, 1929, 1 for $84.00 payable on November 1, 1930,
1 for $60.00 payable on November 1, 1931, 1 for $36.00 payable on November 1,
1932, and 1 for $12.00 payable on November 1, 1933.
The
above principal notes being given as part purchase money. All of said interest notes
being of even date herewith; said principal notes and interest notes payable at
the office of said second party in St. Louis, Missouri, each bearing interest
at the rate of 10% per annum after maturity until paid. Dower and homestead relinquished.
The
following described real estate, situate in the district of ____, county of Crittenden, State of
Arkansas, to-wit; NW¼ of NE¼ of Section 10 in Township 8 North, Range 6 East,
containing 40 acres more or less.
October 6, 1927
A. G. Douglass and Elizabeth W. Douglass, his wife, to V. R.
Lunsford. Warranty Deed, consideration $100.00 and other valuable
considerations, receipt hereby acknowledged. Grantors (Douglass) agree to pay
the levee taxes and the state and county taxes for the year of 1927, and the
grantees (Lunsford) assume and agree to pay all taxes for the year of 1928,
including improvement taxes that become delinquent April 10, 1928 and to pay
all taxes thereafter.
October 2, 1933
A. G. Douglass to V. R. Lunsford and Gladys Lunsford, his wife.
Release, that in consideration of $1.00 to me in hand paid, and of full payment
of all indebtedness mentioned in a certain mortgage dated September 15, 1927,
and recorded in Book 130 at page 361, in the Circuit Clerk’s office in and for
Crittenden County, Arkansas, and executed by V. R. Lunsford and Gladys
Lunsford, his wife, in favor of A. G. Douglass and on the following property,
all located in Crittenden County, Arkansas, to-wit; (land description) the lien
on the property above mentioned is hereby discharged and released in full.
August 31, 1954
Probate
Court of Crittenden County, Arkansas, in the matter of the Estate of V. R.
Lunsford, deceased. Petition for Appointment of
Administrator; Gladys Lunsford, RFD 2, Earle, Arkansas, whose interest in the
estate of the decedent is that of widow, requests that letters of
administration on the estate of said decedent be issued.
The
facts, so far as they are known to or can be reasonably ascertained by
petitioner are: The decedent V. R. Lunsford, aged 60, who resided at Earle in
Crittenden County, Arkansas, died intestate at Memphis, Tennessee, on the 1st
day of August, 1954. The surviving spouse and heirs at law of the decedent, and
their respective ages, relationships to the decedent, and president residence
addresses are as follows;
Gladys Lunsford, adult,
Widow, RFD 2, Earle, Arkansas
Allison Lunsford, age 34,
Son, Earle, Arkansas
Herbert Lunsford, age 31,
Son, Earle, Arkansas
Petitioner nominates Gladys Lunsford, widow of
decedent, for appointment as administratrix of the
estate.
September 4, 1954
Probate
Court of Crittenden County, Arkansas, In the Matter of the Estate of V. R.
Lunsford, deceased. On this day, there is presented to the Court the petition
of Gladys Lunsford for letters of administration on the estate of V. R.
Lunsford, deceased, and the court being fully advised in the premises finds:
That V. R. Lunsford, aged sixty, who resided near Earle, in Crittenden County,
Arkansas, died intestate at Memphis, Tennessee, on the 1st day of
August, 1954, leaving certain personal property in Crittenden County, Arkansas,
and real property in Crittenden County, Arkansas. That said decedent also left
surviving him two sons, both of whom are adults, and his widow, Gladys
Lunsford, likewise an adult, and who is a resident of Crittenden County,
Arkansas. That there is a necessity for administration upon the estate and
Gladys Lunsford, the widow of the deceased and the petitioner herein, is a
suitable person to act as such and letter of administration should be issued to
her upon her making bond with corporate surety in the amount of $4000.00.
The
Court further finds that the petition is not opposed by any interested person
and that no application for notice has been filed in this cause. It is
therefore, by the court, considered, ordered and adjudged; That Gladys Lunsford
be and she is hereby appointed administratrix of the
estate of V. R. Lunsford, deceased, and the Clerk of this Court will issue
letters of administration to her upon her acceptance of this appointment, and
upon her giving bond with good and sufficient surety in the amount of $4000.00.
Therefore, the petitioner produces to the Court her bond in said sum with the
Hartford Accident and Indemnity Company as surety, which bond is by the Court examined
and approved.
May 15, 1974
Crittenden Abstract and Title Company, prepared for
Allison R. Lunsford
certifying from February 16, 1921
May 15, 1974
Duplicate Patent for Swamp
and Overflowed Lands, State of Arkansas
March 26, 1953, No. 199 in favor of George W.
Underhill, 1803.93 acres
June 30, 1871, Commissioner
of State Lands, State of Arkansas, issued Patent No. 2226 to E. M. Apperson, assignee of George W. Underhill.
Original
Patent has been lost or mislaid, so that it cannot be found, therefore the
heirs and legal representatives of E. M. Apperson are
entitled to another Patent from the State of Arkansas, May 15, 1974.
Deed
is issued by me in lieu of original, averred and proven to have been lost by
James D. Sutton.
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Source:
Original Abstracts
Guarantee Abstract Company, Crittenden Abstract and
Title Company
Extracted by Deborah Lunsford Yates. July 2008
Last Updated Wednesday, July 09, 2008 11:29:58 AM CST
