G. C. Lunsford
~ vs ~
John Woodard Et Als
Minute
Book Q, Page 289
State
of
G. C. LUNSFORD
VS
JOHN WOODARD ET AL
In this cause it appearing to the
court from the allegations in the Complainants bill which is sworn to that the
defendant Isaac Ledbetter, ______ Ledbetter whose Christian name is unknown and
cannot be ascertained after diligent inquiry, Columbus Manley and James Manley
are non residents of the State of Tennessee and are citizens and residents of
the State of Arkansas. It is therefore
ordered by this Court that said defendant Isaac Ledbetter, _____ Ledbetter,
Columbus Manley and James Manley appear before the County Court of Lauderdale
County at the Court house in Ripley Tennessee on the first Monday in January
1893 next and defend this suit within the time prescribed by law, or
Complainants bills will be taken for confessed against them and set for hearing
Exparte as to them.
It is further ordered by the Court that a copy of this order be
published once a week for four consecutive weeks in the
Ordered that Court
adjourn until Court in Cause.
J.
F. Young, Chairman
Minute
Book Q, Page 379
G. C. LUNSFORD
VS
JOHN WOODARD ET AL
In this cause it appearing to the
court that the defendant John Woodard and Luna Woodard have been duly served
with process of subpoena and copy of the bill in this cause more than five days
before the present term of this court and have failed to enter their appearance
herein ordered by the court that complainants bill be taken for confessed
against said John Woodard and set for hearing Exparte
as to him: and it also appearing to the court that publication has been made as
required by and also in pursuance of the order of publication made in the cause
for four consecutive weeks in the Lauderdale County Enterprise a weekly news
paper printed and published in the town of Ripley Tennessee, requiring the
defendants Columbus Manley, Juni Manley, Isaac Ledbetter
and _______ Ledbetter to appear before this court at the present term thereof
and defend this suit within the time prescribed by law and they have failed to
enter their appearance herein. It is
therefore ordered by the Court that Complainants bill be taken for confessed
against the defendants John Woodard, Isaac Ledbetter, Columbus Manley and set
for hearing, Exparte as to them, and it appearing to
the Court that the defendants Luna Woodard, James Manley and _______ Ledbetter
are minors under twenty one years and have no regular guardian. It is ordered by the court that George W.
Young be and is hereby appointed Guardian Ad-litem
for said minor defendants to defend this suit for them.
Minute
Book Q, Page 382, 383, 384,385
Tuesday morning, 9 o'clock, Jany
10th 1893. Court met pursuant to adjournment. Present and presiding, the
worshipful J. F. Young Chairman, R. W. Wood Sheriff and Jo. N. Wardlaw, Clerk. When
the following proceedings were had and entered of record to wit:
G. C. LUNSFORD
VS
JOHN WOODARD ET AL
This cause was this day heard upon the bill exhibits
and answer by their Guardian Ad-litum of minor
defendants, order pro-confesso against the other
defendants and proof when it appeared to the court that on or about the _____
day of ______ 1876, Wm Singleton died intestate at his residence in Lauderdale
County, Tennessee and that he died seized and possessed and the owner infer of
the tract of 104 1/2 acres of land in the pleadings described which is situate
lying and being in the 6th Civil district of Lauderdale County
Tennessee and bounded as follows;
Beginning at a stake with 6 Red bud
pointers in the North line of an Entry of 860 acres in the name of Charles
McClung and 160 poles east of his N. W. Corner; then West 160 poles to a black
gum dogwood and 2 black gum pointers at the N. W. Corner of said McClung
Entry. Then north 32 poles to a stake 2
white oak pointers then west 40 poles to a stake 2 dogwood black gum and Buck
pointers. Thence north 58 poles to a
stake dogwood bush and white oak pointers in the south line of an entry for 140
acres in the name of the Trustees of
1st
Complainant owns the dower interest of the widow of said Wm. Singleton.
2nd
Mrs. Elizabeth Webb owned one fourth of said land subject to said dower
interest.
3rd
Mary Manley owned one fourth of said tract of land subject to said downer and
upon her death her interested descended and belonged to defendant
3rd
[4th] Mr. Nancy Ledbetter owned
one fourth of said land, subject to said dower interest and upon her death it
descended and belonged to her five children to wit: M. E. Ellis, wife of J. A.
Ellis. W. J. Ledbetter, A. M. Ledbetter,
S. J. Ledbetter and the defendant _____ Ledbetter which made them own 10/40 or
2/40 each. Also, Susanna Woodard owned
one fourth of said land subject to said dower interest and upon
.................... children to wit:
Luna Woodard, S. W. Musgraves and James Musgraves and upon the death of said James Musgraves his interest descended and belonged to defendant
Luna Woodard and said S. W. Musgraves which made them
own 10/40 or 5/40 each, and on the 20th day of October 1891 said M.
E. Ellis and her husband J. A. Ellis, W. J. Ledbetter, A. M. Ledbetter and I.
J. Ledbetter conveyed their interest in said land which was 8/40 to complainant
who is now the owner of it. Their deed
is registered in the Registers office at Ripley, Tennessee in Book B. B., pages
1, 3, 4 & 5, and on the 5th day of August 1892 Elizabeth Webb
her husband being dead conveyed her
interest in said tract of land to Complainant who is the owner thereof
now. Said deed is registered in the
Registers office at Ripley Tennessee in book C. C. pages 86 & 87 and on the
16th day of February 1891, S. W. Musgraves
by his deed of said date conveyed to complainant his interest in said land said
deed is registered in the Registers Office at Ripley Tennessee in Book C. C.
page 174.
Under
these conveyances Complainant is the owner 1st of the dower interest
of Mr. C. J. Williams. 2nd of an indivded 23/40 of
said tract of and subject to said dower interest. 3rd defendant
The court
doth so adjudge and decree, and it appearing to the court that said tract of
land on the premises are so situated that partition thereof cannot be made and
the premises are of such description that it would be manifestly for the
advantage of the parties that the same should be sold instead of divided or
partitioned. The court doth so adjudge and decree.
It
is therefore decreed by the court that the clerk of this court after first
advertising the time and plan of sale for twenty days by printed hand bills at
five or more public places in Lauderdale County Tennessee proceed to sell said
tract of land for partition subject to said dower interest at public auction at
the court house in Ripley for one fourth of the purchase money cash in hand,
the balance on a credit of twelve months taking from the purchased note with
two good and solvent sureties for the deferred payment and retain a lien on
said land until the same is paid and ascertain if there is any taxes due upon
said land on the day of the sale thereof that are a lien upon it.........report
of sale to the next term of this court.
Order
that court adjourn until tomorrow morning at
J. F. Young, Chairman
Minute
Book Q, Page 406
G. C. LUNSFORD
VS
JOHN WOODARD ET AL
The undersigned Clerk of this Court
would respectively report, that in obedience to a decree made in this cause at
the January term 1893, of this court that after advertising as directed in said
decree that he sold the land described in the bill in this cause at public
auction to the highest bidder at the Court House door in the town of Ripley
Tennessee on the 4th day of February 1893. When it was knocked off and sold to G. C.
Lunsford at the price of Three hundred dollars.
He paid 1/4 of said amount ($75.00) in cash and executed his note with
G. T. Hargett and W. R. Miller for his security for
$225.00 due twelve months after date and dated the 4th day of
February 1893. And he has in every way
complied with the terms of sale.
I find that there is taxes due on said
land that is a lien on the same for the year 1890 - $6.20 and cash amounting to
$2.30 and for the year 1891 $5.08 and 1892, $3.48 making in all $17.06.
Respectfully
submitted February 7th
Jo H. Wardlaw,
Clerk
And
it appearing to the Court from said report of sale that G. C. Lunsford became
the purchaser of said tract of land ordered to be sold during the last term of
this court which is described as follows:
Beginning
at a stake with three red bud pointers in the North line of an entry of 860
acres in the name of Charles McClung and 160 poles East of his Northwest
corner; thence west 160 poles to a black gum, dogwood and two black gum pointers at the north west corner
of McClung's Entry, then North 32 poles to a stake two white oak pointers
thence West 40 poles to a stake, two dogwood, black gum and buck pointers,
thence North 58 poles to a stake dogwood, buck and white oak pointers in the
South line of an Entry for 140 acres in the name of the Trustees of East
Tennessee College; then East 200 poles to a black gum at the south east corner
of said College tract; thence south 90 poles to the beginning, containing 104
1/2 acres and has complied with terms of sale.
It is therefore decreed by the court
that all the right title interest and claim that the defendants John Woodard,
Luna Woodard, Columbus Manley, James Manley, Isaac Ledbetter and _______
Ledbetter have in and to said tract of land be divested out of them and vested
in said G. C. Lunsford the purchaser thereof subject to a lien for the unpaid
purchase money which is retained on said land until the same is paid in full,
and it appearing to the Court that this is a proper case under the Act of 1887,
Chapter 183, page 31 to have the fee of Thomas Steele solicitor for
Complainant, paid out of the common fund, the Court doth so order adjudge and
decree. And it not appearing to the
Court what would be a fair and reasonable fee for said Thomas Steele solicitor
for Complainant said matter is referred to the clerk of this Court, to take
proof upon and report to the present term of this court, until the coming in of
said report all other questions are reserved, and now upon the coming of said
report, which being unexcepted to is confirmed and is
in the words and figures following to wit:
Court
would respectfully Report that in obedience to an order of reforma
made in this cause at the present term of this Court as to the attorney fee, He
finds from proof taken that Thirty dollars would be a fair and reasonable fee
for his services as attorney in this cause.
Respectfully
Submitted
Jo. N. Wardlaw,
Clerk
From
which report it appears to the Court that Thirty dollars would be a reasonable
fee for Thomas Steele Solicitor for Complainant, the Court doth so adjudge and
decree, the Clerk of this Court out of the cash payment will retain the Cost of
this cause and pay the taxes due upon said land on the day of the sale thereof
and Thos. Steele his fee and report at the present term of this Court.
Minute
Book Q, Page 412
G. C. LUNSFORD
VS
JOHN WOODARD ET AL
This cause was this day further heard upon the report of
the Clerk of this Court which being unexcepted to is confirmed and is in the words and figures following to
wit:
In the County Court of
The undersigned Clerk of this Court would respectfully
report that in obedience to an order made in this Court at the present term of
the Court, That I have retained the cost in this suit of ($41.70) and pad the
Taxes due that was a lien on said land on day of sale for the year 1890, 1891
and 1892, amounting to $47.06 and to Thos. Steele Atty
($16.24) on his fee amounting to in all $75.00.
The amount of the cash payment and that leaves due to Thomas Steele a
balance of $13.76 on his fee.
Respectfully
Submitted
Jo. N. Wardlaw Clerk
And it appearing to the Court that the cash payment of
$75.00 liked $13.76 of paying the cost, taxes and attorney's fees, the Clerk
out of the deferred payment will collect said $13.76 and pay same to Thos.
Steele on his fee allowed in this cause, and will then credit the deferred
payment with 23/40 of same and collect the balance of said defer payment. Said G. C. Lunsford the purchaser of the land
owning 23/40 of it when sold and the balance of the proceeds of said sale
belongs to defendants Columbus Manley, James Manley, Luna Woodard, ____
Ledbetter as follows; After deducting cost, taxes and attys
fees there was left for distribution $211.24 out of which complainant Lunsford
is entitled to a credit of $121.45 on his note and out of the balance
defendants Columbus Manley is entitled to $26.40, defendant James Manley is
entitled to $26.40, defendant Luna Woodard is entitled to $26.40 and defendant
_____ Ledbetter is entitled to $10.56.
Ordered that Court adjourn until tomorrow
morning
J. F. Young, Chairman
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© Deborah Lunsford Yates, 2000 – 2004
Friday,
January 09, 2004, 7:57:32
PM CST
