Claim Against
Henry Cullin Lunsford & J. H. Mitchell
By William
Lunsford
Subpoena to
Answer
Chancery Court
May 1876 – Feb 1877
NOTE
$700.00 On
or before the 1st day of January 1874 I promise to pay to William
Lunsford on order Seven Hundred dollars being the first payment for a tract of
123 36/160 acres of land this day purchased of him.
This
10th day of March 1873 C. H.
Lunsford
NOTE
$275.00 On
or before the 1st day of January 1875 I promise to pay to William
Lunsford on order Two Hundred and Seventy Five Dollars with interest from the 1st
day of January 1874, being the second payment for a tract of 123 36/160 acres
of land this day purchased of him.
This
10th day of March 1873 C. H.
Lunsford
NOTE
$275.00 On
or before the 1st day of January 1876 I promise to pay to William
Lunsford on order Two Hundred and Seventy five dollars with interest from the 1st
day of January 1874, being the third and last payment for a tract of 123 36/160
acres of land, this day purchased of him.
This
10th day of March 1873 C. H.
Lunsford
No. 151 R. D. “B.”
IN CHANCERY
Wm. Lunsford
Vs. } Subpoena to Answer
H. C. Lunsford Et al
Steele, Marley & Steel, Sols for
Complainant
STATE OF
To
the Sheriff of
WE
COMMANDYOU TO SUMMON
H. C. Lunsford
if to be found in your county, to appear
before the Chancery Court at Ripley, Tennessee, on the 3rd Monday in
November (1876) next (it being the 20th day of said month, and one of the rule
days of said Court) to answer the Bill of Complaint of
William Lunsford vs. H. C. Lunsford and J. H. Mitchell
a copy of which accompanies this writ, and
further to do and receive what our said Court shall consider in that behalf,
and this you shall in no wise omit under the penalty prescribed by law. And
herein fail not, and have you then and there this writ, showing how you have
obeyed the same.
WITNESS,
J. N. Wardlaw, Clerk and Master of our said Chancery
Court at office in the Court House in the town of Ripley, the 3d Monday in May
1876, and 100th year of American Independence.
J. H. Wardlaw, Clerk and Master
By J. B. Wardlaw, D. C. & M.
Issued 14th day of Nov 1876
Jo. B. Wardlaw, D.
C. & M.
Came to Hand 15th day of November
1876
Sheriff
Executed by
T. D. Cobb, Sheriff
Know All Men by these Presents:
THAT
WE, William Lunsford and Thomas Frielg are held and
firmly bound unto H. C. Lunsford and J. H. Mitchell in the just and full sum of
Two Hundred and Fifty Dollars, for the payment of which, well and truly to be
made, we, and each of us, bind ourselves, our heirs, executors, and
administrators, jointly and severally, firmly by these presents.
Sealed
with our seals, and dated the 11th day of November 1876
Now,
the condition of the above obligation is such that, whereas, the above bound
William Lunsford has this day filed a Bill of Complaint in our Chancery Court,
at Ripley, Tennessee, against the said H. C. Lunsford and J. H. Mitchell,
defendants, and prayed for and obtained the issuance of writs of subpoena upon
the matters therein set forth.
Now,
if the said William Lunsford complainant shall prosecute said suit with effect,
or on failure, shall pay to say defendants all such costs and damages as may be
awarded against him, this obligation to be void, otherwise to remain in full
force and affect.
William
Lunsford {Seal}
By
Thomas Freilg
His
Attorney
Thomas
Freilg
Proof of Publication
State of
Personally
appeared before me, J. L. Sparks, Editor and publisher of the Ripley Weekly
News who makes oath, that the annexed Non-Resident publication in the case of
Wm. Lunsford, vs. H. C. Lunsford and J. H. Mitchell, was published in the said
newspaper for four successive weeks to wit; The issues
for January 11th, 18th, 25th & February 1st,
1877.
J.
L. Sparks
Subscribed and sworn to before me, this Feb
7th, 1877
J. N. Wardlaw, C. & M.
NON-RESIDENT NOTICE
In the Chancery Court at
William Lunsford vs.
H. C. Lunsford and
IN THIS CAUSE IT APPEARDING FROM the
affidavit of the complainant, on file in this cause, that the defendant, J. H.
Mitchell, is a non-resident of the State of Tennessee, and a citizen and
resident of the State of Missouri. It is
therefore ordered by me that publication be made for four consecutive weeks in
the Ripley News, a newspaper published in the town of Ripley, Tennessee,
requiring said J. H. Mitchell to appear before the Chancery Court at Ripley,
Tennessee on the 1st Monday in February, 1877, (it being the 5th
day of said month, and one of the rule days of said ____) and plead, answer or
demure to complaint bill, or make defence thereto
within the same required by law, or the same will be taken for confessed
against him and set for hearing ex parte as to him.
J. N. Wardlaw, C. & M.
Steele,
Marley & Steele, Sol’s for Plff.
Source:
Ripley,
Indexed
by Bettie Davis
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Wednesday,
March 22, 2006, 8:20:55 PM CST
