BENNETT S. LUNSFORD

PETITION

HEIRS OF JOHN NORRIS

LAUDERDALE COUNTY, TENNESSEE

 

 

LAUDERDALE COUNTY, TENNESSEE

COURT MINUTES, BOOKS E, F

 

 

Minute Book E, May Term 1866

 

Bennett J. Lunsford

Vs ]   Partition

Heirs of Norris

 

Jurisdiction Diem

 

 

This cause coming on to be heard on petition ________ and proofs and is approved to the satisfaction of the court that Benjamin Norris, Andrew J. Norris, Mary Norris, William Carroll Norris, Josiah Acuff and the heirs of John Norris, deceased, representing them present ________________ of John H. Norris and as such heirs of a tract of land containing 205 Acres and lying in the State of Tennessee, Lauderdale County, 11th Civil District and bounded as follows;

 

Beginning at a stake 74 east of the N. W. corner of an entry for 153 2/10 Acres made in the name of O. Baker with west boundary line of a grant for 5000 acres made in the name of Adam Boyd; runs thence west same Baker’s line 74 poles to his N W corner, one dead hickory marked O. B.; thence south 28 poles to a horn beam marked M. H. the N E corner of an entry for 158? Acres thence west 85 poles with his line to a ____ marked J. H. H. and 3 sweet gum pointers; thence north of sweet gum marked J. H. H. and 3 sweet gum pointers; thence north of sweet gum marked J H H 3 sweet gum pointers standing on the bank of Forked Deer River; thence up same with its meandering and 38 poles to a _____ sycamore marked H H and 2 pecan pointers; thence east 135 poles to a stake in the west boundary line of the said 5000 acre tract of Adam Boyd’s, the beginning containing 200 acres or the same more or less.  And it further appearing to the satisfaction of the court that the Bennett J. Lunsford ______ of the ________ J. Norris his interest in the said land, and it appearing to the court from the report of the clerk upon an order afore____? To him made that it would be manifestly for the advantage of all the parties that the land be sold for partition.  It is therefore ordered that the clerk of this court be and he is hereby appointed a commissioner to sell the said land after the usual advertisement at he courthouse door for $50 in cash and the balance upon a credit of eight months and from the day of sale a lien upon the land being retained and good personal security being taken to secure the payment; and report to this court his action in this promises???

Ordered that court adjourn until ……

 

 

S. A. Thompson

Jas. Gillespie

S. M. Glenn

 

 

Minute Book E, July Term 1866, Pages 403-404

Tuesday Morning, July 3rd, 1866

No. 5

 

Bennett S. Lunsford

Vs

Benjamin F. Norris

Wm C. Norris

Sarah Acuff

Andrew J. Norris

& Mary J. Norris

 

                                                               Petition for Sale for Partition

 

Be it remembered and that this cause came on to be finally heard on this the 3rd day of July, 1866, before the worshipful County court of Lauderdale County, State of Tennessee, upon the Interlocutory Decision of said court at the June Term 1866, and the report of the Clerk of said Court, which is in the words and figures following, to wit;

 

Commissioners Report

 

The undersigned would report that he sold the land mentioned in the pleadings at public auction, after having advertised according to the decree in this cause at the court house door in the Town of Ripley on the 9th day of June 1866 when Bennett Lunsford became the purchaser for the sum of Four hundred and thirty seven dollars, he paid fifty dollars in cash, and executed his note for three hundred and eighty seven dollars eight months after date, and dated the 9th day of June, 1866, with Jo. C. Marley and John Leird for his securities.

  

All of which is Respectfully submitted July 2nd 1866.

 

                           George Johnston, Clerk and Commissioner

 

Which report being unexcepted to, is in all things, confirmed.  It is therefore ordered, adjudged and decreed by the court that said sale be confirmed.

 

 

Minute book E, Pages 566, 567, 568

February Term, 1867

 

B. S. Lunsford

Vs

B. F. Norris, et al                                            

 

Final Decree

 

Be it remembered that on this the 5th day of February 1867, this cause came on finally to be heard, upon the report of the commissioner appointed to sell the land in the pleading mentioned, which report is in the words and figures following, to wit;

 

Bennett S. Lunsford

Vs

Benjamin F. Norris, et al

 

Commissioners Report

 

To the worshipful county court of Lauderdale County, Tennessee, your commissioner would report that he has collected on the note of B.S. Lunsford, the purchaser of the land in the pleadings mentioned, the sum of $272.16.  The cash payment was $50.00 which amounts to $322.16.  The cost in the above case is $28.74  Total  $293.42

 

               Which leaves in the hands of the Commissioner Two hundred and ninety three 42/100 dollars subject to the order of this court.

 

The said B. S. Lunsford owns one sixth interest, to wit $68.94 1/3 and produced receipt executed to him by F. F. Norris for one sixth of the net proceeds of the sale of said land amounting to $68.94 1/3 which two interests added to the cash _____ (purchase) and the payment on note, amounts to the sum of the purchase money after deducting the cost in this cause.

 

               Respectfully submitted February 5th, 1867

               George Johnston, Clerk and Commissioner

 

And being no exception to said report, it is in all things ordered to be ______ that B. S. Lunsford, the purchaser of the said lands, has paid the whole of the purchase money, except the two shares.  It is therefore ordered, adjudged and decreed that all the right, title and interest which the parties to the above said have in the said land (except the interest of complainant B. S. Lunsford who is purchaser as aforesaid) which is secured to him by deed, properly authenticated, and produced in court, be ____ the same is hereby divested out of them and vested in the said B. S. Lunsford, and his heirs forever as this record is intended perpetually to testify.

 

Minute Book F, March Term 1867

                                                                

B. S. Lunsford

Vs

B. F. Norris, et al

 

Whereas a “final” decree was entered in the above cause at the last (February) term of this court, divesting and vesting the title & c, and whereas it appears from the report of the commissioner which is embodied in said decree that there was remaining in his hands the sum of Two Hundred and Ninety Three 42/100 Dollars; and whereas it appearing from said report and decree, that two of the parties entitled, have received their shares of the proceeds of the land mentioned & c; It is therefore ordered and decreed that he said commissioner, George Johnston, upon satisfactory proof as to the parties entitled to the said sum remaining in his hands, pay the same over to them and take their receipt for the same.

 

S. A. Thompson

J. D. Hubbard

W. A. Wood

 

 

 

 

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Source:  Lauderdale County Court Minutes

Lauderdale County Courthouse, Ripley, Lauderdale County, Tennessee

Transcribed by Deborah Lunsford Yates

 


 

© Deborah Lunsford Yates, 2000 - 2004

Last Updated Monday, July 26, 2004, 9:14:58 PM CST