Foster A. Pirtle Petition to sell land

Foster A. Pirtle Petition to sell land

Location:
White Co., TN
When:
August 6, 1878

Description:

White County Tennessee
County Court Clerk's Vault
Loose Papers
File Folder: Jacob L. Pirtle   Estate


Foster A. Pirtle		|
vs			|	Petition to sell land
Mary Ann Chambers et al	|

Filed the 6th August 1878	F. M. Sims Clerk

State of Tennessee
To the worshipful County Court for White County.  The petition 
of Foster A. Pirtle a citizen of White County Tennessee, 
complainant.
Against
Mary Ann Chambers widow of (blank) Chambers deceased, formerly Mary 
Ann Pirtle, citizen of Kansas, Perry W. Pirtle citizen of Texas, 
Tennessee R. Pirtle citizen of the State of Indiana, Jacob R. 
Pirtle a citizen of Texas.



Petitioner Foster A. Pirtle shows the Court, that Jacob L. Pirtle 
died in White County in said State some time in April 1876, leaving 
his widow Jane Pirtle who was endowed of his real estate by the 
County Court of White County also leaving the petitioner, Foster A. 
Pirtle and the above named defendants his only heirs at law, and 
are adults, there being no minors or femes covert.  The Petitioner 
shows the Court that the widow Jane Pirtle has died since her 
assignment of dower.  Petitioner charges that Jacob L. Pirtle died 
seized and possessed of the two following tracts of land situate in 
White County Tennessee, in Civil District No. 5.  The first tract 
contains by estimation 138 acres more or less, and bounded as 
follows: Beginning on a rock (formerly a black walnut corner) in 
what was Robt Cook's line, running Eastwardly to the ford of the 
creek or branch, thence up said creek with its meanders, passing 
the head of the spring to a white oak at the mouth of a hollow, 
thence up said hollow a direct line made by John Cantrell and Smith 
Cantrell heirs & representatives Aaron Cantrell dec'd to a stake 
outside of the fence on the East side of said Smith Cantrell's post 
of said farm, thence Northwardly to a new chopped line to a post-
oak, thence Eastwardly to a black oak standing on the line (then 
Bsahard Crowder) thence South with said line, to a stake in Cook's 
line, thence West with Cook's line to a small white oak sapling his 
North West corner at the mouth of a hollow, thence up said hollow a 
marked line toward the Cypress Swamp to a small black oak sapling 
Geo Pirtle's corner, thence West with said Pirtle's line to a post 
oak in the East boundary line of Robt Cook's tract of land whereon 
he then lived, thence North with said Cook's line 70 poles to the 
beginning.  The Second tract is described as follows: Beginning on 
a stake in the Carthage road near the ford of the creek running 
thence North 65� East up said creek on a conditional line 18 poles 
to a horn bean with a buck eye and black oak pointers, thence South 
88� East 9 poles to a large black oak, thence South 76� East 7 
poles to a small black walnut, thence South 81� East 32 � poles to 
a stake, with white oak & red oak & walnut pointers, John Cook's 
corner, thence East 10 poles to a gum & gum pointers, thence North 
77 � East 11 poles to a white oak, thence North 65� East 7 poles to 
a white oak, thence North 70� East 8 poles to a maple, thence South 
80� East 14 poles to a white oak John Cook's corner, thence South 
24� East on his line 192 poles to a stake with two post oak 
pointers another of Cook's corners, thence South on a line of the 
same and passing a black oak corner at 26 poles in all 92 poles to 
two black gums in a swamp in said Cook's line, thence South 83� 
West on a conditional line 64 poles to a stake in a field, thence 
South 52� West crossing a pond in all 42 poles to a stake in the 
Cartage road running thence with the meanders of said road, thence 
North 15� West 24 poles, thence North 8� West 24 poles, thence 
North 5� West 24 poles, thence North 14 1/2� West 36 poles, thence 
North 10� West 14 poles, thence North 60� East 8 poles, thence 
North 13� West in the spring branch 12 poles to the beginning.
Petitioner states that he and the defs hold the said lands in 
common as the heirs of said Jacob L. Pirtle in undivided portions 
and that the legal right of petitioner & the defts is clear, and 
they hold the same by descent from their deceased parents as above 
stated.  Complainant further alleges that the premises are so 
situated that partition thereof in kind, cannot be made & that they 
are of such a description that it would be manifestly for the 
advantage of the parties concerned that the same should be sold 
instead of partitioned in kind.
Premises therefore considered this petitioner prays that the 
persons named as defts to this petition be made parties to this 
complaint, that publication be made as to non resident defts, that 
they be required to answer fully every allegation in this petition, 
and upon final hearing he prays that said real estate be divided 
among the claimants according to their respective rights, and he 
prays for all such other special relief as he may be entitled to, 
and he also prays for general relief and he will every pray & c.
T. J. Bradford   Sol
For petitioner

State of Tennessee	|
White County		|
Personally appeared before me F. A. Williams J. P., Foster A. 
Pirtle & made oath that the matters & things set forth in the above 
petition are true to the best of his information & belief.
Attes   F. A. Williams   JP				F. A. Pirtle

It is ordered by me that publication be made for the above named 
nonresident Defts to appear at the October Term of the County Court 
of White County and plead answer or demur to the above Petition or 
the same will be taken for confessed and set for hearing Exparte as 
to them and it is further ordered that publication be made in the 
Sparta Indix a Public News paper for four consecutive weeks the 
last Publication to be more than one week before the October Term 
of said County Court 1878.
F. M. Sims   Clerk



Transcribed By:
James R. Blanks
114 Somerset Lane
Tullahoma, TN 37388
July 30, 2001

3

Links



Collection: James R. Blanks's Collection - White County Papers

[Home]


Created: 11/17/01 4:19:31 PM
PhotoWebMaker