White Co., TN | 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