WILLIAM LUNSFORD

HEIRS AND ESTATE

LAUDERDALE COUNTY, TENNESSEE

 

 

LAUDERDALE COUNTY, TENNESSEE

COURT MINUTES, BOOK N

 

[ PAGES 98-99 ]

 

MONDAY, OCTOBER 15, 1886

 

 

A.R. LUNSFORD, ET ALS                     }    ORDER PRO CONFESSO & C

VS.                                                               }

J.W. LUNSFORD, ET ALS                     }

 

                                                                   IN THIS CAUSE, ON MOTION OF PETITIONERS, BY THEIR SOLICITATION AND IT APPEARING TO THE COURT THAT PUBLICATION HAS BEEN DULY AND REGULARLY MADE FOR FOUR  SUCCESSIVE WEEKS, IN THE RIPLEY NEWS, A NEWSPAPER PUBLISHED AT RIPLEY TENNESSEE, NOTIFYING AND REQUIRING THE DEFENDANTS,  RACHEL HARRISON AND HER HUSBAND, THOMAS HARRISON, A. R. OSTEEN,  SAMUEL OSTEEN, ALFRED OSTEEN, WILLIAM C. OSTEEN, SARAH WHITTEN AND HER HUSBAND, _________ WHITTEN, MINNIE TAYLOR AND HER HUSBAND, ________ TAYLOR, AND MRS. MOLLIE JAMES.  ALL OF WHOM ARE MADE DEFENDANTS TO THE BILL IN THIS CAUSE, TO BE AND APPEAR BEFORE THE COUNTY CLERK OF LAUDERDALE COUNTY, TENNESSEE, ON MONDAY THE 6TH DAY OF SEPTEMBER 1886, IT BEING THE FIRST DAY OF THE LAST TERM OF SAID COURT, AND PLEAD, ANSWER ON DEMUR TO THE BILL FILED AGAINST THEM IN THIS CAUSE ; AND THEY HAVING FAILED TO MAKE ANY DEFENSE TO SAID BILL, IT IS ORDERED BY THE COURT THAT SAID BILL BE, AND IS HEREBY TAKEN FOR CONFESSED AS TRUE AS TO ALL THE ABOVE NAMED DEFENDANTS, AND FOR HEARING, EX PARTE AS TO THEM.

                    

AND IT FURTHER APPEARING TO THE COURT THAT PUBLICATION HAS BEEN REGULARLY MADE FOR FOUR SUCCESSIVE WEEKS IN SAID RIPLEY NEWS, NOTIFYING AND REQUIRING THE DEFENDANTS IRA OSTEEN, WALTER OSTEEN, ANTHONY OSTEEN, AND ALONZO E. OSTEEN, TO APPEAR BEFORE SAID COUNTY CLERK, ON THIS FIRST DAY OF THE SEPTEMBER TERM 1886, OF THIS COURT (IT BEING MONDAY SEPTEMBER 6TH 1886) AND PLEAD, ANSWER OR DEMUR TO THE BILL FILED AGAINST THEM IN THIS CAUSE AND IT APPEARING FOR THE BILL WHICH IS SWORN TO, AND AFFIDAVIT FILED HEREIN THAT SAID LAST FOUR NAMED DEFENDANTS IRA OSTEEN, WALTER OSTEEN, ANTHONY OSTEEN AND ALONZO E. OSTEEN ARE MINORS UNDER THE AGE OF 21 YEARS AND HAVE NO REGULAR GUARDIAN; IT IS THEREFORE, ON MOTION OF COMPLAINANTS ORDERED THAT THOS. STEELE ESQUIRE, A SOLICITOR OF THIS COURT, BE AND IS HEREBY APPOINTED GUARDIAN AD LITEM AND SOLICITION FOR SAID FOUR MINOR DEFENDANTS, AND THAT BE DEFERRED THIS SUIT FOR THEM.

 

 

                                               MONDAY OCTOBER 15, 1886

 

A.R. LUNSFORD, ET ALS         }

VS.                                                   }           ORDER

J.W. LUNSFORD, ET ALS         }      

 

 

                              IN THIS CAUSE, ON MOTION OF COMPLAINANTS AND IT APPEARING THAT MORE THAN FIVE DAYS BEFORE THE FIRST DAY OF THE LAST SEPTEMBER TERM OF THIS COURT, THE DEFENDANTS, ELIZABETH WILLIAMS AND HER HUSBAND JOHN WILLIAMS AND RILEY LUNSFORD, LAURA LUNSFORD, STEPHEN LUNSFORD, AND ANDREW LUNSFORD, WERE BY THE SHERIFF OF DYER COUNTY TENNESSEE, REGULARLY SERVED WITH PROCESS, REQUIRING THEM TO APPEAR BEFORE THIS COURT, AT SAID SEPTEMBER TERM 1886, AND ANSWER THE PETITION IN THIS CAUSE, AND THEY HAVING FAILED TO MAKE ANY DEFENSE HERETO, IT IS ORDERED THAT SAID PETITION BE TAKEN FOR CONFESSED AS TRUE AS TO SAID ELIZABETH WILLIAMS, AND JOHN WILLIAMS AND SET FOR HEARING EX PARTE AS TO THEM - AND IT APPEARING FOR AFFIDAVIT HEREIN THAT RILEY LUNSFORD, LAURA LUNSFORD, STEPHEN LUNSFORD AND ANDREW LUNSFORD, ARE MINORS UNDER THE AGE OF 21 YEARS, AND HAVE NO REGULAR GUARDIAN, IT IS ORDERED THAT T. BUN CARSON, ESQUIRE BE, AND IS HEREBY APPOINTED GUARDIAN AD LITEM FOR SAID FOUR ABOVE NAMED MINOR DEFENDANTS, AND THAT HE DEFEND THIS SUIT FOR THEM- AND IT APPEARING THAT THE DEFENDANTS MARIAH LUNSFORD AND J.W. LUNSFORD WERE MORE THAN FIVE DAYS BEFORE THE PRESENT TERM, REGULARLY SERVED WITH PROCESS BY THE SHERIFF OF LAUDERDALE COUNTY, TENNESSEE, IN THIS CAUSE, REQUIRING THEM TO APPEAR BEFORE THIS COURT, ON THE  FIRST DAY OF THE PRESENT TERM, AND ANSWER THE BILL OR PETITION IN THIS CAUSE AND THEY HAVING FAILED TO MAKE DEFENSE TO SAID BILL, IT IS ORDERED THAT THE SAME BE TAKEN FOR CONFESSED AS TRUE AS TO SAID MARIAH LUNSFORD, AND SET FOR HEARING EX PARTE  AS TO HER - AND IT APPEARING FROM THE BILL, WHICH IS SWORN TO , THAT AND AFFIDAVIT HEREIN, THAT SAID DEFENDANT J.W. LUNSFORD IS A MINOR UNDER THE AGE OF 21 YEARS OF AGE, AND HAS NO REGULAR GUARDIAN-  THE SAID T.BUN CARSON, ESQUIRE IS ALSO APPOINTED GUARDIAN AD LITEM FOR SAID J.W. LUNSFORD TO DEFEND THIS SUIT FOR HIM.

 

                ORDERED THAT COURT ADJOURN UNTIL COURT IN COURSE

 

                                                                           BLAIR PEARSON,  CHRMM

 

 

LAUDERDALE COUNTY, TENNESSEE

COURT MINUTES, BOOK N

[PAGES 136-142]

 

SATURDAY DECEMBER 11TH- 1886

 

 

AR LUNSFORD, ET ALS            }

           VS.                                      }        DECREE

JW LUNSFORD, ET ALS            }

                                                                   

BE IT REMEMBERED THAT THIS CAUSE CAME ON TO BE HEARD, ON THIS, {ERROR}

 

               COURT MET PURSUANT TO ADJOURNMENT; PRESENT THE WORSHIPFUL BLAIR PEARSON, CHAIRMAN PRESIDING, W. R. MILLER, SHERIFF OF SAID COUNTY, AND WILLIAM H. JACKSON, CLERK-

 

 

AR LUNSFORD, ET ALS         }

            VS.                                   }             DECREE

JW LUNSFORD, ET ALS         }

 

                                                                         BE IT REMEMBERED THAT THIS CAUSE CAME ON TO BE HEARD ON THIS, THE 11TH DAY OF DECEMBER 1886, BEFORE THE WORSHIPFUL COUNTY COURT OF LAUDERDALE COUNTY, STATE OF TENNESSEE, BLAIR PEARSON ESQUIRE, JUSTICE OF THE PEACE AND CHAIRMAN OF SAID COURT, PRESIDING, ON THE REPORT OF COMMISSIONERS HERETOFORE APPOINTED IN THIS CAUSE, TO ALLOT DOWER AND HOMESTEAD TO MRS. MARIAH LUNSFORD, AND TO PARTITION THE LANDS DESCRIBED IN THE RECORD AMONG THE OTHER PARTIES HERETO, THE HEIRS OF WM LUNSFORD, DECEASED, WHICH SAID REPORT IS IN THE WORDS AND FIGURES FOLLOWING:

 

 

 

AR LUNSFORD, ET ALS        }

                 VS.                             }             COMMISSIONERS REPORT-

JW LUNSFORD, ET ALS        }

 

                                   TO THE WORSHIPFUL COUNTY COURT OF LAUDERDALE COUNTY, STATE OF TENNESSEE.

                                  

THE UNDERSIGNED COMMISSIONERS APPOINTED BY SAID COURT, AT ITS NOVEMBER TERM, 1886, IN THE ABOVE STYLED CAUSE TO ALLOT AND ASSIGN TO MRS. MARIAH LUNSFORD, AS WIDOW OF WM LUNSFORD, DEC’D, HER HOMESTEAD AND DOWER OUT OF THE LANDS DESCRIBED IN THE PLEADINGS AND DECREE IN SAID CAUSE OF A. R. LUNSFORD, ET ALS VS. J. W. LUNSFORD, ET ALS, AND TO PARTITION SAID LANDS AMONG THE HEIR’S OF SAID WILLIAM LUNSFORD, RESPECTFULLY REPORT AND SAY THAT, AFTER HAVING BEEN DULY SWORN ACCORDINGLY TO LAW, TO DO JUSTICE AMONG THE PARTIES TO THE BEST OF THEIR SKILL AND ABILITIES, ACCORDING TO THE DIRECTIONS IMPOSED ON THEM-  THEY HERETO ATTACH AND MAKE A PRINT OF THEIR REPORT, MARKED “EXHIBIT A” HERETO PLATS AND METES AND BOUNDS OF ALL SAID LANDS, DESCRIBED IN THE DECREE IN THIS  CAUSE AS YOUR COMMISSIONERS HAVE SURVEYED AND DIVIDED THE SAME-

 

                                   TO MARIAH LUNSFORD, WE ALLOT AND ASSIGN AS HER HOMESTEAD, THE TRACT OF LAND DESIGNATED AND DESCRIBED IN SAID “ EXHIBIT A” AS LOT NO.5 BEING ONE TRACT CONTAINING 68 ACRES AND 571/2 POLES, WHICH WE THINK IS OF THE VALUE, WITH IMPROVEMENTS, IN ALL, OF ONE THOUSAND DOLLARS.

 

                                  TO SAID MARIAH LUNSFORD, WE ALLOT AND ASSIGN, AS HER DOWER, THE TRACT DESIGNATED IN SAID “EXHIBIT A” AS LOT NO. 3, CONTAINING 56 ACRES, AND WHICH WE DEEM TO BE ONE THIRD IN VALUE OF THE LANDS THAT ARE NOT COVERED BY HER HOMESTEAD.

 

                                  WE HAVE ASSIGNED AND ALLOTED TO THE HEIR’S OF STEPHEN LUNSFORD, MENTIONED IN THE DECREE, THE TWO TRACTS OF LAND, DESIGNATED IN SAID “ EXHIBIT A” AS CONSTITUTING LOT NO. 1. ONE OF SAID TRACTS CONTAINS 100 ACRES- THE OTHER OF SAID TRACTS CONTAINS 63 ACRES AND 107 POLES AND SAID TWO TRACTS JOIN EACH OTHER- WHICH ARE OF THE VALUE OF $500.00.

 

                                  WE HAVE ASSIGNED AND ALLOTED TO MRS. RACHEL HARRISON, WIFE OF THOMAS HARRISON, THE TRACT OF LAND DESIGNATED IN SAID “ EXHIBIT A“ AS LOT NO. 2 CONTAINING 92 ACRES AND 137 POLES- WHICH IS OF THE VALUE OF $500.00.

 

                                 WE HAVE ASSIGNED AND ALLOTED TO MRS. SOPHRONIA E. KELTNER, WIFE OF J.G. KELTNER, THE TRACT OF LAND ASSIGNED IN SAID “EXHIBIT A”, AS LOT NO.4 CONTAINING 76 ACRES, WHICH IS THE VALUE OF $500.00.

                                 WE HAVE ASSIGNED AND ALLOTED TO THE HEIR’S OF MRS. ELIZABETH OSTEEN, MENTIONED IN THE DECREE, THE TRACT OF LAND DESIGNATED IN SAID “EXHIBIT A”, AS LOT NO. 6, CONTAINING 48 ACRES AND 101 POLES, WHICH IS OF THE VALUE OF $500.00.

 

                                 WE HAVE ASSIGNED AND ALLOTTED TO GREEN C. LUNSFORD (AS THE INTEREST DEVISED BY HIM FROM MRS. MATILDA TURNER) THE TRACT OF LAND DESIGNATED IN SAID EXHIBIT A, AS LOT NO 7, CONTAINING 48 ACRES AND 101 POLES , WHICH IS OF THE VALUE OF $500.00

 

                                 THE FOREGOING ASSIGNMENT AND ALLOTMENT OF LANDS TO SAME OF THAT HEIR'’ OF SAID WILLIAM LUNSFORD, EQUALIZES THE ADVANCEMENTS MADE TO THE OTHER HEIR’S, AS DECLARED IN THE DECREE.

 

                                 THE REVERSIONARY INTEREST IN THE TWO TRACTS, LOTS NUMBERED 3 AND 5, IN SAID EXHIBIT, WHICH ARE COVERED BY THE HOMESTEAD AND DOWER RESPECTIVELY,  WE HAVE NOT PARTITIONED FOR THE REASON THAT SAID LAND WHICH WAS NOT BY US PARTITIONED IS SO SITUATED AND OF SUCH DESCRIPTION, THAT IT CANNOT BE PARTITIONED WITH OUT GREAT INJURY AND PREJUDICE TO THE INTEREST OF ALL PARTIES CONCERNED, AND THAT SAME SHOULD BE SOLD FOR DIVISION, AND NOT PARTITIONED.

 

 

         ALL WHICH IS RESPECTIVELY SUBMITTED, THIS NOVEMBER 27TH, 1886

 

J. A. WALDING        }

J. C. LEIRD                 }          COMMISSIONERS

A. B. CARSON           }

M. W. GUDGEN         }

 

ENDORSED:

                                                                                  “FILED NOV. 27TH- 1886”

A. B. HEARNING, D.C.           

 

EXHIBIT A”

 

 

LOT NO. 1:   CONTAINING TWO TRACTS -

 

1ST TRACT,  IS BOUNDED THUS:  BEGINNING AT A STAKE IN THE WEST BOUNDARY LINE OF AN ENTRY IN THE NAME OF THOMAS HENDERSON FOR 640 ACRES, NOW  W.K LACKEY, A MULBERRY, ELM AND HORNBEAM POINTERS; RUNS THENCE WEST 100 POLES TO A STAKE IN A FIELD; THENCE NORTH 45 DEGREES WEST 44 POLES TO A STAKE; THENCE NORTH 26 POLES TO A STAKE; THENCE SOUTH 75 DEGREES WEST 54 ½ POLES TO A STAKE IN AN OLD FIELD; THENCE  SOUTH 115 POLES TO A STAKE IN THE NORTH BOUNDARY LINE OF THE BURHNAM TRACT; THENCE EAST WITH THE NORTH BOUNDARY LINE OF  JOHN W. LUCAS’ OLD SHEARER PLACE 51 POLES TO W. STAKE; THENCE NORTH 19 POLES TO A STAKE LUCAS’ CORNER; THEN EAST WITH HIS LINE 33 POLES TO A STAKE; THENCE NORTH 6 POLES TO A STAKE; THENCE EAST 30 POLES TO A STAKE, POPLAR POINTER; THENCE SOUTH 12 POLES TO A STAKE, HOEFT’S CORNER; THENCE SOUTH 83 DEGREES EAST 109 POLES TO A DOGWOOD, 3 3 ELM POINTERS; THENCE NORTH 55 OLES TO A STAKE IN W. K. LACKEY’S SOUTH LINE; THENCE WEST 35 POLES TO LACKEY’S S. W. CORNER; THENCE NORTH 20 POLES TO THE BEGINNING, CONTAINING BY ESTIMATION 100 ACRES.

 

[MAP: SCALE 50 POLES PER INCH]

 

2ND TRACT:   IS THUS BOUNDED AND DESCRIBED:  BEGINNING AT A STAKE IN THE EMILY THOMPSON BRANCH; AND IN THE BOUNDARY LINE OF WILLIAM BOYDSTON’S LAND AND THE SOUTHWEST CORNER OF THE CARSON 35 ACRES TRACT; AND RUNS THENCE EAST ALONG SAID BRANCH 38 POLES TO A STAKE IN THE BRANCH; THENCE SOUTH 50 DEGREES EAST, THENCE SOUTH 40 DEGREES EAST 6 POLES; THENCE NORTH 60 DEGREES EAST 7 ¾ POLES; THENCE NORTH 60 DEGREES WEST 10 ½ POLES; THENCE NORTH 20 DEGREES EAST 7 POLES TO A BEECH, STANLEY’S CORNER, THENCE EAST 68 POLES TO A STAKE IN CURLIN’S LINE; THENCE SOUTH WITH HIS LINE 34 POLES TO A STAKE IN NORTH BOUNDARY LINE OF THE LUNSFORD 100 ACRE TRACT; THENCE SOUTH 75 DEGREES WEST 14 POLES TO A STAKE IN AN OLD FIELD; THENCE SOUTH WITH THE 100 ACRE TRACT LINE 62 POLES TO A STAKE BY THE BRANCH. THENCE WEST 89 POLES TO A STAKE, BURNHAMS NORTH WEST CORNER; THENCE NORTH 42 POLES TO A STAKE; THENCE WEST 40 POLES TO A STAKE, BOYDSTONS EAST BOUNDARY LINE; THENCE NORTH 45 POLES TO THE BEGINNING CONTAINING 63 ACRES AND 107 POLES.

 

LOT NO. 2 CONTAINS ONE TRACT.

 

[MAP:  SCALE 50 POLES PER INCH]

LOT NO. 2:

IS BOUNDED AND DESCRIBED: BEGINNING AT WYATT LUNSFORD’S SOUTH EAST CORNER AND RUNS THENCE NORTH WITH HIS EAST BOUNDARY LINE 91 POLES TO HIS NORTH EAST CORNER; THENCE EAST 163 POLES TO A STAKE; THENCE SOUTH 91 POLES TO A STAKE, THE SOUTH EAST CORNER OF THE ORIGINAL TRACT OF WHICH THIS IS A PART; THENCE WEST, WITH THE ORIGINAL SOUTH BOUNDARY LINE 163 POLES TO THE BEGINNING, CONTAINING 92 ACRES AND 137 POLES.

 

[MAP: SCALE 50 POLES PER INCH]

 

LOT NO. 3 DOWER:

IS THUS BOUNDED AND DESCRIBED:

BEGINNING AT A DOGWOOD, MULBERRY, BLACK GUM AND HORNBEAM POINTERS, THE SOUTH WEST CORNER OF THE BLUFF TRACT, AND RUNS THENCE EAST 80 POLES TO A BLACK GUM, BEECH, ASH AND WALNUT POINTERS; THENCE NORTH 112 POLES TO THE BEGINNING, CONTAINING 56 ACRES.

 

LOT NO. 5  HOMESTEAD:

IS THUS BOUNDED AND DESCRIBED; BEGINNING AT THE SOUTH WEST CORNER OF J.A LUNSFORD TRACT, AND IN THE EAST BOUNDARY LINE OF GREEN BYRNS LAND, A BLACK AND SLIPPERY ELMS; RUNS THENCE EAST 87 ½ POLES TO A STAKE IN A FIELD; THENCE SOUTH 125 POLES TO A STAKE IN THE NORTH BOUNDARY LINE OF F.G FERGUSON’S LINE 87 ½ POLES TO FERGUSON’S NORTH WEST CORNER, A STAKE; T HENCE NORTH WITH MILLER’S AND BYRN’S EAST BOUNDARY LINE 125 POLES TO THE BEGINNING, CONTAINING 68 ACRES AND 57 ½ POLES, AS DOTH APPEAR IN THE PLAT ABOVE ANNEXED-  THE EAST FENCE TO BE SET ON THE LINE BETWEEN G. C. LUNSFORD AND THE  OSTEEN HEIR’S, ON THE EAST AND MRS. ……………{ENTIRE LINE WAS CUT OFF}

 

LOT NO. 6:

IN THUS BOUNDED AND DESCRIBED; BEGINNING AT A STAKE IN THE EAST BOUNDARY LINE OF THE HOMESTEAD AS NOW ALLOTED, AND 62 ½ POLES, SOUTH OF A STAKE IN J. A. LUNSFORD’S SOUTH BOUNDARY LINE, AND 62 ½ POLES NORTH OF A STAKE, THE SOUTH EAST CORNER OF SAID HOMESTEAD TRACT, BEING THE CENTER OF THE EAST LINE OF THE HOMESTEAD TRACT : RUNS THENCE EAST 124 ½ POLES TO A STAKE, TWO BEECHES, BLACK GUM AND IRONWOOD POINTERS, ON THE BANK OF THE CREEK, AND IN J.M CROCKERS WEST BOUNDARY LINE, THENCE NORTH WITH CROCKERS LINE 62 ½ POLES TO J. A. LUNSFORD’S SOUTH EAST CORNER; THENCE WEST WITH HIS LINE 124 ½ POLES TO A STAKE IN A FIELD, THE NORTH EAST CORNER OF THE HOMESTEAD TRACT ; THENCE SOUTH 62 ½ POLES TO THE BEGINNING; CONTAINING 48 ACRES AND 101 POLES AS MAY BE SEEN IN PLAT ABOVE ATTACHED -

 

LOT NO. 4:

IS BOUNDED AND DESCRIBED; BEING THE EAST END OF THE BLUFF TRACT; BEGINNING AT THE SOUTH EAST CORNER OF THE DOWER TRACT, A BLACK GUM, BEECH ASH AND WALNUT POINTERS; RUNS THENCE EAST 109 POLES TO A STAKE, POPLAR AND BEECH MARKED “G” POINTERS; THENCE NORTH 112 POLES TO A STAKE IN BONEY’S SOUTH BOUNDARY LINE; THENCE WEST WITH HIS LINE 109 POLES TO A STAKE, BEECH AND BLACK OAK POINTERS, THE NORTH EAST CORNER OF DOWER TRACT; THENCE SOUTH 112 POLES TO THE BEGINNING, CONTAINING 76 ACRES -

 

LOT NO. 7:

IS THUS BOUNDED AND DESCRIBED; BEGINNING AT A STAKE IN THE CENTER OF THE EAST BOUNDARY LINE OF THE HOMESTEAD TRACT, AS NOW ALLOTED, BEING THE BEGINNING CORNER OF LOT. NO. 6;   RUNS THENCE EAST 124 ½  POLES TO A STAKE, TWO BEECHES, BLACK GUM AND IRONWOOD POINTERS AND IN J. M. CROCKERS WEST BOUNDARY LINE, THEN SOUTH WITH HIS LINE 62 ½ POLES TO A STAKE, CROCKERS SOUTH WEST CORNER, IN G. W. FERGUSON’S LINE; THENCE WEST 124 ½ POLES TO A STAKE, THE SOUTH EAST CORNER OF THE HOMESTEAD TRACT; THENCE NORTH 62 ½ POLES TO THE BEGINNING, CONTAINING 48 101/160 ACRES AS APPEARS IN PLAT ABOVE ANNEXED.  

 

NOVEMBER 27TH 1886

 

               ENDORSED:                                        JA WALDING     }

               “FILED NOV. 27TH 1886”                    JC LEIRD            }

                AB HEARNING, DC                           SB CARSON      }    COMMISSIONERS

                                                                             MW GUDGEN    }

                                                                             & SURVEYOR   }

 

 

          AND THE SAID REPORT BEING UNEXCEPTED TO, IS BY THE COURT IN ALL THINGS CONFIRMED AND APPROVED: AND IT APPEARING THERE FROM THAT SAID COMMISSIONERS HAVE ASSIGNED TO MARIAH LUNSFORD AS THE WIDOW OF SAID WILLIAM LUNSFORD FOR HER HOMESTEAD, LOT. NO.5 DESCRIBED IN SAID REPORT AND EXHIBIT THERETO, BEING A TRACT OF 68 ACRES AND 57 ½ POLES- IT IS ORDERED, ADJUDGED AND DECREED THAT SHE HAVE AND HOLD A HOMESTEAD THEREIN, WITH SUCH ESTATE AND INTEREST, AS AND GIVEN BY THE LAWS AND CONSTITUTION ON THAT SUBJECT.

 

AND IT APPEARING THAT SAID COMMISSIONERS HAVE ALLOTTED AND ASSIGNED TO SAID MARIAH LUNSFORD, FOR HER DOWER, LOT NUMBER THREE (3) DESCRIBED IN SAID REPORT AND EXHIBIT CONTAINING 56 ACRES – IT IS ORDERED, ADJUDGED AND DECREED THAT SHE BE ENDOWED OF THE SAME FOR AND DURING THE PERIOD OF HER NATURAL LIFE, AND TITLE IN SAME FOR AND DURING THAT PERIOD & TIME, BE DIVESTED OUT OF THE OTHER PARTIES THIS SUIT AND VESTED IN HER.

 

AND IT IS THEREUPON FURTHER ORDERED ADJUDGED AND DECREED BY THE COURT THAT ALL THE RIGHT, TITLE AND INTEREST OF THE OTHER PARTIES TO THIS SUIT, TO WIT:

 

1.            RACHEL HARRISON (WIFE OF THOS. HARRISON)

2.            SOPHRONIA E. KELTNER (WIFE OF J. G. KELTNER)

3.            THE HEIRS OF MRS. ELIZABETH OSTEEN, WHO ARE NAMED IN A FORMER DECREE IN THIS CAUSE, MINUTE BOOK “N” PAGES 103-109

4.            GREEN C. LUNSFORD

5.            A. R. LUNSFORD

6.            HANNAH BYRN (WIFE OF GEO. W. BYRN)

7.            WYATT LUNSFORD

8.            JAMES A. LUNSFORD

 

IN AND TO THE TWO TRACTS OF LAND DESIGNATED AS LOT. NO.(1), IN SAID REPORT CONTAINING RESPECTIVELY 100 ACRES AND 63 ACRES AND 107 POLES, BE, AND THE SAME IS HEREBY DIVESTED OUT OF THEM, AND VESTED IN THE HEIR’S OF STEPHEN LUNSFORD, DECEASED, MENTIONED IN SAID FORMER DECREE, SEE MINUTE BOOK “N” PAGES 103-109, TO HAVE AND HOLD SAID TWO TRACTS IN FEE SIMPLE ACCORDING TO THIS SEVERAL RIGHT AND INTERESTS AS SUCH HEIR’S.

 

AND THAT ALL THE RIGHT, TITLE AND INTEREST, OF THE OTHER PARTIES TO THIS SUIT IN AND TO THE TRACT OF LAND DESIGNATED IN SAID REPORT, AS LOT NUMBER TWO (2), AND CONTAINING 92 ACRES AND 137 POLES, BE AND THE SAME IS HEREBY DIVESTED OUT OF THEM, AND VESTED IN MRS. RACHEL HARRISON (WIFE OF THOMAS HARRISON) IN FEE SIMPLE;

 

AND THAT ALL THE RIGHT, TITLE AND INTEREST OF ALL THE OTHER PARTIES TO THIS SUIT, IN AND TO THE TRACT OF LAND DESIGNATED IN SAID REPROT, NUMBER FOUR (4) CONTAINING 76 ACRES, BE AND THE SAME IS HEREBY DIVESTED OUT OF THEM AND VESTED IN MRS. SOPHRONIA E. KELTNER (WIFE OF J. G. KELTNER) IN FEE SIMPLE:

 

         AND THAT ALL THE RIGHT, TITLE AND INTEREST OF ALL THE OTHER PARTIES TO THIS SUIT, IN AND TO THE TRACT OF LAND DESIGNATED IN SAID REPORT AS LOT NUMBER SIX (6), CONTAINING 48 ACRES AND 101 POLES, BE AND THE SAME IS DIVESTED OUT OF THEM AND VESTED IN THE HEIR’S OF MRS. ELIZABETH OSTEEN, WHO ARE NAMED IN A FORMER DECREE IN THIS CAUSE, IN MINUTE BOOK “N”, PAGES 103-109, TO HAVE AND HOLD THE SAME ACCORDING TO THEIR RESPECTIVE INTERESTS AS FIXED BY SAID DECREE;

 

          AND THAT ALL THE RIGHT, TITLE AND INTEREST OF ALL THE OTHER PARTIES TO THIS SUIT, IN AND TO THE TRACT OF LAND DESIGNATED IN SAID REPORT AS LOT NUMBER SEVEN (7), AND CONTAINING 48 ACRES AND 101 POLES, BE AND THE SAME HEREBY IS VESTED IN GREEN C. LUNSFORD, IN FEE SIMPLE.

 

          AND IT FURTHER APPEARING TO THE COURT ON THE CONFIRMATION OF THE FOREGOING REPORT, THAT THE HEIR’S OF WILLIAM LUNSFORD, DEC’D, WHO ARE GIVEN LANDS THEREBY, ARE MADE EQUAL WITH THOSE HEIR’S OF SAID WILLIAM LUNSFORD, WHO HAD RECEIVED ADVANCEMENTS FROM HIS ESTATE, AS ASCERTAINED BY DECREE IN THIS CAUSE AT THE NOVEMBER TERM, 1886:  OF THIS COURT; AND THAT AFTER MAKING THE PARTITION SET FORTH IN SAID REPORT, THERE YET REMAINS, BELONGING TO THE HEIR’S OF WILLIAM LUNSFORD, AS TENANTS IN COMMON, THE REVERSIONARY INTEREST AND TITLE IN TWO TRACTS OF LAND, LYING IN LAUDERDALE COUNTY, TENNESSEE, WHICH ARE COVERED BY THE HOMESTEAD AND DOWER OF MRS. MARIAH LUNSFORD AS LAID OFF BY SAID COMMISSIONERS IN THIS FOREGOING REPORT, BEING THE TWO TRACTS DESIGNATED IN SAID REPORT AS LOTS NUMBERED THREE (3) AND FIVE (5), AND CONTAINING RESPECTIVELY 56 ACRES AND 68 ACRES AND 57 ½ POLES AND THE METES AND BOUNDS OF WHICH ARE GIVEN IN SAID REPORT, EXCEPT HOWEVER, THAT GREEN C. LUNSFORD OWNS TWO SHARES, BEING TWO TENTHS IN SAID LAND, HAVING PURCHASED THE SHARE OF MATILDA TURNER IN ALL SAID LANDS - AND THE SAID COMMISSIONERS HAVING REPORTED IN AND BY SAID REPORT THAT THE SAID REVERSIONARY INTERESTS IN SAID LOTS NO. 3 AND 5 SO COVERED BY DOWER AND HOMESTEAD IS SO SITUATED AND THE LAND OF SUCH DESCRIPTION THAT THE SAME CANNOT BE PARTITIONED WITH OUT GREAT INJURY AND PREJUDICE TO THE INTERESTS OF ALL PARTIES CONCERNED AND THAT IT WOULD BE MANIFESTLY FOR THEIR INTEREST THAT THE SAME SHOULD BE SOLD FOR DIVISION AMONG THE OWNERS AS HERETOFORE DECLARED IN THIS CAUSE, AND NOT PARTITIONED -  AND THE COURT BEING SATISFIED THAT SAID REPORT IS CORRECT AND JUST, AND THAT INTERESTS CANNOT BE PARTITIONED AMONG THE OWNERS WITHOUT GREAT PREJUDICE AND INJURY TO THEIR INTERESTS, AND THAT THE SAME SHOULD BE SOLD FOR DIVISION, SO DECREES, ADJUDGES AND DECLARES;  AND THEREUPON IT IS ORDERED, ADJUDGED AND DECREED BY THE COURT, THAT WILLIAM H. JACKSON, THE CLERK OF THIS COURT, AFTER ADVERTISING FOR THIRTY DAYS BY PRINTED POSTERS AT THE COURT HOUSE IN RIPLEY, AND FOUR OTHER PUBLIC PLACES IN LAUDERDALE COUNTY, TENNESSEE, SELL TO THE HIGHEST BIDDER, AT PUBLIC AUCTION AT THE COURT HOUSE DOOR IN RIPLEY, THE REVERSIONARY INTEREST IN THE SAID TWO TRACTS OF LAND ABOVE REFERRED TO AS LOTS NO. 3 AND 5, AND WHICH ARE COVERED BY THE DOWER AND HOMESTEAD OF MARIAH LUNSFORD - SAID SALES SHALL BE MADE ON A CREDIT UNTIL THE FIRST DAY OF DECEMBER 1887, AND THE PURCHASERS SHALL BE REQUIRED TO GIVE NOTES WITH GOOD PERSONAL SECURITY, AND A LIEN IS HEREBY RETAINED UPON SAID TRACTS OF LAND TO  SECURE THE PURCHASE MONEY THEREFORE RESPECTIVELY - HIS DOINGS UNDER THIS ORDER, SAID CLERK WITH REPORT TO THE COURT AT ITS NEXT TERM, IF IN SESSION AT THE TIME, OTHERWISE TO THE NEXT FEBRUARY TERM OF THE COURT-

 

 

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Source:  Lauderdale County Court Minutes

Lauderdale County Courthouse, Ripley, Lauderdale County, Tennessee

Transcribed by Shannon Greenhaw Marquis

 


 

© Deborah Lunsford Yates, 2000 - 2004

Last Updated Monday, July 19, 2004, 9:44:23 PM CST