re HEIRS OF NEWIT SAMMONS
1. Know all men by these presents that I George Sammons
of the County of Brown and State of Illinois reposing
special trust and confidence in John Sammons of the
County of Morgan and State aforesaid have made ordained
authorised nominated and appointed and by these presents
do make ordain authorise nominate and appoint him
my true and lawful attorney for me and in my name
and for my own proper use and benefit to ask demand
sue for recover and receive of and from the executor or
executors administrators or administrator or other person
or persons all such sum or sums of money debts and
demands Whatsoever which are now due and owing or
that may hereafter become due and owing unto me the
said George Sammons by and from the estate of my
father Newit Sammons deceased late of the County of
Williamson and State Tennessee as one of the legal heirs
of said Newit Sammons and to have use and take all
lawful ways and means in my name for the recovery
thereof by suit or otherwise due to compound and agree?
for the same and acquitances or other sufficient discharges
for the same for me and in my name to make seal and
deliver and also for me and in my name to sell and dispose
of all my part and interest in and to any land or lands
owned or belonging to my father Newit Sammons at the
time of his decease as one of the heirs of the said Newit
Sammons and good and sufficient deeds or other proper
conveyances for me and in my name to make sign
seal and deliver and also for me and in my name to
sign seal and deliver such bill of sale or other instrument
of writing as may be necessary to convey my right
to a negro girl named Judy belonging to the estate
of said Newit Sammons deceased and to do all other
lawful acts and things whatsoever concerning the
premises as fully and in every aspect as I myself
might or could do were I personally present at the doing
thereof ratifying and confirming and by these presents
allowing whatsoever my said attorney shall in my
name lawfully do or cause to be done in and
about the premises by virtue of these presents.
In witness whereof I have hereunto set my hand
and affixed my seal this 18th day of September 1839.
George Sammons {Seal}
State of Illinois }
Brown County }
This day personally appeared before
the undersigned Clerk of the Circuit Court of the County
of Brown and State of Illinois George Sammons who is
personally known to me to be the real person who
executed the foregoing Power of Attorney and who
then before me acknowledged that he signed sealed and
delivered the said Power of Attorney freely and
voluntarily for the uses and purposes therein
mentioned.
Given under my hand and private seal
(there being no Judicial Seal provided) at my
office in Mount Sterling this 18th day of
September AD 1839.
George W. T. Maxwell {Seal}
2. To the Chancelor of the Middle Division of the State, sitting at Franklin. The bill of complaint of William W. Parsley of the County of Williamson states that in the year 1837 he contracted to purchase of the heirs or some of the heirs of Newit Sammons sixty acres of land situate in the County of Williamson and bounded as follows - Beginning at an Elm in John Healey's East boundary line, then north Seventy poles to a cedar and ash then East one hundred and thirty seven poles to a post oak in John L. Parsley's west line then south seventy poles to a cedar then west to the beginning. Your orator states that he gave his two notes each for two hun dred dollars to the heirs of Newit Sammons without mentioning other monies in cosideration of a title to be made him to said land upon which notes said heirs have recovered judg ements against your orator in the year 1839 before John Richardson Esq. of the county of Williamson. Your orator states that some of the heirs of said Sammons, to wit Richard Sammons Watson Sammons Abner Sammons Phillip Hodge and Archer Hays upon the 28th day of December 1837 executed their title bond to your orator for title to said land which said named heirs live as follows Hodge in Bedford County Richard Abner and Archer in Rutherford and Watson in Williamson County which bond your orator when required will produce. Your orator states that there are three other heirs of the said Newit Sammons entitled to equal parts of said land who reside out of this State and in the State of Illinois Your orator is not informed nor does he know what title if any the said heirs have to said land, as they have not tendered to him a deed. Your orator states that he has been infor med and believes that some of the heirs living out of the State have said that your orator has no obligation on them for title, and that they can have said land divided. Your orator states that the said Hodge and Hays married daughters of the said Newit, and have no fee simple title to said land that your orator knows of, and that said wives of the said Hodge and Hays are in no way bound to make him a title. Your orator states that if he is compelled to pay said judgement he may then part with his money and get no legal and sufficient title to said land. Your orator states that most of the heirs of the said Newit are in moderate if not indigent circumstances. That he is willing to pay said judgment as the purchase money of said land if a good and valid title can be made to him for said land, and that the desires said heirs shall exhibit such title to the Honorable Court In tender consideration of all which your orator prays the unit of Injunction staying the said heirs and others from collecting said judgment; that the process of subpoena may issue for the heirs named in this bill requiring them to appear, etc. and that by a decree of your Honor the said judgment may be perpetually enjoined unless the said heirs in the opinion of the Court can & do make a good & valid title for said land to your orator And that all and any other relief in the premises may be granted to your orator who states that he has never enjoined said judgement and this is the first effort. Foster Sol'r [Solicitor] This day appeared before me in open Court William W. Parsley and made oath the facts stated in his bill as of his own knowledge are true and those state as of information he believes to be true. William W. Parsley Sworn to me in open Court 12th Nov. 1839 Jn. W. Allen The Clerk & Master of the Chancery Court at Franklin upon complainant's giving bond with sufficient security to double the amount of the judgment complained of, will issue the writ of Injunction according to the prayer of the foregoing bill. Tho. Meany, Judge, 6th Jud. Circuit
The probate record includes four copies of this document, in the names of George Sammons, Richard Sammons, Abner Sammons and Watson Sammons "et al."
3. This Indenture made this Ninth day of November one thousand eight hundred and thirty nine between John Sammons Edmond Sammons of the County of Morgan and State of Illinois George Sammons of the County of Brown and State of Illinois Richard Sammons Abner Sammons Archer Hays and Polly his wife of the County of Rutherford and State of Tennessee Watson Sammons of the County of Williamson and State of Tennessee Phillip Hodges Margaret M. his wife of the County of Bedford and State of Tennessee all of the one part and William W. Parsley of the County of Williamson and State of Tennessee of the other part witnesseth that the aforesaid Sammons Hays and Hodges for and in consideration of the Sum of Four hundred one dollars and fifty cents to them in hand paid the Recept where of is here by acknowledged hath bargained Granted allein Convey'd Confirm'd unto the said William W. Parsley his heirs and assigns forever a Certain tract or parcel of land Situated lying and being in the County of Williamson State of Tennessee on Sedar Creek a branch of big harpeth River begining at Elm in John Healey's east boundary line running north Seventy Poles to Sedar and ash thence east one hundred thirty seven poles 7 links to post oak in John L. Parsley west boundary line thence south seventy Poles to Sedar thence west one hundred thirty Seven Poles 7 links to the begining Containing sixty Acres be the same more or less with hereditments appurten ances to have and to hold the Said tract or Parcel of land with all appurtenances unto the Said William W. Parsley his heirs forever and we the Said Sammons Hays and Hodges their heirs doth covenant and agree to and with the Said William W. Parsley that they will warrant and for ever defend unto the Said William W. Parsley and his heirs for ever against the Claim or Claims or title of all persons what soever Claiming in witness where of we the said Sammons Hays and Hodges have here unto set our hands and seals the date above Written and delivered in present of us } his John M. Gault John X Sammons John F. Gill mark his George X Sammons mark By his attorney John Sammons his Edmond X Sammons mark his Richard X Sammons mark his Abner X Sammons mark November 13th 1839 In witness whereof we have here unto set our name To the (word unclear) in (word unclear) This 16th day of March 1840 Philip Hodges her Margaret X Hodges mark his Archer X Hays mark her Polley X Hays mark his Watson X Sammons mark State of Tennessee Williamson County To Matthew Marable Esquire You are hereby authorized and empowered to take the exam inations of Margaret M. Hodges and Polly Hays (the femes covert) privately and apart from their husbands, relative to their free execution of the within deed and the same so taken certify under your hand and seal - Witness Samuel B. McCounies clerk of the county court of Williamson county at offices this 14th day of March 1840 S.B. McCounies Sammons & Hays and Hodge Deed 60 Acres William W. Parsley State of Tennessee } Williamson County } Polly Hays and Margaret M. Hodges (the femes covert) having personally appeared before me and having by virtue of the authority in me vested been examined privatley and apart from their Husbands Archer Hays and Phillip Hodges, and they having acknowledged this due execution of the with in deed by them freely voluntary without compulsion constraint or coercion by their said husbands - the said is therefore certified witness my hand and seal this 16th day of March 1840 Matthew Marable JP
4. The joint answer of Watson Sammons
Philip Hodges and Margaret his wife Archer Hays
and Polley his wife & Abner Sammons to the
Bill of Complaint filed against them by William
W. Parsley in the Chancery Court at Franklin
These defendants serving and reserving
to themselves all right of exception to the complainant's
Bill for answer thereunto say that is true
they and the other heirs of Newit Sammons
sold the land described in the Bill to the Complainant
about the time therein stated and put him in
possession of said land which he has ever since
held and enjoyed unmolested, and executed a
title bond to said Complainant for said land
which he holds and has not exhibited in his Bill
These respondents further answering state that they
recovered judgments on said notes so given by
said Compl't for the purchase money of said land
as alleged in the Bill from which judgments
executions issued which shall be exhibited to the court
showing the amounts and date of said judgments
They further state that the names of said
heirs of Newit Sammons are John Sammons
Edmond Sammons and George Sammons
of the State of Illinois - Richard Sammons
of the Western District of Tennessee - Watson
Sammons of Williamson County Tennessee
Abner Sammons and Polley Hayes wife
of this respondent Archer Hayes of Rutherford
County Tennessee & Margaret Hodges wife
of Philip Hodges of Bedford County Tennessee
all of whom with the said Archer Hays
and Philip Hodges have duly executed a
deed to said land to the said Complainant
Touching the execution of said deed freely
voluntarily &etc. said femes covert have been
privily examined according to law and
said deed thus executed shall be exhibited to the
Court for said Complainant as re
quired by the Bill
These respondents further state
that from the terms of said title bond
they and the other heirs of said Newit
Sammons were not bound to make a
title until they received the purchase
money on which ______ they would always
have been ready and willing to make
a good and sufficient title and
having prepared said title they pray
that the said money be held by the Clerk
of this court as an escrow to be delivered
to said Complainant on the payment of
the purchase money.
They pray said injunction granted in this
cause to be dissolved and the Bill dismissed
And haveing fully answered they pray to
be hence Dismissed with their reasonable
costs &etc
Alexander & Bostick) Sol'rs [Solicitors]
For defendants
State of Tennessee }
Williamson County }
This day personally
appeared before me Matthew Marable
an acting justice of the peace
for said county Watson Sammons
Philip Hodges Margaret M. Hodges Archer
Hayes Polley Hayes his wife and Abner
Sammons the above defendants who made
oath that the facts stated in the foregoing
Bill as of their own knowledge are true
and those they have learned by infor
mation of others they believe to be true
Sworn to before me this 16th March 1840
his
Matthew Marable JP Archer X Hays
mark
her
Polley X Hays
mark
his
Watson X Sammons
mark
his
Abner X Sammons
mark
her
Margaret X Sammons
mark
Philip Hodges
Data transcriptions submitted by: William G. Stewart.
Reformatted according to copies of documents by Charlotte Ramsey.
Charlotte
Curlee Ramsey
http://freepages.genealogy.rootsweb.com/~cramsey/index.html
