Search billions of records on Ancestry.com
   


B. J. Reeves vs. Catherine Freedle
(Henry McAdden, Dec'd)
1869

TSL&A Microfilm Roll  #A-5120
Loose Record #10162

Transcribed by  Carol Voss
© 2004

This is a partial listing of Loose Record #10162.
*Note from Transcriber:  One last reference to the land that Daniel McConnell lived on in Tennessee for nearly 20 years was found in a lawsuit that was filed in Sumner County, Tennessee on November 10, 1869 (30 years later!) over the chain of title to the land. As a part of the lawsuit, the history of the conveyance of the land was stated in the following Judgment (Lawsuit #10162):

"The court charged the jury as follows. This is an action of ejectment brought to recover the tract of land described in the plaintiffs’ declaration. The plaintiffs claim title to the land and show now in support of their claim the following papers. 1st a copy of deed from Montgomery McConnell to Daniel McConnel dated 7th Feb. 1809. 2nd copy of a deed from Daniel McConnell to John Sanders, dated 25th October 1828 [found elsewhere in this chapter]. 3rd copy of deed from John Sanders to Henry McAdden dated 3rd August 1856. 4th copy of the will of Henry McAdden bequeathing all his property for life to his widow, remainder in the tract of land on which he leaves to his son, Hugh McAdden. 5th A deed from the Sheriff of Sumner County, Tennessee to W. P. Reaves dated 29th August 1848; and 6th copy of a record from Circuit Court of Shelby County, Tennessee. And claims that the plaintiffs or the heirs at law of W. P. Reaves and that said Wm. P. died intestate. The plaintiff further insists that these title papers all cover the same land and that by virtue of them they have a fee simple estate in said land and that Defendants have no title.

Before a plaintiff in this action can recover, he must show good title in himself, either by dismissing a title from the Grantee to himself or show deeds on file to himself or those under whom he claims and an actual occupation and possession of the lands for twenty years or more claiming them as their own for twenty years or more under said deeds and occupation. Such actual occupation and claim for twenty years or more presumes a grant otherwise a grant need not be shown. Or if both plaintiffs and defendants claim the land under one and the same person, then plaintiff in dismissing title need not go back further than the common person under whom both claim. But if the defendants or any of them do not claim under the same person the plaintiffs claim under, then plaintiffs must dismiss title as before stated.

The defendants insist that plaintiff cannot maintain this action because the levy upon which the sheriffs deed is founded is insufficient and hence no title was communicated by it. The court charges you that if the description given in the record from Shelby County that vests in the Sheriff’s deed to wit, a tract of land lying on the waters of Little Goose Creek, in the County of Sumner and State of Tennessee, District not bounded as following tract west by the lands of G.G. Goodall dec’d., south by new Goodall and Jacob Anthony, west by said Anthony and others, north by Henry Watson and others, does correctly describe the land in controversy and is the same land covered by the deeds near to you, that levy is sufficiently descriptive of the land to be a good and valid levy. A general description of the land so as to identify the land intended to be sold is sufficient without given the particular metes and boundaries. The levy need not give the number of acres in the land, or the estate of Defendants in the execution in the law, if otherwise sufficiently descriptive to identify the land to be sold. The remainder interest of Hugh McAdden, if this is the tract issued to him by his father, would be liable to levy and sale though his mother, the tenant for life, was then alive. And if she was dead at the time this action was instituted and if the Plaintiffs or their heirs at law of Wm. P. Reaves, if he died intestate, and if the title had vested in said Wm. P. Reaves under the rules I have laid down to you and if Defendants were in possession of the land at the time this action was brought or have come in and had themselves entered as defendants sooner, ____ its institution then you should find for defendants, otherwise for Defendants. You should if you find for Plaintiffs find the boundaries of the land they are to recover their estate therein and assess nominal damages."


Sumner County, Tennessee Selected Court Records Index

Genealogist's Companion Main Page