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Sumner County Clerk Minutes
February Term, 1883

Transcribed from TSL&A Microfilm Roll  #54
Sumner County Clerk Minutes, Vol:  Oct. 1882- Jan 1892

Transcribed by Jan J. Barnes
©2005

Page 55

The honorable County Court of Sumner County met pursuant to adjournment Monday 5th day of February 1883 present and presiding Hon. Lee Head Chairman etc.  Whereupon the following proceedings were held to wit -

Ordered by the Court that S. V. Freeman be appointed Administratrix of all and singular the goods and chattels rights & credits of G. B. Freeman, decd.  Thereupon came said S. V. Freeman together with his sureties J. A. Stratton and A. R. Freeman and entered into and acknowledged their bond to the State of Tennessee in the penal sum of one thousand dollars conditioned as the law requires and said Mrs. S. V. Freeman as Administratrix was duly qualified and it is ordered that Letters of Administration issue to her.

Upon application of Mrs. S. V. Freeman widow of G. B. Freeman deceased it is ordered by the Court that J. A. Stratton, N. L. Guthrie & William Franklin freeholders in the County of Sumner be appointed Commissioners to assign & set apart to the said Mrs. S. V. Freeman one years allowance out of the personal estate of said G. B. Freeman deceased on hand and report their action to this Court.  The said freeholders not being related to her either by affinity or consanguinity.

John A. Patterson et al
vs.
A. C. Barrow et al
This cause was this day heard before the Hon. County Court at Gallatin upon the original Bill all the pleadings former decrees, orders, etc. in the cause and it appearing from the report of the Clerk that the terms of the sale have been complied with and the case is ready for divestiture and vestiture of title, which is as follows - In this cause I report that the entire purchase money of $1966 50/100, has been paid by the purchasers Messrs. Jno A. Patterson & Harris Brown, and they have filed in my office a written order dated 31 January 1883, directing the decree of title to be made to Thomas P. Youree.  the cause is ready for divestiture and vestiture of title as related to the land mentioned in the pleadings.
Respectfully submitted 31st January 1883 - O. H. Foster Clerk which being seen and understood by the Court and unexcepted to,

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is in all things confirmed.  It further appearing to this Court from a paper writing on file in the Clerks office from the original purchasers, John A. Patterson and Harris Brown, directing the the title to the lands mentioned in the pleadings be vested in Thomas P. Youree - instead of themselves which is as follows, To the Hon. County Court of Sumner County, We have this day sold to Thomas P. Youree the tract of land purchased by us in the case of John A. Patterson et al vs. A. C. Barrow et al and we hereby direct and request that the title to the same be vested in him by decree of this Court instead of us - said land was sold by decree of this Court and purchased by us at said sale.
This Jany 23d 1883            Harris Brown
                                            John A. Patterson

It is therefore ordered and adjudged and decreed by this Court that all right, title and interest of the parties petitioners and defendants to this cause in and to the lands mentioned in the pleading be divested out of them and the same vested in Thomas P. Youree, and his heirs forever said lands are known as the "Fry Place"and the bounds and metes are as follows - Beginning at a Sycamore standing on the west bank of Bledsoes Creek, corner to Bruce, thence with his line N 65 degrees W 182 poles to a planted rock two feet south of a poplar stump, on Youree's line, thence with his line N 1 3/4 degrees E 106 poles to a planted rock corner to Haynes in Youree's line, thence with Haynes line S 88 1/4 E 124 poles to a Sycamore on the west bank of creek, thence S 70 1/4 degrees E 64 poles to an Ash on East bank of Creek thence recrossing creek S 57 1/4 E 90 poles to a Sycamore on west bank of creek planting a rock on line between this tract and Frank Culwells land, thence down the west bank of the creek with its meanders S 23 3/4 degrees W 64 poles S 31 3/4 degrees W 22 poles S 60 3/4 degrees W 64 poles to the beginning containing 206 1/8 acres.  It is further ordered by the Court that a copy of this decree be certified for registration.

A. Hunnicutt et al
vs.
Wm. B. Hunnicutt et al
In this cause it appearing to the Court that process was regularly issued in this cause 19 January 1883 returnable to 1st Monday Feby. 1883 and that said process was regularly served upon all the defendants - viz: Annie Griffin, Lee Griffin, Lizzie Griffin, susie Griffin, and Cordi Griffin, Wm. B.

Page 57

Hunnicutt and Daniel Hunnicutt, on the 24th of January 1883, more than five days before the 1st Monday in February 1883, and it further appearing that all of said minors are without regular guardian and it is a proper case for the appointment of Guardian ad litem to defend protect and represent such minors;  It is therefore ordered & adjudged by the Court that W. B. Swaney, a member of this bar be appointed Guardian ad litem to represent said minors in this litigation he appearing in open court & accepting the same.

Francis Brewer & husband et al
vs.
Robert Short et al
In this cause leave is granted the defendants until the 3rd Monday in Feby 1883 to answer the Bill so as not to delay the hearing.  This is order is made the 5th day Feby 1883.

J. W. Gillmore
Ex parte
It appearing to the Court from the petition filed in this cause that the Boy Bill Patterson is a person of unsound mind or weak mind, and is dangerous to be retained in the custody of petitioner it is therefore ordered by the Court that the Clerk take proof and report as to the condition of said boy, his soundness of mind his vicious propensities, and the action of Mr. Gillmore in his management and control - In the meantime said Boy will be delivered into the custody of the Sheriff to await further action of this Court.

The Clerk presented a final settlement with W. R. Jackson, Executor of G. L. Jackson which was ordered to be recorded.

Nothing further appearing Court adjourned until Thursday 9th day of February 1883.

Page 58

The Honorable County Court of Sumner County met pursuant to adjournment Thursday 8th day February 1883, present and presiding Hon'l Lee Head Chairman etc. whereupon the following proceedings were held to wit -

Ordered by the Court that J. B. Groves be appointed Administrator of all and singular the goods and chattels rights and credits of Wm. T. Groves, dec'd.  Thereupon came into open Court said J. B. Groves together with his sureties John H. Roney & F.C. Groves, in the penal sum of Five hundred dollars conditioned as the law requires and said J. B. Groves, as Administrator aforesaid was duly qualified and Letters of Administration ordered to be issued to said J. B. Groves as Administrator of W. T. Groves, decd.

Upon the application of Mrs. Dorotha Groves, widow of William T. Groves decd. it is ordered by the Court that W. N. Warren, S. L. Wilkinson, and William Hester, freeholders in the County of Sumner be appointed commissioners to assign and set apart to the said Mrs. Dorotha Groves widow aforesaid, one years allowance for herself and family out of the personal estate of said William T. Groves, deceased, on hand and report their action to this Court.  The said freeholders not being related to her either by affinity or consanguinity.

Nothing further appearing Court adjourned until Friday 9th day of February 1883.

The Honorable County Court of Sumner County met pursuant adjournment Friday  9th day of February 1883 present and presiding the Hon. Lee Head Chairman etc. whereupon the following proceedings were held to wit -

Ordered by the Court that W. H Baber be appointed guardian of Adelaide Woodson & Charles Moss minor heirs of C. W. Moss, deceased.  Thereupon came into open Court said W. H Baber, together with

Page 59

sureties Wm. Gourley and James A. Soper, and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Three thousand dollars conditioned as the law requires and said W. H. Baber, as guardian aforesaid was duly qualified and it is ordered that Letters of guardianship issue to him.

The Clerk presented a settlement with D. B. Dismukes, guardian of P. G. Thomas, Mattie & Horton Dismukes minors and the same was ordered to be recorded.

Nothing further appearing Court adjourned until Wednesday 14th day of February 1883.

The Honorable County Court of Sumner County met pursuant to adjournment Wednesday 14th day of February 1883 - present and presiding Hon'l Lee Head Chairman etc., whereupon the following proceedings were held to wit -

The commissioners heretofore appointed to set apart a years allowance to Mrs. S. V. Freeman, widow of G. T. Freeman, dec'd have this day submitted their report which is as follows - The undersigned committee appointed by the County Court to set aside provisions etc. as a years allowance for the year of Eighteen hundred and eighty three (1883) for Mrs. S. V. Freeman, widow of the late G. B.  (B is written instead of T.) Freeman dec'd; have made the following allowance out of his estate on hand there being no money on hand for this purpose - 1 gray horse gelding 8 or 10 years old.  30 barrels of corn.  2000 bundles of oats.  800 pounds of pork.  10 bushels of wheat.  25 bushels of irish potatoes.  1 barrel of apple vinegar.  This 12 Feby. 1883.
                                                                  Wm. Franklin
                                                                   N. L. Guthrie
                                                                   J. A. Stratton
which being see, understood by the Court and unexcepted to is in all things confirmed, it is therefore adjudged by the Court that the various articles and property in said report mentioned be

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the property of said Mrs. S. V. Freeman for the support and maintanance of herself and family.

Mrs. S. V. Freeman Admrx. of G. T. Freeman presented an inventory of the personal property of her intestate which was ordered to be recorded.

Ordered by the Court that G. A. Kirk, and J. P. Kirk be appointed administrators of all and singular the goods and chattels rights & credits of Mrs. V. E. Kirk deceased.  Thereupon came into open Court said G. A. Kirk and J. P. Kirk, together with their sureties R. Douglass and A. G. Harris, and entered into and acknowledged their bond to the State of Tennessee in the penal sum of one thousand dollars conditioned as the law requires and said G. A. Kirk and J. P. Kirk, as Administrators aforesaid were duly qualified & it is ordered that Letters of Administration be issued them.

The Clerk presented Inventory and account of sale of the personal property of J. N. Powell, decd. by J. A. Trousdale, Administrator which was ordered to be recorded.

L. A. Hunnicutt et al
vs.
Wm. B. Hunnicutt et al
This cause is referred to the Clerk who will take proof and report whether or not the tract of land mentioned in the pleadings is susceptible of partition in kind among the heirs entitled or whether it is necessary to sell the same for partition and whether a sale for partition would be for the manifest interest of all the heirs the minor defendants included.

The Clerk the receipt of Atha Thomas.  State Treasurer for $231 01/100 State revenue collected for month ending 1st Feby 1883 and receipts from J. A. McLaren for County revenue same date and for C & O RR fund same date and for School revenue same date are for Sinking fund revenue same date which are ordered recorded in book of settlements with County Officers.

Nothing further appearing Court adjourned until Wednesday 21st day of February 1883.

Page 61

The Honorable County Court of Sumner County met pursuant to adjournment Wednesday 21st day of February 1883 present & presiding the Hon. Lee Head Chairman etc.  Whereupon the following proceedings held to wit -

Francis Brewer & husband et al
vs.
Robert Short et al
This cause is this day heard before Hon'l Lee Head Chairman etc. upon the previous proceedings:  where the Court is pleased to refer the cause to the Clerk who will take proof and report as soon as practicable, whether it is practicable to make partition in kind of the lands mentioned in the pleadings among the parties in interest without injury to their rights, in doing which he will report the number of acres, its location and quality as well as quantity, The No. of shares and if the land cannot be partitioned he will report whether a sale is necessary for partition, giving the reasons terms and value of the land.

Lillian Ashabranner et al
vs.
Jennie Benton et al
This cause was this day again heard before his Honor Lee Head, Chairman etc. upon the previous proceedings and the following report of the Clerk, and the exceptions thereto.  In this cause I report that in pursuance of a decree of this Court pronounced at Oct. Term 1882, directing me to subdivide & resell said lands I proceeded with J. A. Nimmo, a competent surveyor and divided the tract into six tracts for reference see map filed with pleadings.  I then advertised the lands with a map accompanying by printed handbills for twenty days and on Thursday, Feby 1st 1883 offered the lands on the premises for sale at public outcry to the highest bidder by seperate tracts as per map, and then in two tracts and then as a whole, the highest and best bid was by Wm. Porter $900 00/100 for the entire tract, which was more than the bids aggregated for the seperate tracts, since then I have received a written proposition from A. G. Rutherford offering for the whole tract twelve hundred dollars, upon the terms in the decree, the said proposition is filed as part of this report.  Respectfully submitted 9th Feby 1883.
                                               O. H. Foster Clerk & Commissioner
                                                                                                                                         The Court
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upon full consideration of the exceptions to said report is pleased to allow the same, and to refuse to confirm said report.  And it appearing to the Court that A. G. Rutherford, has filed a bid with the Clerk of $1200 00/100 being an advance of more than 20 percent upon the lands mentioned in the pleadings, and that he has given the required security to secure his compliance with the terms of the sale.  It is therefore ordered by the Court that said advance bid be received and that the biddings for the lands mentioned in the pleadings be reopened at the said sum of $1200 00/100 and held open until the 15th day of March 1883, at noon when said land will be struck off to the highest bidder upon the terms prescribed by the former order of sale.  The Clerk will give notice generally of the reopening of said biddings and specially to Wm. Porter, who bid in said lands at the public sale. The Clerk will report to the next term of this Court.

The Clerk presented an inventory of the personal estate of Mrs. V. E. Kirk, dec'd by G. A. Kirk, and J. P. Kirk, the administrators which is ordered to be recorded.

L. A. Hunnicutt et al
vs.
Wm. B. Hunnicutt et al
In this cause it appearing that process issue against the defendants on the 19th of January 1883, returnable to the first Monday of Feby 1883, & that the same was regularly served upon the adult defendant John A. Griffin, January 24th 1883, more than five days before the 1st Monday in February 1883, and it further appearing that he failed to appear and plead demur or answer the petition as required by law, it is therefore ordered and adjudged and decreed that the petition be taken for confessed as to said John A. Griffin, and the cause set for hearing Ex-parte as to him - This order should have been entered the first Thursday after the first Monday of Feby 1883, and is entered now for then.

The Clerk presented the account of sale of the personal property of J. W. McDaniel dec'd by W. F. McDaniel Admr. which was ordered to be recorded.

Nothing further appearing Court adjourned until Saturday 24th day of February 1883.

Page 63

The Honorable County Court of sumner County met pursuant to adjournment Saturday 24th day of February 1883 present and presiding Hon'l Lee Head Chairman etc., whereupon the following proceedings were held to wit -

J. W. Gilmore
Ex-parte
This cause was this day heard before the Hon'l Lee Head Chairman etc. of the County Court of Sumner County Tennessee upon the petition, orders, proof taken in the cause & report of Clerk to wit - In this cause I report I have taken the sworn statement of J. W. Gilmore, the petitioner, J. W. Bryn & J. H. Gilmore and from their evidence I find that the Boy Bill Patterson is an apprentice of the petitioner J. W. Gilmore, that he is vicious and dangerous to have about his family occasioned by unsound or weak mind, and he should be relieved from the further responsibility and care of his charge.
Respectfully submitted 5 February 1883.  O. H. Foster  Clerk
which being seen by the Court & understood & the same being unexcepted to is in all things confirmed.  It is therefore ordered, adjudged & decreed by the Court that the Petitioner J. W. Gilmore and his security J. W. Bryn be relieved from the obligations of the bond given in the matter of the apprenticeship of the boy Bill Patterson in this Court, for the reasons set forth in said petition & established by the evidence in this case; either to the boy, the County, or the State and that the Petitioner surrender said Boy into the hands of the sheriff to be held by him in the custody of this Court - said Petitioner is allowed to resign as Master for facts stated in petition and proved to the satisfaction of the Court & said boy is ordered to be held in custody of law 7 said bond is ordered to be held for naught - The petitioner will pay all costs incident to this proceeding.

The last Will and Testament of James Austin deceased, was this day produced in open Court for probate & was duly proven by the oaths of W. J. Fry, and W. J. Sircy, subscribing witnesses thereto which was received by the Court and ordered to be recorded.  J. T. Austin the Executor named in the Will, appeared in open Court and accepted the execution of the same.  Thereupon came said J. T. Austin together with his sureties - J. F. Appling and R. T. Searcy

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and entered into & acknowledged their bond to the State of Tennessee in the penal sum of Twenty five hundred dollars conditioned as the law requires & said J. T. Austin as executor aforesaid was duly qualified and it is ordered that Letters of executorship issue to him.

Nothing further appearing Court adjourned until Monday 20 February 1883.

The Honorable County Court of Sumner County met pursuant to adjournment Monday 20 day of February 1883 present & presiding Hon. Lee Head, chairman etc. whereupon the following proceedings were held to wit:

The Clerk this day presented a report of insolvencies, errors and releases of Taxes for the year 1880 by john H. McLauren, County Trustee amounting to State $67 32/100 , County $128 73/100, School $3,529. 78/100, Sinking fund $67 32/100 & C & O RR $2,142. 07/100 which was examined 30 Dec 1881 by Lee Head chmn. and filed 2nd Jany 1882 and ordered to be recorded but was omitted & is entered nunc pro tunc

The Clerk this day presented a report of insolvencies, errors and releases of Taxes for the year 1881 by John H. McLaren, County Trustee amounting to - State $260. 65/100, County $246. 29/100, School $3714. 84/100 Sinking fund $124. 64/100, C & O RR $2378. 52/100, which were examined July 1st 1882 by Lee Head charmn. and ordered seconded same date but was omitted & is entered nuc pro tunc.

Ordered by the Court that M. J. Hassell, be appointed Administrator of all and singular the goods & chattels rights and credits of Nancy Daniel deceased.  Thereupon came into open Court said M. J. Hassell, together with his sureties J. H. McLarey and Litle Absher & entered into & acknowledged their bond to the State of Tennessee in the penal sum of fifty four dollars and said M. J. Hassell as administrator aforesaid was duly qualified.

Page 65

L. A. Hunnicutt et al
vs.
Wm. B. Hunnicutt et al
This cause came on for hearing before Hon. Lee Head chairman etc. of the County Court on the 20 day of February 1883 upon the pleadings proof, former orders, and the report of the Clerk, which said report is as follows - In this cause I report I have taken depositions of E. A. Dorris, Y. A. Hunnicutt, and P. Garrison, which are on file & here referred to & I find the tract of land is correctly set out in the petition, that it is rather poor and hilly and location of the improvements and the open and tillable land & other reasons as mentioned in the proof make it almost absolutely impossible to divide the same in six equal shares & there is no other property to equalize the difference in value hence I recommend that it be sold in one tract, on terms of ten per cent cash, balance in 12 & 24 months without interest, lien retained & good personal security - Respectfully submitted 24 Feby 1883.  O. H. Foster Clerk and it appearing therefrom, that process was regularly issued as required by law, upon all the defnedants, including the minors, Wm. B. Hunnicutt, Daniel Hunnicutt, Annie Griffin, Lee Griffin, Lizzie Griffin, Susie Griffin, & Cordie Griffin; and it further appearing, that a guardian ad litem was regularly appointed to represent said minors after service of process upon them, and that he appeared, answered for, and in all things appertaining to this cause represented them and it further appearing that John A. Griffin, the adult defendant, failed to appear, plead, demur or answer the original petition in this cause that a regular pro confess was regularly taken against him and it further appearing that the report of the Clerk as to the necessity and propriety of the sale for partition of the tract of land mentioned is unexcepted to, and the Court seeing & understanding said report, & the same being unexcepted to doth in all respects confirm the same:  And it appearing from said report and from the evidence, that it is necessary & proper to sell the tract of land mentioned int he petition for partition among the six heirs, & that a sale of the same for partition is manifestly for the interest of all parties in interest & especially the minors, it is ordered adjudged and decreed by the Court that said tract of land, mentioned in the pleadings, be sold for partition

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among the six heirs entitled.  The Clerk of this Court will proceed to sell the same according to the requirements of law, for ten per cent cash, & the balance in one & two years, taking notes therefor, without nterest, with approved personal security and retaining a lien, he will report his action to this court.

The Clerk presented a final settlement with M. J. Hassell - admin. of Nancy Daniel decd. which is ordered to be recorded.

The Clerk presented a final settlement with James Watkins Adm'r. of L. W. Perry, decd. which is ordered to be recorded.

Nothing further appearing Court adjourned until Monday 5th day of March 1883. 


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