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Hiram Smart
vs
Robert Garrett, et al, 1866

Source:  TSL&A Microfilm A 5054
Loose Record #2578
Sumner County Chancery Court Minutes
Mar 1867 - Mar 1875, TSL&A Microfilm 27

Transcribed by Jan J. Barnes
© 2002

Hiram Smart et al vs. Robt. Garrett & others - Petition
Filed 13 Feby 1866

To the Hon. Thomas Barry Chancellor etc. sitting at Gallatin , Sumner County.
The petition and bill of complaint of Hiram Smart, L. B. Smart, Jonathan Smart, Joseph Smart, and J. M. Smart, citizens of Sumner County
against
Robert Garrett & wife B. J. (Smart written and crossed out) Garrett, Peter Sang & wife Martha A, Herman Weems & wife Mary, and Adeline Smart and infant child Isabell Smart all citizens of Sumner County.
Your orator would respectfully show unto your Honor, that John N. Smart was killed in Sumner County in the month of Feby 1866, and your orator L. B. Smart administered in his estate.  Complainants are informed that the estate is but little in debt and a  sale of the land will not be necessary to pay the debts.  Your orator will further show that the deceased owned a tract of land at the time of his death in Sumner County, Tenn. adjoining the lands of William McGlothlin on the North, James Lambert on the East, B. J. Neal & others on the South and Wesly Chapman & others the West containing about sixty acres.  The deceased left your orators and the defendants, B. J. intermarried with Robert Garrett, Martha A. intermarried with Peter Sang and Mary intermarried with Herman Weems, his children and heirs at law.  He lived with the defendant Adeline and by her had a child, the defendant Isabell, but they were never legally married., the said Adeline having a previous husband from whom she has not been divorced.  Said Adeline and Isabell are not, therefore, entitled to any part of the estate.  Said tract of land is all the land accrued by the deceased at the time of his death, and a sale of the same will be necessary in order to partition.  Besides it will be manifestly for the interest of the heirs that the land be sold.
The previous considered your orators pray that said parties mentioned in the caption be made defendants.  Let them answer and upon the hearing of the cause & _____ order a sale of said land in order that partition may be made among those entitled.  Grant all this necessary and proper relief in the premises, and as in duty bound will we pray.
J. M. Head
Sol.

Hiram Smart et al v. Robert Garrett & others
The defendant Robert Garret & wife B. J. Garrett, Peter Sang & wife Martha A., Herman Weems & wife Mary and Adeline Smart, having been served with process and they having failed to plead or answer to the bill or answer the ______, it is ordered by the court that said bill be taken for confessed and set for hearing exparte as to them.  Process has also been served on Isabella Smart, a minor, who has no regular guardian; it is ordered by the court that George E. Seay be appointed guardian ad litem for said minor, and will file her answer at this Term of the court.  (Last line is unreadable)

This separate answer of George E. Seay Guardian ad litem of Isabella Smart to the Petition of Hiram Smart & others filed in the Chancery Court of Sumner against her and others.
Respondent saving and receiving all manner of exception to Compts. Petition answers and says:  it is true that John N. Smart was killed in the month of Feby 1866 and Compt. L. B. Smart administered on his estate.  As to the outstanding indebtedness against the estate Respondent knows nothing and therefore cannot say whether a sale of the land for the payment of debts will be necessary or not.
Further answering he says it is true that the deceased owned a tract of land at the time of his death the locality and boundaries of which are correctly set out in complainants Petition as he supposes - but Respondent denies that the heirs at law of the deceased are correctly stated in the Petition - Respondent insists that his ward is an heir at Law of deceased and as such entitled to a share in the estate of deceased, and he expressly denies that she is an illegitimate child and demands the proof of said fact and submits the question to the decision of the court.
Further, Respond't presumes it is true that the tract of land mentioned was the only one owned by deceased at the time of his death, but whether a sale of the same will be necessary for partition or to the interest of the heirs or more particularly of his worth he does not know but requires strict proof of that fact and of all other facts that may affect the rights of his ward.
He submits the rights of his ward to the court and asks that the same be fully protected, and having fully answered, he prays to be thence dismissed with his costs.
George E. Seay
Guardian ad litem of Isabell Smart
Filed Sept 7th 1866

Hiram Smart vs. Robert Garrett & others
in pursuance to an order in this case I would respectfully report that I caused O. P. Butler & A. B. Dinning to appear before me at office on the 10th of Sept 1866 and from their depositions would report that there is about 60 acres of said land, which is poor & badly timbered & watered and that the improvements, are very indifferent - and very much out of repair.  There being but one ____ of improvements on said land - the land is worth "cash" $3.00 or $3.50 per acre and if sold on the usual terms of 1 & 2 years it would bring some $5.00 per acre.  From the value & quantity of said land,  I do not think that it could be advantageously divided among all of the heirs & I think it manifestly to the interest of the heirs to have said land sold all of which is respectfully submitted.
Jno. R. Barry
C&M

Chancery Court Minutes
March Term, 1867
, Page 83

Hiram Smart et als vs. Robert Garrett et als
Be it remembered that this cause came on to be heard on this the 22nd March 1867 before Chancellor Barry upon the report of the C & M which is as follows - Pursuant to a decree in this cause I would respectfully report that after advertising the land described in the pleadings, I sold the same at the Court House door in Gallatin on the 27th Oct. 1866 to R. L. Garrett @ $6.75 per acre he being the highest bidder - & thereupon he paid in case $25.00 & executed his two notes with interest from date for $181.56 each due respectively in 12 & 24 months with Leroy B. Smart & (left blank) as his securities.  Respectfully submitted J. R. Barry C&M. - which being seen & unexcepted to is in all things confirmed and the cause is continued for further orders.  The Clerk will pay J. W. Head a fee of $20.00 out of the purchase money.

March Term, 1868, Page 334

Hiram Smart vs. Robert Garrett et als - Judgment
Be it remembered that this was again heard on this the 13th day of March 1868 before his honor Chancellor Shackelford when it appeared that the defendant Robert L. Garrett became the purchaser of the land mentioned in the pleadings at the price of three hundred and eighty eight dollars and ten cents, at the sale made by the Master under the former decrees, and paid twenty five dollars in hand and executed his two notes for one hundred and eighty one dollars and fifty one cents each, with interest, and due in twelve and twenty four months - It further appeared that the first of said notes is due and remains unpaid, which with interest amounts to the sum of $(left blank).  It is therefore decreed by the Court that the Clerk & Master J. R. Barry recover of the Said R. L. Garrett and his suretys Leroy B. Smart the said sum of $(left blank) and the costs of this judgment for which execution issue -

March Term, 1869, Page 487

Hiram Smart et als vs. Robert Garrett et als
Be it remembered this cause came on to be heard again, on this the 15th March 1869, before his Honor Chancellor Barry when it is adjudged & decreed by the Court that the Clerk proceed to pay out the fund to the parties as they are severally entitled.  He will allow any payments that have been made by the purchaser the present holder of the land upon proper evidence thereof.  Upon payment of the purchase money the Clerk will execute a deed to the purchaser or to the person holding under him upon his order.

Loose Record # 2578
J. R. Barry Esqr.
You will make the deed to H. C. Wims of the tract of land purchased by me at a sale made by the C & M in the case of (J. N. crossed through) Smart vs. Garrett.
March 13th 1873.
R. L. Garrett


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