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R. H. Johnson
Vs.
William H. Johnson, et als

Source:  TSL&A Microfilm #A5161
Sumner County Probate Records (County or Chancery)
Loose Records Vol:  12056 - 12114

Transcribed by Jan J. Barnes
© 2002


Lawsuit #12083
Robt. H. Johnson Petition to sell to pay debts & for Partition vs. Wm. H. Johnson et al
Filed Mch. 21st 1891

State of Tennessee  
Sumner County
Personally appeared before me O. H. Foster Clerk of the County Court of said County the within named R. H. Johnson the bargainer with whom I am personally acquainted & acknowledged the execution of the foregoing instrument for the purposes therein expressed.
Witness my hand at office this 10 Feby 1887.
O. H. Foster Clerk
Rec'd for Registration 25th Feby 1881 at 10 O'clock P. M.
Registered and Examined the same day recorded
R. Hallum Regr. S. Cty.
State of Tennessee
Sumner County
I R. Hallum Register of said County do certify that the within instrument was certified and duly registered in my office in Record Book No. 33 and page 452 this 25th Feby 1887.

I Robert H. Johnson, have this day bargained and sold and do hereby transfer and convey to Josiah Walton and his heirs forever, for the consideration of Six hundred dollars to me paid a tract of land in the State of Tennessee Sumner County District No. 17 containing by estimation one hundred and five acres be the same more or less and bounded as follows (to wit) Beginning on an Apple tree on Honeycuts South boundary line a portion of the original tract, thence South 140 poles to a stake thence East 120 poles to a small white oak in a drean thence North 140 poles to a Black oak thence West 120 poles to the beginning, to have and hold the said tract or parcel of land, and all the appurtenances thereunto, belonging to the said Robert H. Johnson; to the said Josiah Walton his heirs and assigns forever, the said Robert H. Johnson doth by these presence warrant and forever defend the said bargainor promising unto the said Josiah Walton, his heirs and assigns.  In witness whereunto set my hand and seal this 27th day of March 1867.
R. H. Johnson (Seal)
Signed Sealed and delivered
In the presence of Ws.
Graham Gillespie
C. C. Harris

To the Worshipful County Court of Sumner County.
The Bill of Complaint or Petition of Robert H. Johnson Admr. Porter Johnson, Turner P. Johnson, Rufus Johnson, P. S. Johnson, Mary Link & husband, Martin Link, George W. Johnson, Sallie E. Latimer & husband J. J. Latimer, William Johnson, Turner Johnson, Robert Johnson, & D. A. Johnson filed in the County Court of Sumner County
against
William H. Johnson, a citizen of the State of Texas; Annie, a daughter of James B. Johnson who is dead & she is married to (first name blank) Wray their residence is Kentucky; Sallie B. also a daughter of James B. Johnson who is dead & she is married (first name blank) Clements & their residence is in Arkansas and three minor children of said James B. Johnson, deceased, whose Christian names are unknown, and they are residents of the State of Arkansas, & without regular guardian & Augustin Johnson, a resident of Arkansas.

Complainants would show unto your Honors that Burrell P. Johnson died in 1884 & that there was no administration on his estate.  He died in Sumner County, Tenn. seized & possessed of a tract of land situated in Civil Dist. No. 15, containing One hundred & two acres, more or less, & bounded on the North by James Link, on the East by Alfred Jackson, on the South by Mrs. Mittie Gaines, & on the West by A. J. Pond.

Mrs. Martha L. Johnson, the widow of said B. P. Johnson, survived him until last October when she died.  Between the dates of the death of the two nothing was done with said place or with what was on the place, but it was all left to her & with her.  Upon her death Complt. Robert H. Johnson qualified as her administrator and is proceeding to wind up the estate.  It is insolvent & he has suggested the fact to the Sumner County Court.  Everything was sold & it brought Eighty two dollars, which was reported to the County Court.  The debts against the estate amount to some Six-hundred dollars & it is apparent that the personalty is insufficient to pay the debts & that a sale of the place aforesaid is absolutely necessary for that purpose.  The place is out of repair; the house is a log dwelling of two rooms; the fences are bad, the soil is thin & worn.  There is a good supply of rail timber on the place, but not of board timber.

Complts. would show that said Burrell P. Johnson had ten children of whom the following, Complts, & Defendants, are living, to wit:  Robert H. Johnson, Porter Johnson, Turner P. Johnson, Rufus M. Johnson, P. S. Johnson, William H. Johnson, Mrs. Mary Link & George W. Johnson,
John C. Johnson  is dead & left the following, a widow D. A. Johnson & the following named children viz:  William Johnson, Turner Johnson, Sallie Latimer & Robert Johnson.  James B. Johnson is dead & left the following named children, viz;  Ann, married, but to whom not known; Sallie, married, but to whom not known; Augustin Johnson and three minors, (first names of these minors was left blank) _____ Johnson, _____ Johnson, & _______ Johnson, whose sexes & Christian names are unknown.

The premises considered, Complts. pray leave to file the petition, they ask that the parties named in the caption as defendants be made such, that subpoena issue for the resident dependents & publication be made for the non-resident defendants, notifying them of this proceeding & requiring them to appear and plead answer or demur to this bill or petition; that guardian ad litem be appointed to answer for & otherwise represent the minor defendants during the pendancy of this cause.  Upon a final hearing they ask a decree ordering the sale of said land at such time, place & on such terms as the Court under proper proof may deem best and that out of the proceeds of sale the debts of the estate be paid & the remainder if any be divided among the parties entitled according to their several rights.  Complts, pray for general & special relief such as the nature of their cause demands.
J. A. Trousdale, Solicitor for the Complainants

State of Tennessee  )
Sumner County        )  Personally appeared before me Robert H. Johnson & made oath that the statements contained in the foregoing bill or petition are true to the best of his knowledge, information & belief.
R. H. Johnson
Sworn to & subscribed
before me this Mar. 21st 1891.
Harris Brown Clerk
We acknowledge ourselves bound for the costs in this cause.
R. H. Johnson
J. M. Link


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