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Hardy H. Perry Report, 1844

Petition For Division of Slaves

 

Transcribed by Linda Carpenter

©2004

Sumner County Loose Lawsuits, Case #3143

Hardy H. Perry and others Exparte - Final Decree.........

Be it remembered the above cause came on again to be heard on the 27th day of June 1845 before the Honorable Andrew I. Marchbanks upon the report of the commissioners appointed by an Interlocutory decree of this court heretofore made in said cause to make partition of the slaves mentioned their report which is in the words and figures to wit: In obedience to an Interlocutory decree made in the cause of H. H. Perry and others exparte by the Circuit Court of Sumner County at it's October Term 1844, which report being seen and inspected and the same being unexcepted to us in all things, confirmed and ordered to be entered and recorded. It is therefore ordered adjudged and decreed by the Court that the title to said slaves mentioned in said report be divested out of the petitioners jointly as heirs of Norfleet Perry dec'd and vested in each one of them according to the terms of said report and that petitioners pay the costs of this proceeding for which let execution issue.

To the Honorable Thomas Maney, Judge of the sixth Judicial Circuit sitting at Gallatin - Your petitioners Hardy H. Perry and Sarah Perry, William M. Perry and Mary J. Perry, James G. Perry and Susan Perry minors by their next friend and guardian David Hunter would respectfully show unto your Honor their Father Norfleet Perry died at his late residence in the County of Sumner and State of Tennessee on _ day of _ leaving your petitioners as his only heirs and distributes at large together with his wife who a short time after his death departed this life also before any distribution of the estate of the said Norfleet had been made. Your petitioners would show your Honor that their Father the said Norfleet Perry died seized & possessed of the following slaves to wit: Stephen a negro man and Lemon and Mariah negro women about 30 or 35 years old & Isham & Alford two boys about 15 years old each & Susan about 12 years old and Jane and Milly 5 or 6 years old, Huldy & Elizabeth, Dave, Mitchel, Susie, and Philip children which are to be divided amongst your petitioners equally.

Your petitioners would further show your Honor that the said Hardy H. Perry has arrived at full age and wishes to have his portion of said negroes assigned to him & ask that he is the regular guardian of the said slaves up before petitioners.

Therefore the premises considered your petitions pray your Honor that commissioners may be appointed by a decree of this court to make partition of said slaves amongst your petitioners and assign to the said H. H. Perry one sixth thereof. And grant your petition such other and further relief as they may be entitled to and they will ever pray. James Whitworth, Sol. for Petitioners

Hardy H. Perry et al, Exparte - Be it remembered that the above cause came on to be heard before the Honorable Thomas Maney, Judge & upon _ day of October 1844 and said appearing to the Court that same of the petitioners in said cause were minors and that their regular Guardian is one of the petitioners. It is therefore ordered by the Court that David Hunter by appointed Guardian ad litem for Sarah Perry, William M. Perry, Mary J. Perry, James G. Perry and Susan J. Perry.

Hardy H. Perry and others Exparte - Be it remembered that the above cause came on again to be heard before the Honorable Thomas Maney, Judge & upon 23rd day of October 1844 upon the petition and orders made in the cause and it appearing to the satisfaction of the Court that the said Hardy H. Perry has arrived at full age and that he is entitled his one sixth of the property mentioned and described in said petition.

It is therefore ordered adjudged and decreed by the Court that Zebulon B. Cantrell, Martin Gardner, Robert Joyner, Robert Patton and John Stark be appointed commissioners to go upon the premises and make partition and distribution of all of said slaves mentioned in said partition equally amongst the petitioners *(Words written and then marked through. Illegible...) And having so done make report of their proceeding under this decree to the next term of this court. Until which time all & other matters & things are received.


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