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Isaac W. Harris Admr.
vs
Robert M. Hobdy et als, 1867

Source:  TSL&A Microfilm #27
Sumner County Chancery Court Minutes
Mar 1867 - Mar 1875

Transcribed by Jan J. Barnes
© 2002

September Term, 1867
Page 231

Isaac W. Harris Admr. etc. vs. Robert M. Hobdy et als
Be it remembered that the above cause coming on for hearing upon this the 19th day of September 1867, was heard before Chancellor Barry upon the bills, answers, pro confesso & the proof in the cause.  And it appearing to the court, that Richard D. Hobdy departed this life many years ____ in the County of Sumner after having made & published his will - that his wife Elizabeth was appointed Executrix by said Testator & that his will gave to said Elizabeth during life the whole of the property of the Testator for the purpose of raising & educating the children of the Testator at the death of the said Elizabeth the whole of said property both real & personal was to be sold & proceeds divided between the children of the Testator.  It further appearing to the court that the said Elizabeth departed this life during the year 1865 & that the compt. has been appointed her administrator with the will annexed of the said Richard D. Hobdy.  It further appears that the intestate Elizabeth Hobdy died owing sundry debts.  The court is of opinion & so decrees that the estate of the said Richard D. Hobdy is liable for all the debts of the said Elizabeth Hobdy contracted for & on account of the execution of the will of the Testator & the raising & education of the children the said Testator.  And because it does not appear to the court for what purpose the debts held by the creditors of the said Elizabeth were contracted a reference is made to the Clerk to take proof of & report to the next term of this court, showing the amount of said debts, when contracted & for what purpose.  To effect this he may call be-

Page 232

fore him such creditors & examine them & take proof as may be offered touching these questions - each creditor may become a party to this proceeding by filing his debt with the Master.  The C & M after giving the usual notice will sell said land to the highest bidder - one fifth cash, balance on a credit of one & two years taking bond & security from the purchaser.  He may sell the same in one or more tracts to suit purchasers & to subserve the interest of those entitled to the proceeds of such sale.  He will not sell the land for less than $20 per acre.  All other matters are reserved.

March Term, 1868
Page 433

In this cause, the Clk & M will proceed to complete the sales made in this cause.  And if the purchasers do not comply with the terms of the sale by the June Rules, the Master after giving the regular notice will resell the lands under the terms of the former Lien.
The former Decree is revived and the C & M Will proceed & execute the same so far as the matters referred to him for Report are involved.

March Term, 1869
Page 480

This cause was this day heard before Chancellor Barry on 15th Mar/69 upon the report of the com. which is as follows:

"In pursuance of the order of reference to report the debts against the estate of Elizabeth Hobdy to whom due & for what contracted, I beg leave to submit the following report:
From the proof I report the following, which the proof shows were all contracted in carrying on her farm & for the support or maintenance of her family & should be paid by the estate of the Deceased. viz:

Amt a/c Wm More & Son $120.88
Int to March 15/69    12.90
Int. to S. S. Cole (Medical services)  115.61
Int.    27.74
Int. to Hassel & Hobdy    13.40
Int.      5.62
Judgement of E. M. Hall Admr.    79.87
Int.    10.39
a/c of Vaughan & Co.  157.49
Int.    20.80
Note to Vaughan & Co. due 1860  135.58
Int.    74.50
Total indebtedness $794.28
James H. Hassell debt & interest               74.97   = $849

All of which is respectfully submitted, Mar 15th/69.
J. R. Barry Com"

which being unexcepted to is in all things confirmed by the Court.  The C & M will pay the debts as shown in the above report to the respective creditors to whom they are due, taking their receipts for the same.

March Term, 1869
Page 482

Be it remembered that the above cause coming on again to be heard was heard before Chancellor Barry on the 15th day of Mar. of 69 upon the previous orders in the cause & the report of C & M viz:"
In pursuance with an order made in this cause I would respectfully report that after giving due legal notice, I proceeded to sell the lands mentioned in the pleadings at the Court House door in Gallatin on the 23rd day of November 1867, when the same was struck as follows viz: The 60 acres to George Strother at $30.15 pr acre making                        $1809.00
of which amount he has paid me                                                                        961.80
leaving due this sum                                                                                           847.20
The 62 3/4 acres, whereupon said Cooly paid in cash $251.00 & executed his note due in 12 mos. for 1004.00 with N. M. Johnson as his surety.
The 10 acre tract was struck off to A. R. Hobdy at $90.00, said Hobdy has failed in every aspect to comply with the terms of sale.  All of which is respectfully submitted March 15th/69.
J. R. Barry Com."
which being unexcepted to is in all things confirmed by the Court, so far as the purchases of George Strother & Wm. Cooly are concerned.  In regard to the purchase of A. R. Hobdy the Court directs that if he does not comply with the terms of

Page 483

said sale on or before the May Rules, the Master will resell said land on the account of said A. R. Hobdy, after giving 20 days notice by hand bills of the time & place of sale.  He will report to the next term of this Court.


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