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J. R. Barry (Clerk & Master) decree to William Perry Sr., 1871

 Source: Sumner County Deed Book 28, pages 386-387

Transcribed by Linda Carpenter

 

State of Tennessee, Sumner County - Be it remembered at a Chancery Court began and held on the Fourth Monday in April in the year of our Lord one thousand eight hundred and seventy one it being the truly fourth day of said month in the Court House at the Town of Gallatin being the day fixed by act of General Assembly for the holding of said Court. Present the Honorable Charles G. Smith duly illicit commissioned and qualified to hold said Court when the following among other proceedings were had.

William Perry Sr. vs. James W. Perry et als - Final Decree
Be it remembered this cause came on to be heard this day before Chancellor Smith on the exceptions to the depositions of William Perry Sr. filed in this cause when it was ordered by the Court that said exceptions be silenced and the deposition not permitted to be read. Thereupon the cause came on to be further heard upon the Bill and answer, the answer of the Guardian ad litem Exhibit and proof & etc. in the cause when it appeared to the Court that on the 28th of February 1857 the complainant William Perry Sr. made and executed a deed of gift of 78 acres of land to his son Joshua S. Perry the Father of Defendant James W. and John W. Perry the boundary of which are as follows to wit. Beginning on a small white oak, the NW corner of my old tract thence S passing his Hickory White Oak and Sassafras corner at 12 poles in all 80 poles to a small dogwood chestnut and three Hickory pointers thence E 57 poles to Red Oak thence N 6 poles to a stake dogwood pointers thence E 88 poles to black gum and Chestnut thence N 74 poles to White Oak thence W 165 poles to the beginning containing 78 acres and lying in the 15th Civil District of Sumner County, Tennessee and that on the 30th of September 1858 the said complainant William Perry Sr. executed a conveyance to the said Joshua S. Perry a tract of land containing 240 acres more or less the boundaries of which are as follows situated in the County of Sumner State of Tennessee District No_ on the head waters of the Middle Fork of Drakes Creek bounded as follows; Beginning at a white oak and dogwood running East 127 poles to a white oak sapling thence North 226 1/2 poles to a white oak thence West 127 poles to a Spanish oak thence South 226 1/2 poles to the beginning containing two hundred and forty acres be the same more or less which said 240 acres includes the 78 acres given to the said Joshua S. Perry February 28th 1857, it further appearing that said conveyance of the 240 acres dated September 30th 1858 appears on it face to be a deed of gift but the Court is satisfied that said conveyance was not intended to be a deed of gift but it was only intended to be a collateral security to the said Joshua S. Perry and was executed under the following circumstances to wit The Complainant Perry was indebted by Judgment to one Oscar Staley for about $94.00 which was stayed by one H. M. Austin that said Judgment was transferred by said Staley to one James Tally and that when the stay expired it was agreed that the Complainant Perry might again Stay said Judgment and that he did procure one Miles Durham to Stay said Judgment and the second time but who it upon the conditions that Joshua S. Perry a son of Complainant would agree to become responsible to him Durham and stand between him and all danger in opening said responsibility and that said Joshua S. Perry did agree to become thus responsible to the said Durham in said marker and that in order to secure the said Joshua S. Perry saw him harmless in the said responsibility he had assumed for Complainant to the said Miles Durham the Complainant executed to the said Joshua S. Perry the conveyance aforesaid dated September 30th 1858 it being fully understood by both parties that such was the object and intention of said conveyance and it being expressly agreed and understood that the said Joshua S. Perry was to recovery said 240 acres except the 78 acres conveyed February 28th 1857 to the Complainant William Perry Sr. so soon as said Judgment was paid off and Joshua then released of said responsibility. The Court being fully satisfied that such was the object and intention of both parties to said conveyance and that and it was only intended as a mortgage or collateral security to the said Joshua S. Perry for the responsibility he had assumed to said Durham (except the 78 acres) and that the appearance on the face of said conveyance that it was a deed of gift is a mistake from which complainant is entitled to be relieved. The Court being further fully satisfied that said judgment going to James Tally has fully paid off and the object for which said conveyance was made fully accomplished and that said Joshua S. Perry has since died without reconveying said land to the complainant and that the defendant James W. and John W. Perry the only heirs of said Joshua S. Perry the Court upon the whole case is pleased to order adjudge and decree that the conveyance aforesaid of the 240 acres made by complainant to the said Joshua S. Perry dated September 30th 1858 and Registered December 17th 1860 be cancelled and set aside and for naught held and that all the right title estate and interest of the defendants James W. Perry and John W. Perry heirs of Joshua S. Perry dec'd in and to said land be devested out of them and vested in the complainant William Perry Sr. his heirs and assigns forever except the 78 acres conveyed February 28th 1857 the boundaries of which are hereabove set out which this decree is not intended to affect in any way but which is to remain in full force and virtue. It is further ordered that complainant William Perry Sr. pay the cost of this suit a lien is retained on said land hereby decreed to complainant William Perry Sr. for the payment of the fee of Geo. E. Seay complainant's solicitor. It further appearing that defendant Withow? is the regular guardian of John W. and James W. Perry and that Messers Guild and Blackmore are his solicitors in this cause it is ordered that the C & M take proof and report as to what would be a reasonable fee for said solicitors for the service in behalf of said Guardian.

State of Tennessee, Sumner County - I John R. Barry, Clerk and Master of the Chancery Court in and for said County and State do hereby certify that the foregoing is a full true and perfect transcript of the decree pronounced by said Chancery Court in the cause wherein William Perry Sr. is complainant and James W. Perry et als are defendants as the same appears of record on file in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said Chancery Court at office at the Court House in the town of Gallatin County and State aforesaid this the seventeenth day of February in the year of our Lord one thousand eight hundred and seventy two and in the 96th of American Independence. J. R. Barry, Clerk & Master

Rec'd for registration 19th February 1872 at 9 1/2 o'clock A.M.
Registered and Examined the same day Rec'd. R. H. Hallum, Reg. S. C.

 


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