Transcribed by John Waggoner Jr.
We acknowledge ourselves indebted to John Waggoner, David Bass, Martha Davis, Henry Miller and ________ Tyler and wife in the sum of five hundred dollars to be void if Jacob Waggoner and others shall prosecute with effect a bill filed in Smith Circuit Court against said defendants with effect or in case of failure of such prosecution pay the cost of such. Witness our hands the seals, 4th Oct., 1847.
Jacob Waggoner (Seal)
James B. Moores (Seal)
To the Hon. Judge of the 4th Judicial Circuit presiding at Carthage, Tennessee. Bill of Complaint for the sale of land filed in the Circuit Court of Smith County by JacobWaggoner, George Waggoner, and Mary Uhles, citizens of Smith County, Tennessee.
Daniel Waggoner, David Waggoner and Nicholas Waggoner, citizens of Humphreys County, Tennessee, William Waggoner, citizen of Wilson County, Tennessee, Soloman Wiatt and his wife, Sally, and William Duke and his wife Susan, citizens of Davidson County, Tennessee against John Waggoner citizen of ________, non resident Martha Davis Davis Bass citizen of Arkansas and Henry Miller citizen of Arkansas and Elizabeth Tyler, formerly Elizabeth Miller and her husband _________ Tyler citizens also of Arkansas. Your orator and oratrixes would respectfully show your honor that in June 1847 Mary Morris departed this life intestate in Smith County Tennessee leaving a small estate both personal and real, and your petitioners together with the defendants, some 14 in number, heirs at law and distributies, that is intestate died without issue or children of her own are consequently leaving as her surviving heirs her whole and half blood brothers and sisters and the surviving nephews and nieces of her deceased brothers and sisters to wit: Daniel, Davis, Nicholas, Jacob, William and John Waggoner, brothers and Susan wife of William Duke, sister ___________ Waggoner, half brother, Sally Wiatt wife of Soloman Wiatt, Mary Uhles widow of John Uhles deceased. Nieces and illegitimate children, two in number, of her sister Barbara Waggoner deceased, Martha Davis, niece and daughter of her sister Elizabeth Davis deceased. The father of Martha, Sam Davis is also dead and the three children of her sister Katherine deceased, who first married Jordan Bass and had one child to wit, a son named David Bass and then after his death, with John Miller and had one daughter, to wit, Elizabeth, intermarried with a Mr Tyler and son Henry Miller, all of age.
Your Orator and Oratrixes would further show Your Honor that at July Term of the County Court of Smith 1847, J. J. Burnett took out letters of Adm. upon the estate of said Mary Morris deceased, that he is proceeding to settle up the same, that the personal estate amounts to between two and three hundred dollars, which will more than meet the debt of the estate as there are but few. The real estate of intestate consists of two small tracts of land joining each other bequeathed by Dempsey Morris, the husband of intestate to her, his wife, said tract contain one hundred and twenty four acres, more or less, and lies in Smith County, Tenn and district # 14 on Hogan’s Creek, bounded on the south by John Estes, north by Jerry Smith and William Evans, east by Moses Reeves and west by Thomas Crutchfield land, the title papers will be filed if necessary. Your Orator and Oratrixes would further show Your Honor that said land is of such a description it cannot be advantageously partitioned among the heirs, considering their number, and that it will manifestly be to their interest of all parties to sell the same for the purpose of distributing the proceeds among those entitled, the premises considered.
Your Orator and Oratrixes pray that non-residents be made defendants to the bill that on order of publication, be made as to them. The non-residents John Waggoner, David Bass, Martha Davis, Henry Miller, ____ Tyler and his wife, Elizabeth. Complainants further pray that said land be sold by decree or Your Honorable Court for the purpose of distributing the proceeds of this upon such terms as may be directed by Your Honor and for all such other and further relief or good conscience. Moores Solicitor for Complainants
Smith County, Tennessee
This 4th Oct. 1847, Jacob Waggoner personally appeared before the clerk of Smith Circuit Court and made oath that he is informed and believes it to true that John Waggoner, David Bass, Martha Davis, Henry Miller, _____ Tyler and wife Elizabeth are non – residents of the State of Tennessee and subscribed the same.
November Term 1847
Came the complainants by their solicitors. When it appears to the court that publication has been made pursuant to order made in the clerks office at October Rules 1847 requiring the defendants John Waggoner, David Bass, Martha Davis, Henry Miller, ----- Tyler and wife Elizabeth, non-residents, defendants to appear at this term and plead, demur or answer to complainants bill and said defendants having failed to appear and plead, demur or answer complainants bill , it is ordered that the same be taken for confessed and set for hearing exparte as to said non-residents defendants.
March Term 1848
Came the complainants by the Solicitor and this cause coming on to be heard upon bill taken for Confessed the value of land not appearing to the court, it is ordered that the clerk take proof and report in the premises. Afterwards the clerk filed his report and accompanying proof and the cause coming on to be further heard, it appearing to the court that that the tract of land in the pleading mentioned is of such a description that it will be manifestly for the advantage of the parties entitled that the same be sold and the proceeds distributed.
It is thereupon ordered, adjudged and decreed by the court that the clerk of this court proceed to sell said land by public auction at the Courthouse in Carthage. After giving 40 days notice of time and place by advertisement at Rome, at Dixon Springs, at Carthage at Smith’s Store on Mulherron Cr. And at Ross’s, said land will be sold on a credit of one and two years, except or to a sum sufficient to pay the cost of such which will be required in cash, the purchaser to give notes with good security and a lien will be retained on the land for the purchase money. The clerk will report to next term. It is ordered by the court that the land directed to be sold by the clerk not be sold for less than five hundred dollars.
July Term 1848
Came the Complainants and their Solicitors, when the clerk filed his report showing that after giving the notice required in the decental order, he sold the land in the pleadings mentioned at the court house in Carthage on the 14th June 1848 at public auction when and where Robert Enoch became the purchaser of said land at the price of five hundred dollars, that said purchaser paid at cash forty dollars and executed two notes with James L. Bradley and Jacob Waggoner securities each for two hundred and thirty dollars due at twelve and twenty four months. The clerk further reported that in addition to the personal security, a lien was retained on said land for the balance of the purchase money which report not being excepted to is in all things confirmed by the court. It further appeared to the court from the pleadings that said tract of land contains one hundred and twenty four acres more or less, lying in Smith County in Civil District 14 on Hogan’s Creek and is bounded
on the south by John Estes, on the north by Jeremiah Smith and William Evans, on the east by Moses Reeves, and on the west by Thomas Crutchfield. It is thereupon ordered, adjudged and decreed by the court that all right and title, both legal and reputable (except lien retained for purchase money) of the parties in this suit in and to said tract of land bounded as aforesaid be and the same is hereby directed in the said Robert Enoch, (purchaser aforesaid) his heirs and assigns to have and to hold forever, subject however to the lien retained as aforesaid.
July Term 1849
Ordered that the clerk proceed to distribute the net fund arising from the sale of the land sold under a decree of this court in this cause as the same shall be collected for time to time.