Source: Transcribed from a photocopy.
The heirs of Elizabeth Moore expartee
The commissioned Wm. J. Lee appointed in the cause
to sell the land mentioned in the: Bill under former orders in the cause Reports that he
Sold the land mentioned to Silvans Hermans (?) for the sum of $231.121 dollars and that
the lot at Mitchellville was bid off by Letha W. Green at the sum of 100 dollars Hermans
has paid his Mrs. Letha Green part is unpaid she being a legatee and the Commissioners
understanding has been that Alfred P. Moris (Moore?) has consented that his part of the
estate goes to Mrs. Green and he believes that both interests will buy (or pay) off the debt
and all has been settled off in that way. Wm. J. Lee is ______ & Commissioner. He
desires that title be vested.
Wm. J. Lee
William J. Lea and others
Be it remembered
that the above cause coming on for final hearing at the present term of the court was heared on this the 22nd day of October 1854 before his Honor Nathaniel Baxter Judge el(?) upon the pleadings in this cause and the report of Wm. J. Lea, the Commissioner which is word for word as follows: "The heirs of Elizabeth Moore Exparte, The commissioner W. J. Lea appointed in the cause to sell the land mentioned in the Bill Ano former orders in the cause - Reports that he sold the land mentioned to Sylvanus Hermans(?) for the sum of $231.121 and that the lot at Mitchellville was bid off by Leatha W. Green at the sum of $100- Hermans(?) has paid his purchase money Mrs. Green's purchase money is unpaid. She being a legatee, and the commissioner's understanding has been that Alfred J. Moore has consented that his part of the estate goes to Mrs. Green and he supposes that both interests will pay off the purchase money and all has been settled off in that way. Wm. J. Lea is administrator and commissioner and desires that title be vested. Wm. J. Lea which being unexcepted to is in all things confirmed by the Court. It is therefore ordered, adjudged and decreed by that all the right, title and interest which the heirs and representatives of Mrs. Elizabeth Moore dec'd have in and to said ____ lot at Mitchellville and the tract of land known by the following Boundaries towit Beginning at the North East corner of Mitchell's 44 acre tract Then running East 40 poles to Warren Barr's South West corner Then South 85 poles to Wm. M.C. Bain's(?) north boundary line. Then West 40 poles to the South East Corner at Mitchell's 44 acre tract. Then North with the line of the same 85 poles to the Beginning containing about 21 acres by the same, more of less--it being a part of the tract purchased by the said Elizabeth Moore of Henry M. Rutledge, be and the same is hereby divested out of _____ and the said Lot vested in Leatha W. Green the purchaser and the land vested in Sylvains Herman(?) the purchaser thru him and assigns respectively for ever. William J. Lea, the Commissioner will pay the costs of this proceeding for which execution may expire(?), a certified copy of this decree will be furnished for Registration.
To the Honorable Thomas Manning (or maybe Maury)
Judge of Chancellor Setting at Gallatin for the County of Sumner
Your petioner (sic) William Lee and his wife Elvirareen(?) Lee, James Moore, Lethe W. Green, Martin Payne, Martha Margaret Priscilla Greenwood and Adalade Elvira Jane Payne. The last seven who are minors and petition by their next friend Zachariah Payne would represent unto your Honor that Mrs. Elizabeth Moore departed this life in the summer of 1850 seized and possessed ( in her' crossed out) of a tract of land containing 21 acres in the county of Sumner and left your petitioners as her heirs at law. Petitioner shows that the Elvirareen(?) Lee is the daughter of the said Elizabeth the said Wm Lee having intermarried with her and further the minors who are petitioners are the children of Elvira Payne ( are the children' crossed out) the daughter of the said Elizabeth and the said Elvira departed this life before her mother leaving the said minors or her husband as her heirs at law. The Lethe Greene is also the daughter of the said Elizabeth her husband Greene died some years ago. Your petitioner would further show your Honor that a division of the said land is wholly unpracticable between petitioners and that is manifestly for their interest that it should be sold. Your petioners (sic) would show your Honor that Alexander Moore formerly owned a lot in the town of Mitchellville in Sumner County the greater portion of the lot is in Sumner County it being situated on the line dividing the Counties of Robertson and Sumner's. Petioners (sic) state that the said Alexander was the son of the said Elizabeth the common(?) ancestor and that petitioner are his only heirs at Law the said Alexander having died without any wife or children. Petioners (sic) aver that a sale of the said lot would be manifestly for the interest of the Petitioners. The previous(?) considered your petioners (sic) pray that the said 21 acres and the said Lot be sold and the proceeds be divided among those entitled thereto.
J. A. McMurry?
William J. Lee Elvirareen his wife, James Moore, Leatha W. Green and Martha Payne,
Margaret, Priscilla, Greenwood, Adalade, Elvira and Jane Payne by their next friend
Zachariah Payne Exparte
Petition for Sale of land
Be it remembered that the above cause called(?) on to be heard before the Honorable Thomas M_______ Judge on the 27th day of June 1851 upon the petition and the proof in the cause and it satisfactorily approving(?) to the court that the twenty one acres of land and lot in Mitchellville mentioned in the petition can not be advantageously divided between petitioners and that it is manifestly to the interest of all the parties interested that the same be sold and the proceeds divided between petitioners. It is therefore ordered adjudged and decreed by the court the said twenty one acres of land and lot mentioned in petition be sold and the proceeds divided between petitioners under the Statutes of dec__t(?). It is further ordered that William I Lee be appointed commissioner to conduct and make the sale, he agreeing to do the same without charge. Said Commissioner shall have discretionary power to sell said land and lot for cash or upon a credit either at private or public Sale, if at public Sale he will give at least twenty days notice in writing of the time and place of Sale and if upon a credit let it be at one and two years and a lien retained upon the land and lot until the purchase money is paid, taking bond with approved security--the twenty one acres not to be sold for less than four dollars per acre and the lot for not less than $50. Commissioner to report to next term of this Court.
William J Lee & his wife Elvirareen, James Moore, Leatha W. Green and Martha Payne
and Margaret, Priscilla, Greenwood, Adalade, Elvira, Jane and Martin Van Buren Payne
by this for this and next friend Zachariah Payne.
Be it remembered that the above cause coming on to be heard at the present term on the Honorable Circuit Court of Sumner before the Honl. Thomas Maury(?) Judge, __ on 22nd day of October 1851 upon the Report of William J. Lee the Commissioner in the cause which is as follows to wit (hear (sic) insert it) Which being unexcepted to is in all things considered by the Court. It is thereupon ordered by the Court that the said William J. Lee hold said notes until this fall when he will collect the same and after paying to Munday(?) & McMaury(?) $15 as a fee for obtaining du____ (?) in this Court and paying the cost of this proceeding he will pay over the balance of the fund to petitioners as they are respectively entitled that is to say -- One fourth of the fund to James Moore, one fourth to Leatha Green; one fourth part to the heirs of Elvira Payne dec'd. to wit, Martha, Margaret, Priscilla, Greenwood, Adalade, Elvira, Jane and Martin Van Buren Payne and he will retain the remaining one fourth in his own right. A lien is retained upon the land and house and lot until all purchase money is paid.
William J Lea, Elvirareen Lea and others
In pursuance to the introductory decree made at the June Term 1851 of the Honl. Circuit Court of Sumner directing me to advertise and make sale of the tract and lot of land mentioned in the pleadings I submit the following Report. I gave the notice as directed by the decree twenty days before the sale of the time, place and terms of the sale, and on the 30th day of August I offered the said tract and lot of ground at public sale and Sylvanos Herman(?) being the best and highest bidder for the tract of land containing twenty one and a half acres the same was struck off to him for ten dollars & 75 cents per acre amounting to two hundred thirty one dollars 121 cents. For the payment of which I took the bonds of the said Hermans(?) in equal amounts with Thos. Heronans security payable one and two years from 30th day of August 1851. L. W. Green being the highest bidder for the lot and house mentioned in pleadings the same was struck off to her for the sum of one hundred dollars for the payment of which I took her bonds in equal amounts payable in one and two years from the date of the sale with A. J. Moore Security.
Wm. J. Lee Commissioner