COURT RECORDS

Pope County Arkansas Genealogy Trails


Chancery Court Record
Book B - 1875

Transcribed and contributed by Sharon Smith

May 17, 1875
pg 372)
Elizabeth WILLIAMSON vs M.H. CALDWELL - Complaint in Equity
Now on this day comes said defendant by his solitors and files his answer to complaintants and complaint.
Elizabeth WILLIAMSON vs M.H. CALDWELL - Complaint in Equity
Now on this day comes said defendant by his solitors and files demurrer to complainants and complaint.
Jasper McGEE vs John C. MOORE et al - Complaint in Equity
Now on this day the motion previously made by David M. & Garland H. MOURNING to be made parties defendant in this cause is by the court sustained.
Jasper McGEE vs John C. MOORE et al - Complaint in Equity
Now on this day comes said MOURNING defendants by solicitors and files motion for rule to deposit money with clerk.
Elizabeth RUSHING vs John S. RUSHING - Complaint in Equity
Now on this day attorney for non resident defendant files his report herein.
FERGUSON & HOWELL vs Moses H. CALDWELL & Mattie C. CALDWELL - Complaint in Equity
Now on this day come said defendants by their solicitors and file their joint answer to complainants complaint.

May 19, 1875 Wednesday
pg 373)
Alexander D. WILSON vs Gulley S. WILSON and Finis E. WILSON - Bill for Partition
Now on this day this cause comes on for hearing on this 19th day of May 1875 and it appears to the Court that the defendants have been duly served with the process thereof as in the statute in such case is required an it further appearing to the Court that the defendant Gulley S. WILSON and Finis E. WILSON are infants under the age of twenty one years. It is therefore ordered that L.W. DAVIS be and he is hereby appointed guardian ad litem to the said infant-defendants and that he appear in open Court and show his acceptance of said appointment by filing his answer to said plaintiff's bill of complaint in behalf of said minors without unnecessary delay.
And it is further ordered that upon the filing of the answer of said guardian ad litem in said cause this cause be and hereby is referred to A.J. BAYLISS Esq. Clerk of this Court as Special Master in Chancery of this Court to take proofs as to whether land can be divided and that he report the same to the Court without delay.
Alex. D. WILSON vs Gulley S. WILSON and Finis E. WILSON - Bill for Partition
Now on this day comes L.W. DAVIS guardian ad litem of said defendants and files his answer to complainant's bill.
Ordered that the Court adjourn until tomorrow morning at eight o'clock

May 20, 1875 Thursday
pg 374)
Court met pursuant to adjournment when present and presiding as on yesterday.
Alexander D. WILSON vs Gulley S. WILSON & Finis E. WILSON - Decretal Order
Now on this 20th day of May 1875 comes on this cause again for hearing upon plaintiff's bill of complaint, the answer of said defendant by their guardian ad litem and the proofs reported into Court by said A.J. BAYLISS Clerk of said Court on file herein and the Court being sufficiently advised in the premises and of the matters and things in said plaintiff's bill alledged and being satisfied of the truth thereof and that the prayer of said bill ought to be granted and no sufficient reason to the contrary appearing. It is therefore ordered and decreed by the Court that division and partition be made of the lands and premises in said plaintiff's bill set forth and described as follows, to wit, the southwest quarter of the northeast quarter the east half of the northeast quarter - the southeast quarter of the northwest quarter of section fourteen (14) And also the northwest quarter of the northwest quarter of section thirteen (13) in township eight (8) north; of range eighteen (18) west, containing in the aggregate two hundred (200) acres of land situate lying and being in said County of Pope and State of Arkansas. And that all the partition respectively to whom parts and shares of the lands and premises aforesaid shall be alotted hold the same respectively and separately in fee simple. And it is further ordered and decreed that to the said plaintiff Alexander D. WILSON there shall be alotted and set apart to in fee simple on a third part of the land and premises aforesaid to the said defendants Gulley S. WILSON and a third part of the land and premises aforesaid and to the said defendant Finis E. WILSON one third part of the lands and premises,
pg 375) aforesaid, quality and quantity relatively being considered.
And it is further ordered by the County that George R. REYNOLDS, John N. NICKLES and W.G. DOYLE of the County of Pope and State of Arkansas be and they are hereby constituted and appointed Commissioners to make partition and division of said above described lands and premises in the manner aforesaid and between the parties aforesaid. And that they make report of their acts in the premises in that behalf at the present term of said Court.
Elizabeth WILLIAMSON vs Moses H. CALDWELL - Complaint in Equity
Now on this day demurrer previously filed by defendant comes on to be heard. And the court after hearing argument of counsel and being fully advised doth overrule said demurrer. And it is further ordered by the court that defendant have until tomorrow morning to file an amended answer.
Eliza BASS vs William BASS - Complaint in Equity
Now on this day attorney for non resident defendant comes here in court and files his report herein.
John F. HAILE vs W.B. YOUNG admr of W.C. McCUNE's estate et al - Complaint in Equity
Now on this day comes attorney for non resident defendant and files his report herein.

May 1875 Thursday
pg 378)

A.K. HENRY & wife
vs P.W. PARKER et al - Complaint in Equity
Now on this day came said plaintiff by their solicitor and move the court to appoint guardian ad litem for Susan and Medora PARKER defendants who are minors. And is by the court ordered by the court that Thomas OATS be appointed as such guardian.
Ordered that court adjourn until tomorrow morning at 8 o'clock. William W. MANSFIELD, Judge
Friday morning May 21st 1875 Court met pursuant to adjournment present and presiding as on yesterday
Elizabeth McWILLIAMSON as administratrix of the estate of Joseph McWILLIAMSON deceased vs Moses CALDWELL
And now on this day came the plaintiff by CLARK & WILLIAMS her attorney's and defendant CALDWELL by his parties it is ordered, adjudged and decreed that the complaintant and proceedings herein be taken as an application and proceeding under the Statute in such cases made and provided for a vacation of the judgement and decree of this court recorded on the 9th day of October 1872 in the case of Joseph McWILLIAMSON against Moses C. CALDWELL referred to on said complaint and as a part of the proceedings in said case. And it is further by consent of parties ordered, adjudged and decreed and that the said decree on judgement be the same as hereby set aside and vacated as the causes on said complaintant alledged
pg 379) Friday May 18th, 1875
and the said cause reordered in the name of Elizabeth McWILLIAMSON as administratrix of the estate of the said Joseph McWILLIAMSON deceased as plaintiff and reinstated on the docket. And it is further ordered by consent of parties that said defendant CALDWELL have leave if he so desires to withdraw his answer and amended answer filed before the condition of said decree and within sixty days from this date to file an answer to the original complaint and that this cause be set for hearing at the next term of court upon the original complaint, exhibits thereto. Upon such answer as said defendant shall elect to file within sixty days, exhibits and replication thereto. If replication be necessary and proofs thereto had but in case said defendants shall fail to have an answer in as ordered herein then the case shall be tried upon the complaint taken as confessed and this cause is continued until the next term hereof accordingly.

May term 1875 Friday
pg 379)
State of Arkansas County of Pope
Alexander
D. WILSON vs Gulley S. WILSON and Finis E. WILSON
To the Honorable W.W. MANSFIELD Judge of the Pope County Court - We whose names are hereunto subscribed, being the Commissioners named in the commission and order hereto aforesaid annexed do respectfully certify and report unto __ that by virtue and in pursuance of said order and commission we did on the 18th day of May 1875 meet and assemble at the Court house in the town of __ in said County and State of Arkansas duly sworn according to __ __ fully certify and report that __
pg 380) division and partition of the lands and premises in plaintiff's bill described quantity and quality relatively being considered and have allotted the several portions and shares thereof to the respective parties to this suit according to their respective rights and interests as adjudged and decreed by the said Court designating the several shares and portions by metes and bounds and by other words proper and descriptions, that is to say, To the said Alexander D. WILSON plaintiff in this cause we have set apart and allotted all that portion of said lands and premises described as follows, to wit, the northeast quarter of the northeast quarter of section fourteen (14) and the north half of the northwest quarter of the northwest quarter of section thirteen (13) all in township eight (8) north of range eighteen (18) west in said County of Pope and State of Arkansas containing sixty (60) acres - And that the said Finis E. WILSON pay him the said A.D. WILSON the sum of fifty dollars in money to equalize said share or portion out of the crops raised and proven upon that portion of said premises set off and allotted to said Finis E. WILSON for and during the year A.D. 1875.
To the said Gulley S. WILSON one of the defendants in this cause, we have set apart and allotted all that part or portion of said land and premises described as follows, to wit, the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of section fourteen (14) in township eight (8) north of range eifhteen (18) west containing eighty (80) acres and all in said County of Pope and State of Arkansas. To the said Finis E. WILSON the last and other of said defendants in this cause we have set apart and allotted all that part and portion of said lands and premises described as follows, to wit, the southeast quarter of the northeast quarter of section fourteen (14) and the south half of the northwest quarter of
pg 381) the northwest quarter of section thirteen (13) all in township eight (8) north of range eighteen (18) west containing sixty (60) acres and all in said County of Pope and State of Arkansas.
All of which actings and doings by us in this behalf are hereby respectfully submitted. In testimony whereof we have hereunto set our hands and seals this 20th day of May 1875.
G.R. REYNOLDS (signed & seal)
J.N. NICKLES (signed & seal)
W.G. DOYLE (signed & seal)
State of Arkansas County of Pope - We, George R. REYNOLDS, John N. NICKLES and W.G. DOYLE, the Commissioners whose names are affixed to the above and foregoing report do severally swear that we in obedience to the order and decree of said Court and in the discharge of the duties imposed upon us by the same did on the 20th day of May 1875 make division of the land and premises in said order and decree described being the same as mentioned in plaintiff's bill herein fairly and impartially as therein specifically commanded and that we have set apart and allotted to the several parties to this suit and interests in said lands the several shares and portions thereof in the above and foregoing report separately and particularly describing that in the discharge of our said duties as such Commissioners in making the division and partitioning aforesaid and in the allottment of the several tracts and parcel of said lands and premises to the parties entitles thereto we did duly consider the quantity and quality of each tract or subdivision thereof relatively with each other tract or subdivision and with the whole amount of land involved in these proceedings aforesaid divided and partitoned tracts.
G.R. REYNOLDS, J.N. NICKLES, W.G. DOYLE
Subscribed and sworn to before me this 20th day of May A.D. 1875
pg 382) Alexander D. WILSON vs Gulley S. WILSON & Finis E. WILSON - Partition
And now on this 21st day of May 1875 came George R. REYNOLDS, John N. NICKLES and W.G. DOYLE, Commissioners appointed by this Court to make report of the lands in a former decree and order of this Court mentioned between the parties thereto and make report of their proceedings and that they had made partition as in and by said decree they were required. And the Court having examined the same doth find that the said Commissioners have in every respect according to law and the judgement of the court in said decree examined and that said partition was fairly and impartially made and no objections or exceptions being made by any of the parties herein thereto; and the Court being fully advised in the premises doth order, adjudge and decree that the proceedings partition and report of said Commissioners be and the same are hereby approved and confirmed and that the said partition be firm and affectual forever and binding upon all the parties to these preceedings and their heirs and assigns and that the said parties hold in severally, set of and assigned to each, repectively by the said Commissioners and that the title to the shares so set off and assigned by said Commissioners to each of said parties respectively be and the same is hereby vested in the said parties respectively and to their heirs and assigns forever according to said assignment. It is further ordered that the report of said Commissioners be spread at large upon the records of the Court.
And it is further ordered that the costs and expenses of this proceeding be paid by the parties therto on the following proportions, to wit, that the said plaintiff pay one third thereof, and that the said
pg 383) defendants each pay one third thereof and in default thereof that a fee bill or execution issue therefore in thirty days, as in judgements at law for the sale of the lands partitioned as aforesaid to pay off and satisfy said costs.
Nathan BURKHEAD vs Eliza BURKHEAD - Complaint in Equity
Now on this day comes said plaintiff and also comes said defendant by their respective solicitors and upon motion and by consent it is by the court ordered that this cause stand continued until next term hereof with leave to both parties to amend.
John F. HAILE vs W.B. YOUNG, admr of W.C. McCUNE's estate et al - Complaint in Equity
Now on this day comes Frank THACH guardian ad litem for J.B. McCUNE and May McCUNE minor defendants in this cause and files his report herein.
C.R. CAMPBELL vs W.B. YOUNG Admr of estate of W.C. McCUNE et al - Complaint in Equity
Now on this day comes Frank THACH guardian ad litem for J.B. McCUNE and May McCUNE minor defendants in this cause and files his report herein.

Notes:
1. fee simple - Without limitation as to heirs and unrestricted as to transfer of ownership - a fee that is alienable as by deed, will or intestacy and of potentially indefinte duration.
2. guardian ad litem - a guardian appointed by a Court to represent in a particular lawsuit the interests of the minor, a person not yet born, or a person judged incompetent.


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