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.