Brassfield, George S. – division of land

Crockett Co., Tennessee
County Court Clerk’s Minutes
Vol. A
Monday, June 3rd A.D. 1872

SOL. W. BRASSIELD
VS
MARTHA D. BRASSFIELD
Et al
Petition to divide Land

In this cause the Bill being sworn to and it appearing to the satisfaction of the Court that JAMES H. & KATY D. NORVILLE are now residents of the State of Tennessee. It is therefore ordered by the Court that publication be made in the Trenton News a Paper published in the Town of Trenton Gibson County Commanding said Non residents to appear before the Clerk and Master of this Court on or before the 1st day of July 1872 and make defense of any they have why the Prayer of the Petitioner shall not be granted or the same will be taken as confessed.

Tuesday, July 2nd A.D. 1872

SOL W. BRASSFIELD
VS
MARTHA D. BRASSFIELD

This case on for hearing and on motion and by order of the Court it was continued till the next term of the Court.

Monday, August 5th A.D. 1872

SOL W. BRASSFIELD
VS
MARTHA D. BRASSFIELD

This cause came on for hearing and by order was continued till the next term of this Court.

Monday, September 2nd A.D. 1872

SOL W. BRASSFIELD VS MARTHA D. BRASSFIELD This cause on for hearing and by order continued till the next term of the Court.

Monday, October the 7th A.D. 1872

S. W. BRASSFIELD
VS
MARTHA D. BRASSFIELD Et al

In County Court Crockett
October term

In this Cause on Motion of Complainants solicitor it appearing to the Court that GEORGE SAMUEL EMMA and ALBERT BRASSFIELD all are minors and defendants in the cause and have no regular Guardian the Court is pleased to appoint W. R. McDOUGALD attorney at the bar Guardian ad litem to defend said suit for said minors.

S. W. BRASSFIELD
VS
MARTHA D. BRASSFIELD Et al

In this cause it appearing to the Court that MARTHA D. BRASSFIELD has been regularly served with subpoena to answer and that JAMES H. NORVILLE and KATIE D. his wife who was formerly KATIE D. BRASSFIELD has been regularly made a party Complainants Bill by publication duly made and that all said parties Namely MARTHA D. BRASSFIELD and JAMES H. NORVILLE and KATIE D. his wife have failed to appear and make defence to said Bill or petition within the time required by Law It is ordered as to them that Complainants Bill taken for Confessed and the Cause set for hearing Ex parte.

Monday, October the 7th A.D. 1872

SOL W. BRASSFIELD
VS
MARTHA D. BRASSFIELD Et al

In the County Court Crockett County October Term

Be it Remembered that this cause came on to be heard before the Worshipful County Court Etc &c; on this the seventh day of October 1872 on the Bill of petition order pro confess answer of minors by their Guardian Ad Litem and proof in the cause and it appearing to the Court that the decendent GEORGE S. BRASSFIELD died siezed and possessed of the Lands discribed in the pleadings to wit Bounded on the west by the Lands of W. W. NANCE (wheir now resides his son MARTIN NANCE) and JOHN L. EPPERSON on the north by the Lands of said EPPERSON and A. BUCK and Children on the East by the Lands of said BUCK and Children and on the South by Lands of said BUCK in all making as your petitioner is clearly satisfied as much as and about Two hundred and fifty acres (250) of Land and it further appearing that the aforesaid Land is all of which said GEORGE S. BRASSFIELD died posessed and that MARTHA D. BRASSFIELD aforesaid one of the defendants is the widow of said Decedent and as such is first entitled a home stead out of said premises recited as by Law allowed her said Husband having died in the early part of 1871 subsequent to the passage or allowance of Homestead and as such widow is entitled a Dower of one third part of said Real Estate remaining after allowance of Homestead to the value of one thousand dollars and it further appearing that complainant SOLOMAN W. BRASSFIELD and defendants KATIE D. NORVILLE, SAMUEL EMMA and ALBERT BRASSFIELD as the Heirs at Law of said GEORGE S. BRASSFIELD deceased are entitled by decent to equal undivided interest of one fifth each and it appearing Complainant SOLOMAN W. BRASSFIELD is over twenty one years old and petitions to have his one fifth Interest in aforesaid Land alloted and set off after reservation of Home stead and dower to which appears she is well entitled the rights of the parties aforesaid are ----? accordingly and it is adjudged and decreed that petition of SOLOMAN W. BRASSFIELD be allowed and his share in said Real Estate be allotted and cut off and the shares of remaining four heirs be left undivided and in comon and the Court accordingly appoint W. V. NANCE and TROY AVERRY in conjunction with WILL A. JOHNSON the County Surveyor of Crockett County to make partition of said Land to the Extent and upon the principals before stated and the Court orders and decrees aforesaid partition to be made both with refference to Quality, Quantity and that all lines run in the Carrying out said dutys of allotment as aforesaid be perpetuated by marked trees or post erected and that said Commissioners make this report the next term of this Court or if by any default not so reported then to a future term &c.;

Monday, November the 4th A.D. 1872

SOLOMAN W. BRASSFIELD
VS
MARTHA D. BRASSFIELD Et al

Be it remembered that this cause came on to be heard before the worshipful County Court of Crockett County this the 4th day of November 1872 on all the pleadings and report of the Commissioners which report is as follows.

The the Worshipful County Court of Crockett County

The undersigned your Commissioners, appointed at the October term of said Court pursuant to the annexed order, to lay off homestead to the value of one thousand dollars to the widow and family of GEORGE S. BRASSFIELD deceased out of the lands owned by the said BRASSFIELD at the time of his death also to lay off and set apart dower Interest to the said widow MRS. BRASSFIELD out of the said Lands of the deceased owned at his death and further to Lay off and set apart to SOLOMAN W. BRASSFIELD his Interest or destributive share in Value the said GEORGE S. BRASSFIELD Real Estate ask to make the following report that they met on the premises and after a confirrence and examination of premises &c; Proceeded to duty as follows to wit

First to lay off and set apart Home stead in said Real Esstate to the value of one thousand dollars taken from the south East corner of tract butted and bounded as follows to wit Beginning at a stake the south East corner of the original tract ALBERT BUCKS north east corner of 100 acres taken from the same tract of land runs north seventy nine poles to a stake near the fence on the north side of the Quincy and Eaton road thence west with said road sixty four poles to a stake south of said road with three Black oaks as pointers thence south seventy nine poles to a stake in the south boundary line said A. BUCKS north boundary line thence East sixty four poles to the beginning Containing by esstimate thirty one and one half acres more or less estimated as before stated at one thousand dollars and set apart as Home stead in said Real esstate of G. S. BRASSFIELD deceased. Reference plat accompanying this report. Second that we surveyed and marked out Dower Interest the one third in Value of said Real Estate after the Home stead Interest to MRS. BRASSFIELD said Widow of G. S. BRASSFIELD decd butted and bounded as follows to wit Beginning at a stake in the west boundany line AL BUCKS north west corner runs east with said BUCKS north boundary line Eighty six (86) poles to a stake the south west corner of Home stead tract thence north with W boundary line of Home stead passing of the north east corner of same one hundred polls to a stake in the field north of the road sassafras and oak pointers thence west Eighty six (86) poles to a stake in the west boundayr line Black oak and white oak hickory pointers then south one hundred poles to the beginning containing by estimate Fifty three and one half acres more or less see plot filed with this report. Third that they laid off and marked the line of the one fifth part in value of the remainder of the said Real Estate of G. S. BRASSFIELD deceased after setting apart said Home stead and Dower to the widow MRS. BRASSFIELD to SOLOMAN W. BRASSFIELD as his share or Interest taken from the north west corner of the tract butted and bounded as follows. Beginning at a stake with a black oak pointer in JOHN EPPERSONS south boundary line runs south Ninety poles crossing the creek to a stake black & white oak and hickory pointers the north west corner of Dower Interest thence East with Dower line (34) thirty four poles to a stake two g—? and sassafras pointers then north (24) twenty four poles to a stake Black oak and Elm pointers thence East Eighteen poles to a stake Hickory and two Maypole pointers thence north (67) sixty seven poles to a Hickory in the north boundary line Sassafras and two dry wood pointers thence west to the beginning Containing by Esstimation Twenty Seven (27) acres more or less and further that they left the remaining four fifths in the north east corner of the tract undivided which is butted and bounded as follows to wit. Beginning at a stake in Elliots Creek near the Bridge AL BUCKS Corner runs west (76) seventy six poles to a stake in the East boundary of Home Stead tract thence nort (16) sixteen poles to a stake north of the Eaton road near the fence thence west with north boundary of Home stead (64) sixty four poles to a stake with three Black oak pointers Thence north with Dower line twenty one (21) poles to a stake in the field sassafras and oak pointers. Thence west with Dower line Fifty two (52) poles to a stake in north boundary of Dower with pointers. The south east corner of S. W. BRASSFIELD lot, thence north, twenty four (24) poles to a stake oak and Elm pointers, Thence Eighteen (18) poles to a stake, Hickory and 2 Maple pointers, Thence north with S. W. BRASSFIELD, sixty seven (67) poles to a Hickory two dogwoods as pointers Thence east Fifty poles to JNO. EPPERSONS corner thence north twenty eight (28) poles to a stake and pointers Thence east Thirty two poles (32) to a Black oak now down. Thence south Twenty two 22 poles to a large white oak Thence east, thirty (30) poles to a stake in said Elliots Creek, thence up said Creek with its meanders to the beginning containing by esstimation one hundred and six (106) acres. See plat accompanying this report. All of which is respectfully submitted after being duly sworn This the 1 day of November 1872.
(signed) W. A. JOHNSON, Surveyor

Commissioners
M. V. NANCE
R. T. S. AVERRY

Which report is unexecpted? to and in all things confirmed by the Court and it is decreed by the Court that all the rights title and interest had in and to so much of the land of the said GEORGE S. BRASSFIELD as was set apart to Complaintant SOLOMAN W. BRASSFIELD be divested out of each and every heir of said GEORGE S. BRASSFIELD and all right or title of MARTHA D. BRASSFIELD as widow to the same be divested out of her and the whole title to all said land allotted and set off to S. W. BRASSFIELD be vested in him. It is further decreed that all Interest & title of said S. W. BRASSFIELD in and to the other real Estate that belongs to the other heirs & is left in common be divested out of him and vested in them. It is decreed further that Complainant and all the defendants pay the cost equally in this Case for which Execution? may Issue.

Transcribed and contributed by Natalie Huntley.