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LAND DEED
Grantor: M. R. Henley (guardian)
Grantee: Hobart Ames et al. Source: Fayette County Tn Deed Book 36, pg. 275 Date: 14 November 1910 Notes: 427 acres / $6,000 Minutes Chancery Court, November Term, 14th day of November 1910. Be it
remembered, that at a term of the Chancery Court, begun and held at the Court House
in the town of Somerville, Tennessee, on second Monday, November 1910 it being the
regular time for holding said Court, there was present and presiding Hon. Colin P.
McKinney, Chancellor, etc. M. L. Farris, Sheriff of Fayette County Tenn. And W. M.
Mayo. Clerk and Master of said Court, when the following proceedings were had, to-wit
M. R. HENLEY, GUARDIAN ETC.
VS. Final Decree
HOBART AMES ET AL
Be it remembered that this cause came on this day to be and was heard before the
Hon. Colin P. McKinney, Chancellor, upon the original Bill filed by M. R. Henley,
Guardian, the respective answeres of Hobart Ames, and of the minor defendants Van
Henley, Grace Henley and Lillian Henley who have answered by their Guardian ad
litem, and solicitor, Chas. A. Stainback who was appointed by the Court to represent
their interest in this cause; the report of the Clerk & Master made and filed pursuant to
the order of reference made and entered in this cause at the last term of Court; the
proof taken and filed, and upon the entire record in the cause; from all of which it
appears to the satisfaction of the Court that the said M. R. Henley is the regular
guardian of the minor defendants Van Henley, Grace Henley and Lillian Henley and
that as such Guardian of said minor defendants he on the 25th day of March 1910
contracted with the defendant Hobart Ames to sell him the three tracts of land
mentioned in said contract, which is filed as exhibit "A" to the original Bill, and also
described in the Bill, subject to the ratification and approval of the Chancery Court of
Fayette Co. Tenn. For the sum of Six Thousand Dollars: That thereupon the said
Guardian filed the bill in this cause making his said wards and the said Hobart Ames
parties defendant, and asking the Court to ratify and confirm said sale and divest title
accordingly it being alleged that said sale was to manifest interest of said minor
defendants for reasons specifically set forth at length in the bill, and that the funds
arising from such sale could be otherwise invested to the manifest interest and
advantage of said minors. And it appearing to the satisfaction of the Court that the said
Van Henley, Grace Henley and Lillian Henley are the owners as tenants in common
of the following described lands laying and being in the 15th Civil Dist. of Fayette
County, Tennessee, and more particularly bounded and described as follows: to wit:
Tract No. 1: Commonly known as the Baw tract bounded on the North by the
homestead and dower tract of Mrs. Sallie Harris; on the East by the lands of Hobart
Ames; formerly known as the Bob Jones tract; on the South by the Goode tract
described below as tract No. 2 owned by said minors; and on the West by Green
Walker lands, containing by estimation 52 acres, be the same more or less.
Tract No. 2: Commonly known as the Goode tract, bounded on the North by the Baw
tract above described; on the East by the Bob Jones tract now owned by Hobart
Ames; on the South by the Newsome tract described below as tract No. 3, now owned
by said minors and M. R. Henley, and on the West by the lands of Green Walker,
containing by estimation One Hundred and Fifty Two acres be the same more or less.
Tract No. 3: Commonly known as the Newsome tract bounded on the North by the
Goode tract described above; on the East by the lands of Hobart Ames formerly known
as the Bob Jones tract; on the South by the lands of J. A. McNeill; and on the West by
the lands of Ames and Green Walker, containing by estimation two Hundred and
twenty Three acres be the same more or less.
All three of said tracts of land being set forth in the Bill and in exhibit “A” there to; the
interest of said minors in the Baw and Goode tract above described being the absolute
and sole ownership, of the fee simple title to said tracts as tenants in common, each of
said minors owning an undivided one third interest in said two tracts of land. And the
interest of said minors in the Newsome tract above described being that of equal
owners as tenants in common of an undivided one-half interest and the fee simple title
to said Newsome tract, the other one-half interest from Mrs. Sallie Harris. And it
further appearing to the satisfaction to the Court that it is to the manifest interest and
advantage of said minor defendants that the sale of their interest in all of said three
tracts of land to Hobart Ames at the price of Six Thousand Dollars as contracted to be
made by their Guardian as alleged in the Bill and shown by exhibit “A”, to be ratified and
confirmed, and the said Hobart Ames has heretofore paid the said Guardian the sum of
One Hundred Dollars of said purchase price, which said sum was by the said Guardian
paid into the hands of the Clerk and Master of this Court, and that the said Hobart
Ames has this day by his solicitor W. G. Timberlake paid into the hands of the Clerk &
Master of this Court the sum of Five Thousand Nine Hundred Dollars being the balance
called for in said contract of sale. The Clerk and Master in open Court acknowledging
the receipt by him of the said sum of Six Thousand Dollars paid to him in this cause as
aforesaid by the said Hobart Ames. It is therefore ordered, adjudged and decreed by
the Court that all the rights, title, interest and estate of the minor defendants Van
Henley, Grace Henley and Lillian Henley in and to the three tracts of land
hereinbefore described be divested out of them and each of them and vested in the
defendant Hobart Ames his heirs and assigns forever.
And it further appearing to the Court from the contract of sale exhibit “A” to the Bill, that
the possession to said realty was not to be acquired by said Hobart Ames until January
1, 1911. It is accordingly ordered by the Court that no writ of possession will issue to put
said Ames of possession of said lands until date; but should it be necessary on the 1st
day of Jany. 1911 that a writ of possession issue to give to said Ames peaceable
possession of said realty the Clerk & Master will upon application therefore by the said
Ames or his solicitor issue such writ of possession. And it further appearing to the
Court that there is an encumbrance on said realty hereinabove vested in said Ames, on
account of taxes for State and County, purposes for the year 1910. And that under the
contract of sale, pleading and proof the said Ames was not to be liable for any cost in
this proceeding, and for the consideration aforesaid of Six Thousand Dollars he was to
be given the free and unencumbered title and interest of said minors in the realty
aforesaid, It is therefore ordered by the Court that the Clerk and Master will out of the
said sum of Six Thousand Dollars paid into the treasury of the said Court by the said
Ames, First pay off and satisfy the taxes now due on and unpaid on said land and
secondly he will pay all the cost of this cause including a fee of Fifty Dollars to Charles
A. Stainback, which the Court is pleased to allow him as compensation for his services
rendered in this cause as Guardian ad litem and solicitor for said minor defendants.
It is further ordered by the Court that the Clerk and Master furnish to Hobart Ames a
certified copy of this decree for registration as muniment or title.
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And thereupon Court adjourned until the next regular term.
Colin P. McKinney.
Chancellor.