Wm Johnson & R. W. Bradley
vs.
Heirs of Benj. Johnson, 1869

Transcribed from TSL&A Microfilm Roll  #27
Sumner County Chancery Court Minutes, Vol:  Mar 1867 - Mar 1875

Transcribed by Jan J. Barnes
©2002

(This film skips a year, from the end of March 1868 to February 1869.)

March Term, 1869

Page 537

Wm. Johnson & R. W. Bradley Admins. vs. J. M. Johnson Et als
In this cause it appears to the Court that process has been regularly served upon Defts. J. M. Johnson, Mary Bradley, Franklin Johnson, Susan Garrison, Hampton Garrison, J. R. Johnson, J. S. Johnson & A. N. Johnson & they having failed to appear plead answer or demur to Complts bill;  It is therefore ordered by the Court that the same be taken for confessed & set for hearing exparte as to them.

Page 161

September Term, 1869
In this cause, it appeared to the Court that the defendants, Nancy Johnson, Dora Johnson and Nettie Johnson are minors without Guardian and that they have been regularly served with process.  It is therefore ordered by the Court that James W. Blackmore be appointed Guardian ad litem & Solicitor for said minor defendants, he appearing in open court and accepting the same.

Page 209

March Term 1870
William Johnson & R. W. Bradley Admis. vs. A. N. Johnson et als
In this cause a reference is made to the Master who will take proof and report the amount of the indebtedness of the estate of Benjamin Johnson decd what amount if any of the personal property is liable for the payments of said debts, and if it be necessary to sell any portion of said lands to pay the debts of the Testator and whether it is practicable to make partition of said lands among the Legatees, if not whether it would be for the interest of the parties to sell the same for partition.  He will report to the present term of the court.

Page 221

March Term, 1870
Wm. Johnson & R. W. Bradley Admis. vs. J. M. Johnson et als.  This cause was

Page 222

heard before Chancellor Smith upon the bill, answers pro confessor, proof, & report of the C&M which is as follows:
In this I would respectfully show that the debts against the estate of Benjamin Johnson Dec'd amount to over $1000.00.  The personal assets amount to about $180.00 leaving outstanding a bal. of $820.00.
From which it is seen that a sale of the real estate is absolutely necessary to pay said amount.  I would also report there are some 8 or 9 heirs in said real estate & the proof shows that same is entirely incapable of division in kind.
From all of which I would report a sale is absolutely necessary, besides being manifestly to the interest of all parties.  The proof shows that said land is worth $10 per acre on the usual terms.
Respectfully submitted March 26th 1870.
J. R. Barry C&M
which being unexcepted to & considered by the court is in all things confirmed.  And it appearing t the Court that Benj. Johnson died in the month of May 1868, after having made his will which was admitted to probate by the County Court at its July Term 1868, the executor named in said will having renounced, the Complts. were regularly appointed & qualified as administrators with the will annexed.  That the Testator gave to his wife a portion of his "house tract" & the Defts. the balance of the house tract & what is known as the McAdams Tract containing in all about 379 acres, charged with the payment of his debts.  That after exhausting the personalty there remains unpaid about $820 of the intestate's debts to pay which it is necessary to sell a portion of said land, that it is impracticable to make partition of said land among the Legatees without injuring their rights & that it is manifestly for the interest of both adults & minors that the same be sold for partition.
It is therefore ordered & decreed by the Court that said land be subdivided into three tracts as designated in O. P. Butlers survey & sold for the payment of said debts, dividing among the Legatees in interest of the said Johnson.
The Clerk of this Court is appointed Commissioner to make and sale, who after giving 20 days notice by printed handbills will sell said lands as above indicated at public auction to the highest bidder one fourth cash & the balance on a credit of one & two years with interest from date taking bond & approved security & retaining a lien.  Said lands will not be sold for less than $10 per acre.  He will report to the next Term.

Page 325

September Term, 1870
The former order in this cause ordering the sale of the lands mentioned in the pleadings are revived.  And as it appears to the Court that an effort has been made to sell said lands at $10 per acre without effecting a sale it is ordered that the minimum price be reduced to $8 per acre and the Clerk & Master will proceed to Execute said Decree with the above modification.  He will report to the next term of the Court.

Page 490

December Term 1874
Johnson & Bradley Admrs vs. A. N. Johnson et als - Order of Reference
This cause is referred to the Master, who will take proof and report whether or not Benjamin Johnson the father died before his son, John R. Johnson; and if he did, what amount of the share of the said John R. Johnson arising from the sale of the lands in this cause, is going to Emily Johnson, widow of

Page 491

John R. Johnson, in lieu of Dower, in an eight of the nett proceeds of the sale of the land in this cause, and what amount of the same is going to J. W. Spradlin, Adms. of the said John R. Johnson.  We will report to the present term of the Court.
W. S. Munday
Jas. W. Blackmore
Guard. ad litem for minors

December Term, 1874

Page 496
Johnson and Bradley Admrs. vs. The Heirs and Creditors of Benj. Johnson, dec'd  C & M report confirmed
This cause was again heard before Chancellor Smith, upon the previous proceedings and the report of the Master, which is as follows:
Pursuant to an order of reference made in this cause at the present term of the Court, I would report from the proof on file that Benjamin Johnson the Testator and father of John R. Johnson dec'd died in May, 1868, and that the bill in this cause was filed on the 17th day of August 1868, the said John R. Johnson Being made a party defendant to said proceedings.  I also find that the said John R. Johnson died in June, 1869, and that this cause was revived against his Administrator, widow and heirs, by an amended bill filed in this cause on the 18th of August 1869.  I also find from the proof on file that the said John R. Johnson left Emily Johnson his widow, who was at the time of the death of her husband about 30 years of age, and who was then and is now a lady of good health and of ordinary constitution.  I find the amount of the proceeds of the sale of the lands in this cause going to the representation of the said John R. Johnson and in which his widow is entitled to dower to be the sum of $198.40.  I would further report that the value of her dower in said fund absolutely is $20.00 leaving this balance of $178.40 to be paid to the Adms. J. W. Spradlin.
All of which is respectfully submitted, December 24th 1874.
J. R. Barry Clerk and Master
which being unexcepted to and understood by the Court is in all things confirmed.  It is therefore ordered by the Court that the Clerk and Master pay over the funds in his hands belonging to the representatives of John R. Johnson, arising from the sale of the land sold in this cause as follows viz:  To Emily Johnson, widow of John R. Johnson, in lieu of her Dower in the above fund, the sum of Twenty dollars.  To John W. Spradlin Administrator of John R. Johnson, the sum of one hundred and seventy eight dollars and forty cents to be used in the due course of his administration.  The said J. W. Spradlin will pay the costs of this proceeding out of the funds in his hands as Administrator of the said John R. Johnson.

August, 1869 is not found in this roll of film.  From the Loose Records, Lawsuit #12411 - the following excerpt:

To the Hon. C. G. Smith, Chancellor for the Term - the Division of the State of Tennessee, presiding at Gallatin for Sumner County.
The amended bill of Wm. Johnson and R. W. Bradley Adms. with the will annexed of Benj. Johnson filed in the Chancery Court at Gallatin against J. W. Spradlin Adm. of Jno R. Johnson, Emily Johnson and Nancy Johnson, Dora Johnson and Nettie Johnson the three last of whom are minors without guardian.
Compts would show your Honor that they on the 17th day of August 1868 filed their original bill in the Honorable Court against A. N. Johnson and other children and heirs of Benj. Johnson dec'd.  The object of said original bill is to subject the real estate of the Testator to the payment of his debts and for this purpose and to effect a partition of the same among the heirs, seeking a decree for the sale of said land.  Said bill is ____ to and all the allegations therein made are here again repeated, in regard to the necessity of selling said land for the payment of the Testators debts and making partition of the same between his heirs.
Compts would further show your Honor that since filing said original bill one of the defendants and children of the Testator viz, Jno. R. Johnson has departed this life intestate, leaving the defendant, Emily Johnson, his widow and Nancy Johnson, Dora Johnson and Nettie Johnson his children, his sold distributees and heirs at law.  The defendant J. W. Spradlin has been respectively administrator upon the estate of the said Jno. R. Johnson.  The three children of the intestate are all minors without guardian.
Compts would further show Your Honor that there are only about 300 acres of said lands and eight heirs of the Testator and independent of ___ ____ that it is necessary to sell a part of the land, to pay debts, it is wholly impracticable to make partition of same without injury to the interest of the parties.  That one eighth of the land descends to the children of Jno. R. Johnson, subject however in the first place to the payment of the debt of the said Benj. Johnson and in the second place to the Dower of their mother, the deft. Emily Johnson.  Compts. charge that it is manifestly for the interest of all the parties that the whole tract be sold in a body - that the debts of the Testator be paid out of the proceeds and the remainder divided into eight parts, giving to the defendant, Emily Johnson, absolutely, such amount out of one eighth of the same as would be equal in value to her dower in said land and dividing the balance equally between her children the defts. Nancy, Dora, and Nettie Johnson.
 

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