McMinn County, TN
Chancery Court
p. 416-417
Wednesday 17 August 1859.
(Contributed by Janelle Swearingen, many thanks!)
Marshall T. Callaway vs. Robert D. Ross, William McKenzie and Henry Rice. Be it remembered that this cause came on to be heard before Chancellor Van Dyke on the 17th day of August 1859 presiding and holding the Chancery Court at Athens Tennessee upon Bill Exhibits & Answers of all the defendants, and because it appears to the court from the Bill Exhibit & Answer that upon the 17th day of October 1856 Robert D. Ross sold to the complainant Marshall T. Callaway a certain tract or parcel of land in the county of McMinn in the state of Tennessee being a part of the tract known as Major John Walkers Mill Reservation containing seventy acres more or less bounded as follows, to wit: beginning at a Chestnut Oak south east corner of the tract known as John Walker Seniors Reservation at Calhoun running west 76 poles to a Red Oak and a beach upon the bank of Hiwassee River, thence down said river as it meanders 94 poles to a track and water Birch on the Bank of said river, thence north 40 poles to a stake and pointers, thence east 160 poles to a black oak & post Oak on the East line of said John Walker Senior Reservation at Calhoun thence South with said line to the place of beginning for the consideration that complainant Callaway & his security McElrath executed their two notes one for seven hundred and thirty three dollars & thirty three cents due at 12 months from the date of said Bond with interest from date which note with its interest has been paid by Callaway to said Ross, & the other note was for three hundred sixty six dollars and sixty six 2/3 cents which note remains due and with its interest up to this date amounts in all to the sum of four hundred and twenty nine dollars, said Ross then and there executed his title bond to make title when said land should be paid for stipulating and retaining by the face of said bond his vendor lien and because it further appears by bill, answer and exhibit that said Callaway on the 27th day of September 1857 sold said tract of land to William McKinsey for the sum of One thousand dollars and took his Bill single there for due twelve months after date bearing interest form date which said note with its interest remains due and unpaid & amounting to the sum of Eleven hundred and thirteen dollars and sixteen cents and executed said Bond to said McKinsey with said lien retained on said land for said purchase money. And because it further appears by said bill Exhibits and answers that said McKinsey swapped said tract of land to Henry Rice for another tract of land on the 7th day of October 1857 endorsed said Bond to said Henry Rice who took said Bond with a full knowledge of said lien being retained on said lands and therefore was not an innocent purchaser. It is therefore considered by the court that the complainant Marshall T. Callaway recover of defendant William McKinsey the said sum of Eleven hundred and thirteen dollars & sixteen cents, and the same is a lien upon said land, and when paid into office by sale of said land or otherwise the above named debt of four hundred and twenty nine dollars and accruing interest from the date due to said Robert D. Ross is to be first paid, It is therefore considered by the Court that said William McKinsey within four months from this date, pay into the office of the Master of this Court the said sum of Eleven hundred and thirteen dollars & sixteen cents, and in default there of the Master will after giving the notice required by law proceed to sell said land upon the premises for the satisfaction of the same, and upon the motion of Complts solicitor said land is sold upon six months credit barring the rights of redemption the masters taking bond with good security retaining a lien upon said land, that out of the first money that comes into the office by sale or otherwise the debt above adjudged to Ross be first paid him by himself or attorney, deposition with the Master Callaways note or bill single to be canceled, the remainder of said eleven hundred and thirteen dollars and sixteen cents will be paid to said complainant Callaway. The question of costs or who shall pay it is not adjudged and leave is given to each party to take testimony of fact touching the rights to assess costs.