filename court1880devault.txt Contributed by Joanne Baucum ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ [Note: This is a series of entries for the same case.] McNairy County, Tennessee Chancery Court, p. 303 Saturday, 10 April 1880 THOMAS E. DEVAULT vs. W. T. LILLY et al N. C. RIGGS vs. W. T. LILLY et al [Case] Numbers 376 & 417 This cause coming on to be heard before Honorable George H. Nixon, Chancellor, upon motion of the said causes numbers 376 & 417 are consolidated and ordered to be heard together. ---------------------------------------------------------------------- -McNairy County, Tennessee Chancery Court, pp. 303-4 Saturday, 10 April 1880 THOMAS E. DEVAULT vs. W. T. LILLY et al N. C. RIGGS vs. W. T. LILLY et al Consolidated [Case] Numbers 376 & 417 Be it remembered that this cause came on to be heard on the 10th day of April 1880 before the Honorable George H. Nixon, Chancellor, upon Bill answere former orders in the cause and proof. And it appearing to the Court that W. T. LILLY, executor of T. H. LILLY, deceased. W. T. LILLY, JOHN LILLY, DAVID HARRIS and wife ELIZABETH, FREEMAN WOLVERTON and wife NANCY L., ALEMENIA J. LILLY, and SARAH LILLY, heirs at law and legatees of said T. H. LILLY, deceased, are indebted to said THOMAS E. DEVAULT, guardian of MARTHA S. REILLY $567.50 debt and the further sum of $138.00 interest thereon to this day making in the aggregate the sum of $705.00. It is therefore ordered, adjudged, and decreed by the Court that the complainant recover of said defendant said sum. And it further appearing that said defendants are indebted to N. C. RIGGS, assignee of ANDREW MCKENZIE in the sum of $608.75, balance of debt and interest to this day. It is further ordered, adjudged and decreed by the Court that said N. C. RIGGS recover of said defendants said sum of $608.75. And it further appearing that the lands mentioned and described in the pleading are liable to the satisfaction of said Judgment and Costs. It is further ordered, adjudged, and decreed by the Court by the Consent that said lands described in the pleadings be sold by the Clerk and Master of this Court after giving notice in writing, for thirty days in ..... public places one of which shall be in the Civil District where the land lies and one at the Court house door in the town of Purdy on a credit of twelve months, taking notes with good and approved security, bearing interest from date, unless the said judgments are paid into the office of the Clerk and Master in 60 days after the adjournment of this Court. And that the Clerk and Master report tothe next term of this Court. All matters not hereby disposed of are reserved, etc. ---------------------------------------------------------------------- -McNairy County, Tennessee Chancery Court, pp. 335 Thursday, 7 October 1880 THOMAS E. DEVAULT vs. W. T. LILLY et al N. C. RIGGS vs. W. T. LILLY et al Consolidated Causes 376 & 417 In the Chancery Court at Purdy, Be it remembered that these causes came on to be heard before Chancellor Nixon on the 7th day of October 1880, when the death of N. C. RIGGS was suggested and admitted. And it appearing to the Court that R. B. RIGGS and S. L. WARREN have been duly appointed administrators of the estate of N. C. RIGGS. It is therefore ordered, adjudged, and decreed by the Court that this cause be revived in the name of said administrators. ---------------------------------------------------------------------- -McNairy County, Tennessee Chancery Court, pp. 335-7 Thursday, 7 October 1880 THOMAS E. DEVAULT vs. W. T. LILLY et al N. C. RIGGS vs. W. T. LILLY et al Consolidated Causes 376 & 417 In the Chancery Court at Purdy, October term 1880, be it remembered that the Chancellor Nixon, when holding court at Purdy for McNairy County on the 7th day of October 1880, upon the report of the Clerk and master of the sale of the land which report being seen and understood by the Court and there being no exceptions thereto, the same is in all things confirmed and is in the words and figures following: THOMAS E. DEVAULT vs. W. T. LILLY et al and N. C. RIGGS vs. W T. LILLY et al In this cause, I would most respectfully report that after having advertised by printed hand-bills as directed in the decree, I offered at Public Sale at the Court house door in the town of Purdy, on the 18th day of September 1880, the lands described in the pleadings on a credit of twelve months, when R. B. RIGGS and S. L. WARREN, administrators of the estate of N. C. RIGGS, deceased, bid the sum of one thousand four hundred and sixty nine and 35/100 dollars ($1469.35) and that being the best and highest bid offered, they became the purchases at that price. Paid Cash (cost of both causes) $89.65 And executed thier note due September 18th 1881 for ....... from date with J. D. L. WHITAKER as security therein. A lien retained for payment of the purchase money. $1379.70 [Total] $1469.35 All of which is respectfully submitted. September 20, 1880. Robert E. McKinney, Clerk and Master And it further appearing to the satisfaction of the Court that R. B. RIGGS and S. L. WARREN, administrator of the estate of N. C. RIGGS, deceased, became the purchasers of the lands described in the pleadings. At the price of ($149.35), that they paid cash $89.65, out of both cases, and executed their notes with security for ($1379.70), due September 18th, 1881, with 6% interest from date. And it appearing to the satisfaction of the Court that R. B. RIGGS and S. L. WARREN, administrators of the estate of N. C. RIGGS, deceased, fully satisfied the judgment, interest and cost incidental to the cause of T. E. DEVAULT, guardian etc vs. W. T. Lilly et al. And that he transferred the same to said R. B. RIGGS and S. L. WARREN, administrators as aforesaid on the first day of October 1880 for value received by which they became the beneficiaries and owners of both judgments. It is therefore ordered, adjudged, and decreed by the Court that all the right title, claim, and interest that WM. L. LILLY, JOHN LILLY, DAVID HARRIS and wife ELIZABETH, FREEMAN WOLVERTON and wife NANCY, and ALVINA LILLY, the widow of T. H. LILLY, and SARAH LILLY, a minor, have in and to the following described lands (viz): Lying and being in the State of Tennesse, McNairy County, on the waters of Lick Creek, 11th Civil District of said County, and bounded as follows on the north by THOMAS H. LILLY, on the south by W. T. LILLY, on the East, by THOMAS H. LILLY, and on the west by JOHN C. LANDRETH, and known as the HENRY WHITE tract of land and part of the JOHN N. HALE tract and which was lived on as the property of THOMAS H. LILLY by JAMES A. MCKENZIE, deputy sheriff on the 10th day of January 1874, be divested out of them and vested in the purchasers, R. B. RIGGS and S. L. WARREN, administrators of N. C. RIGGS, deceased. And it is further ordered, adjudged, and decreed by the Court that the Clerk and Master of the Court make a deed to the purchasers upon their paying the expenses of the same, And it further appearing to the Court that the note executed by the purchasers of the land for the purchase money has been satisfied, so for as the interest of T. E. DEVAULT, guardian etc is considered, and that the balance of the note properly belongs to the administration of N. C. RIGGS, deceased. It is therefore ordred, adjudged, and ecreed by the Court that the Clerk and Master cancel and deliver up to R. B. RIGGS and S. L. WARREN, administrators as aforesaid, said note, And it is further ordered by the Court that this cause be retired from the docket.