Roane County, TN Chancery Court Minutes
To the Honorable B. Reese Chancellor & C
Your orator William C. Kington and Rhody his wife, David Summer and Charlotte his wife Citizens of the County of Morgan and State of Tennessee, Matthew Williams and July his wife Citizens of the County of Rhea and State aforesaid, Isaac England and Rebecca his wife citizens of the County McCooperand, State of Illinois, heirs of Martin Rector deceased formerly a Citizen of the county of Morgan and State aforesaid. Complaining showeth unto your Honor that the said Martin Rector on the 11th day of July 1830, made and executed to a certain David M. Rector his son & then a minor a Deed of conveyance four several tracts of land lying in the County of Morgan and State of Tennessee containing seventy-four acres more or less purporting to be in consideration of two hundred Dollars all of which will more fully appear references being heard? its said Deed, a copy of which is hereunto annexed exhibit A and which your orators pray may be made a part of this their Bill, that on the same day and year before mentioned the said Martin Rector executed the to the said David M. Rector and Polly Rector his daughter, likewise a minor a Bill of sale for a negro Boy named Bob and a negro woman named Lucinda, with all his household and kitchen furniture, together with his stock of cattle, hogs, horses and sheep and set of Blacksmith tools, one waggon and four pieces of geer with all his farming utensils of every and pieces of geer with all his farming utensils of every kind, all his corn fodder & all of which will more fully appear reference being had to said Bill of sale a copy of which is hereunto annexed marked B which your orators prays may be made a part of this their Bill of Complaint. Your orators represent to your Honor that at the time the said Deed of Conveyance was made for the several tracts of land before mentioned that the said David M. Rector paid no consideration for said lands, nor did the said David M. and Polly Rector pay any consideration for any portion of the personal property set forth in said Bill of Sale but that the said Martin Rector had before that time to wit, on the ____ of day of 183_ together with ____ became security for a certain John H. Kington to the Bank of the State of Tennessee for the sum of ____ dollars, which note had become due and unpaid owing to the negligence or some other cause of said Kington the principle in paid note, it was not knowed and the said Martin had become responsible for the amount of the said debt, Kington being unable to pay the debt amount and believing that there had been some fraud or mismanagement on the part of the said John Hand, the other security and to save his property from being immediately sacrificed for the payment of said bank debt he executed said Deed exhibit A to his son David M. and said Bill of sale exhibit B to said David M. and Polly Rector stating at the time of the execution of said Deed and Bill that he did not intend that they should hold the property thus conveyed, but that the conveyance was made for the purpose before mentioned, and that as soon as he could get the Bank debt settled he wished to have said Deed and Bill of sale cancelled, that he did not intend by executing said Deed and Bill of sale to exclude the balance of his children from enjoying an equal portion of the property which he might have at his death with them, all of which they will understood and agreed to:
Your orators Represent your Honor that after the execution of said Deed and Bill of sale that Martin Rector executed his own note and give security to the Bank of the State of Tennessee for the balance due on the note first given by John H. Kington and said Martin and ____ the greater part of which was paid either by this said Kington on the said Martin in the lifetime of said Martin, that on the 11th day of March 1832 Said Martin departed this life without will, that a few days before his death he called on his son David M. and Polly to produce the Deed and Bill of sale that they might be cancelled, stating that he was then unable to raise from his bed and that he did not believe he would live long; and that he wished all his children to have an equal portion of what he might leave after paying his just debts, they promised to produce the said Deed, but David M. after making the promise left home and did not return until he was sent for to see his Father die which took place in a few hours after his return, but he did not produce the Deed nor Bill of sale, and if he had his father was incapable at that time of transacting any kind of business. Now so it is may is please your Honor that the said David M. and Polly both combined together and confederated with a certain Sarah Rector who is the widow of the said Martin Rector deceased & who pretends to say that she has a joint interest with said Defendants for the purpose of supporting her, her lifetime and a certain Richard Oliver, who a short time since administered on said eState and other persons unknown to your orator, which when discovered your orators prays may be made parties to this their Bill with fit words to charge them & how to injure your orators in the promise and to deprive and defeat your orators from recovering any portion of the eState of the said Martin Rector deceased, as it was his intention they should receive, at times pretend to say that they paid to the said Martin a full and fair consideration for all the lands and property by him conveyed and at other times they say that it was in consideration of the debt that was due to the Bank which they have paid and that Martin Rector never intended that your orators should have any portion of the eState, that he might leave at the time of his death, but that his object was to convey all his property to them and exclude the balance of his children, at other times they admit that no consideration was paid for said lands and other property and that it is true that the said Martin executed said Deed and Bill of sale for the purposes as Stated by your orators and that they will know the object of said Deed and Bill yet that said Martin had died and that the Deed and Bill has been recorded and that they have now got an absolute title, and that your orators can have no claim against them - all of which acting and doing are contrary to equity and good conscience - the tender consideration whereof and in as much as your orator can obtain no relief in the promises except in a court of equity where matters of this nature is properly cognizable. To the end therefore that the said David M. Rector, Polly Rector, and Sarah Rector citizens in the County of Morgan and Richard Oliver Administrator in the County of Morgan and their confederates when deceived may true and sufficient answer make to all and singular the promises and that as clearly and fully as if this time was here repeated and interrogated and more especially whether or not the Deed and Bill of sale exhibited by your orator was not executed for the purpose we set forth by your orators whether they paid any consideration for the land and property contained in said Deed and Bill of sale; whether or not the said Martin Rector did not at the time of making the Deed and Bill of sale explicitly State that he did not intend that the balance of his children should be excluded from a portion of his eState at his death; whether or not said Martin Rector did not after the execution of said Deed and Bill of sale give his own note for said Bank debt and what portion of said debt has been paid, and by whom: whether or not did the said Martin Rector a short time before his death call on said Polly and David to produce the Deed and Bill of sale that they might be cancelled. Likewise what money was in the possession of the said Martin at the time of his death, what was done or owing to him, what money or property has come into their hands since the time of his death, that was not contained in said Bill of sale in order that his Honorable Court may deem that said Deed and Bill of sale may be cancelled and made void that the said David M. Rector may be made account for the rents and profits of said several tracts of land from the death of the said Martin, that the said David M. and Polly be made account for the hire of said negro Boy Bob and negro woman Lucinda, that they may made account for all the property contained in said Bill for sale and that the said Sarah Rector and Richard Oliver be made account for the money and property that have come to their hands since the death of the said Martin Rector, that the Honorable Court Decree that your orators have their portions of said real and personal estate of said Martin Rector after the payment of his just debts and such other and further relief as may be right ---
James M. Campbell --- Sol.
This indenture made this 19th day of July in the year of our Lord eighteen hundred and thirty between Martin Rector of the County of Morgan and State of Tennessee of the one part and David M. Rector of the County and State aforesaid of the other part. Winesseth that the said Martin Rector for and in consideration sold for land in consideration of the sum of Two hundred Dollars to him in hand paid the receipt whereof is hereby acknowledged hath and by these presents doth bargain and sell and confere unto the said David M. Rector his heirs and assigns forever four several tracts or parcels of land containing seventy three acres, be the same more or less, lying, and being in the County of Morgan aforesaid, bounded as follows, to wit: first of said tracts being the one where the said Martin Rector now lives, on the Indian Fork of Poplar Creek where Piles Turnpike goes through a gap of Walden's Ridge Beginning at a beach at the foot of said Ridge thence North forty five west crossing the creek thirty three poles to a stake, north eighty two west ninety eight poles to a hickory then south fourteen in the road at the foot of a ridge then with the Ridge south fifty-one west fifty-four poles to a stake, East crossing the creek three times eighty poles to a stake and pointers, north sixty East one hundred and sixty three and a half poles along near the foot of the ridge to the beginning containing forty acres.
The second of said tracts or parcells of land beginning on the water of Poplar Creek on the West side of a 40 acre survey of Thomas Butler on Piles Turnpike road) on a White Oak on the South side of said road, then north 49 East forty poles to a Black Oak then north twenty nine west twenty poles to a White Oak, then north seventy west sixty poles to a dogwood then south fifty west forty poles to a stake, then south sixty east seventy seven poles to the beginning containing twenty acres -
The third said tracts or parcells of land being on the West fork of the Indian fork of Poplar Creek, Beginning on Butler's beginning a large poplar near a large beach on the south side of said Creek, thence North forty one west ten poles crossing the creek, thence the course continued along Butler's line in the whole thirty seven poles crossing said road to a white oak thence, along the side of said Ridge which is a natural boundary north Eighty two east fifty-two poles to two dogwood, thence south forty one East six poles crossing the road and creek continuing on the course in all twenty five poles to a stake on the side of the east of the and of said ridge a natural boundary, thence along said boundary to the beginning Eight acres -
The fourth of said tracts or parcells of land lying on the waters of poplar. Beginning on a white oak on a line of a forty acre survey thence with the foot of the ridge north twenty three west forty four poles to a white oak and dogwood thence south sixty seven in twenty poles crossing the creek to a beach and sugar tree, thence south twenty three East thirty four poles to a stake on a line of the said forty acre survey East twenty two poles with it to the beginning, containing five acres with all and singular, the woods water courses, profits, commodities, herditaments, and appertainenances in anywise whatsoever to the several tracts or parcells and all estate, rights, title, interest, property, claim and demand of him the said Martin Rector, his heirs and assigns forever of in and to the same and every part and parcell thereof either in law or equity. To have and hold unto the said David M. Rector, his heirs & assigns the aforesaid tracts of land against the lawful claim or demand of all and every person or persons whatsoever the said Martin Rector will forever warrant & defend by these presents - In testimony whereof I have here unto set my and & seal the day and year first above written.
his mark (seal)
Signed, sealed and delivered in the presence of James Jones & Alford
State of Tennessee
Morgan County }
County Court July Session 1830
This was the execution fo the within Deed of Conveyance duly acknowledged in upon Court by Martin Rector, the grantor, therein named and addmitted to record State begin paid to me - Let it be registerd - Given under my hand & private seal (seal not having any official seal) at office this 24th day of July A. D. 1830.
Elijah Lowder Clerk
By his Duty Live ???
State of Tennessee
The forgoing deed of conveyance and certificate thereon is registered in the Registrar's Office for the said County in Book C, Page 34 & 5 July the 24th 1830
D. S. Lowder (Register for Morgan Cty)
I certify the foregoing is a true copy of the record in my office February 20, 1833
Know all men by these presents that I Martin Rector of the County of Morgan and State of Tennessee for and in consideration of the sum of one thousand dollars to me in hand paid by David M. Rector and Polly Rector of the County and State aforesaid the receipt whereof I the said Martin Rector do hereby acknowledge, have granted, bargained and sold and by these presents do grant bargain & sell unto David M. Rector and Polly Rector, their executors, administrators and assigns all the goods, household stuff, implements & furniture herein after mentioned, that is to say. One Negro Boy named Bob, one negro woman named Lucinda, thirty head of Cattle, 9 head of sheep, 15 head of hogs, 4 head of horses, 9 feather beds & furniture, 9 bed steads, 3 tables, one set of Blacksmith tools, one cupboard with all its furniture, our chest, all my kitchen furniture, our clock, 18 chairs, two pari of dog irons, one pari of tongs, two shovels, one crib of corn, seven stacks of fodder, one waggon, four pair of gears together with all my farming utensils by what name sower called jointly. To have and to hold all and singular the household stuff and furniture, implements and goods and other premises above bargained & sold or mentioned or intended so to be the said David M. Rector & Polly Rector their executors administrations and assigns forever. And I, the said Martin Rector for myself, my heirs, executors, administrators, and against all and every other person or persons whomsoever shall and will warrant and forever defend by these presents - In testimony whereof I have hereunto set my hand and said this 19th day of July A. D. 1830.
his mark (seal)
Signed, sealed and delivered in presence of James Jones, Alford
State of Tennessee
County Court July ???? 1830
Then was the execution of the within Bill of sale duly acknowledged in open Court by Martin Rector, the seller, therein named and admitted to records and ordered to be certified for Registration - Given under my hand and private seal (not having any offical seal) at office this 24th day of July A. D. 1830.
Elijah Lowder, Clerk
By his Duty Levi Trentwith
State of Tennessee
I certifiy the foregoing to be a true copy of the records in my office Feb 20, 1833.
D. S Lawden ???
And on the 9th day of December 1833 the following ???? was filed in this court to wit:
William C. Kington & others
David M. Rector & others}
The respondents, by protestation, not complying with or very of the matters in this said Bill to be ??? in manner and form as the same and therein contained and set forth for answers, theres demur in law and for camp of ???? say and to the Point show, that is , the said allegation in said Bill contained some terms set forth which they do not admit, the said Bill contains no matter of equity whereon this court can give the complainants the relief prayed for against these Defendants and therefore, and for other good causes of ??? to said will, These respondents demand the judgement of the Honorable Court whether they should be compelled to make any other or further answer ??? and then responents pray to be heard ???? with their costs in this behalf wrongfully sustained -
E. Alexander, Sol
J. M. Campbell, Sol
And as the December Term 1833 the Decree was made in this court to wit:
William C. Kington & others
David M. Rector & others}
Came on this cause this 10th day of Dec 1833 before the Honorable William B. Run, Chancellor & upon Bill and Demur and the same being had? and argument & caused heard thereon, as will for complainants as the Respondants but because it appear to the court that said Bill is without equity - It is therefore ordered and adjudged, that said Demure be sustained that said Bill be demiford?, and that the complainants pay the costs thereof for which execution may issue - From which Judgement of the court the compts, pray an appeal to the next Supreme Court of Errors & Appeals to be held at the court house in Knoxville on the 2nd Monday of July next which is granted on conidtion that the complainants give cause & security for the said appeal with this months from this day to be approved by the Clerk and Master of this Court.