Source:
Gibson County, Tennessee
County Court Minutes
Book “C”, pp. 443-446

(Page 443)

To the Worshipful County Court of Gibson County, Tenn

N.M. Hale, William A. Fly and wife         John J.J. Hale, Martha Umsted
Martha E, Hiram Trout and wife             William Clemments Nonresidents of this
Sarah, Hardy Shelton, Archy Thomas  (VS)   State and William Hale, Mary Hale,   
and wife Mary.                             Sarah Hale and Martha Hale- the last
                                           four of whom are minors, and have no
                                           guardian.

     Your Petitioners would State unto your Worship that Mary Shelton, the Mother and grand-mother of most of them, departed this life in 1865, in Said county, having first made and published her last Will and testament, which was admitted to probate in this worshipful Court and your petitioner, N.M. Hale, appointed Administrator with the Will annexed.  Your Petitioners State that they and the defendants are all the persons interested in Said estate, or that take benefits under said Will.  They further State that the said Mary was the owner of One Hundred Acres of Land, Situated in Gibson County, Tennessee, and that she directed the same to be sold and the proceeds distributed under said Will.  A copy of Said Will will be produced on the hearing of said Cause.
	Premises considered, they pray that the defendants before mentioned be made parties to this bill, that an order of publication be made as to non-residents and those residing in the county be served with process, and that the minors have guardians ad liber, and that they all answer and that your worships will decree that said Land be sold on such terms as may seem mete and proper, and grant general relief, and they will ever pray.
                                           Raines and Black Attorneys

	I acknowledge myself bound for the cost of this proceeding, on the failure of the petitioners to prosecute this suit with effect.  This 7th Nov. 1865.

                                           G.B. Black

This day personally appeared before me, James E. Wood, Clerk of this County Court of Gibson County, N.M. Hale, Administrator of Mary Shelton and made oath the J.J.J. Hale and Martha Umstead and William Clement’s

(Page 444)

wife Mary, are not residents of the State of Tennessee, but live in Arkansas, and the ordinary process of the law cannot be served on them.

                                           N.M. Hale

Sworn to and subscribed before me this the 7th day of Nov. 1865

                                           J.E. Wood Clk.

N.M. Hale et al VS John J.J. Hale et al

It appearing to the satisfaction of the Court, that the defendants John J.J. Hale, Martha Umsted, William Clements and wife Mary are non-residents of this State, and that the Ordinary process of the law cannot be served on them, it is therefore ordered by the Court, that publication be made as to them in the Gazette, a newspaper published in the town of Trenton, Tenn., for four consecutive weeks, requiring the said defendants to appear at the January Term of this Court and plead answer or demur to the complaintants bill, or the same will be taken for confessed as to them, and set for hearing ex parte.

N.M. Hale et al VS John J.J. Hale et al

In this cause, it appearing to the court, that William, Mary, Sarah and Martha Hale are minors and have no guardian.  It is therefore ordered that W.W. McDowell be appointed guardian ad liber for said Minors, and that he answer, and it further appearing that publication had been made in the Trenton Gazette, a newspaper published in this State requiring John J.J. Hale, Martha Umstead and William Clement to appear at the December term of this Court, and plead, answer or demur to the complaintants bill, and they having failed to do so, it is ordered this cause be taken for confessed as to them and set for hearing ex parte at the present term of the court.

The joint answer of William Hale, Mary Hale, Sarah Hale and Martha Hale by their guardian ad liber, W.W. McDowell, to the bill of complaintant filed against them by N.M. Hale and others, in the County Court of Gibson County, Tenn., for answer to said bill, say they know nothing of the charges in the bill, and require Strict proof and pray the protection of the Court, and having fully answered pray to be dismissed with costs.
                                           W.W. McDowell Guardian ad liber

N.M. Hale et al VS John J.J. Hale et al

This cause came to be heard before the Hon. County Court of Gibson County, Tenn., on bill, answer, pro-confess order.  It appearing that Mary Shelton departed this life in this county, having first made her will and that the same has been proven, and that N.M. Hale was appointed Administrator with the Will annexed, and that said Mary was the owner of One Hundred acres of Land in this County, and that it is necessary to sell the same for partition.  It is therefore ordered that N.M. Hale, as administrator, sell Said land, after giving twenty days notice, at public auction, on a Credit of twelve Months, except One hundred Dollars to be paid in Cash and that he take note with good Security, and retain a lien on the land for the purchase money, and report both next term of this court.

(Page 445)

N.M. Hale and others.  Petition to sell land.

Be it remembered, that this cause came to be heard on the Commissioner’s report which is in the words and figures following, to wit:

                                           N.M. Hale and others-
                                           Petition to sell Land in
                                           Commissioner’s report

Pursuant to an interlocutory order made at the last term of this Court, directing me to sell the land described in the bill, I advertised as directed and offered it to the highest bidder, and the same was bid off to Wm. Roe, for Sixteen Dollars per acre, making Sixteen hundred and forty-five dollars, but before he closed the matter by sale, S.L. Jackson advanced the bid to the amount of Nineteen hundred dollars, and he Submits to the Court which bid he shall take- all of which is respectfully submitted.
                                           N.M. Hale Comm.

Which being heard and understood, it is ordered by the Court that the Commissioner take Wm. Roe’s bid at Sixteen Hundred and forty-eight dollars, and that he take the note with Security and report to the next term of the Court.

N.M. Hale and others VS John J. Hale and others

Commissioner’s Report

The undersigned, being appointed commissioner to sell the land mentioned in the bill, advertised and sold the same on the 20th of January, 1866 to Wm. C. Roe for the sum of Sixteen Hundred and forty-eight dollars and took his notes with Security for the Same, which Sum has been paid to me as Comm.  All of which is respectfully Submitted.
                                           N.M. Hale Comm.     

N.M. Hale and others VS John J. Hale and others

Be it remembered that his cause came to be heard before the Worshipful County Court of on the Report of the Comm. Appointed to sell the Land.  And it appearing to the Court that William C. Roe purchased the tract of Land, containing One Hundred and three acres at the price of Sixteen Hundred and forty-eight dollars and that he has paid the same to the Commissioner, and is entitled to a decree Vesting the title.  It is therefore ordered, adjudged and decreed, that all the right, title claim & interest that N.M. Hale, Wm. A. Fly and wife Martha E., Hiram Trout and wife Sarah, Hardy Shelton, Arch. Thomas & wife Mary, John J.J. Hale, Martha Umstead, William Clement, William Hale, Mary Hale, Sarah Hale and Martha Hale have in and to the following described tract of land- containing one Hundred and three acres in Gibson County, Tenn., and bounded as follows- on the North by the land of Hiram Trout, on the West by the land of said William C. Roe, on the South by the land of Jackson Williams, on the East by the land of Lucy Jackson and Littleton Seat, be divested out of them and vested in said William C. Roe, his heirs and assignees forever.

(Page 446)

It is furthered ordered that the Comm. N.M. Hale, make a deed giving the metes and bounds of Said tract of land to the said Roe when he finishes the calls of the tract, and it is further ordered that the Comm. N.M. Hale, after paying the costs of this proceeding, pay the proceeds of the sale to the parties entitled thereto.

TRANSCRIPTION NOTE

	No changes have been made in the spelling, punctuation or format from the original document.  Nathaniel Montgomery Hale, acting as the administrator of the estate of Mary Shelton (Mary Jackson Hale Shelton), initiated this legal proceeding since three of her heirs were out-of-state residents and he wanted to sell the land that had belonged to Mary Shelton and divide its proceeds among the heirs as directed by the will Mary Shelton.  On order of the court, a legal notice was then published in the Gazette, a newspaper in Trenton, TN for four weeks directing that these three out-of-state heirs appear at the January, 1866 session of the court, if they wanted to contest the administrator’s sale of the land.  The order noted that if these heirs did not appear in court, then by default they would give their approval to the proposed sale of the land.  As these heirs did not appear in court to contest the sale of the land, it was subsequently sold. 
	Several details can be noted about the family in this court record.  Martha Umstead is listed without her husband Willie Umstead, which would indicate that he was deceased, or else he would have been acting in his right as her husband.  Martha Umstead, John J.J. Hale and Mary Clements, along with her husband William,  were all identified as residents of the state of Arkansas.  Four of the children were still of minor age at this time: William, Mary, Sarah and Martha.  

Transcribed by:
Richard A. Holt
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© 2003 Richard Holt