At Rules, held in the Clerks office, on the first Monday in June, 1840. It appearing to the Clerk and Master, from the allegations in Complainants Bill, that the Defendant, Jacob Clarke, is not an inhabitant of the State of Tennessee. It is therefore ordered, that said Defendant appear here, at the next term of this Court, to be held at the court house in Greeneville, on the second Monday in November next, and answer Complainants Bill, or the same will be taken as confessed against him, and set down for hearing, ex parte. Attest. M. PAYNE, Clerk & Master., June 24th, 1840.
Bill charges in substance, that on the 27th day of September, 1837, George G. Crawford departed this life, having first duly made his last will and Testiment, which has been proved and recorded in the manner prescribed by law, in which Complainant was nominated as executor, and he has duly qualified as such and entered on the discharge of the duties of said office. That in the Spring of 1837 Testator purchased from a certain Joab and Jacob Clarke, of Washington county, Va.; the 1 third of a certain Stud Horse, called, "Black Hawk," of fine stock, for the sum of $233.33 and gave his two notes of obligations for the same. By the mutual agreement of the parties at the time of said purchase, they were to be equal partners and joint owners of said Horse from the time of the purchase, and were equally to share the profits which might arise from standing him. It was further agreed, that Testator, should bring said Horse to Greene county, and stand him, which he accordingly did - the profits of said season were $251 and after the Death of Testator, Complainant paid to Joab Clark, the two thirds of said sum, and also, the further sum of $33.33 towards the satisfaction of said note - after the Death of Crawford, it was agreed between Complainant and Joab Clarke, that the said Clarke should take the horse home with him to Virginia, and stand him the fall season of 1837, and the Spring season of 1838. This agreement was on the foot of said partnership, between the Testator and said Clarke, which was to continue for the benefit of the estate of said Crawford & c. that in pursuance of said agreement, the said horse was taken to Virginia by said Joab Clarke, and was stood the two seasons above mentioned, and after the Death of said Joab - Jacob Clake, the Brother of said Joab, and surviving partner of the firm - with full knowledge of all the facts, and without the consent of Complainant - sold said horse, to his Brother David Clarke, for a trifling amount, less than half his value, as Complainant is informed. & c. and further stating that the said Jacob utterly refusing to account with Complainant, sent said notes to Greene county, and has caused him to be sued on the same, and obtained Judgement, and is attempting to enforce payment of the same - notwithstanding the failure of consideration, by the fraudulent conduct of the said Jacob, & c. The prayer of the Bill is, that Defendant, Jacob Clarke may be perpetually enjoyed from collecting the aforesaid Judgement, which is represented to be unjust - that he may be held to account with and pay to Complainant, one third of the reasonable value of said horse, and also, one third of what - with proper diligence and attention would have been the profits of the said seasons herein stated - and a prayer of general relief. GILLESPIE, Solicitor. July 1, 1840.
The Whig, (Jonesborough, TN) Wednesday, July 15, 1840; Issue 10; col C - transcribed by, Amanda Jowers
STATE OF TENNESSEE. CHANCERY COURT AT GREENVILLE, SECOND DISTRICT.
Moses Dotson and others, vs. James Hise and others,
O. Bill - June Rules, 1840.
At Rules, held in the Clerks office, on the first Monday in June, 1840. It appearing to the Clerk and Master, from the allegations in Complainants Bill, that James Hise, Barbara Dotson, widow Charles Dotson, Barbara Dotson and Jesse Walker, Administrators of said Charles, Jesse Walker and Elizabeth his wife, formerly Elizabeth Dotson, James Wollford and Anne his wife, formerly Anne Dotson, and John Johnson and Milley his wife, formerly Milley Dotson, are not inhabitants of the State of Tennessee - It is therefore ordered that the said defendants appear here at the next term of this court to he held at the Court House in Greeneville, on the second Monday in November next, and answer complainants bill, or the same will be taken as confessed against them and set down for hearing exparte.
Attest, M. PAYNE, C. & M. June 24th, 1840.
Complainants in their bill show and charge that Charles Dotson, the father of the first named complainants, and great grandfather of the heirs of Reuben Dotson dec'd departed this life some time in the year 1797, having first made and published his last will and testament, in which will there is one devise to the following effect - to wit: he the said Tesator bequeathed to his son Edmmond Dotson, the plantation upon which he then lived and upon which he died, supposed to contain 275 acres, during his natural life, and in the event that the said Edmond should die, leaving an heir of his body, then the Fee Simple to be vested in said heir of the said Edmond, and the Testators other three sons, John, Moses and Charles Dotson - that the said Edmond departed this life on 11th day of October, 1839, leaving one heir, to wit, Peter Dotson, who sold and conveyed his undivided fourth part of said land to a certain James Hise - that Reuben Dotson during his life time purchased the share, or undivided fourth of said tract of land that was devised to John Dotson, one of the devises mention in said will, which purchase is evidenced by a deed of conveyance made by the said John to the said Reuben, dated the 3rd September 1831 - that the said Reuben Dotson during his life time purchased the other share or undivided fourth part of said land that was devised to Charles Dotson, which purchase is evidenced by a title bond, dated 23d December 1815 - that said Charles in a short time after he executed said title bond departed this life, and the said Reuben never could procure a deed from the heirs of said Charles - that said Charles at his death left a widow and several heirs at law - that Barbara, the widow of Charles Dotson and one Jesse Walker administered upon his estate, but that they failed to make a deed for said land, & c.
The prayer of the bill is that commissioners may be appointed by this Honorable court to lay off and assign to Moses Dotson the Complainant first named, one fourth part of said land in accordance with said last will and testament of Charles Dotson dec'd, and also lay off to the hurs of Reuben Dotson dec'd. the one fourth part of said tract of land - and also that the undivided fourth part of said tract of land devised to Charles Dotson may be divested out of his heirs and legal representatives, and vested in the heirs of Reuben Dotson, pursuant to the stipulation contained in the title bond referred to, and that the same may be allotted to them - and a prayer for general relief.
Gillespie, Sol. July 1, 1840
The Whig, (Jonesborough, TN) Wednesday, July 15, 1840; Issue 10; col C - transcribed by, Amanda Jowers
