yesterday's tennessee

Report of the Clerk and Master to the March Term 1884

The undersigned would most respectfully report that in obedience to the Decree of Reference referred to him in the above cause at the present Term of this Court that he proceeded immediately to comply with the order of Said Decree and had F. W. Morris and Lewis Owens summoned to appear before him and taken their Depositions in said cause and which is here refered to with the other proof on file in this cause therewith submitted.

He would report as follows to wit:
First — The proof shows that there is 206 acres of land belonging to the Said Squire B. Lee at his death and that the same was bought be him while a Slave from one Henry Morris Decd and at the death of the Said Henry Morris in his Will instructed his Executors to make a deed to Said Land to the Said Squire B. Lee when called upon and the proof clearly shows that Squire B. Lee after he gained his freedom took control of said 206 acres and used it — paid taxes on it — until his death and also that the said Henry Morris estate has been wound up and the land divided among his heirs or legatees or at least the land was sold by order of this Court and the proceeds arising from said sale was distributed among them and in said sail distribution said 206 acres was not taken into consideration as it belong to said Squire B. Lee (for which see the Deposition of F. W. Morris).

SecondHe would report that the tract of land contained about 206 Acres and that the proof shows that is is what is called the ridge land interspersed with small bottoms or hollows running through it and that the soil is thin and that it is tolerably well timbered but that the timber is on such kind and quality and quality & quantity that it is not of much value. Also that it is very poorly watered there being no running water on said land during the summer and fall months the proof shows that there is about 25 Acres of cleared land in the place and in cultivation and two log houses and a well and some other improvements.

ThirdHe would further report that it would be manifestly to the parties in interest for said land to be sold and the proceeds arising from the said sale to be divided among them for the reason that the proof shows that it is thin land and that the same is poorly watered having no running water during the part of the year it is mostly needed. Also the proof clearly shows that taking everything into consideration that it would not more than make one good home for one family and that there being several heirs or legatees interested in said estate cannot be divided in kind so as to give each one a home therefore these reasons I would report that it would be greatly to the parties in interest for said land to be sold and the proceeds divided among them.

All of which is respectfully submitted March 31st 1884
Filed March 31st 1884 W. F. Brooks C & M
which said ______ being ______ to is in all things confirmed by the Court and made a part of this decree.

And it appearing to the satisfaction of the Court from the report of the Clerk & Master proven that the lands mentioned and described in the pleadings in this case cannot be advantageously divided in kind among the entitled thereto and it further appearing that it would be manifestly to the interest of his heirs and distributees of the said Squire B. Lee that the said land be sold for partition and distribution among his heirs and distributees.

It is therefore ordered adjudged and decreed by the Court that the Clerk & Master as soon after the ______ of the court as convenient will proceed to sell said land after advertising the same for thirty days by written, printed handbills in 4 or more public places in said county one of which shall be in the district where the land lies & one at the Court House door in Lexington according to Law and sell the same at public auction at the Court House door to the highest & best bidder on a credit of 9 & 18 months except cash enough will be required on the day of sale to pay the cost of this cause & attorney fees.

The Clerk & Master will after deducting the cash payment from the amount at which the land is struck off require two noted from the purchaser of equal amount due respectively in 9 & 18 Months with good & approved security and retain a lien on the land for the payment of the same said land will be sold ____ [face?, free?] from the Equity of redemption or the right of repurchase.

Josiah Mitchell
et al.
vs
Babe Morgan

In Chancery Court
at Lexington, Tennessee

Report of the Clark & Master
at the April Term 1887

The undersigned would most respectfully report that W. B. Hester the purchaser of the land in this cause has paid his two purchase money notes of $90.76 each except $40.00 which belongs to him he owning the interest of Wiloby Taylor & wife in said land by purchase for which he has a deed and ask that his notes be cancelled and returned to him. I have also paid to Babe Morgan her interests and have here receipts now on file in my office, though the interest of Josiah Mitchell & wife interest amounting to $40.00 is still in my hands they being in the ____ [safe?] I own. I have informed him by letter that the money is ready for them but never have heard from them, and all the Court & Attys fees have been paid.

All of which is respectly submitted March 31st 1887

W. F. Brooks, C & M