yesterday's tennessee

MISCELLANEOUS RECORDS, MOST RELATED TO THE ESTATE OF HARDY RUSHING - Benton Co. TN

abstracted by Beverly Wyatt

2:366 ROLL 59 MISC. BENTON CO. TN
April 29-1850
State of Tennessee/Benton County
Jessee McGill guardian of the minor heirs of Hardy Rushing Dec to wit John Rushing & Thomas Rushing made application to make Settlement with me Wm. P. Morris clerk of Said County Court agreeable to an act of the General Assembly in such case made and provided which Said Settlement Issued to be as follows:
I find in the hands of Said guardian as received from John McGill Adm....

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A:447 ROLL 47 BENTON CO. TN COUNTY COURT MINUTES
May Term 1850
Settlements to wit were made with: ...... and one with Jesse McGill guardian of the minor heirs of Hardy Rushing Dec. all of which were examined and approved by the Court and ordered to be Recorded

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BOOK D:34 ROLL 68 BENTON CO. TN DEEDS
1-26-1851
Jacob Rushing Deed
263 1/2 Acres
To James Watson of an undivided Tract of Land
This Indenture made and the 26th day of January one Thousand Eight Hundred and fifty one Between Jacob Rushing of the one part and James Watson of the other part both of the County of Benton and State of Tennessee
witnesseth That the same Jacob Rushing that for in consideration of the sum of Ten Dollars to him in hand paid by the said James Watson the Receipt where of is hereby acknowledged hath given granted bargained and sold and by these presents doth give grant bargain and sell _______ _______ co affirm in to the said James Watson his heirs and assigns all the Right To the claim and interest which I the said Jacob Rushing have in and to the Interest of 263 1/2 acres of land Belonging to Heirs of Hardy Rushing Dec'd situate Lying and being in the County of Benton and State of Tennessee
BEGINNING 46 poles W of the SEC of Entry of 274 acres in the name of James Hart .........
Registered ALSO in Note Book No. 1 and Page 43
Registers Office 1-17-1855

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BOOK C:258 ROLL 67 BENTON CO. TN DEEDS
2-15-1851
Levin & James Rushing
Deed to John H. Williams

State of Tennessee/Benton County
This indenture made and entered into between John H.Williams of the one part and Levin Rushing and James Rushing of the other part both parties of the County of Benton in the State of Tennessee
Witnesseth that whereas this day the above named Levin Rushing & James Rushing have this day bargained sold and delivered unto John H. Williams their undivided interest in and to a certain tract or parcel of land granted to the heirs of Hardy Rushing Dec'd Grant No. 9035 and Entry No. 453 for two hundred sixty three and a half acres, situate in Benton County in Range 6 Section 4 & 5
BEGINNING 46 poles West of the SEC of an Entry for 274 acres in the name of James Hart....
To have and to hold for his own proper use his heirs and assigns forever for the Consideration of twenty dollars to us in hand paid the receipt thereof is hereby acknowledged and we hereby Convey set over and convey all right title and claim together with all the appurtenances thereunto belonging in and to our undivided interest in and to the above described tract of land there being fourteen heirs at law to the said tract of parcel of land and we further warrant and forever defend the said title to the said undivided interest in and to the above described land Against the legal Claim of all and every person whomsoever.
In testimony whereof we have hereunto set our hands and seals this 15th Feby A. D. 1851
Executed and delivered in the presence of Robert H. Hawthorn/William J. Turner
Levin (X) Rushing (Seal)
James (X) Rushing (Seal)

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D:171 ROLL 68 BENTON CO. TN DEEDS
2-1-1853
Abel Rushing and others
Deed to James Watson
263 1/2 Acres

We Abel Rushing, David Rushing and Robert Rushing have this day bargained and sold and do hereby transfer and convey to James Watson and his heirs forever for the consideration of thirty Dollars to us paid all in our Interest in Certain Tract of Land lying in Benton Co. In Range 6 and Section 4 & 5 and in Civil District, No. 6 Containing by Estimation two hundred & sixty three and one half acres be the same more or less it being Entry No. 453 and Grant No 9035 and bounded as follows
BEGINNING 46 Poles West of the SEC of an Entry of 274 acres in the Name of James Hart....
To have and to hold the same to the Said James Watson his heirs and assigns forever. We do Covenant with said Watson that we are lawfully Seized of Said of said Lands that of 3/14th of Land which is about 56 1/6 acres which is all we sell have a good Right to convey it and that the same is unincumbered we do further Covenant and bind our Selves our heirs and Representatives to Warrant and defend the title to the said land that is 3/14 of said tract and every part thereof to the Said James Watson his heirs and assigns against the lawful claims of all persons whatever this the first day of February 1853
Executed in our presence the first day of February 1853
C. Presson
John (X) McGill (his mark)
Signed
Abel (X) Rushing (Seal)
David (X) Rushing (Seal)
Robert (X) Rushing (Seal)
Their Marks

Abel, David, Robert Rushing to James Watson 3/14 of tract=56 1/6 Deed Book D:171
ALSO recorded in Note Book No 1 Page 55

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BOOK D:178 ROLL 68 BENTON CO. TN DEEDS
7-28-1853
State of Tennessee/Benton County
Susannah A. Rushing
Deed to John H. Williams
_______ Acres

This Indenture made and Entered into Between John H. Williams of the one part and Susannah A. Rushing of the other part Both parties of the county of Benton in the State of Tennessee
witnesseth that whereas this day above named Susannah A. Rushing has this day bargained sold and delivered unto John H. Williams their __________ interest in and to a certain tract or parcel of land granted to the heirs of Hardy Rushing Dec & Grant No. 9035 and Entry No 453 for two hundred and Sixty three and a half acres Situate in Benton County in Range 6 and Section 4 & 5
BEGINNING 46 West of the SEC of Entry for 274 acres in the name of James Hart.
To have and to hold for his own property and his heirs & assigns forever for the Consideration of Nine Dollars to me in hand paid the Receipt of is hereby acknowledged and I hereby convey set _______ and convey all my Right title and claim together with all the appurtenances thereunto belonging in and to my _____________ in and to the above described tract of Land there being fourteen heirs at law ... to the above said tract or parcel of land and I further warrant and forever defend the said title of the said described ____________ land against all legal claims of all and every person whatsoever
Executed and delivered in Testimony whereof I have hereunto set my hand and seal this July the 28th 1953
C. C. Williams
G. W. Ballard
Susan A. (X) Rushing (Seal) (her mark)

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BOOK D:256 ROLL 68 BENTON CO. TN DEEDS
4-3-1854
J. H. Williams Deed to James Watson
37 1/2 acres

I John H. Williams bargained and sold ... to James Watson for forty Dollars a certain tract of land lying in Benton County, TN in Range 6 and Section 4 & 5 it being two undivided interests of the heirs at law of Hardy Rushing Dec in Entry No. 453 for two hundred sixty three and one half acres granted to the heir at law of Hardy Rushing Dec'd
It being the Interest of James Rushing & Susan C. Rushing which they deeded to me making by Estimation Thirty seven and one half acres be the same more or less which tract of 263 1/2 Acres is bounded as follows
BEGINNING 46 poles west of the SEC of an Entry of 274 Acres in the name of James Hart....
To have and to hold the Same that is 2/14 of said Tract to the Said
James Watson his heirs and assigns forever.......
Attest J. W. Camp
H. H. Armer

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A:760 ROLL 47 COUNTY COURT BENTON CO. TN
August Term 1854

James Watson VS Mark Rushing, John Craig and wife Elizabeth, Heirs of Clement Rushing, and Wyly Smith and wife Polly Smith, William Rushing, David Rushing & R.C. Rushing last a minor
Petition to sell Land

This day came on this cause to be further heard and was heard before the worshipful County Court upon the petition order of publication and answer of David Rushing & Robert C. Rushing a minor and heir at law of the said Hardy Rushing deceased as mentioned in the petition when the answer of the said David Rushing and Robert C.Rushing as to _________ is unexcepted to

It is ordered by the court that they be made parties & C and that William M. McAuley be appointed Guardian ad litem, for the said Robert C. Rushing & C and it appearing satisfactory to the Court that is would be more to the advantages of the several heirs and claimants to the said land mentioned in the pleadings to have the said land sold for distribution that it would be to the interest of all the parties mentioned in the Petition and plea to have the same sold to the highest bidder upon a reasonable ____________

It is therefore further ordered and decreed by the courts that the aforesaid land mentioned and ___________ entered in the Petition be sold to the highest bidder after being advertised twenty days at four public places in said County one at the Court house door of said County and one in the district in which aid land lies upon a _________ ________ the purchaser giving hand and security for the payment of the purchase money except the costs & charges & C which shall be paid in hand by the purchaser and deducted from his bid and paid to the Clerk and that William M. McAuley be appointed _______________ and _______ & C and that he make _____ at the next October term of said Court And that this cause be continued until said October term & C.

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A:130 ROLL 16 CHANCERY COURT BENTON CO. TN
9-1854
James Watson VS Mark Rushing & others
A Bill to Convey title to land

Be it remembered that on this day this cause came on for final hearing before the Hon. Stephen C. Pavatt Chancellor, upon the bill order, __________ proof and report of the Clerk & Master of the Court, which report bring ____________ to is in all things confirmed, which report is in the words & figures following to wit

James Watson VS Able Rushing & others

In Chancery court Camden original bill to vest title of land in complainant, this cause having been referred to the Clerk & Master for the purpose of ascertaining the necessity of selling the lands in the pleadings mentioned for distribution and the value of the land in 1854 or 1855 have had the evidence filed in the cause before me and on examination of the same, beg leave to make the following report to wit I find from a certified copy of the proceedings heard in the County Court of Benton County in this cause that there is 263 acres of land in said tract, that there was 14 heirs and distributees of the same ... inclusive of the widow that a portion of said land was poor hilly land unfit for cultivation that the same was sold by the Clerk of said County Court on the 4th Sept. 1854 under a decree of said Court to Complainant for the sum of 250$ I find that Compt had taken deeds from
(1) James Rushing,
(2) Susan C. Rushing,
(3) Jacob Rushing,
(4) William & Nancy Perritt,
(5) Abel Rushing,
(6) David Rushing,
(7) Robt. Rushing,
(8) David McGill,
(9) and the Widow Elizabeth Rushing
for their undivided interest in said land

I also find from the evidence of Theophilus Presson & Allen C. Presson that they were well acquainted with said tract of land, and that the same could not be divided between the heirs so as to of any ________ real advantage to them, but that the same would be of more value to said heirs to have said land sold for a division that the same was sold and brought what they considered a fair price at the time, that the land adjoined one of them, and that he was a bidder for it at the sale & it brought more than he was willing to give for it himself--

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A:130 ROLL 16 CHANCERY COURT BENTON CO. TN
9-1854

Jesse McGill the other witness agrees that the land should have been sold for a division but thinks that it did not bring its worth at the time it was sold

this is the substance of the evidence before and the defts having had the notice requested in such cases and made no defense

I will presume that the deft. considered that the land brought a fair price at that time

I am of opinion that the land should be sold for a division and ________ the price given by the compt on the 4th Sept. 1854 for the purchase of said land was at that time a fair consideration for the same all of which is respectfully submitted. D. P. Hudson C & M

Sept 19, 1859-- It is therefore ordered adjudged and decreed by the Court that all the right title and interest that the heirs of Hardy Rushing Dec'd has in and to the lands mentioned in the pleadings containing 263 1/2 acres and bounded as follows to wit BEGINNING 46 poles W of the SEC of and entry of 274 acres in the name of James Hart ... be divested our of them and vested in compt James Watson, and his heirs forever and it is further ordered & decreed by the Court that complainant pay the cost of these proceedings for which execution may issue at law. Court then adjourned until tomorrow morning 8 o'clock. Stephen C. Pavatt

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B:112 ROLL 47 COUNTY COURT BENTON CO. TN
abt. 1-1856
JAMES WATSON VS MARK RUSHING & OTHERS
PETITION TO SELL LAND
J. M. McCauly Clerk of the County Court & Commissioner appointed to sell the real estate in the above case by leave to report to Court that James Watson the purchaser of the land in the above case has paid the amt. of the bid or the amt. half of that amt. amt. which is one hundred twelve dollars & 44 1/2 cents he be in the _______________ of seven shares out of fourteen he retains _____ the one half of the purchase money which leaves in _______________________________ be distributed the sum of one hundred & twelve dollars & 44 1/2 cents with the exceptions of two tax receipts in the amt. one dollar & 40 cents which is taken from the above amount of one hundred & twelve dollars & 44 1/2 cents which will be amt. one hundred & eleven dollars & 4 1/2 cent which the clerk is ordered to pay over to the Legatees and ordered to receive the same and take there Receipts for the same.

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B:157 ROLL 47 COUNTY COURT BENTON CO. TN
abt. 4-1856
James Watson vs Mark Rushing et al./Petition to sell land
This day this cause came on for final hearing and it appearing from the report of the Clerk and Master of this Court that the purchase _________ had been fully paid.
It is therefore ordered adjudged and decreed by the court that the right title claim and interest that the heirs at law of Hardy Rushing Deceased has in and to 263 1/2 acres of land lying in Benton County in the 6th Civil District of said County in Range 6 and section 4 & 5 and bounded as follows to wit
BEGINNING 46 poles west of the South East Corner of an Entry of 274 acres in the name of James Hart and runs west 168 poles south 12 poles west 24 poles south 68 poles west 60 poles south 33 poles East 20 poles south 24 ? East 80 poles south 57 ? East 73 poles south 60 poles south 61 ? East 80 poles North 135 poles East 15 poles and north 142 poles to the BEGINNING be divested out of them AND invested in James Watson and his heirs and assigns for ever.
This land was Grant # 9035 and Entry #453 Range 6 Sections 4 & 5

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MY NOTES--Beverly J. Wyatt
1832 Olley McGill b.1809 m. R. D. Rushing (Hardy Jr. ??). Olley Rushing then m. James K. Nance. Olley died shortly after being 25 yrs. of age. Sons of Olley & R. D. Rushing were John Rushing b. 1833 and Thomas Rushing b. 1836
6-16-1841--Sarah McGill m. James Watson-b.1818
8-22-1841--Jessee McGill m. Drucilla Rushing
3-13-1844--Nancy McGill m. F. M. Rushing-b. 1824 NC-son of John D. Rushing
4-9-1844--David McGill m. Mary Ann Watson. In 1850 they were in Benton Co. with three children Martha b. 1845, Elizabeth b. 1848, unnamed son, b. 1850. I think they were in IL, Union Co., South Pass in 1860, the film was almost impossible to read.
Children of John McGill & his first wife or Rebecca included: Jessee, Olley, Nancy, Sarah, David.

My Speculation--the name of Hardy's son Levin was used by the Cottingham family so--Was Hardy's second wife a daughter of Levin Cottingham?

9-1-1849--William Perritt m. Nancy Ann Rushing by J. F. Presson, JP 9-2-1849

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A:64 ROLL 111 BENTON CO. TN LAND ENTRY
5-29-1824
# 1422
State of Tennessee
12th District(Surveyor's District)
James Greer & Samuel McCorkle assignee of John Craddocks Heirs By virtue of Part of Military warrant No. 530 for 3850 acres Enters 80 acres of land Hardy Rushings occupant in the 5th Section of 7th Range
BEGINNING on the North West Corner of William James 260 acres Survey Running East 40 poles Thence North 40 poles Thence West to the Reservation Line thence South with said line for complement 29th May 1824.

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#1421 Wm. James assignee of the same man, same #530 enters 260 acres David Coles occupant claim in the 5th Section of 7th Range BEGINNING in the NWC of Abel Rushings 160 acre occupant Entry