Monday, August 01, 2022

Anna Putman & others VS Wm G Hight & Others


From the Burned Index deeds referenced in the Chancery Court Record whose transcription follows.
Not sure I understand what is going on because the Wm Putman father of D V Putman  had been thought to have died in 1855.  Did D V Putman just not record it til 1859 or is it Wm Putman's heirs/estate.  He only had one son--David Vance Putman.  At least this does list his heirs but it also raises some questions.  

Typed Index to burned volumes (extinct) made from the register's notebook, ca. 1852-1861
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKX-93LY-8?mode=g&cat=298281

1856 Sep 10  Bargainor: A P MoHundro  Bargainee: D V Putman    Deed 90 Acres
1857 Jan 16  Bargainor: D V Putman  Bargainee: O W Crockett  Trust Deed
1857 Oct 5  Bargainor: D V Putman  Bargainee: W G Hight  Trust Deed
1858 Jan 25 Bargainor: D V Putman Bargainee: W G Hight  Trust Deed
1858 Sep 23  Bargainor: D V Putman  Bargainee: W G Hight  Deed 90 Acres
1859 Nov 22 Bargainor: D V Putman  Bargainor: Wm Putman  Deed


Transcriptions Chancery Court Case Anna Putman & Others VS Wm G Hight & Others
Bedford Co. TN, Chancery Court minute books 1830-1965, Mar. 1871 - Oct. 1872
Images 440 & 441 of 638  (pg 201)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSTZ-WQVT-F?i=439&cat=247725
(Page 201)
Anna Putnam & Others   vs Wm G Hight & others
Final Decree be it remembered that this cause was finally heard on the 11th of Sept 1871 by Hon. A. S. Marks Chancellor & c on bill answer exhibit proof and on the motion of Richard Nance and Thos N. McCord Trustees of W G Hight to be (p. 202) made dependents which is allowed by consent of complainants and upon full consideration of the whole case the court is of opinion & so decrees that the deed executed by D V Putnam to his father Wm Putman in 1857 invested the vender with the legal title to the tract of land conveyed by A P Mohundro to D V Putnam that W G Hight when he took the absolute deed from D V Putnam on the 22 Sept 1858 knew of the existence of the deed from D V Putman to Wm Putman and is there for not an innocent purchaser.

It is decreed by the court that the surviving complainants are entitled to the said tract land less the interest of D V Putnam as one of the heirs and for the four or five acres purchased by him of Richard Nance and included in the deed of Sept 25 1858 to W G Hight subject to a lien for the purchase money and interest yet ____ unpaid at the date of the deed of D V to Wm Putnam which is hereby decreed  a lien on said land
It is further decreed by the court that this cause by referred to the Clerk & Master to take proof & report to the next term of this court the annual value of the rents of said tract of land including the four or five acres sold by R Nance to D V Putnam from the date of the deed from D V P to Wm Putnam to the time of making his report with interest. He will also report what betterments if any have been made by complainants and also what damages have been done said land since it's occupation by complainants under the deed to Wm Putnam all other matters being reserved


Images 448 & 449 of 638 (pg 217)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSTZ-WQVY-Y?i=447&cat=247725
Sept 14th 1871
(Pg 217)
Anna Putman & Others
vs
Wm G Hight & Others
Final Decree
Be it remembered that this cause came for hearing on this 11 Sept 1871 before the Hon. A S Marks Chancellor & C on bill, answer & proof and on motion of Richard Nance & Thos. N McCord Trustees of W G Hights to be made Defts which is allowed by the consent of Complts and upon consideration of the whole case(pg. 218) The court is of opinion  & so decrees that the deed executed by D V Putman and his father Wm Putman in Jan of Janry 1857 invested the vender with the legal title to the land in controversy & W G Hight when he took the absolute deed from D V Putman 22 Sept 1858 knew of the execution of the deed from D V and Wm Putman & does not in this answer place himself in condition to rely on the plea of an innocent purchase. The court decrees that the compts are entitled to the land as heirs at law of Wm Putman dec'd less the share of D V Putman as one of the heirs & the four or five acres purchased by him from Wm G Hight but that the land is first chargeable with 5/6 of the Miller Debt mentioned in the trust deed of D V Putman to Hight of 5 Oct 1857 the whole debt being unfixed at $275.00 with the interest on the 5/6 from the 25 Dec 1857
This cause is referred to the master to take an account with the year 1859 being the year after D V Putman moved from the land after the death of the Father  In estimating the value of the rents during the life of Anna Putman the widow, the master will consider her right to dower in the land and only estimate two thirds of the rents for that time.  By the consent of all parties upon the case shown by record the court further decrees that the land be sold first for the payment of the miller debt as herein set forth & secondly for the distribution or division among the compts & Wm G Hight or his trustees & that T S Steele C Master & C is appointed commissioner to sell the same & that he sell it on a credit of one  or two years taking notes & sureties for the purchase money first giving notice as required by law He will by consent sell the small piece purchased by D V Putman from Richard Nance and report to next term


Images 513 of 638 (pg 347 )
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSTZ-WQVL-Y?i=512&cat=247725

Anna Putman & Others
VS
Wm G Hight & Others
Decree
Be it remembered that this cause came in for further hearing and was heard on this 5th day of March 1872 before the Hon A S Marks Chalr & C upon the proceeding heretofore had and the report of the sale made by the mater which is in the words and figures following:
Report:
In the case the undersigned in pursuance of an interlocutory decree pronounced by the Hon Chancery Court for Bedford County at its Sept Term 1871 begs leave to submit the following
Report:
He advertised the land in the pleadings mentioned by printed hand-bills posted as required by law giving due and legal notice of the time place and terms of sale and on the 4th day of November 1871 the time as a advertised he attended his his Deputy James C Jett on the premises the place designated and offered said lands for sale at public auction to the highest bidder on one and two years credit, the mode & terms as advertised when and where after the same had been cried a reasonable time the said lands situated in Dist 9 Bedford County Tennessee adjoining the lands of John Landrum- James Foster--John King & others and containing 96 acres were struck off to A Tucker at his bid of $12 42 1/2 cents per acre aggregating the sum of (pg 348)
($1192.80) Eleven Hundred & Ninety Two 80/100 Dollars the same being the last highest & best bid offered for said lands.  The said purchaser has paid the undersigned the costs and commissions-after said sale the said A Tucker associated with him as an equal partner in said lands one W C Cooke and the said parties Tucker & Cooke have executed to the undersigned as Clerk & Co. their two promissory notes with the W M Boyce & J R(K?) Cooke securities in each Each note is for $547.90 and due respectively in one & two years after date- & dated on the 4th day of November 1871 and executed for the purchase money of said lands and a lien is also retained on said lands to secure the payment of said notes and is so expressed on the face of each-said notes are now in the hands of the undersigned subject to the orders of the Hon. Court.
All of which is respectfully submitted Nov 2 1871
Which being unexcepted to it is ordered in all things to be confirmed

It is further ordered by the court that all the right title claim and interest of the compts & defts in and to the land described in the pleadings be divested of them & vested in the purchasers subject to a lien for the purchase money and upon the payment of the purchase money, the clerk master will executed to them a deed in accordance with the terms of this decree and the cause was further heard on the report of the clerk as to rent which is not being excepted to it is ordered in all things to be confirmed. It is therefore ordered adjudged and decreed that T S Steele as clerk master recover for the use of the parties in interest of Charles Norville & Wife, Mary A.  Henry Warner & Wife Sarah, John A Vincent and wife Willy, Elizabeth Putman, Sciota Putman the sum of 120.00 the amount of said rent & in the adjustment he will allow them a credit for their respective portions as settled by the decrees of this court.  The clerk will also collect the rents which have accrued under the renting made by the clerk master of this court & distribute the same as settled by the decree of this court.  The clerk will proceed & collect the purchase money & pay the same together with (pg. 349) money now in the hand out after paying all unsettled costs to the parties entitled to the same as fixed by decree pronounced 14 Sept 1871 and the amount giving to W G Hight or to his trustees will be paid to their solicitors, Edmund Cooper, James L. Scudder & H L Davidson, who have a lien on the same for the payment of their fees, which is hereby declared.

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