Grainger County Circuit Court Minutes, Volume 11

Page 294 (index says 293) dated Tuesday May the 1st 1849

Jane Mayse }

ex parte } petition for dower

It appearing to the court, from the petition of the said Jane Mayse, widow of John Mayse, deceased, that Berry Mayse heir at law and son of the said John Mayse, deceased, is an idiot, it is ordered by the court that John Olliver [interjected here and guardian of Thomas Mayse, minor heir at law of said John Mayse] be and he is hereby appointed guardian ad litum of said Berry Mayse, heir at law, and idiot as aforesaid. It is further ordered by the court that Edward Hodges, the father of Nancy, Elmira, John and Jesse Hodges, minors and heirs at law of the said John Mayse deceased, be and the said Edward Hodges is hereby appointed guardian ad litum of his said children and minor heirs as aforesaid.

Same book, page 310, dated Friday May the 4th 1849

Jane Mayse (this book consistently spells as Mayse, even Sherrod's records) }

ex parte } petition for dower

It appearing to the court in this case(cause?) from the petition filed on a previous day of the present term of this court that David Mayse, William Mayse, Thomas Mayse and John Joice and his wife Nancy Joice, formerly Nancy Mayse, all of whom are heirs at law of the said John Mayse, deceased, are non residents of this state, it is ordered, adjudged and decreed by the court that publication be made, for three sucessive weeks in the Knoxville Register, a public newspaper published in Knoxville, Tennessee, notifying the above named non residents and heirs at law, to appear at the next term of the Circuit Court to be held for the County of Grainger at the court house in Rutledge on the fourth Monday of August next, to plead, answer, or demur to the petition of the said Jane Mayse, heretofore filed, or the same will be taken pro confesso as to them and set for hearing apparte. And it further appearing to the court that of the other heirs at law of the said John Mayse, dec'd, none have filed answer to said petition except Marcus L. Daniel and his wife, Martha Daniel, and John L. Olliver [interjected here as guardian of Thomas Mayse and Berry Mayse] [also interjected here in his own right] and his wife Mahala Olliver, and Elisha Thomason as guardian of the minor heirs Polly, Mandy, Rhoda and Frederick Mayse, who admit the matters and things in said petition to be true it is further ordered, adjudged, and decreed by the court that subpoenas ad (responandum?) and copies of the petition, in this case filed, issue, to the end that the remainder of the heirs at law of the said John Mayse, dec'd, not herein above mentioned, be made defendants to this application.

Pages 396-397, dated Saturday December the 29th 1849

Jane Mayse }

ex parte } petition for dower

The commissioners summoned by the sheriff of Grainger County, to allott and set a part dower to the said Jane Mayse, out of the lands of which her husband John Mayse, died seized and possesed within the county of Grainger, pursuant to an order and decree made at the term of this court, having returned into court thier (sic) report, which report is in the words and figures following, to wit

The undersigned, being unconnected with the parties either by affinity or consanguinity, and entirely disinterested, having been summoned and duly sworn by the sheriff of Grainger county, as a jury to allot and set off to Jane Mayse her dower out of the real estate of John Mayse her deceased husband, after having duly considered and fully understood the whole matter, do hereby assign to the said Jane Mayse for her dower, the following described land with the erections and improvements thereon including the dwelling house in which the said John Mayse usually dwelt next before his death, together with the barn stables and other out buildings; to wit, a tract of land in the county of Grainger on the waters of Richland and German creeks containing one hundred and sixty three acres, and bounded as follows Beginning at a post oak, the beginning corner of a 500 acre tract granted to James Ore, of which this is a part, running south thirty five degrees east two hundred and sixty eight poles to a cherry tree and locust on the side of a hill southwest of the spring, then north sixty one and a half east ninety poles to a stake with white oak and hickory pointers on a spur of the big ridge, then north twenty two west one hundred and eighty poles to a stake near two marked hickory bushes at the corner of the field used and cultivated by Hodge then north twenty nine degrees west along and with the crop fence dividing the fields cultivated by Hodge and May as far as said fence goes straight, then the same course continued to a stake on Bowen's line, on the line of the original 500 acre tract, then with said original line to the beginning. Which in our opinion constitutes one third of the real estate of the said John Mayse, deceased. Given under our hands and seals this 3rd day of October 1849.

Harmon G. Lea (seal)

Levi Campbell (seal)

Thos McBroom (seal)

James x Helton (seal) [his mark]

Octavius Yoe (seal)

[continuing this same entry]

Which report of said commissioners not being excepted to, and the premises having been fully seen and understood by the court, said report is in all things confirmed - and it is therefore ordered, adjudged and decreed by the court, that the title to the above described tract of land containing one hundred and sixty three acres be and the same is hereby vested in the said Jane Mayse as her dower, out of the lands of her dec'd husband John Mayse in said county of Grainger; and that she can hold and enjoy the same for and during her natural lifetime.

And it is further ordered by the court that the petitioner Jane Mayse pay the costs of this application, and that the said commissioners be allowed the sum of one dollar each per day for this service in laying off and alloting to petitioner her said dower, except the surveyor Harmon G. Lea who is allowed the compensation authorized by law.

Same book - page 402, dated Monday December the 31st 1849

Jane Mayse }

ex parte } petition of dower

Harmon G. Lea, surveyor and commissioner in this case(cause?), being called on, states, on oath to the court, that he as surveyor & commissioner and the other commissioners, were each engaged two days in the business of allotting dower to the said Jane Mayse, widow and relict of John Mayse, deceased.

Same book - Page 505, dated Friday August the 20th 1850

The Heirs at law of John Mayse, dec'd }

ex parte } This day the heirs of John Mayse, deceased, by attorney filed in open court their petition (pray?) the court to decree a [word partition here and crossed out] sale to be made of the lands of which the said John Mayse died seized and possessed in the county of Grainger. And it appearing from the allegation of said petition that, Berry Mayse, one of the heirs of the said John Mayse, is an idiot, it is therefore ordered, adjudged, and decreed by the court, that William T. Tate, who consents to act as such, be and he is hereby appointed guardian ad litum to said Berry Mayse, idiot aforesaid.

And the court further orders, adjudges and decrees, that this cause be refered to the Clerk of this Court, and that the Clerk examine (proof?) as to whether or not, the interests of said heirs require a sale of said lands and what is the cash value of said lands, and report to the present term.

Page 518 - dated Saturday August the 31st 1850

William Mayse, David Mayse, Thomas Mayse, Nancy Joice, formally Nancy Mayse & others. Heirs at law of John Mayse, deceased. }

ex parte} petition for sale of lands

On this 31st day of August 1850, this cause came in to be heard before the Hon. Robert M. Anderson, &c. upon the petition, answer and report by the Clerk and Master made to the present term of this court, which report is in the words and figures following, to wit

"The undersigned to whom, by a decree made at the present term of the court in the case of the patition (sic) of John Mayse heirs for the sale of lands, has been refered to (take?) and state an account, reports that from the statements of Reese Bowen and Octavius Yoe, made on oath before him, he reports that it would be to the interest of said heirs to have said lands sold, and that thirteen hundred dollars would be a reasonable value of said land, all which is respectively submitted Aug. 30, 1850

W. L. Lathim, Clerk "

And said report not being excepted to, is in all things confirmed. It is therefore ordered, adjudged, and decreed by the court that Marcus L. Daniel be appointed a Special Commissioner to make sale of said land. It is further ordered, adjudged, and decreed, that said Marcus L. Daniel, after giving forty days notice of the time and place of sale, at four public places in Grainger County, one of which shall be the court house door in Rutledge, of the time and place of sale, shall sell at the late residence of said John Mayse, deceased, on a credit of twelve months, except the sum of thirty dollars, which shall be paid in hand, all the lands of which said John Mayse died seized and possessed including the reversionary interest in the dower, in such lots or parcels as said commissioner shall deem most to the interest of said heirs, but the farm called the home place shall not be sold for less than eleven hundred dollars, and the fifty acre tract for less than two hundred dollars, said commissioner shall take bond and security for the purchase money and retain a lien on the land till the same be paid, and make report to the next term of this court.

Page 559 - dated Tuesday December the 31st 1850

The Heirs of John Mayse, deceased }

ex parte } petition for sale of lands

This cause came on be (sic) heard further, on this, 31st day of December, 1850, before the Hon. E. Alexander, Judge, &c., upon the petition, interlocutory decree and reports. And it appearing from the report of the special commissioner that the lands mentioned in the petition were sold for the amounts they were reported by the Clerk and Master, to be worth, that is to say, the home place said to contain two hundred and eighty five acres more or less, was sold to Reese Bowen for eleven hundred dollars, and the barren place, said to contain fifty acres was sold to Joseph Lynn for two hundred dollars, which several sums were paid or secured to be paid agreeably to said interlocutory decree The court therefore orders, adjudges and decrees that all the right, title and interest which the heirs at law of said "big" (sic) John Mayse, deceased, and said James K. McAnally [no i didn't miss him earlier - this is the first mention of him] have in and to the said 285 acre tract, be divested out of said heirs and said McAnally, and vested in the said Reese Bowen and his heirs forever; and that all the right, title and interest which the heirs at law of said big [no quotation marks this time] John Mayse, deceased, and the said James K. McAnally have in and to said fifty acre tract of land, be vested out of said heirs and said James K. McAnally and vested in the said Joseph Lynn and his heirs forever.

And a lien is hereby declared to be retained on said lands till the purchase money is paid. It is further ordered that said commissioner pay the costs and charges incident to said sale out of purchase money, and that he make distribution of the remainder among those justly and legally entitled to the same.