From Grainger County Circuit Court Minutes, Volume 11:

Page 157 - dated Wednesday April the 26th 1848

Wm M. Moody, Berry Mayse, }
Edward Mayse, & William Mayse }
ex parte } petition for partition of land

The aforesaid petitioners this day filed their petition in open court praying a partition to be made of two certain tracts or parcels of land mentioned and described in said partition, of which Sherrod Mayse died seized and possessed in the county of Grainger, and which said petition alledges the said Sherrod Mayse devised to his sons Thomas Mayse, William Mayse [this name was crossed out], William Mayse [again, but not crossed out], Goodin Mayse, Dudley Mayse, and Jonathan Mayse. And because it appears to the satisfaction of the court [interjected here - from said petition] that the said Thomas Mayse is dead, but but (sic) his heirs at law who are non residents and live somewhere in the state of Missouri, it is ordered and decreed by the court that publication be made for three sucessive weeks in the "Knoxville Register", a public journal published in the town of Knoxville, notifying the heirs at law of the said Thomas Mayse dec'd and all others concerned to appear at the next term of [the Circuit - crossed out] this court to be held, for the county of Grainger at the court house in Rutledge, on the fourth Monday of August next, then and there to plead, answer or demur to said petition, or the same will be taken pro confesso [interjected here - as to them] and set for hearing apparte.



page 202 - dated Friday September the 1st 1848

Wm M. Moody, Berry Mayse, }
Edward Mayse, & William Mayse }
ex parte } petition for partition

It appearing to the court that publication has been properly made in this case, and that no answer, plea or demurer has been filed in this case, to said petition, it is ordered, adjudged, and decreed by the court that the allegations of said petition be taken pro confesso, and this cause set for hearing apparte [interjected here - at this term of the court]. And thereupon [came on to be finally hea - all crossed out] , on application of the said petitioners, by their counsel, it is ordered, [interjected here - adjudged and decreed by the court] by the court that James (T?) Carmichael, Daniel C. Carmichael, F. B. S. Cocke, and Jonathan Noe, be and they are hereby appointed commissioners along with Hughs W. Taylor, who is appointed commissioner and surveyor, - to make partition of the lands mentioned in said petition, between said petitioners, equally, as the law directs - and that they go upon the premises and make said partition - and make their report to the next term of this court; and that a writ of partition issue accordingly

court adjourned until tomorrow morning 7 o'clock
Samuel B. Boyd

and here is the partition:

pages 221,222,223 - dated Tuesday December the 26th 1848

Wm M. Moody, Berry Mayse, }
Edward Mayse, & William Mayse } petition for partition
ex parte } final decree

This cause cause (sic) coming on to be finally heard and determined by and before the Hon. Seth (L.?) W. Luckey, Judge, &c., upon the petition filed in this cause for a division of the lands mentioned in the petition and report of commissioners appointed at a former term of this court, to make partition &c. And the commissioners, F. B. S. Cocke, D. C. Carmichael, Jonathan Noe, James (S.?) Carmichael, and Hughs W. Taylor having made and filed their report of the division of said lands among the several tenants in common in the petition mentioned, in pursuance of the last will and testament of Sherrod Mayse, which report is in the following words and figures, to wit:
We the commissioners appointed by the Circuit Court of the county of Grainger at the August term thereof in the year 1848, to divide and appropiate the lands mentioned in the order [or? - can't make out] decree by which we were appointed, have met together on the premises, and after being duly sworn have performed the duties assigned to us as follows, to wit, we have allotted and appropiated to the heirs of Thomas Mayse, dec'd, a portion of said lands called lot no 1, and bounded as follows, to wit: Beginning at a beach (sic), the beginning corner of the original grant and survey, then south 15 east 216 poles to a Spanish oak, corner to a tract of land formerly owned by Joseph Daniel, deceased, then south 36 west 35 poles to a hickory, then north 20 1/2 west 228 poles to a sycamore on the bank of the river, then up the river with the meanders of the same to the beginning, containing 56 acres. To William M. Moody, assignee of Goodwin Mayse, lot no 2, bounded as follows, to wit: Beginning at a sycamore, north west corner of lot no 1 on the river bank then down the river with the meanders of the same 77 poles to a sycamore on the bank of the river which is the north west corner of the original survey, then south 7 east 32 poles to a stake near a marked beech, then south 47 east directly through the middle of the spring 24 1/2 poles to a stake, then north 63 east 72 poles to a stake in the line of lot no 1, then with the line of lot no 1 to the beginning, containing 27 1/2 acres. To William Mayse lot no 3 - beginning on a stake near a beech then south 73 east 130 poles to a stake then north 45, east 30 poles to a stake, then north 36 1/2, 24 poles (sic) to a stake with post oak and two cedar pointers, then north 17 west 38 poles to a stake, then north 72 1/2 east 20 poles to a stake, then south 30, east 18 poles to a hickory, then north 63 east 25 poles to a post oak, then north 53 east 47 poles to a stake in the line of lot no 1, then north 20 1/2 west with the line of lot no 1 52 poles to a stake corner of lot no 2, then south 63 west 72 poles to a stake corner of lot no 2, then north 17 (47?) west 24 1/2 poles passing directly through the middle of the spring to the beginning containing 42 acres.
To G. B. Mayse lot no 4 bounded as follows. Beginning at a hickory south west corner of lot no 1 then south 36 west 69 poles to a stake, then north 49 west 107 poles to a stake, corner to lot no 3, then north 36 1/2, 24 poles to a stake with post oak and hickory pointers, then north 17 west 38 poles to a stake, then north 72 1/2 east 20 poles to a stake, then south 30 east 18 poles to a hickory, corner of lot no 3, then north 63 east 25 poles to a post oak bush, then north 53 east 47 poles to a stake in a line [with -crossed out]
of lot no 1, then with said line to the beginning containing 62 acres. To Edward Mayse lot no 5, bounded as follows, beginning on a stake corner to lot no 3 and 4 then south 49 east along the line of lot no 4, 107 poles to a stake in the line of the original grant, then with the said line south 36, west 37 poles to a Spanish oak, then west 20 poles to a hickory and post oak, then south 10 poles to a post oak in Kidwell's line, then north 60 west 83 poles to a dead hickory and marked white oak, then south 33 west 46 poles to a walnut, then north 53 poles to a stake, then north 45 east to the beginning containing 64 acres. Given under our hands and seals this the 21st day of September 1848.
F. B. S. Cocke (seal) D. C. Carmichael (seal) Jonathan Noe (seal) Jas (T?) Carmichael (seal) Hughes (sic) W. Taylor (seal) [Sun -crossed out] Com. & Surveyor

[there is a plot map here that i can't reproduce in this forum]

"This plot is laid to fifty poles to the inch and correctly represents the division of the land as made by the commissioners"

And said report not having been excepted to by either party the same is in all things confirmed. His Honor is therefore pleased to order, adjudge and decree that in pursuance of the division and alloment of said lands, by said commissioners, the land included in lot no 1 containing 56 acres according to the boundaries thereof to and the same is hereby divested out of the several heirs, and devised under the will of the said Sherrod Mayse, and vested in the heirs and representatives of Thomas Mayse dec'd in fee simple forever, and also that the title to the lands containing 27 1/2 acres included in the lot number two, according to the boundaries be divested out of the heirs and devises of the said Sherrod Mayse under the will, and be vested in William M. Moody and his heirs and assigns, he having purchased the same from Goodwin Mayse, one of the devises under the will of Sherrod Mayse, and also that the title to the lands included in the lot number three, containing 43 acres, according to the boundaries thereof, be and the same is hereby divested out of the several devises [of -crossed out] under the will of the said Sherrod Mayse, and vested in William Mayse, his heirs and assigns in fee simple forever. And also that the title to the land inclued (sic) in lot, number four, containing 62 acres, according to the boundaries thereof, be and the same is divested out of the several devises under the will of the said Sherrod Mayse, and vested in G. B. Mayse, he having purchased the balance of the shares of his brothers in the share of Dudley Mayse, a devisee under the will of the said Sherrod Mayse, his heirs and assigns in fee simple forever. And also that the title to the land in lot number 5, containing 64 acres according to the boundaries, be and the same is hereby divested out of the several devises under the will of the said Sherrod Mayse, and the same is hereby vested in Edward Mayse, his heirs and assigns in fee simple forever. All of which boundaries are fully set out in the report of said commissioners. And His Honor is further pleased to order, adjudge and decree, that the petitioners pay the costs of this application for which execution may issue - and that the surveyor be allowed $250 [probably $2.50 - not clear] and the other commissioners $1.00 per day, for the times they were engaged in making the same, to be taxed in the bill of costs - and that a copy of this decree, and a copy of the petition in this case, be registered in the Register's office of Grainger County.