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The following douments were thaken fom Carrol County Court record books and are unedited documents.


Carroll County Tennessee Court Minutes
December Term 1878

Wm Auvenshine  et al
            VS
G A Auvenshine  et al

Be it remembered that this cause came on to be heard before the Honl G W Humble Judge of the County Court for the County of Carroll and the State of Tennessee on the 5 day of December 1878 on the petition . answer of minor defendants the report of the Clerk which is unoccepted to and is there for confirmed.
 

Report of the Clerk to Dec term 1878
The undersigned would respectfully report that inobedance to the order of reference made in this cause at the present wun of the Court he preceded to take proof by disinterested and unex-ceptionable witnesses to wit J S Rogers & H B McAdams whose testimony is herewith submitted and that the facts established by the proof shows that the premises are so saturated that they are of such a description that it would be manifestly for the advan-tage of the parties that the said should be sold instead of par-titioned Your Clerk also report that he is abased and believes the fencing is down in many places and rotten and that the house's on the several places are ruinous condition and becoming worse from year to year Your Clerk reports the minimum value of the land at $5oo per acre and on a credit of one and two years the land would be worth 5 or 6 dollars per acre All of which is respectfully submitted         E Falkever

Page 749

And it appearing to the Court that the petitioners Wm Auven-shine John Auvenshine Poly Ann Pace Formerly Polly Ann Au-venshine whose husband is dead Myra Niciler Formerly Myra Auvenshine who intermarried with Albert Nicnler Martha Jane Auvenshine & Nancy Auvenshine and the Gatsey Allen Auven-shine Arminda Auvenshine & Moses Auvenshine as the heirs at law of Moses Auvenshine decd are entitled by decent to equal undivided interest  as tenants incomman in the land described in the pleadings towit. The first had lying in Carroll County and bounded as follows. Begining at the south west corner of a 200 acre tract know as the Wells tract running  west 24 poles to Stroker tract and corners on the north west corner of 144 acre tract granted in the name of Wm Mitchell then north to Robt Strokers corner on the big branch then west with the branch and corner on a 200 acre tract granted in the name of Thos R Adams containg 18 acres and 132 poles
Also one other tract of land lying in Carroll County adjoing the above and in the 17" Civil district of said county containing 58 acres & 53 1/2 poles and bounded as follows towit Begining on Grooms last boundary lines then east 200 poles to a tract of land entered in the name of Jas. Yee then north 26 7/8 poles and cor-ners on Yees land west boundary line Thence west and corners on the big branch thence with the branch and corners on the Grooms tract also one other tract of land in the same county and state and district on the waters of the Sandy River and bounded as follows Begining on the north west corner of Moses Auven-shine  tract of land and runs east with said line 122 1/2 poles to a stake thence south 215 poles thence west 73 1/2 poles to a stake thence north 115 poles to a stake thence west 47 poles to a stake with pointers thence north 100 poles to the Begining containing 130 acres more or less
Also one other tract of land lying in the same County & State and the Dist no 17 on the County and on the waters of big sandy and known as the Stroker tract of land being the north end

Page 750

of a tract entered in the name of Robt stroker for 240 acres and bounded as follows towit Begining on a stake small hickory pointers a North west corner of William Stroker and runs North 70 poles to a stake post oak pointers thence east 39 poles to a white oak thence north 60 poles to a black oak white oak point-ers  W H Grooms corner thence East with Grooms south  boundary 153 poles to a stake white oak pointers thence south 130 poles to a stake Chestnut & other pointers Thence west 192 poles to the begining containing 140 acres more or less from which track of 140 acres of land 20 acres & 13 poles from said during the life towit of Moses Auvenshine to one Grooms which 20 acres &13 poles is bounded as follows towit Begining on a black oak the the north west Corner of said entry running east 153 poles to a stake with white oak pointers  Thence south 21 poles to a stake buch and Chestnut pointers thence west 153 poles to a stake red oak pointers thence north 21 poles to the be-gining  Also one other tract of land lying in the same county and state and civil District and bounded as follows towit. Begining on a maple with pointers Thence west 66 poles to a stake Thence north 64 poles to a stake thence west 50 poles to a stake near where an old school house did stand on the Marlboro and Mansfield road Thence north 107 poles to a black gum and pointers thence east 94 poles to a black oak with pointers thence south 8 poles to a stake post oak & black oak pointers Thence east 21 poles to a stake thence south 163 1/2 poles to the begining con-taining 103 acres more or  less.  Also one other tract of land ly-ing in Burton Co 10" Civil District there of and State of Tennes-see and bounded as follows towit . Begining on a stake with red oak pointers the north east corner of a one hundred and ninety acre tract granted to F l Surratt runs south 108 5/6 poles with the east boundary to a small spanish oak and dogwood pointers east 147 poles to a dogwood with hickory spanish oak and dogwood pointers on the west boundary of said 192 acre tract north with the same 108 5/6 poles to a stake the N W corner of the same then east with the north boundary 147 poles to the begining Containing 100 acres more or less and it further appearing to the Court that each

Page751

one of the said heirs of the said Moses Auvenshine decd are en-titled to one ninth of the said land's or the proceeds there of ex-cept the said John & the said William whose shares are encum-bered in part by judgments against each of them And it futher appearing to the Court that letters of administration have been granted upon the estate of Moses Auvenshine decd but that the personal property belonging to said estate will be utterly suffi-cient to pay off and discharge all of the debts against the same  And it futher appearing  to the Court that the widow of the said Moses Auvenshine decd is also dead and that the parties men-tioned as petition's and those mentioned as defendants have a fee simple estate on the lands mentioned and described in the decree and that their interest are all vested And it futher appearing to the Court from the report of the Clerk and from the proof in this cause that the premises are so situated that they cannot be parti-tioned and that the premises are of such a description that it would be manifestly for the advantage of the parties that they should be sold instead of being denied It is there fore decreed that the Clerk after giving 30 days notice there of by advertise-ment to be published for four consecutive weeks in the Tennes-see Republican shall proceed to sell said several tracts of land at public sale in the town of Hollow Rock Carroll County Tenn to the highest and best bidden selling each tract seperably or oth-erwise so as to effect a sale on a credit of twelve and twenty four mounts except the sum of ten percent which he will require to be paid in cash taking notes with approved securty for the unpaid installments of the purchase money and retaining a lien on the land for the same he will report to the next term of the Court un-til which time all futher questions answered

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