Thursday 21st October 1852
Court met pursuant to adjournment
Present the Same Judge as on yesterday
David Winchester and others vs. Alfred E. Jackson, John A. Aiken & wife et. al.
Be it remembered that this cause came on further hearing on this 21st day of October 1852 before the Circuit Court of the United States setting in Knoxville, upon the Bill + amended and supplemental Bills and Bills of reviews and Exhibits and the Answers and the proof and upon the Report of the Special Commissioner appointed to take and State an account by former Decrees in this Cause. And it appearing to the Court from the Account as taken that the defendant Alfred E Jackson is chargeable with the sum Four hundred and Sixty five Dollars 77/100 being the value of the plate and furniture and interest thereon up to 11th August 1851. Which by former Decree he is adjudged to be responsible for to Complainants, and the said Alfred E. Jackson, here in open Court agreeing that a Decree shall be pronounced against him for the same with interest thereon from the said 11th day of August 1851, the date to which interest was computed in taking said Account, it is therefore ordered, adjudged, and decreed by the Court that the Complainants recover of the said Alfred E. Jackson said sum of Four hundred and Sixty five Dollars 77/100 and the further sum of Thirty three Dollars 34/100, the interest then up to this date, making together the sum of Four hundred and Ninety Nine dollars 11/100 for which execution may issue And it also appearing to the Court, that at the time of the rendering of the Judgement at law, the said Saml Jackson was the owner of the lot No. 25 in the town of Jonesboro, Tennessee, which lot more particularly described in the pleadings, and which said owner said Samuel Jackson divested himself of all interest in, so far as his heirs are concerned, and so as to obviate the necessity of having said heirs before the Court. And so to obviate the necessity of having a plea of fully administered in favor of his personal representatives, but that as to creditors of who complainants as justly such, said lot in subject to the satisfaction of the debts of said Samuel Jackson. And it further appearing that said defendant John A Aiken is not entitled by virtue of the entry of said lot and his founded thereon to oppose the right of Complainants to have said lot sold in satisfaction of their said Judgements at law. The Court doth therefore further order adjudge and decree, that the March session after first advertising for forty days in the Knoxville Register and the Courthouse Door in Jonesboro, the time, the place, and time of sale shall expose said lot No. 25. And more particularly described in the supplemental file filed in 1840, to public sale at Courthouse door in Jonesboro for Cash, and the proceeds of said sale shall be paid over by the Marshall to the Complainants, or their solicitors, And it is further ordered, adjudged, and decreed by the Court, the Marshall shall be allowed for his services in making said sale the sum of Fifty Dollars, which shall be paid out of the fund And the balance of the fund shall be paid to Complainants, And that the Costs of this Cause not heretofore adjudged including the Costs of the special Commissioner who took the account, showing the value of the plate and furniture, chargeable to Alfred E Jackson, shall be paid by said Alfred E Jackson, And that execution issue for costs as heretofore, And hereby Adjudged, And to the purchaser of said lot at the sale of the Marshall if necessary, a writ of possession shall issue, And the Master of this Court will after a Confirmation of the sale, by the Court, execute a deed in fee to the said purchaser.
There being no further business before the Court. Court adjourned until Court in Course.
M.W. Brown
Thursday 21st April 1853
Court met pursuant to adjournment. Present the same Judge as on yesterday.
David Winchester et. al. vs. Alfred E. Jackson et al
In this cause the counsel for Respondents moved the court for leave to file a Bill of Review
Court adjourned until tomorrow morning 10 o’clock
W H Humphreys, District Judge
Friday 22nd April 1853
Court met pursuant to adjournment. Present the same Judge as on yesterday.
David Winchester et. al. vs. Alfred E. Jackson et al
In the cause the solicitor of Complaint having moved then
Tuesday 25th October 1853
Court met pursuant to adjournment. Present the same Judge as on yesterday
David Winchester et. al. vs. Alfred E. Jackson et al
Be it remembered that this cause came on again hearing before the Honorable West H. Humpreys, District Judge of United States Court on the motion made at last term of this Court. And the Report of the former Marshall as to the sale of the lot in the pleadings and the last decree of the Court mentioned ordering sale, and it appearing therefrom to the Court that the sum ordered to be retained of the last term by the Solicitor of the Complainant is yet in his hand, and that said sum of twenty dollars in addition to the fees heretofore taxed and received by D. Sevier, Special Commissioner for taking the account, will be only reasonable compensation to him for the service rendered by him. And it further appearing, that the former Marshall sold said lot of ground in the supplemental bill last filed, and therein described in pursuance to the last decree pronounced in this cause ordering a sale to Joseph S. Rhea + Z.L. Bursan. For an Odd Fellow’s Lodge, and that the purchase money has been fully paid to the former Marshall, and by him paid over as directed by said Decree. It is therefore ordered, adjudged, and decreed by the Court that the Solicitor of the Complainant William H. Sneed pay over to the said D. Sevier, said sum of twenty dollars now in his hands, and that the present Marshall execute a deed to said purchasers or their assigns on the presentation by them to him of a proper deed conveying said lot of land, and the hereditaments and appurtenance thereto belonging or appertaining, at the costs of said purchasers, And it is further ordered, adjudged, and decreed by the Court, that the persons in possession of said lot of land be, And they are hereby ordered and required to deliver upon the possession of said lot of land to said purchasers, And that a copy of this order on the demand of said purchase be issued and served upon whomsoever may be in the possession of said lot of land.
It appearing to the Court, that there is no further business before the Grand Jury. And that their service will not probably be further required at the present term of the Court, It is therefore ordered by the Court that said Jurors be, and they are hereby discharged from further attendance upon the Court.
Court adjourned until tomorrow morning 9 October. W. H. Humpreys