William
J. PERRY
1871
Sumner County, Tennessee
J. R. Barry (Clerk & Master) decree to
William Perry Sr., 1871
Source:
State of Tennessee, Sumner County - Be it remembered
at a Chancery Court began and held on the Fourth Monday in April in the year of
our Lord one thousand eight hundred and seventy one it being the truly fourth
day of said month in the Court House at the Town of Gallatin being the day
fixed by act of General Assembly for the holding of said Court. Present the
Honorable Charles G. Smith duly illicit commissioned and qualified to hold said
Court when the following among other proceedings were had.
William Perry Sr. vs. James W. Perry et als
- Final Decree
Be it remembered this cause came on to be
heard this day before Chancellor Smith on the exceptions to the depositions of
William Perry Sr. filed in this cause when it was ordered by the Court that
said exceptions be silenced and the deposition not permitted to be read.
Thereupon the cause came on to be further heard upon the Bill and answer, the
answer of the Guardian ad litem Exhibit and proof & etc. in the cause when
it appeared to the Court that on the 28th of February 1857 the complainant William
Perry Sr. made and executed a deed of gift of 78 acres of land to his son
Joshua S. Perry the Father of Defendant James W. and John W. Perry the boundary
of which are as follows to wit. Beginning on a small white oak, the NW corner
of my old tract thence S passing his Hickory White Oak and Sassafras corner at
12 poles in all 80 poles to a small dogwood chestnut and three Hickory pointers
thence E 57 poles to Red Oak thence N 6 poles to a stake dogwood pointers
thence E 88 poles to black gum and Chestnut thence N 74 poles to White Oak
thence W 165 poles to the beginning containing 78 acres and lying in the 15th
Civil District of Sumner County, Tennessee and that on the 30th of September
1858 the said complainant William Perry Sr. executed a conveyance to the said
Joshua S. Perry a tract of land containing 240 acres more or less the
boundaries of which are as follows situated in the County of Sumner State of
Tennessee District No_ on the head waters of the Middle Fork of Drakes Creek
bounded as follows; Beginning at a white oak and dogwood running East 127 poles
to a white oak sapling thence North 226 1/2 poles to a white oak thence West
127 poles to a Spanish oak thence South 226 1/2 poles to the beginning
containing two hundred and forty acres be the same more or less which said 240
acres includes the 78 acres given to the said Joshua S. Perry February 28th
1857, it further appearing that said conveyance of the 240 acres dated
September 30th 1858 appears on it face to be a deed of gift but the Court is
satisfied that said conveyance was not intended to be a deed of gift but it was
only intended to be a collateral security to the said Joshua S. Perry and was
executed under the following circumstances to wit The Complainant Perry was
indebted by Judgment to one Oscar Staley for about $94.00 which was stayed by
one H. M. Austin that said Judgment was transferred by said Staley to one James
Tally and that when the stay expired it was agreed that the Complainant Perry
might again Stay said Judgment and that he did procure one Miles Durham to Stay
said Judgment and the second time but who it upon the conditions that Joshua S.
Perry a son of Complainant would agree to become responsible to him Durham and
stand between him and all danger in opening said responsibility and that said
Joshua S. Perry did agree to become thus responsible to the said Durham in said
marker and that in order to secure the said Joshua S. Perry saw him harmless in
the said responsibility he had assumed for Complainant to the said Miles Durham
the Complainant executed to the said Joshua S. Perry the conveyance aforesaid
dated September 30th 1858 it being fully understood by both parties that such
was the object and intention of said conveyance and it being expressly agreed
and understood that the said Joshua S. Perry was to recovery said 240 acres
except the 78 acres conveyed February 28th 1857 to the Complainant William
Perry Sr. so soon as said Judgment was paid off and Joshua then released of
said responsibility. The Court being fully satisfied that such was the object
and intention of both parties to said conveyance and that and it was only
intended as a mortgage or collateral security to the said Joshua S. Perry for
the responsibility he had assumed to said Durham (except the 78 acres) and that
the appearance on the face of said conveyance that it was a deed of gift is a
mistake from which complainant is entitled to be relieved. The Court being
further fully satisfied that said judgment going to James Tally has fully paid
off and the object for which said conveyance was made fully accomplished and
that said Joshua S. Perry has since died without reconveying said land to the
complainant and that the defendant James W. and John W. Perry the only heirs of
said Joshua S. Perry the Court upon the whole case is pleased to order adjudge
and decree that the conveyance aforesaid of the 240 acres made by complainant
to the said Joshua S. Perry dated September 30th 1858 and Registered December
17th 1860 be cancelled and set aside and for naught held and that all the right
title estate and interest of the defendants James W. Perry and John W. Perry
heirs of Joshua S. Perry dec'd in and to said land be devested out of them and
vested in the complainant William Perry Sr. his heirs and assigns forever
except the 78 acres conveyed February 28th 1857 the boundaries of which are
hereabove set out which this decree is not intended to affect in any way but
which is to remain in full force and virtue. It is further ordered that
complainant William Perry Sr. pay the cost of this suit a lien is retained on
said land hereby decreed to complainant William Perry Sr. for the payment of
the fee of Geo. E. Seay complainant's solicitor. It further appearing that
defendant Withow? is the regular guardian of John W. and James W. Perry and
that Messers Guild and Blackmore are his solicitors in this cause it is ordered
that the C & M take proof and report as to what would be a reasonable fee
for said solicitors for the service in behalf of said Guardian.
State of Tennessee, Sumner County - I John
R. Barry, Clerk and Master of the Chancery Court in and for said County and
State do hereby certify that the foregoing is a full true and perfect
transcript of the decree pronounced by said Chancery Court in the cause wherein
William Perry Sr. is complainant and James W. Perry et als are defendants as
the same appears of record on file in my office. In testimony whereof I have
hereunto set my hand and affixed the seal of said Chancery Court at office at
the Court House in the town of Gallatin County and State aforesaid this the
seventeenth day of February in the year of our Lord one thousand eight hundred
and seventy two and in the 96th of American Independence. J. R. Barry, Clerk
& Master
Rec'd for registration
Registered and Examined the same day Rec'd.
R. H. Hallum, Reg. S. C.