Tax, Court, and Wills
of Carroll County, Mississippi...

Sarah F. Calhoun Chancery Court Record

Submitted by Lee Register

Carroll County, Mississippi Chancery Court – Final Records, V. 4, 1872-1875, PP 356-365

SARAH F. CALHOUN BILL

I. L. GORDAN ET AL In Chancery Court

In State of Mississippi

20 April term AD 1874

Carroll County

Sarah F. Calhoun by her next friend, J. A. Calhoun vs Isaac L. Gordon, et al.

To the hone D. W. Coffee Chancellor of 11th District of said State sitting for said county.

This Bill of Complaint is exhibited by Sara F. Calhoun through her next friend J. A. Calhoun against Isaac L. Gordon, J. A. Webb, George R. Gordon and against her husband O. G. Calhoun all citizens of Carroll County except J. A. Webb, who is a citizen of Madison County said State and humbly complaining of your Oratrix would respectfully show unto your honor that on the 30th day of October 1872 in Carroll County Circuit Court Isaac L. Gordon, J. A. Webb and George R Gordin received a Judgment against her husband for $1763.14 and that under an Execution terminating from Said Judgment M. N. Tuttle the Sheriff of said County levied the same upon and afterward sold the following described lands and which comprised the homested of your oratrix & her husband, viz E 1/2 of NE 1/4 of Sec 33 T17 R4 East and the SE 1/4 of NW 1/4 of NW 1/4 of Sec 34 & SW 1/4 of NW 1/4 and two (2) acres of all the NW corner of the SW 1/4 of Section 34 all in Township 17 Range 4 East. Your Oratix states that said Tuttle as Sherriff Executed and delivered a deed to said Lands to the said Webb, I. L. & G.R. Gordon who are seeking possession of the same by an action of Ejectment now pending in the Circuit Court of Carroll County against your Oratrix and her said husband the deft. hereto O. G. Calhoun relying upon sd Sherriff's deed. Your Oratix now states and will show unto your honor that in law and Equity the Title to the whole of said lands was in her and that the same was not liable to the Execution against her husband under which the same was sold as the advised. She states that the deed therewith filed as Exhibit A and prayed to be regarded as a part of this Bill conveying to her said husband lands therein described viz E 1/2 of NE 1/4 of Section 33 Township 17 R4 east is as she is advised so far as his Title is concerned an absolute mility because it belonged to her Father Duke W. Wilshire and was sold by the Sherrif without authority of law under an Execution against the admx of said Estate, but that it was sold under an agreement by and between her and her co-heirs in order that its value might be ascertained as it was agreed to pursue this course with a certain lands belonging to her fathers Estate instead of a transaction and by the consent of all parties in interest it was allotted to her she being required to pay to the other heirs whatever was over and above her prorated share of the entire funds of all the lands so sold at which said sale her husband representing her bid off said land in said Exhibit . . . by mistakes on inadvertence the Sheriffs deed was Executed conveying the Title in his name but for which he never paid a dollar of his own money the consideration being satisfied out of her interest in her Fathers Estate and on which your Oratix & husband have since devidt(?) which possessed. Yr Oratrix therefore charges that legally and Equitably she is the owner of this land and that the legal Title in her said husband was mainly and in truth for her if valid at all.

Your Oratrix further avers and charges that the land described in Exhibit B hereforth filed as a part of this bill viz SE 1/4 of NW 1/4 & NW 1/4 of NW 1/4 of Section 34 T17 R4 East is also her separate property as the same was entered in her name & paid for with her separate money. Your Oratrix further states and charges that the Equitable Title to the SW 1/4 of NW 1/4 and two (2) acres off of the NW corner of the Southwest 1/4 of Sec 34 Township 17 R4E is in her & the legal title is held in trust for her by J A Calhoun, because the same was conveyed by said J A Calhoun as Trustee together with other property including aforementioned lands. Now these entered in satisfaction & payment of a debt due by her said husband to him for money & property of hers which he had borrowed and used the deed to which was Executed 18th day of January 1871 and is herewith filed as Ex. "C" and prayed to be considered as a part hereof and in good faith delivered to your Oratrix to Indemnify and satisfy his claim against him for money & property of her separate Estate by him used.

Your Oratrix now states that the action exactment instituted as aforesaid will be prosecuted at the next term of the Circuit Court unless the Plffs therein shall be restrained and she is apprehensive that she will be unable to maintain her Title and possessions of said lands except through the will of this court and its decree establishing in her or her Trustee the legal Title to all of said 5 lands which is in Equity and of right belong to her for the changes that of the lands herein described none was the property of her said husband and especially does she charges that portion upon which she and her husband have dwelt for more than twenty five (25) years as homestead was not liable to Execution against her said husband at the time of the ? sale and Execution of the deed by the Sheriff under which deed defendants who are plffs in the ejectment suit claim. Annoyed and anxious believing her right to the possession of the lands to be ? she ? in confident to this court to aver the hazard of a verdict of a motley Jury in the Ejectment suit before mentioned and therefore considering the premises she prays that the parties against whom she files this Bill may the Subjoinded, according to law and that Each may be required to answer the allegation under Oath and specially interrogated as to Each and upon the final hearing hereof your Oratrix prays a decree declaring the lands herein before described to be her separate property as held under the laws of this State. And whilst this Bill is pending your Oratrix prays a writ of injunction to restrict the said parties who are prosecuting the Suit of Ejectment and finally to perpetually restrain them their heirs assigns & attys from disturbing her or those claiming through her in the quiet and peaceable possession of said lands and from such other & further relief she may in Equity and good conscience be entitled or for general relief. And as in duty bound she will ever pray

James Somervill

Keyes & Nelson

Sol

The State of Mississippi

Carroll County

Before Mr James Hart, a justice of the Peace in and for said County F. W. Keyes Agent & Atty for complainant who being duly sworn on Oath states that the allegation of the foregoing Bill of Complaint are True as he verily believes of his own Knowledge and the Information he has had.

F. H. Keyes

Agent & Atty

for Complainant

Sworn to and Subscribed

this the 26 day of March 1874

James Hart, J.P.

Mar 26, 1874

State of Mississippi In Chancery Court

Carroll County 20 July Term 1874

Sarah F. Calhoun by next Friend Amended Bill

v

I. L. Gorden Et al

To the hone P. P. Baily Chancellor of 11 Dist

Humbly complaining your Oratrix Sarah F. Calhoun by her next friend J. A. Calhoun files this her amended Bill under levie? the Court granted at the last term against Isaac L Gorden George R. Gordin J. A. Webb and her husband O. G. Calhoun defts and would respectfully show unto your honor that on the 26th March 1874 your oratrix filed her original Bill against said parties defendant in which was discribed a Judgt of the Circuit Court of this County in favor of I L & G R Gordin & against O. G. Calhoun her husband and upon an execution of which the Shff of said County levied upon and sold certain lands therein described as the lands of O. G. Calhoun & to which said Shff Executed a deed to the plff in said Judgt & Execution. And that at said sale your Oratrix claim of Title to said land was made known to said plffs who became the purchasors at said sale before they bid for said lands. Your Oratrix also in said Original Bill shows to the Court by her alligations and Exhibits that she held a complete equitable Title to a part of said lands and perfect legal Title to a part and that her said husband had never held any Title to any portion of the same Except to the SW 1/4 of NW 1/4 and two (2) acres off of the NW corner of SW 1/4 of Sec 34 of T17 R4E which had been conveyed to said J. A. Calhoun in part for your Oratrix with other property in payment of an indebtedness due your Oratrix by and from her said husband the deed which was filed as Ex "C" to her Original Bill. Your Oratrix also showed in her Original Bill that said Webb & others have instituted an action of Ejection against your Oratrix & her husband for all of said lands embraced in said Shffs deed and which is now pending in the Circuit Court of said County against which your Oratrix appealed to this Court for protection urging that said lands were not ? to be sold under an Execution against her husband and that only in a Court of Equity could she be protected and praying Subjoined for said parties defendants and that upon final hearing a decree of injunction ? granted restraining said Webb & others from annoying her by said Ejectment suit and also declaring the Title to all said lands to be in your Oratrix and her said Trustee to which said Bill the said defts Gordin & Webb dimurned upon & among others that her Equitable Title could be made as a defense at law which decission was restrained and leave granted to yr Oratrix to file this amended Bill.

Your Oratrix would now respectfully show unto your honor in addition to the allegations of her Original Bill her right to appeal to this Court is bound upon the reason among others that the law which at one time permitted a party holding a complete Equitable Title to set it up in defense toward action of Ejectment at law has been repealed and that now under our State laws nothing but a perfect legal Title can be made available at law. Your Oratrix also states and charges that the deed of the Shff to the said Webb and the Gordins casts a cloud upon her Title to said lands and embarrasses her right of disposition of the land. Your Oratrix would also show unto your honor that she is possessed of a complete Equitable Title to the larger portion of said lands as shown by her Original Bill and a perfect legal title to a part of said land is in your Oratrix all shown in the O. Bill. She again insists as she did in her Original Bill that as to a portion of said land though the legal Title was in her said husband yet he only held the same in trust for your Oratrix it having been acquired from her Father's Estate and that the same was not liable to sale under said Execution in the hands of said Sheriff. Your Oratrix asks subpoenas to the said parties deft giving them notice of the filing of & requiring them to answer this amended Bill and upon final hearing your Oratrix prays your honor in consideration of the allegations of the matters & things contained in her Original Bill and in the amended Bill to grant further relief prayed in her Original Bill and that the deed of the Sheriff to said J. A. Webb, Geo. R & Isaac L Gordin to said lands be cancelled and held for naught or for such other & further relief as an Equity & good conscience she may under the circumstances be entitled to and for generous relief and as in duty bound she will even pray.

James Somerville

Keyes & Wilson

Solictors for Complt

The State of Mississippi

Carroll County

Before me John P. Marshall Clerk of the Chancery Court in & for said County this day personally came F. W. Keyes Agent & ally for Complainants who being duly sworn on oath states that the allegations of the foregoing amended Bill of Complainant true as he verily believes from his knowledge & information.

F. W. Keyes

Agent & Ally for Complainants

Sworn To & Subscribed

this 3d day of June 1874

J. P. Marshall, Clerk

By T. H. ?, D.C.

Filed June 3, 1874

J. P. Marshall, Clerk

By T. H. ? DC

The State of Mississippi

Carroll County

To The Sheriff of Madison County, greeting

We commend you to summons J. A. Webb if to be found in your County to be and personally appear at the next term of our Chancery Court to be holden in and for Carroll Count at the Court house in the Town of Carrollton on the first Monday of April A.D. 1874 then & there to answer the Bill of Complaint filed against him & others by Sarah F. Calhoun through her next friend J. A. Calhoun and further to do and receive what our said Court shall considered in this behalf and this you shall in no wise omit under the penalty of one hundred dollars as well as the consequence that may fall thereon and have then there this writ. Given under my hand and seal of said court the 26th day of March AD 1874.

J. P. Marshall, Clerk

By R. J. Davis, D.C.

Somervill Keyes & Wilson Solicitors

J. A. Webb not found in my County after diligent search this 28th March 1874.

R. J. Poss,(?) Sheriff

The State of Mississippi

Carroll County

To the Sheriff of Hinds County Greeting

We command you to summons J. A. Webb if to be found in your County To be and personally appear at the next term of our Chancery Court to be holden in and for Carroll County at the Court house in the town of Carrollton on the first Monday of April A.D. 1874 then and there to answer the Bill of Complaint of Sarah F. Calhoun by next friend J. A. Calhoun and further to do and receive what our said Court shall have considered in this behalf and this you shall in no wise omit under the penalty of one hundred dollars as well as the consequence that may fall thereon, and have then there this writ.

Given under my hand and Seal of said Court this the 30th day of April A.D. 1874

J. P. Marshall, Clerk

By R. J. Davis, D.C.

Recd this 31st day of March 1874

Wm H. Harney, Shff

M. M. McLord, D.S

Executed on the within named Webb by Exhibiting this Writ and stating contents. Also by handing him a true copy of the Same this 31st day of Mch 1874

W. H. Harney, Sheriff

By James P. Steele, D.S.

The State of Mississippi

Carroll County

To the Sheriff of Carroll County greeting. We command you to summons Isaac L. Gordin, George R. Gordin & O. G. Calhoun if to be found in your county to be and personally appear at the next term of our next Chancery Court to be holden in and for Carroll County at the court house in the town of Carrollton on the first Monday of April A.D. 1874 then & there to answer the Bill of Complaint as filed against them & others by Sarah F. Calhoun through her next friend J. A. Calhoun and further to do and receive what our said Court shall have considered in this behalf and this you shall no wise omit under the penalty of one hundred dollars as well as the consequences that my fall thereon and have then there this writ.

Given under my hand and seal of said court this 26th day of March A.D. 1874

J. P. Marshall, Clerk

By R. J. Davis, D.C.

Somerville Keyes & Wilson Solicitors

Executed by handing a true & correct copy to I L Gordin, O G. Calhoun & the said G R Gordin cannot be found in my County.

Mch 3, 1874, L. Tuttle, Jr. Shff by J. L. Cain, D.S.

The State of Mississippi

Carroll County

To the Sheriff of Hinds County greeting, we command you to summons J. A. Webb if to be found in your county to be and personally appear at the next term of our Chancery Court to be holden in and for Carroll County at the Court house in the town of Carrollton on the first Monday of July A.D. 1874 then & there to answer an amended Bill of Complaint Exhibited in said Court by Sarah F. Calhoun by her next friend J. A. Calhoun and further to do and receive what our said Court shall have considered in this behalf and this you shall in no wise omit under the penalty of one hundred dollars as well as the consequences that may fall thereon and have then there this writ.

Given under my hand and Seal of said Court this the 12th day of June A.D. 1874

J. P. Marshall Clerk

By R. J. Davis, D.C.

Received this 13th of June 1874

Wm. H. Harvey? Shff by M. M. McLoud? DS

Executed the within summons on J. A. Webb formally by exhibiting and stating contents also by delivering to said Webb a true copy thereof this 13 day of June 1874. Wm. H. Harvey, Shff by H. V. Barr, DS

The State of Mississippi

County of Carroll

Circuit Court - To the Sheriff of Carroll County greeting. We command you to summon Warren Carter, John T. Mcdougall, J. J. Dubard, Daniel Wilshire if to be found in your County personally to be and appear before the judge of our next Circuit Court to be holden in and for said County at the Court house in the Town of Carrolton on the 3rd Monday of November 1873 To wit on Monday the first day of said term of said Court to attend from day to day untill discharged by the Court of law then & there to give evidence in behalf of the plaintiff in a certain cause therein finding wherein O. G. Calhoun plaintiff and J. A. Webb etal defendants. Herein fail not under the penalty prescribed by law.

Witness my hand and seal of said Court at Carrollton this 20th day of Septr AD 1873 the same being the date of the issue and hereof.

R. C. Hansbrough Clerk by R. J. Davis, DC

Executed Nov 13th 1873 - M. H. Tuttle Sheriff by Geo M. Ransom, D Shff

State of Mississippi

Carroll County

In Carroll Chancery Court to April Term 1874

To the hone Dallas P. Coffey Chancellor for the 11th district of the State of Mississippi presiding for the 1st district of the County of Carroll at Carrollton and the said defendants Gorden & Webb came and demurs to the bill filed against them & others in the writ by Mrs. Sarah F. Calhoun by her next friend & for course of dimension assigns the following, 1st of all the subject matters of said bill. Complainants remedy is completely adjustice at law.

2nd - Complainant carefully defends herself as to the lands in which her title is only Equitable in a Court of law.

3rd Complainant can fully defend an action at law and is not equitably to relief in a writ of Equity.

4th. Said bill is otherwise informal and insufficient.

Smitman & Williamson for de murers