PETITION FOR SALE OF LAND
In the matter of the estate of
Samuel CARR, deceased.
The State of Mississippi
Winston County
Probate Court
May term 1862
To the Honorable S. W. SMYTH Judge of the Probate Court of said county.
The petition of David McMILLIN administrator of the goods & chattels
rights and credits which were of Samuel CARR late of said county deceased shows
to your Honor that the assets in the hands of this administrator are
insufficient to pay the claims against the said estate now registered.
That the assets in the hands of this administrator after the sale of all the
personal property thereof (next line or two missing off the page) dollars and
the amount of the registered claims to the sum of eleven hundred and sixty nine
64/100 dollars as will appear by reference to the amount of sale and register
of claims on file in the office of the probate court of said county. The
premises being considered your petitioner prays this Honorable court to grant
unto him an order or decree authorizing him to sell the real estate of the said
decedent or as much thereof as will be sufficient to pay the debts thereof
after exhausting the personal assets in hand or such your honor shall (shall
crossed out) may deem most just and proper and that citation may issue to the
several heirs at law of said decedent to wit. Nancy CARR, widow of said
decedent and his children to wit. William, Nathaniel, Elizabeth Jane &
James Samuel CARR, Amzi, Mary Alice Joseph, Margaret Ann (& James crossed
out) to be and appear before this honorable court at the June term 1862 thereof
to show cause if any they care why the prayer of your petitioner should not be
granted and the said real estate sold to pay the debts as aforesaid. Your
petitioner also shows to your honor that said real estate consist of a tract of
land situated in said county on which the said decedent resided next before his
death. The metes and bounds of which and the number of acres contained therein
is as follows. The SW ¼ of SW ¼ Sec 6, R 11, & NE ¼ of
NE1/ 4 of sec 12 T 14, R 10 & containing 80 acres more or less.
The premises being considered your petitioner prays your honor that upon
final hearing of this petition that guardian ad litem may be appointed for the
said minor children of the said decedent and that your honor will grant unto
your petitioner
an order or decree authorizing him to sell the said tract of land as
aforesaid or so much thereof as will be sufficient to pay the debts aforesaid
on such ------ and such terms as your Honor shall deem just and proper. And
your petitioner will as in duty bound ever pray etc.
David McMILLIN
Sworn to & subscribed before
me on this 18th day May of AD 1862
E. D. HYDE
I Hereby certify that the last foregoing petition was duly recorded by me
this 26th day of November AD 1862
E. D. HYDE clerk
CITATION
The State of Mississippi
To the sheriff of Winston County – Greeting.
We hereby command you to summon Nancy CARR widow of Samuel CARR deceased,
William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice, Joseph ,Margaret Ann and
James Samuel CARR heir at law and distributees of the estate of said decedent,
if to be found in your county personally to be and appear before the judge of
our probate court for the county of Winston at the court house thereof in the
town of Louisville on the 2nd Monday in June next then and there to show cause
if any they can why the petition of David McMILLAN administrator of said
decedent for sale of the following lands./ To wit: S W ¼, Sec 6, T 14, R
11 & NE ¼ of N E ¼ of sec 12, T 14, R 10. E. should not be
granted and further to do and suffer such things as shall be considered and
ordered by our said court in the . And have you then there this writ.
Witness the Hon. S. W. SMYTH Judge of Probate of
said county at the court house thereof the 2nd Monday
in May AD 1862
Issued the 14th day of May AD 1862. E. D. HYDE clerk
Executed in full by leaving copy at residence.
May 28th 1862 M. A. METTS shff.
Fee $5.00
ANSWER OF GUARTDIAN AD LITEM
The joint and several answers of William, Nathaniel, Elizabeth Jane, Amzi,
Mary Alice, Joseph, Margaret Ann and James Samuel CARR minor heirs at law of
Samuel CARR deceased to the petition of David McMILLIN administrator of the
estate of said decedent for sale of certain lands therein described for the
payment of debts by E. D. HYDE their guardian ad litem.
These respondents by their said guardian ad litem saying etc. for answers to
said petition as to so much thereof as they are advised it is necessary and
proper for them to answer. Answering and say that by reason of their minority
and inexperience they are incapable of being informed in the matters and things
contained in said petition and can neither admit nor deny the same wherefore
they submit their interest to the care and protection of this honorable court
and pray that the allegations of the petitioner may be sustained by strict
legal proofs. And having fully answered, your respondents pray to be discharged
with their reasonable cost.
E. D. HYDE
Guardian ad litem of William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice,
Joseph, Margaret Ann and James Samuel CARR.
To the Hon. S. W. SMYTH Judge of the Probate of Winston County.
Wits. Recorded Dec 3rd, 1862
E.D.HYDE Clerk
IN THE MATTER OF THE ESTATE OF SAMUEL CARR, DECEASED
(CITATION)
The State of Mississippi
To the sheriff of Winston County.
We hereby command you to summon Nancy CARR, widow of Samuel CARR deceased
and William, Nathanial, Elizabeth Jane, Amzi (in census records it is Anpsia),
Mary Alice, Joseph, Margaret Ann and James Samuel CARR, heirs at law and
distributees of the estate of said decedent. If to be found in your county
personally to be and appear before the judge of our Probate court for the
county of Winston at the court house thereof in the town of Louisville on the
2nd Monday in November next, then and there to show cause if any they can why
the petition of David McMillan adm. of the estate of said decedent praying for
sale of certain land therein described for the payment of debts should not be
granted and further to do and suffer such things as shall be considered and
ordered by our said court in the premises and have you then show this
court.
Witness: The Honorable S. H. SMYTH judge of Probate of said county at the
courthouse the 2nd Monday in Sept. AD 1862.
Issued this 30th day of October AD 1862.
E. D. HYDE clerk
Received Oct 1862. M. A. METTS Shff. L. P. METTS Dep.
Executed Nov 6th 1862. M. A. METTS Shff L. P. METTS Dep.
ANSWER OF GUARDIAN AD LITEM
Commissioner of the estate of said decedent for sale of certain lands
therein described for the payment of debts.
These respondents by the guardian ad litem E. D. HYDE saying etc. for answer
to said petition as & do much thereof as they are informed that it is
necessary for them to answer, answering say that by reason of their minority
they are incapable of being properly informed of the matter and things
contained in said petition. And can neither admit nor deny the same wherefore
they submit their interest to the protection of this Honorable Court and pray
that the allegations of the petitioner may be required to be substantiated by
strict and legal proofs. And now having fully answered your respondent prays to
be discharged.
Guardian ad litem of William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice,
Joseph, Margaret Ann & James Samuel CARR.
To the Hon. S. M. SMYTH
To the State of Mississippi
Winston County I, E. D. HYDE, clerk of Probate Court of said county do
hereby certify that the last foregoing citation etc. was duly recorded by me
this 3rd day of February AD 186-.
E. D. HYDE
In the matter of the sale of the real estate of Samuel CARR deceased.
To the Honorable --. C. EDWARDS, Judge of the probate court of Winston
County, State of Mississippi.
The undersigned administrator of the estate of Samuel CARR deceased
respectfully report that by virtue of the order of this Honorable Court made at
the November term AD 1862 directing and authorizing him to sell the real estate
of his intestate described in his application on this behalf after notice made
out duly given according to the statute and the directions of said order he did
on the 15th day of December AD 1862 at the court house door in said county
between the hours of eleven in the forenoon and four in the afternoon of said
day then and there expose
at public sale in pursuance of notice a copy of which marked exhibit
“B” is hereunto attached and made a part of this report. And sold
to the highest bidder the real estate mentioned in said petition on a credit
until the Jany 1st 1864. That the sale was continued until the estate was fully
disposed of. For a full account of which said sale with the names of purchasers
and the highest amounts bid for the same the undersigned begs leave to refer
your honor to the ------ of sales herewith filed marked exhibit “A”
and prays to be made a part of this report. Said account of sales amounting in
the aggregate to the sum of eighty dollars. And your petitioner further reports
that all of said purchasers has given bond unto good and sufficient securities
for the ---- most of the sums bid by his respective for said real estate which
was sold on credit. Having now fully reported his proceedings in his behalf
your petitioner prays your honor that the sale may be approved and confirmed by
this honorable court. (the next line runs off the page)
State of Mississippi
Winston County
Before me, E. D. HYDE, clerk of the Probate Court of said county personally
appeared F. M. COWAN, who stated an oath that he acted as crier at the sale of
the real estate of Samuel CARR deceased on the 15th day of December AD 1862 and
that the following schedule contains a true and accurate account of said
sale.
Sworn to and subscribed before me
This 15th day of December AD 1862. F. M. COWAN
E.D.HYDE clerk
EXHIBIT “A”
Account of sales of real estate of Samuel CARR deceased made at the court
house door in said county in Winston County on the 15th day of December AD 1862
by David McMILLIN administrator of said deceased.
Articles sold Names of Purchasers Amt. of sale
S/W ¼ of S/W ¼ Sec 6, T 14 R 11 Nancy CARR $40.00
N/E ¼ of N/E ¼ Sec 12, T 14, R10 Nancy CARR $80.00
The State of Mississippi
Winston County
Before me, E. D. HYDE, clerk of the Probate Court of said county, personally
appeared Wm. S. BOLLING and S. B. CROW who being sworn did depose that they
were present at the sale of the real estate of the late Samuel CARR ,deceased,
Ata the court house door in said county on the 15th day of December AD 1862.
That the said sale was performed at public outcry within the hours prescribed
by law and after being duly cried was struck off to Nancy CARR for the sum of
one dollar for acre and that said sale was in all things fairly conducted and
that the sum of one dollar for acre was as much as could be obtained for the
said premises.
Sworn to & subscribed before me
This 15th day of December 1862. WM. S. BOLLING
S. B. CROW
E. D. HYDE
EXHIBIT “B”
Administrator Notice of Sale of Real Estate
By virtue of an order of the Probate Court of Winston County Mississippi,
made at the November term 1862 thereof the undersigned administrator of the
estate of Samuel CARR, deceased will on Monday the 15th day of December next
between the hours of 11 o’clock in the forenoon and 4 o’clock in
the afternoon of said day at the court house door of said county expose for
sale at public auction to the highest bidder on a credit until the first (cut
off at bottom of page) ------ with good and ample security (cut off
page------------- of January 1864 with eight percent interest from date of sale
for the purchase money.
Nov. 12th 1862. David McMILLIN Administrator
Of the estate of Samuel CARR
The State of Mississippi
Winston County Before me E. D. HYDE, clerk of the Probate Court of said
county personally appeared David McMILLIN, administrator of the estate of
Samuel CARR deceased who being duly sworn deposed and says that he set up and
posted a notice of which the annexed is a true copy at five public places in
said county ------. One at the door of the court house of said county; One at
Seaches Mill; One at Mc ELMAYS (sp?) Shop; One at Webster and one at Center
Church and that this deponent truly believes that said notices remained posted
as aforesaid for the space of thirty days after being set up.
Sworn to and subscribed before me
David McMILLIN
This 15th day of December 1862
E. D. HYDE, clerk
ADMINISTRATORS SALE
By virtue of an order of the Probate Court of Winston County Mississippi,
made at the June term AD 1862 thereof the undersigned administrator of the
estate of Samuel CARR deceased will proceed to sell on Saturday the 26th day of
July next at the late residence of the decedent in said county the following
numbered tract of land situated in said county to wit: S W ¼ of S W
¼ sec 12. T 14 R 10 & containing 80 acres more or less to pay debts
of said decedent.
Bond and security required. David McMILLIN
Issued June 17th 1862 Administrator
June 25 1862
(The document that follows I have to assume is connected to the above
mentioned “public notices” as it is part of the same document)
State of Mississippi
Noxubee County Personally appeared before me Reuben RUFF,
Judge of Probate
of said county of Noxubee, H. C. FERRIS the proprietor and publisher of a
public newspaper printed and published in the town of Macon, County and state
aforesaid, called the Macon Beacon. Who being duly sworn and deposed said that
the publication of a notice of which a true copy is hereto affixed has been
made in said paper for the space of 6 weeks consecutive, to wit in numbers. 46,
47, 48, 49, 50 &* 51 published on the 25th June, 2nd, 9th, 16th, 23rd, 30th
July. – said publication commencing on the 25th day of June and ending on
the 30th day of July AD 1862.
Sworn to & subscribed before this 27th day
Of August AD 1862. R. RUFF probate judge
State of Mississippi
Noxubee County I, Rueben RUFF, Judge of Probate on said county do hereby
certify that the several numbers of the newspaper containing the publication
above mentioned and affixed have this day been produced before me and composed
with the copy annexed and that I have found the --- and the proof thereof to be
correctly made.
(date and signature left off page)
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