Holly Springs gazette., 1844-11-29

Onorter, Benjamin L Iarver and James Fl
Shorter, each having an equal interest, and
each having paid his full proportion of the
purchase money.-That said Eli shother
In his lifetime, made and executed another
instrument In writing 10 said BENJAMIN T.
Tarver, showing the interest said Benjamin
z Tarver was entitled to in the lands here
in before described in parts showing that said
Tarver was entitled to one equal undivided
half of seven quarter sections and an equal
undivided third of seven quarter sections,
and an equal third part of two third parts
OF seventy tour quarter sections, and one
sixth part of eight quarter sections. THAT
said Levi shorter made and executed an
other instrument to said BENJAMIN p TaIver,
showing said Tarver TO be entitled to one
equal undived sixth part of eighty ihree
quarter sections. Also made and executed
an instrument in writing, showing that
comp'L Hudson Thornton was entitled to
one undivided sixth part of eighty five
quarter sections That said BENJAMIN
Tarver made and executed an instrument in
writing showing, hat the heirs of Eli shor-
ter and James A shorter. are entitled each to
an undivided third part OF seven quarter
sections, that James Watson was entitled
TO two ninths. the heirs of Eli Shorter 10
two ninths and James Fl Shorter TO two
nlnths of ar sec IL t s R East, also
that one hall OF four quarter sections to the
heirs OF Eli shorter and the other half to
said Tarver, also showing that S or 6, l3,
B East, s or g. l3, A East and or IA,
A, | west, belonged one undivided sixth to
said Tarver and the balance to the heirs of
Eli shorter, that said reuben shorter
and mary Jane shorter. new MARY Jane
Urquhart and her husband John Urqu.
hart. heirs at law ofthe said Eli shorter
by deed bearing date % march 1S43, sold
and conveyed to Compl James H shorter all
their right, title, interest and claim, in and
to the lands to which they were entitled as
heirs at law Of said Eli shorter, that since
the death of said Eli shorter and The said
James watson and said benjamin Tar
veI, the said THOMAS w watson has sued out
an attachment against the real estate of
said James c watson decd, and has had the
same levied on several, if not all the tracts
of land set out and described in the instru-
ments of wriung before mentioned. that
said attachments so levied on said lands |
have been returned into the circuit courts of
the counties of Tippah, Pontotoc and chick
asaw and perhaps other counties in this |
min w walker, combining with the said |
THOMAS watson. and representing them
selves as executors of the last will and Tes>
lament of said James C watson, appeared In
person at the circuit courts of Pontotoc and
Tippah counties, at the september Terms
thereof Just past, and filed their pleas in per.
son not by attorney as is usual, thereby Civ
ing said courts personal jurisdiction, and
IL. IL of
suits, and in consequence thereof, iud dgments
to very large amounts were rendered against
them in these courts and said attachments
not being repIevied. the said lands were
condemned TO be sold for the satisfaction Of
said Judgment thus rendered, on real or pre-
tended claims of said THOMAS w watson a.
gainst the estate of said James C watson deed
and from the course pursued by said John
II watson and BEN amin w walker IN these
courts: complainants have reason to fear,
and do fear, that they will put in pleas in the
same manner in the other courts when said
attachments have been returned, and that by
this collusion between the said John H wat
sonand Beniamn w walker as executors of
said James watson, and the said Thomas
w watson as a pretended or real creditor of
the estate of said James C watson dec &, the
interests and rights of comp plalnants will be
materially :ajured and endangered, if not
wholly defeated.
PRAYER, That commissioner be ap-
pointed to divide said lands, according to the
various interests of the parties. and make
deeds OF conveyance to each and every par
ty, and if it shall appear that an equitable,
fair and Just division cannot be made with
out sale, that the same be sold either for
cash or upon credit, and for general re-
lief t. j. WORD,
Solicitor for complainants.
Nov 1st, IS44-9m