Holly Springs gazette., 1844-11-22

y 49,
Shorter. Benjamin p Tarver audJames ii.
Shorter, each having an equal Interest, and
each having paid his1ull proportion OF the
purchase money.-That said Eli shother
Ia his lifetime made and executed another
instrument in writing to said Benjamin +
Tarver. showing the Interest SAID BeaJafnIn
p Taryer was entitled 10 In the lands here
in before described in part.showing that said
rarver 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 twothifd parts
of seventy four quarter sections. and one
sixth part of eight quarter sectlonss That
said Levi shorter made and executed an
other instrumental said Benjamin + Tafver.
showing said Tarver TO be entitled TO one
equal undiyed sixth part of eightyihre
quarter sections Also made and executed
an instrument in writing, showing that
comp'l. Hudson Thornton was entitled 10
one undivided sixth part of eighty i've
quarter sections. THAT said Ben]amn
Tarver made and executed an instrument IN
writing showing. hat the heirs OF Eli S shor-
ter and James shorter, are entitled each to
an undivided third part OF seven quarter
sections, that James Watson was entitled
10 two ninths the heirs OF Eli Shorter TO
two ninths and James Fl Shorter 10 two
uinths of 5 or sec ID T 5 r 3 East, also
that one hall of four quarter sections to the
heirs of Eli shorter and the other hall TO
said Tarver, also showing that E or 6, l3,
East w or g, 3, East and ar IA,
4, | west, belonged one undivided sixth to
said Tarver and the balance 10 the heirs OF
Eli shorter, that said reuben C shorter
and Mary jane shorter. new Ma1v Jane
Urquhart and her husband John urqu'
hart. heirs at law ofthe said Eli shorter
by deed bearing date % march lS43, sold
and conveyed TO Comp James II 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
vel, the said THOMAS w watson has sued out
an attachment against the real estate of
said James 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 wiring before mentioned, that
said attachments so levied on said lands
have been returned into the circuit courts of
the counties of Tippab, Pontotoc and chick
asaw and perhaps other counties Ia this
state. That SAID John watson and Benja.
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 watson, appeared in
person at the circuit courts of Ponlotoc and
Tippah counties, at the september Terms
thereof just past, and fled their pleas In per-
son not by attorney as is usual, thereby CIV
ing said courts personal jurisdiction, and
that they made no further defence TO said
suits, and in consequence thereof, judgments
to very large amounts were rendered against
them in these courts and said attachments
not being replevied, the said lands were
condemned TO be sold for the satisfaction f
said judgment thus rendered. on real or pre-
tended claims of said THOMAS watson a.
ganst the estate of said James watson decd
and from the course pursued by said John
IL watson and benjamin W walker in these
courts; compliments 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 bv
this collusion between the said John II wat
sonand BENJAMIN w walker as executors of
said James watson and the said THOMAS
watson as a pretended or real creditor of
the estate of said James watson dec &. the
interests and rights of com claimants will be
materially injured and endangered if not
wholly defeated.
PRAYER, That a 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. L. j. WORD,
Solicitor for complainants
Nov lst, lS44.-9m