The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-06-16

home ihsfsai ~ m iilm sIaeiuy,
ihe ziH A. NJ Angnsi hrst. N sbow
essafi II Hny ihty eia. WV ne ad
lil.llaief N tpHii aog, m M estate
n Fsleafi y Teamed. dseuHd
should hdt then W. authorized H. anll
aIl ihe feal estate BELONGING h. mid
estsle. faf ihe bAhehi N Ne efeiiiors
a ihe mld estate, and lint mld f,,s.
tlon be published accofding h. law.
Also m oFlef N ihe mme emr
made q Che August term, islJ. ~
citing that ihe court was satisfied ihai
the pefsonal estate N Learned wa
not sufficient 10 pay ile demands
against II, and that doe notice had
been given according ~ law w all
persons interested, 10 appear Al Chat
term 70 show eansc, &c., and ordering
The administrator NJ Joais nan of ai,l
Ioafned, 70 expose 10 public sale, on
n credit of twelve months large
quantity of land particularly NJ.
scrlbcd IN the order, and embracing
the land In controversy In this cause,
The deiondent then read In eyi.
dence a deed from II. Harris, admin.
istfator Of Learned, 10 George NJ
Barnes, dated May, lsiJ, aud nc.
knowledged February I, 1915, recit.
ing sale made May l3, 1874, under
The last named order, and conveying
a large portion Of said land, contain
ing 3,b0S b6-lOO, acres including the
land In controversy, to said Barnes
for the price of $3.50.
Also decd from Barnes and wife
TO defendant, for the land in contro-
versy, dated Feb. 2, 1853.
George NJ. Barnes, the purchaser
ut said sale, was examined as wit
ness, and testified that the sale was
regularly advertised, and that il was
a bona fde purchase and sale, and
that he bid OIL the land at the sale
and paid the purchase money, by
giving credit for the amount on a
judgment in favor of Joseph Cooper
against the administrator of Learned.
Witness also stated that in Novem-
Der, lsi7, the said Harris sent for
him and told him he wanted to make
4 final account and report of sale Of
the lands of the estate of T.. ID.
Learned. He recognized the original
account and report produced and
shown to him. Witness wrote them
under the direction of Harris, the
administrator. The account was
sworn to, and signed by Harris be.
fore the Judge Of Probate, and the
report Of sale was signed by him
and the account and report were both
returned by Harris to the Probate
Court at November term, 1S47, and
delivered TO the clerk.
The said account and report were
read in evidence. The former shows
that the money received ON the sale
of land, and also the sum of $500,
received from Joseph Cooper for the
sale OF the lot in jackson, were cred.
tied on a judgment in favor of said
Cooper. The latter is a full and
formal report Of q sale Of the town
lot in jackson, on the 18th of Sep
tember, 1S42, under an order of th,
Probate Court of Copiah county
made at June term, lsll, to Joseph
Cooper for $500, and also Of the sal,
of upwards Of $500 acres of land in
Copiah county to George NJ. Barne,
and Thomas Il. Wheeler, on the 18th
of May, 1874, under the order made
at that August term, lSi3, for the
price Of $3.50. This report is moi
under oath, and il is admitted that
il and also the account were endorsed
by the Clerk, "fled Nov, lsi7."
L. ID. Brown was also examined a;
a witness on the part Of the defend
ant, and testified that about Noyem.
Der, lS47, he had been elected clerk
of the Probate Court Of Copial
county, and was not well versed in
his duties; that the papers wert
rather loosely kept, that about that
time n fire occurred near the court.
house, the Jail being burned; that th'
papers were thrown out, and that
some Of them he could never aftel
arrange, or get in their proper places
and that many papers were flet
which should have been recorded
but were not.
On inspection Of the minutes o
the court Il appeared that the cour
was opened on the 18th and l6ti
days Of November, lsi7, but not Of
the 18th.
Thomas +. Wheeler, another wit
ness for defendant, testified that b
was present at the sale and bought
piece of land for his brother; that b
first knew Of the sale by seeing th
advertisement; and that the sale wa
public and made at the COURTEOUS
door.
The foregoing was all the evidenc
on the part Of the defendant.
The plaintiffs then gave in cyi
dcnce a full transcript Of all the pro
ceedings had in the Probate Cour
Of Copiah county in the administra
ton Of The estate Of said deceased
whereby il appeared that, at Apr
term, isll, on filing the above men
toned petition Of Harris, the admin
J istrator, dated April 10, ls4e, rel
resenting the insufficiency Of th
, personal estate 10 pay the debts, an
: praying an order for the sale Of u
. real estate, an .order was made, thI
citation issue 10 all persons inieresis
. Ia the lands and tenements Of L. ]
) Learned, deceased, 10 appear at u
|, June term, lsll, to show cause WI
! an order should not be made for u