The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1869-12-04
Memphis Sensation.

From Memphis Avalanche,
For the past two or three days the general
theme of conservation in legal circles has
been IL relation to a suit which has been
instituted in regard to the right of title of
some of the most valuable property in the
city of Memphis and county of Shelby,
amounting in value TO over g, ,000,0 The
suit was brought on by two of the descend
ants of the late William Winchester, one of
the founders Of the city of Memphis,
against large number of the property
holders of the city and county. 1t is Gel
tain to be known among the causes cete6res
of Tennessee, owing to the large amount
of money involved, the nice law points and
peculiarities which surround the case, and
the array of legal talent engaged on both
sides 1t is expected that it will come up
for argument in Chancery during the mon tn
of December and is certain to be ably con-
tested. The following is plain statement,
with the principal law points involved In
this very important suit, which Is destined
to create a genuine sensation, and which
will be read with interest by all classes IN
the community
William Winchester, one OF the original
proprietors of Memphis, and owning yalua-
BILE real estate in Baltimore county, Mary.
land and in Shelby county and Memphis,
tennessee, died in the year 1912, resident
of the city Of Baltimore, leaving will, by
which he gave to his ten children all his
lands in Maryland and Tennessee, to be
divided into equal shares but subject to the
payment of two debts he owed-One to mis-
brother David and one to the Union Bank of
Mary land.
He appointed two of his sons as executors,
and vested the title In them for the payment
of these two debts, and manifested pur-
l. Al. Il 4 4 Il
possible by a sale of such of the lands as
they should deem best On the lst OF
| April, 1887, the last of these two debts
was paid, both being paid out of the pro-
ceeds of the sale of certain of the Maryland
lands
Previous to this date, on the 18th o
! January, 1887, the executors appointed. III
Attorney In fact, in the Western Dist riet O
Tennessee, to sell any or all of the Shelb,
| county or Memphis lands, as mi'tht seen
meet to him. Many sales were made b,
the attorney In fact of various OTIS in 1899
1910 and 1871. This, as will l5e seen, wa
after the debts were paid Deeds wer
made to the purchasers in the name Of tn
| executors. The purchasers sold to others
possession was taken under the deeds, ant
valuable improvements erected upon man,
of the lots
Between the death of the testator ant
these sales IN 1889, 1910 and I84l, one 0
the testator daughters, Mrs. Campbell
mother of j Mason Campbell, Of Maryland
had died, h,aving daughter, Mrs. Murdoek
of Baltimore, who was, 1880, married
woman, and her husband still lives
Another daughter, Mrs. Moore, had died
leavin a daughter, Mrs Armour, who ais,
died, leaving daughter, Mrs. jenkins;
great granddaughter of William Win
chester-whO was also in 1889 married
woman, and her husband still lives
These two ladies seek to recover an in
terest of one-seventh in these various lot
sold in 1899, 1910 and l84I. 1t seems from
the proofs that they never received any
thing from the proceeds of the sales mad
by this attorney in fact; that they neve
knew of these sales made by him until
short time before the beginning of the war
Since the war a suit was instituted agains
William Johnson for one of these lots; ant
upon 2 decree before the Chaneery Court
and appeal to the Supreme Court that tri
bunal has held that the payment of tht
debts charged upon the lands and lots, Tia
legal title to the property vested at once II
the devisees under the will, so that tn
savings of the statute of limitations ar
operative in favor Of married women, VIII,
. were so at the time Of the sale, and have s.