Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-28
A MEMPHIS SENSATION.
Baltimore Heirs of q Memphis
Pioneer Claim q Large
Portion OF City
Property.
Property of the City In
cluded.
Over Two Million Dollars In
VOlved---A History of
the Case.
From the Memphis Avalanche, Nov. %.


has been in relation to a suit which has |
been instituted in regard to the right of /
title of some of the most valuable proper |
ty in the city of Memphis and the county |
of Shelby, amounting in value to over
81, 100000 The suit is brought by two |
of the descendants of the late William
Winchester, one of the founders of the |
city of Memphis, against large number |
OF the leading property holders OF the |
city and county. 1t is certain to be known |
among the causes celebreS of Tennessee,
owing to the large amount of money in
volved, the nice law points and peculiari-
ties which surround the case, and the ar
ray of legal talent engaged on both sides.
1t is expected that it will come up for ar
gument in Chancery during the month of
December, and is certain to be ably con-
tested. ThefoIlowing is plain statement,
with the principal law points involved in
this very important suit, which is destined
to create a genuine sensation, and which
viii be read with interest by all classes
in the community:
William Winchester, one of the Origi
nal proprietors of Memphis, and owning
valuable real estate in Baltimore county,
Maryland, and in Shelby county and
Memphis, Tennessee, died in the year
1912, a resident of the city of Baltimore,
leaving a will, by which he gave to his
ten children all his lands in Maryland and
Tennessee, tObe divided into equal shares,
but subject to the payment of two debts
which he owed-one to his brother David
and one to the Union Bank of Maryland.
He appointed two of his sons as eXecu-
tors, and vested the title in them for the
payment of these two debts, and manifes-
ted purpose that they should be paid as
speedily as 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 were paid, both being paid out
of the proceeds of the sale of certain of
the Maryland lands.
Previous to this date, on the 18th of
January, 1887, these executors appointed
an attorney in fact, in the Western Dis
trict of Tennessee, to sell any or all of
the Shelby county or Memphis lands, as
might seem meet to him. Many sales
were made by the attorney in fact of va
riOus lots in 1889, 1910 and 184I This,
as will be seen, was after the debts were
| paid Deeds were made TO the purchasers
| in the name of the executors. The pur-
chasers sold to others; possession was
taken under the deeds, and valuable i'm
prcvements erected upon many of the
lots.
Between the death of the testatOr and
these sales in 1889, 1910 and 1871, one of
the testator's daughters, Mrs. Campbell,
mother of J. Mason Campbell, of Mary
land, had died, leaving a daughter, Mrs.
Murdoch, of Baltimore, who was, in
| 1889, married woman, and her husband
still lives. Another daughter, Mrs.
Moore, had died, leaving q daughter, Mrs.
Armour, who also died, leaking daugh-
1 ter, Mrs. Jenkins-a great grand-daugh-
| ter of William Winchester-who was also
in 1889 married woman, and her hus-
band still lives.
These two ladies seek to recover an in
terest of one-seventh in these various lots
sold in 1889, 1910 and 1871. 1t seems
from the proofs that they never received
anything from the proceeds of the sales
made by this attorney in fact; that they
never knew of these sales made by him
until a short time before the beginning of
the war.
Since the war a suit was instituted
against William johnson for one of these
lots; and upon a decree before the Chan
Gerry Court, and appeal to the Supreme
Court, that tribunal has held that by the
payment of the debts charged upon the
lands and lots, the legal title to the pro
perty vested at once in the deyisees under
the will, so that the savings of the statute
of limitations are operative in favor of
married women, who were so at the time
of the sale, and have so continued since.
Since this decision numerous other suits
have been brought involving the lots
described below, which are pending III
the Chancery Court of Memphis
It seems that the purchasers acted in
good faith, paid their money, under the
honest belief that they were acquiring
good titles, and have gone forward, and
in many instances erected valuable and
costly improvements, in ignorance Of the
claims of these ladies.
Mrs Murdoch and Mrs. Jenkins claim
that valuable estate, rightfully theirs,
has been lost to them without their fault,
and in ignorance of their rights.
The purchasers claim that, having pur
chased and expended their means in good
faith, believing they had the perfect title,
their possession and enjoyment of the
property should not be disturbed.
1t seems on both sides to be matter of
misfortune, and not of fault.
Some of the most valuable and costly
improvements in the city of Memphis are
involved in these suits, as follows:
The DeSotO block, on the north side of
Madison, between Main and Second.
The block of buildings between Com
mercial Bank building and the alley, on
the north side of Main street, belonging to
Nathan Adams-three three-story tene-
ments, occupied az wholesale dry goods
stores.
The block of Mrs Turley, on south
side of Court Square, in which Fred.
Theband's restaurant was located.
The block on the west side of Main,
opposite Court Square, in which is lOCa-
ted Pullen's queensware store; belongs 10
, Captain Charles b. Church.
The square OH corner of jefferson and
Third, embracing the Hotel d'EurOpe and
| Mrs Fowlkes' improvements.
, The tier of residence buildings on the
east side of Third street (north of st.
, Peters Catholic Church, between Adams
T and Washington street; owned by Lev
l | JOY, W. A. Blickford, James T. Leath,
r Thomas r. Smith and Walter Cole
2 man, Jr.
A large lot on Second street, east side,
2 between jefferson and Adams street, op
, posite the Jefferson Block, and owned by
William Johnston, of North Carolina.
: A residence on the east side of ThirC
i street, between Madison and Court streets
7 occupied by George W. Lincoln.
a A house and lot on the corner of Wash
b ington and Front streets, next door L
e Madame Vincent's old stand.
G One or two other lots in the suburbs
e. and a tract of land in the country.
The following embraces the legal talen
in this great suit:
q HeiskeIl, Scott & Heiskell, and Mr.
r Winchester, solicitors for compliments.
Wright, McKissick & Wright; Ste
: phens d. Smith, Estes & Jackson, Kor
, trecht G. Craft, Hon. II. G. Smith, NJ. p
> Jarnagin, ESQ.,, and others, solicitors 70
= the various defendants.
. ------sss-
= A NOVEL match occurred at Randolph
= Vt, the other day. A stake was drive
q IN the Srouud elgut fOus away, anu
y wheelbarrow was the missile. The con
= testants were successfully hoodwinked
q and with this popular vehicle started fo
q the stake to win a turkey. Out of
9 large number, not one succeeded in hittin
. the mark, while the great majority wer
. no nearer to it on stopping than whe
n they started, and one wheeled into th
river, which was greater distance in tn
opposite direction.
&c WIFE-BEATISG has become so comma
"a in England that the journals Of thi
IS country are discussing what should he a
effective remedy, and some are adyocatin