Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1880-01-10
those numbered on the original plot
of GAINESVILLE as follows:

NAAOoO AAAADOACA Oh bAO Virginia HAOe
of GAINESVILLE as follows:
Numbers 1, 5, 6, s, 8, 10, IL, ., %,
"A, %, 80, 81, 30, sc, 81, 3s, 80, 40, 45,
46, As, As, "a, IA, 80, 81, "a, 8s, 80, 80,
80, "a, So, SO, and from that to 12O
inclusive. To these must be added
numbers 80, SO, IS, sc and 81, the
title to which was acquired by Judge
Searcy by a subsequent purchase
from II. Minor. This purchase is
now registered in the Registers
Court of this county, and may be
seen in Book /, page 666.
Certain of these lots did not re-
main in the possession of Judge
Searcy to the day of his death, and
are not, therefore, subject to the
suits now initiated; the proprietors
of these lots therefore are not con-
cerned in the Searcy suits. These
are as follows: Numbers 9, II, %,
%, 25, Sc, IS, Ga, 80, 90, 81, 9S, 50,
100. Excepting these, the titles to
all the others are now called in ques-
ton, though suits have not been
brought on all of them.
LINE OF INHERITANCE.
Judge Bennett Searcy died at
Nashville while holding court there
in January, 1918. He.left one child,
a daughter, who was married to G.
d. Mclean, then residing in Clarks-
vile, and who, it may be here mem
toned, was proprietor of newspa-
per entitled "The GAINESVILLE Re
cOrder," which was one of the pro-
genitOrs of the GAINESVILLE CHRONI-
Gle. Mrs. Mclean survived her
father less than year, dying in
November, 1918. She left two chill
dren, both daughters, Marcia and
Maria. One of these married Mr..
Mosby, and died in the spring of
last year. Her surviving children
are the complainants in this suit;
they are the grandchildren of c. d.
Mclean and the great-grandchil-
dren of Judge Bennett Searcy. Nc
Leans other daughter married a
Mr.. Winston, who died many years
ago, leaving an infant child, who
died in infancy. There are no sur
viving descendants therefore of
Judge Searcy through this lady;
there is nevertheless an intricate
question in law which must enter
into the contest of this suit, depend
ent upon the rightful inheritance of
her half of her fathers and grand
fathers property. The complain
ants in this suit contend that upon
the decease of Mrs. Winston's child
its interest reverted to their mother,
Mrs. Mosby, and, on this assump-
ton, claim to be full heirs of Bennett
Searcy, ruling out representatives
of Mr.. Winston.
WHY SUIT HAS BEEN DELAYED.
Suit would have been brought
years ago, on the claims of Mrs.
Mosby's children, but for the pro-
traeted survival of Col. G. d. Nc
Lean, who is a hale and hearty old
gentleman eighty-five years old,
residing in Memphis. The claims
of the Mosby heirs are held in abey-
ance during his life, because as the
widoweP of Searcy's daughter he
holds whatever title they may con-
fer as tenant in courtesy during his
life. This tenancy in courtesy has
so far shielded the present holders
from suit, but in another point of
view 1t acts to their prejudice, as
barring the action of the statute of
Limitations, which would otherwise
secure their title from claim so old
as this. McLean's tenancy sus-
ponds their claim during his life,
and on that ground the complain
ants claim that their plea will be a
new one when he dies, and will not
therefore be barred by the statute of
limitations.
PURPORT OF THIS SUIT.
Mclean being still alive, this &C
ton is not a suit for the possession,
but for a decree in Chancery declar-
ing the right of the complainants to
possession upon his death. If this
action is unopposed by any of the
present possessors, then upon the
death of Mclean the claimants will
have nothing to do but to take out
a writ of ejectment against the pres
ent possessors and enter upon pos
session. 1t is of course therefore
indispensable that they should meet
the present suit at once in the Chan
Gerry Court of the district.
GROUNDS OF THE CLAIM.
The suit now instituted is for the
purpose of testing the validity of
the legal proceedings under which