Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-01-16
GAINESVILLE.
Suit Involving 81, 900 600 Worth
of City Property.
Well Known Memphis People Plaintiffs
in the Case.
Correspondonod Of the Courier-Journal.

Correspondence OF the COurieT-J0urnal
GAINESVILLE, January 16.-Di'
rectly after the great fire Of 1873, your
correspondent furnished the Courier
Journal with some points given him
by one OF the Oldest members of the
GAINESVILLE bar relating to a certain
suit which has for years, in a quiet
way, been disturbing property holders
of this city, known as the claim
of the Bennett Searcy heirs.
The Chronicle of this week prints in
its columns a well arranged map OF
the lots claimed by the Searcy heirs,
which are in the most valuable por-
ton ofthe city, aud in round figures
amount to 81, 000, 0vC, and gives a his
tory Of the whole matter, from which
CONDENSED the followingfacts: The lands
in dispute were purchased by Bennett
Searcey, who was judge of the circuit
court composed of the counties of
Montgomery, Robinson, Stewart, Dick
son and Davidson, at sheriff sale in
1907. Judge Bennett Searcey died in
1918, leaving one daughter, who was
married to G. ID. Mclean, then re-
siding in GAINESVILLE and proprietor of
the GAINESVILLE Recorder, a predeces-
sor Of the present Chronicle. Mrs.
Mclean died in 1878, leaving two
daughters, one of whom married a
mar named Mosby, the other a Mr..
Winston. Mrs. Mosby died in 1879,
and her children, grandchildren of G.
ID. Mclean andgreat grandchildren of
Bennett Searcey, have brought suit in
the chaneery court to declare the
right of these heirs to the property
upon the death of their grandfather
e. d. Mclean, who is tenant by cour-
tesy during his lifea as a widower of the
daughter of Bennett Searcey. The
other daughter left no children. Nc.
Lean still lives at the age of eighty.
five, and resides in Memphis. The
suit is TO test the validity Of legal pro-
ceedings under which the possessors
Of the property claim ownership.
Some Of these lois were sold by G. ID.
Mclean as guardian, and the heirs in
sist that the sale was void because no
pleading or process was served upon
the minors. Other lots were solid for
taxes during Bennett Searcy's life
time, some sold for taxes after his
death, and others sold under levy for
debts to satisfy judgment against the
administrator Of Bennett Seareey.
Complainants insist that no process
was served in the latter case upon
minors. The papers on these scire
faeias proceedings, which were served
in 1919 and 1923, have been mislaid OF
were destroyed in the fire OF 1873
Suits have been brought upon thirteen
Of the original lots, which have been
subdivided. The defendants will
have to defend these suits.
so the Chronicle is informed
but two of the most eminent member,
OF the GAINESVILLE bar, or the posses.
sion Of the present holders will BE-
seriously imperiled, as they will b.
liable to summary ejectment upon til,
death of 9. D. Mclean. The de.
PENDANTS claim adverse possession fol
over fifty years, and that they are en-.
titled to the presumption that all pro.
cesses were properly conducted in ac
cordance with law, unless proof to tn,
contrary can be produced. There /,
no doubt but that the test cases soor
to be made, will settle forever a mat
ter which has to some extent prevent
ed the sale and Improvement of som
OF Olarksville's most valuable pror
erty. If decided against the Scarce
heirs the matter will be final. and. 4
their favor, the only way out of tb
trouble will be a compromise on Nh
part OF the defendants to all propert
OF the heirs Of Searcey embraced i
the claim as set forth by them.