The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-31


and Other transactions.
An Injunction was issued from the chan
Gerry court a day or two since TO restrain
the sale Of 400 acres Of land on Presidents
island belonging to the estate of Mathew
Coke, by Hunsdon Carey, trustee, under
deed OF trust executed by Burcll and
Rosa H. Randolph in favor OF A. &. Brew
or, agent, TO secure the payment OF note
for $500 and other indebtedness. The
Security bank OF Memphis and II. J.
Black, cashier, Thomas NJ. Scruggs and
Theodore VI. Read are also onjoined from
disposing Of notes drawn in favor OF A. G.
Brewer, Ida Victoria Brewer or the
children of Thomas b. and Lille b. Cohcy
and signed by Rosa l.. Randolph, and A.
G. Brewer Is restrained from collecting the
rents on plantation on Presidents island.
At the urgent request OF attorneys and
Others, the proceedings were kept in the
dark Tor awhile. The petition applying for
these injunctions Is long one, and con-
tains allegations OF considerable interest.
| II was filed by VIM. NJ. Randolph, counsel
for Burrcll r. Randolph and his wife
Rosa T.. Randolph against A. G. Brewer
aud his wife Ida Victoria Brewer Thomas
II. ColIcy and his wife Lille b. CoiIcy,
three children Of Thomas Il. and Lille Il.
Coffee and others. The allegations in sub
stance are as isllows:
Burroll Randolph and Rosa H. Randolph
are Of African descent and were born
slaves. Shortly before the war Rosa and
her mother were bought by Matthew
Coke, n wealthy planter living near Holly
Springs, in Marshall county, Miss.
When Rosa was twelve years old, Matthew
Coke took her for wife. She lived with
him as in wcdlock, and was looked on and
regarded by him and their acquaintance
~ his wife. She bore him seven children,
all Of whom have since died. In the lat
ter part Of 1870 Matthew Coke in order TO
project the plaintiff, Rosa, in case of his
DEATH was married 10 her in room nj the
0verton hotel in Memphis, by colorcd
minister of the gospel named Joseph Ross.
There were no witnesses 10 the ceremony
and ON June 9th, 1875, Matthew Coke
took Rosa TO Grenada, Miss, where they
were again married by minister, A. Z.
Mcdonald by name, in the presence OF
VIM. Price and Anna Howard.
Ida Victoria Brewer, the niece OF
Matthew Coke, and her husband, A. G.
Brewer, knew Of the relations of Rosa
10 Matthew Coke, the former having
been almost raised In the same house
with Rosa. On November z, 1885,
Matthew Coke died at the residence Of
himself and plaintiff, Rosa, ON the north
side OF Linden street, east Of ~. Martin,
| and his remains were carried 20 Holly
| Springs, Miss, and inferred lie left will
devising unto his wife, Rosa T., the house
and lot ON Linden street and 100 acres Of
land on Presidents island, In this county.
The residue of his fortune, which was
large, he bcqueathcd 10 his niece, Ida
Victoria Brewer. J. ID. Quigley was named
In the will IA executor without bond. lie
refused TO act, aud A. G. Brewer took pos
session Of the estate, claiming the right to
do 40 from the fact that his wife, Ida Vic.
toria, was the principal lcgatce.
Plaintiff Rosa T.. further ayers that
shortly after the will Of Matthew Coke was
probaied she was prevailed on by A. &.
Brewer and his wife TO sign deed devils.
ing all the property that had accrued to
her by the will Of Matthew Coke 10 the
children Of Lille II. Coiicy, whoarc grand
children Of Mrs Brewer, rcserving Ia her
self only life interest in the property,
which is estimated 10 be worth about
$4,000. For signing this deed A. e.
Brewer paid her 300, stating tina, the in
sirument would not ho binding without a
moneycd consideration. Plaintiff Rosa
claims she did not know the nature Of tho
paper she signed, nor had she any idea Of
dopriving herself OF the right to devise her
property 10 whomsoeycr she pleased, and
that she was persuaded and cocrccd into
signing II through her affection for Mrs.
Brewer and awe Oi &. G.. Brewer.
Shortly after this plaintiff Rosa signed n
lease Of the plantation on Presidents
island 10 A. &. Brewer for what length of
time she did not know, aud received from
him twelve notes, each for $50 Suisse
quently she gave up those notes 10
A. q. Brewer In the Security hank,
receiving only 500 and A. &. Brewers
note for $3.50, which was Endorsed by
her and returned 30 Brewer, and for the
payment Of which, r. J. Black, cashier Of
the Security bank, who came In possession
Of Il, Il pressing her. On the Goth OF MAY,
1887, the day before her marriage with
plaintiff, Burrcll Randolph, Rosa T.. dis
posed Of her life interest In her property 10
llunsdon Carey, trustee, 10 secure A. G..
Brewer agent for the Concy children,
payment OF note for $500, which plaintiff,
Rosa, aycn that she did not give. Another
deed was given 10 A. &. Brewer, agent, on
the eth oi May, 1887, 10 all the property
devised 10 Rosa by the will Of Matthew
Coke. This deed was signed by Rosa 4.
and her present husband, Burcll Ran
dolph. The consideration set forth In the
deed was $500 In cash and n note for 500,
10 be paid on or before tho flrt day OF
January, 1883. Plaintiffs allcgc that they
only received 500 Of the $500 set forth as
cash consideration, and that A. @. Brewer
aftcrward obtained possession Of the note
for 500 by working ON Rosa's crcduliiy
and faith In him; aud that ho aftorward
gave her 500 and his note for 5000, which
has not been paid.
Burrell Randolph alleges that no signed
the deed with his wife only after earnest
solicitations from her, and because shc
charged him with having married her for
her property and without his knowing Of
the circumstances set forth by Rosa, rs tho
said Rosa had been perslstenly reticent
about her business afiain.
The summary OF tho bill charges that
Rosa i. Randolph has, through tho inilu.
ence and Vaccinations OF x. q. Brewer,
lost all thc property devised 10 her by the
VIII OF Matthew Coke, and that In return
Tor u she has only received $500 In cash,
aud SIP which was paid by A. o. and L.
v, Brewer for repairs on plaintiffs house
on Linden street.