Leonard Carden, Court Case
Leonard Carden Court Case

TO THE HONORABLE T. M. McCONNELL, CHANCELLOR ETC. HOLDING THE CHANCERY COURT AT MADISONVILLE FOR MONROE COUNTY, TENNESSEE

G. B. Carden, Thomas Carden, Leonard Carden, Oliver Carden, C. P. Carden, Winnie Milligan and husband J. H. Milligan, Sarah Rider and husband Aut Rider, Conway Carden, Toozy Shaw and husband William Shaw, Catherine Clowers and husband Calloway Cloweres, John Carden, Mrs. Lou Howard and husband J. P. Howard, Mrs. Maggie Hutchins and husband Dr. J. E. Hutchins, Mrs. Mary Shelton and husband Walter Shelton, Andy Carden, Mrs. Lizzie Miller, Reuben Weber, Otto Weber, citizens of Tennessee, and Anderson Carden, Vera Durham and husband Charlie Durham, Andrew C. Carden, Adeline Hackney, Thomas Kirkland, Sarah Adkins and husband Richard Adkins, non-residents of Tennessee.

COMPLAINANTS
Versus

James Carden, Martha Self and husband Mark Self, John M. Edwards, Pearl B. Edwards, Walter S. Edwards, William C. Edwards, Winnie Hunt and Maggie Hunt, residents of Monroe County, Tennessee, the last named four being minors under 21 years of age; John Carden, Isabell Carden, Florence Carden and Laura Carden, Pearl Weber and Carl Weber, residents of Polk County, Tennessee, and minors without regular guardian.

The unknown heirs of Berry Carden, deceased; the unknown heirs of Mary Ann Alford, deceased; the unknown heirs of Reuben Carden, deceased; the unknown heirs of Malinda Case, deceased; the unknown heirs of Adeline Peak, deceased; the unknown heirs of Andrew Carden, deceased and Gus Hunt, all non-residents of Tennessee or supposed to be such, Key Hunt, a minor without regular guardian, resident of McMinn County, Tennessee, and Creed Bates Carden and Ledena Carden and their guardian R. XX Ghormley, residents of Monroe County, Tennessee.

DEFENDANTS

COMPLAINANTS WOULD RESPECTFULLY SHOW TO THE COURT:
 

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I

That Leonard Carden died intestate in Monroe County, Tennessee more than forty years ago and left the following described tract of land of which he was seized and possed in fee simple:

A tract of land in the 14th District of Monroe County, Tenn. Bounded on the North by West Providence Land Company, also on the East and South by the same company, and on the west by Shaw, containing sixty five acres more or less; also eighty acres bounded on the North and East by the West Providence Land Company, South by the Tellico Slate and Iron Company, and on the west by the same Company.

This land is worth less than one thousand dollars and has until recently since the death of Leonard Carden, deceased, been occupied by Cynthia Carden, his widow, she is now dead and said property is unincumbered.
II

The said Leonard Carden had the following Children, who survived him: (1) Reuben Carden, (2) Malinda Case, (3) John Carden, (4) Adaline, who married Pat Peak, (5) Alfred Carden, (6) Larkin Carden, (7) Amos Carden, (8) Puss, who married ______ Kirkland, (9) Toozy, who married William Shaw, (10) Catherine, who married Calloway Clowers, (11) Sarah, who married Richard Akins, being eleven in all. All of these, except the last three have died and have left issue. Each of the eleven or their descendants, inherited said property as tenants in common 1/11 going to each original heir, or to his or her descendants.

Reuben Carden is dead, and his heirs are unknown, they owning an undivided 1/11 interest.

Malinda Case, is dead, and her heirs are unknown, they owning an undivided 1/11 interest.

John Carden is dead, and left the following heirs: (1) Berry Carden, (2) France Carden, (3) Mary Ann Carden, (4) Adeline Carden and (5) John Carden, who own an undivided 1/11.
Berry Carden is dead, and left heirs whose names and addresses are unknown. They own 1/5 of 1/11.

Adeline Carden, married _____ Weber and has since died, leaving as her only heirs at law: Lou, who married, Complt. J. E. Hutchins: Lizzie Miller, widow, Reuben Weber, Otto Webber, Pearl Weber and Carl Weber. These own 1/7 of 1/5 of 1/11 or 1/385.

Mary Ann, who married ______ Alford is dead and her heirs are unknown, they own 1/5 of 1/11.

France Carden is dead and left as his heirs: (1) Anderson Carden, (2) Nora, who married Chas. Durham, (3) Mary, who married Walter Shelton, (4) Andy, (5) John, (6) Isabell, (7) Florence and (8( Laura Carden who own an undivided 1/8 of 1/5 of 1/11 or 1/440.

John Carden, still survives and owns 1/5 of 1/11.

Adeline Peak, is dead and her heirs are unknown, they own an undivided 1/11.

Alfred Carden, is dead and left the following heirs: (1 Thomas (2) Leonard (3) Oliver (4) Andrew and (5) Lix, who married Tom Henson. The first four each own an undivided 1/5 of 1/11 or 1/55; Lix is dead and her heirs are unknown, they own an undivided 1/5 of 1/11 or 1/55.

Larkin Carden is dead and left as his only heirs to his interest in  this land, the following (1) D.A. Carden, (2) C. P. Carden (3) Winnie, who married J. H. Milligan, (4) Sarah, who married Aut Rider, (5) Florence, who married William Edwards, (6) and Jane, who married _____ Hunt and (7) Conawy Carden, they inherited their father’s estate each inheriting 1/7 of 1/11 or 1/77.
D. A. Carden has died and left as his heirs at law, (1) Creed Bates Carden, (2) Ledema Carden, who own an undivided ½ of 1/7 of 1/11 or 1/144.

Florence Edwards is dead and left as her only heirs, (1) John M., (2) Pearl, (3) Walter S. and (4) William  C., who own ¼ of 1/7 of 1/11 or 1/308.

Jane Hunt is dead and left (1) Gus, (2) Winnie (3) Kay and (4) Maggie Hunt, who each own ¼ of 1/7 of 1/11 or1/308.

Amos Carden, died intestate and left (1) Andrew C. Carden, (2) Adeline Hackney, now a widow, and (3) G. B. Carden, who each own 1/3 of 1/11 or 1/33.

Puss Kirkland is dead and left (1) Thomas Kirkland, (2) Martha Self and (3) James Kirkland, who own 1/3 of 1/11 or 1/33.

Toosy Shaw owns 1/11.

Catherine Clawers owns 1/11.

Sarah Akins owns 1/11.

III

The forgoing land is not susceptible of partition in kind but it would be manifestly to the interest of the parties interested that the land be sold and the proceeds divided as their interest may appear.

IV

The parties whose names are given as defendants and who are therein set out as minors, are minors without regular guardian, except Creed Bates Carden and Redema Carden, and the defendant R. E. Ghormley is their guardian, and the names and residences of the parties to this suit are4 correctly set out in the caption so far as complainants knows.

The PREMISES CONSIDERED COMPLAINANTS PRAY:

1. That process issue and that those named as defendants be made such by service or by publication as the law provides.
2. That a guardian ad litem be appointed for the minors defendants whose names are set out in the caption.
3. That the rights and agreements of the various parties in the foregoing land be settled by decree of this court, and that the land be sold on a credit of not less that six months and in bar of the equity of redemption for partition, That complainants have general relief.
 
 
 

State of Tennessee
Monroe County

Personally appeared before me, Vastine Stickley, Clerk & Master, Robert H. Stickley, who makes oath in due form of law that he is one of the Attorneys for complainants in the foregoing bill and that the statements made therein of his own knowledge are true, and that those made upon information and belief he believes to be true.

This May 3rd 1906

    Signed Robert H Stickley

Subscribed and sworn to before me,
This May 3rd 1906

Vastine Stickley   C&M