Newit Sammons Probate Records


 
PROBATE RECORDS FROM WILLIAMSON CO. TN

re HEIRS OF NEWIT SAMMONS

		1.	Know all men by these presents that I George Sammons 
			of the County of Brown and State of Illinois reposing 
			special trust and confidence in John Sammons of the 
			County of Morgan and State aforesaid have made ordained 
			authorised nominated and appointed and by these presents 
			do make ordain authorise nominate and appoint him 
			my true and lawful attorney for me and in my name 
			and for my own proper use and benefit to ask demand 
			sue for recover and receive of and from the executor or 
			executors administrators or administrator or other person 
			or persons all such sum or sums of money debts and
			demands Whatsoever which are now due and owing or 
			that may hereafter become due and owing unto me the 
			said George Sammons by and from the estate of my 
			father Newit Sammons deceased late of the County of 
			Williamson and State Tennessee as one of the legal heirs 
			of said Newit Sammons and to have use and take all 
			lawful ways and means in my name for the recovery 
			thereof by suit or otherwise due to compound and agree? 
			for the same and acquitances or other sufficient discharges 
			for the same for me and in my name to make seal and 
			deliver and also for me and in my name to sell and dispose 
			of all my part and interest in and to any land or lands 
			owned or belonging to my father Newit Sammons at the 
			time of his decease as one of the heirs of the said Newit 
			Sammons and good and sufficient deeds or other proper
			conveyances for me and in my name to make sign 
			seal and deliver and also for me and in my name to 
			sign seal and deliver such bill of sale or other instrument  
			of writing as may be necessary to convey my right 
			to a negro girl named Judy belonging to the estate 
			of said Newit Sammons deceased and to do all other 
			lawful acts and things whatsoever concerning the 
			premises as fully and in every aspect as I myself 
			might or could do were I personally present at the doing 
			thereof ratifying and confirming and by these presents 
			allowing whatsoever my said attorney shall in my 
			name lawfully do or cause to be done in and 
			about the premises by virtue of these presents.

     				In witness whereof I have hereunto set my hand 
			and affixed my seal this 18th day of September 1839.

							George Sammons  {Seal}
							

			State of Illinois }
			Brown County      }
						This day personally appeared before 
			the undersigned Clerk of the Circuit Court of the County
			of Brown and State of Illinois George Sammons who is 
			personally known to me to be the real person who 
			executed the foregoing Power of Attorney and who  
			then before me acknowledged that he signed sealed and 
			delivered the said Power of Attorney freely and 
			voluntarily for the uses and purposes therein 
			mentioned.
				Given under my hand and private seal 
			(there being no Judicial Seal provided) at my 
			office in Mount Sterling this 18th day of 
			September AD 1839.
						George W. T. Maxwell   {Seal}
CLICK HERE TO SEE COPY OF GEORGE SAMMONS DOCUMENT
 		2.	To the Chancelor of the Middle Division of the 
			State, sitting at Franklin.  
			   The bill of complaint of William W. Parsley 
			of the County of Williamson states that in the 
			year 1837 he contracted to purchase of the 
			heirs or some of the heirs of Newit Sammons 
			sixty acres of land situate in the County 
			of Williamson and bounded as follows - 
			Beginning at an Elm in John Healey's East 
			boundary line, then north Seventy poles to 
			a cedar and ash then East one hundred 
			and thirty seven poles to a post oak in 
			John L. Parsley's west line then south 
			seventy poles to a cedar then west to the 
			beginning.  Your orator states that he 
			gave his two notes each for two hun
			dred dollars to the heirs of Newit Sammons 
			without mentioning other  
			monies in cosideration of a title to be 
			made him to said land upon which 
			notes said heirs have recovered judg
			ements against your orator in the year 
			1839 before John Richardson Esq. of the 
			county of Williamson.  Your orator 
			states that some of the heirs of said 
			Sammons, to wit  Richard Sammons 
			Watson Sammons Abner Sammons
			Phillip Hodge and Archer Hays upon 
			the 28th day of December 1837 executed their 
			title bond to your orator for title to said 
			land which said named heirs 
			live as follows  Hodge in Bedford County 
			Richard Abner and Archer in Rutherford 
			and Watson in Williamson County 
			which bond your orator when required 
			will produce.  Your orator states that 
			there are three other heirs of the said 
			Newit Sammons entitled to equal 
			parts of said land who reside out of 
			this State and in the State of Illinois  
			Your orator is not informed nor 
			does he know what title if any the said 
			heirs have to said land, as they have 
			not tendered to him a deed.  Your 
			orator states that he has been infor
			med and believes that some of the 
			heirs living out of the State have said 
			that your orator has no obligation 
			on them for title, and that they 
			can have said land divided.  
			Your orator states that the said Hodge 
			and Hays married daughters of 
			the said Newit, and have no fee 
			simple title to said land that your 
			orator knows of, and that said wives 
			of the said Hodge and Hays are in 
			no way bound to make him a 
			title. Your orator states that if he is 
			compelled to pay said judgement 
			he may then part with his money 
			and get no legal and sufficient 
			title to said land.  Your orator 
			states that most of the heirs of the said
 			Newit are in moderate if not indigent 
			circumstances.  That he is willing to  
			pay said judgment as the purchase 
			money of said land if a good 
			and valid title can be made 
			to him for said land, and that 
			the desires said heirs shall exhibit 
			such title to the Honorable Court
  			In tender consideration of all 
			which your orator prays the unit 
			of Injunction staying the said heirs 
			and others from collecting said 
			judgment; that the process of 
			subpoena may issue for the heirs 
			named in this bill requiring 
			them to appear, etc. and that by 
			a decree of your Honor the said 
			judgment may be perpetually 
			enjoined unless the said heirs 
			in the opinion of the Court can & 
			do make a good &  valid title for 
			said land to your orator And 
			that all and any other relief in 
			the premises may be granted to 
			your orator who states that he 
			has never enjoined said 
			judgement and this is 
			the first effort.
					Foster Sol'r [Solicitor]

			This day appeared before me in open Court 
			William W. Parsley and made 
			oath the facts stated in his bill as 
			of his own knowledge are true and 
			those state as of information he 
			believes to be true.  				
					William W. Parsley

			Sworn to me in open Court 
			   12th Nov. 1839  Jn. W. Allen
			

			The Clerk & Master of the Chancery Court at 
			Franklin upon complainant's giving bond 
			with sufficient security to double the amount 
			of the judgment complained of, will issue 
			the writ of Injunction according to the prayer 
			of the foregoing bill.
					Tho. Meany, Judge, 
					6th Jud. Circuit
			The probate record includes four copies of this document, in
			the names of George Sammons, Richard Sammons, Abner Sammons 
			and Watson Sammons "et al."
CLICK HERE TO SEE COPY OF THE FOLLOWING DOCUMENT
		3.  	This Indenture made this Ninth day of November one thousand 
			eight hundred and thirty nine between John Sammons Edmond 		
			Sammons of the County of Morgan and State of Illinois George 
			Sammons of the County of Brown and State of Illinois Richard 
			Sammons Abner Sammons Archer Hays and Polly his wife 
			of the County of Rutherford and State of Tennessee Watson Sammons 
			of the County of Williamson and State of Tennessee Phillip 
			Hodges Margaret M. his wife of the County of Bedford and State 
			of Tennessee all of the one part and William W. Parsley of 
			the County of Williamson and State of Tennessee of the other 
			part witnesseth that the aforesaid Sammons Hays and Hodges 
			for and in consideration of the Sum of Four hundred one dollars 
			and fifty cents to them in hand paid the Recept where of is here 
			by acknowledged hath bargained Granted allein Convey'd Confirm'd 
			unto the said William W. Parsley his heirs and assigns forever a 
			Certain tract or parcel of land Situated lying and being in 
			the County of Williamson State of Tennessee on Sedar Creek 
 			a branch of big harpeth River begining at Elm in John Healey's 
			east boundary line running north Seventy Poles to Sedar and 
			ash thence east one hundred thirty seven poles 7 links 
			to post oak in John L. Parsley west boundary line thence 
			south seventy Poles to Sedar thence west one hundred thirty 
			Seven Poles 7 links to the begining Containing sixty Acres 
			be the same more or less with hereditments appurten
			ances to have and to hold the Said tract or Parcel of land 
			with all appurtenances unto the Said William W. Parsley 
			his heirs forever and we the Said Sammons Hays and Hodges 
			their heirs doth covenant and agree to and with the Said William 
			W. Parsley that they will warrant and for ever defend unto 
			the Said William W. Parsley and his heirs for ever against the 
			Claim or Claims or title of all persons what soever Claiming 
			in witness where of we the said Sammons Hays and Hodges 
			have here unto set our hands and seals the date above

			Written and delivered	in present of us }        his
			John M. Gault				  John     X    Sammons
			John F. Gill 					  mark
								          his
							          George   X    Sammons
							                  mark
							       By his attorney John Sammons
							                  his
							          Edmond   X    Sammons
							                  mark
								          his
							          Richard  X    Sammons
								          mark
								          his
							          Abner	   X    Sammons
								          mark
				November 13th 1839

			In witness whereof we have here unto set our name
			To the (word unclear) in (word unclear)		
			This 16th day of March
			1840 					  Philip 	Hodges
								          her
							          Margaret X    Hodges
								          mark
								          his
							          Archer   X    Hays
								          mark
								          her
							          Polley   X    Hays	
								          mark
								          his
							          Watson   X    Sammons
								          mark

			State of Tennessee
			Williamson County	To Matthew Marable Esquire
				You are hereby authorized and empowered to take the exam
			inations of Margaret M. Hodges and Polly Hays (the femes covert) 
			privately and apart from their husbands, relative to their free 
			execution of the within deed and the same so taken certify under your 
			hand and seal - Witness Samuel B. McCounies clerk of the county 
			court of Williamson county at offices this 14th day of March 1840
								S.B. McCounies

					Sammons & Hays and Hodge
						Deed 60 Acres
					William W. Parsley


			State of Tennessee }
			Williamson County  }	 	Polly Hays and Margaret M. Hodges 
			(the femes  covert) having personally appeared before me 
			and having by virtue of the authority in me 
			vested been examined privatley and apart from their 
			Husbands Archer Hays and Phillip Hodges, and 
			they having acknowledged this due execution of the with
			in deed by them freely voluntary without compulsion 
			constraint or coercion by their said husbands - the said 
			is therefore certified witness my hand and seal this 
			16th day of March 1840
							Matthew Marable  JP
 
		4.	The joint answer of Watson Sammons 
			Philip Hodges and Margaret his wife Archer Hays 
			and Polley his wife & Abner Sammons to the 
			Bill of Complaint filed against them by William 
			W. Parsley in the Chancery Court at Franklin
				These defendants serving and reserving 
			to themselves all right of  exception to the complainant's 
			Bill for answer thereunto say that is true 
			they and the other heirs of Newit Sammons 
			sold the land described in the Bill to the Complainant 
			about the time therein stated and put him in 
			possession of said land which he has ever since 
			held and enjoyed unmolested, and executed a 
			title bond to said Complainant for said land 
			which he holds and has not exhibited in his Bill 
			These respondents further answering state that they 
			recovered judgments on said notes so given by 
			said Compl't for the purchase money of said land 
			as alleged in the Bill from which judgments 
			executions issued which shall be exhibited to the court 
			showing the amounts and date of said judgments 
				They further state that the names of said 
			heirs of Newit Sammons are John Sammons 
			Edmond Sammons and George Sammons 
			of the State of Illinois - Richard Sammons 
			of the Western District of Tennessee - Watson 
			Sammons of Williamson County Tennessee 
			Abner Sammons and Polley Hayes wife 
			of this respondent Archer Hayes of Rutherford 
			County Tennessee & Margaret Hodges wife 
			of Philip Hodges of Bedford County Tennessee 
			all of whom with the said Archer Hays 
			and Philip Hodges have duly executed a 
			deed to said land to the said Complainant
			Touching the execution of said deed freely 
			voluntarily &etc. said femes covert have been 
			privily examined according to law and 
			said deed thus executed shall be exhibited to the 
			Court for said Complainant as re
			quired by the Bill
				These respondents further state 
			that from the terms of said title bond 
			they and the other heirs of said Newit 
			Sammons were not bound to make a 
			title until they received the purchase 
			money on which ______ they would always 
			have been ready and willing to make 
			a good and sufficient title and 
			having prepared said title they pray 
			that the said money be held by the Clerk 
			of this court as an escrow to be delivered 
			to said Complainant on the payment of 
			the purchase money.
				They pray said injunction granted in this 
			cause to be dissolved and the Bill dismissed
  			And haveing fully answered they pray to 
			be hence Dismissed with their reasonable 
			costs &etc
					Alexander & Bostick) Sol'rs [Solicitors]		
					For defendants
			State of Tennessee }
			Williamson County  }

						This day personally 
				appeared before me Matthew Marable 
					an acting justice of the peace 
				for said county Watson Sammons 
				Philip Hodges Margaret M. Hodges Archer 
				Hayes Polley Hayes his wife and Abner 
				Sammons the above defendants who made 
				oath that the facts stated in the foregoing 
				Bill as of their own knowledge are true 
				and those they have learned by infor
				mation of others they believe to be true
				Sworn to before me this 16th March 1840
								his
				Matthew Marable JP   	Archer   X  Hays
								mark
								her
							Polley   X  Hays
								mark
								his
							Watson   X  Sammons
								mark
								his
							Abner    X  Sammons
								mark
								her
							Margaret X  Sammons
								mark
                                                        Philip      Hodges
CLICK HERE TO SEE COPY OF ABOVE SIGNATURES IN DOCUMENT


Data transcriptions submitted by: William G. Stewart.  
Reformatted according to copies of documents by Charlotte Ramsey.

Charlotte Curlee Ramsey
http://freepages.genealogy.rootsweb.com/~cramsey/index.html

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