© Kathy Duncan, 2019
The lawsuit of F.A. Bryant et al v John Fitzpatrick et al was a dispute over the inheritance of land from John D. Lewis's estate. F. A. Bryant, the complainant, was the husband of Jane Catherine Babb, a daughter of Elizabeth (Lewis) Babb and first wife of Green B. Babb. Bryant represented the interests of the children and grandchildren of Elizabeth (Lewis) Babb against John Fitzpatrick who married Green B. Babb's second wife Mary Jane Broom. Among the defendants of the case were the children of Green B. Babb and his second wife.
This suit is in folder #241 in McNairy County, Tennessee.
F
A Bryant and wife Jane C Bryant
Franklin
P. Christopher C Elizabeth J. Sarah
V.
and May Josephine Mitchell the last
five
of whom are minors under that age of twenty one years who
file
their Bill by Jos M Mitchell their next friend
Lafayette
A. and Johnnie A Babb who are minors
under
the age of twenty one years and sue by their
next
friend Sarah E Babb residents of said
State
of Tennessee, Joel M Babb, and Witty A
Anderson
(formerly Witty A Babb) residents of
the
State of Texas Complainants
Vs.
John
Fitzpatrick Mary J Fitzpatrick Ephraim Shuffield
Worthington
Shuffield and W C Cornelius and
Elizabeth
Green also residents of said County
also
citizens McNairy County & minors under the age of 21 years
of
McNairy Martha, Thomas, James, Samuel, & Joel Babb
Humbly
complaining Orators and oratixes
would
respectfully show unto you that John
D
Lewis departed this life in said County of
McNairy
about the year 1842, having first
made
and published his last will and tes
tament,
which was duly proven and recorded
in
the office of the clerk of the
County
Court of said County and that said
will
has been destroyed by fire or otherwise so
that
the same cannot be produced and that
upon
diligent search neither the original will
or
a copy thereof can be found, but if found the
same
will be produced and shown to the Court
upon
the hearing of this cause, that by the pro
visions
of said will the property devised and
bequeathed
to the daughters of said testators was
given
to them to their sole and separate use and
at
their death to their children, and not to be sub
ject
to be sold by their husbands.
Orators
& oratrixes would further show that
they
are the children and grandchildren of
Elizabeth
Babb formerly Elizabeth Lewis who in
termarried
with G B Babb who has since died
that
said Elizabeth was one of the children
and
legatees of said Testator
Complainants
would further represent
that
by a device [?] of the Circuit Court of said Coun
ty
the lands of said testator were sold for par-
tition
and division amongst said legatees and
that
amongst other lands sold for said purpose
were
the following tracts to wit one tract of four
hundred
acres lying in said County of McNairy
Beginning
at a stake, hickory, elm & Spanish
Oak
for 271 poles south & 193 poles East of the S. E.
corner
of Entry No 1664 in the name of C C Coghill
suns
South 50 poles to a post oak, 2 post oak &
spanish
oak ??. then east 40 poles to a stake
&
2 post oak ???, then south 222 poles to a stake
black
oak & 2 post oak ???, then west 203 poles
to
a stake, 2 post oak & 2 black oak ??? then
north
102 poles to a post oak, 3 black oak & post
oak
???, then west 51 poles to a stake & 5 post
oak
???, then north 180 poles to a stake, then
east
218 poles to the beginning
Also
two tracts of 160 acres each to wit the
N
W quarter of each thirteen (13) township one (1)
Range
eight (8) east, and south west
quarter
section ??? (12) Township one (1)
Range
eight (8) east also a fractional part
of
the NW quarter of Secion twelve (12) Township
one
(1) Range Eight (8) east containing
83
98/100 acres. And that G B Babb who was
the
husband of said Elizabeth as the agent
of
his said wife became the purchaser of
the
above described tracts of land, and
that
the same was paid for out of the means
of
said Elizabeth, by her acknowledging
the
receipt of the amount of the purchase
money
in the settlement with the executers of
Said
will and testament
Complainants
would further show that said
G
B Babb on the 7th day of August 1851
sold
and by deed of that date pretended to
convey
to one L W Smith said tract of 400
acres
and that said Smith on the 11th day
of
July 1855 sold by deed of that date ????
did
to convey said tract of land to E
phraim
Shuffield and said Ephraim Shuf-
field
pretended on the 6th of February 1868
to
convey to Washington Shuffield 200 acres of
said
tract and that sd Shuffields are now in
possession of the same
all
of which will appear by refer-
ence
to the deeds which are registered and will
be
produced and shown to the Court if re-
quired,
Complainants would further show
that
said G B Babb
to
one W S Atcock 40 acres of said
83
98/100 acres, and said G B Babb by deed dated
1st
day of October 1860 pretended to convey
the
same to Edward Green, who ????
in
possession of the same an that said G B
Babb
also sold and by deed dated the 15th
day
of December 1852 pretended to convey 45 acres
of
said 320 acre tract to one William Castleby
who
conveyed the same to W C Cornelius
who
has the same in possession and that said
parties
are now claiming said lands under
said
pretended conveyances
Orators
and Oratrixes insist that they are
entitled
as children and heirs of their deceased
Ancestor
Elizabeth Babb deceased to said
lands,
that said G. B. Babb having purchased
as
the agent and with the means of their said
mother
acquired no title to the same and in
any
event could only have become
tenant
by the Curtesy, which estate (if such he
acquired
by virtue of his mortal right ceased
and
terminated at his death and that he
could
not convey any greater estate than he
thus
acquired, they insist that said deeds of
conveyance
are cloudy upon their title which
they
have acquired by said will or by descent from
their
deceased mother
Orators
and oratrixes would further show
that
said Defendants John Fitzpatrick and
Mary
J Fitzpatrick his wife are in possession
of
the balance of said tracts of 160 acres each
and
balance of 80 98/100 acres are the larger portion
of
the same as dower of said Mary J who was the
second
wife and widow of said G B Babb
in
the hands of said G B Babb Dec when in
fact
said lands did not belong to said
G
B Babb
The
premises considered Conplainants
pray
that the parties named in the ????
of
this bill be made parties defendants to this
Bill
that Copy and ??? issue be, that guar
dians
ad litem be appointed for said minors de-
fendents.
And upon the hearing of this case that
said
defendants be required to answer the
allegations
of this bill but not on oath, their
oath
being expressly waved and upon the
hearing
of this cause, that your Honor
would
decree that said conveyances be
cancelled
and declared void and
inoperation,
that said defendants be required
to
account for rents and profits and that all
necessary
orders for taking and stating an
account
of the same be made and for such
other
further different relief as to your
Honor
shall seem right and equitable
and
that
as the record of said will has been destroyed
that
complainants have the right set up and
substitute
a copy of the same and as in duty
bound
will ever pray be
McKinney
& Pace Sol
State
of Tennessee}
McNairy
County} Personally appeared before me
T R Beck &
Master, & F A
Bryant
who made oath in due form of law that
the
matters set forth in the foregoing bill are true to
the
bests of his knowledge & belief.
Sworn
to & subscribed before me
23
day of February 1871
F.
A. Bryant
Tom
R. Beck
A
M
