Bryant v Fitzpatrick, John Lewis Heirs' Lawsuit, 1871

©  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 7^th 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 11^th 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 6^th 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

1^st 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 15^th

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