J. G. BARGER, NEXT FRIEND OF MARY A. BARGER AND GEORGE W. PRICE V. W. L. HITCHCOCK ET AL.
Tennessee State Library and Archives
White County, Tennessee
Division: Middle
Range: 37
Section: B
Shelf: 5
Box Number: 1151
Pages: 262

ABSTRACT

L.D Price died intestate. No Administrator was appointed to administer his estate. No Guardian Ad Litem was appointed to represent the minors. LD Price did not owe any debts. No one was notified that the case appeared in Chancery Court. G. G. Dibrell was instructed to sell the lands of LD Price to pay a note of $250 to Henry Barlow. The lands were auctioned off to the highest bidder, who was W. L. Hitchcock.

GENEALOGICAL INFORMATION

• Lorenzo D Price died intestate in February 1863.
• LD Price died the last day of February 14 or 15 years ago [current year: 1877].
• LD Price left three children. One died a short time after he died. Other children, G. W. Price and Mary A. Price. No Administrator was appointed to his estate.
• Clerk & Master appointed E. L. Gardenhire as Guardian Ad Litem for minors.
• Mary A. Barger and Geo. W. Price are the only children of L. D. Price.
• J. G. Barger is the husband of Mary A. Price. They married 2 March 1876.
• Mary Price is the widow of L. D. Price.
• G. W. Price was 18 years old on 5 March 1877.
• Mary Price was 17 years old on 14 March 1877.
• One of Hitchcock’s daughters lives on the land in the house where Mary A. Price used to live.
• LD Price owned three pieces of land called the Roberson tract, the Bussell tract and a lot purchased of the Martin widow.
• LD and Mary Price moved to the lands in controversy in February before Mary A. Barger was born, about 15 February.
• Josiah Williams was appointed a Commissioner to lay out the dower of Mary Price. On 5 October 1868, it was reported to the Court that Josiah Williams had died.
• Amy Bussell is the widow of Rhodem Bussell.
• William Bussell, James Bussell, Mary C. Bussell, John Bussell, & Aquila Bussell - only heirs at law of Rhodem Bussell.
• E. J. Russell was raised principally in Hinds County, Mississippi.
• Henry Barlow lived in Copiah County, Mississippi (below E. J. Russell)
• L. D. Price was in the Confederate Army.
• Mary A. Price was about 35 or 36 years old at the time that Hitchcock purchased the land.
• Heirs of Rhodem Bussell: Harmon Little & wife __ Little of White County., James Bussell - non resident of the state, Aquila Bussell & John Bussell of Mississippi.
• Daniel T. Brown has been a resident of Mississippi since 1865-1866.
• Lorenzo Price is the son of George Price. George P. Hampton was the executor of his estate.

DOCUMENTS INCLUDED

• G. G. Dibrell, Special Commissioner vs Mary A. Price, George Price & Mary Price
• Deed between Daniel T. Brown and Mary Price and her bodily heirs by L. D. Price
• Deed between Mary Price to William L. Hitchcock
• Record of the County Court assigning dower for Mary Price
• Record of the County Court Daniel T. Brown & Amy Bussell vs James Bussell, Mary C. Bussell, John Bussell, & Aquila Bussell
• Land Grant No. 11932
• Command to Survey the lands of Rhodem Bussell
• Exhibit A to Roses Deposition: Subpoena to Mary Price, Mary A. Price, & George Price
• Exhibit A: Promissory Note from Henry Barlow to pay LD Price $250 before 1 Jan 1861. Used to purchase the Bussell land.
• Exhibit B: Gen. G. Dibrell vs Henry Barlow, Circuit Court of Copiah County, Mississippi. No property to satisfy the note.
• Exhibit C: Copiah County, MS - Receipt from D. T. Brown
• Report of the Court of G. G. Dibrell, Commissioner vs Mary Price et al

TIMELINE

16 Dec 1854: Survey date of Land Grant No. 11,932.
10 Jul 1857: Land Grant No 11,932 granted by the State of TN to R. Bussell.
18 Jul 1859: Daniel Brown, admr of R. Bussell, filed a petition against widow and heirs of R. Bussell. See Heirs above.
26 Jul 1859: Command to the Sheriff to survey the lands of Rhodem Bussell.
Sep Term 1859: Sale of the land ordered by the court. G. G. Dibrell was ordered to sale the land.
05 Sep 1859: Report to Clerk & Master of the debts owed by R. Bussell.
17 Dec 1859: Henry Barlow executed a note to LD Price for $250.
01 Feb 1860: LD Price purchased the land.
06 Jun 1863: Daniel T. Brown executes a deed to Mary Price and the children of LD Price and only those children.
25 Jul 1868: Gen G Dibrell vs Henry Barlow Copiah County, MS } No property to satisfy note.
03 Aug 1868: Commissioner to appoint surveyors to lay out dower for Mary Price.
01 Sep 1868: Dower lands were surveyed and report handed to the court.
3rd Monday Sep 1868: Subpoena to Prices to appear in court.
05 Oct 1868: Josiah Williams death was reported to the court.
04 Nov 1868: G. G. Dibrell filed a bill in Chancery Court against widow and heirs of LD Price to collect $250 still owed.
20 Nov 1868: The summons to court was delivered to Mary A. Price by L. Rose.
Mar Term 1869: The case of was heard at Chancery Court. G. G. Dibrell, Commissioner vs Mary Price et al.
01 Mar 1869: E. L. Gardenhire appointed Guardian ad item for the minors.
01 May 1869: Lands of L. D. Price sold to W. L. Hitchcock for $505.
Jul Term 1869: Decree of Chancery Court of White County.
23 Oct 1871: Mary Price executes a Deed to W. L. Hitchcock. Attested to by Abram Saylors & T. R. Cooper.
17 May 1873: Deed Recorded.
12 Jul 1876: The Complaint was sworn before W. L. Dibrell. J. G. Barger & George Price signed the bill.
12 Aug 1876: Mary A. Barger and Geo. W. Price the only children of LD Price filed their Bill of Complaint against W. L. Hitchcock.
18 Sep 1876: Subpeona issued to W. L. Hitchcock for an answer.
13 Nov 1876: Response to the Complaint submitted by Harriss & Story.
15 Nov 1876: Response to the Complaint was filed by the John S. Rheason.
30 Apr 1877: Notice sent to Hitchcock that Depositions will take place on 11 April 1877 [sic] depositons will take place at the Office of Clerk Master of the Chancery Court.
15 May 1877: Notice to Harriss & Story that Savage & Swafford filed evidence of the assignment of dower to the widow of LD Price
28 Jul 1877: Notice to Barger that depositions will be taken on 7 August 1877 at off of John S. Rhea.
31 Jul 1877: Notice served.
07 Aug 1877: Depositions taken.
22 Nov 1877: Cross Bill of Complaint filed by Hitchcock & Affidavit of Hitchcock.
Nov 1877: Demurer to the Cross bill.
Nov 1877: Decree.
May Term 1878: Case was heard by Hon. M. D. Swallows.
22 May 1879: Final decree that the sale of the land to Hitchcock was null & void.
16 Jun 1879: Writs of Error & Supencedias granted upon fiat of Judge P. Turney.
25 Jun 1879: W. L. Hitchcock appoints M. C Dibrell as his attorney for Nashville.
19 Jul 1879: The appointment filed in WC.
13 Aug 1883: Supreme Court Opinion filed.

DEPOSITIONS

• Mary A. Price - widow of LD Price.
• Thomas Cooper - knew LD Price
• William Saylors
• Daniel T. Brown (part of the Bussell Case)
• E. J. Russell
• A. Saylors
• A. M. England
• W. P. Howard
• Andrew L. Potts
• G G Dibrell
• Leroy Rose
• George P. Hampton
• W. M. Simpson

NAMES

• J. G. Barger
• E. L. Gardenhire - Guardian Ad Litem to Minors
• G. G. Dibrell - Commissioner
• JD & WH Goodpasture for Hitchcock
• L. Rose - Deputy Sheriff
• Mary A. Price
• W. L. Hitchcock
• Mary A. Barger
• Geo. W. Price
• Hon. A. McClain sitting as Chancellor upon the bill of complaint
• Daniel T. Brown, Admr of Rhodium Bussell, dec’d
• Rhodium Bussell
• B. L. Brown of Miss, LD Price owed a note
• Daniel T. Brown, security for LD Price
• Sandy Hickey, security for LD Price
• Hon. M. D. Swallows heard Barger and Price case
• Colms & Simpson, Sols. For Dibrell
• W. C. Caldwell rendered the opinion
• W. L. Eakin concurs
• Jno A. Tinnon concurs
• Henry Barlow - LD Price owed $250 note for purchase of his land
• L. J. R. Swafford for Barger & Price
• Swafford & Snodgrass for Complaints
• Harris & Story for Hitchcock
• Gardenhire for Hitchcock
• Hiram Saylors, on Bond for W. L. Hitchcock
• Abraham Saylors, witness to Hitchcock appointing Dibrell as attorney
• W. P. Howard - ditto
• M. M. Dinges, Clerk of White County
• William Holton, Dep Clerk of White County
• Mrs. Carline - land bounds LD Price on the North
• William Howard - land bounds LD Price on the East
• Mr. Rhea - land bounds LD Price on the East
• Wm. Saylors - land bounds LD Price on the South
• Andy Hitchock - land bounds LD Price on the West
• Stephen Pistole - land bounds LD Price on the West
• John Whitley - sold land to LD Price. This tract of land adjoins the disputed land on the North & West.George Price - land boundary in Land Grant No 11,932
• Mrs. Martin - land boundary in Land Grant No 11,932
• John Whitley
• William Carland - owner of a tract of land conveyed to D. T. Brown
• Thomas Snodgrass - witness to the Carland deed
• J. R. Stone - witness to the Carland deed
• John F. Vass, Clerk of White County
• Samuel Clark, Register of White County
• Z. Hitchcock - mentioned in Deed between Mary Price and W. L. Hitchcock
• Abram SaylorsThomas Jones - Commissioner to lay out dower for Mary Price
• Forester Phifer - Commissioner to lay out dower for Mary Price
• Josiah Williams - Commissioner to lay out dower for Mary Price
• M. F. O’Connor - County Surveyor
• Zachariah Hitchcock - Surveyor
• Alvis Bussell - Surveyor
• Pistole’s line - boundary in the dower lands
• W. G. Martin’s lot - boundary of dower lands
• Zachariah Hitchcock - fence is boundary of dower lands
• Amy Bussell - widow of Rhodem Bussell
• James Bussell - son of Rhodem Bussell
• Mary C. Bussell - daughter of Rhodem Bussell
• John Bussell - son of Rhodem Bussell
• Aquila Bussell - son of Rhodem Bussell
• P. W. Waller - Deputy Sheriff
• Worshipful William J. Russell - Justice of County Court
• John Willhite - Justice of County Court
• Joseph W. Clark - Justice of County Court
• Andrew D. Gamble - Guardian ad litem for Bussell heirs
• R. Bussell owed money to the following people
  • Sip Farley
  • John Ditty
• Simpson Saylors
• Cartwright
• James Anderson estate
• Charley Meeks
• Crocket Hudgens
• Joshua R. Stone
• James Lowery
• James Brown
• A. M. England
• W. P. Howard
• Harmon Little & wife
• Margaret Brown
• George P. Hampton
• William Matlock (note of payment)
• W. M. Simpson, attorney
• J. J. Cummings, admr of estate of LD Price