1852 Jesse Stafford guardian heirs of Wm. Moon

 

Tuesday 30th March 1852

Jesse Stafford Guardian or/and Wm. Miles alias Wm. Mize Exparte
Petition to sell land for distribution - Decree final.

This cause coming on to be finally heard and determined on this
thirtyeth day of March 1852 before the Hon. Robt. M. Anderson
Judge do upon the petition deposition interlocutory decrees and
reports of the clerk and master which said reports being unexcepted
to  (?)  in all things confirmed and if appearing to the satisfaction
of the Hon. court that the clerk of this court in obedience to a
decretal(?)  order of this Hon Court pronounced at the last
November term thereof.  After having given notice as required by
said decretal order  proceeded to sell the undivided interest of
the minor heirs of Wm. Moon decd. mentioned in said petition in
said land to the highest bidder upon a credit of twelve months
taking note and security for the payment of the purchase money
and that upon said sale Emanuel Fox became the purchaser of said
undivided interests in said land or lands he being the highest best
and last bidder for the sum of two thousand five hundred and five
dollars it being five hundred and one dollars per share for the five
undivided interests exposed to sale and it further appearing to the
satisfaction of the Honorable court that the said Emanuel Fox has
sold assigned and transferred his bid for said land to Jessee
Stafford which said assignment is in the words and figures
following to wit:

Whereas I have become the purchaser of the undivided interest of
the minor heirs of Wm. Moon deceased of in and to a certain tract
or tracts after and sold by the clerk of the circuit court of Sevier
county in obedience to a decretal order of said court with the
interest of William Miles or Mize and wife and having sold any
interest under said clerks sale to Jessee Stafford I do hereby assign
for a valuable consideration all my interest in said land to the said
Stafford which has or may arise under and by virtue of said sale
and purchase aforesaid and request that the said Stafford be
substituted as purchaser and that title to the same be decreed to him.
(?) my hand and seal this 29th March 1852
Test.(?) P. P. Porter
Samuel Chance                  Emanuel Fox                  < Seal >

The court is therefore pleased to order adjudge and decree that the
clerk of this court deliver up to the said Emanuel Fox his (?) said
fox's note; upon the said Stafford executing his note with good and
sufficient security for the time and faithful payment of the purchase
money.  The court also further decrees that all the right title interest
and claim of the said Wm. Miles alias Wm. Mize and his wife
Didemia formerly Didemia Moon, John Moon, Malissa Moon,
James Moon and Elizabeth Moon of in and to said tract or tracts
pieces or parcels of land be and the same is hereby divested out of
them and the same is hereby vested in the said Jesse Stafford his
heirs and assignees forever but a lien is hereby retained upon said
land until the purchase money is well and truly paid.  The court
also further decrees that the clerk collect said note when due pay
the costs of this suit including attorney's fees and of the same and
pay the remainder over to the guardian or guardians of said minors
taking his or their receipt or receipts for the same.

The court further decrees that said Wm. Miles alias Wm. Mize may
receive and receipt for his wife's the said Didemia's distributure(?)
share of said money he having attained his majority and that the
clerk make a deed to the said Jesse Stafford for said undivided
interest of said heir in said land upon his (?) said Stafford
furnishing the courses(?) and distances of the same.  The court also
decrees that the clerk shall take evidence and report to the present
term of this court what would be a reasonable fee for the attorneys
services in this court.

Amy's comments:  This document shows the minor heirs of William Moon:  Didemia (Ludema) Mise/Mize, John Moon, Malissa Moon, James Moon and Elizabeth Moon.  Other documents show William Moon's heirs who were older: William Mitchel Moon, Susannah Moon and Mary Moon.  Jesse Stafford is noted as guardian.