Family of Frances Isabella BREWER (2) & Nathaniel NUNNERY
Josephine married Robert Roland BURCH, son of Thomas BURCH (1825-) & Lucy GRIGGS (1825-). Born on 22 Apr 1863 in Carroll County, Tennessee. Buried in Foster Cemetery, Henderson County, Tennessee. Alias/AKA: "Bob Roley". They were divorced in Feb 1919.
Clem Ed Todd was present when "Bob" Roley was buried. He said. "they buried him up in the corner on the right hand side of Foster Cemetery. Richard Woods drove the ambulance and Ed rode with him. They took the casket to the cemetery in the back of a steel tired wagon". Bob Roley's grave is not marked.
They had the following children:
TO THE HONORABLE TOM C. RYE, CHANCELLOR, HOLDING THE CHANCERY COURT AT LEXINGTON, TENNESSEE.
The bill of complaint of Noda Rush and husband, Robert Rush, Mirl Blankenship and husband, Zene Blankenship, Ruby Todd and husband, Clem Todd, Chalmer Todd, husband of Newel Todd, and Herby Burch, all of whom are resident- citizens of Henderson County, Tennessee, Ethel Jowers and husband, Luther Jowers, resident-citizens of Carroll County, Tennessee,
Vada Edwards and husband, Lafayette Edwards, resident-citizens of Madison County, Tennessee, Newel Todd, a resident-citizen of Henderson County, Tennessee, J. C. Burch, a resident-citizen of Carroll County, Tennessee, and R. R. Burch, a resident-citizen of Henderson County, Tennessee,
Your complainants would respectfully show unto the court:
That Mrs. J. E. Burch died about the ____day of May, 1919 in Henderson County, Tennessee, seized and possessed in fee of the following tracts or parcels of land located in the New 1st (Old 9th) Civil District of Henderson County, Tennessee:
Tract No. 1. Beginning at a double black oak, 96 poles East of the South West corner of entry No. 145 in the name of William Brumbly, runs thence South 70 poles to three black oaks; thence West 160 poles to a black oak and hickory pointer; thence north 116 poles to a large black oak, then East 62 poles to a stake and pointer (NOTE #2)..
Tract No. 2. Beginning on a post oak in Perryville and Exchange Road, at the South East corner of the lands of F. Burch, formerly owned by Jane Foster and runs Eastwardly with said road 112 poles to a stake in said road, with post oak and black jack pointers, it being the North East corner of B. F. Grigg's land; thence South 34 poles to a small red oak, with black jack and red oak pointers; thence East 94 poles to a stake in the branch with two willow pointers; thence up said branch with its meanderings, having an agreed line, 113 poles to a stake in same, with maple and white oak pointers; thence East 6 poles to small water oak, by (?). L. Carrington's west boundary line; thence North 44 poles to a stake on the South line of the Webb land; thence West 26 poles to a stake, with gum and hickory pointers, South West corner of Webb entry; thence North with said Webb West line, 162 poles to a post oak; thence with road 98 poles to black jack; thence West 60 poles to chestnut; thence south 74 poles to stake, with pointers; thence 139 poles to stake at Luther Mincey's gate, thence South 99 poles to the beginning, containing by estimation 212 acres more or less.
There is included in Tract No. 2, herein, and there is hereby exclude from these calls, about 200 acres of land sold and conveyed to L. F. Edwards on January 26, 1909, the deed being recorded in the office of the Register of Henderson County, Tennessee, in Record Book No. 29, page 454, and the same is excluded from the above description.
The lands sought to be sold in the case consist of about 250 acres, more or less. Mrs. J. E. Burch was the owner of said lands by conveyance from R. R. Burch, her husband, executed January 17, 1914. Said deed is registered in Deed Book No. 32, Page 55-66, Register's office of Henderson County, Tennessee. A certified copy of said deed, or the original, will be filed as Exhibit "A" to this petition, and is asked to be heard as a part of the same, but it need not be copied unless called for.
Complainants state and charge that R. R. Burch has been occupying these lands for something like two years past; the he has been using said lands as his own, and appropriating the proceeds thereof to his own use; that he has been cutting a great deal of the timber from said lands and marketing the same in one form or another; that he has been appropriating to his own use the proceeds of said lands, he is not keeping the taxes on the same paid, nor does he propose paying the same. Your complainants state, charge and insist that R. R. Burch has no title, right or interest whatsoever in said lands described herein, he having conveyed what interest he had to his wife, (Mrs.) J. E. Burch. That said R. R. Burch is a mere trespasser on said lands, and should be compelled to account to the heirs at law of Mrs. J. E. Burch, who are the owners in common of the fee of said tract of land, as to the rights and profits derived from said tract of land while he has been occupying the same since the death of Mrs. J. E. Burch, and further account to the heirs at law of Mrs. J. E. Burch as to the timber cut from said land by himself, or under his direction, and sold by him, the proceeds of which he has appropriated to himself.
Your complainants state that at the February Term, 1919, of the Circuit Court of Henderson County, Tennessee, Mrs. J. E. Burch obtained a divorce from R.R. Burch, and was awarded custody of the children in said proceeding; that in May following she died; that during the past two years or more, or since the said R. R. Burch has been occupying said lands, he has been keeping on said (NOTE # 3)…
Complainants state that said land described above is owned by the heirs at law of Mrs. J. E. Burch, who each own a one-eighth undivided interest their; and said heirs are as follows:
(1) Vada Burch, a daughter, who married Lafayette Edwards, her name now being Vada Edwards; (2) Ethel Burch, a daughter who married Luther Jowers, her name now being Ethel Jowers; (3) Noda Burch who married Robert Rush, her name now being Noda Rush; (4) Mirl Burch, who married Zene Blankenship, her name now being Mirl Blankenship; (5) Ruby Burch, who married Clem Todd, her name now being Ruby Todd; (6) Newel Burch who married Chalmer Todd, her name now being Newel Todd, she being a minor about 19 or 20 years old; (7) Herby Burch, a son, whose wife's name is May Burch; (8) J. C. Burch, a son, unmarried, and minor about 15 or 16 years of age.
Said lands as owned, seized and possessed by Mrs. J. E. Burch at her death are worth some $1500.00 , and are so situated and located with so many parties owning interests therein, that said lands cannot be divided equitably in kind, and it will be to the advantage of all parties interested that the same be sold for partition and distribution of the proceeds among the parties entitled thereto.
These said lands described herein and sought to be sold in this cause are not situated near any town, and are suitable only for grazing and farming purposes; there is some little scrubby timber thereon, but very little valuable timber; it would be manifestly for the advantage of all parties that it be sold for partition, rather than partitioned in kind; there are no encumbrances on said lands except the taxes for the last two or three years.
Robert Rush, Zene Blankenship, Clem Todd, Chalmer Todd, Luther Jowers and Lafayette Edwards are made parties hereto solely as the husbands of Noda Rush, Mirl Blankenship, Ruby Todd, Newel Todd, Ethel Jowers and Vada Edwards, respectively. The residences of the various tenants in common and other parties are as stated in the caption of this bill, and Newel Todd and J. C. Burch are Minors without regular or general guardian and a guardian ad litem should be appointed to defend their interests.
1. That subpoena to answer issue and be served on those parties named as defendants in the caption of this bill, requiring them to appear at the earliest practicable Rule Day of Your Honor's Court and answer this bill, but their oath to their answer is expeditiously waived.
2. That a guardian ad litem be appointed to make defense for the minor defendants, Newel Todd and J. C. Burch.
3. That an injunction issue restraining and inhibiting R. R. Burch from cutting or destroying any of the timber on the tract of land described in this bill, or from committing any other form of waste on said lands, and that the said R. R. Burch be inhibited from exercising any of the incidents of ownership or control over said premises or lands, and that the said R. R. Burch be further enjoined from interfering in any way with the tenants of the complainants in the cultivation f crops on said lands for the present year, and that a Receiver be appointed to take charge of said lands and rent the same for the present year, 1927, and the rents be held subject to the orders of the Court.
4. That the rights of the parties to said lands be settled by decree of the court, and that said tract of land be sold, and the proceeds after satisfying taxes due, and the costs of this proceeding, including attorneys fees, if any, be divided among the parties in accordance with their respective rights; and to this end that all necessary reference to the Master be had.
5. And that complaints have all such other, further, different and general relief to which they may be entitled at the hearing.
This is the first application for an injunction and receiver in this cause.
Joe C. Davis
Joe C. Davis
Atty. For complainants
NOTES: (Provided by Jerry Cary)
1. This was retyped from a copy of the original document. It was given to Ruby Burch Todd's son Clem Ed, by the grandchildren of Vada Edwards and was, presumably, her copy of the original suit filed in 1927.
2. This section (Tract No. 1) had been marked through with a pencil on the copy of the original. I don't know what if anything, that might have meant.
3. The paper had been taped together at this point, looks like many years ago. I was unable to determine continuity of this paragraph or how much of the text may be missing..
6. Isadora NUNNERY. Born on 13 Mar 1871. At the age of 67, Isadora died in 1939. Buried in 1939 in Farmville Cemetery, Henderson County, Tennessee. Alias/AKA: "Dora".
On 21 Oct 1890 when Isadora was 19, she married Robert R. TODD, son of Benjamin TODD Junior (1841-1912) & Sarah Frances DRINKARD (1846-1901), in Carroll County, Tennessee. Born in 1869. At the age of 74, Robert R. died on 1 Jan 1943. Buried in Jan 1943 in Farmville Cemetery, Henderson County, Tennessee. Alias/AKA: "Buddy".
Obituary: Died New Year's Morn: Rev. W.S. Joyner, Baptist Minister of Huntingdon, conducted largely attended funeral services for Buddy Todd at the Willie Boyd Cemetery near Farmville in this county. Mr. Todd, who was 72 years old, died New Year's morning in the home of his son, Turner Todd, near Yuma, following a short illness. He was a son of the late Benjamin Todd and was born and reared and lived his entire life in he Farmville community. He was a member of the Baptist Church at Mt. Pisgah. In 1891 he was married to Miss Dora Nunnery, who bore him ten children. She preceded him in death in 1939. The children surviving are Mrs. Henry (Ollie) Moore, Comerville; Mrs. James (Lena) Wicks, Jackson; Everett and Turner Todd and Mrs. Albert (Hassie) Hodge of Yuma; and Mrs. Bomer (Era) Phelps, Mrs. Henry (Allie) Azbill, and Ollin Todd of Wildersville. A son, Dennis Todd, died in young manhood several years ago. A daughter died in infancy. Mr. Todd is survived by two brothers, Willie and Ector, and a sister, Mrs. Belle Douglas, all of Yuma. He was a member of the Baptist Church at Mt. Pisgah.
They had the following children:
7. Reverend Astley Ulon NUNNERY. Born on 22 Aug 1873 in Benton County, Tennessee. At the age of 83, Astley Ulon died in Jackson, Madison County, Tennessee on 14 Mar 1957. Buried in Mar 1957 in Mt. Ararat Cemetery, Henderson County, Tennessee. Resided in Parsons, Decatur County, Tennessee.
On 23 Sep 1894 when Astley Ulon was 21, he married Ida Frances WILSON, in Henderson County, Tennessee. Born on 25 Jul 1874. At the age of 83, Ida Frances died in Jackson, Madison County, Tennessee on 4 Oct 1957. Buried in Oct 1957 in Mt. Ararat Cemetery, Henderson County, Tennessee.
They had the following children:
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