LAWSUITS IN
Jefferson County, AR Chancery Court
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Submitted by: Kim Curlin Wettroth
Email: kwet@mindspring.com
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Summary: The index for Jefferson County Chancery Court records indicates that
Jesse J.J. and James A.V. Curlin were defendants in a lawsuit against A. Robert
Sherrill, plaintiff. There were 5 pages of entries in the Chancery Court records - page
310 was copied in entirety elsewhere. The years up to 1885 are the only ones on
microfilm at this time. The others would be found in the Jefferson County court house
records. These notations indicate there is a lawsuit which continues from 1872 - 1874
and is finally dismissed.
JEFFERSON COUNTY, AR
CHANCERY COURT RECORDS
BOOK D (1869-1876), PAGE 197
2 DEC 1872
# 567
A.R. Sherrill vs. J.J. Curlin, Et al
Now on this day came the Defendants by Solicitation and on leave file herein the Joint
Answer of J.J. and James Curlin two of the Defendants herein.
JEFFERSON COUNTY, AR
CHANCERY COURT RECORDS
BOOK D (1869-1876), PAGE 210
16 DEC 1872
#351
A.R. Sherrill vs. J.J. Curlin Et al
Now on this day comes the defendants by Solicitation and moves the Court for leave
to file the answer of H.D. Rainey one of the Defendants herein within sixty days which
is accordingly granted and by consent of parties it is ordered by the Court that this
cause be continued with leave to all parties to take Depositions
JEFFERSON COUNTY, AR
CHANCERY COURT RECORDS INDEX
FALL TERM 1873
Jefferson Circuit Court in Chancery
Robt. Sherrill plaintiff Jesse J. & James A.V. Curlin
Pages 197, 210, 310, 351, 419
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Date of Transcription: 17 September 1997 KCW
Location of Transcription: Cary, NC
Note: The above transcription was copied verbatim from the original to the best of my
abilities. The notation [ ] denotes my personal comments. Some of the paragraphs
were inserted by me - Kim Curlin Wettroth
Summary: Court minutes reflecting the case of Albert R. Sherrill, plaintiff, versus
Jesse J. Curlin, James A.V. Curlin, and William D, Rainey, defendants. A
promissory note for partial and back payment was exhibited and the note with the lien
accrued was assigned to the plaintiff Albert R. Sherrill. [Why did they owe him
money? Was it for land purchased? Which land?] Jesse J. Curlin had paid $288.43
on 8 August 1871 to lift an encumberance on land he had purchased from William D.
Rainey, therefore this was counted as a credit on the amount that Jesse J. and
James A.V. Curlin owed to Albert R. Sherrill. In addition Jesse J. and James A.V.
Curlin still owed $697 with 10% annual interest from 8 August 1871 to Albert R.
Sherrill. A lien was declared to exist on their lands described as the North half of the
Northeast quarter of Section 7, Township 4 South, Range 9 West and 60 acres off the
end of the North half of Southwest quarter of Section 8, Township 4 South, Range 9
West, containing 140 acres. If the $697 with interest was not paid before 1 January
1874 then the land was to be put up at public auction at the Court House in Pine Bluff,
Arkansas and a Special Commissioner named David W. Carroll was appointed to
handle this. William D. Rainey was ordered to pay Albert R. Sherrill the $288.43 with
10% interest from 8 August 1871 and that a lien was placed on his land described as
the North half of the Southeast quarter of Section 34, Township 4 South, Range 9
West containing 80 acres as security for the amount which was due 1 October 1874.
Notes on the side of the deed indicate that William D. Rainey did satisfy his
committment finally on 3 December 1874. The Curlins did not satisfy their part and
their lands were put up at public auction. Felix W. Smart bought it for $886.40 and
was deeded the land on 2 February 1874 [see later deed]. Felix W. Smart later sold
the same land back to the Curlins for $1 [why so low an amount??] on 8 November
1879.
Land involved: [N 1/2 of NE 1/4 of Sec. 7, Twp. 4 S, Rng. 9 W]
[N 1/2 of SW 1/4 of Sec. 8, Twp. 4 S, Rng. 9 W]
[N 1/2 of SE 1/4 of Sec. 34, Twp. 4 S, Rng. 9 W]
JEFFERSON COUNTY, AR
CHANCERY COURT MINUTES
BOOK D 1869-1876, P. 310-313
17 DEC 1873
Albert R. Sherrill, Plaintiff versus Jesse J. Curlin,
James A.V. Curlin, and William D. Rainey, Defendants
Court Case
Wednesday Morning Dec 17 1873
Court meets pursuant to adjournment it being the 45th day of the term -
Albert R. Sherrill } Plaintiff
vs.
Jesse J. Curlin }
James A.V. Curlin } Defendants
William D. Rainey }
567
This cause coming on to be heard in the bill? and answer? of said defendants Curlin
& Rainey and all of said defendants being duly correct more than ninety days before
the first day of the present term of this Court and the parties being present and
appearing by their respective Council this cause is submitted to the Court by consent
of parties and upon an agreed State of facts.
And it appearing to the Court this promissory note exhibited in said Complaint was
executed for part and back payment on certain lands mentioned in said Complaint
and the deed of Conveyance thereto attached as an exhibit and that said note with
the Lien accrued therein has been duly assigned to the plaintiff and it appearing also
to the Court the said defendant Jesse J. Curlin paid the sum of Two hundred and
Eighty Eight dollars and forty three cents on the 8th day of August 1871 in order to lift
an encumbrance that executed in the lands purchased from said William D. Rainey as
mentioned in said Complaint. Which payment was necessary to secure title in and to
said lands and it appearing that said Jesse and James A.V. Curlin are entitled to a
credit in the said note for the said amount of said paid at the date of said payment
and that the balance of said sum in said note specified remains unpaid.
It is therefore ordered adjudged and decreed that the said Plaintiff do have and
recover of and from the said Jesse J. Curlin and James A.V. Curlin the sum of six
hundred and ninety seven dollars with interest on that sum at the rate of ten per cent
per annum from the 8th day of August 1871, and that a lien is hereby declared to
exist on the said lands in the said Complaint set forth and enters? the sum of money
together with the interest that may accrue thereon as herein above stated shall be
fully paid to the said Plaintiff on or before the first day of January 1874.
That the said North half of North East quarter of Section seven [N 1/2 of NE 1/4 of
Sec. 7, Twp. 4 S, Rng. 9 W] and sixty acres off the end of the North half of the South
West quarter of Section eight in Township four South Range nine west [N 1/2 of SW
1/4 of Sec. 8, Twp. 4 S, Rng. 9 W] Containing one hundred and forty acres more or
less
shall be sold at the Court House door in Pine Bluff Jefferson County to the highest
bidder on a credit of three months after giving at least Twenty days notice of the said
sale the purchaser at said sale shall execute to the Special Commissioner hereafter
appointed his note for the purchase money bearing ten per cent interest per annum
from day of sale until paid and a lien shall be ?? on said land to accrue the payment
of the same and where said purchase shall be paid in full and the interest that said
Special Commissioner is hereby authorized to execute and deliver to said purchaser a
deed of Conveyance in proper form and report at the next term of this Court.
And it further appearing to the Court by oral Testimony allowed to be introduced that
the said assignment of said promissory note above herein mentioned by said William
D. Rainey to the Plaintiff was for the Consideration of the sale of the North half of
South East quarter of Section 34 in Township 4 South Range 9 West [N 1/2 of SE 1/4
of Sec. 34, Twp. 4 S, Rng. 9 W] 80 acres by said Plaintiff to said Rainey and that said
Plaintiff at the time of said assignment knew nothing of the said encumbrance on the
lands sold by said Rainey to said Curlins for which said promissory note was given
and that said assignment was taken by the said Plaintiff in good faith as payment for
the land herein last above mentioned.
It is therefore ordered and adjudged and decreed that said Plaintiff have and recover
of and from the said defendant William D. Rainey the sum of two hundred & eighty
eight dollars and forty three cents with interest thereon at the rate of ten per cent per
annum from the eighth day of August 1871 and that a lien is hereby declared to exist
on the North half of the South East quarter of Section 34 in Township 4 South Range
9 West [N 1/2 of SE 1/4 of Sec. 34, Twp. 4 S, Rng. 9 W] 80 acres. As? the North
half of the South East quarter of Section 34 in Township 4 South Range 9 West [N
1/2 of SE 1/4 of Sec. 34, Twp. 4 S, Rng. 9 W] 80 acres to secure the payment of said
last mentioned sum as part of the purchase money thereof and that makes said sum
of Two hundred and eighty eight dollars and forty three cents together with the
interest that may accrue as above stated shall be paid to the said Plaintiff on the first
day of October 1874.
Said land shall be sold at the Court House door in Pine Bluff Jefferson County to the
highest bidder on a credit of three months after giving twenty days notice of said sale
the purchaser at said sale shall execute his note for the assignment of his bid to the
Special Commissioner hereafter appointed payable in three months from day of sale
bearing ten per cent interest from date until paid. And said Special Commissioner
shall have authority upon the full payment of the said rate by said purchaser and the
interest to execute to said purchaser a deed of Conveyance in proper form for said
land.
And the said Plaintiff now presenting to the Court a deed of Conveyance executed by
him to said W.D. Rainey for the land last aforesaid with relinquishment of dower? the
same is approved by the Court and for the purpose of carrying out the decree David
W. Carroll is hereby appointed Special Commissioner with full power and authority to
execute and enforce the decree. And it is further ordered adjudged and decreed that
the Plaintiff recover half of his costs sustained? in this Case. And that all the Costs of
this suit be paid by said Plaintiff and said Rainey Share and Share alike and the said
Special Commissioner is hereby ordered to first pay all the Costs of this suit out of the
purchase money recovered by him and pay the balance over to the said Plaintiff and
report at the next term of this Court and Said Special Commissioner be allowed his
fair ?? Commission for executing this decree.
It was ordered that this Court do now adjourn until tomorrow morning 9 o'clock.
NOTES ON THE LEFT SIDE OF THE DOCUMENT - HANDWRITTEN ADDITIONS:
We the attorney & councilor for W.D. Rainey claim our? lien for Fifty-dollars on the N
1/2 of SE 1/4 of Section 34 in Township 4 S. R. 9 West [N 1/2 of SE 1/4 of Sec. 34,
Twp. 4 S, Rng. 9 W] containing 80 acres this 23rd day of Dec. 1873.
Attest: G.N. Prigmore Clerk Owner & Wise in Register
W.B. Allis D.C. W.F. Owner
Frank J. Wise
Attys.
Received this 12th day of December AD 1874 from ?? ?? the sum of fifty-dollars in
full satisfaction of the hereto undersigned attorneys lien?
Attest: G.N. Prigmore Clerk Frank J. Wise ?? of
W.B. Allis D.C. Owner & Wise in Liq.?
For value received this Decree is hereby satisfied this the 3rd day of December 1874.
Attest: G.N. Prigmore Clerk A.R. Sherrill [signature]
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Date of Transcription: 25 August 1997 KCW
Location of Transcription: Cary, NC
Note: The above transcription was copied verbatim from the original to the best of my
abilities. The notation [ ] denotes my personal comments. Some of the paragraphs
were inserted by me - Kim Curlin Wettroth
Summary: The index for Jefferson County Chancery Court records indicates that
Jesse J.J. and James A.V. Curlin were defendants in a lawsuit against A. Robert
Sherrill, plaintiff. There were 5 pages of entries in the Chancery Court records - page
310 was copied in entirety elsewhere. The years up to 1885 are the only ones on
microfilm at this time. The others would be found in the Jefferson County court house
records. These notations indicate there is a lawsuit which continues from 1872 - 1874
and is finally dismissed.
JEFFERSON COUNTY, AR
CHANCERY COURT RECORDS
BOOK D (1869-1876), PAGE 351
11 NOV 1874
#567
A.R. Sherrill vs. J.J. Curlin et al
On motion it it ordered that this cause for and the same is hereby continued generally.
JEFFERSON COUNTY, AR
CHANCERY COURT RECORDS
BOOK D (1869-1876), PAGE 419
??
#567
A.R. Sherrill vs J.J. Curlin et al
On motion of the Plaintiffs Attorney it is ordered that the Cause be and the same is
hereby dismissed.
Note: There are other Curlin references which need to be researched in Jefferson
County Court House:
Book 38 Page 67 1899
Book 4 page 208 1904
Book 57 Page 37 1905
Book 57 Page 591 1905
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Date of Transcription: 17 September 1997 KCW
Location of Transcription: Cary, NC
Note: The above transcription was copied verbatim from the original to the best of my
abilities. The notation [ ] denotes my personal comments. Some of the paragraphs
were inserted by me - Kim Curlin Wettroth