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Today's Amanuensis Monday subject is a transcription of an 1853 Lawsuit between children's of David Rushing and a firm called Yarbro & Luton. 1
Samuel J. Yarbro and Jonathan Luton, }
partners, under the firm name, and style,}
of Yarbro & Luton, Comp's, 411 v. } In Chancery.
Holden Rushing; Cornelius White}
adm'or of the estate of Enoch D.}
Rushing William G. Rushing }
Calvin Rushing; Rebecca Jackson}
Richmond White; Egbert White;}
Emily J. White, Nancy White; }
Tillman White; Haywood White;}
Sarah White; Mary White;}
Alexander Lowry; Robert H. Lowry;}
William Lowry; Amanda Lowry;}
and Martha Lowry, Def'ts.}
The Bill in this cause alleges in substance, that deft, Holden Rushing, on the 27th Dec. 1851, made his promissory note to Compl'ts, for $88 38-100, due one day alter date; that judgment was recovered by them on said note, on the 28th August, 1852, for 96 08-100; and execution issued thereon and returned "no property found, "that said Rushing is insolvent; that on the ___ day of____, 1850, one Enoch D. Rushing, brother of said Holden, died in Sumter County, Ala., leaving $804, in money, and other property, worth $1200; that letters of administration upon said estate have been granted by the Probate Court of and County to said Cornelius White; that said Enoch died intestate and left no wife or child, he never having been married; that his heirs at law are the said Holden, William G., and Calvin Rushing, brothers, and Rebecca Jackson, sister of said Enoch and widow of John Jackson, each over 21 years of age; said Richmond, Egbert, Emily J., Nancy, Tillman, Heywood, Sarah, and Mary White, children of' Martha White, dec'd, who was a sister of said Enoch and in her life time the wife of Albert White---all of whom are minors; and said Alexander and Robert H. Lowry--over 21 years of age--- and William, Amanda,and Martha Lowry, under 21, all children of Jemima Lowry, dec'd, who, in her life time, was the Wife of Robert Lowry and sister of Said Enoch; all of said heirs residing in or near Decaturville, Decatur County, Tennessee.
The Bill prays, insubstance, a reference to ascertain what is due from said Holden to Compl'ts; what said Holden is entitled to, and will be entitled to, as heir of said Enoch; that said adm'or be decreed to pay Compl'ts the am't, or so much thereof as may be necessary for that purpose, of said Holden’s share in satisfaction of what may be found due them; and that an injunction be issued to said adm'or, restraining him from paying over said Holden's said share of said estate to him or any one else.
And it appearing from the Bill, which is sworn to, that all of the Def’ts, except White, the adm’or, reside in or near Decaturville, Decatur County, Tenn, that said Holden, William G. and Calvin Rushing, Rebecca Jackson, Alexander and Robert H. Lowry, are of full age; and that said Richmond, Egbert, Emily J., Nancy, Tillman, Haywood, Sarah & Mary White, and William, Amanda, and Martha Lowry, are minors.
It is, therefore, on motion of said Complainants, by their Solicitor, ordered, by the Register and master of said Court of Chancery, that publication be made in the "Sumter County whig," a public newspaper, printed and published, weekly, in Livingston, afore said, for four consecutive weeks, requiring said non-resident defendants to appear and answer or demur to said Bill within sixty days from the date of this order; or in default thereof, the same will be taken as confessed by said def'ts, of age, and Guardians ad litem will be appointed to defend on behalf of said minors.
And it is further ordered, that a Copy of this order be furnished said newspaper; another be posted upon the Court-house door of said County of Sumter; and another be sent, by mail, to each of said non-resident defendants, to their respective address, as aforesaid all within forty days from this time.
A Copy
Teste. GEO B. SAUNDERS, R. & M.
Jan. 17th 1853
J. O. Williams, Sol. For Comp’s
The defendants in this case are all children of David Rushing and Nancy Rebecca Deason of Anson County, NC. Seven children were named; two were omitted, Darling and Jane, their first borne and last borne.
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1. "Holden Rushing & Others," Lawsuit, Sumter County Whig, Livingston, Alabama, 25 January 1853, Page 3, Column 3; Digital On-Line Archives, Newspapers.com (https://www.newspapers.com/ : viewed 29 November 2022); https://www.newspapers.com/.
2. Sumter County Whig, Livingston, Alabama · Tuesday, January 25, 1853, Page 3, Column 3
