John Cooper filed a bill in chancery in the circuit court of Raleigh county at September rules 1860, alleging that in 1852, one Henry Massey departed this life, leaving a widow, Mariah T. Massey; that lie was seized in fee simple of a certain tract of land lying in said county, known as the Shumate Place, and that Massey by bis last will and testament .devised the same to Ms widow; that complainant Cooper bad married the widow by whom she bad issue of two children, one of whom died in tender infancy, and the other, Ida Huse Cooper, still survived; that the wife of Cooper had also departed this life, but at her death both of the children were alive; that during the lifetime of Ms wife, Mariah, he had sold the land before mentioned to one JB. R. Linkous, for the sum of 1,000 dollars, and liad taken his five several bonds to secure the payment thereof of 200 dollars each, and had executed to Linkous a bond for the title to the land; that no part of the purchase money thus secured had been paid; that the complainant would execute a deed with covenants of general warranty and file the same with the papers of the cause; that a decree of the circuit court of Fayette county had been rendered confirming the sale to Linkous, so far as the interest of the infant, Ida Fuse Cooper, was concerned, and authorizing a conveyance of the land to be made to Linkous-, ho therefore prayed that the chancellor would enforce his vendor’s lien by decreeing a sale of the land, and that Ida Fuse Cooper and Linkous be made parties defendant.

The copy of the decree of the circuit court of Raleigh county, filed with the complainant’s bill, showed that it was rendered in November, 1859, in a cause wherein Ida Fuse Cooper, an infant, by Seth Fuse her next friend was complainant., and John Cooper, guardian ad litem, was defendant. The following extract from that decree embraces all the matter pertaining to this suit:

“ This cause came on this day to be heard upon the bill of said infant by her next friend, and the answer of her guardian ad litem, who is her father, and the court being satisfied that botli the next friend of said infant, who is her grandfather, and her father, who is her guardian ad litem., are both persons of good judgment, discreet, prudent and responsible, and well qualified to judge of the interest of said infant:

Loth adjudge, order and decree, That the sale of the land referred to as having been made, may be perfected; and John B. Jones, who is hereby appointed commissioner for that purpose, shall execute a conveyance of the same whenever lie may be reejuested by the father of said infant, to any person; It appearing from affidavit filed, that the land in .Raleigh county, is considerably improved and reduced to cultivation, and both tliat tract, and the house and lots in Fay-etteville, or the improvements thereon, are liable to go to waste if rented, and that a sale would probably he more advantageous to tiro interest of the infant;

…

Citation profile

How this case has been treated — in progress