A supplemental petition to the Best heirs’ petition.

David Crocket Best et als. }      Supplemental Petition

Hillary Best et als.              }

To the Superior Court of Wilson County:

The petitioner herein, in  addition to the matters and things set forth in the foregoing petition, complain and allege:

That on the 25 day of October 1899, David Crocket Best and his wife Caroline Best, borrowed from C.J. Jones the sum of Ninety Three Dollars to enable them to complete the house now located on the lot described in paragraph 4 of the petition in this Cause, and on said day executed and delivered to him their Joint note for said amount and a mortgage securing the same, said mortgage being recorded in Book 53 on page 137, Wilson County Registry: That every cent of the $93.00 secured by said mortgage was expended on said house and was absolutely necessary before the said house could be occupied; that said expenditure was necessary and greatly improved the value of said lot; that there now remains unpaid on said note about $90.00; that David Crocket Best and Caroline Best purchased said lot and that they, together with Germima Best and George Best, deceased, are the only persons who have ever paid a cent either on the purchase price of the lot or for the improvements placed thereon since same was purchased; that neither of the defendants have ever paid any amount for said lot or toward making the improvements thereon and at the time said lot was purchased David Crocket Best and Caroline Best made the purchase and paid nearly all of the purchase price, but had the deed made, giving the remainder to Germima and George Best for the reason they helped pay a small amount thereon; that the petitioner desire that this mortgage debt be paid out of the proceeds of said sale, and that the purchase money, after deducting the costs of sale, he paid into the Clerks office, and that the Clerk pay out of said purchase price the Amount now due on said note and mortgage and hold the balance for reinvestment in real estate on like terms and conditions as the said lot, described in paragraph 4 of this complaint, is now held, upon proper petition in this court, filed for the purpose of reinvestment

Whereupon, Your petitioners pray in addition to the prayer set out in the petition herein, that the Commission who makes the sale shall pay into the Clerks office, after first deducting the cost of this proceeding, the purchase price for said lot and that the said Clerk pay off said note and interest and retain the balance of the purchase price until a suitable lot, at a reasonable purchase price, can be obtained and that the said fund be reinvested, upon proper petition being filed in this cause, in other real estate upon the same terms and conditions as the lot described in the petition is now held.

W.A. Finch, Atty for Petitioners

David Crocket Best and Germima Best, and after being duly sworn each for himself, deposes and says: that he has heard read the foregoing supplemental petition and that the same is true of his own knowledge, except as to those he believes it to be true.  David Crocket X Best, Jermima Best

Sworn to and subscribed before me this the 16 day of Feb, 1906  S.G. Newborn C.S.C.

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