Do you find clues in the newspapers? I found such a clue in the book, Eaton County Michigan Newspapers Volume 1.

Chancery sale – Thurston K. Wells vs. John Graham

Joyce Marple Liepins, Eaton County Michigan Newspapers (Charlotte, Michigan: J M Liepins, 1968),

That simple clue led me to write to the Eaton County Courthouse to request a copy of the Chancery record. Below is a transcription of that court record.

Page 1

155
The Circuit Court for the County of Eaton
In Chancery
Thurston K. Wells, Complainant
Vs
John Graham, Defendants

27
Decree and Order of Sale

Eaton County
Clerk’s Office
Filed this 17th day of May AD
1859 in open court
E. A. Foote
Register

The description and particular boundaries of the property authorized to be sold under [? By] virtue of this decree, so far as the same can be ascertained from the mortgage above referred to or from the Bill of Complaint in this cause are as follows, viz:

That certain piece of land situate in the county of Eaton and State of Michigan being the north east quarter of the South West quarter and the South East quarter of the North West quarter of Section Twenty six (26) in Township Four (4) North of range Four (4) West containing eighty acres of land according to the [mutual]states survey by the same more or less
Benjamin F Gra[us]
Circuit Judge

Page 2
Decree in Chancery
28
The circuit Court for the County of Eaton
Thurston K Wells complainant
Vs John Graham
Defendant
In Chancery
At a session of said court held at the court house in the village of Charlotte on the 17th day of May AD 1859
Present Benj F Gra[ns]
Cir Judge

This cause came on to be heard and was argued by Counsel; and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows, viz
On reading and filing the Report of John H Kimball one of the [? Of this Court, which Report bears the date the 19th day of May in the year one thousand eight hundred and fifty-eight and was mad in pursuance of the Order of this Court, heretofore made in this cause, referring it to one of the [Commissioners] of this Court, to compute the amount due to the Complainant on the and mortgage mentioned and set fort in the Bill of Compaint, from which it appears that there was due to the said Complainant at the date of said Report, for said principal and interest, the sum of
Thirteen hundred and thirty-six dollars and eleven cents
And on reading and filing the affidavit of D Darmin Hughes [one of the] solicitors for Complainant showing the regularity of the proceedings in the cause to take said Bill of Complaint as confessed; and on motion of Hughes & Woolly Counsel for the Complainant, it is ordered, adjudged and decreed, and this Court, by virtue of the authority therein vested, doth order, adjudge and decree, that the said Report, and all things therein, contained, do stand ratified and confirmed. And it is further ordered adjudge and decreed, that the said Defendant pay or cause to be paid to t he said complainant or to this Solicitors the amount so reported due as aforesaid, together with the interest and costs, on or before the 13th day of March June in the year one thousand eight hundred fifty [nine to him] and in default thereof, that all and singular the said mortgaged premises mentioned in the Bill of Complaint in this cause, and hereinafter described, or as much therof as may be sufficient to raise the amount due to the Complainant for the principal, interest and costs in this case, and which may be sold separately without material injury to the parties interested, be sold at public auction, by or under the direction of the [commissioner] of this Court at any time after the said 18th day of June in the year one thousand eight hundred and fifty-nine that the said sale be made in the county where the said morgaged premises, or the greater part therof are situated; that the commissioner give public notice of the time and place of such sale, according to the course and practice of this Court and that the Complainant or any of the parties in this cause, may become the purchaser; that the Comissioner execute a deed to the purchaser or purchasers of the mortgaged premises on the said sale; and that the said commissioner out of the proceeds of said sale, pay to the Complainant or his solicitors costs in this suit to be taxed,and also the amount so reported due as aforesaid, together with legal interest theron, from this date of said report or so much thereof as the purchase money of the mortgaged premises will pay of the same; and that the Commissioner take receipt for the amount so paid, and file the same with his Report; and that he bring the surplus moneys arising from said sale, if any there be, into Court without delay, to abide the further order of this Court. And it is further ordered, adjudged and decreed, that the Defendant and all

Page 3
29
Persons claiming or to claim from or under them be forever barred and foreclosed, of, and from all equity of redemption, and claim, of, in and to said mortgaged premises, and every part and parcel thereof. And it is further ordered, that the purchaser or purchasers of said mortgaged premises at such sale, be let into possession thereof; and that any of the parties of this cause, who may be in possession of said premises or any part thereof, and any person who, since the commencement of this suit, has come into possession under them or either of them, deliver possession thereof to such purchaser or purchasers, on production of the deed for such premises, and a certified copy of the order confirming the Report of such sale, after such order has become absolute. And it is further ordered and decreed, that if the moneys arising from said sale shall be insufficient to pay the amount so reported due to the Complainant with interest and costs and expenses of sale as aforesaid, that said Commission specify the amount of such deficiency in his report of said sale
John Graham
The description and particular boundaries of the property authorized to be sold under and by virtue of this decree, so far as the same can be ascertained form the mortgage above referred to or from the Bill of Complainant in this cause are as follows, viz:
That certain piece of land situate in the county of Eaton and State of Michigan being the North East quarter of the South West quarter and the South East quarter of the North West quarter of Section Twenty six (26) in Township Four (4) north of Range Four (4) West containing eighty acres of land according to the United States survey by the same more or less
Benjamin F Gra[us}
Circuit Judge

155
The Circuit Court for the County of Eaton
In Chancery

Thurston K. Wells
Complainant
Vs
John Graham
Defendant
27

Decree and Order of Sale
Ma[y] 17th

Eaton County
Clerk’s Office
Filed this 17th day of May A.D.
1859 open Court
E A Foote
Register

Page 4
155
In Chancery Court
Thurston K Wells
Complt
Vs
John Graham
Deft
Report of Sale, &C
Hughes & Woolley
37
Plaintiff’s Solicitor

Eaton County
Clerk’s Office
Filed this 27th day of December AD 1859
E.A. Foote
Register

Page 5

Publisher’s Affidavit
40
State of Michigan
County of Eaton

Chancery Sale
State of Michigan The Circuit Court for the county of Eaton,; In Chancery,
Thurston K. Wells, complainant, vs John Graham defendent.
By virtue and in pursuance of a decree of this court made in the above cause and bearing date the 17day of Mar 1859, I the undersigned Circuit Court Commissioner for the county of Eaton, will expose for sale at public vendue to the highest bidder, at the Court House in Charlotte, in said county, of Eaton, on the twelfth day of December, 1859, at one o’clock in the afternoon, the premises described in said decree as follows The certain piece of land situate in the county of Eaton and State of Michigan, being the north east quarter of the northwest quarter of section twenty six (26 in Township four 4 north of range four 4 west, containing eighty acres of land according to the United States survey be the same more or less.

Joseph Saunders, being duly Sworn deposes and says, That he is the Publisher of the Eaton County Republican, a weekly newspaper printed and circulated in said County of Eaton, and that a Notice, of which the annexed printed one is a true copy, was published in said newspaper once in each week for six successive weeks next preceding the day of sale.
J Saunders,
Publisher
Subscribed and Sworn before me this 12th
Day of December, A.D. 1859
John H. [Kunhall]
[the courthouse]
In Eaton County

Printer’s Fee
$4.00

Page 6
Master’s or Commissioner’s Report of Sale
In the Circuit Court for the County of Eaton
In Chancery
Thurston K. Wells
Complainant
Vs John Graham
[defen]dant

To the Circuit Court for the County of Eaton
In Pursuance and in virtue of a decree of this Court, made in the above cause by the Judge thereof and bearing date the seventeenth day of May in the year one thousand eight hundred and fifty-nine by which it was among other things, ordered and adjudged and decreed that all and singular the mortgaged premises mentioned in the bill of complaint in this cause, and hereinafter described, or so much thereof as might be sufficient to raise the amount reported due to the complt as therein mentioned for principal and interest, and the costs in this case, and which might be sold separately without material injury to the parties interested, be sold at public auction, by or under the direction of the Commissioners for the county of Eaton that the said sale be made in the County where the said mortgaged premises, or the greater part thereof, are situated; that the Commissioner give public notice of the time and place of such sale, according to the course and practice of this Court, and that the Complt or any of the parties of this cause might become the purchaser that the Court execute a deed to the purchaser of the mortgaged premises on the said sale; and that the Court pay to the said Complt or his solicitor out of the proceeds of said sail, his costs in this suit to be taxed, and also the amount so reported due as aforesaid, together with legal interest theron from the date of said report, or so much thereof as the purchase money of the mortgaged promises would pay of the same, and that the court take receipts for the amount so paid, and file the same with his report; and that he retain the surplus moneys arising from the said sale, if any there should be, in his hands, to abide the further order of the Court. And, whereby it was further ordered and adjudged that if the moneys arising from the said sale, should be insufficient to pay the amount so reported due to the complt with the interests and costs as aforesaid, that the said commissioners specify the amount of such deficiency in his report of the sale; I, the subscriber, the Circuit Court Commissioners of the County of Eaton.
In said county, do respectfully certify and report that having been charged by the solicitors for the complete with the execution of the said decree or judgment, I advertised and premises to be sold by me at public auction at The Court House in the County of Eaton, Michigan
On the twelfth day of December in the year one thousand eight hundred and fifty nine that previous so said sale, I caused notice thereof to be publicly advertised, for six weeks successively, as follows, viz: by causing a printed notice thereof to be fastened up in three public places in the
Where such premises were to be sold, and three notices fastened up in the ______ in which the said mortgaged premises are situated, and by causing a copy of such notice to be printed once in each week, during the six weeks immediately preceding said sale, in a public newspaper printed in said county of Eaton
Which notices contained a brief description of the said mortgaged premises.
And I be further report, that on the said twelfth day of December in the year one thousand eight hundred and fifty nine the day on which the said premises were to be advertised to be sold as aforesaid, I attended at the time and place fixed for said sale, and exposed said premises for sale, at public auction, to the highest bidder, and the said premises were then and there fairly struck off to
Charles Kennedy of Clinton County
Michigan for the sum of five hundred dollars he being the highest bidder therefor, and that being the highest sum bidden for the same.
And I do further certify and report, that I have executed, acknowledged and delivered to said purchaser the usual comms’r deed for said premises, and have paid over or disposed of the purchase moneys or proceeds of said sale as follows, viz: I have paid to the [soles] for the complt the sum of twenty nine 29/100 dollars being the amount of his costs of this suit, with the interest as taxed, and have taken a receipt therefor, which is hereto annexed.
I have also retained in my hands the sum of eighteen 37/100 dollars being the amount of my fees, commissions and disbursements on

Page 7

I also further certify that there is at this date remaining due and unpaid on said mortgage for principal and interest the sum of one thousand and thirty nine & 77/100 dollars

And I do further certify and report, that the premises so sold and conveyed as aforesaid, were described in said judgment, and in the deed so executed by me as aforesaid as follows, viz:
That certain piece of land situate in the county of Eaton and state of Michigan, being the north east quarter of the south west quarter and the south east quarter of the north west quarter of section twenty six in town four north of range four west containing eighty acres of land according tot he United States survey be the same more or less

All which is repectfully reported to this Court Dated December 12th 1859

Page 8
43
In Chancery Court
Thurston K Wells
Complt
Vs
John Graham
Deft

Received December 12th 1859 of John [U] Kimball of Charlotte the Comr who made the sale of the premises under and by virtue of the decree or judgment in the above entitled cause, the sum of Four hundred & forth two 72/100 dollars [$442.72] which sum, being part of the proceeds of the sale of said premises is received by me under and by virtue of the provisions of said decree or judgment, $1336.11 being the amount adjudged to be paid to said complt with interest thereon, as mentioned in said decree or judgment and the same has been paid by us to the said complainant.
Hughes & Woolly Solicitor for Compt

In Chancery Court
Thurston K Wells
Complt
Vs
John Graham
Deft

Received December 12th 1859 of John H Kimball of Charlotte the Comr who made the sale of the premises under and by virtue of the decree or judgment in the above entitled cause, the sum of twenty nine 29/100 dollars [$29.20] being the amount of my costs in said cause as taxed, with the interest as taxed, which costs are paid me by said Compt under and by virtue of the provisions of said decree or judgment and the same has been accounted for [?] the complainant
Hughes & Wolly Solicitor for Complt

Without that one sentence in the newspaper extract, I doubt that I would have located the Chancery Court Record.