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Missouri Barlow and Southall Myrick

North Carolina, Alabama, and Mississippi

 

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MISSOURI BARLOW was born between 1790 - 1800, and died after 1834, but before 1840

She married SOUTHALL MYRICK  c1828

MISSOURI MYRICK vs. BRYANT BARLOW
24 March 1834

Know all men by there presents that I, Missouri Myrick of the County of Simpson and State of Mississippi and daughter, and one of the heirs and legatees of John Barlow, late of Perry County in said state, deceased.

Now know ye that I, the said Missouri Myrick hath made ordained, constituted and appointed and by there presents doth make my brother Henry Barlow, of the County of Simpson and State aforesaid my true and lawful attorney for and in my name or in his own name to ask, demand, sue for, recover and recieve of and from Bryant Barlow, Administrator of all the good and chattels rights and credits which were of the said John Barlow at the time of his death, his Executors and Administrators and all other persons liable to the payment thereof all such sum and sums of money as are, or shall be due and owing to her, the said Missouri Myrick for her part or share of the estate of the said John Barlow deceased, or for the interest or produce thereof and all of her part or share of any and every kind of property of said estate and to adjust and settle the account touching and concerning the same. And upon receipt of such sum or sums of money or such other articles or species of property as shall appear to be due and belonging to the said Missouri Myrick as aforesaid acquittances or other sufficient discharges for her and in her name; or in his own name to make and give giving and hereby granting to her said attorney full power and authority in the execution and performance of all and singular the premises as freely and effectually to all intents and purposes as the said Missouri might, or could do if personally present hereby satisfying and conforming all acts whatever her said attorney shall lawfully do or cause to be done in or about the premises.

In witness hereof, I have hereunto set my hand and seal this 24th day March

Missouri Myrick
Be it known that on the twenty fourth day of March in the year 1834 before me Wm. S. Smith, an active Justice of the Peace, in and for the County of Simpson and State of Mississippi, came Missouri Myrick, above named and acknowledged the above Power of Attorney to be her act and deed.

In testimony whereof I have, hereunto set my hand, affixed my seal twenty fourth day of March 1834

Wm S. Smith, JP
The State of Mississippi, Simpson County

I, Henry C. Bennett, Clerk of the Court of Probates and of the board of County Police of said County do hereby certify that Wm. S. Smith ESQ, whose hand and seal is affixed to the foregoing certificate of acknowledgement was an acting Justice of the peace in and for Simpson County on the 24th day of March 1834, and that due faith and credit is and ought to be paid to all his acts and deeds as such.

In testimony whereof I have hereunto set my hand and affixed my seal of office this 28th day of February 1834.

Henry C. Bennett
All the dates above had been changed from a January date ....but as you see the last date does not coincide with the March date....
PATSY MYRICK, ADMIN.  VS BRIANT BARLOW, ADMIN.
Superior Court of Chancery    June __ AD 1840

The Bill commences by stating that complaintant is Admin of Dennis Myrick, deceased.  That in said character she was ___ of ____ 1 year.  Briant Barlow for the use of Henry Barlow and that judgement was obtained against him in 1838 for $653.00 and cost of suit, that bond was given for the delivery of property, unforfeited, and execution issued thereon.  That this note on which said judgement was obtained was given by her intestate to said Briant Barlow as Administrator, for a negro girl purchased at the Administrators sale of said Briant Barlow.  The Bill further states that complaintant intestate was the owner of one distributive share of the estate of John Barlow the intestate of said Briant Barlow, by a purchase of the same from Southall Myrick and his wife Missouri, who was a daughter of said John Barlow, and took an assignement of their interest in a written power of attorney.  That some time about the time of the purchase of said Negro girl, it was understood between said Briant Barlow and complaintant intestate that the note given for said Negro girl would be satisfied and set off by the share of the estate belonging to said Southall Myrick and his wife.  That said note _____ sued on this use of Henry Barlow, is in fact the property of Briant Barlow.  That said Briant Barlow has never made a final settlement of the estate of John Barlow, deceased his intestate, and charges that as a fair and final settlement share in said estate would in amount be more than equal the amount of said note.

The answer supposes it to be true that judgement was obtained against complaintant as alledged in her Bill, and admits that the note sued was made payable to Briant Barlow as Admin. of John Barlow, deceased, although not ____ in the note, and that said note was given for the purchase of a Negro girl, Penny.  The Answer ____ that complaintant intestate ever was entitled to one share of the estate of said John Barlow, deceased.  The answer charges that Southall Myrick about 1828, that between two and three years subsequently ____ ______.  Southall Myrick left this state and has not been heard from since.  That said Missouri Myrick on the 24 March 1834, executed a power of attorney to Henry Barlow authorizing him to collect and _____ her portion of the estate.  That on the 13th day of Feb. 1837, the share of the said Missouri, as well as could their be ascertained was paid to said Henry Barlow and his reciept taken therefore.  The answer relies upon the long silence of nearly ten years, as to ban to her present recovery, even if he ever did have a right to do so.  And _____ that Briant Barlow even would have paid the share of the estate to said Henry Barlow had it been known that complaintant intestate had any claim of that nature against the said estate.  The Answer denies all knowledge of an agreement that said note should be off-set with the distributive share of said Southall Myrick and Missouri, and states very emphatically? no such agreement was made.  The Answer advises that the note said on is his own property a Admin.  The Answer admits that a final settlement of his intestate estate has not yet been made, but such settlement shall be made as early as possible, a copy of which final settlement when made is sought to be made of the Answer; and to share the actual condition of the estate.

The Answer positively denies complaintants interests in the estate of John Barlow, deceased, as also _____ _____ material allegations in the Bill.

Thus situated the ____ of the Answer must be taken as "_____" and consequently will dispose of the case as over?  If indeed complaintant intestate did purchase a share in the estate of John Barlow, the long and unexplained silence (preserved?) upon that subject, by the means of which the defendent, Briant Barlow was imposed on, and induced to pay Henry Barlow as atty. in fact of the very heir whose interest in the estate complaintant now claims, nearly the whole share of the estate _____ of itself to impose silence ____ upon the state claim setup in the Bill.   Courts of ____ and of land, never lend their aid to resesitate state claims, particularly when their ____ repose/report? has been _____ means of injuring third ____.  Will not the Statute of Limitations apply to this case?  It is thought so, and it is insisted upon in the Answer, and is none insisted upon this agreement.  Missouri Myrick's husband had been absent for nearly 10 years and has not been heard from since he left, will not this Court under all the circumstances shield the Admin. Briant Barlow who has acted honestly and with fidelity, _____ this _____ molestation of a person, who if she ever had an interest - which is very much questioned - has by her own and the ___ of her intestate (certainly?) lost it.  ______ think the (signature?) should be _____ the Damages allowed by Land

______  ______ Miles for B. Barlow

The separate Answer of Briant Barlow to the Bill of Complaintant of Patsy Myrick - complaintant - exhibited against Briant Barlow, Henry Barlow, and Southall Myrick - defendants.

This Defendant have and at all time hereafter saving and reserving unto himself all manner of benefits and ____ to the many errors and ____ and other (imperfections?)  in said complaintant - Bill of Complaint unto so much as such parts the ____ as the Defendant is advised is or are material for him to answer _______ Answering ______
Dennis and Patsy have not been identified, but much of the family believes these were not children of Missouri and Southall, but instead relatives of Southall, looking to pick up on Missouri's inheritance.  A marriage record found in Rankin Co Mississippi shows that Dennis Myrick had married Patsy ______, so the Patsy is mostly likely his wife, not his sister. Nothing further has been found for any of this family.
I have been unable to locate any census records whatsoever for Southall or Missouri Myrick.
 
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