IN THE CHANCERY COURT OF CHESTER COUNTY, TENNESSEE
CLYDE BO TURNER,
PLAINTIFF
V.
ALL KNOWN & UNKNOWN HEIRS OF
A.D. COLLINS; AND ANY AND ALL
PERSONS CLAIMING AN INTEREST
TO THE REAL PROPERTY IDENTIFIED
AS MAP 034, PARCEL 074.02,
CHESTER COUNTY, TENNESSEE
PROPERTY ASSESSOR,
DEFENDANTS.
DOCKET NO. 2024-CV-1491
ORDER ALLOWING SERVICE BY PUBLICATION
IN LIEU OF PERSONAL SERVICE
Plaintiff Clyde Bo Turner has filed a Motion for an Order allowing service of process upon Defendants by publication in lieu of personal service. Plaintiff has demonstrated by affidavit that the Defendants’ whereabouts cannot be otherwise ascertained after diligent inquiry, pursuant to Tenn. Code Ann. § 21-1-203(a).
It is therefore, ORDERED, that personal service on the Defendants shall be dispensed with, pursuant to Tenn. Code Ann. § 21-1-203(a), and that the Clerk of this Court shall:
1. Forthwith cause a copy of this order to be published, for four (4) consecutive weeks in the Chester County Independent, which newspaper is a newspaper of general circulation in Chester County, Tennessee; and
2. The copy of this order that is to be published shall include the names of the parties to this action, the name of this Court, and the location at which this Court is held.
3. The copy of this Order that is published shall further notify the Defendants that they must answer or otherwise respond to the complaint in this action within 30 days of the fourth weekly publication of this order, and if they do not answer or otherwise respond, a default judgment may be entered against them.
ENTERED this 17th day of June, 2024.
/s/ Steven W. Maroney
CHANCELLOR
APPROVED FOR ENTRY:
/s/ JAY L. JOHNSON, #020155
Attorney for Plaintiff
P.O. Box 97
Henderson, TN 38340
(731) 989-2608
jay@jayjohnsonlawfirm.com
NOTICE OF SALE OF REAL ESTATE
WHEREAS, by Deed of Trust dated March 25, 2022, and recorded on April 5, 2022 appearing of record in Record Book 490 page 655, in the Register’s Office of Chester County, Tennessee, Christopher L. Holder and Breanna Holder conveyed to William T. Chapman, Trustee, certain real estate therein described, to secure the payment of a certain indebtedness therein set forth to The Peoples Bank; and
WHEREAS, Breanna Jordann Holder’s interest in the property was divested and the same vested in Christopher Lee Holder by Final Divorce Decree of record in the Chancery Court of Chester County, Tennessee, and recorded in Record Book 512, page 330 in the Register’s Office of Chester County, Tennessee.
WHEREAS, default has been made in the payment of the indebtedness secured by the Trust Deed, and The Peoples Bank the lawful holder of the note evidencing the indebtedness has declared the entire balance due and payable; and
WHEREAS, Charles C. Exum was appointed Successor Trustee by instrument appearing of record in Record Book 519, page 457 in the Register’s Office of Chester County, Tennessee.
NOW, THEREFORE, notice is hereby given that on August 13, 2024 at 1 o’clock p.m., at the front door of the Court House in Henderson, Chester County, Tennessee, I will sell to the last, highest and best bidder for cash and in bar of all rights to homestead, curtesy and dower, appraisement, and the marshalling of liens and assets relating to the property; equitable and statutory rights of redemption after foreclosure sale, all of which were expressly waived to the extent not prohibited by law, the following real estate, lying and being in the Second Civil District of Chester County, Tennessee, and more particularly described as follows:
BEGINNING at a point in the centerline of Johnson Crossroads Road, which point is the Southeast corner of William Kirk as recorded in Deed Book 89, Page 841 Register’s Office of Chester County, Tennessee, said point being the POINT OF BEGINNING; thence with the centerline of Johnson Crossroads Road the following two calls S.16°18’09” E., a distance of 70.74 feet; thence S. 18° 35’25”E., a distance of 207.96 feet to a cotton spindle set; thence on new lines of Liles, the following two calls S. 71°21’08”W., a distance of 345.49 feet; thence N. 18°38’52”W., a distance of 422.85 feet to an iron pin set on the South line of Kirk; thence with the South line of Kirk, the following two calls N. 75°46’ 17”E., a distance of 158.09 feet to an iron pin set; thence S. 73°59’28”E., passing an iron pin found at 202.93 feet an continuing for a distance of 232.17 feet to the POINT OF BEGINNING. Containing 3.00 acres as surveyed by Advanced Land Surveying, Inc., R.L.S. #2127 on October 29, 2021.
There is a mobile home assessed to the property.
Being the same property conveyed to Christopher Holder and wife, Breanna Holder, by deed dated November 1, 2021, appearing of record in Record Book 483, page 560, in the Register’s Office of Chester County, Tennessee. Being the same property conveyed to Christopher L. Holder from Breanna Jordann Holder by Final Decree appearing of record as Docket No. 2023-CV-1441 in the Chancery Court of Chester County, Tennessee and also filed for record in Record Book 512, Page 330, in the Register’s Office of Chester County, Tennessee.
Map 023 Parcel 003.04
Description taken from Record Book 483, page 560 in the Register’s Office of Chester County, Tennessee. No opinion is rendered by the undersigned as to the accuracy of the legal description.
The street address of the property is 115 Johnson Crossroads Road, Jacks Creek, TN.
Said property will be sold by me as Successor Trustee only and subject to any unpaid taxes and assessments and all valid restrictions, covenants or easements, if any, of record on said property, and subject to any and all other liens having priority over the Trust Deed. The Successor Trustee reserves the right to make oral announcements at the time of the public sale which shall apply to the terms of the sale. The Successor Trustee may postpone any sale hereunder to another time or place by so announcing to all present at the time and place of the sale scheduled herein, without the necessity of any further notice whatsoever.
INTERESTED PARTIES: Christopher L. Holder and Breanna Holder.
THIS IS FOR THE COLLECTION OF A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
/s/ Charles C. Exum
Charles C. Exum, Successor Trustee
Rainey, Kizer, Reviere & Bell, P.L.C.
105 South Highland
Jackson, TN 38301
731-423-2414
