================================================================================ *** Jackson Co., TN Loose District/Chancery Court Papers ================================================================================ ================================================================================ *** 44 ================================================================================ -------------------------------------------------------------------------------- [NEW] ALLEN, DAVIS, Guardian of ALLEN, LENARD & GILLIE County 1910 Davis Allen qualified as guardian of Lenard & Gillie Allen, heirs of Ava Allen, deceased on 3 May 1909. Settlement dated 4 May 1918 made 4 May 1918, Settlement Book C, page 566 indicated balance due was $570.90 plus interest of $34.49 = $609.39. 19 November 1910, "To Amount of Land Fund Received from Clerk & Master and S. L. Pate on Dec 10, 1910 (Bettie Garrison land fund) $270.15". SETTLEMENTS: 5 May 1913; 3 May 1910 recorded Guardian Settlement Book E, page 73; 4 May 1917 G.S. Book E, page 503. Balance was always about $570. No extraordinary expenditures, annual expense never exceeded interest. -------------------------------------------------------------------------------- [NEW] ALLEN, VINA vs ALLEN, LEE Chancery 1914 BILL OF COMPLAINT: Vina Allen against Lee Allen. Married 19 May 1913. Got along well until one month after marriage, defendant's father began to raise trouble, accusing Complainant of mistreating Defendant's children by a former marriage... would make false statements. Defendant has three children, all boys, oldest being 13 who is very rude and abusive to Complainant. Two of his said children, a boy going on 11 and one going on 9 would spit ambers [sic] in her biscuit dough when she was cooking... she complained to defendant and he said ambers were healthy. Defendant's 13 year old son said if she stayed there she would have to buy what she eat, when in fact they were living at Complainant's house on land she owned at their marriage. Children threw rocks at her, called her names. Defendant and his oldest son drank excessively. Defendant would stay drunk as long as 20 days at a time. She knew he was addicted to drinking when they married, he promised to quit. Some of her land was rented to Mr. Fate Carlisle and defendant took the rent corn and had meal made of it and had white lightning whiskey made of most of it. He became abusive, and she withdrew from her own home 9 April 1914. At the time of her marriage, she owned a cow, hogs, and three tracts of land adjoining each other bounded north by D. C. Poston, east by Mrs. Wright, south by Mrs. Bull west by Mrs. Helen Poston, about 175 acres. One other tract bounded north by Kirkpatrick, east by D. C. Poston and Bart Smith, south by D. C. Poston and west by Warren and Stafford, about 35 acres more or less, not very rich land, known as Flatt Woods. Defendant owned two mules, wagon, cow, land in the 9th District on Roaring River bounded north by J. W. Morgan, east by Asa Johnson, south by Mike Loftis, west by Henderson Lee, and the remainder interest in tract of his father who is about age 70. Defendant is occupying her home with his children, she is living with her parents. Complainant by virtue of emancipation act for women brought suit [blank] June 1914, act of replevin [return of unlawfully retained goods] against defendant for possession of her household goods and property, defendant appealed and it is still pending. Asks for divorce, return of her property, maiden name restored [not given]. 24 July 1914. /s/ V. J. Allen ANSWER: Lee Allen denies charges, admits his three motherless boys are somewhat rude but no more so than most their age. Says he sometimes drank to excess, was somewhat addicted, but never promised her he would quit. If any of his boys drank, he didn't know it. Denies he owns land or interest in land. Divorce action not brought in good faith. He loves her and wants her to return... she is being influenced by outsiders. /s/ Lee Allen BOND: Lee Allen to Vina Allen. Security C. C. [his X mark] Allen and John P. Cox [signed] 2 August 1914. BOND: Lee Allen to Vina Allen, June 1914. Securities C. C. [his X mark] Allen, Asa Lynn WITNESSES: Received 50 Cents per day witness fee, but no testimony on film, were Warren Morgan, Perry Morgan, Wm Lynn, W. D. Smith, Leslie Cox, A. L. Nealy, C. C. Allen, Bill Allen. -------------------------------------------------------------------------------- [NEW] ALLEN, R. W. & HARLEY, H. J vs CHAPMAN, SAMUEL & OTHERS 1878 SUMMONS: W. C. Minor and wife Mary to appear in Chancery Court 2 March 1878. SUMMONS: M. A. Herod, Samuel Chapman, Joshua Chapman, Mounce Chapman, W. C. Minor & wife Mary Minor, Angelina Chapman and [blank] Chapman to answer Bill of Complaint of H. J. Harley & R. W. Allen, 4th Monday in March 1878. PROSECUTION BOND: R. W. Allen & H. J. Harley to Sam Chapman, Joshua Chapman & Wash C. Chapman /s/ R W. Allen, H. J. Harley, M. G. Butler, William Loftis. NOTICE TO SHERIFF TO ATTACH: Pending outcome of trial... Samuel and Joshua Chapman are indebted to Complainants. Samuel Chapman, Washington Chapman and Joshua Chapman are each owners of an undivided interest, land in 9th District of Jackson Co. on Roaring River... adjoining lands of Amanda Overton, Thos Murphy, J. Terry, W. Terry & others on which Benjamin Chapman lived and died. Also Samuel Chapman is owner of some shares or interest in lands where M. A. Herod now lives bounded by Cumberland River, V. C. Lee, M. A. C. Eaton and others, and defendant Jack Herod is indebted to defendant Joshua Chapman, amount not known. 1st February 1878. ANSWER: Margaret A. Herrod to Bill of Complaint. Knows nothing of Chapmans indebtedness to Allen & Harley. At time of filing, said Chapmans were absconding and concealing themselves so process of law cannot be served. Chapmans are indebted to Respondent, she has previously filed to attach... they are insolvent. M. A. Herrod did not participate in any fraud. Suppose it true that Sam Chapman owns an interest in Benjamin Chapman place. He owns no interest in land where Respondent lives. Jack Herrod owes Joshua Chapman nothing as she is informed. BILL OF COMPLAINT: R. W. Allen and H. J. Harley against M. A. Herod, Samuel Chapman, Joshua Chapman, Washington Chapman, Andy Chapman, Mounce Chapman, W. C. Minor and wife Mary and [blank] Chapman and Angelina Chapman, all of Jackson Co. except Minor & wife of Clay Co., Tenn. Samuel Chapman owes R. W. Allen for a mule & yoke of oxen. Also owes, as merchants Harley & Allen, a mercantile business in Gainesboro, the sum of $11.10. Joshua Chapman also is indebted to them; Washington Chapman also indebted to them... all insolvent, absconding & concealing themselves to avoid payment. M. A. Herod being the mother-in-law of said Chapman, denies said Chapman owned any property. Samuel, Joshua and Washington Chapman are each owners of undivided interest in property in 9th District, together with the other defendants Andy Chapman, Mounce Chapman, Angelina Chapman and [blank] Chapman and Mary Minor, wife of defendant W. C. Minor in the 9th District... same on which Benjamin Chapman lived and died. Jack Herod, col, is indebted to defendant Joshua Chapman, it being purchase money on land where he the said Jack Herod now lives... 11 Feby 1878. /s/ R. W. Allen -------------------------------------------------------------------------------- [NEW] ALLEN, REBECCA, Admx of ALLEN, S. G. B. Circuit 1913 NOTICE TO APPEAR: Will make Final Settlement of S. G B. Allen estate 25 November 1913. Following to appear: R M. Allen, S. W. Allen, Mrs. M. J. Allen, Lee Allen, Renford Allen, Lassie Allen, Lillie Allen, Landen Hall & wife Zella Hall, Herman Jones & wife Parlee Jones, Sam McDonald and wife Zula McDonald, Otis Cherry & wife Nellie Cherry. JUDGEMENT RECOVERED: Jackson Co. Circuit Court against Louisville Lumber Co., March term 1913 in favor of heirs of S. G. B. Allen, deceased for $42.19. There being eleven heirs, each receiving 1/11, or $3.83 each: Mack Allen, one share & belonging to heirs of W. B. Allen, deceased. S. W. Allen, one share Zula McDonald, one share W. B. Allen & belongs to his heirs Parlee Jones, one share Nettie Cherry, one share Zella Hall, one share Lee Allen, one share Lassie Allen, one share Renford Allen, one share Lillie Allen, one share SETTLEMENT: 25 November 1913. Inventory filed 3/4/1913. Admr set Bk D, page 489. Total amount received, lawsuit against Louisville Lumber was $123.75. -------------------------------------------------------------------------------- [NEW] AMONETT, JAMES J. vs PURCELL, WM C. & Others Chancery 1858 PROSECUTION BOND: J. J. Amonett & Sydney S. Stanton to Wm C. Purcell & James W. Draper, 8 Sept 1858. BILL OF COMPLAINT: James J. Amonett vs William C. Purcell & James W. Draper. James J. Amonett executed note as security for Zachariah Vanhooser and Isaac Vanhooser to defendant Purcell... judgment confessed. Draper as Sheriff of Jackson Co, TN levied upon a negro girl as property of your Orator, to be sold to satisfy judgment. Purcell should have levied on Vanhoosers first. Isaac Vanhooser was owner of a tract on the north side of Cumberland River containing [blank] acres. 28 August 1858. /s/ James J. Amonett -------------------------------------------------------------------------------- [NEW] AMONETT, NANCY B. vs BRANSFORD, THOS L. Chancery 1849 Undersigned Commissioners were appointed by the Court at Gainesboro, July term 1849, to divide the negroes belonging to the late firm of Amonett & Bransford between Nancy B. Amonett, Virginia Amonett, Tennessee G. Amonett and Benjamin F. Amonett distributees and Martha P. Amonett, widow of William Amonett, deceased and Thomas L. Bransford of the other part on the 2nd November 1849 at Kinderhook near Celina, County of Jackson, in the presence of Martha P. Amonett & Luke T. Armstrong, next friend of said distributees who are minors, and Thomas L. Bransford - dividing the negroes as follows: To the widow and distributees, they allot: Sandy, of the value of $ 600 Susan and child 650 Jack 550 Dave 550 Charles 550 Elizabeth 500 Crayton 500 Jim [or ?Jince] 400 $4300 To Thomas L. Bransford they allot: Jinkins $ 600 Jim 600 John 600 Polly and child 600 Jasper 500 Spencer 500 Daniel 400 Charles 400 _____ $4200 Bransford to retain $100 of partnership funds to make up the difference. Dated July 8, 1850. /s/ W. C. Walker, Varney Andrews DOWER ASSIGNED: 7 February 1851, dower to Martha P. Amonett, widow of William Amonett, decreed July term 1849... Land in Jackson Co., TN on waters of Procters Creek, 183 acres, being one-third of the Lands Quantity & Quality of the said William Amonett this 27 December 1849. /s/ S. B. Fowler, Bennett Stone, Wm Gearhart, Varney Andrews, J. A. Stone [NOTE: Another document states in Dist. 6 - mlj]. TO SHERIFF: Five freeholders of Jackson County, Tenn to be appointed to allot Negroes of Amonett & Bransford on 1st Wednesday after 1st Monday in July, 1849 and assign dower to widow. [NOTE: This was combined with above, but appears to be a different case. - mlj]. BILL OF COMPLAINT: William Amonett & Thomas L. Bransford of Jackson Co. against ?Milton W. Melton of Monroe Co., Kentucky. 24 March 1842, one Joshua B. Hale of Jackson Co. executed Deed to Trust to secure debt. Said Hale was to have possession of negro man Bill until debt paid. Amonnett was authorized to sell said slave if money not paid. Orator believes Hale intends to take said boy out of this state to avoid payment of debts. 21 July 1849. -------------------------------------------------------------------------------- [NEW] AMONETT & BRANSFORD vs GATES, JNO N. et al Chancery 1846 DEED OF TRUST: I, Jno N. Gates do sell and convey to Russel M. Kinnaird land in Jackson Co., TN for five dollars and other considerations. Tract containing 320 acres more or less on the Cumberland River being one-half of a 640 acre tract granted to James M. Colyier... mouth of Dry Creek running up the river. One other tract granted by the State of Tennessee to Samuel Wilson, Grant No. 24737, Jackson Co. on north side of Cumberland River... begin lower side of mouth of Dry Creek being 439 acres lying in said county South of Walkers line, west of Cumberland River between said line and the parallel of latitude 36 deg. 30 min. on the waters of Cumberland River on the road from Thompkinsville to Bennett's Ferry and bounded as follows... Emanuel Holmes line in Wilson and McColgins 640 acre survey granted to said McColgin... corner to Moses Arterberry... with James McColgin's line... ridge dividing the waters of Knob Creek & Arterberry's branch... Emanuel Holmes... granted by the State of Kentucky to Samuel Wilson. Also tract in County of Jackson, Cumberland River, latitude 36 deg 30 min. bounded by Samuel Wilson's ten acre survey... heirs of James Black deceased... bank of Cumberland River granted by the State of Kentucky to said Wilson. 43 acres of said 439 acre tract bounded as follows... north boundary line of 18 acre survey of Wilson McColgins... having been decreed to said McColgin by Chancery Court at Gainesboro at November term 1842. To have and hold to said Russel M. Kinnaird and his heirs and assigns. This is made for the sole purpose... that I am indebted to William Amonnet & Thomas L. Bransford, a co-partnership, notes dated 2 Jan 1843, $52.78; 1 July 1842, $129.21; 1 Jan 1842, $205.52; 1 May 1842, $275 [also other notes - mlj]. If I pay on or before 17 Feb 1844 this deed to be void, but if not, said Russel M. Kinnaird after giving 30 days' notice... have and hold to said Russel M. Kinnaird, his heirs... 17 February 1843 /s/ J. N Gates BILL OF COMPLAINT: William Amonett & Thomas L. Bransford against John N. Gates & George McWherter. Gates is indebted to Complainants by Deed of Trust. Gates had purchased the interest of some of the Samuel Wilson heirs. Funds are in hands of defendant McWherter, Clerk & Master. Gates is insolvent. Dated 29 ?November 1844. BOND: William L. Gates and John N. Gates to J. D. Goodpasture, L. G. Settle, surviving partners of L. [or S.] E. Stone & Co. and Joel W. Settle. Jones & Cassetty [probably court officials or sheriffs - mlj] for the sum of $500 agree to postpone until 25 June next the sale of a tract of land on which said John N. Gates lives, known as the Graves tract, bounded east by Cumberland River, south by Shrewsbury & Dickerson, west by Wilson McColgin, north by Wm Walkers lands and the Knob creek place. Also a 60 acre tract adjoining same held by a Kentucky warrant... having been ordered to be sold. Dated this 14 May 1859. /s/ William L. Gates, John N. Gates -------------------------------------------------------------------------------- [NEW] ANDREWS, EDWIN J. vs LANGFORD, JOSIAH H. Chancery 1860 DEPOSITION: Wilson T. McColgin. Acquainted with lot, $100 would be a fair price. 6 August 1867. /s/ Wilson T. McColgin CAUSE HEARD: 3 Feby 1867. Title to town lot in Celina... beginning L. B. Peterman's corner... north side of Main Street to tract of land formerly belonged to Amonnet & Bransford... formerly Poleman's line, being the same lot purchased by Langford & Andrews from S. B. M. Fowler on 14 Feb 1850, be divested out of Complainant and Defendant and in purchaser ?Arch P. Green Clerk & Master to take proof and report as to a reasonable fee for Complainant's solicitor, and for D. M. Hail, guardian ad litem of Defendant Josiah H. Langford. BILL OF COMPLAINT: Edwin J. Andrews, Jr. of the State of Texas against Josiah H. Langford who is a lunatic and now in the Lunatic Asylum in Davidson County, Tenn. Orator & Defendant prior to 7 November 1850 were partners in trade. Purchased a town lot in Celina... purpose of erecting a Store house and they are now joint owners of said lot. Purpose of owning said lot ceased to exist, having dissolved partnership several years ago... defendant is a lunatic. Asks guardian be appointed for defendant, houses and lot be sold. DEPOSITIONS: A. P. Green, age 43. Value $100. /s/ A. P. Green L. W. Oglesby, age 33. Own lot adjoining, formerly owned by Amonett & Bransford. Lot value $150. /s/ COPY OF DEED: S. B. M. Fowler... sell & convey to Josiah H. Langford and Edwin J. Andrews, lot in Celina, Jackson County, Tennessee for the sum of $200... 7 November 1850. /s/ S. B. Fowler -------------------------------------------------------------------------------- [NEW] ANDERSON, JAMES vs CUNNINGHAM, S. H. Circuit 1879 ANSWER: Further plea on his behalf... Defendant to first count of Plaintiff's declaration states... before speaking words charged to him 1 Dec 1877, there was in Gainesboro a firm of merchants composed of Samuel H. Cunningham, Mounce L. Gore, George C. Jourdan, John S. Quarles, Hagwood H. Hix, Amonett F. Kirkpatrick and James T. Anderson. Plaintiff was a member of said firm... kept account of cash taken in and the cash book. Plaintiff took $1060 of firm's money and property appropriated to his own use, intent to defraud said firm. Plaintiff bought a county warrant from a widow woman using $10 of firm's goods. [No date]. /s/ Murray, Murray & Botts, Sol. for Defendant AMENDED ANSWER: James T. Anderson bought a witness claim of $4.00 from Tennessee Apple, a witness for the State of Tennessee vs H. G. Hoover, paid for it in goods belonging to the firm. 24 May 1879. Murray, Murray & Botts, Sol. DEPOSITION: A. W. Draper for Plaintiff at his residence in Jackson Co. on 18 September 1880. Age about 42. About four years ago, James T. Anderson was a candidate. Mr. Gailbreath was elected. Cunningham asked me if Anderson would get many votes. I told him I had to vote for him, I was akin to Anderson. Cunningham said if you knew what I know, you wouldn't. I don't reckon your are proud of it. He told me of missing money. I asked Cunningham if the charge could be proven and he referred me to Gore & Jourdan. /s/ A W. Draper SUMMONS: Abe Gore, col. to appear 1st Tuesday after 2nd Monday in May 1883. SUMMONS: John M. Gipson, ?L. H. Butler, D. W. Haws, L. Washburn, J. H. Loftis, 2nd Monday in September 1880. PLEA: Regarding Action for Slander, accusing Anderson of appropriating money to his own use and using firm's goods to buy County warrant... Not Guilty and six months' statute of limitations. -------------------------------------------------------------------------------- [NEW] ANDERSON, MATTHEW & Others vs MANEAR, ALLEN & Others and LEE, T. J., Administrator of Mathew Anderson Chancery 1867-1876 SETTLEMENT: 15 November 1889. Guardian's Settlement with J. S. Stanton, guardian of M. J. Anderson, minor heir of M. J. Anderson, deceased. Receipt: Received of Sydney Stanton, guardian of M. J. Anderson, $5.00 tuition. Receipt: Received of Sydney Stanton, guardian of M. J. Anderson, $25.00 for Board while at school five months. 22 July 1882. /s/ D. H. Armistead SETTLEMENT: 7 May 1884, J. T. Anderson, Guardian of Juble Lee Anderson, minor heir of M. J. Anderson, deceased. Settlement 7 May 1884 recorded Guardian Settlement Book A, page 320. SETTLEMENT: April term 1882, J. S. Stanton, guardian of M. J. Anderson, minor heir of M. J. Anderson ORDER TO SHERIFF: Attach land of Allen Maneer to satisfy judgment 6 Oct 1877, case of T. J. Lee, Administrator and Nancy Sadler vs Allen Maneer & others. BILL OF COMPLAINT: Matthew J. Anderson and Thomas C. Williams of Jackson Co., TN vs Alfred Masea of Jackson Co. Defendant executed Deed of Trust in favor of Complainant Matthew J. Anderson to secure payment of mare & yearling. About $81 remains unpaid, and Orator believes said Maise is about to convey mare and colt to defeat debt. COPY OF DEED OF TRUST: Mare & colt deeded in trust to Thomas C. Williamson, pending payment to Matthew Anderson, due 1st March 1867. Dated 1st December 1866. Alfered [his X mark] Mayse PROSECUTION BOND: Matthew J. Anderson, Thos C. Williamson & John P. Murray, $200 to Rial Mayse. 30 April 1877. INVENTORY OF PERSONAL ESTATE: Personal property of estate of Matthew J. Anderson sold 21 July 1873 [Itemized list of item/price on film - mlj]. Settlement 1st Monday in September 1875 gave Total Sale Bill of $1723.15. Buyers: J. M. Lee, W. D. Presley, Wm Steakley, W. R. Simpson, H. F. Sadler, A. Cornwell, W. F. Sadler, Albert Stanton, W. R. Stanton, Wm Stout, Wm Vittitoe, Lafayette Clinton, B. F. Ferguson, A. K. Williamson, Wm Lambert, W. M. Lambert, Isaac Holmes, J. M. Lansden, James Lambert, A. B. Holliman, G. B. Thompson, R. B. Montgomery, J. D. McKinley, A. Clemens, R. F. Maddox, Henry Sadler, Wm Dawes, Sarah Williamson, Jo Sample, G. T. Davis, James Long, J. M. Williamson, Nancy Sadler, W. W. Paulk, Malissa Manier, J. K. Williamson, Ace Anderson, Dillen Anderson, ?Nutty [smear] Anderson, James High, Lit Dawes, J. P. Barton, Tenn Sadler, Dock Sadler, A. B. Polk, Wes Buck, Marion McBroom, Jo Bullington, Isaac Sadler, Bettie Williamson, Jack Dawes, Hamp Apple, W. A. Montgomery, W. Agee, D. W. Eller, Thos Burges, A. Halfacre, John Sadler, A. L. Johnson, Downey Williamson, E. D. Sadler, Booker Myers, W. Dobbins, John Hargis, J. F. Pursley, John Keith, Cale Sadler, M. Barnett, F. D. Pursley, N. Simpson, A. Manier. Notes payable listed as assets of Robert Carter, Alpheus Pate, Seborn & J. D. Stewart, Wm Lambert. NOTICE TO SHERIFF: 20 March 1877. T. J. Lee, Admr &c recovered judgment on Allen Manear in favor of the guardian of Alcy McKinley for $750.43 in Chancery... land lying both in Jackson Co. and Putnam Co. Tennessee on waters of Martin's Creek where John Sadler (col.) now lives, being land of said Allen Manear. Land bid off by T. J. Lee and George McKinley. 3 Sept 1877. NOTICE TO SHERIFF: Estate settlement with Geo H. Morgan, Admr of M. J. Anderson, deceased, to be 5 April 1884. Notify T. C. Williamson and wife P. Williamson, James A. Anderson and T. B. Anderson... they may attend if they wish. FINAL SETTLEMENT: 25 November 1890, Final Guardian Settlement. M. J. Anderson, minor heir of M. J. Anderson, deceased. Last settlement made 1 Dec 1889, recorded Guardian Settlement Book R, page 81. All money that is coming to him from said estate, being $111.59. FINAL SETTLEMENT: 13 October, 1892, J. T. Anderson, guardian of Jubal Anderson, minor heir of M. J. Anderson, deceased. RECEIPT: Received of J. T. Anderson, my guardian, $298.63 in full of what he owes me as such guardian on this day. October 13, 1892. Jubilee [his X mark] Anderson ANSWER: Allen Manier to Bill of Complaint by Matthew Anderson & wife Nancy and others. Lee Sadler departed life intestate, leaving a large estate... at the time of his death, he was a citizen of Jackson Co., TN. No administrator was appointed. George W. McKinley & his wife Alscy who was a daughter of said Lee Sadler filed a bill against the other heirs and the widow of said Lee Sadler for the purpose among other things of having Lee Sadler's land sold to make division among heirs. A guardian ad litem was appointed for the minor heirs. Wm H. Botts, Clerk & Master on 30 Sept 1859 sold said land at public auction on a credit of one and two years, subject to widow's dower, which had been previously allotted to her. Elmore D. Sadler & Henry F. Sadler purchased the home tract for $3240, executed notes due 12 and 24 months with Albert Stanton as Security. February term 1860 the sale was confirmed, title divested out of the heirs and to Henry F. and Elmore D. Sadler, who according to previous agreement divided the land between them. Some time after said division, Elmore built a house on his part, which included the widow's dower, at her consent and she was living in the house. Respondent purchased Elmore D. Sadler's land for $2000. The adult heirs were willing to take Confederate States Treasury notes. About 9 November 1862, William H. Botts, C & M made settlement. Respondent and said Elmore D. and the other heirs and the widow of Lee Sadler were present. Respondent paid Elmore D. in Confederate States Treasury notes. Elmore D. Sadler then paid them to Botts, who settled with all parties. 9 November 1862, Elmore D. Sadler executed deed to Respondent Allen Manear, deed is registered. 23 May 1867. /s/ Allen Mineer BILL OF COMPLAINT: Mathew Anderson & wife Nancy Anderson, Henry Sadler, Charles W. Sadler, Nancy Sadler, William Sadler, Alsey McKinley by guardian Nancy Sadler, all citizens of Putnam Co., TN except Anderson & wife who reside in Jackson Co. against William H. Botts now of Jackson Co., TN, Allen Manear of Putnam Co., TN and Elmore Sadler, residence unknown. Lee Sadler departed life in Jackson Co. several years ago having a large estate. No one could be procured to administer. Land was decreed sold and was by William H. Botts, who was appointed administrator. [Alleged Confederate States notes was illegal currency]. Complainant Nancy Sadler is the widow of Lee Sadler and Nancy Anderson is the daughter of Lee Sadler and the other complainants and defendant Elmore are the children of said deceased. Said Alsy McKinley is the grand daughter of said deceased Lee Sadler by his daughter Alsy McKinley, deceased, [who was] wife of George McKinley. Complainant Alsy is her only heir and child. These are all the heirs or distributees except Leonidas Sadler who died intestate, a minor without issue. /s/ John P. Murray, Solicitor for Complainant DEPOSITIONS 11 December 1875: Thos J .Pointer age [smear; looks like could be 49 changed to 50]. I purchased a negro woman about 1858 or 1859 from Matthew Anderson on Martin's Creek. Gave $1175. Allen Manier was my security. Defendant Botts told me Henry Sadler got the note from Matthew Anderson. Botts told me he had to make settlement with Lee Sadler's estate and the note could be paid with Confederate money. He let Joel Settle have the note for a debt. I was very upset as I was ready to pay it. I later paid it off in greenbacks in 1865 or 1866 at Nashville. T. J. [X] Pointer AFFIDAVIT: May term 1875. Defendant Manear is lying dangerously ill as affiant is informed by his physician and others, and liable to die at any day, prays Manear's deposition be taken [Latin term, could read enough to figure they wanted it taken ASAP - mlj]. 26 May 1875. /s/ T. J Quarles DEPOSITIONS 30 September 1876, questioned by defendant Manear: Charles R. Ford age 65. My recollection is Tennessee bank notes were worth $.70 - $.75 to the $1.00 compared with gold or silver in 1862. Georgia, Alabama and So. Carolina were worth about $.50 on the $1.00 compared with gold and silver. No U. S. Treasury notes were in circulation at that time, rather I have no recollection of seeing them in Putnam or Jackson Co. /s/ Charles R. Ford J. H. Moore age 52. On 21 October 1862, Tennessee bank notes were worth $.70 - $.95 to the $1.00 compared with gold or silver. Georgia, Alabama and S. Carolina from $.40 - $.60 to the $1.00. All I can say about Treasury notes is Union men preferred greenbacks and Southern preferred Confederate Treasury notes. Tennessee, South Carolina and Georgia passed as current bank notes here. /s/ J. H. Moore DEPOSITIONS 15 December 1875 at the residence of Mrs. Nancy Sadler. Nancy Sadler age 75. I am the widow of Lee Sadler. In 1862 or 1863, parties to the suit met at my house and made settlement. Paid in Confederate States Treasury notes which I was not willing to accept for my grand daughter Alcy. He [Allen Manear/Manier] took back the Confederates States money and gave me his note. Col. John P. Murray and Matthew Anderson got the note from me. The money going to Leonidas was paid to me. He was in the Army. The date of his death was put down in the Family Bible I have here... he was going on 20 years old at the time of settlement and going on 21 when he died the year following. My grand daughter Alsa May is now going on 17 or 18. She was but a child when settlement was made. My son C. W. Sadler was in the army with Leonidas. George McKinley was also in the army, about the same place. I gave the note to John P. Murray for collection. William T. Hughes for Allen Manear offered to pay the note in Tennessee bank notes but I wouldn't take it because it was not good dollar for dollar with current money. The note was for $535 or $536.50 and was payable in Current Bank notes. s/s Nancy Sadler Henry F. Sadler age 42. Question: Did you hear Manier agree with your mother to pay her in good money if she would agree for Alla May's part to be settled? Answer: I never heard the agreement. Question: ...your mother Nancy Sadler... father Lee Sadler... Answer: I am an heir of Lee Sadler. I gave Botts a note on T. J. Pointer I got from Matthew J. Anderson for $1259.50. Anderson had sold Pointer a negro. s/s H. F. Sadler COPY OF RECEIPT: Dated October 10, 1862. Received of William H. Botts, C & M of Chancery, as Administrator of Lee Sadler: /s/ W. F. Sadler; /s/ H. F. Sadler; /s/ M. J. Anderson; Elmore [his X mark] Sadler; /s/ Nancy Sadler, Guardian of Leonidas Sadler; C. W. Sadler by Wm Sadler; Wm Sadler; Nancy Sadler, Trustee for Alcy McKinley & child ?Anna McKinley; /s/ Nancy Anderson W. F. Sadler, lawful age. Paid in Confederate money. Do not know if it was counterfeit, not a judge of confederate money. I let Jeff Lee have it and he returned it to me and said he could not pass it... people he tried to give it to said it was counterfeit. Settlement was friendly. I have never brought suit. Those present at the settlement were M. J. Anderson, E. D. Sadler, Henry F. Sadler, my mother and myself, Allen Manear and Botts. I don't remember if Anderson's wife was present or not. /s/ W. F. Sadler ADMINISTRATOR'S BONDS: Thomas C. McKinley, with security on both being James Hargis [signed] and James [his X mark] Pharis, made bond to administer estates of Alsy McKinley, deceased and Leonidas Sadler, deceased. States Alcy McKinley, wife of George died several years prior to filing, no one was appointed to administer. [Filmed different pages, but both dated 7 October 1875 - mlj]. AFFIDAVIT: James T. Clements, Solicitor for defendant Allen Manear, states Manear was unable to attend before the Clerk at the time account was taken regarding value of Bank notes in October-November 1862 due to inclement weather. Lives about twelve miles from Gainesboro, dangerous to drive Doe Creek Hill in his buggy. 20 April 1877. -------------------------------------------------------------------------------- [NEW - Misfiled?] SMITH, H. B. vs SMITH, FELIX Court? Date? [Note in Anderson file from D. C. Clark asking for the old papers of H. B. Smith vs Felix Smith, in order to have the old Smith will filed with these papers. No date - mlj]. -------------------------------------------------------------------------------- [RETURNS TO ANDERSON, MATTHEW - ESTATE - mlj] PHYSICIAN'S ACCOUNT: Mathew Anderson, debtor. Account with E. P. Hawthorne. June 28th to vis [?visit] self 5.00 " day & night attention 5.00 June 30 to vis his wife 5.00 July 1st vis self & medicine 5.00 Bal. in March 1873 2.50 June 25th to vis Father 2.50 Aug 26 '73 to vis son Mathew 2.?0 Dec 18, 1873 to vis Della @ C. W. Sadler's 5.00 Dec 15, 1873 " 5.00 Dec. 18 " 5.00 Dec 22 " 5.00 Dec 28th " 5.00 Jan 3rd, 1874 " 5.00 Feb 1st, 1874 " $ 57.50 AMENDED BILL OF COMPLAINT: Thomas J. Lee, Administrator, estate of Matthew J. Anderson, Henry Sadler, Charles W. Sadler, Nancy Sadler in her own right and as Trustee of Alcy McKinley, William Sadler, Allamay McKinley a minor girl by guardian George W. McKinley and George W. McKinley in his personal right, all of Jackson County, Tennessee except Charles W. Sadler and William Sadler of Putnam County against William H. Botts of Kentucky and Allen Mineer of Jackson County and Elmore D. Sadler of Putnam Co. [Blank] July 1873, Matthew W. Anderson died intestate. [Blank] July 1873 Nancy Anderson, the wife of said Matthew died intestate. She died first by a few days. Both resided at Jackson Co., Tennessee. Alcy McKinley, wife of George McKinley died. They left one child, Allamay McKinley. Leonidas Sadler, one of the sons of Lee Sadler, died about 1863 in the Confederate Army, minor and without wife or issue. DEPOSITIONS 12 December 1876, regarding value of bank notes to CSA money to greenbacks to gold and silver, about same ratios as previous depositions of others - mlj]. Pinkney McCarver, age 68. In 1862 I lived on Flynn's Creek. /s/ Pinkney McCarver A. J. Vantrease age 57, lived Jackson Co. in 1862. /s/ A. J. Vantrease F. M. Price age 44. 1862 I resided on Pine Lick prong of Jenning's Creek. /s/ F. M. Price -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T. vs LAWLESS, JESSIE Circuit 1881 [NOTE: Property line dispute. No relationships given - mlj]. Thomas Lawless states he bought land by Court decree, Lot 15 on Cain Branch tract. AFFIDAVIT: Thomas Lawless and Jesse P. Lawless cut and removed sawlogs from my property 22 March 1881. /s/ J. T. Anderson -------------------------------------------------------------------------------- [NEW] ANDERSON, F. M. vs MAHANEY, RANSOM P., et al Chancery 1858 [NOTE: Many scraps of paper, appear to be debts, receipts having to do with Thomas Anderson estate - mlj]. NOTICE TO SHERIFF: 21 May 1860, will take and state account ordered by the Court. Notify: Francis M. Anderson, Paul Anderson, William J. Anderson, Judith Anderson, Anna Anderson, Ransom P. Mahaney, Katherine Mahaney [FILMED BUT NOT A CONTEMPORANEOUS PART OF THIS CASE. Mrs. Molden Tayse, former President of the Jackson County Historical Society who has written at least one book on Jackson County history, apparently gleaned the following - mlj]: "Thomas Anderson Thomas Anderson died in Jackson County, 8th day of Oct 1858. Leaving his widow Judith Anderson, heirs Paul Anderson Francis M. Anderson William T. Anderson Thomas Anderson Garland Anderson Anna Bartlett wife of Joshua Bartlett Silas Anderson Katherine Mahaney wife of Ransom P. Mahaney Edward Anderson (deceased) Fanny Reynolds (deceased) wife of [blank] Grand children, children of Edward [Anderson] Anna Karr Vancil W. Anderson Adelaide Jones wife of Alfred Jones Josephine Waller wife of Richard Waller Thomas Anderson Elizabeth Anderson Jane Anderson Cindarilla wife of Edward was guardian of above children. Grandchildren of Thomas Anderson, Children of Fanny Reynolds (deceased) James E. Reynolds Anna K. Reynolds John S. Reynolds Jonas A. Reynolds Louisa Clark wife of Isaac F. Clark above are citizens of State of Missouri. Paul and Francis M. [Anderson] were appointed Admin. At the time of his death, Thomas Anderson pocessed [sic] several tracks [sic] of land in Jackson County on Blackmans [sic; Blackburn's] Fork of Roaring River. The deceased at the time of his death possessed of and had title to twelve Negroes, to wit Isaac age about 56 yrs. Jane age about 48. ??Cises about 37 yrs old Bird about 17 years old Vincy about 12 yrs old Jane about 11 years old. Paul about [blank] years old Mundy about 9 Julia Ann about 7 years old Patsy about 5 years old Sarah about 3 yrs old and Carr about 2 1/2 months old Being unable to divide his possessions equal they were sold at Auction. Title to the Negro boy Bird $1430 and Negro girl Sarah $466 - Thomas Haile (Joseph Haile his security) Negro boy Isaac - Joshua Bartlett for $700.00. Negro woman Vina - James R. Tolbert $1300. Negro girl Jane - Henry Richmond $1170. Negro woman Alsey and her Child Carr - Ridley Draper $675.00. Negro boy Paul - Thomas Anderson for $360. Negro woman named Jin - Judith Anderson $600. Negro girl named Patsy - William Darwin $600. Negro girl named Julia Ann - J. W. Cruthers $605. Also the negro boy named Mundy for $1050. Paul Anderson purchased the land for the sum of $1500. Sale held 2nd day of April 1859. Thomas Anderson gave each child as they married $10.00 to start house keeping and a cow and calf valued at $10.00. Some he gave negro which were valued at $900 of which was charged to their part in the dividing their inheritage [sic]. Copied from a Chancry [sic] Court Record Dated Dec. 6, 1858. By Molden Tayse". COPY OF STATE OF TENNESSEE LAND GRANT: No. 830, One Cent per Acre, entered 13 November 1826 to Thomas Anderson for 25 acres, survey having date 30 May 1827 on Blackburn's Fork of Roaring River... east boundary line of Anderson's 135 acres... /s/ Sam Houston, Governor of Tennessee this 12 Sept 1828. COPY OF STATE OF TENNESSEE LAND GRANT: No. 8699 dated 13 Jan 1842, Entry No. 1818, entered 15 Feb 1832, east side Blackburn's Fork, Roaring River, ... conditional corner made by said Anderson and Benjamin Mahoney. 25 Acres, Survey 19 Aug 1841. Dated 13 Jan 1842. s/s Gov. James C. Jones. COPY OF STATE OF TENNESSEE LAND GRANT: No. 9349, Entry No. 2778 made & entered 11 Oct 1843 to Thoms Anderson, 79 acres. Survey date 15 Apr 1844... begin south boundary line of 25 acre tract... to east bank of Blackburn's Fork, up said river... William G. Anderson's northeast corner. 7th day of [smear] 1846. By the governor s/s Gov. Aaron Brown COPY OF STATE OF TENNESSEE LAND GRANT: [Part of this missing, including date] Dated 24 Oct 1831, s/s Gov. William Carroll DEED OF CONVEYANCE: [Date missing, torn in half top to bottom and filmed on two pages; very poor condition - mlj]. November Session 1819, Deed Regis... deed of conveyance... proven by testimony of Henry L. McDaniel [or McDonald] and Benjamin Mahoney subscribing witnesses, Register's office Decr 7th 1819, Book C p 230. Sold by John Rutledge to Thomas Anderson. /s/ Abner Harley, Register for Jackson Co. PLAT MAP: Widow's dower 101 acres and 130 poles, heirs portion 115 acres and te 1/2 poles, dated 25 March 1859. /s/ Denton Moore, Surveyor; Wiley Gaw, Carter B. Whitefield [Commissioners assigned to lay off - mlj]. ANSWER: Alfred Jones & Richard Waller to Bill of Complaint of F. M. Anderson & others. Thomas Anderson died intestate. Complainants F. M. Anderson and Paul Anderson are administrators. Respondents both intermarried with daughters of Edward Anderson who is a deceased son of said Thomas Anderson, deceased, (viz) Respondent Jones with Adeline and Waller with Josephine. On account of the situation and quantity of land... number of distributees... cannot be partitioned without greatly devaluing. On account of the number, ages and value of the negroes they cannot be partitioned... should be sold. Dated [Blank] January 1859. s/s A. M. Jones, R. B. Waller DEPOSITIONS 21 May 1860: Paul Anderson 21 May 1860 [blank] years. Father in his lifetime gave me a Negro woman and child, value $900, wanted me to account with other heirs. I bought a cow from him for $10, paid him but $3. Think in the fall 1857 my father gave me a bill of sale for the negro woman and child. He gave me an order at the store for $10 or $12 to set me off to housekeeping, said he'd given the other children the same except Silas & Francis... not married at the time. My father gave Thomas Anderson two negro children. Joshua Bartlett received a negro woman and child from my father which my father valued at $900, think in 1857. My father said he intended to make all his children advancements to $900. Bartlett married Anna, one of the daughters of Thomas Anderson deceased. Francis Anderson got a negro girl and gave his note to my father for $700. He also got a cow. If Fanny Reynolds got anything except setting off to housekeeping, I don't know it. If Edward got anything except setting off to housekeeping, I don't know it. If R. P. Mahaney and his wife got anything except setting off to housekeeping, I don't know it. Garland Anderson got a horse worth about $60. If William got anything except setting off to housekeeping, I don't know it. He paid off notes for Silas and gave him some cash. My mother gave me $30 that came to her from her father. She told me she had given all her children $30 from said funds. /s/ Paul Anderson Garland Anderson age 37. My father handed me a note on Alfred Jones and Bud S. Jones... collected $20 or $22. William Anderson age ?3 [23, 33 or 53? - mlj]. Nothing new. /s/ W. J. Anderson R. P. Mahany [no age]. QUESTION: If Thomas Anderson, deceased ever visited you when you lived in the State of Missouri and you moved back here as he returned, state if you sent for him to go after you and who paid the expenses. ANSWER: He came to visit me... me and the family moved back with him. I never sent for him. The old man sold his carriage, and we all used mine coming back. He gave me a small sum in Lafayette County on our return. /s/ R. P. Mahaney Thomas Anderson, 42... two negroes named Ezekiel and Sinda. /s/ Thomas Anderson Joshua Bartlett, age 49. Negro woman and child. /s/ Joshua Bartlett DETAILED ACCOUNTING OF EACH ADVANCEMENT [Filmed, not abstracted]: William G. Anderson, Paul Anderson, Silas Anderson, J. Bartlett and wife, R. P. Mahaney and wife, G. Anderson, F. M. Anderson, Fanny Reynolds, money from her mother's estate. AFFIDAVITS: John W. Reynolds makes oath he is the father of James E., Anna K., John S., Jonas A. Reynolds and Louisa J. Clark; that all are still living in the State of Tennessee; that Anna K. intermarried with William Peters; that deponents, including Isaac F. Clark, husband of defendant Louisa J. Clark, and William Peters husband of Anna K. Reynolds, executed to affiant on 10 Oct 1871 a power of attorney to receive and collect... share... 31 October 1871. Signed: John W. Reynolds Ransom P. Mahaney and wife Katherine Vancil W. Anderson Adelaide Jones and husband Alfred Jones Josephine Waller and husband Richard Waller Thomas Anderson Elizabeth Anderson Jane Anderson Cindarilla Anderson Joshua Bartlett & wife Anna Bartlet Silas Anderson James E. Reynolds Anna K. Reynolds John S. Reynolds Louisa J. Clark & husband Isaac F. Clark Witness: 31 October 1871, Jonas A. Reynolds BILL OF COMPLAINT [No date; difficult to read - mlj]. Francis M. Anderson, Paul Anderson, Judith Anderson, Anna [Can't read] of Jackson Co., Tennessee; Thomas Anderson and Garland Anderson of Putnam Co., Tennessee against Vancil M. Anderson, Adelaide Jones & husband Alfred Jones, Josephine Waller & husband Richard Waller, Thomas Anderson, Elizabeth Anderson, Jane Anderson, and Cindarilla Anderson, Joshua Bartlett & wife Anna Bartlett of Putnam Co., Tenn, Silas Anderson of the State of Arkansas, James E. Reynolds, Anna K. Reynolds, John S. Reynolds, Louisa J. Clark & husband Isaac F. Clark of the State of Missouri. Thomas Anderson died intestate in Jackson Co. 5 Oct 1858, seized and possessed of land on Blackburn's fork of Roaring River about 259 or 300 acres. Had fee simple title in all but 25 - 30 acres more or less, which before his death he had sold to defendant William Anderson and which Orator Paul Anderson now owns. Oratrix Judith Anderson is the widow of Thomas Anderson, deceased, is entitled to dower. Thomas Anderson had twelve negroes at his death, to wit: Isaac about 56 Jane about 48 Ailse about 37 Bird about 17 Vincy about 12 Jane about 11 Paul about 13 Mindy about 9 Julia Ann about 7 Patsy about 5 Sarah about 3 Carr about 2 1/2 months. Besides the widow Judith there are 20 distributees. POWER OF ATTORNEY: Jonas A. Reynolds, John S. Reynolds and Anna C. Reynolds now Anna C. Peters wife of William Peters, in the County of Clay, State of Missouri and James E. Reynolds of the County of Clinton State of Missouri make William Wallace of the State of Tennessee our attorney... receive and collect of Thomas Anderson deceased, late of Jackson Co... and further Jonas A. Reynolds, John S. Reynolds, Anna C. Reynolds now Anna C. Peters, James E. Reynolds and Isaac Clark & Louisa J. Clark have heretofore made power of attorney to Ransom P. Mahoney of Jackson County and Ransom P. Mahoney has since died... appoint John W. Reynolds of the County of Clay, Missouri our attorney... estate of Thomas Anderson, deceased. Acknowledged: Luke W. Burris, Clerk of Court, Clay County, Missouri /s/ L. W. Burris Jonas A. Reynolds /s/ John S. Reynolds /s/ William [his X mark] Peters Anna C. Peters /s/ Isaac [his X mark] Clark Louisa J. Clark /s/ -------------------------------------------------------------------------------- [NEW] ANDERSON, LUKE B., Administrator of ANDERSON, LANDON B. 1898 INVOICE: Cookeville Marble & Granite, Design #541. Emblem Square & Compass. May 10, 1895. Dark Ga [sic] Marble, 8.2 feet Spire, 12 inches square. Inscription one side. Landon B. Anderson Born Jan 24, 1869 D Dec 16, 1893 Delvd @ Cookeville, Tenn July 1895, $150. s/s Luke B. Anderson SETTLEMENT: 12 April 1898... heirs duly notified [not listed on film - mlj]. One item: To amt of bequest of J. B. Anderson to Landon B. Anderson, date of death April 20, 1920, $400. Int. on same from April 20, 1920 to April 12, 1898 $191.35 [Note: This item is "as written", but something appears incorrect - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, JOHN H., Gdn of ANDERSON, MARTHA M. Probate 1876 GUARDIAN'S BOND: Sum of $1000, Clinton Co., Missouri, City of Plattsburg, 12 July 1875. John H. Anderson, Principal and Johnston Evans and James E. Hughes, Security. John H. Anderson was appointed by Probate Court, State of Missouri, estate of Martha M., Matthew M., John H. Jr., Pamelia A., Laura J. and Sallie B. Anderson and Eliza Evans, formerly Anderson. The State of Missouri, County of Clinton, City of Plattsburg did appoint John H. Anderson, guardian for the Estates of Martha M. Anderson, John H. Anderson, Mrs. Eliza Evans formerly Anderson, Pamelia Anderson, Laura J. Anderson and Sallie B. Anderson, minors, minor children of John H. Anderson, under the age of 14 years. I certify foregoing is a true copy... 5 April 1876. -------------------------------------------------------------------------------- [NEW] ANDERSON, ARIE & others vs KING, THOMAS & others Ch 1873-1877 [NOTE: Receipt indicated Laura King was resident of Obion Co., TN 267 Apr 1878]. CAUSE HEARD: Arie Anderson, Dellen Anderson, Mathew Anderson, Bertie Anderson, Jacob Anderson by next friend T. J. Lee and C. W. Sadler Administrator of Martha Anderson, deceased against Thomas King, Eller King, Ira King, Cicero Hall & wife Ann Hall, Oliver Anderson, John Apple & wife Amanda Apple, Jeff Lee & wife Elizabeth Lee, Tillman Brook & wife Sarah M. Brook, Elijah Webb & wife Susan Webb, Thomas Williamson & wife Anderson Williamson*, Elizabeth, Fredona Williamson, Martha Williamson, James Williamson, Thomas Williamson Jr. and Eliza Williamson. Cause heard 8 May 1874, judgment pro confesso & report of Clerk & Master. Land not susceptible to partition... to dive into seven shares... would not be wood, water and tillable land to maintain so many different families... land to be sold. [*] I could not tell whether the writer meant Thomas Williamson & wife Anderson [there was no blank space, no comma] or if Anderson Williamson was another person. In fact, this entire case is confusing to me. Researchers/descendants urged to order film - mlj. DEPOSITION 8 February 1876: Jones H. Brown. Am residing now and have for the last four weeks on the old Jubilee Anderson tract. Rent for $210 [per annum] and am to keep the place in good repair. s/s Jones H. Brown REPORT OF LAND SALE: Sold 1 Aug 1874 in town of Granville, land on Spring fork of Martin's Creek. Oliver H. Anderson purchased, high bid $2060, $206 down, notes due 12 months. Security Thomas W. King. C & M to determine the rent value of land while in possession of Mathew J. Anderson and his [can't read; ?securities] since his death, to wit from 1868 to 1874 inclusive. [Following is table showing rent of land for each of these years beginning 15 November 1868 at $200 per year, with interest added each year to 15 March 1876 - mlj]. Total Rent and Interest $1715.40. Out of said rents Mathew J. Anderson's heirs are entitled to retain $1286.55. Thomas W. King's children, $214.42 1/2. O. H. Anderson, $214.42 1/2. Submitted March term 1876. DEPOSITIONS 23 April 1875: Francis D. Pursley age 44. Live one mile, land worth about $2000. /s/ F. D. Pursley M. Barnett age 47. Live on land, worth $2000. /s/ M. Barnett C. W. Sadler age 35. Rent value. /s/ C. W. Sadler Amon Manear, live within two miles of land. Matt Anderson lived on the farm from 1868, [about when his mother died] until up to the time of his, Matt Anderson's death... if repairs were done, reckon he done it. s/s/ Amon Manear -------------------------------------------------------------------------------- [NEW] ANDERSON, ARIE & others vs KING, THOMAS Chancery 1873-1877 [NOTE: New Folder, appears to be more on above family/case - mlj]. SETTLEMENT: J. T. Anderson, Guardian of Jublee Anderson, minor heir of Martha Anderson. 25 June 1889. DEPOSITIONS 15 - 17 April 1875, all testimony regarding rent/sale price: Albert Stanton age 66. Known the Jubal Anderson tract upwards of 50 years. Lived on adjacent farm 2 or 3 years. /s/ A. Stanton James D. McKinley age 43. s/s J. D. McKinley Wm Steakley age 54. [X mark] A. J. Fuqua age 63 [X mark] Allen H. Manier age 36. /s/ A. H. Manier S. A. Carter age 52. /s/ S. A. Carter William Lambert [X mark] Littleton C. Daws age 23. Was hired to Matt Anderson. L. C. [X mark] Daws James Kirkpatrick 28. Matt Anderson planted corn and small grain while he used the Jubal Anderson farm. /s/ James Kirkpatrick Joseph Samples age 44. Known land between 1867 - 1875. Lived there a portion of the time, about 1 - 4 miles a portion. Matt Anderson lived on the Jubal Anderson land 1867-1873. /s/ Joseph E. Samples BILL: Arie Anderson, Dellen Anderson, Mathew Anderson, Bettie Anderson, Jubel Anderson by their next friend T. J. Lee and C. W. Sadler, Administrator s of Mathew Anderson, deceased all of Jackson County against Thomas King, Ellen King, Ira King, Cicero Hall & wife Ann Hall, Oliver Anderson, John Apple & wife Amanda Apple, Jeff Lee & wife Elizabeth Lee, Tillman Brooks & wife Sarah Brooks, Elijah Webb & Susan Webb, Thomas Williamson, Anderson Williamson, Elizabeth Williamson, Fredona Williamson, Martha Williamson, Jones Williamson, Therows? [looks like - but could have been Thos Williamson, Jr. - mlj], and Eliza Williamson. Mathew J. Anderson filed Bill of Complaint 187[blank]. Since filing bill, Mathew J. Anderson died intestate and his wife died before him. Since his death, Orators T. J. Lee and C. W. Sadler were appointed administrator. DEPOSITIONS 2 April 1875. M. Barnett age 48. Question: Whose possession was said land in from the death of Polly Anderson up to the time you rented the same? Answer: So far as I know it was in possession of Mathew Anderson up to the time of his death. /s/ M. Barnett Alex Montgomery age 54. Rent testimony. s/s A. H. Montgomery. F. B. Pursley age 45. Rent testimony. /s/ F. B. Pursley J. K. P. Washburn age 28. Lived on adjoining farm two years between the years 1869-1874 [Signature page, possibly other depositions are missing - mlj]. J. P. Wwhitefield /s/ DEPOSITION 23 August 1877. F. M. Price age 45. Was revenue Collector 1868 - 1871. Juble Anderson lived on land in Dist. 15, Jackson Co. DEPOSITION 4 August 1877, at house of T. J. Lee in DeKalb Co., in presence of R. L. Gentry, attorney for Complainants and Thomas W. King, one of the defendants. Jubal Anderson about age 85. I am very well acquainted with the land M. J. Anderson lived on before his death. Question: How long had M. J. Anderson lived there before his death? Answer: He lived there all the time, he owned all but two shares he owned six shares all but Oliver Andersons and Thomas Kings Question: What year did his mother Mary Anderson die? Answer: I think she died in 1868. Question: State whether J. M. [sic] Anderson lived on and had possession of said land from 1868 up to the time of his death in 1873? Answer: He lived there. Question: Who paid the State and County taxes 1868-73? Answer: I don't know whether he paid the tax or I paid them we both lived on the place at the same time. Question: State whether or not you was... old and not able to work and if J. M. [sic] Anderson did not take care of you and provide for your comfort? Answer: Yes sir he did. Cross-Examination: State if you did not draw a pension of $96 a year and let M. J. Anderson have most of that money every year from 1868 up to the year 1873. Answer: Most of the money I drew he got it but I don't know what years. /s/ Jubal Anderson SISTLER & Associates 1850 Jackson Co., TN printed census index lists J 25-321: ANDERSON, Jubil 70, Mary 60, Frances Ferguson 30. ANDERSON, Mat J. 26, Nancy D. 19, Arcadia 2/12, indexed J 15-316. "Index to War of 1812 Pension Files" by Virgil D. White, LOC No. E351 W54, 1992 V1: "ANDERSON, Jubal, SC #13168. Mary (Hollamon) m 29 Jan 1818 Cumberland Rivers TN, sd about 1883, srv Mathew Cowan's Co TN Mil, lived Jackson Cty, TN". DEPOSITION 10 August 1877: T. J. Lee. I am Administrator of M. J. Anderson, have tax receipts for the Juble Anderson land. Don't know who paid the taxes. I paid the tax in 1874 out of the M. J Anderson estate. Jubal Anderson turned M. J. Anderson's papers over to me. /s/ T. J. Lee DEPOSITIONS 8 September 1875: M. C. Hogan age 63. Know Jubal Anderson land. M. J. Anderson was a child of Jubal Anderson & wife Polly. About 70-80 acres of cleared land. Some land about the stables is kept in pasture. I think Matt Anderson died in June 1873. Henry Sadler age 51. Lived one or two miles of the Jubal Anderson farm since 1857. There were eight shares. Thos Williamson and John Apple told me they sold their shares to M. J. Anderson - they married daughters of Jubal Anderson and sisters of M. J. Anderson, and I saw a deed from Tillman Brooks & his wife for their interest and Matt J. Anderson told me he owned all but two shares. Brooks' wife is a sister of Matt Anderson's. M. J. Anderson said he did not own the shares of O. H. Anderson and the King children. /s/ Henry Sadler John Hargis age 55. Known Jubal Anderson land 30 years, live within 1 1/2 mile. Robert B. Montgomery age 43. [Nothing new]. /s/ R. B. Montgomery CLERK & MASTER'S REPORT: Matthew J. Anderson at the date of his death was owner of 5/7 by decent [sic] and purchase. [Numbering is mine, not on film - mlj] 1. Namely his own [Matt J. Anderson's - mlj] share 2. The share of Jefferson Lee & wife 3. The share of Tilman Brooks & wife 4. The share of Williamson heirs, being grand children of Juble Anderson, dec. 5. The share of Webb heirs, being grand children of Juble Anderson 6. Thomas W. King's children owned one share 7. Oliver H. Anderson owned one share. DEPOSITIONS 9 October 1874: John Apple. I knew Polly Anderson, the widow of Jubal Anderson. She died 22 January 1868. Been acquainted with the tract of land 17-18 years. /s/ John Apple William Lambert age 63. A. J. Dawes age 25. Lived on land. I was hired to Matt Anderson. /s/ A. J. Dawes -------------------------------------------------------------------------------- [NEW] ANDERSON, D. J., Guardian of ANDERSON, D. S. heirs County Court [NOTE: No Date on folder or the only document in file. Did mention Minute Docket "E", p. 281; probably can figure out/surmise approximate date by checking MD E. D. J. Anderson, Guardian of minor children of D. S. Anderson, deceased, to-wit: B. C. Anderson, W. W. Anderson, C. L. Anderson, Hassel Anderson, of which she [D. J. Anderson] is the mother and natural guardian which is granted by the court upon her giving bond and security as required by law... $50. G. B. Murray and J. P. Maybery being security... she the said D. J. Anderson... M. D. "E" p 281. Order drawn by G. B. Murray, attorney -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T., Guardian of KILLMAN, M. J. [Moton Heirs] and BROOKS vs KILLMAN 1894 - 1913 [NOTE: There are several Guardian Settlements over the years on film, J. T. Anderson guardian of Virgil Killman, Martha J. Killman and Melissa Jane Moton, children of Elvira [nee Brooks, daughter of R. P. Brooks] who married first David Killman/Kellman [abandoned her], second to William H. Moton [survived her]. GUARDIAN'S SETTLEMENT 1 January 1885. J. T. Anderson, guardian of Malissa Jane Moton, minor heir of Elvira Moton, deceased. Elvira Moton, deceased, left three minor heirs, Virgall Killman, Martha Killman and Malissa Jane Moton, each of whom are entitled to the following funds, to wit: Received 19 March 18894 of T. J. Brown, Admr of Elvira Moton, deceased... Received of R. V. Brooks, Admr of R. P. Brooks, deceased on 16 May 1884... DEPOSITIONS: G. B. Murray. Am a practicing attorney in Jackson Co, am somewhat familiar with the litigation between R. V. Brooks, Administrator of R. P. Brooks, deceased and W. H Moton... cause was or should have been finally determined in favor of the wards of W. B. Young... /s/ G. B. Murray W. W. Draper. I copied the proceedings for the [State of Tennessee] Supreme Court... [Value of] services of N. B. Young, guardian ad litem for Martha Killman, Virgil Killman and Malissa Jane Moton... /s/ W. W. Draper DEED OF TRUST: I, R. P. Brooks, have bargained and sold in trust for the sole and separate use of my daughter Elvira W. Killman during her natural life and at her death to heirs of her body... reserving use of profits during my life... land in District 2, Jackson County, Tennessee... north side of Cumberland River below the mouth of Cub Creek known as the Jesse Jenkins farm, being 6/7 of same, and one seventh I do not convey which belongs to William Jenkins... bounded east by Cumberland River, south by land of O. H. Anderson, west by land of Thomas McKaughan which I sold to him and north by another tract which I purchased of George Jenkins containing on estimate 330 acres more or less. 29 February 1868. /s/ R. P. Brooks Recorded Book M pages [blank] ORDER: William H. Moton VS R. P. Brooks. William H. Moton to retain possession of the Jesse Jenkins tract pending appeal to Supreme Court, one-seventh of same belonging to William Jenkins. DEPOSITION: William W. Birdwell. I issued papers as J. P. on 12 February 1878... R. V. Brooks as Trustee of Mary H. Brooks... for the rent of the Jesse Jenkins lands during the year 1877. s/s W. W. Birdwell. ANSWER: R. V. Brooks, T. J. Brown and H. W Williams to Bill of Complaint of William Moton. Admit the legal marriage of Elvira Brooks, daughter of Richard and Mary H. Brooks. R. P. Brooks died seized of real and personal property. Mary H. died seized of real but no personal property of any value. R. P. Brooks died testate. R. V. Brooks was Administrator with the will annexed. Bill was filed against J. N. Hix and others. R. P. Brooks held the land to his death, then it was for the separate use of his daughter during her lifetime, not under control of any current or future husband she may have. Respondent R. V. Brooks was also named as Trustee for Elvira. Marriage contract 4 October 1881 previous to marriage by Complainant Moton - Elvira Brooks and Respondent R. V. Brooks... all estate of said Elvira to heirs of her body. Several years prior to the marriage of Complainant and Elvira she had intermarried with one David Kellman who having abandoned her, she on [blank] 1881 filed her bill for divorce in Jackson Co. All property was settled on her for her sole and separate use, free of control of any future husband. September term 1881 decree was pronounced. Complainant... has no right to his deceased wife's property. James T. Anderson has lately been appointed guardian of minor defendants Virgil and Martha Kellman and Malissa Jane Moton. [blank] November 1883. /s/ R. A. Cox & Bro, Sol. for Defendants DEED: For the sum of $4200 owing by me to my wife Mary H. Brooks, I transfer and convey to my son R. Vance Brooks in trust for my wife and the separate use of her heirs, land in District 2 bounded east by Trace Creek, south by Cumberland River, on west by James Ray... 60 acres more or less. Also 22 1/2 acres in the woods bounded by myself and Franklin Fowler... for more complete description... conveyance by Franklin Fowler & Thos H. Haile and wife. Also tract I purchased of heirs of Jessie Jenkins, deceased, except William Jenkins' interest being a 1/7 interest which is not conveyed, lying in Dist. 1. Bounded east by Cumberland River, south by land of William Holcumb, west by said Holcumb and others, north by land purchased of George Jenkins... 330 acres including the undivided interest of said William Jenkins. 13 May 1870. /s/ R. P. Brooks Test: Mary H. Lee Registered 30 November 1870, Jackson Co., TN COPY OF MARRIAGE CERTIFICATE: William Moton to Elvira Brooks 4 October 1881. Performed by S. G. Gaines, J. P. LAST WILL & TESTAMENT OF R. P. BROOKS I, Richard P. Brooks of Jackson County, Tennessee... of sound mind 1st ... buried in a decent Christian manner. 2nd, That my burial expenses be paid first... 3rd, Just debts be paid... 4th, As to the rest... divided into 6 equal parts. 1/6 to son A. W. M. Brooks 1/6 to heirs of deceased daughter Cyprissa Brown 1/6 to daughter Angelina Richardson 1/6 to son R. V. Brooks for my daughter Elvira Killman to be held in trust for her separate use and benefit... at her death to heirs of her body. 1/6 to daughter Emma McKaughan, wife of William McKaughan... separate use and benefit free from said husband... at death to heirs of her body. 1/6 to son R. V. Brooks 5th, My executor or executors or administrator or administrators to employ my friend Robert A. Cox as attorney and counselor... winding up my estate. In testamony [sic] whereof... 12 July 1877. /s/ R. P. Brooks Wits: John M. Gipson, James T. Anderson WILL PROVEN: 6 June 1881. I, James W. Draper, certify true and correct copy. 23 August 1883. MARRIAGE CONTRACT: William Moton of the 1st part and Elvira Brooks of the 2nd part, both of Jackson County, Tennessee. Mutually agree to marry... William Moton being a poor man... Elvira Brooks... considerable real and personal estate as heir at law of Mary Brooks, deceased, a part of which R. V. Brooks holds in trust for her and her children... her own and separate use during her lifetime and then to heirs of her body... She now having two minor children... William Moton without claiming any other or further rights to any of her property... except the use and occupation ... line between said William Moton and Alvin Reynolds... up the Spring branch near the house where William Moton now lives... William Moton agrees not to use, control or expend... what R. V. Brooks... shall allow... treat said Elvira Humainly and kindly and provide for her... keep, provide for and education said minor children. This 4th October, 1881. William [his X mark] Moton {Seal} Elvira [her X mark] Brooks {Seal] R. V. Brooks {Seal} BILL OF COMPLAINT: William H. Moton of Jackson County against R. V. Brooks as Administrator of R. P. Brooks, deceased and as Administrator of Mary H. Brooks, deceased, as Trustee of Elvira Moton, deceased, formerly Elvira Killman or Brooks, who [R. V. Brooks] is a citizen of Smith County, Tennessee and Thomas J. Brown, Administrator of Elvira Moton, deceased and as receiver of rents for the Estate of R. P. Brooks and Martha Killman, Virgil Killman and Malissa Jane Moton and H. W. Williams, Clerk & Master of Chancery Court for Jackson Co., TN On first July 1877, R. P. Brooks made his Last Will & Testament, departed life [blank] 1881 in Jackson County at his residence. He bequeathed daughter Elvira Kellman who afterward married William Moton 1/6 share of his estate. Elvira died in 1882. Mary H. Brooks died intestate in Jackson Co. [blank] 1881... large and separate estate... 1/5 vested in said Elvira Moton, the deceased wife of Complainant. Tract in 2nd District, Jackson Co., north side of Cumberland River, 293 3/4 acres more or less known as the Haile tract, bounded east by Cumberland River, south by Cumberland River, west by lands of Angeline Richardson, R. P. Brooks [?home] Place and on the north by Cumberland River and land of William Holcum and including the Ferry Bank on the north side of the Cumberland River at Brooks Ferry... Also tract in 2nd District, Jackson Co., north side of Cumberland River at the mouth of Little Trace Creek... south by land of Estate of R. P. Brooks, south by Cumberland River, west by lands of J. C. Ray, north by lands of R. P. Brooks, deceased known as the Haile trust [or tract?]... 65 acres more or less. One other tract north side of Cumberland River on Little Trace creek known as James Richardson place, bounded east by lands belonging to Estate of Mary H. Brooks, R. P. Brooks and William Holcum's Cove tract, on south by Estate of R. P. Brooks deceased, west by lands of William Jones and Estate of Philip M. Ray, north by William Holcum, by estimate 100 acres more or less. Also 1st District Jackson Co. south side of Cumberland River known as Shealy's Knob tract bounded east by land of George M. Putty, south by land of R. A. Cox and R. P. Brooks, west by Cumberland River, north by R. P. Brooks estate, at the lower end of the Free State, being 175 acres more or less. Also tract in 11th District in White's Bend of Cumberland River known as Brooks Place, bounded east by Joshua Haile, south by lands of Cox & Hoover, west by lands of Estate of R. P. Brooks, deceased, north by Cumberland River. Complainant states at the death of Mary H. Brooks, 1/5 vested in Elvira Moton, the deceased wife of Complainant. Elvira Moton died in Jackson County, Tennessee 22 October 1882. R. V. Brooks has taken charge of property... demanding rent from Complaint on said Jenkins tract cultivated by Complainant... holding property real and personal... Complainant before marriage rented a portion of Jenkins tract from R. V. Brooks for $147. Complainant took wife's children home with him, cared for them until his wife's death 22 October 1882... R. V. Brooks removed them and took them to William Reed's a brother in law of R. V. Brooks, and has contracted to pay $100 per year for board of said two children. R. V. Brooks removed two cows given to Elvira by her mother or father... Complainant states he is entitled to be tenant of Curtesy of all real and personal property of his deceased wife. ... case of Mary H. Brooks vs R. P. Brooks, and R. B. Brooks vs J. N. Hix, et al. Sale 10 June 1882 of property of R. P. Brooks, confirmed 26 September 1882 [states purchase price/terms, not listed here - mlj]: 1. W. H. Quarles, Lots 29 & 31 in Gainesboro. 2. Frank Fowler tract to J. C. Ray. 3. Town lot in Gainesboro [?] D. W. Hawes to H. H. Cason. 4. Interest of R. P. Brooks in Milton Draper tract to W. A Crawford. 5. Tract 1 of the Free State to William Stevens. 6. Daugherty tract to Rachel Brooks, col. 7. Tract 2 of the Free State to Mrs. Emma McKaughan. 8. The ?Thomiston ?Slay tract to W. H. Dudney, R. V. Brooks and J. T. Anderson. 9. Interest of R. P. Brooks in Eaton lower lots in Gainesboro to R. V. Brooks. 10. The share of R. P. Brooks in the Phoeba Flatt tract to R. V. Brooks. 11. The Hog Camp tract to R. V. Brooks. 12. The William Long tract to R. V. Brooks. 13. T. C. Settle to C. C. & Absolum Allen. 14. Cotton Hollow tract to G. M. Holland. 15. Jesse Sloan tract to J. W. Carter. 16. Scisco Tract to W. H. Jones 17. R. P. Brooks interest in Margarett Sloan tract to W. N. Dixon. Dated 28 August 1883 Wm H. [his X mark] Moton PETITION: Comes J. S. Dudney... some time ago he was appointed guardian of M. J. Killman, a non compos mentis. Said M. J. Killman was never married, never had issue of her own. [Blank] May 1943 his said ward M. J. Killman died intestate... only heirs at law Mrs. Elijah Crippen of Dallas, Texas; Cordell and Gobel Brooks of Detroit Michigan and Mrs. Aline Brooks O'Neal of Cookeville, Tennessee. Mrs. V. B. Brooks predeceased M. J. Killman. Mrs. Elijah Crippen is a half sister of M. J. Killman. Cordell Brooks, Gobel Brooks and Mrs. Aline Brooks O'Neal are the only children and heirs at law of V. B. Brooks, deceased and said V. B. Brooks being a half brother [sic; other documents indicate full brother, son of David Killman/Kellman] of said M. J. Killman. There will be about $1700 after payment of funeral expenses... request distribution of funds. 5 August 1843. /s/ J. S. Dudney ANSWER: Gobel and Cordell Brooks. They and Aline Brooks O'Neal are the children of V. B. Brooks, deceased. Their mother Mrs. Eunice Brooks died before M. J. Killman. They are entitled to a portion of estate their father would be entitled to if living. These defendants and their sister Mrs. Aline Brooks O'Neil are each entitled to 1/6 interest [Virgil B. was entitled to 1/2 share divided by 3 children = 1/6 each of the whole - mlj] in the personal estate of M. J. Killman who died about May 1943. 11 August 1943. /s/ Gobel Brooks, Cordell Brooks, 1955 Townsend, Detroit, Mich. ANSWER: Aline Brooks O'Neal [Substantially repeats above - mlj] ... no just cause why her uncle, J. S. Dudney... guardian of M. J. Killman, should not be allowed to make settlement. August 18, 1943. /s/ Aline Brooks O'Neal [NOTE: Several pages of guardian settlements over the years. Some settlements 1900 until about 1920 are by V. B. Brooks as guardian of his sister M. J. Killman - mlj]. ANSWER: Mrs. Elijah Crippen of Dallas, Texas 17 August 1943. [Nothing new]. COURT ORDER: Virgil Brooks and Malissa Moton ordered to pay into court $50 each to make their shares equal with Mattie J. Killman following partition of land, cause of Virgil Brooks vs M. J. Moton, et al. Dated 4 August 1900. Plat map of land filmed; original tract 200 acres divided as follows: Virgil Brooks, Tract 2 on annexed plat, 84 acres... low gap between Trace and Cub Creek, valued at $883 1/3. Malissa Morton [sic], Tract 3, low gap between Trace and Cub Creek... east back of Trace Creek, east with J. E. Wheeler's line, value $883 1/3. Mattie J. Killman, Tract 1... old Jack McCawley corner... W. D. McCoins corner, striking Cub Creek at mouth of Jackson branch, 77 1/2 acres, $733 1/3. DEPOSITIONS, undated, filed June 16, 1900: Jim Bohanon, going on age 61. I live north side of Cumberland River about four miles from here. Know the land, about 200 acres in 2nd District, at the mouth of Cub Creek. V. B. Brooks and M. J. Kellman are over the age of 21, Malissa Brooks is about age 18. Jim [his X mark] Bohanon Henry Sadler age 52, farmer, live 2nd District. /s/ Henry Sadler MISCELLANEOUS INVOICES: [Besides numerous pages of guardian settlements, there were many paid bills. Those with a bit of genealogical interest listed - mlj]: Miss Malissa Moton, Fanning Orphan School in Nashville, two five-month terms for years about 1892-1897, Board, tuition and music, school supplies, washing clothes while sick on one invoice, averaged about $65 per year. Virgil B. Brooks, expenses of house and lodging at Cookville, 1895-1896. Letter from V. B. Brooks, dated 13 January 1897, Spencer, Tenn to J. T. Anderson of Gainesboro, his then guardian: Dear Sir, Received letter 5th instant... Clothes fit very well and I am very satisfied with them... Thank you for your kindness in sending checking... Enclosing small bill for payment... Please send money to buy wood and necessities before school starts... have read Anatomy nearly through... worked a good many Arithmetic problems... Kindest regards... /s/ V. B. Brooks M. J. Killman, Invoice June 26, 1943, Walter Craighead, marker for grave [?Amount]. Herschel Stafford, keeping ward during illness to her death, $100. Draper & Draper, casket and burial goods, $126. BILL OF COMPLAINT: J. T. Anderson of White County against M. J. Killman of Jackson County, Tennessee. M. J. Killman, an unmarried female residing in Jackson County at the home of her brother Virgil B. Brooks... she has been in a state of mental unsoundness from early childhood. Complainant was appointed many years ago when she was a minor, she is now many years past 21, but due to mental state, it is not prudent to make a final settlement. 2 May 1917. /s/ J. T. Anderson PETITION: J. S. Dudney, guardian of M. J. Killman. Ward is 71 or 72, almost an idiot, helpless... what would be termed as an invalid. Petitioner took her to a hospital at Nashville, where they removed one eye and treated the other... cost $250 for operation... nursing and hospital, totaled $500. Needs special funding for additional costs. If the court could see his ward, need would be realized. 7 April, 1937. /s/ J. S. Dudney COURT DECREE: 9 July 1917, following court appearance of Martha J. Killman, jury found of unsound mind. Jurymen were: J. L. McCarver, B. M. Haile, S. L. Pate, John B. Dudney, C. N. Hawkins, M. A. Paterson, Alonza McCawley, J. M. Chaffi, B. B. Chaffin, Dan B. Posten, J. J. Hamlet, T. D. West. WITNESS: V. B. Brooks. I am the brother of M. J. Killman. I am 40 years old and she was a great big girls when I can first remember. She lives on Wartrace with me. I married in 1900, she has been living with me since about that time. She has been of unsound mind since I can remember. She never married. Malissa Huddleston is her only sister. [NOTE: Comparing above statements, Malissa Moton, Malissa Huddleston and Mrs. Elijah Crippen of Dallas all appear to be the same individual - mlj]. WITNESS: Mrs. B. V. Brooks. She commenced staying with us May 1900. She cannot understand anything, she can do a little housework with someone standing over her showing her just what to do. Have known her since April, 1900. WITNESSES: J. H. Gaines and M. J. Killian testified she was of unsound mind, owns property in 2nd District. -------------------------------------------------------------------------------- [NEW] ANDERSON GREEN & CO. vs LOVELADY, R. C. & others Chancery 1889 NOTICE TO SHERIFF: Anderson Green & Co., Merchants of Nashville, Tennessee is owned $588.88 by R. C. Lovelady. Defendant Riley Hudson owes R. C. Lovelady $1800 - $2000, is enjoined from paying same. [Business case, no relationships - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, FRANCES A. vs ANDERSON, F. M. & others Chancery 1869 PROSECUTION BOND: Frances A. Anderson to F. M. Anderson, Elisha Wheeler, Henry Jackson, Henry Brewington, Thomas Pippin, Absolum Pippin, Hiram E. Harley, Henry Harley, George Brewington. 4 November 1869. DEPOSITION: B. B. Washburn, age about 52. Occupation, Attorney. Services rendered by Cox & DeWitt for F. M. Anderson in following cases: State of Tennessee vs Anderson for murder of Pad Swearingen. State of Tennessee vs Anderson for murder of Jack Maxwell, tried in Circuit Court of Putnam Co. Matilda Maxwell & others vs said Anderson and others for murder of her husband Jack Maxwell, brought in Cookeville Circuit Court and defended by Cox & DeWitt. F. M. Anderson vs A. H. Morgan & others, Chancery at Gainesboro still pending. State of Tennessee vs Martin Laycock & F. M. Anderson, forfeiture on Bond set aside and Anderson released in the cause of the State vs William Shanks. Cox & DeWitt owed for drawing the Indictment and investigating the cause which was the charge of Murder in the First Degree and true Bill found as to Shanks, Marcum & Jim Maxwell. The trial of the State vs F. M. Anderson for murder of A. J. Maxwell resulted in acquittal for F. M. Anderson, although I believe proof was against him. Services of Cox & DeWitt would be worth about $500. I prosecuted F. M. Anderson in the State of Tennessee vs him and John Roberts and Wm Shanks for the murder of Sam Swearingen. F. M. Anderson was tried and acquitted by Circuit Court of Putnam County. State against W. H. Marcum, Shanks & others, I believe Cox drafted the indictment... Circuit Court, Putnam Co., was dismissed as to some of the defendants. Case of Martin Laycock for larceny, F. M. Anderson was Security for Defendant, Circuit Court of Jackson County and scifa was issued. Cox & DeWitt got the forfeiture set aside. The case of Matilda Maxwell vs F. M. Anderson for assault & battery was compromised and settled without trial. Suit is pending of F. M. Anderson against A. H. Morgan, Administrator of the estate of Paul Anderson and others. I am acquainted with the services of W. H. Botts in the case of Francis A. Anderson vs F. M. Anderson. It involved settlement of property held by defendant and complainant. [No date]. /s/ B. B. Washburn NOTICE TO SHERIFF: Case of Frances Almeda Anderson against Francis M. Anderson, Elisha Wheeler, Henry Jackson, Henry Brewington, Thomas Pippin, Absolum Pippin, Hiram E. Harly, Henry Harly, George Brown, John Brown. Francis M. Anderson enjoined from selling any property descended to her [Frances Almeda Anderson] from her father. Co-defendants of Francis M. Anderson enjoined from paying him any debt that might be owed. 1st Monday in August 1869. ANSWER: Elisha Wheeler to Bill of Complaint... his sons Eligah N. Wheeler and Calaway M. Wheeler about 20 August 1869 purchased of co-defendant F. M. Anderson the place where Hiram E. Harley then lived known as the Lovell place, Blackburn's fork of Roaring River, Jackson Co. ?2 May 1870. /s/ John P. Murray, Sol., /s/ Elisha Wheeler BILL OF COMPLAINT: Frances Amelia Anderson intermarried with defendant 11 January 1848 in Jackson County. Was affectionate wife, given birth to seven children, four boys and three girls, Alen [or Alex] L. Anderson 20, David Silas Anderson 17, Vancil Wales Anderson 15, Polly W. Anderson 11, John Anderson 9, Juda F. Anderson 5, ?Honory Anderson age 2 [If not for the 4 boys, 3 girls statement, would think this read "Henery" - mlj. Complainant is the only child of David Richie, deceased, who died in Jackson County intestate, owning land bounded by Polly Whitefield, John Whitefield, Billingsley, John ?Turner, Charles Johnson and perhaps others [also lists personal property]. He left a widow Jincey Richie, but she has taken all that she claims and has given to Complainant a deed relinquishing claim to all other property. She is not the mother of Complainant. Defendant is guilty of cursing, abusing complainant, guilty of crimes... Dated 5 November 1869. /s/ Leslie & Botts, Sol. -------------------------------------------------------------------------------- [NEW] ANDERSON, J. B. vs BENNETT, J. D. et al Circuit 1879 BILL OF COMPLAINT: J. D. Bennett, W. F. Fisher & W. C. Purcell... taking three hogsheads of very fine tobacco worth $1,000 belonging to Complainant. [No disposition, no relationships given - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T., Admr of MERCER, EDWARD, deceased County 1886 REPORT OF C & M: ...Polly Mercer, the lunatic daughter of said Edward Mercer, deceased... The Last Will & Testament of Edward Mercer, deceased [Not filmed here] directed land be sold and proceeds be used for the care of his daughter Polly Mercer. Land in the 9th District, Jackson Co. bounded by Samuel Johnson, Gore heirs, Andy Chapman, Robert Montgomery and probably others, being 500 acres more or less... deed from William Harris to Edward Mercer. James J. Mercer became purchaser at $600 being high bidder. At the same time, the care and support of Testator's lunatic daughter Polly Ann Mercer for life, according to the terms of said will, was bid out to lowest bidder. James J. Mercer and Martha Mercer became low bidders at $4000.... bond $2000, with R. A. Cox as Security. Last Will & Testament provided that care of Polly Ann Mercer be let out for low bid among his children. 20 March 1886. /s/ J. J. Mercer, Martha D. Mercer -------------------------------------------------------------------------------- [NEW] ANDERSON, JAMES T. & others vs YOUNG, W. C. & ALETHA YOUNG and ANDERSON, J. T. & DRAPER, W. W. vs YOUNG, W. C. & YOUNG, ALETHA and FIRST NATIONAL BANK OF SPARTA, TENN & J. N. WALLING, CASHIER vs W. C. & ALETHA YOUNG and [Can't read] M. TINSLEY for use &c of Z. M. YOUNG [NOTE: Very little on this case except the titles of various suits. Business matter, no relationships given - mlj]. END OF REEL #44 Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ *** 45 ================================================================================ -------------------------------------------------------------------------------- [NEW] ANDERSON, ALEATHA & ANDERSON, RIDLEY vs RICHMOND, JAMES K. Circuit 1886 DECREE: For the Plaintiff against Defendant. $10 and costs. SYNOPSIS: Richmond's cows got in the Anderson's cornfield. No relationships given, no ages. Those testifying on/about 23 October 1886: Henry Carter, William Steakley, Henry Anderson, Ridley Anderson, Bradford Upchurch, John Medders, John Harper, H. R. Upchurch, W. G. Dowell. J. K. Richmond stated those adjoining the land are G. C. Darwin, James Anderson. On Flynn's Creek, the road from Shake rag branch to Gainesboro. Some land belongs to Henry Carter, Frank Richmond, William Richmond. Some is not fenced. -------------------------------------------------------------------------------- [NEW] ANDERSON, EDWARD vs VANCE, LEWIS Chancery 1850 DEED: Lewis R. Vance to Edward Anderson, $500. Land in District 13, 500 acres, west side Buffalo Valley at a wet weather spring just above old Kirkland tobacco barn... through the plantation where Thos McCollough now lives... north boundary line to what is called the Marr tract... Bartlett's line to his corner in the Smith County line, with the line... to plantation where Thos McCollough, Thos Brewington doth now live. 27 November 1847. s/s L. R. Vance; Wits: F. M Anderson, J. W. Vance. Recorded Jackson Co. 6 Decr 1847 DEPOSITIONS: At the home of Thomas McCullough, 26 January 1850. Thomas McCullough [No age]. Have lived on the land ever since the Complainants purchased it, and have paid the rent to Defendant. Thomas [his X] McCullough Elisha Abney [No age]. Testified to when payments due for land. Elisha [X] Abney BOND FOR TITLE: Edward Anderson to Lewis R. Vance. Bond of $7,000 subject to payment for land. /s/ Edward Anderson -------------------------------------------------------------------------------- [NEW] ANDERSON, EDWARD vs ANDERSON, THOMAS Chancery 1854 BILL OF COMPLAINT: Edward Anderson of Jackson County against Thomas R. Mahaney of Izard Co., AR. In the case of Benjamin C. White and others against orator and defendant Thomas R. Mahaney and others... Last term of court a decree was pronounced. $121 of part of distribution of Thomas R. Mahaney in estate of Benjamin Mahaney, deceased was paid. Orator and said defendant Thomas R. Mahaney were joint Executors of Last Will & Testament of said deceased. Previous to filing of bill by said White & others, Complainant paid off to his co-executor as one of the heirs at law of Testator the full amount of his share - that previous to defendant leaving the state to go to Arkansas... made a settlement. Orator failed to get a receipt. Orator is charged for rent of land from 8 June 1848 to 8 June 1852 at $75 per annum plus interest. Defendant had possession of land for about 17 months, and should be charged for rent during this time, about $138. 10 Feby 1854. s/s Edward Anderson ANSWER: Edith Johnson to Bill of Complaint. True Ben White & others filed a bill to set aside sale of land which respondent's father died seized and possessed in Jackson Co. Sale to be set aside was that made by Thos R. Mahaney of Respondent's father. Court decreed sale should be set aside... 21 November 1854. Edith [her X] Johnson [NOTE: Very little on this case here. May be more on another reel - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, EDWARD vs AMONETT, JOHN Chancery 1852 DEPOSITIONS 16 October 1852: William Hawkins age 45. Know nothing about purchase of land by Complainants and Defendants. Understand they was to divide land between each other. Amonett was to have that part on which he was living and Bartlett was to have a portion that adjoined him and Thomas Anderson was living on a portion of the land. /s/ William Hawkins William McGinnis age 53. I was one of the men chosen to divide land in dispute. Me and Snoden Maddox made a valuation, Allen Young disagreed. /s/ William McGinnis Snowden H. Maddox age 40. Complainant was not present when land was divided by the surveyor between Complainant and Defendant. /s/ Snoden H. Maddux Thomas Anderson 33. Am acquainted with the land. Was there when it was laid off between the purchasers. /s/ Thomas Anderson William Duke about age 31. Was at the school house in Buffalow [sic] Valley, below Thomas Anderson on 11 Jan 1853. Have been over Mr. Bartlett's part, know little about the lines. Part of Bartlett's land is very rocky and steep. William R. Vance age about 50. Was well acquainted with Luis R. Vance land in 1831-2-3. He showed me most of his lines. Was well acquainted with John H. Anderson farm, have not been on either of the others in perhaps 10 years. /s/ W. R. Vance Joseph McKee age 31. Know nothing. /s/ Joseph McKee ANSWER: John H. Ammonett & Joshua Bartlett. In 1851, Complainants and Respondents purchased of Lewis R. Vance the land mentioned for $2000, agreed to pay one-third each. Deny land should be equally divided. Ammonett and Bartlett paid in more money. 17 July 1852. /s/ John H. Ammonett, Joshua Bartlett DEPOSITIONS [No date]: Isaac A. Huddleston. Lived about 1 1/2 miles from the land. /s/ I. A. Huddleston James Isbell about age 43, testified regarding property value. /s/ James Isbell John Duke age 28. Was along when lines were shown to Isbell, Ford, Draper and William Duke. /s/ John Duke Charles R. Ford about age 40. /s/ C. R. Ford Lawson H. Draper about age 53. /s/ Lawson H. Draper Allen Young, about age 40. Couldn't agree as to value. /s/ Allen Young Thomas Fisher age 36. Land in Dist. 13, Jackson Co. Was in company with Thomas H. Butler and we surveyed the land allotted to defendant. Was 10 December 1852. Dated 16 January 1854. /s/ Thomas Fisher John Merritt /s/ John Merit Thomas Maddux age 39. Live about two miles from land. /s/ T. J. Maddux Hugh Wallis about 55. /s/ Hugh Wallis CAUSE HEARD: 9 February 1855. Defendant should pay Complainant $78.63. DEED: I, Lewis R. Vance, Mary Ann McNichol, Thomas Jefferson McCullough have this day sold... to John H. Ammonett, Joshua Bartlett and Edward Anderson... land in Jackson and Smith counties, Tennessee... waters of Caney Fork... Bartletts line... Benjamin Morris corner... corner called James Vance's South East corner... line with Maddox & Vance... to Fisher line... Sadler's line... crossing the River to Nichols northeast corner... dividing the waters of Buffalo Valley & Dry Creek including the plantation where William Duke and William Whitlock, John Webb, Isaac Prentiss and said Vance now live. 800 acres more or less. 2 June 1851. /s/ Mary Ann McNichols, Lewis R. Vance, Thos J. McCullough Witnesses [signed]: James T. Quarles, Ransom P. Mahaney -------------------------------------------------------------------------------- [NEW] ANDERSON GREEN CO. vs HAWKINS, W. K. Chancery 1891 Thompson Anderson & Frank W. Green, Anderson Green Company, merchants in Nashville, recovered judgment levied on land... L. D. Allen's line... W. R. Allen's line... about 43 acres. Also 75 acres, land formerly occupied by Edward Terry, 75 acres being the dower tract of W. K. Hawkins' mother Mahaly Hawkins, he having purchased five shares and owning in his own right one other share, there being 8 in all. Said Mahaly Hawkins having a life estate in the whole. ... further appeared to the court that the conveyance or attempted conveyance to their sons Van & Alex Hawkins were never delivered to or accepted. ANSWER: W. K. Hawkins, Van Hawkins and Alex Hawkins. Admit W. K. Hawkins owes Complainant, deny fraud. BILL OF COMPLAINT: Anderson Green & Co. against W. K. Hawkins, Alex Hawkins and Van Hawkins. W. K. Hawkins owes them money, is insolvent. Defendant until a short time ago had retail mercantile business. W. K. Hawkins sold or traded land to his sons Alex and Van Hawkins, where W. K. Hawkins now lives. His mother has dower for life. Bounded by land of Wiley Smith, Hanon lands, land of W. K. Hawkins, north by the same and L. D. Allen in 9th District. -------------------------------------------------------------------------------- [NEW] ANDERSON, J. B. vs REEVES, CHARLES E. Chancery 1868 [NOTE: There are bills and cross-bills, multiple combined lawsuits filed in this case. The complainant becomes the plaintiff, then switches - mlj]. CAUSE HEARD: 28 May 1875. Bill be dismissed, security John P. Murray pay costs. BILL OF COMPLAINT: Charles E. Reeves against John B. Anderson, Fay Anderson, Mat Anderson, Ader Anderson, Lulu Anderson, Landon Anderson, Nannie Anderson and Lukus Anderson all of Jackson County. Orator recovered decree against defendant John B. Anderson & others, November term, Circuit Court 1871, more than $4000. Defendants appealed to Supreme Court, was reversed as to Hall and affirmed as to John B. Anderson. In an attempt to hinder creditors... conveyed to wife Mary Anderson land in 8th District, bounded north by Marion Harris [can't read word] east by Phillips heirs, south by Albert Kirkpatrick, west by Cumberland River. Anderson filed a petition for bankruptcy in Middle District of Tennessee, claims to have been adjudged a bankrupt 30 May 1868. Mary Anderson, wife of defendant John B. Anderson, is dead and Fay Anderson, Mat Anderson, Lula Anderson, Landon Anderson and Nannie Anderson and Lukey Anderson are her only children and heirs. The latter five are minors without regular guardians. If the deed was registered, it burned in the 14 August 1872 fire. Orator charges defendant is about to sell land... remove from state. 13 March 1879. ANSWER: Charles E. Reeves to Bill of Complaint of John B. Anderson. L. C. Hall filed his bill. Respondent filed a cross-bill 4 March 1867. Cause and cross-bill heard 2 November 1871. Decree against Complainant. /s/ C. E. Reeves BILL OF COMPLAINT: John B. Anderson against Benjamin Chapman & Littleton C. Hall of Jackson County, Charles E. Reeves of Macon County, Luke T. Armstrong of Davidson County and Joseph E. Mulkey of the State of Kentucky. 25 August 1866, defendant L. C. Hall filed a bill seeking to be released of judgment. 14 March 1867, defendant C. E. Reeves filed a cross-bill. DEPOSITION 9 March 1878: B. B. Washburn. Was the solicitor of J. B. Anderson. /s/ B. B. Washburn DEPOSITION 3 March 1880. Joseph E. Mulkey age 54. Sold a judgment recovered in Circuit Court to C. E. Reeves. It was against R. C. Kirkpatrick, and was stayed by L. C. Hall. I had a bill filed against me in Clay Co, TN by C. E. Reeves that grew out of the transfer of judgment. Settled in full by compromise. /s/ Joseph E. Mulkey -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T., Administrator of ANDERSON, W. C. County 1886 NOTICE: To Charles W. Anderson, a non-resident of Tennessee and heir at law of W. C. Anderson... final settlement with J. T. Anderson as Administrator of W. C. Anderson, deceased will be 26 July 1886 [Note: Whether this was posted on the court-house door, or sent to a newspaper for publication is not indicated. No indication of where out of state he resided. J. T. Anderson had purchased Charles W. Anderson's interest - mlj]. SUBPOENA: William C. Anderson, Thomas Upchurch & wife Rhoda Upchurch, Dolly Wheeler, Caleb Anderson, Jane Hanie, James W. Allerd & wife Polly Allerd, Carter Upchurch, Gillum Upchurch. 2nd Monday in August next... bill against them. Dated 2nd Monday in February 1867. DEPOSITIONS 5 September 1888: T. B. Upchurch age 42. Land of W. C. Anderson, being his home tract on Flynn's Creek, not susceptible to partition. Land worth about $1500. /s/ T. B. Upchurch J. M. Morgan [No age]. Heirs too numerous. Eleven original heirs, two of whom we are informed are dead, leaving three minors each. About 200 acres, about 50-60 tillable. I am a freeholder of Jackson County, Tennessee. /s/ J. M. Morgan Geo H. Morgan age 47. About 160 or 170 acres, much hilly. /s/ Geo. H. Morgan -------------------------------------------------------------------------------- [NEW - Misfiled?] GARLAND ANDERSON [NOTE: What is listed as an accompanying plot map of the landed estate of Garland Anderson, being 328 acres more or less on Blackburn's Fork of the Roaring River, dated 24 March 1866 is filmed here. There is a case involving heirs of Garland Anderson on Reel #44. Whether these Andersons are closely connected to Caleb Anderson's descendants who lived in the 11th District, Flynn's and Martin's Creek area is doubtful. More on Caleb Anderson descendants on Reel #124 - mlj]. -------------------------------------------------------------------------------- [NEW - Return to W. C. Anderson descendants] BILL OF COMPLAINT: James T. Anderson, Ridley Anderson, S. B. Anderson, Jennie Anderson & Aletha Anderson, all of Jackson County, against John S. Dudney, Della Dudney, Mary Dudney, Margaret Stafford, Thomas Stafford & Lou Stafford, Lula Anderson, Henry Anderson, and all minors without general guardian. W. C Anderson departed life intestate in Jackson County 17 September 1882, seized and possessed of land 11th District on Flynn's Creek, bounded south by Henry Carter, east by his land and J. K. Richmond or Thomas Haile, north by G. C Darwin, west by Thomas Upchurch heirs and Gillum Upchurch and also Byrd Anderson's land, except about four acres in said boundary upon which J. T. Anderson's mill now stands, and which he owns. W. C. Anderson left at death the following heirs: J. T. Anderson Byrd Anderson W. L. Anderson Charles Anderson Ridley Anderson S. B. Anderson Jennie Anderson Lula Anderson Henry Anderson and the following named grand children: Margaret Stafford, Thomas Stafford and Lou Stafford, children of a deceased daughter who died before her father, and John S. Dudney, Della Dudney and Mary Dudney, children of another daughter who died before her father. Also Complainant Aletha Anderson, his widow, who resides on land and has since his death. Has never had homestead and dower assigned. Complainant J. T. Anderson owns three shares; his and Charles Anderson and W. L. Anderson and holds deeds. Ridley Anderson holds two shares; his own and Byrd Anderson by deed. Personal estate has been administered, debts paid. 19 May 1888. /s/ J. T. Anderson DOWER & HOMESTEAD: Assigned to Aletha Anderson, widow of W. C Anderson on 5 September 1888 by J. A. Durham, M. D. Haile and E. L. Jackson. NOTE 1850, 1860 & 1880, source is Sistler's printed index; 1870 is microfilm reel: 1850 USC, Jackson Co. 1240-648, Wm C. ANDERSON 30, Aletha 22, John 7, Mary 5, Margaret 4, James 1. 1860: W. C. ANDERSON 41, Aletha 33, John 17, Mary 18, Margarett 12, James 10, Thomas 8, William 6, Ridley 3, Charles 8/12. 1870, p. 232: William C. ANDERSON 51, Letha 43, Margaret 22, James T. 21, Thomas B. 19, William L. 17, Ridley D. 12, Charles 10, Jane 7, Stephen B. 6, Lura E. 3, Henry R. 11/12. 1880, p 259: William C. ANDERSON* 61, Aletha 53, Ridley 22, Jennie 17, Stephen 15, Lula E. 12, Henry 10. [*] Sistler's note indicates not all in hh listed. -------------------------------------------------------------------------------- [NEW] ANDERSON, JAMES T., Admr W. H. BOTTS vs HOOVER, A. H. et als and ANDERSON vs BURRIS and ANDERSON vs YORK AMENDED ANSWER: Emily Gipson in her own right and as guardian of Robert Gipson, John M. Gipson and Levisa Ann Gipson and - Robert Gipson, John M. Gipson and Levisa Ann Gipson against them and others. Administrator was appointed 21 August 1891, filed against widow and heirs and Administrator of L. M. Gipson, deceased in the event the town property did not bring enough to pay off the note. AFFIDAVIT: Emily Gipson, widow of L. M. Gipson, deceased. L. M. Gipson died intestate in Jackson County 14 August 1886. States she is entitled to dower in Roaring River tract. Defendants Robert Gipson, Mary Jane York wife of Thomas York, John M. Gipson and Levisa Ann Gipson and Ovale [Ova Lee] Dixon are the only heirs at law of L. M. Gipson. Emily is the widow of L. M. Gipson and regular guardian of Robert, John M. and Levisa Ann Gipson. M. J. Dixon married Lena May Gipson, a daughter of L. M. Gipson, a daughter of L. M. Lena May died intestate leaving Ovale Dixon her only child and heir, and M. J. Dixon is her father. 23 February 1898. BILL OF COMPLAINT: James T. Anderson, Administrator of W. H. Botts against M. F. Spurlock of Jackson County and others. William H. Botts died 26 May 1890 intestate as to his property in Tennessee. Complainant charges 19 December 1885 defendant Andy Skimmehorn sold to defendant Spurlock a tract of land known as the Andy Skimmehorn tract. James T. Anderson is Administrator of W. H. Botts who died intestate except what he willed to his daughter in law Lizzie Botts during her natural life, with the remainder to his heirs forever, being his home place in Glasgow, Kentucky. Also the interest on $5000, to be invested with remainder to her two children. Botts owned property in Jackson County and Clay Counties, Tennessee. Also held notes on John M. Burris due 16 May 1884... John M. Burris home place on Jennings Creek, 13th District where John M. Burris now lives. Bounded by land of Lewis Hix, H. Rehorn formerly Joe Hix [believe this means formerly owned by Joe Hix - mlj] and lands formerly owned by F. M. Price, C. C. Hix and others. Land was originally owned by S. F. Murray, now dead. He sold in his lifetime on 8 December 1871 to Henry W. Hamilton, but executed no deed, but a bond for title. Hamilton contracted to defendant John M. Burris. Complainant charges that legal title is in S. F. Murray, deceased. He left defendants Nannie Murray, Maggie Coffee wife of [blank] Coffee his only heirs. NOTICE TO SHERIFF OF JACKSON COUNTY: Summons J. T. Anderson, Administrator of W. H. Botts and J. T. Anderson in his own right; W. W. Draper, guardian of Agnes Kinner Botts; H. A. Crabtree and H. H. Herod, Sr., Admr of J. F. Botts, deceased; M. J. Dixon, guardian of Ova Lee Dixon; Thomas York & wife Mary Jane York; M. J. Dixon in his own right; Barbary Lynn and Thomas Lynn, Administrators of James Lynn, deceased; and Barbary and Thomas Lynn in their own right; John Lynn, Joseph Lynn, James R. Lynn and Buford Lynn. -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T. vs HOWELL, J. G. Chancery 1893 DEPOSITIONS 14 April 1887, C & M Office, Jackson County: R. V. Brooks, age 4[?44 - smear]. Am a party to suit. W. H. Brooks is my son. I was at Highland, Tennessee, and John G. Howell said he traded his stock of goods to W. H. Brooks. /s/ R. V. Brooks William H. Brooks age 23. Bought John G. Howell's stock of goods about February - May 1885. /s/ W. H. Brooks. DEPOSITION 27 August 1887. Catherine Howell [No age]. John G. Howell lived near the store. W. H. Brooks did eat at our table. R. V. Brooks asked if we had arrangements for board. BILL OF COMPLAINT: James T. Anderson, Administrator of W. H. Botts, deceased against John G. Howell of Jackson County; E. T. Ellison & wife of Macon County, Lewis McQuown and wife Dona McQuown, J. S. Botts, Ella Lewis Botts, Agnes Kinner Botts of Barren County, Kentucky; and W. W. Draper of Jackson County. 26 May 1891 W. H. Botts departed life near his home in Barren County, KY intestate as to his property in Tenn. July term 1891, Complainant was appointed Administrator of his estate in Tennessee. Defendants except J. G. Howell and husbands of the married women and W. W. Draper, guardian, are the only heirs at law of W. H. Botts, deceased. John G. Howell purchased land of W. H. Botts in 1882. Botts held notes, Howell is insolvent, property is deteriorating, not worth balance due. DEPOSITIONS [No date]: James C. Howell. J. G. Howell and Botts both said J. G. Howell bought land in Highland from Botts about 1882... am the brother of J. G. Howell. /s/ J. C. Howell J. H. Majors, lawful age. Know Howell. /s/ J. H. Majors -------------------------------------------------------------------------------- [NEW] ANDERSON, J. T. vs BOTTS, AGNES K. et al County 1898 DECREE: All right, title and interest of defendants Agness K. Botts, Lewis Botts, Walter Botts, Willie H. Botts and Eva Botts and his widow M. E. Botts to town lots be divested out of them and to purchaser James T. Anderson. PETITION: Agness K. Botts recently intermarried with one Wood Huff, a non resident of the State... ask that he be made a party to this suit. /s/ J. T. Anderson, Admr DEPOSITION 28 January 1899. J. A. Williams, age 61. Occupation farmer near Gainesboro. Own lots and buildings in Gainesboro [testifies to property value - mlj]. /s/ J. A. Williams BILL OF COMPLAINT: James T. Anderson against Agness Kinner Botts, a minor of Barren County, KY and W. W. Draper, guardian of Jackson County and Louis Botts, Walter Botts, Willie H. Botts, Merlin Botts and Eva Botts, all minors and citizens of Jackson County and Mrs. M. E. Botts, their general guardian. James T. Anderson on [blank] June 1898 became owner in fee by deed of three and one half fifths of hereinafter real estate. Agnes Kinner Botts inherited one-half of one fifth. Lewis Botts, Walter Botts, Willie H. Botts, Merlin Botts and Eva Botts are owners of one fifth. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S. vs MORGAN, W. C. Chancery 1886 BILL OF COMPLAINT: L. S. Anderson against J. M. Chilton of Marshall Co., Tenn, Catherine Chilton of Davidson County, Tenn, and W. C. Morgan. Complainant bought land in Jackson County in 1881 encumbered with back taxes. [Gave no relationships - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S. vs CUNNINGHAM, L. P. Chancery 1888 BILL OF COMPLAINT: L. S. Anderson, J. W. Herod, W. B. Butler and J. M. Morgan of Jackson County, Tenn against David Clark, B. C. Clark and H. L. Sadler of Jackson County, Tenn and F. P. Cunningham and wife Mary Cunningham of Macon County, Tenn. Complainants own a judgment of about $70 in the name of Mary E. Cunningham against B. C. Trousdale and H. L. Sadler, rendered about eight months ago and then stayed. 16 November 1888. Unpaid, still due. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S. vs STAFFORD, J. H. Circuit 1890 ANSWER: James W. Stafford to Bill of Complaint. Know nothing. WITNESS: Henry Riley... was at the drug store of Plaintiff L. S. Anderson in Gainesboro. [NOTE: This was a business matter concerning a due bill. No relationships - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S., Executor of ANDERSON, J. B. County 1894 LAST WILL & TESTAMENT OF J. B. ANDERSON I, J. B. Anderson... sound mind... 1st - Son L. S. Anderson take charge of estate... no bond. 2nd - L. S. Anderson to be guardian of my two children Nannie and Luke. 3rd - Just debts to be paid. 4th - After debts are paid, my son L. S. Anderson... to best judgment sell real and personal estate and from the proceeds pay to Mattie Cunningham, Ada Tinsley, Lula Loftis and Landon Anderson the sum of $400 which is willed and bequeathed to them respectively. 5th - Remainder of estate to be used and controled [sic] by my said son, L. S. Anderson for the purpose of maintaining, caring for... my two children Nannie and Luke until Luke reach age 21. 6th - L. S. Anderson, Luke Anderson and Nannie Anderson to receive such sum as to make equal with Mattie Cunningham, Ada Tinsley, Lula Loftis and Landon Anderson on account of my having made advancements of about $250 each to the last named four children. Remainder to be divided among Nannie Anderson, Luke Anderson, L. S. Anderson and Mattie Cunningham. I earnestly request that no one will bring a lawsuit... feel this will just and equitable. 16 April 1890 /s/ J. B. Anderson Wits: John M. Loftis, Lewis K. Smith FINAL SETTLEMENT: 26 April 1894. Among expenses are: Paid to Clara D. Cox for tuition for Nannie 12 Dec 1890, $15.00. Bal. due for tombstone & fence to enclose grave [no date], $125.00. Bill paid April 23, 1888, "Wife Lou", 2 crochet needles and [can't read], $.20 Appointment of Executor, Ex D B P 61, Apr 26, 1894. INVENTORY & SALE OF PERSONAL ESTATE dated 1 January 1891. Included 5 mules, cows, 6 head cattle. Notation the calf was kept on farm. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S. vs BYLES, JAMES Chancery 1896 PROSECUTION BOND: L. S. Anderson to James Byles, security are M. J. Dixon and L. B. Anderson, 23 Sept 1895. [NOTE - L. S. Anderson and H. H. Herrod sued James Byles. Byles prevailed, $14.20 judgment rendered against Plaintiffs, who did not appear. Plaintiffs appealed, said didn't appear because Constable didn't deliver notification timely. No relationships - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, MAUD vs ANDERSON, JOHN C. Chancery 1897 BILL OF COMPLAINT: Married in Jackson County 6 October 1887. Complainant forced to withdraw... cruel and inhuman treatment. He left her at night with her little children... came home drunken state. Abandoned her without providing. She went to his house and got a few of her things. Must depend on her brother and other relatives. Five children as result of their marriage, to-wit Leander Virgil, James Samuel, Donie May, Chester Arthur, Dora Ann aged respectively 8, 6, 4, 2, 1. Dated 5 May 1897. Butler & Brooks, Attys. R. M. [her X mark] Anderson AMENDED BILL OF COMPLAINT: R. M. Anderson against J. C. Anderson, a non-resident of the State, John H. Dennis and W. H. Brooks, J. H. Anderson, U. T. Anderson and R. V. Brooks of Jackson Co. Defendant J. C. Anderson holds note on J. H. Anderson, one of the defts, for $45; also W. T. Anderson for $75. [Lists personal property]. J. C. Anderson owns an interest in a little tract of land in 11th District, bounded by lands of Berry Franklin, Uriah Brown, Lee Ragland, J. H. Anderson and perhaps others. Land was purchased from defendant J. C. Anderson and R. V. Brooks. Defendant J. C. Anderson agreed that the $200 interest in said property be settled on her by deed of trust to defendant W. H. Brooks... A black cow and calf is in possession of defendant J. H. Dennis. Complainant charges defendant J. C. Anderson has removed himself out of Jackson Co... now a non-resident of Tennessee. 24 May 1897. R. M. [her X mark] Anderson -------------------------------------------------------------------------------- [NEW - MISFILED?] ANDERSON, MAUD vs ANDERSON, JNO C. TO CLERK & MASTER: All questions as to alimony having been fully settled... hereby authorized... dismissing my bill and amended bill and discharging the attachment. I consider the case entirely out of court. 30 June 1897. /s/ M. E. Anderson Attest: John Chaffin, T. ?C/E [his X] Birdwell, J. C. Anderson [NOTE: This may/may not be the same individuals as Rebecca Maud Anderson vs John C. Anderson, above and below this case. Rebecca Maud Anderson signed her name, or sometimes used 'X', as "R. M. Anderson". M. E. Anderson's handwriting is somewhat different - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, REBECCA MAUD vs ANDERSON, JOHN C. BILL OF COMPLAINT: Rebecca Maud Anderson against John C. Anderson, both of Jackson County. Married 6 October, 1877. About six or seven months back one Alice Johnson came in to their family as a servant girl. About the latter part of Dec the deft threatened to kill his self and told respondent that he did not love her and would not live with her. At one time she got Alice Johnson to go away, but when defendant came home he got complainant to go and bring her back... first time she had suspicions of improper conduct. Defendant and Alice Johnson was arrested under a state warrant charging them with dulatry [sic]... went to jail... he refused to let his friends make bond unless they would make bond for Alice. Alice Johnson has said repeatedly... intended to live with him... Defendant disposing of his property... note on U. T. Anderson for $75. Have children Leander Vergil, Sam, Dona May, Chester Author, Dora Ann Anderson... very young, and defendant has threatened to take them. /s/ Haile & Johnson, Sol., /s/ R. M. Anderson -------------------------------------------------------------------------------- [NEW] ANDERSON, MATHEW J. vs APPLE, JOHN & WIFE Chancery 1860 TO SHERIFF OF PUTNAM CO, TN: Summons John Apple and wife Amanda Apple, to answer bill by Mathew J. Anderson, 2nd Monday in August 1866. TO SHERIFF OF DEKALB CO, TN: Summons Jefferson Lee & wife Elizabeth to appear and answer bill by Matthew J. Anderson, 2nd Monday in August 1866. TO SHERIFF OF JACKSON CO, TN: Summons Jubal Anderson, Mary Anderson, Thos Williamson & wife Mary Ann Williamson, Thomas King, Ann King, Matthew King, Marion King, Susan King, Louisa King, Eller King, Ira King and Oliver H. Anderson to answer bill by Matthew J. Anderson, 2nd Monday in August 1866. STATE OF TENNESSEE} Whereas, Jubal Anderson, being the owner of following tract... Jackson County, Tennessee on the north side of the Spring fork of Martin's Creek... Anderson's Spring branch... dividing line between Jubal Anderson and Tilman Anderson, westwardly with William Anderson line on Mulherens old line... the said William Anderson... being 200 acres more or less, which tract William Anderson conveyed to Jubal Anderson 16 September 1831, which deed is registered in Book D, page 298, Jackson County. Afterwards on 1st August 1844, said Jubal Anderson conveyed said lands to Elizabeth J. Anderson in trust for his wife Polly Anderson. His children: Sally Anderson intermarried with Tilmon Brooks, Elizabeth J. intermarried with Jefferson Lee, Mary Anderson intermarried with Thomas C. Williamson, Martha J. Anderson intermarried with Thomas W. King, Amanda Anderson intermarried with John Apple, Susannah Anderson intermarried with Nelson Webb, Oliver Anderson, Matthew Anderson - The wife and children of the said Jubal Anderson for the consideration mentioned in register's office of Jackson County, Book S page 142, 143 & 144, for the sum of $250 transfer a shear [sic] to each one of us pade [sic] by Matthew Anderson... January 14th 1860. [NOTE: There is a signature page, but whether every child signed, don't know. There is a notation "Pages torn", which I haven't found on any other torn document, so possibly signatures were torn off on purpose and others never deeded their share. The only signatures here are]: /s/ John Apple, Amanda [her X] Apple Test: Jubal Anderson, Milton Kirkpatrick AMENDED BILL OF COMPLAINT: Matthew Anderson against John Apple and wife Amanda Apple, Jubal Anderson & wife Mary Anderson, Thomas Williamson & wife Mary Ann Williamson, Thomas King, Ann King, Mathew King, Marion King, Susan King, Louisa King, Eller King, Ira King, Oliver H. Anderson of Jackson Co. except John & Amanda Apple, citizens of Putnam Co; Jefferson Lee & wife Elizabeth Lee of DeKalb Co.; Tillman Brooks & wife Sarah of the State of Missouri; Allen Webb, [blank] Webb, [blank] Webb of the State of Arkansas. Complainant filed his original Bill of Complaint 13 August 1860, praying for injunction and relief... was just before the war... here adopt the original bill and make it part of this bill. Land mentioned as sold by defendants Apple and conveyed to Matthew Anderson was conveyed by Jubal Anderson to his wife Mary for life and in remainder to his children, who are made parties to this bill. ...Believes deed was made to avoid judgment and defraud creditors and that his purchase from Apple was made ignorant of the fact... asks sale be made invalid... was not informed of this fact until recently. Defendants Brooks, Apple, Lee and Williamson are married daughters of the said Jubal Anderson. Defendants Webb are minor children of a daughter of said Jubal, who is dead. Defendants King are minor children of a daughter of said Jubal Anderson. The said Thomas King who is their father and guardian. -------------------------------------------------------------------------------- [NEW] ANDERSON, OLIVER H. vs MONTGOMERY, ALEXANDER H. Chan 1866 BOND FOR TITLE: Sum of $2400, O. H. Anderson to Thomas C. Williamson... 197 1/2 acres on Dry Fork of Martin's Creek, known as the Hugh Harris tract bounded west by Wilson Carter, north and east by Jack Brown, south by George Stout. Deed to be made when notes are paid off. 10 October 18[??]. s/s O. H Anderson Test: John C. Cooper s/s, A. J. [his X] Fuqua ANSWER: John P. Murray to Bill of Complaint of O. H Anderson against respondent and others. States he collected some money for Montgomery from Nelson Sadler... was on bank of Virginia and Montgomery refused to take it. Respondent used the money and paid Montgomery all the amount mentioned in Montgomery's answer. 8 October 1866. /s/ John P. Murray BILL OF COMPLAINT: Oliver H. Anderson of Jackson County against Alexander H. Montgomery and Thos C. Williamson, both of Jackson Co., and John P. Murray, a non-resident of the State of Tennessee, whose residence is unknown. About [blank] October 1862 he sold Williamson a tract of land on Dry fork of Martin's Creek for $1200, took three notes for $400 each bearing date 10 October 1862. 1st one due 1st January 1864, 2nd on 1st Jan 1865 and 3rd on 1st Jan 1866, with interest accruing after 1st January 1863. Shortly after, Williamson sold land to defendant Montgomery. 3 January 1866. /s/ O. H. Anderson AGREE TO DISMISS: Complainant agrees to dismiss, Montgomery pay $10 costs, surrender possession of the land and pay Anderson rent for same. Complainant agrees to pay defendant for improvements. William Lambert and William Carter to state value of improvements. /s/ O. H. Anderson, /s/ A. H. Montgomery -------------------------------------------------------------------------------- [NEW] ANDERSON, S. B., Admr of GORE, JOHN C., deceased County 1891 FINAL SETTLEMENT 31 December 1891. Cash on hand, in pocket at death, received on interest, and notes paid was $404.65 less expenses of $437.22, leaving deficit paid by and due to Administrator of -$32.57. included these expenses [among others] Paid: L. B. Anderson to Estate of John C. Gore, deceased for $10 medical services during his last sickness. 31 Dec 1891. /s/ L. B. Anderson Paid: J. T. Anderson $1.00 for sending dispatch to his people in regard to his sickness before he died. April 7, 1891. /s/ J. T Anderson Paid: W. M. Maddox, Nashville, Headstone per agreement of Isaac Gore per S. B. Anderson, Esq. $28.65 [included $3 delivery to Jackson Co.] Paid: Washburn & Cason, burial costs, invoice dated 7 April 1891. Itemized, Linen cuffs $.40, 1 3/4 yard lace $.09, 1 handkerchief $.10, Black necktie $.25, Coffin & box $20.00, Negra for work on grave $.50. Total $21.34. Paid: T. J. Williams $ wife, $50.00 for Board, nursing during last illness & taking care of remains until burial. Invoice dated 22 May 1891. NOTICE: To Isaac Gore. Will make final settlement, John C. Gore, deceased on 31 December 1891. You may attend if you wish. -------------------------------------------------------------------------------- [NEW] ANDERSON, SARAH E. vs ANDERSON, CALEB Chancery 1876 BILL OF COMPLAINT: Married in Jackson Co. 18 January 1872. Last three months he has not even spoken to her... coldest indifference. About four months ago, commenced threatening Oratrix that all his married children were going to move in with them. His children are abusing Oratrix in his presence... hit her with sticks... He called her a bitch... said to Polly Ann Jones [cannot read]. Has withdrawn from her. They have three children born of said marriage, Samantha D. Anderson 5 years old, Sydney F. Anderson 3 years old, W. C. Anderson 6 months old... Wants divorce not from the bonds of matrimony but a mensa et thoro [legal separation]. 15 August 1876. [Signed] John P. Murray, G. B. Murray Sallie E. [her X] Anderson ANSWER: Caleb Anderson states that in April 1871 his wife Martha Jane Anderson died, leaving Respondent and seven children namely Nancy, Frances, J. K. Franklin, Lafayette, Cooper, Delora [descendants list Ledora], and Elizabeth. Complainant at their marriage spoken of had two children, Julia and Filmore. They did on/about 18 January 1872 marry each other. Respondent supposed they could live together agreeably... was mistaken. Respondent's second daughter who was then about age 17 and Complainant's daughter about the same age had a difficulty. Complainant's daughter gave his daughter the lie [called her a liar]. Respondent was told by Polly Jones that Julia had said she would see Respondent in hell before she would mind him. Respondent told Julia he would not tolerate this behavior... she told her mother who was then visiting Mrs. Carter's 200 - 300 yards away that Respondent said Complainant would have to leave home - which he never said. Complainant got mad and stayed all night at W. C. Anderson's. His daughter Nancy wanted to go to meeting, Complainant snatched away the saddle, started beating her terribly, he intervened, complainant hit him with a chair. He didn't encourage his children to abuse Complainant, she assaulted them and they were sometimes justified in their defense. For the sake of peace, he sent his two oldest daughters off to kinfolk in Decalb [sic] County, fifty miles or more. She abandoned his bed, went to another room for insult. Refuses to do any family work... he has hired it done. The children set out and ages are correct. Did tell his wife that if she refused to do any work that he would have to get his two daughters who are married to move close by in order that he might get them to do his work, washing &c. Complainant would do anything to spite him... accused him of killing his former wife. August 28, 1876. /s/ Caleb Anderson BOND: Caleb Anderson to Sarah E. Anderson, $200. /s/ Joshua Haile, Security. -------------------------------------------------------------------------------- [NEW] ANDERSON, SARAH E. vs ANDERSON, CALEB, etc. Chancery 1882 PROSECUTION BOND: Sarah E. Anderson to Calep [sic] Anderson, 29 January 1879. P. N. [his X] Dudney, Security SUMMONS: Putty Wheeler, Manerva Wheeler, Henry Anderson, James W. Stafford, Z. M. Young, P. N. Dudney, Henry Carter, M. G. Butler. 29 September 1882 [Testimony/depositions not filmed - mlj]. TO SHERIFF OF WHITE CO: Sallie E. Anderson... bill filed in Chancery that her husband has deserted her and removed himself out of the county privately... prays for divorce and alimony, attach any property that can be found. 4th Monday Sept. 1879. TO SHERIFF OF JACKSON CO: Ditto above attach order. CAUSE HEARD: Personal property included small lot of corn at Rose [?Ross] Stafford's. She has care and custody of S. D. Anderson, Frank Anderson, William Anderson and infant not named, children of their marriage. BILL OF COMPLAINT: Sallie E. Anderson against Caleb Anderson, both of Jackson County, Tenn. Married about 17 Jan 1872, together as husband & wife until about 24 January 1879. Oratrix states Lands Robbins is indebted to her... lands known as Jno H. Stafford tract, where Robbins now lives for $340. Oratrix charges that she was the owner of property... part of the proceeds of her land. Defendant Anderson left, willfully abandoned... Children of marriage are S. D., Frank, William and an infant not named. 29 January 1879. Sallie E. [her X] Anderson BILL OF COMPLAINT: [NOTE: This was in the same file, but appears to be the third, and possibly final, divorce - mlj]. Sallie E. Anderson against Caleb Anderson of parts unknown, supposed to be in the State of Texas, and William Anderson of Jackson County. She and defendant have four children, 2 boys, 2 girls. Oldest age 9 and youngest age 4, named Cymantha, Franklin, William and Clara. Defendant owned mare and mule colt, fraudulently conveyed to J. M. C. Carter who conveyed to William Lawson. 8 August 1882. ANSWER: William Lawson to Bill of Complaint of Sallie E. Anderson... Supposed they had fallen out and parted temporarily as they had many times before. Heard Caleb Anderson was in State of Illinois and contemplates coming back soon... In one of their many partings, Complainant attached all of Caleb's property, they compromised and made a division. Caleb sold his part of the land and the mare and mule colt... purchased at fair price in good faith. William [his X] Lawson -------------------------------------------------------------------------------- [NEW] ANDERSON, W. C. et al vs UPCHURCH, GILLEM and Circuit 1876 UPCHURCH vs ANDERSON [NOTE: This is actually an Anderson "lumped" file, with Action of Ejectment involving estate of Caleb Anderson, and divorce of Martha Jane Anderson vs Caleb Anderson, Jr. More on estate of Caleb Anderson on Reel #124, Wheeler vs R. P. Brooks. - mlj]. SUMMONS: Mary Anderson to appear 1st Monday in November 1845, James Draper against Nancy Anderson. Dated 1st Monday in May 1845. BILL OF COMPLAINT [ Severe ink bleed-through, hard to read - mlj]: Martha Jane Anderson, a married woman, against Caleb Anderson... She is a daughter of Joseph Cantrell, a citizen of DeKalb Co., TN. [Blank] 1852 she intermarried at her father's residence in DeKalb County. Lived as husband and wife until five days ago... ill and inhumane treatment compelled her to separate. May 1858, forgetting his marital vows... struck with fist. 185[blank] his first child was only two weeks old... Now live in the yard of said Caleb's mother Nancy... the said Nancy was throwing fire brands in front of Oratrix and between her and the said Caleb... slanderous tales about Oratrix. Have two children the fruit of marriage Nancy Caroline about age 5, youngest Syntha Frances age 3. Caleb Anderson owns tract... distributional share of his father's estate. 2nd May 1858. /s/ M. J. Anderson AGREEMENT TO DISMISS: Martha Jane Anderson agrees to dismiss against Caleb Anderson, 14 June 1858. /s/ Martha Jane Anderson, Caleb Anderson SUMMONS: Mrs. Frankie Upchurch, Henry Richmond and W. C. Anderson to appear and give testimony, cause of Gillem Anderson vs W. C Anderson. 2nd Thursday in May 1879 [No testimony on film - mlj]. ANSWER OF ??? - first part missing, concerns estate of Caleb Anderson - mlj]: ...it was true he was appointed to sell the slave as charged in Complainant's bill... true he was required to hand over notes given for the purchase of slaves to the Admr of the estate of Caleb Anderson, deceased... believes said Complainant took advantage of the sickness and absence of respondent's co- defendant Richard P. Brooks and procured himself to be appointed garden of the minor heirs of said Caleb Anderson, deceased... pretext to obtain injunction... /s/ Nelson & Richardson, Solr for Respondent. ANSWER: Nancy Anderson to Bill of Complaint by James Draper, Richard P. Brooks & Merlin Young against Respondent. Richard P. Brooks is Administrator, she is not cognizant of all the facts. Nancy [her X] Anderson ACTION OF EJECTMENT: [Papers recopied for Tennessee Supreme Court Appeal - mlj]. Gillem Upchurch sues for a life estate which he claims as tenant by curtesy [Right of husband to deceased wife's estate]. Plaintiff Upchurch intermarried with a daughter of Caleb Anderson, deceased who left a large estate which descended to heirs. Plaintiff's wife [Sarah] was an heir subject to dower of Caleb's widow. Wife survived her father, died leaving children of the marriage after dower was assigned, but before the death of the widow [Several pages arguing points of state law - mlj]. On the charge of Gillem Upchurch, defendants are guilty of detaining plaintiff's [Gillem Upchurch's] land... District 11, Jackson County, bounded north by lands of Plaintiff which he, in right of his wife Sarah, drew from the estate of Caleb Anderson, deceased, east by the lands of the late Thomas Hail, south east by lands of Thaxton Carter and west by lands of Plaintiff and Thomas Upchurch. Plaintiff Gillem Upchurch is owner of life estate, being 1/10 undivided part of the before described tract of land... assess Plaintiff damages for the detention One Cent. Sallie Upchurch died several years before her mother. The widow of said Caleb Anderson died 5 January 1866. Caleb Anderson left ten children at his death, to-wit: Rhoda Anderson married Thomas Upchurch; William C. Anderson; Jane Haney intermarried with William Haney; Sarah Upchurch wife of Plaintiff Gillem Upchurch; Charles Anderson; Elizabeth intermarried with H. J. Adkins; Nancy Anderson married James Parrish; Caleb Anderson; Minerva Wheeler wife of Hop Wheeler; and Mary Anderson married James M. Allard. 8 July 1869. BILL OF COMPLAINT: P. McCarver and Leonidas A. McCarver of Jackson Co. against William C. Anderson, Thomas Upchurch & wife Rhoda Upchurch, Judge Atkins and wife Elizabeth Atkins, Dolly [Minerva - mlj] Wheeler, Caleb Anderson, Jane Haney, James W. Allard & wife Polly Allard, Carter Upchurch & Gillem Upchurch, all citizens of Jackson County, Tenn except Atkins and wife of the State of Illinois; James Parish & wife Nancy Parish of DeKalb Co., Tenn, Charles Anderson of Smith Co., Tenn, Ross Upchurch of parts unknown. Caleb Anderson departed life many years since... heirs are the defendants. Said Allard, Atkins, Thomas & Gillem Upchurch and James Parrish intermarried daughters of said deceased. Gillem Upchurch married a daughter [Sarah] of deceased, had children Carter and Ross Upchurch living at her death. Leonidas McCarver purchased the interests of Ross & Carter Upchurch that their mother would have inherited had she survived. Leonidas conveyed said interest to Pinckney McCarver. 1860 DeKalb Co., TN, Sistler's printed index 81-121 lists: PARISH, James H. 44, Nancy 30, Luverna 4, James B. M. 10/12 1870 DeKalb Co., TN, pg. 164, 50/50, August 1870: PARISH, James H. 55, Nancy 40, Laverna 14, James B. M. 10; also CURTIS, Lee age 17, male/black/domestic servant. Next door was Cleveland Cantrell family [Martha Jane Cantrell md Caleb Anderson, Jr. - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, W. L. vs VANHOOSER, ISAAC Circuit 1881 POVERTY OATH: Owing to poverty, Isaac VanHooser unable to bear expense of appeal. 19 January 1881. PLAINTIFF'S WITNESSES: William Dudney, Ag Dudney, Robin Whitaker, Thomas Smith, David Jackson [No testimony filmed - mlj]. DEFENDANT'S WITNESSES: Sampson VanHooser, Clay VanHooser, Thomas Gentry [No testimony filmed]. BILL OF COMPLAINT: James T. Anderson and W. L. Anderson ask damages of $100 against Isaac VanHooser, for failing to keep confined on his own premises one large bay mare known to jump fences.. notoriously mischievous... damaging crop and fences. 25 Jan 1881. [No relationships - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, JOEL H. vs NATIONAL BANK OF GAINESBORO Chan 1901 RECEIPT: Belle Brooks received part of year's support from J H. Anderson, as Admr of W. H. Brooks. ACCOUNT: Medical services, William Brooks, wife & child, account with D. K. Fink. August 1892, 15 visits for fever - self [W. H. Brooks]. October 1892, son Walter [throat]. Apr 20, 1895, Speculum Vaginal operation + work & medicine $5.00. Apr 30, 1895, One visit medicine, attention & labor, $5.00. JUDGMENT: Case of J. S. Bing & partner L. Brewell [or Brewer] vs W. H. Brooks... L. Brewell [or Brewer] has died, leaving surviving partner J. S. Bing. 27 August 1902. REPORT OF CLERK: Joel H. Anderson, Admr of W. H. Brooks, deceased vs First National Bank of Gainesboro. W. H. Brooks died intestate 14 May 1900, kept an account at Bank, funds at death of $200. W. H. Brooks kept his personal account and account as Clerk of Court mingled... necessary to examine and see which is which. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs DIXON, M. J., Admr of LYNCH, G. W. Circuit 1904 Luke B. Anderson recovered judgment against M. J. Dixon as Principal and J. C. Ray, B. A. [or B. H.] Butler as Security. Judgment stayed by G. W. Linch [sic; Lynch] and W. W. Draper. G. W. Linch has died, H. J. Linch appointed Admr. 8 August 1904. SETTLEMENT: 21 August 1906, "all the heirs having been notified". [No indication as to who heirs were - mlj]. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs YORK, WILLIAM Criminal 1907 PETITION: Defendant moves for new trial... states there was no fraud. WITNESSES SWORN - On motion for new trial: G. B. Gailbreath states was working in drug store for Plaintiff Anderson last year. Made out account for York from Plaintiff's books. L. B. Anderson states he rented to defendant the farm known as the M. J. Dixon place for the years 1906, 7, 8 & 9. H. P. Spivey. I am a miller. Fred McCormack for defendant. Worked for B. C. Butler in summer 1907. Me and Lenard Jerman hauled corn and me and Johnie Stafford hauled one load. PETITION: Defendant cannot go to trial without testimony of Jeny [or Jerry] McComack who lives in Nashville on Garfield St #706... 22 July 1910. /s/ Wm York -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs CARMACK, LEE & others Chancery 1910-1911 INVOICE: Guardian ad litem fee due W. W. Draper $10 and R. G. Draper, Sol. for Cpts $70, making $80 in all. ANSWER: Lee Carmack, Pearl Carmack, Willie Carmack, William Carmack & Bessie Lawson by guardian W. W. Draper. Has no personal knowledge of facts in case, asks court to protect his ward's interest. BILL OF COMPLAINT: L. B. Anderson of Jackson Co., Tenn against Lee Carmack, Pearl Carmack and Willie Carmack of Jackson County; Bessie Lawson whose given name and residence is unknown; and William Carmack of the State of Kentucky. Alexander Carmack died intestate in Jackson Co. many years ago, owned land: Tract 1, 8th District of Jackson Co. and probably a portion in Clay Co., 335 acres more or less being land conveyed to Alexander Carmack by George Abney by deed dated 13 August 1870, recorded Book B, page 521-2. Tract 2, same district, 70 acres more or less conveyed by Nancy Richardson to Alexander Carmack, deed 13 Jany [or June; strikeover] 1885. Alexander left surviving him several children: Jack Carmack, William Carmack, Alvin (Babe) Carmack, Sis Carmack who intermarried with Andy Abney, John Carmack, Tobe Carmack, and Robert Carmack. Jack, William and Alvin (Babe) Carmack each owned 1/7 interest which they have sold to Complainant, therefore not parties to suit. Sis a daughter married Andrew Abney. She since died leaving children: W. T. Abney, G. D. Abney, J. E. Abney and a daughter Frances Abney who intermarried with John Lawson. She since died leaving a daughter Bessie Lawson, residence unknown, a minor without general guardian. The said W. T. Abney, G. D. Abney and J. E. Abney have sold their interest to complainant, hence not parties. Each owned one-fourth of one-seventh interest. Said Bessie Lawson still owns 1/4 of 1/7. John Carmack, another son of said deceased is dead. He left surviving two children, defendants Pearl Carmack and Lee Carmack, minors without general guardian. Defendant Lee Carmack is a resident of Kentucky. They jointly own the 1/7 interest of their father. Tobe Carmack, another son of said deceased is dead, leaving one child William Carmack, a minor without guardian who owns 1/7 share of his deceased father. Robert Carmack, another son, has since died leaving Willie Carmack, a minor without guardian who owns 1/7 share of his deceased father. Said Alexander Carmack left no personal estate that has not been wound up, no debts. Best to sell land for distribution. 10 May 1910. DEPOSITIONS: W. F. Swan, age 43, live 8th District, know parties to suit and lands. Was tax assessor four years. Land worth about $800. /s/ W. F. Swan G. W. Beachboard age 53, am farmer, live 8th Dist. Known lands involved about 30 years, have lived within two miles. Land poor, not suitable for farming, abandoned, grown up in bushes and briars. Has ridge & backbone land valued for timber. Worth $800. G. W. [his X] Beachboard W. K. Tinsley age 55, live upper end of Jackson Co., farmer. Am guardian to minor children. /s/ W. K. Tinsley AFFIDAVIT: My name was Bessie Lawson, am one of the defendants in this case. I was a minor at the time case was brought. I married Dan Phillips about seven years ago and live now in White Co., TN. I was 21 years old in March 1920. Dated 26 Oct 1920. /s/ Bessie Phillips. WITNESS: Sant Lawson states he, knows Bessie Lawson Phillips, that she signed above. 26 Oct 1920. Sant [his X] Lawson -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs SISCO, A. L. & wife Chancery 1914 ANSWER: W. W. Rogers & G. Lee McGlasson to amended bill of L. B. Anderson & F. M. Maberry filed 27 April 1914. Knows nothing. AMENDED BILL OF COMPLAINT: L. B. Anderson and F. M. Maberry of Jackson Co, TN against A. L. Sisco and wife M. E. Sisco of Kentucky, W. W. Rogers and G. Lee McGlosson of Jackson Co. On 2 August 1910 complainant F. M. Maberry sold defendant A. L. Sisco land for $800, took notes. 17 August 1910 A. L. Sisco and wife M. E. Sisco sold half of land to W. W. Rogert and G. Lee McGlosson, still money due on notes. Land in 13th Dist. -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs STALEY, A. A. Chancery 1915 BILL OF COMPLAINT: Complainant owns and operates a drug store in Jackson Co. Defendant A. A. Staley was a depository of school books on behalf of Ginn & Co. of Boston. In 1912 Complainant's store burned, books destroyed. Defendant insisted school books were owned by Complainant and not on consignment. Complainant's insurance company interpreted them as on consignment and would not pay. [As a matter of minor interest, to see what your grandparents/grgrandparents studied and the price]: Name of Book/Retail/Exchange: Hill's First Reader .18 .09 Hill's 2nd Reader .25 .12 Hill's 3rd Reader .30 .17 Hill's 4th Reader .35 .20 Hill's 5th Reader .40 .20 Frye's 1st Course in Geography, Tenn Edition .40 .20 Frye's Higher Geography, Tennessee Edition .88 .44 Sewell's Composition & Rhetoric .65 .32 Burkett, Stevens & Hill's Agriculture for Beginners .60 Wentworth's plane Geometry .71 -------------------------------------------------------------------------------- [NEW] ANDERSON, L. B. vs GENTRY, T. G. et al and T. G. GENTRY vs W. F. GENTRY Chancery 1902 ANSWER: William F. Gentry and wife Angeline Gentry of Jackson Co. to amended & supplemental Bill of Complaint filed 31 Dec 1895. Angelina Gentry is the wife of William F. Gentry. 1 Feb 1896. /s/ W. F. Gentry, Angelina [her X] Gentry ANSWER: Defendant Rhoda Gentry now Rhoda Burris makes further answer... denies she or T. G. Gentry were guilty of fraud... in papers called by Complainants a deed from them to J. P. and H. B. Gentry. Respondent and husband T. G. Gentry... respondent is entitled to possession of said land as homestead. She was the wife of T. G. Gentry and he is now dead. States she did not acknowledge deed privily [Was not taken aside, apart from her husband, asked if she signed the deed as her free will without coercion - mlj]. TO SHERIFF OF JACKSON CO, TN: Case is pending. T. G. Gentry is dead... heirs to wit, Martha [sic] his widow, H. B. Gentry, Barbary Lynn, Samantha Maberry & her husband William Maberry, Noah Gentry, W. F. Gentry, Bettie Maberry & husband C. R. Maberry, S. L. Gentry, S. A. Gentry. 3rd Monday of September 1900. ANSWER: Rhoda Gentry, widow of T. G. Gentry, deceased, to Bill of Complaint of L. S. Anderson & Clay Reeves against W. F. Gentry, T. G. Gentry, Jno P. Gentry & H. B. Gentry. Respondent states her husband T. G. Gentry may have signed notes to Anderson & Reeves as alleged... but only as security. Denies the action of herself & husband in conveying land to two of his sons was fraud. ANSWER: W. F. Gentry, H. B. Gentry and Jno P. Gentry. Admit T. G. Gentry & wife Rhoda Gentry executed a deed to land to Jno P. Gentry and H. B. Gentry on 28 September 1898. COPY OF DEED: T. G. Gentry & wife Roda Gentry to John P. Gentry and H. B. Gentry, land in 9th District of Jackson County, Tennessee, bounded south by Simon Gentry, west by H. B. Loftis, north by Wm Smith and Robert Allen... by Blackburn's fork... 125 acres more or less. Old homestead where we now live and have and hold. Said J. P. Gentry and H. B. Gentry is to live with us and take care of us during our lifetime and give us one third of all proceeds raised and pay taxes. The said J. P. Gentry and H. B. Gentry is to pay to my children to wit; Henderson Gentry, N. G. Gentry, William Gentry, S. L. Gentry, L. A. Gentry, Barbery Lynn, Samanthy Maberry & Betsey Maberry $50 each by paying them $10 each every year. First payment to be made 1st Jany 1900. T. G. Gentry is also security to Clay Reeves for $300 and L. S. Anderson for $140 and W. H. Brooks about $25 and said J. P. Gentry and H. B. Gentry to become responsible and pay them. 28 Sept 1898. T. G. [his X] Gentry, Roda [her X] Gentry -------------------------------------------------------------------------------- [NEW] ANDERSON, L. S. vs JOHNSON, D. B. & others Chancery 1908 AMENDED BILL: L. S. Anderson filed his original bill 2 Oct 1905 against D. B. Johnson & Jas M. Loftis [fence line dispute, land situated both north and south of Gainesboro & Celina Road]. Since the death of J. B. Anderson about 1891 or 1892 his brother Landon Anderson who was then in possession built a fence up the hill to the Moss line. ANSWER: J. M. Loftis to Bill of L. S. Anderson. Respondent denies Complainant is holding [title to land] by devise from his father J. B. Anderson. BILL OF COMPLAINT: L. S. Anderson against D. B. Johnson & J. M. Loftis, all of Jackson Co. Orator's father J. B. Anderson... tract known as Buchanan, and also the Ogilsvie & the J. B. Anderson land in 8th District, bounded north by the Cumberland River, east by lands of Scant Hall, south by Lafayette Moss, west by Loftis lands now owned by defendant D. B. Johnson. Since the death of said J. B. Anderson in 1891 or 1892 his brother L. B. Anderson ["the brother of Complainant" is marked through] was occupying said lands... 27 Sept 1905. /s/ L. S. Anderson -------------------------------------------------------------------------------- [NEW] ANDERSON, LUKE B., Gdn of ANDERSON, JNO B. & DOROTHY Ch 1912 NOTICES: To J. Bailus Anderson & Dorothy Anderson, heirs of Mary D. Anderson. On 10 May 1910 will make settlement with Luke B. Anderson as Guardian. ORIGINAL INVENTORY: Personal Property recorded G. S. Book "C" page 103 & 105, Adm Book D, p. 369. 11 May 1910. ASSETS: Included life insurance policy for $1000, Mutual Life Assurance of N.Y., life of L. S. Anderson, payable to Mary D. Anderson... litigation Chancery Court of Sumner Co., TN between Sophia Anderson widow of L. S. Anderson and T. W. Lowe, Executor of said L. S. Anderson and L. B. Anderson, Admr of Mary D. Anderson and as guardian of John B. & Dorothy Anderson. Also litigation in Putnam Co. Chancery Court, case of T. W. Lowe as Executor against Sophia Anderson & others. SETTLEMENT: 31 October 1911, with L. B. Anderson, guardian of John B. Anderson and Dorothy Anderson, minor heirs of L. S. Anderson, deceased. Settlement indicated L. S. Anderson owned land in Sumner Co., TN. In 1914, it rented for $600; each ward received $300 plus interest. LETTER: [On stationery of Murray Dibrell Shoe Co., Nashville - mlj] "April 18, 13 [Probably 1913]: Mr. L. B. Anderson, Gainesboro Dear Luke, Dorothy and Kate Whitaker left for Texas at 2:15 today both seemed in high spirits. Dorothy's expense for trip were ticket from Cookeville $2.70 to Gainesville $21.05. Cash to pay expenses on trip $10.00. [Total] $33.75. I paid hotel bill here also for transferring trunk &c. You can mail check to Cookeville. Yours Res, Geo H. Lowe [NOTE: Many cancelled checks, annual settlements over the years on file - mlj]. END OF REEL #45. Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ *** 46 ================================================================================ -------------------------------------------------------------------------------- [NEW] ANDERSON, M. F. et al vs YOUNG, W. H. Chancery 1910 DEPOSITIONS Filed 11 January 1911: W. F. Anderson for Complainants. Surveyed lines for Dr. Z. M. Young... west of Henry Allen house... corner of Woodfolk land. Was shown a tree by E. W. Stafford on the point between Mary Price Hollow and the Angling hollow... Beech pointed out by Nathan M. Stafford. Deeds filed as exhibits are: 1. Dr. Young to me and Spiva 2. W. H. Quarles to Z. M. Young 3. Coleman White to James Eaton 4. B. C. White to Coleman White. W. T. Acree showed a corner to Ben Meadows, the same Ben Meadows who is a party to this suit. Tracts 16 and 17 of Woodfolk land is on top of the ridge east of Brooks ferry. s/s W. F. Anderson E. W. Stafford age 56, live 15th District, Jackson Co. Knew John P. Murray in his lifetime, lived on his farm and worked for him in 1876 & 7. Lived on his place known as the Angling hollow. Me and old Uncle Charley Stafford cut wood for Col. Murray and I went with my uncle to see Murray... house in Angling hollow just below and east of the hollow where Henry Allen now lives, formerly occupied by Moore VanHooser. Angling hollow forks, and the two prongs come together above or west of the house. Charley Stafford is dead. When I worked for Col. Murray, Zack VanHooser lived on the land north of Angling hollow. I think Col. Murray owned the Mary Price hollow then... it was mostly timberland. /s/ E. W. Stafford Dina Patterson age 50, live on Buck branch near the free State. Character of T. G. Smith, Ben F. Meadows, Dave Jackson and Calvin Murphy - all good, can be believed in a court of law. M. A. [his X mark] Patterson John H. Stafford, Jr. [No age]. Testifies for complainant. J. S. Young, a while before the old man W. H. Young died, asked me if I remembered a beech tree that stood at the end of the fence. M. F. Anderson never tended the ferry after the new road was built on the north side of the ferry over the Minor land. Me and Bob Raines did. I live at the mouth of Angling hollow on George Haile's land. I expect I am close to [age] 40, married 14 or 15 years, maybe longer. Frank Anderson helped me tend ferry some on public days - don't think he ever done ferrying himself. /s/ John H. Stafford J. O. Tate [No age]. Character of Dr. Z. M. Young, T. G. Smith, Ben F. Meadows, Dave Jackson and Calvin Murphy is good. Heard Calvin Murphy's negro girl had a child by him. /s/ J. O. Tate Dave Jackson [No age]. Character of Dr. Z. M. Young, John L. Young, T. G. Smith, Ben F. Meadows and Calvin Murphy is good. Question: Isn't it a part of Calvin Murphy's character that he got his negro girl a child? Answer: I heard talk about it. I don't know nothing about it. Question: Didn't his own children talk it? Answer: One of them did. Character of Dina Patterson, J. O. Tate, M. F. Anderson, and John Hughes is all good. /s/ David Jackson Elisha Stafford, for complainant. Helped build a picket fence for Col. Murray... just across the road from W. H. Young's residence, Feby or Mar 1877. Uncle Charley Stafford and his son George and myself worked on it. It ran up the hollow passing the house where Charley Stafford and me lived. Andy German lived with Col. Murray, hauled wood, helped look after stock. I am the same E. W. Stafford who gave deposition 3 or 4 days ago. /s/ E. W. Stafford George Stafford, going on 49 years. My father was Charley Stafford. Me and my father lived on Col. Murray's land in 1866 & 7. Harve Raines asked if I helped build the picket fence... same Harve Raines as gave testimony. /s/ G. W. Stafford W. T. Acre [Acree] [Nothing new]. /s/ W. T. Acree Harve Range [Raines]. Have worked for M. F. Anderson. Question: State whether you remember Z. M. Young & Mrs. Bailey Butler crossing the river at Anderson's ferry... Answer: Don't remember when... I was working at the wire [sic; ware] house cleaning it out. Frank Anderson, Dr. Young, Dora Butler, John Husler Stafford was with them. John Husler Stafford was tending the ferry at this time. Harvy [his X] Raines DEPOSITIONS filed September 20, 1910: W. T. Acree, about 50. Live 1st District, am a practical surveyor. Ran lines for W. H. Young about 24 August 1910 using Grant dated May 18, 1789 from State of North Carolina to James G. Brehon, No. 935. Grant No. 2007 [or ?2067] for 160 acres dated 13 August 1825 to Settle Whitley & Smith runs in the direction of tan yard branch with the Cox line towards the Brehan land. Grant 732 from State of Tenn, recorded Land Book J, page 478 to W. Scantland at the beginning corner of Brehan grant - Brehan or Woodfolk lands... David Cox grant... Doe creek. /s/ W. T. Acree PLEADINGS: Deed September 9, 1903 from Z. M. Young to W. C. Spivey did not convey warehouse privileges. The old Woodfolk line is the old Brehon line... 2560 acres, described as being in Davidson County on south side of Cumberland River about 8 or 9 miles above Big Salt Lick on said river [rest of description using marked trees]... none of the trees called for in this grant remain... David Cox grant, made in 1812. Lud Brooks saw a line surveyed by William Gore and T. H. Butler in 1888. DEPOSITIONS - no dates: Andy German age 63. Live Gainesboro. Knew Col. John P. Murray since the war. He lived here in Gainesboro. I lived with him since the war up to his death, in the Angling hollow. Went to live on his land after Sam Cunningham married his daughter. I don't remember when I married. It was after Mr. Cunningham married, and after Col. Murray's [first] wife died. License record shows S. H. Cunningham married 28 December 1876 and that I was married 29 January 1878. I came to Mr. Murray's about 1870. Mrs. Murray had two children after I came, Nettie and John. Nettie married A. W. Crabtree. Question: Did you come to Murray's after he was shot at Livingston? Answer: Afterwards, but I don't remember what time after. Col. Murray was a lawyer & coming to Livingston and wanted me to come and I was wanting a job. He was my lawyer. I was indicted and accused of talking a shawl from a Bilberry. They said I took it from Keerling's mill. Col. Murray's wife died when John P. was a baby - was a good while before I married. Murray owned M. G. Butler's land where Luke Anderson lives... land Perry Hoover used to own... bottom now owned by G. G. Haile... land of the Henderson Young heirs. Question: Didn't Col. Murray die just before Christmas in 1875 - 16 years ago next December? Answer: Somewhere along there. (M. G. Butler, Solicitor for Defendant, agrees Jno P. Murray died December 21, 1875). Question: Do you remember when his horse fell with him and broke his leg? Answer: His wife went down to the river in the buggy when they were bringing him home and she sat in the buggy with him and held his leg. Col. Murray went with me to the marked beech on the river before he got crippled, and in his first wife's lifetime. I married Nancy Suttan. She had been married before. Her former husband was Gaines Harris. She had one child when we married. Question: It was illegitimate, was it not? Answer: Her first husband had left her when the child was born. He was not the father of the child. She told me that. I was not guilty of taking a shawl from Kearling's mill. After Col. Murray died, I worked for his son G. B. Murray and family until they moved to Chattanooga. I have been there a good deal and waiting on him and his family. Question: When did you move back? Answer: I left there some three or four weeks. Andy [his X] German John L. Young. I was Administrator of the estate of W. H. Young, deceased and was one of his heirs. Pearce Buckhanan showed me where the line reached the river. Buchanan lived on the lower ferry tract ten or so years ago. Pierce Buckhanan was living not long ago. He was up here in July I think. I told my attorney Mr. Butler to subpoena him. ... Uncle Zeb Young [Dr. Z. M. Young] /s/ Jno L. Young A. C. Stafford. Have previously given a deposition. /s/ A. C. Stafford Ben F. Meadows. Have previously given a deposition [testimony here regarding old rock fence and picket, or board, fence - mlj]. /s/ B. F. Meadows Henry Allen, age 41, live near Gainesboro, am a farmer. The road was a bridle way, there was no fence. I moved away to the lower end of the Free State when they started the new road and there was a wire fence. J. H. [his X] Allen DEPOSITION, 12 May 1910 at office of Cleander Cleon Mooney, 422-3 Cole Building, Nashville. W. W. Woodfolk. I am the son of Wade Woodfolk. Think he died in 1881. After James G. Brehon owned 2560 acre grant in Jackson Co., my father did. Saw it surveyed before the war, 1857 I think. My father, Bill Dickson, Alex Flatt and others, don't remember who, were along. Began at the bank of the Cumberland River. My father was surveyor of Jackson County at one time. My father owned the Free State, or Woodfolk land. G. M. Putty and Mary Cornwell lands bounded the Free State. /s/ W. W. Woodfolk [NOTE: Below was dated 1st Monday in December 1874 - but was typed. Appears to have been retyped transcript from Tennessee Supreme Court record - mlj]. MEMICAN H. HOWARD vs WILLIAM WOODFOLK. Chancery decree is affirmed. M. H. Howard to recover of William Woodfolk $11,208.10 and interest from 6 June 1871 of $2503.14. Deed conveying Woodfolk land 31 January 1867 to J. T. Quarles was made to defraud creditors... is set aside. 2560 acres near Gainesboro on the north side of the Cumberland River granted by State of North Carolina to Jas G. Brehon, Grant No. 935 Other tracts mentioned as property affected by this ruling and date of deed: John Burris, Sr., tract of 25 acres, 1831. Poleman Pate, 184?. Deed from David K. & Martha H. Wetcha [sic; possibly Witcher] his wife, 15 Nov 1838. Land on Salt Lick Creek to Woodfolk by Jesse B. Kearly, 1838. Edmond S. Kirby to Woodfolk, 1841. Pleasant D. Kirby to Woodfolk, 1838. Woodfolk to John Hughes, No. 18676... home tract in the vicinity of Nashville, about 5 3/4 acres & 11 poles; also 2 acres and 4 3/4 poles adjoining. JUDGMENT: W. W. Woodfolk in favor of his said son William Woodfolk, Maury County, Tenn, for the balance of the Arkansas judgment at Gainesboro Chancery. DEPOSITION: G. B. Murray, occupation lawyer. Reside Chattanooga, Hamilton Co., Tenn, am a son of John P. Murray. John P. Murray owned the Woodfolk land. 11 March 1911. /s/ G. B. Murray BILL OF COMPLAINT: M. F. Anderson of Jackson Co. and J. T. Anderson of White Co. against W. H. Young of Jackson Co. Defendant erected warehouse on Complainant's land for the purpose of receiving and shipping ferry freight... banks of the Cumberland River. DEPOSITIONS 31 October 1910 of W. T. Acree, W. C. Spivey [Nothing new]. J. W. Cason age 62, live 1st District, Jackson Co. Rented Dr. Young's ferry and warehouse in 1892 and 1901 from Dr. Young. /s/ J. W. Cason DEPOSITION 4 November 1911. W. F. Sadler. Am a practical surveyor. /s/ W. F. Sadler DEPOSITIONS 19 May 1910: W. C. Spiva age 43, lived 13th District, Jackson Co., for Complainants. Lived at the warehouse where Frank Anderson now lives, operated the lower ferry and rented the upper one out. I moved there about 1 Jany 1901, stayed a little over three years. Lived on W. H. Young's tract, bought from him. Job Morgan lived above the mouth of Roaring River. Frank Anderson and I bought it together, paid $5000 to include the ware house and ferry privileges and easements of Z. M. Young. I am not related by marriage to W. H. Young. /s/ W. C. Spivey W. S. Jackson, age 41. Live 12th District, am County Surveyor. /s/ W. S. Jackson J. W. Stafford, for Complainant. Cut & hauled logs from John P. Murray's land in his lifetime, about 30 years ago. Think John Meadows was in possession of ferry then, and was ferry man. /s/ J. W. Stafford John Hustler Stafford. I have known M. F. Anderson & Dr. Z. M. Young since I was a small boy. I was running the ferry for Frank Anderson in the fall about three years ago. John H. [his X] Stafford M. A. C. Williams, age 71. I was wife of James Eaton, now deceased. Coleman White deeded the lower ferry tract to my husband, November or December before 1855. We lived there 1855 & 56. Knew Mary "Polly" Cornwell and Coleman White. Both are dead. Mary Cornwell was my great aunt. I think we lived on Cornwell land in 1865-66, year the Civil War closed. I am a grand daughter of Wm Lock, deceased. He died before I was born. My grandfather owned land on South side of Cumberland River. At his death it went to my grand mother and she willed it to my father during his lifetime and at his death it went to his children. It finally went into the hands of W. H. Botts and John P. Murray the same way. It is between Gainesboro and the Cumberland River, and is on both sides of Doe creek. Also he owned another tract just south of Gainesboro known as the ?Rawley hollow. /s/ M. A. C. Williamson DEPOSITIONS 9 January 1911: Nathan Stafford for Complainants. I am a son of Jonas G. Stafford. He is dead. My father showed me the lines when he ran a ferry. He lived on the other side of the river, opposite the lower ferry tract where Campbell Morgan had leased from Howard Herrod. He told me he moved there in 1856. I was 15 or 16 when he showed me the lines, maybe older. Has been 15 or 16 years ago, maybe longer. I think I am age 36. Now live at the mouth of Roaring River on Daniel Johnson's land. Question: Is it not a fact that you and the Defendant Young are bitter enemies... don't speak to each other? Answer: Yes sir he got mad at me and I don't know what it is for. /s/ N. M. Stafford T. G. Meadows age 56, live 1st District. I am John W. Meadows' son. He is dead. I lived with him on the lower ferry tract, moved there in 1861, lived there almost eleven years then moved up to the Polly Cornwell tract one year, then back to the lower ferry tract, making eleven years in all. /s/ T. G. Meadows DEPOSITIONS [About August 21-22, 1910], taken C & M office, Gainesboro: N. M. Stafford age 34, live Gainesboro. Operated ferry for W. H. Young. When the river was up my brothers helped and the Raines boys helped some. Lived about one-half mile this side of the ferry. I had a contract with him that I was to get one-third of what I made. /s/ N. M. Stafford John Jackson age 53, lived 1st District nearly all my life, in the neighborhood of the lower Gainesboro ferry. Knew Alex Hawkins and John Whittaker. They are both dead. They pointed out the line known as Woodfolk land, now known as the Free State. Has been 18-20 years ago. It was before I was married. I have been married about 22 years. I married in the Free State. I remember when Bill Quarles lived there. I am the same John Jackson who gave a deposition in the case of A. C. Stafford, et al against G. W. Chapman et al, about 17 September 1907. Don't recall saying I went up river [to live] with Asa Anderson. I went up there but not permanent. In 1909 I lived at Boon Hestan's. In 1906, 7 & 8 I lived on D. B. Johnson's land. John [his X] Jackson DEPOSITIONS - Adjourned/resumed Thursday, 23 August 1910]: A. B. Hestand, age 41. Live this District [1st]. I am a farmer, known Z. M. and W. H. Young nearly all my life. I was running Z. M. Young's ferry. W. H. Young established a ferry 14 years ago this Summer. Rates for a man & horse were 10 Cents, for a one-horse buggy 25 Cents, two-horse 50 Cents, Two-horse wagon empty 25 Cents, loaded 50 Cents. /s/ A. B. Hestand John Hamlet, age 57. Live 1st District. Wm Stephens bought part of the Woodfolk land. The corner of the Stephens tract is next to the Putty field. /s/ J. J. Hamlet Lud Brooks age 55. Live near Brooks Ferry, about three-fourths mile from Gainesboro. Lived about one-half mile from Brooks ferry for about 36 years. Owned land granted in the name of Bill Scantland. The Brehan grant bounds it on the north side. John Meadows, now deceased, showed me the Brehan corner when he lived there. There's no corner now. The bank slid in 30 - 40 feet... Ben Meadows house... Morrison Smith's house. William Gore ran a survey line about 1888, and me and Wm Stephens carried the chain. /s/ Lud Brooks W. H. Young [No age]. Sidden & Lewis, was Jas A. Sidden, don't recall Lewis' given name, levied on the Woodfolk land. John P. Murray was the attorney. I was a witness in the case of M. F. Anderson & J. T. Anderson vs Joseph Hix. Filmore Loftis lived at the upper ferry part of the time... don't know how many years. Tom Warren lived there one year and Marlin Young one year. Loftis ferried across Roaring River and part across Cumberland River. I am Dr. Z. M. Young's brother. /s/ W. H. Young Calvin Murphy. Will be age 51 on 19 August 1910. Live this district, am a farmer. Helped John & Frank VanHooser tend the ferry in 1872, 3 or 4, am not positive. Helped them two years. I think they owned it. I was a boy then. /s/ Calvin Murphy David Johnson age 64, live 1st District, am a farmer. Known the ferry tract since 1872. About 1874 I built a rock fence for John and Frank VanHooser who owned the ferry tract. /s/ David Johnson T. G. Smith, age 68, live 1st District, am a farmer. Testifies for Defendant. I moved on part of Woodfolk lands in 1872 or 1873, owned 34 years the 10th of this month. Bought it at one of the Woodfolk land sales. It was known as the Free State, and divided into 17 tracts and I bought Tract No. 12. Tract 17 is in the upper or east end of the free State. Believe Jno P. or G. B. Murray objected to the sale and it was not sold. It lies between the Patterson tract and the lower ferry tract. W. H. Quarles owned the ferry tract after the VanHoosers. There was a buckeye standing in Burr Smith's feel [sic; field] west of the house where Marson [Morrison] Smith now lives. /s/ T. G. Smith PLAT MAP: Shows Woodfolk land, Scantland grant, Settle Whitley & Smith grant and Cox grant. Dimensions in poles, does not show Woodfolk land as it was divided/sold. A. C. Stafford age 64, live 6th District, occupation farmer. Assisted J. W. Stafford hauling logs off John P. Murray land 1871-72. Frank or Bailey VanHooser, don't recall which, came and said thought we were cutting on their land. We moved further back to the west. A. C. [his X] Stafford M. F. Anderson. W. C. Spivey first bought from Z. M. Young and I afterward bought one-half interest from Spivey. Dr. Young said he bought land from Lewis K. Smith for $25.00. /s/ M. F. Anderson PETITION: Petitioners, who are the children and heirs at law of W. H. Young, deceased [not named] allege the Settle Whitley & Smith grant of 160 acres dated 1825 extends into part of the Brehon land and may overlap Scantland grant and the David Cox grant dated 1812. 4 November 1911. /s/ M. G. Butler & Son, Sol. DEPOSITION May 30, 1910, at American Nat'l Bank Building in Sparta: J T. Anderson for Complainants. Am age 61, reside Sparta, am a complainant. Am in the banking business. Lived here nearly five years, moved from Jackson County in August 1905 where I had lived all my life. My co-complainant [M. F. Anderson] is my first cousin and W. C. Spivey married my niece. Brehan 2560 acres has been known as Woodfolk land nearly 40 years. /s/ J. T. Anderson DEPOSITIONS [No Date; about mid-May 1910]: B. L. Quarles for Complainant. W. H. Quarles is my half brother [identifies his handwriting in letter dated 1 May 1910, Lafayette, Tennessee; "...do not know where the Woodfork line is" /s/ W. H. Quarles - mlj]. /s/ B. L. Quarles Ben Meadows age 47, live Brooks ferry, am a son of John W. Meadows, dcd who formerly lived at the mouth of Doe creek on the lower ferry tract. Allen W. DeWitt owned it then. Newt Moore owned it when my father first moved there, then DeWitt and then R. A. Cox. I understand Dr. Frank Murray had something to do with it before DeWitt got it, think 1869-70 & 71. I am a son in law of W. H. Young. R. P. Brooks, A. W. DeWitt, R. A. Cox and T. J. Murray and my father are all dead [rest missing - mlj]. DEPOSITIONS 2 Sept 1910, LaFayette, Tenn: W. H. Quarles. Bought the land from Frank VanHooser 1875, sold to Dr. Z. M. Young think in 1880. /s/ W. H. Quarles Z. M. Young age 71. Live LaFayette, Macon Co., TN, physician. I am a brother of W. H. Young and uncle of Complainant M. F. Anderson, but no kin to Complainant J. T. Anderson. /s/ Z. M. Young -------------------------------------------------------------------------------- [NEW] ANDERSON, M. F. & OTHERS vs HIX, JOSEPH Chancery 1912 [NOTE: Bills and cross-bills filed; Plaintiff is Defendant, then reverses - mlj]. PLAINTIFF Joseph Hix sues to recover following tract: 1st District, Jackson County, north side of Cumberland River known as the two lower shares of J. W. Lock lands, conveyed to Plaintiff by M. L. McDearman on 4 August 1908. PLAINTIFFS M. F. Anderson of Jackson Co. & J. T. Anderson of White County against Joseph Hix. 9 September 1903 Z. M. Young conveyed to W. C. Spivey & M. F. Anderson land in 1st District of Jackson Co., deed registered 9 Sept 1903. Joseph Hix entered & took possession under deed dated 11 November 1905 from S. H. Minor and wife Georgia known as the two lower Lock shares. Complainants have been in open adverse possession for more than seven years [cite other cases involving Statutes of Limitations]. /s/ D. B. Johnson, J. H. Anderson, Sol. for Cpt -------------------------------------------------------------------------------- [NEW] ANDERSON, P. J. vs GAINES, J. F. and Chancery 1911 ANDERSON, P. J. vs J. F. GAINES and GAINES, J. F. vs ANDERSON, P. J. Synopsis: Bills and Cross-Bills as to who was lawful County Superintendent of Public Schools in July 1911 following an election. No relationships given. -------------------------------------------------------------------------------- [NEW] ANDERSON, P. J., Admr vs FERRELL, J. C. et al Chancery 1915 DEPOSITIONS: W. N. Chaffin age 59, live Martin's Creek. Live adjacent Mary Ferrell, dec'd place, been there about 30 years. One of her sons said he'd give her $250 cash if she gave full possession. That was Fate [Ferrell]. Cefe [Ferrell] had Haskell Womack to write a contract for Fate to have the place at $250 and Fate refused to take it. Fate Fuquay owned the land after Mary Ferrell died, improved it, was a progressive farmer. /s/ W. N. Chaffin J. P. Chaffin, live on waters of Martin's Creek. Was 40 the 6th last July, principally farm. Moved there 1st of Jany last 27 years ago adjacent the original tract. Rent on Mary Ferrell dower tract worth $250 - $300 year. 1908 & 1909 Cefe Ferrell lived on the place and cultivated it. 1910 a colored man by the name of John Sadler cultivated the place. In 1911 Ben Huddleston [cultivated it]. Cefe Ferrell was an heir. /s/ J. P. Chaffin I. B. McDonald age 43, live lower end of Putnam County, Tennessee, deal in livestock. /s/ I. B. McDonald W. M. Fuqua age 40 the 24th of last March, am a farmer, live 7th District. Was born and raised within 2 - 3 miles of Mary Ferrell tract. Lived about one-half mile for 15 years. Question: Did Mary Ferrell have a son George Ferrell living with her that was an idiot? Answer: Yes sir. Don't know if he was there the last year or not. Mrs. Ferrell was an old woman... mind gone weak. I wouldn't have cared for them for rent of the place, especially George. /s/ W. M. Fuqua DEMURRER: J. C. Ferrell states Mary Ferrell resided with her guardian J. C. Ferrell in Putnam Co. at her death. A few days before her death she visited her son Frank Ferrell in Putnam Co. and died there. Had not resided in Jackson Co. since 20 March 1911. Dated 20 April 1915. ANSWER: S. M. Ferrell, am a son of Mary Ferrell and brother of J. C. Ferrell. BILL OF COMPLAINT: P. J. Anderson, Admr of estate of Mary Ferrell against J. C. Ferrell of Putnam Co., J. T. Vitetoe & D. B. Johnson of Jackson Co., S. M. Ferrell of Macon Co., Tennessee. Mary Ferrell died about October 1911 intestate, owned land in 5th District bounded north by heirs of W. D. Ferrell, east by Will Vitetoe and south by John Hargis, west by Jeff Lee and others. 3 March 1908 J. C. Ferrell filed to have Mary Ferrel declared unsound mind. Decreed 18 March 1908. J. C. Ferrell was appointed guardian, posted bond with Vitetoe and Johnson as securities. DEPOSITION: S. M. Ferrell age 55, live Macon Co., TN, occupation farmer. Am a brother to J. C. Ferrell and son of Mary Ferrell. Estate owed me $37.15 for furniture sold for back taxes. I bought it at the sale and left at her home. Been about four years. My brother Cefe was appointed guardian of Mary Ferrell. They wanted Fate to pay rent of $250 per year and take care of Mary Ferrell and George Ferrell and he didn't want to do it. Mary received a check for $85.90 from her sister's estate. She deposited it in First National Bank at Cookeville and had me send a check for $10 to brother Fate in Oklahoma. She loaned her brother Frank $50 in August or September 1911. She stayed with me from 18 March to the 1st of August 1910. I went to see her and she was sick. I stayed with her a week then got my horse and buggy and came and got her. /s/ S. M. Ferrell Bob Keith. Was 25 years old Sept 25th. Live Shaw Branch of Martin's Creek in Putnam Co. Lived in the house with Mary Ferrell when J. C. Ferrell was her guardian in 1911. Sid Ferrell... taking care of his mother. /s/ Bob Keith Herbert Keith. Will be age 28 the 19th of next June. Lived on Mary Ferrell's homestead and dower in 1910. Question: Did your mother go there to stay with her? Answer: Yes, but she did not stay... couldn't get along. Fate Ferrell fell out with his mother... claimed she whipped one of his children with a stick.... my brother Bob Keith. /s/ J. H. Keith Ben Huddleston [No age]. Mrs. Ferrell was a troublesome woman. I lived there in 1911. She was at Bloomington when she died I suppose. /s/ Ben Huddleston J. C. Ferrell, will be 42 the 7th March last, live Bloomington, Tennessee. Mary Ferrell died October 26 or 27, 1911. She was at Frank's, my brother's, when she died. Had been there 4 - 5 days. Frank and I lived in Putnam County. Brother Sid lives about 38 miles from where I live and about 21 miles from Gainesboro. Florence Keith was cooking for my mother. George lived there up to 19 March 1911. Mother didn't want him taken to the Asylum. She thought more of him than she did all of us. Brother Fate wouldn't take the place if mother stayed there. /s/ J. C. Ferrell -------------------------------------------------------------------------------- [NEW] ANDERSON, R. D. vs CARTER, LIZZIE 1915 AGREEMENT R. D. Anderson to rent his farm and mill in 11th District bounded by W. L. Anderson, Flynn's Creek, Harriett Darwin & P. Chilcutt for five years, $800 per year to Lizzie Carter. J. U. Carter, Lee Carter and William Russell Spurlock were securities. R. D. Anderson to have buggy house for a store room and one room upstairs in the dwelling. Carters to make minor repairs. Anderson to replace saw/saw blades, furnish belts if needed to be replaced. If Anderson decides to move back home, at the end of any year said Carter is to let said Anderson have the dwelling house, the upper barn next to the Creek and the bottom land between the house and the mill and the garden for $75 a year. Agreement dated 22 October 1913. /s/ Lizzie Carter, J. U. Carter, W. R. Spurlock, Lee Carter, R. D. Anderson DEPOSITION: Lizzie Carter age 43, live Flynn's Creek. R. D. Anderson owes $50 for boarding his boys and hands when they were baling hay, and for repairs to the saw mill. 19 March 1915. /s/ Lizzie Anderson DEPOSITIONS 26 March 1915, C & M Office, Cookeville, Tennessee. R. D. Anderson age 57, live Cookeville. Jimmie U. Carter was at the mill and I spoke to him about renting the place. Lizzie Carter is first on the lease. Jimmie is insolvent. Jimmie ran it. /s/ R. D. Anderson John R. Anderson age 25, live Cookeville, am a son of R. D. Anderson. Roe Carter is a son of the defendants, was there most of the time. Was batching there together so Carter could feed the stock of a morning, and I was cleaning up the place. -------------------------------------------------------------------------------- [NEW] ANDERSON, U. T., Admr vs ANDERSON, WALTER et al Chan 1903-06 DEPOSITION: U. T. Anderson, age 39. Am administrator of James H. Anderson, deceased, have inventoried personal property, equals about $280. I am a son of the deceased. He owned about 175 acres at death. Homestead and dower was assigned 12 Sept 1902 to the widow Mary Anderson, included mansion house and outbuildings, about $1000 value. Bounded by J. H. L. Brown... mouth of Bill Kirby branch. There are seven heirs, land cannot be advantageously partitioned, will be necessary to sell land to pay debts. 16 March 1903. /s/ U. T. Anderson NOTE & MORTGAGE: James H. Anderson & wife Mary Ann Anderson to R. V. Brooks for $550, land in 11th District, Dry Fork of Flynn's Creek... just below the grave yard. 29 Jany 1898. /s/ J. H. Anderson; Mary Ann [her X] Anderson BILL OF COMPLAINT: U. T. Anderson as Administrator of James H. Anderson and in his own right, Robert Anderson, Maggie Brown and husband Sam Brown, and Mary Anderson, R. V. Brooks, F. A. Kelly, B. J. Franklin all of Jackson Co.; J. C. Anderson of Clay Co, Tenn.; Sidney Anderson of Birmingham, Alabama, and O. H. Anderson of Putnam Co., Tennessee against Walter Anderson, a minor and R. L. High his general guardian and Valley High, all of Jackson Co. James H. Anderson died 15 May 1902 in Jackson Co., intestate, leaving Complainants U. T. Anderson, J. C. Anderson, Robert Anderson, Sidney Anderson, Maggie Brown and Valley High and defendant Walter Anderson his only heirs. Brooks, Kelly and Franklin are creditors. Mary Anderson is the widow. /s/ U. T. Anderson, 19 December 1902. ANSWER: Walter Anderson, minor about age 16. /s/ J. H. Anderson, Solicitor for Respt. /s/ R. L. High, Guardian. 24 Dec 1902 CAUSE HEARD: Bill to sell land... R. L. High and wife Valley High... necessary to sell land. -------------------------------------------------------------------------------- [NEW] ANDERSON, W. L. vs CARTER, J. U. Chancery 1901 BILL OF COMPLAINT: W. L. Anderson of Jackson Co. against J. U. Carter of Jackson Co. Complainant 4 March 1899 sold and conveyed by deed land 11th Dist. bounded north by G. W. Brown, east by land of Tennessee Carter, south by other land of defendant and west by lands of complainant, held notes. Balance remains unpaid. -------------------------------------------------------------------------------- [NEW] APPLE, GEORGE et al vs HOLFORD, WILLIS Chancery 1846 NOTICE: Willis Holford, Sen. to appear 8 Feby 1848 and make settlement as guardian of Mary Jane Holford & Sarah A. Holford. PROSECUTION BOND: George Apple and Sampson Cassetty, security, to Willis Holford. ANSWER: Willis Holeford to Bill of Complaint. Was appointed guardian of Mary Jane and Sarah Ann Holeford, infant heirs of Johnathan Holeford, deceased, at Feby term of Jackson Co. Court. Johnathan Holeford died seized and possessed of land in Jackson County, Tennessee. One-third has been assigned to widow as her dower. Respondent obtained order at said Feby term to sell... respondent has been informed that his brother the said Johnathan laid claim to another tract... about 40 acres. 2 November 1846. /s/ Wm Cullom, Defts Sol., /s/ Willis Holeford ANSWER: Needham Apple and wife Elizabeth Apple to Bill of Complaint of Willis Holeford, guardian of Sarah Ann and Mary Jane, minor heirs of Johnathan Holford. Complainant correctly stated time of death of Johnathan Holeford and that Respondent Elizabeth was his widow. That Respondents since his death [crease, can't read line]... his co-defendant George Apple as Administrator of said Johnathan Holeford deceased... paid to Respondent Elizabeth more than her distributional share. Dated 10 February 1848. Needham [his X] Apple, /s/ Elizabet Apple BILL OF COMPLAINT: Mary Jane Holford & Sarah A. Holford by next friend George Apple, against Willis Holford, guardian of said infants. Their father died, leaving them his only heirs at law... 140 acres in Jackson Co. on Indian Creek... died seized of other land which can be sold to pay debts, can see no reason why 140 acres on Indian Creek cannot be divided. 30 July 1846. /s/ George Apple -------------------------------------------------------------------------------- [NEW] APPLE, JOHN, Admr vs LEE, H. T. and TERRY, ROWLAND Chan 1895 INVENTORY OF ASSETS: John Apple, Administrator of E. D. Holleman, makes inventory 30 August 1892. Settlement 30 October 1894... all the heirs notified [not named here]... Jno Apple, Admr of Elizabeth Holliman ANSWER: Rowland Terry & H. T. Lee to Bill of Complaint. True they purchased land and took a deed... purchase money was paid. AMENDED ANSWER: Rowland Terry & H. T. Lee... deny they promised to pay a debt... deny Complainant is an heir of deceased... deny he is Administrator. DEMURRER: Debt created 12 August 1885, bill not filed until 12 November 1894, statute of limitations of six years, has been over nine years. /s/ Rowland Terry, H. T. Lee BILL OF COMPLAINT: John Apple, Administrator of Elizabeth Holliman and also Administrator of Susan Holliman, deceased, and who is also an heir at law of said deceased parties - a citizen of Smith County, Tennessee, against Roland Terry of Jackson Co. and H. T. Lee of Putnam County. Susan and Elizabeth Holleman each died intestate in Jackson Co. Susan died seven years previous to Elizabeth, Elizabeth dying [blank] April 1892, that he is Administrator of both. Susan and Elizabeth Holliman were sisters... joint owners of town lots conveyed to them many years ago by M. Holleman in the town of Granville. During the lifetime of Susan and Elizabeth, to wit 12 August 1885 they conveyed to defendants Roland Terry and H. T. Lee the said lots... $200. -------------------------------------------------------------------------------- [NEW] APPLE, JOHN H., Administrator of APPLE, H. M. County 1903 RECEIPT: From John Apple, $25 as part of pro rata share of Hattie Apple in Estate of H. M. Apple, deceased. /s/ Harriet Apple, Guardian ?RECEIPT [Top dark, can't read] ...estate of H. M. Apple. /s/ Harriet Apple, Ova Apple, Rena Apple [All look like the same handwriting - mlj] RECEIPT June 3, 1903. $50.75, balance of my pro rata share of the estate of H. M. Apple, deceased. /s/ Novella Apple RECEIPT June 3, 1903. $15, balance of my pro rata share of the estate of H. M. Apple, deceased. /s/ Annie McDonald NOTICE TO: Ova Apple, Novella Apple, Hattie Apple and Harriet Apple. Will make settlement, heirs of H. M. Apple, deceased on 25 May 1903. NOTICE TO: Geo McDonald and wife Annie McDonald. Will make settlement, heirs of H. M. Apple, deceased on 25 May 1903. NOTICE TO: Harrett Apple, Ova Apple, Annie McDonald, Novella Apple, Cerena Apple and Hattie Apple. Will make settlement 16 May 1902. ADMINISTRATOR'S BOND: Jno H. Apple, Administrator of Estate of H. M. Apple, dated 3 April 1900. -------------------------------------------------------------------------------- [NEW] APPLE, J. C., Admr vs DAVIDSON, NATHAN, et al Chancery 1879 also KING, J. M., Admr of William Keith SETTLEMENT: J. M. King, guardian to Eller King, Ira R. King, Jane King, Casander King and James King, minor heirs of T. W. King, deceased. 1st Monday in Feby 1880. DEPOSITIONS 29 January 1879, in presence of defendant Nathan Davidson and J. C. Apple, Administrator of Thos W. King and Mat King, one of the heirs of Thos W. King. W. T. Hughes [No age]. Knew Luke M. Holaman and Louis Holaman in their lifetime. Knew the land, surveyed it in the fall of 1839. Richard Davidson, now deceased, was the father of defendant Nathan Davidson. Richard Davidson and Thomas Johnson were chain carriers. Louis M. Holoman after that time claimed the land, except the 50 acres owned by Richard Davidson. I was the administrator of Louis M. Holleman, and was appointed commissioner to sell land... believe sold in year 1857 and White Myers became the purchaser. Have read the Louis M. Holleman Grant No. 8723. /s/ W. T. Hughes William Steakley [first part missing]. Deft J. H. L. Brown is the son of Dudley Brown and has always lived in the neighborhood of the lands in controversy. The still house was on John H. L. Brown's side of the line, not Thos King. William [his X] Steakley Joseph Jackson [Nothing new - mlj]. Joseph [his X] Jackson E. L. Jackson. Am a practical surveyor. J. H. L. Brown procured me to run the line before Mr. King's death, think in the year 1876. /s/ E. L. Jackson LETTER: Datelined Greenville, SC, November 27, 1881 to J. C. Apple, Esq. Dear Sir, Your favor of 18. inst came duly... with the $42.00 my wife's interest in her grand father's estate... anything due from her father's estate... I hope you will see Mat King... concerning payment of the note he holds against me. I had the money when I was in Jackson County last. My family as well as usual... Yours truly, /s/ Cicero Hall NOTICE: Mrs. N. M. King, J. M. King, J. F. Barnett & wife Susan Barnett, Jane King, Cassander King and James King and Mrs. Ella Richmond... will settle Tuesday, May 31, 1881... estate of Thos W. King, deceased. -------------------------------------------------------------------------------- [NEW] APPLE, NEEDHAM & CROSS, W. B. vs MORGAN, MARION et al Cir 1887 PROMISSORY NOTE: On or before 15 November 1878 we promise to pay James D. Bennatt, Receiver in the case of James Eaton and wife and others against J. W. Lock, $250 for the rent of two shares of the Lock land to wit shares of W. K. Lock and of Sallie Sadler lying in the lower half of the Lock farm. . /s/ W. B. Cross, Needham [X] Apple CAUSE HEARD 11 January 1878. Plaintiffs failed to make out their case, appealed. BILL OF COMPLAINT: Cites above lease agreement. Marion Morgan and Dan'l Morgan and James D. Bennatt are unlawfully witholding possession, land on the north side of the Cumberland River being 2/5 of the J. W. Lock farm which was allotted to William Lock and the heirs of Sallie Sadler. 2 January 1878. -------------------------------------------------------------------------------- [NEW] APPLE, NEEDHAM vs FOX, JNO B., et al Circuit 1875 NOTICE TO SHERIFF: D. H. Armistead filed Complaint... T. J. Lee is security of David W. Eller, who owes money... is informed said Eller has absconded the state. AFFIDAVIT: D. H. Armistead states can prove by D. W. Eller who is a material witness for him... witnesses brother took possession of [blacksmith] tools or was to take possession at once and hire a blacksmith and open a shop. They were not left with Apple in pledge or any other purpose. Received a letter from the witness a few days ago... lives in Tracy City, Grundy County. About the first of the present term [of court] Affiant was sent for to go to Nashville... his brother John M. Armistead being in a dying condition and who did die before he arrived there. He has just returned from his said brother's funeral, asks a continuance. 20 September 1875. /s/ D. H. Armistead -------------------------------------------------------------------------------- [NEW] APPLE, RIDLEY, et al vs STEWART, R. C. et al Chancery 1852 PETITION: Ridley Apple states cannot go safely to trial without evidence of David S. Shephard or John Hughes. 19 Feb 1854. /s/ Ridley Apple BILL OF COMPLAINT: Ridley Apple and Peggy Ann Apple, his wife and Elizabeth Stewart, all of Jackson Co., against Henry W. Sadler and Samuel ?R. McDonald of Jackson Co. and Reece C. Stewart and John Stewart, John Lee and wife Jane Lee of Fannin County, Texas and Jane Williamson of the State of Louisiana. Complainants except Elizabeth Stewart and defendants McDonald and Sadler are heirs at law of Hugh Stewart, deceased, died about the month of February 1849 intestate in Jackson County, that Complainant Elizabeth is his widow. He died possessed of considerable personal estate. March term of Jackson County court, defendant Reece C. Stewart was appointed administrator. Sadler and McDonald became Securities. Reece C. Stewart made settlement 1st Monday in September 1851 and a few days thereafter removed to Texas. Orator did not have sufficient time to examine settlement until after said Administrator had left for Texas. Jane is a minor and has no regular guardian [Did not give last name, but see "Answer" below of Reece C. Stewart; probably Jane Williamson of the State of Louisiana - mlj]. BOND: We, Ridley Apple, Elizabeth Stewart and Lafayette Apple are indebted to Henry W. Sadler, Sam K. McDonald, Reece C. Stewart, John Stewart, John Lee and Jane Lee his wife and Jane Williamson sum of $250, void if Ridley & Peggy Anne Apple and Elizabeth Stewart prosecute suit with effect... 15 Jan 1852. DEPOSITIONS 30 Jan 1853, at the counting room of John Hughes in Granville, TN: Jackson C. Apple age 28. I was at the settlement, and made calculation of interest due. /s/ J. C. Lee John C. Lee [No age]. We allowed Reece Stewart a greater share of the negroes than the other legatees. He had been at a great deal of trouble with his father and mother. We agreed to let him have Moses [a slave belonging to the estate] who was worth about $250 more. Reece C. Stewart left the room to allow us to discuss... He brought receipts for each legatee to sign. John Stewart, Ridley Apple and J. C. Lee signed. I was there acting as attorney in fact for my father who was a distributee in said estate. Took place the latter part of September 1849. Question: Was Ridley Apple to contribute $20 to purchase a horse for your mother? Answer: He would not say for certain how much, said he was willing to give whatever his wife said. She said she was willing for her sister to have a nag... Ridley said he did not feel himself able to give anything then but if he gave anything he could not give more than $10. /s/ J. C. Lee INVENTORY & SALE OF PERSONAL ESTATE: Consisted of household goods, fodder, corn, tools, livestock. No slaves, no bible. 24 March 1849. DEPOSITIONS 12 November 1852 [Concerned items sold, no relationships given - mlj]: George Apple about age 62, /s/ George Apple Leroy B. Apple about age 31. /s/ Leroy B. Apple J. C. Apple, about age 27. /s/ J. C. Apple ANSWER: Reece C. Stewart to Bill of Complaint. About 1840 his father became embarrassed in his pecuniary matters as stated... Hugh Stewart never at any time conveyed to him any property. Month of July 1833 Hugh Stewart, his father, not then being in debt, executed a bill of sale to this defendant and his brother John Stewart for four slaves, to wit: Mindy, Moses, Nelly & Rebecca with a condition that at the death of said Hugh and their mother Jane Stewart, the then wife of Hugh, this defendant and said John Stewart would convey to their two sisters Peggy Ann and Elizabeth one negro to be equal in value to one which he, said Hugh, had already given to their other sister Jane Lee, [slave] about 10 years called Fanny. 28 Jan 1840, nine years before the death of said Hugh the defendant and the said John Stewart at the request of the said Peggy Ann, wife of said Ridley Apple and at the request of Emily Ann the wife of John B. Williamson who has since died, and at the request of said Williamson and at the request of Hugh Stewart did convey and deliver one negro equal to value of Fanny who had been given to Jane Lee... Every party was fully of age at the time... received their respective negroes. Denies there were negroes belonging to estate to be divided. 4 October 1849, it was agreed between heirs... except infant heir of his sister Emily Ann Williamson. Fannin County, Texas /s/ Rees C. Steward DEPOSITIONS [30 Jan 1853, Fannin Co., TX, all acknowledged/taken by Miller H. Dixon, Clerk of the Court:]: John Hughes 45. In 1837 & 1838 Hugh Stewart was insolvent. After that, he became good [for his debts]. /s/ Hugh Stewart Middleton McDonald about age 52. Live Fannin Co., TX. Lived Jackson Co. in 1851. /s/ Middleton McDonald Robert More about age 41. About 1846 Rees C. Stewart swapped a cart in his possession mentioned by Waddy Carlisle to Jefferson Hargus. /s/ Robert More Waddy Carlisle about age 44. In 1845 and 1846 I lived in Jackson Co., heard Hugh Stewart say he'd given Rees Stewart some old cart hubs. Rees C. got William Evans to ?fill/file them and swapped to Jefferson Hargus for a wagon. /s/ Waddy Carlisle. Isham Beasley about 31. Lived in Jackson Co. in 1851. /s/ Isham Beasley Malinda McDonald about age 51. Lived in Jackson County, Tennessee 1851. Ridley Apple told me he got his brother LaFayette to go to the County Clerk at Gainesboro... Malinda [her X] McDonald -------------------------------------------------------------------------------- [NEW] ARMISTEAD, DAVID H. vs RICHMOND, W. H. Chancery 1887 NOTICE: To Nathan Roberts. You are hereby notified that your note to W. H. Richmond is attached... case of D. H. Armistead against W. H. Richmond... appear 1st Monday in March 1887 and answer what you owe... do not pay said Richmond. 11 February 1887. NOTICE: To Margaret Richmond... property in your hands of W. H. Richmond is attached... appear and answer 1st Monday in March 1887. BILL OF COMPLAINT: D. H. Armistead of Jackson Co. against W. H. Richmond, Nathan Roberts and Margaret Richmond. W. H. Richmond is indebted... judgment rendered 6 March 1877, $65 and costs. Said judgment was stayed by William E. Jones, but both Jones and Richmond are insolvent. Nathan Roberts owes W. H. Richmond... note in the hands of Margaret Richmond, the mother of defendant Richmond. 11 Feb 1877. /s/ D. H. Armistead -------------------------------------------------------------------------------- [NEW] ARMISTEAD, D. H. vs BROOKS, R. P. Chancery 1878 DECREE: D. H. Armistead against R. P. Brooks, Admr of Henry R. Brooks, decd, Julia Roberts, James Roberts, Martha Duke, William Duke, Nancy Allen, John Brooks and Elmira [or Elvira] Brooks. 10 March 1879... Complainant and Defendants be divested of town lots... title vested in purchasers R. B. Montgomery, F. C. Cornwell, W. H. Ragland and F. A. Kelly. REPORT OF SALE: 9 November 1878, town of Granville, District 5, Jackson Co., sale pursuant to court order, Lots 40, 41, 49 & 50 sold to highest bidder, R. B. Montgomery, F. C. Cornwell, W. H. Ragland and F. A. Kelly. BILL OF COMPLAINT: D. H. Armistead against R. P. Brooks, Admr of Henry R. Brooks, deceased of Jackson Co., Julia Roberts, James Roberts, Martha Duke, William Duke, Nancy Allen, John Brooks and Elmira Brooks of the same venue and J. W. Donoho of Macon Co., Tenn. Complainant 1 Sept 1875 sold to H. R. Brooks four town lots in Granville, Lots 40, 41, 49 & 50, on one of which a blacksmith shop now occupied by R. B. Montgomery is situated, whose land, with that of Mariah T. Armistead, bounds said lots on the north; the other three sides being bounded by streets. Complainant executed deed, retaining a lien for purchase money. H. R. Brooks executed notes, with J. W. Donoho as security. All unpaid except $20 paid 17 July 1877. H. R. Brooks has since died and R. P. Brooks is Administrator. Deceased left no lawful issue. His father is dead and defendant Elmira Brooks is his mother. Defendant Julia Roberts married James Roberts, Martha Duke who married William Duke and Nancy Allen are his sisters and John Brooks is his brother, they being the only heirs at law of said H. R. Brooks. -------------------------------------------------------------------------------- [NEW] ARMISTEAD, D. H., Administrator [NOTE: There were several estate administrations by D. H. Armistead lumped in this one file, papers from one mixed in with others. I have separated them here, hopefully correctly - mlj]. ARMISTEAD, D. H., Administrator of ROGERS, N. E., deceased 1883-1885 Nothing has come to his hands of her testate... Recovered judgment against heirs of Mathew Rogers, deceased, about $37.00 which was consumed by lawyers fees as they held her note for $50. Paid out the following, to wit: Receipt: Jessa Armstead the sum of $4.00 in full, medical account of Mrs. Nan Rodgers, 6 July 1882, John J. McClellan, M. D. Receipt: T. H. Butler, March 1883, $11.35. Receipt: John J. McClellan July 6, 1882, $9.00. Receipt: Brown & Tittle for coffin March 1882 $8 and Burial Expenses $22. Requests he be discharged of further responsibility. Filed July 7th, 1883 [or 1885]. Recorded Wills *, Book B, page 281. [Note: Also see below, Mariah Armstead vs David Armsted - mlj]. ARMISTEAD, D. H., Administrator of John M. Sherley, deceased. INVENTORY OF PERSONAL PROPERTY: Dated 23 June 1885, notes and accounts due J. M. Shirley, deceased and notes due to Shirley & Lansden, years 1876, 1877, 1878, in amounts from 50 Cents to $36. SETTLEMENT: Made 1 January 1881, Wills Adm Book B, pages 12 - 14. NOTICE: To James T. Sherley and John W. Sherley. On 7 January 1885, will make final settlement with D. H. Armistead, Admr of J. M. Sherley, deceased... may attend if you wish. [NOTE: Mixed in the midst of the Sherley papers was an indication of D. H. Armistead having been appointed Guardian of one Mary C. Tittle. Whether she had anything to do with the Shirley/Sherley family, do not know - mlj]. ARMISTEAD, D. H., Guardian of ARMISTEAD, SALLIE B. County 1890 Sallie B. Armistead, minor heir of T. F. Armistead. Last settlement made March 1st 1883, Guardian Settlement Book A, page 290. NOTICE TO SHERIFF: Summon D. H. Armistead, guardian of Sallie B. Montgomery, formerly Sallie B. Armistead to make final settlement as guardian 22nd December 1890. -------------------------------------------------------------------------------- [NEW] ARMSTED, MARIAH et als vs ARMSTED, DAVID et al County 1873 CAUSE HEARD: J. C. Kent, Lemuel Kent, ?W. F. Armistead, Fannie Kelly, L. M. Burford, Lizzie D. Burford, Ben Armistead, Sallie Armistead, Wm Ensor & wife Nannie Ensor, Alice Armistead, Charley Armistead & Maggie Armistead vs D. F. Armistead, Maggie Lou Armistead, Fred Armistead, J. H. Armistead, Frank Armistead, David Armistead, J. [?init]. Armistead & Arthur Armistead. Land sold. All right, title and interest be vested out of Complainants and Defendants and in purchaser J. C. Kent. GUARDIAN APPOINTMENT: J. S. Montgomery appointed guardian ad litem for minor defendants, cause of J. C. Kent against D. F. Armistead, et al, it appearing that D. F. Armistead and Maggie Lou Armistead, Frank Armistead, David Armistead, J. H. Armistead and Auther Armistead are minors... without guardian. J. S. Montgomery, a practicing Solr is appointed to answer for them. DEPOSITIONS: John Cale. Acquainted with land about 15 years, between 60-100 acres, fair minimum price $125, best to sell and distribute proceeds. /s/ John Cale A. Clements, live near Granville. Known land 12 - 15 years, lived joining three years, small tract of 40 - 50 acres. Best to sell. /s/ A. Clements REPORT OF SALE: Sixty acres, 5th District, bounded north by J. C. Duke, east by A. Clements, south by J. C. Kent, west by Cumberland River. ANSWER: D. F. Armistead, Maggie Lou Armistead, Frank Armistead, David Armistead, J. H. Armistead and Auther Armistead by guardian ad litem J. S. Montgomery. Admit death of F. A. Armistead, that he owned land... his widow is also dead, supposes heirs correctly set out. 1 Feb 1897. /s/ J. S. Montgomery ESTATE SETTLEMENT: D. H. Armistead, Administrator of Estate of T. F. Armistead, deceased. 11 November 1876. Expenses included: Copy of statement of L. H. Davis, could be record of medical visits. Amounts are $3.50 each, except one which is $2.00. 1872 October 19 1873 February [two visits] 1873 July 5, 6, 8, 9, 11, 13, 15, 17, 20 & 23 Burton & Brown, making coffin, $10. 22 Aug 1873. REPORT OF SALE OF LAND: Whereas 16 Oct 1873 Mariah Armistead, John J. Kelly & wife M. F. Kelly, Matthew Rogers & wife N. E. Rogers, Jesse T. Armistead and John M. Armistead filed a bill of complaint against David N. Armistead, Sallie Armistead, L. ?I. Vaden and wife Martha J. Vaden in the County Court of Jackson County praying for sale of lands... at Decr term 1873 land ordered sold for purpose of distribution of proceeds among Complainants and Defendants, heirs at law of T. F. Armistead, deceased... sold 24 Jan 1874... John J. Kelly became purchaser at $600; cash $500 and notes $50 each. Lies north of Cumberland River, District [blank]... begin top of ridge, Holeman's and Apple's corner, south with Holeman's line... down river to willow at corner of the widow's homestead. 26 June 1874. PETITION: Mariah Armistead, John J. Kelly & wife M. F. Kelly, Mathew Rogers and wife N. E. Rogers and Jessee T. Armistead, all citizens of Jackson Co. and John M. Armistead of Davidson Co., Tennessee, against David H. Armistead and Sallie Armistead of Jackson Co. and L. I. Vaiden and wife Martha J. Vaden of the State of Texas. Thadeus F. Armistead died intestate in Jackson Co., Tenn on/about 28 July 1873, leaving Complaint Mariah Armistead widow, and complainant M. F. Kelly intermarried with John J. Kelly N. E. Rogers intermarried with Complainant Mathew Rogers Jesse T. Armistead John M. Armistead, and defendants Martha J. Vaden intermarried with defendant L. I. Vaden D. H. Armistead Sallie Armistead. Said Sallie is a minor, David H. Armistead is her regular guardian. Complainants and defendants are all and the only persons owning interest in estate of said Thadeus F. Armistead, deceased. Land north side of Cumberland River, District 15, Jackson Co., about 150 acres where Mariah Armistead and her husband now deceased lived at the time of his death and where his said widow now resides, bounded southwest by Cumberland River, south by land of Jessee T. Armistead, east by Nedham Apple and George R. Holleman and north by land of William Barnett and Joshua Kent. Mariah Armistead... entitled to dower. Dated 6 October 1873. DOWER ASSIGNED: Mariah Armistead, widow of T. F. Armistead. January 1874. -------------------------------------------------------------------------------- [NEW] ARMISTEAD & McCARVER vs HAWTHORNE, L. E. & E. P. Chan 1883 DEPOSITIONS 25 July 1884: E. P. Hawthorne [No age]. Bought timber of Wm E. Fuqua. My son is L. E. Hawthorne. /s/ E. P. Hawthorne J. A. Robinson age 37. Know parties to suit. Understand E. P. Hawthorne bought 150 standing trees and downed timber from Wm E. Fuquay. L. E. Hawthorne bought timber from John Fuquay. Heard Mrs. Wm E. Fuquay say her husband was drinking and they needed everything they had to live on. Mrs. Fuquay gave written notice to stop getting logs. Character of D. H. Armistead, Wm E. Fuquay, Alabama Fuquay and J. B. Holleman is good, entitled to full credit on oath. I live with E. P. Hawthorne. Dr. E. P. Hawthorne is of good character. Question: Is it not a part of his general character that he forged a note on J. M. Lee? Answer: That's what [?]Minnie Lee says. Question: Is it not true... swore falsely in the case of Wm Lambert against L. E. and E. P. Hawthorne? Answer: Never heard anyone but Wm Lambert say so. Question: Is it not true... swore falsely in the lawsuit between him and T. C. McKinley? Answer: Never heard anything about that. /s/ J. A. Roberson DEPOSITIONS 3 March 1885: Mrs. Alabama Fuquay [No age]. Am the wife of Wm E. Fuquay, one of the complainants. Question: Did you tell Dr. Hawthorne that your husband was drinking... spending everything you got...? Answer: I did not. Mrs. Alabama [her X mark] Fuquay J. M. Lee [No age]. E. P. Hawthorne's character bad. Character of D. H. Armistead, W. E. & Alabama Fuquay, J. B. Holleman, W. M. Neil good. Had a bad understanding with Hawthorne, but as a gentlemen I have no hard feelings. /s/ J. M. Lee NOTICE OF DEPOSITIONS: Alabama Fuqua, Leroy Apple, Jack Robinson, William Lambert, T. C. McKinley, T. J. Lee and J. M. Lee will be taken at the store house of Hamp Apple on Tuesday, 3rd March 1885. NOTICE: Will give my deposition at my residence on Hurricane Creek in Smith Co., 3 March 1887. /s/ E. P. Hawthorne BILL OF COMPLAINT: Wm E. Fuquay for benefit of D. H. Armistead and P. McCarver, partners in Armisted & McCarver of Jackson County, Tennessee against L. E. Hawthorne and E. P. Hawthorne of Smith Co., Tenn. Fuquay owned money to Geo M. Morgan. DEPOSITIONS [No ages, no date, no new information]: Wm E. [X] Fuquay; remainder signed as written; J. M. Lee, J. B. Holleman, W. McNeill. -------------------------------------------------------------------------------- [NEW] ARMSTRONG, FRANCES vs KIRKPATRICK c1855 JENNINGS, NANCY UPCHURCH [NOTE: Above typed as written on folder. Does not appear from documents that Nancy Jennings, widow of Robert Jennings, was ever married to an Upchurch; referred to consistently as Nancy Jennings [maiden name Campbell]. There is a William Upchurch whose name is mentioned in the documents as a creditor. Nancy was feme sole, a single woman, at her death - mlj]. INVENTORY OF SALE: Property of Nancy Jennings, total $99.90. NOTES: Deemed uncollectable belonging to Estate of Nancy Jennings, dates are when due; some undated: Judgment on Andrew Posten [No date]. Judgment on James Posten [No date]. Merlin Young, Sept 1845, bad. Wm Prior & Wm Crawford 1832, bad. John Raglin 1837, bad. James Gist 1842, bad. William Smith 1836, bad. Nell [?Neil] Cox 1831, bad. Rubin Carter 1837, bad and run away. Frances Colter 1836, deceased and insolvent. Abe Taylor, very bad. David Walker, dead. John H. Hamilton, bad and dead. Joseph Birdwell, bad as any. R. Rigs, bad and run away. William Tell, bad, gone. A. Magers, bad, bankrupt. William Hix, bad, ?run away [Actually looks like "remaning" - mlj]. Henry Osburn, bad, ?run away [Actually looks like "remaning" - mlj]. Thomas P. Tanksley, bad. A. Hufhines, bad. William Browning, bad. John S. Turner, for 30 days work, bad. Luke Williams, bad, [Actually looks like "remaning" - mlj]. Joseph Hamilton, bad and deceased. Hall & Montgomery, bad. William Posten, bad. H. L. ?Mead, bad, parts unknown. John Wright, bad. Asa M. Denson, bad. all of which is bad and uncollectable. ADMINISTRATION BOND: Tolliver Kirkpatrick appointed, makes bond 6 December 1852. Securities are Thomas G. Rose, Albert Kirkpatrick. All signed. EXPENSE: To D. R. Buckhanan for coffin, $6.00. BILL OF COMPLAINT: [NOTE: Very difficult to read. Most information probably covered in Toliver Kirkpatrick's answer to bill which appears later - mlj]. Elisha Sanders and wife Elizabeth Sanders, Frances ?H. Armstrong and wife [blank] Armstrong of Jackson County against Toliver Kirkpatrick, Thomas J. Rose and Albert Kirkpatrick of Jackson County. Nancy Jennings departed life about the month of August 1852, published her Last Will & Testament [not filmed]. Executors refused to act, Toliver Kirkpatrick was appointed Administrator. Nancy at her death was feme sole, no children living. Elizabeth Sanders and Sarah Armstrong, sisters of deceased were her only sisters, left no brothers... legal heirs [Answer of Toliver Kirkpatrick and depositions indicates this is incorrect - mlj]. DEPOSITIONS [No date]: Watson M. Cook, age 38. Testimony regarding solvency of debtors. /s/ W. M. Cook Alexander McCawley age 56. Mrs. Nancy Jennings was 70 or 80 and had to be helped up. /s/ Alexander McCawley Joel W. Settle. Known William Upchurch, Asa M. Denson, John ?D. Hamilton and William Posten 10 - 15 years. Never considered William Upchurch as doubtful credit. Rest are. Alexander Montgomery age 63. Question: State if you know of a note dated 12 December 1820 by P. Butler and Robert Jinnings for $100 payable to Claton Rogers. Answer: Price Butler, who was my brother in law, left this country between 1820 and 1827 and at the time he left he was pretty well brok-up [sic]. Robert Jennings was security for him in the Loan Bank for $50. Jennings complained about him leaving without paying off the note and out of respect to Butler I agreed to pay... didn't know about the $100 note... I made the following payments: Jan 7, 1827, $6; Feby 6, 1828, $6; Feb 20, 1830, $12; Feb 14, 1830, $6; Dec 9, 1833, $10. Then after the death of Claton Rogers this note was presented to me by Clayton Scantlin who was the grand son of Clayton Rogers and I paid it off. My partner Hall contracted some debts to Robert Jennings... do not know how much... came to the hands of Nancy Jennings, his Executor or Administrator, Mrs. Jennings after the death of her husband. /s/ Alexr Montgomery James W. [or M.] Draper, about age 45. Have been acquainted with Thomas P. Tanksley [sic; usually Tankersley - mlj] since I was a boy. He left this country about 5 - 6 years ago. He was not solvent before the death of Nancy Jennings in the fall of 1852. He went to the State of Illinois before 1852 and has not been back since. Know Asa Denson, live 8 - 10 miles from him, is not solvent. Alexander Montgomery and William A. Hall were formerly merchants and partners in Gainesboro. My information is they are not solvent. /s/ James ?M. Draper ANSWER: Toliver Kirkpatrick and Thomas G. Rose to Bill of Complaint by Elisha Sanders and Elizabeth Sanders and Frances H. Armstrong and wife Sarah Armstrong. Nancy Jennings died the month of December 1852, published Last Will & Testament in August that year. Elizabeth Sanders is her sister, but respondents do not know if Complainant Sarah Armstrong is her niece or not. Understand testate had a sister named Nelly who married Davis Lincoln and Mrs. Lincoln had several children. Do not know if she or the children are living. Do not admit Complainants Elizabeth and Sarah are her only heirs, require proof. Before she died, testator was old and childish and very troublesome to friends with which she lived - she bequeathed one-half of her estate to Robert Stone if living at her death, and if not to his heirs, then to support of the Gospel or Christian preachers. Respondents were informed said Robert Stone was a nephew of her deceased husband Robert Jennings and was named for him, and that was the wish of her deceased husband. As to bequests to Gospel and Christian preachers, that is a matter of law. False that Respondent and Rose intended to divert money to their use. Testator was indebted to Rose for $291, services provided during her lifetime. John H. Hamilton lived in Overton County, Tennessee. Thos Tanksley is still insolvent, am informed he lives in Illinois. There is a judgment against William Upchurch who was and is insolvent. Nancy Jennings boarded with Thomas G. Rose in 1851, he charged $3 per month for four months, $12 total. She was in ordinary health. In 1852 she boarded with him for 32 weeks, could not get up without help, a family member had to sit up with her at night. Charged $2.00 per week until she got worse, then $3 per week for 16 weeks. 3rd day of December she died. Dated 12 January 1856. DEPOSITIONS: Nancy Gordon age 64. Heard Nancy Jennings say Elisha Sanders and [?]Smith Armstrong would not take her. Armstrong's wife was Nancy Jennings' niece. It is my understanding there is 18 or 20 of the same [cannot read]. My understanding is that Abby Lincoln the mother of Armstrong's wife had twelve children, and I heard that from Nancy Jennings. If any has died, I do not know it. " I am related to both party in this suit about as much to on as another". Nancy [her X mark] Gordon Nancy Carnahan, age 32. Nothing new. Nancy [her X] Carnahan Denton More age 58. William Upchurch was a neighbor in 1852 and 1853. His family consisted of his wife and [ink blot; can't read] children... son Washington "Wash" Upchurch. /s/ Denton Moore William G. Rose age 24. Thomas G. Rose kept Nancy Jennings in 1851, about the first of January to end of 1851. I am one of the sons of Thomas G. Rose. /s/ W. G. Rose Willis C. Carpenter about age 40. I was living with Thomas G. Rose in 1851. He moved from the creek to the river where he now lives September 1851. Willis C. [X] Carven? R. C. Kirkpatrick age 31. Knew Nancy Jennings many years before her death. In 1850, she said there was only one outstanding claim against her, a note given by Price Butler with Robert Jennings security... in the hands of Alexander Montgomery, and Montgomery had promised not to collect until her death. Defendant Toliver Kirkpatrick is my brother. I am also related to Frances Armstrong and Elisha Sanders and wife. The Relation is Distant. /s/ R. C. Kirkpatrick John T. Hall [No age]. Nothing new. /s/ John T. Hall Lemuel G. Rose age ?46 [smear]. Cryed [sic; cried/auctioneer] the Administrator's sale of Nancy Jennings. It was fair, and no one tried to hold down prices. /s/ L. G. Rose Mahala Smith age 44. Was at Thomas G. Rose's when Nancy lived there. She had to be washed like a child, sheets changed often. At the wash place Polly Rose was washing five sheets and some shirts that was very nasty at one time. She [Nancy Jennings] was hauled from Sugar Creek in a cart, not able to ride a horse. Mahaly [her X] Smith Mary Hamilton, age about 60. Nothing new. /s/ Mary Hamilton William A. Hall age 46. Believe it was four or five years between the deaths of Robert Jennings and his wife. /s/ William A. Hall Ruben Price age 65. Am acquainted with Elizabeth Sanders, the sister of Nancy Jennings, and Sarah Armstrong, reported to be the niece of Nancy Jennings. Elizabeth Saunders is the only living sister of Nancy Jennings. Mrs. Jennings had three sisters besides Mrs. Saunders and Mrs. Lincoln. Two of them had children, do not know if they or the children are living or dead. Two I have not seen or heard a straight account of for 40 years. Abigail Lincoln is generally reported to be the mother of F. H. Armstrong's wife. I don't know her [Mrs. Jennings] father and mother. They died before my recollection. Mrs. Jennings and myself were cousins. Mrs. Lincoln, the mother of Sarah Armstrong, when she left here had four or five children, and I understand others after she left. I understand Davis Lincoln moved to Indiana with his wife and family. Nancy Jennings' brother was Thomas Campbell. I understand from Mrs. Jennings he was married, but don't know about children. Besides Mrs. Saunders and Mrs. Lincoln, the oldest, Polly married a man by the name of Dear [or Dean]. The other Peggy married a man by the name of Hoglin. No recollection of children. Dean lived in Kentucky and Hoglin in Indiana last I heard. [Note: Name of the third sister not given - mlj]. Reubin [X] Price Johnathan G. Smith age 27. Was somewhat acquainted with Nancy. /s/ J. G. Smith DEPOSITIONS: Albert Kirkpatrick age 25. Nothing new. /s/ Albert Kirkpatrick Jefferson Roberts age 50. Nothing new. /s/ Jefferson Roberts William Davidson age 45. Acquainted with Andrew Posten, John H. Hamilton, Asa Denton, William Poston & William Upchurch. John H. Hambleton does not live in the country. /s/ William Davidson Holland Denton age 38, am a practicing attorney. /s/ Holland Denton CAUSE HEARD: Bequest to Robert Stone if living is effectual, bequest to Gospel or Christian preachers ineffectual and void. -------------------------------------------------------------------------------- [NEW] ARMSTRONG, LEROY & others vs MYERS, White & others Ch 1868-9 PETITION: Leroy Armstrong against White Myers, Rollins Hogan, John Bockman [or Backman]. Defendant Rollins Hogan died. John Bockman filed petition in bankruptcy... U. S. District Court in Middle Tennessee, was adjudged bankrupt. John Van Hooser was appointed assignee of said bankrupt August term 1869. BILL OF COMPLAINT: Leroy Armstrong and Isaac Paul of Nashville, Tennessee against Rollins Hogin, John Backman and White Myers of Jackson Co. Prior to March 1860, complainant Paul was partner in Armstrong & Co., recovered judgment against defendants 28 February 1860 for $538.42. Records destroyed by Federal soldiers. END OF REEL #46 Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ 47 ================================================================================ Jackson Co., TN Loose District/Chancery Court Papers Reel #47, Ashurst - Barnes & (A) Divorces Also includes Bank cases ("Bank of...) Vol: 1839-1915 Genealogical Abstracts by Bonnie Parker Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm -------------------------------------------------------------------------------- NEW: ASHURST, JOHN ET. AL. VS. KIRKPATRICK, TOLIVER ET. AL. CHANCERY, 1867. This case is about debts owed a Pennsylvania company. (Ashurst and others). They believed the Kirkpatricks were hiding their assets to avoid payment. It was settled by compromise. -bp. Depositions taken: 16 April 1868. DEPOSITION: WILLIAM J. DIXON. About the age of 70 years. /s/ Wm. J. Dixon DEPOSITION: JUDGE WM. F. OUSLEY. About the age of 54. I am the cashier of the Bank of Tennessee at Burksville. /s/ W. J. Owsley Deposition taken: 12 Dec. 1867. DEPOSITION: NANCY JANE WILLIAMS. 24 years of age. Quest. Are you a daughter of defendant Toliver Kirkpatrick? Ans. I am. He sold [his land on Roaring River] to Uncle James Rowe & Son--William Rowe--for $3500.00. [He sold the land because] my father wanted to let Uncle Michael Kirkpatrick have some money for them to start the goods business in Gainesboro. There was at the time a debt against my father at Burksville, KY and Uncle Michael Kirkpatrick was his security. My father was also indebted to my grandmother for the hire of a Negro, and desired to make arrangements to pay these debts. Quest. Why did your father wish to reserve the $1200.00 out of the price of the land? Ans. He wanted it for the purpose of paying my grandmother $500.00 he owed her for the hire of a Negro, and to give to my sister who was married at the time and myself who was then about to marry. Means with which to purchase each a horse and saddle and clothing, etc. He gave me a saddle and clothing and $140.00 to purchase a horse when I was married. Said payment [of the $1200] was made in Nov. or Dec. 1865. My mother and sister Kibby were in the room at the time. Quest. You state that your father sold his farm on Roaring River to the Rowes. Say if your father does not still live on the same farm. Ans. He does. My father and Lafayette Washburn sold goods in Gainesboro before the War and Michael Kirkpatrick now is and has been for some time selling goods in the same house. Up to the time I married and left home, which was in April 1866, my father usually stayed about the store. /s/ N. J. Williams Depositions taken: 13 April 1868. DEPOSITION: B. B. WASHBURN. [Sampson W. Cassetty] is dead. He died in the fall of 1866. I have known Toliver Kirkpatrick since early in the year 1845 and during all the time since. . . My first acquaintance with Michael Kirkpatrick commenced in 1845 or 1846. He was then a boy. /s/ B. B. Washburn DEPOSITION: ROBERT A. COX. I have been acquainted with Toliver Kirkpatrick from my boyhood up to this time. He has all that time or nearly so been a Merchant in Gainesboro. /s/ R. A. Cox DEPOSITION: NARCISSA VAN HOOZER [VAN HOOSER]. Myself and husband were living with my father [Toliver Kirkpatrick] in 1867. We went there to live in Jan. or Feb. and some time after we went there to live Pembroke Rowe came to my father's house to collect from him the rent of the farm on which he lived for the year 1866. At which time my father paid him some money for rent. I did see it counted but don't now remember the amount. But it was my understanding that my father paid him the entire amount due the rent for the year 1866. He, Pembroke Rowe, came for his father, James Rowe, to collect the rent. Quest. Did your husband, John Van Hoozer . . . /s/ Narcissa Vanhooser DEPOSITION: JOHN VAN HOOZER. /s/ John Van Hooser. DEPOSITION: BENNET MINOR. The note originated as follows, to wit, R. C. Kirkpatrick was indebted to my father [not named] for the price of a Negro $1465.00 and the balance in money loaned by my father to him--to the amount of $2222.75. My father purchased from Michael Kirkpatrick a tract of land and paid to him a Negro woman at the price of $936.00 and executed his note to M. Kirkpatrick for $800.00 and for the balance of the purchase price of said land Michael Kirkpatrick agreed to take R. C. Kirkpatrick and thereupon R. C. Kirkpatrick executed to Michael Kirkpatrick the note here shown me which was taken by Michael Kirkpatrick for so much of the consideration price of said land. I have known him {Michael Kirkpatrick] upwards of twenty years. He has generally followed farming. He [Michael Kirkpatrick] resided on the Walker farm 18 or 20 miles from Gainesboro from August '65 till he moved to where he now lives near Gainesboro. He moved to where he now lives sometime this Spring. He did not move to where he now lives till since March 1867. It was said that he [Toliver Kirkpatrick] was a man of wealth and owned Negroes and land, etc. [before the War]. /s/ Bennett Miner DEPOSITION: ARGUILO T. MINOR. My father, John Minor, bought a tract of land from Michael Kirkpatrick in 1860 and paid him in part a Negro woman and in part my father gave to Michael Kirkpatrick a debt on R. C. Kirkpatrick. I don't know the amount. /s/ A. T. Minor DEPOSITION: JOB MORGAN. Quest. Do you know the tract of land bought by William Hall under a sale ordered in the case of S. W. Cassetty vs. J. Z. Beck? Ans. I do. I rented it last year. I lived upon it. I understood from Toliver Kirkpatrick that he was acting for his brother Michael . . . I have known Mr. T. [Toliver] Kirkpatrick about twenty years. /s/ J. M. Morgan DEPOSITION: MOUNCE L. GORE. 27 years old. I have known Toliver Kirkpatrick for many years. I suppose 15 to 18 years. Deposition taken: 31 July 1868 in Monroe County, KY. DEPOSITION: CHRISTOPHER HAYS. Aged 57 years. /s/ Christopher Hayes THE BILL OF COMPLAINT OF JOHN ASHURST OF PENNSYLVANNIA, ET. AL. . . .Toliver Kirkpatrick owned a valuable tract of land in Jackson County on Roaring River on which he resides containing by estimation 260 acres and on the 10th day of June 1865 he conveyed the said lands by deed in fee absolute on it's face to James and Wm. Rowe, his brothers in law . . . [this error is corrected by James and William Rowe in their Answer, below]. Deposition taken: 5 April 1870. DEPOSITION: TOLIVER KIRKPATRICK. /s/ Toliver Kirkpatrick Deposition taken: 21 Jan. 1869 in Wayne County KY. DEPOSITION: NATHAN ELLIOTT. Aged 35 years. /s/ Nathan Elliott Depositions taken: 11 Dec. 1867. DEPOSITION: JOHN LAWRENCE. Aged 33 years. /s/ John Lawrance DEPOSITION: AMOS K. TINSLEY. Aged 46 years. Depositions taken: 15 April 1868. DEPOSITION: T. C. BURRIS. Quest. Do you know that in 1865, before or after that time, that Toliver Kirkpatrick owed Nancy Burrass [Burris] any amount . . . Ans. He owed her for the hire of a Negro, $574.00. She is his mother in law. I am a brother in law of Toliver Kirkpatrick. He married my half sister in the year 1842 as I now remember. Mrs. Burris is my mother. /s/ T. C. Burris DEPOSITION: J. C. KIRKPATRICK. [Michael Kirkpatrick and myself] are brothers. /s/ J. C. Kirkpatrick Deposition taken: 14 April 1867. DEPOSITION: AMOS K. TINSLEY. I was present at James Rowe's in Kentucky in June 1865 . . . . . . Mrs. Burris, his mother in law . . . I am brother in law to such [Toliver and Michael Kirkpatrick]. /s/ A. K. Tinsley THE ANSWER OF James Rowe and William Rowe to a Bill of Complaint . . . filed by John Ashurst and others. 29 July 1867. Respondent James Rowe is a brother in law of said Toliver Kirkpatrick and is worth at least $20,000.00. Respondent William Rowe is not a brother in law of said Toliver, is a son of said James Rowe and is worth at least $1,200.00. . . . they reside in Cumberland County KY, distant from this land about 60 miles. /s/ James T. Rowe. /s/ William B. Rowe Depositions taken: 30 Nov. 1867 at Louisville KY. DEPOSITION: CHARLES F. HARVEY DEPOSITION: JOSEPH S. BARLOW. Aged 30 years. /s/ Joseph S. Barlow DEPOSITON: W. E. GRIMSTEAD. Aged 34 years. I was a member of the firm of Glazebrook Bros. & Co. in 1865. /s/ W. E. Grimstead Depositions taken: 17 April 1868 in Cumberland Co. KY. DEPOSITION: THOMAS E. BAKER. /s/ T. E. Baker DEPOSITIION: WILLIAM ELLIOTT. I have lived by him [James T. Rowe] all my life. William Elliott (his mark) DEPOSITION: MICHAEL C. ELLIOTT. Quest. Did you and your father, Robert Elliott, purchase of Michael Kirkpatrick the Walker farm in Jackson Co. TN in the fall of 1865 . . . Ans. We bought the farm in the fall of 1865 at the price of $7,500.00. /s/ M. C. Elliott DEPOSITION: A. L. COFFEY. /s/ A. L. Coffey DEPOSITION: REV. SAMUEL SIMPSON. I think I know their characters having been intimately acquainted with James T. Rowe ever since the year of 1814, and William B. Rowe ever since his birth . . . I am a minister of the Gospel and have been such of over 40 years. /s/ Samuel Simpson DEPOSITION: MRS. JANE GRIFFITH. I have known James T. Rowe all my life . . . /s/ Jane Griffith DEPOSITION: ROBERT ELLIOTT. I have known James T. Rowe for fifty years . . . /s/ Robert Elliott DEPOSITION: MRS. DORINDA ROWE. /s/ Dorinda Rowe -------------------------------------------------------------------------------- MISCELLANEOUS DIVORCE CASES. THE BILL OF COMPLAINT OF JOHN ALLARD AGAINST SARAH A. ALLARD, both of Jackson Co. TN. 2 July 1881. . . . he and defendant were married in the State of Kentucky on the [blank] day of Oct. 1872 and have resided in that state for some length of time when he and his wife removed to this state. Your orator charges that on the 4 June 1881 the defendant committed an act of adultery with one Cooper Anderson in Jackson Co. Asks for divorce. John Allard (his mark) THE BILL OF COMPLAINT OF DELIA ARMSTRONG, COL. OF JACKSON CO. TN AGAINST PARMER ARMSTRONG, COL. OF DAVIDSON CO. TN. 9 Feb. 1893. . . . she and defendant intermarried in the year 1889, that she and defendant lived together for a short time when defendant commenced to abuse and ill treat her, he continued his abuse until it rendered her condition intolerable. Your orator further charges that notwithstanding his abuse, she continued to abide with him in the hope that he would reform and treat her in a kind and affectionate way as was his duty to do, until he willfully and maliciously abandoned and has refused and still refuses to provide for her the necessaries of life . . . said abandonment occurred about 3 1/2 years ago. Your oratrix charges that she has one child as the issue of said marriage--a girl named Magia which she desires that this Court decree to her the custody of . . . Asks for divorce, and that her name be changed back to her maiden name Brooks . . . /s/ Delia Armstrong SARAH E. ANDERSON AGAINST CALEB ANDERSON. 18 Aug. 1876. The only documents are a summons to Caleb Anderson, a security bond and an order of attachment of property. -bp. THE PETITION OF M. D. ANDERSON, a citizen of Jackson Co. TN against Emily Anderson, supposed to be a citizen of Arkansas. 2 Nov. 1891. . . . he and the defendant were married in Decalb [DeKalb] county on the 3 day of Oct. 1882 and lived together till the first day of August 1886. And that on . . . the first day of August 1886 she willfully abandoned him and refused to live with him. . . . the defendant Emily wrote him a letter and told him that he need not put himself to any trouble about her, that she was not going to live with him anymore. . . . . . she was accused of lewdness with Sid Stanton, but how this is your Petitioner does not know. /s/ M. D. Anderson THE BILL OF COMPLAINT OF JAMES ALLEN AGAINST MARTHA ALLEN, BOTH OF JACKSON CO. TN. 27 May 1893. . . . he and the defendant were intermarried in Jackson Co. TN on or about the [blank] day of August 1887 and lived together as man and wife for about three months when the defendant without cause on the part of your respondent, abandoned him, saying when she left him that she would never again live with and cohabit with your respondent any more, no matter what he said or done. . . . he and the defendant have no children as the issue of their marriage aforesaid. Asks for divorce. James Allen (his mark) THE BILL OF COMPLAINT OF ELIZA J. ALLEN OF JACKSON CO. TN AGAINST RUFUS ALLEN OF PARTS UNKNOWN. 7 Feb. 1888. . . . she and the defendant was married in Jackson Co. TN on the 2nd day of Jan. 1884 and lived together as man and wife until about the first of March, thereafter at which time he willfully and maliciously abandoned your oratrix without any cause . . . your oratrix is informed that defendant Allen went to Arkansas, that he has failed to provide one thing for her support since that time. Your oratrix has heard that Rufus Allen has married since he went to Arkansas. Asks for divorce, and that her name be changed to Eliza J. Moss, her maiden name. Eliza J. Allen (her mark) THE ANSWER OF DAISY ANDERSON TO THE BILL OF COMPLAINT OF WM. C. ANDERSON. . . . she was pregnant at the time of their said marriage and that complainant left her for a time. . . . after complainant returned from a trip to California . . . She says that they have had sexual intercourse on several occasions since their separation, and she is now pregnant by him. /s/ Daisy Anderson THE BILL OF COMPLAINT OF WILLIAM C. ANDERSON AGAINST DAISEY ANDERSON, BOTH OF JACKSON CO. TN. 4 June 1907. . . . he and defendant were married in Jackson Co. TN on the 25th Dec. 1905, that they lived happily together until sometime in the month of March following when your orator discovered that the defendant was . . . in an advanced state of pregnancy by some person other than complainant and that he did not know that defendant was in the condition aforesaid at the time he entered into the marriage relation with her. He charges fraud. He left her soon after his discovery and soon after she gave birth to a "bouncing baby boy." /s/ W. C. Anderson THE BILL OF COMPLAINT OF MARTHA ANDERSON AGAINST F. T. ANDERSON, BOTH OF JACKSON CO. TN. 7 Aug. 1901. . . . she and the defendant were married to each other on the first day of Aug. 1899 in Jackson Co. TN. For a while after their marriage they lived in the town of Gainesboro and near thereto. During this time the defendant was reasonable, kind and affectionate to complainant, but in a few months after said marriage, the defendant, over the protestations and remonstrations of complainant, moved into the house of his mother, who kept a lewd house and who was known as a notorious lewd woman and kept such a house as lewd and lascivious men and women frequent . . .Your complainant being a child of very tender years, only about 13 years of age, so she seriously objected to going among and being forced to keep company and live in a bawdy house . . . forced her to move into the house with his mother . . . your complainant was forced to withdraw for a time from said house and go to the uncle of the defendant and hire and work for something to eat, but in a short time thereafter the mother of the defendant moved to the State of Kentucky near Black's Ferry as complainant is informed and then she and defendant again commenced to keep house, but he failed to provide any means for their support . . . in a short while after his mother moved to Kentucky the defendant left and abandoned your complainant, saying at the time he was going to his mother in Kentucky . . . so complainant came back to her relatives near Gainesboro . . . Martha F. Anderson (her mark) -------------------------------------------------------------------------------- NEW: BAILEY, DAVIS & CO. VS. GORE, W. C. ET. AL. CHANCERY, 1880. THE BILL OF COMPLAINT of Dan H. Bailey, Calvin N. Davis & George Searight, Merchants trading under the firm name & style of Bailey, Davis & Co. in Nashville, Davidson Co. TN against W. C. Gore, Sophia Gore, Jessee Gore, James Gore & Bennatt Gore. The said W. C. Gore is a citizen of the State of Texas and the other defendants are all citizens of Jackson Co. TN. No date. . . . W. C. Gore is indebted to them . . . The defendant W. C. Gore has fraudulently disposed of all his personal property and has run away from the State of Tennessee. The said defendant W. C. Gore is the owner of the following described tract of land, lying in the 1st Civil District of Jackson Co. TN in Tally's Hollow and bounded as follows, to wit, containing 150 acres more or less . . . near George Gentry's house . . . conditional line made by George Gentry, B. B. Chaffin & J. M. Loftis . . . William Loftis line . . . field now owned by Woody Denson . . . crossing the Morrison's Creek Road . . . corner of the widow Stamp's dower tract . . . Your orators state that defendant Sophia Gore is the wife of W. C. Gore, by whom she has been abandoned. Jessee Gore, James Gore and [blank] Gore are the only children of the said W. C. Gore. The said Jessee Gore is about seven years of age, the said James Gore is about five years of age and [blank] Gore is about three years old. The said Sophia Gore and said minor children of the said W. C. Gore now live upon said lands and occupy the same. -------------------------------------------------------------------------------- NEW: BAILEY, DAVIS & CO. VS. HARLEY, H. J. ET. ALS. & ORDWAY, DUDLEY CO. VS. HARLEY, H. J. ET. ALS. CHANCERY, 1879.17 Sept. 1881. This case is about debts. I don't see anything of genealogical interest in it. - bp. -------------------------------------------------------------------------------- NEW: BAILEY, JULIA VS. BAILEY, FRANK. CIRCUIT, 1878. THE BILL OF COMPLAINT OF JULIA A. BAILEY AGAINST FRANK BAILEY, BOTH OF JACKSON CO. TN. 28 Nov. 1878. . . . she and the defendant were married in [Jackson Co. TN] on the 13th day of August 1878 and have been resident citizens of said county every since that date. She charges that for some time after their marriage she and the defendant lived peaceably and happily together but lately he, the defendant, has become ill and disagreeable toward her. She charges within the last few weeks the defendant has whipped her twice with a piece of board and yesterday the 27th day of Nov. 1878 the defendant cursed and abused her, calling "damn bitch" and other degrading names . . . whipped her violently with a board and told her she had to leave the next morning, which she did. . . . she went to see her mother, a distance of about one half mile. She asks for divorce and that her name be changed from Julia Bailey to that of Julia McCormmack, her maiden name. Julia A. Bailey (her mark) -------------------------------------------------------------------------------- NEW: BANK OF GAINESBORO VS. LEE, S. A. ET. AL CHANCERY, 1894. This case is about debts. Nothing of specifically genealogical interest. -bp. -------------------------------------------------------------------------------- NEW: BANK OF LEBANON VS. MC KINLEY, M. L. ET. AL. CHANCERY, 1887. Deposition taken: 28 & 29 May 1891. DEPOSITION: S. G. STRATTON. I am the cashier of the Bank of Lebanon TN, in Lebanon TN [Wilson County]. THE BILL OF COMPLAINT of the President and Directors of the Bank of Lebanon of Wilson Co. TN against M. L. McKinley, S. F. McKinley and her husband James D. McKinley, citizens of Jackson County TN. No date. . . . M. L. McKinley . . . his mother, the defendant S. F. McKinley . . . his father, J. D. McKinley . . . . . . M. L. McKinley, being a single man and not the head of a family . . . THE JOINT AND SEPARATE ANSWERS of M. L. McKinley, S. F. McKinley and J. D. McKinley. No date. She [M. L. McKinley] states that her husband is gone a great part of his time trading in the South, absent for many months at a time . . . -------------------------------------------------------------------------------- NEW: BANK OF GAINESBORO VS. YEAMON, J. H. ET. AL. CHANCERY, 1905. SPECIFICATIONS for the new Bank of Gainesboro building by Jas. H. Yeaman, architect, are included. Deposition taken: 9 March 1906 at Nashville TN. DEPOSITION: JAMES H. YEAMAN. 46 years old, residence Nashville, occupation architect and contractor. Evidently he built the Court House [speaks of having bricks left over from that building]. -bp. /s/ Jas. H. Yeaman Deposition taken: 31 May 1906. DEPOSITON: W. A. RASH. Age 51, residence Gainesboro TN. I was the agent for Mr. Yeaman at that time, drew the payrolls, paid the hands for their labor. DECREE. Sept. 1906. This is a dispute between the architect/contractor and the Bank about costs and payment for building the new bank building. The contractor, J. H. Yeaman, was ordered to pay the bank $1931.78. Depositions taken: 14 Sept. 1906 in Nashville TN. DEPOSITION: J. P. FULCHER. 50 years old, residence Nashville, occupation brick maker and contractor. Been in the brick business 25 years. /s/ J. P. Fulcher DEPOSITION: T. L. HERBERT. Brick maker and builder for 30 years. /s/ T. L. Herbert DEPOSITION: W. BUSH SNEED of Nashville TN. Age 36, Secy. and Treas. of Bush Building Co. Been in the brick business 15 years. /s/ W. Bush Sneed Deposition taken: 5, 6 & 7 Sept. 1906. DEPOSITION: T. D. WOOTEN. Age 42 years. Residence Carthage TN, occupation contractor and builder. I constructed the First National Bank at Carthage and the Hotel Walton at Carthage and also the Annex used by the Smith Co. Bank. /s/ T. D. Wooten Deposition taken: 14 & 15 Aug. 1905. DEPOSITION: J. A. WILLIAMS. I am 67 years old and I reside in Gainesboro TN. My occupation farmer and Banker. I am cashier [in the Bank of Gainesboro]. The Bank appointed a Building Committee consisting of Mr. J. T. Anderson, B. L. Quarles, D. B. Johnson, myself and R. V. Brooks. /s/ J. A. Williams Deposition taken: no date. DEPOSITION: B. L. QUARLES. Age 35, residence Gainesboro TN. Merchant, firm name Quarles, Sadler & Quarles. I am a Director of said Bank [of Gainesboro]. /s/ B. L. Quarles -------------------------------------------------------------------------------- NEW: BANK OF GAINEBORO VS. YORK, WM. ET. ALS. CHANCERY, 1896. THE CROSS BILL OF WM. YORK, GUARDIAN OF J. M. G. YORK AND J. M. G. YORK TO THE BILL OF COMPLAINT of the Bank of Gainesboro against them which Bill they have this day answered, and in order to avoid multiplicity of suits, they ask to add another party in addition to complainants, that of W. H. Lee who is the administrator of S. A. Lee, deceased, a citizen of Jackson Co. TN. No date. . . . S. A. Lee died intestate in Jackson Co. TN on the [blank] day of [blank] 1895 and that defendant W. H. Lee was soon thereafter appointed, bonded and qualified as his Administrator. That the estate of S. A. Lee is insolvent, and that S. A. Lee was hopelessly insolvent for some time prior to his death. Cross complainants charge that on the 26 day of May 1894 S. A. Lee sold and conveyed by Deed the fee simple title to three tracts of land lying contiguous to each other on the North Side of Cumberland River in District No. [blank] of Jackson Co. TN . . . The said S. A. Lee placed your [?] complainants in immediate possession of said lands and they held same undisturbed until the 25th day of [blank] 1895 when S. P. Fowler and Lon Coomer and wife Annie R. Coomer, heirs of V. M. and Lou M. Fowler filed their Original Bill of Complaint against respondents which seeks to eject and recover said lands from respondents by virtue of a supposed Superior and paramount title in them as heirs of Lou M. Fowler, their mother. They charge in said Bill that James G. Cunningham, the father of Lou M. Fowler, devised the first tract of the lands described [in the Deed] to Lou M. Fowler in the year 1874, that V. M. Fowler and Lou M. were at that time married and had children born alive to them and that after the death of James G. Cunningham and the probate of his Will, to wit, on Aug. 12, 1874, V. M. Fowler, the husband, being then tenant by the Curtesy initiate sold and conveyed the first tract described to V. C. Lee (the ancestor of S. A. Lee), that Lou M. Fowler signed and acknowledged said Deed but her name not appearing in the operation and conveying part of said Deed, she did not convey her interest in said lands and it was alone the Deed of the husband and that V. C. Lee held only the life estate of V. M. Fowler in said lands and that the complainants in said case were entitled to the remainder interest of their mother who had previously died and that same had vested in them by the death of their father which occurred in Sept. 1889. DEED. 29 May 1894. For and in consideration of the sum of $5000, I, Samuel A. Lee, do hereby transfer and convey unto William York for his ward John M. Gipson York all my right, title, claim and interest in and to the following described land lying in Civil District No. 13 of Jackson Co. TN. 1st tract bounded as follows, to wit, . . .bank of Cumberland River Margaret A. Herod's northwest corner . . . Denton Moore's line . . . containing 195 acres . . . The same purchased by V. C. Lee of V. M. Fowler and wife Aug. 12, 1874. 2nd tract, Beginning on Newton Moore's and Andrew Vanhooser corner a stake in V. C. Lee's line . . . containing 30 acres, more or less. 3rd tract, . . . Gus Lock's north boundary line . . . James Buckhaurn's corner . . . V. C. Lee's corner . . . containing 15 acres more or less, making in all 240 acres more or less. Samuel A. Lee (his mark) -------------------------------------------------------------------------------- NEW: FIRST NATIONAL BANK OF SPARTA VS. HICKORY SPOKE WORKS, ET. AL. CHANCERY, 1915. THE SEPARATE ANSWER OF EMMA BURRIS, ALIAS EMMA MC COIN. 15 April 1916. Respondent admits that she was a complainant in the case of Emma McCoin vs. A. M. McCoin in the Chancery Court at Gainesboro TN and that M. G. Butler . . . was one of her counsel in said case. Respondent states that her solicitor's fee in said case was $250 and that she paid him out of the alimony pendente lite prior to the April term of the Chancery Court 1915, $100, [she has since paid him another $100 and now only owes him $50]. THE BILL OF COMPLAINT OF THE FIRST NATIONAL BANK OF SPARTA TN AGAINST HICKORY SPOKE WORKS, ET. AL. 4 Oct. 1915. Your complainants would respectfully show that it is a Banking Corporation incorporated under the laws of the United States with it's place of business at Sparta, White County TN. That the defendant, Hickory Spoke Works, is a corporation incorporated under the laws of Tennessee, but having no office or place of business at any place at this time, as far as is known to this complainant, but one of it's officers, S. G. Butler, Secretary and Treasurer, is a resident of White County TN. . . . seeking a recovery on three notes, signed by Hickory Spoke Works, principal, S. G. Butler and M. G. Butler, sureties. . . . . . sought as against [J. R.] Tubb to foreclose a certain deed of trust which he held on the property of defendant M. G. Butler. . . . . . M. G. Butler is insolvent and nothing can be made out of him by execution of law, that he has heretofore disposed of all his property subject to execution and nothing can be made out of him by execution at law. The other defendants, S. G. Butler and Hickory Spoke Works, are wholly insolvent it is informed and believes. . . .alleged that on the 14th of April 1913 the defendant M. G. Butler executed to the defendant Nannie Butler, wife of M. G. Butler, a deed for about 100 acres of land, what is known as the Blue Grass Pasture, lying near the town of Gainesboro TN. . . . Hickory Spoke Works, of which concern said S. G. Butler was the Chief Stockholder or at any rate, was the leading spirit therein. Complainant avers that in the case of Gale Berry vs. E. M. McCoin et. al., brought in the Chancery Court of Jackson Co. TN and appealed to the Court of Civil Appeals for the Middle Division of TN . . . Complainants in that case recovered a one half interest in a tract of valuable land in Jackson Co. TN, described as follows: Being the land of which one J. J. Mercer died seized and possessed, and willed on the 11th of Feb. 1887 to James J. Mercer, Jr., George Campbell Mercer, Lorenzo D. Mercer and Luther Mercer and by them transferred to Gail Berry on the 15th of Oct. 1902 . . . That since the recovery in the case of Gail Berry vs. E. M. McCoin et. al., Gail Berry has died and his sons, T. N. Berry and George Berry and John Berry have succeeded to his rights. Mrs. Marcus Cooper is the widow of William Cooper and J. R. and J. W. Cooper are the only sons and administrators of the estate of William Cooper, deceased. J. R. Tubb is the father-in-law of young S. G. Butler, hereinbefore referred to and the son of M. G. Butler, and is a man of some wealth and runs a considerable manufacturing business in the town of Sparta TN and since the business of young Butler, to wit, the Hickory Spoke Works, has collapsed and said Tubb is employing him . . . THE JOINT ANSWER OF JAMES MERCER ET. AL. 11 Nov. 1914. . . . they seek to recover a one undivided half of the lands of which J. J. Mercer died seized and possessed. Signed: James Mercer, Ned Mercer, G. C. Mercer, Lorenzo Mercer, Luke Mercer, Johnnie Mercer, Melia P. Painter, Henry Painter, Consada Lynn, John W. Lynn, Eliza Burris, James Burris, Nellie Huffhines [Huffines], Roscoe Huffhines [Huffines]. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. BROWN, U. T. AND OTHERS. CHANCERY, 1860. THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee, citizens of Davidson Co. TN against Uriah T. Brown, Leroy Joe Brown, Jimmerson Brown, Thomas J. Draper and James Draper of Jackson Co. TN , Jefferson Jones of Davidson Co. TN and James H. Lee of Texas. This is about debts. Nothing specifically genealogical. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. CASSETTY, THOMAS D. CHANCERY, 1869. THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against Thomas D. Cassetty of the County of Davidson , William Gore, Peter G. Cox, George M. Ray and James W. Draper of the County of Jackson. No date. . . . S. S. Stanton died about the [blank] day of [blank] 1864, intestate . . . -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. CRAIGE, LARKEN B. ET. ALS. CHANCERY, 1868. Again, about debts. -bp. THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against Larkin B. Craige, William Craige and Dudley Brown of Jackson Co. TN and L. B. Craige of Smith Co. No date. . . . the defendant William Craige has departed this life intestate in the county of Jackson and State of TN, he has no estate that your Orators are aware of and the said defendant has been dead more than six months and no one will administer on his estate . . . -------------------------------------------------------------------------------- NEW: BANK OF TENNESSEE VS. ELDRIDGE, THOMAS, ET. AL. CIRCUIT, 1860. The President and Directors of the Bank of Tennessee against Thomas Eldridge, George W. Chastain, David Graham and Jesse Eldridge. This is about debts, and there is nothing specifically genealogical in the case. -bp. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. FOX, BENJAMIN ET. AL. CHANCERY, 1866. THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee of Davidson Co. TN against B. Fox, C. C. Price and W. H. Fox of Jackson Co. TN except W. H. Fox who has removed to parts unknown. 27 Sept. 1866. . . . R. J. C. Gailbreath who is now dead . . . This case is about debts. -bp. ORDER TO THE SHERIFF to attach land. 2nd Monday in July 1867. . . . attach the tract of land whereon the defendant Wm. H. Fox lived in 1865, now occupied by Andrew Dudney, lying on the waters of Flynn's Creek in Jackson Co. adjoining the lands of Pinkney McCarver and others . . . -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. GIPSON, TOBIAS ET. ALS. CHANCERY, 1859. The President & Directors of the Bank of Tennessee vs. Robert McClendon, Robert J. C. Gailbreath, Tobias Gipson & Stewart F. Murray. About debts. -bp. DECREE. The Bank of Tennessee vs. Tobias Gipson, Russel M. Kinnaird and Thomas L. Bransford. No date. . . . Tobias Gipson . . . purchased of his now co-defendants Kinnaird and Bransford three tracts of land, lying in Jackson Co. District No. 10 on Bowerman's Branch of Blackhorn's fork of Roaring River, one is a 100 acre tract Granted by the State of Tennessee to Richard Mansel upon which defendant Gipson now lives, one a 56 acre tract Granted by said State to said Mansel adjoining and lying immediately west of the 100 acre tract and the other a 50 acre tract Granted by said State to Balum Chaffin lying immediately south of the said 100 acre tract. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. NICHOLAS HALE ET. AL. CHANCERY, 1850. THE BILL OF COMPLAINT of the President & Directors of the Bank of Tennessee against Nicholas Hale, William Nations and William Hale of the State of Arkansas and Reuben Beck of Jackson Co. TN. 14 July 1850. This is about debts. -bp. Nicholas Hale, previous to his removing from the state, sold and conveyed to the defendant Reuben Beck several tracts of land lying in Jackson Co. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. HAWKINS, WM. ET. ALS. CHANCERY, 1869. THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against William Hawkins, Samuel G. P. Gore, John R. Hampton and Ensley Wilmore and Jerry R. Roberts, citizens of Jackson Co. TN and William Hamilton, a citizen of the State of Illinois. 13 July 1869. About debts. -bp. . . . Sheriff Willmore levied on a tract of land bounded as follows, on the lower end of the land of Thomas Rose and the shop where Henry Kirk worked, on Cumberland River on the north. Said land lies in District No. 8 of Jackson Co. Said land was levied on as the property of defendant William Hamilton and the levy was made by Sheriff Willmore on the 13 day of Oct. 1859 . . . -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. KIRKPATRICK, R. C. ET. AL. CHANCERY, 1867. THE BILL OF COMPLAINT of the President & Directors of the Bank of Tennessee against R. C. Kirkpatrick, J. W. Crutcher, Allen W. DeWitt, B. B. Washburn, L. C. Hall, James G. Cunningham, Lafayette Washburn, Toliver Kirkpatrick and Robert A. Cox of Jackson Co. TN, Joel W. Settle & Watson M. Cooke of the County of Davidson, W. B. Campbell and S. T. Motley of the County of Wilson TN and William M. Clements of the State of Texas. 20 Aug. 1867. About a deed of trust and debts. -bp. . . . L. W. Cassetty has died. . . THE JOINT AND SEPARATE ANSWER of James Crutcher and Cora Crutcher by their guardian ad litem N. B. Young to the Bill of Complaint. 9 March 1880. . . . Joseph Crutcher, the father of his said wards . . . THE SEPARATE ANSWER of Sam'l T. Motley & Wm. B. Campbell, Mary A. Campbell & Margrit H. Campbell, the last three as executor and executrix of Wm. B. Campbell, deceased . . . 8 Feb. 1868. Respondents would state that Wm. B. Campbell, Sen'r. has departed this life leaving a Will, which was duly proven and Respondents Wm. B., Mary A. and Margrit H. qualified as his executor and executrix . . . PLEA of Robert C. Kirkpatrick. 15 April 1872. He was declared bankrupt in March of 1870. -bp. THE JOINT AND SEPARATE ANSWER of Robert Washburn, Archie Washburn, Benj. R. Washburn, Benjamin Williams and Annie McFerren, minor heirs of B. B. Washburn and Watson M. Cooke, dec'd, by their guardian ad litem R. A. Cox. 4 Dec. 1879. -------------------------------------------------------------------------------- NEW: BANK OF TENN. VS. PROCTOR & STUBBLEFIELD. CHANCERY, 1858. Depositions taken: 18 Jan. 1858. DEPOSITION: THOMAS BRYANT. Aged 48 years. I was acquainted with W. W. Goodall, former Sheriff of Jackson Co. TN in 1855. /s/ Thos. Bryant DEPOSITION: ALEXANDER FURGERSON. Aged 38 years. I was acquainted with Goodall, Sheriff of Jackson Co. at the time stated [1855]. Highlands was the property of M. G. B. Stubblefield. I think Highlands was sold to satisfy Douglas's debt. /s/ A. M. Fergusson DEPOSITION: THOMAS H. BUTLER. I was Clerk of the Circuit Court of Jackson Co. in the year 1855. I issued an execution against M. G. B. Stubblefield, Thomas M. Stubblefield and William Proctor in the 28 Dec. 1855. . . The execution is endorsed in W. W. Goodall's handwriting that it came to his hands 18 Jan. 1856 and it was returned to the office by James Draper, Esquire, on the 16 Jan. 1857 Since the death of W. W. Goodall. [This sentence was written this way, without punctuation between 1857 and with Since capitalized. I'm not certain of its meaning. -bp]. /s/ T. H. Butler JURY. Nov. term 1855. Mounce Gore, Zachariah Van Hooser, Peter Polk, Alfred Cornwell, Thomas Hufhines, Albert Kirkpatrick, Reuben Beck, William Speakman, John Jones, Alexander Harlen, James Tinsley and James Strode. EXECUTION. I levy this paper upon Thomas M. Stubblefield's undivided interest in a certain tract or parcel of land lying in Jackson Co. on the North Side of Cumberland river on Wartrace creek in District No. 3 bounded as follows, on the South by John Ray, on the West by A. M. Fergerson and John Ray, on the North by Leonidas Cassetty and others, on the East by Thomas Bryant and John Ray, containing 200 acres. And being satisfied that said undivided interest is insufficient to satisfy the debts and cost I therefore levy on the undivided interest of William Proctor on the same land this 22 Dec. 1856 . . . Depositions taken: 11 May 1858. DEPOSITION: WILLIAM L. STUBBLEFIELD. Aged 38 years. . . . a negro woman named Martha who belonged to Monterville [G. B. Stubblefield]. It was understood then that Martin had a life estate in Green [a slave?] and then he belonged to the children, Monterville being one. /s/ W. L. Stubblefield DEPOSITION: HARVEY W. DRAPER. 40 years. Fergusson afterwards had the negro [Martha] in possession and my understanding was that he had a lien on her for the money that he paid to me. /s/ Harvey W. Draper -------------------------------------------------------------------------------- NEW: BANK OF TENNESSEE VS. RICHMOND, R. F. AND OTHERS. CHANCERY, 1868 - 1870. About debts. Nothing specifically genealogical. -bp. -------------------------------------------------------------------------------- NEW: BANK OF TENNESSEE VS. VINCENT, JOSHUA ET. ALS. CHANCERY, 1869. THE BILL OF COMPLAINT of the Bank of Tennessee against Joshua Vincent and James Burgess, both of Jackson Co. TN. No date. . . . about 4 March 1856 recovered a judgement in the Circuit Court of Jackson Co. against said defendants and one Hugh Pharis for the sum of $150.38 besides $21.40 costs of suit. That said Hugh Pharis has since died intestate and insolvent and that no administration has ever been had on his estate, that he has been dead several years and no one can be procured to administer on said estate. -------------------------------------------------------------------------------- NEW: BARLOW, T. W. & OTHERS VS WILLIAMS, WM. & OTHERS. CHANCERY, 1901. DEED. 7 May 1849. James Neely of Jackson Co. TN sold to William E. Smith of same, for $293.00, a tract of land lying in Jackson Co. TN in District No. 8 and on the waters of the dry fork of Mill creek containing by estimate 130 acres more or less and bounded as follows, . . . corner of a hundred acre tract Granted to Reece Morrell running north with said line to a tract that Richard Castell formerly lived, then west with said line to the Branch from James Spivy's spring and up said branch to a conditional line made by Reuben Price and John Orgathorp [Oglethorpe?] . . . the field that lies between James Spivy and James Neely . . . a 50 acre tract Granted to Reuben Price . . . to Daniel Stull line . . . s/s James Neely DOWER. No date. We the undersigned commissioners having been summoned and duly sworn to lay off and assign dower to Mahala Smith, wife of Wm. Smith, deceased (now the wife of James Spivy) out of the real estate of Wm. Smith, deceased . . . Dower of 139 acres laid off. Commissioner's names not included. Only first page of document is present, remainder evidently missing. Plat included. Deposition taken: 12 April 1901. DEPOSITION: JOSEPH WHITAKER. I was 38 last Dec. and reside in Jackson Co. TN. /s/ Jo Whitaker Depositions taken: 6 Dec. 1900. DEPOSITION: W. R. HARRIS. Age 54 years. I have known it [the land in dispute] 40 or 45 years. I lived on the land with my father when I was a boy. He [my father] did not own it, just rented it from Mahala Smith afterwards Mahala Spivey. [Mahala Spivey] has been dead about 10 or 15 years. Quest. Who next owned or claimed this land after her death? Ans. R. P. Brooks and John Gipson. Quest. Who next owned and claimed it after Brooks and Gipson? Ans. George Abney and John Hamilton I think. Quest. How old were you when you lived with your father on the land you have spoken of? Ans. I guess I was ten or twelve years. I don't know exactly. Quest. How long did you live there with your father? Ans. I lived there a year or two. Quest. How far have you lived from the land since? Ans. I have lived right around it, not over six or seven miles. W. R. Harris (his mark) DEPOSITION: JOHN WILLIAMS. I am 77 years old. I bought it [the land in dispute, known as the James Neely tract] from Saire Fowler. Has been 40 or 50 years [since I bought it]. I owned it six or eight months and swapped it with Wm. Ellis. He [Ellis] let Bill Smith's brother have it and he let W. E. Smith have it. Quest. What was W. E. Smith's wife named? Ans. Mahala. And she married Jimmy Spivey after Smith's death, was known as Mahala Spivey. John Williams (his mark) Depositions taken: 28, 29, & 30 March 1901. DEPOSITION: JESSE HOOTON. I am 67 year old. I reside in the 6th Civil District of Jackson Co. I am a farmer and a Minister of the Gospel. I have been a Minister of the Gospel 22 years. Mahala Smith owned the land when I first knew it. I taught school in that neighborhood. Quest. Did any house stand on the Neely lands in 1855? Ans. Yes, Sir. A cabin. It was called J. R. Gordon cabin. /s/ Jesse Hooton DEPOSITION: MART PHILPOT. Age 54 years. [Residence] 6th Civil District of Jackson Co. Known the land [in litigation] 15 or 18 years. Mart Philpot (his mark) DEPOSITION: JOSEPH LYNN. Age 74 years. I live in the 6th Civil District of Jackson Co. TN. Quest. How long have you lived in the 6th District of Jackson Co.? Ans. Since 18 and 50 some odd [sic]. Quest. What offices of trust have you held, if any, in Jackson Co. TN? Ans. I have been Constable two or three times and have been Justice of the Peace three or four times and Deputy Sheriff six years and tax assessor five years before this term and am assessor now. When I was a boy my Daddy lost some hogs and went there [to the Neely land] to find them . . . /s/ Joseph Lynn DEPOSITION: T. N. BERRY. I am 43 years old. I am a farmer. /s/ T. N. Berry DEPOSITION: H. M. STACY. I live in Jackson Co. TN near the Antioch Church. There is a house, stable and enclosures and a field enclosed on this land inside of these boundaries [of the land in controversy]. Sim and John Barlow live there. [Mahala Smith] owned and had possession of said land for several years before, but she did not own it at her death. She had sold it or had moved off eight or ten or twelve years before her death. /s/ H. M. Stacy DEPOSITION: G. M. FLYNN. I am 55 years old. I know the land in controversy. It is about three miles from where I live now. I was principally raised on adjoining lands and have known it ever since I could remember. My brother married her [Mahala Smith-Spivey's] daughter and he filed a bill soon after the War and had it sold and then it passed into other hands. R. P. Brooks and J. M. Gipson bought it at this sale. During the Civil War Mahala Smith and Jim Spiva [Spivey] were married and they moved from where she lived, where T. W. Barlow now lives, and they moved over to Spiva's place and then they moved back to her place where Spiva died. /s/ G. M. Flynn DEPOSITION: J. E. HAMMON. I am 54 years old and reside in 8th District of Jackson Co. TN. Occupation a farmer. I married a daughter of W. E. and Mahala Smith. I know two roads leading to the Morrell Mill. Now Nate Vaney's Mill. One leads through Mr. Barlow's (the complainant's) new ground, between Jack Flynn's and Mr. T. W. Barlow's, also there was one that turned off up there at those rocks above Mr. T. W. Barlow's. The other Morrell Mill road turned off of the Cumberland River road at the corner of Natt Vannoy's field and Lee Phillipps' next to Lee Phillipps' and went down to the Mill. Quest. Does not complainant T. W. Barlow live between these Spivy lands and Jack Flynn's? Ans. Yes, Sir. Quest. From whom did you buy your land, the land on which you now live? Ans. From Wm. Lunday, but the title lay on Mr. Gail Berry. Mr. Gail Berry got it from Alex Bales . . .Gail Berry had to pay the debt to Bales for Hull. So he took the land. The land was Granted to old man Alex Bales. He, Bales, entered 1000 acres and this is a part of his Entry. Quest. Who is your land bounded by on the South? Ans. Parazada Burks. Quest. Is or not the Parazada Burks land the same land Granted to one Wm. Ellis? Ans. Yes, Sir, that is what I am told. Quest. Tell if you can who all have lived on this Neely tract of land, that is now in controversy in this suit. Ans. Gust Rose, Admr. of W. E. Smith, told me that old man Maci Stacey was the first man he ever knew of living on the land. Old man Ellis, Wm. Ellis, he said lived on the land. A fellow by the name of Carpenter lived on it. Dave Vancy, Geo. Harris, Andrew Pryor, then Sim Barlow and them bought the land . [Mahala Smith] rented the land to Carpenter, Dave Vancey, Geo. Harris. I have lived away from this country in the State of Kentucky for 26 years; moved to Kentucky in 1871. /s/ Jon E. Hammans Depositions taken: 28, 29, 30 & 31 May & 1 June 1901. DEPOSITION: E. L. JACKSON. I am a practical surveyor. Have been such about 30 years. /s/ E. L. Jackson DEPOSITION: DALLAS HARRIS. Age 37. I live in Overton Co. TN. Occupation farmer and blacksmith. . . . Will Harris, a brother of mine . . . /s/ G. D. Harris DEPOSITION: WILLIAM R. HARRIS. . . . me and my brother Dallas Harris . . . W. R. Harris (his mark) DEPOSITION: JOHN COX. 31 years old. Reside in 6th Civil District, Jackson Co. TN. Occupation farmer. I am Constable [in Jackson Co. TN]. /s/ J. P. Cox DEPOSITION: W. R. POSTON. 32 years old, past. /s/ W. R. Poston DEPOSITION: T. W. BARLOW. . . . one of the complainants . . . I and complainant John P. Barlow [own the land in dispute]. The Hillham Lumber Co. came over on our land and cut something like 365 trees I reckon and hauled it off. We bought the land in Jan. 1898 . . . My boy, John P. Barlow . . . Quest. How old are you? Ans. About 52 years old. Quest. How long have you lived in the section where you now live? Ans. Little over two years. /s/ T. W. Barlow DEPOSITON: J. P. BARLOW. Quest. Who are the owners of said Mahala Spiva place? Ans. Myself and my father (T. W. and J. P. Barlow). Me and my brother Sim Barlow . . . [I am] 30 years old. /s/ J. P. Barlow Deposition taken: no date. DEPOSITION: W. R. GREENWOOD. My father always told me that I was born April 2, 1844. That is the record of my age. Jackson Co. (6th District thereof) is my residence. Occupation farmer. I have known the lands [in dispute] for 40 odd years. I live between three and four miles of the lands. I have been living where I am at for two years. I lived in Kentucky three years and between eight and nine miles of it, the land, for twenty years and in my young days when I was married in 1866 all around the lands and worked on the lands. This case was evidently settled by compromise. There are at least three documents about a compromise, which I did not read closely. -bp. -------------------------------------------------------------------------------- NEW: BARNES, JOHN VS. WELCH, GEO. ET. ALS. CHANCERY, 1847. There is bad bleedthrough of most of this record, making it very hard to decipher. -bp. Depositions taken: 18 Nov. 1847. DEPOSITION: GEORGE WELCH. About the age of 69 years. On the 19th May 1841, John Welch requested me to write his Will, in which he devised to his wife Polley Welch five tracts of land, in all 143 acres, including the farm and improvements whereon he lived, together with all the household and kitchen furniture and farming tools, stock, etc. during her natural lifetime and after her death the same was to belong to Jessee Welch provided he acted prudently in supporting his grandmother Polley Welch, and all his personal property, except what they acquired during her lifetime (which was to belong to the said Jessee) was to be sold and divided among his lawful heirs. He also gave to his six grandchildren, the children of Ann Choat, deceased, 175 acres of land and Thomas Choat, their father, was to have the use of said land free of rent as long as he chose to. He also relinquished his right and title to 90 acres of land where his still house stood and one brown filly and [unreadable]. The Will which I wrote at his request and now have in my possession does not state to whom it was relinquished. My impression is it was to David Anderson. All the other lands sold and equally divided among his heirs except a six acre tract on the Mountain south of his house that he give to Jessee Welch, and the said John Welch, being sick but of sound mind and disposing memory at the time I wrote the Will was attested by Joseph Pearson and John B. Pointer and on the 21st day of May 1841 the said John Welch requested me to make some alterations in his Will which I did as he directed. He gave his wife six acres more of land, his Blacksmith tools and two notes of $100.00 each and at the death of his wife Polley Welch it all was to go to Jessee Welch together with the profits arising from the same. The balance of this, the second Will, was in substance about the same as the first. My recollection is confirmed by the second Will giving the ninety acres of land and the brown filly to David Anderson. The second Will was attested by Jacob Harpole and John B. Pointer, and I was appointed executor to both Wills and some after that the said John Welch directed me to destroy the Wills, which I done by taking his name off. I heard John Welch say that Jessee Welch was the best boy he had raised. Sometime in Sept. 1846 said John Welch being sick I visited him when the following conversation took place. He remarked to me that if he was to drop off that Jessee Welch and Elvira Welch would get nothing and that he had a notion to make Elvira Welch a deed to some land where Jessee Welch then lived and also to give Jessee Welch a deed to the place where he then lived and to let Jessee give his wife Polley a bond for her maintenance her lifetime and for Jessee to move in the house with his wife Polley and said he, what do you think of it. I told him I did not think it a good plan, for that Jessee was young and might run through with it and have the old lady in an awkward situation. He then observed that if he could sit up and write that he could put it in the deed and that we talked some three or four times together before the writing was done and it was always to the same import in conversation with said John Welch about writing the deeds to Jessee Welch and Elvira Welch. I suggested to him the name of R. G. Burton and he said that Burton had to go to Gainesboro to Court and I then mentioned Lee R. Taylor to which he consented and I named to Lee R. Taylor what had taken place and he said he would give an answer before he left. He then said if I would dismiss my School the next day and be with him that he would come and do the writing for him and the next morning I told John Welch what conversation had taken place between myself and Lee R. Taylor and the agreement was that the arrangement was to be made and I went and [told?] L. R. Taylor accordingly. We went on and the said John Welch directed me where to find some papers so that he could write the deed to Elvira Welch [smear]. Lee R. Taylor then commenced and wrote a deed from John Welch to Elvira Welch for 320 acres of land, dated the 5th of Oct. 1846 and after said deed was written I saw Lee R. Taylor read the same to the said John Welch and he approved and signed the same and Lee R. Taylor and myself attested the same. After he signed and acknowledged the deed, Elvira Welch came in the house where we were and the said John Welch handed the deed to Elvira and said here is a plantation I give you and if you tell it I take it from you. She held the deed a short time and I said to her to give it to me and I would take care of it for her and she handed it to me. We then went to dinner. After dinner we went in the room where the said John Welch was and Lee R. Taylor commenced writing the deed from John Welch to Jessee Welch, containing about 283 acres, more or less. When Lee R. Taylor came to setting out the land he was at about where the courses of the Home Tract or the beginning corner was and the said John Welch remarked that there was a plat of the home tract and we was looking for it and he directed me to look in a table drawer and I did so and found it and give it to him. He then pointed to the beginning corner with his finger and directed him to commence there. He then wrote according to the plat of the home place and then directed him to embrace one other tract of 100 acres, also one of 33 acres. After Taylor had finished the deed and postscript [?], he read them over to him. He took the deed and looked over it and then signed and acknowledged the same and Lee R. Taylor and myself attested the same. I believe him [John Welch] to have been of perfectly sound mind and disposing memory at the time he executed the Wills and deeds above mentioned. Quest. Are you acquainted with Jessee Welch? If so, please state what kind of a man he is, whether he is dissipated or not. Ans. I am. I have seen him drunk twice. I think he is good to work. I think the property named in the deeds is worth as much or more than the balance of the estate. /s/ George Welch DEPOSITION: ELIZABETH WELCH. About 63 years of age. . . . [my] husband George Welch . . . Quest. Can you recollect the date of the old man's [John Welch's] death? Ans. He died on the 9th day of Oct. 1846. Quest. Is the old lady, his wife, still living? Ans. Yes. She lives at the place where John Welch lived at the time of his death. Elizabeth Welch (her mark) DEPOSITION: POLLEY WELCH. About 72 years of age. Quest. Please state whether you were acquainted with John Welch, deceased. Ans. I was, nearly fifty years and he was my husband. Quest. Did you hear the old man [John Welch] say that he wanted his brother George . . . Polly Welch (her mark) DEPOSITION: NEOMY HUDDLESTON. About 38 years of age. Neomy Huddleston (her mark) DEPOSITION: LEE R. TAYLOR. 42 years of age. I was called upon by George Welch to do some writing for his brother, John Welch, on the evening before he died . . . . . . he [John Welch] observed to me that he had two orphan children that he wanted to make some provision for . . . /s/ Lee R. Taylor DEPOSITION: JOSEPH PEARSON. 39 years of age. /s/ Joseph Pearson DEPOSITION: JOHN B. POINTER. 45 years of age. I think I was there [at the home of John Welch] about fifteen times as his physician . . . /s/ John B. Pointer DEPOSITION: DAVID F. HUDDLESTON. 27 years of age. David F. Huddleston (his mark) DEPOSITION: I. J. N. LOLLAR. 26 years of age. Quest. What relation are you to Jesse Welch? Ans. I am not in no shape, manner or form. Quest. Is not your wife and Jesse Welch relation? Ans. I suppose them to be cousins. Quest. Have not you always understood that your grandfather and Jesse Welch's grandfather, that is, John Welch, were cousins? Ans. I have heard such talk, but as to the fact I do not know. /s/ I. J. N. Lollar DEPOSITION: HUGH G. HUDDLESTON. 42 years of age. Hugh G. Huddleston (his mark) DEPOSITION: HENRY WILLIAMS. 21 years of age. Henry Williams (his mark) DEPOSITION: JOHN L. HUDDLESTON. 36 years of age. /s/ J. L. Huddleston Depositions taken: 12 Jan. 1848. DEPOSITION: JOHN A. BRADFORD. About 51 years of age. I saw Mrs. [Margaret A.] Queen at John Watson's and in conversation with her she asked me how the law suit was going and I asked what law suit and she replied that John Welch's heirs and her brother George Welch were going to law about the estate left by her brother John . . . /s/ John A. Bradford DEPOSITION: POLLEY WELCH. About 73 years of age. Quest. State if Jessee and Elvira are the grandchildren of John Welch, deceased. Ans. Yes, they are his grandchildren. Quest. Were there several other grandchildren? Ans. Yes there is. But two, Jessee and Elvira, was orphans and not under protection of a father at the time of his [John Welch's] death. Quest. What age was Jessee when John Welch took him in his house to raise him and how long did he keep him? Ans. He was 14 days old when he took him. And he lived with him until he married and then one year after and at the end of the year after he married he let him go on one of his places and just the [year?] he, John Welch, died he took him in the house to live with him again but he, Jessee, had not moved his plunder to the house of John Welch until after his death but Jessee and his family came to live in the house with him before his death at the request of him, John Welch. Quest. Please state whether Jessee and Elvira Welch are not illegitimate children or not. Ans. Yes they are. Quest. Please state who is said to be the father of Elivira. Ans. Levi L. Murphee is said to be her father. Quest. Please state whether or not part of the grandchildren of John Welch, to wit, Anna Choate's children, if they was not very poor and had no mother to take care of them. Ans. Anna Choate is dead and her children has no mother to take care of them and they are also poor, but their father is living. Quest. Please state whether Elvira is not most a woman gone and the balance of Anna Choate's children are small children or not. Ans. Elvira is most grown and the balance of the children [of Anna Choate] are all small and not able to make a living for themselves except one which would leave four small children. Quest. Please state whether Elvira has not gone to live with Levi L. Murphee or not, and whether or not he is able to take care of her. Ans. Yes, she has gone there to live but as to his circumstances I cannot say. Thomas Choate raised Elivira until she was able to have got her living by her work and she remained at Choate's some time after the death of her mother. Polly Welch (her mark) DEPOSITION: JOHN B. POINTER. About 45 years of age. /s/ John b. Pointer DEPOSITION: SAMUEL WELCH. About 45 years of age. Much of this is very hard to read, but apparently his father had already given him some land some years back, as well as, possibly, some money -bp. . . . my brother James . . . . . . [my] uncle Geo. Welch . . . There is some mention of an Isaac Welch, but I cannot determine the relationship. This Isaac is elsewhere as a letter was written to him. -bp. . . . John Welch and John Barnes, his son-in-law . . . . . . John Welch complained of William Stone, his son-in-law . . . /s/ Samuel Welch Depositions taken: 4 Jan. 1848. DEPOSITION: BENJAMIN MC KEE. Benjamin McKie (his mark) DEPOSITION: MARY ANN WELCH. About 50 years of age. . . . I was noticing my brother John [Welch] . . . Mary Ann Welch (her mark) DEPOSITION: MARGARET QUEEN. About 47 years of age. Margaret Queen (her mark) DEPOSITION: JANE STONE. About 42 years of age. I am the daughter of John Welch and wife of William Stone. Quest. Are you the mother of defendant Jesse Welch? Ans. Yes, I pass for it. THE BILL OF COMPLAINT of John Barnes and Margaret his wife, James Terry and Martha, William Stone and his wife Jane, James Shoat [Choat], Austin and John Shoat [Choat], Mary and Rachel Shoat [Choat], infants by Thomas Shoat [Choat] their guardian against Jesse Welch and Alvira Welch, infants, by George Welch, the two former of Jackson Co. and the latter of the County of White, all of Tennessee. . . . John Welch lately departed this life in the County of Jackson . . . NUNCUPATIVE WILL OF JOHN WELCH. Filed 27 Jan. 1847. Several of his children say that they heard John Welch say, on his death bed, that he wanted his wife to be well supported and the remainder of his estate to be divided equally among his heirs. -bp. . . . John Barnes and James Terry, his sons-in-law, and Samuel Welch his son. Depositions taken: 12 Jan. 1848. DEPOSITION: HENRY BOHANAN. I heard him [John Welch] say that if Jesse Welch married Cinda Huddleston that he should not have any portion whatever, no nothing, off of the place. Quest. If Jessee Welch married the girl you spoke of or not, please state it. Ans. It is my understanding that they were married and they are now living together as man and wife at this time. I have been living there [with John Barnes] off and on for six or seven years or more. [John Barnes] is my uncle. Henry Bohanan (his mark) DEPOSITION: AUSTIN CHOAT. About 32 years of age. In conversation with John Welch I have heard him say that he allowed Lewis Huddleston was urging Jessee Welch up to marry thinking that he would give him the land and then he would fool Jessee out of it, but if he married the girl he never should have nothing off of the place. Quest. How long since Jesse married Cinda? Ans. I do not recollect, but it has been between three and five years. Quest. State if John Welch was your wife's grandfather and whose daughter she was. Ans. It is my understanding that John Welch is her grandfather and she is the daughter of John Barnes. /s/ Austin Choate THE ANSWER OF LEVI L. MURPHEE, to the Bill of complaint. 23 Feb. 1847, Overton Co. TN. Levi L. Murphee is the guardian of Alvira Welch and Jessee Welch. /s/ Levi L. Murphee -------------------------------------------------------------------------------- NEW: BARNES, J. C. VS. DENNIS J. H. ET. AL. CHANCERY, 1901. THE BILL OF COMPLAINT of J. C. Barnes of Putnam Co. TN against J. H. Dennis, Josie B. Young and her husband J. L. Young and Levy Heady, all of Jackson Co. TN. The complainant will respectfully show to the Court that he is the owner, during the term of the natural life of J. W. Cason, in the following described tract or parcel of land, lying and being in Jackson Co. TN and in the 8th Civil District of said county and bounded as follows, to wit: 1st tract: North by the lands of James Cherry, South by the lands of A. D. Hall, West by the lands of George Ray and East by the lands of A. D. Hall. 2nd tract: North by the lands of L. S. Anderson, or his father's old place, South by the lands of Shep Bybee, East by the lands of Wash Bybee and West by the lands of Nathan Bybee. 3rd tract: being the five acre tract on which J. W. Cason lived in the year 1889, adjoining the tract herein first described. Complainant stated and charges that on the [blank] day of Oct. 1889 J. W. Cason and his wife Victoria Cason were the owners in fee simple and absolute of the aforesaid described tracts of land, and on the same day, the [blank] day of Oct. 1889, mortgaged the same to Z. M. Young, for the purpose of securing an indebtedness the said Cason had incurred, for rents to Dr. Z. M. Young. Deposition taken: no date. DEPOSITION: M. J. DIXON. /s/ M. J. Dixon Deposition taken: no date. DEPOSITION: J. C. BARNES. 38 years of age. /s/ J. C. Barnes Depositions taken: 28 Aug. 1901. DEPOSITION: J. W. CASON. Had a retail business selling whiskey. Evidently partnered with M. J. Dixon for a while. -bp. /s/ J. W. Cason DEPOSITION: J. H. DENNIS. /s/ J. H. Denis -------------------------------------------------------------------------------- NEW: BARNES, M. C. VS. BARNES, HICKMAN. CHANCERY, 1904. THE BILL OF COMPLAINT OF M. C. BARNES VS. HICKMAN BARNES, both of Jackson Co. TN. . . . she and the defendant were married in Putnam County TN in March, 1887. She and the defendant have as the issue of their said marriage, five children . . . the eldest a boy named Herbert, age 15 years old in June next, Ervin a boy age 11 years old, Zula a girl age 8 years old, Lula a girl 5 years old, Nellie a girl 4 years old. Complainant and defendant lived together as husband and wife until this morning, when on account of his cruel and inhuman conduct towards her . . . she was forced to withdraw from him. Summary: He has, for the past three months, been making accusations and slanderous statements about the neighborhood, including accusing her of adultery with Jasper Buck. He has also been threatening and abusive. He has failed to support her and her children. -bp. Complainant charges that she inherited about $130.00 from her mother's estate and that she bought a tract of land with $85.00 of her said money, and that on Dec. 7, 1903 she and her said husband sold said land to her brother, J. P. Barnes [this seems like it should be his brother, but it says her brother -bp.] and he executed his two promissory notes for $42.50 each . . . Asks for divorce, custody of children, and all property. -bp. -------------------------------------------------------------------------------- NEW: BARNES, WILLIAM ET. AL. VS MANSELL, WILLIAM. [This file is titled this way, but the case actually seems to be Mansell, William vs. Barnes, William et. al. - bp] CHANCERY, 1846. Depositions taken: 24 Jan. 1848. DEPOSITION: WILLIAM CARR. [William Mansell] moved . . . to South Carolina. He went off in 1842 and came back in Oct. 1845. Quest. State what kin you are to complainant Mansell. Ans. His father in law. /s/ William Carr DEPOSITION: STEVEN D. BURTON. Aged 34 years. /s/ S. D. Burton DEPOSITION: HARDEN BROWN. Aged 25 years. Quest. State what kin Samuel Mansell is to William Mansell. Ans. They are brothers. Quest. State what kin Martin B. and Burrel Mansell is to William Mansell. Ans. William Mansell is their uncle. Quest. State what kin Michael Moore is to William H. Barnes. Ans. William H. Barnes is his uncle by marriage. DEPOSITION: WILLIAM M. C. BROWN. Aged about 36 years. I have been acquainted with Wm. Mansel about 17 or 18 years. He has always lived in the lower end of this county until he started to South Carolina. /s/ William M. C. Brown DEPOSITION: JAMES M. C. BROWN. Aged 34 years. [Complainant Mansell] has lived in the lower end of Jackson County for 15 or 20 years. /s/ James M. C. Brown DEPOSITION: JOHN LEE. Samuel and David Mansel is brothers to William Mansel and Martin B. Mansel and Burrel are nephews to William Mansel. /s/ John Lee DEED. 3 Jan. 1843. I, Samuel Mansel . . . sold . . . to William H. Barnes . . . a tract of land in the State of Tennessee, Putnam County, District No. 3, containing by estimate 130 acres . . . /s/ Samuel Mansel Depositions taken: 3 Jan. 1848. DEPOSITION: HENRY BOHANAN. /s/ Henry Bohanan DEPOSITION: MICHAEL MOORE. About 15 years of age. It was at my mother's, Polly Moore's . . . /s/ Michael Moore DEPOSITION: J. L. H. HUDDLESTON. About 36 years of age. /s/ J. L. H. Huddleston DEPOSITION: WILLIAM NORRIS. About 30 years of age. William Norris (his mark) DEPOSITION: JAMES BROCK. About 36 years of age. James Brock (his mark) DEPOSITION: JOHN B. POINTER. About 45 years of age. /s/ John B. Pointer DEPOSITION: JOHN WEST. About 47 years of age. /s/ John West Depositions taken: 16 March 1848. DEPOSITION: MICHAEL MOORE. About 15 years of age. Defendant Barnes is my uncle by marriage. /s/ Michael Moore DEPOSITION: JAMES BROCK. About 36 years of age. /s/ James Brock DEPOSITION: WILLIAM NORRIS. About 33 years of age. /s/ William Norris DEPOSITION: J. L. H. HUDDLESTON. About 37 years of age. /s/ J. L. H. Huddleston DEPOSITION: HENRY BOHANAN. About 24 years of age. Henry Bohanan (his mark) End of Roll. Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ 48 ================================================================================ -------------------------------------------------------------------------------- NEW: BARNETT, J. F., ADMR. VS. HALL, CICERO AND OTHERS. CHANCERY, 1882, 1885. MARY L. NEAL VS. J. F. BARNETT, ADMR. Depositions taken: 2 May 1884. DEPOSITION: ROENA STEAKLEY. Aged 25 years. Quest. What kin are you to Mary Niel [Neal]? Ans. Sisters. Quest. Where did Mat King then live at? Ans. Where he lived where he got killed . . . I lived at Puncheon Camp about three months, then at W. Steakley's about three months, then to Martin's Creek three months, then to Franklin KY six months, then in the house with Mary Niel [Mary Neal] up to this time. /s/ R. E. Steakley DEPOSITION: CAROLINE JULIAN. Aged 22 years. . . . Mat was killed the next March. Quest. Did Mary [Neal] have her children at Mats, if so, how many. Ans. Yes, Sir. She had three then. Quest. Did Mary have a child while she was living with Mat or shortly after his death? Ans. She had one shortly after his death. Quest. Who is the father of Mary's three children according to what is said in the neighborhood? Ans. Mat King is said to be the father of the two youngest. Quest. Have you ever been married? Ans. No, Sir. Quest. Have you ever had a child or any children? Ans. I have one child. Quest. When you heard the conversation was it before or after Mary had quit staying at her father's, what year and month? Ans. It was after Mary quit staying at her father's and was in the year of July 1882. I have heard Mary admit that the child was Mat's, never heard Matt. /s/ Caroline Julian DEPOSITION: SARAH LANE. Aged 38 years. The reputation is that Mat was not the father of Mary's oldest child or next. /s/ Sarah Lane MARY L. NEAL VS. J. F. BARNETT, ADMR. OF J. M. KING, ET. AL. Depositions taken: no date. DEPOSITION: A. H. MAWAR [?]. I knew Matt King. In 1880 I rented his land. DEPOSITION: MARY NEAL. DEPOSITION: J. H. L. BROWN. Mary Neal lived at his [Matt King's] house about a year before his death. DEPOSITION: G. R. MADDUX. I was Sheriff of Jackson County from Sept. 1880 to Sept. 1882. . . . J. M. King, commonly called Matt King . . . DEPOSITION: HAUS BREWINGTON. King was working this mule and others at my house at the time he was killed. He was hauling logs and in loading a log was killed by the log rolling over him. DEPOSITION: AMON MANEAR. DEPOSITION: J. D. RICHMOND. I am one of his [Matt King's] distributees . . . DEPOSITION: J. F. BARNETT. I am . . . administrator of J. M. King's estate. DEPOSITION: GEO. W. SMITH. OUTCOME: Mary Neal was claiming that Matt King had given her a mule. In this case, she prevailed, and Barnett appealed to the TN Supreme Court. -bp. AFFIDAVIT OF MARY NEAL. 20 May 1885. She says she was unable to attend Court because of Rheumatism which prevented her from riding horseback to Gainesboro. COMPROMISE. 8 Aug. 1886. Mary L. Neal will dismiss all of her suits and agrees to pay some costs. J. F. Barnett agrees to pay Mary L. Neal $100 and some costs. Depositions taken: 18 Dec. 1884. DEPOSITION: R. STEAKLEY. J. M. King came down to our house and asked Mary what she was going to do and Mary said she didn't know what she was going to do; then Mat told her he would give her 25 cents a day to cook and wash and mend and attend to his stock and affairs and that he would board her and her children and all outside of doing his work should be hers. Quest. What are the names of those children? Ans. Francis Marion, Jimy and Hader [?] was her three. Milton and Alty [?] my two. He is eight or nine years old, the oldest of her children. Mine is seven in February. Quest. Was you married at the time Mary went to Mat King's? If so, how long? Ans. Yes, Sir, I was married and had been five or six years. Quest. Mary was at the time she went to Mat King's a single woman, was she not? Ans. If she had ever been married I never knew it. Quest. How many children did she then have? Ans. She had three. Quest. How old was the youngest then? Ans. I think it about two months old. I am 28 years old in Aug. last. Quest. Mary is your sister, is she not? Ans. I recon she is. Daddy and Mamy say she is. R. Steakley (her mark) DEPOSITION: SARAH LANE. Sarah Lane (her mark) THE PETITION of J. F. Barnett and his wife Susan Barnett, J. D. Richmond and his wife Ella Richmond, H. H. Neal and his wife Casandra Neal, citizens of Jackson County TN, H. C. Jenkins and his wife Laura Jenkins, citizens of Rutherford Co. TN., L. F. Elrod and his wife Jane Elrod, citizens of Putnam Co. TN and Ira W. King, Jr., a citizen of the State of KY, complainants against James King, a citizen of Wilson Co. TN, Theo Hall of Wayne Co. TN, N. M. Dickens of Jackson Co. TN, Benton Hall and Wallace Hall, defendants, citizens of Jackson Co. No date. . . . J. M. King died on the 15th day of March 1883 in Jackson Co. TN intestate and without issue. . . . J. M. King, deceased, was the owner of the following described tracts or parcels of land, lying in the County aforesaid, on the waters of Martin's Creek in Civil District No. 7 of Jackson Co. TN, bounded . . . containing 50 acres more or less, Granted to Thomas Johnson by the State of Tennessee No. 3293, Beginning . . .north boundary line of James Tayor's 640 acre tract . . . Also one other tract containing 25 acres more or less Granted by the State of Tennessee to Thomas Johnson, No. 3294, Beginning . . . bank of Little Puncheon Camp . . . also one other tract containing 144 acres more or less beginning on Wm. [?] Fuqua's North boundary line . . . reference is here made to deed on file in the Chancery Clerk's office in the case of J. C. Apple, Admr. vs. Ira W. King, Jr. and others. Said land is known as the Pippin tract of land and the same purchased by J. M. King at the Master's Sale in the above entitled case, one other tract of land purchased by J. M. King from J. C. Apple, Admr. . . containing about 50 acres. Susan King intermarried with J. F. Barnett and Ella King intermarried with J. D. Richmond, Laura King intermarried with H. C. Jenkins, Casander King intermarried with H. H. Neal, Jane King intermarried with L. F. Elrod, Ira W. King, James King and Ann King are the brothers and sisters of J. M. King, deceased. Theo Hall, Benton Hall, Wallace Hall are the descendants of Ann King who intermarried with Cicero Hall, who is now dead. Deposition taken: 18 Aug. 1883. DEPOSITION: J. L. ODUM. /s/ J. L. Odom Deposition taken: no date. DEPOSITION: H. H. WILLIAMS. /s/ H. H. Williams NANCY D. HALL VS. CICERY HALL. Deposition taken: 6 June 1896 at Wood Co. Texas. DEPOSITION: L. C. HALL. My age is 26 years. My house is Dallas Texas. I am traveling auditor for the Singer Mfg. Co. I am the son of the plaintiff and a brother to the defendant. Cicero Hall was to pay off all the indebtedness on the land and was to keep the taxes paid up in full until the death of my mother. Then the land was to be turned over to him. /s/ L. C. Hall PURCHASERS at the Sale of the personal estate of J. M. King on 2 April 1883. E. Carrington N. M. Deckard W. M. Brown R. Edmonds H. Brewington G. McBroom James Long J. B. Gunter [Hunter?] Son Barnett J. O. Hopkins C. C. Carroll S. Grinter [Griner?] J. Jackson J. Newman J. L Lovlsby [?] A. Davidson J. Long J. Thomas N. Davidson C. Davidson Wm. Neal J. H. Anderson Wm. Thomas J. S. Apple W. Furrill W. F. Tilley F. Cooper A. J. Pharris C. W. Sadler H. Wheeler J. Deckard A. S. Cooper A. J. Vantreece P. G. Carter Leroy Wheeler G. W. Essex A. Carrington J. T. Jackson J. L. Brown D. B. Hail S. Marlow Jas. Lambert THE BILL OF COMPLAINT of J. F. Barnett, Admr. of the estate of J. M. King, deceased, against Cicero Hall of parts unknown, Nancy D. Hall, L. C. Hall, Benton Hall and Wallace Hall of Jackson Co. TN and Theo Hall of Davidson Co. TN. 27 July 1885. . . . defendant Cicero Hall loaned to his mother and father, defendants Nancy D. and L. C. Hall . . . . . . Cicero Hall as guardian of his minor children, defendants Theo Hall, Benton and Wallace Hall . . . Your orator shows that said Cicero was raised and formerly lived in this county and married a daughter of Thos. W. King, deceased, late of this County and she was the mother of said children and died before she received her share of her father's estate. Your orator states that defendant Cicero is as he represents himself a traveling agent or drummer for some business house in St. Louis MO and has no residence or abiding place in this State. Somewhere in this folder I saw one reference to J. M. King as John M. King. I'm sorry that I didn't transcribe it, but it does exist. -bp. -------------------------------------------------------------------------------- NEW: BARNETT, MARY S. VS. BARNETT, DILLARD. CIRCUIT, 1885. THE BILL OF COMPLAINT OF MARY S. BARNETT AGAINST DILLARD BARNETT and Parmer Spivy, all of Jackson Co. TN. 28 Sept. 1885. . . . she and Dillard Barnett intermarried in Jackson Co. TN in the year 1862 and lived together until the 27th day of Sept. 1885, when the defendant Dillard Barnett left their home in Jackson Co., saying he was going down on Martin's Creek . . . in a short time before he left the defendant Barnett was guilty of such cruel and inhuman treatment and conduct towards your oratrix as to render it unsafe and improper for her to cohabit with him . . . threatened to kill your oratrix . . . on the 26th day of Sept. 1885 defendant Dillard Barnett was guilty of adultery with one Elisabeth Chaffin alias Elisabeth Barnett . . . Your oratrix states to your Hon. that she is now living with her three minor children, the issue of said marriage, named as follows--Lithia E, Armilda and Sallie K. Barnett . . . They have crops on the land of Parmer Spivy, and he has a lien on half of them for rent. She asks for divorce and custody of the children. -bp. Mary S. Barnett (her mark) -------------------------------------------------------------------------------- NEW: BARRETT, G. T. VS. LEE, KITTY ET. ALS. CHANCERY, 1891. SALE OF LAND. . . . the land mentioned and described in the pleadings . . . was struck off to John Windird [?] Blakely and Sallie Blackely, his wife one half interest and R. V. Brooks the other half interest, they being the highest and best bidders at the price of $800.00 . . . THE BILL OF COMPLAINT of G. T. Barrett, a citizen of Jackson Co. TN against Kitty Lee, John W. Blakely and wife Sally Blakely, citizens of Jackson Co. TN, Jessee Barrett, a citizen of Overton Co. TN, & Sim Barrett, Nathanial Dixon and wife Amanda Dixon who reside in the State of Illinois. 3 June 1891. Mary Lottery departed this life intestate on or about Feb. 23, 1891 without issue, leaving complainant and defendants her only heirs at law and entitled to share in her estate being her brothers and sisters, all of whom are of the whole blood except husbands of married women and Sally Blakely, who is a half sister of said intestate . . . and John W. Blakely is her husband. . . . intestate died seized and possessed and owner in fee simple of the following described tract of land, to wit: lying and being in the State of TN and County of Jackson in District No. 14 containing by estimate 80 acres more or less and bounded as follows, to wit: Beginning on the bank of Cumberland River . . . Wm. Woodfine's lower corner of his 600 acre tract . . . crossing the mouth of Fun's [?] branch . . . top of the ridge dividing Fun's [?] branch and Quarles' branch . . . . . . said land is the property of said Mary Lottery by virtue of a deed given to her in the year 1883 by her husband for a valuable consideration . . . Depositions taken: 11 Sept. 1891. DEPOSITION: F. A. CORNWELL. There are seven heirs. [I live] about three miles [from said land of Mary Lottery]. /s/ F. A. Cornwell DEPOSITION: H. P. HARRIS. /s/ H. P. Harris AFFIDAVIT. 1 Feb. 1892. . . . M. J. Dixon who makes oath in due form of law that since the adjournment of the Sept term 1891 of the Chancery Court of Jackson Co. TN, one of the defendants, to wit, Jessee Barrett, has died testate leaving one Julia Ann Barrett his widow and relict . . .Said Barrett has left no heirs at law except said Julia Ann Barrett. Depositions taken: 23 March 1892. DEPOSITION: NATHAN M. COX. I am [a practicing Atty.] and have been such about twenty years. /s/ Nathan M. Cox DEPOSITION: M. G. BUTLER. I am a practicing solicitor of this Court and have been for near twenty years. /s/ M. G. Butler NEW: BARTLETT, MILLY VS. GAW, AMBROSE. CIRCUIT, 1873. This case is about a horse trade. -bp. Depositions taken: 11 Nov. 1873. DEPOSITION: E. J. GREEN. 33 years old. /s/ E. J. Green DEPOSITION: NATHAN JUDD. Aged 18 years. . . . at granddaddy Bartlett's. Quest. Did or did not Mr. Bartlet make the swap for his daughter Milly? Ans. He did. I am second cousin to Miss Bartlet. [Milly]. Quest. Are you not very anxious that your cousin, Milly Bartlet, should gain this lawsuit? Ans. Yes, Sir. Nathaniel Judd (his mark) DEPOSITION: JOSEPH W. BARTLET [BARTLETT]. Aged 16 years. [Miss Milly Bartlett] is my aunt. Joseph W. Bartlet (his mark) DEPOSITION: MARIAH BARTLET [BARTLETT]. Aged 65 years. . . . my daughter, the plaintiff . . . Mariah Bartlet (her mark) -------------------------------------------------------------------------------- NEW: BAYES, JAMES ET. ALS. VS. HOLMAN, MARTHA, ET ALS. CHANCERY, 1862. SUMMARY: In 1861 Martha Holman filed a Bill for Divorce against her husband Hall Holman. On 4 Jan. 1859 Hall Holman had been appointed guardian to Thomas Mayfield, William Mayfield and Nancy Mayfield. He was indebted to his wards and his securities were worried that his wife would be awarded all of his property, including a negro woman named Patty. By 28 June 1862 the Holman's had reconciled. -bp. -------------------------------------------------------------------------------- NEW: BEACHBOARD, ALICE VS. BEACHBOARD, WASH. CHANCERY, 1911. ANSWER OF DEFENDANT. Filed 19 Oct. 1917. Denies most allegations. Says he has tried to get along with the complainant but she has filed several divorce bills against him and cost him a great deal of money and he doesn't desire to live with her any longer on account of the annoyance and expense of being kept in Court and hindered from making himself a living, that he is getting old and time he was laying up something to take care of himself while old and not able to make money. -bp. THE PETITON OF ALLICE BEACHBOARD AGAINST WASH BEACHBOARD, both of Jackson Co. TN. 29 Oct. 1907. . . . she and the defendant were married in Jackson Co. on or about [blank] 188 [blank] and lived together till about 2 1/2 years ago when he was tried and convicted in this county for voluntary manslaughter and sentenced to imprisonment in the State's prison for a term of two years and he completed his term in prison and has returned home and since he returned he has been guilty of such cruel and inhuman treatment and conduct . . . [He is the owner of] the following Real estate, to wit, lying in the 8th Civil District of Jackson Co. TN, being the land purchased of J. B. Anderson and bound as follows: on the North by Anderson, on the East by Anderson, on the West by Clay or Nancy Rich and on the South by Anderson, it being the place where we now live and have been living ever since we were married. She is fearful he will do her and the children bodily harm. Asks for divorce and alimony. -bp. Deposition taken: no date. DEPOSITION: MARY BARNES. [I am a] daughter of Wash Beachboard. /s/ Mary Barnes THE BILL OF COMPLAINT OF ALICE BEACHBOARD AGAINST WASH BEACHBOARD, both of Jackson Co. TN. 8 March 1910 . . . she and the defendant were married in Jackson Co. TN something near thirty years ago . . . She alleges cruel, abusive and threatening treatment. -bp. . . . have five children at home who are minors [not named]. Asks for divorce, custody of children and maintenance and support. -bp. She also filed a similar Bill on 22 Feb. 1911. -bp. -------------------------------------------------------------------------------- NEW: BEALL, JOE M. VS. WILLIAMS, GEO. CIRCUIT, 1890. Depositions taken: 27 Dec. 1890 at Russellville KY. DEPOSITION: JOE M. BEALL. 59 years old. Resides in Russellville KY. Occupation farmer and am the complainant in this action. The defendant George Williams owes him a note for $62.00 plus interest , executed 2 Jan. 1888. The defendant lived on complainant's farm in Logan Co. KY during the year 1888. Beall claims a note and receipt presented are forgeries. - bp. /s/ Joe M. Beall DEPOSITION: JOHN WALLACE. 55 years old, live in Logan Co. KY and farmer by occupation. /s/ J. D. Wallace DEPOSITION: JAMES MILTON. 45 years old, live in Logan Co. KY and a farmer by occupation. James Milton (his mark) DEPOSTION: C. W. COURTS. I am 40 years old and residence Russellville KY, occupation cashier at the Bank of Russellville . . . /s/ C. W. Courts DEPOSITION: JOHN P. LONG. Residence Russellville KY, occupation cashier of the [unreadable] Bank of Russellville. /s/ Jno. P. Long DEPOSITION: JOHN G. ORNDORFF. [Residence] in Russellville KY and am Clerk of the Logan Co. Court . . . /s/ Jno. G. Orndorff -------------------------------------------------------------------------------- NEW: ALBERT BEAN VS. JOSEPH BEAN & JOHN CLINTON. CHANCERY, 1898. NOTE: There are several different cases included in this folder that impinge on the above case. Anyone researching this family should get this film and read it in it's entirety, because there is a lot of interesting material about the family dynamics that I have not extracted to post on the internet. -bp. THE BILL OF COMPLAINT OF D. W. HAWES, A CITIZEN OF GAINESBORO, JACKSON CO. TN AGAINST MARRY HARRIS & NANCY PAUL, CITIZENS OF JACKSON CO. TN & GEO. H. MORGAN OF GAINESBORO, ASSIGNEE IN BANKRUPTCY OF WILLIE NIGHT. 6 May 1869. . . . Willie Night [Wiley Knight], a citizen of Jackson Co. TN became indebted to your orator in the sum of about $150 prior to the 5th day of Sept. 1866 . . . . . . for many years preceding that time said Willie Night [Wiley Knight] was the owner of a valuable tract of land containing about 500 acres in Jackson Co. TN . . . . . . on the 5th day of Sept. 1866 said Willie Night [Wiley Knight] conveyed said land, 520 acres, for no valuable consideration, to his daughters, Marry Harris and Nancy Paul . . . . . . more than six months from said date the said Willie Night [Wiley Knight] has been declared a bankrupt on his own petition in the District Court of the U. S. and that Geo. H. Morgan is his assignee . . . PETITION OF DEFENDANTS in the Case of Albert Bean et. al. vs. John Clinton et. al. 26 June 1900. . . . the land in controversy after the death of Joseph Bean, under and by a deed made from Wiley Night [Knight] to Nancy M. Bean. The defendants aver the facts to be that many years ago and many years before the deed from Wiley Night [Knight] to Nancy Bean, the said Wiley Night [Knight] executed and delivered to Mary Night [Knight] or Mary Harris a deed to the land in controversy in this cause and the same was used and occupied by Mary Night [Knight] from then up to the present by her heirs and the same was never conveyed by Mary Night [Knight] to the said Wiley Night [Knight], hence he had no title to said land to vest Nancy Bean with and her deed is null and void and a fraud upon the rights of Mary Night [Knight] or Mary Harris' heirs as her assignee. NANCY PAUL VS. MOSES PAUL. Dep. taken: 13 June 1868. DEPOSITION: RUBEN WHITSON. Aged about 40 years. I understand that they [Moses and Nancy Paul] married in Jackson Co. They lived together, I know, as husband and wife, for some year or two. I think he has been living apart from his wife, the complainant, for about five or six years. After he had left complainant I saw Moses Paul with another woman, and they passed as husband and wife and they bedded together and that was about the latter part of the summer or fall 1866. I do not think he left her [complainant] anything at all. They had one child. /s/ Reuben Whitson Deposition taken: 3 Aug. 1868. DEPOSITION: JOHN HARRIS. Aged 42 years. Defendant has heretofore abandoned complainant and refused to provide for her. He left her about four years ago. I saw him after that time. He had been, as he said, to KY. He had another woman with him at that time and claimed her as his wife and said he was married to her. John Harris (his mark) THE PETITION OF NANCY M. PAUL of Jackson Co. TN against Moses Paul, of the State of KY. Filed 9 Nov. 1867. . . . about eight years ago she intermarried with defendant in the County of Jackson TN . . . after about two years . . . defendant . . . abandoned her. Defendant has been guilty of divers acts of adultery . . . Petitioner further shows your Honor that of said intermarriage was born a child named Samuel Harrison Paul. Petitioner further shows your Honor that her maiden name was Nancy M. Night [Knight] . . . been supported by her father, Wiley Night [Knight], with whom they still live. Asks for divorce, restoration of her name to Nancy M. Night [Knight] and custody of the child. THE BILL OF COMPLAINT of Albert Bean, J. W. Stafford and W. W. Draper against John Bean, Morgan Bean and Wiley Bean, all of Jackson Co. TN. No date. Complainants Albert Bean and defendants John, Morgan and Wiley Bean are the joint owners of the following described tract of land , to wit, lying and being in the 10th Civil District of Jackson Co. TN on the waters of Blackburn's fork of Roaring River . . . P. M. Wassom's northwest corner . . . around to Elijah Wassom's north boundary line . . . to Wm. Bean's west boundary line . . . to Jas. Night's [Knight's] south boundary line . . . to Wm. Sliger's west boundary line . . . to M. C. Garrison's line . . . John Clinton's south boundary line . . . James Stult's south boundary line . . . Lafayette Garrison's east boundary line . . . John L. Bean's east boundary line . . .Elijah Wassom's east boundary line . . . P. M. Wassom's north boundary line . . . Each of the parties above named own one quarter undivided interest in said land subject however to an estate for and during the natural life of Joseph Bean therein and which will terminate at his death. . . . [Albert Bean] charges that the three shares of his brother's, to wit, John, Morgan and Wiley Bean . . . ALBERT BEAN ET. AL. VS. JOHN CLINTON, ET. AL. Deposition taken: no date. DEPOSITION: JOSEPH BEAN. [Nancy M. Bean] is dead. She died in May 20, 1884. She was a wife of mine. Quest. Give the names of her children who now survive her. Ans. John Bean, Albert Bean, Morgan Bean and Wiley Bean. Quest. When were you and Nancy M. Bean married? Ans. In 1873. Quest. How long after the date of the deed until Wiley Night [Knight] died? Ans. It wasn't very long. He deeded it in Feb. 1884 and died 26 March following. We had stayed there and waited on him [Wiley Knight]. He was old and helpless and had been for ten years. Quest. Was he much or little trouble to look after and wait upon? Ans. It was a heap of trouble. Quest. How long did you and your wife stay with the old man and wait on and attend to him? Ans. About six years. He had to have help. His thigh was broke. He was down about ten years. Quest. Give the ages of Nancy M. Bean's children at this time. Ans. They were all small when their mother died. There is three of them of age now. I can't give their exact ages. Quest. Were all these children born to you and your wife after your marriage to her? Ans. Yes, Sir. These four spoken of in this deposition. /s/ Joseph Bean THE BILL OF COMPLAINT of Albert Bean who sues in his own individual right and as next friend of Morgan Bean and Wiley Bean, minors under the age of 21 years, citizens of Jackson Co. TN against Joseph Bean, John Bean, Mary Burgess, Dow Burgess, James Robinson, Florence Robinson, Belle Burgess, Lou Burgess, Della Burgess, Rutha Burgess, Effie Burgess, John Clinton, all of Jackson Co. TN [blank] Night [Knight] of the State of Missouri, heir of Wm. Night [Knight], deceased. 30 April 1898. Your orators charge that upon the death of Nancy W. Bean the complainants and defendant John Bean became the owners of said lands subject to the life interest of Joseph Bean, the husband, who upon the death of his wife became tenant by courtesy absolute or consummate. They charge that on the [blank] day of [blank] 1884 defendant Joseph Bean by a pretended Deed to Mary Night's [Knight's] heirs attempted to convey absolutely these lands and under and by virtue of said pretended, fraudulent and void Deed one John Harrison John Clinton pretended to take possession of said lands and held same until conveyance from Garrison to Hite Burgess about two years thereafter. The heirs of Hite Burgess have likewise pretended to hold same until the present time. The said John Clinton has held about ten acres of same ever since said conveyance and now holds same. Your orator's charge that said conveyance from Joseph Bean was fraudulent, void and a nullity. They charge that the purchasers under said void Deed are now claiming said lands absolutely in fee simple and are hauling off and destroying the valuable timber on said land. Defendant Mary Burgess is the widow of Hite Burgess, deceased. Dow Burgess, Florence Robinson, Belle Burgess, Lee Burgess, Della Burgess, Rutha Burgess [&] Effie Burgess are the children of Hite Burgess and are minors under the age of 21 years without general guardian. James Robinson is the husband of defendant Florence Robinson. Defendant [blank] Night [Knight] of the State of Missouri is also a minor under 21 years without general guardian. Complainant Albert Bean is now 21 years of age, will be 22 years of age on June 16, 1898. Complainant Morgan Bean was 20 years of age 12 of Jan. 1898. [Both of these years are clearly 1898 in the original document -bp.] Wiley Bean was 16 years of age on 17 Jany. last. They have no general guardian. THE DEFENDANT'S Dow Burgess, Lou Burgess, Della Burgess, Ruth Burgess, Belle Burgess, Effie Burgess & Florence Robinson of the State of TN & [blank] Night [Knight], heir of William Night [Knight], a minor . . . resides in the State of Missouri, for JOINT ANSWER . . . . . . they admit that on the 14 Mch. 1873, Nancy M. Bean intermarried with Joseph Bean . . . They admit that on the [blank] April 1884 Nancy M. Bean died. Deposition taken: no date. DEPOSITION: JOSEPH BEAN. Quest. Did you know Mary Night [Knight] or Mary Harris as she is called by some? Is she living or dead? When did she die? Ans. Yes, I knew her. She is dead. To the best of my knowledge she died in 1874-5. Quest. Give your reasons for knowing that she died about 1874 or 5. Ans. The reason is that I was married in 1873 to Nancy M. Bean that summer to the best of my recollection. She ran away with another man. She, Mary Knight, ran away in the fall to the best of my recollection. She went in the fall and she came back in the fall. She didn't live very long after she came back, three or four months I reckon. Quest. When did you and your wife move to Wiley Night's [Knight's] to live and how long did you live there prior to Wiley Night's [Knight's] death in March 1884? Ans. We went there in 1877 or 8. I stayed with him until he died. Quest. When did he die? Ans. In 1884. Quest. Was Mary Night [Knight] living when you and your wife moved there? Ans. No, Sir. Quest. Who claimed, used and controlled the land in controversy from the date of Mary Night's [Knight's] death up to the time the Deed was made by Wiley Night [Knight] to your wife Nancy M. Bean? Ans. Wiley Night [Knight] himself. Quest. Was Mary Night [Knight] or Mary Harris ever married, if so, is her husband living or dead? Ans. She was married and he is dead. Quest. When did her husband die? Ans. He died about the close of the Civil War. Quest. Did she or not live a single woman all the time after her husband's death until she died in 1874 or 5. Ans. Yes, Sir. Quest. Is it not a fact that the claim that Hite Burgess' heir's claims in said land came from purchase of Mary Night's [Knight's] heir's interest in said land? Ans. That's my understanding. Quest. Did not the interest John Clinton claims come from the same source? Ans. Yes, Sir. Quest. How much property did you own at the time you married Nancy Bean? Ans. I had none. Quest. You speak in your cross-examination that you and your wife signed the deed to Mary Night's [Knight's] heirs . . . Did your wife sign said deed willingly? Ans. No, Sir, she didn't much want to sign it. I begged her about two weeks before she signed it. Quest. Did or not others threaten her and you with a law suit unless she signed the deed? Ans. Yes, Sir. Quest. Are you the same Joe Bean that was in jail in this county once for abusing your wife? Ans. Said to be the fellow. Quest. After you was in jail for abusing your wife, how long was it before your wife died? Ans. I don't remember. Quest. How long did you stay in jail? Ans. Twelve days as I recollect. /s/ Joseph Bean Depositions taken: 24 Feb. 1900. DEPOSITION: G. W. BEAN. My brother, Joseph Bean . . . /s/ G. W. Bean DEPOSITION: W. A. NIGHT [KNIGHT]. /s/ W. A. Night DEPOSITION: LEROY DENNIS. Quest. What relation are you to Complainant John Bean? Ans. I am his father-in-law. L. W. Dennis (his mark) Depositions taken: no date. DEPOSITION: SAM MATHENY. /s/ M. S. Matheny DEPOSITION: R. E. JOHNSON. /s/ R. E. Johnson DEPOSITION: HARRISON CLINTON. Quest. Did you ever hear him [Wiley Knight] say anything about making a deed to Mary Night [Knight] to the lands in controversy? If so, please tell all you know about it. Ans. Yes, I have heard him talk about it. He had made the girls and Jim a deed to it so he could take the bankrupt law. After the records at Gainesboro got burned he told the girls he wanted to see their deeds, that there was something in it he wanted to fix that was not fixed right. They went and got their deeds and he threw them on the fire and said that was the part that wasn't fixed right and burned them up. And he tried to get Jim's deed to do the same way, but he was too smart for him. /s/ S. [?] H. Clinton DEPOSITION: JOHN GARRISON. /s/ J. T. Garrison DEPOSITION: JOHN CLINTON. /s/ J. A. Clinton DEPOSITION: SID NIGHT [KNIGHT]. [Wiley Knight] was my grandfather. /s/ S. S. Night DEPOSITION: JOHN CLINTON. Quest. How long was this [that the deed was made] before Wiley Night [Knight] died? Ans. . . it might have been two weeks or more. . . . Jim Night's [Knight's] widow, Polly Night [Knight] . . . /s/ J. A. Clinton Deposition taken: 2 March 1900. DEPOSITION: J. M. MORGAN. /s/ J. M. Morgan DEED. 5 Sept. 1866. I, Wiley Night [Knight], in consideration of the love and natural affection that I have for my two daughters Mary and Nancy have this day given, granted and do hereby transfer and convey unto my two daughters Mary Harris and Nancy Paul and their heirs forever a certain tract or parcel of land in the State of Tennessee, County of Jackson, District No. 10, containing 520 acres more or less . . . One tract containing 300 acres by Survey bearing date the 1st day of March 1834 on the waters of Blackburn's fork of Roaring River . . . Moses McBride's north boundary line running north crossing one prong of said creek . . . north boundary line of John Bean's 100 acre tract . . . said Bean's northeast corner of his 20 acre tract . . . excluding out of the above boundary 100 acres that I have conveyed to the heirs of William Night [Knight]. One other tract containing 150 acres by Survey bearing date the 2 day of June 1836 . . . the northeast corner of the above named tract . . . with John Bean's north boundary line . . . near the Overton County Road . . . Another tract of 170 acres . . . corner of Burket Kinnaird original tract . . . John Bean's north boundary line . . . a conditional line made [by] Aaron Bean and James Bean . . . Richey Bean's north boundary line . . . Moses McBride's east boundary line . . . s/s Wilie Niet -------------------------------------------------------------------------------- NEW: BEAN, JOSEPH, GRDN. OF BEAN, MORGAN. REPORT. 31 July 1903. . . . the said Morgan Bean is of unsound mind and not capable of taking care of himself and property. He has been a idiot from his infancy and has no property in his own right. He is 25 years of age and has no wife or children. -------------------------------------------------------------------------------- NEW: BEAN, MORGAN ET. AL. VS. GARRISON, J. H. CHANCERY, 1903. FINAL DECREE. 10 Dec. 1903. It is therefore ordered, adjudged and decreed by the Court that all of the right, title, claims and interest in and to the reversion or remainder in said tract of land as described in said report be directed out of the Complainants and Defendants and vested in the purchaser, J. H. Garrison, who upon [?] the falling in of the life estate of Joseph Bean will take the entire fee in said tract of land and the Clerk and Master is directed to make to said J. H. Garrison deed to said tract of land should he desire it upon the payment of the fees for same. It is further ordered and adjudged by the Court that the parties will pay the Cost herein in the ratio of their interests in the subject matter of this litigation . . . THE BILL OF COMPLAINT of Morgan Bean in his own proper person and by his Guardian Joseph Bean, who are citizens of Jackson Co. TN against John H. Garrison, who is a citizen of Jackson Co. TN. No date. . . . complainant Morgan Bean and John H. Garrison, the defendant, are seized and possessed in fee; and are tenants in common in the following described tract of land, lying in the 10 Civil District of Jackson Co. TN on the waters of Blackburn's fork of Roaring River . . . Polly Knight's northwest corner . . . Leroy Dennis's west boundary line . . . John H. Garrison's south boundary line . . . John Clinton's south boundary line . . . G. W. Pointer's south boundary line . . . The defendant John H. Garrison owns absolutely 4/5 of the fee in said undivided tract of land and complainant Morgan Bean owns 1/5 of the fee in said tract of land and that this 1/5 undivided interest is encumbered with the life estate of Joseph Bean. . . . complainant's ward is 25 years of age, is a non compus mentis and must be cared for and supported. The proceeds derivable from a sale of his interest in said tract of land being all he can look to for said purpose. Depositions taken: Sept. 1903. DEPOSITION: SIMEON PIPPIN. I am about 70 years old. I live in the 10th District of Jackson Co. I live in about 1 1/2 miles of it [the land in dispute.] /s/ Simeon Pippin DEPOSITION: JOHN H. CHAFFIN. I am 58 years old. I live at Gainesboro and am County Court Clerk. /s/ J. H. Chaffin -------------------------------------------------------------------------------- NEW: BEAN, NANCY M. VS. BEAN, JOSIAH [JOSEPH]. CHANCERY, 1875. THE BILL OF COMPLAINT OF NANCY M. BEAN AGAINST JOSIAH [JOSEPH] BEAN, both of Jackson Co. TN. 18 June 1875. . . . she and the defendant were intermarried in Jackson Co. TN on or about the [blank] day of [blank] 18 [blank], something more than two years ago. She states that shortly after their marriage the defendant became very abuseful to her and on several occasions slapped and whipped her and would threaten that if she told it he would kill her . . . She further charges that on the 14th of June 1875, being last Monday morning, he knocked her down and threatened that if she done anything with him he would kill her. He also slapped over their child, a little boy hardly two years old . . . . . . your complainant had him arrested on a Peace Warrant . . . he was committed to jail where he is now. . . . they have but one child, a boy upwards of 12 months named John Whitley . . . She asks for divorce. -------------------------------------------------------------------------------- NEW: BEASLEY, GLADYS ET. AL. VS. RAWLEY, D. A. & WIFE COUNTY, 1898. THE BILL OF COMPLAINT OF GLADDIE BEASLEY & PAUL YOUNG & TIMOTHY YOUNG who are minors and bring this Bill by their father [unreadable] B. Young against David A. Rawley and his wife Nancy or Missouri Rawley, all of Jackson Co. TN. N. B. Young, the father of complainants Gladdy Beasley and Paul and Timothy Young and Eveline Young, nee Hare and the mother of said children, Gladdie Beasley, Paul and Timothy Young, were legally married in Jackson Co. TN on the 12 day of May 1872, and lived together as husband and wife until the 19 day of Sept. 1885 when said Eveline Young departed this life intestate in Jackson Co. TN, leaving the complainants Gladdie Beasley, who is now a feme Sole and Paul and Timothy Young her only surviving children and only heirs at [law]. Said Eveline Young, nee Hare, and the wife of said N. B. Young . . . was at the time of her death the owner in fee simple absolute, subject to an estate for life in said house and lots of her father and mother, A. Hare [&] Elizabeth Hare, and the following house and town lots, situated in the town of Gainesboro, Jackson Co. TN and bounded as follows, lying north of the Store House belonging to James A. Williams (or north of Grocery house occupied by J. B. Mansel and Zachariah Van Hoozer in 1868) . . . on the west by lots 3 and 4 now owned by John H. Denis and occupied by M. J. Dixon and formerly owned and occupied by Elizabeth Eaton and America Harris . . . east by the Public Square of Gainesboro TN and being the same property now occupied by David Rawley, the defendant, and fully described in a deed made by Michael Kirkpatrick on the 16 day of Dec. 1868 to Eveline Hare afterwards the wife of said N. B. Young . . . . . . prior to the 16 day of Dec. 1868, A. Hare, who was the owner in fee of said house and lots was declared a bankrupt by the District Court of the U. S. for the Middle District of TN and said house and lots ordered to be sold . . . when Michael Kirkpatrick became the purchaser of said lots . . . . . . said Evelyn Young nee Hare prior to her marriage with said N. B. Young and sometime in April or early part of May 1872, made executed and delivered her deed on conveyance . . . by which she transferred and conveyed to her father and mother, A. Hare and his wife Elizabeth Hare, said lots and house thereon for and during their natural lives for a home for them during their lives and said life estate in said lots or piece of real estate has terminated and ended by the death of both A. Hare and his wife Elizabeth, the latter, Elizabeth Hare, having died many years ago and said A. Hare having died on the [blank] day of Jan. 1897. . . . . . since the date of surviving life tenant A. Hare in Jan. 1897, the defendants have been setting up claim or laying some fictitious claim to said lots and house . . . through some fictitious or fraudulent Will. THE ANSWER OF DAVID A. RAWLEY AND WIFE NANCY S. RAWLEY to the Bill of Complaint of Gladie Beasley and others. No date. . . . title of complainant's set out in their Bill is illegal, null and void because their ancestor, Evelyn J. Hare, their mother, eccepted [accepted?] the deed under which complainant's claim for the purpose of defrauding the creditor's of A. Hare. Respondents say they are the owners of the land as devisee of A. Hare, deceased . . . At the end of this document, the following note is made. -bp. After the filing of these pleadings, proof was taken on both sides and on Sept. [blank] 1898 a decree was rendered in your Honor's Court in favor of complainants . . . Affirmed in the TN Supreme Court. BILL FOR A NEW TRIAL. The first page of this seems to be missing. It is a presentation of what the defendants believe is new evidence, which they think would have changed the outcome of the trial if it had been known. 21 March 1899. . . . [Nancy S. Rawley] had heard that such a deed existed and she wanted to know whether or not it was in her father's [A. Hare's] possession. . . . William York (who is a grandson of A. Hare) . . . . . . Sallie Van Hooser, whose residence is Kirkmansville KY and who is a daughter of A. Hare, deceased . . . . . . Sallie Van Hooser has been a resident of the State of Kentucky 12 or 14 years . . . Complainants charge and state that A. Hare, died Jan. 1897, left surviving him your complainant Nancy S. Rawley, Sallie Van Hooser, as his only children and Gladys Beasley, Paul Young & Timothy Young the defendants and William York, Tom York, David York, Byrd Recten [?], and Elizabeth Loftis his grandchildren . . . and William York, Tom York, David York, Byrd Recton [?] and Elizabeth Loftis being the heirs at law of Matilda York, a daughter of A. Hare, who is now dead, and his wife Susanna Hare . . . Depositions taken: No date. DEPOSITION: NEWTON MORE [MOORE]. I live in Jackson Co. TN. My age is 72 years. Mr. Achiles Hare owned it [said house and lot] when I first knew it. /s/ Newton Moore. DEPOSITION: NANCY S. RAWLEY. A. Hare was my father and Evelyn Young was my sister. /s/ Nancy S. Rawley PROBATE. . . . after the death of A. Hare, to wit, at the end of June term 1897 of this Court, the last Will and Testament of A. Hare, deceased, was probated by this Court and ordered to be and was recorded in due form of law, and Susan Hare, widow of A. Hare, deceased, was by the Court appointed, bonded and qualified as administrix . . . Depositions taken: Sept. 1898. DEPOSITION: WM. GORE. 74 years old and reside in Jackson Co. TN. I have known said lot about 60 years. I think old David Cox occupied said lot when I first came to town a 14 year old boy. Next after Cox I think Achilles Hare and family lived there. Hare claimed it as his own. Cox was living there before I came to town to go to school. [D. A. Rawley] is Hare's son-in-law. /s/ Wm. Gore DEPOSITION: WM YORK. A. Hare was my grandfather and Mr. Rawley and Mrs. Rawley are my uncle and aunt. I lived with him [A. Hare] three or four years. Quest. How old are you? Ans. Forty years old in next Nov. /s/ Wm. York DEPOSITION: MRS. M. A. C. WILLIAMS. I live in the town of Gainesboro. She [Eveline Young] and Mrs. Rawley and I talked together, after A. Hare married the last time and Ev said to Sis (that is Mrs. Rawley) now suppose I had made this lot back to Pop like I said I would, then that old heifer would have had it and we would have nothing in it. . . . Pole Young's [N. B. Young's] children. /s/ M. A. C. Williams DEPOSITION: ANDY SCHIMMYHORN [SKIMMYHORN]. I am 45 years old and reside in the 1st District of Jackson Co. TN. Andy Schimmyhorn (his mark) Depositions taken: 8 & 9 Sept. 1898 at Cookville, TN. DEPOSITION: GEO. H. MORGAN. I reside at Cookeville, Putnam Co. TN. I am 57 years old and am a lawyer by occupation. My recollection is that by some sort of trade made at the same time or soon thereafter Michael Kirkpatrick sold the corner lot to Evaline Hare, daughter of A. Hare, and executed to her a deed for same. I knew Michael Kirkpatrick. He is dead. . . . my brother J. M. Morgan . . . /s/ Geo. H. Morgan Deposition taken: 2 March 1898. DEPOSITION: SUSAN HARE. I knew A. Hare. He was my husband. He died Jan. 26, 1897. Quest. How old was A. Hare at his death? Ans. He was nearly 92 years old. Quest. What was the condition of his mind for two or three years prior to his death? Ans. Sometimes he seemed to be alright, while at other times his mind was not so good. After his arm was taken off, his mind was not good. I think it was caused by the medicine he had taken. Quest. How long before his death was it that his arm was amputated? Ans. It lacked from Jan. till March being three years. /s/ Susan Hare WILL. 5 Feb. 1883. I, A. Hare . . . do hereby make and publish this my last Will and Testament. I Will and bequeath to my beloved wife Susannah Hare the land whereon I now live during her life, said land is known as the Trap [?] place and is bounded as follows, East by the lands of William Davidson, and on the West, North and South by the lands of James Draper. Said tract of land is on the waters of Doe Creek in Civil District No. 1 . . . and contains about 100 acres. Also I bequeath to Susannah Hare another tract of land adjoining the same in what is known as the Mahala Jackson hollow, said lands joins the lands of Wade Skimmerhorn [Skimmyhorn?] , William Davidson and others and contains about 50 acres for and during her natural life. Having given to my children a fair and just proportion of my property previous to making this Will, I now bequeath to Susannah Hare all other property of mine . . . DEED. 16 Dec. 1868. I, Michael Kirkpatrick of the County of Jackson and State of TN do hereby transfer and convey to Evaline Hare of said County and State and her heirs forever all that part of Town Lot No. 4 in the town of Gainesboro . . . No consideration mentioned. -bp. s/s Michael Kirkpatrick Deposition taken: 14 Sept. 1898. DEPOSITION: N. B. YOUNG. I was a son-in-law to A. Hare and husband of Evaline Young, who was the youngest daughter of A. Hare. . . .the death of my wife Evaline Young, nee Hare, which occurred on the 19th day of Sept. 1885. She had said deed in her possession when I married her, on the 12th of May, 1872 . . . /s/ N. B. Young Deposition taken: 13 & 15 Sept. 1898. DEPOSITION: D. A. RAWLEY. /s/ D. A. Rawley Depositions taken: 11 & 12 Jan. 1900. DEPOSITION: S. S. DUDNEY. /s/ S. S. Dudney DEPOSITION: W. A. RASH. I have lived in Gainesboro TN 11 years. /s/ W. A. Rash DEPOSITION: M. G. BUTLER. /s/ M. G. Butler DEPOSITION: J. B. WALKER. /s/ J. B. Walker Depositions taken: 12 Jan. 1900. DEPOSITION: M. A. C. WILLIAMS. 60 years of age. I know the property asked about. Have known it ever since I was born. /s/ M. A. C. Williams DEPOSITION: T. J. WILLIAMS. 55 years of age. /s/ T. J. Williams DEPOSITION: B. L. QUARLES. /s/ B. L. Quarles DEPOSITION: JAS. A. WILLIAMS, JR. . . . M. Putty's saddle shop . . . /s/ J. A. Williams DEPOSITION: CHARLEY MELTON [?] Quest. Where is your Barber Shop? Ans. It is in the old Williams Block on the Square. /s/ C. F. Melton DEPOSITION: J. E. STAFFORD. /s/ J. E. Stafford DEPOSITION: J. H. DENIS. /s/ J. H. Denis -------------------------------------------------------------------------------- NEW: BEASLEY, ISHAM VS. CHAPMAN, AMOS J. ET. AL. CHANCERY, 1844. THE JOINT ANSWER of Amos J. Chapman and Elizabeth Bolton, Pinkney McCarver and Lent Bolton to the Bill of Complaint of Isham Beasley. 6 May 1844. Respondent A. J. Chapman states that the consideration passing from him for the estate of nine years in said property was that he was to support his mother-in- law, the said respondent Elizabeth [Bolton] during her life. ARTICLE OF AGREEMENT made and entered into between Lent Bolton, A. J. Chapman and Elizabeth Bolton, witnesseth that the said Lent Bolton for and in consideration of Elizabeth Bolton [unreadable] Dower to a tract of land containing 102 acres [unreadable] being the same that Charles Bolton conveyed to the said Elizabeth Bolton during her natural life. The said Lent Bolton do bargain and give to the said A. J. Chapman all of my property laying in Gainesboro, Jackson Co. TN for the term of nine years to live on and occupy as his own, after which time the said property is to descend to the said Elizabeth Bolton during her natural life to use and occupy as a home. If the said Elizabeth Bolton should die before the expiration of nine years, the property is to descend back to the said Lent Bolton at the expiration of nine years, as witness hereunto set my hand and affix my seal this 6th Jan. 1839. s/s Lent Bolton THE BILL OF COMPLAINT of Isham Beasley of Smith Co. TN against Pinkney McCarver, Amos J. Chapman & Elizabeth Bolton of Jackson Co. TN and Lent Bolton of Smith Co. TN. 24 Oct. 1843. . . . on the 22nd of Aug. 1843 he recovered a judgement in Smith Circuit Court . . . [against] Lent Bolton and S. P. Hughes . . . The Sheriff levied an execution on nine lots in Gainesboro as the property of Lent Bolton -bp. . . . Simon P. Hughes has removed himself and property out of this State to parts unknown . . . Lent Bolton has privately removed his personal property to parts unknown . . . Your orator has lately been informed and believes and so charges that said Lent Bolton never has had a legal title to either of said town lots but that the legal title is in said Pinkney McCarver of whom said Lent Bolton purchased them. Your orator has also been informed that said Lent has paid the whole of the purchase money for said lots and is entitled in equity to a legal title for the same. . . . charges that said Lent Bolton has fraudulently . . .pretended to convey said Town Lots to his mother, Elizabeth Bolton and his brother-in-law, Amos J. Chapman . . . -------------------------------------------------------------------------------- NEW: BECK, W. B. GRDN OF BECK, C. R. COUNTY, 1894. SETTLEMENT. 28 Aug. 1894. . . . W. B. Beck, Grdn. of Charlie R. Beck, minor heir of Virginia Beck, deceased. FINAL SETTLEMENT. . . . C. R. Beck having died since last settlement, the Guardian has distributed the funds among his heirs at law . . . Distributions of $67.50 each were made to Florence White, F. J. Beck and W. B. Beck. -bp. -------------------------------------------------------------------------------- NEW: BECK, W. B. & WATTS, W. R. VS. MONTGOMERY, R. J. ET. AL. CHANCERY, 1892. W. B. BECK AND W. R. WATTS, ADMRS. OF J. M. LEE, DEC'D VS. A. B. HOLLIMAN AND OTHERS. Deposition taken: no date. DEPOSITION: W. P. VITATOE. 58 years old. I have known him [J. M. Lee] all of his life. He [J. M. Lee] was elected Constable of 5 Civil District . . . Wm. P. Vitatoe (his mark0 DEPOSITION: W. M. BROWN. Aged 39 years. I was Deputy Sheriff of Jackson Co. in the year 1888. During the time I was Deputy Sheriff, an execution came to my hands in favor of C. J. Holliman vs. A. B. & J. B. Holliman from Chancery Court of Jackson Co. I levied said execution on the following described tract of land lying in the 5th Civil District of Jackson Co. TN, bounded on the East by A. H. Manear on the South by Pryor Grisham, on the West by C. J. Holliman, on the North by A. Stanton, levied on as the property of J. B. Holliman . . . I sold said tract of land on 16 June 1888 . . . I think C. J. Holliman became the purchaser. DEPOSITION: A. B. HOLLIMAN. Sept. 1892. . . . my son J. B. Holliman. . . The money with which she [Viola Holliman] redeemed said land came from her uncle [James G. Holliman] in the city of Mexico . . . I think James G. Holliman was in this country ["this country" is used to mean "this area"] not very long after the land was sold in June 1888. I think he is a man of wealth; said to be. I think it was about 27 Dec. 1889 he reached home. I got a letter from him stating he had reached home. I have this letter at the house that I received from my brother. . . . my brother, G. R. Holliman. I owed her [Viola Holliman] for her services as clerk in my store and keeping the Post Office. I don't remember whether she attended to the Post Office one or two years. She clerked in my store 5 or 6 years immediately previous to 1879. My other girls done the cooking while Viola attended to the Store . . . I think Viola was born in Aug. 1855. [The others] are younger than Viola. Three are about two years betwixt their age. J. B. Holliman is next to Viola, Talula, Ella and Mollie. I was in the mercantile business in Granville about thirteen years. Depositions taken: 14, 15, 16 & 17 Feb. 1893. DEPOSITION: A. B. HOLLIMAN. Aged 62 years. J. B. Holliman was a single or unmarried man and is yet. I held the office [of Post Master of Granville] from June 1875 to Oct. 1885. /s/ A. B. Holliman DEPOSITION: VIOLA HOLLIMAN. I am a sister of J. B. Holliman. I commenced teaching school in the fall of 1879. Have taught six schools. First school at Corinth in Brooks Bend, a public school, three months . . . 2nd one subscription school at home in Store house in the fall of 1880, five month term . . . also another at the same place the following Spring . . . In 1884 I taught a three month term subscription school on Flynn's Creek . . . also in the fall of the same year I assisted in the Public School at Flynn's Lick four months . . . In 1885 taught the Public School a three month term at Cornwell's school house on Flynn's Lick . . . /s/ Viola Holleman DEPOSITION: JAMES P. MC KINLEY. I have known J. B. Holleman ever since he was a child. /s/ J. L. McKinley Depositions taken: 17 Aug. 1892 DEPOSITION: C. J. HOLLEMAN. 49 years of age. /s/ C. J. Holleman DEPOSITION: JOHN COLE. 53 years of age. I was J. P. in 1883 and am now. Quest. Was D. H. Armistead a J. P. in the 5th District of Jackson Co. TN in Jan. 1883? Ans. He was. Quest. How long did he serve . . . Ans. He served until 1888. T. C. McKinley was elected his successor. He [McKinley] served a little over a year I think. I was elected as McKinley's successor after 1890. D. H. Armistead is dead, died about July 1891 I think and J. M. Lee is dead also, died a year ago or little over. /s/ John Cale DEPOSITION: JAMES HARGIS. 55 years of age. /s/ Jas. Hargis DEPOSITION: J. G. HOLLIMAN. [A. B. Holliman] is my uncle. /s/ J. G. Holleman DEPOSITION: ROLAND TERRY. 60 years of age. /s/ Roland Terry DEPOSITION: W. R. WATTS. While I was in business in Granville in the year 1889 or 1890, Mr. A. B. Holliman came to my store . . . /s/ W. R. Watts W. B. BECK & W. R. WATTS, ADMINISTRATORS OF J. M. LEE, DECEASED, VS R. J. MONTGOMERY, ET. ALS. REPORT OF SALE. 10 Nov. 1892. . . . offered for sale two tracts of land [that belonged to J. M. Lee] named and ordered to be sold in said Decree. The second tract offered is described in the complainant's Bill as follows: Bounded by the lands of T. J. Lee on the North, the lands claimed and occupied by James Stout, Jonathan Wheeler and perhaps others and lies in the 5th District of Jackson Co. and contains five or six acres. This tract was sold to W. R. Watts at the price of $6.00 . . . Next offered the other tract mentioned in complainant's Bill, which is described as follows: Bounded on the South by Martins creek, West by Cam Smith, North by the Homestead tract laid off to J. M. Lee, East by the lands of Jeremiah Haile. Said land lies in the 5th Civil District of Jackson Co. TN and partly in Putnam Co. TN and contains 100 acres more or less. This tract was sold to R. J. Montgomery at the price of $500.00 . . . Deposition taken: 15 Sept. 1892 at Granville TN. DEPOSITION: W. R. WATTS. I am one of the administrators of J. M. Lee, deceased. /s/ W. R. Watts Deposition taken: 5 Aug. 1892. DEPOSITION: W. W. DRAPER. . . . W. M. Brown, Deputy sheriff of Jackson Co. . . I recollect that I went to see J. M. Lee twice to get some money for G. B. Murray due Murray & Sons from J. M. Lee for attorney fees in the Tom King murder case. /s/ W. W. Draper Deposition taken: no date. DEPOSITION: T. J. LEE. /s/ T. J. Lee Deposition taken: no date. DEPOSITON: W. B. BECK. /s/ W. B. Beck THE BILL OF COMPLAINT OF W. B. BECK & W. R. WATTS, ADMINISTRATORS OF J. M. LEE, DECEASED AGAINST ALEXANDER B. HOLLIMAN & VIOLA HOLLIMAN, all of Jackson Co. TN. 4 Feb. 1892. . . . J. M. Lee departed this life intestate in Jackson Co. TN on or about the [blank] day of [blank] 1891. THE BILL OF COMPLAINT OF W. R. WATTS & W. B. BECK, Administrators of J. M. Lee, deceased, and in their own right & Martha Lee, the widow & relict of said deceased, all citizens of Jackson Co. TN against R. J. Montgomery, James Hargis of the law firm of Hargis & Watts, Wm. Vititoe, T. J. Lee, Y. W. Williams, M. L. McKinley, J. S. Spurlock, Gordo Beck, Belle Watts, John Lee, Jeff Lee, Ann Lee, Elinore Lee, Jane Lee, Jim Lee, & Willie Lee, the last seven of whom are minors without general Guardian. Defendants Gordo Beck Belle Watts are femme covert, being wives of complainants W. B. Beck [& W. R. Watts--this name, W. R. Watts is left out of this document, but is in another document -bp.] & John H. Stafford & Jno. P. Murray, Murray & Son composed of names of J. P. Murray & G. B. Murray, all of Jackson Co. TN. Filed 26 Aug. 1891. Most of these defendants are creditors. There are many more creditors that ask, in other documents, to be included in this suit. Presumably Gordo Beck, Belle Watts, John Lee, Jeff Lee, Ann Lee, Elinore Lee, Jane Lee, Jim Lee, & Willie Lee are children of J. M. Lee. -bp. They charge that the assets of said estate are insufficient to pay the debts thereof. . .it will be necessary to sell the lands hereinafter named. . . Complainant Martha Lee is the widow and relict of said deceased and as such is entitled to Dower out of the lands hereinafter described. She is not entitled to Homestead out of said lands and does not claim the same because in the lifetime of her husband, Homestead was assigned to him out of other lands that deceased owned at that time. She is advised that upon her [sic] death said Homestead right descended and vested in her and her minor children. [I imagine that this should say "his death." -bp.] Your orator charges that at the time of the death of said J. M. Lee, he was the owner of the following described real estate, to wit: [two tracts are described in the above Report of Sale -bp.] One other tract of land in the 7th District of Jackson Co., Bounded by the lands of Bill Fuqua, Dock Neil and others, containing 40 acres more or less, being the same purchased by R. J. Montgomery and by him sold to defendant J. M. Lee. The said J. M. Lee is also the owner of an undivided one third interest in a Steam Saw and Grist Mill located on Spring fork of Martins creek and defendants T. J. Lee and Wm. Vitatoe are the owners of the other two thirds thereof. -------------------------------------------------------------------------------- NEW: BELL, ROBERT F. VS. POTEET, THOS. J. ET. AL. CHANCERY, 1853. This case is about debts and has nothing specifically genealogical in it. -bp. -------------------------------------------------------------------------------- NEW: BENNETT, CORA VS. BENNETT, SMITH. CHANCERY, 1902. THE BILL OF COMPLAINT OF CORA WHEELER, A CITIZEN OF JACKSON CO. TN AGAINST SMITH WHEELER, ALIAS SMITH BENNETT, A CITIZEN OF THE STATE OF KY. 10 June 1902. . . . she and the defendant were married in said county on or about Aug. [blank] 1894 and lived together for about one year, and then the defendant willfully abandoned her and went off to the State of KY, leaving her without any means of support whatever and the defendant has ever since said abandonment refused and neglected to provide for her and her child that was born to her as the issue of her said marriage. She asks for divorce and restoration of her maiden name of Cora Payne and for general relief. -bp. Cora Benatt (her mark) -------------------------------------------------------------------------------- NEW: BENNETT, NANCY VS. BENNETT, JAMES. CIRCUIT, 1881. NANCY BENNETT, A CITIZEN OF JACKSON CO. AGAINST JAMES BENNETT, WHOSE RESIDENCE IS UNKNOWN. 2 May 1881. . . . James Bennett left her about two years ago . . . left her with two little children, W. R. Bennett and J. F. Bennett . . . Asks for divorce and to be restored to her maiden name of Nancy Anderson, and for custody of her children. DIVORCE DECREE. No date. Divorce granted. -------------------------------------------------------------------------------- NEW: BENNATT, WILLIAM T. VS MARTIN, THOMAS L. CHANCERY, 1880. THE BILL OF COMPLAINT OF WILLIAM L. BENNATT, a citizen and resident of Smith Co. TN against Thomas L. Martin who is a citizen and resident of Jackson Co. TN. 3 Sept. 1880. . . . Robert Holliday, late of Jackson Co. TN, departed this life intestate in said county, the place of his residence, on the [blank] day of May 1880 . . . complainant . . . was . . . appointed . . . as the administrator of the estate of said Robert Holliday, deceased . . . . . . in 1880 defendant Thomas L. Martin and the intestate of complainant entered into co-partnership in the retail merchandise business on Salt Lick creek in Jackson Co. TN. He says that Robert Holliday furnished all of the funds for this enterprise. - bp. -------------------------------------------------------------------------------- NEW: BENNATT, W. T. VS. COX, R. A. ET. AL. CHANCERY, 1879. THE BILL OF COMPLAINT OF GEORGE H. MORGAN, a citizen of Putnam Co. TN, M. G. Butler & L. K. Smith, citizens of Jackson Co. TN against Newton Moore & wife Catherine Moore, citizens of Jackson Co. TN. This Bill is about debts. -bp. THE BILL OF COMPLAINT OF W. T. BENNATT, a citizen of Jackson Co. TN against Robt. A. Cox, M. A. C. Eaton formerly, now M. A. C. Frost, Augustus S. Lock, Newton Moore and his wife C. F. Moore, H. W. Williams and W. H. Young, all citizens of Jackson Co. TN, J. W. Lock, a citizen of Macon Co. TN, Hugh McCrea & John W. Terross of Davidson Co. TN, Wm. T. Lock of the State of Texas and Jno. Sadler, C. F. Sadler, Wm. T. Sadler, James A. Sadler, all of Texas. 17 Jan. 1879. This is about a judgement made in 1878 -bp. Defendants Sadler are minors. -------------------------------------------------------------------------------- NEW, BERRY, GAIL VS. MC COIN, E. M. CHANCERY, 1913. PETITION OF CLAY REEVES. 30 Jan. 1919. . . . E. M. McCoin died, leaving a widow, Lou McCoin, and one child, Martha D. McCoin. Your petitioner, Clay Reeves, was duly and legally appointed Guardian for the said Martha D. McCoin, by the County Court of Jackson Co.; he qualified and is now acting as such. The said Martha D. McCoin is about eleven or twelve years of age, and is the only child and heir at law of E. M. McCoin, deceased. She, with her mother, is now living in Cookeville, Putnam Co. TN where she is attending the City School. Complainant Gail Berry has also died . . . his son, T. N. Berry. WILL. 15 Aug. 1904. I, Martha D. Mercer of the County of Jackson and State of TN. . . I will and bequeath to Susan Pharris, widow of Leroy Pharris, deceased, the sum of $800.00, to be paid to her out of the proceeds of my personal estate, and if she should die before the same is collected, and paid to her, then the amount is to be paid to the administrator of her estate, to be by him distributed legally between her two sons, or their legal heirs, if either should not be living at that time. . . All the rest and residue of my person estate, of whatever kind or character, I will and bequeath to W. C. Pharris and A. J. Pharris, sons of Susan Pharris, the same to be equally divided between them. I have heretofore, to wit, on the 11th day of June 1904, executed a deed to the tract of land on which I now live, known as the J. J. Mercer home place, on Roaring River in the 9th District of said county, to my kinsman E. M. McCoin and A. M. McCoin. . . ORDER OF PROBATE. 1st Mon. in Sept. 1910. . . . Martha D. Mercer . . . has recently died. . . DEED. 11 June 1904. Whereas my husband, J. J. Mercer, on the 8th day of May 1886 purchased a tract of land hereinafter described from J. T. Anderson, the Admr. of the will annexed of Edward Mercer, deceased, assuming as part consideration for said land, to keep, care for and support one Polly Jane Mercer, for and during the remainder of her natural life, she being a confined lunatic, and her support having been made a charge upon said land under and by virtue of the terms of the last will and testament of said Edward Mercer, deceased. And whereas my said husband died on the 12th day of July 1887, leaving the said lunatic Polly Jane Mercer, who survived him until the 9th day of Oct. 1902, when she died. And whereas my said husband, prior to his death, to wit, on the 11th day of Feb. 1887, made and published his last will and testament naming myself as Executrix of his estate, which trust I accepted and executed. . . . Now, therefore I, Martha D. Mercer as Executrix aforesaid, and also in my own right, for the consideration of $1500.00 in a note this day executed to me by E. M. McCoin, A. M. McCoin and W. D. McCoin as security of this date and due and payable as therein stated, and the further consideration that said E. M. and A. M. McCoin shall in the future assist me in the management of my business if called upon to do so, and shall see that I am not neglected when sick and shall after my death see that I am given decent burial, I do hereby sell, transfer and convey unto the said E. M. McCoin and A. M. McCoin, said tract of land which is here bounded and described as follows: Lying in the 9th Civil District of Jackson Co. TN on Roaring River, the same whereon my husband lived at his death and the same purchased by him from J. T. Anderson, Admr. aforesaid, to which deed reference is had for boundaries, and excluding from said boundaries the lands conveyed by my husband in his lifetime to T. J. Mercer, known as the Murray & Butler land, and excluding also the lands heretofore conveyed by me and now in the possession of W. D. McCoin & Co. and excluding also the graveyard on the place and granting to the public the right to bury the dead in said graveyard and the right of way to and from said graveyard. By this deed I only convey the remainder interest in said land to said E. M. and A. M. McCoin, after the termination of my life estate therein. I expressly reserve the use, occupancy and control of the same, and the right to cut, use and sell timber therefrom during my life. WILL. 11 Feb. 1887. I, James J. Mercer . . . I will and devise to my beloved wife Martha D. Mercer absolutely all of my personal property . . . I will and devise to my beloved wife Martha D. Mercer for and during her natural life all of my real estate of which I may die seized and possessed consisting of the farm on which I now live, and the farm lately occupied by T. J. Mercer, known as my old homestead place where I formerly lived and all other lands which I now or may own . . . It is my will and desire that at the death of my wife, Martha D., that all of my real estate which may then remain, be disposed of as follows, to wit, one half of said real estate my wife, Martha D., may dispose of by will as she pleases, and the other half of said real estate I will and desire after the death of my wife to James J. Mercer, Jr. and Geo. Campbell Mercer $300.00 out of said reality and the remainder of said land or it's proceeds to be equally divided between my four grandchildren, Jas. J. Mercer Jr., George Campbell Mercer, Lorenzo Mercer and Luther Mercer . . . THE BILL OF COMPLAINT of Gail Berry, complainant, a resident citizen of the State of Texas against E. M. McCoin, A. M. McCoin, Will Pharris, Ab Pharris, Kavander Lynn, her husband John Lynn, Eliza Burris and her husband Jim Burris, Ned Mercer, Jim Mercer, G. C. Mercer, Lorenzo Mercer, Luke Mercer, Johnie Mercer, Melia P. Mercer, residents of Jackson Co. TN, & Nellie Huffines, Rosco Huffines, residents of Clay Co. TN. No date. . . . Polly Jane Mercer, a lunatic, who was the sister of the testator [J. J. Mercer]. . . . Susana Pharris, the mother of defendant Pharris's . . . . . . at the death of J. J. Mercer, he was the owner of the following described land lying in the 9th Civil District of Jackson Co. TN, to wit, Bounded on the north by Butler & Murray, now A. J. Pharris & Proctor, on the east by Warren Smith & Young, on the south by Young & Roaring River & Lynn, on the west by Roaring River & Munroe Maberry & D. N. Johnson. Complainant charges that J. J. Mercer adopted T. J. Mercer & made him his legal heir & that T. J. Mercer died several years back but since the death of J. J. Mercer and he was the only heir of J. J. Mercer; he left surviving him the defendant Mercer children, to wit, Ned Mercer, Jim Mercer, George Campbell Mercer, Lorenzo Mercer, Luke Mercer, Eliza Burris who married James Burris, Johnie Mercer, Melia P. Mercer, Nellie Mercer, who intermarried Roscoe Huffines, Kazander Lynn who intermarried John Lynn . . . Depositions taken: 23 Sept. 1919 J. W. MORGAN. 69 years old, live in the 9th District of Jackson Co. and am a farmer. /s/ J. W. Morgan DEPOSITION: WARREN MORGAN (recalled). Quest. Your daughter married a son of T. N. Berry . . . didn't she? Ans. Yes, Sir. Quest. You are also the uncle of Mr. D. B. Johnson, Solr. for Mr. Berry in this case, are you not? Ans. Yes, Sir. /s/ J. W. Morgan DEPOSITION: JOE B. LYNN. Age 33, live in the 9th District of Jackson Co. and am a farmer. Quest. You married a daughter of T. N. Berry . . . did you not? Ans. Yes, Sir. /s/ J. B. Lynn DEPOSITION: CLAY MASTERS. I am 59 years old, live in the 9th District of this county and am a farmer. /s/ W. C. Masters DEPOSITION: ALBERT LYNN. I am 42 years old, live in the 9th District of Jackson Co. and am a farmer. Quest. What relation are you to J. B. Lynn, who is a son-in-law of T. N. Berry? Ans. We are second cousins; my father and Joe was first cousins. /s/ Albert Lynn DEPOSITION: H. J. LYNCH. I am 39 years old, live in 1st Civil District of this county, 4 1/2 miles east of Gainesboro. I am a farmer and Trustee for Jackson Co. /s/ H. J. Lynch DEPOSITION: G. W. CHAPMAN. I will soon be 66, live in the 1st District of this county and am a farmer. Quest. Do you own two good farms on Roaring River? Ans. Yes, reasonably good ones. /s/ G. W. Chapman Depositions taken: 24 Sept. 1919. DEPOSITION: W. A. OVERTON. I am 53, a farmer and live in the 9th District of this county. /s/ W. A. Overton DEPOSITION: C. G. WHITAKER. I am 33 years old, live in the 9th District of this county and am a farmer. Quest. Was you raised on Roaring River? Ans. Yes, Sir. /s/ C. G. Whitaker DEPOSITION: W. J. BURRIS. 38 [years old], merchant, and live in the 9th District of this county. /s/ W. J. Burris Deposition taken: 1 Oct. 1919. DEPOSITION: J. H. STAFFORD. I am 71 years old, live in Gainesboro TN and am a farmer. /s/ J. H. Stafford Deposition taken: 7 Oct. 1919. DEPOSITION: AMOS MORGAN. 65 years old. I am a minister and Singer Sewing Machine agent, live in Jackson Co. TN. Quest. Was you raised on Roaring River? Ans. I was. Quest. With whom do you make your home? Ans. I make my home with Clarence Whitaker and with Gailey Berry, sometimes at Noah Whitaker's. Quest. What relation are you to Gailey Berry and what relation is he to T. N. Berry, who is interested in this law suit? Ans. Gail Berry, by marriage is a nephey and he is a son of T. N. Berry. /s/ A. C. Morgan DEED. 11 Jan. 1919. We, J. S. Berry and G. W. Berry, this day sell, transfer and convey to T. N. Berry our interest that was conveyed to us by our father Gale Berry by Deed dated Feb. 25, 1915, it lying and being in the 9th Civil District of Jackson Co. TN and bounded on the north by E. M McCoin's estate, on the east by Berry & Young, on the south by Joe Loftis, and on the west by A. M. McCoin, it being on Roaring River and containing about 200 acres more or less. This conveyance conveys our undivided interest in the above described tract of land, one half of the same being conveyed by our father Gale Berry to T. N. Berry, J. S. Berry and G. W. Berry, the other undivided half being owned by Martha D. McCoin and Lou McCoin having a marital right as the widow of E. M. McCoin, deceased. WILL. 26 Aug. 1860. I, Edward Mercer, of the County of Jackson and State of TN . . . I give and bequeath unto my beloved wife Jane Mercer all of my estate both real and personal and mixed consisting of lands containing about 500 acres by deed made to me by William Harris, the same where I now live, also the following named negro slaves: David, Sukey, Elizabeth, August and America . . . to have and to hold during her natural life or widowhood with the following request and condition, which I wish and request my said wife to carry out which is one cause of my leaving as much property and effects of my estate in the possession and control of my beloved wife--that is my daughter Polly Jane Mercer is now a lunatic and will perhaps remain so during her life. My will is that my wife keep and support her on the farm during the life of my said wife. If said Polly Jane should outlive her mother, also my daughter Manerva Mercer is still living with me and single, my will is that my wife keep and support her during my wife's life or the single life of my daughter. I have heretofore given unto my son Jones Mercer one negro man named Anthoney . . . I have heretofore given unto my daughter Sarah Ann Cox, wife of John C. Cox, one negro girl named Martha . . .I give and bequeath unto my daughter Harriett Caruthers and the heirs of her body one negro girl now in my possession named Amanda . . . I have heretofore given unto my daughter Eliza Whitten, wife of Joel Whitten, one negro girl named Rhoda . . . I have heretofore given unto my daughter Levernia C. Hix, wife of Isaac Hix, one negro girl named Ann . . .I give and bequeath unto my daughter Amanda M. Brown and the heirs of her body one negro girl named Mary . . . I have heretofore given unto my deceased daughter Letha McCarver and her husband Leonardus McCarver . . . I give and bequeath unto my two grandsons Pinkney McCarver and Edward McCarver, sons of Aletha McCarver, deceased, a negro boy named Jim . . . I give and bequeath unto my daughter Manerva Mercer one negro boy named David . . . He goes into detail about his estate at the death or remarriage of his wife and about how Polly Jane is to be cared for. -bp. Deposition taken: no date. DEPOSITION: MARION HARRIS. I am 65 years of age and live at Meigsville in this county. I am a farmer, preacher and merchant. I had a clerk in the store at the time mentioned [Oct. 15, 1902]. It was Eph Hampton. He kept the books of accounts while he was there and I think he was there for five years, maybe longer. He is in Texas as [of] now. He has been gone to Texas five years, something like that. /s/ Marion Harris Depositions taken: 14 Oct. 1913. DEPOSITION: ASA JOHNSON. I am 80 years old and I live on roar [Roaring?] river a mile above the mouth of Spring creek. Yes, I got a raft of logs off of the Mercer farm. Sam Johnson, Bert Johnson, Wash Chapman and Josh Chapman were in the deal with me. . . . to Little Jones [Mercer] was paid to him and the balance to the old man [Jones Mercer] . . . Quest. How many rafts did you and your brothers get out . . . /s/ Asa Johnson DEPOSITION: WM. C. SCOTT. Quest. Where did you live at the death of Jones J. Mercer? Ans. I lived in the Scott hollow on Roaring river--near the Mercer farm. Quest. What horses were there on the place when Mr. Mercer died . . . Ans. There were a black mare, a sorrel mare and a two year old colt. The black mare was the one that killed the old man Mercer. /s/ W. C. Scott Depositions taken: 15 Oct. 1913. DEPOSITION: GEO. C. MERCER. Aged 44 years. Are you the same George Campbell Mercer mentioned as one of the devisees in the will of your grandfather J. J. Mercer, deceased, and a brother to the other devisees mentioned in said will, to wit, J. J. Mercer, L. D. Mercer and Luther Mercer? Ans. Yes, Sir. Quest. Say if or not you and your said brothers sold and conveyed your respective interests in said estate passing under said will, if so, to whom? Ans. We sold to Mr. Gail Berry. G. C. Mercer (his mark) DEPOSITION: A. C. CHAFFIN. I live in the 1st District of this county and I am County Surveyor of Jackson Co. I am 27 years old and I have been a Surveyor one year. Quest. Who carried the chain [when the land was surveyed, about five months ago]? Ans. Charley Scott and Dallas Scott. Quest. That survey was made just before Dallas was put in jail for [unreadable] or selling whiskey, wasn't it? Ans. It was some time before, but I don't know just how long. Charley has a house of his own, though he lives there on Martin's [McCoin's] land. Dallas lives with Averett McCoin, and Charley lived on Averett's land at the time the survey was made. If Charley has ever been in jail I don't know it, and Dallas has only been in jail but once that I know of and that was for Public Drunkenness. /s/ Abner C. Chaffin DEPOSITION: MILLARD F. LOFTIS. I am 55 years old. I live in the 8th District of this county. /s/ Millard F. Loftis DEPOSITION: A. H. JOHNSON. I am 59 years old. I live on Roaring river in the 1st District of this county. I have lived on Roaring river all my life. Quest. State whether or not you own a good productive farm on said river. Ans. Yes, Sir. /s/ A. H. Johnson DEPOSITION: JAMES MERCER. I am 47 years old and live in the 8th District of this county. I am the same James Mercer mentioned in Jones Mercer's Will and one of the beneficiaries under the Will. Quest. Did you sell your interest in said Will to the complainant Gail Berry? Ans. Yes, Sir. . . . W. D. McCoin, the father of Martin McCoin . . . My father's name was Jones Mercer, and known as "Little Jones." Quest. Where have you lived for the past twenty years? Ans. I have been in Illinois part of the time and in Kentucky. In these two states about eight years. The balance of the time up in the 8th District of this county in Big bottom and on Brimstone. . . . me and my brother Tobe . . . I lived in Clay [county] pretty near four years. That has been about seven years ago since I left Clay. /s/ J. J. Mercer Deposition taken: 19 Dec. 1912. DEPOSITION: G. C. MERCER. I am going on 44 years of age. I live in the 8th District of this county. I was raised and lived right there at her [Martha D. Mercer] until I was 18 years old. . . . it was in my first wife's lifetime and she has been dead about fourteen years as I remember. Quest. Did your father and grandfather, J. J. Mercer, not have a fight a short time before the death of J. J. Mercer? Ans. I don't know they fought. I was not present. I understood they had a fuss and tried to fight. Quest. Did they not get very mad at each other and stay mad as long as J. J. Mercer lived? Ans. My understanding is they got mad, but I don't know whether they were mad when grandfather got killed or not. Quest. Just after J. J. Mercer's death, did your father and Mrs. Mercer not have a long, hard fought law suit? Ans. They had a lawsuit. I reckon it was a hard fought one. I wasn't concerned in it no way. /s/ G. C. Mercer Deposition: 23 Jan. 1913. DEPOSITION: W. C. SCOTT I am 44 years old. I live on Roaring river. I am a farmer and blacksmith. W. C. Scott (his mark) Deposition taken: 24 Jan. 1913. DEPOSITION: STEVE STRONG. I guess I am about 52 years old. My occupation is a little of everything. Steve Strong (his mark) Deposition taken: no date. DEPOSITION: MRS. BELLE PHARRIS. [I am] the wife of W. C. Pharris. Quest. How long have you lived on the Mercer farm? Ans. Twenty years. I understood that old Jones adopted Little Jones . . . /s/ Belle Pharris PETITION OF LOU MC COIN. 18 Oct. 1922. . . . she is the widow of E. M. McCoin, deceased, and that said E. M. McCoin died intestate in Jackson Co. in the year 1914, leaving this petitioner as his widow and Martha D. McCoin, a minor, as the only child and heir at law. . . . she, after the death of her husband, removed with their daughter to Cookeville, Putnam Co. TN where their daughter could have better educational advantages and that both now reside at a home which this petitioner has purchased in Cookeville, TN. She states that at the time of the death of her husband, Martin McCoin, he was the owner of five tracts of land situated in Jackson Co. and bounded and described as follows: 1st tract: Situated and lying in the 1st Civil District and containing about 125 acres and bounded on the north by the Cumberland River, on the south by Tinsley, on the east by Montgomery and on the west by Draper. 2nd tract: Situated and lying in the 6th Civil District and containing about 230 acres and bounded on the north by Gaw, on the south by Warren, on the east by Strong and on the west by Scott. 3rd tract: Situated and lying in the 6th Civil District and containing about 30 acres and bounded on the north by Cox, on the south by Johnson, on the east by Gore and on the west by Gaw. 4th tract: Situated and lying in the 9th Civil District and containing about 225 acres, bounded on the north by the District Line, on the south by Roaring River, on the east by Young and on the west by Anderson. 5th tract: Situated and lying in the 9th Civil District and containing about 50 acres and bounded on the north by Scott, on the south by Roaring River, on the east by Maberry and on the west by Gore. . . . in the year 1918 she was assigned homestead and dower . . . . . . Martin McCoin . . . was the owner of only one half undivided interest in tract No. 4 and that the heirs of Gail Berry were the owners of the other half and this tract was sold by decree of your Honor and partition of the funds had. THE BILL OF COMPLAINT of Johnnie Byers, the regular Guardian of Martha D. Byers, and Lou McCoin, both residents of Putnam Co. TN against C. D. Loftis, a resident of Jackson Co. TN and Martha D. Byers, a resident of Putnam Co. 10 Oct. 1923. . . . the defendant Martha D. Byers is an infant, that her father is dead, that she married the complainant Johnnie Byers, who is also her regular guardian and that the complainant Lou McCoin is her mother, and that said minor is now 17 years of age. They ask that a one acre parcel of land be sold to C. D. Loftis for $1000.00. - bp. Deposition taken: Sept. 1919. DEPOSITION: A. M. MC COIN. I am 35 years old, [residence] Gainesboro, R. 1, TN, farming. I am interested in it [the farm in dispute] because my deceased brother's heirs owned an interest in it. Quest. . . your brother, Martin McCoin . . . Quest. You are separated from your wife and she is divorced from you, is she not? Ans. Yes to both. Quest. She was divorced to you on the grounds that you were guilty of adultery with a lewd woman and for cruel and inhuman treatment, wasn't she? Ans. She charged me with the above offense and was granted a divorce. Quest. You have been imprisoned for Public Drunkenness, haven't you? Ans. No, Sir. Quest. What was you imprisoned for? Ans. Disturbing Public Worship. Quest. How long has it been since you was in jail? Ans. Seven years this fall. Quest. How many times were you ever put in jail? Ans. One time. /s/ A. M. McCoin DEPOSITION: S. G. GORE. I am 74 years old, live in Gainesboro TN and am a farmer. I have lived in a mile and a half of it [the J. J. Mercer lands] all my life. Quest. What relation are you to J. J. Gore, one of the lawyers in this case, and H. L. McDearman, the guardian? Ans. Well, I am John's uncle and McDearman's wife's uncle. Quest. Ain't it a part of Averett McCoin's general character that he was keeping a lewd woman and on that account and his cruel and inhuman treatment of his wife was divorced from him? [sic]. Ans. Well, I have heard it said that he kept a lewd woman . . . I have heard it said that he was still going to see her. I don't know it to be a fact. Quest. I will ask you if it ain't a part of his general character that he is a public drunkard and gambler and has been ever since he was grown? Ans. Well, I have seen him drunk several times but I don't know anything about him gambling. Well, I have heard of him gambling some, or it was said so; I don't know it. Quest. You have had some reputation yourself in the way of being bad after women, haven't you? Ans. No Sir, not very bad. Quest. But you do admit you have had a little in that line, don't you? Ans. Ah. Men have done a heap worse than I have. Quest. Is it not . . . a fact, and a part of his general character, that for the past six or eight years he [Averett McCoin] had quieted down and is not as wild as he formerly was? Ans. Yes, Sir. /s/ S. G. Gore Depositions taken: 22 Sept. 1919. DEPOSITION: W. H. DUDNEY. Age 36, residence Gainesboro TN and am a farmer. I have a river bottom farm and a hill farm both. Brother George Dudney . . . /s/ W. H. Dudney DEPOSITION: MAJOR FLYNN. I am 46 years old, live in the 8th District of this county and am a farmer. Quest. What size farm do you own and is it a hill farm or a river farm? Ans. 250 acres, and it is a river farm, of course there is some hill land on it. /s/ Major Flynn Depositions taken: 30 Sept. 1919. DEPOSITION: G. W. BARKSDALE. I am 49 years old, live at Celina TN and am a timber man, buying logs for Luberman, Luberman & O'Brien. Quest. How long have you been buying and shipping timber and logs in this upper Cumberland territory? Ans. Well, more or less for twelve or fifteen years. /s/ G. W. Barksdale DEPOSITION: A. J. PHARRIS. 61 years old, live in the 6th District of this county, and am a farmer. Quest. What official position do you hold in Jackson County and how long have you held said position? Ans. Justice of the Peace, since 1900. Quest. Is Newt Warren not a very fractious man, and deaf and dumb? Ans. Yes, Sir. /s/ A. J. Pharris DEPOSITION: BILL SCOTT. I am going on 52, live in the 6th District of this county and am a farmer. /s/ W. C. Scott DEPOSITION: OLIVER HIX. [Age] 30, live in 9th District of this county, and a farmer. /s/ Oliver Hix Depositions taken: Oct. 1912. DEPOSITION: A. J. PHARRIS. I am 54 years old. I live in the 6th District of this county and am a farmer. I have known the [Martha D. Mercer] farm all my life. Quest. You were related to Lee Roy Pharris, wasn't you? If so, what relation? Ans. He was my uncle. Quest. You was well acquainted with your Aunt Susan Pharris . . . Ans. Yes, Sir. I was well acquainted with her. [Will Pharris] is a reasonably good worker but he is so fleshy he couldn't work fast in hot weather. I am Justice of the Peace for this county and have been for twelve years. /s/ A. J. Pharris DEPOSITION: GEO. CHAPMAN. I am 62 years of age. I live on Roaring river and a farmer. I was born and raised within three or four miles of that place [the farm in litigation]. /s/ G. W. Chapman Depositions taken: 15 Oct. 1912. DEPOSITION: H. J. LYNCH. 33 years old, residence is near Gainesboro, about one mile southeast. I have been Sheriff two terms. I was first elected in 1906 and held until Sept. 1910. /s/ H. J. Lynch DEPOSITION: MONROE MABERRY. /s/ Monroe Maberry LETTER. From City of Nashville, Office of the Mayor. C. P. McCarver, Mayor. Feb. 22, 1888. Dear Aunt Martha, Chatty family letter, asks her to come and live with his family. Offers to find her a suitable horse, and says he will sell her black mare. -bp. Your nephew, C. P. McCarver. End of Roll. Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ 49 ================================================================================ Jackson Co., TN Loose District/Chancery Court Papers Reel #49, Berry, G. - Botts, A. Vol: 1839-1915 Genealogical Abstracts by Bonnie Parker Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm -------------------------------------------------------------------------------- NEW: BERRY, GAIL VS. MC COIN, E. M. ET. AL. CHANCERY, 1913. This is a new folder, but it is a continuation of the last case on Roll No. 48. -bp. Depositions taken: 22 & 23 July 1912. DEPOSITION: JOHN R. CHAFFIN. I am 61 years old. Am a farmer and live on Roaring river in the 1st District of this county. Quest. Is W. D. McCoin living or dead? What relation was he to Defts. E. M. & A. M. McCoin? Ans. He is dead. He was the father of E. M. & A. M. McCoin. /s/ J. R. Chaffin DEPOSITION: B. B. CHAFFIN. I am 63 years old. I live on Roaring river. I live about 1 1/2 miles from the land involved in this suit. I have lived in the neighborhood of said land for 53 years. My Bro. John Chaffin . . . DEPOSITION: AMANDA SCOTT. I am 53 years old. I live in the Sixth District of this county. I was acquainted with Martha Mercer in her lifetime. I have lived on her land. We lived on her land for eight years before her death and up to her death and the balance of the year she died. We had our crop planted when she died. . . . Jake Scott (my husband) . . . We bought that place where we lived and where we now live and stayed on it until we moved down to Aunt Martha's but I don't remember how long we had owned it. It is about two miles and a half from the Mercer farm. . . . Cansada Pharris, wife of Abb Pharris . . . Amanda Scott (her mark) Depositions taken: 27 Feb. 1912. DEPOSITION: JAKE SCOTT. I am over 50 but I don't know my age exactly. I live in the 6th Dist. of this county. I am a farmer. I lived there [on the Edwin Mercer place] eight years. I left there on the first day of Jan. 1911. . . . Susan Pharris . . . her children Will and Abb . . . Jake Scott (his mark) DEPOSITION: MRS. BETSY SCOTT. I am 59 years old. I live in the 9th District on Roaring river. Quest. What is your husband's name and how long have you been married? Ans. His name is Mart Scott but I don't know how long we have been married but some ten or eleven years. She says she did the washing for the Pharrises and Mrs. Mercer for ten or twelve years. -bp. Elizabeth Scott (her mark) Depositions taken: 28 Feb. 1912. DEPOSITION: W. L. BROWN. I am 49 years old and live in 6th District. I farm and carpenter. J. J. Mercer was my uncle and Martha D. Mercer was my aunt by marriage and Polly Jane Mercer was my aunt - sister of my mother. Wayman Hawkins lived up there on Roaring river about 2 1/2 miles from Aunt Martha's; his wife was Polly Jane's niece and also a niece of Mrs. Martha Mercer and my sister. I have heard Uncle James, Aunt Martha, Aunt Manerva and Grandma - James mother, all say so. . . . my sister, Jane Hawkins, and her husband, Wayman Hawkins. Quest. How many children have you? Ans. I have ten living. Quest. How many rooms to your house now and what is the greatest number of rooms you have had at any time since your marriage? Ans. Two rooms in my house and that is the greatest number I have ever had except the house I got burned had two rooms and a loft that we used. Wayman Hawkins is dead. Quest. What did you get out of the Mercer estate, I mean your grandfather's estate? Ans. I got about $200 for it. Maybe a little on the rise. I got about $300 out of my Aunt Manerva's estate. Quest. How much land do you now own . . . Ans. I don't own any myself. I had about 35 acres and I have deed that to my children. /s/ W. L. Brown DEPOSITION: M. F. YOUNG. I am 62 years old. Live in the 9th District of this county. Am a farmer and a merchant. I have known it [the old Edwin Mercer farm] I expect for 50 years. I live joining farm to it. Quest. How long have you lived on adjoining farm to said Mercer place? Ans. Eleven years. J. J. Mercer died on the 12th day of July 1887. [Polly Jane] seemed to be an entire idiot. I heard Mrs. Mercer say of her father and R. P. Brooks being related but I have forgotten just what it was and I have heard her speak of Martin and Averett McCoin being related to her. Quest. Did she have any other kin in that neighborhood? Ans. Not that I know of. Only the Mercers, kin to her by marriage. /s/ M. F. Young Depositions taken: 1 & 2 March 1912. DEPOSITION: H. H. JOHNSON. I am 58 years old. I live on Roaring river, farmer by occupation. I have lived on the farm where I now live all my life, since I moved there at the age of four years. I have lived all my life on an adjoining farm to it [the Edwin Mercer farm]. Pink McCarver was not any blood kin to Aunt Martha Mercer that I ever heard of. He was a nephew of J. J. Mercer, as his mother was J. J. Mercer's sister. Quest. Was or not Geo. R. Loftis along then a drinking man and addicted to the liquor habit and at times got drunk or under the influence of liquor? Ans. Yes, Sir, that is my understanding that he was. Quest. Do you know the A. M. McCoin farm lying adjoining it, formerly owned by D. N. Johnson . . . Ans. I know the farm mentioned - it was my father's farm. Quest. State whether or not Geo. R. Loftis has been a sober man for quite a number of years . . . Ans. I haven't heard of him drinking any in fifteen or twenty years. /s/ H. H. Johnson DEPOSITION: J. W. MORGAN. I am 61 years old. I live in the 9 Dist. in Jackson county. I am a farmer. I have known it [the Edwin Mercer farm] all of my life. /s/ J. W. Morgan DEPOSITION: JOHN W. LYNN. I am 55 years old. I live on Blackburn's fork near Roaring River. I am a farmer. I married his [J. J. Mercer's] granddaughter. T. J. Mercer, my father-in-law . . . Quest. Say whether or not J. J. Mercer had a sister named Manerva who lived with him at the time of his death? How long did she live after the death of her brother? Ans. Yes, he had a sister there by that name that lived with him. I don't remember how long she lived after J. J. Mercer's death. But I guess a year, maybe two years. Quest. Did or not James Mercer, a son of T. J. Mercer and grandson of J. J. Mercer, live with J. J. Mercer at the time of his death? Ans. I think he did. That is my recollection. /s/ John W. Lynn DEPOSITION: J. A. LOFTIS. I am 55 years old. I live on Roaring River in the 9th District. I am a farmer. I have known the farm for 35 years. I live in about a quarter of a mile from it. The River runs between my farm and the Mercer farm. /s/ J. A. Loftis -------------------------------------------------------------------------------- NEW: BERRY, GAIL VS MC COIN, E. M. ET. AL. CHANCERY, 1913. New folder, but still a continuation of the previous cases. -bp. Depositions taken: 22 Aug. 1912. DEPOSITION: JOHN WILEY. J. H. Wiley is my name; I am 60 years old. I live in the 9th Dist. of this county. I don't own any land nor never did. /s/ J. H. Wiley (his mark) DEPOSITION: W. M. SMITH. I live on Roaring River in the 6th Dist. of this county. I am a farmer on a small scale. I am 46 years old. /s/ W. M. Smith Depositions taken: 23 Aug. 1912. DEPOSITION: W. B. ALLEN. I am 36 years old. I live in the Sixth Dist. of this county and I am a farmer. I bought [my farm] from two different parties. I bought part of it from Smith & Lundy for which I paid $275.00 I think is what I paid both of them. The other part I bought from Frank Brown at $220.00 I think. I bought it all about seven years ago. I live in the 6th District of this county. I own land in the 6th District of this county and in the 3rd District of Overton county. I don't know exactly how many acres I own, but I suppose I own about 100 acres. /s/ W. B. Allen DEPOSITION: A. B. SMITH. I am about 47 years old. I live on Roaring River. /s/ A. B. Smith Deposition taken: 24 Aug. 1912. DEPOSITION: THOMAS COFFEE. I am 26 years old. I live in 6th Dist. of this county. Thomas Coffee (his mark) Depositions taken: 26, 28 & 29 Aug. 1912. DEPOSITION: A. [ABB] J. PHARRIS. I am 46 years old. I live in the 9th District of this county. [Leroy Pharris and his wife Susan Pharris] were my father and mother. The negro woman America had married and moved off. Quest. When did your father die? Ans. He died in 1902 is my recollection. My father died in Feb. . . She [Martha D. Mercer] died in April 20, 1910, if I am not mistaken. My mother just had two children, me and my brother Will. I was married the 25 day of July 29 years ago. I could count back and get the year but I can't give it now. I ain't no hand for dates. Quest. Where did you live the first eight or ten years after you married? Ans. If I am not mistaken, I lived on the ridge between Blackburn's fork and Roaring river. Quest. On whose land? Ans. I lived on my own part of the time, or all the time. Quest. Where did you live the next seven or eight years? Ans. I moved from my land on the ridge to Aunt Martha's . . . I owned 66 2/3 acres was what they told me. It was thin land. I don't own it now. Dock Allen owns it now. Quest. Since that time you have bought another farm, haven't you? Ans. Yes, Sir. . . . T. N. Berry, son of Gail Berry . . . Quest. Is he [T. N. Berry] or not a preacher? Ans. Yes, Sir. He [T. N. Berry] was at my house one time. He came there to marry my daughter. A. J. Pharris (his mark) DEPOSITION: JACOB SCOTT. Jake Scott (his mark) Deposition taken: 8, 9, 10 & 15 Oct. 1912. DEPOSITION: W. C. PHARRIS. I am 48 years old. I live in the 9th District on Roaring River on the Mercer farm. [Leroy Pharis and his wife Susan Pharis] are my parents. Quest. Are they living or dead, and if dead, when did they die? Ans. They are dead. Father died in Feb. 1903. Mother died since. She has been dead four or five years. I lived with [Martha D. Mercer] about 18 years. They [my parents] moved there [to live with Martha D. Mercer] in the spring of 1892. Quest. Tell if you know why Mrs. Mercer procured your parents to move into the house with her to live with her . . . Ans. I heard Mrs. Mercer say that they didn't have children and they could do anything that she wanted done, and she said she had known them a long time and knew them to be alright in every respect; and she thought they would be good hands to help take care of Polly Jane. Quest. Give the names of the parties who constituted Martha D. Mercer's household at the time your parents agreed to go there to live. Ans. Mrs. Mercer, George Walker (Col.) and his wife Merica (Col.) and Polly Jane Mercer. Quest. Tell what you know of this negro George Walker and what became of him. Ans. I don't know what became of him but Martha D. Mercer moved him away. She had him moved to a place called negro ridge--he was a bad negro. He would lay around and fox hunt and ride Aunt Martha's horses nearly to death. She said she had got afraid of him. [Polly Jane] died in the fall. She died the 10th of Oct. 1902. Quest. Where did you live when your father moved to Mrs. Mercer's? Ans. I lived out between Blackburn's fork and Roaring river about four miles from there. I lived at my brother's. Made that my home and generally worked on the mountains. Quest. How long after your father moved to Mrs. Martha D. Mercer's until you moved down on her farm? Ans. I was on the mountain at work when he moved down there. I came down home in July, and married my second wife on the 10th of July and I suppose he moved there sometime in the spring before that. I moved there on the 18 of Oct. afterwards. I never owned any land; don't own any now. /s/ W. C. Pharis -------------------------------------------------------------------------------- NEW: BERRY, W. H. VS. BERRY, VARINDA. CHANCERY, 1884. THE BILL OF COMPLAINT OF W. H. BERRY AGAINST VERRINDA BERRY, both of Jackson Co. TN. 7 Jan. 1884. . . . he and the defendant were intermarried in Jackson Co. TN about the [blank] day of Sept. 1878 and lived together as husband and wife up to about the [blank] day of [blank] 1880, about which time your orator was arrested and confined in jail of a charge of robbery. He was afterwards at the Jan. term 1881 at the Circuit Court of Jackson Co. tried and convicted and sentenced to the penitentiary for a period of ten years. But because of merits in his case he was afterwards on the [blank] day of Sept. 1882 fully pardoned by the Governor of the State and released from further imprisonment and thereupon at the Sept. term 1882 of the Circuit Court aforesaid, your orator was fully restored to all his former rights and privileges as a citizen of this State. Your orator states that during his temporary absence aforesaid, the defendant was guilty as he is informed and believes of [unreadable] and repeated acts of adultery and fornication with one William Harp and probably others--and thereby became pregnant with child by said Harp as your orator has been informed by her and she was in that condition when he returned home from the State Prison and was delivered of male child within about four months after your orator returned home. . . . when he found out she was pregnant he left her at once . . . He asks for divorce -bp. /s/ W. H. Berry -------------------------------------------------------------------------------- NEW: BILBREY, MARY E. VS. BILBREY, GEORGE. CHANCERY, 1893. DECREE. 21 Sept. 1893. . . . defendant was . . . guilty of adultery with one Mary Minor and is now living in adultery with her . . . Flora Bilberey [Bilbrey], the child of the parties. Divorce granted, custody of the child went to the mother. -bp. THE BILL OF COMPLAINT OF MARY E. BILBREY of Jackson Co. TN against George Bilbrey of the State of Texas. 25 March 1893. Complainant charges that she and defendant were married to each other 17 March 1878 in Clay Co. TN. They lived together as husband and wife until the fall of said year when the defendant willfully and maliciously abandoned complainant without any just cause and has never at any time provided for her since then. Some time during the next year or sooner he began an adulterous intercourse with one Mary Minor and shortly thereafter left the state with her. She is informed and charges that he now resides with said woman in the State of Texas. As the result of said marriage, there was born to complainant a daughter, Flora, who is now about fourteen years old and is in her custody. She asks for divorce and custody of the child. -bp. /s/ Lizzie Bilbrey -------------------------------------------------------------------------------- NEW: BILLINGSLEY, F. N., GDN OF S. A. MEDLIN HEIRS. COUNTY, 1911. This is merely accounts of the Guardian. Heirs are not specifically named as such, but some names could be picked out of the accounts if one wished to. -bp. -------------------------------------------------------------------------------- NEW: BILLINGSLEY, J. L., GDN. OF EDWARD JACKSON HEIRS. COUNTY, 1882. One document mentions Amos G. Jackson heirs, which are not named. -bp. ASSIGNMENT OF DOWER. 14 Nov. 1873. . . . to Sarah Jackson, out of the lands of her late husband Edward Jackson, deceased . . . a tract or parcel of land with the erections thereon, to wit, . . . Thomas Billingsley southeast corner of a 50 acre tract . . . the Granville road . . . to the steam mill road . . . including a part of the farm mansion and out houses and spring, which is in our opinion equal to one third in value of all the lands that E. S. Jackson, deceased, died seized and possessed of. Plat included. SETTLEMENT. 24 Jan. 1891 and 1 March 1889. . . . Gdn. of E. S., T. B. and W. A. Jackson, minor heirs of Edward Jackson, deceased . . . SETTLEMENT. 18 Nov. 1886. . . . Gdn. of E. S. Jackson, Breckenridge Jackson and W. H. Jackson, minor heirs of E. S. Jackson, deceased . . . Note: It does say W. A. Jackson in most of the documents, but W. H. in the settlement of 18 Nov. 1886. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, A. O., ADMR. OF BIRDWELL, B. F. COUNTY, 1902. SETTLEMENT. 26 June 1903. . . . F. E. Birdwell, as Guardian of F. W. Birdwell, Wheeler Birdwell and Lena Hannah Minor, heirs of B. F. Birdwell, deceased . . . REPORT OF SALE of land of B. F. Birdwell, deceased. 1 July 1899. . . . sold a certain tract or parcel of land in the 12th Civil District of Jackson Co. TN, lying an bounded as follows . . . John Davidson . . .James Billingsley . . . Josiah Birdwell . . .E. S. Jackson . . . L. C. Flatt . . . Luke Jackson, containing 130 acres more or less. Purchased by A. O. Birdwell. THE BILL OF COMPLAINT of A. O. Birdwell, administrator of B. F. Birdwell, deceased, a citizen of Jackson Co. TN against Dan Davis and his wife Bammie Davis, Thomas Birdwell, Wheeler Birdwell, Linnie Birdwell, L. D. West, Robert West, Otha West and Nannie West, Caleb Birdwell, Tilmon Birdwell, Tilford Birdwell, Sewel Birdwell, and Benjamin Birdwell, T. E. Birdwell, Guardian, all residents of Jackson Co. TN. 10 April 1899. . . . B. F. Birdwell died intestate in Jackson Co. TN on the [blank] day of [blank] 1898, and your petitioner was appointed administrator of his estate by the County Court at it's April term 1898, that the defendants are the children and grandchildren and heirs at law of B. F. Birdwell, deceased, except defendants Dan Davis who intermarried with Bammie, a daughter of deceased, and L. D. West who married Aletha Birdwell, a daughter of deceased and who died since her father, and surviving as her only children and heirs at law, defendants Robert West, Otha West and Nannie West, all of whom are minors and at present without general guardian. Thomas Birdwell, Wheeler Birdwell and Linnie Birdwell are minor children of B. F. Birdwell, deceased, and T. E. Birdwell is their guardian. Defendants Caleb Birdwell, Tilmon Birdwell, Tilford Birdwell, Sewel Birdwell and Benjamin Birdwell are the only children and heirs at law of Jacob Birdwell, a son of B. F. Birdwell, deceased, who died some time before the death of his father; said children of Jacob Birdwell are all minors and at present without general guardian. The widow of B. F. Birdwell died soon after deceased. -------------------------------------------------------------------------------- NEW: BIRDWELL, GEO. W. VS. HAILE, JOSESPH. CIRCUIT, 1877. This is about a debt, and has nothing specifically genealogical. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, G. W. VS. RAY, ELIZA ET. AL. CHANCERY, 1904. THE JOINT AND SEPARATE ANSWER OF A. M. HALL, BEDFORD HALL, RADFORD HALL, SIMPSON HALL, BURTON JOHNSON AND HIS WIFE SARAH JOHNSON, JOSEPH LEE AND HIS WIFE ROSIE LEE, WILLIAM MOSS AND HIS WIFE MARY MOSS, TO THE BILL OF COMPLAINT OF G. W. BIRDWELL . . . Filed 27 Dec. 1904. . . . upon the death of said testator, Richard Scott, which occurred at this home, on the land in controversy, on the [blank] day of May 1880 . . . . . . until her [Nancy J. Scott, widow of Richard Scott] death, which occurred on said land on July 19, 1904 . . . They deny that Alex Scot is, or was, the brother of Richard Scott, deceased, or that said Alex Scott is, or was, his next of kin. Deposition taken: 26 Sept. 1905. DEPOSITION: JOHN H. SAVAGE SMITH. I am 53 years of age and I live in the 6th Civil Dist. of Jackson Co. I lived with him [R. P. Scott] 2 years. I had a conversation with him [R. P. Scott] about his parents while I lived there. While I was living there he fixed to go out and see what he said was his only brother. He went and was gone about ten days and in the conversation he said that his mother's name was Docia Gordon before she married and that his father's name was Thomas Scott. He said that his mother and father parted or separated and that him and his brother were bound out--I don't know whether it was before they went to Kentucky or not. His brother's name was Alexander Scott. At the time he was bound out he was seven years old and his brother was five years old. I was well acquainted with old Aunt Betsy Gordon. I was also acquainted with Aunt Betsy's half brother's Rile and Carrol Gordon. Was also acquainted with her half sister; her name was Ragland. Aunt Betsy Gordon was a sister to R. P. Scott's mother. /s/ John H. Savage Smith Deposition taken: probably Sept. 1907. DEPOSITION: B. P. SAVAGE. 46 years [old] 13 day of Oct. I am a farmer, reside in the 13th Dist. of this county. Well, I've known the farm [the R. P. Scott farm] for ten years. I lived within a little over a mile now for the last sixteen or seventeen years. I rented land from Mr. Birdwell ever since I've known the place. /s/ B. P. Savage Deposition taken: 1907, probably Sept. DEPOSITION: GEORGE HANCOCK. I am 23 years old. I am a farmer. I live in Lock's Branch, 13 Dist. of this county. I don't live over five or six hundred yards [from the farm in dispute] I don't suppose. It will be seven years along about next Christmas [that he has lived there]. /s/ G. A. Hancock Deposition taken: probably 5 Sept. 1907. DEPOSITION: J. W. HAWKINS. I am 37 years old. I live on Lock's branch in the 8th Dist. I am a farmer. I live on what is called the Nancy Scott and R. P. Scott farm, being the farm involved in this suit. Quest. How long have you lived on said farm? Ans. Since last Jan. Quest. Do you own any land? Ans. Yes, sir. J. W. Hawkins (his mark) Depositions taken: probably Sept. 1907. DEPOSITION: A. L. FLYNN. /s/ A. L. Flynn DEPOSITION: MAJOR FLYNN. I am 33 years old. I live in the Moon bottom in the 1st Dist. of this county. I am a farmer. /s/ Major Flynn DEPOSITION: ISAAC MERITT. I am near 64 years old. I live near Gainesboro. I am blacksmith. I lived adjoining it [the farm in dispute] for four years and moved away some seven or eight years ago and have not been there since. /s/ Isaac Meritt DEPOSITION: D. R. CROWDER. I am 31 years old. I live on Webster creek in the 8th District of this county. I work at farming mostly. I know where the Nancy Scott farm is. Have known it since I was a boy. /s/ D. R. Crowder DEPOSITION: C. T. HARRISON. I am near 30 years old. I live in the 13th District of Jackson Co. I am a picture agent at present. /s/ C. T. Harrison DEPOSITION: J. A. HARLEY. I am near 25 years old. I live in 13th Dist. of this county. I am a farmer. /s/ J. H. Harley Note: The initial is definitely an A in the title, and definitely an H in the signature. -bp. DEPOSITION: RAD SPIVEY. /s/ Rad Spivey DEPOSITION: JAMES HAWKINS. I am 72 years old. I live at the mouth of Lock's branch. I am a farmer. My son, Jim Hawkins, lives on it now [the farm in dispute]. James Hawkins (his mark) DECREE. Be it remembered that this cause came to be heard before the Hon. D. L. Lausden, Chancellor presiding on this the 8th day of June 1906 upon bill, answer of all the defendants and the entire proceeding and the proof taken when the Court is of the opinion and so adjudges and decrees that Richard Scott, under whom both parties claim title, died intestate in Jackson Co. TN on the 10 day of May 1880, on the lands hereinafter described, which lands are worth less than $1400.00 and that he left surviving him a widow, Nancy J. Scott, who continued to reside on said lands until her death which occurred on the 19th day of July 1904. The said Richard Scott also left surviving him a legitimate brother named Alexander Scott, who upon the death of the said Richard Scott became his only heir at law and who inherited the lands hereinafter described as said heir at law. It further appearing to the Court that after the death of the said Richard Scott, to wit on the 10 day of Aug. 1903, the said A. C. Scott by deed transferred, conveyed and delivered for a valuable consideration to one W. F. Church all his right, title and interest and claim in and to all the lands that descended to him from Richard Scott, which lands are hereinafter described and on Sept. 24, 1903 the said W. F. Church transferred, conveyed and delivered for a valuable consideration to complt. G. W. Birdwell said lands. It further appeared to the Court that on the 7th day of June 1880 a certain paper writing purporting to be a nuncupative will of Richard Scott, then deceased, which was on motion of Nancy J. Scott admitted to probate in common form in the County Court of Jackson Co. TN, which instrument purports to be the declarations of the said Richard Scott which he made to the subscribing witnesses before his death and was after his death reduced to writing for the witnesses at the time shown by said probate, which instrument shows that the said Richard Scott desired and intended the real estate hereinafter described to go to Nancy Scott, his widow, after his death as her absolute property. It further appeared to the Court that on the 18th day of Feb. 1882 Nancy Scott, by an instrument purporting to be her will, was executed, which will was on the 1 day of Aug. 1904 probated in common form in the County Court of Jackson Co. TN, which will attempted to devise the lands hereinafter described to one Nancy Hall, who is now dead, and the defendants herein are her heirs at law. The Court decrees that the nuncupative will aforesaid is and was a nullity, in so far as it attempted to bequeath the land therein described and was inoperative for any purpose and that it did not have the effect to give the said Nancy Scott a color of title as to ripen her title into a fee simple title after the lapse of seven or twenty years, but that she, the said Nancy Scott, was entitled to and did hold the possession of said land as a homestead from the date of Richard Scott's death to her death in 1904, at which latter date the life estate of Nancy Scott fell and expired and at this date the right to the possession, use and occupancy of said land and in fee simple title, vested in and accrued to complt. under his conveyances, and since which time complt. has been entitled to the rents and profits of said land from the defts. who have been illegally and unlawfully possessed of same. The Court therefore decrees that the nuncupative will of Richard Scott to Nancy Scott herein referred to and the will of Nancy Scott to Nancy Hall should be cancelled and held for naught so far as they attempt to convey the title to said lands is concerned and it is decreed that they be removed as a cloud upon complts. title to said lands. The Court further orders, adjudges and decrees that the complainant Geo. W. Birdwell recover from the defendants the following described lands in fee simple, being the same lands described in the bill and the Deeds from A. C. Scott to W. F. Church and from W. F. Church to Geo. W. Birdwell. Lying in the 8th Civil District of Jackson Co. TN, Bounded on the north by the lands of G. W. Birdwell, on the south by the lands of Jonas Spivy, on the east by the lands of Geo. Masters, on the west by the lands of G. W. Birdwell, containing 100 acres more or less. . . . This was appealed to the Tennessee Supreme Court. -bp. Depositions taken: no date. DEPOSITION: J. D. WATSON. [Richard Scott] used to come over to his Uncle Lish Sanders a good deal. I have heard him say that Mrs. Sally Sanders was his aunt, and she was a Gordon. He claimed that he was half Gordon. J. D. Watson (his mark) DEPOSITION: JOHN BROWN. I am 72 years old. I live in 8th District of Jackson Co. I knew [Richard Scott] from the time he came out of the Mexican War until he died. I knew Betty Gordon well and I have seen Lottie Gordon; the one who is said to be Tom Scott's wife, I don't reckon I ever saw her. I also knew Rial and Carell [Carroll] and Dunk Gordon. Quest. Did you know Alex Scott? Ans. I have seen him a few times. Quest. Was he a brother of Rich Scott? Ans. That was my understanding from the old folks. Quest. Was they sons of Tom Scott? Ans. That is what my old uncles and aunt and the old folks said about it. It just seems to me like [Betty Gordon] said two of her sisters married; one married Green Hutchison, the other Tom Scott. John Brown (his mark) DEPOSITION: JOHN H. PROCTOR. I am 59 years of age. I live in the 6th District of Jackson Co. TN. Quest. Where did you live before you moved to where you now live? Ans. On Jennings Creek in the 13th District of this county. Quest. Who was your father and mother and are they living or dead? Ans. John Proctor and Polly or Mary Proctor. They are both dead. Part of the Gordon family used to live in the hollow above where we lived. Quest. Which ones lived there? Ans. Harris [?] and [unreadable] Gordon. He says Richard was said to be a bastard and had a half brother, whose name might be Alex. -bp. My sisters, Nancy and Ibby. Nancy is dead. Ibby lives in Kentucky. John H. Proctor (his mark) DEPOSITION: W. D. MC COIN. I am 73 years old. I live at Pacific TN. I was raised near the mouth of Jennings [?] Creek in Jackson Co. TN. It was generally understood that he [Richard Scott] was an illegitimate child--a bastard. I never heard anything else. I have always understood that he had a half brother by the name of Scott. Quest. Who was Richard Scott's wife before she married? Ans. Nancy Van Hooser. I know that Nancy Van Hooser was regarded as one of the nicest, most modest young women in the country. She lived to be an old maid before she was married and I heard a good deal said about her marrying a bastard. /s/ W. D. McCoin DEED. 9 Aug. 1849. John Moss of Jackson Co. TN sells to Richmon P. Scott a parcel of land for $100, in Jackson Co. TN on the north side of Cumberland River on Lock's branch, 25 acres. -bp. Deposition taken: no date. DEPOSITION: A. M. HALL. I am 47 years old. I live in the 13th Dist. of this county and a farmer by occupation. Quest. Are you one of the defendants in this case? Ans. Yes, Sir. Quest. Who was your mother? Ans. Nancy Minor. She married James H. Hall. Quest. Is she dead or alive? Ans. She is dead. Quest. Give the names of her children and heirs and also the names of the husbands of the girls. Ans. Sarah who married Birt Johnson, Mary who married Billie Moss, A. M. Hall, S. T. Hall, Martha who married Jim Langford, who is dead without heirs. Bell Hall who is also dead. J. B. Hall, Radford Hall, Rosa who married Joseph Lee. Nancy Scott is my mother's aunt. /s/ A. M. Hall Deposition taken: 1 April 1905. DEPOSITION: NEWTON MOORE. I am 79 years old. I live in the 1st District of this county on the north side of Cumberland River. I knew R. P. Scott. I was with him in the Mexican War. We were both in the same Company. I knew him before we went to Mexico. A good majority of the people I think held them [Richard and Alex Scott] as illegitimate children. I am 79 years old, lacking a few days. I lived pretty well all my life in Jackson County on the North Side of Cumberland River. I have been away from the county three years of the time. Richard Gordon was Scott's grandfather, as I understood it. Quest. Was one woman the mother of Rich and Alex Scott? Ans. That has been my understanding all the time. /s/ Newton Moore. Deposition taken: no date. DEPOSITION: JOHN H. CHAFFIN. I am 61 years old and am Clerk of the County Court of Jackson Co. Quest. How long have you held said position . . .? Ans. It will be four years. /s/ J. H. Chaffin TENNESSEE SUPREME COURT DECREE. 14 Jan. 1907 . . . in the decree of the Court of Chancery Appeals, affirming the decree of the Chancellor, there is no error . . . It is therefore ordered, adjudged and decreed by the Court that the decree of the Chancellor in this case of June 8, 1906 be in all things affirmed. Deposition taken: 28 April 1906 in Sumner Co. TN. DEPOSITION: NEWTON MOORE. I am 80 years old and reside about three miles south of Gallatin TN. Quest. I see from your former deposition upon cross examination that you was asked this question, "what was the reputation and understanding in the community as to whether Alex and Richard Scott were legitimate or illegitimate children" and your answer to that question is as follows, "a good majority of the people I think held them as illegitimate children". State whether or not you intended at the time to make the answer as you did, and if not, what is your answer to the question as you understand it? Ans. I did not aim to make that statement--my understanding was always that they were legitimate children. Quest. Then your understanding was in the community among the old people and others that they were legitimate children of Tom Scott and his wife Docia? Ans. Yes, Sir. Quest. I will get you to state if you ever at any time heard the character of Docia Scott formerly Gordon for chastity and virtue ever questioned? Ans. Not that I recollect of. Quest. State whether or not it was the reputation in the community where Richard Gordon and his family lived that Tom Scott and Docia Gordon were married? Ans. It was--that was my understanding and that was the reputation in the community where I lived and where Richard Gordon lived. Quest. State whether or not it was also the reputation among the old people who are now dead that Richard Scott and Alex Scott were brothers and were sons of Thomas Scott and Docia Scott (formerly Gordon)? Ans. That was always my understanding that was the reputation. Quest. How long did you and Richard Scott serve together in the Mexican War? Ans. We enlisted in Sept. 1847 and discharged in Aug. 1848 and we served together during that time and were mess mates. Denton Moore was my father's name and he died about the year 1873 in Jackson Co. TN. [At the time of his death] he lacked from June until Aug. of being 75 years old. He was born in North Carolina about the year 1797. /s/ Newton Moore Deposition taken: no date [filed 10 Sept. 1907]. DEPOSITION: R. K. HAWKINS. I am 57 years old. I live on Jennings Creek, 13th District. Quest. Do you know the lands involved in this cause known as the Nancy Scott land on Lock's branch? Ans. I reckon I do. I lived on it two years. Quest. How long since you lived on it? Ans. It has been something like 14 years I reckon. I rented from old man McCoin over here in the Free State, just above the ferry, for six years. . . I rented from Harve Lee on Jennings Creek one year . . . I think I rented from Jim Mayton in Big bottom, part of the McGlasson place . . . Quest. For how long have you been renting lands? Ans. Ever since I have been a man. The year 1904 I lived on Quarles' land in the 13th District and 1905 & 6 I lived on P. Herrod's land in 13th District. /s/ R. K. Hawkins DEPOSITION: W. M. HANCOCK. I am nearly 46 years old. I live on Lock's branch. My land adjoins the land involved in this suit. I have lived where I now live nearly eight years. W. M. Hancock (his mark0 DEPOSITION: JONAS SPIVA. I am 55 years old. I live in the 8th District of this county. My land adjoins the Nancy Scott land. I have lived there about 19 years. /s/ Jonas Spivy DEPOSITION: BEN HIX. I am 40 years old as I understand. I live on Cumberland River above Gainesboro about a mile from the lands asked about. I have lived at this place for nearly two years. Quest. Do you know the Nancy Scott lands . . .? Ans. I used to live there. I lived on it three years. It has been eleven years since I moved on it. Ben Hix (his mark) DEPOSITION: A. J. MOSS. I am 46 years old. I live in the 8th District of this county. I lived on and cultivated the land [in this suit] the years 1902, 1903, 1904, 1905 and 1906. I never tended all the land. Three years I subrented part of it to Jonas Spivey. /s/ A. J. Moss DEPOSITION: PERRY CROWDER. I live in the 8th District of this county. I am 45 years old. Perry Crowder (his mark) Depositions taken: 26 April 1906. DEPOSITION: W. F. [FLOYD] MAXWELL. I am 54 years old, or will be shortly. I live in the 6th District of Jackson Co. on the Gainesboro road. Quest. Did you know Billy Shepherd and is he living or dead? Ans. I knew him and I understand he is dead. Quest. Was or not he a very old man when he died? Ans. Yes, he was an old man. Quest. Did you ever hear Billy Shepherd say anything about Rich Scott's father, Tom Scott's, marriage, if so, what he said and who was present? Ans. I never heard him say anything about Rich Scott's father. He didn't bring it around that way. I heard him speak about Tom Scott marrying, and said he was at the wedding. He said that Tom Scott and his wife danced barefooted in the floor and that he went to bed in his shirttail. Quest. Did he say who Tom Scott married? Ans. My impression is that it was a Gordon. I would not be certain about it. Quest. What had occurred that caused you to remember this conversation, if anything? Ans. Old man Bill Shepherd and his wife had parted and these men, Ab Smith, Eps Givens and Tom Hix had gotten up a compromise between him and his wife. They are all dead. Quest. For how long has Bill Shepherd been dead? Ans. I don't remember. I guess about twenty years. W. F. Maxwell (his mark) DEPOSITION: JONAS SPIVA [SPIVEY] /s/ Jonas Spivey DEPOSITION: A. J. MOSS. /s/ A. J. Moss Depositions taken: 17 Oct. 1904. DEPOSITION: ELLEN DRAPER. I am 79 next April. I was raised in Jackson Co. and have lived here all my life except one year. I lived there [on Lock's branch] from 1857 and lived there until 1866. . . . Rich Gordon or Rich Scott that they called him by first one name and then the other. Quest. Did you know his [Richard Scott's] mother personally? Ans. No, Sir. I have only heard of her. Quest. What name did she go by in this community? Ans. She was always called Docia Gordon--sometimes they would call her old Docia. Ellen Draper (her mark) DEPOSITION: NANCY D. GRIFFITH. 73 years of age last April. Quest. Have you lived on Jennings creek and in this vicinity all of your life? Ans. Yes, up to the Civil War when I left here and was away for fifteen years. [Richard Scott's mother] was a mighty bad woman, that was the way she was reported to be. Her general character was that of a lewd woman. I never heard her counted as anything else. She believes Richard Scott was illegitimate. -bp. Nancy D. Griffith (her mark) Depositions taken: 14 June 1905. DEPOSITION: WILLIAM HARRIS. I am 80 years old. [Live] near Meigsville in the 8th Civil District of Jackson Co. TN. I have lived in the neighborhood of Meigsville ever since 1834. Quest. Did you know Richard Gordon, the father of Docia Gordon, in his lifetime? If so, how near did you live to him? Ans. Yes, I was well acquainted with him. He was called Dick Gordon. I lived in about three miles of him. [Docia Gordon] never was [married] so far as I ever heard or know. Quest. Did she have any children? If so, give their names. Ans. I was very well acquainted with Rich Scott and I have seen Alex Scott and there was said to be a girl but I don't remember her. I know nothing about it except from hearsay. They were said to be Docia Gordon's children. My understanding is that [Docia Gordon] went to KY. /s/ William Harris DEPOSITION: SALLIE SMITH. I will be 66 years old next Oct. Quest. How long have you lived in the neighborhood of Meigsville. Ans. I was born and raised in this neighborhood and have lived here all my life. Quest. Did you know old man Richard Gordon who was known as Dick Gordon? Ans. Yes, he was my grandfather. I was small when he died. Quest. Was this Richard Gordon the father of one or more daughters? If so, say what their names were. Ans. I don't know whether I can name them all or not. There was Docia and Betsy and Polly. He had two sets of children, another named Lottie, Sallie, Abbie, Nancy, Peggy and Emily. I don't know whether these are all or not. Quest. Who was your father? Whose son was he? Ans. Ryal Gordon. He was a son of Richard Gordon. Quest. What relation was he to Docia Gordon? Ans. Half brother, they told me. Quest. Is your father living or dead? Ans. He is dead. /s/ Sallie Smith DEPOSITION: MILLIE SHEPHERD. 59 years old last Feb. Quest. What was your father's name? Ans. Wm. Caroll Gordon. Quest. Whose son was he? Ans. Dick Gordon. Quest. What was your mother's name? Ans. Elizabeth Gordon. Quest. Is she living or dead? Ans. She is dead. [Docia Gordon] was a single woman is the way I always understood it. . . she was known as a base woman. [Docia] was older than my father. Quest. How old would your father be if living? Ans. I don't remember. He has been dead 18 years and he was 65 when he died. Quest. Have you any brothers or sisters? Ans. One brother and one sister [sic]. Quest. Are you the oldest child? Ans. There are four older than me and three younger. Eight in all. Quest. How much older than you is the oldest? Ans. I don't know exactly. The oldest would have been 67 last Dec. Quest. Did you know Rich and Alex Scott? Ans. I knew Rich and his half sister Samantha, but I never knew Alex. Quest. Is Rich's half sister living or dead? Ans. I don't know. She went off from here and I don't know what became of her. Quest. Was she younger or older than you? Ans. She was older. She was grown and had a family when I was a little child . . . I was nothing but a child when she left. Quest. Was Rich and Alex always understood to be Docia's children? Ans. Yes. Milard Shepard (her mark) Deposition taken: 18 Oct. 1904. DEPOSITION: MARGARETT J. ABNEY. I am 74 years old. Quest. What was your father's name? Ans. Richard Gordon. [Docia Gordon] was my half sister, so I am told. Quest. Was she also a daughter of Richard Gordon? Ans. I don't know. I have been told that she was. Quest. Didn't your father recognize her as his daughter? Ans. Yes. Quest. How many children did Docia Gordon have and what were their names? Ans. I have heard them say that she had three children--Alex, Richard and Samantha. I don't know this, but I have heard my mother [say] so. . . . Docia's sister Betsy Gordon . . . I never heard of her [Docia] being married. Quest. Did you ever see Docia Gordon's daughter Samantha that you speak of? Ans. Yes, Sir. Quest. When did you last see her? Ans. Not since the Civil War. Quest. Do you know whether she is living or dead? Ans. No, I do not. She married and went down the river in a boat. Quest. Did she have any children when she left here? Ans. No. Quest. Did Rich and Alex Scott recognize each other as brothers? Ans. Yes. Quest. Did they go by any other name but Scott? Ans. No. I never heard them called anything else but Scott. Quest. Who did Rich Scott get that land of and how did he pay for it? Ans. He got it of my brother I recon and paid for it with his pension he got after he came out of the Mexican War. /s/ M. J. Abney Depositions taken: 28 March 1906. DEPOSITION: RAINY MOSS. I understand from Elizabeth, Lotty and Jim Gordon, these were uncle and aunts of R. J.[sic] Scott and that R. J. [sic] Scott's father and mother were married. After the birth of Alex Scott and R. J. [sic] Scott, their mother and father was parted. After this she gave birth to one girl child called Samantha and was said to be half sister to the above named boys. /s/ R. D. Moss DEPOSITION: JANE MOSS. I knew them [Rich and Nancy Scott] both, and lived with them 21 years. [This number is blurred, could be 27 years. -bp.] Quest. Which one of them was the oldest? Ans. Nancy Scott was the oldest. Quest. State what you heard her say about her husband's father and mother. Ans. I have heard her say that they was married, afterwards did separate. . . . after their parents separated and their mother died they was bound out. /s/ Jane Moss Deposition taken: 2 Sept. 1904 at Glasgow KY. DEPOSITION: A. C. SCOTT. My name is Alexander Carroll Scott. I was 82 years of age the 2nd day of last March and live near Glasgow in Barren Co. KY. Quest. How long have you lived in Barren Co. KY? Ans. Ever since 1859 with the exception of one year during which I lived in Bowling Green KY. I knew [Rich Scott]. He was my brother, so my mama said. Quest. Have you any other brothers or sisters? Ans. No. Quest. Did your brother Rich Scott have any children? Ans. None at home and none abroad that I know of. He married. Her name was Nancy M. Van Hooser before she married R. P. Scott. Quest. What was your father's name? Ans. Thomas Scott. Quest. Which was the oldest, you or your brother Rich Scott? Ans. I was two years the oldest. Quest. What was your mother's name? Ans. Dosie Gordon. My mother said she was married to Thomas Scott and have heard others say so too. My old aunt, my mother's sister, said they was married. Betsy Gordon was my aunt's name and she is dead. They told me they was married in Jackson Co. TN. I can' tell when. Quest. What became of your father, Thomas Scott? Ans. He left my mother and went to Illinois and died there. He says he knows nothing of a half sister. -bp. Quest. When did your mother die and where? Ans. She died in Barren Co. KY and was only twenty [?] years old when she died. [This number is nearly impossible to read. It is written in script, and looks somewhat like seventy, but that is not possible. It is most likely twenty. -bp] Quest. Was you living with her at the time of her death? Ans. Yes. Quest. Who raised you and your brother after your mother's death and where did you live until you was grown? Ans. We was bound out to a man named Jerry Bailey, ten miles out of Glasgow KY. I was told I was seven years old when my mother came to KY. Quest. How long did you remain in KY until she died? Ans. But a few weeks. /s/ A. C. Scott DEPOSITION: W. T. CHURCH. I am 41 years of age and I reside in Barren Co. KY. DEPOSITION: F. M. BAILY. I am 63 years old and live in the 8th District of Jackson Co. TN. . . . Jane Smith, now Mrs. Jane Moss . . . The report was that his brother Alex killed a man. I heard Rich talk of the circumstances a great deal. /s/ F. M. Bailey DEPOSITION: R. D. MOSS. I don't know my age exactly. I have been in this district for seventy years, day after tomorrow. I live on Sugar creek in the 8th District of Jackson Co. TN. I first got acquainted with him [Rich Scott] somewhere about 1840 or 1845, along there somewhere. He had a brother, Alex, as I was always informed. I have heard him speak of his mother. I took it for granted from his talk that he never knew anything else but what his parents were married. He told me that he went to see his father in Illinois. He had two aunts, Betsy and Lottie, who said they was older than his mother. They always said that their mother [the mother of Alex and Rich] was married and that they had two children, Alex and Rich, and that they were lawful children and that the daughter was not. /s/ R. D. Moss DEPOSITION: MRS. JANE MOSS. I am 54 years old. I am the wife of R. D. Moss. Quest. When did Rich Scott die? Ans. On May 10, 1880. [Rich Scott] said his mother and father was married and that his father left his mother and that afterwards his mother died and he and his brother were bound out after his mother died. He said he was bound out for seven year old, but his Aunt Betsy said he was only five year old. I think he [Rich Scott] was born in 1824. Jane Moss (her mark) DEPOSITION: A. J. MOSS. 44 years old. I live on the land in controversy. Quest. When did Nancy Scott die? Ans. The 24th of July or the 25th, last year, 1904. /s/ A. J. Moss WILL. 18 Feb. 1882. I, Nancy M. Scott, now in the 68 year of my age . . . She bequeaths a large amount of personal property to Mary J. Smith, which she is not to receive unless she remains with Nancy Scott during her life. The remainder of her property, both personal and real, is to go to Nancy Hall, wife of James H. Hall. -bp. NUNCUPATIVE WILL OF R. P. SCOTT. R. P. Scott . . . departed this life at his residence in Civil District No. 8 of said [Jackson] county on the 10th day of May, 1880. . . . it is my desire and will that she [his wife] have absolutely and in her own right all of my estate, property and effects, both real and personal . . . The will was made verbally to James H. Hall and Isaac F. Adcock. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, G. W. & OTHERS. TRUST DEED TO BOTTS, W. H. 1875. G. W. Birdwell, J. A. M. Birdwell and W. H. Birdwell, who all live on the same farm, make a deed of trust to W. H. Botts, because of a debt. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, G. W. VS. BRACEY, F. E. ET. AL. CHANCERY, 1913. F. E. Bracey & Co. was contracted with by the Jackson County Roads Commissioners to build some roads. This case is a dispute about the location of a road. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, GEO. W. VS. PROCTOR, JOHN H. ET. AL. CIRCUIT, 1876. This is a case about trespass. Nothing specifically genealogical. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, J. M., GRDN. VS. BIRDWELL, HARMON. CHANCERY, 1906. Deposition taken: 8 June 1908. DEPOSITION: W. A. JACKSON. I am County Surveyor of Jackson County. I am acquainted with the land involved in this case. . . It is located in the 12th District of Jackson Co. When I first knew said tract of land, which was 35 years ago, old man Jefferson Johnson lived on it at that time and continued to live on and control said land and used it as his own up to something like twelve or fifteen years ago. I don't know anything about his title. In 1892, July 18, old man Jefferson Johnson made a deed of gift of said land to L. D. Johnson, his son . . . I see a warranty deed from L. D. Johnson and wife dated March 5th 1904 in which they convey said land or 147 1/2 acres more or less to Lafayette Kirby and assignees. On the 11th day of Nov. 1907 said Lafayette Kirby and wife conveyed said land, or 95 acres, by warrantee deed to Harmon Birdwell . . . Kirby having sold the balance of the land to A. P. Young. . . . said land is bounded as follows [1908] . . . U. H. Young's & M. B. Johnson's corner . . . J. T. Pippin's corner . . .Pippin's & Loftis' line . . .the Spring branch . . .A. P. Young's corner . . .Flatt's line . . .U. H. Young's line . . . /s/ W. A. Jackson Depositions taken: no date. DEPOSITION: J. H. PIPPIN. I am 36 years old. I reside in the 12th District of this county. /s/ J. H. Pippin DEPOSITION: J. W. CHAFFIN. I am 35 years old. /s/ J. W. Chaffin DEPOSITION: JOHN W. YOUNG. 78 years old. J. W. Young (his mark) DEPOSITION: J. M. BIRDWELL. Quest. State whether or not you are the Guardian of defendant Harmon Birdwell. Ans. I am. Quest. What is the age of Harmon Birdwell? Ans. He will be five years old in next Nov. SUMMARY: J. M. Birdwell has bought a tract of land with the funds of Harmon Birdwell, intended as an income producing investment for him. The question is whether this is an appropriate investment. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, J. M., GRDN OF LOFTIS, FLORA. COUNTY, 1914. REPORT. . . . Flora Loftis, minor heir of Johnny Loftis. . . -------------------------------------------------------------------------------- NEW: BIRDWELL, NANCY J. VS. BIRDWELL, D. J. CHANCERY, 1893. THE BILL OF COMPLAINT OF NANCY J. BIRDWELL AGAINST D. J. BIRDWELL, both of Jackson Co. TN. 28 Feb. 1893. . . . she and the defendant, D. J. Birdwell, were married to each other on the 6 day of March, 1889, in said county and state. She states that they have no children, as the issue of their marriage with aforesaid. She states that they lived together as man and wife for about the period of three months, when the defendant left your orator without any cause whatever upon her part. And so remained for a period of about 17 or 18 months; after this time the defendant returned and entreated and importuned with your oratrix that she would again receive him back as her husband, that he would be true, good and kind to her . . .She states that they lived together as man and wife for about 14 months when again on the 23 day of Feb. 1893 the defendant, D. J. Birdwell, abandoned your oratrix . . . She asks for divorce. -bp. -------------------------------------------------------------------------------- NEW: BIRDWELL, R. V. VS. GARRISON, R. A. ET. AL. CHANCERY, 1915. Property dispute. Nothing specifically genealogical. -------------------------------------------------------------------------------- NEW: BIRDWELL, T. S., TRUSTEE REPORT. 1878. Land sold for taxes owed: 1. Assessed to James Davidson in the 1st Civil District, containing 50 acres, bound north by A. Hare, south by R. P. Brooks, east by A. M. Davidson, west by A. Dewitt, valued at $100. No bidder procured. 2. Five town lots assessed to Elizabeth Eaton's heirs in Gainesboro TN, valued at $700. R. P. Brooks bought three lots for taxes, costs and charges. 3. Assessed to S. S. Gray's heirs, 1002 acres in the 1st Civil District and bounded as follows: north by Burris, south by Norris & wife, east by R. Stafford, west by A. Williams, valued at $5000, unable to procure a bidder. 4. Assessed to J. W. Lock's heirs, consisting of 13 town lots in Gainesboro TN, valued at $1250, unable to procure a bidder. 5. Assessed to James Pharris' heirs, 50 acres in the 1st Civil District of Jackson Co. TN, bounded on the north by Toney, east by Pharris, south by E. Pharris, west by C. River [Cumberland river), valued at $1000; no bidders procured. 6. On town lot in the Town of Gainesboro whereon the Store house stood, formerly occupied by Howes & Stone, valued at $700; no bidders procured. 7. 90 acres assessed to Laura Buist in the 3rd Civil District of Jackson Co., bounded by the lands of Gore, Ramsey, Woodfolk and Kent, valued at $570. R. P. Brooks became the purchaser at the price of taxes, costs and charges. 8. Assessed to Micajah Duke, 500 acres in the 3rd Civil District of Jackson County bounded by the lands of Burton White and others, valued at $2500, no bidders procured. 9. Assessed to Joseph Meadows, 8 acres, valued at $35, lying in the 3rd Civil District of Jackson Co. TN; no bidders procured. 10. Assessed to Armstrong heirs, 50 acres lying in the 6th Civil District of Jackson Co. TN and known as the Frank Armstrong tract, valued at $50; no bidders procured. 11. Assessed to Jno. Bowles heirs, 50 acres lying in the 6th Civil District of Jackson Co. TN, bounded by the lands of G. W. Abney, Bowles and the Clay Co. line, valued at $150; no bidders procured. 12. Assessed to James C. Flatt, lying in the 6th Civil District of Jackson Co. TN, 100 acres, bounded by Hamilton, Adcock, Hooten and Hix, valued at $100; no bidders procured. 13. Assessed to Cox & Dewitt, 200 acres, lying in the 6th Civil District of Jackson Co. TN and bounded by the lands of Gore heirs & others, valued at $300. . . R. A. Cox having paid his half of his part of the taxes . . . R. A. Cox became the purchaser for taxes, costs and charges. 14. Assessed to Sarah Sanders, 50 acres lying in the 6th Civil District of Jackson Co. TN, bounded by the lands of Jessee Hooton, R. A. Cox and others, valued at $50; no bidders procured. 15. Assessed to Ferusson Griffith & Co., 950 acres valued at $1950, lying in the 8th Civil District of Jackson Co. TN, bounded by T. J. Rose, W. Bybee, Buck and T. C. Williamson, purchased by M. L. Gore, G. B. Murray and N. B. Young jointly for the price of the taxes, costs and charges. 16. Assessed to T. P. Smith [?], lying in the 9th Civil District of Jackson Co. TN, bounded by J. Hix, D. Allen and H. Smith, 400 acres valued at $500; no bidders procured. 17. Assessed to J. M. Custice, 66 acres, lying in the 9th Civil District of Jackson Co. TN, bounded by the lands of Hawkins, Johnson, Bostlett and Loftis, valued at $150; no bidders procured. 18. Assessed to Wm. H. Botts, 50 acres lying in the 10th Civil District of Jackson Co. TN, bounded by the lands of Sam Slyger and others, valued at $100; no bidders procured. 19. Assessed to Barthena Jones, 50 acres lying in the 10th Civil District of Jackson Co. TN, bounded north by Johnson, south by Young, east by Young and west by Montgomery, valued at $50; no bidders procured. 20. Assessed to R. M. Kinnard, 40 acres in District No. 10 of Jackson Co. TN, bounded on the north by Murray, south by Basham, east by Byres, west by Murray, valued at $105; no bidders procured. 21. Assessed to A. W. Dewitt, 50 acres, lying in the 11th Civil District of Jackson Co. TN, bounded by the lands of Skimehorn and others, valued at $250; no bidders procured. 22. Assessed to Thos. Brewington heirs in the 12th Civil District of Jackson Co. TN, containing 190 acres, bounded by the lands of P. Brewington, J. Brown, J. Brown and J. Jackson, valued at $300; no bidders procured. 23. Assessed to L. B. Settle heirs, 51 acres lying in the 12th Civil District of Jackson Co. TN, bounded by the lands of [blank], valued at $170; no bidders procured. -------------------------------------------------------------------------------- NEW: BIRDWELL, WM. T. VS. GAINES, THOMAS AND GAINES VS. BIRDWELL. CIRCUIT, 1873. Dispute about money due for labor. Nothing specifically genealogical. -------------------------------------------------------------------------------- NEW: BLACK, JOHN P. VS. MC ALPINE, DAVID J. ET. AL. CHANCERY, 1866. THE BILL OF COMPLAINT of John P. Black against David McAlpin, Alexander McAlpin and William F. Plumly, all of Jackson Co. TN. No date. About debts. -------------------------------------------------------------------------------- NEW: BLEVINS, ANNE VS. BLEVINS, A. H. CHANCERY, 1866. Depositions taken: 16 July 1866 DEPOSITION: J. A. HAMBY. About the age of 19 years. Report in the neighborhood is this: that defendant had formed an intimacy with a neighboring widow and in her company left the State. Quest. Did general report say that he had almost quit home and taken up with said Mrs. Kindred before they, the defendant and widow, absconded? Ans. That was the general remark among those who had the best right to know. s/s J. A. Hamby DEPOSITION: A. N. HAMBY. 22 years old. Quest. Did you see a letter that the defendant wrote to the plaintiff from Indiana about June 1865? Ans. I did. /s/ A. N. Hamby THE BILL OF COMPLAINT of Ann Eliza Blevins of Jackson Co. TN against Allen H. Blevins of the State of Indiana. 15 June 1866. . . . about the [blank] day of [blank] 1859 she and the defendant intermarried in the County of Cumberland, State of Tennessee and lived in said County of Cumberland together until the Spring of 1865--before which time the defendant A. H. Blevins became very ill and abusive to petitioner and on one occasion struck her. Some twelve months before which time he had commenced visiting a widow lady who lived some three miles off by the name of Citha Kindred and spent the most of his time with her, visiting his family not more than one time every two or three weeks--after which time his treatment of petitioner was very abusive to complainant and finally in the spring of 1866 he pretended that it would be necessary for him to take his family and move to some other country as times had become very troublesome in that section and as he had been in the Federal Army and under that pretext commenced selling off his personal property and did sell the most of the same. Petitioner did not suspect anything wrong was intended by said sale, but believed that he was intending to take Petitioner and her children . . . defendant succeeded in deceiving the petitioner as to his intentions, took the wagon and oxen to the said Citha Kindred's and loaded up her goods and took her and family to the State of Indiana. . . . left Petitioner and her three children very little property, to wit: one horse, two cows, some household property, 400 acres of poor land not much improved worth about $300, one fifth undivided interest belonging to defendant as heir at law of Riley Blevins, deceased, all of which land lies in Cumberland Co. TN . . . She has three small children by the defendant, to wit, Sally L., George W. and John W. Blevins, that her father, John W. Peters had removed from Cumberland Co. TN to Jackson Co. TN, that after she was abandoned by defendant . . . she removed from said county to Jackson Co. TN to her father's . . . Asks for divorce and custody of her children. -------------------------------------------------------------------------------- NEW: BLYMER MFG. CO. ET. AL. VS. STAFFORD, J. W. ET. ALS. CHANCERY, 1891. THE BILL OF COMPLAINT OF BLYMEYER MANUFACTURING CO. & OF THE EAGLE INSURANCE CO., BOTH OF OHIO AGAINST JAMES W. STAFFORD, J. H. STAFFORD & W. H. YOUNG OF JACKSON CO. TN. 15 Sept. 1884. Summary: The defendants contracted to purchase a steam engine and steam saw mill and gristmill. They paid part in cash down and the remainder in notes due. The notes have a balance unpaid and due. This equipment is situated on Doe creek. - bp. Depositions taken: 29 Jan 1886 at Smith Co. TN. DEPOSITION: A. A. SWOPE. Aged 66 years. I reside in Carthage, Smith Co. TN and have for the past twenty years and my chief avocation is the practice of the law, having been in it ever since the year 1847. /s/ A. A. Swope DEPOSITION: JOHN B. LUSTER. Reside in Carthage, lawyer by profession and have practiced since 1865 more or less, in the courts of TN. STATE OF TENNESSEE, SUPREME COURT OF ERRORS AND APPEALS. 10 Jan. 1895. DECREE. . . . the Court is of opinion that there was error in the decree of the Chancellor dismissing the bill, and it is ordered that the decree be reversed. It is therefore adjudged and decreed that the Blymer Manufacturing Co. do recover of Jas. W. Stafford, J. H. Stafford and W. H. Young, the sum of $1011.25 and further that the Eagle Insurance Co. do likewise recover . . . $1011.25 . . . plus attorney's fees. -------------------------------------------------------------------------------- NEW: BLYTHE, J. M. AND OTHERS VS. PAGE, W. B. AND OTHERS. CHANCERY, 1911. AMENDED BILL OF COMPLAINT. No date. J. M. Blythe, Emma Blythe, Joe Cannon and his wife Sis Cannon, residents of Cheatham Co. TN, Fanny Clark and her husband John Clark, residents of Jackson Co. TN, George Cannon and his four children, [blank], [blank], [blank] and [blank] Cannon, residents of Putnam Co. TN against Jim Burgess and W. B. Page, residents of Jackson Co. TN. The complainants respectfully show to the Court: 1. That on the 11th day of Oct. 1911 they filed their original bill in your honor's said Court, against the said defendants Jim Burgess and W. B. Page, alleging, among other things, that Elizabeth Burgess owned an interest in her father's estate, which she and her husband, Joseph Burgess, sold and her husband vested the proceeds in the tract of land described in the original bill and that it was agreed and understood between her and the said Joseph Burgess that her means were to be vested in said land and that the title was to be taken in her name, but in violation of this agreement the said Joseph Burgess, who had the title fixed, took the title in his own name, in violation of the trust reposed in him. And that many years ago Elizabeth Burgess died and that Joseph Burgess remarried and Joseph Burgess and his second wife, by two separate deeds, conveyed the tract of land described in the bill to the two defendants. Said bill charges that Joseph Burgess, after the death of Elizabeth Burgess, held said tract of land as Trustee for the said Elizabeth Burgess, and probably by his marital rights. But said land descended at the death of Elizabeth Burgess to the complainants and Shirley Burgess and James Burgess, children and grandchildren of the said Elizabeth Burgess. THE BILL OF COMPLAINT. 11 Oct. 1911. . . . Mary Burgess, deceased, left only surviving her her daughter[s] Emma Blythe, Sis Cannon, Fannie Clark, Jodie Burgess, Parsette Cannon, deceased, who left surviving her four children. Shirley Burgess and Jim Burgess are the only heirs at law of Joe and Elizabeth Burgess, deceased, they being their children and grandchildren representing their deceased parent. Complainants state and charge that their grandmother Elizabeth Burgesses maiden name was Vidatoe [Vitatoe] and after she married Joe Burgess she inherited from her father's estate an interest in a tract of land situated in Jackson Co. TN . . . Elizabeth Burgess and her husband contracted for the following tract of land, to wit, lying in the 5th Civil District of Jackson Co. TN . . . Pharris's corner . . . heirs of Leroy B. Settle, deceased . . . where Allen Manier now lives . . . the Cannon line . . . containing 114 1/2 acres more or less, from one Henry Carter . . . understood and agreed by Elizabeth and Joseph Burgess that the $350 that she was getting for her interest in her father's estate to be vested in the aforesaid tract of land . . . The deed was dated on the 7th day of Feb. 1870 and registered on that date. Joseph Burgess died in 1911. -bp. -------------------------------------------------------------------------------- NEW: BOCKMAN, DORA VS. LEE, JOHN ET. AL. CHANCERY, 1905. BILL OF EXCEPTIONS. No date, filed 24 July 1907. COMPLAINANT: G. D. LEE. I am one of the complainant's in this case. COMPLAINANT: DORA BAWKMAN. COMPLAINANT: M. O. LEE, wife of G. D. Lee. WITNESS: W. W. DRAPER, solr. DEFENDANT: JOHN LEE. Disbrell Lee stated to me that he had a right to compromise said case for his wife and Dora Bawkman, his sister-in-law. WITNESS: DON SMITH. Stated he was a notary public. -bp. WITNESS: NOAH WHITAKER. REPORT OF THE CLERK AND MASTER. Sept. term 1905. The lands sought to be sold in this case lies in the 9th Civil District of Jackson Co. TN, being the lands known as the James Terry farm and bounded as follows, Beginning on a Sycamore on the bank of Roaring river near the mouth of the Cave, about 75 yards more or less above Marion Lofis' Spring, thence eastwardly up the hill with a conditional line made by J. A. Loftis and J. H. Webb and following said line to the top of Buzzard bluff, thence on with the top of the bluff to J. P. Whitaker's line, then it is bounded on the north by said Whitaker's line, on the east by George West's place, on the south by J. W. Morgan and the Joshua Mabury place and Asa Johnson . . . about 125 or 150 acres more or less (see deed on file from J. W. Lee to Mary Gentry dated March 10, 1900). I report that the following are the children and heirs of Mary Gentry and the distributive share each one are entitled to in said estate, to wit: George Gentry, a son, is entitled to one ninth. J. W. Gentry, a son, one ninth, Caroline, who intermarried with Cab Terry, one ninth, Bettie, who intermarried with Taylor Loftis, one ninth, Elias, who died before his mother and left two children, Ida, who married Byrd Thompson and Anna, who married Millard Carr. These two are entitled to one ninth of the whole together or one eighteenth each. Nannie who married Robert Moody. She is dead and left six children who are entitled to one ninth together, or one fifty fourth each as follows: W. F. Moody, J. B. Moody, Sallie who married Charles Lawson, Martha who married James Thompson, Florence who married Wm. Moore, Mary who married Robert Tharp; she is dead and left three children who would be entitled to . . .They are Nannie Tharp, Jessie Tharp and Nathan Tharp. Dora Bockman, a daughter who is a widow, one ninth, Sarah Maxwell, a daughter and also a widow, one ninth, Tila or M. O. who married G. D. Lee, one ninth. Depositions taken: no date. DEPOSITION: J. W. LEE. /s/ J. W. Lee DEPOSITION: G. D. LEE. I knew Mary Gentry in her lifetime. She has been dead about four years. Her husband was named Martin Gentry. He died June the 10, 1904. /s/ G. D. Lee DEPOSITION: S. D. WEBB. I am 53 years old. /s/ S. D. Webb THE JOINT AND SEVERAL ANSWER of J. W. Lee, E. F. Loftis, Caroline Terry, Jim Thompson and wife Martha Thompson, William Moore and wife Florence Moore to the Bill of Complaint. 16 Sept. 1905. . . . Dora Gaw alias Dora Bawkman, her present name . . . . . . Mary Tharp died and left some minor children in the I. T. [Indian Territory]. . . -------------------------------------------------------------------------------- NEW: BOCKMAN, W. T. VS. MC DONALD, J. J. CIRCUIT, 1878. PROCEEDINGS. 22 Jan. 1879. WITNESS: WILLIAM T. BOCKMAN. I am the plaintiff in this case. Joseph C. Bockman was and is the guardian of the minor heirs of Mariah C. Bockman, deceased. When I rented the land in 1869, I was not 21 years old. I was one of the children of Mariah Bockman and one of the wards of J. C. Bockman. Defendant McDonald owned one fifth of said land by reason of having married one of the Bockman heirs . . . WITNESS: JOSEPH C. BOCKMAN. In Nov. 1870, when William T. Bockman had arrived at the age of 21 years, I settled with him . . . WITNESS: JAMES HARGIS. I was the Justice who tried the case. -------------------------------------------------------------------------------- NEW: BOLES, ELIZABETH VS. BOLES, ARKLEY AND MILEY. CHANCERY, 1876. THE BILL OF COMPLAINT of Elizabeth Boles, a citizen of Jackson Co. TN against Arkly Boles of Jackson Co. TN and Miley Boles of Clay Co. TN. 3 Sept. 1875. Your oratrix would respectfully show that on the [blank] day of [blank] 1874 in the county of Jackson and State of Tennessee she and defendant married each other, that they both were born and raised in the State of TN and have never resided in any other country. That since their said marriage the defendant has beaten, cursed and threatened to kill your oratrix without any provocation . . . that he has abandoned her and refused and neglected to provide for her. That she and defendant were very poor persons, that early last Spring defendant made a contract with his mother, Miley Boles, by which your oratrix and defendant were to work with Miley Boles in crop . . . Asks for a divorce and alimony -bp. DECREE. No date. Divorce granted. THE JOINT AND SEPARATE ANSWER of Mily Boles and Arkley Boles. 15 March 1876. He denies being abusive, but admits that "the most of the time they lived together was very unpleasant." He believes "something wrong was going on" between his wife and Joshua Hail. When he would accuse her of this, she attacked him with sticks, and only then did he whip her. He believes she has become a common prostitute, and also asks for a divorce. - bp. -------------------------------------------------------------------------------- NEW: BOLES, JAMES VS. LEE, JOHN. CHANCERY, 1858. THE BILL OF COMPLAINT OF JAMES BOLES AGAINST JOHN LEE, both of Jackson Co. TN. . . . he and John Lee entered into partnership about the 30th day of Nov. 1857 to buy hogs to drive to the Southern market . . . Nothing specifically genealogical in this case. -bp. -------------------------------------------------------------------------------- NEW: BOLES, JOHN VS. LITTLE, JACOB ET. ALS. CHANCERY, 1868. DECREE. Asel Duncan, John Bowles and John Williams vs. Margarette J. Little and her husband Jacob Little and Henry B. Fowler. 14 March 1876. . . . John Bowles and Asel Duncan are the administrators of one James Bowles, husband of Margarette J. Little; that after this suit was commenced Jacob Little, second husband of defendant Margarette J., widow of James Bowles, deceased, that his, Jacob Little's death was regularly suggested and admitted . . . John Bowles died intestate and this suit has been regularly revived in the name of Joshua Haile, Jr., his administrator. It further appeared to the Court that after the death of Jacob Little, second husband of Margarette J., she has intermarried with one George W. Abney . . . . . . William Bowles, the maker of said note, paid to his brother James Bowles, husband of Margarette J. . . Deposition taken: 15 Feb. 1876. DEPOSITION: GEO. W. ABNER [ABNEY]. Aged 46 years. I am the husband of Margarette J. Little, now Margarette J. Abner [Abney]. Quest. Please give the names of the children and heirs at law of John Boles, deceased. Ans. Mary Etta who married Jack Warson, Adaville Boles, James A. Bolles and John L. Boles. /s/ G. W. Abney Deposition taken: 28 Feb. 1876. DEPOSITION: ASEL DUNCAN. Aged 53 years. William and John Boles bought the land [mentioned in the pleadings] jointly from Thomas Hix and the John Boles bought William Boles interest in said land. On the 15th March 1863 John Boles, being in the Southern Army, made out a statement which I have filed as Exhibit A to this deposition, and got me to take it to James Boles and request him if he did not get back to make the deed to his, John Boles', children and wife. /s/ Asel Duncan LETTER. State of Tennessee. White County. March the 15th 1863. Dear Wife and children, I this morning with pleasure I write you a few lines to inform you that I am well as common and I hope that this few lines comes to hand that the may find you all enjoying the same Blessing and if George Abna [Abney] will tend the land if he will and let him have all of the land out at the Hix place and all on the creek but the lower field and I want you to tend it yourself if you can and if George don't move out there to the Hix place and Mart Gorden comes to let him have the house at the Hix place and the two hollow fields and the field around the house and I will tell you what I owe. [sic.] I owe Peter Hufines $5 and the cost and interest and the State cost in cost stayed [?] by Asel Duncan and Wm. Flatt and R. Darwin $5.00 and to Thomas Tabbert five dollars and six dollars to James Roberts and I want James Boles to make the right to me and to my heirs for the Hicks land and James I want you to do this without fail for I want my children to have the good of that land if I never get home myself. A few lines to Sarah Duncan and the children. I want you to remember me in all of my Troubles for I want to see you very Bad and the children. I am down here and it is hard times here for the lice is thick as hops and a man can't rest for them of a wit [?]. I would come home but the Cavalry taken us up and stop us at Cooksville some [?] more at present but remains your affection [ate] Brother until death. I was very sorry to hear that Job Johnson's wife is dead. /s/ John Boles This letter seems to have been dictated to someone who wrote it for John Boles. -bp. State of Tennessee. White County. Sparta, March 15 day 1863. I, John Boles, want Asel Duncan to see that James Boles does make unto me and my dear beloved wife and children a good and sufficient warrantee title to a certain tract or parcel of land lying in Jackson Co., District No. 16, known as the Hicks place, for I made him the deed to said land as security to him to pay certain debts for me and I have paid him the money to pay the same debts, to wit, the Peter Hufines debt for $35, a judgement and cost and interest before Esquire McCue in Gainesboro, which deed was made by Thomas Hicks to James Boles for which land I have paid all of the money on the land myself. I don't know that I owe James Boles anything at all if I never get home anymore or get killed or sicken and die this is my last will and testimony. I am at this time in good health and in my right mind the day and date above written. John Boles (his mark) Attest: Nathaniel Flatt Joseph Smith Wm. Flatt BILL OF COMPLAINT of John Bowls against Jacob Little, Margaret Little, Alexander M. Bowls, John W. Bowls, Artemisa Bowls, Tobin Bowls, Isabella Bowls and James Bowls, all of Jackson Co. TN. [James Boles] was killed and murdered, leaving the said Margarett his widow, who has since his death intermarried with Jacob Little. . . . defendants Alexander Bowls, John W. Bowls, Artemisia Bowls, Tobin Bowls, Isabella Bowls and James Bowls, his children and heirs at law, who are minors under fourteen years of age . . . -------------------------------------------------------------------------------- NEW: BOLES, SALLIE VS. BOLES, B. CIRCUIT, 1891. FINAL JUDGEMENT. Defendant failed to appear and make any defense. Complainant and defendant were married in Clay Co. TN 31 Jan. 1884. Defendant ill used and drove complainant away. Divorce granted. -bp. . . . the issue of the marriage of complainant and defendant was two children, Luverny Boles, a girl aged six years and McClure Boles, a boy aged two years and it also appearing that Luverny Boles is now in possession of defendant and McClure Boles is in possession of complainant; it is ordered by the Court that complainant for the present be allowed to retain her present control of McClure Boles and that defendant be allowed for the present to retain his control of Luverny Boles. Costs to be paid by defendant. All of attached property [livestock and household furniture] to go to complainant as alimony. -bp. -------------------------------------------------------------------------------- NEW: BOLTON, ELIZABETH VS. BOLTON, LENT AND COWIN [CARVEN], IRA B. AND BOLTON VS. EATON. CHANCERY, 1852. THE BILL OF COMPLAINT of Samuel E. Hare of Jackson Co. TN against Amos J. Chapman, Nathaniel G. Jackson and Elizabeth Bolton, of Jackson Co. TN except the defendant Jackson who is now a citizen of Wilson Co. TN, as your orator is informed. 20 May [?] 1848. . . . defendants are indebted to him as guardian for S. V. and Tipton Settle in the sum of $439.05 . . . . . . the defendants Chapman and Jackson are wholly insolvent and that his only means of collecting said debt is out of the effects of the defendant Elizabeth Bolton. . . . Elizabeth Bolton has a life estate in three negroes in Jackson Co., viz, Nancy, Henry and Jacob. THE BILL OF COMPLAINT of Ira B. Carven, a citizen of Smith Co. TN against Lent Bolton, a nonresident of the State of TN and believed to be a citizen of the State of Arkansas. 26 Dec. 1851. . . . Lent Bolton is the owner either legal or Equitable of nine lots of land called town lots in Gainesborough in the State of TN . . . . . . premises now occupied by Joseph Eaton as a tavern, stables, garden, etc. . . . he [Lent Bolton] purchased them from one Pinkney McCarver . . . . . . Elizabeth Bolton, the mother of said Lent, is entitled to the use and benefit of said lots during the term of her natural life . . . -------------------------------------------------------------------------------- NEW: BOTTS, A. B. VS. LOCKE, JAMES W. ET. AL. CHANCERY, 1868. Depositions taken: 30 June 1869. DEPOSITION: TOLIVER KIRKPATRICK. I was a member of the law firm of Kirkpatrick and Washburn. . . . my late partner L. Washburn. I had charge and possession of the Books during the late War. My partner being in the army during that time. /s/ Toliver Kirkpatrick DEPOSITION: L. WASHBURN. I was a member of the late firm of Kirkpatrick & Washburn. /s/ L. Washburn THE BILL OF COMPLAINT of W. B. Botts of Jackson Co. TN against James W. Lock, Newton Moore, Catherine F. Moore of said State and County, N. B. Williams, Cora Williams his wife of Smith Co. TN, Thomas Nixon of parts unknown and all other heirs of Mary Cornwell, names unknown and of parts unknown and all the creditors of Mary Cornwell, deceased. 30 Dec. 1868. . . .Mary Cornwell died intestate as to all of her property except as will be hereinafter mentioned; intestate died in the County of Jackson, State of TN on the [blank] day of [blank] 1867, seized and possessed of several small tracts of land in the County of Jackson, State of Tennessee . . . . . . complainant was appointed and qualified as administrator of the said Mary Cornwell . . . . . . before the death of the said Mary Cornwell (to wit) on the [blank] day of [blank] 18[blank] she made a will, willing and bequeathing to her Grandniece Catherine F. Lock, now the wife of defendant Newton Moore, the farm on which she then lived and the most valuable part of her real estate . . . The said Mary Cornwell was at the time of making the will and at the date of her death considerably indebted to various persons--that the personal estate will not pay the expenses of the administration . . . Complainant thinks it quite likely that all the Real Estate will not bring an amount sufficient to pay all of the debts of the said Mary Cornwell . . . Complainant will state and show that said intestate died seized and possessed of the following tracts of land (to wit) a small tract of land lying in District No. 1 of Jackson Co. on the Ridge between Gainesboro and W. H. Botts' farm that he formerly lived upon, a small tract of about ten acres that she purchased of R. Aleax in same district on the creek between Gainesboro and Cumberland River, an unimproved tract lying in same district near Denton Moores', number of acres not now recollected, upon which Denton Moore has a Deed in Trust for the sum of [blank] dollars, another small tract of land which lies in District No. 13 of said County, all of which are worth but little . . . The tract willed as herein stated lies in District No. 1 between Gainesboro and Cumberland River on Doe Creek. NOTE: there is a document in this folder in which Catherine [Katherine] Moore signs her name as Kitty Moore. -bp. Depositions taken: no date. DEPOSITION: ZELL YOUNG. Aged 28 years. I am the Commissioner of Jackson Co., was elected by the County Court of Jackson Co. TN July Term 1872. /s/ Z. M. Young DEPOSITION: Z. VAN HOOSER. Aged 52 years. I purchased the Home tract of land known as the Mary Cornwell tract in District No. 1 of Jackson Co., I think some time in the year 1871 . . . /s/ Z. Van Hooser Deposition taken: 1 April 1874. DEPOSITION: MATILDA YORK. 42 years. I am the wife of S. H. York and he has abandoned me and his children and left the country. He left the country in Sept. 1871--and never has returned. Matilda York (her mark) Depositions taken: 31 March 1874. DEPOSITION: L. WASHBURN. I am Lafayette Washburn . . . /s/ L. Washburn DEPOSITION: DAVID A. RAWLEY. Aged 47 years. DEPOSITION: A. B. BOTTS. 47 years old. /s/ A. B. Botts DEPOSITION: B. B. WASHBURN. 53 years old. /s/ B. B. Washburn Deposition taken: 17 March 1874. DEPOSITION: S. F. MURRAY. Aged 39 years. Mary Cornwell . . . her husband S. C. Cornwell kept the blacksmith Shop. /s/ S. F. Murray END OF ROLL Return to the Jackson County TNGenWeb page. -------------------------------------------------------------------------------- ================================================================================ 50 ================================================================================ -------------------------------------------------------------------------------- NEW: BOTTS, A. B. VS. LOCKE, JAMES W. ET. AL. CHANCERY, 1868 (continued from Roll No. 49). Deposition taken: 23 April 1872. DEPOSITION: JOHN W. MEADERS. Aged 50 years. I was ferry man at Gainesboro Landing . . . [in 1862, 1863 and 1866]. /s/ John W. Medders Depositions taken: 23 April 1874. DEPOSITION: A. W. DEWITT. /s/ A. W. Dewitt DEPOSITION: B. B. WASHBURN. /s/ B. B. Washburn DEPOSITION: T. H. BUTLER. /s/ T. H. Butler Deposition taken: Feb. 1861. DEPOSITION: OLIVER ANDERSON. Aged 30 years. Mr. Settle was a Merchant at the time [1859] and had a store in Gainesboro. I heard him, Settle, say it [his store] was burned the 14th of March 1860. /s/ O. H. Anderson DEPOSITION: GEORGE W. FLINN [FLYNN]. Aged about 33. Quest. How many negroes had Mrs. Cornwell of her separate property and their names? Ans. Spencer, John, Ples, Paul, Baney, Dave, Nels, Dan, Hiram, Bill, Mary, Fanny, Jane, Ruth, Elizabeth, Jane, Margarett, Molly, Octavia, Nancy, Laura, John, Hannah, Jim, Tom, Julia, Martha, Martha, Mary, Susan, Edward and another small one that I don't remember the name of. I live at Mr. or Mrs. Cornwell's. I have been living with her off and on ever since I was two or three years old. George Flynn (his mark) DEED. 28 Jan. 1853. For the consideration of $600 to us in hand paid we have this day sold to William R. Kinner, Trustee, for the use of Mary Cornwell and her heirs and assigns forever a certain tract of land in Jackson Co. TN, State of TN, on the South Side of Cumberland River and as follows, to wit, beginning at a point on Doe Creek opposite the mouth of the first branch on the west side of said creek above Coleman White's spring and running thence up said creek . . . A. Harris' field . . . the Gainesboro Road, thence along said road southwardly to Elizabeth Lock's line to William W. Woodfolk's line . . . down said [Cumberland] River with it's meanders . . .containing 82 acres, more or less. /s/ Geo. M. McWhirter /s/ Martha M. McWhirter DECREE. No date. . . . many years ago Silas C. and Polly Cornwell intermarried in Jackson Co. TN, having first made a marriage contract in which William Kinner was appointed trustee, and that after her marriage she had [unreadable] a farm deeded to her by George M. McWhirter and wife Martha McWhirter . . . -------------------------------------------------------------------------------- NEW: BOTTS, J. S. ET. ALS. VS. BOTTS, ELLA LEWIS ET. ALS. CHANCERY, 1892. John S. Botts, Lewis McQuoron, Dona McQuoron, E. T. Ellison and wife Elizabeth Ellison & J. F. Botts vs. Ella Lewis Botts, Agnes Kenner Botts & W. W. Draper, their general guardian. DECREE. 22 Sept. 1892. . . . the complainants Dona McQuoron, J. S. Botts, J. F. Botts and Elizabeth Ellison are the only living children of W. H. Botts, deceased, that Ella Lewis Botts and Agnes Kenner Botts are children of a deceased son of W. H. Botts, deceased, who died before his father . . . [The heirs at law are entitled to shares in the] tracts of land described in the pleadings, to wit: Tract No. 1. Lying in the 4th Civil District of Clay Co. TN and known as tract or lot No. 7 in a decree of the Chancery Court of Celina TN in the cause of Elizabeth Crawford vs. Mary Cherry et. als. and purchased by J. H. Crawford at said sale and bounded by the lands of T. H. Copass, south by the lands of J. M. Cherry, east by the lands of Cherry and Copass and west by the lands of J. W. Mulenix and also known as part of the Berry Moore tract, containing 75 acres more or less. Tract No. 2. Lying in Jackson Co. TN in the 13th Civil District, bounded by the lands of V. C. Lee on the west and on the south by the lands of T. P. Myers and on the north by the lands of A. F. Van Hooser on the east [sic] and is made of several tracts all adjoining each other containing 180 acres. Tract No. 3. Lying in the 4th Civil District of Clay Co. TN known as the W. C. Cherry old home place, being lots No. 2 and 5 of said land in a sale of said land made on the 10th Jan. 1885 in the case of Elizabeth Crawford vs. Mary Cherry et. als. by the Chancery Court at Celina TN. Lot No. 2 of same bounded . . . Stephen Jenkins . . . Celina and Centerville Road . . . Copasses line . . . containing 75 acres more or less. Lot No. 5 of said tract . . . line of G. W. Clements . . . containing 50 acres more or less. Tract No. 4. Lying in Macon Co. TN on Little Salt Lick . . . the 200 acre survey of Asa Riens . . . Russell's line . . . Benjamin Russell . . . Whitfield Reeves . . . Alexander Petigo and Jackson Key . . . containing 408 acres and 47 poles according to a survey made 25th Sept. 1873 and containing all the land bought by S. F. Murray from Charles E. Reeves. Also one other tract lying in Macon Co. TN containing 50 acres more or less, adjoining the tract last above . . . being the lands purchased by S. F. Murray from Geo [?] Key . . . Tract No. 5. Lying in the 4th Civil District of Jackson Co. TN on the headwaters of Jennings Creek known as the P. Buchanan tract. . . . decreed that partition of said lands be made in accordance with [the heirs at laws] rights . . . Plats of land as divided are in the Clerk and Master's Report. -bp. THE BILL OF COMPLAINT of J. S. Botts, Lewis McQuoron and wife Dona McQuoron, E. T. Ellison of Macon Co. TN and J. F. Botts of Jackson Co. TN against Ella Lewis Botts and Agnes Kenner Botts and Lizzie Botts of Barren Co. KY and W. W. Draper of Jackson Co. TN. Ella Lewis and Agnes Kenner Botts are minors and defendant Lizzie Botts is their regular guardian in KY and W. W. Draper is their regular guardian in TN. Complainants state that W. H. Botts departed this life near his home in KY on 26 May 1891. Complainants charge that said Wm. H. Botts left a will, but he died intestate as to all the lands in TN. James T. Anderson was duly appointed administrator of Wm. H. Botts . . . . . . at the time of his death, William H. Botts was owner . . . of the following tracts of land, to wit, one tract known as part of the Benj. Moore tract of 75 acres, deeded to Wm. H. Botts by J. R. P. Davis, Clerk and Master of the Chancery Court at Celina by deed dated 23 April 1889. It lies in Clay Co. TN . . . He was also owner of a tract conveyed to him by James K. Buchanan and wife Josephine Buchanan by deed dated 20 Dec. 1890 . . . This land lies in Jackson Co. TN. He was also the owner . . . of another tract of land known as the W. C. Cherry old place . . . it lies in Clay Co. near Centerville. He was also the owner of another tract lying in Macon Co. TN known as the Charles E. Reeves tract, conveyed to him by S. F. Murray, by deed dated 20th May 1879. He was also the owner of the tract of land on which Willis Cornwell now lives in Clay Co. TN and also a tract on the head of Jennings Creek in Jackson Co. TN in 4th District known as the Precer [?] Buchanan tract. He was also the owner of 1/2 undivided interest in the tract of land on which A. J. Clements formerly lived in Clay Co. TN. Ella Lewis Botts and Agnes Kenner Botts are the daughters of W. K. Botts, a son of Wm. H. Botts . . . -------------------------------------------------------------------------------- NEW: BOTTS & COX VS. HOWELL, JOHN G. CHANCERY, 1875. About a debt for a land purchase. Nothing specifically genealogical. -bp. -------------------------------------------------------------------------------- NEW: BOTTS & HARE VS. YOUNG, WM. ET. ALS. CHANCERY, 1867. THE BILL OF COMPLAINT of William H. Botts of Barren Co. KY & Achilles A. Hare of Jackson Co. TN against David A. Rowley & Benjamin B. Washburn, citizens of Jackson Co. TN, William Young of Smith Co. TN & Joshua Hail of the State of Texas. 21 Nov. 1866. . . . on the 22nd day of Sept. 1859, defendant David A. Rowley and one Albert Green (who is now dead . . .) were copartners in mercantile business at Gainesboro, Jackson Co. TN, trading under the firm name and style of Rowley & Green. This case is about debts. -bp. -------------------------------------------------------------------------------- NEW: BOTTS, W. H. VS. ANDERSON, WESLEY. CIRCUIT, 1879. . . . Wesley Anderson is justly indebted to William H. Botts by account in the sum of $90 for rent for the year 1878 of a certain tract or parcel of land lying in 13 Civil District of Jackson Co. TN on Pine Lick fork of Jennings Creek . . . being the same formerly owned and resided upon by F. M. Price . . . Wesley Anderson is fraudulently remaining, using and selling the crop raised thereon . . . said Anderson is absconding and concealing himself. . . -------------------------------------------------------------------------------- NEW: BOTTS, W. H. VS. BOWMAN, JEREMIAH ET. ALS. CHANCERY, 1861. DEED. 6 Feb. 1855. I, Jeremiah Bowman, for the love and affection I entertain for my daughter Eliza Jane Bowman and my son Woodson Bowman, do hereby transfer and convey to them my tracts of land in Jackson Co. TN State in District No. 8 and on the waters of Sugar creek, viz. . . . Elizabeth [called Elisha in all subsequent documents - bp.] Sanders east boundary line . . . conditional line made between Elizabeth Sanders and James Neely . . . Armstrong's line . . . containing 91 acres and 34 poles . . . Witnesses: Michael Ghormley, James Boles, Sampson W. Capetty, Alexander Bowman THE SEPARATE ANSWER OF JEREMIAH BOWMAN TO THE BILL OF COMPLAINT. 12 Feb. 1861. He is willing to pay a small amount [$5.00] to complainant, but does not believe complainant is entitled to all he is demanding [$80.00]. He denies he deeded his land to his children to defraud his creditors. -bp. Eliza Jane, who has intermarried with [blank] Hopsher [Hipsher] lives in Grainger Co. and Woodson lives in Hawkins Co. TN. They were born in TN and have resided in TN ever since. Respondent admits he has resided on the land ever since the deed was made. /s/ Jeremiah Bowman REPORT OF SALE. June 1867. . . . the tract of land in the pleadings . . . was sold . . . to William H. Botts . . . for $135. Deposition taken: 19 Jan. 1867. DEPOSITION: WILLIAM ADCOCK. Aged about 57 years. [The tract of land bought by Jeremiah Bowman of Elisha Sanders] adjoins the lands of Joshua Flowers heirs, being a part of the old Sanders tract and also adjoining the lands of Hugh Crocker and also the land of Venoy. /s/ Wm. Adcock THE BILL OF COMPLAINT OF WILLIAM H. BOTTS of Jackson Co. TN against Jeremiah Bowman of said county and state and Eliza Jane Bowman and Woodson Bowman of parts unknown to complainant. 16 Jan. 1861. . . . on the 28th day of Feb. he recovered a judgement against the defendant Jeremiah Bowman . . . for the sum of $80 . . . -------------------------------------------------------------------------------- NEW: BOTTS, W. H. ET. AL. VS. FARRAR, B. J. ET. AL. CHANCERY, 1881. A very involved case about debts surrounding a land sale. Nothing specifically genealogical. -------------------------------------------------------------------------------- NEW: BOTTS, WILLIAM H. VS. GAINES, G. P. ET. AL. CHANCERY, 1868. Depositions taken: 2 Aug. 1871 at Louisville, Jefferson Co. KY. DEPOSITION: G. P. GAINES. . . . he in Nov. 1864 made a copartnership with J. W. Heeter, W. H. Botts and W. F. Dodd for carrying on a general retail merchandise business in Glasgow, KY . . . When the war ended, they found they were loosing money at their Glasgow location, and decided to move their business to Hartsville, TN, but they still lost money. G. P. Gaines then offered to buy the others out. -bp. . . . [Botts] was engaged in a lucrative practice of his profession at Glasgow and also was in copartnership with James M. Anderson, a loyal attorney, in procuring the release of Rebel prisoners, from which, he was often told, he was realizing a large income. He says Botts has refused to settle accounts. -bp. DEPOSITION: T. F. HEETER. Aged about 27 years. I had no interest in the business and have no interest in this suit. /s/ T. F. Heeter DEPOSITION: JAMES E. GORIN. Aged about 35 years. [In 1864 and 1865] I lived in Glasgow, KY. [I was] in the dry goods business. /s/ Jas. E. Gorin DECREE. The case was settled by compromise in 1876. -bp. -------------------------------------------------------------------------------- NEW: BOTTS, WM. H. VS. JONES, THOMAS J. AND OTHERS. CHANCERY, 1873. This case is about debts. -bp. REPORT OF SALE. Aug. term 1866. William H. Botts became the purchaser of the following described tract of land lying in Jackson Co. TN in Civil District No. 11 on the waters of Flynn's creek containing by estimate 100 acres . . . bounded . . . James M. Wolf's southeast corner on the top of the ridge between Peyton's branch and the waters of Flynn's creek . . . McCormack's old line . . . Fitzgerald's . . . Woodfork's east line . . . at the price of $60 . . . and also the following described tract lying in Jackson Co. TN on the ridge between Martin's creek and Flynn's creek known as the Peyton Anderson land and the same sold by decree of the Chancery Court in Gainesboro in the case of Fuquay against Anderson and purchased by Thomas J. Jones, containing 50 acres more or less and bounded . . . adjoining the lands of John Brown and others and the same that John Brown once sold to James Brown or Anderson and gave him a bond for title thereto and which was sold by decree of the Chancery Court at Gainesboro when Thomas J. Jones became the purchaser . . . at the price of $55. And also the undivided interest of Abner and John Porter in the . . . interest after termination of the life estate of Rutha Porter, widow of William Porter, deceased, in the tract of land laid off to the widow of William Porter, deceased, for her dower in the Real Estate of said William Porter, deceased . . . at the price of $35 and also the following described tract of [unreadable] town lots in Flynn's Lick on Flynn's creek, Jackson Co. TN beginning . . . what was once S. F. Murray's corner running with his line north to the T. D. Simpson old line . . . L. A. McCarver's . . . at the price of $15. -------------------------------------------------------------------------------- NEW: BOTTS, WM. H. VS. LOWE, LEONARD J. CHANCERY, 1866. This is about debts, and has nothing specifically genealogical. bp. -------------------------------------------------------------------------------- NEW: BOTTS, W. H. VS. MC CARVER, PINKNEY. CIRCUIT, 1883. This is about debts, and has nothing specifically genealogical. -------------------------------------------------------------------------------- NEW: BOTTS, W. H. VS. STAMPS, E. C. CHANCERY, 1877. MORTGAGE DEED. 13 Feb. 1853. . . . I, Worley Young, am held and firmly bound unto Elijah Stamp in the sum of $1400 . . .certain tract of land containing about 100 acres situated and being in Tally's hollow and bounded . . . corner of a 25 acre tract made by James B. Young . . . conditional line between said Worley Young and Joseph Stafford . . . corner of a 160 acre tract of Elisha Wheeler . . . 60 acre survey of said Wheeler . . . boundary of a 100 acre survey made by James Young . . . 25 acre survey made by Young B. Young . . . /s/ Worley Young THE SEPARATE ANSWER OF JAMES Y. PUTTY, William W. Davis, John L. Putty and their wives Matilda Putty, Elizabeth Davis, and Rhoda Malina Putty to the Bill of Complaint against them and others by Elijah Stamps, complainant. 27 April 1859. They deny that Worley Young ever sold to complainant Stamps the land described; they say that the instrument in the exhibit was not executed by Worley Young. In fact, Worley Young, in his will, devised a part of this land to his wife in the presence of said Stamps. They admit that Worley Young sold to complainant Stamps a tract of land and executed title bond on the same, but believe this instrument has been tampered with. The defendants are willing that complainant Stamps have the land as originally described in the instrument, after complainant pays the balance of the purchase money, which they deny that he has done. -bp. THE BILL OF COMPLAINT OF ELIJAH STAMPS, a citizen of Jackson Co. TN against William H. Botts, Rebecca Young, Thomas Young, James Y. Putty and wife Matilda Putty, Wallace Davis and wife Elizabeth, Marcon Young, Nancy Young, Josiah Young, Marthy Young and Polly Young and John L. Putty and wife Rhoda Putty, all citizens of Jackson Co. TN and William Young, a citizen of the State of Missouri. 18 Jan. 1859. . . . Worley Young departed this life in Jackson Co. TN on the [blank] day of Nov. 1850, having made and published his last will and testament in which he appointed Jesse Maberry [?] his executor and that he failed and refused to accept the trust and the County Court of Jackson Co. appointed the defendant William H. Botts administrator . . . the defendant Rebecca is the widow of the said deceased, defendants Putty and Davis married the daughters of said deceased. All the other defendants are children of the deceased and all his legal heirs and all of them are minors save Putty and wife, Davis and wife, Thomas and William Young, who are adults. -------------------------------------------------------------------------------- NEW: BOTTS, W. H. VS. SPURLOCK, T. J. CHANCERY, 1880. Botts claims that Spurlock has not paid him for the land he purchased from him. -bp. -------------------------------------------------------------------------------- NEW: BOWMAN & SIMS VS. JONES, WILLIAM. CHANCERY, 1857. THE BILL OF COMPLAINT OF ANDREW BOMAN [BOWMAN] and Parrish Sims, grocers trading under the firm and style of Boman [Bowman] & Sims, citizens of Jackson Co. TN, against William Jones of the same Co. and State. . . . they some short time past commenced trading in partnership in the trade of groceries . . . they fitted out a house of said business in Jenning's Creek . . . William Jones whom they employed to sell the same for them . . . They say Jones has failed to make an account of the business and they want him to do so. They imply that Jones has made off with some of the profits. -bp. THE SEPARATE ANSWER OF WILLIAM JONES to the Bill of Complaint. 13 Sept. 1857. Tis true he supposes that the complainants did sometime last year engage as copartners in the Grocery business, and as such copartners they bought up some liquors, etc. and complainant Bowman took possession of them and sold a while at Centerville. Tis true too that they branched their concern in December last and set up the branch at a house on Jenning's Creek, a distance from Centerville of about ten miles, and it is also true that this defendant did UNFORTUNATLEY hire to them to go to their concern on Jenning's Creek and take charge of and sell as their clerk said groceries . . . He says he has made an account of the business. -bp. He was poor and not able to work for his living. And he could not feel content to remain upon his father's hands for a support and was induced to accept the aforesaid position under these men with the hope of making enough to buy clothes and get something to further improve his education, but he soon found that the horrors of a grocery were too much for him and he determined to leave. /s/ William Jones Depositions taken: 18 Jan. 1858. DEPOSITION: J. S. MORROW. /s/ J. S. Morrow DEPOSITION: THOMAS WILLSON. Aged 40 years. I resided at or within a few yards, perhaps not exceeding one hundred, from the grocery house during Jones stay there. I have sold groceries at that house myself . . . Quest. Is not Jones a crippled, weakly young man unable to make a living by manual labor ? Ans. Yes, sir. /s/ Thomas V. Wilson DEPOSITION: JAMES G. CUNNINGHAM. Aged about 49 years. /s/ J. G. Cunningham Depositions taken: 25 June 1857. DEPOSITION: RUBIN H. GOAD. /s/ R. H. Goad DEPOSITION: BENJAMIN HALE. /s/ Benjamin Hale Depositions taken: no date. DEPOSITION: JOSEPH PURDY. Joseph Purdy (his mark) DEPOSITION: JOSEPH BILLINGSLEY. Aged about 21 years. Joseph Billingsley (his mark) Depositions taken: no date. DEPOSITION: JABEZ C. GIST. [Jones] is an afflicted, in one leg and hip, young man, as I understand, and unable to walk. /s/ J. C. Gist DEPOSITION: M. F. YOUNG. Aged 22 years. /s/ M. F. Young DEPOSITION: WILLIAM C. PURCEL. /s/ Wm. C. Purcell DEPOSITION: JOHN M. CLARK. Aged 40 years. It is about one hundred yards from my house to said Grocery house [on Jenning's Creek]. I have sold groceries there. /s/ John M. Clark -------------------------------------------------------------------------------- NEW: BOYD, JAMES VS. VANCE, WILLIAM R. ET. AL., ADMR. CHANCERY, 1849. DECREE. 11 July 1850. . . . it appeared to the satisfaction of the Court that James Boyd is one of the lawful heirs of John Boyd, deceased, and as such heir the sum of $48.31 was due him from the sale of personal property of said deceased and the sum of $12.00 was due him for rent of lands received by the administrator . . . -------------------------------------------------------------------------------- NEW: BRAZIL [BRASWELL], POLLIE VS BRAZIL [BRASWELL], GREEN B. ET. AL. 1868. THE ANSWER OF POLLY BRASWELL TO A ANSWER & CROSS BILL FILED BY G. B. BRASWELL. 21 Dec. 1868. . . . her [Polly Braswell's] brother, John Whitaker . . . Polly Braswell (her mark) Deposition taken: 8 Feb. 1869. DEPOSITION: WILLIAM WHITAKER, SR. Aged 70 years. William Whitaker (his mark) BILL OF EXCEPTIONS. No date. DEPOSITION: MRS. OLIVE GENTRY. Mrs. Braswell is subject to fainting spells. DEPOSITION: SALLIE HUNTER. DEPOSITION: FANNIE ALLEN. Have known her [Polly Braswell] since she was two years old. DEPOSITION: MAGGIE LEE. DEPOSITION: SALLIE SWEEZEA [?] I lived with Mr. Braswell and wife on Lock's farm after they got together the second time. Saw him draw a gun on her and saw him threaten her. DEPOSITION: MARTHA SETTLE. DEPOSITION: JOHN W. NUDDERS. Have known her from a small child. DEPOSITION: WM. GENTRY. DEPOSITION: R. A. COX. Have known the lady from a little child. DEPOSITION: B. B. WASHBURN. DEPOSITION: JOSSIE LEE. DEPOSITION: JOHN DORMIS [DENNIS?] DEPOSITION: ISAAC JONES. DEPOSITION: MRS. JARMAN. DEPOSITION: ELIZABETH JARMAN. DEPOSITION: MRS. DENNIS. DEPOSITION: DUDLEY HUNTER. I am her [Polly Braswell's] brother-in-law; married her sister. DEPOSITION: MARGARETT DENNIS. DEPOSITION: BARBARY JARMON. All of the above are witnesses to the character of Polly Braswell, and all declared her character to be good. -bp. THE BILL OF COMPLAINT OF POLLY BRAZIL [BRASWELL] of Jackson Co. TN against Green Berry Brazil [Braswell], Robert Witaker and Emery Moore, all of Jackson Co. TN. . . . she and Green B. Brazel intermarried in Jackson Co. TN about the [blank] day of March 1865. Defendant Green B. Brazil was at the time of their marriage a Soldier and consequently they were not together a great deal for some time. After his term of service expired they went to housekeeping and got along together tolerably well for a short time . . . Her said husband in a very short time commenced a course of cruel and inhuman treatment towards her that rendered her condition intolerable. He cursed and abused your oratrix and threatened to shoot her . . . forced her to withdraw from his Society which she first did about the [blank] day of Sept. 1866--when she filed her petition in the Circuit Court of Jackson Co. for divorce. Said defendant then came to her and persuaded her to dismiss her suit . . . Said defendant again commenced the same course of abusive, cruel and inhuman treatment . . . withdrew herself from his Society and returned to her parents, with whom she has ever since been living. She and defendant have no living issue. Said defendant Brazil has no Real estate and but little if any personal property subject to execution. . . . about ten acres of corn after paying rent which he and defendant Robert Whitaker made cropping together . . . defendant Emery Moore owes said defendant Brazil a corn debt of 22 or 23 barrels of corn. . . . her brother William Whitaker, Jr. . . She asks for a divorce. -bp. . . . asks that her name be changed back to Whitaker, her maiden name . . . THE BILL OF COMPLAINT OF G. B. BRAZZILL [BRASWELL] AGAINST POLLIE BRAZZILL [BRASWELL], BOTH OF JACKSON CO. TN. 12 Jan. 1889. . . . he and the defendant Pollie Brazzill were intermarried in Jackson Co. TN on the 1st of March 1864. He states that he is a poor man and has been for years afflicted with disease of the lungs, which affliction came upon him shortly after his marriage. . . . [Polly] has been guilty of divers lewd acts of adultery with one Berry Coomer . . . She has left the country and gone to Nashville TN to live with one Logan Dumis, whose wife Mag Dumis, formerly Mag Moton, is a woman of lewd character . . . He asks for divorce. -bp. G. B. Brasel (his mark) -------------------------------------------------------------------------------- NEW: BREWINGTON, HANSFORD, ET. AL. VS. SADLER, JOHN L. ET. AL. CHANCERY, 1892. Depositions taken: 22 Feb. 1893. DEPOSITION: JOHN HANEY. 82 years of age. [I reside] in Jackson Co. TN. [Have lived here] all my lifetime. Quest. Were you acquainted with Thomas Brewington and Patient his wife? Ans. Yes, I knew them. Quest. Did you know Nancy, their daughter, who married Harriston Marcum? Ans. Yes, I have seen her. Quest. Do you know whether Nancy were born before Thomas Brewington and Patient were married or not? Ans. Yes. She was born before they was married. Quest. About how old were she when they were married? Ans. Well, I can't tell. I don't recollect. Quest. From the best of your recollection, how old were she at their marriage? Ans. She was about two years old, I think. John Haney (his mark) DEPOSITION: JEFFERSON JOHNSON. 69 years of age. Quest. Where do you reside? Ans. In Jackson Co. TN. Quest. How long have you lived here? Ans. All my life except a short time. Quest. Are you acquainted with the lands in litigation, known as the Thos. Brewington land? Ans. Well, I am acquainted some. Quest. Does it not join your lands? Ans. Yes. Quest. Did not Thomas Brewington live on said lands during the latter part of his life? Ans. He did. Quest. Did not his widow live on and claim the land as his till her death? Ans. Yes. Quest. How long did Brewington and his widow have possession of the lands and live on the same? Ans. Ever since the war till her death, which is about eight years. /s/ Jefferson Johnson DEPOSITION: LARKIN JOHNSON. 52 years of age. Quest. How long have you lived in [Jackson Co.]? Ans. All my life, with the exception of a few months. Quest. How long had Thomas Brewington had possession of the land prior to his death and when did he die? Ans. I reckon about 1861 he got possession of the land and I think he died about 1863. Quest. Who did Brewington purchase the lands from? Ans. He said he was going to buy it from James Draper. /s/ L. Johnson Depositions taken: 1 Feb. 1897. DEPOSITION: J. R. DARWIN. I was [Deputy Sheriff of Jackson Co. TN] from 1890 to 1896. /s/ J. R. Darwin DEPOSITION: CLAY REEVES. I am 38 years old. I live in Gainesboro TN. I was Clerk of the Circuit Court of Jackson Co. TN from Aug. 1886 to Aug. 1894. /s/ Clay Reeves Depositions taken: 18 June 1896. DEPOSITION: MALINDA BREWINGTON. Quest. Are you the wife of complainant Hansford Brewington? Ans. Yes, Sir. Quest. Do you and your husband live on the place he bought of James Marlow? Ans. Right where the house sits is a piece we got from Luke Gilom, but we still occupy a part that we got from Marlow. Quest. How long have you so occupied it? Ans. 24 or 25 years. . . . our house got burnt . . . Melinda Brewington (her mark) DEPOSITION: ARCHIBALD CARRINGTON. Quest. What is your age? Ans. About 60. I have lived in a mile and a half and three miles [from Hansford Brewington] for 25 years. Arch Carrington (his mark) DEPOSITION: MR. JOHN S. APPLE. 48 years of age. Quest. Did you ever buy a tract of land of Mr. Sadler, defendant in this case, if so, did your land bound on Mr. Brewington's on the north? Ans. Yes, Sir. /s/ J. S. Apple DEPOSITION: C. H. UPCHURCH. /s/ C. H. Upchurch MALINDA BREWINGTON, CROSS-EXAMINED. [James] Marlow is dead. I hear Mrs. [Betsy] Holliman is. Malinda Brewington (her mark) DEPOSITION: W. T. DAW. /s/ W. T. Daws Depositions taken: 29 May 1897. DEPOSITION: WM. THOMAS. Age 37 years. Quest. What relation, if any, are J. H. Sadler who gave his deposition in this case and J. L. Sadler, the complainant? Ans. They are brothers. William Thomas (his mark) THE BILL OF COMPLAINT of Hansford Brewington & L. R. Dyer, admr. of Thomas Brewington, deceased, against Thina Brewington to Jackson Co. TN, Joseph Brewington of Clay Co. TN, Henry Brewington of the State of Illinois, Betsy Brewington of parts unknown, John Brewington of parts unknown, the heirs of Killis Brewington, deceased, whose names and residences are unknown, Polly Brewington of parts unknown, Reuben Brewington of parts unknown, James Brewington of parts unknown and Becky Brewington of parts unknown. 1 Aug. 1887. . . . about the year 18[blank] Thomas Brewington died intestate in Jackson Co. TN, seized and possessed of a valuable tract of land lying in the 12th District of Jackson Co. TN on the head waters of Flynn's Creek, bounded on the North by the lands of Frank Fox, on the South by Jeff Johnson, East by Henry Fox and West by Henry Jackson, containing about 295 acres, leaving as his only heirs at law his brothers and sisters and their children. They want to sell this land, and divide the profits. -bp. THE BILL OF COMPLAINT of Nancy E. Marcum, a citizen of Howell Co. MO against Hanceford Brewington, Thina Brewington & L. R. Dyer, admr. of Thomas Brewington, deceased, all of Jackson Co. TN, Betsy Brewington, John Brewington, Polly Brewington, Rubin Brewington, James Brewington and Becky Brewington, all of parts unknown and R. A. Cox and Y. A. Montgomery, executor of James Draper, deceased, of Jackson Co. TN. No date. Your oratrix charges that she is the only child and heir at law of Thomas Brewington, deceased. She married several years ago to W. H. Marcum and moved to Missouri, since which time he died and she is now a widow. Her father, Thomas Brewington, died many years ago in Jackson Co. TN, seized and possessed of a 50 acre tract of land, lying on the head waters of Flynn's Creek . . . supposed to contain about 295 acres in all. Depositions taken: 25, 26 & 27 Feb. 1897. DEPOSITION: W. N. GENTRY. Aged 61 years. Quest. Were you acquainted with James P. Marlow in his lifetime? Ans. Yes. Quest. When did he die? Ans. It was the last of 1872 or the first of 1873. I was appointed his administrator, according to the record, in April 1873. /s/ W. N. Gentry DEPOSITION: J. L. ODOM. 52 years of age. /s/ J. L. Odom DEPOSITION: A. BRYANT. /s/ A. Bryant Depositions taken: 28 & 29 May 1896. DEPOSITION: HANSFORD BREWINGTON. Aged 56. I bought it [the land described in his bill in this case] from Jim Marlow in 1870. I got a title bond from said Marlow . . . It got burnt when my house was burned, I think in the year 1887. I remained in possession of it until Mr. Sadler put me out under a writ of possession from the Circuit Court of Jackson Co. about Dec. 1890, as I remember. Hansford Brewington (his mark) DEPOSITION: WM. VICKERS. /s/ W. H. Vickers DEPOSITION: W. M. NEILL. /s/ W. M. Neill AFFIDAVIT. 31 Oct. 1892. . . . Thina Brewington, one of the defendants in the original bill, is dead and that J. P. K. Brewington, William Brewington, Elizabeth Ward and her husband Jones Ward are her only children and heirs at law. They reside in Jackson Co. THE BILL OF COMPLAINT OF HANSFORD BREWINGTON against John L. Sadler, both of Jackson Co. TN. 2 Jan. 1896. Complainant respectfully shows to your Honor that he is the owner of the following tract or parcel of land, and has been for a period of more than 25 years, to wit . . . containing thirty acres more or less and lying on Martin's Creek in the 7th Civil District of said county, being a part of the fifty acre tract once claimed by M. W. Settle. He states that he bought said land in 1870 . . . . . . He [defendant Sadler] fraudulently pretended to buy said land and take a deed from one Majary [Margery?] W. Settle and then fraudulently procured a writ of possession under a pretended by void judgement in favor of M. W. Settle in the Circuit Court of Jackson Co. TN in the case of Margery W. Settle and others against James Morland and others, to which suit your complainant was not a party. . . . the defendant J. L. Sadler, after he obtained his fraudulent possession as aforesaid pretended that he was entitled to rents and the value of timber alleged to have been cut from said land, and filed a bill to recover rents and damages, which case was prosecuted to the Supreme Court, where it held that the aforesaid deed from M. W. Settle to J. L. Sadler was champertous, fraudulent and void, and that he could not be permitted to rely on it for any purpose. THE ANSWER OF JOHN L. SADLER. He says that Hansford Brewington's possession of the land was the result of a conditional trade for said land while it was in litigation from a person who had no right to make such a contract and who lost in the litigation. He denies that his deed has been declared void. -bp. Depositions taken: 24 May 1897 in Putnam Co. TN. DEPOSITION: J. H. SADLER. Quest. How old are you? Ans. 38 in Sept. J. H. Sadler (his mark) DEPOSITION: J. H. NEAL. Aged 52 years. /s/ J. H. Neill. THE JOINT AND SEPARATE ANSWER OF HANSFORD BREWINGTON AND L. R. DYER to the Bill of Complaint of Nancy E. Marcum. It is untrue that complainant Nancy E. Marcum is the only child and heir at law of Thomas Brewington, deceased. She is not his child or heir at law of said deceased, but was an illegitimate child of a woman that said deceased married, seven or eight years after her birth. Said Thomas Brewington was not her father and never adopted or in any way recognized her as his child. Respondents do not know whether complainant's father died without a will or not. It is not certainly known to them who her father was, but her reputed father is still living. Deposition taken: 28 Sept. 1896. DEPOSITION: H. BREWINGTON. [James Marlow] did agree to let me have some land if he gained it. It was the land that he was then in law about with Sadler. I was to have it at a certain price. It lay west of the land in dispute and joins it, but I never got any part of it and don't claim any part of it. Marlow never gained it. ORDER OF RULES. Sept. Rules 1892. On motion and affidavit of J. T. Anderson, solr. for complainant, it appears to the Clerk & Master that defendant R. A. Cox has died since last term of this Court, leaving Cora Lucas and husband W. E. Lucas of the State of South Carolina and Clara Epperson and husband J. A. Epperson of Davidson Co. TN and J. N. Cox, a minor, of Jackson Co. TN. Deposition taken: 1 July 1896. DEPOSITION: HANSFORD BREWINGTON, CROSS-EXAMINED. Quest. What right had Simpson Marlow to collect the note [due to James Marlow]? Ans. I reckon he was winding up his father's business [James Marlow had died]. Quest. Where did you live at before you came to where you now live? Ans. I lived on the dry fork of Martin's creek where Marsh Brown now lives. Hansford Brewington (his mark) DEPOSITION: HENRY VINSON. I have known the land since my boyhood days. I am near 53 years old. Quest. Was or not the Jack Brown you speak of . . .a very old and very knowing man in the neighborhood? Ans. He was an old man--one of the first Settlers in that neighborhood--was a very intelligent, well-informed gentleman. Henry Vinson (his mark) DEPOSITION: S. P. MARLOW. Aged 39. Quest. Are you a son of James Marlow, deceased? Ans. Yes, Sir. Quest. Who wrote the bond? Ans. A. Bryant. The same that is called Dick Bryant. [My father] died in 1872. Quest. Was you not in the U. S. Army in the year 1871? Ans. No. I was discharged in the year 1871, the 21st day of Sept. I re-enlisted in 1868 and served them years in Cavalry. I was first enlisted in the latter part of 1865 and discharged first sometime in 1868. Quest. Who was the administrator of your father's estate? Ans. W. N. Gentry of Putnam Co. /s/ S. P. Marlow DEPOSITION: SARAH MARLOW. Aged 67. Quest. Are you the widow of James Marlow? Ans. Yes, Sir. My health is very bad. Sarah Marlow (her mark) -------------------------------------------------------------------------------- NEW: BREWINGTON, HENRY VS. BREWINGTON, PATIENCE & OTHERS. CHANCERY, 1868. THE BILL OF COMPLAINT OF PATIENCE BREWINGTON of Jackson Co. TN against Silas R. Jackson of Jackson Co. TN, Rebecca Mooneyham [Mooningham] and her husband John Mooneyham [Mooningham] of Jackson Co. TN, Henry Brewington, Elizabeth Brewington, Polly Brewington, Parthena Brewington, Hansford Brewington and James Brewington, residents of Putnam Co. TN, Sallie Pippin and her husband Thomas Pippin, Henry Carter and wife Polly Carter, Elizabeth Brewington of Jackson Co. TN, Jane Brewington and Thomas Brewington of the State of Missouri, heirs at law and the children of John Brewington, deceased, except defendant Sallie Pippin are nonresidents and names and places of residence unknown--children and heirs at law of Gillis Brewington, deceased, names and residences unknown--they are nonresidents of TN, John Reuben Brewington of the State of KY and Joseph Brewington, a nonresident and resides in parts unknown, defendants. . . . her husband, Thomas Brewington, died intestate in Putnam Co. TN in the year 1864 . . . . . . before his death and as she now remembers sometime in 1861, her husband, said Thomas Brewington, sold to the defendant Silas Jackson a tract of land in Jackson Co. TN bounded as follows, on the North by the land of U. H. W. Fox, on the East by the land of B. A. Fox, on the South by the land of E. B. Jackson and on the West by the land of E. L. Jackson. Notes on this land were never paid -bp. These notes were deposited by the husband of your oratrix with one Matthew Brewington, his brother . . . . . . said Matthew Brewington was killed or died during the late war of the rebellion. She has no children. Her husband died without issue, leaving defendants Henry Brewington, James Brewington, Hansford Brewington, Elizabeth Brewington, Polly Brewington, Parthena Brewington, Joseph Brewington [&] Rebecca Mooneyham [Mooningham] his brothers and sisters, Sallie Pippin & the other children of his deceased brother John Brewington and the children of his deceased brother Gillis Brewington and defendants Mary or Polly Carter, Elizabeth Brewington, Jane Brewington & Thomas Brewington, children of his deceased brother Matthew Brewington, his only heirs at law. Patience Brewington (her mark) COMPROMISE. March Term 1877. Complainant agrees to take $150 as a full payment for the balance of purchase money due for the land described in the Bill and out of it to pay all the cost of this suit. She further agrees that Silas R. Jackson pay to Robert Montgomery balance due him from Thomas Brewington . . . HANSFORD BREWINGTON & L. R. DYERS, ADMR. OF THOMAS BREWINGTON, DECEASED, vs. Thina Brewington, Joseph Brewington and others and Nancy Marcum vs. Hansford Brewington and others. Complainants and cross complainants have abandoned their cases and fail and refuse to prosecute the same . . . JURY VERDICT. 18 March 1918. We find that Hansford Brewington and his wife Malinda Brewington to be persons of unsound mind and not capable of managing their business affairs. . . . if she [Malinda Brewington] died before the said Hansford Brewington, all of his estate would descend to Berry Brewington, Henry Brewington, Malissa Thomas, deceased, heirs, James Brewington, the heirs of Marion Brewington, Catherine Vickers, Nettie Green, George Brewington, Ada Thomas, Ida Carter . . . Depositions taken: no date. DEPOSITION: HENRY BREWINGTON. Quest. What relation are you to the defendants, Hansford and Malinda Brewington? Ans. They are my father and mother. Quest. Give the ages of each of the defendants as best you can. Ans. Hansford Brewington is 83 years old and Malinda Brewington is 80 years old. DEPOSITION: JAMES BREWINGTON. He is the brother of Henry, above. -bp. DEPOSITION: W. H. VICKERS. I married their girl [the daughter of Hansford and Malinda]. Quest. Give the names and ages of their children. Ans. Berry, about 64 or 65, Henry 57, Malissa 55, James 53, Marion about 52, Catherine Vickers about 52, Nettie Green about 47, George 45, Ada Thomas about 43, Ida Carter about 41. DEPOSITION: BEN GREEN. Quest. What relation are you to the defendants? Ans. I married one of their daughters. I am hard of hearing. DEPOSITION: DR. J. MACK WHEELER. Quest. Are you a practicing physician? Ans. Yes. DEPOSITION: F. C. FUQUAY. -------------------------------------------------------------------------------- NEW: BREWINGTON, H. B. VS. PARKERSON, JOHN ET. AL. CIRCUIT, 1894. About trespassing. Ordered that it should be tried in Putnam County. -------------------------------------------------------------------------------- NEW: BREWINGTON, PENELOPE VS. BREWINGTON, JAMES K. P. CHANCERY, 1885-1902. Depositions taken: no date, 1902 or later. DEPOSITION: GEORGE SCARLET. I live in 10 District of Jackson Co.; am 32 years old. /s/ G. W. Scarlet DEPOSITION: CALVIN SMITH. W. C. Smith (his mark) DEPOSITION: S. J. [?] NETHERTON. /s/ S. J.[?] Netherton DEPOSITION: FRANK ROGERS. . . . Uncle Joe Rogers . . . Frank Rogers (his mark) DEPOSITION: LEM GOOLSBY. /s/ L. H. or W. Goolsby THE PETITION OF PENELOPE BREWINGTON AGAINST J. K. P. BREWINGTON, both of Jackson Co. TN. 20 March 1903. J. P. K. Brewington has failed to pay the court ordered support for her and their children. -bp. REPORT OF THE CLERK AND MASTER. March term 1904. Summary: the C & M had been ordered to sell timber off of "the lower Mill place" for the benefit of the complainant and her children as they were in great need of aid. He procured Mr. Draper, who owns and operates a mill near said land and timber, to go and look at the timber and report as to whether he would purchase same, and he reported that he had gone upon the premises and saw the timber but he had been advised that the defendant had been seen in the woods with a gun and that he had better not have anything to do with said timber, and he refused to buy any of the timber until the litigation was over, and there was no one else he could sell to. -bp. CONTEMPT PROCEEDING. Depositions taken: 21 March 1903. DEPOSITION: J. H. DAVIDSON. Testifies that defendant showed him large amounts of money since the trial began. -bp. DEPOSITION: WILLIAM HENSLEY. Testifies that defendant said he had his means in such a shape that complainant could not get it. -bp. DEPOSITION: RUB JOHNSON. Testifies that defendant said he had the money to carry him anywhere he wanted to go. -bp. DEPOSITION: MR. BULLINGTON. DEPOSITION: J. CARRINGTON. Just before the parties in this case separated, sometime last fall was a year ago, defendant Jas. Brewington told me he had $3750 in money. DEPOSITION: JOHN VANTREESE. DEPOSITION: JIM SMITH. DEPOSITION: A. J. DUDNEY. Defendant told him he had about $1000 in the Bank of Cookeville at Cookeville TN. DEPOSITION: JOE RODGERS. Defendant found in contempt. Appealed to the Supreme Court. Deposition taken: 1 June 1903 at Munday Post Office, Knox Co., Texas. DEPOSITION: GEORGE SCARLETT. Age 33 years. Lives 1 1/2 miles east. Occupation is farming. Quest. Where did you live before you came to the State of Texas? Ans. Jackson Co. TN. Says he saw Penelope Brewington in lewd acts of adultery twice, once with James Smith and once with another man. -bp. Quest. Did you or not get any notice from her after that (when he testified in this case in Jackson Co.) demanding you to leave the country . . . Ans. There was a notice stuck up on the mill door notifying me to leave the country in a week; if did not leave I would be killed. Quest. Was she or not associated with a class of men who are regarded as dangerous men, who would likely commit violations of the law at her bidding? Ans. Yes, Sir. /s/ G. W. Scarlet PETITION FOR WARRANT OF ARREST. 18 June 1900 in Putnam Co. TN. . . . Penelope Brewington makes oath in due form of law and deposes and says that on or about March 5 day of 1900 in the State and County aforesaid, the offence of assault and battery and robbery and attempt to kill has been committed by Harvey Wiser and Dan Brewington and Nath. Robberds and William Thomas in disguise on the body of the same Penelope Brewington by striking her on the head with a gun and drawing guns and pistols on her and putting them in a position to shoot and punching them against her side and threatening to kill her and thereby putting her under great bodily fear . . . the said Penelope Brewington prays a warrant of arrest to issue. Penelope Brewington (her mark) Deposition taken: 10 June 1903. DEPOSITION: R. L. FARLEY. Quest. What is your age, residence and occupation. Ans. 33 years, Cookeville, Cashier of Bank of Cookeville. Mr. Brewington is not on our books. Have cashed checks a few times for Mr. Brewington. Quest. Will not the Books of the Bank give you the date and amount of the Nashville Exchange spoken of? If so, please examine the books and give date and amount of same. Ans. Jan. 17, 1902. $1100.00 and $ 1073.23. Amounting to $2173.23. THE PETITION OF WILLIAM M. PICKET, GEORGE H. MORGAN & LEWIS K. SMITH, all of Jackson Co. TN against James K. P. Brewington of Jackson Co. TN. 20 May 1885. They say that on 11 May 1885 at the urgent request of Penelope Brewington they filed a Bill of Complaint for her for divorce from J. K. P. Brewington. On the 16th of May 1885 they compromised and dismissed this suit. The complainants believe they are being defrauded out of their fees. -bp. DEED. 20 Aug. 1901. . . . W. T. Poston and wife Vina Poston convey to W. W. Brewington . . . tract of land lying in the 10th Civil District of Jackson Co. TN and bounded as follows . . . W. W. Pippins line . . . Brewington Mill Road . . . Maxwell Bros. line . . . conditional corner made by J. E. Jackson and S. S. Haney . . . Smith Mill Road . . . conditional corner made by France Haney and Wm. E. Smith . . . the bank of Byres Spring Branch . . . John Scarlet's line . . . containing 110 acres, more or less. This deed includes the Mill and Mill site that is now on said land. . . for and in consideration of $900. -------------------------------------------------------------------------------- NEW: BREWINGTON, PENELOPE VS. BREWINGTON, JAMES K. P. CHANCERY, 1885 - 1902. [This is a new folder, but a continuation of the preceding case. -bp.] THE BILL OF COMPLAINT OF PENELOPE BREWINGTON AGAINST J. K. P. BREWINGTON, both of Jackson Co. TN. 19 July 1900. . . . she and the defendant were married to each other in Jackson Co. TN about 17 or 18 years ago, and have since that time resided in said county. As the issue of said marriage they have the following children and heirs at law: Dovie E., aged 15, Lovie S. aged 14, Zina F. aged 10, James O. aged 8, William L. aged 6, Eva A. aged 5 and Nathan aged two [one written in later. -bp.] She charges that during all the time they have lived together they have not lived happily; the defendant has been niggardly and craving with an avaricious disposition to hoard money and that they have lived hard and denied themselves many of the comforts of life of which they could have been possessed and enjoyed had it not been for the miserly disposition of the defendant. . . . he has been untrue to his marriage vows to her and that he has kept on his premises women of lewd character, to wit, Eliza Vickers and Rebecca Bunch and has been guilty of divers actions of fornication and adultery with them . . . . . . after one of the defendant's tirades of abuse upon her she was forced to abandon him and she left and went to the home of her sister in Putnam county and that before leaving she got possession of $540 of their money, leaving buried in the smoke house at home the amount of $816 in silver and gold. The $540 she got in her possession she carried with her and that on the night of the 5th of March 1900 the defendant procured four dirty villains to come to the home of her sister in Putnam county, in disguise, armed with pistols and bludgeons and who pulled your petitioner from the bed, cursed and abused her and threatened to kill her. They said they had been sent for the money she had taken away and was going to have it or her brains. They by force and violence carried her from her sister's to the home of the defendant in the night time, through slush, snow and rain and by violence and threats forced her, in the presence of the defendant, to surrender the money she had in her possession and tell where the remainder was secreted in the smoke house. She asks for divorce, custody of the children, alimony and child support and payment of the attorney's fees. -bp. Depositions taken: 25 Aug. 1903. DEPOSITION: LOGAN SMITH. /s/ Logan Smith DEPOSITION: NATHAN BURRIS. I am 50 years old. . . . Jim Brewington. . . his brother, Bill Brewington . . . /s/ N. K. Burroghs DEPOSITION: M. G. BULLINGTON. Aged 58. . . . Mounce Bullington (me). G. W. Scarlet--his father, John Scarlet . . . M. G. Bullington (his mark) DEPOSITION: NATHAN BURRIS, RECALLED. /s/ N. H. Burroughs DEPOSITION: JAMES SMITH. I am about 50 years old. France Haney is a brother-in-law of mine. France Haney's wife is my sister. [About the 1st of April 1902] I think that is about the time John Davidson's wife was sick. She lingered about five weeks. So about the first of April I was at home taking care of my children while my wife was at Davidson's, waiting on his wife. She was my daughter and her stepdaughter. He believes Scartlet was hired to lie about seeing him with Mrs. Brewington. - bp. /s/ James Smith DEPOSITION: FRANCE HANEY. I am about 45 years old and I live in the 10th District--Jackson County. I am a brother-in-law of Jim Smith. France Haney (his mark) DEPOSITION: TOBE DENSON. 53 years old. Quest. Did he [George Scarlet] tell you why he was going to Texas, if so, what did he say? Ans. He said he was accused of swearing false in this case and that he had a brother-in-law out there and his wife was dead and he was going there for his wife to take care of his children. He said his brother-in-law had written for him to come. I have known him [George Scarlet] all his life except when I lived at Granville. I never saw him while I lived down there--seven years. I moved back from Granville four years ago. Tobe Denson (his mark) DEPOSITION: WILLIAM HENSLEY. I am 54 years old next January. Depositions taken: 27 Aug. 1903. DEPOSITION: WILLIAM HENSLEY, continued. /s/ Wm. Hensley DEPOSITION: RUBE JOHNSON. I am 66 years old. I live in the 10th District of this county, two miles from Mrs. Brewington. Me and him [James Brewington] had a conversation after he came back from Texas . . . He said he saw a fine country out there but he didn't find a location that suited him . . . I am personally acquainted with Mounce Bullington, have known him from his childhood and up. Quest. Who have you heard say that G. W. Scarlett was a neighborhood liar? Ans. I heard his grandfather, Henry Jackson, his uncle, Bud Jackson and Bud Jackson's wife, Mary Jackson, and C. C. Johnson, my son . . . /s/ R. E. Johnson Depositions taken: 1 Sept. 1903. DEPOSITION: ELI JACKSON. I know Geo. W. Scarlett; I have known him ever since he was born. Quest. Are you or not related to George Scarlet, if so, what is the relationship? Ans. I am some relation to him. I am his mother's half uncle. E. P. Jackson (his mark) DEPOSITION: NATHAN ROBERTS. I am going on 60 years old. I have held the office of Sheriff of Jackson Co. . . . Will Brooks; he is dead. /s/ N. A. Roberts DEPOSITION: HARVEY WISER. /s/ Harvey Wiser DEPOSITION: H. P. ALLEN. I have been acquainted with him [G. W. Scarlet] all my life. I am acquainted with her [Mrs. P. Brewington] and have known her all our lives. /s/ H. P. Allen DEPOSITION: BILL THOMAS. I am 45 years old. Quest. Is it not a part of J. K. P. Brewington's character that he kept Liza Vickerson, a lewd woman, in the house with his family some time before they parted? Ans. Yes, Sir, I think he did. W. T. Thomas (his mark) DEPOSITION: WADE HOPKINS. I have known him [G. W. Scarlet] since he was a child. W. H. Hopkins (his mark) DEPOSITION: J. D. BREWINGTON. Me and old man Jim [Brewington] are cousins. J. D. Brewington (his mark) DEPOSITION: TILLMAN PIPPIN. Tilman Pippin (his mark) DEPOSITION: HOWARD RAGLAND. J. H. Ragland (his mark0 DEPOSITION: S. A. MEDLEY. S. A. Medley (his mark) DEPOSITION: G. W. DYER. I have known him [G. W. Scarlet] ever since he was a boy. G. W. Dyer (his mark) Depositions taken: 2 Sept. 1903. DEPOSITION: HENDERSON PIPPIN. I have known him [G. W. Scarlet] ever since I have known anybody. Henderson Pippin (his mark) DEPOSITION: J. P. ALLEN. Age 60 years. I have known him [G. W. Scarlet] from a child. J. P. Allen (his mark) DEPOSITION: W. T. ROBINSON. We [he and G. T. Scarlet] were boys together. . . . my mother-in-law, Sarah Dyer . . . /s/ W. T. Robinson DEPOSITION: SHERG MARTIN. /s/ C. J. Martin DEPOSITION: W. H. NEWMAN. /s/ W. H. Newman DEPOSITION: JAMES GOOLSBY. Age about 59 years. I have known him [G. W. Scarlet] all his life. I have known her [Mrs. P. Brewington] all her life. . . . Mattie Clinton that's dead . . . old aunt Dice Julian that is dead and gone now . . . James Goolsby (his mark) DEPOSITION: MRS. MATILDA GOOLSBY. I have known him [G. W. Scarlet] ever since he was born, I reckon. I have known her [Mrs. P. Brewington] ever since she was born. Matilda Goolsby (her mark) Depositions taken:1 Oct. 1903. DEPOSITION: HOWARD RAGLAND. Am 36 years old. . . . Mr. Flatt, Bill's [Brewington's] father-in-law . . . J. H. Ragland (his mark) DEPOSITION: J. P. HAMILTON. J. P. Hamilton (his mark) DEPOSITION: WM. PIPPIN. I was running the mill [the Lower Brewington Mill] at the time it was burned. It was burned on the night of the 15th of May, I think. /s/ Wm. Pippin Note: Mrs. Brewington's attorney accuses Mr. Brewington, over and over, of burning the mill, or causing it to be burned. -bp. Depositions taken: 8 Sept. 1903. DEPOSITION: T. R. VICKERS. I am 35 years old. I have known her [Penelope Brewington] ever since I was a boy. T. R. Vickers (his mark) DEPOSITION: LARKIN JOHNSON. I am 63 years old. I have known her [Penelope Brewington] all her life. L. Johnson (his mark) DEPOSITION: JOHN PRESLEY. I am 28 years old. /s/ John L. Presley DEPOSITION: JAMES J. FUQUA. Quest. How much did you pay him [James K. P. Brewington] for the land you bought of him? Ans. I paid him $2000.00 I suppose I bought his place in 1900. I believe it was in August. . . . my brother Monroe . . . /s/ J. J. Fuquay -------------------------------------------------------------------------------- NEW: BREWINGTON, W. C. ET. AL. VS. GORE, M. L. ET. AL. CIRCUIT, 1897. Deposition taken: 5 March 1898. DEPOSITION: JOHN J. MC COIN. My age is 71 years. Farmer. Residence 13th District, Jackson Co. TN. . . . my boys (J--- and Wade). /s/ John J. McCoin This case is about a business settlement. -bp. -------------------------------------------------------------------------------- NEW: BROGDEN, E. W. ADMR. VS BRANT, S. M. ET. AL. CHANCERY, 1915. DEED. 13 March 1912. For the consideration of $525 cash in hand paid, the receipt of which is hereby acknowledged, we, V. E. Bockman and wife A. G. Bockman, do hereby transfer and convey unto Mrs. J. S. Brodgen, her heirs and assigns forever, the following undivided interest in the property hereinafter mentioned. Clay Goolsby, Lee Goolsby, Maggie Vaughn, wife of Dock Vaughn, and Thurman Goolsby's being 4/6 interest in said property together with the homestead and dower interest of Cordelia Bradford, who was the widow of Frank Goolsby, now deceased. Said land is situated and described as follows: Being in the 12th Civil District of Jackson Co. TN, bound on the North by Ellison Goolsby and Ben Julian, on the West by Wade Goolsby, on the East by Ben Green and Bud Bowen, on the South by Bowen and Gentry, and containing by estimation 100 acres . . . Being the lands formerly owned by Frank Goolsby, now deceased . . . E. W. BROGDEN, A RESIDENT OF PUTNAM CO. TN AGAINST S. M. BRYANT, A RESIDENT OF PUTNAM CO. TN & W. R. S. GENTRY, ALSO A RESIDENT OF PUTNAM CO. TN. . . . on the 12th day of July 1915, Darthuly Brogden died, intestate, in Putnam Co. TN . . .E. W. Brogden, her oldest son, was appointed Administrator . . . The notes on the land in the previous deed, sold by Mrs. J. S. Brogden to S. M. Bryant, were never paid. S. M. Bryant sold this land to Roscoe Nichols, who sold it to W. R. S. Gentry. -bp. AGREEMENT. 10 Feb. 1917. E. W. Brogden is dead. A. L. Brogden replaces him as Administrator. An agreement was reached between the complainant and the defendant. -bp. -------------------------------------------------------------------------------- NEW: BROOKS, J. T. VS. BROOKS, MARY. CIRCUIT, 1895. Deposition taken: 28 Oct. 1895. DEPOSITION: JULIA ROBERTS. Aged 44 years. She [Mary Brooks] told me she was going to her children while she had something to go with. She said she would rather have her throat cut than to have him. . . . it has been over two years [since she left]. I was about his house some and they had plenty and he provided as well as any cowmen lives. /s/ Julia A. Roberts THE BILL OF COMPLAINT of J. T. Brooks of Jackson Co. TN against Mary Brooks of Smith Co. TN. 25 Sept. 1895. . . . on the 11th day of Nov. 1890, or about that time, your petitioner and Mary Brooks, the defendant, was married in Jackson Co. TN and lived together as husband and wife about four months, when she seemed to become dissatisfied and said she was going to go and live with her children, who were then living in South Pittsburgh TN, and your orator then told her he would send for them. She then began to cry and said her daughter could not come and I told her if she would stay I would take care of her as I had promised to do. Afterwards she seemed to be poutish and refused to talk to plaintiff and then willfully and maliciously abandoned your orator . . . she has never returned or made any request to come back. /s/ J. T. Brooks -------------------------------------------------------------------------------- NEW: BROOKS, L. L. VS. BROOKS, J. T. CIRCUIT, 1896. THE BILL OF COMPLAINT OF L. L. BROOKS AGAINST JOHN T. BROOKS, both of Jackson Co. TN. 16 Sept. 1896. . . . she and the defendant were married in Macon Co. TN on the 5 day of Jan. 1896. Defendant is a man of some means, being the owner of the property described below, and is able physically to work and make her a comfortable living and support, but instead of providing for her a reasonable subsistence, he has failed to provide her with meat and bread. When defendant carried complaint to his home in the 5th District of Jackson Co. TN immediately after she married him, he had one shoulder of meat which only lasted the family a short while, there being two children with him from a former marriage. After this gave out he only furnished about ten pounds of bacon and she has been forced to live upon boiled corn, a little bread, and molasses and milk. When complainant would ask him to do better in this line, he would say he just could not keep her and refused to provide her better. He also refused to provide her with reasonable wearing apparel--he has never furnished her with anything whatever, allowing her to go barefooted in the dead of winter, which greatly impaired her health. She has had only one pair of shoes since her marriage, and that was given to her by her mother. Complainant is now pregnant as a result of said marriage and is expecting to be confined in a short while. Defendant is the owner of the following property, to wit, one tract of land lying in the 5th Civil District of Jackson Co. TN, bounded on the North by the lands of Phillips, on the East by Cumberland River, on the south by Roberts, on the west by Duke, which contains about 72 acres. She asks for divorce, and that his property be settled on her. -bp. -------------------------------------------------------------------------------- NEW: BROOKS, LUD VS. BROOKS, MARGARET. CHANCERY, 1883. MAGGIE BROOKS (COL.) VS. LUD BROOKS (COL), BOTH OF JACKSON CO. TN. 26 Feb. 1900. . . . she and defendant were married on the [blank] day of [blank] 1884 in Jackson Co. TN and they lived together but not happily until Aug. 1898 when defendant's conduct became intolerable and complainant was forced to withdraw from defendant. Complainant charges that on Aug. [blank] 1898 at their home near Brook's ferry in Jackson Co. TN defendant whipped complainant with a stick . . . Complainant charges that she and defendant have the following named children, the issue of said marriage, to wit, Richard Brooks, Persie Brooks and J. B. Brooks, Mamie Brooks and Amie Brooks. Amie Brooks, J. B. Brooks and Mamie Brooks are minors under the age of 21 years (12, 10 and 8 years of age). She asks for divorce, alimony and support of the minor children. -bp. Mag Brooks (her mark) PETITION. 19 May 1877. Personally appeared before me, N. B. Young, an acting Justice of the Peace of said county and state [Jackson Co. TN] Margaret Mercer, colored, and made oath on due form that she is a single woman, that she is a citizen of Jackson Co. and that on or about the 18th day of Oct. 1876 she was delivered of a boy child and affiant further made oath that Lud Brooks is the father of said child and that said child is likely to become a charge on the county and therefore she prays that a warrant issue against the said Lud Brooks and that he be dealt with as the law directs. Margritt Mercer, col. (her mark) COMPROMISE. 1 March 1900. Lud Brooks agrees to give, pay and deliver to said Maggie Brooks $17.50 in cash, three sides of bacon, two bacon hams, one half of the lard on his place, one clock, two bushels of corn [as full payment of alimony]. Maggie Brooks here agrees to take the care and custody of the two children Clifton and Jeff B. and the said Lud Brooks agrees to take the care and custody of the two remaining children, Pearsie and Mamie and he further agrees to aid and assist Maggie Brooks in maintaining and caring for Clifton and Jeff B. during their minority. The Real Estate will remain with him and go to his children at his death. -bp. THE BILL OF COMPLAINT OF LUD BROOKS (COL.) AGAINST MARGARETT, ALIAS MAG, BROOKS (COL.), BOTH OF JACKSON CO. TN. . . . she abandoned the home of complainant and her children and without the consent of complainant went to Gainesboro and hired out. The evening before she left the house of complainant she became enraged because complainant had lectured her about her associations and unbecoming conduct with one Jim Reeves, colored, with whom she is intimate. He says she has been physically threatening to him. He says he believes she has committed adultery with Jim Reeves and with other negro men. -bp. Complainant charges that the defendant has given birth to two children, who are now living, since their marriage, that one of the children, Richard, is the child of complainant and that the other is not his but was begotten by some negro Buck in adultery. He asks for divorce. -bp. Lud Brooks (his mark) -------------------------------------------------------------------------------- NEW: BROOKS, R. P. ET. ALS. VS. MC CLELLAND, SAMPSON, ET. AL. CHANCERY, 1878. FEB. RULES 1877. The death of Sampson McClellan, having been heretofore suggested and admitted, on motion of his solicitor it is ordered that this suit be revived in the name of Thomas Fisher, admr. of said Sampson McClellan. This is a land dispute. There is nothing more of genealogical significance. -bp. -------------------------------------------------------------------------------- NEW: BROOKS, R. P., ADMR. OF BROOKS, H. R. CHANCERY, 1880. REPORT. 31 Aug. 1880. I, Richard P. Brooks, administrator of H. R. Brooks, deceased, pursuant to the order of the Clerk of the County Court of Jackson Co. report that the deceased, H. R. Brooks, owned at his death one undivided interest that descended to him in the landed estate of his deceased father, John W. Brooks. -------------------------------------------------------------------------------- NEW: BROOKS, R. P. ET.AL. VS. CHAFFIN, B. F. ET. AL. CHANCERY, 1876. Deposition taken: 10 Aug. 1878. DEPOSITION: RICHARD P. BROOKS. Aged about 73 years. /s/ R. P. Brooks Deposition taken: 12 Aug. 1878. DEPOSITION: N. H. CHAFFIN. /s/ N. H. Chaffin Depositions taken: 17 Aug. 1878. DEPOSITION: JAMES H. ANDERSON. Aged about 36 years. /s/ J. H. Anderson DEPOSITION: NORRELL H. CHAFFIN. /s/ N. H. Chaffin Deposition: 19 Aug. 1878. DEPOSITION: RICHARD P. BROOKS (re-examined). /s/ R. P. Brooks W. R. CHAFFIN, JOHN H. CHAFFIN & B.B. FOX, ADMRS., ETC. OF B. F. CHAFFIN, DEC'D. VS. R. V. BROOKS, EXECUTOR, ETC. OF R. P. BROOKS, DEC'D. AND OTHERS. All parties decided to dismiss this suit, which was about accounts of the deceased. ORDER. In this cause the death of defendant B. F. Chaffin, having been heretofore suggested and admitted and this cause revived against his personal representatives, and it appearing to the Court that J. H. Chaffin, W. R. Chaffin & B. B. Fox and his wife Malinda Fox, John Petty and his wife A. C. Petty and Jno [?] Billingsley and his wife Martha R. Billingsley are the only heirs at law of said deceased and that Polly Chaffin is widow and relict of said deceased, all of whom in open court agree that this cause may be revived against them as such, and it appearing to the Court that this is a proper cause for such action, it is ordered by the Court that this cause be revived against said heirs at law of said deceased and also against said widow. -------------------------------------------------------------------------------- NEW: BROOKS, R. P. VS. CRABTREE, HIRAM ET. ALS. CHANCERY, 1869. This case is about debts. There is nothing specifically genealogical in it. -bp. -------------------------------------------------------------------------------- NEW: BROOKS, RICHARD P. VS. JONES, W. E. ET. AL. CHANCERY, 1867. ORDER. Oct. term 1874. . . . the said Jenkins [George Jenkins] has died since the commencement of this cause . . . BILL OF REVIEW. DECREE. . . . R. P. Brooks and George Jenkins filed their bill on the 18th day of May 1867 . . . . . . the cause of R. P. Brooks and George Jenkins being revised in the name of the children and heirs at law of George Jenkins who has died since the commencement of this suit and being suggested and proven at [unreadable] said cause revived in the name of his heirs (to wit) S. E. Jenkins, John B. Jenkins and G. W. Barns and wife M. J. Barns against William E. Jones . . . THE BILL OF COMPLAINT OF RICHARD P. BROOKS & GEORGE JENKINS AGAINST WILLIAM E. JONES & HIRAM CRABTREE, all of Jackson Co. TN. 9 May 1867. Your orator shows that on the 3rd day of Nov. 1859 he sold to William E. Jones a tract of land lying [in] the County of Jackson & State of TN in Civil District No. 11 on the head waters of Beverly's branch bounded as follows . . . the southwest corner of a 100 acre tract granted by the State of TN to Sampson Williams by Grant No. 2002 . . . west boundary line of land formerly owned by Job Meadows . . . south boundary of a tract granted in the name of James Draper . . . east boundary of the land belonging to the heirs of Andrew McClellan purchased of James Draper . . . containing 100 acres more or less for the consideration of $1200. For a part of said consideration said William E. Jones, on the 3rd day of Nov. 1859 executed to your orator two promissory notes . . both of said notes were assigned by complainant to George Jenkins . . . and the last mentioned note was assigned to Hiram Crabtree. These notes were never paid. -bp. REPORT OF SALE. 7 Dec. 1874. . . . the tract of land in the pleadings and Decree mentioned, being the same whereon the defendant Wm. E. Jones has lived for the last several years, situated on the South Side of Cumberland River in Civil District No. 11 of Jackson Co. TN and bounded by the land of Wm. Agee on the West, South by the lands of J. P. Murray and W. H. Botts, North and East by the lands of Dudley B. Haile and others, containing by estimation 100 acres more or less, when Richard P. Brooks became the purchaser . . . at the price of $670 . . . -------------------------------------------------------------------------------- NEW: BROOKS, R. P. ET. ALS VS. MC CARVER, L. H. ET. ALS. CHANCERY, 1879. THE BILL OF COMPLAINT of Richard P. Brooks & Robert A. Cox, citizens of Jackson Co. TN against Logan H. McCarver, Jane Hufhines [Huffines] and her two sons William Hufhines and Doc Hofhines, Samuel Carver, Jr., Logan Cornwell, F. M. Price and his wife Mary Price, Thomas M. Carver, Cornelius Carver, Joseph Carver, Elisabeth Carver, Alxr. Cassitty and his wife Sarah Cassitty, M. G. Butler trustee, M. G. Butler in his own right, J. M. Morgan, Admr. of A. W. Dewitt, deceased, John M. Burris, J. P. Murray, Alxr. Nevill, W. W. Draper, W. S. Johnson, Wm. L. Stubblefield, Joel Forkum, Wm. B. Roddy, Z. Van Hooser, Emma J. Stone, Admrx of Joel S. Stone, Fannie Price, a minor without guardian and John J. Price, a minor without guardian, defendants, all of Jackson Co. TN except John J. Price and Emma J. Stone, who reside in the State of Kentucky and Z. Van Hooser and Samuel Carver who reside in Clay Co. TN. 5 April 1879. Respectfully complaining, your orators will state and charge that several years past James H. Carver died in Jackson Co. TN seized and possessed of considerable landed estate lying on Wartrace Creek, North Side of Cumberland River in Jackson Co. TN. He left defendant Elisabeth Carver his widow and Thomas M. Carver, Cornelius Carver, Mary Carver since intermarried with F. M. Price, Sarah Carver since intermarried with Alxr. Cassity and Joseph Carver his only children and heirs at law. Cornelius Carver, Sr., father of James H., survived him and departed this life some years afterwards in Jackson Co. TN, leaving considerable estate. Said Cornelius Carver's heirs and legatees, including James H. Carver's widow and children, had considerable litigation in the Chancery Court of Jackson Co. over his estate in the suit of J. K. ?. Carver & others vs. Joseph Carver & others, in which cause Elisabeth Carver and her children filed a Cross Bill. Your orator Brooks represented them in said litigation as their solicitor at the stipulated fee of $100. Summary of the remainder of this Bill: He also claimed other fees related to this suit. A tract of land was sold by the James H. Carver heirs and bought by Brooks & Cox, to settle this debt. This land was then rented to F. M. Price, who was previously living on it. L. H. McCarver, Jane Hufhines [Huffines] and her two sons and Samuel Carver forcibly took possession of this land. F. M. Price went to Court to regain control. This suit was "erroneously decided in favor of defendants, which judgement F. M. Price prayed and obtained an appeal to the next term of the Circuit Court of Jackson Co., which is still pending and undetermined." -bp -------------------------------------------------------------------------------- NEW: BROOKS, R. P. GRDN. OF RICHARDSON, ISAAC. COUNTY, 1877. SETTLEMENT OF R. P. BROOKS, GUARDIAN OF MOLLIE RICHARDSON, MINOR AND HEIR OF LEN CORDWELL, DEC'D. 26 May 1876. Amount received of George and Silas Cordwell, administrators of Len Cordwell, deceased: $505.50. RECEIPT. 1 Sept. 1875. Received of R. P. Brooks, Guardian of my daughter Mollie, the sum of $100 to pay her tuition and board at Neopigene [?] College at Galatin TN. /s/ S. G. Ritcherson SETTLEMENT OF R. P. BROOKS, GUARDIAN TO ISAAC W. RICHARDSON, MINOR HEIR OF LEN CORDWELL, DEC'D. 1st Mon. in May 1876. -------------------------------------------------------------------------------- NEW: BROOKS, R. P. ET. ALS. VS. SLOAN, CHRISTANA ET. ALS. CHANCERY, 1879. THE JOINT AND SEPARATE ANSWER OF CHRISTIANA SLOAN, ANGELINE SLOAN, SALLIE SLOAN & JAMES SHOEMAKE TO THE BILL OF COMPLAINT OF R. P. BROOKS AND R. A. COX. 27 Feb. 1880. . . . they admit and state that in the spring of 1857 Gabriel Sloan, the father of Angeline and Sallie Sloan and the husband of Christanie Sloan, purchased the land mentioned and described in complainant's bill from their codefendant Stephen Jinkins and the said Gabriel Sloan agreed to pay the sum of $130 for said land and the said Gabriel Sloan, a short time after the purchase, in the same year, paid to the said Stephen Jinkins the sum of $30 on said land . . . said Gabriel Sloan lived on said land from 1851 until 1872 or thereabouts . . . on the 16th day of Jan. 1851 the said Gabriel Sloan paid the said Stephen Jinkins the sum of $50 more on said land and on the same day and date the said Stephen Jinkins executed the said Gabriel Sloan title bond . . . R. P. Brooks, one of the complainants, who undertook and assumed to act of agent of the said Gabriel Sloan, took possession of said land in 1872, agreeing that he, the said Brooks, would rent the land and apply the rents and profits to the satisfaction of said $50 debt, which was then in the hands of Willis Cornwell . . . but instead of returning the possession of said land to the said Gabriel Sloan when said debt to Willis Cornwell was extinguished and paid off, the said Brooks fraudulently and falsely claimed the land as his own, well knowing that the same belonged to the said Gabriel Sloan. . . . at the time the said R. P. Brooks took possession of said land aforesaid, the min