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NOTICE TO APPEAR: 12 December 1868, Larkin Ferrell & wife Agnes Ferrell, George H. Morgan and Wm H. Denton, Administrators of Erasmus Denton, deceased, James W. Draper and Wm W. McCue, Administrators debonis non of Abraham Denton, deceased, and Thomas H. Butler and George H. Morgan, Solicitor.
ANSWER: Susan Denton, John H. Denton, William H. Denton, Sallie E. Denton, William Gore and wife Mary E. Gore and George H. Morgan and William H. Denton, Administrators of Erasmus Denton, deceased and Susan L. Denton and Alfred B. Denton, the last two minors, to Bill of Complaint of Larkin Ferrill and wife Agnes Ferrill.
Abraham Denton died about July 1859 intestate, seized and possessed of considerable real and personal estate. Negroes divided by agreement of heirs. W. H. Denton appointed guardian of minors. Susan Denton is the widow of Erasmus Denton, deceased. Erasmus Denton was Administrator of his father Abraham Denton, deceased.
All heirs of Abraham Denton were to be made equal. At the residence of said A. Denton, deceased about 29 November 1859, all had received equal shares except Peggy Denton, and she was then made equal, and what she got did not go to the hands of Erasmus as Administrator, but was handed over to her.
Susan Denton, widow of Erasmus states that when they were married in 1833, A. Denton gave them a cow and calf, two or three sheep, a chair or two and some provisions.
CROSS-BILL OF COMPLAINT: Susan Denton, John H. Denton, William H. Denton, Sallie E. Denton, William Gore and his wife Mary E. Gore and George H. Morgan and William H. Denton, Administrators of Erasmus Denton against
Agness Ferrell, Peggy Denton, Miles F. West and wife Polly West, Alfred Denton, Sr., Susan L. Denton and Alfred B. Denton, the last two minors and James W. Draper and W. W. McCue, admr debonis non of A. Denton, deceased.
Abraham Denton died seized and possessed of real estate where he resided at death, more fully described in deed from Wm Ross to Abraham Denton. Land is not suitable to partition among heirs. Ask guardian ad litem be appointed for minors Susan L. Denton and Alfred B. Denton, their general guardian being a Complainant. 2 February 1869. [All signed]: W. H. Denton, J. H. Denton, S. E. Denton, Susan Denton, M. E. Gore
AFFIDAVIT: Draper & McCue, Admrs of estate of Abraham Denton, deceased, have a note made by Sam Thomas to their intestate for $793.62. Most has been paid. Sam Thomas, if living, is an old man... ability to pay is at best very doubtful. Informed by P. H. Leslie, now a resident of Barren Co., Ky, and who once had the note for collection, that said Thomas lives somewhere in this state between Albany and Knoxville. 29 July 1869.
CLERK & MASTER'S REPORT: 14 October 1871, no sale of 25 acre tract for want of bidders.
NOTICE TO APPEAR: 17 April 1871, Larkin Ferrell, Reubin West, Cynthia White, Pegga Denton, Geo H. Morgan, Alfred Denton Sr. and William H. Denton to give testimony.
SETTLEMENT: S. W. Cassetty, Admr of Abraham Denton, deceased, first Monday in February 1866. Lists inventory of notes due estate. Earliest being due 10 May 1815 by Henry West, $6.00. Latest due 25 November 1860 by James Hibits for $144.50. Total about $4500.
DEPOSITIONS 13 February 1869:
Denton Moore age 71. Acquainted with land where Abraham Denton died, surveyed same, worth $3000 and 25 acre tract worth $50. s/s Denton Moore
Holland Denton, Esq. [No age]. Land not suitable to partition. s/s H. Denton
BILL OF COMPLAINT: Larkin Ferrell and wife Agness Ferrell against Cynthia White formerly Cyntha Denton, Polly West formerly Polly Denton and Miles West, Peggy Denton, Alfred Denton, J. H. Denton, William Gore and wife Mary Gore formerly Mary Denton, Sally Denton, William H. Denton, Susan Denton Jr., Alfred Denton Jr., Susan Denton, George H. Morgan and W. H. Denton, Administrators of Erasmus Denton, James W. Draper and William W. McCue Admr of Abraham Denton, deceased, all of Jackson Co. except Polly West and Miles West of Macon Co., Tennessee.
About 1858 or 1859 Abraham Denton departed life in Jackson Co. Only heirs:
Cynthia intermarried with Robert White, who is now dead.
Agness intermarried with complainant Larkin Ferrell
Polly intermarried with defendant Miles West
Peggy Denton
Alfred Denton and
Erasmus Denton, who died after Abraham Denton's slaves were divided among heirs. Erasmus Denton left the following named children:
J. H. Denton
Mary Denton inter married with William Gore
Sally Denton
W. H. Denton
Susan L. Denton and
Alfred Denton, the last two minors.
Susan Denton is the widow of Erasmus Denton.
The heirs of Abraham Denton selected John Hughes and William Young and some other person to evaluate and divide Negroes:
Bill - $800, and his wife ?Jan - $600, and Alf - $250, all to Peggy Denton.
Noah - $1200, to defendants West and wife.
Lucy - $1000, and William - $600 to Cynthia White.
Aggy - $1200, to Complainants Larkin and Agnes Ferrell.
Negro Mid [or ?Mit] - $900, and Margaret - $800, to Erasmus Denton.
Negro An - $1150, to Alfred Denton.
SETTLEMENT: A. Denton, deceased, 1st Monday in August 1871 [Included several notes deemed uncollectable, listed below as some gave genealogical information. Date shown is Due Date - mlj].
Milton Draper 12 March 1857, $42.53. Insolvent. Fled the country.
E. R. Hancock, 15 March 1847, $109.69. Insolvent & worthless, Hancock dead.
James Hibits, 25 Nov 1860, $287.70. Insolvent & worthless.
Elizar Smith, 1 May 1843 $32.34; 1 June 1842 $18.55; 9 Apr 1846 $9.85. All Insolvent and worthless.
Henry Crowder, 13 Aug 1851, $11.00. Insolvent & worthless.
Samuel Thomas 7 Dec 1857, $1439.49. Insolvent & worthless.
John F. Griffith, 24 Feb 1840, $84.00. Insolvent & worthless & Griffith fled country.
?Henry West 10 May 1855, $11.84. Insolvent & worthless & gone to parts unknown.
Abraham Smith, 1 Oct 1837, $16.39. Insolvent & worthless, Smith dead.
John Welch, 20 Oct 1829, $189.27. Insolvent & worthless, left the country.
James Carlisle, 9 May 1822, $54.30. Insolvent & worthless & dead.
George Hensley & John White, payable to David Griffith. 19 October 1829. Insolvent & worthless and Griffith dead.
G. W. Grundy & William Hawkins, 28 Aug 1838, $668.42, out of date.
Erwin West, 1 Aug 1837. $61. Out of date & worthless and West dead.
B. B. Kendall & J. [or T.] W. Butler, 7 Oct 1842, $172.44. Insolvent & worthless.
Jeremiah Denton [No date]. $15. Insolvent & worthless & left country.
John A. Hall & Wm A. Hale, 1 Apr 1836, $81.12. Insolvent & worthless.
Erwin West, 17 Apr 1836, $87.44. Insolvent & worthless.
M. G. Moore, 26 July 1842, $137. Insolvent & worthless.
D. R. Holiburton [No date], $41.36. Not collected, insolvent & worthless.
Joseph Eaton [No date]. Judgment $81.65.
SALE OF LAND: 5 July 1869. Cynthia White and Margaret Denton purchased 1/6 share of A. Denton land, being that of the heirs of Erasmus Denton, deceased. They are owners as heirs of 1/6 share each. Cynthia White and Margaret Denton have heretofore purchased the 1/6 shares of Larkin Ferrel & wife, Miles West and wife and Alfred Denton. Land north side of Cumberland River.
DEPOSITION 26 July 1869:
Cynthia White. My sister Peggy Denton was single at the death of her father Abraham. My self and sister Peggy have had possession of farm since 1st Jany 1860. Dated 26 July 1869. s/s Cynthia White [Note: May have been signed by attorney for her - mlj].
Miles West, age 50. About December 1862, Mrs. Cynthia White purchased Alfred Denton's interest in land for $500. s/s Miles F. West
Margarette Denton. A short time after Erasmus Denton was appointed Administrator of my father's estate, Mr. Alvin Beasley paid me some $100 in gold and $6 interest on it, and James Yeaman $100 and $6 interest [in paper money] which they had borrowed from my father. My father also had on him at his death $30 or $40 paper money on the Central Bank of Tennessee, then a broken bank. He said it was probably worthless. My sister Cynthia received about $20 of Micajah Duke. All was handed to Erasmus Denton. [Note: May have been signed for her by attorney - mlj]. Margarette Denton
LAST WILL & TESTAMENT OF SYNTHIA WHITE
It is my will that I be buried near my Father on the farm of Larkin Ferrell, deceased. Further that all my debts be paid...
I bequeath to my sister Margaret Denton all land, notes, judgments and money of which I may die possessed. 20 April 1882. s/s Synthia [her X mark] White
Wit [signed]: T. S. Birdwell, W. B. Lee
FINAL SETTLEMENT 14 August 1917: S. M. Ferrell as Guardian of Geo R. Ferrell (who recently died).
Last settlement made 28 March 1916, recorded Guardian Settlement Book ?8, page 508. Some expenses include:
30 November 1916, paid to Jere Whitten, burial expenses of ward, $54.92.
30 November 1916, paid to W. W. Judd, Express Agent at Double Springs, express charges on remains of ward, $5.12.
9 February 1917, paid to B. C. Jones, Chairman of County Court for keeping ward at Central Hospital for the Insane at Nashville, Tennessee, $12.40.
Paid to Frank Ferrell, for clothing bought for ward at the time he was sent to Asylum, and expenses, paid about August 1915, $10.00.
PLAT MAP: Land of W. D. Ferrell, deceased, showing homestead & dower to widow Mary Ferrell. Located on Spring Branch, near Spring fork Church House... corner agreed upon by W. D. Ferrell and W. N. Chaffin. 30 August 1907.
NOTICE: 8 August 1907 to Mr. S. M. Ferrell, Lafayett Ferrell, J. C. Ferrell, F. C. Ferrell. I will on 20 August 1907 apply to have homestead and dower laid off... you may attend if you choose. s/s Mary Ferrell
BILL OF COMPLAINT: S. M. Ferrell of Macon Co., Tennessee and Lafayett Ferrell and J. C. Ferrell of Jackson Co. against George Ferrell of Jackson Co.
W. D. Ferrell died intestate in Jackson Co. 2 February 1907. Widow Mary Ferrell. Complainants and defendants and Frank Ferrell are his only children. Land in the 5th District, bounded north by lands of William Vittoe, south by John Hargis, east by Vittoe, west by T. J. Lee, 200 acres. Widow Mary Ferrell is entitled to dower and homestead. Children entitled to 1/5 interest each are: S. M. Ferrell a son, Lafayett Ferrell a son, George Ferrell a son, J. C. Ferrell a son entitled to 1/5 as heir and 1/5 by purchase of interest of Frank Ferrell. Frank Ferrell therefore is not a party to this suit.
Defendant George Ferrell is a lunatic. Land is not suitable to partition.
BILL OF COMPLAINT: Mary Ferrell by next friend J. C. Ferrell against L. A. Fuquay. Complainant J. C. Ferrell will show that Mary Ferrell who is his mother is about age 73... last 8 - 10 years her mind has become weak... now of unsound mind. Homestead and dower was allotted her from land of W. D. Ferrell, deceased bounded north by heirs of W. D. Ferrell, east by land of Will Vetto, south by John Hargis.
Asks guardian be appointed for Mary Ferrell. She was persuaded to sign a deed to defendant L. A. Fuquay dated 9 January 1908, recorded Book L pages 398-399... life estate for pitably [sic] sum of $100. Alleges fraud, states deed is confusing and contradictory. Complainant is informed that Sid and Fate Ferrell, two sons of Mary Ferrell, were instrumental in procuring said Mary Ferrell to make deed to Fuquay, who would not buy their shares without her life estate.
DEPOSITION: Henderson Apple states has known Mary Ferrell 30 years. She is 73 or 74. Mind is not good, has been impaired some 6 - 7 years. Her and her husband separated some 6 or 7 years ago, and I talked to her afterward and that was the first I noticed. She recently made a trade... homestead and dower... to her detriment. She and I are own cousins. I have no interest in her estate. s/s Henderson Apple
DEPOSITION: J. B. McDonald. Known Mary Ferrell all my life and I am 35 years old. Last five years lived within one-half mile. She would come to our house and stay 2 - 3 days at a time... mind not sufficient. A short time before she sold her homestead she and her brother came over to my house to talk with me and stayed all day. I advised her not to sell her homestead and she said she wouldn't. If she should die intestate her children would inherit, to wit Sid Ferrell, Fate Ferrell, George Ferrell, Seph Ferrell and Frank Ferrell. s/s J. B. McDonald
DEPOSITION: Mary Ferrell. Will be 73 the 4th of August. Have no one to stay with me, no place to go. Didn't know the clause requiring me to pay $300 rent was in the deed. Mary [her X mark] Ferrell
CLERK & MASTER'S REPORT: W. D. Ferrell died intestate 2 July 1907, owned land 7th District, Spring fork of Martin's Creek... Jubal Anderson Spring Branch... William Anderson tract... T. J. Lee's line (the original east boundary line of Charles Carter, also Jubal Anderson's corner)... Kirkpatrick tract... east with the Milton Kirkpatrick tract... boundary line of Vitetoe tract... 200 acres. Homestead of 34 acres & 64 rods, and dower 40 1/4 acres has been laid off to the widow of said W. D. Ferrell, who survives him.
W. D. Ferrell left surviving him five sons to wit: S. M. Ferrell, Lafayett Ferrell, George Ferrell, J. C. Ferrell & F. C. Ferrell. F. C. Ferrell sold his interest to J. C. Ferrell.
GUARDIAN'S SETTLEMENT: S. M. Ferrell, guardian of George R. Ferrell. 25 July 1913, paid for staying in asylum 4/7/1913. $37 [or $39].
WITNESS: S. M. Ferrell, age 47, live Macon Co. near Willet [Willette], occupation farmer. George Ferrell... but little mind... lunatic. Widow Mary Ferrell is 72 [Unsigned].
WITNESS: N. H. Chaffin, age 50, live Martin's Creek, Jackson Co., occupation farmer. Was one of the commissioners who laid off dower & homestead. s/s N. H. Chaffin
WITNESS: W. N. Watts age 47, live near Granville, occupation farmer. Was one of the commissioners who laid off dower & homestead. s/s W. N. Watts
DECREE: Mary Ferrell is of unsound mind, incapable of managing her property. 14 March 1908. Jurors [all signed]: R. H. Dowell, N. B. Myers, G. R. Maddux, V. C. Wakefield, G. B. Stout, L. B. Smith, R. L. Hargis, J. T. Veteto, N. H. Chaffin, O. B. Brown, W. R. Watts, B. F. Cooper.
SETTLEMENT: 13 May 1912. One expense was $150 to J. C. Ferrell for taking care of Geo R. Ferrell.
BOND: Wade Ferrell, Principal and T. J. Lee, G. R. Maddux and James Hargis, Security, to Mary Ferrell for $3000 for release of attached property pending hearing of bill for divorce.
BILL OF COMPLAINT: Mary Ferrell against Wade Ferrell, Sydney & Sephus Ferrell. Married ["in Jackso" marked through] about 35 years ago. Lived as husband and wife since except a short interval about 18 months ago... she was forced to withdraw... abuse and cruelty... she consented to go back, was again forced to withdraw. Slapped, spit in her face, vile names... threatened to cut her throat. [Lists personal property]. Owns land in 5th District bounded north by J. P. Whitefield & Norrell Chaffin, west by T. J. Lee, south by Jno Hargis, east by Wm Vitetoe [Note: Later estate settlement states 7th Dist - mlj].
She is informed he has pretended to sell to his sons, defendants Sydney & Sephus Ferrell, personal property. Both are young men, unmarried... intended to defeat her rightful alimony. Asks bonds of matrimony be dissolved. 13 October 1894. Mary [X] Ferrell
ANSWER: J. F. Haile, guardian ad litem for minor Nannie J. Craig to Bill of Complaint of J. A. Montgomery, Executor of James Draper, deceased filed 27 March 1874. Cora E. Craig the mother of respondent's ward, is dead.
As to whether Complainant in his own right or as Executor of James Draper, deceased had any Lee tract of land near Flynn's Lick in Jackson Co. on which Complainant now resides, respondent cannot say. Cora E. Craig had a deed to said land. Respondent says James Draper in his will only claimed a 2/5 interest in said land, and complainant charges that he had a 3/5 interest. [blank] Oct 1875. s/s J. F. Haile
DEPOSITION: Isaac Flatt, age 64. Land I bought of J. P. Murray on Flynn's Creek composed of two 25 acre grants in the name of Drury Smith and an eight grant in the name of Elijah Simmons and portion of large survey of someone not known. 17 August 1876. Isaac [his X mark] Flatt
DEPOSITIONS 3 March 1876:
M. G. Butler age 26. Knew A. W. Dewitt in his lifetime. Was associated with him in practice of law 1871 to his death 17 Jany 1876. s/s Mounce G. Butler
R. A. Cox age 43. Am somewhat acquainted with the two 5,000 acre tracts described in Complainant's bill... were the property of James Draper. Esq. James Draper was my father in law. Case in Circuit Court, Jackson Co., Tennessee in 1866, James Draper was indebted to D. K. Fink... medical services, acknowledged in a judgment, $125. Fink levied on the two tracts 18 Jany 1867. One tract on the north side of Cumberland River, one on the south side. Tract on the north side was bid off for $120 by D. K. Fink. Not being enough to satisfy judgment and costs, order of sale was issued on the tract on the south side, bid off at $15.00 by said Fink on 15 June 1869. s/s R. A. Cox
DEPOSITIONS 8 July 1884:
Joel Forcum. Was Deputy Sheriff and Tax Collector off and on during the years 1861 - 1876. s/s Joel Forkum.
Wm Reed, lawful age. I lived on a portion of the land in dispute 1872 and 73. Rented a house on land from D. K. Fink. William [his X mark] Reed
My arm is now broken and I can't sign my name. I could heretofore. William [X] Reed
Lewis Gully [No age]. I have been living on the land as a renter under D. K. Fink since 1867, about five years. I live on a portion of the land between Mrs. Green's and Dave Clark, 4th District, north side of the Cumberland River. It is called the Harp Place. Understood it to be in the 5000 acre tract on the north side, [land entry] made by James Draper in his lifetime. Luis [his X mark] Gully
JOINT & SEPARATE ANSWERS: R. A. Cox, Andrew Schimahorn, J. A. Craighead, Marsh Spurlock, J. T. Spurlock, Wade Stafford, Lou Anderson, Babe Russell, S. L. Dycus, Clay Reeves, Smith Clark, J. H. Stafford, George Haile and M. F. Young to
Cross-Bill of Complaint of D. K. Fink.
Have cut no timber from land belonging to D. K. Fink. Where we were cutting timber was miles away. 7 December 1886.
RENT AGREEMENT: James Draper has leased to William Reed his place at the Hog Camp lying West of the Forkum land... near the head of the still house hollow... north to Wilson's Hog Camp tract to include 100 acres, to include the little house built by Thomas Daugherty and I the said Reed am to build a store house 20 x 18 feet, a stable and repair the house I live in or build another... free of rent for said improvements... period of two years. 20 Feby 1872. s/s James Draper, William Reed
DEPOSITIONS 4 September 1886:
J. W. Smallwood [No age]. I was Sheriff of Jackson Co. 15 June 1869. Recovered execution against D. K. Fink, about $155, in favor of W. H. Botts. Went to R. A. Cox's office down on the bluff at the house Ples Riley built where W. W. Draper now lives. Capt. Cox told me the debt to Fink was paid. I was Sheriff six years from 1st April 1868 to 1st September 1874.
Old man Draper had land on Doe Creek between N. P. Haile and where Achilles Hare now lives. Draper sold some land on north side of Cumberland River to I think Anderson Sneed; know his last name was Sneed. Draper sold land to Johnathan B. Wilson, believe it was after 15 June 1869. I think Draper continued to claim land up to his death in 1873. s/s J. W. Smallwood.
R. A. Cox [No age]. I settled Fink's debt to W. H. Botts in exchange for redeeming Draper land. s/s R. A. Cox
DEPOSITIONS: 6 July 1886:
W. M. Gailbreath, age 35. James Draper had a large family during the war, had several negroes. I was born and raised within one mile. In 1867 or 68, lived not more than two miles from him. Fink was their family physician.
Since the year 1860 until his death in 1873, he had a great deal of sickness in his family, both white and black. Draper and his family regarded Dr. Fink as the best physician in the country. The first serious spell of sickness was the old lady [Draper's wife]. In 1866 a cart turned over in which the old lady was riding and hurt her very bad... was confined. Mr. Draper's horse fell down with him near the old Hancock place, two miles this side of Gainesboro in 1868 and came very near killing him. s/s W. M. Gailbreath.
Andy Skimehorn age 33. Knew James Draper in his lifetime. D. K. Fink was his doctor. Andy [his X mark] Skimahorn
DEPOSITIONS 2 December 1886:
A. Clark, age 72. Knew James Draper. My son D. H. Clark bought some of his land, I think from Montgomery or Cox. I think it was from Bob Cox. It is about one mile west of the 5000 acre survey.
I have been tax assessor in the District several times... before the war, assessment was to the Harps, was more than 20 years ago. s/s Alexr Clark
A. J. Davenport age 58. Was born and raised on the waters of Wartrace Creek in Jackson Co., now live in the ridge between the waters of Wartrace and Jennings Creek, not a great distance from where I was raised. Understood James Draper had two grants - one in his own name and one in the name of Thomas L. Draper, which lies west of and adjoins James Draper.
I and William & Henry Sneed bought land from James Draper in the Thomas L. Draper grant. A. J. [his X mark] Davenport
Henry Sneed, age 66. I lived on the east fork of Wartrace Creek in Jackson Co. all my life. My brother is William Sneed. s/s Henry Sneed
AGREEMENT: James Draper and Henry Sneed, 22 Feby 1872... Land in Dist. 3, 20 acres. When Henry Sneed shall pay me $15, I am to make him a General Warranty Deed. s/s James Draper
DEPOSITION: Martin Witcher, age 79. Lived east fork of Wartrace, Jackson Co., since 1859. Martin R. [his X mark] Witcher
REPORT OF SALE: 13 May 1876, sold tract Dist. 11, Flynn's Creek... bounded by field in Judith Johnson's line... to Susannah McClenden's line to line known in 1853 as Parkers line, to a corner in the low gap near a negro cabbin [sic]... top of the ridge with what was Henry W. Kirby's line, now W. H. Botts' line... with Botts line to Cumberland River, then down the river to Judith Johnson's line, formerly Beverly Graves line - a division made between Beverly Graves and Joseph Birdwell, being 80 acres more or less. James A. Montgomery became the purchaser for $600. Executed notes, J. T. Anderson, security.
BILL OF COMPLAINT: David K. Fink against R. A. Cox, both of Jackson Co. R. A. Cox is cutting timber on my land in partnership with Thomas Meadows and John Howell.
ANSWER: George Bancroft Murray, guardian ad litem for Nannie Craig, James Draper, Varinda Draper, Thomas Draper, Elizabeth Draper and N. J. Cox, a feme covert, the others above named being minors who are heirs at law of James Draper, deceased.
Respondent states his wards are heirs at law of James Draper, deceased. Fink recovered judgment against James Draper in his lifetime. 29 October 1874. s/s G. B. Murray, Gdn
REPORT: It being suggested that Nannie J. Craig has intermarried with Amos J. Dudney since filing of bills in these cases. R. A. Cox, the Solicitor of Nannie J. Craig and her husband admitted in open court said marriage. Said Nannie as well as all other defendants have attained their majority, no necessity of guardian. [Date "1883" at bottom].
PROCESS SERVED: James W. Draper, Jr., Thomas Draper, Nannie Craig now Nannie Dudney and her husband A. J. Dudney who has been made Defendant in these causes, defendants M. L. Gore, Lafayett Washburn, J. A. Durham, Amos Williamson, Anderson Sneed, William Sneed, C. R. Ford and wife H. P. Ford, Matilda A. Kirkpatrick, James Fitzgerald, Joseph Fitzgerald and Richard Fitzgerald, Sallie Draper, Mary J. Anderson, Jas T. Anderson, Varinda Draper, John Fitzgerald, John Kirkpatrick, Martha Kirkpatrick, J. W. Smallwood and R. A. Cox, Benjamin Franklin and J. K. Williamson.
Judgment pro confesso be entered against all who failed to make defense.
[NOTE: This is not in a folder, but was in with the Fink, David vs et al. This may possibly be Sarah Finn and Edmond Finn whose divorce appears after the Fink, David cases on this reel - mlj]:
Whereas Sarah Fin received judgment of $12.40 against Edward Fin, Circuit Court of Jackson Co. 8 Novr 1855. Judgment executed 10 August 1858. Not being personal property of Edward Fin sufficient, sheriff levied on land in Jackson Co. on both sides of Blackburn's Fork on the Roaring River, 60 acres [metes and bounds description by marks on various trees]... land being granted to said Fin by the State of Tennessee, No. 1177, bearing date 10 February 1857. Sold 23 October 1858 to Thomas H. Butler and Peter G. Cox being high bidders for $14.00.
CLERK & MASTER REPORT: Death of James Draper suggested and proved, died at his residence on Flynn's Creek. Last Will & Testament proven by Joshua Haile, J. L. Hogg, D. K. Fink and L. C. Hall, sworn, state were well acquainted with James Draper, who dictated will to L. C. Hall, and Draper signed same. 3 March 1873. [All signed].
LAST WILL & TESTAMENT OF JAMES DRAPER
I, James Draper of Jackson County, Tennessee... sound mind...
1st Resign my spirit into the hands of God... plain coffin, no money be spent foolishly to dress my coffin or person.
2nd Executor to pay just Debts.
3rd My daughter Sarah Draper and my grand daughter Mary Jane Washburn and grand son James A. Montgomery... my interest in the tract of land where I now live known as the Lee tract, which interest is 2/5 of the entire tract.
4th My daughter Henryetta P. Ford, the wife of Charles R. Ford... three town lots in the town of Cookville, Putnam Co., being where Charles R. Ford now lives... separate to Henryetta free from marital rights... any husband. At death of Henryetta to heirs of her body living at the time.
5th Heretofore have placed in the hands of Robert A. Cox, husband of my daughter Nannie J. Cox $1075... judgment which I held on Milton Draper... was used by said Cox in redeeming the Jesse McClelland place, being the land where Abraham Hoover now lives... redeemed from Joseph Carver. Now I will and bequeath to my daughter Nannie J. Cox $600... sole and separate use free of marital rights of husband...
6th All real estate and personal property not specifically devised to be sold by my Executor.
7th My daughter Martha Ann Kirkpatrick, wife of John A. Kirkpatrick of the State of Missouri... $400 for her sole and separate use.
8th Balance of my estate after paying debts and bequests to James Fitzgerald, Joseph Fitzgerald and Richard Fitzgerald, children of my daughter Mariah Fitzgerald and to Nannie J. Craig, my grand daughter, daughter of my daughter Cora Craig and to Therinda Draper, James Draper, Thomas Draper and Elizabeth Draper, children of my son Thomas J. Draper.
9th Name executor James A. Montgomery... Employ L. C. Hall his advisor.
10th James A. Montgomery shall not be required to post bond or security.
11th L. C. Hall, my attorney, to see to lawsuits...
Dated 12 January 1873. s/s James Draper {Seal}
Witnesses: s/s Joshua Haile, D. K. Fink, J. L. Hogg, L. C. Hall
INVENTORY OF PERSONAL ESTATE: [Note: Begins on last page of will; about six pages of notes and debts payable to James Draper - mlj].
DEPOSITIONS 14 July 1880:
D. K. Fink age 50. Was high bidder and purchased land in 1867. s/s D. K. Fink
J. J. Stamps about age 46. Testimony re hauling firewood from land. s/s J. J. Stamps
J. A. Montgomery [blank] age. James Draper was my grand father. I am his executor. s/s J. A. Montgomery
TENNESSEE SUPREME COURT DECREE: 3 December 1888, heard on transcript. Decree of Jackson Co. Chancellor is correct. J. A. Montgomery, Executor of James Draper, will recover of appellants D. K. Fink and his security W. M. Gailbreath and J. J. Stamps.
DEPOSITIONS 28 August through 2 September 1886:
J. A. Montgomery age 33. James Draper died 1 Feby 1873. s/s J. A. Montgomery
Andy Skimmerhorn [No age]. Lived with James Draper last 4 - 5 years, up to his death. Andy [X] Skimmerhorn
J. B. Wilson, lawful age. Acquainted with Draper land grant. s/s J. B. Wilson
W. W. Hunter, ditto. s/s William Hunter
William Lawson, ditto. William [his X] Lawson
DEPOSITIONS 19 July 1886 and continue until completed:
J. A. Montgomery. Am the same person who has heretofore given deposition. Am Executor of James Draper, deceased. L. C. Hall was my legal advisor. I gave William Reed bond for title to land on his advice.
I had a gunshot wound in my arm, think 1871, when I lived at the Hancock place. Dr. Broils came to see me at first, then Dr. D. K. Fink. Dr. Fink gave me some whiskey - I did not take much medicines. Dr. Kinner also came to see me. Was not confined but a few days. Aunt Cora Craig was sick at the time I was wounded and she died a few days afterwards.
I am age 34 years past. I lived with my grand father James Draper from birth to his death in 1873. He owned several tracts of land not covered in his will.
David K. Fink would come and stay with grand father two or three days at a time when no one was sick. s/s J. A. Montgomery
William Draper, of lawful age. Talked to James Draper about buying some of his land. s/s William Draper.
L. C. Hall [No age]. James Draper sent for me in his last sickness. I wrote his will. [Signed] L. C. Hall
G. W. Mosley. Was tax assessor in 2nd District. s/s G. W. Mosley
A. M. Ferguson age 67. Know parties to suit. Have been a practicing physician 40 years. s/s A. M. Ferguson
SUPPLEMENTAL BILL OF COMPLAINT: James A. Montgomery, Executor of James Draper, deceased against
R. A. Cox and wife N. J. Cox,
James T. Anderson and wife Mary Anderson, formerly Mary A. Washburn,
King Williamson and wife Verinda Williamson,
James W. Draper, Jr.,
Thomas Draper,
Elizabeth Draper,
Nannie Craig,
John P. Murray,
M. L. Gore,
Lafayette Washburn,
J. A. Durham,
Amos Williamson,
Anderson Sneed,
David K. Fink, all of Jackson County, Tennessee and
Charles R. Ford and wife H. P. Ford of Putnam Co., Tennessee,
Martha A. Kirkpatrick of the State of Missouri, and
James, Joseph and Richard Fitzgerald of the State of Texas, Defendants.
27 March 1875, he, James A. Montgomery as Executor, filed original Bill of Complaint against above parties except James T. Anderson who has since intermarried with Mary J. Washburn. Said parties being the heirs and devisees of James Draper, deceased and creditors thereof. [blank] May 1881. s/s Murray, Snodgrass & Butler, Sol. for Complt
BILL OF COMPLAINT of D. K. Fink against Pinkney McCarver, dated 16 Jan 1867. Defendant recovered judgment against orator for $250 and costs... was fraudulently obtained. L. A. McCarver is justly indebted to him by account of $501. 11 Feby 1867. s/s D. K. Fink
INVOICE: Account of P. M. McCarver for medical services 1862, 63, 64, 65, 66:
1862 Daughter Elizabeth, 10 days.
" Daughter Matilda, Fever, 30 days.
" Wife, one month.
" Son Henry, 2 spells of sickness, 30 days in all.
" Visits to Black Dee, Black Mury, Black Dave
1863 Erasipalus for old Lady, about 20 days.
" Some 20 visits and medicines for Darcy.
" [Can't read] Margaret.
" To Matilda for attention for blindness and deafness of about 20 days duration.
" Black woman Lusania, 20 days.
" Black boy baby of Susan's, one month.
" Service for wife & 10 or 12 visits from James Richmond.
" Daughter Elizabeth, some seven visits from James Richmond.
" Son Henry for disease of throat.
1866 Visits from J. M. Richmond for son Henry.
1863 18 gals. of apple brandy at $6.00, total $108.
1862 Brandy barrel, $3.
1862 Cash paid for McCarver - yoke of oxen to Mr. Bryant.
All totaled $716.00.
INVOICE: Account of L. A. McCarver
1862 Services to Fancy Stratton in case of sickness.
" Black Harriett, fever about one month.
" Permelia Stratton, about 10 days.
" Black Patsey, about 10 days.
" Black Ned, fever.
" To delf his black woman, Dropsy Fever.
" Black Delf's baby or Little girl, 20 days.
" To Mr. I. [or J. or T.] Stratton, about 5 days.
" Attention to William and medicines.
" Wife in case of sickness.
" Visits to James Whelers [Wheeler] for Black Ned, fever, by James Richmond.
" Two visits to Cowan Dawins to see Black Delf, L. A. McCarver's request.
1866 Visits and medicines to babe of L. A. McCarver.
All Totaled $501.00.
ACCOUNT: David K. Fink's account owed to L. A. McCarver.
1860 4 or 5 bills for shoeing horses, all others were whiskey by the glass/pint/quart.
1863 No horse shoeing; all whiskey and brandy purchases.
" April 14, for Polly White's burring [sic] things, paid to Meadows for you. $5.00.
Unpaid bar tab totaled $151.00.
Board self and horses, $4.50 per week totaled $144.00 due to Pinkney McCarver.
TO SHERIFF: 8 April 1893, D. K. Fink recovered judgment against B. B. Chaffin, S. M. Tinsley & John H. Stafford, levied 22 Sept 1897 on property of John H. Stafford in 1st District, Jackson Co., bounded north by Stafford, south by Settle, east by Poston and west by Reed, 110 acres, being the same purchased by said Stafford from A. M. and Eliza Cox.
CLERK & MASTER'S REPORT: B. A. Smith sued, recovered judgment against D. K. Fink for $126.10 on 16 May 1868. 14 March 1882, court decreed Fink owed Smith nothing, and Smith was enjoined from trying to collect.
DEPOSITIONS 19 February 1879:
Z. M. Young age 38. Am a practicing physician in Jackson Co., know Fink and Smith. B. A. Smith was keeping Hotel in Gainesboro in 1870 and 1871. I commenced boarding with him November 15, 1869 and quit May 1, 1871.
Ellen Smith is a daughter of B. A. Smith. She was single and lived with her father at that time. She was sick during this time, don't recall if I waited on her. s/s Z. M. Young
G. C. Jourdan age 46. Know D. K. Fink, B. A. Smith, knew Polly Smith in her lifetime. Polly Smith was B. A. Smith's wife. My recollection is she died in 1875. I attended her and also Dr. Bennatt. s/s G. C. Jourdan
DEPOSITIONS 20 February 1879:
Ellen Smith, lawful age. D. K. Fink did not wait on me... spell of sickness 1869. Never waited on me in 1870... gave me one dose of quinine. I was at home when my father was supposed to have cholera and waited on him. Fink had nothing to do with the case. Dr. Bennatt waited on him. s/s Ellen Smith
Martha Rash age 41. I am a daughter of B. A. Smith. His wife was Mary, commonly called Polly. He never was married but once. She died in December 23, 1875. She was sick some time, but kept her bed seven weeks before her death. I was not living there at the time but went there and waited upon her and gave her every dose of medicine she took. Bennett and Jourdan waited on her. Dr. Fink never did. Martha [X] Rash
W. T. Bennatt, lawful age. I have been a practicing physician about six years in Jackson Co. Waited on B. A. Smith in 1873 or 1874 when he was thought to have cholera. Also Polly Smith. Conferred with Dr. Birdwell in her case, not Dr. Fink. s/s W. T. Bennatt
G. H. Morgan [No age]. Ellen Smith is a daughter of B. A. Smith. She was not sick much... lady of tolerable good health. I was attorney general in the 5th Judicial Circuit eight years beginning 1870, was near B. A. Smith's. Polly Smith, wife of B. A. Smith, was laboring under the effects of cancer a long time before she died.
Counting his children and grand children that have lived with him since 1867, B. A. Smith had a large family living with him. I saw D. K. Fink there at different times when Smith's wife was suffering with cancer. B. A. Smith was assaulted by Jo Cunningham and beaten up, being hurt considerably. B. A. Smith has been keeping Hotel ever since he came to Gainesboro after the war. Dr. Fink boarded at his house much of the time. [Bottom part of this deposition filmed out of order several pages later].
Question: State the members of B. A. Smith's family.
Answer: When he first came here his family consisted of his wife and three daughters. The oldest and youngest married some years ago. His women folks have generally done the housework. Since his wife died and two daughters married, his family proper consisted of himself and his daughter Ellen. His son in law W. A. Rash and his family and some grand sons who have married have been living at his house a portion of the time. Miss Ellen has been managing household affairs since the death of her mother December 1875, about the 23rd of the month. s/s Geo. H. Morgan
B. A. Smith. I sued Dr. Fink before Circuit Court and he appealed. Don't remember the date. My wife was sick when we lived at ?Sandborn, Tennessee [Difficult to interpret; didn't find this place name in the "Omni Gazetteer"- mlj]. My daughter Milly Ann lived with me until she married. She is dead. [Note: End of this deposition is three or four pages before the beginning; apparently pages filmed out of order - mlj].
She died the 15th day of September 1876. I had a daughter Lucy who lived with me until she married on the 22nd day of November 1874. 1869-1874 I lived in Gainesboro.
I got a bottle of rheumatism medicine from Fink for my shoulder.
Luverna West stayed some, don't think it was during my wife's illness. We drove her off for bad conduct. s/s B. A. Smith
Ellen Smith. Dr. Fink doctored me... my gums had the tooth ache and my gums rose. He happened to be here to stay all night and lanced my gums for accommodation [Question by interrogator indicated abscess - mlj]. My sister Milly Ann did not like Dr. Fink. He did not treat her. s/s Ellen Smith
CLERK & MASTER'S REPORT: Depositions of W. G. Cox, M. A. C. Eaton, Maggie Cox, Matilda York, A. J. Stafford, M. Stafford, Eliza York, America Harris, America Gailbreath, Cynthia Washburn, Annie G. York, Nancy Stamps and Meredith Gentry indicate D. K. Fink did treat B. A. Smith's family to some extent... after giving credit for judgment of Dr. Fink, this cuts medical bill from $400 to $153.10... giving other credits... Smith's account against Fink of $156.24. [Note: Depositions mentioned not filmed - mlj].
DEPOSITIONS 6 & 7 July 1880:
R. C. Loftis age 45. I was at Smith's during his wife's final sickness, recall Smith having cholera September 1875. I knew Milly Ann Smith. Never knew of any physician except Dr. Bennett or Jordan treating her. She was over 21 when she died, and was a married woman. She married L. D. Potter. They lived in the State of Kentucky and died here while on a visit. B. A. Smith was my father in law. I lived here in town 1868 - 1875 except about one year and six months. s/s R. C. Loftis
W. A. Rash, about age 46. I am a son in law of Defendant B. A. Smith. In 1868 I lived at the R. A. Allen mill, about one mile from here; 1869 and 70 at Dr. Jourdan's place, about 12 miles; 1871 in the Turkey Creek Bottom about 18 miles; 1872 at the Herrod place near the mouth of Jennings Creek about 2 1/2 - 3 miles; 1873 and 1874 I lived in the Free State about 2 1/2 miles; 1875 I lived in what is called Gipson Hollow about one mile.
Polly White was not afflicted with cancer but a short time.
Dr. Fink is a single man, has a good practice... think he usually stays with his patience [sic]. s/s W. A. Rash
Geo. C. Jourdan [No age given]. Have been a practicing physician 29 years. Treated Polly Smith for cancer... afflicted some years before her death. Her breast was pretty foul before her death. I knew Milly Ann Potter. s/s G. C. Jourdan
F. M. Puttie age 30. I knew Fink and Smith. B. A. Smith employed me to attend to his business while he was sick. He had a severe case of cholera morbus. While I was there, Dr. Fink took no meals at Smith's Hotel. B. A. Smith was confined September 1873. I got the information from the hotel account book. s/s F. M. Puttee
DEPOSITIONS 25 August 1881:
B. A. Smith age 68. Dr. Fink held a note on Jesse Hanner. s/s B. A. Smith
W. E. Elkins age 57. Known B. A. Smith 36 years. His character and that of R. C. Loftis, Wm A. Rash, Martha Rash and Ellen Smith are good.
Verna Cox, colored, who was once owned by P. G. Cox, now married to a negro named West is not good... not entitled to full faith and credit. s/s W. E. Elkins
Wm M. Picket age 56. I am a practicing attorney. s/s Wm M. Picket
AFFIDAVIT: Cause of Benjamin A. Smith, vs David K. Fink, defendant makes oath... cannot go safely to trial without evidence of Dr. John S. Cornwell who resides in Smith Co. and William Price, a resident of the State of Kentucky. 12 Sept 1877. s/s D. K. Fink
[NOTE: 1860 Sistler printed census index, Jackson Co., TN lists 101-326: SMITH, Ben A. 47, Mary B. 47, Jonathan 21, Millia 14, Mary 11, Lucy 6 - mlj].
[NOTE: There are three separate cases in one folder; Margaret Finn vs A. A. Duke and Margaret's children suing each other following her death. Also a divorce case 1856, Edmond Finn vs Sarah Finn. There is part of a Sarah Fin vs Edward Fin case mixed in with one of the Fink cases above - mlj].
ANSWER & CROSS-BILL: George R. Holliman to Bill of Complaint against him and David V. Finn by James Finn in his own right and as guardian of Sarah Finn, and Meredith Finn.
Margaret Finn, the mother of [original] Complainants, executed to her son David V. Finn the deed as mentioned in Complainant's bill. Admits her daughter mentioned in Complainant's bill was afflicted with sore eyes, but emphatically denies she is of unsound mind.
Admits that the [smear] departed this life about the time stated and at the time of her death, her daughter Sarah Finn and defendant David V. Finn was living on the land mentioned.
Respondent denies said David V. Finn after his mother's death drove said Sarah Finn from his house or the said James Finn had to take her and take care of her.
Respondent states facts... soon after the death of said Margaret and while defendant Sarah was living with her brother in peace and harmony, David V. Finn carrying out the terms of the deed... Complainant James Finn who was living in Smith County came to David's house in his absence and persuaded Sarah to go home with him in an attempt at defeating the terms of the deed, promising he would bring her back whenever she wished. Said James Finn got her away, slipped off to Carthage... fraudulent proceeding to have her declared of unsound mind. James fraudulently procured himself to be appointed her guardian with the view of getting land into his possession. James Finn after being appointed guardian returned to David V. Finn's and forcibly carried away Sarah's pittance of property left her by her deceased mother, to wit: One cow, one bed and cooking stove and wearing apparel. After having her declared a lunatic, James drove her off and she went back to her brother David V. Finn who is now caring for her... her puritan brother the said James Finn has sold her cooking stove and spinning wheel and pocketed the money and holds on to the balance of property and will not give it up.
Respondent admits the sale of land by David V. Finn to respondent, denies sale of land is in violation of any agreement as alleged. Was sold for a just and fair consideration. Margaret Finn in her lifetime offered to sell said land to Complainant and proposed to take about $30...
Respondent purchased land because he had a claim of about $100 with interest as purchase money on same which David V. Finn had assumed to pay for his mother Margaret, but could not pay.
Margaret Finn purchased the land with her own funds, subject alone to the lien of Respondent. She had a right to dispose of it.
In 1882 which was the year of the drouth [sic] Margaret furnished $15 with which to buy provisions. David V. Finn had been living on the land before his mother's death, taking care of her and Sarah. Respondent states he heard Margaret say David V. was dependable.
Complainants and defendant David V. and Sarah Finn are the only children and heirs at law of Margaret. 15 Feby 1884. s/s M. G. Butler, Sol. Geo. R. [X] Holliman
OATH OF POVERTY: Cause of A. A. Duke vs Margaret Finn. I, Margaret Finn, owing to poverty... unable to bear expense of this suit. Due to my sickness and confinement the last six months, I have not been able to make this affidavit. Dated 9 September 1881. Margaret [her X mark] Finn
PETITION: Judgment was obtained in favor of A. A. Duke for $100 and costs, execution issued 17 December 1880. At the time of the judgment, petitioner was sick and unable to attend trial nor was she represented by counsel. She sent her son Meredith to appeal for her to ask it be continued. Her son offered to make a sworn statement of her inability to be there. Although the justice was willing, A. A. Duke refused. Margaret states she does not owe money; that said Duke is attempting to collect the $100 by virtue of a contract to procure a pension from the U. S. Government. She never signed a contract, never furnished him proof, never authorized him to prosecute her claim. 19 December 1880. Margaret [X] Finn
DEPOSITIONS 19 September 1881, house of Margaret Finn in District 5:
Margaret Finn age 69. I lived on Larkin Ferrell's land in May 1876. A. A. Duke came to my house. I had been sick about two months and was sick about another month after. Don't recall anyone coming with him. Did not sign, or do not remember signing, paper dated 2 May 1876 authorizing him to procure a pension for a fee of $100, attested by F. C. Cornwell.
Question: Who was helping you get up proof [of pension eligibility]?
Answer: Fred Miller of Buffalo Valley and Esq. William Wyatt of Chestnut Mound in Smith Co.
My family in May 1876 was D. V. Finn and Mary Finn his wife, Saly A. Finn and Merita Finn.
I don't owe A. A. Duke a nickel in this world. Margaret [her X mark] Finn
Sally A. Finn age 38. I was living on the Ferrell farm in May 1876 with my mother and have been living since with her. A. A. Duke came to my mother's with Mr. Cornwell. Her condition was very bad.
Question: Who was your mother's family then?
Answer: Me, Vinson, Merith and Mary Finn.
Question: Where was Meredith and Vincent at the time Duke and Cornwell were there?
Answer: They were at Mr. Ferrell's plowing corn ground. Sallie [her X mark] Finn
Mary Finn age 23. I am D. V. Finn's wife and he is sometimes called Vincent Finn. We were living on the Ferrell land with Margaret Finn. I don't think Margaret Finn was in her right mind when Duke and Cornwell came. Didn't see her sign a paper. She was talking rambling. She got worse after they left, and I went to the field to get the boys to go for the doctor. Mary F. [her X mark] Finn
CAUSE REVIVED, A. A. Duke vs Margaret Finn: Death of Margaret Finn suggested and proven at former term of the court... dead more than six months, no person has administered on her estate and no one can be procured.
Then came into court W. W. Ferguson, attorney for Manerva Gentry and her husband Hyram Gentry, Vinson D. Finn, Meridith Finn, James Finn and Sallie Finn, the only heirs at law of Margaret Finn, deceased... all parties of full age... suit revived against them. [No date].
[NOTE: New folder, but is part of the George R. Holliman Answer & Cross-Bill above - mlj].
CLERK & MASTER'S REPORT: James Holliman appointed Trustee of Mary Finn March 22, 1893.
DEPOSITIONS [No Date]:
J. C. Smith [No age]. Live within one-half mile of land in controversy. Since 1 January 1883 to present, a fair rental would be $25 per year. About 15 - 20 acres are cultivatable. J. C. [his X mark] Smith
?Manjan Duke [No age; land would rent for about $25 per year]. s/s A. M. Duke
R. P. Maddox. G. R. Holleman put up a new fence, worth $30 - $40. s/s R. P. Maddox
Meredith Finn [No age]. Have known land about 14-15 years. Land would rent $40 per year, same as it's been rented for. Am a complainant and brother of James and Sarah Finn. Land rented to Pres Holmes in 1884 for $40. Meredith [X] Finn
TRUSTEE RESIGNS: Roland Terry, on account of his weakness, asks to be removed as Trustee of Sarah Finn. [No date - mlj].
CAUSE HEARD: James Finn vs G. R. Holleman et als and G. R. Holleman vs James Finn.
D. V. Finn has received nothing as Trustee and is permitting premises to go to waste... not doing his ward any good... she is now in the poor house of the County on account of mismanagement and misuse of the Trust... failed to execute bonds required by law. Property will go to the support, comfort and sustenance of said ward Sarah Finn.
It is hereby ordered Jo Holliman... a man suited in all respects... be appointed Trustee for said Sarah Finn.
[NOTE: 1860 Sistler's printed U. S. Census Index, Putnam Co., 186-65 lists: FINN, Margaret 38, Sarah 16, David V. 6, Meredith F. 3, Sarah MIDDLETON 70 - mlj].
[NOTE: This was not in a new folder, but was mixed in with the above FINN cases. Part of a case, Sarah Fin vs Edward Fin, 1855, was misfiled in one of the above David K. Fink cases - mlj].
DECREE: 16 July 1856 cause came to be heard. Defendant has willfully and maliciously deserted and absented herself from said husband... bonds of matrimony be dissolved... Complainant be divorced from said wife Sarah... rights of single man.
BILL OF COMPLAINT: Edmond Finn of Jackson Co, Tennessee against Sarah Finn of the State of Illinois. About 20 December 1825 he and Sarah Pippin were joined in marriage in Jackson Co., TN. Were together until about seven years ago, when he purchased land in Jackson Co. and she refused to move with him but remained where they formerly lived in said County, which complainant did not own but rented from Bird D. Kinclow [Have seen this spelled Kincheloe - mlj]. About 1854 his said wife removed to the State of Illinois where she now resides. 3rd November 1855. Edmond [X] Finn
[NOTE: 1850 Sistler's printed U. S. Census Index, Jackson Co. 543-549: FINN, Edman 46, Sally 29, Joseph 21, John 21, Letha 18, Manara 16, Harriett 14, Frances 12, Malinda 10, Lucy 8. VA/NC. Did not check original census, but Sally's age may be 39 - mlj].
Came Solicitor of Complainants and suggested the death of Complainant of Peter Turney and defendant Milton Draper. Said Draper left the following children [These were inserted/squeezed between lines, scrawled handwriting; hope I got them correct - mlj].
Susan Draper, Henry C. ?Keakton and Hattie his wife, Sallie P. Draper, Mary E. Draper, Edison ?J. B. Draper, Joseph B. Draper, Emma ?J. Draper, V. L. Draper, Milton [?Initial] Draper, John Draper of the State of Texas,
and defendant J. B. Terry is also a resident of the State of Texas.
BILL OF COMPLAINT: Adrian Fisk, Theo Fisk & Peter Turney of White Co. against James B. Terry of Putnam Co. and Milton Draper of Jackson Co. and S. F. Courtney, Sheriff of White Co.
28 August 1860, defendant James B. Terry filed against Thomas Snodgrass and Milton Draper, charging that a note payable to Absolom Johnson drawn by Thomas Snodgrass for $100 and transferred by Absolom Johnson to A. W. Johnson and by defendant James B. Terry [Allegations of who is liable - no other relations given - mlj].
SYNOPSIS: Ann Dixon's father [not named] had given her some sheep. Ann was the wife of George W. Dixon. Ann needed money to buy things from the store, was going to sell the sheep. George said he'd rather sell a white milk cow they had. Several people were interested in buying it, including Ann Dixon's mother [not named] but John G. Howell was the only one who had any money. Howell paid for the cow, which was at Alexander Flatt's. Alexander had taken the cow home, never paid for her. At some point, L. S. Dixon had the cow, because a summons was issued to L. S. Dixon on suit brought by Alexander Flatt to produce unmarked cow belonging to Alexander Flatt. This was May 30 and 31, 1877, with appeal being granted 31 May 1878. Ann Dixon was age 26, signed name with 'X'. No other depositions.
Amended Bill of Complaint of Amanda Flatt. Filed her original bill for divorce 25 September 1876. Defendant abandoned her on 25 May 1876. Alleges violence, vulgarity. 10 June 1876, he attempted to put her out of the house by force... great bodily harm. States he is guilty of adultery with diverse lewd women unknown. Since filing her original bill she was delivered of a child, the issue of their marriage. Asks care and custody of child. 6 August 1877. Amanda [her X mark] Flatt
BOND: To Amanda Flatt for $300 to release property attached 22 August 1876 pending divorce/alimony: Bay mare, mule, black mare & a crop of corn, yoke of oxen in possession of Alexander Boles. J. P. [his X mark] Flatt George W. Abney, Security
AFFIDAVIT : Alexander Boles states he owns the steers. Alexander [X] Boles
ORDER TO SHERIFF: Attach Bay or Brown mare, corn in the field, yoke of oxen. Also land Dist. 6 & 8, bounded by Martha Adcock, Abraham Hix, John Hamilton, Nathan Vannoy, Madison Richardson, Jesse Hooten & David Vannoy.
BILL OF COMPLAINT: Complainant born and married in Jackson Co. Married about 7 April 1876. Happy but a short time... called her whore and strumpet, whipped her. Moved his mother and sister in the house and said she should not stay... forced to seek shelter elsewhere. Charges adultery with lewd women, frequents house of ill fame. August 22, 1876. Amanda [X] Flatt
[NOTE: Similar bill dated 25 Sept 1876 states she and defendant married 7 April 1867 - may be error. Anyone interested in this case should check marriage certificates - mlj].
DEPOSITIONS 11 March 1880 at residence of Jo P. Flatt:
Annie Flatt about age 67. Amanda Flatt last left Jo Flatt 26 Feby 1878. I don't think she had any just cause for leaving him. I lived with them at the time and he was gone to mill at the time he left and he did not know she was going off nor I didn't either. She said she was going to Jonas Spivy's for tobacco who lived about a quarter of a mile from Jo's house.
She left him five times in all [since their marriage] and he went after her four times. I have lived in the house with them a great deal and the balance of the time in the same yard. She always made out like she was sick. Sometimes Jo would get his own meals. Sometimes he would offer to give her 25 Cents to get his dinner for him while he worked. Annie [X] Flatt
BILL OF COMPLAINT: Jo P. Flatt vs Amanda Flatt. Defendant abandoned Complainant. She has continuously absented herself more than two years.
ORDER TO DISMISS: 8 September 1876 by request of Amanda Flatt. 22 August 1876. Amanda [her X mark] Flatt
[NOTE: This is possibly the "crop of corn" Amanda Flatt stated belonged to Jo P. Flatt which she had attached, divorce case above].
PROSECUTION BOND: Annie Flatt to Newton Bybee, Sheriff & R. V. Brooks, Sheriff. 9 Feby 1877, $18.00. Annie [her X] Flatt, Adelia [her X] Walker, s/s George W. Abney
BILL OF COMPLAINT: Newton Bybee, Sheriff and R. V. Brooks, Sheriff, took 12 barrels of corn raised on Annie Flatt's farm in 1876. Annie [X] Flatt
[NOTE: There is an unreadable deposition of Amanda Flatt. The corn was returned].
BILL OF COMPLAINT: Beverly Flatt and Howard Flatt, residents of Jackson Co. against Caroline Howel and husband John Howel, Mary Howel and husband John Howel, Mollie Cornwell, John Cornwell, Cora Holmes, Mack Cornwell, Maggie Cornwell [a minor], Sampson Flatt, Burnette Holland and husband Millard Holland, Maggie Pate and husband Henry Pate, Alex Flatt, Defendants, of Jackson Co., TN. Alexander Flatt died intestate 17 January 1907 in Jackson County, Tennessee, left surviving all the Complainants and Defendants who are his children and grand children except Millard Holland and Henry Pate also Hary [sic] Flatt, Hariette Richardson are the only heirs at law of the said deceased Alexander Flatt.
Died seized and possessed of land in 3rd District bounded north by Jerry Richardson, east by Wade Ray, south by Bill Knight, west by Clarance Holland and Ben Witcher.
The Cornwell children and Mrs. Holmes are grandchildren of Alexander and will inherit the share of their mother Louise Cornwell who is dead.
Caroline Howell purchased the interest of Henry Flatt and Harritee [sic] Richardson. Maggie Cornwell is a minor under age 21. 4 Feby 1907. s/s H. M. Flatt
[NOTE: The most understandable list of descendants/heirs is the following, prepared and signed by Court Clerk G. Lee McGlosson - mlj]:
"Prorata Sheet: - Alexander Flatt left Eleven original heirs, as follows, each of whom are entitled to one Eleventh of $393.35, making a prorata of $35.75 to each to wit:-
Bevelly Flatt 1 share $35.75
Caroline Howell 1 share 35.75
Mary Howell 1 share 35.75
Henry Flatt 1 share 35.75
Louise Cornwell, dead her heirs Five in number are each entitled to one fifth of their Mothers share, $7.15, to wit:-
Mollie Cornwell 7.15
John Corwell [sic] 7.15
Cora Holmes 7.15
Mack Cornwell 7.15
Maggie Cornwell 7.15
Sampson Flatt 1 share 35.75
Harriett Richardson 1 share 35.75
Alexander Flatt (Jr) 1 share 35.75
Burnettie Holland 1 share 35.75
Maggie Pate 1 share 35.75
Howard Flatt 1 share 35.75
Respectfully submitted to the May term of Hon, County Court 1909."
SETTLEMENT 13 October 1908, included among other items:
Paid G. F. M. Russell Jany 18, 1908 for Coffin & Box for dec. $22.50.
Paid J. G. & C. A. Howell for season of Calf & Telephone Message for Coffin for Alex Flatt Dec'd date 10-05-08, $1.35.
Paid M. E. Jenkins date Feb 25, 1907 for waiting on Alex Flatt in time of his illness $10.
Paid O. L. Sloan 2-23-07 for waiting on Alex Flatt in time of his illness, $.75.
REPORT OF SALE: In obedience to decree July term 1907, land was advertised and sold 7 September 1907, G. M. Holland being high bid at $1425, 20% down and notes, with A. J. Howell and John G. Howell as security. Land in 3rd Dist., bounded north by Jere Richardson, east by Wade Ray, south by Bill Knight and west by Clarence Holland and Ben Witcher.
PETITION: John G. Howell and wife Caroline offered $1475 to G. M. Holland for land. If offer is accepted, A. J. Howell, Tobe Richardson and J. G. Howell agree to bind selves as security. 15 November 1907. s/s A. J. Howell, Tobe Richardson, J. G. Howell
DEPOSITION [No date]:
William Knight age 38, live in Highland, Tenn. My land joins land in the case. Know all the heirs and parties. Heirs are Bev Flatt, Caroline Howell, Jim Howell, Howard Flatt, Mary Howel, Mollie Cornwell, John Cornwell, Cora Holmes, Mack Cornwell, Maggie Cornwell who is a minor, Sampson Flatt, Burnette Holland, Maggie Pate, Alex Flatt, all adults except Maggie Cornwell. Don't know if Mack Cornwell is of age or not. Think there are 75 acres in the tract. William [his X mark] Knight
G. S. Howell, age 50. Land is worth $1000, rent $125 per year. Not suitable for partition among heirs. s/s J. S. Howell
AMENDED BILL OF COMPLAINT: John Cornwell and Mack Cornwell are residents of the State of Texas. 11 March 1907. s/s Bevaly Flatt
DEPOSITIONS - Following testified as to value of land/rent [No date]:
Ridley Sholders, live one-fourth mile, in Bagdad. s/s
T. B. Dixon [X]
John Woodsides [X]
Tobias Richardson s/s
Beverly Flatt. I am a son of Alexander Flatt. He said he rented to Alex and Howard. s/s
Alex Flatt. Rented with Howard as partners on the thirds. s/s W. A. Flatt
Howard Flatt. [Ditto]. s/s H. M. Flatt
C. F. Howell, age 32, occupation farmer, live near Highland, one-half mile. About 40 acres in cultivation. s/s C. F. Howell
Albert Howell age 26. Live Highland, occupation farmer. s/s A. C. Howell
INVENTORY & SALE OF PERSONAL PROPERTY: Itemizes items, purchaser, cost. No bible. Total $431.83. 24 June 1907.
BILL OF COMPLAINT: Married Jackson County, Tennessee, Summer 1879. Together but a few months, cruel and inhuman treatment, almost intolerable to cohabit. Because of this, she is forced to leave her home and children and seek protection. She is the mother of seven children: Lorenzo Dow Flatt, Willie Flatt, Sarah Alice Flatt, Lura Belle Flatt, Martha Flatt, Benjamin Flatt, Birdie Flatt, last five of tender years.
[Lists personal property]. States he threatened to kill her. 14 Dec 1898. s/s Lowisa Flatt
INVENTORY & SALE OF PERSONAL PROPERTY: 3 June 1895. Detailed list did not include bible; mostly farm implements of $.05 to $9.00; cow & bull $16.35, mare for $40.50. Not totaled.
SETTLEMENT: 4 Jan 1898 "...all heirs having been notified"; however, there is no indication of who heirs might be.
[Verbatim transcription]: SETTLEMENT FINAL. I, G. B. Settle, Deputy Clerk of the County Court of Jackson County, Tennessee, have on this the 3rd day of April 1915, at my office in the town of Gainesboro, Tenn., proceeded to make an Executors settlement with Isaac C. Flatt, Jr. as Executor of Isaac Flatt sen. decd., and to state an account of the same, which is in the words and figures following to-wit: all of which is respectfully submitted to the April term of this Court 1915, The heirs were notified as required by law, of the time and place of making said settlement.
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There was no personal property belonging to the estate, except that which was exempt, which went to the widow at the death of Isaac Flatt, sen. (See Report of Isaac Flatt Jr. Executor, Wills book "C", page 430.)
The landed estate of the deceased Isaac Flatt Sr. was divided by him before his death, into four lots, and a valuation placed on each lot or tract, and in his will he designated the four children that should have the above lots, and the valuation on same, as follows: Lot 1, valued at One thousand dollars, and willed and bequeathed to John M. Flatt; he to pay the other seven heirs an amount sufficient to make them equal with him in said division, which would be $775.00. Lot 2, valued at $300.00, and bequeathed to Alsa Sarah Lock, she to pay the other seven heirs an amount, sufficent [sic] to make them equal with her in said division, which would be $75.00, by agreement of all the heirs the said Alsa Sarah Lock, was to be given the amount she owed on her lot, $75.00, for staying with and taking care of the deceased Isaac Flatt and his wife during the last twelve months of their life. Lot 3, valued at $200.00. and bequeathed to Geo. W. Flatt, and he was to be paid by the other heirs $25.00 to make him equal with them. Lot 4, valued at $300.00, and bequeathed to Isaac C. Flatt Jr. and he is required to pay the other seven heirs an amount sufficient to make them equal with him in said division, which is $75.00.
There were ten heirs named in the will of Isaac Flatt sr.as follows to-wit: William H. Flatt: Jones H. Flatt: John M. Flatt: Geo. W, Flatt: Isaac C. Flatt:Jr. Elizabeth Pairlee Dorrity: Amanda Jane Brown: Mary Margaret Brown: Thomas M. Flatt and Alsa Sarah Lock, William H. Flatt was to have only $5.00 and Jones H. Flatt or his heirs were to have only $10.00 out of said estate, the other eight heirs to share equal in said estate. (See Will, recorded on wills book "E" page 45)
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Amounts paid heirs of Jones H. Flatt,
one receipt from I. C. Flatt jr, for $1.10, his interest in the estate of Isaac Flatt, decd, as heir of Jones H. Flatt, decd, dated March the 28th 1900.
One receipt from D. A. Lane, for $1.10, her interest in the estate of Isaac Flatt, decd. as heir of Jones H. Flatt, dated Oct, 4 1898
One receipt from A. D. Lane, for $1.10, her interest in the estate of Isaac Flatt, decd. as heir of Jones H. Flatt, decd, dated April 15th 189. [sic]
One receipt from Josie Lane, for $1.10, for her interest in the estate of Isaac Flatt, decd. as heir of Jones H. Flatt, decd, dated March 26, 1900,
One receipt from Marm Flatt, for $1.10, her interest in the estate of Isaac Flatt decd. as widow and heir of Jones H. Flatt, decd. dated, March 26, 1900.
One receipt from B. A. Flatt for $1.10, his interest in the estate of Isaac Flatt decd. as heir of Jones H. Flatt, dated March 26 1900.
One receipt from W. H. Brooks Clerk of the County Court, for $2.20, amount paid into the Court for the heirs of Frank Mabery, they being heirs of Jones H. Flatt decd, interest in the estate of Isaac Flatt decd. dated June 5, 1899,
Amount paid William H. Flatt:
One receipt from W. Flatt for $5.00, his interest in the estate of Isaac Flatt, decd, dated March 22, 1898.
One receipt from W. M. and M. J. Brown for their interest in the estate of Isaac Flatt sr. decd. dated December 26, 1899.
One receipt from T. M. Flatt for $215.62 1/3 his interest in full in the estate of Isaac Flatt Sr. decd. dated Dec. 29, 1899.
One receipt from G. W. Flatt, in full of his interest in the estate of Isaac Flatt decd, dated Sept. 27th. 1899.
Amount paid heirs of Elizabetrh Dorrity:
One receipt from Mariah Sneed her interest in full in the estate of Isaac Flatt decd. dated April 12th 1901.
One receipt from J. M. Carter, Lizzie Jolly and Tom McKinney, for their interest in full in the estate of Isaac Flatt, decd. being heirs of Elizabeth Pairlee Dorrity, dated Feb. 2, 1904.
By one receipt from J. R. McKinney for his interest in the estate of Isaac Flatt decd. he being an heir of Elizabeth Pairlee Dorrity, dated Feb. 2, 1904.
Amount paid to the heirs of Mary Margaret Brown:
One receipt from Frank Brown for his interest in full in the estate of Isaac Flatt decd, as heir of Mary Margaret Brown, dated March 2, 1903.
One receipt from J. M. -F. I. and J. L. Brown heirs of Mary Margaret Brown, for their interest in the estate of Isaac Flatt decd. dated February 13, 1901.
One receipt from Davy Lee Brown, heir of Mary Margaret Brown, for his interest in the estate of Isaac Flatt decd. dated Feb. 2, 1904.
Mary Margaret Browns part of the estate of Isaac Flatt decd. according to the will of Isaac Flatt decd. is $225.00, but after paying her part of the $75.00 to Alsa Sarah Lock, as stated above in this settlement, she would be entitled to $215.62. The said Mary Margaret Brown is now dead, and has now surviving her nine children, and the following named five have been paid their prorata part of said estate to-wit: Frank Brown: J. M. Brown: F. I. Brown: J. L. Brown and Davy Lee Brown, leaving the four following named heirs to-wit: Laura Brown: Thomas Brown: Ella Brown and Jennie Brown. who are to be paid their prorata part of said estate, ($107.81) less their part of the cost of this settlement etc, $2.25, leaving $105.56, to be divided among the four last named heirs. to-wit
Laura Brown, prorata share $26.39
Thomas Brown, prorata share $26.39
Ella Brown, prorata share $26.39
Jennie Brown, prorata share $26.39
The amount of $105.56 is this day paid into the Court by Isaac C. Flatt Jr. to be equally divided among the above named four heirs, and the Clerk hereby acknowledges receipt of same.
The cost of this settlement was paid by Isaac Flatt Jr.
Isaac C. Flatt Executor, also pays into the Court $1.10, the amount going to Tennessee Julian as heir of Jones H. Flatt decd. which amount will be set up on prorata sheet.
The tract of land, or lot 1, above refered [sic] to, bequeathed to John M. Flatt, was deeded by him to Isaac C. Flatt, the executor, who paid the $775.00 which was going to the other seven heirs.
Respt Submitted s/s G. B. Settle, D.C."
SUMMONS: Lum Flatt 1st Monday in March next to answer Bill of Complaint of Martha Flatt. Dated 1st Monday in November 1896.
BILL OF COMPLAINT: Martha and Lum Flatt, both of Jackson Co., married about 18 August 1890, resided here ever since except short period in Clay and Overton County.
Defendant never provided as he should have done, once left her with an infant child with nothing to subsist on and if her mother had not taken care of her... entirely at hands of mercy. Not provided food... except by kindness of her brother and mother.
Alleges cruel and inhuman treatment. When living in Clay Co. he seized her, shook her violently, struck twice across the back. She is mother of one child five years old August next, the only issue of said marriage, whose name is Molie Florance, a female. Defendant not suitable to have custody... habitual drunkard and blackguard. 13 February 1897. s/s Martha Flatt
BILL OF COMPLAINT: Defendant accused her of adultery with Oliver Fakes, same is untrue. He said he was sorry he didn't get a gun and shoot her... drew a stick of stovewood, tried to get her to admit adultery with Fakes and Henry Brewington, who are both her brothers in law, and same is untrue. Alleges cruel and inhuman treatment.
At the time of their marriage she owned a cow and calf, household furniture, mule, hogs, mare, and was living on a small farm of about 77 acres belonging to the heirs of her first husband, William Fakes, and it is unsafe for her and her children to live on said place with defendant. Asks he be restrained from interfering with her, her children and property. 2 March 1896. Mary [her X mark] Flatt
BILL OF COMPLAINT: Pleasant Flatt against Lucinda Flatt and Johnson McCormack. Complainant is the father of Reams F. Flatt, William B. Flatt and Sarah E. Flatt.
That about nine months ago, defendant, who is the legal wife of Complainant, without fault on his part, left Orator carrying his children above named to the home of defendant Johnson McCormack... he and Lucinda have since detained said children. Orator as father is entitled to possession and custody... is suitable... that said children or at least the two oldest, Reams Flatt who is age 5 and William B. who is age 3 be attached and delivered to Orator. 20 March 1852. Pleasant [his X mark] Flatt
ORDER: To Clerk & Master, you are commanded to order the Sheriff of Jackson County, Tennessee on a writ of habeas corpus... take possession of Reams Flatt and William Flatt, children of Pleasant Flatt and deliver to Complainant. She, the Defendant, and her father McCormick will make bond... 20 March 1852.
ANSWER: Johnson McCormack, respondent, to Bill of Complaint. It is true that Lucinda Flat came to his house at the time mentioned. Lucinda Flat, who is a daughter of Respondent had for a long time had desire to visit her parents... absolutely forbidden by said Plaintiff Flatt. She proposed to do so, and said Flatt told her never suffer to return to his house again. Lucinda did come, which caused them to disagree and seperate [sic].
Complainant said she could only return by swearing to put her hand on the bible and swear she would never visit nor speak to any of her father's family again, whereupon Lucinda filed a petition for divorce, procured attachment and had the two children Complainant had in his possession delivered over to her.
Since filing said bill, Lucinda Flatt has departed this life and her youngest child Sarah E. has also died. Said Pleasant Flatt has got into his possession the above mentioned children Reamus F. Flatt and William B. Flatt.
When Lucinda came to his house she did not bring Reams and William with her as stated. Respondent denies he prevented Plaintiff from seeing his children, and states that as soon after the death of defendant Lucinda as he ascertained that Defendant Pleasant Flatt wanted the children, he let him have them. 5 August 1852. s/s Johnson McCormack
BOND: $1000 to Pleasant Flatt, 28 April 1852.
s/s Johnson McCormack; Lucinda [X] Flatt; s/s James Draper; s/s James M. Richmond
DEPOSITIONS 4 February 1854:
George Stout, age 28. Went with Flatt at his request on Sunday morning to get the children to come out and visit their father. McCormack said he did not allow Flatt to come about the house. Lucinda, Flatt's wife, objected... thought he would take them off... that they had heard threats. George [his X mark] Stout
Adam S. Huffines age 33. As Sheriff of Jackson County, I took the children out of Complainant's possession and delivered them to his wife. Was about the 1st of August 1851. If I did request McCormack to bring Complainant's wife to Complainant's house to get the children, I don't recollect. s/s Adam S. Huffines
DEPOSITIONS 3 February 1854:
James M. Richmond age about 33. Lucinda Flatt said Flatt and her father fell out, and Flatt would not allow her to see her folk and that it was hard not to see her parents, and that it was hard for her children to be taken away from her.
I was at a trial between McComack and Pleasant Flatt on a warrant against him for his good behaviour.
After Lucinda died, McCormack told me to tell Flatt he could come and get his children. I met Flatt next morning at McCormack's and he took the two largest... think it was the second day after his wife was buried. Reams and Bur was the names of the two children he got. [Several questions asked of Richmond as to whether Lucinda and Pleasant Flatt were friendly to each other at the trial; said they seemed to be. No relationships - mlj]. s/s James M. Richmond
Margaret L. Richmond age 36. Heard a conversation between Pleas and Lucinda. Mr. Flatt said if she was to live with him, she could never speak to one of her folks again. She said she would go with him if he would treat her right. This was at the Vitetoes. She spent the night with us that night. It was before she signed the bill for divorce.
I am the wife of Esq. Richmond. There was a trial there that day before Esq. Richmond. Mr. McCormack was prosecuting Mr. Flatt. Mrs. McCormack said she wanted to talk to Mrs. Flatt, but Mr. Flatt would not let her. Mrs. McCormack was waiting in the slave house, and said she did not want Mr. Flatt to know she was there, because he would make Lucinda and the baby sit out in the hot sun all day. s/s Margaret L. Richmond
AFFIDAVIT: Above depositions taken at my own house 3 February 1854, and answers are all in my own handwriting. s/s Henry Richmond, J. P.
PETITION: Pleasant Flatt states wife Lucinda filed petition for divorce. Her father lives not far from Petitioner, and he has become maliciously inclined toward Petitioner, believes if she does not see her father, she will be more agreeable. He and Lucinda have lived together six years in harmony. Reamus F. Flatt age 5 and Wm Burr Flatt about 3, two of the children mentioned, are boys. 15 October 1851. Pleasant [X] Flatt
BILL OF COMPLAINT: Lucinda Flatt against Pleasant Flatt. Married in Jackson County 20 January 1845. Alleges cruel and inhuman treatment. Has three children, one an infant at the breast and the other two very small. He has threatened to take the two oldest children which are in his possession and leave the country. Asks they be returned to her pending divorce. Lucinda [her X mark] Flatt
DEPOSITION:
Allen Manear, about age 47. Known Flatt about 15 years, live about one-half mile.
Question: State if you have not heard some charges against his morals in the case of one of his nephews, Benj Flats son.
Answer: I think I have heard since this matter took place that he whipped a child of Ben Flatts that was living with him right severely. I have understood that he was prosecuted for being the cause of the child's death before a justice of the peace and that he was acquitted. 27 December 1851 s/s Allen Minnear
ANSWER & CROSS-BILL: Complainant and Defendant were happy until the later part of 1850. About that time, Johnson Mcormic, Complainant's father and Mcormic's wife went to Defendant's house and whiped [sic] him in his own house after which Defendant removed from Mccormics land where he then lived. Pleasant [X] Flatt
[NOTES from mlj]:
1850 Sistler's printed index, Jackson Co. 1255-651: FLAT, Pleasant 30, Loucinda 21, Rems F. 3, William B. 1, Benjamin S. 13.
1860 [same source], Overton Co. 200-172: FLATT, Pleasant 49, Mary A. 25, Reemus F. 13, William B. 11, Nancy J. 5, Margaret 3, Philipinus 2 (f), Martha E. 5/12.
Johnson McCormack, father of Lucinda, is likely from Bedford Co., VA, possibly arrived c1810 with William Wheeler's family. Elijah Wheeler md 6 July 1809 in Bedford Co, VA to Charlotte McCormack John Wheeler md 14 Sept 1807 in Bedford Co, VA to Sukey McCormack. Johnson McCormack may also have escorted Agnes Wheeler [nee McCormack, sister of Charlotte] to Jackson County after her husband James Wheeler [unproven nephew of William] was killed in the War of 1812.
BILL OF COMPLAINT: Joseph C. Fletcher of Jackson Co. against Allan Young and John H. Young of Jackson Co. and Thomas and Alexander Dillard and Archibald Scruggs of Smith County, Tennessee.
Orator would show that 14 Oct 1846 and long before that, defendants Dillard and Youngs were merchants.
Orator and said Dillard and Youngs bought of one John Rogers land in Dist. 13, Jackson Co., estimated 500 acres... Riley McDanel's southeast corner... [metes and bounds description using marks on trees - mlj].
Dillard & Young as a firm was to pay one-half the purchase money and Orator the other half. Deed drawn is contrary to agreement, has been registered. [No relationships given].
DEPOSITIONS 18-20 July 1883:
John B. Mitchell, age 34. Know parties. Heard deed from A. B. Holliman to James B. Holliman read. Purchased almost two acres of land about December 1882 on Cumberland River. J. B. Holliman was living at Granville with his father A. B. Holliman at the time. He was working at the mill on spring fork and usually came home on Saturday. J. B. Holliman had an interest in the steam saw mill. A. B. Holliman worked there a while. s/s J. B. Mitchell
Rowland Terry age 50. A. B. Holliman was talking about selling his land to J. B. Holliman. s/s Rowland Terry
E. L. Witty age 28 [No relationships, nothing new]. s/s E. L. Witty
W. P. Page age 32. I bought land with Witty from A. B. and J. B. Holliman between old Smyrna Road and Cumberland River. I was to pay part of the consideration to Mrs. C. J. Holleman. s/s W. B. Page
C. J. Holliman [No age]. A. B. Holliman is the father of J. B. Holliman. s/s
J. G. Holliman [No age - ditto above]. s/s
BILL OF COMPLAINT: Elizabeth Floyd of Dekalb County, Tennessee vs A. B. and James B. Holliman of Jackson Co. In 1877, A. B. Hollimen was indebted to her for borrowed money. August 1877 she brought suit. A. B. Holliman deeded land to avoid payment of debt. Believes his son James B. is a minor. 1 April 1882.
DEED: I, A. B. Holliman hereby transfer and sell for the sum of $3000 to James B. Holliman... land ... W. R. Stanton's line, west down the river to Wm L. Holliman's line... being tract I bought of Shepherd heirs; also tract I bought of N. T. Neely being 55 acres more or less. Also tract on Martin's Creek... between Manier's and land A. Stanton sold to Pryor Grisham... Apples line to Wm L. Hollimans... to Wm B. Holmes line... with Elizabeth and Sousan Holliman's line... center of the channel of Martin's Creek. Also a block of town lots in the town of Granville, Nos. 63, 54, 55, 56, 576, being entire block of lots I bought of Shepherd's heirs except one I sold to J. F. Pursley. 31 January 1879. s/s A. B. Holliman
DEPOSITIONS [No date]:
D. H. Armistead age 42. Known J. B. Holliman since he was a small boy. Very industrious, character good. s/s D. H. Armistead.
J. D. McKinley [No age]. J. B. Holleman employed me and Joseph Bullington to run his wheat thresher. The thresher is worth about $300 - $350. s/s J. D. McKinley
Lewis Hardcastle age 38. Rented some of the land and paid rent to J. B. Holliman. Lewis [his X mark] Hardcastle
J. G. Holliman age 39. Live in Granville near A. B. and J. B. Holliman. Lived near them 1875-77. s/s J. G. Holliman
Joseph Gipson age 35. Known J. B. Holliman 15 years. Been living on his place two years. Joseph [X] Gipson
DEPOSITIONS 16 September 1884:
A. B. Holliman age 54. Deeded land in 1879 to J. B. Holliman. s/s J. B. Holliman
J. B. Holliman age 26. I bought land 30 January 1879 from my father A. B. Holliman. s/s J. B. Holliman
[NOTE: This case was very confusing at first until I found there was an Andrew Flynn who died in 1893 [8 children, owned 200 acres] and his son A. J. Flynn who died in 1907 [10 children survived him, owned 90 acres]. Both these estates were combined in one file folder. As always, documents are as they appear on microfilm - mlj].
Clerk's Report: There are about 90 acres in the tract, District 8, Jackson Co. bounded north by Tom Barlow, south by Bug Harris, east by Williams heirs, west by Tom Barlow, excluding a small tract of about four acres said to belong to M. J. Dixon lying south of this tract and formerly a part of it. Minimum value 90 acres, $125. Land involved belongs to G. M. Flynn, Jr., who owns one share or 1/10th; Haley Goolsby same; Polly A. Strong same; Martha A. Butler same; W. B. Flynn same; Amanda Flynn same; W. B. Flynn same; Amanda Flynn same; Lizzie Powers same; Ida Flynn same; Jack Flynn same; Affie Spivey who owns 1/3 of one share or 1/30th, Freeman Spivey same and Beulah Spivey same.
There are no encumbrances on said land, but deceased owed about $55 at his death, personal estate not sufficient to pay, land not suitable to partition, probably will be necessary to sell same. s/s G. Lee McGlosson, Clerk
PETITION: G. M. Flynn Jr. of Kentucky, Haily Goolsby and husband George Goolsby of Arkansas, Polly Ann Strong and husband Steven Strong of Jackson Co., Martha Butler and W. B. Flynn both Jackson Co., Amanda Flynn, Lizzie Powers & husband Sam Powers and Ida Flynn all of the State of Texas
against Jack Flynn of the State of Texas, Affie Spivey and Beulah Spivey all of Jackson County, Tennessee.
A. J. Flynn departed life intestate in Jackson County in March 1907, seized and possessed of tract of land [same description above] of 90 acres in Jackson Co., TN.
His sole and only heirs are the following children and grand children, to-wit: G. M. Flynn Jr., Haily Goolsby, Polly A. Strong, Martha A. Butler, W. B. Flynn, Amanda Flynn, Lizzie Powers, Ida Flynn and defendant Jack Flynn; another daughter Susan intermarried with one Jas Spivey. She died before her father and left the following three children to wit: Affie Spivey, Freeman Spivey and Beulah Spivey. 4 Jany 1910.
ANSWER: Jack Flynn, Freman Spiva, Affie Spiva, Beulah Spiva, Hyram Upchurch and Robert Upchurch by their guardian ad litem to the petition or bill of G. M. Flynn Sr. et al vs Martha Hammonds et al filed 6 Jan 1910.
Admits death of Andrew Flynn and present owners correctly set out. 7 Feby 1910.
BILL OF COMPLAINT: G. M. Flynn Sr., Narcissa Lemons & husband Geo Lemon all of Jackson Co.; John Flynn of Putnam Co., Tenn, William Buck, Martha Maynard and husband Joshua Maynard all of Overton Co., TN, W. B. Flynn, Polly Ann Strong and her husband Steven Strong and Martha Butler of Jackson Co., Complainants,
against G. M. Flynn Jr. of Kentucky, Haily Goolsby and husband Geo Goolsby of Arkansas, Amanda Flynn, Lizzie Powers & husband Sam Powers and Jack Flynn of the State of Texas, Affie Spivey, Freeman Spivey, Beulah Spivey of Jackson Co., Hiram Upchurch and Robert Upchurch of Jackson Co., Martha Hammonds and husband [blank] Hammonds of Oklahoma.
Andrew Flynn departed life intestate in Jackson Co. in 1893, owned property in the 8th District bounded north by G. M. Flynn, Sr., south by Thos Barlow, east by Robert Richardson, west by Sewall Buck being 200 where Geo Lemons now lives.
At the death of Andrew, title vested in his children and heirs at law, to-wit [numbering is mine - mlj]:
1. G. M. Flynn Sr.
2. John Flynn
3. Martha Hammonds
4. Narcissa Lemons
5. H. A. Flynn sold to Geo. Lemons. H. A. Flynn not party to this suit.
6. Malvina, a daughter of said Andrew married [blank] Denson, she died leaving Vienna
Denson her daughter and only heir at law. She has sold her share to Geo Lemons, and is not a party to this suit.
7. Sarah, a daughter of said deceased married [blank] Upchurch. She died leaving Complainants William Buck and Martha Maynard and defendants Hiram Upchurch and Robert Upchurch, her only children and heirs at law.
8. A. J. Flynn, a son of said deceased, has died since the death of his father leaving surviving the following named children to-wit:
8.1. W. B. Flynn
8.2. Polly Ann Strong
8.3. Martha Butler [first three Complainants]
8.4. G. M. Flynn Jr. [remainder Defendants]
8.5. Haily Goolsby
8.6. Amanda Flynn
8.7. Lizzie Powers
8.8. Ida Flynn
8.9. Jack Flynn
8.10. Susan a daughter of said A. J. Flynn and a grand daughter of said intestate [Andrew J. Flynn] married one James Spivey. She is dead and leaves surviving her three children to wit: Defendants Affie Spivey, Freman Spivey and Beulah Spivey.
Complainants charge that G. M. Flynn Sr., Narcissa Lemons, John Flynn, Martha Hammonds are each the owner of one-eighth undivided interest as heirs at law of their father.
Geo Lemons is owner of two-eighths by purchase of the shares of H. A. Flynn and Vienna Denson; that the children of Sarah Upchurch deceased to wit William Buck, Martha Buck, Hiram Upchurch and Robert Upchurch are jointly the owners of one-eighth undivided or 1/32 share each as heirs at law of their mother Sarah.
Children of A. J. Flynn deceased are joint owners of 1/8 interest or share of their father, or a 1/80th interest to each, except the children of Susan Spivey decd who each own a 1/240th share therein.
Defendants Hiram Upchurch, Robert Upchurch, Jack Flynn, Affie Spivey, Freeman Spivey and Beulah Spivey are minors without a general guardian. Dated 5 January 1910. s/s R. G. Draper, Atty. for Complainant.
DEPOSITIONS:
L. C. Phillips age 52, live 8th District within less than a mile of land. About 90 acres, valued $125. Deceased A. J. Flynn owed debt to G. M. Flynn of $25 and Marion Harris of near $30. s/s L. C. Phillips
John Hammonds age 63, live 6th District. Live about 1 1/2 mile, about 200 acres in tract. Bounded north by G. M. Flynn, south by Noah Vanoy, east by Bob Richardson, west by Sewall Buck. $300 would be a fair minimum price. s/s J. E. Hammons
CLERK'S REPORT: In obedience to a court order [no date], tract is about 200 acres owned by Andrew Flynn at his death, being in the 8th District. Bounded north by G. M. Flynn Sr., south by Thomas Barlow, east by Robt Richardson, west by Sewall Buck. At present it belongs to:
G. M. Flynn Sr, one share or 1/8
John Flynn one share or 1/8
Narcissa Lemons one share or 1/8
Martha Hammonds one share or 1/8
George Lemons two shares or 2/8 [H. A. Flynn & Vienna Denson shares - mlj]
William Buck 1/4 of one share or 1/32 [mother Sarah Flynn Buck Upchurch - mlj]
Martha Buck [Maynard] ditto
Hyram Upchurch ditto
Robt Upchurch ditto
G. M. Flynn Jr. 1/10 of one share or 1/80 [son of A. J. Flynn - mlj]
Haley Goolsby ditto [daughter of A. J. Flynn - mlj]
Polly Ann Strong ditto
Martha Butler ditto
W. B. Flynn 1/10 of one share or 1/80 [son of A. J. Flynn - mlj]
Amanda Flynn 1/10 of one share or 1/80 [dau of A. J. Flynn - mlj]
Lizzie Powers ditto
Ida Flynn ditto
Jack Flynn 1/10 of one share or 1/80 [son of A. J. Flynn - mlj]
Freeman Spivey 1/240 [son of Susan Flynn Spivey - mlj]
Affie Spivey 1/240 [dau of Susan Flynn Spivey - mlj]
Beulah Spivey 1/240 [dau of Susan Flynn Spivey - mlj]
SETTLEMENT 30 June 1902. Last settlement made 3 July 1899, Admr Settlement Book 6 page 440. [Nothing indicates who parent or parents might be. This settlement included Receipt of Trustee Gailbreath "Amount due on last settlement, see Gdn Book B pages 370-372". Either this source or possibly a suit filed by Gailbreath might help- mlj].
FINAL SETTLEMENT: 4 October 1911 with G. M. Flynn as the Guardian of J. M. Murphy, he having attained age 21. Last Settlement G.C. "B", page 531.
Amount Due on Last Settlement, $53.66. Receipt from J. M. Murphy for balance in full $53.66.
The Guardian should be charged with compound interest on above $53.66, but he furnished his ward the following articles for which he made no charge as follows:
Corn furnished J. M. Murphy year 1906 $31.50.
Corn furnished J. M. Murphy year 1907 $41.50.
Corn furnished J. M. Murphy year 1908 $63.00.
Amount paid to W. K. Tinsley for store account for J. M. Murphy 1906 $7.00.
1 suit clothes furnished ward 1909 $9.00
This set- should have been made several years ago but is made now for then, and is entirely satisfactory with all parties concerned and is accepted by all parties as the full and final settlement. 5 Oct 1911 s/s G. Lee McGlosson, Clerk
INVENTORY & SALE OF PROPERTY OF WM E. SMITH [Itemized, no date - mlj].
Purchasers were: Rial/Ryal Bowman, James Moss, Thomas J. Rose, Sam Smith, John Rose Sr. Win Moss, John Ray, William Flatt, Mahala Smith, Cleveland Hawkins, Eleazer Smith, James Carpenter, James Duncan, J. H. Smith, Christopher W. Roberts, W. M. Weaver, John Reed. Total sales $211.41. Livestock, farm implements, some household goods. No bible.
ORDER TO SURVEYOR: Suit of Susan Flynn against A. J. Flynn and others and L G. Rose, Admr vs Susan Flynn and others, Bill and Cross-bill pending. October term 1872, William Bybee and William Scantland to set aside dower in tract of land in litigation on which she [widow of William Smith, Martha Smith Spivey] now lives in 16th Dist. of Jackson Co. 4 Monday in October 1872.
REPORT: Order of October term 1870, from the deposition of L. G. Rose, personalty assets of William E. Smith, decd that came to his hands including the $60 - $65 he has no recollection of but is willing to be charged with amounts to $367.61. L. G. Rose paid out $74.29 more than he has received, some of these disbursements made in the years 1852, 1853 and 1854, and that L. G. Rose is entitled to interest on that amount.
DEPOSITIONS 23 November 1876:
L. G. Rose [No age]. Am the Administrator of William E. Smith, deceased. Received nothing except $60 or $65 said to be in possession of Smith at his death, do not recollect. Willing to be charged with same. I settled with the County Court Clerk, and to the best of my recollection it was $441.90 disbursements. The reason I paid so much out of my own money was that I paid Sam Fowler a considerable debt against the estate, and the other creditors complained that I had not divided the money evenly, so I paid them thinking the estate to be good. I have never been paid for services as Administrator, and think $75 would be low. s/s L. G. Rose
Job M. Morgan. Am a practicing attorney, was employed by L. G. Rose to assist in administering of estate of Wm E. Smith. The court house burned at Gainesboro 14 August 1872 after Rose had made settlement. Rose paid me $10. s/s J. M. Morgan
J. D. Goodpasture. Was a solicitor for L. G. Rose. W. G. Cox was clerk of the court in 1872. Many of the papers have not been found. s/s J. D. Goodpasture
CLERK & MASTER'S REPORT: October term 1871. The death of Susan Flynn, Complainant was in open court suggested and proven and she left the following named children: Mahaly Flynn, George M. Flynn, Dolly A. Flynn, Mathew N. Flynn.
TO SHERIFF OF [blank] COUNTY: Summons Mahala Spivey and husband James, Luella B. Smith, Emily C. Smith and Margarette B. Vannoy 1st Monday in February 1870 to answer Bill of Complaint of Susan Flynn and her husband Andrew J. Flynn. Dated 1st Monday in August 1869.
TO SHERIFF OF JACKSON COUNTY: Summons Susan Flynn and her husband to answer Bill of Complaint of L. G. Rose, 1st Monday in February 1870. Dated 1st Monday in August 1869.
SHERIFF OF OVERTON COUNTY: Summons Lemuel G. Rose 1st February next to answer Bill of Complaint of Susan Flynn and her husband Andrew J. Flynn. 1st August 1869.
ANSWER: Luella R. Smith and Emily Smith by guardian ad litem Geo H. Morgan to Bill of Complaint of Susan Flynn and others.
W. E. Smith, his wards' grand father, died as alleged... possessed of real estate and personal property. Joseph L. Smith, the father of wards, is dead. 25 Nov 1870.
ANSWER: Mahaly Flynn, Geo M. Flynn, Sally A. Flynn and Mathew N. Flynn by their guardian ad litem to Bill of Complaint of Andrew J. Flynn and others and the Cross Bill of L. G. Rose and others against Mahaly Spivey and others. Knows nothing, requires proof. s/s Geo H. Morgan, Guardian Ad Litem
ANSWER: L. G. Rose to Bill of Complaint of Susan Flynn and Andrew J. Flynn. W. E. Smith died, owned tract or tracts of land on Sugar Creek. Respondent was appointed Administrator in 1852, qualified, and paid all the debts. Denies it will not be necessary to sell land. The personal property that came to his hands was not $700-$800, but $302.61. He paid out just debts in 1852, 1853 and 1854, sum of $441.90, $139.29 being out of his own pocket, plus there is due him $75 as Administor plus there is due $35 solicitor's fees.
Admits defendant Mahala intermarried with defendant Spivey and heirs are correctly set out. Respondent returned the inventory of the estate in 1852, cannot find in office of County Clerk, suppose it was destroyed in the 1872 fire. s/s J. D. Goodpasture, Sol.
BILL OF COMPLAINT: Susan Flynn and husband Andrew J. Flynn of Jackson Co. against
Mahala Spivey and her husband James Spivey, Luella B. Smith, Emily C. Smith, Margarette B. Vannoy all of Jackson Co., Lemuel G. Rose of Overton Co. and David R. Smith of the State of Illinois, Martha J. Flatt and husband Andrew Flatt of Illinois, defts.
William E. Smith died intestate away from his home which was at the time in Jackson County, Tennessee in the year 1852. He had title to tract or tracts of land in Jackson Co. on the waters of Sugar Creek, 500-600 acres more or less, bounded north by lands of James Spivey, east by Alexander Bowles, south by James Hall & William T. Hall, west by Burnetta Richardson, Wm Morrel and Andrew M. Flynn.
Lemuel G. Rose was appointed Administrator, took charge of personal property, paid all indebtedness, so land of Wm E. Smith will not have to be sold. Personal property worth $700-$800. Rose had in his hands at least $100 with interest for distribution, has paid nothing.
Oratrix [Susan Flynn] as an heir at law has a right to demand and receive her share of the estate of her father.
At the time of his death, William E. Smith left a widow Mahala who has since intermarried with defendant James Spivey. He left Oratrix Susan who has intermarried with Andrew J. Flynn, and defendants Margaret B. Vannoy, Martha Flatt who has intermarried with defendant Andrew Flatt, D. R. Smith and Harden Smith and Joseph L. Smith his only children and heirs at law.
Since the death of William E. Smith his son Joseph L. Smith has died leaving defendants Luella B. Smith and Emily C. Smith who are both minors and have no regular guardian his only children.
Since the death of said William E. Smith his son Harden Smith died without issue.
Oratrix Susan Flynn and defendants Luella B. Smith and Emily C. Smith, Margarette B. Vannoy whose husband is dead, David R. Smith and Martha Flatt are the only heirs of said William E. Smith.
Each is entitled to 1/5 part except Luella B. Smith and Emily C. Smith who are both together entitled to 1/5 the share of their deceased father Joseph L. Smith.
Defendant Mahala Spivey is the widow of William E. Smith and is entitled to dower. October 5, 1869. A. J. [his X mark] Flynn
REPORT OF SALE: Land in District 16, John M. Gipson was high bid and purchased same with $75 cash and two notes, each for $113.62 due in six and twelve months.
PETITION: Allen Forkum states he and Thomas T. Hufhines entered into partnership to purchase tobacco in 1861. Hufhines is indebted to Petitioner for about $100 for prising [sic; seen this spelled same way in other cases. Probably term specific to tobacco growing] and furnishing hogsheads for said tobacco. Indebted for tobacco sold him in 1861. 3 July 1865. Alen [his X mark] Forkum
ANSWER: Thomas Hufhines to Bill of Complaint. Denies owing money. Admits in 1861 he and Adam S. Hufhines executed a note. 13 Oct 1865. s/s Thomas Hufhines
FINAL SETTLEMENT: 31 August 1914. Inventory filed 4 September 1911, Admr's set book D page 418, sum of $154.62 plus interest to date of $26.98 leaves balance $181.40. Atty fee to M. G. Butler $39.50 plus interest on same of $5.70.
Receipt from J. H. and H. D. Forkum in full for settlement between them and Admistratrix dated 11 January 1912, $60 plus interest of $9.48.
Amount allowed Admrs for services to date in winding up estate $64.42. [After paying other expenses, books balanced].
MOTION: On 1 August 1874, F. M. Price filed his original Bill of Complaint against James P. Howell, John G. Howell, Wm C. Howell, Logan H. McCarver and Robt A. Cox praying for injunction among other things.
Price executed bond of $800 with John P. Murray and Joel Forkum as security payable to defendants John G., James C. and W. C. Howell.
12 Feby, defendants W. C., John G., J. P. and J. C. Howell recovered judgment against F. M. Price. [No relationships given - mlj].
SETTLEMENT: John Forkum, guardian to Mary Jones, minor heir of Leroy and Margaret Jones. Last settlement made 1 Feb 1875.
1st Monday in Feby 1876. Received from U. S. Pension agent less expense May 1st 1875, $28.00
Recd from U. S. Pension Agent Sept 1st 1875, $28.00.
Recd from U. S. Pension Agent 1 Jan 1876, $28.00.
SETTLEMENT 1st Monday in January 1874. Sarah L. Jones, one of the minor heirs of Leroy and Margaret Jones, deceased. Due ward from settlement made 1 Jan 1873, sum of $255.98 plus interest.
SETTLEMENT with Milton B. Jones formerly a minor and heir of Leroy and Margaret Jones... recently become of age. Final Settlement 1st Monday in April 1875. Amount due 1 Feb 1875, $263.68.
SETTLEMENT: 29 August 1904. Paid J. J. Ray, account against estate dated March 7, 1904, $1.40.
Note given by deceased signed by J. C. Ray, paid off with interest, $7.40.
Paid T. J. Forkum for coffin, etc. for deceased, dated April 15, 1904, $13.90.
LOOSE RECEIPTS [Small scraps of paper microfilmed, not listed on formal Settlement, for $7.50 each - mlj]:
My pro rata share of estate of Sallie Ray, deceased. s/s J. B. Ray
My pro rata share of estate of Sallie Ray, decd. s/s Ada Forkum, T. J. [his X] Forkum
My pro rata share of estate of Sallie Ray, decd. s/s Cansada Forkum, Joel Forkum
My pro rata share of estate of Sallie Ray, deceased [No amount shown]. s/s J. C. Ray
BILL OF COMPLAINT: Bettie Fowler against S. B. Fowler, G. W. Birdwell, James Burris, A. H. Johnson, James Phillips, John H. Stafford, A. S. Cooper and L. M. Gipson, all of Jackson Co, Tennessee.
She and S. B. Fowler were married in Jackson Co. on or about 17 November 1881, have an infant daughter two months old. S. B. Fowler has become a habitual drunkard since marriage. While intoxicated he is cruel and inhuman.
Alleges adultery with Mary Stafford, divers others.
[Lists personal property]. Defendant recently purchased at Chancery sale land near Gainesboro on the west side of Sparta and Gainesboro Road known as the W. G. Cox place where L. M. Gipson now lives. Paid a portion, sale not confirmed, but doubtless it will be at next term of Court.
Defendant has a large amount of book accounts due him as a Physician: G. W. Birdwell about $95, James Burris $65, A. H. Johnson ?$65, James Phillips about $20, John H. Stafford $23, A. S. Cooper $40, L. M. Gipson $100. Asks custody of children. 10 Sept 1884. s/s Bettie Fowler
ANSWER: J. M. Morgan, Admr of S. C. C. Holmes to Bill of Complaint of John Fowler against L. W. Oglesby & others.
True he is the administrator of S. C. C. Holmes, deceased. Having only individual papers, knows nothing of partnership matters.
BILL OF COMPLAINT: John Fowler against Louden W. Oglesby and Jobe Morgan, Administrator of S. C. C. Holmes, all of Jackson Co. Complainant states that from [blank] to the [blank] day of May 1861 decedent and L. W. Oglesby were partners in trade in the town of Celina, Jackson Co. Partners owned and held a debt of O. P. Hamilton for $277.80, judgment recovered 29 May 1861.
O. P. Hamilton is dead, and R. A. Cox is his administrator... ?superseded by A. C. Hamilton... execution quashed by the Circuit Court of Jackson Co. O. P. Hamilton's estate is insolvent and so is S. C. C. Holmes. [No relationships given; basically trying to find if there is anyone he can get money from - mlj].
ANSWER: Loudon Oglesby states he was dormant partner of S. C. Holmes in the retail grocery business at Celina. True the firm held a note and judgment against O. P. Hambleton. Judgment was stayed by Adam C. Hambleton. 3 December 1866.
DEPOSITION 22 February 1897, taken at City of Evansville, Indiana, at office of R. C. Wilkinson, Esq:
John Thacker age 60. Reside MOO-E [as written] Iowa.
I am a steamboat engineer, and am acquainted with the parties. Have a speaking acquaintance with S. B. Fowler. I was April 6, 1895 in Capt. Ryman's employ as Engineer on the steamboat I. T. Rhea [a few places it looks like "J. T. Rhea" - mlj].
I am First Engineer, had been on her about four years. There were two watches in 24 hours. My first watch commenced just after breakfast, lasted til Noon then I went on again at suppertime and off at 1:00 A. M. The 2nd Engineer was William White. He was on watch when I was off.
On 6 April 1895, we was blown against a solid rock on a bluff bank and sank. I was on watch. It was about eleven oclock in the forenoon.
We left Gainesboro and started down the river. Just above Brook's Ferry a sudden gale came up. We had been away from Gainesboro about an hour and there was no wind to interfere with navigation. The wind sprang up with great violence on the larboard side and blew her into the starboard shore. It lasted about five minutes before we were blown against the rock.
The pilot on watch was Robert Grubbs, he has been a pilot on the Cumberland River 25 years, always stood first class.
The Master of the steamer was A. C. Re_ _ _ _ [Can't read, possibly "Reams"] and he was on watch. The accident was unavoidable. s/s John Thacker
DEPOSITIONS 30 April - 1 May, 1896, taken City of Paducah, Kentucky:
James McCarthy age 49, live Paducah, Kentucky. I am the Superintendent of Paducah Dry Docks, been here since 1893 when I built the docks. We repair steamboats and barges. Located in Paducah at the mouth of Island Creek at the Tennessee River.
The J. T. Rhea was being repaired July 8, 1894. Capt Thomas J. Ryman and Capt. Bowman were overseeing the repairs. s/s James McCarthy
Charles McCarthy age 56, live Paducah, Kentucky, Occupation ship caulker. Learned at Howards Shipyard at Jeffersonville, Indiana. Been doing it 32 years. I've worked at Louisville, Camellton, Caseyville, Ashland, ?Carington, Cincinnati, Paducah, ?Mound City, Cairo, Memphis, Madison, _ _ _ _ton, Pittsburg. s/s Charles McCarthy
J. P. Weathers age 30. Live Metropolis, Illinois. I am a ship carpenter and caulker. Have been employed with Paducah Dry Docks four years. s/s J. P. Withers
BILL OF COMPLAINT: S. B. Fowler against Alex C. Reed and Thomas Ryman, being common carriers of freight and passengers from Nashville to Albany Landing for hire. Complainant hired to deliver four mules, one horse, one mare, one valice [sic] and clothing. Ship sank, items lost. s/s S. B. Fowler
[NOTE: Case was confusing to me, much was hard to read. Gave genealogical hints, little proof - mlj].
DEPOSITION 30 October 1896:
Calvin Murphy, lawful age. Knew V. C. Lee and V. M. Fowler and his wife in her lifetime. I was helping attend the ferry at Gainesboro when he crossed the river in the fall of 1871 or 1872. Mr. Vanus Fowler came by where my step father lived and got a rifle gun. I think Emaline Whitaker, a daughter of V. C. Lee was then living with V. C. Lee.
Me and V. C. Lee were talking at Carthage about land he bought at Buck Branch.
Question: Are you a colored man?
Answer: Yes sir. Born 17 February 1858.
Question: Was your step father a negro?
Answer: Yes sir. I lived at the Locke farm part of the time and Lawson farm part of the time. I was living with my mother part of the time. I was married. s/s Calvin Murphy
DEPOSITION 14 September 1896, taken before Ben Lawson, Clerk of the County Court, at Hartley, Hartley Co., Texas:
W. H. Denton age 53. I have lived in both Jackson County and Clay County, Tennessee 1842-1870 lived six miles from Gainesboro on the Cumberland River and later at Clay County from its organization until 1884 on old Jimmy Roberts farm in Tinsley's bottom. I moved from Tennessee to Texas in 1884.
I knew Vanus M. Fowler and his wife Lue in her lifetime. Lue M. Fowler was drowned in the Spring 1878, March or April. V. M. Fowler is said to have died in 1889 or 1890, but that is what was told me. I knew James G. Cunningham, the father of Mrs. Lou M. Fowler, the wife of V. M. Fowler. I do not know when he died.
V. M. Fowler sold Vance Lee land on the Cumberland River above Jennings Creek. I lived 1 1/2 mile from the land in 1870 - 1884.
Lou Fowler said she preferred being in Tinsley bottom on the land they had bought from John Fowler.
DEPOSITION [No date]:
S. H. Cunningham [No age]. I am the Executor of J. G. Cunningham, deceased, took possession of all his papers, made diligent search, can't find the title bond.
Nick Carver as Administrator of V. M. Fowler, deceased, took possession of his papers, can't find the title bond.
W. H. Lee is the Administrator of V. C. Lee deceased and also the Administrator of S. A. Lee deceased, took possession of their papers, can't find the title bond.
Emaline Whitaker, a daughter of said deceased V. C. Lee and a sister of S. A. Lee deceased can't find the title bond.
William York is guardian of J. M. G. York and the vendee of S. A. Lee, deceased, and a defendant herein and can't find the title bond.
14 September 1896. All swear they have made diligent search.
ANSWER: J. M. G. York by guardian Wm York to Amended Bill of Complaint. V. C. Lee purchased land from James G. Cunningham, the ancestor of Lou M. Fowler, who then owned legal title on [blank] 1872.
ACT OF EJECTMENT: Samuel Preston Fowler and Annie Rachel Comer and Sam Comer vs J. M. Gipson York, a minor and William York his guardian and Howard H. Herod.
Brought suit to recover land. All signed, "By E. L. Gardenhire".
AFFIDAVIT TO ACT OF EJECTMENT: State of Texas, County of Wilbarger on this day appeared Samuel Preston Fowler and made oath the above was true. 25 August 1896. s/s Sam P. Fowler
ANSWER: Sam P. Fowler, Rachael Comer and husband Son Comer to Cross Bill of Complaint by J. M. Gipson York and Wm York, guardian.
V. C. Lee bought land of V. M. Fowler. Deny omission of Son M. Fowler was a mistake by the draftsman. Said V. M. Fowler was conveying only his interest.
V. C. Lee died probably in 1891, deny land descended to his children. Lee had no valid title.
END OF REEL #72
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