CHANCERY ADDENDA III.
SQUIRE B. LEE/COZORT

Jonathan Kennon Thompson Smith

Mr. Jonathan Kennon Thompson Smith of Jackson has published seven genealogical miscellanies for Henderson County.  He wishes to share this information as widely as possible and has granted permission for these web pages to be created.  We thank Mr. Smith for his generosity.  Copyright, Jonathan K. T. Smith, 2001

(Page 80)

While it was not uncommon for male slaves to be allowed to earn money with which to buy their wives and children from slaveowners, their own masters or others, in antebellum times, it is almost unheard of for a slave to have bought real property. For that reason the actual entry dealing with SQUIRE B. LEE's purchase of land, 206 acres in old Civil District 9 of Henderson County, from HENRY MORRIS (prior to the latter's death in 1851) is reproduced here from Henderson County Chancery Court Minute Book 8, pages 237-238:

 

(Page 81)

 

(Page 82)

 

As the chancery record reveals SQUIRE B. LEE left three surviving children, ADELINE (born about 1845), wife of WILOBY TAYLOR, BABE MORGAN (a daughter), and MARTHA, wife of JOSIAH MITCHELL. The slave, SQUIRE, is given as SQUIRE COZORT, aged 70 years, native of North Carolina, being in the household of WILOBY TAYLOR and family in the 1870, June 18, U.S. Census, Civil District 14, Carroll County, Tennessee, page 448; this being near the boundary of Carroll and Henderson counties and their civil districts 14 and 9, respectively.

 

(Page 83)

The Clerk and Master, in explaining disbursements made to the three heirs, made his report, dated April 5, 1887 (Henderson County Chancery Minute Book 9,page 7):

 

HENRY MORRIS, SQUIRE'S benefactor, was married to PIETY, a daughter of ROBERT COZORT and his wife, CHARLOTTE, who were married in Orange County, North Carolina early in 1815,the same year PIETY was born. This family migrated to and settled in Civil District 9 of Henderson County where PIETY married HENRY MORRIS as his second wife in 1841. Judging from the various censuses, ROBERT COZORT was born about 1782 in North Carolina; he died sometime in the 1860s.

It seems likely that the man SQUIRE took the name LEE after emancipation although he came out of bondage as SQUIRE COZORT and, so appears in the 1870 census. Mr. ROBERT DONALD TAYLOR, JR.,one of the Tennessee Room librarians, Jackson-Madison County Public Library, Jackson, Tennessee, is a great-grandson of ADELINE and WILOBY TAYLOR. His research leads him to postulate that SQUIRE was one of the two male slaves owned by ROBERT COZORT, enumerated in the various censuses by gender and age. It may be that SQUIRE, in order to enjoy a marital relation and become head of a family, gained a wife from one of the local MORGAN slave families. A seemingly reliable tradition in the TAYLOR family has it that ADELINE SALINA TAYLOR was a MORGAN and the appearance of a sister named BABE MORGAN in the chancery record at the least fortifies this tradition.

From surviving deed and tax records it is reliably reported that the 206 acres the man SQUIRE purchased from. HENRY MORRIS was located about 2.5 miles northeast of Wildersville, near the ridge and bottom land now owned by JACK CARY on the north side of Morris Cemetery Road. The now-abandoned black cemetery of that name is sited on a small portion off this 119 acres and indeed HENRY MORRIS son, BENJAMIN F.MORRIS and his wife, NANIE, are also buried there. It is quite possible that SQUIRE B. LEE/COZORT who died sometime in the 1870s has his final rest in this old white-black graveyard.

REFER TO CHANCERY BOOK 8, PAGES 236-238 JOSIAH MTCHELL and OTHERS v BABE MORGAN

 



[The following transcriptions of the documents above are for ease of reading and are not part of the Miscellany.]

 

Report of the Clerk and Master to the March Term 1884

The undersigned would most respectfully report that in obedience to the Decree of Reference referred to him in the above cause at the present Term of this Court that he proceeded immediately to comply with the order of Said Decree and had F. W. Morris and Lewis Owens summoned to appear before him and taken their Depositions in said cause and which is here refered to with the other proof on file in this cause therewith submitted.

He would report as follows to wit:
First — The proof shows that there is 206 acres of land belonging to the Said Squire B. Lee at his death and that the same was bought be him while a Slave from one Henry Morris Decd and at the death of the Said Henry Morris in his Will instructed his Executors to make a deed to Said Land to the Said Squire B. Lee when called upon and the proof clearly shows that Squire B. Lee after he gained his freedom took control of said 206 acres and used it — paid taxes on it — until his death and also that the said Henry Morris estate has been wound up and the land divided among his heirs or legatees or at least the land was sold by order of this Court and the proceeds arising from said sale was distributed among them and in said sail distribution said 206 acres was not taken into consideration as it belong to said Squire B. Lee (for which see the Deposition of F. W. Morris).

SecondHe would report that the tract of land contained about 206 Acres and that the proof shows that is is what is called the ridge land interspersed with small bottoms or hollows running through it and that the soil is thin and that it is tolerably well timbered but that the timber is on such kind and quality and quality & quantity that it is not of much value. Also that it is very poorly watered there being no running water on said land during the summer and fall months the proof shows that there is about 25 Acres of cleared land in the place and in cultivation and two log houses and a well and some other improvements.

ThirdHe would further report that it would be manifestly to the parties in interest for said land to be sold and the proceeds arising from the said sale to be divided among them for the reason that the proof shows that it is thin land and that the same is poorly watered having no running water during the part of the year it is mostly needed. Also the proof clearly shows that taking everything into consideration that it would not more than make one good home for one family and that there being several heirs or legatees interested in said estate cannot be divided in kind so as to give each one a home therefore these reasons I would report that it would be greatly to the parties in interest for said land to be sold and the proceeds divided among them.

All of which is respectfully submitted March 31st 1884
Filed March 31st 1884 W. F. Brooks C & M
which said ______ being ______ to is in all things confirmed by the Court and made a part of this decree.

And it appearing to the satisfaction of the Court from the report of the Clerk & Master proven that the lands mentioned and described in the pleadings in this case cannot be advantageously divided in kind among the entitled thereto and it further appearing that it would be manifestly to the interest of his heirs and distributees of the said Squire B. Lee that the said land be sold for partition and distribution among his heirs and distributees.

It is therefore ordered adjudged and decreed by the Court that the Clerk & Master as soon after the ______ of the court as convenient will proceed to sell said land after advertising the same for thirty days by written, printed handbills in 4 or more public places in said county one of which shall be in the district where the land lies & one at the Court House door in Lexington according to Law and sell the same at public auction at the Court House door to the highest & best bidder on a credit of 9 & 18 months except cash enough will be required on the day of sale to pay the cost of this cause & attorney fees.

The Clerk & Master will after deducting the cash payment from the amount at which the land is struck off require two noted from the purchaser of equal amount due respectively in 9 & 18 Months with good & approved security and retain a lien on the land for the payment of the same said land will be sold ____ [face?, free?] from the Equity of redemption or the right of repurchase.


 

 

Josiah Mitchell
et al.
vs
Babe Morgan

In Chancery Court
at Lexington, Tennessee

Report of the Clark & Master
at the April Term 1887

The undersigned would most respectfully report that W. B. Hester the purchaser of the land in this cause has paid his two purchase money notes of $90.76 each except $40.00 which belongs to him he owning the interest of Wiloby Taylor & wife in said land by purchase for which he has a deed and ask that his notes be cancelled and returned to him. I have also paid to Babe Morgan her interests and have here receipts now on file in my office, though the interest of Josiah Mitchell & wife interest amounting to $40.00 is still in my hands they being in the ____ [safe?] I own. I have informed him by letter that the money is ready for them but never have heard from them, and all the Court & Attys fees have been paid.

All of which is respectly submitted March 31st 1887

W. F. Brooks, C & M


 

Other works by Jonathan K. T. Smith can be found at the Madison County Records Repository at TNGenWeb.

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