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DEPOSITIONS [No date]:
P. H. Burton age 50, live 14th Dist on land involved in this case. My father was G. W. (Wash) Burton. He died March 6, 1888 is my recollection. He owned the land in this case. My mother was Martha L. Burton. She died in June 1904. She owned and controled [sic] the land after his death as a homestead. I rented it from her.
Only two of fathers children are living at this time my self and O. P. Burton who lives in Wilson County [TN]. He had other children as follows
A daughter Mary is dead who intermarried with Jeff Sircy she left complainant Drury Sircy and Alta Sircy who intermarried with Henry Brown and Weston Burton who was born to Mary before she married Jeff Sircy.
Howard Burton another son. He is dead and left two children Littleton C. Burton and Vadie his daughter married Johnny Sircy and she died without having any children.
Another daughter Thula who intermarried Wade Donoho she is dead and left six living children surviving her to wit Nettie Donoho who married Lou Witt, Charley Donoho, Minnie Donoho I understand she Minnie has since this bill was filed intermarried one Grover Hall, Harly Donoho, Cancel Donoho and Callie Pearl Donoho. These six children are minors except the first named.
Another son Robert Burton is dead. He left these children Levy Burton, Burford Burton and Murphy Burton sometimes known as "Kit" Burton the last two are minors.
Making six children of G. W. Burton deceased in all. None of the minors have regular guardians. The above named are the only children and grand children.
I understand there is 86 acres, no encumbrances, past due taxes, etc. No outstanding debts against fathers estate. Is best to sell and divide proceeds than to divide the land.
Mary Sircy had a son named Weston Burton who was born before she married Jeff Sircy. Weston is a half brother to complainants Drury and Alta Brown.
I paid Wade Donoho $10 for burial expenses for mother and to Dr. Charley Donoho for waiting on mother in her last illness $8. Mother had no personal effects. She divided her personal effects when she broke up housekeeping.
/s/ P. H. Burton
M. F. Butler age 48, live Salt Lick Creek 14th District. Known the Wash Burton farm 23 years, live about three miles. Don't think the land could be advantageously partitioned. Would rent for about $40 [annual].
/s/ M. F. Butler
Robert L. Butler age 39. Known Wash Burton farm pretty well all my life, live about one mile. Fences in bad shape and no timber on the land with which to fence it but plenty of rock.. No lasting Spring but several wet weather springs. $400 fair minimum value.
/s/ Robert L. Butler
R. J. Blaikley age 39, live 14th District adjoining the farm, known it about 15 years. $400 fair minimum value, $40 per annum minimum rent.
/s/ R. J. Blakley
C & M REPORT: G. W. Burton deceased had six children.
[1] Defendant P. H. Burton is a son and entitled to one-sixth.
[2] O. P. Burton is a son and entitled to one-sixth.
[3] Mary a daughter intermarried and died leaving children Drury Sircy, Aletha Sircy married Henry Brown, and Weston Burton who was born to Mary before she married said Jeff Sircy. Said three are entitled to one-sixth together or 1/18 each.
[4] Howard Burton an other son is dead and left two children Littleton C. Burton and Vadie intermarried with Johnsy Sircy and who died without issue which leaves 1/6 to Littleton C. who has sold and deeded same to A. M. Carter.
[5] A daughter Thula intermarried Wash Donoho is dead and left six children. Nettie married Lou Witt, Charley Donoho, Minnie Donoho married Grover Hall since bill was filed, Harley Donoho, Cancel Donoho and Callie Donoho all minors except the first two entitled to one-sixth of whole or 1/36 each.
[6] Robert Burford a son is dead and left three children. Levy Burton, Burford Burton and Murphy Burton known as Kent [or Kurt - mlj] Burton, last two minors. Entitled to one-sixth of whole or 1/18 each.
G. W. Burton died seized and possessed of land in Dist. 14 bounded by Roland Blakely, south by Ellis Reece, east by Estro Burton, west by George Lee and perhaps others, 90 acres more or less. The deeds on file encompasses a portion of the tract known as Ben Fuquay tract of 238 1/2 acres. September term 1905.
REPORT OF SALE: Advertised "The Gainesboro Sentinel"... sold 28 October 1905 to F. A. Kelly, the highest bidder for $605, paid cash percent of $151.25... two notes for balance. 28 Oct 1905.
REPORT: Matilda Ragland now deceased is indebted to Elisha Sisco for $222.50 by account on 24 April 1880. Matilda Ragland died 24 April 1880 intestate, leaving no personal estate and no one can be procured to administer on her estate. She died seized and possessed of a tract in 4th District. O. D. Boswell and [Blank] Boswell are only heirs, that they are non-residents of the State of Tennessee, that said debt is due and unpaid, asks that said land be attached. July 17, 1885.
BOND: Elisha Sisco and J. B. Wilson to O. D. Boswell and [blank] Boswell, heirs at law of Matilda Ragland.
/s/ Elisha Sisco, /s/ J. B. Wilson
BILL OF COMPLAINT of Hubbard Sisco against Nettie Sisco both of Jackson County. On 11 March 1877 intermarried each other. March 1877 defendant willfully without cause abandoned him. Petitioner requested she return and she did after much solicitation. 20 April 1877 she again maliciously and willfully abandoned... more than two whole years.
Came before me and made oath... due to poverty he is unable to bear expense... bill against Netty Scisco. Charges not made out of levity or collusion with defendant. 23 May 1879.
Hubart [his X] Scisco
DECREE entered Minute Book, page 338. Bonds of matrimony dissolved.
ANSWER of Mary Sisco to Bill of Complaint. Married Jackson Co. May 1859, never lived happily as man and wife... fault was not hers. Always treated him affectionately. He treated her unkindly... staid [sic] home but little and never furnished means of support... left her with the declared intention of forsaking and abandoning her. Before this bill was filed he charged her with same act of adultery as [in] this case, which was dismissed and he returned and lived with her for a while.
Respondent admits she is a high tempered and free spoken woman - and when aggravated by the dissipation neglect and bad treatment of her husband she may have scolded him... was justified. Absented himself two and sometimes three weeks at a time, return home drunk, would curse and abuse respondent and charge her with libidinous conduct with other men.
Respondents charge of adultery with John Lee is absolutely false... slander on her reputation.
Came Mary E. Scisco... facts stated are true... not out of levity or collusion. Owing to poverty she is unable to bear expense of this suit.
Mary [her X] E. Scisco
BILL OF COMPLAINT of Sanders Sisco against Mary E. Cisco... about two years ago last May he intermarried Mary, cohabited as man and wife up till about two months ago with the exception of having been parted as many as three or four times.
About two months ago he was lying upon the bead [sic; probably bed] of affliction, unable to wait on himself when defendant left him lost in this helpless condition and went off with one Jack Burton in a cart covered over so as to hide her frame... guilty of adultery with one John Lee and probably more... taken a finger ring out of orators pocket and gave it to the said John Lee.
Came Sanders Sisco... above true... owing to poverty he is unable to pay expenses. 8 Oct 1860.
Sanders [his X] Cisco
CAUSE HEARD 3 July 1876. Presiding Hon. M. B. Young, Judge - with J. H. L. Brown, W. W. Birdwell, Asel Duncan, B. G. Keeling, R. P. Scott, J. M. Clark, John A. Motley, E. C. Stamps, John M. Loftis, J. M. Allard, R. G. Herring, W. B. Young, D. H. Armstead, B. G. Chaffin.
Cause of Sarah M. Scisco to revoke the order apprenticing William Scisco to defendant Hubbard Scisco made September term 1875. Sarah M. Scisco is the mother of Wm Scisco. That she is able and competent to raise and support said Wm, that Wm was apprenticed without her knowledge and consent and on that account the same is null and void.
BILL OF COMPLAINT of Lizzie Skimmihorn against Henry Skimmihorn both of Jackson County. Married in Jackson County about 8 years ago, together until about 3 weeks ago, defendant willfully and maliciously abandoned... without means... had to depend on her father who is indigent and has a very large family. Defendant abandoned her when she was sick in the bed and had it not been for her father dont know what would have become of her... cruel and inhuman treatment... cursing, abusing and sometimes whipping her...
As issue of their marriage they have one child Maggie Ann about two years old, asks custody and control, defendant unfit... Bonds of matrimony dissolved and her name changed from Skimihorn to maiden name Rush... rights of single woman. Not made from levity or collusion with defendant... due to poverty unable to bear costs. May 14, 1892.
BILL OF COMPLAINT of A. M. Ferguson of Jackson Co. and J. H. Young of Trousdale Co., TN against Laton Williams of Jackson Co., Samuel G. Slaughter of Putnam Co. and Sopha Deene of Smith Co., TN.
On 6 May 1861 Samuel G. Slaughter was appointed at May term administrator debonis non [distribute remainder of property - mlj] with will annexed of James Young deceased with Complainants his securities in amount of $15,000. Samuel G. Slaughter has not made settlement. He commenced to make a settlement October term 1870 which is not yet completed... inaccuracies & errors...
Appears on 25 May 1861 said Administrator recovered of W. M. Young the Executor of James Young who resigned his trust as such the sum of $1397... received several thousand dollars from hire of negroes, rents of land, etc. Administrator Slaughter has been selling off property for some time that he has left a fine farm that belongs to his wife and removed from Jackson Co., TN to Putnam Co. Complainants cannot state the precise amount of his liability as Administrator... Slaughter has not been collecting debts...
S. G. Slaughter has in the hands of defendant Laton Williams about $1000 cash and notes... defendant Soph Deene is indebted to said Slaughter $200 - $300.
S. G. Slaughter is owner of a tract in Macon Co., TN upon which is situated a Tan yard, Tanners implements, a Bark mill etc. on the headwaters of War Trace Creek bounded by land of Wm Dycus and others.
PETITION of Samuel G. Slaughter and wife against Margaret Young & others... Petition to partition land of James Young deceased was not filed by himself and wife alone but by other heirs... his wife was a daughter of James Young, deceased. 7 September 1877.
/s/ S. G. Slaughter
LETTER: Cookeville, Tennessee Aug 24 [or 26] 1872 to Z. VanHooser, Esq.
... Mr. Leroy Sutton and his son James being hire [sic; heir] and legatees of James Young deceased... having heard the Court House burned I send you a record from my books as administrator.
William M. Young had received more than any of the heirs the amount being $7396.00
Mr. Sutton and his children had received.......................................................... 6,417.00
Leaving a balance _ __ of which I drawn as purchaser of Joel Suttons interest 979.00
Mr. Sutton had received from me as administrator before the account was taken for his four youngest children $2000 being $500 each and the four oldest received as follows:
Joel Sutton $300, George Bacon and wife Adelle $300, James Sutton $320, C. N. Carmichal and wife Eliza $300 [Note that these children were due from will up to $500 each - mlj].
/s/ S. G. Slaughter
POWER OF ATTORNEY: State of Texas, Guadalupe County} We Crocket N. and Elizar J. Carmichael formerly Elizar J. Sutton appoint Leroy Sutton of the State of Georgia and County of Dade our true and lawful attorney... our distributive share in the Estate of James Young deceased, Jackson County, Tennessee. Acknowledged Guadalupe Co., TX, 21 September 1871.
/s/s/ Crocket N. Carmichael, Eliza J. Carmichael
POWER OF ATTORNEY: State of Georgia, County of Dade} We Richard and Addaville Martin formerly Addaville Sutton appoint Leroy Sutton our attorney to receipt our distributive share... estate of James Young deceased. Acknowledged Dade County, Georgia 10 Dec 1870.
SETTLEMENT [No date; possibly settlement referred to in Bill; October Term 1870 - mlj]:
Leroy Sutton & wife Elizabeth, advancements charged in will of James Young decd $3197
2 Davidson County bonds taken by Leroy Sutton as gdn for his younger children...... 2000
Payments by S. G. Slaughter as Admr, to the 4 oldest children [of Leroy Sutton]
Joel $300, C. N. Carmichael and wife Eliza $300, George Bacon & wife Adeville now Adeville Martin $300, James Sutton $320 [Total $1220]. Total advancements & payments of $6417.00
Sewel Newsom & wife Sarah to advancements charged in will of James Young decd $4020
1 state Bond by J. H. Young by request of decd $900
2 Davidson County Bonds of $2000.00 [Total advancements of] $6920.00
Oliver F. Young, advancements of $5000 & 2 Davidson Co. bonds of $2000
S. G. Slaughter and wife Aletha advancements charged in will of James Young decd $2950
Tract of land $943
2 Davidson County Bonds $2000
Amount paid by Administrator $1000, Total $6893.
James M. Young, amount charged will of James Young deceased $3963
2 Davidson County Bonds of $2000
Paid by Administrator $244.86, Total $6207.86
William M. Young, advancements charged, will of James Young deceased $4496.06
2 Davidson County bonds $2000.00.
Amount short in Settlement - administrator $900.00. Total $7396.00
Thomas R. Young, advancements charged, will of James Young, decd $4028
Paid by J. H. Young - request of dec $1000.00.
Two Davidson County Bonds $2000.00. Total $7028.00
Byrd S. [or L.] Young, advancements charged, will of James Young decd $3097
[This line blank except for amount - mlj] $2000
Payment by Administrator, $920. Total $6017.00
DECLARATION: Samuel G. Slaughter vs Joshua Haile and James M. McKinney. Plaintiff sues defendant on a bond executed 31 Oct 1860 by William Putty, Joshua Haile and James M. McKinney of $485 to Wm M. Young as administrator with will annexed of James Young, deceased.
Wm M. Young having departed this life letters of administration were granted to the Plaintiff [Samuel G. Slaughter]. 7 Mar 1866
RECEIPT of O. F. Young... $200 on my distributive share under the will of my father James Young [blank] 1873.
/s/ O. F. Young
Receipt of O. F. Young, $100 on my distributive share under the will of my father James Young. 28 Oct 1873.
/s/ O. F. Young
Receipt of I. H. Young $200 on my distributive share under the will of my father James Young. 28 Oct 1873.
Received of S. G. Slaughter and wife Margaret Young et al, $180 on my distributive share under the will of James Young deceased I being a grand son of Testator. 26 Aug 1872.
/s/ J. M. Sutton, Legatee and grand son of Testator
PAYMENTS made to heirs of James Young deceased [No date]:
- Ichabod Young & wife Nancy paid to their children:
- Haly Young $15.62 1/2
- Dulcinea Young $15.62 1/2
- Nancy J. Young $15.62 1/2
- Addison H. Young $15.62 1/2
- William Slate and wife Sarah $15.62 1/2
- Margaret Young $15.62 1/2
- [Total Amount Paid] 109.37 1/2
- Thomas R. Young 125.00
CAUSE HEARD 10 July 1895. Notice having been given, defendant failed to make defence [sic]. Bill taken for confessed. Married 15 September 1892 and defendant abandoned her. [Nothing else on film - mlj].
AMENDED BILL OF COMPLAINT of Jonathan Sloan & wife Nancy of Jackson Co., TN against George Jenkins, John Jenkins, Stephen Jenkins, Joel Richardson, Benjamin Witcher and wife Mary, Harvey Richardson, James A. Richardson, Martha Richardson and Thomas Richardson, Rebecca White, Matthias Swezea and wife Easter, Andrew Cowan and wife Margaret, Alex Robertson and wife Jane, Benjamin Richardson and wife Elizabeth, Thomas Jenkins, William Jenkins, Polly Jenkins, John Jenkins Jr., Rebecca Jenkins citizens of said County and State [Jackson Co, TN - mlj] Jacob Jenkins, George Jenkins Jr. of the State of Texas, David Richardson and John Richardson of the State of Illinois - defendants.
Complainant heretofore filed against defendants for equal distribution of the estate of Jacob Jenkins deceased, who died seized and possessed of the following tracts of land.
Homestead tract purchased of Armstead Stubblefield; tract bought of Cornelius Carver and a third tract bought of James Draper.
Said deceased left a widow Polly who died some time in the year 1851 leaving orators and defendants her heirs... considerable personal property.
Defendant Stephen Jenkins took it upon himself to execute or administer on the estate of said deceased she being the ancestor of six parties and took said estate into his possession and appropriated to his own... wasted... Some time after the death of Jacob Jenkins defendants George, John Stephen and others of said heirs over-influenced your Orators to agree to partition said lands between themselves to save expense of a court order... agreed and they signed deeds to defendants John and Stephen and to Carver and wife, also one to John and Stephen jointly - and for the share of orators they executed to them a deed to land on the east fork of War Trace Creek then in possession of one John Ray - who had possession adversely... had superior title... defendants procured them fraudulently to sign deeds... 10 Dec 1853.
DEPOSITIONS [No date]:
Richard P. Brooks about 45. Acquainted with land described in deed from Jacob Jinkins to George Jinkins dated 30 May 1836. In 1832 it was worth $250.
/s/ Richard P. Brooks
Pleasant Henly about 55. Know land for 40 years. No person lived on it. George Jenkins was the first that lived on it after it was cleared. 30 May 1836 it was worth $500.
/s/ Pleasant Henly
Alexander M. Fugusson age about 36. Know land conveyed to John Jenkins by deed dated 15 Jany 1849. Know land conveyed by heirs of Jacob Jenkins to John and Stephen Jenkins, deceased. 15 January 1849 it was worth $150.
/s/ A. M. Fergusson
DEED: I, James Brackin of Sumner County, Tennessee for $700 to Jacob Jenkins... tract in Jackson County... 240 acres in the 1st District on the north bank of Cumberland River... below the mouth of Jennings Creek (called Cub Creek) formerly Fishers Creek... 3 November 1817.
/s/s/ James Brackin Wit: Jesse Jenkins, Admiral White
Registered October 30, 1818.
INDENTURE: 30 May 1836 between Jacob Jenkins of Jackson County, Tennessee and George Jenkins his son of said county and state aforesaid... natural love and affection which he the said Jacob bears towards his son the said George Jenkins... his heirs and assigns tract... County of Jackson on Cub Creek bounded... double box elder at the mouth of the said Cub Creek marked with letters G J and G L... signed and sealed date above...
/s/s/ Jacob Jenkins Attest: John Jenkins, Wm Scanland
Registered 15 July 1839, Book E page 372.
INDENTURE 10 May 1832 between Thomas Harney [possibly Harvey - mlj] of Maury County, State of Tennessee and Jacob Jenkins of the County of Jackson, state aforesaid. Whereas 4 Oct 1830 the said Harney [or Harvey] executed to said Jenkins a bond... [Jenkins signed note for $300. On payment of note Thos Harney [or Harvey] will make a quit-claim deed to land in the boundaries of Selby Harveys large survey... to comprise lands adjoining the east boundary of Harneys large tract and which has been in possession of said Jenkins but is not to interfere with lands I have heretofore conveyed to other persons nor include what is called the ?Cat Spring tract.
/s/ Thomas Harney [or Harvey]
...and whereas the said Jenkins hath paid to the said Harney the said $300... I convey to said Jenkins... [No date].
/s/ Thos Harney Test: Wm Scanlane, ?S. W. Cassetty
Registered Book F pages 542 and 3
DEPOSITIONS 14 May 1855.
John Ray age 51. Know nothing of the transactions of heirs of Jacob Jenkins except what I heard from other persons.
/s/ John Ray
John McCawley age about 49. [Nothing new]
Eliza Dixon about 35. I knew Mary Jenkins in her lifetime. I was about the house every day. She said she intended everything she had there at her death for Stephen Jenkins except her clothes which she wished her daughters to have. She said they would have one apeace [sic]. I heard Jonathan Sloan say that [the] said [Jacob] Jenkins had give them a peace [sic] of land up the East fork somewhere.
/s/ Eliza T. Dixon
Elizabeth Sloan age 20.
Ques: Were you acquainted with the land that Jesse Jenkins got of his father in his lifetime.
Ans: Heard Jesse say it was worth $200.
Ques: Have you heard George Jenkins what his land on Cub Creek is worth.
Ans: [Negative - mlj].
Jesse Jenkins has been dead two or three years last fall.
Elizabeth [her X] Sloan
James Sloan age 22. I think John Jenkins has lived on his land about 10 or 12 years and stopped lived with his father ever since he was a child as far as I know and lives on the place yet the place where Stephen Jenkins lives on is worth $60 per year [annual rent] and John Jenkins place is worth $45-$50 per year.
Ques: How long before the death of Jacob Jenkins did Stephen commence croping [sic; raising crops] for himself.
Ans: I do not know if they croped [sic] together attall [sic] or not they all raised stock and fed together.
[Jonathan Sloan] lives on Salt Lick Creek on Wm Woodfolk land it is worth $40 per year.
It is my understanding Stephen Jenkins was born on the land where he lives.
Ques: Say what relation you are to Complainants.
Ans: They are my father and mother.
Ques: Did your father get bacon... from your grand father Jenkins.
Ans: He got bacon but he paid for it.
James [his X] Sloan
DEPOSITION 30 May 1856 of John Ray [No age].
Ques: Say if you had the land in possession before 1st January 1849.
Ans: I think... possession before that date... and from where the Edward Dycus corner is now...
Ques: State whether Jonathan and Mary Sloan are illiterate.
Ans: I suppose they are like common folk sensible enough my impression is Jonathan Sloan can read and wright [sic] and Nancy Sloan went to school at the same time I did but I dont know the extent of her education.
Ques: State whether there was not more than one Edward Dycus.
Ans: There was two Edward Dycus. I bought from the young man the son of the old man.
/s/ John Ray
DEPOSITION 7 Jany 156 of Logan H. McCarver, age about 42. I went to Jonathan Sloan and wife - offered to buy their interest in the landed estate Jacob Jenkins died seized and possessed.
/s/ L. H. McCarver
DEPOSITION 21 April 1856 of Benjamin Richardson, about age 61.
Ques: If you are acquainted with the land deeded to Jonathan Sloan and wife please say who has the same in possession... who had possession 15 Jan 1849, if you signed the deed with the rest of the heirs.
Ans: John Ray had the land in possession at the death of Jacob Jenkins. Jacob Jenkins went to him and told him he was trespassing on his land but John Ray still holds the same to this day. I expect that deed was signed by my consent I cannot wright [sic].
Jesse Jenkins had blacksmith tools.
Ques: Did not Jonathan Sloan sell his undivided interest in and to all the lands of Jacob Jenkins to Stephen Jenkins for half of a grist mill... seemed well pleased.
Ans: He did.
Ques: Did you not marry a daughter of Jacob Jenkins and is not she now living.
Ans: I marryed [sic] two of them and one of them is living.
Benjamin [his X] Richardson
DEPOSITION State of Illinois County of Perry} I have on this 22 day of November at the house of Logan H. McCarver at Tamaroa in the County of Perry, State of Illinois taken the deposition of Logan H. McCarver age 42:
After the death of Jacob Jenkins I went to Jonathan Sloan and proposed a purchase of the interest of him and his wife Nancy and offered him $150. They said they were on a trade with Stephen Jenkins for same and that it would insult his mother for them to sell to any other and that Stephen Jenkins was taking care of his mother.
I am acquainted with the character of Joel Richardson of Jackson County, Tennessee. I have known him for near 23 years - do not think I have lived more than 2 or 3 miles from him and he lived on my farm 2 or 3 years. I was borned in said county and lived in it 40 years. Character good. Never heard any person but Cornelius Carver give him a bad caracter [sic] and that was the day that he gave his deposition at Highland in the same suit.
/s/ L. H. McCarver
DEED: We, Rebecca White, Alexander Robinson and Jane Robinson have this day sold unto Stephen Jenkins all the rite [sic] title and interest... held in an undivided tract of land which Jacob Jenkins died seized and possessed on War Trace Creek in the 3rd District of Jackson County, TN and we Rebecca White, Alexander Robinson and Jane Robinson being lawful heirs of Jacob Jenkins, deceased do bargain, sell... unto Stephen Jenkins for the consideration of $500... tract contains about 600 acres and there are eleven lawful heirs making our several shares about 55 acres each. 11 October 1852.
/s/ Rebecca White, /s/ Alexander Robinson, s/s Jane Robinson
DEPOSITIONS 20 June 1856:
John Jenkins age 46. I signed... deed... as an heir of Jacob Jenkins. William D. Richardson, John Richardson and Thomas Richardson have not signed it that is all I know of. William D. Richardson was not of lawful age at the time that deed was made he has since become of lawful age and since sold his undivided interest and is now dead.
Martha Jane Richardson was not of lawful age at that time and she has since become of age and sold her undivided interest.
Ques: Who owns the land which purports to have belonged to Edward Dycus... who owns the Teel land, who owns the Hannah land and who owns the Hulin land and is it bounded on the east by the Hulin land.
Ans: I was along when Esqr Gore run that land out by the Draper deed... My understanding the land where the widow McCarver now lives was the Edward Dycus tract. James H. Carver owns the Teel land and A. M. Ferguson owns the Hannah land. I supose [sic] it to be the land that father deeded to George White and Dr. Ferguson owns... the Hulin land... Hulins line... [Think complainants live] about 1 1/2 mile from the land conveyed to them in the deed... 15 years or more.
I as administrator of Jesse Jenkins sold [blacksmith tools] as his property. Everyone said they were Jesse's.
/s/ John Jenkins
Stephen Jenkins age 33. Dont know anything about the corners or boundaries [in deed from heirs of Jacob Jenkins - mlj].
/s/ Stephen Jenkins
Cornelius Carver age 61.
Ques: What was the value of the Jenkins Mills.
Ans: Dont know the mill value. Was a weak stream, lack of water in dry weather.
/s/ Cornelius Carver
James H. Carver age 35. Dont think there is any land in the calls [of the deed from heirs of Jacob Jenkins to Complainants] that was not sold out of the Harney survey previous to the date of that deed.
Think the water is too low half the time to do business [at Jenkins Mill]. In the summer there is but little grinding.
/s/ James H. Carver
DEED of Joel Richardson to John Jenkins... sell my interest in landed estate of Jacob Jenkins deceased to which his mother Rody Richardson was entitled as one of the heirs of Jacob Jenkins deceased for $15.00. 30 July 1850.
/s/ Joel Richardson Attest: s/s Abram Procter, /s/ Stephen Jenkins
DEED of James A. Richardson to John Jenkins... sell my interest in landed estate of Jacob Jenkins deceased to which his mother Rody Richardson was entitled as one of the heirs of Jacob Jenkins deceased for $15.00. 25 April 1849
James A. [his X] Richardson Wits: /s/ Garret Veatch, /s/ Gabriel Sloan
Registered 1 December 1855, Book J, page 561, Jackson Co., TN
DEPOSITIONS [13 October 1856]:
Benjamin Richardson [First part missing. Las part concerns personal property of Jacob and Polly Jenkins owned at their death; no relationships - mlj].
Benjamin [his X mark] Richardson
Amanda Richardson age about 23.
Ques: Did you hear what fee James Draper is getting as Complainants attorney.
Objected to by James Draper, Sol. for Complainant: "She is the wife of one of the defendants".
John S. Quarles, Att: "I did not know - we will decline for the present taking this deposition.
Susan Davinport about age 56.
Ques: Who was present when attorney's fee of James Draper was discussed besides Jonanthan and Nancy Sloan.
Ans: Parmelia McGuire and Nancy Sloans daughters or two of them I think Lucretia and Lucinda. Lucretia was present I am not sure Lucinda was.
I am a sister of Benjamin Richardson and aunt to Joel Richardson, Harvy H. Richardson, Caleb C. Richardson, James A. Richardson, John Richardson, Thomas Richardson, Marthy Jane Richardson and Mary A. Witcher. I am not related to any other defendant that I know of.
Susan [her X] Davinport
AMENDED BILL OF COMPLAINT of Jonathan Sloan and wife Nancy Sloan of Jackson Co., TN against George Jinkins, John Jinkins, Stephen Jinkins, Joel Richerson, Benjamin Witcher and his wife Mary, Harvey Richardson, James A. Richardson, Martha Richardson, Thomas Richardson, Rebecca White, Matthias Sweazey and wife Easter, Andrew Cowin and wife Margaret, Alex Robertson and wife Jane, Benjamin Richardson and wife Elizabeth, Thomas Jenkins, William Jenkins, Polly Jinkins, John Jinkins Jr., Rebecca Jinkins of said County and State,
Jacob Jinkins, George Jinkins Jr. of the State of Texas,
Davidson Richardson and John Richardson of the State of Illinois defendants.
They filed for equal distribution of the estate of Jacob Jenkins, deceased died seized and possessed...
Tract purchased of Armstich [sic; possibly Armistead] Stubblefield,
Tract bought of Cornelius Carver
Tract bought of James Draper in all [blank] acres worth $5000-$6000 and perhaps more. On the home tract there is a salt well and once deceased was offered $100,000 for said lands your Orator would show that deceased left a widow that sometime in the year 1851 said widow Polly Jenkins died leaving your orator and said defendants her heirs. 10 December 1853.
DEED 15 January 1849 conveying land to John Jenkins and Stephen Jenkins [Listed in order shown as Grantor at top of deed; not necessarily order they signed - mlj]:
... whereas by Descent from Jacob Jenkins we
Jesse Jinkins /s/ Jesse Jenkins
George Jinkins /s/ George Jenkins
Nancy Sloan /s/ Nancy Sloan & husband
Andrew Cowan /s/ Andrew Cowan
Elizabeth Richardson /s/ Elizabeth Richardson & husband
Benjamin Richardson /s/ Benjamin Richardson
Jane Robinson /s/ Jane Robinson
Easter Sweazy /s/ Easter Sweazy and husband
Matthias Sweazy /s/ Matthias Sweazy
Joel Richason /s/ Joel Richardson
Harvey Richason /s/ Harvey Richardson
Mary Ann Richason /s/ Mary Ann Richardson
Caleb Richason /s/ Caleb C. Richardson
Alen Richason /s/ James A. Richardson
Marthy Jane Richason Did not sign, listed as grantor
John Richason Did not sign, listed as grantor
Thomas Richason Did not sign, listed as grantor
Attest: John A. Dycus, G. ?W. Veatch, M. G. B. Stubblefield
DEED: We, Mary Ann Richason, Caleb C. Richason and William D. Richason convey to Stephen Jenkins convey to Stephen Jenkins... for $100 our interest in the lands of Joseph Jenkins our grand father died seized and possessed... descended to us by our mother Rhoda Richardson who departed this life previous to the death of her father Jacob Jenkins, leaving us entitled to 1/9 part of one of the first heir's shares... 19 Feby 1850.
Mary Ann [her X] Richason, Calip C. [his X] Richason, /s/ William D. Richason
Witness: Abram Proctor, John Jenkins
DEPOSITIONS 12 July 1856:
Alexander M. Ferguson about age 37. Acquainted with Jonathan Sloan when he owned a part of the Jenkins Mill on War Trace. Think plaintiffs of lower intelligence than defendants.
/s/ A. M. Ferguson
Thomas Dixon age 28. I kept the mill in 1851 and 1852 for two years or something like that time. He [Jonathan Sloan] sold it before I quit keeping the mill.
/s/ Thomas Dixon
Joel Richardson almost age 39. I am a defendant but am not interested... dont know if I will have a part of the cost to pay or not.
Ques: Are you one of the heirs of Jacob Jenkins.
Ans: I am one of his grand sons and has sold my interest.
/s/ Joel Richardson
John Dixon about 38. Was at the administrator's sale of Jacob Jenkins deceased.
/s/ John Dixon
Benjamin Sloan age 33 [About condition of horse sold - mlj]. /s/ Benjamin Sloan
Richard Minchey age 39. I have attended it [mill on War Trace Creek]. Some days I have not ground any corn, some days 2 or 3 bushels. About one bushel per week breads my family. About one-third of the year could not do business for want of water.
/s/ Richard G. Minchey
DEPOSITION 20 January 1857 of E. H. Draper age 24.
Ques: Do you know the defendants Joel Richardson, James A. Richardson, Thomas Richardson, Caleb Richardson, Harvey Richardson, Martha Richardson, Davidson Richardson, John Richardson, Benjamin Richardson and his wife Elizabeth Richardson, Benjamin Witcher and his wife Mary Witcher
and also G. W. Veach, Esq, the commissioner whose name is signed to the deposition purporting to have been taken 24 November 1856 of Ovanda Richardson, John McGuire, Cicero L. Murphy, Thomas Bryant, John Ray, Thomas Huffines, William Jones and Willis Cornwell.
Say how G. W. Veach is related to the above named defendants.
Ans: I am acquainted with the parties.
Garret Veach's wife is a niece of Ben Richardson.
Also the above named Richardsons are cousins to Garret Veitch's wife.
Also Garret Veetches wife and John McGuires wife are sisters and
Garret Veitchs wife and Benjamin Witchers wife are cousins.
Ovanda Richardson is the wife of Caleb Richardson.
Thomas Dixons wife is a daughter of Rebecca White.
Also Rebecca White is a sister to Benjamin Richardson's wife.
Also Thomas Dixon's wife is cousin to Joel Richardson, Harvey Richardson, David Richardson, Caleb Richardson and John Richardson, Thomas Richardson, Marthy Richardson and Benjamin Witcher's wife Mary.
William H. Jones wife ["wife" is either smeared accidentally or purposely; they did attempt 'rub-outs" - mlj] and Joel Richardson's wife are akin I think.
William H. Jones wife is Joel Richardson's wife [sic].
/s/ E. H. Draper
BILL OF COMPLAINT of Jonathan Sloan and wife Nancy of Jackson Co., TN against
George Jenkins, John Jenkins, Stephen Jenkins of Jackson Co., TN, George Jenkins Jr., Jacob Jenkins of the State of Texas [blank] county, William Jenkins, Polly Jenkins, John Jinkins Jr., Rebecca Jinkins, Thomas Jinkins, Rebecca White, Matthias Sweazey and wife Easter, Andrew Cowin and wife Margaret, Alexander Robertson and wife Jane, Benjamin Richardson and wife Elizabeth, Benjamin Witcher and wife Mary, Joel Richardson, James A. Richardson and Thomas Richardson of the said state of Tennessee and County of Jackson, Harvey Richardson, Caleb Richardson, Martha Richardson, Davidson Richardson and John Richardson of the State of Illinois heirs at law of Jacob Jenkins deceased.
The said John Richardson, James A. Richardson, Thomas Richardson, William Jenkins, Polly Jenkins Jr. and Rebecca Jenkins are minors - no regular guardians and together with above named George Jr., Jacob, Mary, Joel, Harvey, Caleb and Thomas are the children of a deceased daughter and son of Jacob Jenkins deceased. That he departed life some time in the month of August 1848. September term George Jenkins was appointed administrator.
Jacob Jenkins in his lifetime made advancements to many of said heirs... to the said [numbering is mine - mlj]
[1] George Jenkins
[2] Jesse Jenkins son of said deceased who is now dead who was the father of said Jacob, George Jr., Thomas, William, Polly, John Jr. and Rebecca [Jenkins] land and other valuable property.
[3] To Andrew Cowin and wife a tract of land
[4] Alex Robertson and wife Jane a tract of land and other property
[5] Benjamin Richardson and wife considerable other property
[6] Matthias Sweazea and wife land and other property
[7] Rebecca White land and other property.
DEPOSITIONS:
Andrew Cowan age 45 [Nothing new]. Andrew [his X] Cowan
Margaret Cowan age 55. I have heard my father say that the line on the top of the ridge [was his property line]. Jacob Jenkins was my father.
Margaret [her X] Cowan
Elizabeth Richerson age 51.
Ques: State all you know of personal property left by your father Jacob Jenkins at his death.
Ans: ... cupboard as old as I am... [other items].
My sister Nancy [or Naney] told me she would rather have her half of the mill than the portion allotted to me.
Elizabeth [her X] Richason
Andrew Cowan age 41. Only thing I know [that George Jenkins administrator of Jacob Jenkins - mlj] was what was in the old woman's [Mary "Polly" Jenkins - mlj] dowry - two beds and some kitchen furniture.
Andrew [his X] Cowan
Benjamin Richardson age 60. Jonathan asked me to be surety for this suit. I told him no Jonathan it will break you. He told me he would plead the poverty. I told him he would have attorney fees to pay. He said if he gained it he was to pay Draper $100 and if he did not, nothing. I am one of the defendants.
Ques: Is Joel Richardson your son and the son of your first wife who is dead who was the daughter of Jacob Jenkins deceased.
Ans: He is a son of my first wife... he sold his interest.
I did not tell James Sloan that George Jenkins said he would put Jonathan Sloan in the penitentiary [for giving false testimony] or anything like that.
Benjamin [his X] Richardson
Ovanda Richason age 23. [Nothing new - mlj]. Ovanda [her X] Richardson
Broddus Gains about 63. Jacob Jinkins bought the land from James Brackin and gave $650 for it and he divided it between George Jinkins and Jesse Jenkins there was no improvements on it. They have had it in possession 30 years or more. In 1846 it was worth $10 per acre.
/s/ Broaddus Gaines
Sampson Gaines about 30. [Land value testimony - mlj]. s/s Sampson G. Gaines
John Jenkins age 45.
Ques: When the heirs made the deed to Jacob Jenkins landed estate who were minors.
Ans: Think four - Davidson Richardson, Martha Richardson, John Richardson, Thomas Richardson. They was the children of Roda Richardson and she was a daughter of Jacob Jenkins and Rody Richardson was dead at the time the deed was executed. Benjamin Richardson there [sic] Farther [sic] was living.
He put Benjamin Richardson and Roda Richardson in possession of land to go to their children after her death... bounded by the creek and the top of the Bluff on the east, on the north by McCarvers on the west and south by Patsy Graves and James Carvers line to the mill track [sic].
/s/ John Jenkins
Montrovel G. B. Stubblefield age 29. [Land value - mlj]. s/s M. G. B. Stubblefield
DEPOSITIONS 24 November 1856.
John McGuire about age 32. [James Draper's contingency fee - mlj] /s/ John McGuire
William Jones age 54. Known Joel Richardson since infancy and last two years lived within 1 1/2 mile. Good Character.
/s/ Wm H. Jones
Cicero L. Murphy [No age given]. Joel Richardson's character good. /s/ C. L. Murphy
John Ray about 53. Known Joel Richardson all his life, live four-five miles, character good.
/s/ John Ray
Thomas Bryant age 45. Joel Richardson's character is good; we went to school together.
/s/ Thomas Bryant
Thomas Huffines age 38. [Nothing new - mlj]. /s/ Thos Hufhines
Willis Cornwell age 29. Well acquainted with Joel ten years, character good, live one-fourth mile. /s/ Willis Cornwell
DEPOSITIONS 1 October 1856 at Highland, Tennessee
Cornelius Carver age 61.
Ques: Say if Daniel Huddleston, Oliver Young and Joseph Davenport are alive.
Ans: Daniel Huddleston is dead. Young lives in Hickman, Kentucky. Davenport lives in this county.
I have no unfriendly feelings against Joel Richardson.
Ques: Say whether or not you are prejudiced against him on account of his having been a witness in the Circuit Court against your son James.
Ans: Not that I know of... always been friendly.
/s/ Cornelius Carver
James Carver age 35. Could not give [Joel Richardson] credit. He was a witness against me.
/s/ James H. Carver
Joseph Carver age 42.
Ques: Are you the brother of James Carver...
Ans: I am.
Ques: Does Joel Richardson live in the neighborhood of many of his kin.
Ans: John and Stephen Jenkins is his kin and the Lee family are of kin to him by marriage and Susan Davenport's family are his.
I live about four miles from this place highland [sic; Highland, Tennessee - mlj].
/s/ Joseph Carver
DEED 4 September 1852 from Martha Jane Richardson to John Jenkins for $15 her interest in estate of Jacob Jenkins which her mother Rody Richardson was entitled to as one of the heirs of the said Jacob Jenkins deceased.
Martha Jane [her X] Richardson
RECOPIED DEED 15 January 1849 conveying land to John Jenkins and Stephen Jenkins [part of Jacob Jenkins property; same as deed mentioned above, grantors in order listed - mlj]: John Jenkins, Joel Richardson, Nancy Sloan, Jonathan Sloan, Margaret Cowen, Andrew Cowen, Benjamin Richardson, Elizabeth Richardson, Mary ann Richardson, Caleb C. Richardson, Jesse Jenkins, Rebecca White, George Jenkins, Ester [sic; spelled Easter in original deed - mlj] Swesy, Jane Robinson, Alex Robinson, harvey Richardson, Matthias Sweazea, James A. Richardson.
CAUSE HEARD: F. K. Hamilton, A. C. Hamilton and R. A. Cox, Administrator of James Roberts deceased and L. W. Oglesby.
Since commencement of this suit A. C. Hamilton has died... suit has been revived against J. L. Maxey his administrator.
Defendant F. K. Hamilton has also died since suit commenced and same has been revived against James Hamilton his administrator.
Defendant F. K. Hamilton on 10 November 1859 executed to Complainant Ellen Smallman who was then Ellen Hamilton his note due twelve months after date for $164.76... afterwards defendants F. K. Hamilton and L. W. Oglesby fraudulently got possession of said note and Oglesby and James Roberts the intestate of R. A. Cox agreed in writing that in the event of litigation they would pay the same in equal proportions. Complainants have a right to recover of defendants with interest.
DEPOSITION 30 June 1869 at McMinnville, Tennessee:
Ellen Smallman [Blank] years.
Ques: State if you formerly lived in Jackson County, Tenn and were acquainted with James Roberts and A. C. Hamilton.
Ans: I lived in Jackson County and was acquainted with Mr. Hambleton and he was my father in law. F. K. Hamilton executed his note to me in the year 1859 for about $164 for a horse, hogs and oats.
Ques: State whether you transferred said note to James Roberts.
Ans: I never transferred said note or authorized anyone to do it for me. I was uneasy about my note on F. K. Hamilton and went to his father A. C. Hamilton to become security on the note and he declined and said he and Mr. Roberts would give me a receipt for the note if the money was not paid.
DEPOSITION 20 July 1869, McMinnville:
J. J. Womack age 25. I saw the agreement on back of the note made by F. K. Hamilton to Ellen Hamilton... the agreement was signed by James Roberts and A. P. Green, agent of L. W. Oglesby.
/s/ J. J. Womack
BILL OF COMPLAINT of Ellen Smallman formerly Ellen Hamilton of Warren County, Tenn against F. K. Hamilton, A. C. Hamilton and R. A. Cox administrator of James Roberts deceased of Jackson County and L. W. Oglesby of the State of Texas. F. K. Hamilton executed a note to her 10 November 1859. On 2 May 1861 she delivered said note to A. C. Hamilton and James Roberts, deceased for collection... took their receipt [for the note]... no money has been paid... she believes it was fraudulently transferred to James Roberts in her name.
ANSWER of F. K. Hamilton, A. C. Hamilton, R. A. Cox, administrator of James Roberts, and L. W. Oglesby. At time of filing, Ellen Smallman was married and is still married to James Smallman of Warren County, Tennessee and he has not joined her in the suit. 26 Feby 1867.
ANSWER of Respondent L. W. Oglesby... states note was properly transferred to James Roberts by Complainant, then Ellen Hamilton who at that time was a widow... and seeing her own proper signature... believed legal.
ANSWER of Ferdinand K. Hamilton and Adam C. Hamilton. True Respondent [F. K. Hamilton] on 10 November 1859 made a note for $164.76 payable to Complainant who was then a widow, Ellen Hamilton. Does not know if it was given to James Roberts and A. C. Hamilton for collection or not - he was absent from home in the South at the time. When he returned home James Roberts showed him the note and assignment... Respondent denies he ever signed a receipt for the collection of the note... never had it in his possession, knows nothing about it. 9 October 1867.
AMENDED BILL OF COMPLAINT of James M. Smallman and wife Ellen Smallman... on or about November 1863 complainants J. M. Smallman and Ellen became husband and wife, still in that happy relation... asks he be made a party to the suit.
NOTICE TO SHERIFF: James M. Smallwood as Receiver of James Eaton and wife against James W. Lock and others filed their bill of complaint 31 Dec 1872 against John W. Blakly, A. S. Lock, Newton Moore and James Eaton and wife Polly Ann Eaton praying for writ of attachment... 86 barrels of corn on property of John W. Blakely, about 100 barrels of corn on property of A. S. Lock, also about 60 barrels of corn in possession of Newton Moore. Corn was raised on the Lock farm in 1872 and is attached to satisfy a lien for rent.
BOND: David K. Fink as principal and John P. Murray, B. B. Washburn, Job M. Morgan, A. W. DeWitt, Wm M. Picket, M. B. Young and M. G. Butler to State of Tennessee for $5000 and David K. Fink, John P. Murray, B. B. Washburn, Job M. Morgan, A. W. DeWitt, Wm M. Picket, M. B. Young and M. G. Butler as Security jointly for $5,000.
Said David K. Fink was this day brought by N. B. Young Esq on a charge of murder. 4 Feb 1875.
SIGNATURES ON BOND: D. K. Fink, M. G. Butler, John P. Murray, B. B. Washburn, M. B. Young, A. W. DeWitt, J. M. Morgan
GRAND JURY INDICTMENT May term 1875. Granderson Smallwood, late of Jackson County by the accident of being thrown from a horse... had the lower bone of his left arm broken and David K. Fink a pretended and irregular physician being then and there present when the accident occurred voluntarily undertook... setting and treating of wounded and broken arm of Granderson Smallwood... on 26 January 1875. David K. Fink made splits [sic] of ____ board and with new cotton or domestic bound up... as to necessarily stop the necessary and proper circulation of the blood... became gangrenous... languish from 26 January until 1st Feby did die in said County and State.
NOTICE: Nannie Smallwood this 2 Feby 1875 has brought action against David K. Fink for personal injuries inflicted upon her husband Granderson Smallwood... for herself as widow and the infant daughter of said deceased named Martha B. Smallwood for the sum of $10,000.
Nannie [her X] Smallwood
SETTLEMENT: Nannie R. Smallwood, Administrator of W. G. Smallwood, deceased states no assets have come to her hands as Administratrix, and there never were any assets. 4 June 1877.
Nannie [her X] R. Smallwood
BILL OF COMPLAINT of Amanda Smith against Martin Smith, both of Jackson County. Married in Jackson County 2 August 1886, together for a short time and defendant abandoned her... neglected to provide... asks bonds of matrimony be dissolved... rights of single woman.
Allegations not made out of levity or collusion... owing to poverty she is unable to bear expense. November 6, 1866.
Amanda [her X] Smith
CAUSE HEARD of Amanda Smith against Martin Smith... defendant abandoned complainant, failed to provide... judgment for confessed [failed to appear]... bonds of matrimony dissolved... rights of single woman restored... defendant to pay cost. [This appeared following the next case - mlj].
[NOTE: This next case was in the same folder, but appears to be a different wife if not a different couple - mlj]:
CAUSE HEARD of Martin Smith against Sarah Smith. On this 30 September 1885 upon bill and publication... order pro confesso [she failed to appear]... the parties have been together in the bonds of matrimony... defendant had been guilty of the charge of Adultery... bonds be dissolved and complainant Martin Smith restored to the rights of a single man. [No bill of complaint filmed - mlj]
BILL OF COMPLAINT of B. A. Smith of Jackson County, and W. H. Botts of the State of Kentucky against J. K. Buchanan of Jackson County, Tennessee. Orator B. A. Smith on 20 December 1870 sold to J. C. Buchanan a tract of land in Jackson County on both sides of the road from Gainesboro to Livingston, Tennessee known as the Kendall place being the place on which I resided for several years. Orator took two notes for purchase of $300 and $200... gave to defendant a title bond, agreeing to make title upon payment... the purchase money when paid was to be paid to William H. Botts... B. A. Smith's indebtedness to W. H. Botts remains unpaid, asks land be sold..
REPORT OF SALE September term 1875 sold by decree to W. H. Botts the highest bidder at $314.25. Land presently occupied by Ellis Carlisle.
NOTICE TO SHERIFF: B. A. Smith is Plaintiff and Sam and Sallie Chapman are defendants... at May term 1883 it was proven to the court that Sam Chapman was dead and had been for more than six months, no one to administer on his estate and that Daisy Chapman and Samuel Chapman are his only children... appear and show why this should not be revived against them.
DEED OF TRUST: To the purpose of securing H. H. Loftis who is my Security, I heretofore executed to Logan H. McCarver for $137.50 I hereby convey in trust [personal property including yoke of oxen and a steer]... if I fail to pay note... sell property and pay. 1 Sept 1879.
Samuel [his X] Chapman
BILL OF COMPLAINT of Henry Loftis of Jackson Co. against John Reed of Jackson Co. Samuel Chapman is now dead. Oxen covered by deed of trust are in possession of John Reed. 3 Apr 1882.
/s/ H. H. Loftis
AFFIDAVIT: Defendant Sam Chapman makes oath that his wife Sallie is in delicate health... will not be able to appear on the day set for trial without jeopardizing her health. Further desired evidence of John Chapman and Michal Chapman of Clay Co., Tennessee. 17 Dec 1881.
BILL OF COMPLAINT of Eliza Smith and Joel Hendley filed against J. R. Julian and wife. Defendants sold complainants a tract of land and failed to give title... they paid a Claybank horse with a not [sic; knot] on his side... and was to pay a cow... defendants unable to make title... attempting to take cow by force and have the horse in their possession.
BILL OF COMPLAINT of Elizabeth Smith against Harvey Smith both of Jackson County. Married in the State of Arkansas on 5 May 1862 from which place they removed 30 May 1862 to Jackson County where they have resided since. Lived happily for some time, defendant became neglectful, irritable and abuseful. 12 October 1879 he came home in a state of drunkenness, came to their bed where Orator had retired and threw buckets of water on her... drove her from bed and house and forced her to leave. She is and has been in feeble health... unsafe to cohabit...
Personal property includes logs on bank of Blackburns fork [of Roaring River] near Charles Allen's... following land in 9th District, Jackson Co., TN about 220 acres... bounded by land of widow Hawkins on the east, land of Whitlow Smith and John Smith on the north, land of Enoch Jackson west... by Isaac Hix and perhaps others where defendant now lives known as the old Aunt Mollie Smith place.
Issue of the marriage four children, two girls and two boys: Mary Margaret, Nancy M. L., Jonas [or James] ?D., and J. H. Smith.
Complaint not made out of levity or collusion... unable to bear expense. 20 Oct 1879.
Elizabeth [her X] Smith
CAUSE HEARD 29 September 1880... Complainant and defendant living together... complaint dismissed and property released.
ANSWER of Velcie Smith to Bill of Complaint against her and M. B. Smith on 26 November 1914.
Admits everything in G. A. Smith's bill is true and correct... agrees she prefers to live in Putnam County. She is a minor and will be 20 years old January next.
/s/ Velcie Smith
DEED: For and in consideration of transfer of land decreed me by Chancery Court, cause of G. S. Smith vs Velsy Smith being the one-fourth undivided interest of the said Velsy Smith known as the T. G. Smith farm we E. O. Smith and his wife Winnie do transfer unto Velsy Smith... land in 1st District of Jackson Co. on waters of Buck branch of Cumberland River formerly owned by W. H. Patterson & others being laid off in Woodfolk land bounded north by Cumberland River, west by Lawless, Fuquay and Patterson, south by M. A. Patterson and D. B. Johnson, eat by Haile & Young now Whitacre, 100 acres more or less. Buck Branch is dividing line between land conveyed and the lands of Wm Whitacre and David Patterson being same land conveyed to me by W. H. and E. D. Dudney.
s/s E. O. Smith, s/s Winnie Smith. Registered 27 Apr 1915 Book P pps 581 & 582
BILL OF COMPLAINT of G. A. Smith of Putnam County, Tennessee against Velcie Smith of Putnam County and M. B. Smith of Jackson Co., Tennessee.
Complainant is husband of Velcie. They married Nov 21, 1908. Velcie is a minor under 21. Prior to their marriage Velcie owned an undivided interest in land of T. G. Smith, deceased, in Jackson Co. Land sold by decree of court for $1000 and together with $250 of his own money purchased another tract from E. O. Smith and wife Winnie, they making the deed in the name of defendant Velcie Smith. G. A. and Velcie Smith went into possession, made improvements and sold same to defendant M. B. Smith for $2250 and executed a general warranty deed.
Complainant G. A. Smith is owner of two tracts in Putnam County of 110 acres reasonable worth $2250 but complainant only paid $1850 for the land... 1st Civil District about four miles from Cookeville ... begin southeast corner of Rollin Qualls... Kinniard lands... John S. Bean's northeast corner... J. P. White's south boundary line... 90 acres more or less.
2nd tract being 20 acres more or less deeded to us by T. L. Kirby and wife November 8, 1911... near a gate to Harvey Terry's... Pleas White's south boundary line... Montgomery's line... W. T. Callahan line...
Land in Jackson County is rough hollow lands. Complainant and defendant Velcie have three children, an infant to age four... lands in Putnam County more convenient... schools, churches...
M. B. Smith is Security for the cause. 26 November 1914.
/s/ M. B. Smith
DEPOSITIONS [All state they know both tracts, would be advantageous to trade - mlj]:
/s/ C. R. Countiss,
/s/ W. M. Draper age 44.
M. A. Patterson age 47, live 1st District in Jackson Co. adjoining the Billie Patterson tract.
M. A. [his X] Patterson
DEPOSITION: Lester Dudney, age 40. Am a farmer, live 1st District, Jackson Co. Know T. G. Smith. one-fourth interest in his farm subject to his life estate is worth $800 - $1000. Know the Billie Patterson place in 1st District, worth $1250 - $1300. Encumbrance is $666 and interest since about Jany 21, 1909 due from E. O. Smith as balance of the purchase money... due to Mary Patterson, Annie Dudney and myself. Would be to advantage of Velcie Smith to change her one-fourth interest in Smith place to the Patterson place.
/s/ G. L. Dudney
DEPOSITIONS 7 July 1891:
James Hargis age 54. Live about two miles from the land, some 600-700 acres. About 1856 it was given by his [Complainant's] grandfather J. W. Smith - is my understanding by his Will. He gave him several slaves and they were all set free by the War.
Some 350 acres open and in cultivation [in 1856 and 1859] when I first knew it. Believe more could be cultivated because he has no help his children is small except for his son Mike who is in Texas... from his limited means he is not able to stock and run it... fences bad repair. He has been renting the most of it out since the War... not profitable... not sufficient tenant houses... good tenants will not live in the houses he has... bad tenants are usually poor farmers.
Believe the restrictions of the will [should] be removed by the Court and Complainant given power to dispose of a part so he may have means to properly keep up the ballance [sic], pay off his embarrassments [debts] &c.
I own considerable property... served as Constable and J. P. 25 years and one term in the Legislature.
/s/ James Hargis.
Roland Terry age 59. Live within one mile. Would be to his advantage to sell part.
/s/ Roland Terry
J. T. Smith age 29.
Ques: What relation are you to Complainant.
Ans: I am his nephew. We live on adjoining farms. He has no help, place run down... There is such a thing as being land poor and I think this is such a case.
Henderson Apple age 53. Live joining farm. /s/ Henderson Apple
DEPOSITIONS 7 June 1891:
John Cale age 53, live 2 1/2 mile. Complainant has about 350 acres in cultivation. His grand father had negroes said to belong to J. W. Smith at his death that were freed after the war. Complainant was left much in debt after the War.
/s/ John Cale
J. D. McKinley age 60. My land joins... known land and complainant 45 or 50 years.
BILL OF COMPLAINT of Hugh B. Smith against Felix Smith of the State of Arkansas, Mary Farqueharsen and her husband Dr. Farqueharsen of the State of Wisconsin.
22 May 1856 his grand father James W. Smith departed life in Jackson County, Tennessee having published his Last Will & Testament on 22 Feby 1854, which was duly probated and his son Thomas was made Executor. Records destroyed 1861-1865 and court house burned in 1872, said will was destroyed. By proceeding of court March 1877 a will was supplied. This will gave his son Thomas in trust for the said James W. Smith and his brother J. Webb Smith land on Cumberland River subject to the life estate of Testator's widow. The widow died long since and Thomas Smith the Trustee is dead. Defendants Felix Smith and Mary Farqueharsen are his only [surviving - mlj] children and heirs at law.
The land willed to him and his brother Webb has long ago been divided between them and complainant's part amounted to about 800-900 acres.
Complainant states that in one clause the land was deeded to Thomas Smith in trust, another clause said if friends and neighbors believe it is in best interest to sell he might apply to Chancery for permission.
At the date of the will he was a mere boy 16 or 17 without a father or mother living and without a guardian. His grand father bequeathed considerable slaves. He has since become of age, married, has a considerable family, slaves were emancipated...
/s/ H. B. Smith
REPORT OF SALE: 8 June 1892 part of land sold to Rachel S. [or M.; writeover - mlj] Montgomery and part to F. A. Kelly and J. J. Kelly.
ANSWER of Thomas Smith to Bill of Complaint by Sidney Smith, James W. T. Donald and others.
James W Smith late of Jackson County departed life at his residence May 1856. Last Will & Testament proved August term 1856. Respondent admits he is sole Executor... many negroes are mentioned in said will, some are now dead and some advanced to his children. Testator at his death had in possession some 60 or 61 negroes, several tracts of land, stock and other personal assets.
Respondent admits that he and the children of James D. Smith deceased to wit: Mary Eliza, James W. and Hugh B. and the widow of testator and Frances Hawkins are important and material legatees in said will - that James W. S. Donald is a grand son of testator is known to be wealthy and that one negro only is bequeathed in said will... testator gives his reasons.
Complainant William McClenchy married a grand daughter of testator, spent her estate as he is informed and in a short time after her death married her sister his present wife Isabella, on account of which testator, as respondent is informed and believes, was much displeased... declared he was disinheriting... are not named in his will.
Respondent admits complainant Sydney is a son of testator and that J. W. S. Donald a grand son, and J. W. S. Ridley and Mary wife of ?geo [or G. W.] Conner are grand children and the infant child of Wm McClenchy's former wife a great grand child of Testator. 2 February 1857.
[Note: I started transcribing James W. Smith's will verbatim, then discovered it was 22 pages. I will note when verbatim stops and abstract begins. Below appears to have been recopied as there is another will following this on the microfilm; different sized paper with notes in margins. It may have been written over a period of several days, signing his name each time he stopped - mlj].
LAST WILL & TESTAMENT OF JAMES W. SMITH
I, James W. Smith, knowing the uncertainty of life and having seen so many troubles and strife that has grown out of wills made when the Testator was Languishing with pain and disease myself now being in as good health as could expect for a person my age and in the injoyment [sic] of the reasonable Faculty of my mind can deliberate on subjects and what I have done for my children and what I wish to do in the Disposition of the property my maker has blessed me with I this 20th day February 1854 make and ordain this my Last will and Testament First I give and _____ myself ___ and Body into the care and Keeping of of [sic] my ever to be adores God and Savior the Lord Jesus Christ with my whole Family trusting in him alone ___ ____ Merits his Holy life perfect Righteousness and shed Blood for acceptance and everlasting salvation. All the property and estate my wife owned and was possessed of every Description at the time of her intermarriage I acquit claim to all and every part and parcell [sic] thereof and in accordance to every word of my own accord to her set it over to her and authorise [sic] her to dispose of the same at her pleasure to whom soever she pleases without any hindrance from my Executors &c
the property she left in North Carolina I never took into my possession not [?nor] under any Contract or any way and or not liable for anything _______ out of that property, what things she Brought with her to Tennessee and such other things as she has made in Tennessee and set apart for herself. /s/ Jas W. Smith
and for her own use or disposal and wish her to have and to select it out at my Death and not to Incumber the Inventory of my estate with the same.
I further now give and bequeath to my wife the Farms and land attached to the same butted and Bounded as follows say Beginning at a Beech on the road side marked Esqr John Hughs when he was making a survey for me runing [sic] from the Beech due west near a spring called Peas spring continuing due west crossing a Branch to the River then come back to the Beech on the road side and run from the Beech due East through the lot joining the still house field until you come to the Division fence between the lot and field then along the fence on the South side of the fence which is a southeastwardly direction until you pass outside of the fence into the woods then along the North side of a high point on the Hill or ridge not but little ?casing the course of the fence along a ?cow path or tract that I used to ride before the lot was cleared continue passing along that way untill [sic] you squar [sic] or nearly squar [sic] the high point or as some call it on the ridge to make it plain say continue this line untill by turning the Compass due North of this line the top or eminance [sic] of the said high point then turn South to my South Boundary line which is but a small distance suppose not more than 20 pole if that, then from this point run East with my /s/ James W. Smith
South boundary line which ______ between me and Matthew McKinley formerly owned by Esqr James Boles crossing the Calhoon Branch continuing due East with the said line untill you come to the top or eminance of the first high ridge east of the Calhoon Branch and west of the Polly Carter Branch to a corner with pointers made by Blake Thackston then turn and follow along a marked line in a Northerly direction made by Blake Thackston on the top or emenance of the ridge with its various meanders passing the ?Station trees on the ridge letterd [sic] B T untill you come to a Sugartree marked for a corner tree for the northwest corner of Polly Carter ____ standing on the South side of the ____ Ridge then Run with the line an Easterly direction along the main ridge marked by Blake Thackston mostly on the South side of the ridge until you come oppisite [sic] to the ridge east of Booker's Branch which is the ridge between Booker's Branch and the Branch where Ridley Roberts lived then Run on the top or emanance of that ridge according to the meandering of the same untill you come to the river and down the River to the Division line between me and M. Holleman which is my North boundary line and west with that line to the River and down the River to when the line running west from the Beech on the road as afore mentioned strikes the River. /s/ Jas W. Smith
Subject to any Devise that may be needed in this my last will and Testament and my wife is authorised to Cut and Sell Boat wood from off the land and she may if she chooses let Webb and Hugh cut and sell Boat wood. I furthermore give and bequeath to my wife during her natural life the following Negroes Old Adam and Old Martha, Delsy ?Phillys daughter, woman Jenny man Harris, Tony and his wife Mary and Marys four children (vis) Sydney Julia William and Fredrick. I further now give and bequeath to my wife my two negro Boys Granville Synthy's son and Alfred Ritty's son to her and her heirs forever with this condition that if she does not dispose of them by a last will and Testament then they are to return to my estate and held as a Residuary part of my estate I further now give my wife during her natural life the Best wagon and the Best ox cart that is on the farm two of the best yoke of oxen and as many of the horses and Mules Horses cattle sheet and Hogs as she may need she being the Judge, to keep up the farm and make her good support and my Executors is requested to aid her in making a good selection and do her Justice in making the selection. I further now give my wife as many of the plows, gears, chains and farming utentials [sic] of any and every sort that is on or belonging s/s Jas W. Smith
to the plantation as she may need to work and keep up the farm the selection is to be made as the foregoing if my Executor fails to and she choose such friends as she pleases to aid her or make the Selection her self to suit her own wishes my Executors is not authorised to take the property out of my wifes possession until the Selections is made for her.
[Note: Following is abstract, not verbatim transcript - mlj]:
I also give my wife the Best carriage and Harness and two of the Best Mules or Horses... having received from my wife's brother Lewis Webb the sum of $400 and paid my Debts with the same...
In addition to the negroes heretofore willed to my wife... I give her old Amy and Tempsey and gloster ___ his grand Mother now very old and infirm... my Boy Beverly Mandy's son...
... my daughter Frances Hawkins the tract of land I own in Murry [sic; probably Maury] County Tennessee which land I have made her a Deed to... my daughter Frances Hawkins the following Negros (to wit) Bagby and his wife Nanny and all of Nannys children and all these include woman Ma_ _ _ h alias Onique and all her children and increase, woman Lydia and all her children and increase, woman little Martha and all her children and increase and men Phillip, Wilson, John and Clayburn which negroes excepting little Martha was on the land I owned in Murry County Intending by me for my daughter Frances... improving the place for her and after intermarriage... the negros, stock, farm and all on the same Delivered over for her use and benefit I have since that time given her Little Jordan, Little Martha and her children... at the request of my wife exchange Mandy and her children, for little Martha and her child was at the time with my son J. A. Smith as a house servant and cook. I have given my daughter Frances Jack alias Jackson in place of Alexander. Further give my daughter Frances Hawkins Billy and his wife Phillis, my old Faithful man Jordan his wife Susan and her children Alpherd, Gabriel, Mary Ann, Arabella, Kizey, Bessy and all their increase... the condition old Jordan to be well taken care of and treated... allowed in every since [sic] of the word to be and live as a free man his wife is a very sickly woman weak constituted never bin [sic] able to labor more than stay in the house and spin a little...
Having set aside to my grand son James Webb Smith a negro girl called Rash and to his sister Mary Eliza a Negro girl called Rachel... wish to make them with other negroes I now give to my grand children James Webb, Hugh B. and their sister Mary Eliza Rachel and her suckling child Ridley, boy Phillip Syntha's son.
To my grand daughter Mary Eliza a tract of land South of that bequeathed to my wife, which includes where my son James D. resided before his death and extends South to William Hughes' North boundary line including the house where Mr. Copas [looks like "Copas"; later it's "Cooper" - mlj] now resides supposed to be 300 acres [lists personal property division, plus things her grandmother has set aside for her]... one-third of the books maps and charts I purchased from her father when he went to Neworleans [sic] to engage in Business there... I wish to make my three grand children equal. I give and bequeath unto my son Thomas Smith in trust for the use and benefit of my grand son James Webb and his Brother Hugh B. the following Negros (to wit) girl Rash and all her children and increase, girl Ibby, Old Judah, old woman Ritty and her youngest child Romma and Elexander Jordan son and Mandy's son and the Idiot and old Lewis... Rachel her child Minerva... Alexander is to stay with my wife during her natural life...
... given to James W. S. Donald...
I give to my son Thomas in trust for the use and benefit of my grand sons James Webb and his brother Hugh B. the tract of land I devised to my wife after her death.
I now give to my wife and grand sons James Webb and Hugh B. all the land in Booker Pate Hollow for five year least as Joint Tenants to get rails and timber.
Having heretofore given my son Sydney Smith land and Negroes, my girl Harriet which I promised his oldest daughter with all her increase with the two she now has goes with her, Mandy and her three children Lois Webb and Helen and there [sic] increase, Tempy and her two children say Sydney and Lawson her son Webb I have given to my son Tom Smith since writing the above and he goes to Tom Smith.
Having given my daughter Mary Ridley six Negros and given Mr. Ridley $1700 to help pay for his land I now give to my grand son James W. S. Ridley my negro man Willis Susan's child, Eliza named Emaline and Susan's second child Eliza with their increase.
I give to my grand son Jas W. S. Ridley for the use and benefit of his sister Mary Ann Conner my girl Susan and her youngest child and increase.
Having given my grand son Jas W. S. Donald 1000 acres in the western District of Tennessee had he kept this Land as I wished him to have done it would have bin [sic] a valuable estate for his children. I now give him after the death of my wife my Boy Beverly Mandy's son.
I give and bequeath to my son Thomas Smith the following negroes vis Massy and her children Manville, Andrew, George, Jane, Arabella, _______ also Moses Syntha's son, my old crippled woman Cyntha and her son Jack and after the death of my wife Dilsy Ritty's daughter also Amy and her grand son Gloster that Gloster may be kept with his grand mother to wait on her now very old and infirm.
David [is] given to my son James' children.
To my son Thomas Smith the land by him called Forked Branch and long holler tract bounded East by land I sold Joseph Jordan, Lemuel Huff on the North by the Mission Ridge West by the land I sold Thomas Watts on the South by a division land between me and M. McKinley.
My desire is all money due me at the death and on hand... pay debts. If not sufficient sell land... after lands are sold and debts paid, proceeds divided between my son Thomas Smith, my son Sydney, daughter Frances Hawkins, my deceased son James' three children James Webb, Hugh B. and their sister Mary Eliza these three only count one share.
Having sold a tract of land and given the proceeds to my grand daughter Mary Eliza since her intermarriage with William H. Webb I now revoke that part of my will giving her the land devised her, now give that tract to my son Thomas Smith in trust for my grand sons James Webb Smith and Hugh B. Smith.
[Here is a long, involved process whereby any slave born after 1880 would be hired out at age 19 and age 20 they would be sent to school. At age 21 they had the choice of continuing in slaver or be handed over to the Liberian Society and sent to Liberia, thus being made free from Involuntary Slavery - mlj].
[Following this is the clause mentioned in 1891 case H. B. Smith vs Felix Smith, et al allowing James Webb Smith and Hugh B. Smith to apply to Chancery to sell land - mlj].
/s/ Jas W. Smith [No witnesses signed]
C & M REPORT: August County Court - a scrip purporting to be the Last Will & Testament was found among his papers... 13 Decr 1858.
[Note: Below Bill had names inserted above lines and in margin are as written, but whether McClinchy heirs actually were residents of Maury County, Tennessee was hard to discern - mlj].
BILL OF COMPLAINT of Hugh B. Smith of Jackson County, Tennessee against Alice Smith, James T. Smith and Landon Smith, Wm H. Webb jr., Mary Smith Webb, Robert S. Webb and Hugh B. Webb of Davidson County, Felix Smith of the State of Arkansas, Mary Farqueharson and husband Dr. Farqueharson of the State of Wisconsin, James W. S. Donald of the State of Alabama, Sydney Smith, O. W. Smith, J. A. Smith, Mary P. Rogers and husband Enos Rogers, Maggie E. Smith and Bell P. Smith of the State of Mississippi, James W. S. Ridley, Mary A. Conner and husband [Blank] Conner of **Maury County, Tennessee,
[This was written in left margin, preceded by single asterisk: *Mary Bell McClinchy, Fannie McClinchy, Annie McClinchy, Louis McClinchy, Louisa McClinchy and Willis McClinchy - mlj]
James W. Smith made his last Will & Testament 20 February 1854, died 22 May 1856, will recorded... burned...
Legatees and devisees in the will are - Testator's sons Thomas Smith and Sydney Smith and daughter Frances Hawkins,
grand son James W. S. Donnell only child of his deceased daughter Nancy Donnell,
grand children James Webb Smith, Mary Eliza Webb and complainant, children of his deceased son James D. Smith,
daughter Mary Ridley then dead,
Frances Hawkins died intestate and without issue.
Thomas Smith is dead. His children are Felix Smith of the State of Arkansas and Mary Farqueharsen wife of Dr. Farqueharsen of the State of Wisconsin.
Sydney Smith is dead. His children are Sydney Smith, O. W. Smith, J. A. Smith, Mary P. wife of Enos Rogers, Maggie E. Smith and Bell P. Smith of the State of Mississippi. J. A. Smith is a minor.
James Webb Smith is dead and his children are James T. Smith and Landon Smith of Davidson County. They are minors and their mother Alice Smith is their guardian.
Mary Eliza Webb is dead. Her children are William H. Webb, Mary Smith Webb, Robert S. Webb and Hugh B. Webb of Davidson County last three minors and William H. Webb of Davidson County is their guardian.
It is necessary to sell part of land devised in will... bounded north by Cumberland River, west by Joanna Beasley, Elijah Holleman and others, south by George Tittle, J. M. Clark and Thomas Watts, east by Smith heirs and Booker Pate hollow tract... about 100 acres.
DEPOSITIONS 12 & 13 March 1877, state that it is best to sell land:
James Hargis age 40. /s/ James Hargis
Albert Stanton age 67.
Joseph M. Williamson age 32. /s/ J. M. Williamson
H. H. Harley age 38. /s/ H. H. Harley
PETITION of John H. Donnell, Susan Donnell, Nannie Donnel, Clara Smith formerly Clara Donnell and her husband Gabriel Smith, Robert Donnell, Octavia Carney formerly Octavia Donnell and her husband Ed M. Carney, James W. S. Donnell, Pauline W. Donnell and Maria Donnell.
Case of H. B. Smith vs J. T. Smith and others.
Nancy Donnell was a daughter of James W. Smith deceased, entitled to one distributive share. She died some years ago and left an only son James W. S. Donnell... being the only son he was entitled to one share or $213.18. About the time the account was taken, before he received his share, he died intestate in the State of Alabama on [Blank date] and has no administrator.
Petitioners John H. Donnell, Susan Donnell, Nannie Donnel, Clara Smith, Robert Donnell, Octavia Carney, James W. S. Donnell, Pauline W. Donnell and Maria Donnell are his only children. 28 September 1881.
REPORT OF SALE: Land District 5 in Jackson County known as Booker Pate hollow tract being 241 1/2 acres sold to M. C. Goldburg and A. O. Bryan at $7.00 per acre.
James F. Smith and Tennessee Smith, both of Jackson County, Tennessee, intermarried in Jackson County about 30 April 1874, happy to a reasonable extent but she was lazy, indolent, refused and neglected to work about the house. Repeated acts of adultery with Calvin alias Sug Martin, perhaps others.
Makes oath above true... owing to poverty unable to bear expense. 6 April 1875.
SUMMONS TO APPEAR: Shug Martin, Dock Allen, Anderson Burris, Jessy Allen jr. son of Bob Allen, John Martin, Ab Harley, Sy Smith. 3 May 1875.
PETITION of James Smith, Nancy Owens of Jackson County, Tennessee, J. R. Ballard and wife Mary Ballard of Putnam County, Tennessee, J. F. McGee and wife Jane McGee, John Anderson and wife Rebecca Anderson of Jackson County, Tennessee and Matthew Smith of Putnam County, Tennessee against
Mary A. Smith, Allegana Smith, Marion Smith, Eleanor Smith, Shady Smith and Perry [a few places, looks like could be "Terry" - mlj] Smith all of Jackson County.
Complainants and defendants are [sic; should be "the widow and" - mlj] all the children [sic; and grand children - mlj] and heirs at law of John Smith, deceased. Complainant James Smith is his administrator.
Mary A. Smith is the widow of John Smith deceased.
Defendants Marion, Shady, Ellinor and Perry are minors with no guardian.
Allegan Smith and Vienna Smith are grand children being children of his deceased son Dillard Smith.
About $200 in debts remaining unpaid... sold personal property at advertised sale, received about $50.
John Smith deceased owned at his death about 160 acres in the 10th District of Jackson County, Tennessee... bounded south and east by land of M. M. Jaquish, north by petitioner James Smith, west by Maberry's land.
Also 25 acres in the 9th District bounded by ____ Sims and others.
Widow is entitled to dower and perhaps homestead... lay off and sell balance to pay debt. 7 July 1873.
BILL OF COMPLAINT of James Smith against Thomas Smith of Arkansas. Complainant's grand father James W. Smith departed life [Blank]. In 1854 made a Last Will and Testament... was young and a minor when land was put in trust for him... [quotes that part which allows him to petition Chancery to sell farm - mlj].
Complainant is married, resides in Davidson County about 65 miles from said land and is in business in Nashville. Thomas his trustee lives in the State of Arkansas... complainant wants to sell the land and invest in something more profitable.
AGREEMENT: Whereas our grandfather the late Col. Jas W. Smith of Jackson County by his Last Will & Testament devised to the undersigned H. B. Smith of Jackson County and J. Webb Smith of Davidson County... we agree to make the division of property.
/s/ H. B. Smith, J. Webb Smith
Wits: /s/ William Hawkins, John Huges, D. G. Sheppard
DEPOSITION July 1866, Nashville, Tennessee
John Hughes age 58. Known J. Webb Smith from his infancy, lived with me two years, was clerk and book keeper in my dry goods store in Granville in Jackson County, Tennessee about one mile from land willed by his grand father Col. James W. Smith. Is sober, moral... age 30 odd years. He formed a partnership with W. H. Webb & Co. in a wholesale clothing house when he removed until the out break of the war. He is a married man with two children, lives in Nashville, is qualified to do business but lacks money. Is a consistant [sic] member of the Church...
/s/ John Hughes
BILL OF COMPLAINT of Jannie Smith of Jackson County, Tennessee against Brink Smith of the State of California. Married in Jackson County 8 July 1906, together about four years to 4 July 1910... left, remained away. After staying in the neighborhood about a year he left and went to California... she had to live with her father. Three small children of said marriage, the youngest born 16 Jany after defendant left her in July. The oldest a girl age 5 named Willie The 2nd a boy 4 years old named ?Zena Hyman the 3rd a girl one year old last Jany 1. Asks custody, maiden name [not given] be restored.
Not made out of levity...
/s/ M. J. Smith
SETTLEMENT 30 Jan 1901:
Receipts of R. P. Maddox, guardian of Fannie O. Smith for expenditures made on behalf of ward.
Receipt of L. K. Smith for costs in case of J. T. Smith vs James Coffee
Receipt of W. W. Baker, editor for Insolvent notice Jany 10 189[?4, 7 or 9].
AFFIDAVIT: H. B. Smith borrowed $13.00 from Gabe Smith (col.), executed note November 30, 1895. Balance due including interest two years and two months of $1.69 = $14.69.
Gabe [his X] Smith
BILL OF COMPLAINT of John T. Smith of Jackson County, Tennessee against Lucinda Smith of White County, Tennessee. Married in Jackson County about 1884, together 18 months, one child long since dead. They were very poor and dependent entirely on Complainant's labor for support. In his absence from home at work, defendant engaged in acts of adultery... he found this out about 18 months after their marriage. She at first denied then admitted... she soon went away to White County to live with John Stutts [or "Stults"] a brother in law of hers where she has been the last four years.
Complaint not made out of levity or collusion... 4 August 1890.
/s/ J. T. Smith
CAUSE HEARD 14 November 1890. Copy and process served on Defendant, she failed to appear, taken as true, bonds of matrimony dissolved.
ANSWER of Anna Hix, Nancy Roberts, Elizabeth Hanand [*See census below] and Martela Burroughs to bill of John Smith & others against Thomas H. Smith, these Respondents and others.
Ezekiel Smith died intestate in Jackson Co., Tennessee leaving complainant Mary his widow and those Plaintiffs and Defendants named as such in said bill his heirs and only heirs at law. He died seized and possessed of lands. Allegation as to dower in true... land purchased from Swearingen.
Respondents are all married women and daughters of said deceased. Anna Hix is wife of complainant Isaac Hix, Elizabeth Hanand is wife of complainant Benjamin Hanand, Martela Burroughs is the wife of complainant John Burroughs, Nancy Roberts is the wife of complainant Joseph Roberts and as distributees of said deceased are entitled to a share of lands... cannot be partitioned among those entitled... should be sold. 22 January 1859.
Anna [her X] Hix, Nancy [her X] Roberts, Martela [her X] Burroughs, Elizabeth [her X] Hanond
[*The name as written in above document at times looks like Hanand, and in one place looks like Harvell. Sistler's printed index, Jackson County 1850 U.S. Census lists J370-354:
HANNAN, Benj 49, Eliz 31, Rebecca 73 NC/TN - mlj].
BOND [Verbatim]: We John Smith Mary Smith Joseph Roberts Benjamin Hanann John Burroughs Isaac Hix Joseph Smith and William Smith and Robert N. Allen are here and firmly bound unto Thomas Smith, Anna Hix, Nancy Roberts, Elizabeth Hannon, Martula Burroughs and the children and heirs at law of Eli Swearingin for two hundred fifty dollars for payment of which sum & ___ to be made we bind ourselves our heirs &c witness our hands and seals this 6 day of Dece 1838 but this bond is to be void upon condition that the above named obligors except Robert N. Allen shall prosecute with effect a suit which they have this day commenced in the Chancery Court at Gainesboro against the above named obligees or in case of failure so to pay all costs what may occur in said case but not otherwise.
/s/ Robert N. Allen
ORDER TO LAY OFF DOWER: To Denton Moore Surveyor of Jackson County, Tennessee, A. H. Morgan and Washington H. Whitaker... go upon land of heirs of Ezekiel Smith deceased known as the ridge place... lay off to his widow Mary Smith her Dower... she has agreed to take one hundred acres out of said ridge tract for her dower in all her husbands lands so as to give her the best of said lands... make your report to the April rules 1859. 1st Monday in Feby 1859.
TO SHERIFF OF JACKSON COUNTY: Summon Thomas Smith, Anna Hix, Nancy Roberts, Elizabeth Hannan, Martula Burroughs to appear 1st Monday in February 1859 to answer bill filed by John Smith.
DEED: I, William E. Smith have this day... sold unto Isaac Hicks and his heirs... $50 to me paid... all my right title... in what is called Mollys lower place on what is called Robertsons Spring Branch of Roaring River in District 9, Jackson County Tennessee consisting of five different tracts suposed [sic] to be fifteen acres of my undivided share to have and to hold unto the said Isaac Hicks... Sept 1st 1857 [or 1867 - mlj].
William E. [his X] Smith Test: s/s W. H. Whitaker, /s/ Charles Langford
AFFIDAVIT John Mabry and Paul Anderson: I know the land in the pleading mentioned and the number of heirs. Is about 200 acres of land some poor and some tolerable good. There is ten of the heirs is my understanding - owing to the situation of the land and the number of heirs... dont think it could be divided... 10 Feb 1859. John [his X] Mabry, s/s Paul Anderson
DEED: I, John Smith have this day... sold unto Mary Smith for $10 to me paid a tract by estimate 20 acres and 96 poles in District 10, Jackson County, Tennessee, begin at two white oaks being the northwest corner of my fifty acre survey... South 64 poles [rest trees]. 17 Feb 1855
/s/s/ John Smith Attest: /s/ James G. Smith, /s/ Mat T. Smith
ANSWER of Thomas Smith to Bill of Complaint of John Smith and others... all the proper parties are made... necessary for the land to be sold... 18 Jany 1859
Thomas [his X] Smith
REPORT OF SALE: 1st day of April 1859, Benjamin Hannon became the purchaser at $556 with Joseph Smith, Wm Loftis and William Nelson his security. July term 1859.
[Note: The Bill of Complaint referred to was not filmed here - mlj].
The following items are due the estate of F. K. Kelly... probably good and should be charged to the administrator for the purpose of ascertaining whether they can be collected [Note: There is no decimal point, but an uncollectible item of $9.38 on A. C. Washburn and on James P. Young for $27.75 in final settlement gives an indication. May have been store accounts - mlj].
Thayer Smith 80; Curry Hawkins 70, Wm Patterson 50, John West 165, Howard Jackson 287, A. C. Washburn 938 [$9.38], Marvin Ford 468, T. C. Gailbreath 167, James P. Young 2775 [$27.75], S. H. Minor 70, T. G. Butler 60, Wm Draper 163, John Do_y Johnson 65, Jon [or Son] Pharris 15, Lewis Johnson 04, Armel Gaw 35. Total 5412. J. M. Kelly, balance not known. Decr 20, 1902.
[*] RECEIVED of L. K. Smith as Admr of F. K. Kelly deceased $50 on our note due from the estate of F. K. Kelly deceased and transfer to L. K. Smith our rights the mortgage to this extent but no further and in case there should be not sufficient funds to pay the debts we make this transfer in order that he may be protected on account of this payment. 18 December 1902
/s/ Alice ?L. Smith, J. T. Smith
[*Note: This possibly could be $50 advanced to heirs before final settlement - mlj].
RECEIVED of L. K. Smith, Admr $100 or $50 each on our note due from estate of F. K. Kelly as Admr of F. K. Kelly deceased and transfer to him our rights the mortgage to this extent but no further and in case there should be not sufficient funds to pay the debts we make this transfer in order that he may be protected on account of this payment. 2 October 1899.
/s/ E. M. Kelly, F. A. Kelly
RECEIPT from Alice L. Smith and J. T. Smith, balance due on note which they held against estate of F. K. Kelly deceased for $98.54, note dated Sept 6, 1897. [Paid] $63.25.
RECEIPT of E. M. Kelly... amount credited on note $33.50
RECEIPT of F. A. Kelly... amount credited on note $33.49.
PAID Gainesboro Telephone Co., message to J. M. Kelly at Gordonsville date Dec 16, 1902 $.35.
BILL OF COMPLAINT of F. A. Kelly against A. H. Minor both of Jackson County, Tennessee. 8 May 1897 complainant recovered judgment against defendant for $249.77... remains unpaid, execution issued and same levied on lands... defendant in order to avoid condemnation and sale of land he leased same to complainant for 1901 and 1902, defendant was to rent out land for benefit of complainant and failed to do so.
FINAL SETTLEMENT 22 Nov 1909. Amount due heirs was so very small the Clerk decided it was not necessary to give the heirs of F. K. Kelly notice of making this settlement.
Amount due Admr, Admr Set Book D, page 135, $9.09
Receipt of J. M. Kelly, balance due estate $7.00.
Balance due heirs $00
UNCOLLECTABLE ACCOUNTS:
In accordance with the instruction and agreement of all the heirs of F. K. Kelly deceased the administrator L. K. Smith did not collect the account of A. C. Washburn due the estate of $9.38 and the clerk is instructed to give the Administrator credit... and this order will act as a Receipt.
November 2, 1909 for all the heirs
/s/ Jas M. Kelly
Zulema C. Washburn
Ruth K. Gwaltney
A. V. Ensor
Emma Briert [possibly ?Brient - mlj]
Minnie Young
Fannie Ford
In accordance with the instruction and agreement of all the heirs of F. K. Kelly deceased the administrator L. K. Smith did not collect the account of James P. Young due the estate of $27.75 and the clerk is instructed to give the Administrator credit... and this order will act as a Receipt.
November 2, 1909 for all the heirs.
/s/ Jas M. Kelly
Ruthie K. Gwaltney
A. V. Ensor
Emma B_ _ _ _ [Here it looks like Bo_ _ _ -mlj]
Minnie Young
Fannie Ford
Zulema C. Washburn
SMITH, L. K. et al vs MORGAN, A. C. Chancery 1893
BILL OF COMPLAINT of George H. and W. C. Morgan of Putnam County, Tennessee and Lewis K. Smith of Jackson County Tennessee against A. C. Morgan of Jackson County. 8 February 1889 defendant purchased a tract of land in obedience to a decree... case of Clay Reeves, Administrator against J. N. Brown known as the James Brown tract on waters of Roaring River described page 265 Minute Docket L, Chancery Court, executed note. Complainants became sureties, same is unpaid. Said land without its timber is comparatively worthless. Defendant is insolvent, recently cut most if not all timber, having it sawed into lumber about 200,000 feet in District 9... selling and not applying funds to note... fraud... 29 June 1893.
DESCRIPTION: Jackson County, Tennessee on Roaring River, begin south boundary line of the State of Tennessee to Mounce Gore 5000 acres... conditional line between John Lundy and Jas M. Brown... south boundary of land owned by Lundy & Wilby Lawson... Lundy's corner on the Jackson and Overton County line... 335 acres more or less.
CAUSE HEARD: Notice to defendant, failed to appear, judgment for confessed... he had abandoned her for two whole years before filing of bill, bonds of matrimony dissolved, maiden name Leona Brown restored, defendant pay cost. 21 November 1912, Minute Docket N page 569.
BILL OF COMPLAINT of Leona Smith against Louis Smith of Macon or Jackson County, Tennessee, affiant does not know which.
Married in Jackson County about June or July 1906, together three or four months, he willfully abandoned, maliciously refused to furnish food and clothing... asked the merchants not to sell her anything to live upon... left about six years ago... at one time drew a gun on her... she run and got away from him. She supports herself by her own labor. Asks her maiden name Leona Brown be restored.
Above is true, not made out of levity or collusion, unable to bear cost due to poverty. 7 Oct 1912.
Leona [her X] Smith
ANSWER of R. P. Smith to bill filed 19 April 1915 by Louverna Smith. True they married as stated, children correct.
True they had little spats and quarrels... Denies he told her about going to see other women and giving them money... denies he accused her with intimacy with other men... avers she is a virtuous good woman as far as he knows.
Denies he failed to provide... have got out of meat, but there were plenty of other provisions.
He went into the goods business last fall... complainant was so fussy he could not stay at home in peace.
Denies he accused complainant of stealing from him and giving to her folks and then pretending to borrow it back to pay expense of Vergie going to school.
On one occasion Respondent accused her of stealing $9 when they got in a quarrel...
Denies he sold a mule belonging to defendant to pay his brothers and sisters for their interest in his land. Complainant purchased an old poor mare from her brother Albert Lynn and the mule was a colt he raised of the mare and the mare has not been paid for yet.
Respondent sold the place, did use the money to pay debts, not all paid.
True his son Virgie replevined a horse[filed for recovery of horse gotten illegally]... The horse foaled on his farm, respondent had paid the season [stud fee] and he told the truth in court, so the court decided the horse belonged to Respondent and was subject to his debts.
Respondent denies he told the children he would take the stock and not leave any thing for them to work with, did tell them it would probably be levied on to pay his creditors.
True respondent sold two mules off the farm to his brother in law, but left two mares with which to make a crop.
Denies he has been cruel, failed to support...
Respondent sincerely loves complainant, regrets this trouble, wants to live with her and raise his children in respect and credit. Paying debts as fast as he can, still owes $200, has nothing but the property mentioned with which to pay, is in bad health, not able to work much and now he has no place to call his home. Wants a jury trial.
DEPOSITIONS:
Lucy Ann Smith. Known parties 20 years, live within one-half to one mile. Pate treated his children well, heard Pate and Vernie quarreling... last year or two it was about Steve Strong's girl.
Ques: What is the name of your husband.
Ans: Andy Smith
Ques: What kin is he to Defendant.
Ans: They are brothers.
Ques: You say Pate always denied going to Steve Strong's to see his girl...
Ans: Pate said he went to Steve Strong's two or three years ago but not since Mrs. Smith has been cutting up about it. Pate said he knew nothing wrong about the girl.
[Pate and Vernie's daughter]... Annie
Lucy Ann [her X] Smith
Minie Reed. Known them over five years, live one-fourth to one-half mile. Heard her [Vernie] say Pate worked hard to make whiskey and get money and put it in his pocket and go off toward Steve Strong's [store] and come back without any. Heard her say Pate was jealous of two of his brothers John Smith and Burton Smith. She said Virgie was waiting to go to school and he took his gun down and struck her with it and broke a piece of his gun. He objected to Virgie going to Pleasant Hill School.
Known Lucy Ann Smith a little over five years, character good.
M. L. [her X] Reed
Mrs. A. A. Smith. /s/ Alty Smith
Mary Hawkins.
Ques: Are you related to defendant R. P. Smith.
Ans: I am his sister.
They had plenty to eat. She said they furnished butter for Albert Lynn's wedding and I think honey and nectar.
He [Pate] is high tempered... pretty easy to get mad.
Ques: Say if Luvernie is... high tempered, easily insulted, abusing when mad.
Ans: Yes sir I think she is.
M. A. [her X] Hawkins
Amanda Barnes. I was 51 years old on 9th of July. Known Luvernie Smith all her life. I am not related to either party as I know.
/s/ M. C. Barnes
Lillie Barnes. I was at Grand paps when I heard her [Vernie] talking - Grandpa Greenwood - I was sick and didn't pay much attention - she said if he had whipped Virgil she would have went on him with a butcher knife.
/s/ Lillie Barnes
Kittie Greenwood age 68. Known Vernie... 25 years. I am related to her, distant. Character of Lucy Ann Smith, Mrs. Angy Smith, Mrs. Alty Smith Mrs. Mary Hawkins is good.
Kittie [her X] Greenwood
Vernie Barnes. Since last Xmas he [Pate] offered to buy Bill Strong's fattened hogs - said she would die before she would cook Bill Strong's hogs and talk about his sister the way she did.
It is talked she is jealous without a cause.
Vernie [her X] Barnes
Martha Smith. Pate is my uncle. My father's brother. I am 18 years old I reckon.
/s/ Martha Smith
Thrucy Lynn age 55. I live at Jim Greenwood's in the 6th District, Jackson County.
/s/ Threacy Lynn
Ann Greenwood age 21. Live 6th District, Jackson Co.
/s/ lean greenwood
BILL OF COMPLAINT of Louvernie Smith against R. P. Smith and Milt Ransom.
Complainant and defendant R. P. Smith married in Jackson County June 1895. Have had seven children, five now living whose names are Virgil Marion a boy 19, Gaile a boy 17, Annie Gertrude a girl 15, Cordell a boy 12, Albert Cooper a boy 5.
Defendant became cross and abusive, telling her about going to see women and giving them money.
Last October defendant went into the dry goods business with Clay Masters, has since only furnished two sacks of flour, two shoulders of meat, 50 cents of sugar and $4.00 of coffee.
Sent her son Virgil off to school in 1914... he accused her of stealing the money from him... took two mules, pretends to have sold them to his brother in law Milt Ransom.
Owns 60 acres of land in 9th District of Jackson County worth about $1000 bounded north by ?Warran east by James Reed, south and west by T. N. Berry.
Complaint not maid out of levity or collusion... owing to poverty she is unable to bear expense.
/s/ Luvernie Smith
PETITION of R. M. Maxwell. Was appointed and qualified as Executor of E. McCoin deceased. R. P. Smith signed a note to Bill Strong and McCoin was surety. Note is unpaid, Strong obtained judgment 1 April 1915 for $43.81 and costs. Asks this be paid out of property attached [in divorce action].
SETTLEMENT 7 September 1915. Inventory filed 11 April 1914 in Settlement Book D, page 550.
S. B. Fowler, Medical service years 1912 and 1913, $12.00
Reeves & Crabtree, casket and box for deceased, invoice Sept 5, 1913, $50.00.
Nathan Hunter, waiting on deceased in last illness, invoice Sept 13, 1913, $30.00.
Costs: Causes of D. B. Johnson vs M. B. Smith, Admr of Telitha Pennington, decd and costs in Nathan Hunter vs M. B. Smith, admr of Telitha Pennington $5.70.
Telegram to Tom Whitaker before deceased died $1.14.
Balance due estate September 7, 1915 of $49.31.
[States heirs were notified [but did not list names. Researchers might check reels which would contain Johnson vs Smith and Hunter vs Smith].
PURCHASERS AT SALE [Pillow, feather beds, quilts, etc. Total $34.30, no date - mlj]:
Ella Fuquay, F. M. Gilpatrick, Lou Smith, M. J. Dixon, Jim Tate, W. F. Hawkins, C. C. Crabtree, Louis Jackson, Gennie Smith, W. T. Fuquay, Jim Meadows, Rutha Dill, Liston Jackson, Joe Smith, Jim Reeves, Joe Stafford, M. B. Smith.
PARTITION OF LAND: Undersigned Commissioners appointed to partition land in above case, allot the same.
Tract 1 to Fannie Smith as her share... begin J. T. Smith's north boundary... top of the ridge dividing the old H. B. Smith from ?Bone Myers.. with Bone Myers Thos Vantrease Henderson Apple lines... stake near a low gap... near where Henry Pippin now lives... center of the well... corner of the graveyard being 189 acres.
Tract 2 to Lena Vantrease as her share... corner of Tract 1 (Fannie Smith) stake in the graveyard line... near where Pippin now lives... down the river 62 poles to the mouth of the branch... diving the old H. B. Smith tract from that of J. T. Smith... 122 acres.
Tract 3 to H. B. Smith... Begin large white oak west of the barn... top of the ridge... line between Smith and Henderson Apple... to corner of Tract 4...
Tract 4 to M. E. Smith as his share [All boundaries are marked trees - mlj] being 95 1/2 acres.
Owner of Tract 3 will have a right of way... as the old road now runs to the line of Tract 2. This [Blank] 1895.
CAUSE HEARD September term 1898... Fannie Smith being a minor defendant, R. P. Maddux is appointed her general guardian. H. B. Smith being a minor, R. P. Maddox will serve in that capacity.
ANSWER of H. B. Smith and Fannie Smith by guardian ad litem R. P. Maddox to bill filed by M. E. Smith, Lura Vantreese and husband James Vantreese.
James W. Smith died, left a will, land in trust for his son Hugh who died June 1897. At his death land vested in respondents H. B. Jr. and Fannie Smith and complainants M. E. and Lura Smith now Lura Vantreese.
PETITION of M. E. Smith a citizen of the State of Texas and Lula Vantreese and husband James against Fannie Smith a minor who also resides in the State of Texas and R. P. Maddox, of Jackson Co., TN as guardian of Fannie Smith and Hugh B. Smith a minor without guardian of Jackson Co., TN. About 1856 James W. Smith died having a will, devised to his son Thomas in trust for Hugh B. Smith who died June 1897. Heirs of Hugh B. Smith who survived him are M. E. Smith, Lula Vantreese formerly Lula Smith who intermarried James Vantreese, Fannie Smith and Hugh B. Smith.
BILL OF COMPLAINT of Martha E. Smith against William Smith, both of Jackson County, Tennessee. Married in Overton County about 2 August 1874, were tolerably happy. The past two or three months since he became indolent, cruel, failed to provide for her and their two little children. She gave birth to her youngest on 9 Decr 1876. 9 July 1877 defendant came home very late at night drunk, cursed, abused, draged [sic] her out of a sick bed and slapt [sic] and abused her.
Charges adultery with Sarah West... very lude [sic] character.
Very poor, Oratrix has to work and support her two little children one a boy sixteen months Joseph L. Smith and a girl about three months.
Personal property includes a mare, cow and calf, six barrels of corn and a small amount of household and kitchen furniture. Asks for property, custody of children.
Above is true, not made out of levity or collusion. Due to poverty she cannot bear expense...
Martha E. [her X] Smith
BILL OF COMPLAINT of Mary E. Smith against George Smith, both of Jackson Co., Tenn. Married in Jackson County 25 November 1912. After marriage, he became quarrelsome... accused her of intimacy with other men... struck on the head with his fist... bad temper continuously until about September 1913 he came home under the influence of liquor... began to curse and abuse and shot his pistol several times... ordered her to the corn field with him, ordered her to go back to the house... Complainant went to carry slop to some hogs and defendant headed her off and run her through the house and took the kettle and threw it at her... struck with fist. She headed for her son's who lives near, he caught her and hit her with a pistol, cut a 2" gash and tore her dress off... threw a feather bed out in the yard jumped on it with his knife and cut it to pieces... destroyed other property, about $60. Defendant left Complaint, she was at Anson Pharris... he came and begged her to return... no change. He left, she moved most of her things to a son by a former marriage who lived nearby. [Lists personal property]. She is owner in her own right of real estate bounded north by Armel Gaw, west by Cumberland River, south by Ambrose Gaw, east by Gaw known as part of Elias Gaw land.
Wants him restrained, personal property, her land free of marital control, name restored to Mary E. Dodson.
Above is true, not made out of levity or collusion. June 14, 1914.
Mary E. [her X] Smith
ANSWER of George Smith. Admits marriage, that he accused her of intimacy with Henry Lankester... Henry Lankester told in the community that he was suing her.
Respondent avers that complainant got a letter from her former husband who lives in ?Cal [looks like "sol" - mlj]... would send her a ticket to come to him and if she wasn't satisfied... would pay her way back... is informed she got this letter about the time she filed her bill.
Denies he came home in a fit of madness, admits he came home under the influence and stood in the door and shot his pistol... admits he tore up the bed and paid her for it, denies he put things in the fire... Believes her son by a former marriage and brother in law by a former marriage together with the letter she received from the former husband caused her to file the bill.
G. W. [his X] Smith
PROSECUTION BOND: Mary E. Smith and W. F. Dodson to George Smith.
BILL OF COMPLAINT of Martin Smith of Jackson County, Tennessee against Sarah Smith of the State of Kentucky. Married in Jackson County April 1884, together until June 1884... guilty of lewd acts of adultery with Marsh Meadows, Logan Godsey and perhaps others... became an abandoned prostitute, unfit companion... she removed to Kentucky.
Makes oath above is true, not made out of levity or collusion. Due to poverty cannot bear expense of suit.
Martain [his X] Smith
BILL OF COMPLAINT of Mary E. Smith against J. W. Smith, both of Jackson County, Tennessee. Married in 1881, three girl children Alta five, Zula nearly four and Minta ten months. Reasonably happy, he abandoned her, remained about two weeks, returned. About four weeks ago he left her in the night time and took one Bell Crowder... to east Tennessee she is informed, returned with her last Wednesday to the neighborhood of Petitioner's house... on a mission of adulterous intercourse... diverse lewd acts... heard it has been going on for the past six years, did not come to her knowledge until he abandoned her last time... [Lists personal property - mlj]. Owns land in District 8 north side of Cumberland River on the line between J. W. Smith and J. B. Cherry... stake in the Bonner line... Vanoy's corner. 30 August 1889.
Avers above is true and not made from levity or collusion.
/s/ Mary E. Smith
DEPOSITIONS:
M. J. Dixon, Attorney for 21 years. Knew Charlotte Polson, wrote her a deed conveying property to her children.
Wrote a deed conveying Sarah Jackson's interest to M. L. Smith in this land. Sarah Jackson, Cleo Jackson and M. L. Smith were present. Before going up to my office we met on the street. Morrison and Cleo were talking of going to Kentucky to buy up other interests. Me and Sarah went to my office and Cleo and Morrison went out in town to get up what the old lady owed and show the folks in Kentucky. Cleon and Morrison then came to my office.
I went to Mrs. Polson's to write the deed. M. S. came and got me. She wasn't able to come to town. The last clause in the deed said they are to pay any individual in debt at my [Mrs. Polson's] death.
Ques: Who was living with Mrs. Polson
Ans: Sarah Jackson was at the house with her.
/s/ M. J. Dixon
Daniel Polson age 29, live in the Free State, 1st District, Jackson County, Tennessee, am a farmer.
Ques: Do you know Charlotte Polson and Sarah Jackson and are you related to them.
Ans: Yes I know and am related to them. I lived on Grandma, Mrs. Polson's place in 1906 and on Marlyn [sic] Settles in 1907-08. When I was on Settles place, was within 150-200 yards. Sarah stayed at Grandma's part of the time and at Cleo's part. I considered she treated Grandma pretty rough. One time I went over there and Sarah was gone and I went back home and got my wife to fix breakfast and carry it over.
I think it best to sell the land.
[Was asked to examine deeds - Wm L. Buckner [deed copy reads "Burkett" - mlj] and wife et al and Arky Lee and wife and Perry Polson and wife].
Ques: Was Mrs. Polson high tempered... abusive when mad.
Ans: Yes sir.
Ques: Is or not Sarah Jackson Sarah Jackson the daughter of her mother [Mrs. Polson] also high tempered.
Ans: Yes
/s/ Daniel Polson
DEPOSITION, Cause of M. L. Smith vs Cleo Jackson 22 March 1912:
Mrs. Charlotte Polson at her residence near Gainesboro.
I am a defendant. My husband died in Feby after the War expect it was six years after the War as I had three children after the War and before he died, I had but one just at the coming of the War.
Ques: Have you been afflicted with illness.
Ans: Bronchitis and spinal trouble four years, heart trouble... smothering spells... mostly at night, have to sit up in a chair and can't sleep.
I employed Sarah to stay with me in August. If it hadnt been for Sarah I would been ded [sic] in my grave long ago.
Ques: You made the deed (to your children) in Jany before you made a contract in Feby to pay Sarah $2 a week to stay with you.
Ques: Who wrote the deed.
Ans: You [M. J. Dixon] did, I don't get anybody else. You said a deed was better than a will.
Ans: I made the trade with Sarah in August before Cleo married in April. $2 a week was to be paid out of my land, but I also said Sarah was the only one of my children that would stay with me and I was going to make her a present of my cow and my horse - not selling it to her but giving it to her.
Ques: Sarah was indicted in Criminal Court for selling whiskey was she not.
Ans: They said she was and I secured her costs.
Sarah made a trip to Kentucky and stayed three weeks but I dont know if it was before or after I made the contract with her.
She was making her home at Cleo's when she was indicted for selling whiskey.
Charlotte [her X] Polson
M. B. Smith. I was one of the commissioners who layed [sic] off the road constructed through Polson land to assess damages for road. All interested parties were notified except Mr. J. A. Montgomery and Mark. Interested parties that met were Morrison Smith and Cleo Jackson.
Ques: Who did Cleo represent.
Ans: The widow Polson I suppose. So he said. Commissioners offered to pay $50, Cleo asked $75. It was for a public road. They said assess damage just to Mrs. Polson that J. A. and Mark Montgomery wouldn't charge anything.
Ques: What is your relationship to Complainant M. S. Smith.
Ans: I am a brother.
Ques: Say whether the children of Mrs. Polson are expecting her to die at any time.
Ans: Yes sir. I have heard that talked.
/s/ M. B. Smith
G. L. Dudney. I was a road commissioner. We notified all that we understood had an interest in the land to wit: J. A. and M. V. Montgomery, Morris Smith, John Jackson's heirs and John _____ & Charlotte Poston. M. B. Smith was appointed to serve notice to the parties... road 600 feet long and 33 feet wide. Believe it was 9 October 1912. J. A. Montgomery said the land was in litigation - said if the place was his undivided property he might not charge anything. [Part of deposition including signature page missing - mlj].
Harvey Howel. Knew Charlotte Polson in her lifetime, and Sarah Jackson and Cleo Jackson about 12 - 15 years. About 1909 I talked to Charlotte. She said she had Sarah hired to stay with her... she lived in that little house behind Mr. Birdwell's. Mr. Birdwell lived in her big house.
Ques: Was not Sarah Jacksons health bad... taking medicine for a venereal disease.
Ans: Her health was bad, dont know about varnarial [sic] disease. She had rheumatism.
I was at Mrs. Polsons once - Frank Denis and Ammon Carter were there - No talk about beating J. A. Montgomery or anyone else - not a thing. That... was maybe a year after they moved back to the big house.
Ques: What business did you have there.
Ans: I went by to be going.
Ques: Did you have any business there.
Ans: I went by to get me a drink of whiskey if I have to tell you... I did not buy it I borrowed it I would leave money about the place.
Harvey [his X] Howell
DEED: We, Arkly Lee and his wife Ida Lee, in consideration of $12 paid... sold unto J. A. Montgomery and M. V. Montgomery our interest (being 1/7) in following tract... 1st District bounded east by Geo G. Haile and M. Y. Settle, south by Gainesboro & Flynns Lick Road, west by Brooks, north by M. Y. Settle being the farm owned by Charlotta Polson and where she now lives the said Ida Lee being a grand daughter of said Charlotta Polson. 25 Feby 1910.
Arkley [his X] Lee, Ida [her X] Lee
DEPOSITIONS:
Mary Smith age 37, at the residence of M. S. Smith near Gainesboro. I am the wife of complainant M. S. Smith. I am a daughter of Charlotte Smith and a sister of Sarah Jackson. I had a conversation with mother six months before her death. She was hard against Mr. Montgomery - said she was going to see that he lost ever cent he put in it [the land]...
Ques: If you ever at any time heard her say anything about the sale of her cow to her daughter Alice Tays tell all that she said...
Ans: She [said] to me about three weeks before she died that she had ____ the cow off to Alice Tayse to keep her from being sold for taxes and said let old Bud pay them. J. A. Montgomery is known as Bud Montgomery.
Ques: Say how Sarah treated your mother.
Ans: I have heard her call mother an old fool and an old devel [sic].
/s/ Mary Smith
B. L. Quarles. Merchant, live Gainesboro. Character of Sarah Jackson and Charlotte Polson not good, would not give them full faith and credit in testimony.
Would give C. C. Crabtree (col.) and Lafayette Walker (col.) full credit in testimony.
Ques: Isnt it a part of Clarance Crabtrees character that he got his wifes daughter who was but a child 12 or 14 years old pregnant.
Ans: I dont remember of ever hearing of that. It may be true.
Character of M. S. Smith, Lester Dudney and W. M. Draper good.
Ques: Is it not a part of M. S. Smiths character that his wife had two illegitimate children before he married her; that he knew this fact, and that she was far advanced in pregnancy at the time he married her.
Ans: I have understood since this lawsuit commenced that was so - if I ever heard it before I have forgot it.
/s/ B. L. Quarles
T. J. Williams. Have lived here in Gainesboro all my life. Am a hotel keeper. Charlotte Polson and Sarah Jackson are not entitled to full faith and credit.
M. B. Smith and R. C. Jackson's character good, entitled to full faith and credit.
C. C. Crabtree (col.) and Lafayette Walker (col.) entitled to full faith and credit.
/s/ T. J. Williams
James Washburn, live Gainesboro, am a merchant. Charlotte Polson's land is not susceptible to partition. Sarah Jackson and Charlotte Polson's character is mixed up a little. General character of Charlotte Polson and Sarah Jackson in dealing with me has always been good. In dealing with others, don't know if I ever heard.
M. S. Smith, W. M. Draper, Lester Dudney, R. C. Jackson and M. B. Smith - character good.
/s/ Jas Washburn
F. L. ?Tardy, live Gainesboro, been a rural mail carrier four years. Character of Charlotte Polson, Sarah Jackson and Harvey Howell is bad.
DEED: For $100 we Perry Polston and wife C. L. Polston have this day sold... to J. A. Montgomery and M. V. Montgomery... our interest in land in 1st District on Gainesbro & Brooks Ferry Road and west of Gainesboro bounded east by Geo G. Haile and M. Y. Settle, south by Gainesboro & Flynns Lick Road being where Mrs. Charlotte Polston now lives, being 50 acres more or less... our interest being 1/7 [Signatures of witnesses covered by registration sticker; signatures of grantees partly covered. Registered 22 Jan 1910 Book M pps 443-444.
DEED: For $100 we Thomas Tays and wife Alice Tays to J. A. Montgomery and M. V. Montgomery our one share being 1/7 interest [Same description as above]. 20 Jany 1910
Thomas [his X] Tays, Alis [her X] Tays Wits: /s/ J. C. Reeves, Hiram Harris
INTERROGATORIES to F. M. Dennis, resides Robertson County, Tennessee 30 April 1913.
F. M. Dennis age 36. I am temporarily living near Adairville, Kentucky. Lived in Jackson Co. nearly all my life, known J. A. and M. V. Montgomery, Morrison Smith, Sarah and Cleo Jackson and Charlotte Polson in her lifetime nearly all my life. Lived 1 - 2 miles of them 15 - 20 years.
Ques: Did you know of J. A. and M. V. Montgomery purchasing the shares of Perry Polston, Mrs. Tom Tays and the two heirs who lived in Kentucky.
Ans: Yes...
I lived in Adairville, Kentucky since last Sunday. Before that I was in Coalinga, California sixteen months. Moved from Jackson County last October a year ago. When I was in Coalinga I worked in the oil fields.
Ques: Didnt you have the poorhouse and farm of Jackson County rented in 1902, 3 & 4 or about that time and didnt you take one Etta Goolsby a notorious prostitute in the house with your family and didnt you carry on adulterous intercourse with her.
Ans: We had her _____ there but not 1902-3-4. I did not know her during those years.
I moved to Mississippi in 1902.
Ques: While you lived in Mississippi didnt you keep one Pearl Linville or Pearl Clark another notorious prostitute who had lived in Jackson County in the house with your family... adulterous intercourse.
Ans: We had her ?lived while we lived in Mississippi.
Ques: You moved back to Gainesboro from Mississippi and engaged in the livery business a short time...
Ans: Yes.
Ques: Didn't you then abandon your family... make a trip with, use and cohabit with [Pearl Linville].
Ans: Decline to answer that.
Ques: Didn't you return to Gainesboro... resume adulterous relations with Etta Goolsby.
Ans: Decline to answer that.
Ques: Where are your wife and children now.
Ans: Near Adairville, Kentucky. [I have] four children.
Ques: Did you carry on adulterous relations with Etta Goolsby while you had her employed at the poor house.
Ans: Decline to answer.
[I was] Superintendent at the poor house. I was giving $150 for the land and someone else bid $237.
/s/ F. M. Dennis
[Note: More on Dennis, Reel #65, possibly others - mlj].
DEPOSITION [No date]:
E. W. Mabry age 30, am a physician. Was called on to visit old Mrs. Poston. Called over the phone from Reeves store; was told when I got there that Sarah Jackson had called me. She was having some trouble with her kidney and had heart trouble. I was at Meigsville. I charged $10. She paid me 15 bushels of corn at 60 Cents a bushel.
/s/ E. W. Mabry
PETITION of Sarah Jackson against the other complainants and Cleo Jackson against M. S. Smith and wife Mary Smith and Jim, Martie, Avo, Cleo and John P. Jackson, minor children of Tildy Jackson deceased who are without general guardian, all of Jackson Co., TN.
On the 29th [crease, can't read - mlj] Charlotte Polston died intestate in Jackon Co. Cleo Jackson is her Administrator. 13 Jany 1910 said Charlotte Polson conveyed her land to children named in complainant's original bill. All of whom except the wife of complainant M. S. Smith and the children of Tildy Jackson deceased conveyed their interest to complainants M. S. Smith, J. A. Montgomery and M. V. Montgomery. Deed contained the following clause:
"I am to have and hold said land during my natural life and use the same as I see best, and at my death the above named parties are to pay my burial expenses equally and if any one should fail to pay their part, their part will be a charge on their share. They are also to pay my individual indebtedness, or any thing I may owe myself at my death."
When complainants purchased said interest, they knew they would be liable for debt... Charlotte Polson was indebted to Petitioner for $2.00 per week from 3 April 1911... $103.40. 20 Apr 1912.
/s/ Sarah Jackson
ANSWER of J. A. Montgomery, M. V. Montgomery, M. S. Smith and wife Mary Smith. If such a contract between Charlotte Polson and Sarah Jackson existed it was fraudulent, intended to cheat and defraud respondents.
/s/ J. A. Montgomery, Mark Montgomery, M. S. Smith
DEPOSITION:
Mrs. Bertha Stafford. My husband is Fowler Stafford. Tom Tayes is my father and Alice Tayes is my mother. J. A. Montgomery came to buy my mother's interest in the Charlotte Polson land. He said he would see that granny was cared for... that her debts were paid. That he didn't know what might come up at grannies death. I signed mothers name to the deed [Alice made her 'X' - mlj]. Aunt Sarah... did all the work did all the work granny wasnt able to do anything... washing, cooking, getting wood, milking and doing all the work. I wouldnt have stayed there for $2.00 a week.
/s/ Bertha Stafford
ANSWER of R. C. Jackson to petition by M. S. Smith for a receiver filed April 16, 1912. Charlotta Polson departed life 29 March 1912. Deny land descended to Petitioners. Gillum Upchurch is moved off the land and is insolvent.
Defendant Sarah Jackson is living in one of the houses on land... denies she is a total violator of the law... destitute of character... trespasser as erroneously charged. He is in possession... Sarah Jackson has been holding it for him since Charlotte Polson's death... he is the true owner... he is perhaps insolvent but has some property out of which rents could be made for a year. 16 Apr 1912.
/s/ R. C. Jackson
PETITION of M. S. Smith for a receiver: Complainants filed original bill 16 Sept 1911 alleging Charlotte Polson conveyed to her children the remainder interest in land. Her heirs except Complainant M. S. Smith's wife and a few of Tilda Jackson's children, being grand children of Charlotte Polson, sold their interest to complainant... Sarah Jackson recovered judgments against Charlotte Polson which were transferred to her son R. C. Jackson probably without a consideration... Sarah sold her interest [in land] to Petitioner. Sarah is totally destitute of character, total violator of the law. Cleo Jackson is insolvent in law, asks a receiver be appointed. 16 Apr 1912.
/s/ M. S. Smith
DEPOSITION:
R. C. Jackson age 32, live 1st District of Jackson Co., mecanic [sic]. Sarah Jackson is my mother. Charlotta Polson was my grandmother. She [Sarah] lived at my house ever since her mother died. She lived at my grandmother's ever since I married but sometimes stayed at my house.
I was married April 1st 1908. I was present when the commissioners laid the road off. I represented my grandmother. Commissioners were Lester Dudney, Burris Smith and W. M. Draper.
I didn't see anybody representing complainant Montgomery. M. S. Smith was there representing his wife. I told them I wanted $75. They first offered $30 I wouldn't take that, then $50 that Bud and Mark had given their part as it was for the public they would charge no damage...
Mrs. Polson died 22 March 1912.
I bought a coffin and box at death... not all paid... In all $23.85.
Grand ma had give her old stove to Guy Tays. They levied on her cow to pay taxes and she asked me to pay them and I did do. She didn't have the money to pay me and I took judgment.
CONTINUED to Monday Feby 24, 1913.
I purchased judgments against Charlotte Polson to Sarah Jackson for $209 and $104... Paid her $100 and redeemed the land. I offered it to J. A. and M. V. Montgomery and they wouldn't take it so I paid $196.50 to the Clerk.
ADJOURNED to Feby 27, 1913.
Ques: Do you know Becky Jones and her son George, witnesses who lived on the place.
Ans: Yes sir. While they lived there Momie did the work.
Ques: You are the same Cleo Jackson that your mother in law put under a piece [sic; peace - mlj] bond about two years for your disorderly conduct toward her while she was trying to keep you from whipping your wife.
Ans: I am the same Cleo Jackson that was put under a piece [sic] bond but not on account of her trying to keep me from whipping my wife - by my mother in law.
/s/ R. C. Jackson
DEED from Perry Jackson to Morrison Smith for $12.00, my interest in tract in 1st District, Jackson Co. known as Charlotte Polson land bounded east by Geo G. Hale, south by Luke B. Anderson, west by Lud Brooks, north by M. Y. Settle being 50 acres more or less. 25 Jany 1910.
/s/ Perry Jackson
DEED 10 November 1910, for $1.00 I, Charlotte Polson to my children to wit Sarah Polson, Perry Polson, Ell Beckett, Tilda Jackson, Allice Tayes, Barbry Stockton, Mary Smith the following described parcel 1st District on the ?head of Tanyard branch bounded east by Haile, north by M. Y. Settle, west and south by Burris Smith, Lud Brooks and the Gainesboro and Flynns Lick Road containing about 50 acres more or less.
I am to have and hold said land during my natural life... above named pay my burial expenses... also pay my indebtedness.
Charlotta [her X] Polson Attest: M. J. Dixon, N. P.
DEED for $75.00 Sarah Jackson to M. S. Smith... my interest in land... Charlotte Polson... 1st District, head of Tanyard branch... Jan 18, 1910.
/s/ Sarah Jackson
DEPOSITION of M. S. Smith. I am a defendant. I married a daughter of Charlotte Polson. She had seven children at the time she made the deed.
Eler [sic; Ella] a daughter intermarried with Bill Beckit
Sarah Jackson
Tilda a daughter who intermarried with John Jackson
Perry Polson
Alice a daughter who intermarried with Thos Tays
Barbara a daughter who intermarried with Alex Stockton.
Mary my wife.
Tilda died before her mother leaving the following:
Ida a daughter married Arkley Lee
Perry Jackson Jun. a son
Marta Jackson a son
Avo Jackson
Cleo Jackson
John P. Jackson - seven in all who would be entitled to one-seventh jointly or 1/49 each. J. A. Montgomery has purchased the interest of Eler [sic] Becketts 1/7, Perry Polsons 1/7, Alice Tays 1/7 and Barbara Stocktons 1/7 and Ida Lee's 1/49. I have purchased Sarah Jackson's 1/7 and Perry Jackson's 1/49.
/s/ M. S. Smith
DEED:
State of Kentucky, County of Clinton} We, William L. Beckett and wife Ela Beckett and Alex Stockton and wife Barbara Stockton for $125 convey unto J. A. Montgomery and M. V. Montgomery... 1/7 interest in land in 1st District of Jackson County, Tennessee... where Charlotte Polston now lives... Feb 10, 1910
Alex [his X] Stockton /s/s/ Barbara Stockton
William [his X] Beckett Ela [her X] Beckett
Privy Exam of Married Females... voluntarily... our act and deed Ella [her X] Beckett wife of William Becket, Barbara [her X] Stockton wife of Alex Stockton
PLEA: Sarah Jackson for Tippling [selling liquor in violation of the law], enters plea of guilty, fine $10 and costs and six months in county work house which is suspended. Could not pay fine and costs, ordered to county work house until she works the sum off.
DEPOSITIONS:
Sarah Jackson about age 47. Live near Gainesboro with Cleo Jackson. My mother Charlotte Polson died last March. R. C. or Cleo Jackson is my son. I was sick three weeks last winter and paid Dolly Roark $1 a week to stay there. I went to Albany, Kentucky and staid [sic] three weeks to see one of my sisters who was sick my mother wanted me to go . I dont know who all stayed with her then. She told me of some one or two. She lived right close to Mr. Birdwells then.
Thom Tayze bought a load of wood. I drug some off the hill one winter and Fate Walker (col) brought us a load. Morrison gave her a dime once for digitalis when she asked and when he killed some hogs he sent us two pounds of bacon.
I sold my interest in the land to Morrison Smith to get money for a hemorrhoid operation. Dr. Fowler charged $40. That was in 1910. I spent the rest for provisions for us.
Ques: Didnt you have a veneril [sic] disease the last five or six years.
Ans: No sir one time my husband give me that about 18 - 20 years ago but I have never had it since; if I have I dont know it.
Ques: Arent you crippled from rheumatism... have a limp.
Ans: Not so bad now as it was away far back 22 or 23 years ago. My foot is drawn some... limp from that a little bit.
Mother knew I was selling liquor. She said we needed to sell it and get something to eat if I could not get found out. Sold it nearly a year - first sold one gallon, next time I got two gallons and one other time two gallons and then I waited a while and ordered two more gallons. I may have ordered another three gallons. I don't recollect.
Ques: Didn't Daniel Polston one of Charlotte Polston's grand sons offer to keep her up for the rent of the farm.
Ans: I never heard it.
/s/ Sarah Jackson
Jerry McComack age 52. Live near Gainesboro. Lived on the land mentioned March 1910 til June the same year I believe.
Jerre [his X] McCormack
John Jackson age 52. I live in the Free States, 1st District. I married Charlotte Polson's daughter. I live on J. A. Montgomery's land.
John [his X] Jackson
M. Y. Settle age 52. Live Gainesboro, am a farmer and carpenter. Land not susceptible of partition. Known Sarah and R. C. Jackson - character good, Burris Smith's character good. Know James Tate. He is not much account but would have to give him credit on oath.
Ques: Is it not part of Jim Tate's character that he is a bootlegger and pistol toter.
Ans: Yes sir.
/s/ M. Y. Settle
John Hamlet age 59, live 1st District. Known Allice Tays ?20 years, live about one-fourth mile. Character of Alice not as good as some. Sarah's character is mixed up a little.
John J. [his X] Hamlet
John Martin. Will be 63 next July, am a blacksmith. I used to live by [Charlotte Polson] and hauled wood for her and she always paid me promptly.
John [his X] Martin
John Godsey age 52. Am a farmer and rock mason, live 1st District.
J. G. [his X] Godsey
J. M. Dudney age 50, live near Gainesboro on Doe Creek.
/s/ J. M. Dudney
M. S. Smith live Gainesboro, am a complainant.
ADJOURNED to Feb 1, 1912.
Purchased Sarah Jackson's interest in the land. Sarah Jackson is Cleo Jackson's mother. I hired Cleo Jackson to go with me to Kentucky to buy other interests in the land. He told them the figgers [sic] we had was all that was against the land.
/s/ M. S. Smith
G. W. Jones age 27, work in the blacksmith shop and farm some.
Ques: Does your family not consist of yourself and mother.
Ans: Yes sir. Rented 18 acres of Charlotte Polson last year. Mrs. Polson was mad at mother. She would let her on the place but they would not speak to each other. Mrs. Polson wanted to pick some corn, but it had not been divided. My mother told her not to pick all over the place, to pick where it could be divided and Mrs. Polson got mad. We rented on the halves.
G. W. [his X] Jones
Becky Jones age 66. Think I lived on Mrs. Polson's last year. Live in Gainesboro now. We lived at Jessie Barnett Spurlocks two years, neighbors were Jessie Barnett and Betsy Spurlock, Zack Spurlock, Mrs. Hopkins and Mrs. Cornwell.
Lived at Dry Fork of Flynns Creek at Uriah Anderson's one year. When we were there we were on the Allard place. It was too far for me to do washing for others.
My husband is dead his name was Riley Jones. I did washing for others. He has been dead 25 or 30 years. I dont recollect the year but Charley Hopkins a J.P. married us over in what is called Buffalo in Jackson Co. I was a Brown. My father was Charley Brown and mother was Betsy Brown. My parents were dead when I married. I was living with one of my aunts, Mariah Hanner. She was living in Buffalo.
Ques: Were you married before the court house burning in 1872.
Ans: Before it was burned I reckon. I dont remember anything about the burning of the Court House.
Ques: Is Charley Hopkins who married you the same who lives now between Flynns Lick and the Fort Blount ferry.
Ans: Yes Sir.
Ques: Was your husband living when you lived at the Mat Allard place.
Ans: No. It was when my children were small I lived there.
Ques: Where were you living when he died.
Ans:... Up on Flynns Creek on the Riley Spurlock place. We were living together at his death.
Ques: How many children did you have at his death.
Ans: One - her name was Maggie.
Ques: How many have you had since his death.
Ans: Two. The youngest George is 27. Frank is the oldest he is a right smart older I dont remember his age I have their ages set down.
Ques: Didn't you have an afflicted daughter - burned to death several years ago when you lived at Gainesboro.
Ans: Yes that was Maggie.
Becky [her X] Jones
Liston Jackson age 17, live Free State. 1908 I lived with my father Calvin Jackson on the Polson place.
/s/ Liston Jackson
Mary Jackson. My husband is Calvin Jackson. Live in the Free State. I am age 58. Lived on Polson land 1908. Known Charlotte Polson and Sarah Jackson 15 - 20 years.
Mary [her X] Jackson
C. C. Crabtree (col.). Dont know my age exactly, 31 or 32. Lived 400-500 yards from Polson lands about eight years. What is known as the new Brooks Ferry road runs through my land. Was present when the commissioners discussed damages for the road. Cleo Jackson was there and represented his Grand ma.
/s/ C. C. Crabtree
James Tate age 24, live Free State, 1st District.
J. M. [his X] Tate
Mrs. Ida Lee age 33. Live on Buck branch near Gainesboro. I am Charlotte Polsons grand daughter. Mother was Tilda Jackson, wife of John Jackson. I sold my interest to J. A. Montgomery. He paid me $12.50. Saw him Tuesday before Christmas at Luke Anderson's drug store. He asked me if I knew all the heirs would have to pay the money back that they had received for their interest. I told him I had none to pay back. He told me it was like throwing money in a sink hole... and he might never get anything back. I told him he ought to have had better sense.
Ques: Your husband has left you since you married didn't he.
Ans: Yes sir we have been separated in time.
Ques: He got jealous of you and other men and raised cane about it didn't he.
Ans: Not that I remember of - when do you mean? We were separated two or three times. We just got along bad fussing and quarreling. Sometimes he would slap me and sometimes I would slap him... I was Tilda Jackson's daughter. I was not John Jackson's daughter.
Ida [her X] Lee
ADJOURNED, Resumed Jan 2, 1913.
Akey Lee about 35. Live on Buck branch, this district. Husband of Ida Lee.
Arkley [his X] Lee
A. B. Hestand age 42, live 1st District. Went to Mrs. Polson's two years ago to see if I could buy the place for Nick Reed. She said she had Sarah hired for $2 a week to stay with her. Think it was June or July 1910.
Jerry McCormack moved up on my place, dont know exactly when.
/s/ A. B. Hestand
Thomas T. Tayes, will be age 52 in March, live 1st District. Knew Carolyn Polson. I was her son in law. My wife sold her interest to J. A. Montgomery. We went in the Registers office and saw the deed the old lady had made to her children.
ADJOURNED to be cross-examined by J. A. Montgomery [Not on film].
END of Reel #113
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Jane
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