Jackson Co., TN Loose District/Chancery Court Papers Reel #125
Whitaker - Wilkins

Abstracted by Mary Lu Johnson from actual transcripts and depositions in court cases, microfilmed by Tennessee State Library & Archives by Plaintiff; gives no indication of the relationships that can be found. Use Edit/Find, various spellings. If there are questions, you are urged to order the reel. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm

If you would be willing to transcribe or purchase a reel, please contact me.

SYNOPSIS: A. K. Lynn & wife Margarett Lynn and Mary Lynn to Bill of Complaint of John P. Whitaker. Complainants and defendants swapped land. Complainant deeded 100 acres on waters of Spring creek, 2nd District, Overton Co, TN plus $150 "to boot". Overton land bounded by land of Elvera Phillips on north, N. W. Lane on south, tract then owned by Compt but since sold to John Phillips on west, east by Elisabeth Phillips. Defendant was deeded the Asa Lynn home place on Roaring River in Dist 9.

Mary Lynn is mother of A. K. Lynn and widow of Asa Lynn, deceased. Asa Lynn died intestate in Jackson Co "many years ago". His son Alfred K. Lynn was deeded his brothers' and sisters' [names not given] interest in the land by quit-claim deeds. October 1871, A. K. Lynn deeded same to J. P. Whitaker by general warranty deed using descriptions from four deeds; one having 200 acres, one having 15 acres, one having 12 acres, and one having 6 acres, or 233 acres.

When walking the land with Whitaker, he pointed out a 23 acre tract on the ridge which his father had always claimed as his, but they couldn't find the chestnut tree on which the boundary was marked. The deed from A. K. Lynn to J. P. Whitaker was correct in the legal description, but Whitaker thought he had bought 266 acres.

The Jackson County Court House burned August 14, 1872. Whitaker came back to A. K. Lynn, wife Margaret Janet Lynn and A. K.'s wife Mary Lynn, and had them execute a deed which included the tract pointed out, totaling 266 acres. They were at first reluctant, and had "this deed is in the place of one that burnt up" added to the deed. A. K., Margarett and Mary Lynn were illiterate.

Thomas Smith found out, or knew for some time, that the 23 acre tract was unclaimed, filed for it with the State of Tennessee, and sold his entry to Whitaker for $112. One John Smith lived adjacent to the land. Whitaker sued A. K. Lynn etal to recover $112 paid, ended with a compromise. Suit dismissed, each paid half the cost.

ANSWER: A. K. Lynn is the son of Mary and Asa Lynn. John P. Whitaker was a cousin.

DEPOSITION: A. K. Lynn age 32. My father was Asa Lynn, owned land as long as I can remember, deed father allotted land dated 7 June 1866. Think James M. Johnson wrote the first deed. The disputed 23 acres went to Burt Johnson's line. Walked with Whitaker as far as the [?]Vennver [?Vandiver] sink hole, don't remember going along the ridge.

I gave Daniel Johnson the written right to get timber off the ridge Allum Cleft [sic]. He was threatening to law me.

DEPOSITION: Wayman Hawkins 26, know parties. Lynn showed Whitaker to a chestnut tree. Mac Johnson was there. Asa Lynn was my grandfather. Whitaker talked to J. Mc Johnson about the land. A. K. Lynn is my half uncle. Whitaker is my uncle by marriage as he was a cousin to my father. I had a disagreement with Whitaker some years ago over rent.

DEPOSITION: John T. Smith 44, known land about 20 years. Asa Linn in possession until it passed to A. K. Lynn. Don't know if Daniel [?David] Johnson and Asa Lynn lines join. Asa Lynn claimed it. 30 May 1879. [Signed] J. T. Smith

DEPOSITION: David Lynn age 65 states "My father owned the land ever since I can recall". I am a son of Asa Lynn who conveyed the land to A. K. Lynn. David [X] Lynn

DEPOSITION: James M. Johnson age 43. Wrote deed, think at the request of both parties, from the deed A. K. Lynn had from his father. After I wrote the deed, I told Whitaker did not cover all the land that Lynn had sold him. I knew the land. It was a general warranty deed. Wrote another deed for the same party, with land in controversy included. First deed did not. Lynns claimed the land up to Daniel Johnson's old line, now Burton Johnson's line. Never heard them claim, but always understood they did. Dated 30 May 1879. [Signed] J. M. Johnson

DEPOSITIONS: John Phillips age 33; William Gore, surveyor; J. J. Phillips 35.

DEPOSITION: Thos Smith age 78, live in neighborhood about two miles off, lived there about 30 years, know boundaries. Made an entry for 23 acres 12 poles, never got a grant, sold my entry to J. P. Whitaker. Col. Gore plotted it out as vacant land. Land worth $5-$6 an acre. J. P. Whitaker paid me $112 for all. [Signed]

DEPOSITION: J. P. Whitaker age 53. The 23 acres is good ridge land, well timbered, an inducement to make the trade. Think worth $8 per acre as of date of purchase. First deed did not include 23 acres. [Signed]

ANSWER: Asa Johnson to Bill of Complaint of Wm Whitaker and wife Mary D. Whitaker filed 7 Sept 1895. Jno Webb died intestate in Jackson Co many years ago. Mary D. Whitaker is one of his children. Geo. W. Webb after the death of John Webb was appointed guardian to Mary D. Webb, now Mary D. Whitaker, acted guardian many years, removed 1st Monday in March 1888, when J. D. Webb was appointed, gave bond with respondent Asa Johnson & Wayman Hawkins as security. J. D. Webb died in Jany 1891 without having made settlement, but did expend funds. Mary D. Webb was born 26 Jany 1875, was only about 7 years 10 months old when Geo W. Webb appointed. Geo W. Webb employed respondent to keep, board, clothe & educate said ward, did from about Oct 2, 1882 until March 1888, $60 per year. J. D. Webb continued the contract from March 1888 until January 1891 when said guardian J. D. Webb died. Worth reasonably $75 per year, agreed to accept rents of land, and when she married to provide bed, bed clothes and cow, which he did and various other things. After J. D. Webb died, respondent appointed guardian, gave bond with J. M. Johnson and N. C. Bybee. Respondent cultivated land 1891 and 1892. Land sold under a court proceeding March 1893. J. D. Webb per contract paid respondent the rent for 1888, 1889, 1890. Ward married Spring 1894. Years 1891, 1892 and part of 1893 said ward continued to live at respondent's house and he provided books, clothes, school, etc., received nothing but her one-sixth interest in rents from her father's land.

Had not made final settlement, was proceeding to do so when complaint was filed. Complainant Mary D. Whitaker and her child boarded at respondent's house for three weeks in April 1895 and part of this time her husband Wm Whitaker was there...reasonably worth $6 and is due. 11 Dec 1895.

BILL OF COMPLAINT: William Whitaker and wife Mary D. Whitaker against Asa Johnson individually and as guardian; J. M. Johnson of Jackson Co., TN & N. C. Bybee of State of Kentucky as security. 7 Sept 1895.

[Note: Below case appears to be different, but related to, above. Not in separate folder]

BILL OF COMPLAINT: Wm and Mary D. Whitaker against Asa Johnson, wife Elizabeth Johnson, Columbous Allen & wife Sarah Allen, George Webb, Stanton Webb, Houston Webb, Andrew Allen & wife Pauline Allen, Russell Lee, John Lee, Martha Lee, Martha Webb & Austin Webb all of Jackson Co, TN; George Gentry & wife Mary Gentry, James Gentry & wife Hessie Gentry and Dibrell Lee of Putnam Co, TN.

Mary D. Whittaker, daughter of John Webb, deceased is entitled to one-sixth interest in land on Roaring River, Dist. 9, Jackson Co, TN, described in Minute Docket "M".

Defendant Asa Johnson owns one-third interest in said land. Sarah Allen, formerly Sarah Lee, owns one-sixth; and the children of Curry Lee to wit Russel Lee, John Lee, Dibrell Lee, Martha Lee, Mary Gentry and Hessie Gentry are joint owners and tenants in common by inheritance of one undivided one-third.

12 April 1892, Asa Johnson & wife Elizabeth Johnson filed a bill of complaint against other heirs seeking sale and partition to pay debts alleged due Asa Johnson. On 21 Nov 1892, tract purchased by Asa Johnson for $505. Tract purchased by Sarah Allen for $505.

Complainants say land worth $2000-$2500. Informed two parties went to bid on land at price of $2200, were discouraged by Asa Johnson saying there were two dower interests on land. Asa Johnson represented his wife Elizabeth and Sarah Allen had such dower, they did not.

Allege Asa Johnson extravagant in employment of lawyers...old case of W. C. Terry against these tenants in common...fee decreed to lawyers of $625 was over half what land sold for. John P. Murray & son were competent, did all or nearly all the work. Fee of J. M. Johnson of $50 and E. L. Gardenhire of $75 should be paid by Asa Johnson's part.

ANSWER: Elizabeth Johnson states at time bill filed, Asa Johnson vs C. C. Allen on 20 Sept 1895, Asa Johnson was, and is, her husband. John Webb died intestate, left respondent Elizabeth his widow and relict. John Webb died seized of one-third interest. Mary D. Whitaker is his daughter. Respondent always claimed dower and insisted on same. [Signed] Elizabeth Johnson

CLERK & MASTER'S REPORT: John Webb in his lifetime was owner of one-sixth by inheritance, one-sixth by purchase from G. W. Webb. John Webb left Elizabeth Webb his widow, who since intermarried with Asa Johnson.

Sarah Webb was a sister to John Webb, who owned an undivided one-sixth. She intermarried with Curry Lee who was owner by purchase of one-third interest, having purchased undivided one-sixth inherited by W. D. Webb and Houston Webb. Curry Lee died intestate, seized and possessed of one-third interest, and Sarah Webb was entitled to dower.

Stanton Webb inherited one-sixth and sold this to W. D. Webb who afterward sold and conveyed same to respondent Asa Johnson - who is also owner by purchase of the 1/6 interest of J. D. Webb. Elizabeth Johnson was entitled to dower in the one-third interest of which her husband [John Webb] died seized and possessed.

AGREE TO DISMISS: Wm Whitaker and wife Mary D. Whitaker 27 January 1876.

REQUEST TO ATTACH: W. H. Whitaker & Benjamin Chapman filed bill of complaint against John Lee and Curry Lee, asking write of attachment:

Land of defendant John Lee on Roaring River bounded north by Daniel Johnson and John Hawkins, east by Wm Hicks & heirs of Josiah Jackson, south by Robert N. Allen, west by William Johnson & others.

Also negro boy named Wallis about age 7 belonging to John Lee, in possession of Curry Lee.

Also 50 acres of land belonging to Curry Lee on waters of Spring creek of Roaring River adjacent land of Mounce Gore, decd where Curry Lee now lives.

Also negro girl of Curry Lee named Mary, about age 8.

BILL OF COMPLAINT: Washington H. Whitaker & Benjamin Chapman against John Lee of parts unknown, last heard of in State of Georgia. John Lee and Curry Lee are jointly indebted on note dated 25 November 1857 for $1135.50. Denton & Washburn, Sols. 25 Feby 1858. [Signed] W. H. Whitaker, Ben [his X mark] Chapman

[Several cases that appear unrelated to me were filed together. Doubtless the parties in 1850 knew the connection. Abstracted in order appeared on film - mlj].

WHITE, BENJ. C., Administrator of JOHN M. BURRIS, Chancery Court 1850.

BOND: John Burris and Holland Denton to David R. Johnson for $200.00. 18 Nov 1850. David R. Johnson filed complt. s/s John Burris, Holland Denton, Hardy Hobby.

AFFIDAVIT: G. McWhirter, gdn Matthew White rented land to Burris. 11 Feb 1854.

ORDER TO ATTACH: Absolum Johnson filed complaint. Attach land Dist 11, Jackson Co, bounded by Amon Haile; Flynn's Creek; tract allotted to Jane Kirby in division of lands of Patrick Fitzgerald, dcd; land of Thomas Murry; tract conveyed to Absolom Johnson & Henry Kirby being allotted to Mariah wife of said David Johnson and Anthony Fitzgerald in the division of the lands of said Fitzgerald deceased and conveyed by said Anthony H. [sic] to said Daniel Johnson...and hold the same subject to further order. 4 Monday July 1849.

BILL OF COMPLAINT: Absolom Johnson of Jackson Co, TN against Daniel [?or David] Johnson of Fannin Co., TX. Absolom Johnson states he paid as an accommodation notes to the Branch Bank of TN at Sparta $170.00 plus interest, note due 12 November 1841. Daniel/David further indebted for $250.00 due August 31, 1848.

DEPOSITION: Isac Vanhooser age 57, states John Burris and he and others raised corn for the Nashville market.

DEPOSITION: William D. Burris taken in Van Buren Co., AR on behalf of Benjamin C. White, Admr of David R. Johnson, deceased, Complainant and John Burris, Deft. William D. Burris states John Burris bought from David R. Johnston in 1847 a pen of corn in Benjamin White's field, some 120 barrels at $1.00 per barrel to be shipped to Nashville by boat. Water got up, ruined some of the corn. [Signed] Wm D. Burris

DEPOSITION: Oliver P. Martin age 22. David R. Johnson and his two boys and myself worked in corn crop. Mr. Burris worked when he was home...not home more than two-thirds of the time. Oliver P. [his X mark] Martin

DEPOSITION: Coleman White, age 26. David R. Johnson raised a crop of corn, except Maj. Burris worked it.

DEPOSITIONS: Elisha Saunders 35, Burrel R. Land 34, Nathaniel M. Cox 40, Matthew R. Morrell 24, Jonas Myers 22, John McKaughion 22, George Kinnaird 41, Isaac Van Hooser 56, Martin Van Hoozer 25. [Depositions similar to Martin's & White's].

DEPOSITION: Nancy E. Burris 26. About Jan 1851 David R. Johnson moved to my father's. Had seven in his family. Children were Ben about 13, Daniel 10, a girl younger than the two boys, and the other two was still younger. There was one of the boys that ploughed. He moved from here 11th day of May. Nancy E. [her X mark] Burris

Married 3 August 1880 in Clay Co. About 15 August 1880, called her degrading names, commanded her to meet with other men and commit adultery to pay his debt of $80, she refused. Slapped, etc, deserted and abandoned her. Resident of Jackson County more than two years before filing. No maiden name given, no ch named. Haile & Dowell, Solicitors Oath of Poverty signed [X] 12 April, 1882, unable to bear cost.

COPY OF DEED: Robert G. Anderson to Erasmus Denton for $1887.00, 260 acres in District 8, Jackson Co. on Cumberland River at Matthew M. Anderson's lower corner...south to Henry Hall's upper corner. 13 Feb 1839 [Signed] Robert G. Anderson Witnesses: Robt Montgomery, Thos H. Butler

BILL OF COMPLAINT: Cynthia White against J. H. Denton, Mary Gore, William Gore, Susan Harris, Marion Harris, Sarah Denton, Alfred Denton, G. H. Morgan, Susan Denton & William Denton.

At March term 1878, was suggested and admitted Sarah Denton intermarried with R. W. Allen of Jackson Co; summons him to appear.

About 1858 or 1859 Abraham Denton died intestate in Jackson Co, several children, to wit: Erasmus Denton, Cynthia White, Margaret Denton and others [Erasmus, Cynthia and Margaret were the only children of Abraham named in these various lawsuits]. Erasmus Denton appointed Administrator, proceeded to collect money and pay debts. There were six heirs of Abraham Denton, Erasmus being one. Cynthia White bought out all the heirs' interest in the home place of Abraham, except that of Erasmus Denton. Erasmus died, James W. Draper and W. W. McCue became administrators de bonis non [distribute remainder of estate] of Abraham Denton's estate.

[COMPLICATIONS]: Erasmus Denton died intestate 19 January 1863, left six children, two of them minors who failed to receive proper notification.

Hostilities increased in the area during the Civil War, and court houses in the area, including the Gainesboro Court House, closed for at least two years.

6 July 1868, Larkin Ferrell and wife, who had bought an interest in Abraham Denton's estate, filed a bill against Administrator and heirs for final settlement. A cross-bill was filed to sell the home place & a detached 25 acre tract. Sampson Cassety and Toliver Kirkpatrick were appointed administrators of Erasmus Denton's estate. Sampson Cassety died, Kirkpatrick resigned. William Denton and George H. Morgan appointed Administrators de bonis non of Erasmus Denton's estate.

The Gainesboro Court House burned 14 August 1872, destroying evidence.

15 March 1882 a decree was issued that bills and cross bills would be dismissed, with each party paying their share of costs. Presumably the estate[s] were settled not long afterward.

Erasmus Denton left a widow Susan and six children: 1] John H. Denton, 2] Mary Denton married William Gore; 3] Susan L. Denton minor when her father died, married Marion Harris, 4] Sarah E. "Sallie" Denton married Rufus W. Allen, 5] Alfred B. Denton of Jackson Co and 6] William H. Denton of Clay Co, who was also one of the Administrators of his father Erasmus Denton's estate.

Toliver Kirkpatrick, for a time Admr of Abraham Denton's estate, was the father-in-law of John H. Denton [son of Erasmus].

T. S. Birdwell gave deposition 10 March, 1881, then age 53. Said he had no interest in this case...think I am a little related to all of the parties.

Sallie E. Allen, daughter of Erasmus Denton, gave deposition, said in 1862 John H. Denton bought land from Uncle Harvey Butler. I was 16 in 1862. John H. Denton left this county for Missouri in 1869.

Mary E. Gore, daughter of Erasmus Denton, married William Gore in 1851 and have been living together ever since. I am age 47. August 28-30, 1881

Susan L. Harris, daughter of Erasmus Denton, was age 32 on 10th of last May. Married December 1869. Was 19 on 2nd February 1869. After father died, W. H. Denton was my regular guardian. August 30, 1881

A. B. Denton, was age 29 the 29th of last October. Erasmus Denton was my father. W. H. Denton is my brother. George H. Morgan's wife [one of the attorneys] is my cousin. Cynthia White and Margarett Denton are my aunts. August 30, 1881

William H. Denton, am son of Erasmus who died 19 Jan 1863. Sampson Cassety & Toliver Kirkpatrick were the first administrators. Sampson died, Toliver resigned, then December term 1866 G. H. Morgan and myself were appointed. I was a soldier in the Confederate army in 1863. August 30, 1881

Geo H. Morgan, age 39. T. Kirkpatrick resigned as admr December term 1866. A. W. DeWitt brought suit for Plaintiff against Erasmus Denton's estate. Aug 31, 1881.

Marion Harris: "I am husband of Susan Harris, formerly Susan Denton". Aug 31, 1881.

John H. Denton: Gave W. H. Denton a bay mare and colt as payment on debt, shortly before I went to Missouri. 20 December 1880.

NOTICE TO SHERIFF: Polly White & David K. Fink filed bill against Watson M. Cooke, Russel M. Kinnaird, James W. [?]Lamper & W. C. [?]Cherry. Enjoin from collecting two judgments.

BILL OF COMPLAINT: John L. Britton against John M. Dixon & Geo M. McWherter and Benjamin C. White as Executors of Last Will of Robert White deceased 16 November 1843. McWherter & White gave Dixon small claims totaling $277.82 to collect. Defendant Dixon in 1849 left the State. His brother in law paid about $50. Balance uncollected.

ANSWER: John M. Dixon of Anderson Co, Texas, a defendant to Bill of Complaint of John L. Britton of Jackson County, TN against J. M. Dixon, B. C. White and G. M. McWherter. Various small claims about November 1848 were placed by Complainant in hands of Defendant for collection. Took notes [for payment] and placed them in hands of William C. Purcell, then acting constable. 16 January, 1854 [Signed] J. M. Dixon Acknowledged: Palestine, Anderson County, Texas

LIST of accounts left with me for collection November 18th 1848 by John L. Britton -

Joseph J. Walker $9.15, John Van Hooser $4.15, John B. Saunders $2.30, Joseph Stafford, Jr. $2.55, Mary H. Brooks $.72, Thomas Gaw $2.57, Jane Proctor $2.65, James M. Taylor $2.96, Hiram Harley $2.97, S. K. Lansdon $25.98, Nathan Montgomery $6.28, Catherine Cowin $3.20, Henrette Dennis $.50, Miles Dennis $.50, Joseph Clemmons $12.30, Cornwell Pleasant $4.40, James ?L. Quarles $2.75, John L. Mahany $1.13, David K. Flatt $4.20, Woodson Page $1.89, Jonas Stafford $.50, George Sizemore $2.45, Young Crocker $2.52, William Davidson $.88, William Loftis $50, James Price $2.85, Henry Cowin $.70, S. McCormick $5.26, [blank] Berry $.35, Mary Price $2.75, Peter G. Cox $.70, James Poston $1.47, Benj Chapman $1.40, Michael Ghormly $.70, William Chaffin $.??, P. A. Dudney $1.50, Fenton Patterson $15.35, Geo Kinnaird $.??, Andrew Dudney $2.75, John Chaffin $1.15, Alfred Prior $1.12, Thomas Davidson $6.95, Benj. Patton $4.38, Butler vs Holmes - wit tickets $23.98, M. Young vs Cornwell $11.13, State vs John W. Berry $3.66, State vs John W. Berry $1.87, S. M. Anderson $27.00, Elijah Stamps $2.20, Wm P. Witcher $5.50, Larkin Presley $1.45, Stewart White $7.00, Joseph Stafford $1.60, Isaac Vanhooser $2.98, Wm Putty $11.95, Wm H. Botts $14.62, Wm Hawkins $1.84, Putty & Kelly $8.68. Total $277.82.

NOTICE: James W. Locke filed Amended Bill of Complaint in Chancery against Patrick H. Dudney, Sidney Dudney & Robert White. Said White has no title to land, per Robert White vs Silas C. Cornwell. 1st Monday in November 1842.

BILL OF COMPLAINT: James W. Lock of Jackson Co against Robert White, Patrick S. Dudney & Sidney Dudney, Jackson Co. Complainant owns 450 acres, he and ancestor owned upwards of 30 years, southwest boundary line on Cumberland River adjacent defendant White commencing on west bank. Robert White and the said Dudneys have lately disputed his tenants, brought writ of Forcible Entry & Detainer against Orator & tenant Thomas Davidson, also against Silas E. Cornwell. Suits pending.

DEPOSITION: Daniel Johnson, known land 35 years, line 30 years. Burris place and the place William Lock and now James Lock live upon by the Burris ayres [heirs] and I was one of the ayres, line crosses the road. William Lock was the father of present complainant. Mrs. Christian showed me the line. Brooks ferry landing...sometimes banks would cave in and he'd go further up or down to land the ferry. Brooks & Lock were hostile. Lock said he would let me and all the Burris family ferry free if I would stop up that road of Brookses. 5 July 1843 [Signed]

DEPOSITION: Joseph Neole [Neill] about 50, knew boundary of Col. William Locke, father of James W. Locke 6 July 1843. [Signed] Joseph Neill

DEPOSITION: Nathaniel Coons about 46. Didn't know lines until lawsuit between Mary Christian and Robert White. I and Franklin linch [sic] cut an oak board tree for Col. Locke about 1816 or 1817. 6 July 1843. [Signed] N. Coons

DEPOSITION: Joseph Cowin for Complainant, about 48. Edward Sisemore showed me the corner. 6 July 1843 [Signed]

DEPOSITION: Amos Kirkpatrick about 64, was one of jury to view land in dispute with Alexander Kieth, Hamilton Montgomery, James Crabtree* and Jones Young. Lines were laid off after the last war [War of 1812] and before Gainesboro was settled. 7 April 1845.

*[Believe this RWS James Crabtree b 20 Feb 1762 Bedford Co, VA, to Wash. Co,IL by 1830, some desc. stayed in Jackson Co - mlj]

CHARACTER WITNESSES: Joseph Stafford 57, William Poston 49, Frances N. Chapman about 32, Amos J. Chapman 36, John bud [sic] Thomas 62, Elizabeth Eaton 41. [Testified to Mary Cornwell and/or Ben E. Williams' character. Overall response good, depending on which side they favored].

DEPOSITION: Robert Jennings age 69, moved to a house at the mouth of Doe Creek January 1817. Brooks left in Feby following, I think. We lived in one house about a month.

DEPOSITION: Coleman White age 19, my father and I made the first fence there in 1837 or 1838 for the purpose of taking stock over the river. I was tending ferry there in 1838 with my brother. Old Mrs. Lock, mother of complainant, and Mr. Cornwell forbade us landing above a bunch of maples. Mrs. Cornwell said it was their corner. Her Negro man Pleasant was there, and John F. Griffith and my brother Matthew, R. W. White and Stewart White. [Signed]

DEPOSITION: Mounce Gore age 50, am County Surveyor of Jackson Co. Robert White called on me to run lines for a 640 acre grant from the State of North Carolina to James Cole Montflurence & Richard Fenner. I think Mrs. Christian (now Mrs. Cornwell), James W. Locke, the Complainant, and a Mrs. [?Mr.] Edwards were with me. This was 1839 or 1840. [Signed]

DEPOSITION: Elizabeth Hall, age 51, was talking to Mrs. Cornwell at her house...her brother was William Locke. Mary Christian (later Mary Cornwell, now deceased) said L. [or S.] M. White had sued her or was about to sue her. I understand they had a suit about it and she gained [won] it. [Signed]

DEPOSITION: James A. Hall age 59, had a conversation with Wm Locke 13 or 14 years ago and Col. Locke came down - this was the first year that Nathan Montgomery kept the ferry there. [Signed]

DEPOSITION: Henry W. Kirby 46, stated he had a difficulty with James Jones, who was Mrs. Cornwell's husband. Mr. Jones, Capt Murray & myself were going to Sparta and being overtaken by some men, I passed a joke upon Mr. Jones, found afterward he took offence. Didn't know he was mad until a few weeks later when me and my wife went to see Mrs. Jones. I walked out, Mrs. Jones came out and said don't mind him - he had drunk until he lost all reason, and he had no more reason than one of their little children.

Question: Did you attempt to pay your addresses to Polly Ann Locke and was opposed by Jones and his wife, and you said hard things about the family?

Answer: No, never said anything bad, never difficulty until Jones fell out with me at his house. 24 Oct 1843 [Signed] Henry W. Kirby

DEPOSITION: John M. Burris age 61, known Mary Cornwell 40 plus years. Was sworn [in a case] llth March last, about a truce between Robert White and Silas C. Cornwell...regarding lines. I was out of the state when their disagreement occurred.

DEPOSITION: Benjamin E. Williams age 41. Mary Cornwell sued me and recovered judgment. I hired her negro man John. 25 Oct 1843 Benjamin [his X mark] E. Williams

DEPOSITION: Denton Moore, 46, stayed at Mr. Brooks where ferry is now and some at Mr. Slaughter's when I was here 1812. Road then was south side of river and landing where it is now. 4 Nov 1843. [Signed]

DEPOSITION: Achilles Hare 38, Col. Wm Locke pointed out boundaries of tract owned by James & Elizabeth Locke where Silas C. Cornwell now lives. [Signed] A. Hare

DEPOSITION: Littlebury Young 41, know boundaries. Littlebury [X] Young

DEPOSITION: Peter G. Cox age 35, in 1822-3-4 was in company with Col. Lock, he pointed up the river to house now occupied by Tho Davidson...Alvey Sizemore lived there in the bottom, think below the house where Davidson now lives. 14 July 1843.

DEPOSITION: Worley Young, 33, was present when S. S. Dudney demanded possession of James W. Locke & Thos Davidson on the north side of Cumberland where Davidson now lives. 14 July 1843 Worley [X] Young

DEPOSITION: Samuel J. Gilliam 43. Doctor Montgomery had a ferry there between 1824 and 183[smear]. Col. Wm Lock came down...angry at Montgomery's ferry man, said he would sue them.

DEPOSITION: James Hibbitts age 3_ [smear - maybe "7"]. Jany 1842 I had some salt. White recommended me to Dudneys as a safe place to keep it till I could get it away. White loaned some plank to cover it in the field. 15 July 1843 [Signed]

DEPOSITION: Yelviton Nevle, age about 80. With William Scanland, summoned to review a road, north side of Cumberland about 1816 for James Young. Wm Locke not willing for road to run on his land. The Burrises and Dials were along that day showing how the lines ran. The Burrises and Dials then owned all the land which we run all that road upon. 5 August 1843. [Signed] Yelverton Nevell

DEPOSITION: William Scanland, about 64. Was one of jury of view to lay off road running down Jennings Creek, crossing Cumberland River at west corner of Wm Lock's land in 1816, with Yelverton Nevle, Amos Kirkpatrick, Alexander Keith and others. Am familiar with John Murry's way of making marks, JM. [Each surveyor apparently had a unique way of marking corner and boundary trees, called "chops"]. 5 Aug 1843 [Signed]

DEPOSITION: Edward M. Cason, about 37, acted as J.P. on trespass case of Robert White vs Polly Christian. Coleman White was a witness, said Mrs. Christian, Polly Ann Locke and James Lock came down to White's Ferry and claimed his father had a forked maple cut down and that was their corner tree.

At the trial, Polly Christian had a block of beechwood that had been cut from a [boundary] line tree and growth rings agreed with date of deed. Acted as J.P. with [?init N., Y. or G.] Jackson and Thomas J. Rose. 2 Nov 1843. [Signed] E. M. Cason

DEPOSITION: Thomas [?]Rdchasides age 30. Robert White claimed under Warrant 1207. [Signed] Thomas [his X mark] Kch_ _side

DEPOSITION: Elizabeth Eaton 41, conversation with Patrick N. Dudney and Sidney S. Dudney as to who was to pay costs should Robert White lose. Elizabeth [X] Eaton

DEPOSITION: Mary Cornwell, age about 55. My father was Joseph Lock and William Locke my brother. Lines are the same that Daniel Johnson speaks of in his deposition, that was run in 1801...my understanding that old man Burris that I speak of got James Gwin to run the line. My sister was to have the lower tract of land and Edwards, my brothering [sic] law was about selling the land and my father paid him, Edwards, for it and would not make him no write to it...they was a debt came agin my father from Kentucky for $300...Qarles [to whom debt owed] preferred a horse Edwards owned, then father made Edwards a deed for 100 acres. I moved on the James W. Locke's farm 1833. Chops on west corner marked JM dated 1816, Stewart White was picking them out and Pinckney McCarver told him to quit and he done so.

Question by Robert White: Did Mr. Christian tell me in your presence he was afraid he had run his fence on my land, and for me to go and see...? [Refused to answer].

Question by Robert White: Was you and James Locke & Mathew R. White & Stewart White & Colman White at my house...?

Answer: I was there, James Locke was not, John F. Griffith was, Mathew R. White and Mr. Ayres came up...George Flin was with me.

I am the aunt of James W. Lock and the wife of Silas Cornwell. 2 November 1843 [Signed] Mary Cornwell

DEPOSITION: Mark F. Edwards about 63, live Wayne Co, TN. Acquainted with land on North side of Cumberland opposite mouth of Roaring river...belonged to old Mr. Burris & Joseph Locke. Lived there from 1804 until 1808. In 1804 I purchased 100 acres from Joseph Lock the grandfather of James W. Locke. 8 Sept 1843 [Signed]

DEPOSITION: Richard P. Brooks age 33. Robert White claims same land that McLimore & Vaulx owned on north side of Cumberland river where Robt White now lives. Some time in 1842 Mrs. Christian asked me to examine warrants #9291 and #9026. Dated 26 Sept 1843.

DEPOSITION: Nathan Pharris 50, saw marked beech tree 22 years ago when there was another dispute. William Draper kept the ferry at that time. Was running the line...John Burris said he marked a yellow wood. [Signed]

BILL OF COMPLAINT: G. M. McWherter against Cynthia White. Matthew R. White departed life in Jackson Co, TN Feby 1846, leaving widow Judith V. White, then in bad health and an infant son named Matthew. At insistence of Judith White, orator became guardian of child Mathew. Some five months after death of husband, Judith V. White also died. From then to now, Orator has been guardian but permitted him to live with the late Robert White his grandfather, with the agreement that as long as orator permitted him to stay, no charge would be made for board or tuition. Since Robert White's death November last, said Matthew has been kept by defendant and despite being urged to send him to school, has not. Orator has heard said Cynthia is purposely hiding Matthew, trying to get hold of his inheritance. 10 Feby 1853.

ANSWER: G. M. McWherter to bill by Cynthia White and others. Respondent and Benjamin C. White were appointed and qualified Executors of Will of Robert White. Benjamin C. White is since dead.

The sons (not children as charged) of William White are the devisees of said Benjamin C. White. Wm H. Botts and James A. Spurlock are Executors of Benj C. White.

Robert White left considerable estate both real and personal, special legacies paid except $1000 to Matthew White.

Lucinda Montgomery, a daughter of Alexander and Polly Montgomery married John Cox. More than two years have elapsed since will probated. 13 July 1855.

BILL OF COMPLAINT: Cyntha White of Jackson Co, TN against George M. McWherter, executor of last will of Robert White deceased, Colman White, Polly White, William H. Botts & James A. Spurlock as Executors of Benjamin White dcd, George M. McWhirter & wife Martha McWhirter, Hamilton Montgomery, Caroline Montgomery, Penelope Montgomery, Robert Montgomery, Earle Montgomery, Thomas Montgomer, Nancy Montgomery, Nathan Montgomery of Jackson Co, TN; Joshua P. Stone & wife Narcissa Stone of White Co, TN, John Myers & wife of Bedford Co, TN, John P. Case of State of Arkansas & John M. Dixon & wife Jane Dixon of State of Texas. Robert White died 1852 in Jackson Co, TN leaving Oratrix his widow & the defts (except Botts & Spurlock) his devisees & heirs. Benjamin White, decd left widow Polly and three children of defendant William White his devisees. Special bequests by Robert White to grandchildren:

Mary Young, now Settle, $640.

Robert White, son of Stewart White, deceased $500.

Matthew White, son of M. R. White, deceased $1000.

After special bequests, balance to be equally divided between Orator & defendants George White, Colman White, the said Benjamin C. White, William White, George M. McWherter & wife Martha McWherter, John M. Dixon & wife Jane Dixon, John Myers & Nancy Myers, Narcissa Stone, wife of Joshua R. Stone, and the children of Polly Montgomery, deceased who are defts Hamilton, Caroline, Penelope, Earl, Robert, Hanna, Benjamin, Nancy & Nathan Montgomery, Jr. and deft Loucinda Case who since intermarried with John P. Case.

NOTICE OF DEPOSITION: We Robert White and James W. Lock agree to meet at Trenton at the court house 21 August 1843 next to take deposition of William Dial.

24 Aug at Jackson [Madison Co, TN] in the court house to take deposition of James Vaulx, and at Hernando in Mississippi to take deposition of John Murray, and house of Mark Edwards in Wayne Co [Tennessee] on 8 Sep to take deposition of said Mark Edwards. Dated 6 July 1843. [Signed] Robert White, James W. Lock

DEPOSITION: Thomas Herod, age about 21, was there when they let down the fence. 15 Sept 1843. Thomas [X] Herod

DEPOSITION: Susan Sizemore, age 43. My husband kept the ferry (now kept by the Dudneys) 9 years ago. Edward Sizemore was my husband. He leiced [leased] a pasture from Mr. Lock and sold his leice to Marshall Anderson. Susan [X] Sizemore

DEPOSITION: Lawrence M. Anderson, age 29. Heard Col. Wm Lock say in 1829 or 1830 he was agent for Mclemore & Vaulx and he rented some land to my father. I kept the ferry in 1837. House was built 1835 on land in dispute by Alvera Sizemore and I bought the house from Sizemore, moved it to mouth of Roaring river and got land of Robt White to move it; maybe asked Polly Ann Locke's leave, not certain. 16 Sep 1843. [Signed] L. M. Anderson

DEPOSITION: Lydia Hamilton, 57. Edward Sizemore leased a place from Mr. Lock and sold it out before time was up to Martial Anderson & Missus Jones it was then I moved on the Lock's land and she bought him out and she giv me leaf to liv on the lower end of that lease and I lived there two yeares. Heard Mrs. Jones say she bought Martial Anderson's lease out. Lydia [X] Hamilton

DEPOSITION: William Curtis age 23, testified as to chops [surveyor's marks] on trees. Edward Sizemore dead, don't know how long.

DEPOSITION: Pinckney McCarver 34. Known land since about 1830-33, lived there part of three years. Left because of quarrel with old Wm Lock. He said he was agent for Maclimore tract & I disputed it & commenced building a boat. Saw Mr. White's son Stuart cutting of the figures of the tree.

DEPOSITION: Polly [?]Casin about 48. Became acquainted with the ferry Robt White now owns when Brooks lived there. Dated 27 Sept 1843. Polly [X] Casin

DEPOSITION: Nicholas Hale age 62, was no road before John D. Brooks put a ferry in. N. [X] Hale

DEPOSITION: [No new information; testimony as to character, boundaries, etc. Jan-Mar 1844]: Lawrence M. Anderson 30; W. B. [?]Hoffa/Hoffan 24; Jas W. Smith; John Cummins about age 60; Wm Gipson; Amos J. Chapman 36; Louisa Sizemore 28.

ANSWER: Thomas J. Jones & Franklin Cassity to Bill of Complaint of James Eaton, etal, regarding life estate of Lock in 5 negroes [Very difficult to read].

DECREE: Benjamin C. White heirs against George McWherter, 14 July 1854. States Robert White died about October 1852.

Newton Moore vs J. D. Bennett, Court Decree dated 9 Sept 1887. Complainant entitled to relief. Newton Moore owned on 26 April 1882 land on north side of Cumberland river in Dist. 1, bounded by A. F. VanHooser on north; Cumberland river on east; land allotted to C. F. Moore out of the land of J. W. Lock on the south; land of M. A. Herod on the west.

Thereafter 26 April 1882 James D. Bennett, who is now dead...whose heirs are now before the county brought action of ejectment against Complainant. Such action based on deed executed by G. R. Maddux, Sheriff of Jackson Co. Fraudulent sale, fraudulent decrees in the cause of Newton Moore's wife against J. W. Locke & others and J. D. Bennett, receiver against Newton Moore & others.

Character Witnesses Mary Cornwell and/or John Cummins, 16 Feb 1844:

Tandy K. Witcher age 69, known 40 years, s/s [s/s here - signed as spelled]

William Scanland age 65, known 35 years, s/s Wm Scanland

John Carothers age 65, known 18 years, s/s John Caruthars

John Dickson age 73, known 30 years, s/s

James H. Richmond age 32, no years, s/s

Robert Richmond age 56, known 35+ years, s/s

Thomas Price age 46, known 20 years, s/s

Broadus Gaines age 52, known 25 years, s/ Broaddus Gaines

Thomas Murry age 55, known 28 years, s/s

George Teal age 52, known 15 years, s/ George Teel

Richard P. Brooks age 33, known 12 years, s/s

David Griffith age 56, known 40 years, s/s

Joseph Hancock age 40, known since I was small boy, [X]

Pleasant Henley age 44, known 20 years, s/s

Thos L. Bransford age 39, known 18 years, s/s

James H. White age 65, known 20 years, s/s

John H. Tolbert age 40, known 29 years

ANSWER: James A. Spurlock & William H. Botts, Executors of Ben C. White, decd to bill of complaint of Mary White & heirs of Mary and David K. Fink, and cross-bill against Respondents and Benjamin White, Robert M. White, William S. White, Isaac R. White and David C. White.

BILL OF COMPLAINT: Polly White and David Fink against Spurlock & Botts. Benjamin C. White, her husband, died in Jackson Co 12 August 1854, left last will. Gave personal property, horses, cattle, hogs, sheep to widow for her benefit and sale. William H. Botts advised her to sell so that they would not be an encumbrance, not knowing Botts intended to apply money from sale to husband's debts. Ample provision had been made by Testator for payment of debts. Sold three Negroes for purpose of paying debts.

Surplus in the hands of Botts, she became indebted, sold her interest in land and slaves to David K. Fink, who was to pay debts and support her during natural life. Mentions Negro George. [Signed] Murry DeWitt & Bros, Sol. for Complainant

ANSWER: Botts & Spurlock, Executors to Bill of Complainant of George C. White, Benjamin White, Robert M. White, William T. White, Isaac R. White & David C. White, Complainants. Benjamin C. White died Aug 1854 at his residence in Jackson Co. True copy of will is on file. Respondents do not know whether Complainants are the sons and only sons of William White, brother of Testator, but will does not contravert that fact. February 4, 1856. [Signed] Spurlock & Botts

BILL OF COMPLAINT: Mary White of Jackson Co, TN vs Botts & Spurlock of said county and Benjamin White, Robert M. White, William T. White, Isaac R. White and David C. White of the county of Sevier, State of Arkansas. Oratrix is widow of Ben C. White. At his death in August 1854, he owned five negroes: Sarah, old and almost valueless with her two children Tom age then about 21 and Mary then age about 23 and her three children George then about 8, Abe then about 3, Bob then about 8 months [adds to six - mlj]. Ben White also owned remainder interest in his deceased father Robert White's estate. Oratrix has absolute title to land and negroes Sarah and Tom; also Mary and her children, unless necessary to sell to pay debts. Dated 5 Feb 1857

LAST WILL & TESTAMENT OF BENJAMIN C. WHITE

Jackson County, Tennessee} Knowing that it is appointed for all men to die, I Benjamin C. White do make and publish this my Last Will & Testament, hereby revoking and making void all other wills by me made at any time.

1st I direct that my funeral expenses and my just debts be paid as soon after my death as possible out of any monies that I may die possessed of or may first come into the hands of any Executors.

2nd I direct that my negro woman named Mary and her children, viz George, Abe and B ob be sold so as not to be parted, provided they can be sold for Two thousand two hundred Dollars $2200 and the proceeds of the sale of said negroes to pay for my land that I now live on further provided that said negroes shall not be sold if any portion of my Fathers Estate should be paid into the hands of my Executors immediately after my Death if said money should be paid into the hands of any Executors then my lands to be paid for out of said money and my negroes above named be not sold.

3rd that if any money should be paid into the hands of my agent William White in Arkansas I want said money to be paid towards my land.

4th I give and bequeath unto my beloved wife Mary my farms that I now live on and all of my negroes during her natural life.

5th I give and bequeath unto the son of my brother William White said lands and negroes after the death of my wife the land and negroes left to her.

6th I give and bequeath to my wife Mary all my personal property and monies left after paying my debts.

7th I direct all the sales of my property made by my Executors be made on a 12 months credit.

Lastly I do hereby nominate and appoint William H. Botts & James A. Spurlock.

In witness whereof I do to this my will set my hand and seal this 11th day of August 1854. [Signed] B.C. White [Wits sign] H. M. Clements, Benj Hale September Court 1854

ANSWER: Robert M. White, Benjamin White, William S. White, Isaac R. White and David C. White alleged to be minors, by their guardian ad litem Benjamin B. Washburn.

William A. Hufhines departed life intestate in Jackson Co, TN 1857. Riley W. Hufhines appointed Admr with defendants Thomas Hufhines & Adam S. Hufhines his security. Adam S. Hufhines appointed guardian of Complainants, heirs at law of William Hufhines deceased, with defendants Lewis His & James W. Draper as his securities and that he [?] reneged/resigned his trust on 6 April 1864. On the same day, Thomas Hufhines appointed guardian with defendants Daniel [or David?] Hufhines Jr security.

Complainants are all minors except Charles White and Manor [Marion] Hufhines.

Malinda J. White and husband Charles White, residents of Illinois; Harriett F. Hufhines and husband Marvin Hufhines; James J. Hufhines; Daniel A. Hufhines; Amanda E. Hufhines; and Thomas W. Hufhines by their next friend Amos Rogers have this day filed suit...17 October 1865.

Dower laid off 1 March 1858 to Jane K. Hufhines, widow of William A. Hufhines.

Children of William A. Hufhines:

Riley W. Hufhines,

Adam S. Hufhines of the State of Kentucky,

Malinda Jane Hufhines intermarried with Charles White,

Harriet Frances Hufhines and husband Marion Hufhines,

Joanna Josefine Hufhines,

Daniel Asberry Hufhines,

Amanda Elizabeth Hufhines,

Thomas Wh_ _ _ Hufhines. Last six are minors.

DEPOSITION: A. W. Draper, age 31...have note in my possession purported to be signed by A. S. and Thomas Hufhines, payable to guardian of minor heirs of William Hufhines, decd...came to my hands when I took charge as guardian of Daniel Hufhines, Sr...appointed guardian about two years ago. Said Daniel yet living, non compos mentis. I am his grandson and one of his heirs.

R. F. Richmond held papers before I was appointed. His first wife is the daughter of Daniel. She is deceased. Her children are heirs of Daniel Hufhines, but Richmond is not.

Daniel Hufhines and his son George Hufhines, after the date of the note in Jany 1860 controlled the far, negroes, until all the old negroes were sold for his support Jany 1859.

BILL OF COMPLAINT: Scott Crawford of Jackson Co, Tennessee against Mary White, David K. Fink, Parish Sims, James Marshall of Jackson county & James R. Tolbert of State of Missouri. On 15 October 1857 Fink purchased the life estate of Mary White in land bequeathed by husband Ben E. Chaffin [?error, or possibly a first husband?] and three slaves - man named Tom about 23, George about 11, the other named Bob about age 3. Fink to pay all of defendant White's debts....owes for boarding a horse.

ANSWER: David K. Fink states sold his interest in Polly's estate for $1.00 to James Tolbert in trust for Parrish Sims & James Marshall...being where I now live...in exchange for their staying a judgment that R. P. Brooks obtained. 5 Feb 1859. [Signed]

LAST WILL & TESTAMENT OF ROBERT WHITE

I Robert White of the County of Jackson and State of Tennessee being of sound mind and disposing memory do make and publish this my last will and testament hereby revoking and revoking [smear] will and all other wills heretofore by me made and published.

1st It is my will and desire that ___ pay all my just debts as soon as practicable after my demise.

2nd I will and bequeath unto my beloved wife Cynthia White one hundred and fifty acres of land to be laid off to her as follows: Beginning on the North East corner of the Burris ferry & runing [sic] thence due west to Cumberland River thence up the river with its meanders thence East to my East boundary line thence North with said line to the Beginning so as to include our hundred & fifty acres the dwelling house orchard out houses etc. that she have the sole use and title to the same during her natural life or widowhood and when ever the same shall have been terminated either by death or marriage said land shall be equally divided amongst all my children except my grand son Matthew White and my grand daughter Mary Young.

3rd I give and bequeath unto my Grand Son Matthew White one thousand Dollars in lieu of the land I intended for his father and confirm unto him and his heirs forever the title in and to the negro Boy Jerry which I formily [sic] gave to his father in his lifetime which is all of my estate either real or personal that I intend for him to have.

4th I will and bequeath unto my grand Daughter Mary Young the sum of Six hundred Dollars which is all of my estate of any kind I intend her to have.

5th It is my will and desire that my executor sell on a credit of one and two years all the remainder of my property not herein disposed of both real and personal, except the following named negroes to wit, Sarah and Booker and Dick the first of whom Sarah shall choose her a home amongst my first set of children & the two latter of whom old Booker & Dick shall choose their homes amongst my second set of children and that the proceeds of said sale shall be equally divided amongst the following named persons (towit) Cynthia White, George White, Benjamin C. White, Narcissa Stone, William White, John Myers & wife Nancy my Daughter, Stuart White, Coleman White, John M. Dixon & wife Jane my Daughter, George M. McWherter & wife Martha my Daughter and the children of my Daughter Polly Montgomery Deceased, provided however that my wife Cynthia shall not be intitled to any portion of the fund arising from the sale of any portion of my real estate but shall only share equally with those above named in the proceeds of the personal estate.

6. To prevent confusion and misunderstanding the advancements by me heretofore made to the persons as hereinafter mentioned shall be taken into consideration so that the distributive share of each with the advancements to them allready made shall be equal or those who have received larger advancements shall not be entitled to receive anything untill those who have received less advancements shall be made equal with them in making the distribution above named my Grand Daughter Narcessa Stone shall be intitled to one share taking into consideration the advancements heretofore made to her Father & Mother Nathan & Penelopy Montgomery and all the children of my deceased Daughter Polly Montgomery shall be entitled to one share computing the advancements heretofore made by me to their Father & Mother to prevent any? said confusion and misunderstanding and while I solemnly envoke my children to love each other I do solemnly publish the following as a list of charges reasonable and proper for advancements heretofore made them and on which it is my will and desire that the distribution of my estate be based.

1st I have heretofore given to my son Benjamin C. White in money & property the sum of nine hundred and Sixty Dollars $960.00.

2nd I have heretofore given to Nathan Montgomery & his wife Penelopy Montgomery the Mother of Narcissa Stone in money and property the sum of one Thousand five hundred & ninety Dollars $1590.00 nevertheless it is my will that Narcissa Stone their Daughter have title to the House and lot in Gainesboro in which Nathan Montgomery now lives and also title to that portion of my land on the South Side of Cumberland River ?between/being on the mouth of Roaring River & Doe Creek both of which are included in the sum of which her Father & Mother are charged and that her title to the same vests in her immediately after the death of her Father unless he dispose of the same during his life and that he in the mean time use and occupy the same and have the same to dispose of as he chooses.

3rd I have heretofore given my son William White in money and property the sum of one thousand one hundred & Ten Dollars $1110.00

4th I have heretofore given to Alexander Montgomery and Polley his wife in money & property the sum of one Thousand three hundred and six Dollars $1306.00 . Nevertheless the children of Polly Montgomery Decd are to have title to all that part of my lands which lies on or near Blackburns fork of Roaring River being the same now used and occupied by their Father Alexander Montgomery and which are included in the above charges against Alexander & Polly Montgomery.

5th I have heretofore given to John Myers & wife Nancy in money and property the sum of one thousand & Eighty five Dollars $1085.00

6th I have heretofore given to my son Stewart White in money and property and Debts paid for him the sum one thousand three hundred & Twenty Six Dollars $1326.00.

7 I have heretofore given to George McWherter & Martha his wife in money and property the Sum of one thousand forty two Dollars $1042.00.

8th I have heretofore given to John M. Dixon and Jane his wife in money and property the sum of one thousand and thirty five Dollars $1035.00.

9th I have heretofore given to my son Colemon White in money and property and Debts paid for him the sum of one thousand three hundred & thirty one Dollars $1331.00.

7th. It is my will and desire that should any one of those provided for in the fifth Clause of this my last will and Testament die without issue between the date hereof and publishing the same that it make no alteration in the distribution of my property as hereinbefore stated but that the portion intended for one so dying should there be divided among those named as distributees in the fifth clause making the terms therein named the basis of such distribution and should my wife Cyntha White die before me then that portion of personal property bequeathed to her shall be divided as provided for in the provision next above this. Should Mary Young my Grand Daughter or Matthew White my grand son die without issue before my Death or During their minority the bequests made to them shall go to those named according to the provisions of the fifth clause. I hereby nominate and appoint my son Benjamin C. White and my son in law George M. McWherter Executors of this my last will and testament. In testimony whereof I have hereunto subscribed my name and affix my seal this 24th day of January 1852. [Signed] Robert White {Seal} attest: B. B. Washburn, W. R. Kenner

I Robert White being of sound mind and disposing memory do make and publish this as a Codicil to my last will & Testament I do hereby give and bequeath to my grand son Robert T. White son of my Deceased son Stuart White the sum of five hundred Dollars it being all that I intend to him to have of my estate and should the wife of said Stuart Deceased give birth to any other child or children that might be the offspring or issue of said Stuart they shall not take any thing under my will or of my estate and I hereby revoke that part of my will that provides for said Stuart Deceased giving the above sum to his son Robert T. in lieu thereof and ordaining that all the other bequests in said will shall be and remain as therein provided and my property and effects be disposed of as therein ordered subject to the alterations made by this Codicil given under my hand & seal this third day of July 1852. s/s Robert White s/s in our presence B.B. Washburn, B.B. Land

FINAL DECREE: Mary White against George M. McWhirter in his own right and as executor of Robert White, deceased, etal. Mary White recover $100.00 and costs...land of non-resident Geo M. McWhirter be attached and sold to pay it, known as the Woods, Sulphur Spring Tract, Jackson Co, TN in Dist. 5 adjoining land of George Miles, L. B. Cherry, John J. Miles & Jefferson Keith, about 205 acres. 11 February 1860

DEPOSITION: A. W. DeWitt states that the slave Booker died about the 26 Day of December [no year; probably 1859-1859], and was kept and supported at the expense of Mrs. Polly White & D. K. Fink up to his death. [Signed] A. W. DeWitt

DEPOSITION: Wm. R. Kinner about age 32 [or 52] states he heard G. M. McWherter say he would pay Polly White to keep an old slave Booker, the property of Robert White's estate. [Signed] W. R. Kenner

ANSWER: of George M. McWherter, states true Robt White died possessed of old slave Booker & Sarah who is neither old nor feeble. Believes services of Sarah equal to keep of Booker. Ack/Signed: G. M. McWhirter, Bell Co., Texas, 19 June 1858

BILL OF COMPLAINT: Mary "Polly" White vs Geo McWhirter. Oratrix states she intermarried with Benj C. White, son of Robert White by his first marriage, many years before Robert's death. George McWhirter & Coleman White asked her to care for Booker two years, they would be back to this country to pay her. 11 Feb 1858.

DEPOSITION: Sarah Gist age 31 and A. J. Clements 25 state they are acquainted with ould [sic] slave Sarah who now lives with Mary White. Sarah not in good health.

ANSWER: D. J. Shepherd & G. D. Sadler to bill of complaint of James Elrod & others. Adopt answer of C. T. Bates & wife filed 31 Oct 1885.

DEPOSITION: C. F. [?or T.] Bates had conversation with James Elrod re sale of Jackson Co property about 1 July 1883. Said I was going to Jackson Co, asked if there was anything I could do for him. He told me his property was being sold for division as alimony and I should bid on it, there would be no right of redemption; was highest bidder. Mr. Cosby, brother of Elrod's divorced wife was at sale, interested in it bringing top price for his sister. Several suits against it, I compromised or paid off, cleaned up title before reselling to Shepherd & Sadler. This and prospect of railroad coming through Jackson Co greatly enhanced value. There were 1,535 acres set aside to Elrod children.

Question: Was not Elrod a mental wreck when you bought the land?

Answer: Yes, whenever he is drunk and he is generally drunk. 8 Feby 1887.

DEMURRER: D. J. Shepherd & G. D. Sadler aver land not sold for debt, no right of redemption. Sold for division between he and wife Jennie Elrod.

DEPOSITION: D. W. Hawes stated James Elrod did not live in Jackson Co, would come and stay a few days and leave, not of good character. 27 Jan 1888.

DEPOSITION: John S. Quarles stated Woodfolk land assigned to Barr & Elrod heirs, case of W. W. Lyon & others against William Woodfolk. Some interest in land belonged to minor heirs, descendants of the Woodfolks. [Signed]

DEPOSITION: M. G. Butler, agent for C. F. Bates [sometimes middle initial looks like "F", other times "T"; he was from Jackson, Madison Co, TN]. C. T. Bates was up here, desired to sell land, offered to take $6500. On his way home he telephoned me from Carthage, said don't sell for less than $7500. Sold for $8350. J. T. Anderson was talking about buying it about two years after the sale of James Elrod's interest. [Signed]

DEPOSITION: D. J. Shepherd states he bought G. D. Sadler out on 11 Sept 1886. We bought from Bates 13 March 1885. 28 Jan 1888. [Signed]

DEPOSITION: James Elrod, denied talking to Bates about land before Bates bought it at sale. Examined tract books. Tract Book B p. 27, L. T. Lindsey & wife L. A. Lindsey who was a sister to Bates' wife and Mrs. Lindsey being a half sister to me, our mother being the same, conveyed to Bates their interest on 2 Feby 1881, Book D, p. 1 & 2.

I found a deed of J. E. Oates a son of Mrs. Oates who was a sister of Mrs. Bates then dead. She [Mrs. Oates] left three children who had 1/5 interest in said 1535 acre tract. J. E. Oates conveyed 1/3 of 1/5 to C. T. Bates.

Also found decree of Chancery Court of Madison Co., TN, Book D p. 182, C. T. Bates was administrator of Austin W. Elrod, a half-brother of Bates' wife and my whole brother.

Bates was a guardian of J. E. Oates before said Oates became of age.

I resided in Jackson Co. about two years when a boy age 8 or 10 years, then to [cannot read] when I was 18. I never lived in Gainesboro.

Question by Bates: Have you ever been a habitual drunk, been locked up in jail, begged on streets of Jackson County when deranged by strong drink?

Answer: Periodical spreer...left my wife July or August 1882. Been member of Temperance and Murphy Movements.

Benjamin Barr, the father in law of Bates...was on suit against Barr. [Signed] James Elrod

[NEXT DEPOSITIONS - All 8 November 1888, taken in Jackson, Madison Co., TN]:

S. S. Neely, live six miles south of Jackson Co, TN, occupation farmer, age 71. Known Elrod from age 5 or 6, he is 55 now. He resided most of his life in Jackson [Madison Co.] TN.

N. S. White, lived Jackson, TN 20 years, President of the Bank of Madison, known Elrod 20 odd years. He resided most of life in Jackson, TN.

G. H. Ramsey age 54, reside Jackson, TN, grocery business, known James Elrod 20 years.

J. T. Botts, lived in Jackson, TN since 18 April 1866, own dry goods - clothing, hats, shoes, etc.

ANSWER: James E. Oates, Mary E. Oates and Sallie Oates, by guardian ad litem, W. W. Draper. William Woodfolk died owning large tract, James Elrod is his grandson. Woodfolk bequeathed one share to James Elrod & others. Respondent does not know if Elrod is entitled to 17/70 of estate. 8 Feby 1886.

DEPOSITION: James Elrod states he is son of Sarah K. Barr, who is dead. Seven heirs, which I was one: Austin W. Elrod, Saml W. Elrod, Jas Elrod, Mary Elizabeth Oates formerly Elrod who died and has children Jas Oates, Mary Eliza Oates, Sarah [?]T. Oates, Martha L. Bates, L. A. Lindsey.

And the two being half-bloods [Elrod children and Oates children are half-siblings].

Austin Elrod died without a will.

Samuel Elrod is deceased, died testate giving his property to his whole bloods. Saml died in 1861. Sarah J. Elrod died in 1862.

My interest July 1882 was 17/70. [Signed] James Elrod

PROSECUTION BOND: Jennie Elrod and T. W. Cosby as security to James Elrod for $250, Smith Co., TN, 12 Oct 1882.

BILL OF COMPLAINT: Jennie Elrod of Smith Co, TN against James Elrod formerly Smith Co, on his way to Jackson, TN last she heard. Married 1 March 1882 in Smith Co, resided there. Met Elrod Nov 1881 when he stopped at her mother's, said he was looking after business in Jackson Co. He was a cousin of Wade Ligon who is also a cousin of Oratrix. Oratrix had met his sister...estimable lady. He said he was a strict member of the Methodist Church, great Temperance man. He got drunk in Gainesboro, she accused him, he denied, then threatened her. He heard Jackson Co, TN had process against him, he left and hasn't returned...heard he went to Hartsville then Gallatin then Nashville. Asks he be enjoined from selling land, requests name returned to Jennie C. Cosby, she be decreed alimony out of his property. Thomas Cosby posted bond. Granted 28 May 1883.

ANSWER: James Elrod states all her mother's fault, her mother poisoned her mind.

BILL OF COMPLAINT: James E. Elrod and N. S. White of Madison Co., TN; C. T. Bates and wife M. L. Bates of Madison Co., TN; and James Oates, Mary Oates & Sallie Oates of State of Arkansas; L. T. Lindsey & wife L. A. Lindsey of State of Colorado; D. J. Shepherd & G. D. Sadler of Jackson Co., TN; J. G. Searcy of the State of Texas.

William Woodfolk, Complainant James Elrod's grandfather died, left an interest to his grandchildren:

Complainant James Elrod, Mary E. Elrod, Sarah Jane Elrod, Austin Elrod are the children of his daughter Sarah K. Barr, said Sarah K. having first married James Elrod and then after his death married to Benjamin Barr.

The first named Elrod children are by her first marriage.

Defendants M. L. Bates and L. A. Lindsey by the last marriage.

Austin Elrod died intestate, as did Sarah Jane. Mary E. who had married Oates died intestate leaving defendants James, Mary E. and Sallie Oates her only heirs & children, being minors without guardians.

Samuel Elrod died leaving a will, giving all property to his [full] brothers and sisters, to wit: Complainant James Elrod, Mary E. Oates then living, Sarah J. Elrod then living, and to J. G. Searcy a friend of his [Samuel].

Married Jackson Co, TN 15 July 1894, happy four months, he got contrary, she went to her brother's, he came after her, promised he and children from a former marriage would be nice, she went to her father's house about four months, he came after me...ditto. I filed bill for divorce, had property attached, he begged me to come back, sent his son. I did...ditto. Lists his personal property, wants attached. She has no means of own, working for support at G. W. Gentry's. Asks divorce, division of property as alimony, return of maiden name Mabery, defendant pay costs of action.

[NOTE: Appears business related, does give James Eaton heirs].

JACKSON CO, TN} By leave of this court, the following are made defendants: ?Newton Moore?, H. P. Spivey, Lafayette Washburn, H. H. Cason, George H. Morgan, William Speakman, J. M. Morgan, Samuel Chapman, N. M. Crowder.

Administrators of B. B. Washburn, deceased, William E. Elkin, B. A. Smith, James Walker, James Stafford, Peter G. Cox, E. C. Stamps, A. B. Denton, D. R. Buchanan, Z. Vanhooser, McCue and Hall, a firm composed of W. W. McCue and Samuel Hall, Jesse [Z. or Y.] Beck, and the following distributees of James Easton: Mary A. C. Eaton, Lizzie Hampton, and her husband George W. Hampton, Etta Eaton, William Eaton and Lucetta Eaton, Etta married Charles Frost and are of Kentucky, Etta Frost, William Eaton and Lucetta Eaton are minors without general guardian, all others are of Jackson County Tennessee. ?These are made defendants in case of A. J. Whitehead vs Robert A. Cox, John M. Gipson and Robert A. Washburn.

SYNOPSIS: This case gave no familial relationships, concerned the formation of the Roaring River Mill Stock Co, for the purchasing the steam, saw and grist mill now run by A. J. Whitehead, formerly by Shaw & Whithead, now by R. A. Cox. Researchers of Jackson Co., TN and its businesses may wish to review the microfilm.

Subscribers to stock purchase: R. A. Cox, H. P. Spivy, Newton Moore, James Eaton, R. H. Washburn, J. B. Anderson (donation), Geo. H. Morgan, Albert Kirkpatrick, Wm. Speakman, Samuel ?Stafford.

DEPOSITION: James Moreland, known Pinckney McCarver 30 years, McHenry 20 years. Shipped cattle to Nashville, didn't get paid, filed garnishee.

BILL OF COMPLAINT: Plaintiff sues defendant $1,000, professional services and advice, due from Testator James W. McHenry, following causes:

1. Logan H. McCarver vs Pinckney McCarver.

2. Administrators of Langford vs Pinkney McCarver, L. A. McCarver & James S. Stone.

3. A. H. Hoover vs Pinkney Marcarver.

4. Thomas Pippin vs Pinkney McCarver & J. C. Brown, Circuit & Supreme Courts.

5. Gillum Upchurch vs W. C. Anderson & others in Cir Ct. & Supreme Ct, TN.

6. W. C. Anderson vs Gillem Upchurch, Cir. & Supreme Courts, Tennessee.

7. James Richmond vs Pinckney McCarver.

8. Pinkney McCarver vs Gillem Upchurch, pending May 1875.

We again mourn the loss of a deceased brother in our profession, James W. McHenry, a member of this bar died at his residence in Nashville, the 1st day of August 1876. He was born at Jamestown, Kentucky Sept. 10th 1832, and consequently was nearly 44 years old.

When quite young he commenced the study of law. His early education was limited but he was blessed with some of the best teachers in the State. He commenced at the County Academy at Livingston in 1838, then studied at Alpine institute, established and controlled by the venerable John L. Dillard of the Cumberland Presbyterian Church. While there he had the benefit of the instruction of John L. Beverage Governor of Illinois.

Subsequently he availed himself of the instruction of the late James E. Manning of New York, a most accomplished ...[remainder is 'fluff' - no family or bio data]

Married 19 Oct 1902, Jackson Co. Violent, abusive, etc. Personal property, purchased land and had deed made to his mother Elizabeth Wiggins in order to defraud... 4 December 1905. [Signed] Cary Wiggins

Married Cleveland Co, North Carolina about [?]1841, moved to Tennessee 1845 or 1846. He is in illicit relationship with Nancy Ayers, living openly with her. [Note: This divorce was contested, possibly not finalized. Also confusing as to whether testimony regarding Hinds family might be a co-respondent in divorce, or another case; no new folder]. Rachel [X] Wiggins

[NOTE: Stacy vs Stacy mistakenly filed/filmed here. See below this case].

PROSECUTION BOND: 7 November 1874 to Dudley Wiggins; Rachel Wiggins, Principal and R. S. Wiggins Security.

DEPOSITION: William C. Kenada age 44, merchant. [Signed] W. C. Kennedy

DEPOSITION: James Hinds age 23. I am a son of Eliza Hinds. My sister Sarah had been living with my mother about 12 months before she died. She died at my mother's about two weeks ago. Her husband lived there with her, don't know where he is now. He left about a year ago. My sister Mary lives there now, been living there ever since I could recollect. Children at the house belong to my dead sister Sarah and husband William Arnold.

DEPOSITION: William Donoho age [can't read]. Mrs. Eliza Hinds' character good so far as I know. Don't know how long husband has been dead. Sarah Hinds married William Arnold. Sarah is dead, and her two children are living with Sarah's mother Eliza Hinds. Never heard that Mary, daughter of Eliza Hinds has children. Mrs. Hinds is a sister of mine. William [X] Donaho

DEPOSITION: James McClelland, married Eliza Hinds niece. s/s J. T. McClelland

DEPOSITION: Isaac D. Wiggins age 23, son of Rachel and Dudley Wiggins, have been married nearly two years. Lived with Father and Mother before married. R. S. Wiggins has been using horse cart that was attached [by the courts]. Have sister named Caroline.

DEPOSITION: Tabitha Donaho age 39, is wife of H. [?]P. Donaho.

ANSWER: Dudley Wiggins, is true married in State of North Carolina. [Some of] our children are James A. and Caroline and R. S. Wiggins is our son. [Obviously other children; these are just the ones mentioned in his answer to bill of complaint].

DEPOSITION: Rachel V. Russel age 29, am a daughter of Rachel and Dudley Wiggins. Last two or three years lived with father and mother...lived with them until I married Mr. Russell, married nearly three years. Mother has a fretful temper. [Signed]

STACY, GEORGE G.
vs
STACY, ELIZABETH

[NOTE: This divorce was possibly mistakenly filed/filmed with above Wiggins case].

BILL OF COMPLAINT: George Stacy and Elizabeth Stacy, both of Jackson Co., were married in Jackson Co. March 1875. About six months after marriage, were living with Abraham Hix. Became necessary to remove to his own house and she refused. Been two whole years since abandonment, charges adultery with persons unknown. Dated 30 April 1875. Witness: William Harris George G. [X] Stacy

Decree in favor of Plaintiff. M. J. Dixon agent of Wilkins heirs states W. T. Franklin is justly indebted for $37.50. The Wilkins heirs are E. W., John L., Henry S., W. W. and L. G. Wilkins, E. E. and B. Lewis, G. A. Vanwick.

End of Reel #125