Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm
AFFIDAVIT.
State of Nebraska, Otoe County.
7 Feb. 1876.
. . . John F. Wilson was duly and lawfully appointed Guardian of James Leroy Young, minor child and heir of James Leroy Young, deceased, on the 16th day Nov. 1875 . . .and is still the legal Guardian of said ward . . .Nebraska, the state of residence of said minor . . .the amount of $89.01 due said minor from the proceeds of the sale of the real estate of Sarah Hall, deceased, late of Jackson Co. TN.
AFFIDAVIT.
Lafayette County, Missouri.
8 Nov. 1875.
At the October term in 1868 the Probate Court appointed William H. Hockensmith as Guardian of Willie Johnson, aged 6.
SETTLEMENT.
Amount from Sale of Real Estate on 13 July 1871: $4520.00.
Disbursements to Legatees and Distributees under the Last Will and Testament of Sarah Hall, deceased.
William S. McClelland and wife Sarah, $20.
M. McClelland, $20.
Larkin Mondy (Monday) and wife Nancy, $20.
C. Mondy, $20.
Emiline H. Dean, $20.
W. M. Kemp, assignee of Jefferson A. Thomas, $20.
Elizabeth H. Thomas, $20.
E. A. Kemp, $15 and $20.
The above persons represent each a like interest of Nancy Thomas under the Will of Sarah Hall.
The following represent William Y. Thomas.
J. B. Thomas, $5.00
W. R. Thomas $5.00
The following represent the interest of James Thomas. Amount to be equally divided between James (?) Thomas, Ferdinand Thomas and Willie Thomas, $15. (Receipt from Dolly Thomas.)
The following represent the interest of Nancy Thomas.
William S. McClelland and his wife Sarah McClelland, $10.
Larkin Mundy (Monday) and wife Nancy C. Mundy, $10.
Emiline H. Deane, $10.
A. J. Burton and wife Mary E. Burton (represents 1/6 interest of James Thomas), $6.00
Kent, (no first name included) wife of Isaac Kent, represents 1/7 interest of Mary Jane Wheeler, $6.00.
Wm. R. Thomas, represents 1/4 interest of William Y. Thomas, deceased, $2.80.
Germain Thomas, who represents 1/4 interest of William Y. Thomas, $2.80.
Isabella V. Thomas, who represents 1/4 interest of William Y. Thomas, $7.50.
John W. Wheeler, who represents 1/7 interest of Mary Jane Wheeler, $6.00.
Lorenza D. Wheeler, who represents 1/7 interest of Mary Jane Wheeler, $6.00.
The following represent the interest of the heirs of James Young, deceased, who was a brother of the Testatrix.
O. F. Young, $20.
C. F. Young, $20.
Thomas R. Young, $20.
S. G. Slaughter and wife A. E. Slaughter, $20.
Sallie Atkinson, $100, $100, $100.
Elizabeth R. Adkinson, $200, $100.
Alzira J. Adkinson, $200, $100.
The following are the names of those who are dead (to wit),
1st. Nancy Thomas, who is represented by the following children and heirs at law (to wit), Jefferson A. Thomas, Ferdinand P. Thomas, Elizabeth Thomas, Sarah A. and husband W. S. McClelland, Nancy C. and husband Larkin Mundy (Monday), Elliora A. Kemp, Emiline H. Deane and Margarite O. Kemp.
2. Dicy Haggard, who is represented by the following children and heirs at law (to wit), Evaline Robinson and Lee Ann Anderson.
3. Jane Marchbanks, who is represented by the following children and heirs at law (to wit), Martin Marchbanks, Elizabeth Robinson, Sallie Adkinson, Elijah Marchbanks, Ridly Marchbanks. The Executor doesn't know if the last two are yet living.
4th. James Young, who is represented by the following children and heirs at law (to wit), Thomas R. Young, Sarah A. Newsom and husband Saul Newsom, Oliver F. Young, Aletha E. Slaughter and husband S. G. Slaughter, Byrd S. Young and James H. Young.
5. Ann White, whose heirs and representatives are not known to the Executor.
William Y. Thomas is dead and was a son of Nancy Thomas. He left the following named heirs at law: William R. Thomas, Germain Thomas, Isabella Thomas, and Cary Ann Duke, who died leaving two minors, Maggie Duke and Quitman Duke.
James Thomas, a son of Nancy Thomas, is now dead. He leaves the following as his children and heirs at law (to wit), James Thomas, Ferdinand Thomas, William Thomas, Richard Thomas, Margarett Thomas, Mary Burton, wife of A. J. Burton.
Mary Jane Wheeler, who was a daughter of Nancy Thomas, who is now dead and leaves the following as her children and heirs at law (to wit), Sarah M. Kent, wife of Isaac Kent, William T. (?) Wheeler, John W. Wheeler, Lorenza D. Wheeler, James Wheeler, Samuel Wheeler, and David Wheeler.
James Young, a brother of the Testatrix, is dead and represented by the following children and heirs at law (to wit), Thomas R. Young, Sarah A. Newan (Newsom), wife of Sowell (Saul) Newan, Oliver F. Young, Aletha E. Slaughter, wife of S. G. Slaughter, Byrd S. Young and J. H. Young, who are living.
The following named children and heirs at law of James Young are dead and are represented by the persons hereinafter named: 1st. Hariett A. Myers is represented by her son James Jno. Myers, 2. Eliza C. Coker is represented by her son Napoleon M. Coker, 3. William M. Young is represented by the following children and heirs at law (to wit), Margarett Young, Douglas Young, Aletha Shackleford, wife of Park Shackleford, Emma Seitz, wife of A. P. Seitz, Charles C. Young, William W. Young, Elizabeth Young, Eva Young, John Young and Frank Young. 4th. Elizabeth Sutton, who was formerly the wife of Leroy Sutton, is now dead and represented by the following children and heirs at law (to wit), Joel Sutton, James Sutton, W. H. Sutton, Avibill Carmichael, wife of (blank) Carmichael, Eliza Carmichael, wife of (blank) Carmichael, Margarett Sutton, Harriett Sutton and Sallie Sutton. 5th. Nancy Young, who was formerly the wife of Ichabod Young, is now dead and represented by the following children and heirs at law (to wit), Haley Young, Adderson Young, Ducena Young, Josephine Young, Margarett Young, Harriett Young, Elizabeth Myers, wife of Colbin Myers, Sarah Slate, wife of William Slate.
6th. (This numbering doesn't make sense, but is here as in the original document. bp.) Dicy Haggard, who was a sister of the Testatrix is dead and represented by the following children and heirs at law: Leanna B. Anderson, Evaline Robinson, who is living, Malderson Haggard is now dead and his heirs are unknown to the Executor, William Haggard is now dead and his heirs are unknown to the Executor.
7th. Jane Marchbanks, who was a sister of the Testatrix and is represented by the following children and heirs at law (to wit), Martin Marchbanks and Sallie Adkerson and Elizabeth Robinson. A. J. Marchbanks is dead and represented by the following children and heirs at law (to wit), George Marchbanks, Charles Marchbanks, Kate (?) M. Whiteman, Mary L. Anderson, wife of (blank) Anderson, Barton Marchbanks is dead and represented by the following children and heirs at law (to wit), Columbus Marchbanks, Frank Marchbanks, William Marchbanks, Barton Marchbanks, Bell Snodgrass, wife of Seburn Snodgrass, and Jane (?) Dilland who is dead and represented by the following children and heirs at law (to wit), Emiline Ryan, wife of H. R. Ryan and John Dilland. 7. Elija (Elijah) Marchbanks, son of Jane Marchbanks is dead and his children and heirs at law are unknown. 8. Ridley Marchbanks, son of Jane Marchbanks is dead and his children and heirs at law are unknown.
8th. Margarett Williams, who was a sister of the Testatrix and formerly the wife of Sampson Williams, is dead and represented by the following children and heirs at law (to wit), 1. Jefferson Williams is dead and represented by his son Daniel O. Williams, whose residence is unknown. 2. Elizabeth Johnson, formerly the wife of (blank) Johnson, is dead and represented by Maggie Jenkins, wife of (blank) Jenkins, whose residence is unknown to the Executor. 3. Margarett Y. McClelland, formerly the wife of Andrew McClellend, is now dead and represented by the following heirs: Sampson W. McClelland and Sallie Perkey, wife of Orbul Perky, 4. O. D. Williams is dead and represented by the following heirs at law (to wit), Maggie Perkey who is dead and represented by her son Obil Perky, Hattie McClelland, wife of S. W. McClelland, O. D. Williams, Daniel O. Williams, Victor H. Williams, Minnie Edmonds, wife of (blank) Edmonds, 5. Daniel Williams is now dead, his heirs are unknown to the Executor.
9th. John Young, who was a brother of the Testatrix, is dead and represented by his son Alfonzo Young, who is also dead and his heirs are unknown to the Executor.
10th. Ann White, wife of George White, was a sister of the Testatrix, and is dead and her heirs are unknown to the Executor.
WILL.
28 Dec. 1868.
I, Sallie Hall of the County of Jackson and State of Tennessee do hereby make and publish this my last Will and Testament, hereby revoking all others by me at any other time made.
Item 1st. I desire my Executor hereinafter named to pay all my just debts and funeral expenses as soon after my death as practicable.
Item 2nd. I desire and direct my Executor to sell all my personal and real estate that I may own at my death at such time and upon such terms as he may deem best and most conducive to the interest of my legatees hereinafter mentioned.
Item 3. I desire and direct my Executor to distribute the money realized from the sale of my personal and real estate to those who may be my heirs according to the Statutes of Distribution and Descent except as hereinafter provided in.
Item 4. I desire that Alzira Atkinson and Elizabeth R. Atkinson, daughters of Sally Atkinson, receive a share each in the money realized from the sale of my property, equal to that of my sister Nancy Thomas, and that Sally Atkinson in addition to the sum she may receive as heir of Jane Marchbanks receive from my estate an amount that will make her share equal to the share of my said sister Nancy Thomas.
Item 5. I desire in the event of the death of the said Alzira Atkinson or the said Elizabeth R. Atkinson without children surviving them that the legacy hereinbefore bequeathed them to go to the survivor.
Item 6. I desire my Executor to divide my wearing apparel, household furniture, beds and bed clothing together with the money on hand or that may be realized from notes, accounts, etc. (unreadable) equally among my heirs at such time and in such manner as may suit his convenience.
Item 7. I have heretofore given property to my brothers and sisters and legatees under this Will and may make further gifts before my death. It is my desire that the Donees shall not account for said gifts as advancements.
Item 8. I appoint my nephew James H. Young Executor of this my last Will and Testament.
Codacil, 5 May 1870.
. . . I desire that all my household and kitchen furniture such as beds and furniture, etc., one mare and one cow be equally divided between my two grandnieces, Elizabeth Atkinson and Alzira J. Atkinson.
Sally Hall (her mark)
RECEIPT.
18 Nov. 1872.
Received of James H. Young, Executor of the last will of Sarah Hall, $20 of the Devise made to Emaline H. Dean, wife of Adison Dean, who has deserted his wife and therefore he cannot sign this receipt with her.
Emeline H. Deane (signature)
RECEIPT.
28 Nov. 1872.
Received of James H. Young, Executor of Sarah Hall, deceased, $20, a part of the bequest of said Testuary to Nancy C. Monday, wife of Larkin Monday . . .
Larkin Monday (signature)
Nancy C. Monday (her mark)
RECEIPT.
18 Nov. 1872.
Received of James H. Young, Executor of the last Will of Sallie Hall, deceased, $20, a part of the Devise of the Testatrix to Sarah M. McClellan, wife of W. S. McClellan . . .
Wm. T. McClellan (signature)
Sarah M. McClellan (her mark)
POWER OF ATTORNEY
Logan County, KY, 29 Aug. 1873.
To Mrs. Dolly Thomas of Logan Co. KY from James Thomas, Ferdinand Thomas and William Thomas.
All signed by mark.
FINAL DECREE.
This was very difficult to read because of bad bleed through. I have transcribed it to the best of my ability. (bp.)
Sarah Hall by her next friend James Young vs. Adons (?) Hall.
17 July 1851.
. . .on 13 Oct. 1845 the Complainant Sarah and Defendant Adons being husband and wife in (unreadable) to an antinuptual (?) contract made by them, made and executed and written (unreadable) of agreement for the separate maintenance and use of Complainant whereby there was settled on said Complainant a number of negro slaves, (blank) dollars in cash, $1200 in notes or bonds, certificates of stock for eighteen (?) shares of stock in the Madison (unreadable) Company and various other articles of personal property named in said deed and after the execution (unreadable) and delivery of said instrument said Defendant Hall and Andrew McClellan, the trustee appointed in said deed with the assent of Complainant Sarah swapped certain negroes mentioned in said deed, viz. Neptune, Abby, Nonce, Harriet, Mary, William, Artemus and Fletcher for certain other negroes, viz. Sarah, Jack, Sally Ann, Elijah, Deodora (?), Morgan and Tom, and deed (unreadable) made by said Hall to said McClellan and by said McClellan to Hall for the negroes so swapped. It further appeared that by said deed it was the intention that said Complainant should have a fee simple (unreadable) in said property, money, stock, etc. mentioned in said deed, to dispose of as she might deem for the best interest of Complainant, and by her absolutely by devise or will, said property etc. being settled upon her in full discharge and satisfaction of any claim she might have on Defendant for alimony or maintenance and James Young having been at the last term appointed trustee in the name and stead of said McClellan, deceased, and it appearing that it was to the interest of Complainant to sell said (unreadable) stock and some of the negroes. It is therefore ordered, adjudged and decreed by the Court that said Trustee, with the assent and approbation of said Sarah (unreadable) and (unreadable) is hereby authorized to sell said (unreadable) stock and such of said negroes, including the negroes got in the swap, or other property as he, with assent of said Complainant (unreadable) may deem best for her interests and it is further ordered and decreed that Complainant pay the costs for which (unreadable). It is ordered that Complainant have (unreadable) to the deeds bills of sale filed as Exhibits in this Cause.
RECEIPT.
Putnam County, 19 Oct. 1872.
Received of J. H. Young, Executor of Sarah Hall, deceased, $20, a part of our distributive share . . .
S. G. Slaughter
A. E. Slaughter
RECEIPT.
28 July 1874.
Signed by mark, except as noted, for $10 shares of the Estate of Sarah Hall.
Sarah McClellan, Wm. T. McClellan, Nancy C. Munday (Monday), Larkin Monday (signature), Emalina H. Dean, Sarah Kent, Mary E. Burton, A. J. Burton (signature).
THE BILL OF COMPLAINT of J. L. Young and Z. M. Young, Jr. of Jackson Co. TN, Complainants against T. L. Speakman and his wife Nannie Speakman of like residence, Defendants.
On 15 Nov., Defendants executed to J. A. Montgomery and W. M. Gailbreath two promissory notes for $69 each. Defendants gave Complainants (sureties), a mortgage, or trust deed, to the following described tract of land: lying in the 1st civil district of said county, known as the Woody Denson place, bounded north by Hyram Pharris, east by Ace Denson, south by Washburn & Thornton, and west by Thomas Tays, containing 35 acres, more or less.
Complainants charge they have already paid part of the first note, and the second is soon due. The lands conveyed to them by mortgage are insufficient in value to pay off both notes and interest and legal costs.
Defendants are insolvent, and are currently removing valuable timber from this land, and say they intend to continue doing so.
17 Feb. 1913.
He and Defendant were married in Jackson Co. TN on 21 Nov. 1909 and lived together as husband and wife until Jan. 1911. About the time he left Defendant he became suspicious that she was untrue to him, and he found his suspicions were correct. He has ever since lived apart from her. Since he left Defendant, more than two years ago, she has given birth to a child, that she instituted a proceeding in the County Court of Jackson county and swore that one Phoelix (Felix?) Pryor was the father of the child.
Complainant charges that as the issue of said marriage with Defendant there was born, and now lives, one child, a girl, named Hazzle (Hazel) Lee, about two years old, and that Defendant is not a suitable or proper person to have dominion or control over said child . . .
Asks for divorce and custody of the child Hazzle Lee.
FINAL DECREE.
20 March 1913.
Divorce granted and custody of Hazel Lee given to J. B. Young. Ova Young allowed visitation.
Deposition taken: 14 Sept. 1901.
DEPOSITION: RHODA E. ANDERSON.
I am 35 years old. Residence near Flynn's Lick. I am one of the Complainants.
John B. Young wasn't present (at the signing of the deed), he was in Illinois.
. . . (her) husband Ridly Anderson . . .
Rhoda E. Anderson (signature)
Depositions taken: 7 & 8 Aug. 1901.
DEPOSITON: RIDLEY ANDERSON.
Aged 43 years.
I am one of the Complainants in this suit.
T. B. Upchurch is my wife's Uncle and a cousin of mine. Rhoda Upchurch is my wife's grandmother and my Aunt.
Quest. When was John B. Young in this country.
Ans. I don't remember. He was here in 1891 - 2 or 3, something along there. He has not been here since then.
. . .Uncle Bradford . . .
Ridley Anderson (signature)
DEPOSITION: FRANK RICHMOND.
Frank Richmond (signature)
Deposition taken: 13 Sept. 1901.
DEPOSITION: T. B. UPCHURCH.
I am one of the parties to this suit.
. . . a short while after the death of Rhoday Upchurch, my mother, in the years 1895.
T. B. Upchurch (signature)
Depositions taken: (day not given) Aug. 1901.
DEPOSITION: CHARLEY HOPKINS.
73 years of age.
I am bro. in law of T. B. Upchurch, Jno. B. Young and Ridley Anderson's wife. I am their uncle by marriage.
C. Hopkins (signature)
DEPOSITION: W. N. NORTON.
W. N. Norton (signature)
DEPOSITION: FRANK RICHMAN.
Frank Richmond (signature)
Deposition taken: 2 Sept. 1901.
DEPOSITION: JOHN A. DURHAM.
J. A. Durham (signature)
Deposition taken: 10 Sept. 1901.
DEPOSITION: H. R. UPCHURCH.
Quest. When did you see John B. Young last and where was he.
Ans. I saw him when he was in this country; it was some time in 1880.
. . . Aunt Rhoda (Upchurch). . .
I went away (from this country) in 1862. I went West. I returned in 1884.
I think his (Ridley Anderson's) Brother's team hauled them. I think it was little Byrd Anderson that drove the team.
. . . I came back here in 1884 and Bradford's father was dead then (husband of Rhoda Upchurch.)
H. R. Upchurch (signature)
MARRIAGE LICENSE.
Jackson County TN, 6 Jan. 1894.
Authorized to marry G. W. Brown and Iner Allen.
Depositions taken: 27 Aug. 1901.
DEPOSITION: INER B. BROWN.
I. B. Brown (signature)
DEPOSITION: MARTHA HAILE.
I was staying there (at Rhoda Upchurch's) when she died.
Martha Haile (her mark)
Deposition taken: 12 Sept. 1901.
DEPOSITION: IRMA B. BROWN.
I will be 26 or 27 years old the 15th Oct. 1901 and live in the 1st District.
I wasn't married when I (was) staying there (Ridley Anderson's). I stayed 15 weeks the first time. And 15 or 16 weeks the second time. And 3 weeks the last time. My father took me home late in the fall or the first of the winter.
Quest. How long after you left Ridley Anderson's until you married?
Ans. About one month and a half.
I don't remember when I was married.
Quest. Which one of Ridley Anderson's children was the baby when you stayed there last.
Ans. Ben was the baby.
I. B. Brown (her mark)
DEED.
2 Nov. 1891.
For a valuable consideration we have sold and by these presents convey unto T. B. Upchurch all our rights and title and interest in and to the lands Thomas Upchurch died seized and possessed of, the place that Rhoda Upchurch now lives on, bounded as follows, to wit: East by Flynn's Creek, South by the lands of Gillum Upchurch, West by W. P. Dowell and W. E. Jones, North by J. M. Lee. . .
Ridley Anderson, Rhoda Anderson, John B. Young
DEED.
Another deed, the same as above and same date, signed by J. T. Young.
AFFIDAVIT.
8 Nov. 1891.
State of Illinois, County of Gallatin.
The County Clerk certifies that J. T. Young (a single man) signed the foregoing instrument (not included).
BILL OF COMPLAINT of John B. Young & J. F. Young, citizen's of the State of Arkansas and Ridley Anderson and his wife, Citizens of Jackson Co. against T. B. Upchurch, J. T. Anderson and R. V. Brooks, citizens of Jackson Co. TN.
Thomas Upchurch died intestate in Jackson Co. TN many years ago. He died seized and possessed of the following described lands, lying and being in the 11th Civil District of Jackson Co. TN and bounded as follows, to wit: . . .containing 90 acres. Also one other tract . . .on the west bank of Flynn's Creek . . .containing 49 1/4 acres. Prior to March 24, 1893, these lands were all in one body and constituted one tract. On March 5th, 1892, a parcel of said lands was laid off and set apart to T. B. Upchurch, containing 24 acres, which is 1/6 in value of all the real estate that Thomas Upchurch died seized and possessed.
On 24 Sept. 1892, another 15 1/4 acres was assigned and set apart to T. B. Upchurch.
On the 24 Sept. 1892, a part was assigned and set apart to John B. Young and Rhoda E. Anderson, wife of Ridley Anderson, one parcel containing about seven acres and one containing about five acres. J. T. Young also had a portion assigned and set off to him.
These divisions were made at a proceeding of the Court. Complainants are the children of a daughter of Thomas Upchurch, deceased, who died before her father, who married John Young.
The Defendant T. B. Upchurch purchased of Rhoda E. Anderson and John B. Young and J. T. Young their interests in said land.
Upchurch never paid them for this.
AMENDED BILL.
. . . a daughter of said Thomas Upchurch, deceased, who married John Young, and that she died intestate many years ago and that her husband John Young is also dead . . .
. . . Rhoda Upchurch, widow of Thomas Upchurch, deceased . . .
She (Rhoda Upchurch) died in 1895.
THE SEPARATE ANSWER of T. B. Upchurch.
. . .John B. Young, J. T. Young and Rhodey E. Anderson are grandchildren of Thomas Upchurch, deceased, and their mother, Poley Young . . .
Barbry Jane Young died, who was a sister of John B. Young, J. T. Young and Rhodey Anderson.
Deposition taken: no date.
DEPOSITION: T. B. MURRAY.
I am the Junior Member of the firm of G. B. Murray & Son.
The Original Bill in this case was filed on May 30, 1899.
The Amended Bill was filed Sept. 23, 1899.
T. B. Murray (signature)
DEPOSITION: T. B. UPCHURCH.
DEPOSITION: J. T. ANDERSON.
I am a Defendant in this case.
I understand (L. K. Smith) is in Georgia (now.)
J. T. Anderson (signature)
DEPOSITION: O. H. ANDERSON.
O. H. Anderson (signature)
MORTGAGE DEED.
4 Nov. 1865.
Willis Cornwell to L. C. Hall for $1.00, the following tracts of land in Jackson Co. TN in District No. 3, bounded. . .a rock in McCarver and my line. . .John Jenkins. . .Jacob Jenkins old line. . . Vinson Moreland's. . .David Huffines old line . . .conditional line made between John Veach and David Huffines. . .William D. Dicus. . .William Woodfork's (Woodfolk) old line . . .Johnathon (Jonathan) Slone . . .Logan H. McCarver . . .containing by estimation 400 acres.
To secure notes due Logan H. McCarver.
Deposition taken: 21 Jan. 1903.
DEPOSITION: N. B. YOUNG.
I am 59 years old. I reside in Gainesboro, TN. I am an Attorney at Law and also a Justice of the Peace.
N. B. Young (signature)
DEPOSITION: J. B. ELKINS.
I live in 1st Civil District of Jackson Co., TN (and am) Constable of said District. I have been Constable since August 1900 and am now Constable . . .
DEPOSITION: JAMES L. YOUNG.
I am the Plaintiff in this case.
This case is brief and involves finding or reconstructing documents. (bp.)
This is merely listings of the credits and debits of the estate. (bp.)
THE BILL OF COMPLAINT of Littleberry Young and James Young, citizens of Jackson Co. TN against Lanson Clark, formerly a citizen of said county of Jackson but who has absconded and now resides in parts unknown to your orators and Mark Harper and Thomas Huddleston of Jackson Co. TN.
Your orators were joint owners of a flat boat lying in Roaring River, which they had built for sale. The Defendant Lanson Clark, about the 1st of April last, purchased said boat for which he was to pay your orators $70 on his return from New Orleans. Sometime in June or July he returned but failed to pay and has since left the county. Said Clark owned five tracts of land in Jackson County, in that part which constituted the county of Putnam, on Indian Creek. A short time before absconding, said Clark conveyed said lands to the Defendants Mark Harper and Thomas Huddleston, purportedly for $1500, but the Complainants charge that this was never paid. They believe this was a fraudulent sale to enable Clark to escape his creditors.
Description of lands conveyed by Lanson Clark to Mark Harper and Thomas Huddleston: One tract in District No. 14 of Jackson Co. TN, now called Putnam Co., on the waters of Indian Creek on the south side of Cumberland river, containing 100 acres more or less, bounded . . . southeast corner of the original tract granted to Isaac Walton by No. 1605. . . One other tract adjoining the above tract . . .Simon Carlile's (Carlisle) original corner . . .containing 100 acres more or less; One other tract by Grant No. 160 . . .corner of Richard Clark's 50 acre tract . . .the same on which Lanson Clark lately lived . . .boundary line of William Woodfolk's 220 acre tract . . .containing by survey bearing date 14 March 1827 65 acres; Also one other tract adjoining the above . . . near Mathew Cowin's . . . containing 20 acres more or less; Also one other tract on the waters of Indian Creek . . .Mathew Cowin's west boundary line of his 640 acre tract . . .containing 80 acres more or less.
The Answer is very difficult to read; it is in tiny handwriting. The Defendants seem to claim that the Deed is a Letter of Credit, and not an outright sale. (bp.)
Deposition taken: Davidson Co. TN, 10 June 1846.
DEPOSITION: MATHEW WATSON.
I am (President of the Planter's Bank of Tennessee) and have been for the last ten years.
Depositions taken: 12, 13, 14 & 15 July 1899.
DEPOSITION: ELIZABETH YOUNG.
69 years old.
Quest. What relation are you to Dr. Young.
Ans. I married his brother.
Elizabeth Young (signature)
DEPOSITION: S. S. DUDNEY.
I have lived 75 or 100 yards from them (the parties to this suit) for three years.
Quest. What business have you been employed in during most of this time?
Ans. Mercantile business.
S. S. Dudney (signature)
DEPOSITION: J. E. STAFFORD.
32 years of age.
I am engaged in the mercantile business and have been so employed for eight years in Gainesboro TN. I lived just across the street from them (Dr. and Mrs. Young) one year. I have lived very near them the balance of the time for 8 or 10 years.
J. E. Stafford (signature)
DEPOSITION: MISS DORA YOUNG.
I am a daughter of Defendant and a stepdaughter of Complainant.
. . . I guess it has been about 11 years since they married. He (my father) had three children living with him at the time of their marriage: Edna, aged about 14, Beulah, about 12, and myself, aged about 9 years. Edna married about 5 years after they were married, and Beulah married in about 6 years.
Quest. Say whether or not Mrs. Young's adopted daughter, now Mrs. Minor, lived with her while she lived with your father, up to the time she married Dr. Minor.
Ans. Yes, Sir.
. . .Harlan Reeves, Edna's oldest child . . .
Quest. Did not your stepmother, the Complainant, visit you last year at the Conservatory of Music in Nashville. . .
. . .her (Mrs. Young's) adopted daughter, Georgia Nevils . . .
Quest. Don't you know also that the trips she made to Celina were to be at the bedside of an invalid mother?
Ans. Some of them were. Most of them.
Dora Young (signature)
DEPOSITION: MARY BUTLER RAGLAND.
Testified as a friend of Dora's, and who was often at the Young house. (bp.)
Mary B. Ragland (signature)
DEPOSITION: MISS LENA YOUNG.
I am a niece of Dr. Young.
I have been living with them about 1 1/2 years.
. . .she (Mrs. Young) visited her people in Oklahoma.
Lena Young (signature)
DEPOSITION: MRS. BEULAH TINSLEY.
I will be 23 years of age next December. Residence Gainesboro TN.
(I am) a daughter of the Defendant Z. M. Young and stepdaughter of Complainant Mary E. Young.
. . .a lady that staid there (at Dr. Young's house) Aunt Sallie Bailey, who lived as one of the family . . .
I have been married six year last May.
Beulah Tinsley (signature)
DEPOSITION: L. P. TINSELY.
29 years of age.
I am a son in law of Dr. Z. M. Young.
L. P. Tinsley (signature)
DEPOSITION: MRS. LIZZIE HAMPTON.
I have done a great deal of it--nice dressmaking (for the Youngs).
Lizzie Hampton (signature)
DEPOSITION: JOHN W. STAFFORD.
J. W. Stafford (signature)
DEPOSITION: HENRY P. LOFTIS.
43 years of age.
Have lived for 10 years just across the block from his (Dr. Young's) house.
Quest. Did you practice as a physician in Dr. Young's family, held consultations with Dr. Young in regard to his wife, Mary E. Young's condition.
Yes, Sir.
Henry P. Loftis (signature)
Deposition taken: 28 June 1899 in Macon Co. TN.
DEPOSITION: SALLY BAILEY.
I was 59 the 6th day of this month. I live with John Lee, my son, six miles from Lafayette in Macon Co. TN.
I stayed (with Dr. Young) to the best of my knowledge about 15 years. I lived with them (Dr. Young and his second wife, Mary E.) about three years, and then went to Alabama, from Alabama to Georgia, was gone near two years, from Georgia back to Dr. Young's to the best of my knowledge I lived there near three years and then came here and have been here ever since, about two years in this coming August 20th day.
Sallie Bailey (signature)
Deposition taken: 9 Sept. 1899.
DEPOSITION: MRS. MARY A. BIRDWELL.
47 years of age.
Quest. What relation are you to Dr. Young?
Ans. Niece.
Uncle Henderson is his (Z. M. Young's) brother.
I was married last Oct. 29th was two years ago on Aaron's Branch at my mother's, to Wm. Birdwell.
I have lived and now live in Clay County, about 20 miles from Gainesboro.
I was married in 1896.
I am a cousin of (John and Jim Stafford).
M. A. Birdwell (signature)
DECREE.
Finds Defendant guilty of cruel and inhuman treatment.
Divorce granted, her name changed back to Mary E. Nevill.
It is further ordered, adjudged and decreed that the title to the homestead be divested out of the Defendant and vested in the Complainant during her life, and after her death it shall pass to and be vested in the Defendant's three children, to wit, Dora Young, Beulah Tinsley and Edna Reeves. Said homestead is situated in the town of Gainesboro TN. . .
Complainant is also given and decreed as alimony the tract of land lying on the north side of Cumberland River and known as the two lower shares of the Locke lands and bounded on the South by Cumberland River and on the West by the lands of A. G. Maxwell and on the North and East by the lands of M. A. C. Williams.
The Defendant will also pay all the cost in this cause . . .
She will also retain all of the personal property and furniture that she brought with her into the marriage.
Both parties asked for an appeal to the Supreme Court of TN (the wife didn't think she got enough alimony.)
(This is the same case as the previous one. It is in a new folder, however. bp.)
WILL.
15 May 1902.
I, Mary E. Neville, in view of the uncertainty of life and the certainty of death, and being now of sound mind and in fairly good health for a person of my age, do make and publish this my last will and testament.
1st I desire that all my debts be first paid together with my funeral expenses.
2nd I will and bequeath to Mrs. Georgia Minor, wife of Sidney H. Minor, my tract of land lying on the North Side of Cumberland River between the upper and lower Gainesboro ferries in the 1st District of Jackson Co. TN and bounded on the South by Cumberland River, West by J Y. Anderson's land, North by J. M. Johnson lands, East by M. A. C. Williams lands, valued at $4000, subject to a charge thereon in favor of $200 to my brother G. W. Barksdale and to my brother W. P. Barksdale $200. To Mrs. Martha K. Chowning $200. Mrs. Nancy S. Bray $200 and to Miss Mary E. Chowning, daughter of my deceased sister Sallie N. Chowning $200 and $200 to Russella Richardson, daughter of my deceased sister Mrs. Rebecca O. Richardson $200. And to my two nieces Minnie Maxey and Pearl Ferrell, daughters of my deceased brother Robert N. Barksdale, $100 each, making in all $1400.00
If any one or more of my sisters or brothers now living should die before my decease, then I desire that their heirs shall take the $200 that would be going to them.
I make this $1400 a charge upon said land, and a lien thereon until paid. But I direct and desire that Mrs. Georgia Minor shall have two years after my decease in which to pay said $1400 without interest.
3rd. I give and bequeath to Mrs. Georgia Minor the rest and residue of my estate of whatever kind or description.
I appoint and nominate Dr. S. H. Minor my executor to execute this my will and excuse him from giving bond or making any settlement with the Clerk of my Court or any Courts.
Mary E. Neville (signature)
DEED.
9 March 1906.
Sold for $3500, to H. L. McDearman, by S. H. Minor and his wife Georgia Minor, a tract of land in the 13th District of Jackson Co. TN on the north side of Cumberland River and known as the two lower shares of the Lock Lands.
The Will of Mary E. Young (sic) was probated in the Jackson Co. TN County Court at the March term 1903.
SUPREME COURT OF TENNESSEE.
Upheld the Divorce Decree of the Jackson Co. TN. Court.
Added: It appears to the Court from the transcript of the record and from the findings of the Court of Chancery Appeals that defendant slandered complainant, drew a pistol on her in a threatening manner, kicking (sic) her out of bed and struck her with his fist.
Deposition taken: 16 June 1899 in Celina TN.
DEPOSITION: J. A. PARKER.
I know Mrs. Young. She was born and raised in this county about 6 miles from here on Obed's River. The place where she was born and raised was formerly in Overton Co. but now in Clay Co.
I am Sheriff of Clay Co. and now serving my fifth term.
Her father was a well to do man and they were people of good standing and character.
J. A. Parker (signature)
Depositions taken: 17 June 1899.
DEPOSITION: A. P. GREEN.
I was 75 years old last October.
(I reside) at Celina TN.
(I have lived) all my life (in what is now Clay Co. TN) except about one and one half year I lived in KY. (Mrs. Young's) father was a tobacco trader and carried tobacco to New Orleans.
A. P. Green (signature)
DEPOSITION: MRS. MATTIE SMITH.
I live on Cumberland river two miles above Celina.
When I was small she (Mrs. Mary E. Young) was in Virginia.
I am 33 years old.
Quest. How long have you been married?
Ans. Ten months.
Quest. Are you the wife of an old man of considerable means and a man much older than yourself?
Ans. Yes, Sir.
(Mrs. Young) is my second cousin.
Mattie M. Smith (signature)
DEPOSITION: M. M. SMITH.
(Mrs. Young's) father's name was John Barksdale.
Part of this time (when I lived near her father) Mrs. Young lived in Kentucky and not with the rest of her father's family.
(Mrs. Mary Young's) grandmother and my grandfather were brother and sister.
We are also related by marriage.
M. M. Smith (signature)
DEPOSITION: S. D. HAMILTON.
I will soon be 54 years old, in Sept. I reside at Celina TN. I was born in Jackson Co. and principally raised in Celina.
S. D. Hamilton (signature)
DEPOSITION: W. L. BROWN.
I am 40 years old. I reside at Celina TN. (I am in the) mercantile business, at looking for about 18 years.
W. L. Brown (signature)
DEPOSITION: WILLIAM DAVIS.
I will soon be 71 years old. I reside in Clay Co.
I left here in 1858 and went out of the state and came back in 1865 and in 1870 I left again and was gone 3 years.
My father and her (Mrs. Young's) grandmother were cousins.
Wm. Davis (signature)
DEPOSITION: T. J. MABERRY.
I am 57 years old. I reside in Clay Co. and have lived in what is now Clay Co. 48 years.
I am Chairman of the County Court and have been since Jan. last. I have been an acting Justice of the Peace in Clay Co. for two or three years.
T. J. Mabry (signature)
DEPOSITION: H. H. KYLE.
I am 48 years old.
(Mrs. Young) left the state about the time I was grown. I went to school to her some time in the sixties.
She first left about 1868 or 1870 and I don't recollect when she came back. My recollection is she has been gone from the county most of the time since 1868.
H. H. Kyle (signature)
DEPOSITION: MR. S. M. HOLMAN.
I am 60 years old.
(I live) six miles from Celina. (I have lived there) about 34 or 35 years.
S. M. Holman (signature)
DEPOSITION: MRS. ANN FITZGERALD.
I went to Kentucky in 1858 and returned at the close of the war.
M. A. Fitzgerald (signature)
DEPOSITION: O. B. MAXEY.
I am 35 years old. I reside at Celina TN. I follow the legal profession. I was born and raised on Cumberland river in Mercer (?) Co. Kentucky, until Jan. 1881. Since which time I have lived in Clay Co. TN.
O. B. Maxey (signature)
DEPOSITION: J. CHOWNING.
Mrs. Young married the first time soon after the war.
J. C. Chowning (signature)
Depositions taken: 17 June 1899.
DEPOSITION: MRS. ELIZABETH E. MARTIN.
I will be 76 years old next Sept. and I live in Celina TN.
I was born and raised 3 miles from this place. Have lived here all my life except two years.
E. E. Martin (signature)
DEPOSITION: MRS. ANN MAXEY.
I am 57 years old. I live at Celina TN. I have lived here all my life. Was born and raised in a mile of this place.
Quest. For how long have you been living at a hotel or keeping hotel in Celina?
Ans. About 20 years.
Ann Maxey (signature)
DEPOSITION: MRS. FLORA PLUMLEE.
I am 45 years old. I was born and raised at Celina TN. I am a daughter of Dr. W. W. Shields. My husband's name is D. B. Plumlee.
With the exception of two years 10 or 12 years ago that I lived in Celina, I have not lived here any the last 20 years. For the last 8 or 10 years I have lived within 15 miles of Mrs. Young. The balance of the time I lived in Texas, or most of the balance of the time.
Flora Plumlee (signature)
DEPOSITION: J. T. CHOWNING.
. . . ten years ago when I left the state.
I lived (in Texas) a little over 9 years. I returned to this State about two years ago and to this place about one year ago.
It is my understanding that she (Mrs. Young) lived in Virginia part of the time and in Kentucky part of the time.
J. T. Chowning (signature)
DEPOSITION: J. A. PARKER recalled.
J. A. Parker (signature)
Depositions taken: 20, 21 & 24 July 1899.
DEPOSITION: MRS. LUCETTA RASH.
L. J. Rash (signature)
DEPOSITION: H. H. CASON.
52 years of age.
I have been merchandising in a firm name of Washburn R(unreadable) for the last 20 odd years until last Feb. I went out of the concern.
Tom Myers married an Overstreet who lived in Clay Co.
H. H. Cason (signature)
DEPOSITION: H. L. MC DEAMAN.
35 years of age.
(I am) in mercantile business. Have been in business since 1893.
H. L. McDeaman (signature)
DEPOSITION: MRS. MARY GORE.
She (Mrs. Young) went to Oklahoma to see her sister.
It will be two years in Sept. since I left Gainesboro.
Quest. How far have you lived from Gainesboro the two years you have been moved away?
Ans. Five miles. About four months of this two years I was in Franklyn, KY. The rest of the time I was in five miles of Gainesboro.
Mary Gore (signature)
DEPOSITION: MRS. FLORENCE PUTTY.
She says that Mrs. Young came to her house with a black eye and swollen face the day that she left Dr. Young (bp.)
Florence Putty (signature)
DEPOSITION: MRS. BETTIE FOWLER.
Bettie Fowler (signature)
Depositions taken: 20, 21 & 22 July 1899.
DEPOSITION: W. E. PUTTY.
46 years of age.
W. E. Putty (signature)
DEPOSITION: JAMES A. WILLIAMS.
61 years of age.
Quest. How long has the mother of Mrs. Young been dead?
Ans. I can't state. Some 4, 5, or 6 years.
I am engaged in the banking business.
J. A. Williams (signature)
DEPOSITION: WILEY ROBERTS.
Testifies that he and his wife have worked for the Youngs, and lived on his place, for years. (bp.)
Quest. Where was your son Berry born.
Ans. He was born on Dr. Young's place. He was born near nine years ago.
Quest. How long after he was born was it that you moved from there to the Flatt Woods?
Ans. It was three weeks.
Quest. When did you move back to Dr. Young's house?
Ans. I could not give the exact date. I reckon it was last April was two years ago that I moved back.
Quest. How long has it been since the Ku Klux visited your house.
Ans. I don't know that they ever did.
Quest. Didn't they come to your house when you lived off the road (?) of the lane near Dr. Fowler's old place?
Ans. Well, Sir, I don't know whether they were Ku Klux or not. I never seen anybody. They came there inquiring for John Robert's wife, Phoeby Roberts. They did not want to see me.
Quest. You went from the Flatt Woods to White's Bend, did you or not.
Ans. Yes, Sir.
Quest. Was you and your wife to do the washing and ironing for Dr. Young's family for the rent of the house you lived in.
Ans. Yes, Sir.
Quest. How long has it been since Phoeba Roberts left there?
Ans. Well Sir, I could not tell you how long.
Quest. About how long?
Ans. About six or seven years.
Quest. Is it or not a fact that your brother was the husband of Phoeba?
Ans. Yes Sir.
Wiley Roberts (his mark)
DEPOSITION: LIZZIE CORNWELL, COL.
Quest. Is it not a fact that you have washed, ironed, cooked, and (unreadable) for them (the Youngs) for the last ten or twelve years?
Ans. Yes Sir.
Quest. Have you or not lived in the house part of the time for the last ten or twelve years?
Ans. Yes.
Lizzie Cornwell, Col. (her mark)
DEPOSITION: CALVIN MURPHY, COL.
I worked (at the Youngs). I cut stove wood right smart and worked in the garden . . .
Calvin Murphy (his mark)
DEPOSITION: HYRAM PHARRIS.
49 years of age.
I am a Minister of the Gospel.
Quest. Now isn't it a fact that the conversation referred to in which you learned they didn't get along well together, occurred at a time soon after you had returned from Kentucky when the Baptists had published a charge against you that you had been viciously cruel and abusive in your treatment of your first wife . . .
Quest. Didn't you say in that conversation that you would give anything you possessed if you had lived the Christian life with your first wife that you were with your second?
Ans. Well I don't remember of saying that to Sister Young but I have said it to many persons and I say it now--possibly I might have said it to Sister Young. I was a drunkard and a little combative and in that I mistreated my first wife very much.
Quest. Is it not a part of Dr. Young's general character that his first wife, a few days before she died, caused to be drafted a bill for divorce, and that at the time she died the bill had been drafted, asking for divorce on the grounds of cruel and inhuman treatment, neglect and failure to provide?
Ans. If I ever heard anything of the kind I have forgotten it.
Quest. How long have you been a Minister of the Gospel?
Ans. About 20 years.
Quest. How long has your first wife been dead?
Ans. She died in 1876, I think.
Hyram Pharris (signature)
Depositions taken: 18 Sept. 1899.
DEPOSITION: DR. S. H. MINOR.
(I live) in Gainesboro. (I am a ) physician. (I am) 30 years old. I married Mrs. Young's adopted daughter.
S. H. Minor (signature)
DEPOSITION: MRS. NANCY J. LOWE.
I have lived near the Youngs.
I have done a good deal of sewing for them.
Nancy Jane Lowe (signature)
Depositions taken: 12 Sept. 1899 in Clay Co. TN.
DEPOSITION: JAMES THOMPSON.
I am 28 years old. I live in the 9th Civil District of Clay Co. TN. I am a farmer.
Quest. Where did you live in 1893 and 1894.
Ans. I lived with the widow Barksdale, that is, I lived on her land, about five miles from Celina on Obed's River.
James N. Thompson (signature)
DEPOSITION: VINA BROWN.
I will be 66 years old the 13 day of Oct.
I live in Clay County TN.
Vina Brown (her mark)
Deposition taken: 5 Sept. 1899.
DEPOSITION: MISS MARY LOFTIS.
I sewed for Dr. Young's daughters after Mrs. Lowe moved.
Mary Loftis (signature)
Deposition taken: 16 Sept. 1899 in Putnam County TN.
DEPOSITION: FANNIE L. BUTLER.
Fannie L. Butler (signature)
ORDER TO THE SHERIFF.
Z. M. Young and Mary E. Young were married in Clay Co. TN on April 2, 1888.
Depositions taken: 14 & 15 Sept. 1899 at Davidson Co. TN.
DEPOSITION: C. S. BRIGGS.
Age 49 years. Live in Nashville TN, am a physician.
Operation performed by my father at our Infirmary.
DEPOSITION: MISS MAMIE KIRKPATRICK.
(I live in) Nashville TN.
(I am) first cousin (to Mary E. Young).
Mamie L. Kirkpatrick.
Deposition taken: 7 Aug. 1899 in Putnam Co. TN.
DEPOSITION: E. M. BURTON.
My age is 55 years old. (I live in the) 11th Civil District of Putnam Co. TN. (I am) a farmer.
Quest. What relation, if any, were you to his, the defendant's, first wife?
Ans. Brother.
E. M. Burton (signature)
Deposition taken: 23 & 24 Aug. 1899.
DEPOSITION: MRS. GEORGIA M. MINOR.
I am 24 years old. Reside near Gainesboro TN. I am married. My husband's name is S. H. Minor. We were married in Feb. 1894. (Mrs. Young) is my adopted mother.
I was with my grandmother Barksdale from the time they (my mother and Dr. Young) married in April until Dec. I then came to Dr. Young's and lived with them until I married . . .
Georgia M. Minor (signature)
Deposition taken: 7 & 8 Sept. 1899.
DEPOSITION: MRS. J. B. PICKETT.
67 years of age.
Since the Youngs have been married, I have lived just across a narrow street from them.
I got water at his (Dr. Young's) well for 19 or 20 years, up until about 5 years ago.
Mrs. J. E. Gore is dead.
J. B. Pickett (signature)
DEPOSITION: NANCY J. ROBERTS.
67 years of age.
I live on Tom Draper's (?) lands, 1/2 mile from Flynn's Lick.
I have lived, for the last ten years, in White's Bend. I am the mother of Wiley Roberts.
Quest. Wiley Roberts lives now and has been living for some years in a house owned by Dr. Young in Gainesboro, does he not?
Ans. Yes, Sir.
Nancy J. Roberts (her mark)
DEPOSITION: MRS. BEULAH TINSLEY.
My oldest one (child) is Hirshell. He was born July 11, 1894.
Bowen Butler's baby died in Sept. 1893.
Beulah B. Tinsley (signature)
Depositions taken: 28 July 1899.
DEPOSITION: T. P. MYRES.
. . . her (Mary E. Young's) Aunt Mary Kirkpatrick.
(Mrs. Nancy Overstreet) is my wife's mother.
Permilla Fowler is a sister of Mary E. Young's mother and Mrs. Overstreet.
T. P. Myers (signature)
DEPOSITION: MRS. R. B. MYRES.
48 years of age.
We (Mary E. Young and myself) are first cousins. Sisters children.
. . . her (Mary E. Young's) mother, Bettie Barksdale. . . their Aunt, old Aunt Nancy Neely . . .
Her (Mary E. Young's) niece Mattie Richardson . . .
. . .my Bro. Frank . . .
(My mother) is dead.
Quest. Are you the wife of T. P. Myers who gave his deposition in this case?
Ans. Yes Sir.
R. B. Myers (signature)
DEPOSITION: MRS. MARY K. HEROD.
(Mary E. Young and myself) are cousins.
Quest. What was your maiden name?
Ans. Overstreet.
My Brother Cab . . .
. . .she (Mary E. Young) was at Nashville twelve or thirteen years ago when Sister Settie died.
M. K. Herod (signature)
Deposition taken: 25 Aug. 1899.
DEPOSITION: S. B. FOWLER.
Aged 46 years.
S. B. Fowler (signature)
Deposition taken: 26 Aug. 1899.
DEPOSITION: HENRY P. LOFTIS.
Henry P. Loftis (signature)
Deposition taken: 17 June 1899.
DEPOSITION: F. H. OVERSTREET.
I am 31 years old. I live on Obed's river, 3 1/2 miles from here (Celina).
She (my mother) received a letter from her sister Mary at Nashville.
F. H. Overstreet (signature)
Deposition taken: 17 & 18 Aug. 1899 at Nashville, TN.
DEPOSITION: BENTON MC MILLAN.
(My residence is) Carthage, TN.
Deposition taken: 28 June 1899.
DEPOSITION: G. W. STEPHENS.
(Age is) 64 years next Dec.
Geo. W. Stephens (signature)
Deposition taken: 2 July 1899 in Clay Co. TN.
DEPOSITION: MRS. KIBBIE GARDENHIRE.
I am 45 years of age and I reside in Clay Co. TN.
Quest. Are you the widow of E. L. Gardenhire, deceased?
Ans. I am.
Quest. How long did you live in Gainesboro?
Ans. Not quite four years I believe.
. . . Z. M. Young's brother, W. H. Young . . .
Kibbie Gardenhire (signature)
ORDER APPOINTING GUARDIAN AD LITEM FOR THE MINOR DEFENDANTS.
5 Dec. 1898.
Bertram Young, Ruth Young and Susan Young are minors under the age of 21 years. . .
U. B. Young, a practicing Solicitor of this Court is appointed Guardian ad litem . . .
PETITION FOR PARTITION.
6 Dec. 1898.
. . . defendant U. G. Young has recently moved himself and family to the State of Kentucky. . .
. . .said Young has vacated the property and has left same in a bad dilapidated condition . . .asks for appointment of a Receiver.
Maud M. Young (signature)
BILL OF COMPLAINT OF MAUD YOUNG of Jackson Co. TN vs. H. G. Young & Bertram Young of Jackson Co. TN, Ruth & Susan Young of Davidson Co. TN & Sipio Young who is a nonresident of the State of TN.
. . . she and the defendants are the Joint owners and Tenants in common of the following town lots, to wit: Being in the town of Gainesboro TN (Lot No. 5) being the house and lots where H. G. Young now lives . . . a deed made to the parties above mentioned by Sipio Young on the 27th day of June 1898 . . .
Sipio Young. . .is in the U. S. Army stationed at San Francisco CA.
ANSWER TO THE BILL OF COMPLAINT.
. . . said lot belonged to and was the property of M. B. Young, who was the father of complainant & defendants and that at his death the said house and lot descended to and became the property of his children . . .
ANSWER OF THE MINORS BY THEIR GUARDIAN.
21 Dec. 1898.
. . . Scipio Young, who is a resident of this state, having been recently honorably discharged from the Army of the United States.
. . . Horace G. Young . . .
BILL OF COMPLAINT of M. B. Young of Jackson Co. TN vs. William York as the General Guardian of John M. Gipson York, of Jackson Co. TN.
8 Sept. 1894.
John M. Gipson York was a "Devisee," "Legatee" and Distributee under the Last Will and Testament of John M. Gipson, deceased, late of Jackson Co. TN and from which he received a large estate, both Real and Personal, amounting to several thousand dollars.
There were several suits between the other legatees and John M. Gipson York in regard to the distribution of the estate. The lawyer's fees are still due. (bp.)
ANSWER TO THE BILL OF COMPLAINT.
. . . prior to his appointment, but not immediately preceding his appointment as such, Wm. Gailbreath was appointed as such and after acting for some time resigned said trust and upon the resignation of said Gailbreath one S. H. York, who is now dead, was appointed.
Upon the death of said S. H. York, your Respondent was appointed . . .
Believe fees are exorbitant.
Wm. York (signature)
DECREE.
The lands in the suit are to be vested in the purchaser, M. L. Gore. (bp.)
DEPOSITION OF M. L. GORE (no date).
I am 51 years old, will soon be 52.
Quest. What relation are you to the Gore of Gray, Gore & White who made the entry?
Ans. Gore was my father.
M. L. Gore (signature)
DEPOSITION: A. C. STAFFORD.
I am 46 and will soon be 47.
. . . me and my cousin John Stafford . . .
Wm. Stafford made a deed to John Stafford, who was the father of Doc. Stafford and Cap. Stafford.
Cap. and Doc. Stafford are both dead.
I think my father, Cap. Stafford, has been dead about 26 years this coming September; he died in 1866. Dock Stafford died in 1870. They were children of John Stafford and the land was willed to them.
Quest. How long has your grandfather John Stafford, the father of Cap. Stafford, been dead.
Ans. I don't know exactly. It's upwards of 50 years.
I am the only heir living of my father's and my brother J. T. Stafford's children, who are K. J. Stafford, T. G. Stafford, R. B. Stafford, Nancy Adaline Stafford, Maggie Stafford and Robert Stafford. Jno. B. Stafford and as guardian of Amanda and Jasper Stafford, the last three are heirs of Dock Stafford.
Depositions resumed 24 July 1892.
DEPOSITION CONTINUED: A. C. STAFFORD.
I was born and raised in sight of it (the mill site in dispute on Roaring River.)
A. C. Stafford (signature)
DEPOSITION: S. G. GORE.
S. G. Gore (signature)
DEPOSITION: MARTIN SCOTT.
I reckon I am between 45 and 46 years old.
. . .John Dock Stafford . . .
Martin Scott (his mark)
DEPOSITION: FOSTER SCOTT.
I was born March 14, 1843.
Quest. What relation are you to Mart. Scott?
Ans. Well sir, we are said to be cousins. I suppose that is about the relation, and we are brothers in law.
Foster Scott (his mark)
DEPOSITION: W. R. STAFFORD.
I am going on 71 years old.
W. R. Stafford (his mark)
Depositions taken: 25 June 1892.
DEPOSITION: H. BOWMAN.
I am 49 years old.
I run said mill, last fall was a year ago, near four months. I don't recollect exactly how long.
H. Bowman (signature)
DEPOSITION: HENRY STAFFORD.
(I am) about 33 or 34 years old.
Henry Stafford (his mark)
DEPOSITION: JOHN B. STAFFORD.
I am about 56 years old, I reckon.
I reckon Dock Stafford was a son of John Stafford. John Stafford is dead. Yes, Sir, I am a son of Dock Stafford. Dock Stafford is dead. He died without a will. I own it now and came into my possession immediately after my father's death, something near twenty years ago.
John B. Stafford (his mark)
Deposition taken: 15 Aug. 1892.
DEPOSITION: M. F. YOUNG (recalled.)
M. F. Young (signature)
Deposition taken: 17 Aug. 1892.
DEPOSITION: A. C. STAFFORD.
I am going on 48 years old.
Quest. Is John Stafford the party making said will and his wife dead or living? How long have they been dead? Where Thomas J. Stafford and James Stafford (commonly called Dock) Stafford both sons of John Stafford, the maker of said will.
Ans. They are both dead. Grandfather John Stafford has been dead for about 58 years and Grandmother has been dead about 43 years. Yes, Sir, they were both sons of John Stafford the maker of the Will.
Thomas J. Stafford died in Oct. 1867, I think. James Stafford died in the Summer of 1870. No, Sir, they never made any distribution or conveyance of said land. They died intestate. They never made any will.
Rhoda Stafford is the widow of Thomas J. Stafford. The following are the heirs: myself and the children of T. J. Stafford, dec'd, to wit: K. J. Stafford, T. J. Stafford, R. B. Stafford, Robert Stafford, and Nancy Adaline Stafford and Maggie Stafford.
The following are the heirs of James Stafford, deceased, to wit: John B. Stafford, Amanda Stafford and Jasper Stafford and Betsy Stafford, whose whereabouts are unknown.
The heirs of Thomas J. and James Stafford still own said land. The Grant No. 2237 and deed from Wm. Stafford to John Stafford and the 6th clause of said Will includes said land and river bank . . .
(They have claimed said land) about 80 years.
A. C. Stafford (signature)
Deposition taken: 19 Aug. 1892.
DEPOSITION: W. W. DRAPER.
I am 32 years old and a lawyer by profession.
W. W. Draper (signature)
Deposition taken: 29 Aug. 1892.
DEPOSITION: JAMES HALL.
James Hall (signature)
DEPOSITION: H. P. SPIVEY.
Aged 66 years.
H. P. Spivey (his mark)
DEPOSITION: B. C. SPIVEY.
B. C. Spivey (his mark)
DEPOSITION: E. L. JACKSON.
My age is 59 years old, reside in Jackson Co. I am a farmer and surveyor.
E. L. Jackson (signature)
DEPOSITION: M. L. GORE.
I am 52 years old. I live on Roaring River in the 9th Civil District of Jackson Co. Am a farmer.
M. L. Gore (signature)
THE SEPARATE ANSWER OF M. F. YOUNG to the so called Cross Bill of R. W. Allen et. al.
It is true that, on the 4th day of Oct. 1889, R. W. Allen sold to Israel Good the tract of land . . .
Afterwards, on the 27th day of Jan. 1890 Israel Good sold said land, mill and mill property to M. F. Young . . .
Israel Good, by his son and agent John Good . . .
DEPOSITION: ISRAEL GOOD of Vauter's Park in Koscuisko Co. Indiana.
10 Feb. 1892.
My name is Israel Good. Age 50 years.
Quest. Were you ever in Jackson Co. TN. If so, how often and how long did you remain here on each trip.
Ans. Yes. About three times as near as I can remember. Remained about 2 days on each trip.
John Good is my son. He had charge of it as my agent. He staid at said Mill about two months.
Israel Good (signature)
Deposition taken: 30 Aug. 1892.
DEPOSITION: R. W. ALLEN.
Quest. Do you know where America Harris kept hotel in this town not long since?
Ans. I know where she used to keep up there beyond the Court House where G. B. Murray's office now stands.
Quest. Did not Judge E. L. Gardenhire board there with America Harris for a long time when he would be in Gainesboro . . .
Ans. . .to my house where Billy Moss lived and I now live.
R. W. Allen (signature)
Deposition taken: 29 Feb. & 1 March 1892.
DEPOSITION: M. F. YOUNG.
I am nearly 40 years old, live about four miles from Gainesboro on Roaring river and am a party complainant to this suit. I live on the place in controversy. It is chiefly valuable for water power and for the mill that's on it.
Mr. Allen at that time lived in White County.
M. F. Young (signature)
Deposition taken: 15 March 1892.
DEPOSITION: M. F. YOUNG, recalled.
I was born and raised about 2 1/2 miles from said mill.
M. F. Young (signature)
TENNESSEE LAND GRANT NO. 9039.
20 Nov. 1844.
. . .by virtue of Entry No. 2790 on 29 April 1844. . .is granted to William Gray Sen. a certain tract of parcel of land containing 1007 acres by survey. . .in Jackson county on Roaring River in the first and ninth districts. . .conditional corner made by John Stafford deceased and William Stafford. . . boundary line of the Widow Stafford's line. . .a one hundred acre survey of Nicholas Hales, Jr. . . a survey of Nicholas Hale Sen'r. . .Buckner's line. . .tract of J. M. Burris. . .John Johnson's south boundary line. . .boundary line of a fifty acre survey of Gore's, Gray's and White's. . . including the farm and improvements whereon the said Gray now lives, also the farm called the Garred farm.
Deposition taken: 15 May (year unreadable).
DEPOSITION: M. F. YOUNG.
51 years of age.
I am the Complainant.
(After having bought the land in dispute) I afterward conveyed said land to Dr. Z. M. Young and gave him a deed.
M. F. Young (signature)
DEPOSITION: M. J. DIXON.
I was employed as Counsel in said Cause . . .
M. J. Dixon (signature)
Deposition taken: no date.
DEPOSITION: JAMES T. ANDERSON.
I am one of the defendants.
J. T. Anderson (signature)
DEPOSITION: M. L. GORE.
M. L. Gore (signature)
DEPOSITION: W. C. TERRY.
W. C. Terry (signature)
DEPOSITION: T. M. GAILBREATH.
I was a candidate for representative in the year 1882.
T. M. Gailbreath (signature)
Deposition taken: 5 May 1902.
DEPOSITION: M. L. GORE.
Aged 61 years.
M. L. Gore (signature)
DEED.
26 May 1898.
M. F. Young and his wife Mary A. Young sell to Z. M. Young a tract of land and the water mill with all it's fixtures, lying in the First Civil District of Jackson Co.
M. F. Young (signature)
Mary A. Young (signature)
REPORT OF THE CLERK & MASTER OF SALE.
Lands and mill sold on 30 Aug. 1900 to James T. Anderson for $1500.
Deposition taken: 16 Nov. 1850.
DEPOSITION: ICHABOD THOMAS.
Aged about 80 years.
In the winter of 1844 or the spring of 1845, while I was living at the house of N. G. Jackson in Gainesboro . . .
Ichabod Thomas (signature)
Depositions taken: 21 June 1851 in Macon Co. TN.
DEPOSITION: JOHN M. FIELD.
Aged about 48 years.
Quest. Do you or not know who put those buildings on the land at (Red Boiling) Springs . . .
Ans. I know that Samuel E. Hare and myself put a considerable portion of them there in the year 1850 and 1851.
J. M. Field (signature)
DEPOSITION: SAM E. HARE.
Sam E. Hare (signature)
DEPOSITION: JESSE G. BLEADSOE.
Jesse G. Bledsoe (signature)
THE BILL OF REVIEW (?) of John Young of White Co. TN against Saml E. Hare of Macon Co. TN.
This is about debts. (bp.)
Deposition taken: 5 Dec. 1850.
DEPOSITION: JOSEPH RODDY.
Joseph Roddy (his mark)
DEED.
10 Oct. 1844.
Jesse Jones and Elizabeth Jones of Macon Co. TN sell to Samuel E. Hare of Jackson Co. TN a parcel of land lying and being in Macon Co. TN on the waters of Salt Lick creek of Barren River of District No. 6 . . .dividing line between Jesse and Samuel Jones . . .including a large Spring . . .on the Nashville road . . .containing 20 acres more or less . . .including a Sulphur Spring, for the sum of $200 . . .
Jesse Jones (signature)
Elizabeth Jones (her mark)
Deposition taken: 28 Dec. 1850.
DEPOSITION: NATHAN MONTGOMERY.
Nathan Montgomery (signature)
DEPOSITION: SAM E. STONE.
Aged about 40 years.
DEPOSITION: WATSON M. COOKE.
Aged about 32 years.
Quest. 1st by defendant S. Hare. Say whether we were merchants trading in partnership in the years 1842 and 1843.
Ans. We were.
Watson M. Cooke (signature)
Deposition taken: 7 April 1851.
DEPOSITION: B. (BENJAMIN) B. WASHBURN.
Aged 30 years.
I and Mr. Hall bought as partners a small house or office from Merlin Young which was at the time of the purchase standing on Mr. Hare's premises. The purchase was made in the first of the year 1846. The house was worth $45.
B. B. Washburn (signature)
DEPOSITION: WILLIAM R. KENNER.
Aged 44 years.
W. R. Kenner (signature)
DEPOSITION: CHRISTOPHER W. ROBERTS.
Aged 27 years.
Quest. 1st by defendant Hare. Say whether I did or not pay you for the making of a suit of fine clothes in the year 1848.
Ans. I received the amount of my claim which was $8.50 from my wife . . .
C. W. Roberts (signature)
DEPOSITION: SAMPSON W. CASSETTY.
Aged 43 years.
S. W. Cassetty (signature)
DEPOSITION: THOS. H. BUTLER.
Aged 31 years.
Quest. . . the sale of your father's property in 1842 . . .
I have known defendant Hare between 18 and 20 years.
Sam E. Stone (signature)
AFFIDAVIT OF JNO. L. GOODALL.
10 May 1853.
. . . Capt. John Young . . .
Jno. L. Goodall (signature)
Depositions taken: no date.
DEPOSITION: JESSE JAMES.
About the age of 30 years.
Quest. by complainant. Did you or did you not in the fall of 1844 sell, together with your mother, to Samuel E. Hare a tract of land containing 20 acres more or less, including what was then called the James Springs and now called the Red Boiling Springs, if so, what amount did he agree to give you for it.
Ans. I did and he gave me $100 in money and his note for $100 more.
Jesse James (signature)
DEPOSITION: JOHN C. PARKER.
About the age of 36.
J. C. Parker (signature)
DEPOSITION: P. G. KIRBY.
About the age of 44 years old.
P. G. Kirby (signature)
DEPOSITION: L. B. GRIFFITH.
About the age of 37 years.
Quest. by complainant. Was you or was you not clerking for Hare & Cook in the year 1844 and for some years before that time.
Ans. I was a part of the year 1844 and I was living with Hare & Cook some years before that time.
L. B. Griffith (signature)
Depositions taken: 24 May 1851 at Macon Co.
DEPOSITION: JAMES M. WHITLY.
About the age of 32 years.
James M. Whitley (signature)
DEPOSITION: KINCHEN WHITLEY.
About the age of 33 years.
Quest. by the defendant. Did I not employ you and James Bolton in the fall of 1844 to turn the creek and build a dam round the Red Spring.
Ans. In Aug. 1845 Hare employed me and James Bolton to do this work.
Kinchen Whitley (his mark)
Depositions taken: 26 Aug. 1854.
DEPOSITION: SAMPSON W. CASSETTY.
Aged 46 years.
S. W. Cassetty (signature)
DEPOSITION: THOMAS H. BUTLER.
I am the Clerk of the Circuit Court of Jackson Co.
T. H. Butler (signature)
Deposition taken: 20 Dec. 1850 in Macon Co. TN.
DEPOSITION: JESSE G. BLEDSOE.
About the age of 40 years old.
Quest. by defendant. State if you know what time it was I sold you an interest in the Red Boiling Springs.
Ans. It was in Dec. 1848.
Jesse G. Bledsoe (signature)
End of Reel #128
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