Jackson Co., TN Loose District/Chancery Court Papers Reel #46
Anderson - Armstrong

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DEPOSITIONS Filed 11 January 1911:

W. F. Anderson for Complainants. Surveyed lines for Dr. Z. M. Young... west of Henry Allen house... corner of Woodfolk land. Was shown a tree by E. W. Stafford on the point between Mary Price Hollow and the Angling hollow... Beech pointed out by Nathan M. Stafford. Deeds filed as exhibits are:

1. Dr. Young to me and Spiva

2. W. H. Quarles to Z. M. Young

3. Coleman White to James Eaton

4. B. C. White to Coleman White.

W. T. Acree showed a corner to Ben Meadows, the same Ben Meadows who is a party to this suit. Tracts 16 and 17 of Woodfolk land is on top of the ridge east of Brooks ferry. s/s W. F. Anderson

E. W. Stafford age 56, live 15th District, Jackson Co. Knew John P. Murray in his lifetime, lived on his farm and worked for him in 1876 & 7. Lived on his place known as the Angling hollow. Me and old Uncle Charley Stafford cut wood for Col. Murray and I went with my uncle to see Murray... house in Angling hollow just below and east of the hollow where Henry Allen now lives, formerly occupied by Moore VanHooser. Angling hollow forks, and the two prongs come together above or west of the house.

Charley Stafford is dead.

When I worked for Col. Murray, Zack VanHooser lived on the land north of Angling hollow. I think Col. Murray owned the Mary Price hollow then... it was mostly timberland. /s/ E. W. Stafford

Dina Patterson age 50, live on Buck branch near the free State. Character of T. G. Smith, Ben F. Meadows, Dave Jackson and Calvin Murphy - all good, can be believed in a court of law. M. A. [his X mark] Patterson

John H. Stafford, Jr. [No age]. Testifies for complainant. J. S. Young, a while before the old man W. H. Young died, asked me if I remembered a beech tree that stood at the end of the fence.

M. F. Anderson never tended the ferry after the new road was built on the north side of the ferry over the Minor land. Me and Bob Raines did. I live at the mouth of Angling hollow on George Haile's land.

I expect I am close to [age] 40, married 14 or 15 years, maybe longer.

Frank Anderson helped me tend ferry some on public days - don't think he ever done ferrying himself. /s/ John H. Stafford

J. O. Tate [No age]. Character of Dr. Z. M. Young, T. G. Smith, Ben F. Meadows, Dave Jackson and Calvin Murphy is good.

Heard Calvin Murphy's negro girl had a child by him. /s/ J. O. Tate

Dave Jackson [No age]. Character of Dr. Z. M. Young, John L. Young, T. G. Smith, Ben F. Meadows and Calvin Murphy is good.

Question: Isn't it a part of Calvin Murphy's character that he got his negro girl a child?

Answer: I heard talk about it. I don't know nothing about it.

Question: Didn't his own children talk it?

Answer: One of them did.

Character of Dina Patterson, J. O. Tate, M. F. Anderson, and John Hughes is all good. /s/ David Jackson

Elisha Stafford, for complainant. Helped build a picket fence for Col. Murray... just across the road from W. H. Young's residence, Feby or Mar 1877. Uncle Charley Stafford and his son George and myself worked on it. It ran up the hollow passing the house where Charley Stafford and me lived.

Andy German lived with Col. Murray, hauled wood, helped look after stock. I am the same E. W. Stafford who gave deposition 3 or 4 days ago. /s/ E. W. Stafford

George Stafford, going on 49 years. My father was Charley Stafford. Me and my father lived on Col. Murray's land in 1866 & 7.

Harve Raines asked if I helped build the picket fence... same Harve Raines as gave testimony. /s/ G. W. Stafford

W. T. Acre [Acree] [Nothing new]. /s/ W. T. Acree

Harve Range [Raines]. Have worked for M. F. Anderson.

Question: State whether you remember Z. M. Young & Mrs. Bailey Butler crossing the river at Anderson's ferry...

Answer: Don't remember when... I was working at the wire [sic; ware] house cleaning it out. Frank Anderson, Dr. Young, Dora Butler, John Husler Stafford was with them. John Husler Stafford was tending the ferry at this time. Harvy [his X] Raines

DEPOSITIONS filed September 20, 1910:

W. T. Acree, about 50. Live 1st District, am a practical surveyor. Ran lines for W. H. Young about 24 August 1910 using Grant dated May 18, 1789 from State of North Carolina to James G. Brehon, No. 935.

Grant No. 2007 [or ?2067] for 160 acres dated 13 August 1825 to Settle Whitley & Smith runs in the direction of tan yard branch with the Cox line towards the Brehan land.

Grant 732 from State of Tenn, recorded Land Book J, page 478 to W. Scantland at the beginning corner of Brehan grant - Brehan or Woodfolk lands... David Cox grant... Doe creek. /s/ W. T. Acree

PLEADINGS: Deed September 9, 1903 from Z. M. Young to W. C. Spivey did not convey warehouse privileges.

The old Woodfolk line is the old Brehon line... 2560 acres, described as being in Davidson County on south side of Cumberland River about 8 or 9 miles above Big Salt Lick on said river [rest of description using marked trees]... none of the trees called for in this grant remain... David Cox grant, made in 1812. Lud Brooks saw a line surveyed by William Gore and T. H. Butler in 1888.

DEPOSITIONS - no dates:

Andy German age 63. Live Gainesboro. Knew Col. John P. Murray since the war. He lived here in Gainesboro. I lived with him since the war up to his death, in the Angling hollow. Went to live on his land after Sam Cunningham married his daughter.

I don't remember when I married. It was after Mr. Cunningham married, and after Col. Murray's [first] wife died. License record shows S. H. Cunningham married 28 December 1876 and that I was married 29 January 1878. I came to Mr. Murray's about 1870. Mrs. Murray had two children after I came, Nettie and John. Nettie married A. W. Crabtree.

Question: Did you come to Murray's after he was shot at Livingston?

Answer: Afterwards, but I don't remember what time after. Col. Murray was a lawyer & coming to Livingston and wanted me to come and I was wanting a job. He was my lawyer. I was indicted and accused of talking a shawl from a Bilberry. They said I took it from Keerling's mill.

Col. Murray's wife died when John P. was a baby - was a good while before I married.

Murray owned M. G. Butler's land where Luke Anderson lives... land Perry Hoover used to own... bottom now owned by G. G. Haile... land of the Henderson Young heirs.

Question: Didn't Col. Murray die just before Christmas in 1875 - 16 years ago next December?

Answer: Somewhere along there.

(M. G. Butler, Solicitor for Defendant, agrees Jno P. Murray died December 21, 1875).

Question: Do you remember when his horse fell with him and broke his leg?

Answer: His wife went down to the river in the buggy when they were bringing him home and she sat in the buggy with him and held his leg.

Col. Murray went with me to the marked beech on the river before he got crippled, and in his first wife's lifetime.

I married Nancy Suttan. She had been married before. Her former husband was Gaines Harris. She had one child when we married.

Question: It was illegitimate, was it not?

Answer: Her first husband had left her when the child was born. He was not the father of the child. She told me that.

I was not guilty of taking a shawl from Kearling's mill.

After Col. Murray died, I worked for his son G. B. Murray and family until they moved to Chattanooga. I have been there a good deal and waiting on him and his family.

Question: When did you move back?

Answer: I left there some three or four weeks. Andy [his X] German

John L. Young. I was Administrator of the estate of W. H. Young, deceased and was one of his heirs. Pearce Buckhanan showed me where the line reached the river. Buchanan lived on the lower ferry tract ten or so years ago.

Pierce Buckhanan was living not long ago. He was up here in July I think. I told my attorney Mr. Butler to subpoena him.

... Uncle Zeb Young [Dr. Z. M. Young] /s/ Jno L. Young

A. C. Stafford. Have previously given a deposition. /s/ A. C. Stafford

Ben F. Meadows. Have previously given a deposition [testimony here regarding old rock fence and picket, or board, fence - mlj]. /s/ B. F. Meadows

Henry Allen, age 41, live near Gainesboro, am a farmer. The road was a bridle way, there was no fence. I moved away to the lower end of the Free State when they started the new road and there was a wire fence. J. H. [his X] Allen

DEPOSITION, 12 May 1910 at office of Cleander Cleon Mooney, 422-3 Cole Building, Nashville.

W. W. Woodfolk. I am the son of Wade Woodfolk. Think he died in 1881. After James G. Brehon owned 2560 acre grant in Jackson Co., my father did. Saw it surveyed before the war, 1857 I think. My father, Bill Dickson, Alex Flatt and others, don't remember who, were along. Began at the bank of the Cumberland River. My father was surveyor of Jackson County at one time. My father owned the Free State, or Woodfolk land. G. M. Putty and Mary Cornwell lands bounded the Free State. /s/ W. W. Woodfolk

[NOTE: Below was dated 1st Monday in December 1874 - but was typed. Appears to have been retyped transcript from Tennessee Supreme Court record - mlj].

MEMICAN H. HOWARD vs WILLIAM WOODFOLK. Chancery decree is affirmed. M. H. Howard to recover of William Woodfolk $11,208.10 and interest from 6 June 1871 of $2503.14.

Deed conveying Woodfolk land 31 January 1867 to J. T. Quarles was made to defraud creditors... is set aside. 2560 acres near Gainesboro on the north side of the Cumberland River granted by State of North Carolina to Jas G. Brehon, Grant No. 935

Other tracts mentioned as property affected by this ruling and date of deed:

John Burris, Sr., tract of 25 acres, 1831.

Poleman Pate, 184?.

Deed from David K. & Martha H. Wetcha [sic; possibly Witcher] his wife, 15 Nov 1838.

Land on Salt Lick Creek to Woodfolk by Jesse B. Kearly, 1838.

Edmond S. Kirby to Woodfolk, 1841.

Pleasant D. Kirby to Woodfolk, 1838.

Woodfolk to John Hughes, No. 18676... home tract in the vicinity of Nashville, about 5 3/4 acres & 11 poles; also 2 acres and 4 3/4 poles adjoining.

JUDGMENT: W. W. Woodfolk in favor of his said son William Woodfolk, Maury County, Tenn, for the balance of the Arkansas judgment at Gainesboro Chancery.

DEPOSITION: G. B. Murray, occupation lawyer. Reside Chattanooga, Hamilton Co., Tenn, am a son of John P. Murray. John P. Murray owned the Woodfolk land. 11 March 1911. /s/ G. B. Murray

BILL OF COMPLAINT: M. F. Anderson of Jackson Co. and J. T. Anderson of White Co. against W. H. Young of Jackson Co. Defendant erected warehouse on Complainant's land for the purpose of receiving and shipping ferry freight... banks of the Cumberland River.

DEPOSITIONS 31 October 1910 of W. T. Acree, W. C. Spivey [Nothing new].

J. W. Cason age 62, live 1st District, Jackson Co. Rented Dr. Young's ferry and warehouse in 1892 and 1901 from Dr. Young. /s/ J. W. Cason

DEPOSITION 4 November 1911.

W. F. Sadler. Am a practical surveyor. /s/ W. F. Sadler

DEPOSITIONS 19 May 1910:

W. C. Spiva age 43, lived 13th District, Jackson Co., for Complainants. Lived at the warehouse where Frank Anderson now lives, operated the lower ferry and rented the upper one out. I moved there about 1 Jany 1901, stayed a little over three years. Lived on W. H. Young's tract, bought from him.

Job Morgan lived above the mouth of Roaring River.

Frank Anderson and I bought it together, paid $5000 to include the ware house and ferry privileges and easements of Z. M. Young.

I am not related by marriage to W. H. Young. /s/ W. C. Spivey

W. S. Jackson, age 41. Live 12th District, am County Surveyor. /s/ W. S. Jackson

J. W. Stafford, for Complainant. Cut & hauled logs from John P. Murray's land in his lifetime, about 30 years ago. Think John Meadows was in possession of ferry then, and was ferry man. /s/ J. W. Stafford

John Hustler Stafford. I have known M. F. Anderson & Dr. Z. M. Young since I was a small boy. I was running the ferry for Frank Anderson in the fall about three years ago. John H. [his X] Stafford

M. A. C. Williams, age 71. I was wife of James Eaton, now deceased. Coleman White deeded the lower ferry tract to my husband, November or December before 1855. We lived there 1855 & 56. Knew Mary "Polly" Cornwell and Coleman White. Both are dead. Mary Cornwell was my great aunt.

I think we lived on Cornwell land in 1865-66, year the Civil War closed.

I am a grand daughter of Wm Lock, deceased. He died before I was born.

My grandfather owned land on South side of Cumberland River. At his death it went to my grand mother and she willed it to my father during his lifetime and at his death it went to his children. It finally went into the hands of W. H. Botts and John P. Murray the same way. It is between Gainesboro and the Cumberland River, and is on both sides of Doe creek. Also he owned another tract just south of Gainesboro known as the ?Rawley hollow. /s/ M. A. C. Williamson

DEPOSITIONS 9 January 1911:

Nathan Stafford for Complainants. I am a son of Jonas G. Stafford. He is dead. My father showed me the lines when he ran a ferry. He lived on the other side of the river, opposite the lower ferry tract where Campbell Morgan had leased from Howard Herrod. He told me he moved there in 1856. I was 15 or 16 when he showed me the lines, maybe older. Has been 15 or 16 years ago, maybe longer.

I think I am age 36. Now live at the mouth of Roaring River on Daniel Johnson's land.

Question: Is it not a fact that you and the Defendant Young are bitter enemies... don't speak to each other?

Answer: Yes sir he got mad at me and I don't know what it is for. /s/ N. M. Stafford

T. G. Meadows age 56, live 1st District. I am John W. Meadows' son. He is dead. I lived with him on the lower ferry tract, moved there in 1861, lived there almost eleven years then moved up to the Polly Cornwell tract one year, then back to the lower ferry tract, making eleven years in all. /s/ T. G. Meadows

DEPOSITIONS [About August 21-22, 1910], taken C & M office, Gainesboro:

N. M. Stafford age 34, live Gainesboro. Operated ferry for W. H. Young. When the river was up my brothers helped and the Raines boys helped some. Lived about one-half mile this side of the ferry. I had a contract with him that I was to get one-third of what I made. /s/ N. M. Stafford

John Jackson age 53, lived 1st District nearly all my life, in the neighborhood of the lower Gainesboro ferry.

Knew Alex Hawkins and John Whittaker. They are both dead. They pointed out the line known as Woodfolk land, now known as the Free State. Has been 18-20 years ago. It was before I was married. I have been married about 22 years. I married in the Free State. I remember when Bill Quarles lived there.

I am the same John Jackson who gave a deposition in the case of A. C. Stafford, et al against G. W. Chapman et al, about 17 September 1907. Don't recall saying I went up river [to live] with Asa Anderson. I went up there but not permanent. In 1909 I lived at Boon Hestan's. In 1906, 7 & 8 I lived on D. B. Johnson's land. John [his X] Jackson

DEPOSITIONS - Adjourned/resumed Thursday, 23 August 1910]:

A. B. Hestand, age 41. Live this District [1st]. I am a farmer, known Z. M. and W. H. Young nearly all my life. I was running Z. M. Young's ferry. W. H. Young established a ferry 14 years ago this Summer. Rates for a man & horse were 10 Cents, for a one-horse buggy 25 Cents, two-horse 50 Cents, Two-horse wagon empty 25 Cents, loaded 50 Cents. /s/ A. B. Hestand

John Hamlet, age 57. Live 1st District. Wm Stephens bought part of the Woodfolk land. The corner of the Stephens tract is next to the Putty field. /s/ J. J. Hamlet

Lud Brooks age 55. Live near Brooks Ferry, about three-fourths mile from Gainesboro. Lived about one-half mile from Brooks ferry for about 36 years. Owned land granted in the name of Bill Scantland. The Brehan grant bounds it on the north side.

John Meadows, now deceased, showed me the Brehan corner when he lived there. There's no corner now. The bank slid in 30 - 40 feet... Ben Meadows house... Morrison Smith's house.

William Gore ran a survey line about 1888, and me and Wm Stephens carried the chain. /s/ Lud Brooks

W. H. Young [No age]. Sidden & Lewis, was Jas A. Sidden, don't recall Lewis' given name, levied on the Woodfolk land. John P. Murray was the attorney.

I was a witness in the case of M. F. Anderson & J. T. Anderson vs Joseph Hix.

Filmore Loftis lived at the upper ferry part of the time... don't know how many years. Tom Warren lived there one year and Marlin Young one year. Loftis ferried across Roaring River and part across Cumberland River.

I am Dr. Z. M. Young's brother. /s/ W. H. Young

Calvin Murphy. Will be age 51 on 19 August 1910. Live this district, am a farmer. Helped John & Frank VanHooser tend the ferry in 1872, 3 or 4, am not positive. Helped them two years. I think they owned it. I was a boy then. /s/ Calvin Murphy

David Johnson age 64, live 1st District, am a farmer. Known the ferry tract since 1872. About 1874 I built a rock fence for John and Frank VanHooser who owned the ferry tract. /s/ David Johnson

T. G. Smith, age 68, live 1st District, am a farmer. Testifies for Defendant. I moved on part of Woodfolk lands in 1872 or 1873, owned 34 years the 10th of this month. Bought it at one of the Woodfolk land sales. It was known as the Free State, and divided into 17 tracts and I bought Tract No. 12.

Tract 17 is in the upper or east end of the free State. Believe Jno P. or G. B. Murray objected to the sale and it was not sold. It lies between the Patterson tract and the lower ferry tract.

W. H. Quarles owned the ferry tract after the VanHoosers.

There was a buckeye standing in Burr Smith's feel [sic; field] west of the house where Marson [Morrison] Smith now lives. /s/ T. G. Smith

PLAT MAP: Shows Woodfolk land, Scantland grant, Settle Whitley & Smith grant and Cox grant. Dimensions in poles, does not show Woodfolk land as it was divided/sold.

A. C. Stafford age 64, live 6th District, occupation farmer. Assisted J. W. Stafford hauling logs off John P. Murray land 1871-72. Frank or Bailey VanHooser, don't recall which, came and said thought we were cutting on their land. We moved further back to the west. A. C. [his X] Stafford

M. F. Anderson. W. C. Spivey first bought from Z. M. Young and I afterward bought one-half interest from Spivey. Dr. Young said he bought land from Lewis K. Smith for $25.00. /s/ M. F. Anderson

PETITION: Petitioners, who are the children and heirs at law of W. H. Young, deceased [not named] allege the Settle Whitley & Smith grant of 160 acres dated 1825 extends into part of the Brehon land and may overlap Scantland grant and the David Cox grant dated 1812. 4 November 1911. /s/ M. G. Butler & Son, Sol.

DEPOSITION May 30, 1910, at American Nat'l Bank Building in Sparta:

J T. Anderson for Complainants. Am age 61, reside Sparta, am a complainant. Am in the banking business. Lived here nearly five years, moved from Jackson County in August 1905 where I had lived all my life.

My co-complainant [M. F. Anderson] is my first cousin and W. C. Spivey married my niece.

Brehan 2560 acres has been known as Woodfolk land nearly 40 years. /s/ J. T. Anderson

DEPOSITIONS [No Date; about mid-May 1910]:

B. L. Quarles for Complainant. W. H. Quarles is my half brother [identifies his handwriting in letter dated 1 May 1910, Lafayette, Tennessee; "...do not know where the Woodfork line is" /s/ W. H. Quarles - mlj]. /s/ B. L. Quarles

Ben Meadows age 47, live Brooks ferry, am a son of John W. Meadows, dcd who formerly lived at the mouth of Doe creek on the lower ferry tract. Allen W. DeWitt owned it then. Newt Moore owned it when my father first moved there, then DeWitt and then R. A. Cox. I understand Dr. Frank Murray had something to do with it before DeWitt got it, think 1869-70 & 71. I am a son in law of W. H. Young. R. P. Brooks, A. W. DeWitt, R. A. Cox and T. J. Murray and my father are all dead [rest missing - mlj].

DEPOSITIONS 2 Sept 1910, LaFayette, Tenn:

W. H. Quarles. Bought the land from Frank VanHooser 1875, sold to Dr. Z. M. Young think in 1880. /s/ W. H. Quarles

Z. M. Young age 71. Live LaFayette, Macon Co., TN, physician. I am a brother of W. H. Young and uncle of Complainant M. F. Anderson, but no kin to Complainant J. T. Anderson. /s/ Z. M. Young

[NOTE: Bills and cross-bills filed; Plaintiff is Defendant, then reverses - mlj].

PLAINTIFF Joseph Hix sues to recover following tract: 1st District, Jackson County, north side of Cumberland River known as the two lower shares of J. W. Lock lands, conveyed to Plaintiff by M. L. McDearman on 4 August 1908.

PLAINTIFFS M. F. Anderson of Jackson Co. & J. T. Anderson of White County against Joseph Hix.

9 September 1903 Z. M. Young conveyed to W. C. Spivey & M. F. Anderson land in 1st District of Jackson Co., deed registered 9 Sept 1903.

Joseph Hix entered & took possession under deed dated 11 November 1905 from S. H. Minor and wife Georgia known as the two lower Lock shares.

Complainants have been in open adverse possession for more than seven years [cite other cases involving Statutes of Limitations]. /s/ D. B. Johnson, J. H. Anderson, Sol. for Cpt

ANDERSON, P. J. vs J. F. GAINES and

GAINES, J. F. vs ANDERSON, P. J.

Synopsis: Bills and Cross-Bills as to who was lawful County Superintendent of Public Schools in July 1911 following an election. No relationships given.

DEPOSITIONS:

W. N. Chaffin age 59, live Martin's Creek. Live adjacent Mary Ferrell, dec'd place, been there about 30 years. One of her sons said he'd give her $250 cash if she gave full possession. That was Fate [Ferrell].

Cefe [Ferrell] had Haskell Womack to write a contract for Fate to have the place at $250 and Fate refused to take it. Fate Fuquay owned the land after Mary Ferrell died, improved it, was a progressive farmer. /s/ W. N. Chaffin

J. P. Chaffin, live on waters of Martin's Creek. Was 40 the 6th last July, principally farm. Moved there 1st of Jany last 27 years ago adjacent the original tract. Rent on Mary Ferrell dower tract worth $250 - $300 year. 1908 & 1909 Cefe Ferrell lived on the place and cultivated it. 1910 a colored man by the name of John Sadler cultivated the place. In 1911 Ben Huddleston [cultivated it].

Cefe Ferrell was an heir. /s/ J. P. Chaffin

I. B. McDonald age 43, live lower end of Putnam County, Tennessee, deal in livestock. /s/ I. B. McDonald

W. M. Fuqua age 40 the 24th of last March, am a farmer, live 7th District. Was born and raised within 2 - 3 miles of Mary Ferrell tract. Lived about one-half mile for 15 years.

Question: Did Mary Ferrell have a son George Ferrell living with her that was an idiot?

Answer: Yes sir. Don't know if he was there the last year or not. Mrs. Ferrell was an old woman... mind gone weak. I wouldn't have cared for them for rent of the place, especially George. /s/ W. M. Fuqua

DEMURRER: J. C. Ferrell states Mary Ferrell resided with her guardian J. C. Ferrell in Putnam Co. at her death. A few days before her death she visited her son Frank Ferrell in Putnam Co. and died there. Had not resided in Jackson Co. since 20 March 1911. Dated 20 April 1915.

ANSWER: S. M. Ferrell, am a son of Mary Ferrell and brother of J. C. Ferrell.

BILL OF COMPLAINT: P. J. Anderson, Admr of estate of Mary Ferrell against J. C. Ferrell of Putnam Co., J. T. Vitetoe & D. B. Johnson of Jackson Co., S. M. Ferrell of Macon Co., Tennessee.

Mary Ferrell died about October 1911 intestate, owned land in 5th District bounded north by heirs of W. D. Ferrell, east by Will Vitetoe and south by John Hargis, west by Jeff Lee and others.

3 March 1908 J. C. Ferrell filed to have Mary Ferrel declared unsound mind. Decreed 18 March 1908. J. C. Ferrell was appointed guardian, posted bond with Vitetoe and Johnson as securities.

DEPOSITION:

S. M. Ferrell age 55, live Macon Co., TN, occupation farmer. Am a brother to J. C. Ferrell and son of Mary Ferrell. Estate owed me $37.15 for furniture sold for back taxes. I bought it at the sale and left at her home. Been about four years. My brother Cefe was appointed guardian of Mary Ferrell. They wanted Fate to pay rent of $250 per year and take care of Mary Ferrell and George Ferrell and he didn't want to do it.

Mary received a check for $85.90 from her sister's estate. She deposited it in First National Bank at Cookeville and had me send a check for $10 to brother Fate in Oklahoma.

She loaned her brother Frank $50 in August or September 1911.

She stayed with me from 18 March to the 1st of August 1910. I went to see her and she was sick. I stayed with her a week then got my horse and buggy and came and got her. /s/ S. M. Ferrell

Bob Keith. Was 25 years old Sept 25th. Live Shaw Branch of Martin's Creek in Putnam Co. Lived in the house with Mary Ferrell when J. C. Ferrell was her guardian in 1911.

Sid Ferrell... taking care of his mother. /s/ Bob Keith

Herbert Keith. Will be age 28 the 19th of next June. Lived on Mary Ferrell's homestead and dower in 1910.

Question: Did your mother go there to stay with her?

Answer: Yes, but she did not stay... couldn't get along.

Fate Ferrell fell out with his mother... claimed she whipped one of his children with a stick.... my brother Bob Keith. /s/ J. H. Keith

Ben Huddleston [No age]. Mrs. Ferrell was a troublesome woman. I lived there in 1911. She was at Bloomington when she died I suppose. /s/ Ben Huddleston

J. C. Ferrell, will be 42 the 7th March last, live Bloomington, Tennessee. Mary Ferrell died October 26 or 27, 1911. She was at Frank's, my brother's, when she died. Had been there 4 - 5 days. Frank and I lived in Putnam County.

Brother Sid lives about 38 miles from where I live and about 21 miles from Gainesboro.

Florence Keith was cooking for my mother.

George lived there up to 19 March 1911. Mother didn't want him taken to the Asylum. She thought more of him than she did all of us.

Brother Fate wouldn't take the place if mother stayed there. /s/ J. C. Ferrell

AGREEMENT R. D. Anderson to rent his farm and mill in 11th District bounded by W. L. Anderson, Flynn's Creek, Harriett Darwin & P. Chilcutt for five years, $800 per year to Lizzie Carter. J. U. Carter, Lee Carter and William Russell Spurlock were securities. R. D. Anderson to have buggy house for a store room and one room upstairs in the dwelling. Carters to make minor repairs. Anderson to replace saw/saw blades, furnish belts if needed to be replaced. If Anderson decides to move back home, at the end of any year said Carter is to let said Anderson have the dwelling house, the upper barn next to the Creek and the bottom land between the house and the mill and the garden for $75 a year. Agreement dated 22 October 1913.

/s/ Lizzie Carter, J. U. Carter, W. R. Spurlock, Lee Carter, R. D. Anderson DEPOSITION: Lizzie Carter age 43, live Flynn's Creek. R. D. Anderson owes $50 for boarding his boys and hands when they were baling hay, and for repairs to the saw mill. 19 March 1915. /s/ Lizzie Anderson

DEPOSITIONS 26 March 1915, C & M Office, Cookeville, Tennessee.

R. D. Anderson age 57, live Cookeville. Jimmie U. Carter was at the mill and I spoke to him about renting the place. Lizzie Carter is first on the lease. Jimmie is insolvent. Jimmie ran it. /s/ R. D. Anderson

John R. Anderson age 25, live Cookeville, am a son of R. D. Anderson. Roe Carter is a son of the defendants, was there most of the time. Was batching there together so Carter could feed the stock of a morning, and I was cleaning up the place.

DEPOSITION: U. T. Anderson, age 39. Am administrator of James H. Anderson, deceased, have inventoried personal property, equals about $280. I am a son of the deceased. He owned about 175 acres at death. Homestead and dower was assigned 12 Sept 1902 to the widow Mary Anderson, included mansion house and outbuildings, about $1000 value. Bounded by J. H. L. Brown... mouth of Bill Kirby branch. There are seven heirs, land cannot be advantageously partitioned, will be necessary to sell land to pay debts. 16 March 1903. /s/ U. T. Anderson

NOTE & MORTGAGE: James H. Anderson & wife Mary Ann Anderson to R. V. Brooks for $550, land in 11th District, Dry Fork of Flynn's Creek... just below the grave yard. 29 Jany 1898. /s/ J. H. Anderson; Mary Ann [her X] Anderson

BILL OF COMPLAINT: U. T. Anderson as Administrator of James H. Anderson and in his own right, Robert Anderson, Maggie Brown and husband Sam Brown, and Mary Anderson, R. V. Brooks, F. A. Kelly, B. J. Franklin all of Jackson Co.; J. C. Anderson of Clay Co, Tenn.; Sidney Anderson of Birmingham, Alabama, and O. H. Anderson of Putnam Co., Tennessee against

Walter Anderson, a minor and R. L. High his general guardian and Valley High, all of Jackson Co.

James H. Anderson died 15 May 1902 in Jackson Co., intestate, leaving Complainants U. T. Anderson, J. C. Anderson, Robert Anderson, Sidney Anderson, Maggie Brown and Valley High and defendant Walter Anderson his only heirs.

Brooks, Kelly and Franklin are creditors.

Mary Anderson is the widow.

/s/ U. T. Anderson, 19 December 1902.

ANSWER: Walter Anderson, minor about age 16. /s/ J. H. Anderson, Solicitor for Respt. /s/ R. L. High, Guardian. 24 Dec 1902

CAUSE HEARD: Bill to sell land... R. L. High and wife Valley High... necessary to sell land.

BILL OF COMPLAINT: W. L. Anderson of Jackson Co. against J. U. Carter of Jackson Co. Complainant 4 March 1899 sold and conveyed by deed land 11th Dist. bounded north by G. W. Brown, east by land of Tennessee Carter, south by other land of defendant and west by lands of complainant, held notes. Balance remains unpaid.

NOTICE: Willis Holford, Sen. to appear 8 Feby 1848 and make settlement as guardian of Mary Jane Holford & Sarah A. Holford.

PROSECUTION BOND: George Apple and Sampson Cassetty, security, to Willis Holford.

ANSWER: Willis Holeford to Bill of Complaint. Was appointed guardian of Mary Jane and Sarah Ann Holeford, infant heirs of Johnathan Holeford, deceased, at Feby term of Jackson Co. Court. Johnathan Holeford died seized and possessed of land in Jackson County, Tennessee. One-third has been assigned to widow as her dower.

Respondent obtained order at said Feby term to sell... respondent has been informed that his brother the said Johnathan laid claim to another tract... about 40 acres. 2 November 1846. /s/ Wm Cullom, Defts Sol., /s/ Willis Holeford

ANSWER: Needham Apple and wife Elizabeth Apple to Bill of Complaint of Willis Holeford, guardian of Sarah Ann and Mary Jane, minor heirs of Johnathan Holford. Complainant correctly stated time of death of Johnathan Holeford and that Respondent Elizabeth was his widow. That Respondents since his death [crease, can't read line]... his co-defendant George Apple as Administrator of said Johnathan Holeford deceased... paid to Respondent Elizabeth more than her distributional share. Dated 10 February 1848. Needham [his X] Apple, /s/ Elizabet Apple

BILL OF COMPLAINT: Mary Jane Holford & Sarah A. Holford by next friend George Apple, against Willis Holford, guardian of said infants. Their father died, leaving them his only heirs at law... 140 acres in Jackson Co. on Indian Creek... died seized of other land which can be sold to pay debts, can see no reason why 140 acres on Indian Creek cannot be divided. 30 July 1846. /s/ George Apple

INVENTORY OF ASSETS: John Apple, Administrator of E. D. Holleman, makes inventory 30 August 1892. Settlement 30 October 1894... all the heirs notified [not named here]... Jno Apple, Admr of Elizabeth Holliman

ANSWER: Rowland Terry & H. T. Lee to Bill of Complaint. True they purchased land and took a deed... purchase money was paid.

AMENDED ANSWER: Rowland Terry & H. T. Lee... deny they promised to pay a debt... deny Complainant is an heir of deceased... deny he is Administrator.

DEMURRER: Debt created 12 August 1885, bill not filed until 12 November 1894, statute of limitations of six years, has been over nine years. /s/ Rowland Terry, H. T. Lee

BILL OF COMPLAINT: John Apple, Administrator of Elizabeth Holliman and also Administrator of Susan Holliman, deceased, and who is also an heir at law of said deceased parties - a citizen of Smith County, Tennessee, against Roland Terry of Jackson Co. and H. T. Lee of Putnam County.

Susan and Elizabeth Holleman each died intestate in Jackson Co. Susan died seven years previous to Elizabeth, Elizabeth dying [blank] April 1892, that he is Administrator of both.

Susan and Elizabeth Holliman were sisters... joint owners of town lots conveyed to them many years ago by M. Holleman in the town of Granville.

During the lifetime of Susan and Elizabeth, to wit 12 August 1885 they conveyed to defendants Roland Terry and H. T. Lee the said lots... $200.

RECEIPT: From John Apple, $25 as part of pro rata share of Hattie Apple in Estate of H. M. Apple, deceased. /s/ Harriet Apple, Guardian

?RECEIPT [Top dark, can't read] ...estate of H. M. Apple.

/s/ Harriet Apple, Ova Apple, Rena Apple [All look like the same handwriting - mlj]

RECEIPT June 3, 1903. $50.75, balance of my pro rata share of the estate of H. M. Apple, deceased. /s/ Novella Apple

RECEIPT June 3, 1903. $15, balance of my pro rata share of the estate of H. M. Apple, deceased. /s/ Annie McDonald

NOTICE TO: Ova Apple, Novella Apple, Hattie Apple and Harriet Apple. Will make settlement, heirs of H. M. Apple, deceased on 25 May 1903.

NOTICE TO: Geo McDonald and wife Annie McDonald. Will make settlement, heirs of H. M. Apple, deceased on 25 May 1903.

NOTICE TO: Harrett Apple, Ova Apple, Annie McDonald, Novella Apple, Cerena Apple and Hattie Apple. Will make settlement 16 May 1902.

ADMINISTRATOR'S BOND: Jno H. Apple, Administrator of Estate of H. M. Apple, dated 3 April 1900.

also KING, J. M., Admr of William Keith

SETTLEMENT: J. M. King, guardian to Eller King, Ira R. King, Jane King, Casander King and James King, minor heirs of T. W. King, deceased. 1st Monday in Feby 1880.

DEPOSITIONS 29 January 1879, in presence of defendant Nathan Davidson and J. C. Apple, Administrator of Thos W. King and Mat King, one of the heirs of Thos W. King.

W. T. Hughes [No age]. Knew Luke M. Holaman and Louis Holaman in their lifetime. Knew the land, surveyed it in the fall of 1839. Richard Davidson, now deceased, was the father of defendant Nathan Davidson. Richard Davidson and Thomas Johnson were chain carriers.

Louis M. Holoman after that time claimed the land, except the 50 acres owned by Richard Davidson.

I was the administrator of Louis M. Holleman, and was appointed commissioner to sell land... believe sold in year 1857 and White Myers became the purchaser.

Have read the Louis M. Holleman Grant No. 8723. /s/ W. T. Hughes

William Steakley [first part missing]. Deft J. H. L. Brown is the son of Dudley Brown and has always lived in the neighborhood of the lands in controversy. The still house was on John H. L. Brown's side of the line, not Thos King. William [his X] Steakley

Joseph Jackson [Nothing new - mlj]. Joseph [his X] Jackson

E. L. Jackson. Am a practical surveyor. J. H. L. Brown procured me to run the line before Mr. King's death, think in the year 1876. /s/ E. L. Jackson

LETTER: Datelined Greenville, SC, November 27, 1881 to J. C. Apple, Esq.

Dear Sir, Your favor of 18. inst came duly... with the $42.00 my wife's interest in her grand father's estate... anything due from her father's estate...

I hope you will see Mat King... concerning payment of the note he holds against me. I had the money when I was in Jackson County last.

My family as well as usual... Yours truly, /s/ Cicero Hall

NOTICE: Mrs. N. M. King, J. M. King, J. F. Barnett & wife Susan Barnett, Jane King, Cassander King and James King and Mrs. Ella Richmond... will settle Tuesday, May 31, 1881... estate of Thos W. King, deceased.

PROMISSORY NOTE: On or before 15 November 1878 we promise to pay James D. Bennatt, Receiver in the case of James Eaton and wife and others against J. W. Lock, $250 for the rent of two shares of the Lock land to wit shares of W. K. Lock and of Sallie Sadler lying in the lower half of the Lock farm. . /s/ W. B. Cross, Needham [X] Apple

CAUSE HEARD 11 January 1878. Plaintiffs failed to make out their case, appealed.

BILL OF COMPLAINT: Cites above lease agreement. Marion Morgan and Dan'l Morgan and James D. Bennatt are unlawfully witholding possession, land on the north side of the Cumberland River being 2/5 of the J. W. Lock farm which was allotted to William Lock and the heirs of Sallie Sadler. 2 January 1878.

NOTICE TO SHERIFF: D. H. Armistead filed Complaint... T. J. Lee is security of David W. Eller, who owes money... is informed said Eller has absconded the state.

AFFIDAVIT: D. H. Armistead states can prove by D. W. Eller who is a material witness for him... witnesses brother took possession of [blacksmith] tools or was to take possession at once and hire a blacksmith and open a shop. They were not left with Apple in pledge or any other purpose. Received a letter from the witness a few days ago... lives in Tracy City, Grundy County.

About the first of the present term [of court] Affiant was sent for to go to Nashville... his brother John M. Armistead being in a dying condition and who did die before he arrived there. He has just returned from his said brother's funeral, asks a continuance. 20 September 1875. /s/ D. H. Armistead

PETITION: Ridley Apple states cannot go safely to trial without evidence of David S. Shephard or John Hughes. 19 Feb 1854. /s/ Ridley Apple

BILL OF COMPLAINT: Ridley Apple and Peggy Ann Apple, his wife and Elizabeth Stewart, all of Jackson Co., against Henry W. Sadler and Samuel ?R. McDonald of Jackson Co. and Reece C. Stewart and John Stewart, John Lee and wife Jane Lee of Fannin County, Texas and Jane Williamson of the State of Louisiana. Complainants except Elizabeth Stewart and defendants McDonald and Sadler are heirs at law of Hugh Stewart, deceased, died about the month of February 1849 intestate in Jackson County, that Complainant Elizabeth is his widow. He died possessed of considerable personal estate. March term of Jackson County court, defendant Reece C. Stewart was appointed administrator. Sadler and McDonald became Securities.

Reece C. Stewart made settlement 1st Monday in September 1851 and a few days thereafter removed to Texas.

Orator did not have sufficient time to examine settlement until after said Administrator had left for Texas. Jane is a minor and has no regular guardian [Did not give last name, but see "Answer" below of Reece C. Stewart; probably Jane Williamson of the State of Louisiana - mlj].

BOND: We, Ridley Apple, Elizabeth Stewart and Lafayette Apple are indebted to Henry W. Sadler, Sam K. McDonald, Reece C. Stewart, John Stewart, John Lee and Jane Lee his wife and Jane Williamson sum of $250, void if Ridley & Peggy Anne Apple and Elizabeth Stewart prosecute suit with effect... 15 Jan 1852.

DEPOSITIONS 30 Jan 1853, at the counting room of John Hughes in Granville, TN:

Jackson C. Apple age 28. I was at the settlement, and made calculation of interest due. /s/ J. C. Lee

John C. Lee [No age]. We allowed Reece Stewart a greater share of the negroes than the other legatees. He had been at a great deal of trouble with his father and mother. We agreed to let him have Moses [a slave belonging to the estate] who was worth about $250 more. Reece C. Stewart left the room to allow us to discuss... He brought receipts for each legatee to sign. John Stewart, Ridley Apple and J. C. Lee signed.

I was there acting as attorney in fact for my father who was a distributee in said estate. Took place the latter part of September 1849.

Question: Was Ridley Apple to contribute $20 to purchase a horse for your mother?

Answer: He would not say for certain how much, said he was willing to give whatever his wife said. She said she was willing for her sister to have a nag... Ridley said he did not feel himself able to give anything then but if he gave anything he could not give more than $10. /s/ J. C. Lee

INVENTORY & SALE OF PERSONAL ESTATE: Consisted of household goods, fodder, corn, tools, livestock. No slaves, no bible. 24 March 1849.

DEPOSITIONS 12 November 1852 [Concerned items sold, no relationships given - mlj]:

George Apple about age 62, /s/ George Apple

Leroy B. Apple about age 31. /s/ Leroy B. Apple

J. C. Apple, about age 27. /s/ J. C. Apple

ANSWER: Reece C. Stewart to Bill of Complaint. About 1840 his father became embarrassed in his pecuniary matters as stated... Hugh Stewart never at any time conveyed to him any property.

Month of July 1833 Hugh Stewart, his father, not then being in debt, executed a bill of sale to this defendant and his brother John Stewart for four slaves, to wit: Mindy, Moses, Nelly & Rebecca with a condition that at the death of said Hugh and their mother Jane Stewart, the then wife of Hugh, this defendant and said John Stewart would convey to their two sisters Peggy Ann and Elizabeth one negro to be equal in value to one which he, said Hugh, had already given to their other sister Jane Lee, [slave] about 10 years called Fanny.

28 Jan 1840, nine years before the death of said Hugh the defendant and the said John Stewart at the request of the said Peggy Ann, wife of said Ridley Apple and at the request of Emily Ann the wife of John B. Williamson who has since died, and at the request of said Williamson and at the request of Hugh Stewart did convey and deliver one negro equal to value of Fanny who had been given to Jane Lee... Every party was fully of age at the time... received their respective negroes.

Denies there were negroes belonging to estate to be divided.

4 October 1849, it was agreed between heirs... except infant heir of his sister Emily Ann Williamson.

Fannin County, Texas /s/ Rees C. Steward

DEPOSITIONS [30 Jan 1853, Fannin Co., TX, all acknowledged/taken by Miller H. Dixon, Clerk of the Court:]:

John Hughes 45. In 1837 & 1838 Hugh Stewart was insolvent. After that, he became good [for his debts]. /s/ Hugh Stewart

Middleton McDonald about age 52. Live Fannin Co., TX. Lived Jackson Co. in 1851. /s/ Middleton McDonald

Robert More about age 41. About 1846 Rees C. Stewart swapped a cart in his possession mentioned by Waddy Carlisle to Jefferson Hargus. /s/ Robert More

Waddy Carlisle about age 44. In 1845 and 1846 I lived in Jackson Co., heard Hugh Stewart say he'd given Rees Stewart some old cart hubs. Rees C. got William Evans to ?fill/file them and swapped to Jefferson Hargus for a wagon. /s/ Waddy Carlisle.

Isham Beasley about 31. Lived in Jackson Co. in 1851. /s/ Isham Beasley

Malinda McDonald about age 51. Lived in Jackson County, Tennessee 1851. Ridley Apple told me he got his brother LaFayette to go to the County Clerk at Gainesboro... Malinda [her X] McDonald

NOTICE: To Nathan Roberts. You are hereby notified that your note to W. H. Richmond is attached... case of D. H. Armistead against W. H. Richmond... appear 1st Monday in March 1887 and answer what you owe... do not pay said Richmond. 11 February 1887.

NOTICE: To Margaret Richmond... property in your hands of W. H. Richmond is attached... appear and answer 1st Monday in March 1887.

BILL OF COMPLAINT: D. H. Armistead of Jackson Co. against W. H. Richmond, Nathan Roberts and Margaret Richmond. W. H. Richmond is indebted... judgment rendered 6 March 1877, $65 and costs. Said judgment was stayed by William E. Jones, but both Jones and Richmond are insolvent. Nathan Roberts owes W. H. Richmond... note in the hands of Margaret Richmond, the mother of defendant Richmond. 11 Feb 1877. /s/ D. H. Armistead

DECREE: D. H. Armistead against R. P. Brooks, Admr of Henry R. Brooks, decd, Julia Roberts, James Roberts, Martha Duke, William Duke, Nancy Allen, John Brooks and Elmira [or Elvira] Brooks. 10 March 1879... Complainant and Defendants be divested of town lots... title vested in purchasers R. B. Montgomery, F. C. Cornwell, W. H. Ragland and F. A. Kelly.

REPORT OF SALE: 9 November 1878, town of Granville, District 5, Jackson Co., sale pursuant to court order, Lots 40, 41, 49 & 50 sold to highest bidder, R. B. Montgomery, F. C. Cornwell, W. H. Ragland and F. A. Kelly.

BILL OF COMPLAINT: D. H. Armistead against R. P. Brooks, Admr of Henry R. Brooks, deceased of Jackson Co., Julia Roberts, James Roberts, Martha Duke, William Duke, Nancy Allen, John Brooks and Elmira Brooks of the same venue and J. W. Donoho of Macon Co., Tenn.

Complainant 1 Sept 1875 sold to H. R. Brooks four town lots in Granville, Lots 40, 41, 49 & 50, on one of which a blacksmith shop now occupied by R. B. Montgomery is situated, whose land, with that of Mariah T. Armistead, bounds said lots on the north; the other three sides being bounded by streets. Complainant executed deed, retaining a lien for purchase money. H. R. Brooks executed notes, with J. W. Donoho as security. All unpaid except $20 paid 17 July 1877. H. R. Brooks has since died and R. P. Brooks is Administrator.

Deceased left no lawful issue. His father is dead and defendant Elmira Brooks is his mother. Defendant Julia Roberts married James Roberts, Martha Duke who married William Duke and Nancy Allen are his sisters and John Brooks is his brother, they being the only heirs at law of said H. R. Brooks.

[NOTE: There were several estate administrations by D. H. Armistead lumped in this one file, papers from one mixed in with others. I have separated them here, hopefully correctly - mlj].

ARMISTEAD, D. H., Administrator of ROGERS, N. E., deceased 1883-1885

Nothing has come to his hands of her testate... Recovered judgment against heirs of Mathew Rogers, deceased, about $37.00 which was consumed by lawyers fees as they held her note for $50.

Paid out the following, to wit:

Receipt: Jessa Armstead the sum of $4.00 in full, medical account of Mrs. Nan Rodgers, 6 July 1882, John J. McClellan, M. D.

Receipt: T. H. Butler, March 1883, $11.35.

Receipt: John J. McClellan July 6, 1882, $9.00.

Receipt: Brown & Tittle for coffin March 1882 $8 and Burial Expenses $22.

Requests he be discharged of further responsibility. Filed July 7th, 1883 [or 1885]. Recorded Wills *, Book B, page 281.

[Note: Also see below, Mariah Armstead vs David Armsted - mlj].

ARMISTEAD, D. H., Administrator of John M. Sherley, deceased.

INVENTORY OF PERSONAL PROPERTY: Dated 23 June 1885, notes and accounts due J. M. Shirley, deceased and notes due to Shirley & Lansden, years 1876, 1877, 1878, in amounts from 50 Cents to $36.

SETTLEMENT: Made 1 January 1881, Wills Adm Book B, pages 12 - 14.

NOTICE: To James T. Sherley and John W. Sherley. On 7 January 1885, will make final settlement with D. H. Armistead, Admr of J. M. Sherley, deceased... may attend if you wish.

[NOTE: Mixed in the midst of the Sherley papers was an indication of D. H. Armistead having been appointed Guardian of one Mary C. Tittle. Whether she had anything to do with the Shirley/Sherley family, do not know - mlj].

ARMISTEAD, D. H., Guardian of ARMISTEAD, SALLIE B. County 1890

Sallie B. Armistead, minor heir of T. F. Armistead. Last settlement made March 1st 1883, Guardian Settlement Book A, page 290.

NOTICE TO SHERIFF: Summon D. H. Armistead, guardian of Sallie B. Montgomery, formerly Sallie B. Armistead to make final settlement as guardian 22nd December 1890.

CAUSE HEARD: J. C. Kent, Lemuel Kent, ?W. F. Armistead, Fannie Kelly, L. M. Burford, Lizzie D. Burford, Ben Armistead, Sallie Armistead, Wm Ensor & wife Nannie Ensor, Alice Armistead, Charley Armistead & Maggie Armistead vs

D. F. Armistead, Maggie Lou Armistead, Fred Armistead, J. H. Armistead, Frank Armistead, David Armistead, J. [?init]. Armistead & Arthur Armistead.

Land sold. All right, title and interest be vested out of Complainants and Defendants and in purchaser J. C. Kent.

GUARDIAN APPOINTMENT: J. S. Montgomery appointed guardian ad litem for minor defendants, cause of J. C. Kent against D. F. Armistead, et al, it appearing that D. F. Armistead and Maggie Lou Armistead, Frank Armistead, David Armistead, J. H. Armistead and Auther Armistead are minors... without guardian. J. S. Montgomery, a practicing Solr is appointed to answer for them.

DEPOSITIONS:

John Cale. Acquainted with land about 15 years, between 60-100 acres, fair minimum price $125, best to sell and distribute proceeds. /s/ John Cale

A. Clements, live near Granville. Known land 12 - 15 years, lived joining three years, small tract of 40 - 50 acres. Best to sell. /s/ A. Clements

REPORT OF SALE: Sixty acres, 5th District, bounded north by J. C. Duke, east by A. Clements, south by J. C. Kent, west by Cumberland River.

ANSWER: D. F. Armistead, Maggie Lou Armistead, Frank Armistead, David Armistead, J. H. Armistead and Auther Armistead by guardian ad litem J. S. Montgomery. Admit death of F. A. Armistead, that he owned land... his widow is also dead, supposes heirs correctly set out. 1 Feb 1897. /s/ J. S. Montgomery

ESTATE SETTLEMENT: D. H. Armistead, Administrator of Estate of T. F. Armistead, deceased. 11 November 1876. Expenses included:

Copy of statement of L. H. Davis, could be record of medical visits. Amounts are $3.50 each, except one which is $2.00.

1872 October 19

1873 February [two visits]

1873 July 5, 6, 8, 9, 11, 13, 15, 17, 20 & 23

Burton & Brown, making coffin, $10. 22 Aug 1873.

REPORT OF SALE OF LAND: Whereas 16 Oct 1873 Mariah Armistead, John J. Kelly & wife M. F. Kelly, Matthew Rogers & wife N. E. Rogers, Jesse T. Armistead and John M. Armistead filed a bill of complaint against David N. Armistead, Sallie Armistead, L. ?I. Vaden and wife Martha J. Vaden in the County Court of Jackson County praying for sale of lands... at Decr term 1873 land ordered sold for purpose of distribution of proceeds among Complainants and Defendants, heirs at law of T. F. Armistead, deceased... sold 24 Jan 1874... John J. Kelly became purchaser at $600; cash $500 and notes $50 each. Lies north of Cumberland River, District [blank]... begin top of ridge, Holeman's and Apple's corner, south with Holeman's line... down river to willow at corner of the widow's homestead. 26 June 1874.

PETITION: Mariah Armistead, John J. Kelly & wife M. F. Kelly, Mathew Rogers and wife N. E. Rogers and Jessee T. Armistead, all citizens of Jackson Co. and John M. Armistead of Davidson Co., Tennessee, against

David H. Armistead and Sallie Armistead of Jackson Co. and L. I. Vaiden and wife Martha J. Vaden of the State of Texas.

Thadeus F. Armistead died intestate in Jackson Co., Tenn on/about 28 July 1873, leaving Complaint Mariah Armistead widow, and complainant

M. F. Kelly intermarried with John J. Kelly

N. E. Rogers intermarried with Complainant Mathew Rogers

Jesse T. Armistead

John M. Armistead, and defendants

Martha J. Vaden intermarried with defendant L. I. Vaden

D. H. Armistead

Sallie Armistead.

Said Sallie is a minor, David H. Armistead is her regular guardian.

Complainants and defendants are all and the only persons owning interest in estate of said Thadeus F. Armistead, deceased.

Land north side of Cumberland River, District 15, Jackson Co., about 150 acres where Mariah Armistead and her husband now deceased lived at the time of his death and where his said widow now resides, bounded southwest by Cumberland River, south by land of Jessee T. Armistead, east by Nedham Apple and George R. Holleman and north by land of William Barnett and Joshua Kent.

Mariah Armistead... entitled to dower. Dated 6 October 1873.

DOWER ASSIGNED: Mariah Armistead, widow of T. F. Armistead. January 1874.

DEPOSITIONS 25 July 1884:

E. P. Hawthorne [No age]. Bought timber of Wm E. Fuqua. My son is L. E. Hawthorne. /s/ E. P. Hawthorne

J. A. Robinson age 37. Know parties to suit. Understand E. P. Hawthorne bought 150 standing trees and downed timber from Wm E. Fuquay. L. E. Hawthorne bought timber from John Fuquay. Heard Mrs. Wm E. Fuquay say her husband was drinking and they needed everything they had to live on. Mrs. Fuquay gave written notice to stop getting logs.

Character of D. H. Armistead, Wm E. Fuquay, Alabama Fuquay and J. B. Holleman is good, entitled to full credit on oath.

I live with E. P. Hawthorne. Dr. E. P. Hawthorne is of good character.

Question: Is it not a part of his general character that he forged a note on J. M. Lee?

Answer: That's what [?]Minnie Lee says.

Question: Is it not true... swore falsely in the case of Wm Lambert against L. E. and E. P. Hawthorne?

Answer: Never heard anyone but Wm Lambert say so.

Question: Is it not true... swore falsely in the lawsuit between him and T. C. McKinley?

Answer: Never heard anything about that. /s/ J. A. Roberson

DEPOSITIONS 3 March 1885:

Mrs. Alabama Fuquay [No age]. Am the wife of Wm E. Fuquay, one of the complainants.

Question: Did you tell Dr. Hawthorne that your husband was drinking... spending everything you got...?

Answer: I did not. Mrs. Alabama [her X mark] Fuquay

J. M. Lee [No age]. E. P. Hawthorne's character bad. Character of D. H. Armistead, W. E. & Alabama Fuquay, J. B. Holleman, W. M. Neil good. Had a bad understanding with Hawthorne, but as a gentlemen I have no hard feelings. /s/ J. M. Lee

NOTICE OF DEPOSITIONS: Alabama Fuqua, Leroy Apple, Jack Robinson, William Lambert, T. C. McKinley, T. J. Lee and J. M. Lee will be taken at the store house of Hamp Apple on Tuesday, 3rd March 1885.

NOTICE: Will give my deposition at my residence on Hurricane Creek in Smith Co., 3 March 1887. /s/ E. P. Hawthorne

BILL OF COMPLAINT: Wm E. Fuquay for benefit of D. H. Armistead and P. McCarver, partners in Armisted & McCarver of Jackson County, Tennessee against L. E. Hawthorne and E. P. Hawthorne of Smith Co., Tenn. Fuquay owned money to Geo M. Morgan.

DEPOSITIONS [No ages, no date, no new information]: Wm E. [X] Fuquay; remainder signed as written; J. M. Lee, J. B. Holleman, W. McNeill.

JENNINGS, NANCY UPCHURCH

[NOTE: Above typed as written on folder. Does not appear from documents that Nancy Jennings, widow of Robert Jennings, was ever married to an Upchurch; referred to consistently as Nancy Jennings [maiden name Campbell]. There is a William Upchurch whose name is mentioned in the documents as a creditor. Nancy was feme sole, a single woman, at her death - mlj].

INVENTORY OF SALE: Property of Nancy Jennings, total $99.90.

NOTES: Deemed uncollectable belonging to Estate of Nancy Jennings, dates are when due; some undated:

Judgment on Andrew Posten [No date].

Judgment on James Posten [No date].

Merlin Young, Sept 1845, bad.

Wm Prior & Wm Crawford 1832, bad.

John Raglin 1837, bad.

James Gist 1842, bad.

William Smith 1836, bad.

Nell [?Neil] Cox 1831, bad.

Rubin Carter 1837, bad and run away.

Frances Colter 1836, deceased and insolvent.

Abe Taylor, very bad.

David Walker, dead.

John H. Hamilton, bad and dead.

Joseph Birdwell, bad as any.

R. Rigs, bad and run away.

William Tell, bad, gone.

A. Magers, bad, bankrupt.

William Hix, bad, ?run away [Actually looks like "remaning" - mlj].

Henry Osburn, bad, ?run away [Actually looks like "remaning" - mlj].

Thomas P. Tanksley, bad.

A. Hufhines, bad.

William Browning, bad.

John S. Turner, for 30 days work, bad.

Luke Williams, bad, [Actually looks like "remaning" - mlj].

Joseph Hamilton, bad and deceased.

Hall & Montgomery, bad.

William Posten, bad.

H. L. ?Mead, bad, parts unknown.

John Wright, bad.

Asa M. Denson, bad.

all of which is bad and uncollectable.

ADMINISTRATION BOND: Tolliver Kirkpatrick appointed, makes bond 6 December 1852. Securities are Thomas G. Rose, Albert Kirkpatrick. All signed.

EXPENSE: To D. R. Buckhanan for coffin, $6.00.

BILL OF COMPLAINT: [NOTE: Very difficult to read. Most information probably covered in Toliver Kirkpatrick's answer to bill which appears later - mlj].

Elisha Sanders and wife Elizabeth Sanders, Frances ?H. Armstrong and wife [blank] Armstrong of Jackson County against Toliver Kirkpatrick, Thomas J. Rose and Albert Kirkpatrick of Jackson County. Nancy Jennings departed life about the month of August 1852, published her Last Will & Testament [not filmed]. Executors refused to act, Toliver Kirkpatrick was appointed Administrator.

Nancy at her death was feme sole, no children living. Elizabeth Sanders and Sarah Armstrong, sisters of deceased were her only sisters, left no brothers... legal heirs [Answer of Toliver Kirkpatrick and depositions indicates this is incorrect - mlj].

DEPOSITIONS [No date]:

Watson M. Cook, age 38. Testimony regarding solvency of debtors. /s/ W. M. Cook

Alexander McCawley age 56. Mrs. Nancy Jennings was 70 or 80 and had to be helped up. /s/ Alexander McCawley

Joel W. Settle. Known William Upchurch, Asa M. Denson, John ?D. Hamilton and William Posten 10 - 15 years. Never considered William Upchurch as doubtful credit. Rest are.

Alexander Montgomery age 63.

Question: State if you know of a note dated 12 December 1820 by P. Butler and Robert Jinnings for $100 payable to Claton Rogers.

Answer: Price Butler, who was my brother in law, left this country between 1820 and 1827 and at the time he left he was pretty well brok-up [sic]. Robert Jennings was security for him in the Loan Bank for $50. Jennings complained about him leaving without paying off the note and out of respect to Butler I agreed to pay... didn't know about the $100 note... I made the following payments: Jan 7, 1827, $6; Feby 6, 1828, $6; Feb 20, 1830, $12; Feb 14, 1830, $6; Dec 9, 1833, $10. Then after the death of Claton Rogers this note was presented to me by Clayton Scantlin who was the grand son of Clayton Rogers and I paid it off.

My partner Hall contracted some debts to Robert Jennings... do not know how much... came to the hands of Nancy Jennings, his Executor or Administrator, Mrs. Jennings after the death of her husband. /s/ Alexr Montgomery

James W. [or M.] Draper, about age 45. Have been acquainted with Thomas P. Tanksley [sic; usually Tankersley - mlj] since I was a boy. He left this country about 5 - 6 years ago. He was not solvent before the death of Nancy Jennings in the fall of 1852. He went to the State of Illinois before 1852 and has not been back since.

Know Asa Denson, live 8 - 10 miles from him, is not solvent.

Alexander Montgomery and William A. Hall were formerly merchants and partners in Gainesboro. My information is they are not solvent. /s/ James ?M. Draper

ANSWER: Toliver Kirkpatrick and Thomas G. Rose to Bill of Complaint by Elisha Sanders and Elizabeth Sanders and Frances H. Armstrong and wife Sarah Armstrong.

Nancy Jennings died the month of December 1852, published Last Will & Testament in August that year. Elizabeth Sanders is her sister, but respondents do not know if Complainant Sarah Armstrong is her niece or not. Understand testate had a sister named Nelly who married Davis Lincoln and Mrs. Lincoln had several children. Do not know if she or the children are living.

Do not admit Complainants Elizabeth and Sarah are her only heirs, require proof.

Before she died, testator was old and childish and very troublesome to friends with which she lived - she bequeathed one-half of her estate to Robert Stone if living at her death, and if not to his heirs, then to support of the Gospel or Christian preachers.

Respondents were informed said Robert Stone was a nephew of her deceased husband Robert Jennings and was named for him, and that was the wish of her deceased husband.

As to bequests to Gospel and Christian preachers, that is a matter of law.

False that Respondent and Rose intended to divert money to their use. Testator was indebted to Rose for $291, services provided during her lifetime.

John H. Hamilton lived in Overton County, Tennessee.

Thos Tanksley is still insolvent, am informed he lives in Illinois.

There is a judgment against William Upchurch who was and is insolvent.

Nancy Jennings boarded with Thomas G. Rose in 1851, he charged $3 per month for four months, $12 total. She was in ordinary health.

In 1852 she boarded with him for 32 weeks, could not get up without help, a family member had to sit up with her at night. Charged $2.00 per week until she got worse, then $3 per week for 16 weeks. 3rd day of December she died. Dated 12 January 1856.

DEPOSITIONS:

Nancy Gordon age 64. Heard Nancy Jennings say Elisha Sanders and [?]Smith Armstrong would not take her. Armstrong's wife was Nancy Jennings' niece. It is my understanding there is 18 or 20 of the same [cannot read]. My understanding is that Abby Lincoln the mother of Armstrong's wife had twelve children, and I heard that from Nancy Jennings. If any has died, I do not know it. " I am related to both party in this suit about as much to on as another". Nancy [her X mark] Gordon

Nancy Carnahan, age 32. Nothing new. Nancy [her X] Carnahan

Denton More age 58. William Upchurch was a neighbor in 1852 and 1853. His family consisted of his wife and [ink blot; can't read] children... son Washington "Wash" Upchurch. /s/ Denton Moore

William G. Rose age 24. Thomas G. Rose kept Nancy Jennings in 1851, about the first of January to end of 1851. I am one of the sons of Thomas G. Rose. /s/ W. G. Rose

Willis C. Carpenter about age 40. I was living with Thomas G. Rose in 1851. He moved from the creek to the river where he now lives September 1851. Willis C. [X] Carven?

R. C. Kirkpatrick age 31. Knew Nancy Jennings many years before her death. In 1850, she said there was only one outstanding claim against her, a note given by Price Butler with Robert Jennings security... in the hands of Alexander Montgomery, and Montgomery had promised not to collect until her death.

Defendant Toliver Kirkpatrick is my brother. I am also related to Frances Armstrong and Elisha Sanders and wife. The Relation is Distant. /s/ R. C. Kirkpatrick

John T. Hall [No age]. Nothing new. /s/ John T. Hall

Lemuel G. Rose age ?46 [smear]. Cryed [sic; cried/auctioneer] the Administrator's sale of Nancy Jennings. It was fair, and no one tried to hold down prices. /s/ L. G. Rose

Mahala Smith age 44. Was at Thomas G. Rose's when Nancy lived there. She had to be washed like a child, sheets changed often. At the wash place Polly Rose was washing five sheets and some shirts that was very nasty at one time. She [Nancy Jennings] was hauled from Sugar Creek in a cart, not able to ride a horse. Mahaly [her X] Smith

Mary Hamilton, age about 60. Nothing new. /s/ Mary Hamilton

William A. Hall age 46. Believe it was four or five years between the deaths of Robert Jennings and his wife. /s/ William A. Hall

Ruben Price age 65. Am acquainted with Elizabeth Sanders, the sister of Nancy Jennings, and Sarah Armstrong, reported to be the niece of Nancy Jennings.

Elizabeth Saunders is the only living sister of Nancy Jennings. Mrs. Jennings had three sisters besides Mrs. Saunders and Mrs. Lincoln. Two of them had children, do not know if they or the children are living or dead. Two I have not seen or heard a straight account of for 40 years. Abigail Lincoln is generally reported to be the mother of F. H. Armstrong's wife.

I don't know her [Mrs. Jennings] father and mother. They died before my recollection. Mrs. Jennings and myself were cousins.

Mrs. Lincoln, the mother of Sarah Armstrong, when she left here had four or five children, and I understand others after she left. I understand Davis Lincoln moved to Indiana with his wife and family.

Nancy Jennings' brother was Thomas Campbell. I understand from Mrs. Jennings he was married, but don't know about children.

Besides Mrs. Saunders and Mrs. Lincoln, the oldest, Polly married a man by the name of Dear [or Dean]. The other Peggy married a man by the name of Hoglin. No recollection of children. Dean lived in Kentucky and Hoglin in Indiana last I heard. [Note: Name of the third sister not given - mlj]. Reubin [X] Price

Johnathan G. Smith age 27. Was somewhat acquainted with Nancy. /s/ J. G. Smith

DEPOSITIONS:

Albert Kirkpatrick age 25. Nothing new. /s/ Albert Kirkpatrick

Jefferson Roberts age 50. Nothing new. /s/ Jefferson Roberts

William Davidson age 45. Acquainted with Andrew Posten, John H. Hamilton, Asa Denton, William Poston & William Upchurch. John H. Hambleton does not live in the country. /s/ William Davidson

Holland Denton age 38, am a practicing attorney. /s/ Holland Denton

CAUSE HEARD: Bequest to Robert Stone if living is effectual, bequest to Gospel or Christian preachers ineffectual and void.

PETITION: Leroy Armstrong against White Myers, Rollins Hogan, John Bockman [or Backman]. Defendant Rollins Hogan died. John Bockman filed petition in bankruptcy... U. S. District Court in Middle Tennessee, was adjudged bankrupt. John Van Hooser was appointed assignee of said bankrupt August term 1869.

BILL OF COMPLAINT: Leroy Armstrong and Isaac Paul of Nashville, Tennessee against Rollins Hogin, John Backman and White Myers of Jackson Co.

Prior to March 1860, complainant Paul was partner in Armstrong & Co., recovered judgment against defendants 28 February 1860 for $538.42. Records destroyed by Federal soldiers.

END OF REEL #46