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
THE SEPARATE ANSWER of Samuel A. Carver to the Bill of Complaint of James M. Carver and others.
30 Oct. 1869.
. . . he admits his father, Cornelius Carver, died testate in Jackson Co. TN on the 29th day of May 1867 . . .
Respondent says that he and Joseph Carver were appointed executors but respondent renounced his appointment and Joseph Carver was appointed the sole executor on 3 June 1867.
On the sixth day of Oct. 1851, respondent bought a certain tract of land of one William Teel at the consideration of $1000. . . Respondent was unable to pay the entire consideration price. . . therefore his father, Cornelius Carver, offered and did pay said Teel $500 of said consideration . . . respondent and testator made a partition of said land, and marked out a line, running in a northerly and southerly direction across the Teel tract. Respondent says this division was never in writing, and now a survey needs to be done. He describes the improvements that he made.
In 1855, respondent concluded to remove to the State of KY. . . when respondent placed his land on the market, there were several persons who desired to purchase the same. Among others, his brother James H. Carver, whose lands adjoined those of respondent, and who was a witness to said Teel deed. Said James H. Carver procured co-defendant Joseph Carver to negotiate a purchase of said land of respondent's. Said Joseph Carver and respondent agreed upon the terms of sale. Said Joseph Carver reported to James H. Carver the terms . . . Respondent says he and James Carver went to William H. Botts to have him write the deed, which he did, copying the boundaries exactly from the Teel deed. . . By accident and mistake, the draftsman embraced the entire Teel tract. . . Respondent says the testator's half of the Teel land has been rented to George Jenkins, and these rents have been paid to the widow of James H. Carver, Elizabeth Carver, which he objects to.
Respondent soon after the execution of said deed, in pursuance of his purpose when he sold said land, removed to the State of KY and continued to reside in said State until after the commencement of the late Civil War, when he removed to Jackson Co. TN, where he has since continued to reside.
James H. Carver joined the Confederate forces, was thereafter sent to a northern prison, and there died.
The testator, Cornelius Carver, had seven sons who were living at the date of said Will, or were dead leaving issue still surviving. . .
Joseph and Samuel Carver were living--the remaining five, John Carver, Hiram Casey Carver, James H. Carver, William Carver and Raulston Carver, were dead and had issue surviving them and who survived testator.
Raulston Carver intermarried with one Louvenia Peynon/Reynon [?]. During said marriage six children were born, two of whom were reputed illegitimate, namely complainants Martha Carver and Howard Carver. The other four were legitimate, and hence this provision in said Clause [of the Will of Cornelius Carver]. "I bequeath and direct my executors to give and pay to Naomi Lambath, Rachel Wood and Elizabeth Carver, William Carver, daughters and son of Raulston Carver, deceased, $50 each out of my estate before a division takes place. These embrace all my children and grandchildren that I recognize and all that I wish to have any portion of my property or estate."
Respondent was the youngest son of testator.
/s/ Samuel A. Carver
Depositions taken: 11 April 1871.
DEPOSITION: F. M. PRICE.
About 35 years old.
/s/ F. M. Price
DEPOSITION: JAMES T. QUARLES.
About 70 years old.
THE BILL OF COMPLAINT of James W. Carver, William C. Carver, Emeline Sisco and her husband Saunders Sisco, Benjamin Carver, Isabel Carver, Mary I. Carver, Angeline Carver, Samuel L. Carver & Alexander S. Carver, the six last named minors who sue by their regular guardian John A. Dycus, citizens of Jackson Co. TN against Joseph Carver, Samuel A. Carver, Elizabeth Carver, Thomas Carver, Sallie Cassetty & her husband Alexander Cassetty, Cornelius Carver, Mary Carver, Joseph Carver, Abraham H. Hoover, Joseph R. Crabtree, Anderson Carver, Vianna Carver, Lucinda Carver, Nancy E. Carver, Elizabeth Carver, William Carver, Martha Carver & Howard Carver, citizens of Jackson Co. TN, Elizabeth Shoulders & her husband Thomas Shoulders, Rachel Wood and her husband Sampson Wood, citizens of Macon Co. TN, Nancy Carver & Ivessa Carver, citizens of the State of Kentucky, Naoma Lambath and her husband Jack Lambath, citizens of the State of Indiana, defendants.
. . . Cornelius Carver died in Jackson Co. TN on the [blank] day of May 1866 . . .
Defendants Samuel A. Carver and Joseph Carver are the only sons now living, and living at the time of the death of said Cornelius Carver. Complainants, except your Complainant Saunders Sisco who intermarried with Emeline Carver and Complainant John A. Dycus who is the regular guardian of Complainants Benjamin Carver, Isaac Carver, Mary I. Carver, Angelina Carver, Samuel L. Carver & Alexander S. Carver, are the only children and heirs at law of John S. Carver, deceased, a son of said Cornelius Carver, who died before his father. Defendants Thomas Carver, Sallie Cassetty, who intermarried with defendant Alexander Cassetty, Cornelius Carver, Mary Carver and Joseph Carver are the only children and heirs at law of James H. Carver, deceased, a son of said Cornelius Carver, who also died before his father, and defendant Elizabeth Carver is his widow and administrator of the said James H., whose children above named are all minors and have no general guardian known to your orators. Defendants Nancy E. Carver, Anderson Carver, Vianna Carver & Ivessa Carver are the children and only heirs at law of William Carver, deceased, a son of said Cornelius Carver, deceased, who died before his father, are minors and defendant Samuel A. Carver is their regular guardian. Defendants Elizabeth Shoulders who intermarried with defendant Thomas Shoulders and Lucinda Carver and Nancy Carver are the only children and heirs at law of Hiram C. Carver, deceased, a son of said Cornelius Carver, who died before his father. Defendants Naoma Lambath, who intermarried with defendant Jack Lambath, Rachel Wood, who intermarried with defendant Sampson Wood, Elizabeth Carver, William Carver, Martha Carver and Howard Carver are the only children and heirs at law of Roulston Carver, deceased, a son of said Cornelius Carver, who also died before his father. Said last named defendants, Rachel Wood, William Carver, Martha Carver and Howard Carver are minors and have no regular guardian known to you orators.
The Bill states that the executor of the estate of Cornelius Carver has failed to declare and distribute all of the funds that have come into his hands. He has also failed to sell a tract of land owned by Cornelius Carver, which is on the waters of Wartrace Creek in District No. 3 of Jackson County, and bounded on the East by the land of Elizabeth Carver, on the South by the land of John A. Dycus, on the West and Northwest by lands of A. D. Hall, Dudly Wigins [Wiggens], Virgil Lovelady & R. W. Hufhins [Huffines], containing 100 acres more or less. . .
The main dispute is about what the testator meant when he devised his home place to his two living sons and then said the remainder of his estate should be divided so as to make his sons all equal in the distribution of the estate.
Depositions taken: 22 June 1870.
DEPOSITION: THOMAS CARVER.
About 21 years old.
. . . Joseph Carver or his son Samuel S. Carver . . .
Quest. Is defendant Elizabeth Carver the widow of James H. Carver and your mother?
Ans. She is.
/s/ Thomas M. Carver
DEPOSITION: ELIZA DIXON.
About 50 years old.
/s/ Eliza Dixon
DEPOSITION: JOHN DIXON.
Aged about 53 years.
. . . Luvena Carver. . . was the wife of Rollston Carver, deceased.
/s/ John Dixon
DEPOSITION: RACHEL E. DIXON.
About 20 years old.
Quest. Tell if you are the daughter of Joseph Carver.
Ans. I am.
My brother Samuel S. Carver . . .
. . . the children of Sam A. Carver. Their names were Seth and Canzada.
/s/ R. E. Dixon
DEPOSITION: GEORGE DIXON.
About 26 years of age.
/s/ G. W. Dixon
DEPOSITION: SAMUEL S. CARVER.
About 23 years old.
I am the son of defendant Joseph Carver.
My father was in good circumstances in a property and money point of view to the time of the late war. He raised tobacco about every year up to the war. He was a good thrifty farmer and had a right smart of stock to sell--such as hogs, mules, etc. He generally raised stock of nearly all kinds. He always had money sufficient to answer his own and family's necessities. I have known him to loan small amounts of money very often. I never knew of him borrowing any money from anybody before the war. I lived with my father all the time up to the close of the late war except what little time I was in the army. I went into the [army] in the first of the year 1865 and stayed out about seven months. I can't say that he is out of debt. I know that he don't owe much. I never knew of his owing much. He has owned and lived on a good farm from the first of my recollection up to the present time. He is now in good circumstances and if he is in debt any I don't know it.
/s/ Samuel S. Carver
DEPOSITION: WILLIAM WOOD.
About 33 years old.
/s/ W. J. Wood
DEPOSITION: JAMES M. CARVER.
About 26 years old.
I am a son of the defendant Joe Carver.
I lived with my father until after the late war except what time I was out in the war which was about three years but was frequently at home on a visit during that time. I lived with my father the first year after the war and about seven miles from him the second year and since that time I have lived near him--father lived something near a mile from grandfather up to the death of my grandfather.
/s/ James M. Carver
DEPOSITION: SARAH CARVER.
Cornelius was diseased with palsy at that time [1866] and I understood had been for several years before his death and could not well wait upon himself.
/s/ Sallie V. Carver
DEPOSITION: AMANDA CARVER.
20 years old.
Quest. What is your relationship to defendant Joseph Carver?
Ans. I am his daughter in law.
/s/ Amanda Carver
DEPOSITION: WILLIAM T. VITCH [VEATCH]
About 29 years old.
[I] lived about three or four miles from [Cornelius Carver] up to the time of his death.
[Cornelius Carver] was wealthy before his property got destroyed in the war and [had] a good deal of property since.
/s/ W. T. Veatch
DEPOSITION: G. W. VITCH [VEATCH]
About 67 years old.
[I] have been acquainted with Joe [Carver] about 30 years.
I was intimately acquainted with Cornelius Carver for about 30 years before he died, and lived within four or five miles of him a portion of the time and in from 2 1/2 to 3 miles the balance of the time. I did have a conversation with Cornelius Carver in 1865 in the presence of my son W. T. Veatch in which he said that the Soldiers had taken off his stock, fed out his corn, and eat up and destroyed his bacon, that his negroes had been freed and that he was pretty well broken up.
I have frequently acted as commissioner to assess the taxable property of said District . . .
I am acquainted with the complainant James W. Carver and heard his father say in his lifetime that his name was James Waid and he says himself that his name is James Waid.
/s/ G. W. Veatch
Deposition taken: 19 Sept. 1874.
DEPOSITION: W. H. BOTTS.
[I] reside in Barren County, Kentucky. Age 50 years.
/s/ W.H. Botts
Note: this is a new folder, but it actually is a continuation of the above case.
Depositions taken: 10 July 1871.
DEPOSITION: MARY A. HOOVER.
Aged 25 years.
Milton Carver . . . his youngest sister, Carey Carver. . .
. . . my sister Sallie, the wife of Milton Carver. . .
Elizabeth Dixon . . . is dead.
He [Joe Carver] was going to his son in law Will [?] Clark's. He, Clark, lived on Jennings Creek at the time.
I did live at the house of Joseph Carver at the time. I reckon I lived there about five months. . . I did get mad with him and left there.
Milton Carver had married the only sister I had.
Mary A. Hoover [her mark]
DEPOSITION: SETH H. CARVER.
Aged 19 years.
Quest. State if you are the son of Samuel A. Carver . . .
Ans. I am.
/s/ Seth H. Carver
DEPOSITION: CANSADA CARVER.
Aged 16 years.
Quest. State whether you are a daughter of Samuel A. Carver and Mary E. Carver.
Ans. I am.
Cansady Carver [her mark]
DEPOSITION: ISAAC CARVER.
Aged 21 years.
Isaac Carver [his mark]
DEPOSITION: ELIZABETH CARVER.
Aged 50 years.
Quest. State whether or not you are the widow of James H. Carver, deceased, and daughter in law of Cornelius Carver, deceased.
Ans. I am.
[Cornelius Carver] died the 29 of May 1868, as well as I now remember.
Elizabeth Carver [her mark]
Depositions taken: 11 July 1871.
DEPOSITION: JOHN S. BRYANT.
I know [Ben] Carver and have known him for some ten or twelve years. He came out of the army in the fall of the year 1865. We belonged to the United States Army. I think he was stationed the most of the time at Carthage in Smith Co. TN.
/s/ Jno. S. Bryant
DEPOSITION: JAMES W. CARVER.
Aged 26 years.
I am a grandson of Cornelius Carver and nephew of Joseph Carver . . .
. . . my brother William.
/s/ James W. Carver
DEPOSITION: ELLY DYCUS.
Aged 60 years.
/s/ Elly Dycus
DEPOSITION: WM. DYCUS.
Aged 70 years.
Cornelius Carver told me that he got uneasy about keeping his money at home after his daughter died . . .
I knew Cornelius Carver about 50 years before he died. I lived within four or five miles of him the most of the time before he died.
/s/ William Dycus
DEPOSITION: JOHN A RAY.
Aged 66 years.
I knew Cornelius Carver ever since we were schoolboys together until his death. I lived in about one mile or upwards of him when he died and had lived in that distance ever since the fall of 1839. . .
I don't know how many negroes [Cornelius] Carver owned at the time of the commencement of said war--I knew of his buying a family of negroes--I think a woman and three children--but don't remember the date of said purchase, nor what he gave for them--I also knew of his buying a negro man from Joshua Draper but don't remember the date of that purchase. I think he gave $600 or the rise [?] for him and it might have been $800. In 1841 or 1842 I sold a lot of negroes in Gainesboro and he bought two of them and gave I think $800 for them. I think in 1847 or 1848 he bought a woman and child from his mother in law's estate but I don't remember what he gave for them. I have no recollection of his buying any after that.
Cornelius Carver's children and myself are first cousins and William C. Carver, one of the complainants, married my daughter.
/s/ John A. Ray
DEPOSITION: JOHN S. RAY.
/s/ John S. Ray
DEPOSITION: GEORGE W. JENKINS.
Aged 40 years.
I know that part of the land above referred to that was said to have been taken by Cornelius Carver in the division of land between him and Samuel A. Carver. I moved on said land in March 1867 and have been living there every since. I rented said land from Cornelius Carver for the year 1867 and was to build a house on it for the consideration of the rent and did build it according to contract.
I paid rent for [said] land for the year 1868 and since that time to Elizabeth Carver.
Alex Cassetty had been living on said land a short time before I went on it. Rollston H. Carver did live on said land in 1861, but I don't know how long he lived on it. William Richardson did live on said land in 1856 or 1857. Richardson is now dead.
/s/ G. W. Jinkins
DEPOSITION: ELAM RUSSEL.
Aged 37 years.
/s/ Elam Russell
DEPOSITION: ALEXANDER CASSETTY.
Aged 23 years.
I contracted for the land [owned by Cornelius Carver] in 1866 and went on it in the fall of the same year and remained upon it about two months. The reason that I left it, my house got burned up. I did marry the daughter of said Elizabeth Carver [the widow of James H. Carver]. I have been married nearly five years, and lived with Elizabeth the first year after my marriage and now live in about one quarter mile of her.
Alex Cassetty [his mark]
Depositions taken: 11 April 1870.
DEPOSITION: LEAH MC KINNIS.
Aged 65 years.
Leah McKinnis [his mark]
DEPOSITION: WM. R. CARVER.
58 years old.
I think he [Cornelius Carver] was about 74 years old when he died.
/s/ W. R. Carver
DEPOSITION: D. WIGINS.
Aged 55 years.
Said land does not join mine but it joins or nearly joins a tract that I have recently bought of Virgil Lovelady.
/s/ Dudley Wiggins
DEPOSITION: RILEY W. HUFHINES [HUFFINES].
Aged 45 years.
/s/ Riley W. Hufhines
DEPOSITION: WILLIAM WADE DONOHO.
Aged 30 years.
Leroy Dycus was at that time [1868] and still is hard of hearing.
Quest. State if you know where Neal Carver, son of S. A. Carver, now lives.
Ans. I don't know of my own knowledge but I understand he lives in the State of Indiana.
William Wade Donoho [his mark]
DEPOSITION: LEROY DYCUS.
Aged 42 years.
Leroy Dycus [his mark]
DEPOSITION: A. M. FERGUSON.
/s/ A. M. Ferguson
DEPOSITION: MILES W. HUDDLESTON.
Miles W. Huddleston [his mark]
DEPOSITION: MARY E. CARVER.
Aged 40 years.
I received upwards of $250 in cash from my father's estate in the year 1865 or 1866. I think it was 1866.
Quest. State if you are the wife of Samuel A. Carver. . .
Ans. I am.
Depositions taken: 13 March 1872.
DEPOSITION: SAMUEL S. CARVER.
About 23 years old.
Quest. State if you are the son of defendant Joe Carver.
Ans. I am.
/s/ Samuel S. Carver
DEPOSITION: MILTON CARVER.
About 28 years old.
Quest. State if you are the son of the defendant Joseph Carver.
Ans. I am.
/s/ James M. Carver
THE BILL OF COMPLAINT OF John P. Murray against Elizabeth Carver, Alexander Cassetty and his wife Sally Cassetty, Cornelius Carver, Jr., Thomas Carver and Mary Carver, Joseph Carver Martin K. Witcher, Thomas J. Gailbreath, all of Jackson Co. TN.
No date.
John P. Murray says he sold a tract of land lying on the east fork of Wartrace Creek to James H. Carver for $175, due by note dated 25 Nov. 1859, which has never been paid.
. . . James H. Carver departed this life some two years ago at Rock Island in Illinois.
. . . the said Witcher pretends to have purchased the land from the said Carver in his lifetime. . .
[This is a new folder, but is again the same case as is in the previous two folders. -bp.]
Depositions taken: 9 May 1870.
DEPOSITION: JOHN M. WOMMACK.
Aged 36 years.
. . . a student at my school. It is from one and a half to two miles from my schoolhouse to Highland.
I have some acquaintance with a son of Sam'l A. Carver who left the county since the 13th of Dec. 1869. He went to school to me. He signed his name C. H. Carver but goes by the name of and is called Hack Carver.
/s/ John M. Womack
DEPOSITION: W. C. KENEDY.
About 39 years old.
/s/ W. C. Kennedy
DEPOSITION: THOMAS J. RUSSEL
About 47 years of age.
I was Deputy PostMaster at Bagdad TN on the 11th of March 1870.
/s/ T. J. Russell
DEPOSITION: ADAM S. HUFHINES [HUFFINES].
About 50 years old.
I was Deputy Post Master at Highland, Jackson Co. TN under Jeremiah Ray, Post Master, about the 11th of March last and since that time.
/s/ A. S. Hufhines
DEPOSITION: NEAL CARVER.
About 17 years old.
I am a son of the widow Elizabeth Carver and James H. Carver, deceased.
/s/ Cornelius Carver
Depositions taken: 12 Sept. 1870.
DEPOSITION: JOSEPH DAVENPORT.
Aged 52 years.
I was acquainted with Cornelius Carver about 40 or 50 years before his death.
/s/ Joseph Davenport.
DEPOSITION: JAMES M. LEE.
Aged 48 years.
/s/ Jaes M. Lee
DEPOSITION: WILLIAM HUNTER.
/s/ William Hunter
DEPOSITION: SAMUEL G. SLAUGHTER.
Aged 50 years.
I did carry on a tan yard during the lifetime of Cornelius Carver. . .
There was one side of leather at my tan yard belonging to Cornelius Carver at the time of his death.
/s/ Samuel G. Slaughter
DEPOSITION: JOEL RICHARDSON.
Aged 51 years.
/s/ Joel Richardson
DEPOSITION: JAMES RAY.
Aged 51 years.
/s/ James Ray
DEPOSITION: CORNELIUS CARVER.
Aged 17 years.
. . . Samuel A. Carver's wife . . . said Elizabeth Carver. She is now the wife of George W. Dixon.
/s/ Cornelius Carver
DEPOSITION: JOHN A. DYCUS.
Aged 42 years.
/s/ John A. Dycus
DEPOSITION: WILLIAM D. DYCUS.
Aged 49 years.
I don't remember exactly what year Rollston H. Carver moved back upon said land, but I think it was in the year 1861. I don't know by whose permission Roll went back on said land. His family lived upon the land about two years before his death, he having gone into the war. His widow lived upon said land some two years after he was captured and carried off and until the first of the year 1866.
/s/ Wm. D. Dycus
Depositions taken: 5 July 1871.
DEPOSITION: JAMES G. CUNNINGHAM.
About 60 years old.
I was acquainted with [Cornelius Carver] and was from boyhood for the last 40 years.
. . . defendant Joseph Carver. Myself and him are first cousins and we are brothers in law.
/s/ J. G. Cunningham
DEPOSITION: LEONIDAS RAY.
. . . my brother Jerry Ray . . .
/s/ Leonidas Ray
DEPOSITION: L. D. CASSETTY.
About 50 years old.
L. D. Cassetty [his mark]
Depositions taken: 6 July 1871
DEPOSITION: ISAAC WILLIAMS.
53 years old.
Isaac Williams [his mark]
DEPOSITION: NAOMA CLARK.
24 years old.
Quest. You will state whether or not you are the daughter of the defendant Joseph Carver and granddaughter of Cornelius Carver, deceased.
Ans. I am.
/s/ Naomi Carver
DEPOSITION: DANIEL CLARK.
I am the son in law of defendant Joseph Carver.
/s/ D. H. Clarke
PETITION OF JOSEPH CARVER.
17 Aug. 1875.
. . . [Joseph Davenport] departed this life intestate . . . his death on the 5th day of June 1875 and Elizabeth Davenport, the widow of said deceased. . .
. . . Martin Davenport, a son of [the widow Elizabeth]. . .
Depositions taken: 10 Nov. 1870.
Note: a large part of the following depositions, and the preceding depositions, were concerned with establishing whether the statements of Samuel A. Carver could be believed. The general consensus seems to be that he is a teller of tall tales. -bp.
DEPOSITION: BENJAMIN CARVER.
Aged 21 years.
Benjamin Carver [his mark]
DEPOSITION: JAMES CASSITTY.
About 25 years old.
Little Bill Carver, son of Doctor Carver . . .
James Cassetty [his mark]
DEPOSITION: S. BRISON CRABTREE.
About 22 years old.
/s/ S. B. Crabtree
DEPOSITION: W. B. CRABTREE.
About 22 years old.
/s/ W. B. Crabtree
Depositions taken: 28 July 1871.
DEPOSITION: THOMAS BRYANT.
Aged 58 years.
/s/ Thos. Bryant
DEPOSITION: R. S. WIGGENS.
Aged 22 years.
/s/ R. S. Wiggens
DEPOSITION: R. A. KIRBY.
Aged 39 years.
R. A. Kirby [his mark]
DEPOSITION: JACOB SISCO.
Aged 42 years.
Jacob Sisco [his mark]
DEPOSITION: WM. A. HALL.
Aged 80 years.
/s/ W. A. Hall.
DEPOSITION: SAMPSON A. CASSETTY.
Aged 48 years.
S. A. Cassetty [his mark]
DEPOSITION: A. D. HALL.
Aged 52 years.
/s/ A. D. Hall
DEPOSITION: WILLIAM A. DYCUS.
Aged 24 years.
I was in Illinois from Feb. 1865 till Sept. 1870. . .
/s/ Wm. A. Dycus
DEPOSITION: SHEP MC CLELIN.
Aged 33 years.
/s/ S. T. McClelin
ORDER TO THE SHERIFF.
6 Aug. 1879.
. . . the death of Joseph Carver was suggested and admitted . . .
THE SEPARATE ANSWER of Maunce G. Butler, Guardian ad litem to James N. Carver, Parasetta Carver, Jasper Carver, Douglas Carver, and Charley Carver, minor children and heirs at law of Samuel A. Carver, deceased, to the Bill of Complaint of James W. Carver and others . . .
29 May 1875.
. . . the father of his wards, to wit, Samuel A. Carver, is also dead.
Deposition taken: 13 Dec. 1869.
DEPOSITION: CORNELIUS CARVER.
He [Cornelius Carver] was generally clothed in homespun clothing.
I have been preparing to leave this State and have set the 15th of this month to start to Indiana and expect to leave at that time and am going there to live if I like it.
/s/ C. H. Carver
DECREE.
. . . written compromise of the parties . . .Joseph Carver shall be charged $500 plus interest, which money shall go into the funds of the estate of Cornelius Carver . . . along with the remainder of the estate now in his hands, shall be distributed. . . Joseph Carver shall pay all the costs of this suit, half out of his own money and half out of the funds of the estate . . . the land in the possession of Elizabeth Carver will be left with her, but she must pay the costs of the litigation surrounding this tract of land. . .
Deposition taken: 7 Feb. 1877, for the case of Rufus H. Huffines et. al. vs. W. L. Stubblefield & others.
DEPOSITION: JOSEPH CARVER.
/s/ Joseph Carver
THE JOINT AND SEPARATE ANSWER of A. M. Fergerson [&] Martha A. Carver to the Bill of Complaint of James W. Carver.
3 Sept. 1890.
. . . the land to which they now claim has been alone claimed by them and has been recognized as their true boundary for more than fifty years. The line claimed by your respondent is the true line and has been established and recognized for more than a half of a century. . .
Daniel Huffhines [Huffines] in his lifetime while he owned the land now owned by the complainant made a deed to the Methodist Church recognizing the land as claimed by these respondents. He, Daniel Huffhines, pointed out the line to respondent A. M. Furgerson before he, respondent, bought it . . .
Respondent M. A. Carver claims the land under and regular connected conveyance [sic] from Shelby Harley to her. The Shelby Harley Grant is the oldest and best title in the country. The land was granted to Shelby Harley long before Tennessee was organized as a State. Her father, John Ray, purchased said land of Raulston Ray who held and owned the Shelby Harley title to said land.
They say the complainant's plea of poverty and of being unable to bear the costs of the suit is fraudulent, that the complainant conveyed all of his personal property to his son shortly before bringing this suit.
THE BILL OF COMPLAINT of James W. Carver against Martha A. Carver & A. M. Furguson, all of Jackson Co. Tennessee.
11 Aug. 1890.
[James W. Carver] claims a tract of land in the 3rd Civil District of Jackson Co. TN, where he now lives and known as the Daniel Huffhines old tract or homestead on Wartrace Creek. . .conditional line made between Peter and Adam Teel . . . a corner between your orator and S. R. Wood . . . the store house now occupied by Ferguson and Bryant . . . Samuel Hanner old tract . . . containing by estimate 75 acres, more or less. . . on the first day of August 1889, the defendants entered on portions of said land and ejected the complainant. . .
Your orator claims that Adam Teel was the Grantee of said land, by him it was a great many years ago conveyed to Peter Teel and by him in the year 1839 conveyed to Daniel Huffhines, by him afterwards conveyed to George A. Huffhines, by him afterwards conveyed to Wm. H. Botts, [thence] to your orator.
ARBITRATOR'S REPORT.
5 Jan. 1891
The dividing line in the dispute is described as the arbitrators think it should be.
The arbitrators think that defendants A. M. Furguson and M. A. Carver should pay all costs.
THE BILL OF COMPLAINT of James W. Carver against Daniel H. Hufhines, both of Jackson Co. TN.
23 Dec. 1871.
. . . he and defendant built a gristmill in Jackson Co. on Wartrace Creek in partnership in the year 1869 . . .
The defendant is refusing to pay the complainant his share of the proceeds. Also there is a dispute about sharing of costs.
The complainant asks, among other things, that the Clerk and Master be made the receiver of the mill and rent it out.
MORTGAGE DEED.
4 Sept. 1865.
Daniel H. Huffines sold to Harvey H. Draper for $1.00 to me paid, the other consideration hereinafter mentioned, certain tracts of land in the State of TN, Jackson County in District No. 2 on the waters of Indian Creek lying on a branch called the Hammon Branch adjoining the lands of Andrew Mosley on the north, also bounded by the lands of Samuel Sloan on the east, on the south by lands of Andrew Cowen, bounded on the west by the land of Thomas Bryant and others, being all the land that the said Daniel Huffines owns in the said county which includes the house and farm where the said Daniel H. Huffines now lives, supposed to contain 200 acres.
But this deed is made for the following use of said tract and for no other purpose, that is to say I am indebted to one James W. Draper, due by Notes, one note executed to A. S.[?] Huffines . . . note is endorsed to James W. Draper. . . also one other note executed to Jincey Huffines . . . endorsed to James W. Draper . . . one other note . . . to Nancy Sloan . . . now in the hands of James W. Draper. . . also one other note . . . to S. H. White . . . now in the hands of James W. Draper.
If he is unable to pay these notes by 1 March 1866, Harvey H. Draper may sell said tract of land.
Daniel H. Hufhines [his mark]
Depositions taken: 15 April 1873.
DEPOSITION: ANDREW MOSELY.
36 years of age.
I did purchase the land . . . of D. H. Hufhines and paid him $200 in hand. I paid the money to James W. Draper.
We did rescind the land trade afterwards, and J. W. Carver paid me $200 in the compromise between me and Daniel Hufhines and paid the money for Hufhines [as the result of another suit -bp.]
He paid me the money . . . in the fall of 1869.
Hufhines said that J. W. Carver had paid him about $80 on the land besides the $200 paid to James W. Draper.
/s/ Andrew Mosley
DEPOSITION: J. W. CARVER.
Aged 27 years.
/s/ James W. Carver
THE BILL OF COMPLAINT of James W. Carver, a citizen of Jackson Co. TN against Daniel H. Hufhines [Huffines], James W. Draper, Joannah I. Hufhines, Thomas W. Hufhines & Harvey H. Draper & Andrew Mosely, citizens of Jackson Co. TN, Hariett F. Upton and her husband Joseph Upton, Amanda E. Hufhines & Daniel A. Hufhines, citizens of the State of Illinois.
22 Aug. 1872.
This bill describes the complex financial dealings regarding the land described in the above mortgage deed. It does not tell the relationship of the defendants, it only says that they are involved in a suit that that has gone to the TN Supreme Court that somehow includes this land. -bp.
Your orator being a son in law of defendant Hufhines . . .
/s/ James W. Carver
There are very few documents about this case.
It seems to be about trespass and damages. -bp.
Depositions taken: 2 July 1902.
DEPOSITION: BIRDIE CARVER.
Aged 20 years.
I am his [J. W. Carver's] daughter.
/s/ Birdie Carver
DEPOSITION: SARAH E. CARVER.
Quest. Are you the wife of plaintiff J. W. Carver?
Ans. Yes, Sir.
Sarah Carver [her mark]
DEPOSITION: WM. BRASWELL.
I am 57 years old and live near Dycus TN.
. . . [my] son Ambrose Braswell . . .
William Braswell [his mark]
DEPOSITION: AMBROSE BRASWELL
I am 19 years old.
Ambrose Braswell [his mark]
DEPOSITION: MRS. ELZIE BRASWELL.
I live near Dycus TN.
[I am] the wife of Wm. Braswell.
Elsie Brazwell [her mark]
DEPOSITION: BART BLANKENSHIP.
Me and my brother Eblee . . .
/s/ Bart Blankenship
This case is about a horse that was sold with apparently difficulty seeing. -bp.
Deposition taken: 12 Sept. 1877.
DEPOSITION: J. W. CARVER.
Aged 32 years.
/s/ J. W. Carver
DECREE.
Jas. W. Carver, Admr. vs. Emeline Sisco and her husband Sanders Sisco, William C. Carver, Benjamin Carver, Isaac Carver, Mary I. Huffhines and her husband Wm. H. Huffhines, Angeline Dixon and her husband Robert S. Dixon, Samuel L. Carver, Alexander S. Carver, Samuel A. Carver, Joseph Davenport, Jeremiah Ray and Robert A. Cox and John A. Dycus.
. . . answer of defendants Isaac Carver, Samuel A. Carver, Alexander S. Carver, Mary I. Hufhines & Angeline Dixon by defendant John A. Dycus, their regular guardian . . .
John S. Carver died intestate in Jackson County on the 28th day of April 1865, leaving complainant Jas. W. Carver and defendants Emeline Sisco, William C. Carver, Benjamin Carver, Isaac Carver, Mary I. Hufhines, Angeline Dixon, Samuel L. Carver, Alexander S. Carver his only children and heirs at law.
. . . defendant Jeremiah Ray was by the County Court of Jackson Co. appointed Administrator of the estate of said John S. Carver, deceased, on the 2 day of Oct. 1865 with defendants Samuel A. Carver and Joseph Davenport his securities . . .
The death of each of said securities has been suggested and proven since the commencement of this suit.
. . . Jeremiah Ray was by the County Court of Jackson Co. on the 2 day of July 1867 divested [?] of his trust as such administrator and removed as such and that complainant by said County Court was appointed Administrator debonis non . . .
. . . the estate is insolvent . . . [greatly indebted].
The decree says that the administrator must pay the debts owed by the estate before any distributions can be made.
Depositions taken: 30 April 1845.
DEPOSITION: ANDREW MC CLELAN.
Aged about 40 years.
/s/ Andrew Mc Clellan
DEPOSITION: WILLIAM JONES.
Aged about 42 years.
/s/ Wm. H. Jones
Depositions taken: 1 May 1845.
DEPOSITION: JOHN S. CARVER.
About the age of 28.
/s/ John S. Carver
DEPOSITION: JANE CARVER.
Aged about 24 years.
/s/ Jane Carver
DEPOSITION: CORNELIUS CARVER.
Aged about 54 years.
/s/ Cornelius Carver
DEPOSITION: HIRAM C. CARVER.
Aged about 26.
/s/ Hiram C. Carver
DEPOSITION: JAMES H. CARVER.
Aged about 24.
/s/ James H. Carver
DEPOSITION: ROULSTON CARVER.
Aged about 22 years.
/s/ Roulston Carver
DEPOSITION: ICHABOD YOUNG.
Aged about 35 years.
Quest. Did you, as a Justice of the Peace for Macon County . . .
Ans. I did.
/s/ Ichabod Young
DEPOSITION: PLEASANT G. KEARBY [KIRBY].
Aged about 38.
/s/ P. G. Kearby
Depositions taken: 26 April 1845 at Macon Co. TN.
DEPOSITION: WILLIAM DYCUS.
About the age of 45.
/s/ William Dycus
DEPOSITION: WESLEY W. JONES.
About the age of 52 years.
/s/ W. W. Jones
DEPOSITION: WILLIAM CARVER.
About the age of 34 years.
/s/ William P. Carver
DEPOSITION: ELI CARVER.
About the age of 28 years.
/s/ Eli Carver
Depositions taken: 28 April 1845 at Smith Co. TN.
DEPOSITION: JOHN DONOHO.
About the age of 41 years.
/s/ John Donoho
THE BILL OF COMPLAINT OF JOHN CARVER of Macon Co. TN against Joseph Carver of Jackson Co. TN.
16 Aug. 1844.
This Bill charges Joseph Carver of usury, saying that he charged 10% interest when 6% was the legal limit. -bp.
/s/ John Carver
THE JOINT AND SEPARATE ANSWER of Joseph Davenport, Martin Davenport, Miles M. Davenport and Elias Davenport to the Bill of Complaint of Joseph Carver.
4 April 1874.
Respondent Joseph Davenport states that there was some negotiation between the said Joseph Carver and the said Joseph Davenport, but denies that anything in relation to said negotiation was ever consummated.
. . . said land was . . . unoccupied till a few years ago, when the said Joseph Carver caused to be built on said land a Spring House, but said Spring House was put there with the consent of the said Joseph Davenport. . .
Respondents Martin Davenport, Miles M. Davenport and Elias Davenport admit that they have cut timber off of said lands but it was through and by permission and under the direction of Respondent Joseph Davenport, who owns the land . . .
ORDER.
Oct. Term 1874.
. . . the death of the defendant Joseph Davenport was suggested and proven . . .
. . . Thomas McCaughan and his wife are nonresidents of the State of Tennessee . . .
THE BILL OF COMPLAINT of Joseph Carver of Jackson Co. TN against Joseph Davenport, Martin Davenport, Miles Davenport and Elias Davenport, all of same residence as complainant.
20 Nov. 1872.
. . . the complainant was possessed of and claiming by purchase on the first day of Jan. 1847 a certain tract or parcel of land lying on the waters of Wartrace Creek of Cumberland River in Jackson Co. TN, beginning . . . southwest corner of Joseph Davenport's original tract where he now lives . . . containing 20 acres, more or less.
THE BILL OF COMPLAINT of James D. Bennatt, a citizen of Macon Co. TN vs. M. G. Butler and H. W. Williams of Jackson Co. TN and S. S. Carver, Administrator of Joe Carver, deceased of Smith Co. TN and M. A. C. Williams and T. G. Williams of Jackson Co. TN.
29 Sept. 1881.
. . . on [blank] day of Sept. 1874 [your orator] was appointed, bonded and qualified as receiver in the case of James Eaton & wife et. als. vs. James W. Lock et. als. . .
James Eaton is dead and his estate is hopelessly insolvent.
M. A. C. Eaton, who has since married Thomas J. Williams, is hopelessly insolvent and has no property.
ACCOUNT DUE.
Joseph Carver, deceased.
In account with W. C. Kennedy & Son.
1877, Oct. 3.
10 yds. of Black Domestic 15, $1.50
1 pair of gloves, $0.45
1 gray cashmere coat, $4.24
1 pair of pants, $3.50
1 yd. of Smith magilen [?], $0.35
1 spool of thread, $0.05
Total = $10.10
THE SEPARATE ANSWER OF MILTON H. DRAPER to the Bill of Complaint of Martha Carver filed against him . . . on the 21st day of Jan. 1892.
1 Feb. 1892.
It is true that Complainant is the widow and relict of Joseph Carver, deceased.
. . . she leased [her homestead and dower] to this respondent on the 2nd day of Aug. 1880 . . . The respondent says that she knew full well what was in the contract, including that it was to continue during her lifetime, and at her death to become his property. -bp.
. . . respondent is her son in law. . .
It is true that the mansion house and outhouses, barns and etc. where Joseph Carver died . . . are burned. It was burned without fault on the part of the respondent but was the result of Complainant's own carelessness.
He says that there is enough timber left on the property to rebuild the houses and repair the place. He also says the farm is now in much better repair than when he took charge of it. -bp.
Depositions taken: 11 Oct. 1894.
DEPOSITION: MRS. TAMMA ROBINSON.
I am her [Mrs. Martha Carver's] granddaughter.
Quest. Are you a daughter of Dr. V. M. Clark?
Ans. Yes, Sir.
Quest. Did you have a sister to die at your father's house in Dec. last, if so, what day did she die?
Ans. Yes, Sir. She died the 15th day of last Dec.
She was sick all the fall . . .
/s/ Tamma Robinson
DEPOSITION: MISS OCTA CLARK.
Quest. Are you a daughter of Dr. V. M. Clark and granddaughter of defendant Mrs. Martha Carver?
Ans. Yes, Sir.
/s/ Ocita Clark
DEPOSITION: MISS ALETHIA HOLEMAN.
/s/ Alethia Holleman
DEPOSITION: LUCY CANTER.
Lucy Canter [her mark]
DEPOSITION: MRS. SINA A. HOLLEMAN.
I am very well acquainted with Mrs. Carver--have known her since I was a child.
/s/ S. A. Holloman
DEPOSITION: ELIZA MORELAND.
My age is 47. Live in Smith County.
Eliza Moreland [her mark]
DEPOSITION: JAMES A. MOORELAND.
68 years of age.
I have known her [Martha Carver] 40 years.
James Moreland [his mark]
DEPOSITION: F. D. CLARK.
F. D. Clark [his mark]
DEPOSITION: W. G. WILLIAMS.
I am 21 years old and reside at Bagdad TN.
/s/ W. G. Williams
DEPOSITION: MRS. MARTHA CARVER.
69 years of age.
/s/ Martha Carver
DEPOSITION: DR. V. M. CLARK.
I did marry her [Martha Carver's] daughter. . .
Quest. Did your daughter, Lou H. Clark, die last winter, if so, when?
Ans. She died last winter, on the 15th day of Dec. about 5 o'clock A. M.
/s/ Dr. V. M. Clark
DEPOSITION: J. M. CARVER.
49 years of age.
Quest. Are you a son of Mrs. [Martha] Carver?
Ans. Yes, Sir.
. . .[in Dec. last] I lived in the 4th District on Jennings Creek and live there now.
She [Martha Carver] lived at my house.
/s/ J. M. Carver
DEPOSITION: N. H. DONOHO.
About 41 years of age.
/s/ N. H. Donoho
DEPOSITION: A. R. DRAPER.
33 years of age.
I am second cousin to M. H. Draper.
/s/ A. R. Draper
DEPOSITION: ELIJAH ROBINSON.
24 years of age.
Quest. Did you marry a granddaughter of Mrs. Martha Carver?
Ans. Yes, sir.
/s/ Elijah Robinson
Depositions taken: no date.
DEPOSITION: S. S. CARVER.
Quest. Are you a son of Martha Carver?
Ans. Yes, Sir.
The main dwelling was burned during the time Mr. Draper and Martha Carver (my mother) was living there together.
Mr. Draper married my sister and she is dead.
/s/ S. S. Carver
DEPOSITION: HUGH CLARK.
I am 25 years old and a farmer by occupation.
I do not own land. I live on A. G. Keith's land.
I was born in the year 1870.
/s/ Hugh Clarke
Depositions taken: 22 Aug. 1893.
DEPOSITION: CARRIE C. DRAPER.
Quest. Are you the wife of defendant.
Ans. Yes, Sir.
Quest. . . your brother J. M. (Milt) Carver . . .
/s/ Carie Draper
DEPOSITION: M. H. DRAPER.
Wade Draper is [my] brother.
/s/ M. H. Draper
Deposition taken: 3 June 1893.
DEPOSITION: J. N. MC CAIN.
/s/ J. N. McCain
Depositions taken: 2 Aug. 1892.
DEPOSITION: S. S. CARVER.
Complainant is my mother. The defendant is my brother in law. I have known defendant ever since I was a boy. I am 45 years old.
Quest. What relation is Hyram Crabtree. . . to your mother?
Ans. He is her nephew, a brother's son.
[I] was born and raised on said lands and premises [in dispute].
/s/ S. S. Carver
DEPOSITION: M. V. WOOD.
/s/ M. V. Wood
Depositions taken: no date.
DEPOSITION: M. H. DRAPER.
My age is 41 years.
/s/ M. H. Draper
DEPOSITION: ELICK [ALEX] COX.
I am 39 years old nearly. Farming is my occupation.
/s/ A. M. Cox
DEPOSITION: W. M. CARVER.
I am 52 years old--live in two miles of the land. Have lived there 35 or 40 years--handle tobacco and farm.
/s/ W. M. Carver
DEPOSITION: S. S. HALL.
I am 46 years old. Occupation farmer and shoemaker. I live in half mile of the land involved in this suit. Have lived there about 15 years.
/s/ S. S. Hall
DECREE.
23 Sept. 1893.
. . . the true contract between them was that complainant rented him dower and homestead mentioned in her bill to the defendant M. H. Draper for the period of five years only. . .
. . . decreed . . . that complainant be restored to the possession of her homestead and dower. . .
Appeal to the TN Supreme Court granted.
Depositions taken: 9 Sept. 1893. Most of these merely attested to the character of some of the witnesses.
DEPOSITION: W. T. CROWDER.
Age 27 years, live in Jackson Co.
Jim Williams, the brother of Tom Williams the hotelkeeper [unreadable] was his father. [This sentence is scrambled and difficult to read. It might have a different meaning. -bp.]
[Jim Williams brought a valise of clothes from Missouri].
/s/ W. T. Crowder [his mark]
DEPOSITION: TAYLOR GAINES.
/s/ Tayor Gaines
DEPOSITION: J. C. GAINES.
/s/ J. C. Gaines
DEPOSITION: H. A. CRABTREE.
/s/ H. A. Crabtree
DEPOSITION: S. G. B. ALLEN.
S. G. B. Allen [his mark]
DEPOSITION: JOSEPH HICKS.
/s/ Joseph Hicks
DEPOSITION: Z. T. KEELING.
/s/ Z. T. Keeling
DEPOSITION: JOSEPH MC CAULAY.
/s/ J. H. McCawley
DEPOSITION: J. P. MC CAULEY
/s/ J. P. McCawley
DEPOSITION: P. H. PAINTER.
/s/ P. H. Painter
DEPOSITION: W. T. CROWDER, CROSS EXAMINATION.
Aged 27 years.
[I live] on Jennings Creek on Milt Carver's place.
Quest. Where have you lived during the last six or seven years?
Ans. I have lived on Jennings Creek from Will Holcumb's up to Milt Carver's.
Quest. When did you move to Texas and when did you come back?
Ans. I never went to Texas. I went to Missouri, and it has been about nine years since I came back.
Deposition taken: 18 Sept. 1897 at the residence of M. J. Huffines in Logan Co. TN.
DEPOSITION: ALICE HUFFINES.
Aged 29 years.
Alice Huffines [her mark]
Deposition taken: 30 June 1894 at the residence of S. S. Hufhines in Jackson Co. TN.
DEPOSITION: SARAH ALICE HUFHINES [HUFFINES].
I am 23 years old. I live in Jackson Co. TN.
[My maiden name was] Davenport.
Quest. Did you live at Martha Carver's at the time that M. H. Draper rented or leased the land of Martha Carver?
Ans. Yes, Sir.
Sarah Alice Hufhines [her mark]
COMPROMISE.
3 May 1880.
Defendants M. H. Draper and V. M. Clark agree that the sale of the lands mentioned in the pleadings in this cause and purchased by them at the price of $3100.00 be set aside and complainants in the Cross Bill all agree that the Cross Bill be dismissed.
It is further agreed by all the parties that the present year rent be paid to the heirs of Joseph Carver, share and share alike, and the defendant, M. H. Draper agrees to pay for the lands mentioned and described in the pleadings the sum of $3900.00 . . . The cost of said Cross Bill will be paid out of the estate of Joseph Carver and we the parties further agree that said M. H. Draper have said land at the price herein mentioned of $3900.00 and hereby authorize the Clerk and Master to proceed to sell said land under the original Bill, the bidding to open at the offer herein made by M. H. Draper.
/s/ V. M. Clark
/s/ S. S. Carver
/s/ P. M. Carver
/s/ G. W. Hufhines [Huffines]
/s/ D. H. Clark
/s/ M. H. Draper
Depositions taken: 1 Sept. 1892 at the house of G. W. Hufhines [Huffines]
DEPOSITION: LUVERNA M. HUFHINES [HUFFINES]
I am 38 years old. I live in Jackson Co. TN. I am a daughter of complainant [Martha Carver] and a sister in law to defendant [M. H. Draper].
I am in feeble health and confined to my bed.
I have been sick four or five months.
Quest. Is your mother now living here with [you]?
Ans. She stays here most of the time.
/s/ Luverney M. Huffhines
DEPOSITION: E. J. DAVENPORT.
I am 44 years old and live in Jackson Co.
E. J. Davenport [his mark]
DEPOSITION: GEO. W. HUFHINES.
I am 46 years old and live in Jackson Co. TN and I am a farmer. . .
I am a son in law of Mrs. Carver and brother in law of Mr. Draper.
/s/ G. W. Hufhines
DEPOSITION: MARTHA CARVER.
/s/ Martha Carver
Depositions taken: 30 July 1892.
DEPOSITION: ALICE HUFHINES [HUFFINES].
I am going on 23. Married. I was named Davenport before my marriage.
I lived with [Martha Carver] pretty near a year I reckon. It has been five or six years ago I reckon the last staying I did there.
. . . my husband Miles Hufhines. . .
Quest. Where did you live when you had the talk before Draper and your husband stated by you?
Ans. On Mr. Draper's land where I now live.
Quest. Did you ever live on F. M. Price's land?
Ans. I guess I did. Year before last and before that. I lived there two years.
Alice Hufhines [her mark]
DEPOSITION: CARRIE DRAPER.
Mrs. Carver is my mother and M. H. Draper is my husband.
/s/ Carie Draper
The following depositions are about how much the land in dispute could be rented for. -bp.
DEPOSITION: M. V. WOOD.
I am 30 years, farmer by occupation.
/s/ M. V. Wood
DEPOSITION: C. CARVER.
My age is 62 years, occupation farmer.
/s/ C. Carver
DEPOSITION: J. A. DYCUS.
I am 69 years old. Occupation farmer. I have been Constable and Deputy Sheriff of Jackson Co. TN for about 20 [years]--taking both offices together.
/s/ J. A. Dycus
DEPOSITION: J. E. HUFHINES [HUFFINES]
My age is 41 years. I am miller by occupation.
/s/ J. E. Hufhines
DEPOSITION: FRANK MC CUE.
I am 37 years old. I am a farmer.
/s/ J. F. McCue
[This is a new folder, but it is really a continuation of the above case. -bp.]
Depositions taken: 12 Jan. 1893.
DEPOSITION: J. M. CARVER.
49 years old. Reside in Jackson Co. TN.
I am a son of the complainant [Martha Carver] and brother in law of defendant [M. H. Draper.
[I have known said land] 35 years.
Quest. How many improvements was there on said homestead and dower at the time that complainant rented to M. H. Draper?
Ans. There was three with the one they lived in.
Quest. State whether or not all of said improvements are now on said homestead and dower.
Ans. The mansion house is burned down and there is two there yet.
Quest. State who occupies or lives in said buildings.
Ans. Mart Woods and Simp Rusel [Russell].
Quest. You said that the mansion house that was on said homestead was burned down. State when it burned.
Ans. About July 1891.
She [Martha Carver] has had no place to live at. She has had to live from place to place among her children [since the house burned].
/s/ P. M. Carver [could be J. M. -bp]
DEPOSITION: MARTHA CARVER.
/s/ Martha Carver
DEPOSITION: BETTY JANE DAVENPORT.
Betty Jane Davenport [her mark]
DEPOSITION: M. V. BIRDWELL.
18 years old and live in Jackson Co. TN.
Quest. State whether or no [you] are a daughter of George & Low Verna Huffines.
Ans. Yes, Sir.
Quest. State whether or not you have married and left your father, George Huffines, and if so state when you left.
Ans. Yes, Sir. I have married and left there. I left there last Oct., was a year ago or 1891.
M. V. Birdwell [her mark]
DEPOSITION: W. H. SADLER.
36 years old. Reside in Jackson Co. TN.
/s/ W. H. Sadler
Depositions taken: 18 July 1895.
DEPOSITION: N. B. YOUNG.
I am 52 years of age. My residence is in Gainesboro TN. My occupation is that of a minister of the Gospel. Was educated for a lawyer but do not practice that profession regularly. For several years acted in the capacity of Justice of the Peace and was for a number of years Post Master at Gainesboro TN. . .
I was Post Master at Gainesboro about 17 years. I was an Acting Justice of the Peace from 1875 to 1888 I think. . .
/s/ N. B. Young
DEPOSITION: J. M. MORGAN.
I am the same Clerk and Master who took the deposition of Martha Carver at Devus [?] Store 11 Oct. 1894.
/s/ J. M. Morgan
DEPOSITION: L. K. SMITH.
I am 34 years of age, reside in Gainesboro TN.
Have been in public life in several ways for quite a number of years--Steamboat Agent, afterwards Deputy Clerk and Master, Lawyer, Justice of the Peace, Chairman of the County [unreadable], Recorder of Gainesboro, etc.
/s/ L. K. Smith
DEPOSITION: M. H. DRAPER.
I am 40 years old. Reside in Jackson Co. Am a farmer by occupation.
/s/ M. H. Draper
Depositions taken: 19 July 1895.
DEPOSITION: M. L. GORE.
I am a farmer. Live partly in Gainesboro and partly on the farm on Roaring River. I am 55 years old. I was Clerk of the Circuit Court of Jackson Co. for four years. I was in the Mercantile business in this County for about twenty years.
/s/ M. L. Gore
DEPOSITION: JOHN S. QUARLES.
I am 57 years old. I reside near Gainesboro TN. Am a farmer.
/s/ John S. Quarles
Deposition taken: 29 Aug. 1893.
DEPOSITION: J. H. BRYANT.
/s/ J. H. Bryant
Deposition taken: 1893 [remainder of date is blank].
DEPOSITION: WADE H. MC CAIN.
35 years old.
I married her [Martha Carver's] granddaughter.
I was at that time [when I heard a conversation] living at my father's farm on Pine Lick or on Jennings Creek on the Keith place. I think it was after I moved to Keith's place. I moved there in Dec. 1885 or Spring of 1886. I moved away in 1886 or 1887. I lived on the Keith place one year or about a year. I just made one crop there.
Quest. Where did you move to from the Keith place?
Ans. Moved back to Pine Lick.
/s/ W. H. McCain
Deposition taken: 2 March 1895.
DEPOSITION: T. J. SHOULDERS.
I am 52 years old. [Live at] Jackson Co. TN.
/s/ T. J. Shoulders
Deposition taken: 9, 12 & 13 Sept. 1895.
DEPOSITION: C. FLISHER.
I am 53 years of age and reside at West Nashville TN.
I am at present an Expert Accountant certified by the Institute of Accounts of New York, am also President of the Citizen's Rapid Transit Co., Auditor of the Farmer's Savings, Building and Loan Association and consulting accountant.
He names many other positions he has held -bp.
He says Martha Carver's signature on various exhibits were not all signed by the same person. -bp.
DEPOSITION: R. W. JENNINGS.
My age is 50 years. Live at Nashville. [Am] Principal of Jennings Business College.
/s/ R. W. Jennings
Deposition taken: 22 June 1894.
DEPOSITION: EVELINE CRABTREE.
My age is 32 years and reside in Jackson Co. TN.
Quest. What did you follow as occupation from 1889 to 1893?
Ans. Going to school and teaching most of the time.
Quest. How many terms or sessions have you taught?
Ans. Seven.
I attended school at Wilette [Macon Co. TN] one term . . .
/s/ Eveline Crabtree
Depositions taken: 24 Aug. 1894.
DEPOSITION: DR. V. M. CLARK.
60 years old. Reside in Jackson Co. TN.
/s/ Dr. V. M. Clark.
DEPOSITION: ELIZA MORELAND.
47 years old and live in Smith Co. TN.
Hammon [Clark] was sick and died on the 15th of Dec. '93.
Eliza Moreland [her mark]
Depositions taken: 13 Sept. 1897.
DEPOSITION: ALEX DAVENPORT.
28 years old. Residence Smith County and miller by trade.
I lived there two years [with M. H. Draper at Martha Carver's].
Alex Davenport [his mark]
DEPOSITION: P. E. WOOD.
Age 59 years. Residence Jackson County TN. Occupation farming.
/s/ P. E. Wood.
Deposition taken: 16 July 1895.
DEPOSITION: M. F. DONOHO.
Aged 16 years. I live on Salt Lick Creek, Smith County.
M. F. Donoho [her mark]
DECREE.
19 Sept. 1895.
. . . M. H. Draper's Bill & Amended Bill are hereby dismissed and it is further decreed by the Court that Defendant Draper and his sureties on the . . . bonds, M. J. Dixon and Joshua Hail, pay all the costs of these causes . . .
. . . Cross Bill of Martha Carver against M. H. Draper, from which it appeared to the Court that M. H. Draper is indebted to Martha Carver for the rental value of her Dower and Homestead on Wartrace Creek for the years 1892, 1893 and 1894, except the sum of $100 which was paid on the rent of 1894 . . .
Deposition taken: 27 July 1893 at Highland TN.
DEPOSITION: MARTHA CARVER, cross examination.
Going on 68 years old.
/s/ M. Carver.
DEPOSITION: BETTY JANE DAVENPORT, cross examination.
Bettie Jane Davenport [her mark]
DEPOSITION: BURR DAVENPORT.
J. B. Davenport [his mark]
DEPOSITION: M. G. CASSETTY.
/s/ M. G. Cassetty
DEPOSITION: J. M. CARVER.
/s/ J. M. Carver
THE BILL OF COMPLAINT OF MARTHA CARVER against Milton H. Draper, both of Jackson Co. TN.
1 Jan. 1892.
. . . she is the widow and relict of Joseph Carver, dec'd. . .
Said lands so laid off, set apart and assigned as homestead and dower to your oratrix [for and during the period of her natural life] is here described as follows: . . containing by estimation 104 acres and 20 poles. After said dower was allotted and assigned, as aforesaid, on the 10th of March 1879, your oratrix went into possession of the same and afterwards on the 2nd day of Aug. 1886 she rented her said dower and homestead to her son in law, the defendant Milton H. Draper. And she here sets out the written contract which Defendant procured her to assign. Your Oratrix did not [could not] read the aforesaid instrument. And was procured to sign the same without fully knowing it's contents. She thought the rental contract was to run for five years only.
The Defendant now insists that said rent contract was to hold good and run for and during the period of Complainant's natural life.
Defendant has failed to comply with his contract [provide firewood, make repairs, re-roof the house, etc.].
Depositions taken: 29 Aug. 1893. These depositions are mainly for the purpose of ascertaining the character of M. H. Draper.
DEPOSITION: JOHN A DYCUS.
I have known him [M. H. Draper] ever since he was a little boy.
J. A. Dycus.
DEPOSITION: M. M. DAVENPORT.
/s/ M. M. Davenport
DEPOSITION: P. E. WOODS.
/s/ P. E. Woods
Depositions taken: 28 June 1892.
DEPOSITION: M. J. HUFFHINES.
Aged 27 years.
M. J. Huffhines [his mark]
DEPOSITION: P. E. WOODS.
/s/ P. E. Wood
DEPOSITION: H. T. CASSETTY.
Aged 32 years.
[I] was born there on the farm [now belonging to Martha Carver].
Part of the time Mrs. Carver had two of her grandchildren living with her [Dave Clark's children].
My understanding is that they went there to make that their home. I could not tell how long they stayed there.
/s/ H. T. Casity
Depositions taken: 29 June 1892.
DEPOSITION: M. H. DRAPER, DEFENDANT.
38 years old.
Mrs. Martha Carver would speak about wanting to trade with me. So as she would have somebody to live with her. She talked about trading with me for about two years, when I thought I would trade with her if she would make a contract that would suit me. I told her I would make the trade and she said that she would rent to me for one year or five years but I told her that I did not want the land under that contract because the other heirs would have her turn me off when the time was out, and I told her if she did not want to rent the land for her lifetime I would not say anything more about it, and she said she would rent that way because she could not live there the way she was living, that she had to keep up the fencing and see after the farm.
Quest. Haden Clark is a grandson of Complainant and your nephew by marriage, is he not?
Ans. Yes, sir.
/s/ M. H. Draper
DEPOSITION: HADEN CLARK.
I am 17 years of age.
Martha Carver is my grandmother and M. H. Draper married my aunt.
I stayed with my grandmother about five months. I went there in Oct. 1890 and left in March 1891.
[Now] I live with Milt Carver on Jennings Creek.
[Milt Carver] is a son of Martha Carver.
Hayden Clark [his mark]
DEPOSITION: H. A. CRABTREE.
43 years of age.
. . . Wood's Mill on Wartrace Creek. . .
/s/ H. A. Crabtree
This is a new folder, but a continuation of the previous cases. -bp.
Depositions taken: 1 Sept. 1894.
DEPOSITION: DR. V. M. CLARK.
60 years old. Reside in Jackson Co. TN.
/s/ Dr. V. M. Clark
DEPOSITION: TAMMER ROBERSON.
I am 22 years old and live in Jackson Co.TN.
/s/ Tamma Robinson
Depositions taken: 25 Aug. 1894.
DEPOSITION: S. S. CARVER.
47 years old. Reside in Jackson Co.
/s/ S. S. Carver
DEPOSITION: J. M. CARVER.
49 years old and live in Jackson Co.
/s/ J. M. Carver
DEPOSITION: GEORGE HUFFINES.
48 years old and reside in Jackson Co.
/s/ G. W. Hufhines
Depositions taken: 11 Sept. 1894 at Highland, TN.
DEPOSITION: PEARLIE DAVENPORT.
I will be 16 years old the 22 day of next March. I live on Wartrace Creek.
I went to Plez Woods, that is my Grandpapa . . . in '93.
/s/ C. P. Davenport
DEPOSITION: VIRA WOODS.
Aged 24 years. I live on Wartrace Creek.
/s/ S. V. Wood
Depositions taken: 15 Sept. 1894.
DEPOSITION: MARTHA CARVER.
Aged 69.
[Vira Woods] is Mart Woods's wife and Mart Woods lives on the homestead and dower and is a renter of M. H. Draper.
/s/ Martha Carver
DEPOSITION: J. M. CARVER.
[Martha Carver] is my mother.
/s/ J. M. Carver
DEPOSITION: LIGE ROBERSON.
My age is 24 years old and I live in Jackson Co.
Quest. What relation are [you] to Dr. V. M. Clark?
Ans. I am his son in law.
/s/ Elijah Robinson
Depositions taken: no date.
DEPOSITION: MRS. NANNIE CARVER.
Quest. Is J. M. Carver your husband and is he a son of Martha Carver?
Ans. Yes, Sir.
N. J. Carver [her mark]
DEPOSITION: J. M. CARVER.
/s/ J. M. Carver
DEPOSITION: G. FOREST CLARK.
Quest. Are you a son of Dr. V. M. Clark and grandson of Martha Carver?
Ans. Yes, Sir.
/s/ G. F. Clark
DEPOSITION: H. A. CRABTREE.
Quest. Are you related to Martha Carver, if so, how?
Ans. She is my aunt.
I am an attorney . . .
/s/ H. A. Crabtree
DEPOSITION: MARTHA CARVER.
I will be 70 years old the 25th day of Sept. next.
/s/ Martha Carver
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