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
Plaintiff dismissed cause, defendant to recover costs of Ptff & James G. Smith & Richard B. Brooks. Plaintiff sued for $200, breach of condition of the bond executed 2 June 1873, payable to State of Tennessee should W. C. Maynard fail to perform duties required by law as Admr of L. W. Maynard, decd.
5 Oct 1874, defendant suggested insolvency of estate of L. W. Maynard.
1 May 1877, claim rendered in favor of Pltff against deft for $29.47, land sold to pay debts, sufficient money to pay.
Petitioner Judith Johnson of Jackson Co. states Paul Clay of Smith Co. on 15 June 1872 received judgment against her before Charles Hopkins, J.P. for $224.77 1/2 and costs predicated on note purporting to be signed by her 1 Jan 1858. Judgment is unjust; petitioner never executed said note or authorized anyone to do so. Also statute of limitations of more than six years applied. Judith [X] Johnson
Came the attorney of Plaintiff in to Court and suggested the death of Dr. Paul Clay, which was admitted by B. B. Washburn, atty. of the defendant. [No date, case ends. However, there is much more on Judith Johnson, maiden name McClellan, on Johnson vs Johnson divorce case, another reel].
Final settlement, A. C. Clemens, guardian of Albert, Sidney, Margaret, Moreland, Thomas and Cora, minor heirs of John Clements, decd. Rents on land 1881, 82, 83 & 84 [about $45 for each year plus interest].
Inventory of personal property: Cow, one blind horse, 6 hogs, 15 bbls corn, 2 bedsteads, old cooking stove, 2 old cast plows, set of plow gear.
W. T. Lambert, guardian of Moreland Clemons, April term 1895, received $50.97.
Moreland Clemons received $35.72 from J. A. Lambert in full of the undivided interest of the estate of my father John Clemons, deceased.
19 December 1894, settlement with J. A. Lambert, guardian of Thomas Clements, minor heir of John.
SUMMMONS: Wm C. Purcell & Z. Vanhooser to appear 4th Monday in October, 1871.
Geo. W. Clements asks that William C. Purcell be enjoined from selling land Dist 13, Jackson Co. Oct term 1871.
DEED: W. C. Purcell to Z. vanhooser, land in Dist. 13 adjoining lands of David Griffiths heirs on the north, Hamilton Mosely east, Ned Cherry south, known as portion of old Dixon tract, bought by me from him about the year 1856; also one other tract about 100 acres bought by me from James W. Draper, more particularly described Book I, page 601 & 602, register's office.
Also one other tract deeded to me by W. M. Roddy containing 40 acres, Book H, p. 242.
My entire interest in tract owned by John Dixon where he lived at his death bounded north by lands of David Griffith, west by Asa Lovelady, east and south by land heretofore referred to, also stock [horses, oxen, hogs, sheep].
Conditions of this conveyance... I am indebted to James W. Draper, note of $450 due June 1871, Loucey Cherry, guardian of minor heirs of L. S. Cherry $470 due some time in 1869; Sampson G. Gaines, $200 due early this years; J. R. Crabtree for $130 due some time 186[?]; D. W. Haws, $80 note about 1st of May; Scott [?]Moore as Admr of Wilson Cherry, note due about the 1st of year 1861.
I being desirous to secure & make payments... if I should pay on or before 4 July 1873, this deed to be void. If I fail to pay, authorized Z. vanhooser to sell property and pay debts. July 4, 1871. s/s W. C. Percell
BILL OF COMPLAINT: George W. Clements of Clay Co. against W. C. Purcell. William C. Purcell is indebted to him for $240 with credit of $124. Purcell made a trust deed intended to hinder & delay creditors not mentioned. 29 July 1871.
BILL OF COMPLAINT of Christopher Clemons of Jackson Co. against Harmon Howard & wife Catherine Howard of Monroe Co., KY and Sampson Allen of Cumberland Co., Kentucky. John Clemons, late of the County of Jackson was largely indebted to Orator and also to other persons. In order to pay debts, he conveyed to Orator his lands in Jackson Co.
John Clemons departed this life intestate and your Orator has letters of administration. Personal estate worth little after paying debts.
Elizabeth Howard, formerly Clemons, who is married to Harmon Howard; Catharine Howard, formerly Cherry who is married to Thomas Howard, both of Monroe Co., Kentucky; Margaret Allen who is married to Sampson Allen of Cumberland Co., KY, prayed to be made defendants to this bill are the only heirs at law of said John Clements, deceased.
Following depositions taken 1 November 1843, at the house of Stewart Watson in Jackson Co., Tennessee.
DEPOSITION: [Dark due to crease. Signature at bottom is H. H. Howard] "twenty one years".
Ques: Did not Complainant Christopher Clemons and Thomas Howard come to the house of your father (viz) Harrison Howard before the death of John [crease, dark; probably John Clemons - mlj].
Ans: Yes, they did. To the best of my knowledge it was Jan or Feby following his death. Complainant came to my father's and wanted him to go with him to get a guardian appointed for John Clemens - that John Clemons was living at James Crawfords and that Crawford was about trading for some of his land if he had not done it.
Ques: Did not Christopher Clemons in the same conversation at your father's say John Clemons drank... destroyed his senses?
Ans: Yes. s/s H. H. Howard
DEPOSITION: James Birdwell, about 68. Known James Gully Senr 15 years. Biggest part of the time he lived on land of Christopher Clemens and John Clemons near to said Complainant Clemons. He was the miller for John Clemons until his death, afterward the miller for Christopher Clemons. s/s James Birdwell
DEPOSITION: Thomas Gully about 56. Been acquainted with Clemons 30-35 years. Was called upon about 1st of Feby 1840 to hear Complainant and John Clemens, brother to Complainant, to hear them relate some of their contracts. My understanding was Christy was to give John's [?]six [hard to read] heirs $40 for the land lying in the fork of the creek. Thomas [his X mark] Gully
Following depositions taken 2 November 1843, house of Stewart Watson:
DEPOSITION: James Crawford, about 43, questioned by defendant Howard. Live 250 yards of the John Clemons place. About 3 years before John's death they had the mill repaired. In 1839 or 1840, I told John I'd give him $40 a year for the [rent of the] mill. John Gulley Senr kept it the biggest part of the time.
Am acquainted with John M. Tolman. Saw him last about 12-14 months ago when he was at my place. He said he lived at Woodleys in Warren Co. My understanding it was in Tenn near McMinnville but where he is now I cannot say. James [X] Crawford
DEPOSITION: Andrew Bowman, about 26. Last 3 or 4 years, John M. Tolman lived within 10 miles of McMinville, Warren Co., in Woodley's. Andrew [X] Bowman
DEPOSITION: James Hibbit, about 39. Was asked by Christopher Clemons if I thought John was capable of handling his business, I told him no, that he was drinking. We thought the grog shop was swindling him. John Clemens and his brother and I were school fellows in the English school. Believe 1838 or 1839 when we had the conversation. s/s James Hibbit
Following taken 3 November 1843:
DEPOSITION: Acy Reeves about 65. Known Complainant Chris Clemons and brother John. About 9 years prior to John's death, lived within about 5 miles. Last 4 or 5 years, thought his mind was hurt by liquor. John Clemons lived at James Crawford's some time in 1840. Acy [his X mark] Reaves
Following taken 3 May 1844, house of Stewart Watson, Jackson Co., Tenn.
DEPOSITION: Curtis W. York, age 23. Known John Clemons, decd since my infancy, live about 3 miles. s/s Curtis W. York
DEPOSITION: James Fergison, age 65. John Clemons Junr is deceast. Known him since he was a chunk of a boy, lived 3 1/2 miles. s/s James Fergison
DEPOSITION: Jose Moore [Looks like "Jose" here; at bottom, clearly "Joel - mlj]. Age 27. In 1840 my brother in law and myself rented the land in this suit, attended a part of the place in 1841. Paid the rent to Christopher Clemons as Administrator of the estate. Joel [his X mark] Moore
DEPOSITION: Thomas Gully, age 57.
DEPOSITION: James Gully, age 46. Attended the mill 2 or 3 years for John Clemons, was at his death [with him when he died]. Christopher never received profits of the mill until the dam broke [flood] and John told Chris he could have the profits if he would repair it. He repaired it, broke twice more in space of one year. Was not repaired after it broke the last time. James [his X mark] Gully
Following depositions beginning 16 Oct 1843, house of Alexander Keith, Jackson Co.
DEPOSITION: Hardy Pursel, 65. Acquainted with John Clemons 16-18 years.
Question by Compt: You have been asked whether John Clemens Jr. by common economy could not have supported himself upon the property he had at his father's death. State whether he used common economy.
Answer: Don't think he did. s/s Hardy [his X mark] Purcell
DEPOSITION: Tabitha Purcell about 30. John Clemmons owed me, and Christopher Clemons paid me $7.50 - $8.00. Knew him 15 or 20 years, he was frequently at my father's house.
Question: Did Stewart Watson, attorney for the defendant, try to prejudice you?
Ans: Think he did, at a conversation at Jennings Creek... my brother who is now dead... I bought a nag from my brother Alfred. Tabitha [her X mark] Purcell
DEPOSITION: Elizabeth Crawford, about 42, acquainted with John Clemons 10-12 years. He staid at our house a right smart one winter 1839 or 1840. Did not live further than a mile from him. Drinking when he came. Sober 3 weeks. Elizabeth [X] Crawford
DEPOSITION: Levi Gist, 40 [Nothing new]. s/s Levi Gist
DEPOSITION: Thomas Hinson 41, saw John Clemons at Line Creek Meeting House, chuck [shook] his hand. [part missing, don't know if s/s or X'd - mlj].
DEPOSITION: Francis A. Stone, age 39. Knew John Clemons 18 years preceding his death. Talked to him the year before he died about buying the land. [part missing, no signature].
DEPOSITION: [Top part missing]. I live at home with my father except while boarding out a going to school. James Gully is the same man who kept the mill for my father after the death of John. s/s Leroy S. Clemmons
DEPOSITION: Wilson Cherry about 48. Knew John Clemons about 20-30 years, lived about 5 miles. First got acquainted, thought he was a rather smart youth, after he took to drink, rather stupid. Saw him sober several times between 1837 and his death. 17 October 1843. s/s Wilson Cherry
DEPOSITION: Alexander Keith 42. Am acquainted with Clemens Mill on Line Creek. s/s Alexander Keith
DEPOSITION: James Keith, about 50. Lived about two miles from John Clemons. Edward Purcell is dead. William Talman is dead. John Talman has left this country , don't know where he is now. John R. Welch is living in the State of Illinois last I heard. Heard James Gully give his deposition in Thompkinsville, Monroe County, Kentucky. 19 October 1843. s/s James Keith
DEPOSITION: James Crawford 43, known John Clemons 10-12 years, lived the best part of that time within three-fourths mile. He lived at my house last of January and first of February 1840. Before he came had been drinking about six weeks, continued about a week or ten days before tempering [sic] off. About three weeks he didn't drink as I know of. Said he wanted to sell his place for $2500. Told him I'd buy, if he'd settle up with his brother Christer. James [X] Crawford
DEPOSITIONS: 1 May 1844, Thompkinsville, Monroe Co., KY for defendants Harman Howard & wife & others, of William G. Howard, Alfred Purcel, John Simmons:
DEP: William G. Howard 39. Knew John Clemons 25-30 years, lived 6-7 miles. When I saw him... under influence. s/s W. G. Howard.
DEP: Alfred Purcel, age 32. I came at the request of Mr. Howard. s/s Alferd Percell
DEP: John Simmons 32. Was a neighbor of John Clemmons, lived 1 - 1 1/4 mile. Last four or five years, was not a man capable of doing business. John [X] Simmons
DEPOSITION: 3 November 1842, house of Thomas Price. Benjamin Gist for Complainant about 69, states he witnessed a paper between John & Christopher Clemmons. Benjamin [his X mark] Gist
INDENTURE: I, John Clemmons... to Christopher Clemmons, for $1500, land on waters of Big Barren River, Jackson County, Tennessee, for $1500, Registered Book C, pages 209 & 210. Dated 30 September 1837. s/s John Clemmons
ANSWER: Respondents Harmon Howard & Elizabeth Howard and Thomas Howard & Catharine Howard. Respondents Elizabeth and Catharine are wives of Harmon and Thomas and are the sisters of John Clemmons, deceased, and together with their husbands are entitled to distributional share of estate. Their brother was addicted to intoxicating use of ardent spirits... incapable of contracting. The said John was a single man and had a valuable farm.
DECREE: Bill and Cross-bills filed. 30 Sept 1837, John Clemons executed a mortgage deed to Christopher Clemons. 21 Jan 1840, John & Christopher settled, and being sober, sold to Christopher Clemons land at forks of Line Creek.
ANSWER: Christopher Clemons to cross-bill by Thomas & Elizabeth Howard and Sampson Allen & wife. John Clemons died intestate in Jackson Co., leaving no children, having never been married, heirs correctly set out. His father and mother are also dead.
DEPOSITIONS: April-May-June 1843, "John Clemons drinks": John S. Barlow, James Gully Senr, Thomas Gully Senr, James Gully Jnr, Benjamin Guist, Levi Gist, Robt Welch, John C. Hibits, O. H. Bennett, Andrew Brown, Edward Pursell, Abraham M. Hestand.
10 July 1846, depositions were taken of James G. Cunningham, Montgomery Clark and David Griffith for Complainant Hudson, cause of Hudson, William vs Thomas G. Wilson & Alexander Nevle.
BILL OF COMPLAINT: Patsy Clinton owns land on Dry Creek of Blackburn's Fork of Roaring River... Charles Harmon formerly lived, being 80 acres. Has since 23 April 1872 been entitled to possession. Defendant recently took possession of a large part. Burris has no color of title, but defendant Garrison is claiming under a deed executed long since Complainant acquired title. Dated 6 May 1903. Patsy [her X mark] Clinton
ANSWER: Ellison Burris states he is owner of land in 10th District, Jackson Co., TN.
Tract 1 being 50 acres n waters of Dry Creek, Blackburn's Fork, lands conveyed by Anna L. Davidson & others to James Burris, deed August 7, 1875.
Tract 2 on Dry Creek including house and part of the improvements where he lived in 1868, being same land granted by State of Tennessee, grant 12533 dated May 19, 1868. Respondent is owner of 5/6 and his sister Sarah Wade is owner of remaining 1/6, she inherited from her father James Burris. Respondent owns 1/6 by inheritance and remainder by purchase from other heirs for which he has deeds. Draper & Stafford, Sol.
ANSWER: Fred Garrison, denies allegations, says he owns. [Case ends - mlj].
DECREE: Jo Coffee is a non-resident of Tennessee. Notice having been made in "Upper Cumberland", newspaper in Jackson Co., Tennessee, has not appeared, judgment against him. Abandoned her... rights of single woman restored.
BILL OF COMPLAINT: Married 16 February 1883, together about four months, abandoned her, left state, is believed in Kentucky. She is informed he has married another woman in State of Kentucky, her name unknown, is cohabiting... 8 March 1886. Clerecy [her X mark] Coffee
DECREE: Bills and cross-bills for divorce were filed. He has failed to prove, it is unsafe for her to live with him. Bonds of matrimony dissolved, she to be restored rights of single woman, maiden name Maggie Irwin.
ANSWER: Maggie Coffee to Cross-bill. Denies adultery with Averette McCoin or any other man. Married Jackson Co. 14 May 1905, together until 3 Oct 1905. When they were married & lived in the Gaw branch, cross defendant wanted to sell illegal whiskey in their home. She objected, he got mad, shoved her out the door & locked it. She is virtuous, he has slandered, fails to support. 16 Oct 1906. s/s Maggie Coffee
DEPOSITION: E. L. Young, for Complainant Sam Coffee. Am age 30, live 9th Dist, about a mile of Sam and 1/2 - 3/4 mile of where Maggie lived. Knew Maggie before marriage, she lived at W. D. McCoin's. Averett McCoin is W. D.'s son, he lived with his father. Never saw Averette McCoin at Sam & Maggie's, never saw McCoin with Maggie. A short time after they parted, she stayed at Martin McCoin's. Averette McCoin never did say he had [an affair] with Maggie. He said he had a good time with a lady at the St. Louis Fair, and that I knew who it was. All he said about Maggie is she was a lady so far as he knew. Maggie Erwin is Maggie Coffee. Maggie didn't go to the fair that I know of. Maggie went to school to me two terms, in 1902 & 1903. Did not see anything improper in her conduct. Filed 22 June 1906. s/s E. L. Young
NOTICE: Depositions of Averett McCoin, Betsy Scott, Lou Stewart, Steve Strange to be taken July 24, 1906.
DEPOSITION: Averett McCoin, am told I was born 10 April 1884, live 9th Dist. Maggie was living at my father's house at time of marriage, lived there about seven years. Sam and Maggie made their home at my father's after marriage until about July 25, 1905. When they separated, is my understanding they lived on M. F. Young's land, Gaw branch.
They were at our house some months after they married. We all had work to do. Cousin Maggie McCoin was almost an invalid, and was confined to her bed a good portion of the time and it came to my part to help some around the house.
I am sometimes clerk in my father's store. I understand Maggie is living with Capt. and Mrs. M. L. Gore, and they send her to the store often. Maggie staid at the home of my brother E. M. McCoin a while, as my brother's wife Lou McCoin had a great deal to do with her raising. She [Maggie], Sam and her brother Hyram were picking peas in my father's field. I was in the field some.
Cross-examined: Sam said he was going to Gainesboro for whiskey he ordered, saying "Puss (Maggie) kept raising h_ll about it and if she didn't quit he was going to give her a thrashing she'd remember".
I am the same Averette McCoin from whom Sam Coffee swore he bought whiskey, and same who Atty. Tillman of the Federal court said my case would not be presented to the Grand Jury at Nashville. 24 July 1906. s/s Averette McCoin
DEPOSITION: Betsy Scott [no age given]. I am the mother of nine children, born before marriage. I am now a married woman.
Ques: How many different men are the fathers?
Ans: That is my business.
Ques: How long have you been married?
Ans: Six or seven years.
Ques: Haven't you been guilty of adultery with Jacob Scott and [looks like] Out Morgan since your marriage?
Ans: No, if I have, prove it.
Elizabeth [her X mark] Scott
[Several notes, ranging from $.50 to about $40 were listed. Depositions indicate James Pharris died in 1854. Those bearing dates 13 Jan 1856 and 16 Decr 1855 could have been from sale of personal property of his estate. All these had interest accrued to 11 Feby 1861. Dates given are the due date of the notes. - mlj].
Note on Mary Jones Pharris & Leroy Carter Due 13 Jan 1856
- Robert Wade & Joshua Vinson "
- James M. Wolf & George Stout "
- Benjamin Reeves & Clinton Jones "
- Shelby Pharis & J. M. Sherly "
- Hugh Pharis & Joshua Vinson "
- James Draper & T. J. Draper "
- Thaxton Carter & J. M. Sherly "
- Thomas Smart & J. M. Sherly "
- William Jones & Claiburn Jones "
- J. M. Sherly & John Pharis "
- Jerry Dockery & Richard Willoughby "
- James Draper & T. J. Draper Due 16 Decr 1855
- Henry Carter "
- William Vitetoe & L. C. Collier "
- Wm Lambert & John Keith "
- Johnson Spurlock & Hugh Pharis "
- Hugh Pharis & Johnson Spurlock "
- Robert Wade & Hugh Pharis "
- W. Co_ _ _ & W. L. Rush "
- Jos [or Jas] M. Wolf & Wm Lambert "
- John Keith & Wm Lambert "
- Wm Keith & White Myers "
- George Stout & J. M. Wolf "
- Mary Pharis "
- W. Stephens & Henry Carter "
- Martin Masters & Leroy Carter "
- Johnson McCormack & J. L. Spurlock "
- James Burgess Due 2 Mar 1854
- James Burgess " 2 Mar 1856
- John Halfacre & An_d Halfacre 27 Sept 1854
- A. J. Robertson and C. C. ______ 26 March 1855
- Martin Pharis 14 Sept 1851
- Wm Keith 2 Mar 1846
- William Keith 26 Nov 1841
- William McCormack 1 Mar 1855
- Henry Nicholas 22 Apr 1846
- Thomas Clemons 3 Dec 1846
- Abraham Pharis 18 May 1846
- R. W. McClendon 25 Dec 1853
- Gab Malone 1 June 1849
- W. B. Gipson 19 Jan 1840
- Ab ?Warren 4 Oct 1846
- W. Malone [Note $.50, int. $.43] 13 Oct 1846
- Tobias Gipson 1 Mar 1855
- John Hargess 25 Dec 1854
- Rct on Dale Carter for J. Majors note 18 Sept 1842
- Elijah Malone 17 Aug 1847
- Thomas Clemmons due 27 Apr 1842
- Milton Draper 11 Mar 1853
- Hamp Montgomery & Milton Draper 11 Aug 1853
- Judgment against Jno B. McRay 13 Mar 1842
- James Vitetoe 6 July 1855
- Jose [or Joel] Hollowman 25 Apr 1857
DEPOSITION: John P. Murray, age 26. Have some knowledge of estate of James Pharris; much litigation, some commenced in his lifetime. Wm W. Woodfolk sued the estate, I sued for my fee. 26 Jan 1861. s/s John P. Murray
DEPOSITION: James T. Quarles [no age]. I filed suit for William W. Woodfolk in his lifetime... tract of land purchased from Leroy B. Settle, title was in Settle. Pharis died before the suit was settled. He had a great many heirs, some minors. One of them, Isham Pharris died, and it was necessary to revive [the suit] against his heirs. One of them married Alexander Gittings. I filed a bill for Thomas J. Jones against James Burgis & Littleton C. Collier & others... land Burgis had bought of James Pharris, no deed having been made to Burgis.
Been acquainted with James Draper over 30 years, been his lawyer. He owns a great deal of land and several negroes. 26 Jan 1861. s/s James T. Quarles
James Burgess & L. C. Collier vs James Draper, Admr & Solicitor vs Thomas J. Jones vs James Burgess, L. C. Collier & et al and John P. Murray vs Thoms J. Jones, James Burgess, L. C. Collier & Sols. James Burgess purchased from James Pharris 12 Sept 1853... begin at boundary of Littleton C. Collier's land... old James Pharis tract... Gainesboro Rd... to Terrell Byrnes' line... to Clark's line [Lengthy legal description of tract, and plat map - mlj].
ANSWER: Littleton C. Collier & wife Jane Collier, George Stout & wife Charlotte Stout, Mariah McNab, Robert Wade & wife Hannah Wade to Bill of Complaint of Isham Pharris & others. True James Pharis died, James Draper appointed Administrator. James Pharris owned land. Dated 1 July, 1858. Mary Jane [her X mark] Pharis; Mariah [her X mark] McNab; George [his X mark] Stout; Robert [his X mark] Wade; s/s L. C. Collier; Jane [her X mark] Collier; Hannah [her X mark] Wade; s/s Charlotte Stout
PROSECUTION BOND: We Isom Pharis, Hampton Wade, Milly Wade, James Draper and Thomas Draper are bound to Littleton C. Collier, Jane Collier, George Stout, Charlotte Stout, Robert Wade, Hannah Wade, James Wolf, Fanny Wolf, Alexander Gittings, Sally Gittings, Maria McNab, Rowanna Pharis, Sebring Pharis, Lincoln Pharis, Alice Pharis & Mary Jane Pharis. 3 May 1857.
BILL OF COMPLAINT: Mary J. Pharis of Jackson Co., Tenn against Isham Pharis, Hampton Wade & wife Emelia, George Stout & wife Charlotte, Robert Wade & wife Hannah, Sally Ann Harris, Littleton C. Collier & wife Jane, Maria McNabb, William R. Kenner, Madison Wolf & wife Fanny, Roena Seabury, Lincoln & Alcey Pharis, all of Jackson Co., four last named are all minors, no regular Guardian. Shelby Pharis & Christopher Clark & wife Malinda are now residents of State of Tennessee, William W. Woodfolk of Davidson Co. and Leroy B. Settle of Wilson Co.
[blank] 1854 James Pharis departed life intestate in Jackson Co., owned several tracts of land. Complainant is the widow of said James Pharis. Defendants Isham Pharis, Emelia Wade, Charlotte Stout, Maria McNabb, Fanny Wolf, Roena Seabury, Lincoln & Alcey Pharis & Malinda Clark are all the children and heirs at law of said deceased. Filed 12 June 1855. Denton & Washburn, Sols.
BILL OF COMPLAINT: Fanny Wolf of Jackson Co., Tennessee against James McClarin, Alice Pharis & James M. Wolf. Father of Compt is deceased. Was induced to sell her share to her brother Isam Pharis for $100. There are 13 distributees in estate. Isam Pharis is dead. Alice Pharis and James McClarin are his Administrators. Her share she is informed is worth $500-$600, feels she was defrauded.
BILL OF COMPLAINT: Robert Wade & wife Hannah Wade, Hampton Wade & wife Milly Wade, James M. Wolf & wife Fanny, all of Jackson Co. against
Littleton C. Collier who pretends to have married Jane Breeding, one of the daughters of James Pharris, deceast, Jane Collier or Breeding, George Stout & wife Charlotte Stout, Mary Jane Pharris, widow of James Pharris deceast and her minor children, the issue of her & James Pharris, deceast to wit Rosena Pharris, Lincoln Pharris, Seberry Pharris & Alice Pharris, who have no regular guardian and Mariah McNab and the children of Isham Pharris deceast who was also a son of James Pharris deceast to wit Shelby Pharris, Maria Pharris, Sampson Pharris, Elizabeth Pharris, Martha Pharris, James Pharris, Jane Pharris & William Pharris, last named are minors; and Allice Pharris the widow of said Isham Pharris, all of Jackson Co.; and Alexander Gittings & wife Sallie An Gittings & Christopher Clark & wife Malinda Clark of the State of Missouri and Shelby Pharris, State of Texas.
James Pharris died in Jackson Co., Tennessee about Decr 1854. James Draper, Admr.
PETITION: Mary Jane Pharris. Husband James Pharris died [blank] Dec 1854 in Jackson Co. Children were [1] Isham Pharris, Hampton Wade and wife [2] Emily Wade, George Stout and wife [3] Charlotte Stout, Robert Wade and wife [4] Hannah Wade, [5] Sally Ann Harris, Littleton C. Collier and wife [6] Jane Collier, [7] Mariah McNab, Madison Woolf & wife [8] Fanny Woolf, [9] Rowena Seabury [10] Lincoln Pharris, [11] Alcey Pharris, [12] Shelby Pharris and Christopher Clark and wife [13] Malinda are non-residents. Rowena Seabury, Lincoln Pharris, Alcey Pharris and Shelby Pharris are minors.
DEPOSITION: James Carlan age 32, know negro man named Tober [or Taber] now in possession of defendant John Collins, formerly owned by Riley McDonald, deceased. Don't know his [Tobe's] age. Was acquainted with Henry L. McDaniel [or McDonald] & defendant along about 1840, 41, 42 & 43. Hired negroes from Elizabeth Hogan and Harry Hughes for $48 per annum. s/s James Carlan
DEPOSITION: Isaac E. Ferrell, John Collins is my brother in law by marriage. He married my sister. s/s I. E. Ferrell
DEPOSITION: James Raulston Wallace age 37. Know negro man called Taber in possession of John Collins, formerly belonged to Riley McDaniel, deceased. I know Tob but his right name is Anderson.
James W. McDaniel was in possession of a part of land before 6 March 1854, and Charles Burton in possession of the other part. Anson Collins' wife is my sister and Collins is her husband.
Question: Say if Tobe's constitution and health ... would justify being pushed out in all sorts of weather so as to make ever day count how much would he be worth next year.
Answer: [Hard to read, but looks like "Do not know].
DEPOSITION: Maddison D. Apple about 40. [nothing new] s/s M. D. Apple
DEPOSITION: Charles F. Burton, age 43. H. L. McDaniel acted as Administrator of Riley McDaniel, deceased.
Question: State how many children of Gideon Smith by his wife Cynthia are minors. Answer: Not particularly acquainted. s/s C. F. Burton
DEPOSITION: Hugh Wallace, 56. Believe two children by Gideon Smith and his wife Cynthia are minors. Youngest is about 14.
Question: Was Gideon Smith related to the boy?
Answer: He was farther [sic] to the boy and from appearances a man 21 years of age. [Signed] Hugh Wallace
DEPOSITION: Charles R. Ford, age about 40. Was at the sale of Riley McDaniel, deceased's property, do not recall if Hardin J. Rittenberg bought. s/s C. R. Ford
[First part missing] Mr. Duncan & Mr. McClendon... rail fell over on Flatt's line. [Signed] John Gaw
DEPOSITION: Thomas Smith age 52, was not familiar with property line. s/s
DEPOSITION: Samuel Flatt age 34, questioned by Margery Settle, he stated Leroy B. Settle was in partnership with Sam E. Stone to sell goods. s/s Samuel Flatt
DEPOSITION: T. M. Gipson [no age given]. Sam E. Stone received two or three negro slaves from his father in law and two slaves from his father's estate in Virginia. Abe & Davy from his father's estate. Davy was not a very valuable negro. Abe was a very likely boy but lost his hearing in a spell of sickness. s/s T. M. Gipson
DEPOSITION: R. C. Kirkpatrick, knew S. E. Stone in his lifetime, knew him for many years. I have been a merchant in Gainesboro 17 or 18 years, commenced 1846, but out of business during the late war. s/s R. C. Kirkpatrick
Shelby County Court House in Shelbyville, Kentucky, 1 September 1840. Indictment for Felony. Court held 30 July 1839, bond $1000, Nicholas Cheek, Security.
In the case of Nicholas Cheek vs Benjamin Sutton, it became a material question whether Sutton delivered to Nicholas Cheek 120 gallons of tar. Thomas Cheek said he saw all the tar delivered by Benjamin Sutton to his father Nicholas Cheek & there was only 110 gallons. In truth, Benjamin Sutton delivered 170 gallons in 15 large kegs and two small kegs. Nicholas Cheek posted bond for Thomas Cheek.
Louisville District. Petition of H. G. Stong, John Ogle, H. D. Lewis, N. W. Rickets, John L. Young, John H. Denis, J. R. Darwin, Haywood Crawford & Sam M. Tinsley, citizens of Middle District of Tennessee, except H. G. Stong who is a citizen of Indian Territory.
In June of 1893 and for several years there had been a large number of illicit distillers on the line between Kentucky and Tennessee in the County of Cumberland in Kentucky and Clay Co. in Tennessee... became an organized mob and on one occasion surrounded the U. S. officers who barely escaped with their lives. The line between Cumberland Co., KY and Clay Co., TN is in dispute, there being two lines through the Pea Ridge country where illicit distillers are located. These lines are one-fourth to one-half mile apart. When arraigned in Kentucky, they would claim Tennessee had jurisdiction, and vice versa. Johnson Scott was one of the chief offenders.
H. G. Stong was appointed General Deputy, with authority in both Kentucky and Tennessee... assistance John Ogle, H. G. Lewis, N. W. Ricketts, W. H. Young & Jeff Wilson for Middle District of Tennessee, and John L. Young, John H. Denis, J. R. Darwin, Haywood Crawford, citizens of Jackson Co., Tennessee.
In the discharge of their duties, officers were fired upon from ambush and returned fire. Am informed Wilson Scott, a son of Johnson Scott, was killed. Officers were doing their duty. s/s John P. Murray, Attorney
[Petitioners were indicted by a Cumberland Co., Kentucky Grand Jury. Apparently not prosecuted - mlj].
BILL OF COMPLAINT: Bolivar H. Cooke & Co. & Paschall Fall & Co. of Davidson Co., Tenn against
J. R. Draper, Elvira Draper, Joseph Hix, George W. Birdwell, Admr de bonis non [administrator of remainder of property not already devised] of J. W. Draper, deceased; Wade H. Graves, Admr of A. W. Draper, deceased; Robert Lee Draper, Lula Draper & R. A. Cox of Jackson Co.
J. R. Draper is indebted to them, to wit: Bolivar H. Cooke & Co. 1882 & 1883 of $479.90 plus interest and to Paschall Fall & Co. 18 Oct 1883 for $70.56 plus interest.
J. R. Draper is a son and heir of A. W. Draper, deceast and a grand son and heir of J. W. Draper decd. J. R. Draper is entitled to one-third of estate of A. W. Draper subject to dower & homestead of defendant Elvira G. Draper.
R. W. Draper died seized and possessed of:
Tract of 20 acres, deed executed by J. W. Draper to A. W. Draper dated 3 Apr 1874, registered Book A, pages 347-348.
Two other tracts conveyed by T. C. Quarles to A. W. Draper, dated [blank], registered Book A, 150 acres.
One-half interest in another 150 acre tract known as D. H. Draper house, tract conveyed by R. A. Cox, Clerk & Master to J. W. Draper, deed 29 Jan 1877, Book A pps 540-541, subject to homestead rights of said D. H. Draper, same owned by J. W. Draper in lifetime and descended jointly to his sons A. W. and J. S. Draper.
One other tract conveyed by R. A. Cox, C & M to A. W. Draper, deed 29 Jan 1877 being 90 acres, registered Book A p. 542.
Four other tracts, one deed by F. M. Price to A. W. Draper, Book A, pps 178 & 9.
One other tract on Hensley Creek in Jackson Co. whereon George A. McCawley now lives, purchased by A. W. Draper & R. A. Cox at Clerk & Master's sale.
Also one-half interest in tract conveyed by A. Pharris to J. W. Draper, 1 Jany 1878, Book C, pps 112 & 13.
One-half interest in large and valuable tract which J. W. Draper died seized & possessed, being his house place, a portion of which is covered by dower of Ellen Draper, widow of J. W. Draper, decd on Jennings Creek in Jackson Co., adjoins land now owned by Joseph Hix & lands of William Halcom and others.
Many years ago A. W. Draper purchased from Thomas T. Pointer on Jennings Creek in Jackson Co. whereon defendant Elvira Draper now lives. J. W. Draper father of A. W. Draper, and J. G. Cunningham father of defendant Elvira Draper were each men of wealth.
Further charge that J. R. Draper has sold & conveyed to Joseph Hix, defendant, his interest in the Ellen Draper tract, deed 15 Nov 1882, Book C pps 571-572, took a note; also another tract, took a note. Transfers probably fraudulent made to hinder creditors.
Complainants charge that Wm Draper, Admr of estate of J. W. Draper, has several thousand dollars of assets.
Defendants J. R., Lula and Robert Lee Draper are the only children & heirs of A. W. Draper, decd. That Robert Lee and Lula Draper are minors and their mother Elvira Draper is general guardian. Elvira Draper has never had dower and homestead assigned to her.
INJUNCTION: Request filed by Hollins Son & Co.; Murray Dibrell & Co.; Hollins Murray & Co.; Anderson Green & Co.; Settle & Kinnaird of Nashville, Davidson Co. on 16 Jan 1884 and R. F. Weakley also of Davidson Co. on 14 Jany 6 1884, all creditors of J. R. Draper. Asks property be impounded to pay creditors... attempting to transfer to defendants Elvira Draper and George W. Birdwell, and indebtedness [notes] of Joseph Hix. 29 Feby 1884.
ANSWER: R. L. Draper & Lula Draper... have no knowledge of fraud if any between their mother Elvira G. Draper and J. R. Draper... have not investigated, being a matter of business between their mother and brother.
Know nothing of a transaction between J. R. Draper and G. W. Birdwell nor settlement of the Murray Dibrell & Co. debt of J. R. Draper with his uncle J. B. Cunningham. Filed 25 March, 1884. s/s B. A. Butler, Sol.
HUGH DOUGLAS & CO. vs RAY, L. et al Chancery 1869
NOTICE TO SHERIFF: B. H. Cooke & John P. White filed Bill of Complaint against L. Ray, James Ray, R. V. Brooks & A. M. Furguson. Attach and enjoin plaintiffs from selling real and personal property.
BILL OF COMPLAINT: Hugh Douglas, W. L. Paine, L. T. Armstrong & M. C. Dibrell, merchants doing business in the style of Hugh Douglas & Co. of Nashville, Davidson Co. against L. Ray & Jeremiah Ray. L. Ray owes them money, believe he is transferring assets to his brother Jeremiah Ray to hinder creditors. 3 Sept 1869.
BOND: Leonidas Ray, Jerry Ray & James Ray & R. V. Brooks to Hugh Douglas & Co. [and individual partners above], amount of $320, to release goods at Hog Camp in Jackson Co., goods at Highland in Jackson Co., subject to court ruling. 3 Sept 1869. [Signed] L. Ray, Jerry Ray, James Ray, R. V. Brooks
BILL OF COMPLAINT: Bolivar H. Cooke & John P. White of Davidson Co. against L. Ray, James Ray, R. V. Brooks & A. M. Ferguson of Jackson Co. L. Ray owes money... 21 Sept 1869.
PROSECUTION BOND: Cox & DeWitt & A. B. Botts to Francis M. Anderson Frances Almeda Anderson Elisha Wheeler A. H. Morgan & F. M. Roberts, $200. 27 Nov 1869.
REPORT OF COURT: Appears to court that parties reconciled and are living together.
Following property was attached: Tract bounded by McCoin & others in Jackson Co., personal property, one town lot in Gainesboro... sufficiency be sold to pay court costs.
BILL OF COMPLAINT: Married about 20 years ago, resided in Jackson Co. nearly 20 years. Defendant John Coomer took a lewd woman and ran away with her... while they lived at Hog Camp in Jackson Co. She and defendant have the following children:
Charlotte Coomer 18, Letitia Coomer 17, Levi Coomer 15, James Henry Coomer 12, Letha Ella 7, Eliza Jane 5, Morrison Maxwell 3 and Cora Belle ten months. 23 June 1893. Polly Walker [her X mark] Coomer
BOND: Real and personal property to be delivered 3rd Monday in Sept 1893 pending hearing. 26 June, 1893. s/s John W. Coomer [as Principal]; J. H. Denis, E. A. [or C. A.] Brown, J. W. Stafford, J. H. Stafford [Security; all signed]
DEPOSITION : W. L. McClellan, was a traveling salesman for J. Cooney & Co. in 1907, adjusted and settled a debt which Canter & Richmond owed. Their books had been attached to pay off a hat bill. Did not understand bankruptcy proceeds had been brought against Canter and Richmond at Nashville. s/s W. L. McClellan
DEED OF TRUST: L. D. Canter & J. E. Richmond, composing firm of Canter & Richmond of Rough Point, Tennessee, convey to Sperry & Walsh Hat Co. all our books pending payment of a fire insurance policy by the German Fire Ins. Co. of Freport [sic], Illinois, with which we plan to pay debts.
DEPOSITION : N. B. Richmond, was present at the residence of R. V. Brooks when Canter & Richmond transferred accounts to J. Cooney & Co. Johnnie Richmond and his wife were living at my house. s/s N. B. Richmond
DEPOSITION : J. A. Williams, of lawful age, occupation Cashier, Bank of Gainesboro since July 1889. John E. Richmond had borrowed money at Bank of Gainesboro. [Signed] J. A. Williams
DEPOSITION : R. V. Brooks, was Vice Pres of Bank of Gainesboro in 1907. s/s
ANSWER: Elisha Canter & John Richmond to Bill of Complaint filed 12 Nov 1907 by J. Cooney & Co. Admit indebtedness. Had not received official notice of bankruptcy proceedings brought at Nashville. s/s Elisha Canter, John Richmond
ACCOUNT BOOK OF CANTER & RICHMOND:
Tom Carnahan $3.52, Joseph Murphy $5.93, Byrum Henson $2.65, Henry Sadler $.65, W. H. Long $1.99, Bill West $27.51, Sicero Pyron $2.39, John Law $8.02, John Canter $3.95, Harley McCoin $1.85, Sib Wheeler $1.00, James Sadler $1.08, Harrison West $3.90, Almond Henson $5.27, George Hix $4.40, Harlin Brown $36.19, Lee Burton $2.02, Wade Craighead $1.75, John McGuane $5.95, W. M. Long $19.06, Isac Gentry $3.85, Brant Wilson $2.20, Win Minchey $7.00, Len Jones $4.40, Alfred Sloan $2.54, Bose Carter $6.71, W.N. Jones $32.90, Benton Williams $6.40, Westley McCoin $5.05, G. Wilkerson $3.55, Joe Holloway $24.77, George Gilpatrick $5.75, Martin Ray $11.10, A. C. Howell $.80, Will Western $15.94, Sam Carter $2.58, J. J. Ray $10.84, George Gaines $3.79, McWillson $2.70, Byrd Sloan $4.65, W. W. Wilson $4.75, John Gentry $2.66, Tom Sisco $37.82, Bose Law $1.47, Bose Carter $5.68, Onie Wheeler $2.10, Will Dudney $13.82, P. J. Wilson $3.10, Harrison West $.85, J. M. Denton $.99, Clark Denton $.20, John Law $2.25, Guy Wilson $6.40, Dr. Clark $13.54, Onie Henson $9.39, Willie Bohannon $3.12, Bascom Mosley $8.05, Armer Carter $1.01, W. W. Wilson $8.09, Guy Wilson $1.01, Henry Mathis, $.75, Will Carnahan $11.32, Sisero Forkum $6.09, Larence Franklin $5.50, Fayette Stevens $.80, Hampy Sloan $17.90, W. C. Forkum $22.13, Kirk Forkum $7.37 1/2, Harrison West $2.97 1/2, Arklo Clark $10.85, Jim Majors $6.60, Murphy Craighead $.70, Eliza Law $2.40, Bill White $2.75, Mary Wilson $.37, Martin May $2.80, Jim Burton $5.95, Martin Carnahan $2.48, Frank Denton $2.56, Tom Williams $23.50, Wade Craighead $1.33.
ANSWER: Lansden Robbins... denies all, knows nothing. 17 Aug 1891. s/s L. Robbins
ANSWER: John L. Young. Purchased stock of goods & groceries on 5 Aug 1891 from Y. W. Williams for $500 on 2, 6 and 12 months time. Subsequent inventory indicated value at about $470, no fraud. W. T. Williams was not in Gainesboro at the time Respondent made the purchase, as he was on his Regular Drumming Trip, had no information. Charge that Respondent is insolvent is denied. Bill of Complaint is slander. 15 August 1891. s/s Jno L. Young
ANSWER: Yancy W. Williams to Bill of Complaint filed 10 Aug 1891. Charges false. A. G. Maxwell as agent of Complainant collected money and failed to report or account for same. Respondent's brother is W. T. Williams. 12 August 1891. s/s Y. W. Williams
BILL OF COMPLAINT: J. Cooney & Co. of Nashville against Y. W. Williams, John L. Young, Landon Roberts of Jackson Co., TN. Y. W. Williams owes Cooney & Co. $743.40. Y. W. Williams until recently engaged in selling drugs and whiskey and family groceries combined in Jackson Co. On 5 Aug 1891, sold inventory to John L. Young on notes. Y. W. Williams transferred one to his brother W. T. Williams and one to Landon Robbins, his uncle... attempt to hinder creditors.
DEED: Y. W. Williams and wife Tennie Williams sell to W. T. Williams one-fourth interest in following real estate in town of Dixon Springs, 4th District, Smith Co., TN. Begin SW corner of James T. Wilson store house occupied at this time by J. R. Hawkins, thence westward with road 73 feet to a stake, thence northward 240 feet to a stake, thence eastwardly 73 feet to a stake, thence southward 240 feet to a stake... being same land conveyed by David Burford to A. W. Williams 10 Oct 1850, deed registered Jany 1854, Book W pps 55 & 56, Smith Co., TN. 4 Nov 1890. s/s Y. W. Williams, Tennie Williams
Settlement 12 January 1892 recorded Wills Inventories & Settlement Book B, pps 575 & 576 and Book C, pps 117 & 118.
STATE OF TENNESSEE, OVERTON CO} There was due D. C. Masters as witness $13.50 as a state witness in the case of State of Tennessee against Samuel Lawson for murder... has been collected. 16 Sept 1892.
FINAL SETTLEMENT: Filed 3 March 1893, showed amount due estate of $10.52. Receipt signed 6 July 1893 by Fannie Mansters [sic]
NOTICE: Fannie Masters & Willie Masters, heirs of estate of D. C. Masters, will make final settlement on 3 March 1893.
ARBITRATORS ASSIGNED: W. M. Gailbreath, W. H. Whitaker, M. R. Chilcut, adjudge defendants indebted to plaintiff amount of $10.41 + $.50 interest. [Ends].
BILL OF COMPLAINT: Will Cooper is believed to be a resident of Kentucky. Married in Jackson Co. on or about 4 Feby 1910, abandoned Complainant after a short time. Asks rights of single woman be restored, name changed to maiden name of Greenarch.
Bonds of Matrimony dissolved 15 [blank] 1913.
Last Guardian Settlement recorded Guardian Settlements Book B, p 142, 1 June 1891. G. W. Cooper, guardian of Church Rogers, a lunatic or idiot.
Expenses include: Horse, household goods furnished by guardian, lease of land to be occupied by said Rogers [Appears to be sufficient funds, but no family information given]. 5 Feby 1892.
BILL OF COMPLAINT: Wm T. Cooper of Jackson Co. against Z. T. Terry & wife Sabrina of like residence and Thomas D. Fite, Wm Porter, Robert Lyle, Leonard F. Davis, Alexander Fite, Wm. Porter, Jr., partners doing business in the site of Fite Porter & Co; Joel W. Settle & Russell M. Kinnaird doing business in the style of Settle & Kinnaird; Wm Bransford [two pages of various firms, no relationships].
BILL OF COMPLAINT: Orator W. T. Cooper represents on 3 Sept 1881, defendant Z. T. Terry was indebted to co-defendants. Z. T. Terry executed deed of trust of land to secure debt, to wit: Two dwelling houses, two store houses and about six acres in Flynn's Lick bounded by Frank Cooper, Elizabeth Haile and others.
Also 40 acres on east bank of Cumberland River, known as Ft. Blount Ferry tract, purchased by Z. T. Terry from J. A. Prewitt, bounded by lands of M. R. Chillcut, Wm Agee & others, subject to lien to J. A. Prewitt of about $250 purchase money.
COURT DECREE: Confirming sale of land to pay debts. March term 1884 after being advertised in "Upper Cumberland" newspaper, the Ft. Blount tract about 17 acres sold July 1884. G. W. Gentry became purchaser at $591, executed note with James M. Loftis as security.
In this cause the death of S. B. McDearman was suggested & admitted... moved the court for an order on D. H. Armistead hereto appointed Receiver to make his report... show debts collected/due from the firm of Armisted & McCarver [No more].
FINAL DECREE: In the cause of Dorcas Copeland vs James Young, etal 13 July 1854, answer thereto of James Young and judgments proconfesso and other defendants, proof not met & complaint be dismissed, she paying costs. Appeal to Supreme Court at Nashville granted. 13 July 1854.
PROSECUTION BOND: Dorcas Copeland & Holland Denton for $400 to John Nelson, Jesse Nelson & John Kirby. 11 Jan 1853. s/s Holland Denton
BILL OF COMPLAINT: Dorcas Copeland obtained judgment against John & Jesse Nelson, about $172. Said defendants John & Jesse Nelson have no property in Tennessee. Is believed that John & Jesse Nelson, together with one [blank] Kirby have a drove of 15-20 horses and mules now in Jackson Co. to be sold in the southern market, wants attached & levied upon. 11 Jany 1853.
AMENDED ANSWER: John & Jesse Nelson to Bill of Complaint. Deft Jesse Nelson says he purchased for himself & John Nelson from the admr of James Marshall, deceased a debt of $270 against Josiah Copeland, deceased... now informed no judgment was ever rendered... George M. McWhirter as administrator of said Marshall [?and] Savanna [or possibly Jameson] Ray the administrator of said James Marshall, and the heirs of said estate the debt evidenced by note on said Josiah Copeland due [blank] 1841.
After finding to their astonishment no judgment had been rendered, removed the note from Clerk's office, brought suit against said Ray as administrator of Marshall, deceased for their use & benefit against Complainant Dorcas Copeland as administrator of Josiah Copeland. Said Josiah Copeland's estate is insolvent. 1 July 1854. s/s J. H. Nelson, John Nelson.
SECURITY BOND: Sum of $400 to release four head of horses, property of Jesse Nelson worth about $250 levied upon by Sheriff, complaint of Dorcas Copeland. [Signed] J. H. Nelson, John Kirby, William H. Jackson [No date; levy July 1852].
ANSWER: Jesse Nelson states he is now and was at time of filing by Dorcas Copeland a resident of Monroe Co., KY, did not know of Dorcas having judgment against him. The defendant and his brother John Nelson did once execute a note with Josiah Copeland as Security to Brooks. 4 July 1852. s/s Jesse H. Nelson
BILL OF COMPLAINT: Nancy Copeland of Jackson Co. against George Miles, Jarusha Miles, Sarah Ann Miles, John J. Miles Jr. and Jasper Miles, all of Jackson Co.
Calvin Miles who is now deceased became indebted in 186[blank], amount of $150 for a bay mare. Jarusha is the widow of Calvin Miles. Sarah Ann, John J. Junr and Jasper Miles are his only children and heirs at law, minors under 21. Calvin Miles died intestate in Kentucky in 186[blank]. Widow & heirs reside in Jackson Co. Deceased has an estate in said county, no one had administered. Deceased in his lifetime purchased from his father George Miles a tract of land known as the Censaboy Farm on Trace Creek of Barren River, Dist. 5, Jackson Co., adjoined by lands of George Miles, John J. Miles, Sr & others.
AMENDMENT TO BILL OF COMPLAINT filed 19 June 1867. John J. Miles Sr. she is informed is in possession of and claiming land, asks he be made a party to suit.
CROSS-BILL: John J. Miles vs Nancy Copeland, Jerusha Miles, Sarah Ann Miles, John J. Miles Junr and Jasper Miles. J. G. Coffelt is a material witness, about to leave the State to go to California, is a citizen of Kentucky but will be in Gainesboro on Thursday next. 5 July 1870. s/s John J. Miles
DEPOSITION: J. G. Coffelt taken 7 July 1870. Knew Calvin Miles, know John J. Witnessed bond signed by Calvin Miles 29 Nov 1862, made for Sensaboy Tract on Trace Creek at Barren River. John J. Miles paid Calvin a part of the money at that time, that is $150 paid in a mare and John J. Miles gave his note for the balance, and when that note was paid, George Miles was to make the right to John J. Miles. I am now a resident of Kentucky, shortly going to California to make that my home. s/s J. G. Coffelt
Deposition of J. G. Coffelt was excepted to because no notice of deposition was given to Nancy Copeland or her Solicitor. 24 Jan 1871.
CROSS-BILL: John J. Miles states he is owner of land by bond for title dated 29 Nov 1862. [No date]. s/s Gardenhire, Solicitor
[At bottom of page of cross-bill]: Complainant states by amendment that since filing of this bill, Jerusha Miles is dead and that Sarah Ann Miles, John J. Miles Jun and Jasper Miles have removed to Edmondson Co., Kentucky. George Miles also lives in Kentucky. 7 July 1869. s/s John J. Miles
ANSWER: George Miles to Bill of Complaint by Nancy Copeland. Knows nothing of indebtedness of Calvin Miles. That he gave to his son Calvin the tract mentioned as a deed of gift in 1857 or 1858 to the best of his recollection, understand deed has not been registered and it is not in his possession. Respondent does not owe Calvin Miles or his estate anything. Does not remember any witnesses, or if there were any witnesses. Afterward Calvin Miles told Respondent he had sold land to his brother John J. Miles and given him a bond for title and showed a note for the debt he owed of $150. 31 July 1867. s/s George Miles
OATH OF POVERTY: Nancy Copeland, Guardian to heirs of Thomas Price, deceased ... owing to poverty, not able to bear expense of action which I am about to appeal to Circuit Court by judgment rendered against me in favor of Thomas H. Butler for $10. Dated 15 March 1874. Nancy [her X mark] Copeland
DECREE: Heard 3 May 1875. Title of heirs at law of Thomas Price in land be divested out of them and into John J. McRoughan the purchaser, subject to widow's dower retaining a special lien until the purchase money is paid.
Nancy Copeland, Guardian of Mary Price, Thomas Price & Melissa Price, minor heirs of Thomas Price deceased, to T. H. Butler for $10.00 ... redemption of land sold for taxes by Z. M. Young.
ANSWER: Elizabeth Kernel to Bill of Complaint of David Griffith, Administrator of Nathan Price, deceased filed against Hiram Crabtree, Thomas K. Price, this Respondent and her husband Patrick Kernel & others. She is one of the heirs & distributees of Nathan Price, deceased. Has no interest in lands; joined with husband Patrick Kernel in conveying her interest to Thomas K. Price... believes Hiram Crabtree has since purchased same.
Thomas Price recovered judgment against John Vanhooser 11 April 1850 for $4.85, levied on land... 100 acres, being an entry made by William Loving and sold to Defendant 13 November 1838, Entry No. 2478 and joining another tract of land said Defendant now lives on and the lands of Ruben Bailey & others.
Supreme Court Decree December Term 1853. W. G. Darwin was security, no judgment be taken against him.
BILL OF COMPLAINT [Verbatim transcript]: To the Hon. Broomfield L. Ridley, Chancellor of the fourth Chancery Division of the State of Tennessee.
The Bill of Complaint and Review of William H. DeWitt of the County of Macon and State of Tennessee & Jackson Perry of Jackson county in said State administrators of Thomas Price, deceased also the said William H. DeWitt & wife Emelia Jackson Perry & wife Sarah R. Samuel T Griffith & wife Nancy William G Hufhines & wife Jane T all of Jackson County in said State
against Thomas L. Price and Elizabeth Price the last two minors of said county of Jackson and Micajah Price and Emeline Price, Sarah Price, James Price, Irwin Price & William Price of the State of Missouri.
Complaining your orators and oratrixes show unto your Honor, that a certain Luke L Price departed this life in the County of Jackson State of Tennessee sometime in the year of Our Lord 1837 having first made and published his last will and testament which has been duly proved and recorded in said county a copy of which will is here filed as exhibit A but need not be copied said Luke L Price died seized and possessed of some four tracts of land in said County of Jackson as is shown in the original Bill in this Cause and which is here referred to for description amounting in all to about 450 acres. It will be seen by the provisions of said Will that the entire estate except some specific legacies are devised to the widow of said Luke L Price during her life and at her death to one Luke Price a son of Campbell Price and the children of said now deceased Thomas Price to be equally divided among them. Complainants further show that said widow of Luke L Price died about the [blank] day of February 1844 That at this making of said will, the death of said Luke L. and the death of his said widow, the children of said deceased Thomas Price were the femme covert complainants and John K. Price more particularly described in said original Bill. Complainants here show and charge that said lst named complainants and their said husbands and said John K. Price are the only devisees that are entitled under said bill as the children of said Thomas Price deceased.
Complainants further show that about the 2nd day of November 1850 a portion of said Complainants joined in a Bill of Complaint with the said Thomas Price who was then living and filed the same in the Chancery County at Gainesboro in which they prayed for a sale of said land for division etc in which said Bill Samuel T Griffith and his wife Nancy were made defendants, the said Luke Price the son of Campbell Price was also made defendant, the said defendant Thomas L. was make complainant by his supposed guardian Thomas Price. Complainants further show that said Bill was taken for confesso as against the now complainants Samuel T Griffith & wife Nancy publication was made as to said Luke Price and a pro confesso order as to him - Complainants show that at the July term of said Court 1851 and order and decree was pronounced in said Court directing the Master to report whether said lands were susceptible of partition & the necessity of a sale etc and required to report instruction & which way done and a report made, that said land be sold that it would be manifestly for the interest of those named
for a sale etc that said lands were worth at least $700 said report being unexcepted to was in all things confirmed and a decree pronounced directing the Master to sell said lands on a credit of 12 months & take a note & return a lien etc & report to the next term etc complts show that the Clerk and Master reported to the March term 1852 that he had sold said lands to said Thomas Price for $700 on the 22 October 1851 on a credit of 6 months to said Price's note with security for the purchase money returning a lien etc Report confirmed etc and by decree of said Court the title to said lands was divested and vested in said Thomas Price etc upon the payment of the purchase money - and the master was ordered to collect said note when due and distribute to those entitled etc & the master to execute a deed etc and that said Thomas Price be appointed trustee for Nancy Griffith wife of complt Samuel T Griffith all of which will more fully and at large appear by the records and proceedings now on file in said cause
Complainants further show that about the 26 day of August 1840 said Thomas Price was married to defendant Nancy and that since said marriage there was born of said Nancy defendants Thomas L. on the 11 December 1844 - since which time Elizabeth defendant was also born of said Nancy Price that on the [day of October 1852 said Thomas Price departed this life intestate in said County of Jackson before the birth of defendant Elizabeth and that complainants William H DeWitt and Jackson Perry were appointed administrators of the estate of said Thomas Price at November term of 1852 of the county court of said County of Jackson. Complainants further show that defendant Thomas L. Price was born on the 11 day of December 1844 and defendant Elizabeth was born about [blank] day of January 1853 long after the execution of said will and after the death of said Luke L Price and his widow Abigail - Complainants show that said Thomas Price did not in his life time pay said note of $700 & the same is yet in possession of William H. Botts the clerk of said Chancery court for collection.
Complainants further show that John K. Price one of the children of Thomas Price who was in existence at the time of making said will has departed this life intestate without issue never having been married and that his heirs are the children of said Thomas Price above named
Complainants further show that Luke Price son of Campbell mentioned in said will has also departed this life intestate and that his heirs are his brothers and sisters to wit, the defendants Emelia, Sarah, Thomas, Irvin and William Price and Micajah Price
Complainants assign and show as error and cause of Review in said Cause.
1st After the time of filing said original Bill said Luke Price the son of Campbell Price was dead, that he died without the limits of this state as they are informed and believe intestate and without issue but that he left his brothers and sisters the said Micajah, Emeline, Thomas, Irwin, Sarah, Elizabeth and William his heirs at law who were all minors. These facts came to the knowledge of Complainants since said Original Bill was filed, so that said decrees are erroneous and void
2 Under said decree said Thomas L. and Elizabeth Price come in for a share of said land when on account of the estate being vested in the other children of Thomas Price deceased before their birth they are not entitled and said Thomas L. Price should not have been made a party to said original Bill.
3 A Trustee was appointed for complt Nancy Griffith without her knowledge or consent -
4 At the time of the Masters sale said land was worth at cash valuation at least $1000 and only sold for $700
5 Complainants charge that proper parties were not made, that minors cannot sell land by guardian
Upon all these grounds it is manifest that said decrees are erroneous upon their face and void.
Complainants contend that on the death of Abigail Price the widow of said Luke L. Price the estate vested in complainants if not at the making of the will - and that the after born children of said Thomas Price are not entitled.
That the testator evidently had in view at the time he made the devise the children of Thomas Price then in existence and not such as might be born of another vester -
Complainants ask for a construction of said will
The premises considered complainants pray to be permitted to file this Bill as an original Bill in the nature of a Bill of review That the proceedings and decrees made in said original cause be reviewed That copy & process issue that guardians be appointed for the minor defendants and publication made as to non residents - that defendants full answer make to the allegations herein contained and that the sale made if said lands by decree in said decree be set aside and that William H. Botts Clerk of said Court be enjoined from collecting said $700 and said be declared void.
And complainants pray for such other and further relief as their case may entitle them to-
23 May 1856 s/s Jackson Perry s/s B_ _ _ & Quarles, Sols.
[Note: The Last Will of Luke L. Price not included here as Exhibit, nor was Original Bill of Complaint mentioned, at least as far as I can figure. It may be on another reel - mlj].
OATH OF POVERTY: 6 Oct 1858, unable to pay expenses... justly entitled to recovery. s/s Alfred Cornwell
BILL OF COMPLAINT: Alfred Cornwell against Milton Draper, both of Jackson Co. About 1 July 1858, orator co-partnered with Milton Draper on a drove of mules... purchased 35 worth about $4500. He has been feeding, managing, preparing for market. They are now ready. Defendant is on verge of going south with them ... defeat Orator's interest in same. 6 Oct 1858. s/s Alfred Cornwell
Below depositions taken 24 June 1859 at Granville, Tennessee
DEPOSITION: Thomas J. Roberts 33. Saw Cornwell feeding the horses and mules in Granville, Jackson Co. Know Cornwell and Draper. s/s Thomas J. Roberts
DEPOSITION: Rollins Hogan, about 59. Sold Cornwell two mules, took note, Draper first then he and Myers as security. Draper paid the money. s/s Raulin Hogan
DEPOSITION: Jefferson A. Thomas, about age 47. Sold Cornwell a mule. He promised to bring a note on Milton Draper to Smyrna Camp Meeting. [Signed] Jefferson A. Thomas
DEPOSITION: White Myres, about 35. Mr. Cornwell, Mr. Draper's boys and one of his negroes and Dow Murry helped built the lot at the steam mill for the mules. The firm that owned the steam mill was composed of Hogan Bankman & Myers. s/s White Myres
DEPOSITION: John Bankman age about 48.
BILL OF COMPLAINT: F. A. Cornwell against J. W. Brown, both of Jackson Co. Complainant owns tract District 14 bounded north by J. W. Brown, east by Ben Taylor, south by lands of Smith Bros., west by lands belonging to estate of P. Maberry, being same bought from Woodfork heirs. Years ago agreed to erect pardnership fence with J. W. Brown. [Cause compromised, lawsuit dropped].
Depositions taken Feb 18, 1915:
DEPOSITION: A. C. Chaffin, age 29, live 11th Dist., am County Surveyor. [Signed] Abner C. Chaffin
DEPOSITION: R. R. Cox, will be age 61 on 23 April 1915. Live 40 or 50 yards from disputed land. Contracted for the whole tract, then let Mr. Brown and Mr. Harris in with me and we divided it. I rented it before that. Known it ever since old Add Dycus worked it - been about 30 years. There was a rail fence... Dave Shepherd's land & Francis Cornwell's land. R. R. [his X mark] Cox
DEPOSITION: M. A. Dixon, age 59, live 3rd Dist. B. F. Taylor bought his land from the heirs of W. N. Dixon. Was an elm tree that was the corner between W. N. Dixon's and F. A. Cornwell's. Uncle Bill Dixon said Wash Brown cut it down. He had a piece of plant that came off the J. T. Rhea when it sunk and he stuck it in the ground where the elm was. I am a cousin to complainant's wife. s/s M. A. Dixon
DEPOSITION: James Dixon, age 60, live 14th Dist, occupation farmer. Lived here since I was 14 years old except for three years. W. N. "Uncle Billie" Dixon... [Signed] J. R. Dixon
DEPOSITION: F. A. Cornwell, age 63, live 14th Dist, farmer. Bought land 8 Sept 1888 from Woodfolk heirs - we being W. N. Dixon & Haley Mullinax & P. Mabrey. Went into possession January afterwards. We divided land among ourselves, gave each other deeds.
COPY OF DEED: We, Henry R. Slack & Louisiana T. Slack his wife; W. H. Simrall & Sarah J. Simrall his wife; and Joseph B. Woodfolk of Parish of Iberville, Louisiana for the sum of $4800 this day sold... to W. N. Dixon, F. A. Cornwell, P. H. Maberry & H. C. Mullinax ... Lots 2 & 4 on Salt Lick Creek, Jackson County, Tennessee, being same land assigned to John S. Quarles & William Woodfolk and others... case of W. W. Lyon & others vs W. W. Woodfolk & others... conveyed to H. R. Slack and Louisiana T. Slack, W. H. Simrall and Sarah J. his wife and Joseph B. Woodfolk... Deed Book E, pages 82 & 83 and 84 & 85. Dated this 8 Sept 1888.
s/s Henry R. Slack, L. T. Slack, W. H. Simrall, S. J. Simrall, Joseph B. Woodfolk
Witness: Johnson Davis, J. B. Woodfook, Jr., Victoria Pawscian
HENDERSON, CORNWELL etal vs SHEPHERD, D. J. et al
ANNIE L. STEPHENS et al vs E. W. WILKINS, et al
[Several bills were filed by various attorneys before someone discovered a receiver needed to be appointed to receive rents, pay taxes. Few relationships given - mlj].
Came Annie L. Stephens, Eliza B. Stephens, A. L. Clark & wife Sallie Clark. All except Clark & wife are defendants. Receiver appointed to take charge of and rent land, pay taxes, etc. March term 1895.
Annie L. Stephens, Eliza B. Stephens & A. L. Clark & wife Sallie Clark own the lands, are to get rent.
COPY OF DEED: Dudley S. Wiggins to Ramsom R. White for $1.00, land in Dist 3, being 50 acres. Begin Donaho & Canter's corner... ridge running eastward... down the draw to a Spring branch and center of the Spring ... low gap to R. W. Wiggins line ... Isaac Wiggins' corner. This is made for trust and no other purpose. I am indebted to Cox & DeWitt for $75, judgment 19 May 1875; M. B. Young for $35 judgment 19 May 1875; also to A. M. Furguson $16 by account on 1 Aug 1875; also Dr. John S. Cornwell, $35 judgment; also Williams & Russell $32.13. If I should pay debts by 1 Nov 1875, this shall be void... should not, land to be sold for debts. Dated 27 Aug 1875. [Signed] Dudley S. Wiggins
ANSWER: Rachael Wiggins admits divorce and alimony suit, knows nothing about notes, liens, debts of D. S. Wiggins or deed to White as Trustee. Did collect 6 barrels of corn as rent for 1876, rented for 1877, has received nothing. Rachel [X] Wiggins
DECREE: 26 Sept 1882. Deed of trust signed by D. S. Wiggins, Rachael Wiggins had right of homestead by her then husband Dudley S. Wiggins .
ANSWER: D. S. Wiggins. Had been separated for some time from wife. Divorced, but not to save some of the land... no collusion, 1875 suit for divorce in Jackson County. [Signed] Dudley S. Wiggins
DEPOSITION: A. M. Ferguson, age 63. Am Dr. A. M. Ferguson, one of the complainants. Was owed for medical services to the family, including Mrs. Wiggins. Was present when they [Dudley Wiggins and Rachael Wiggins] agreed to division of land [in divorce]. Quit claim deed was made after the first divorce suit and before the last one.
Petitioner Francis A. Cornwell - 4 Decr 1891, pretended judgment was rendered against Logan Cornwell as principal and Petitioner as Security in Smith Co., Tennessee, void for want of sufficient authority. 31 May 1892.
POVERTY OATH: Logan Cornwell states unable to bear expenses of appeal. 7 Dec 1891. s/s L. F. Cornwell
BILL OF COMPLAINT: William P. Kinner, Silas C. Cornwell & wife Polly alias Mary Cornwell against
John C. Duke, Robert C. Kirkpatrick, Robert A. Cox, Richard P. Brooks & William C. Minor, all of Jackson Co., TN.
Previous to the marriage of Complainants Silas C. & Polly Cornwell, they entered a marriage contract. Polly conveyed her lands and negroes to William R. Kinner as trustee, separate from husband, recorded in Jackson Co., TN.
About 1 June 1860, Polly hired negroes Hiram and Bill to John C. Duke for $300, he was to feed & clothe. Said negroes are blacksmiths and worked for Duke as such. Said negroes are not subject to be attached for Duke's debts. Duke has not paid for their services. Said Duke left home about 3 September, has not yet returned... informed he left the country and his wife does not know where he is. Dated this 17 Sept. 1860. [Signed] Silas C. Cornwell
SUMMONS: To Sheriff of Smith Co. Summons John C. Duke to appear at Gainesboro, Jackson Co., TN, 2nd Monday in August 1866. Dated 2 Monday in February 1866.
Bill of Complaint of Silas Cornwell & Pleasant F. Cornwell, partners firm of S. C. Cornwell & Son against John Reeves of Jackson Co. and John Richardson of Smith Co., TN. Orators 3 Aug 1845 received judgment against Reeves before W. W. Woodfolk, a Justice of the Peace, for $96.49 & costs. Execution issued 6 June 1846, returned "no personal property found". Levied on land purchased by said Reeves from said Richardson on waters of Salt Lick Creek, 50 acres, bounded east by Wm Ramsey's land, south by William Woodfolk, west by lands of heirs of J. B. Woodfolk, north by the same. Orators informed most of purchase money paid. Ask Reeves & Richardson show what is still due... pay money on judgment or sell land to pay.
ANSWER: John Reaves & John Richardson. Notes paid for land as shown on Exhibit A... Richardson delivered [paid] notes to a daughter of defendant Reaves, extended time to pay balance in 1843. Respondt Reeves has suffered his co-defendant to live upon said land because is is old person, infirm & nearly blind and his wife also is infirm & insane and being his relations the wife of co-defendant being the sister of respondent's wife, respondent thinks it hard that he cannot bestow a little charity upon his afflicted relatives entirely at his own expense. 6 Aug 1848. John [X] Richardson, John [X] Reeves
DEPOSITIONS: Taken Smith Co., Tenn 14 July 1849 at house of Beamon Graves of Jubel Pate about 46, Randolph Rease 46, Patsy Ramsey 41 & Levi Canter 34.
Patsy Ramsey states Reeves has lived on the place he bought of Richardson about 9 years, doesn't know whether he paid taxes. Has raised the house higher, put a shingle roof on it, built a shed & cleared land.
Question: State if Reaves' daughter has not claimed all the perishable property on the place... to prevent creditors from getting it.
Answer: They have held the property, but for what purpose I do not know. Patsy [X] Ramsey
Beamon Graves states he was called by Reeves for arbitration between Reeves and Richardson about 4 or 5 years ago. Richardson wanted the land back again. Reaves said he must have his money back... he had paid for it... $80. Had a conversation with Reeves the day land was sold by John Young [?taxes] and Martin Young was purchaser for $5.00. Reeves told me if the girls should redeem it he would have no more to do with it. s/s Beman Graves
Randolph Rease stated John Richardson offered to sell him the land for $100. [Signed] Randolph Reace
Levi Canter heard Reaves say he had paid all but about $15 on land. s/s Levi Canter
Jubel Pate, had a claim on John Reaves, made some trials to collect, had it levied upon & John Richardson told me he would make it cost more than it was worth. I did not have it sold for fear of difficulty of getting in law with him. Richardson presented to me at that time he was in the habit of cloaking or covering over Reaves property to prevent collection [in response to question]. s/s Jubel E. Pate
ANSWER: John Reaves & John Richardson to Bill of Complaint. 18 Aug 1838, Russel Reaves bought of Respondent Richardson tract described for $250; notes due 1st June 1839, 1840, 1841, 1842 & 1843. Richardson accepted a bond to Reaves showing the nature of the contract. 26 June 1848. John [X] Richardson, John [X] Reaves
BILL OF COMPLAINT of Silas C. Cornwell against George McKinley, Admr of W. B. Nickens of Jackson Co. and Sampson McClellan, Admr of Andrew McClellan of Smith Co., Tennessee.
Orator states at the Decr term of Circuit Court, Smith Co. 1840, he and Pleasant Cornwell who has since deceased recovered against William B. Nickens a judgment of $589.21 plus interest from [blank] day/month of 18[blank] and costs. Afterwards execution issued to Jackson Co. where Nickens then lived, returned by Sheriff "no property found". Judgment remained in full force. Under court order, tract of land sold 4 Jan 1845 for $200 - proceeds to be applied to debt, then to payment of debt of $115.20 from July 1842 owing to Andrew McClellan and remainder to Orator's debt, so balance still owing. Said Nickens died intestate in Jackson Co. & defendant McKinley appointed administrator. Before Nickens died, he instituted a suit against Sampson McClellan as Admr of Andrew McClellan's estate, still pending at Nickens' death, now against McKinley as Administrator. Said suit is to secure to Nickens certain Negro property in possession of said Andrew at his death in trust for said Nickens... fraudulent... Negroes should be sold to pay judgment. 21 Nov 1854. s/s Silas C. Cornwell
PLEA: of Sampson McClellan to Bill of Complaint of William B. Nickens. Complainant [Nickens] filed 7 July 1852, process served on him [McClellan] in Jackson Co; was then and is a citizen of Smith Co. 10 Feby 1853. s/s Sampson McClellan
BILL OF COMPLAINT: William B. Nickens, a black man but free of the County of Jackson against Sampson M. McClellan, Administrator of Andrew McClellan of Jackson Co., TN. Orator shows he is a free black man of humble condition that he came to Tennessee some years ago and commenced working at his trade as cabinet maker, that he settled in the neighborhood of Sampson Williams in said [Jackson] county and married a black girl a slave the property of said Williams. Your Orator by his industry prospered & purchased his wife and accumulated some considerable funds. By solicitation of one Silas C. Cornwell he went to live with him to carry on his trade... being illiterate he confided all amounts to him belonging. He loaned to him and other members of the firm $200, that he worked constantly, received little or nothing and to his astonishment when accounts were settled, he was in debt. Cornwell obtained a judgment... levy on his wife and children, to wit Cynthia and Margaret, Mariah, Owen, Leathy and Malvina his children. Orator at the time was ignorant of laws. At the time of Cornwell's judgment his wife had only one child alive. The defendant's intestate had married the daughter of Sampson Williams, was wealthy and lived at the Williams place, that his wife, a daughter of Williams who was at the raising of your Orator's wife... not knowing what to do he went to said Andrew McClellan - that said McClellan promised to befriend him and save his wife & children, directed Orator to sign a bill of sale to him of his wife and child - that he would keep them for him until he could settle the Cornwell debt and gave your Orator a sort of bond for a tract of land which belonged to said McClellan who said there was no other way to save his wife & children. Your Orator greatly distressed & confiding in said McClellan done everything he said or told him to do, as if he was his slave. That McClellan still permitted him to retain his wife & children and told him that he did not want them. That some time after Cornwell sued him and McClellan, Mrs. Andrew McClellan got Judge Campbell to the Cornwell debt that he was to give him $30. Your Orator paid this in a yoke of steers and money. A short time before the death of Andrew McClellan he applied to him to have his wife & children. That McClellan was lying in bed weak & replied that it should be done but he was too sick now but if he died his wife Margaret would do it... like one Christain [sic] would do for another... truly the fact...believing it would be done by him or his wealthy widow. Your Orator never expected the land nor was it intended as a trade by either... led & guided by Andrew McClellan... believed all McClellan said...
Sampson McClellan as administrator is claiming Orator's wife & children as slaves of his intestate, that he threatened once to sell them but was prevented by the widow - that he is a great lover of wealth and can oppress your Orator who is poor.
Asks Sampson McClellan be enjoined from disturbing him in the possession of his wife & children & from selling or conveying... s/s Turney & Gardenhire
ANSWER: William B. Nickens to [Cross] Bill of Complaint by Sampson McClellan & others. True Andrew McClellan departed this life at time stated, and Complainant appointed administrator... understand there was a large amount of business to settle, cannot understand what these matters had to do with questions at issue in this case.
Respondent denies Cynthia and her five children were really in equity & in good conscience the property of Andrew McClellan. They are his wife and children and fell into the hands of Andrew McClellan in the manner stated in the original bill... great confidence in Andrew McClellan and when his wife and children were about to be sold into slavery, was induced to let McClellan have them. Respondent did hire [pay McClellan for their use], but because they were his family and would willingly have given all his earnings to have them with him.
He admits that his wife Cynthia is dead, but denies it was because she was not attended to as she ought to have been. Respondent did refuse to let the negroes go to Complainant as he had a right to do. Respondent never threatened to remove negroes beyond jurisdiction of this state... believes the whole thing just a pretense to oppress him. 10 March 1853. s/s Gardenhire & Turney, Sols. Wm B. [his X mark] Nickens
PROSECUTION BOND: Silas C. Cornwell & John P. Murray bound to George McKinley, Admr of William B. Nickens, and Sampson McClellan, Admr of Andrew McClellan, sum of $250. [blank] Feb 1855. s/s J. P. Murray
ANSWER: Sampson McClellan to Bill of Complaint of Silas C. Cornwell against him & others. Does not know anything of Complainant and his son Pleasant F. Cornwell obtaining judgment against William B. Nickens. Respondent states it is true William B. Nickens is dead and before his death filed a bill in Chancery against Respondent as administrator of estate of Andrew McClellan. Respondent filed bill against Nickens to deliver up slaves to him as property of estate. Before the hearing, Nickens departed this life. Since then, bills were returned in favor of him & against George McKinley, Admr of said deceased Wm B. Nickens. Nickens bill filed in summer or fall 1852. Answer was filed some time in 1853, two suits filed as a cross-bill... denies fraud. Slaves named Cynthia and the increase of Cynthia, Margaret, Alethia, Myra, Owen, Mariah. They are all dead except Mariah and Owen and an infant child called Margaret, a child of Margaret senior decd, which is being raised by hand as its mother Margaret died in childbirth. 30 May 1855. s/s Sampson McClellan
NOTICE OF DEPOSITIONS: To be taken 9 July 1855 of Littleton C. Collier, George Stout, John Clenius, Thomas D. Cassety & Nathaniel Terry.
ANSWER: Sampson M. McClellan, states it may be true that Complainant William B. Nickens came to Tennessee and settled in the neighborhood of Sampson Williams some years ago, worked as cabinet maker & making spinning machines, and married a black girl a slave of said Sampson and in a few years purchased his wife. As to said Nickens going into partnership with Silas Cornwell at said Cornwell's solicitation, knows nothing.
Respondent admits his testator married a daughter of said Sampson Williams and lived at said Williams place and was at the raising of Complainant's wife, and that Complainant's wife named Cynthia had one child named Margaret at the time Cornwell obtained judgment. Knows nothing of mutual understanding between Nickens and Andrew McClellan, requires proof. Believes was an absolute sale for sum of $400... what they were worth, Cynthia being somewhat unsound, subject to fits of derangement. Denies his intestate betrayed any confidence or perpetuated any fraud on Complainant.
Respondent... settling up as Administrator with the will annexed of testator, his deceased brother Andrew McClellan... found sundry notes for the hire of said Cynthia and her children from 1845 - 1850 (the year he died)... amounts $45 down to $30, and one or two credits or payments indexed.
Respondent proceeded to administer on estate of Andrew McClellan, qualified October term 1850. By provisions of Testate's will, some of his slaves were to be divided between his only legatees, his widow Margaret and two minor children, Sampson W. and Sarah Jane McClellan and some to be sold. Commissioners were appointed to allot said slaves, said slaves in dispute fell to the minors. Complainant put them up at auction for hire in 1851 and bid them off and gave note for security... holds bonds... be delivered to him on 25 Dec 1852 at Ft. Blount, Jackson Co., TN. Denies threatening to sell Cynthia and her children. Jun [or Jan] 17, 1853. s/s Sampson McClellan
ANSWER: [Verbatim] The separate answer of William B. Nickens to Bill of Complaint of Silas C. Cornwell and Pleasant F. Cornwell filed against him and Andrew McClellan in the Chancery court at Gainesborough.
This respondent saving and reserving to himself the benefit of exceptions &c to complainants Bill of complaint; for answer says - that it is true as stated in complainants bill that complainants received a judgment against him in the Circuit Court of Smith County for the sum of $589.21 and $9.81 costs of suit, but that he believes the same was a most unjust and unrighteous judgment for had justice been done him by the complainants he believes that he would not be indebted to them but a very small sum if anything at all - This respondent purchased the tract of land referred to in complainants bill from his co-defendant McClellan sometime in the year 1841 and agreed to pay the price of four dollars per acre for the same tract on the 1st day of July 1842 said McClellan made him a bond for a title to said land a copy of which is filed with complainants bill, which said bond sets forth truly the contract between himself and said McClellan - The price of said land amounted to $800 to be paid by this respondent in one, two & three years from the 1st day of July 1841, which was about the time the contract was made for said land - Some short time after the said McClellan made him a bond for a title to the land this respondent proposed to sell to McClellan the two negroes Cynthia and Margaret named in complainants Bill in part payment for said tract of land - Said McClellan accordingly agreed to take them at the price of $400 the said negro Cynthia was unhealthy and subject to spells of derangement of which he informed the said McClellan sometime before the sale and on that account he believed that the sum of $400.00 was a fair price for them. This respondent avers that the purchase of the said land from McClellan was fair and in good faith and not pretended and fraudulent as charged in Complainants bill. He also avers that the sale of said negroes Cynthia and Margaret to McClellan was also a fair and honest transaction done for the purpose of making payment for said land, and not done for the purpose of delaying hindering or defrauding the Complts in the collection of their debt against him as charged in Complts Bill. This respondent most positively denies that he told the complainant Silas C. Cornwell that the sale of the said negroes to McClellan was pretended and made for the purpose of frustrating the sale of them to satisfy the debt of Complts when judgment should be received on the same as charged in said Bill - This respondent most positively denies that in the purchase of the said land from McClellan or in the sale of said negroes Cynthia & Margaret to McClellan that he colluded with the said McClellan for the purpose of delaying hindering & defrauding the Compts in the collection of their debt against him. The purchase of said land and the sale of said negroes was fair and in good faith and done with no fraudulent intention whatever, much less to injure or defraud the complts. Respondent having fully answered the charges and allegations in complainants bill and denying all fraud, combination and collusion with the said McClellan as charged in complts bill, he prays to be dismissed with his costs in this behalf expended.
7 November 1843 s/s W. B. Campbell, Sol. for Deft. Nickens William [ X ] Nickens
DEPOSITIONS: 8 Apr 1844 of Roland C. Dill, James Draper, Whitman H. Patterson, Malachi Medders, Job Medders
Job Meadors, 51. Know land where defendant Nickens lives. Job [X] Meadors
William H. Patterson age 29. s/s William H. Patterson
Malachi Meadows 25, rented the land in dispute for four or five weeks from Draper. [Signed] Malachi Meadows
James Draper age 53, live Dist. 11, am the ?under commissioner for the district [testified re land value and property tax assessments]. s/s James Draper
Roland C. Dill age 40. s/s Roland C. Dill
BOND: I, Andrew McClellan bind myself to William Nickens a colored man - $1600 to be paid punctually for value... conditions that I have sold to William Nickens a tract in Jackson Co., Tennessee on Cumberland River... beginning small bluff 100 yards below the big branch running the river... meanders... so as to include the Ingraham field... run an eastwardly direction to James Draper's line. I am to make to said Nickens a good title... credit of two or three years, at $4 per acre when last payment is made. 1 July 1832. [Signed] Andrew McClellan
DEPOSITION: James Draper age 54, states he and John Graham have a grant for part of the land described; about 70 or 80 acres of land sold by McClellan to Nickens is contained in that grant. [No date]. s/s James Draper
DEPOSITION: James Pharris age 62, claims 25 acres that is included in boundary and entered in the name of my son Isham Pharris, grant 1200, 26 May 1827; Entry No. 845 [or 865?] dated Feby 1826, granted 8 May 1829, Registers Book D, Jackson Co., page 383. My grant does not cross the old lines claimed by Sampson Williams, think 25 acres included in the bond to Nickens. s/s J. Phares
DEPOSITIONS 27 March 1844 of:
Henry H. McClendon age about 30. Was present when McClelland sold land to Nickens. I have rented the land from Nickens. s/s Henry H. McClendon
Gabriel Hynes age 55, rented the Ingram field 1843 from Nickens, paid rent to him. Gabriel [his X mark] Hynes
Margaret Williams, age 60.
Question: How long have you known the negro girl Cynthia? Answer: She was born mine. I raised her and she was mine until after she married and lived on the plantation for several years after she married.
Question: Please state of her connections have not all died and what was her complaint? Answer: Her mother and three sisters have died with the breast complaint. Her husband said Cynthia complained of a pain in her breast.
When McClellan bought Cynthia, she was worth $200 and her daughter Margaret $200. William Nickens paid Sampson Williams $600 for her [Cynthia]. It has been about seven years since he bought her from Capt. Williams. She has two children. Negroes were very high when he bought her of Capt. Williams. s/s Margaret Williams
DEPOSITION: Hardy Hobby, age 58. Have seen marked boundary trees on disputed land. s/s Hardy Hobby
DEPOSITION: Jesse McClellan 73. Saw a marked tree 33 or 34 years ago - called Bonner's eastern boundary... followed the line with a compass. Andrew McClellan married a daughter of Sampson Williams. Jesse [his X mark] McClelland
DEPOSITION:: Margaret McClellan, feme covert, came before me and acknowledged she was willing to join with her husband Andrew McClellan... title to William B. Nickens... land. 25 Oct 1844. s/s Margaret Y. McClellan
DEPOSITION: Maria Hobby 43. Six years ago, heard James Draper tell Margaret McClellan that he would buy her land, but had no money. Defendant McClellan intermarried with Margaret Williams, a daughter of Sampson Williams. They had no children at singing bond [to Nickens] or previous to. s/s Maria Hobby
DEPOSITION: Thomas H. Botts age 25, am County Surveyor. s/s T. H. Botts
DEPOSITIONS: 20 April 1844.
Willis Dean age 30. Proposed to buy Cynthia and Margaret. Wm B. Nickens said he didn't want to part from them. s/s Willis Dean
Alfred Cornwell age 27. Was called on to witness a bill of sale between Wm B. Nickens and Andrew McClellan. s/s Alfred Cornwell
Augustin Thorn 68. Heard Nickens say he would die before his children should be in bondage to any man and that he had it fixed... lived about 250 yards from my house in 1839 and 1840. s/s Augustine S. [or L.?] Thorn
Ann Thorn 67. Cynthia's health was common good for a woman sucklin, though not as good as some... good cook. Ann [her X mark] Thorn
DEPOSITIONS: 2 May 1844
Henry B. Thackston, about 22, boarded with Wm B. Nickens 1841 & 1842, thought she was sick then. Nickens employed a girl to do the work. He hired a negro man and boy to work in the farm. Don't recall if she had a child before I went there or afterwards. [Signed] H. B. Thackston
Pinckney Law about 24. Boarded with Nickens in 1842 about seven months... Cynthia was sick. s/s Pinckney Law
Patrick H. Myers age 22. Known Cynthia 15-20 years while Sampson Williams owned her... lived about one mile; after Williams bought her, lived about 4-5 miles. Her health ws bad. s/s P. H. Myers
Polly Myers about 53. Was acquainted with Wm B. Nickens and his wife in 1836 and 1837. Lived 400-600 yards from me. Her health was not good. Polly [X] Myers
White Myers 19. Know Cynthia... brought her from Bagdad [Tennessee] last of spring 1842, health not good. Don't know that she spoke one or two words on the way... would just sit in the cart... different from her common behavior. Boarded and worked with Nickens at Bagdad 1840 & 1841. Nickens said he had bought a tract of land and given Cynthia in part payment. s/s White Myers
PROSECUTION BOND: William B. Nickens, David G. Shepherd, George W. McKinly & John M. Shirley to Sampson W. & Mary Jane McClellan for $2000. On 16 June 1853, Sampson M. McClellan filed Bill of Complaint against Wm B. Nickens for writ of injunction and attachment for following negroes - Margaret age 16-18, Mariah about 10-12, Owen 10-12, Letty 7 or 8 and Malvina 12-14 months.
BILL OF COMPLAINT: Sampson M. McClellan. Sampson W. and Sarah Jane McClelland, minor children and legatees of Andrew McClellan, deceased of Jackson Co., Tennessee. James Young named Executor, declined. I was appointed Administrator with will attached. Andrew died about 1 Sept 1850.
PETITION: Sampson M. McClellan, administrator of Andrew McClellan, on first Monday being 4 November 1850, to William B. Campbell, Judge of Circuit Court presiding. Andrew McClellan died about 1st of September 1850, made and published last will, named James Young as Executor, who declined to serve. Sampson M. McClellan appointed Administrator. Andrew McClellan died owning 1500-2000 acres on Martin's Creek, Jackson Co., TN and some 70 slaves, 13 in litigation. Widow Margaret and two children Sampson W. and Sarah Jane McClellan, minors. Special bequest of negro Diana to his sister Mrs. Judith Johnson.
Asks that special commissioners be appointed to divide slaves, and suggests James Draper, Milton Draper and Thomas B. Murray, Senr. Dated 6 November 1850.
Report of Commissioners appointed dated 27 November 1850, dividing negroes excluding those in litigation with Hardy Hobby:
Margaret McClellan, widow of Andrew McClellan (Names, Years, Valuatio):
Drury 71 150, Jinney 30 400, Anthony 34 1000, Mary 6 250, Claiborne 42 550, Jack 4 200, Shep 30 700, Ellen 5 200. Cage 14 600, Joseph 2 175, Sally & child Ben 42/3 200, William 8 350, Rachel 27 500, Wade 5 275, Charlotte 18 150, John 24 700, Rose 17 550, yellow Thomas 15 500
And to Sampson W. and Sarah Jane McClellan the minor heirs of said Andrew McClellan dect the following negroes to wit.
Mary 25 700 ,Neptune 25 750, Gov 18 700 Sam 23 675, Ridley 20 700, Armistead 30 650, Long Tom 15 650, Layton 22 900, Isaac 25 1000, Almira & ch Rich 23 650, Peter 25 700, Cynthia & ch Alethia 31 350*, Caroline & ch Jerry 30 400, Jim 5 275, Aveline & ch Lora 25 500, Polly 5 250. Priscilla & ch Rufus 25 650, Edmund 6 275, Ruth/ch Marlin & Adline 19 600, Harret 4 175. Ann 15 500, Green 4 225, Margaret 14 550, Mariah 8 275*, Jane 13 500, Owen 5 275*
[*] Wife of William B. Nickens, Cynthia Nickens, and three of their children, Alethia, Mariah and Owen.
BILL OF SALE: I have this day sold and do convey to Andrew McClelland for $400 a woman and girl slaves named Nynthia and Margaret... 14 July 1842.
Attest: Alfred Cornwell William B. [his X mark] Nickens
State of Tennessee, Jackson Co. On this 5th day of June 1854 the death of William Nickens late of the County of Jackson was suggested in open court... departed this life intestate, whereupon George W. McKinly is appointed Administrator.
[NOTE: A copy of the will of Andrew McClellan may be found on Reel #86: Johnson, Judith vs Johnson, John [divorce case].
BILL OF COMPLAINT: In file, not legible.
AFFIDAVIT: A. S. Hufhines makes oath that Joseph Carver, Complainant's Security is dead and his real estate has descended to his heirs, and his personal property is not sufficient to pay debts of the estate. 14 Nov 1879. s/s A. S. Hufhines
NOTICE TO SHERIFF: Willis Cornwell this day filed Bill of Complaint against Thos Hufhines, A. S. Hufhines, Wm H. Cowan, R. F. Richmond & W. H. Botts. Injunction from selling/disposing of property pending settlement. 2nd Monday July 1867.
[CROSS] BILL OF COMPLAINT: Adam S. Hufhines states on 30 Apr 1850 he purchased of deft Willis Cornwell a negro boy named Dick for 625; paid $225, balance due 1 June 1852 of $400, security on note George and Daniel Hufhines. Before note fell due, was transferred to Logan H. McCarver, who is the father-in-law of said Willis Cornwell. Defendant McCarver transferred said note to James H. Carver, which is this day due and will be collected unless prevented by Court.
At the time of purchase of said negro Dick, title was in dispute along with several other negroes... litigation in Smith Co., TN as to validity of the will of Frances Cornwell, deceased, from which will Willis Cornwell derived title to said negro. Although title to said Dick was warranted, Willis Cornwell is totally insolvent. Believes Willis Cornwell disposed of said Dick and other negroes in attempt to defraud, believes Logan H. McCarver, being Cornwell's father-in-law and being involved in litigation himself as Cornwell's guardian, and James Carver colluded.
INJUNCTION: Willis Cornwell filed Bill of Complaint that Thos Hufhines, A. S. Hufhines, W. H. Cowan and R. F. Richmond & W. H. Botts are indebted to him for $200 from 1862 plus interest... enjoin from selling goods. 2nd Monday in Feby 1867.
Commissioners assembled January term 1914, to hear Committee Report of line changes from 1870 to the present:
Acts of 1887, Chapt 102, line changed between Jackson & Clay Co. so as to annex to Clay a part of an island known as Brimstone Island.
Acts of 1903, Chapt 23, p 51, line changed between Jackson & Putnam so as to annex lands of W. C. Ashburn to Putnam Co.
Acts of 1905, Chapt 505 p 1117, line changed between Jackson & Smith Co. so as to detach lands of Elijah Canter from Jackson and attach same to Smith Co.
Acts of 1905, Chapt 239 p 513, line changed so as to detach lands of M. J. Julian from Jackson Co. and attach same to Putnam Co.
Same Act, Chapt 238 p 512, line changed between Jackson & Putnam so as to detach lands of Norral Chaffin from Putnam Co to the 5th Civil of Jackson Co.
Same Act, Chapt 197 p 415, line changed between Jackson & Putnam to detach certain lands from 12th Dist and attach same to Putnam Co.
Same Acts, Chapt 198 p 416, line changed between Jackson & Putnam so as to detach lands of J. L. Sadler from Jackson & attach to Putnam Co.
Same acts Chapt 199 p 417, line changed between Jackson & Putnam to detach lands of Sam Henby from Jackson & attach same to Putnam.
Same Acts Chapt 9 p 21, line changed between Jackson & Putnam so as to detach lands of F. P. Jarred from Jackson Co. and attach to Putnam.
Acts of 1877, Chapt ____ p 175, line changed between Jackson & Putnam so as to detach lands of W. W. Pippen, Ruben Whitson & W. C. Rector from Jackson & attach same to Putnam.
Acts of 1883, p 47, line changed between Jackson & Putnam Co so as to detach lands of Nathan Davidson from Putnam & attach to Jackson.
Same acts p 250, line changed between Jackson & Putnam so as to detach lands of W. P. Lewis from Putnam & attach same to Jackson.
Acts of 1883, p 51, line changed between Jackson & Putnam so as to detach lands of Nancy Owens, J. M. Mabry, J. G. Smith and John Smith, decd in the 10th dist & lands of W. J. Lewis in the 7th Dist from Jackson Co and attach same to Putnam.
Acts of 1909, Chapt 167 p 596, line changed between Clay & Jackson Co so as to detach land of Esibious Rich from Clay Co and attach same to Jackson Co.
Same Act, Chapt 306 p 1118, line changed between Jackson & Clay Co so as to detach land of Erivios Rich from Clay Co and attach same to Jackson Co.
Acts of 1889, Chapt 109 p 214, line changed between Jackson & Putnam so as to detach lands of T. L. Maddux & that part of the lands of J. P. Whitefield that lies in Putnam Co. from Putnam Co. and attach same to Jackson Co.
And to detach that part of the land of R. L. Maddux & T. J. Lee that lies in Jackson Co. from Jackson Co and attach same to Putnam Co.
Acts of 1893, Chapt 102 p 209, line changed between Jackson & Putnam Co so as to detach lands of W. J. Bratlet [sic] from Jackson Co and attach same to Putnam Co.
Acts of 1895, Chapt 116, p 187, line changed between Jackson & Putnam Co so as to detach lands of Sidney Sutton from Jackson Co and attach to Putnam Co.
Acts of 1901, Chapt 242 p 510 line changed between Jackson & Putnam so as to detach lands of J. L. Sadler from Jackson and attach to 12th Dist of Putnam Co.
Same Acts Chapt 262, line changed between Putnam, Jackson and Overton Counties, so as to include all the lands of Sampson Bartlett, in the 15th civil district of Overton County.
As to the amount of lands taken from Jackson to Putnam County in the changes heretofore made, we have endeavored to ascertain the amount and value of said lands, the very best we could and have it only by estimation, from 1500 to 1700 acres of land on Martin's Creek and its tributaries, valued about $50,000 was taken from Jackson to Putnam County, the lands taken from the 10th district of Jackson County is estimated to be worth about $10,000, besides other changes in which we have failed to get an estimate of the value of said lands, but supposed to be something like $5,000.
s/s J. W. Chaffin, ?O. G. Fox, J. L. McCarver, Committee
Defendants Dick Forkum & James Jones enter "Not Guilty" pleas to Assault & Battery Charge brought by W. H. Cowan, state self defence. 17 May 1875.
BOND: Dick Forkum, James Jones & J. N. Hix to W. H. Cowan of $500, 15 April 1875 for release of attached personal property, one gray ____?, yoke of oxen, 10 bbls of corn, one bay mare.
W. H. Cowin on oath, states Dick Forkum & James Jones indebted $1,000 to him, Assault & Battery, 2nd Monday in Jany 1875.
Joel Forkum summoned on behalf of plaintiff, refused to attend.
Defendants summoned Lee Sadler, William Birdwell, besides the following: Hubbard Scico [?Sisco], L. H. McCarver. [No depositions/testimony].
Wade Cowan & wife Louisa, Alexander E. Hogan, Wm R. Dillard, D. C. Dillard & Iter Dillard, the latter six minors by next friend Wade W. Cowan by attorney against
Albert Stanton & Alexander B. Holleman, Trespass & Ejectment.
16 July 1869, plaintiffs owned tract bounded: Begin Henry Sadler's corner in Rollins Hogan's south boundary to Thomas J. Lee's southeast corner... road leading down Martin Creek to Granville crossing branch... road crossing Martin's Creek... Susan & Elizabeth D. Holeman's boundary line, west to W. B. Holmes corner on hillside, south to top of ridge between Martin's Creek & Cumberland River... corner Wm B. Holmes, D. G. Shephard, Wm Holiman and this tract. Southeast passing formerly Washington & Clark's corner... Clark's line extreme height of ridge between Martin's Creek & Indian Creek, down low Gap in ridge... hillside near the Foster place now owned by F. M. Goolsby, east to Goolsby's northeast corner to line of 35 acre tract bought by R. Hogan of Jno K. Sadler to the beginning Henry Sadler's corner, being about 350 acres, same land on which Albert Stanton now lives. January term 1875.
Defendant Albert Stanton makes oath that A. J. Clark, Security on prosecution bond, does not have good & sufficient funds. 17 Sept 1875.
John Coward of Jackson Co., TN against Susan Isabella Coward of Kentucky. Married 6 June 1872, Todd Co., KY, together to 9 June 1873. He left Todd Co., KY to remove to Jackson Co. to better make a living for wife & child. She refused on any condition. Believes her guilty of acts of adultery before and after 9 June 1873. She is at this time living with Neff Bailey... feels this was the reason she refused to come. One child a girl age ?two years... defendant has abandoned said child and sent it to your Orator by the father of your Orator. Dated 22 Sept 1875. John A. [X] Coward
DEPOSITION: J. T. Clark, aged 28, known parties four years. Plaintiff moved 9 June 1872. s/s John T. Clark.
DEPOSITION: Mary Clark, know parties. Does not know positively of adultery between defendant and Neff Bailey... good reason to suspect. Mary E. [X] Clark
25 Sept 1876, cause heard, granted, custody of child [not named] to Complainant.
WITNESS: John M. Cox age 23, am son of Complainant A. M. Cox and nephew of J. F. McCue, deceased. J. F. McCue lived at my father's house 5-6 years prior to his death. Bad health several years, consumption. Confined to bed four months. Believe worth $200 to board him the time he stayed there. John M. [X] Cox
DEPOSITION: John G. Howell age 61, live Highland, Dist 3, Jackson Co. Know parties. Me and my wife went to A. M. Cox's to see Frank McCue 2-3 weeks before he died. Lizzie is A. M. Cox's wife. Lizzie & Mattie are sisters of Frank McCue.
He said the way Alex and his wife had treated him that it would take it all [real and personal property] to pay them.
DEPOSITION: W. H. Draper, age 48. Live Wartrace Creek near land owned by J. F. McCue, deceased and Mattie McCue.
DEPOSITION: A. M. Cox states F. M. McCue died 2 July 1905, I was appointed Administrator. He was a single man. His father and mother were both dead. There are five brothers & sisters entitled to distributional shares, to wit R. L. McCue, brother; Mattie McCue, sister; Lizzie Cox, a sister; one brother W. S. McCue and one sister Mary Jane Hall died and left children living.
Estate is insolvent. J. F. McCue owned one-half interest in land with his sister Mattie who paid $300, is joint owner; 60 acres worth about $1000.
W. S. McCue, deceased brother of F. M. McCue, had seven children:
W. C. McCue, C. S. McCue, Robert McCue, Bonnie McCue, Lola McCue, Corbin McCue, Clifton McCue, all minors, residents of Macon County, TN.
Mary Jane Hall, deceased sister of F. M. McCue, had five children:
S. F. Hall, J. K. Hall, Lillie Hall married Samuel Huddleston, Lou Hall married James Shoulders, Maggie Hall married Charles Carver.
Joseph Lynn absconded owing money, no property found in Jackson Co. Judgment of Mariah C. Gailbreath 14 Decr 1867, $7.10. Dated 15 Dec 1868.
Bill of Complaint of Cox & Draper vs Dudley B. Haile, Nicholas P. Haile & wife Nancy Haile, Bartlett A. Fox & wife Abetha Fox, Sallie Ann ?Cray, Julia Fox, William Fox & wife Letty Fox, Amon Haile a minor son of John Haile deceased of Jackson Co. Also following heirs of Thomas Haile, deceased, to wit Joshua Haile Jr. of Overton Co., Nancy Haile, Elisabeth M. Haile, Harriett E. Haile, Margarite L. Haile, George G. Haile, Charles Haile and Jenny L. Haile of Jackson Co., the last five minors under 21, Elvis L. Haile of State of Indiana & Thomas R. Haile of State of Texas, Amon G. Haile, George Haile, David Haile, John W. Raglin & wife Peggy & Joshua Haile Senr from State of Georgia and three minor children of Jane McClendon, names not know of the State of Illinois.
[blank] Septr 1867 Amon Haile Senr died intestate. Land on Flynn's Creek adjacent Pinckney & L. H. McCarver & Joshua Haile Senr and others. Defendant Amon G. Haile is a son of said deceased, entitled to interest or share... about 1/14th. Amon G. Haile is indebted to Orator for $50 by judgment Circuit Court, Jackson County, 1860. Ask real estate be sold. 9 Septr 1867.
CLERK & MASTER'S REPORT: Interlocutory Decree 6 April 1869 ordered land sold, high bidder was T. J. Draper... land which is father Thos L. Draper died seized & possessed on Jennings Creek, Dist 4, which is now occupied by the widow, bounded by Wade Graves, Strodes heirs, Joseph Crabtree & others, being a child's part or undivided 1/8 of all the land including 1/8 reversionary interest in his mother's dower. Complainants Cox & Draper became the purchaser.
BILL OF COMPLAINT: R. A. Cox & James Draper of Jackson Co. against
Brice Draper of Smith Co.; Jefferson Draper of State of Missouri; Adison F. Draper of Missouri; James Draper Jr of Texas; Jane Evans & Edward Evans, of Putnam Co., TN; Milton Draper, Lawson Draper, Sarah Draper, Elizabeth Draper of Jackson Co., TN; J. C. Brown of Jackson Co.; and Marinda Swearingin of Putnam Co., TN.
Defendant Marinda Swearingin received judgments against defendants Jefferson Draper and J. C. Brown [blank] 1863 before Thaxton Carter, J.P. for $100 and costs now in hands of James M. Richmond, Carter's successor.
Marinda transferred judgment to Cox & DeWitt. Defendant J. C. Brown is insolvent, filed bankruptcy. Defendant Jefferson Draper is non-resident of Tennessee. Said defendant Jefferson Draper is a son of Thomas L. Draper now dead. Died intestate 186[blank] in Jackson Co, owned land in District 4 on Jennings Creek, bounded by land of James Strode heirs, O. Hudson, et al. Widow & defendant Elizabeth Draper has been assigned homestead and dower.
Defendants the Drapers and Evans and wife are the only heirs of said deceased and are eight in number. Jefferson Draper entitled to 1/8 plus 1/8 in remainder interest of widow, asked it be attached.
AMENDED BILL OF COMPLAINT: Draper & Cox against C. C. Price of State of Kentucky, Absolum Johnson of State of Texas and S. Watson, Trustee, Bank of Gainesboro. Cox & Draper in 1858, 1859 & 1869 engaged in practice of law in Jackson Co. Cox & Draper were frequently employed by C. C. Price, owes them money and if anything surfaces belonging to Price, they are due fees.
BILL OF COMPLAINT: Married Barren Co., KY March 1906, shortly after removed to this state. Separated 1909 when they were living in Oklahoma. Complainant wanted to remove with her to State of California, she declined and returned to Tennessee, lived apart since. Constitutes desertion on her part. After her return she began keeping company with Ammon Jenkins, removed to Kentucky together, living there together as man & wife. [blank] Jan 1913.
WITNESS: Rom Kirby 21, Willette, Tennessee, farmer. Known Jno M. Cox all my life, lived 2-3 miles. Last time heard of Candis she was at Bowling Green. Rom [X] Kirby
WITNESS: W. S. Carver, 25, live Willette, farmer, known Jno M. Cox all my life. Candis has been indicted for lewdness & selling whiskey. She has been married four times. All the men are living. s/s W. S. Carver
Homer Huddleston 27, live Willette. Alford [X] Dycus. S. R. Russel, Haydenburg, TN, farmer.
End of Reel #61
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Jane
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