Jackson Co., TN Loose District/Chancery Court Papers Reel #67
Dowell - Draper, S.

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

GUARDIAN'S SETTLEMENT 23 June 1909 with R. H. Dowell, guardian of John T. Brooks heirs, Grover Brooks & Squire Brooks being the only heirs at law and each being over 21 years of age, and this is the final settlement.

Settlements: Guardian Settlement Book C, p. 91; Willis & Admins Book D, p. 155; Settlement 13 Nov 1902, Will & Inventory Book D, p. 82.

Settlement 11 Feby 1908 with Grover Brooks.

GUARDIAN EXPENSES:

To C. W. Gardener for tuition and board at Nashville 14 Apr 1904 for Grover Brooks, $54.00.

Receipts from S. J. Brooks for his part of the estate, 29 Sept 1903 & J Jany 1904.

ESTATE EXPENSES: [Ferry] charges, John T. Brooks to W. H. Daniell, year 1901:

March 9th setting Brooks boy over River going to mill .10

March 10th setting John T. Brooks & horse over Cumberland River .20

May 27th setting John T. Brooks & horse over Cumberland River .20

June 27th setting B. ?Fenn over the River after Doctor for J.T. Brooks .10

Oct 12th setting Roy Holleman & team after coffin for John T. Brooks .50

INVENTORY & SALE OF PERSONAL PROPERTY, 2 Dec 1901, purchasers were:

A. L. Holleman, C. W. Ramsey, O. W. Eller, D. C. Mainor, John Jelicorse, Milt Dixon, John Sircy, Mat Phillips, W. H. Allen, H. R. Roberts, L. B. Mainor, Alex Clemons, Sid Dickens, J. B. Thomas, Pony Thomas, Walter King, T. Harris, Vance Sircy, Allen Gore, P. J. Burton, J. S. Thomas, Tom Huse. [Itemized list on file includes each item/price sold]. s/s R. H. Dowell

INVOICE: Dated November 13, 1902, from Geo. G. Haile [attorney] for services rendered in the case of L. P. Mainor vs J. T. Brooks and of State of Tennessee vs Esq. Brooks for Exposing his person.

DEPOSITION: of Bird Anderson, stated he was not acquainted with the Caleb Anderson 50 acre tract. J. T. Anderson bought 30 acres of Caleb Anderson, and I bought it from J. T. Anderson, then bought 20 acres from Caleb making 50 acres which I own. My boundary joins W. G. Dowell's land. s/s Byrd Anderson

DEPOSITION: of W. P. Dowell: I am the son of Complainant and know parties to the suit. The tree was blown down that marked the line... joined at Job Meadows corner of his 50 acre tract. W. P. [his X mark] Dowell

AFFIDAVIT: Wm E. Jones states the security on prosecution bond, Henry Frizzel & Sam Steadham, are not solvent. 7 Feby 1891. s/s Wm E. Jones

NOTICE: Wednesday 6 Feby 1889, W. G. Dowell vs W. E. Jones and Malissa Harrison, Clerk of Court will take proof for purpose of supplying the lost papers.

CASE HEARD: On appeal by Supreme Court of Tennessee by transcript, 7 March 1890. Without deciding the issue, Plaintiff should have had the right to give bond, and reversed lower court's dismissal of case. Decr term 1889.

NOTICE TO SHERIFF: W. G. Dowell filed Bill of Complaint against W. E. Jones, J. W. Smallwood, Charles Hopkins, Z. T. Terry, J. O. Hopkins, W. Jones and W. H. Richmond. He is the owner of land in Dist. 11 bounded south by Peter Paulk, east by J. T. Anderson, north by R. P. Brooks, west by Robert Wade & others and that W. E. Jones, W. H. Richmond, W. Jones and J. W. Smallwood have completed frequent acts of trespass.

DEPOSITION: Edward A. Brown states he made a contract with William Lawson to help him haul out logs. Edward A. [his X mark] Brown

Case continued to July 16, 1879.

DEPOSITION: James E. Wheeler Jr. age about 23. Was present when W. E. Jones sold about seven logs near Ft. Blount Jan or Feby 1879 belonging to W. G. Dowell. Was by execution [court ordered sale]. James Smallwood purchased, believe for $7.30. Charles Hopkins also bid. Five poplar and the rest walnut. s/s James E. Wheeler, Jun.

DEPOSITION: William Lawson [no age]. Bought the contract to haul out logs from William Keith, then saw W. G. Dowell and asked him if it was all right. He okayed. Brown and I hauled them out next spring. s/s William Lawson

DEPOSITION: Thomas B. Upchurch age 33. I have read most of the Grant No. 3118 from the State of Tennessee to John Graham and John Brown, don't know the exact boundaries. I think my uncle Gillum Upchurch showed me one of the corners.

Gillum Upchurch and heirs and widow of Thomas Upchurch claims land on the east... a little distance from James W. Meaders land. s/s T. B. Upchurch

Continued to 19 July 1879.

DEPOSITION: Randle Gipson age 19, know parties. Mentioned "Gravely" or "Grundy" Dowell. Randolph [his X mark] Gipson

DEPOSITION: Winchester Dowell, about age 21. Know parties to suit. I live with my father W. G. Dowell, was 21 years old the 18th day of last month. s/s Winchester Dowell

Continued to 25 July 1879, depositions to be taken at the school house at Flynn's Lick.

DEPOSITION: Absolum Taylor about age 70. Know parties, have known the place where W. G. Dowell lives for 10-11 years. James Medders is said to be living on W. G. Dowell's land, he went there last winter after New Year's day. W. G. Dowell bought the land from Peter Polk & James Hargess. Balance is known as Shepherd land, over towards Flynn's Creek.

Have not heard anything about Charles and John O. [Oda] Hopkins rafting out Dowell's timber. Absolum [his X mark" Taylor

BILL OF COMPLAINT: Walnut and yellow poplar taken off my land... Charles Hopkins and his brother John O. Hopkins.

DEPOSITION: John Upchurch 29. Know parties and land. Gillam Upchurch, my father... portion of land known as Gillam Upchurch hollow was purchased from Hillard J. Adkins. W. G. Dowell's character is mixed. 1 Aug 1879. s/s J. M. Upchurch

DEPOSITION: Gillum Upchurch age 70, know land. Caleb Anderson owned it when I first became acquainted. He died seized and possessed of the land. His heirs were Elizabeth Adkins, W. C. Anderson, Hillard J. Adkins, Charles Anderson, Jane Henry, Nancy Parish and Caleb Anderson, Mary Allard, Manervy Wheeler, Rody Upchurch and Gillam Upchurch. The land was divided among Caleb's heirs. W. C. Anderson let Hillard J. Adkins have his share, and Hillard sold it to me about 1840. 1 Aug 1879. Gillam [his X mark] Upchurch

DEPOSITION: John Upchurch 29. Know parties and land. Gillam Upchurch, my father... portion of land known as Gillam Upchurch hollow was purchased from Hillard J. Adkins. W. G. Dowell's character is mixed. 1 Aug 1879. s/s J. M. Upchurch

DEPOSITION: Thomas Upchurch 34. Know parties to suit, known land since I could recollect. Gillum Upchurch and Thomas Upchurch owned lands in the hollow above Gillum. s/s Thomas Upchurch

DECREE: John Brown owned land by Grant 3118. He sold it to D. G. Shephard. James M. Shephard died and Eliza J. Shepherd and others filed for sale of land and distribution. B. J. Farrar was the special commissioner to sell land. We find he did not sell the land described in the Grant 3118, but sold land according to the decree, as described in said decree. We don't know if it is a mistake of the draftsman or not. We find in favor of the Defendant.

BILL OF COMPLAINT: W. G. Dowell against Wm E. Jones and B. J. Farrar. John Graham and John Brown owned Grant 3118, dated 4 July 1833.

John Brown sold the entire tract to David G. Sheherd. David G. Shepherd, by Last Will & Testament, bequeathed it to James M. Shepherd and subsequently died.

Afterwards, James M. Shepherd died and Eliza J. Shepherd filed to sell lands for distribution of money among the heirs of James M. Shepherd.

B. J. Farrar was appointed special commissioner and sold the land 6 May 1875. 15 December 1883 a deed was made to complainant by B. J. Farrar. The deed stated Grant 3111, when in fact it was Grant 3118 - a mistake without fault or negligence. Defendant Jones, relying on discrepancies, has fraudulently taken possession... cut and hauled valuable timber.

DEPOSITION: T. B. Upchurch, no age given, taken 3 August 1892.

Question: Do you know the Grady [or Grundy] Dowell tract?

Answer: Yes, sir. I have been helping Dowell some in this suit [as solicitor], but not now. Don't recollect the date I sold Wm E. Jones timber ... after Father died... Gillum Upchurch and my father...

Question: Did you tell Duke Medders that Charley Hopkins was one of the Upchurch heirs?

Answer: I did not. s/s T. B. Upchurch

DEPOSITION: D. J. Shephard. I am a son of James M. Shephard and nephew of David G. Shephard. David G. Shephard died in 1870, before the court house burned in 1872. He made a will. My father was entitled to one share. Understand the case of Eliza J. Shephard vs Kate Shephard in this case embraced the heirs of David G. Shephard. [Signed] D. J. Shephard

DEPOSITION: W. G. Dowell, am the complainant. I sued Malissa Harrison for trespass & Wm E. Jones had himself made a party and claimed the land. William E. Jones had Grant No. 13093 dated 2 Decr 1881. [John] Graham's 50 acre tract was Grant No. 1255. s/s W. G. Dowell

DEPOSITION: E. L. Jackson, occupation farmer and Jackson Co. surveyor. Know Graham and Brown Grant... surveyed every line in it twice I reckon and some of them more than that. First time in 1871. The Grant has 31 lines in it.

Squire Jack Brown who entered it showed me the beginning corner. He is now dead. Surveyed the land by grant... could not use the decree or deed because of the conflicting calls. s/s E. L. Jackson

DECREE: Elizabeth J. Shepherd and others vs Kate Shepherd & others, decree confirming sale 31 May 1875, land belonging to D. G. Shepherd, deceased being the Brown & Graham tract on Big Branch. B. J. Farrar appointed April term 1871.

On 6 May 1875, in the town of Flynn's Lick, land sold described as follows:

... corner with poplar, walnut and ash trees... bounding tract entered in name of Meredith Jones... Sampson Williams' southeast corner... sugar tree on the river bluff... 305 acres... W. G. Dowell being highest bidder on 12 Feby 1892 [Plat map on microfilm].

BILL OF COMPLAINT: W. G. Dowell of Jackson Co. vs W. E. Jones of Jackson Co. and B. J. Farrar of Davidson Co. W. G. Dowel is owner of land [lengthy metes & bounds by trees legal description].

ANSWER of William E. Jones to bill of complaint of W. G. Dowell. Legal description of land sold by B. J. Farrar as Special Commissioner is incorrect.

TO SHERIFF OF CLAY CO: Summons James T. McCalgin & John Savage to appear 4th Monday in April 1873, Jackson Co.

JUDGMENT: Defendant failed to appear, judgment pro confesso for Complainant. Title to following tract to be divested out of McCalgan & Savage and into A. W. Draper: District 6 of what was Jackson Co. but now is in Clay Co. on waters of Procters Creek of Cumberland River on the north side of said River adjoining land of David ?grace, Abraham ?Reeves being the lands formerly owned by Savage & Mulkey containing about 290 acres, some on which John Savage now or then resides.

BILL OF COMPLAINT: A. W. Draper against James T. McCalgan & John Savage, citizens of Clay Co. November term 1869, he recovered a judgment against James McCalgan by confession, $300 plus $3.00 costs, levied on McCalgan's land in Jackson Co.

BOND: We Walter Draper as Principal & his Securities are indebted to C. C. Draper $316.00... condition that when C. C. Draper has filed her cross bill of Complaint against M. H. Draper for divorce and alimony and Walter P. Draper as a party to the suit [lists personal property that has been attached; livestock, lumber, wagon, etc.]... 20 October 1900. s/s W. P. Draper, s/s P. E. Wood, s/s A. R. Draper, J. M. [X] Draper

ORDER TO ATTACH: Land known as Carter hollow, Dist 3, Jackson Co. bounded west by P. E. Wood, [edge turned down; ____] Davenport, south by Martha Carver, north by M. H. Draper ____. Also valuable timber being on the Martha Carver dower lands.

ANSWER: M. H. Draper to amended Bill of Complaint of C. C. Draper filed Aug 3, 1900 and Oct 15, 1900. Denies complainant has been kind and dutiful wife. This is the 4th time complainant has left defendant, he never gave her any cause. At one time not long before she left, she boasted she had been married twice and that she intended to marry seven times before she died.

Respondent says he has at times called her hard names, was kind when she would permit him to be. She would curse and abuse respondent and his children by his first wife... he would be provoked and call her names.

In regard to respondent saying she was unfaithful... she would visit and associate with a lewd & lascivious woman in the neighborhood, bring her to their home and he would remonstrate with her. She would become enraged and say she would go where/do what she pleased.

When she came back last time, she said she would not continue to act like she had been and would give him no cause to complain. She said that her mother and her brother Alfred Carver were the cause of her leaving, and she said she would no longer listen to them. Was not back long, same old thing over again.

His discharging a pistol was accidental... there was no fuss... he did not threaten to shoot her... did not strike her with a pistol, choke her or knock her against the wall.

Untrue he tried to kill complainant's brother or cousin and if he had it would not be a cause for divorce.

The charge he forced her to go nude into the woods at night to a place he ?charged her with meeting Charley Carver is untrue, he requires proof.

She would not allow him to control the children.

Regarding the instance when she said he shot through the ceiling... same as aforementioned.

Regarding discharging a pistol in the yard... she wanted the pistol... said she was going to kill Ike Newberry... he got it to keep her from getting it.

Respondent's brother Alfred Carver came by her house the evening before she left. Complainant followed her, said she could go, but he would keep the child, and took the child out of her arms and she said she would spill the last drop of her blood before she would be parted from her child and turned around and went back with him. Respondent did not threaten her or child.

The house place is ridge land, 250-300 acres. The Carter land contains something over 100 acres. He did own the Martha Carver reversionary interest in the Martha Carver homestead and dower. A portion of this he sold to Wade Draper some 2-3 years ago, still owns a part.

Land is charged with about $545, which amount was paid on land by his first wife Carie Draper out of her own funds and she being dead, left three children, Walter P., Burton & Paul, the last two minors under age 12.

Respondent is indebted to his father's estate $500 with interest.

Respondent insists he is entitled to the care, custody and tuition of their two children, denies he is not suitable. When she gets angry she is rough and harsh... often beats unmercifully, threatens to grab them by the heels and beat their heads against the floor. s/s M. H. Draper

ANSWER: Walter P. Draper, states before filing this bill, he purchased 20 August 1900 mules, wagon, chains, timber. Admits he is under 21, but is and has been a married man over two years. Will not be 21 years of age until Jan 4, 1901. Had a right to buy said mules... his property. s/s Walter P. Draper

AMENDED BILL OF COMPLAINT: C. C. Draper filed 31 August 1900 against M. H. Draper. They married in Jackson Co. [blank] 1895. Two children, boys, one an infant a few weeks old, is dependent upon her. She attempted to reconcile with him, he threatened her and threatened to keep her infant. 15 October 1900

BILL OF COMPLAINT: C. C. Draper of Jackson Co. against M. H. Draper of same and Edwin Russle of Macon Co. Married Jackson Co. [blank] July 1895, has been a kind and dutiful wife. Prior to their marriage, his wife died leaving three children, a son Walter about 16 the oldest, other two being younger. She has been kind to them and attempted to be a mother. Happy until about a year ago.

He accused her of being unfaithful and his own son Walter of being too thick with her. From that time the abuse worsened. He whipped, beat, kicked, knocked her down and rubbed his feet in her face and with a poker in his hand declaring she should bear it. He sent friends to plead with her the third time he returned, promised again he would do better. Short time, pretending to shoot her, he shot his pistol into the bureau.

Defendant M. H. Draper made arrangements with Elam Russle who lives in Macon Co. to remove all household furniture to Macon Co.

At her marriage she was reasonably stout... his treatment has impaired her health.

WRIT OF ATTACHMENT: Personal property, some in the hands of his son Walter. Home tract of land on which complainant and defendant resided [blank] acres bounded north by lands of Dr. McClark, east by Miles Davenport, south by other lands owned by M. H. Draper at the death of Mrs. Martha Carver, on the west by R. E. Wood.

Also remainder interest in tract of land which Mrs. Martha Carver has a life interest known as the old Jodie Carver tract, lying on the waters of Wartrace Creek, Jackson Co., bounded north by Dock Davenport, on east by Ben Davenport and James Mitchell, south by George Huffhines, west by Wade Draper [blank] acres.

DECREE: M. H. Draper and Complainant married July 1895, have two children Ellie Graden and Hardy Haywood... appearing to the court that her allegations are fully sustained, M. H. Draper may visit... reasonable times. She gets life interest and then to her two children, land... begin Sammie Harris Corner... Miles Davenport line... 250-300 acres, known as the Cassetty land. Also $150, personal property and household goods [listed].

SUMMONS: To Sheriff of Jackson Co., Richard Ayres and Nancy Ayres to appear 2nd Monday of Feby next to answer bill of complaint filed against them and Stephen Ayres. 2nd Monday in August 1861.

BILL OF COMPLAINT: David H. Draper on [blank] 1852 sold to Richard Ayres & Stephen Ayres a tract of land in Jackson Co. on the north side of Cumberland River, waters of Indian Creek, Dist. 2: Begin McCall's line near the mouth of the 2nd spring, called the Flat branch... northwardly with Craggit's line and with Wilson's line to Van Zandt's line, west with his line... road on the ridge to a point opposite the dividing ridge between said Flat branch and the one that runs down through William Ray's lower field... with said dividing ridge southwardly to said McCall's northwest corner of his tract that he bought of James Draper, thence with said McCall's line to the beginning, 150 acres.

The equitable title was in complainant and the legal title in James Draper. At the request of Richard and Stephen Ayres, complainant caused James Draper to convey land to Nancy Ayres, the wife of said Richard and mother of said Stephen Ayres and her heirs by General Warranty deed dated 22 April 1852. Agreed to give $100 for land. Nancy, Richard and Stephen Ayres executed their note. Said note was renewed 26 Novr 1859 for $103.50. Some payments made, Stephen Ayres is indebted to complainant on a separate note.

At the time deed was executed, Stephen Ayres was a single man and lived with his father and mother. Richard and Stephen asked said land be conveyed to Nancy because Richard was and is an improvident man and bad trader, and as he said there was an unjust judgment outstanding against him.

Stephen Ayres has left this state as he is informed by the mother and the wife of said Stephen.

Complainant knows of another tract owned by Richard and Stephen subject to execution and sale. Complainant asks said Richard, Nancy and Stephen Ayres be made defendants. 11 November 1861. s/s David H. Draper

DEPOSITION: Elizabeth A. Straton at her house in Jackson Co., on behalf of Plaintiff, wherein David H. Draper, Administrator of Daniel Lee, deceased is Plaintiff and A. M. Lee and Rebecca Lee are defendants. [Spelling, except for names, not verbatim - mlj].

Elizabeth A. Straton, about age 32, states she gave the tract of land where she now resides to mistress Lee and their children. Robert Gailbreath and myself purchased it from Andrew McClelon and I paid the principal part myself. Robert paid some $30 and I paid the balance.

Question: Tell all you know about the way Rebecca Lee [looks like] porture [?portion] of her further's [sic; "father's:] land was sold, who she sold or transferred it to.

Answer: Alfred Lee's life interest was levied on and sold, and Rebecca Lee said if I would redeem his interest and hers, she would give it to me and I bargained her interest that she gave me to Andrew McClelland for one payment of the land and he sold it to Russell M. Kinnaird and others. There were no deeds made until after I sold my interest to McClelon and Rebecca signed the deed to Kinnaird. Was done that way to save expense.

A. M. Lee and his wife have seven children at the time this bill was filed. They had eight. Youngest is 5 years old and the oldest 16. They have six girls and one son. The one that died was one year old, or it lacked six days of being one year old. It was a girl.

Sam Hare had the land sold [court judgment]. Andrew McClelon was to redeem it. Sam Hare purchased it at the execution sale.

Question: What was Rebecca Lee's share of her father's estate worth at that time?

Answer: Land sold for $175, that was less than it was worth. When I bought the land, I used money I had for several years and traded some tobacco. Did not get money from Alfred Lee. Did get some money from Russel Kinnaird.

Question: Are you the sister of Rebecca Lee?

Answer: My mother said I was.

27 January 1855. s/s Eliza A. Stratton

ANSWER: John H. Pyron and wife Adaville Pyron to Bill of Complaint of Priscilla Lee. Daniel Lee died intestate about the time specified in this bill, and heirs as set out are correct... the time they intermarried is true. ? October 17th, 1861. [Only thing really legible are signatures]. s/s John Pyron, Adaville Pyron s/s John P. Murray, Solr

ANSWER: David H. Draper and wife Malvina June Draper, Silas M. McCawley and wife Sarah to bill of complaint of Priscilla Lee against respondent and others.

Daniel Lee departed this life intestate and Complainant is his widow and her dower has not been assigned, and heirs and husbands of the married women are correct.

Complainant and Defendant Lafayette Lee conveyed to Silas M. Cornwell and his wife their interest in 2/5 of said tract, 1/5 as the share of the wife of said Silas M. Cornwell and the other fifth as a purchase from respondents David H. Draper and wife.

Respondents Silas M. Cornwell and wife conveyed to complainant and said Lafayette their interest in the balance of the tract and a divisional line was agreed as set out as follows... thornbush at the lane of John Forkum... two thornbushes... [trees, no names].

At the time of the conveyance said Lafayette Lee was a single man and he and his mother lived together. The conveyances were made at her request as she wished her interest in said land not to be separated from her son Lafayette. Respondents decline to say whether Complainant was of sound mind at the time she made the conveyance to defendant Pyron. 4 Novr 1861.

s/s David H. Draper, Malvina Jane Draper, S. M. McCawley, Sarah McCawley

INDENTURE: 18 August 1857 between Silas M. McCawley and Sarah McCawley, formerly Sarah Lee of the one part, and Lafayette Lee and Priscilla Lee of the other part, all of Jackson Co... S. M. McCawley and Sarah my wife... Lafayette Lee and Priscilla Lee who is the widow of Daniel Lee and has a right to dower... land Daniel Lee died seized and possessed... David Draper and wife are also heirs at law. 12 October 1858. s/s Silas M. McCawley, Sarah McCawley

BILL OF COMPLAINT: Priscilla Lee of Jackson Co. against Lafayette Lee of Macon Co., John H. Pyron, Adaville Pyron his wife, David H. Draper and Malvina E. Draper his wife, Silas M. McCawley and Sarah C. McCawley his wife, all of Jackson Co. and James H. Lee, a citizen of the State of Texas. Complainant states her husband died October 18[blank], leaving defendants Lafayette Lee, James H. Lee, Adaville Pyron, Malvina E. Draper and Sarah C. McCawley his only children and heirs.

Daniel Lee died seized and possessed of several tracts of land in Jackson Co. The Home tract of 150 acres where they resided at his death, north side of Cumberland River on Bullers Creek... thornbush at head of a lane.

The consideration mentioned in conveyance 21 September 1859 is $200, but the consideration was an interest in a tract of land in Macon Co., TN, which defendants Pyron and Lafayette Lee conveyed or caused to be conveyed to her. At the time she conveyed her interest in the land of her deceased husband, she was in a state of mental imbecility... been sick and confined to her bed for months and with a very painful disease. Asks deed be set aside. 7 ?Jan or Jun 1861.

JOINT ANSWERS: Alfred M. Lee and wife Rebecca Lee to bill of complaint of David H. Draper filed as Adminr of Daniel Lee, deceased. Admit Daniel Lee died about the time stated, but not that complainant is his legal administrator, calls for proof.

Respondents gave intestate Daniel Lee a note, denies is due and that there are three credits $100 on 7 October 1841, $57 on May 6, 1843 and $158.94 on Feby 5, 1849. Various other credits, $55.23 intestate collected of Pleasant Cornwell about 1842 or 1843, one other credit for [two words?] him on pigeon roost creek, Jackson Co., about May 1844. Respondent admits he is insolvent. Complainant has been wrongly informed as to his purchasing land from Andrew McClelon, administrator of Beverly Graves, deceased; denies purchase. Did not procure Andrew McClelland to make a trade with Robert J. C. Gailbreath and Elizabeth Gailbreath for the purpose of hindering and defrauding creditors. Is true that R. J. C. Gailbreath and Elizabeth Straton, wife of R. H. T. Straton has made a deed of gift to respondent Rebecca Lee... only consideration love and affection of R. H. T. Gailbreath and Elizabeth Gailbreath. Dated 8 June 1854. [Signed] Alfred M. Lee, Rebecca Lee

[Note: 1860 USC, Sistler's index, lists in Davidson Co, TN 75-461:

STRATTON, R. H. T. 47, Elizabeth 37, Joseph 15, Lucien 5, James 1].

BILL OF COMPLAINT: David H. Draper, Admr of Daniel Lee, deceased against Alfred M. Lee and wife Rebecca Lee. About 18[blank] Daniel Lee died. At death of intestate, Alfred M. Lee was indebted to Daniel $487.09, note dated 20 Oct 1840. Alfred M. Lee bought a farm from Andrew McClelland, executor of Beverly Graves for $400 on Cumberland River [legal follows]. on 29 Oct 1847 south side of Cumberland River. Alfred M. Lee procured Andrew McClelland to execute a deed of conveyance to his brother in law and sister in law, Robert J. C. Gilbreath and Elizabeth Gilbreath. About 5 Dec 1853 said Robert J. C. Gilbreath and said Elizabeth Gilbreath who has married R. H. T. Straton and the said Straton conveyed same to Rebecca Lee wife of Alfred M. Lee. Dated 4 May 1854.

DEPOSITION: Robert J. C. Gilbreath age 24. States he paid Andrew McClellan about $130 on 4th Sept 1854. Funds came from sale of Elizabeth Gailbreath's and Rebecca Lee's interests in tract of land sold on Roaring River. After we purchased the tract, Elizabeth spoke to me about Mrs. Lee going with us from Woodfolk's [farm] to the tract we purchased.

About the time Mrs. Lee's land sold, I was about 19 years old. The deed to land we purchased was made to me and Elizabeth jointly. I understood it was for my benefit as long as I wanted to stay, and then for Elizabeth's benefit, not for A. M. Lee. A. M. Lee had been living there 6 or 7 years when we made his wife a deed. He never paid rent. He cultivated the part that belonged to Elizabeth and I cultivated one-half myself... grew tobacco.

Alfred M. Lee has 8 children from ten months to 16 years, all girls except one boy. Alfred M. Lee's circumstances were reduced by his mercantile business... known him when he had less than the law allows to pay debts, regrets his inability to pay. I lived on the place 4 or 5 years. s/s R. H. C. Gailbreath

ADMINISTRATOR APPOINTED: 5 November 1846, death of Daniel Lee suggested in open court... David H. Draper appointed and qualified as Administrator. [Note: No proof, but probably accurate to say Daniel Lee died in 1846, possibly in October - mlj].

BOND: We, Reuben R. Rogers and Mathew Rogers are bound unto Edward Draper, Executor of Brice M. Draper, deceased for $600, this 24 July 1847.

Sheriff Holland Denton this day levied attachment in favour of Edward B. Draper, Executor of Brice M. deceased against Reuben A. Rogers, John H. Young, Allen Young, Alexander Dillard and Joseph Fletcher upon a note executed by Dillard Young & Co. and Lewis Fletcher... 19 Oct 1846 for $300 to John Rogers, who assigned same to Reuben R. Rogers. s/s Reuben R. Rogers, Matthew Rogers

BILL OF COMPLAINT: Edward B. Draper against John Rogers, Reuben R. Rogers, Alexander Dillard, John H. Young, Allen Young and Joseph Fletcher.

Alexander Dillard, John Young & Allen Young purchased 500 acres of one John Rogers then of Jackson Co., for $1200, all of which is paid.

Edward B. Draper, Executor of Brice M. Draper filed bill of complaint against said Rogers alleging [as follows]: Said Rogers had on 31 Jan 1845 endorsed a bill of exchange for $600 which then was endorsed by said Brice M. Draper in his lifetime for Lanson Clark. That Lanson Clark has left the state, that defendant Rogers is trying to sell the land to avoid their debt... Rogers and Draper are brothers in law and that Rogers has combined as they believe with Draper, defendant and gone to Texas intending to suffer Orator's land being sold and save Draper... though it is really Draper's debt... Rogers has carried all he possesses with him.

PROSECUTION BOND: Edward B. Draper, Principal and Milton Draper, Security to John Rogers, Reuben R. Rogers, Alexander Dillard, John H. Young, Allen Young and Joseph Fletcher. Edward B. Draper has this day filed bill of complaint... 23 July 1847.

BILL OF COMPLAINT: Edward B. Draper, Executor of Brice M. Draper against John Rogers. 31 Jan 1845, bill of exchange was drawn on Collier Martin & Co. of New Orleans by Lanson Clark for $600 payable to defendant. Brice M. Draper and Mark Harper endorsed, presented to and was discounted by the Bank of Tennessee at Nashville. Lanson Clark left the state without making provision for payment.

Brice M. Draper departed this life. 13 October 1846. s/s Edward B. Draper

DEPOSITIONS - Taken 21 May 1849, cause of Edward B. Draper, Executor vs Reubin R. and John Rogers:

DANIEL HUDDLESTON about 42. Brice M. Draper requested me to sign his name to a note as endorser for Lanson Clark to buy hides in New Orleans for said Draper. Believe early part of the winter of 184[4 or 6]. s/s Daniel Huddleston

EDWARD H. DRAPER, about 47. I was trustee on a deed of trust made by Lanson Clark, think in 1846 [Part of this deposition missing; no signature].

LAWSON H. DRAPER - [First part of this deposition missing, gave no genealogical information, no age. [Signed] Lawson H. Draper

JAMES HAYNES, about age 26. Witnessed a deed of trust for Lanson Clark before he left this country. Think Jackson Maxwell, Mark Harper and Brice M. Draper were present. I was living with Clark at the time he left. s/s James Haynes

JOHN LEE about age 45. Found two receipts, one dated Aug 1, 1845, given by Brice M. Draper to Lanson Clark; one dated 26 July 1845 given by said B. M. Draper to Lanson Clark. I found them among Mark Harper's papers, whose estate I administered.

Question: Read this list of debtors, tell me if they are solvent or not.

Answer: Moses Whitehead, Andrew Grogan, Matthew Brewington are solvent. John Jared is solvent, don't know if he was at that time. Zackeriah and William Kirklin, don't know. William Young and Peter Young are solvent. s/s John Lee

WILLIAM GROGAN, age 29 [no information]. s/s William Grogan

JOHN HUGHES about age 40. Ruben Rogers stated John offered to deposit the note with him to save harmless his Father... he said John left the note with him and told him to do what was right about it. s/s John Hughes

DEPOSITION: Mary S. Taylor, age about 44. I will be 44 next October coming. Before Brice M. Draper died, I heard him tell Mark Harper that he was to have half of the note drawn by Lanson Clark on Collier & Martin and endorsed by John Rogers. Taken City & Parish of New Orleans, LA, 10 Sept. 1849. s/s Mary S. Taylor

DEPOSITION: Heneretta Holliday about 54. Brice M. Draper stayed at my house during his last illness. He taken sick Saturday evening and came to my house on Sunday evening and stayed till he died. Was sick something like two weeks. Mary S. Taylor was not there that I remember. Mary S. Taylor bears the character of a lewd woman. [Taken at her house in Jackson Co., no date]. s/s Henrietta Holladay

Depositions taken 19 January 1849, Granville, Jackson Co., TN:

THOMAS WATTS age 48.

Question: State if you know the amount of indebtedness of John Rogers to Matthew Rogers.

Answer: The old man Rogers, defendant's father, owed me $80 or more and told me his son John owed him money, and John Rogers made a note to me for $80 which amount was so much paid that was due me from Matthew Rogers. Thomas [X] Watts

HIRAM H. WHITE, about 38. Reuben Rogers said John Rogers owed his father Matthew Rogers as much as the amount of the note [$300] or more. s/s H. H. White

JOINT ANSWERS: Alexander Dillard, John H. Young & Allen Young and Joseph Fletcher. Joseph Fletcher admits his father Lewis Fletcher bought a part of said land. 4 November 1847.

DEPOSITION: Henrietta Holladay, at her house in Jackson Co. Is age 55. Edward B. Draper has always been very kind and attentive, manifesting a deep interest for welfare since husband's death, and before and since the death of Brice M. Draper.

Question: Did not Brice M. Draper in the will he made during his last illness... request Edward B. Draper... give assistance... over and above the portion... in the will as your share of the estate?

Answer: If he did I never heard of it.

Question: Are you not Brice and Edwin B. Draper's sister?

Answer: I reckon I am. 27 Jany 1851. s/s Henrietta Holladay

ANSWER: John Rogers to Bill of Complaint of Edward Draper, Executor of Brice M. Draper. Admits [Lanson] Clark has left the state, now lives in Texas. 7 July 1848.

DEPOSITION: Silas C. Cornwell age 52. Acquainted with handwriting of Brice M. Draper. 21 July 1849. s/s Silas C. Cornwell

BILL OF COMPLAINT: Edward B. Draper against John Rogers, citizen of Texas, Alexander Dillard, Allen Young, Joseph Fletcher & Ruben R. Rogers of Jackson Co. and John H. Young of Smith Co. [No date, part missing].

DEPOSITION: Matthew Rogers age 81, at his house. 20 Jan 1849.

Question: ...note of your son John Rogers...

Question: Did John Rogers execute notes to you 30 Mar 1840 and Aug 1836?

Answer: Affirmative to both. 20 January 1849. s/s Matthew Rogers

DEPOSITION: J. L. Mahanay [testimony as to whether he bought corn, no date]. [Signed] J. L. Mahanay

DEPOSITION: Jacob Hubbard age 56, testified heard Brice M. Draper talk about bill of exchange. Taken Granville, Jackson Co., 21 July 1849. s/s Jacob Hubbard

SYNOPSIS: Federal soldiers took Eliza Draper's bay mare last of January or 1st of February 1864. She thought she recognized the mare as one William Draper owned. Mosley had purchased the mare from J. Q. Adams, who purchased her from Paul Clay in Mill Springs, KY on December 1861 from one Umber. She filed writ of replevin [to reclaim ill-gotten gains]. She lost the case although it was appealed to State Supreme Court, remanded to Jackson Co. for new trial 5 January 1874. M. G. B. Stublefield deposed that he went with Eliza Draper to Mosley's to see the mare. [No relationships given].

JURY: Peter G. Cox, Thomas Smith, Hiram Crabtree, Buckner Crabtree, W. C. Purcell, A. R. Tinsley, O. T. Butler, John J. Brown, John W. Stafford, John M. Clark, Wm Gore & James Mercer. July term 1869.

Final Settlement 8 January 1891 with E. G. Kittrell [then] guardian of R. L. Draper, minor child of A. W. Draper, deceased.

Settlement made 1 April 1890, Guardian Settlement Book B, page 105-109.

Elvira G. Draper appointed and executed bond 5 September 1881 for $6000 as guardian of Robert Lee and Lula Draper, minor heirs of A. W. Draper, deceased.

One expense in 1883, $5.00 to Dr. Tillock for each child, measles. Last settlement for Lula Draper was in 1884.

CAUSE HEARD: William Draper, Admr of H. H. Draper, decd and William Draper vs Daniel W. Hawes & wife Nancy P. Hawes.

It appeared to court that on 30 Oct 1874 Daniel W. Hawes & wife Nancy P. Hawes received a decision in Chancery in the favor against Complaint H. H. Draper & William Draper and William Cornwell who is not a party to this suit for $254.40 plus costs on bill filed 8 July 1867 against Willis Cornwell, Logan H. McCarver, L. C. Hall and Robert A. Cox.

Complainants H. H. Draper and William Draper were not parties to said bill, were never served a subpoena to answer, never made parties to suit.

Further appeared to satisfy decree rendered... tract of land of Willis Cornwell was not decreed to be sold by Clerk & Master. C & M sold and D. W. Hawes purchased at price of $50. Sale was reported to court April term 1875 and confirmed.

Decree of judgment [$254.40] was credited with $50. Execution issued by court on another valuable tract of land of Complainant of H. H. Draper absent any other property of Cornwell.

H. H. Draper died since commencement of this suit. Suit was against Cornwell, not Draper. Hawes & wife are enjoined from collecting.

[Blank] May 1861 an execution issued purported to be in favor of George C. Darwin against Thomas J. Draper, Adm. estate of William Goodall, deceased.

Orator and Nathan Montgomery were security for Thomas J. Draper, for judgment rendered April term 1860. Orator states there is no such judgment in said county court or any other term of said court. County court has no jurisdiction to settle and insolvent estate when amount exceeds $1000. Execution and levy has been made on property of James Draper as security and will be sold. Bill now pending by Bank and other creditors. There are assets to pay some debts. Before Orator's land is sold, these must be exhausted. Further, George C. Darwin's claim was not presented in the time prescribed in advertisement. 22 June 1861. s/s James Draper

ANSWER: George C. Darwin states claim was presented timely, court ordered pro rata payment.

SYNOPSIS: James Draper mortgaged a slave, Alexander alias Aleck or Ellick, to Milton Draper for $500 in 1846. Milton Draper was to have the use of Alexander as interest on the money until the amount was paid in full. Most of the depositions centered around whether he was a good worker and the average per annum to hire a slave [pay to owner, not the slave].

Alexander as a grown man was 6' in height, stout, described as "a good rastler, hard to throw", considered to be of pure African descent. He had measles in 1846. In 1847 he weighed about 120 pounds, possibly had juvenile arthritis or rheumatism. One deposition said in 1846 he was age 12-15, another deposition stated age 19-20.

DEPOSITIONS: James T. Quarles, T. H. Butler [both signed]:

Asked about character, answered following was good:

James A. Spurlock, L. McCarver, R. A. Cox, R. J. C. Gailbreath, Sampson McClelin, James Young, L. F. Murray.

DEPOSITION: P. McCarver stated several years ago there was a suit regarding a road through Milton Draper's land to the meeting house. s/s Pinckney McCarver

STATE OF TENNESSEE vs William H. Botts, Robert A. Cox, Judith Johnson, Milton Draper and The Bank of Tennessee

[NOTE: Listed here are amounts paid by W. H. Botts in his capacity as Clerk & Master of the Court. If it is part of the case because Milton Draper is a defendant, don't know].

10 Feby 1859, William Davidson, $80

15 November 1860, John P. Murray, $277 for the Bank, Jubilee Wheeler and said Murray being attorney and assignee.

DEPOSITION: James T. Quarles, occupation Solicitor. Minimum fee for attorneys to appear in Chancery is $25, Circuit $5, taking depositions $5 per day. Fees for collecting money I understand vary. I charge 3% but that is low unless the amount collected is large. s/s James T. Quarles

DEPOSITION: William R. Kinner, known Aleck several years, stout looking. I am a practicing physician.

ANSWER: Milton Draper to Bill of Complaint of James Draper. Complainant is largely indebted to respondent. For several years, complainant was much embarrassed in his pecuniary circumstances. 4 March 1858. s/s Milton Draper

DEPOSITIONS - At store house of William H. Jones at Flynn's Creek 21 June 1857:

James A. Spurlock, about 32. s/s James A. Spurlock

Sarah Draper 35. I am one of the subscribing witnesses conveying the negro Elick to Milton Draper. Known Eleck 15-20 years. James Draper is my father and Milton Draper is my uncle. It was my understanding Aleck was to be redeemed after the money was paid. s/s Sarah Draper

Corilla E. Draper age 19, known Aleck 10-12 years. I am a subscribing witness to bill of sale from Milton Draper. I was present when James Draper redeemed him. I am a daughter of complainant and Milton Draper is my uncle. s/s Corilla E. Draper

Thomas J. Jones 32, know Aleck... large, stout fellow. Was 12 or 15 years of age in 1847. s/s Thomas J. Jones

Robert A. Cox 27. Alex is about 6 feet high, tolerably black, looks to be tolerably full African.

Thomas J. Draper 24, known Eleck since his boyhood. At the time he went to defendant Milton Draper's, don't know his age. Weighed about 120 pounds. s/s T. J. Draper

William Draper [no age]. James Draper had a conversation with me. He said the negro Aleck was in possession of Milton, pledged for $500 and he wanted me to redeem him. It was a short time after James Draper moved to the mill he bought of McClendon's. He proposed to me that if I got the negro in my possession he was to work for me against the interest until he paid me $500. From that I inferred he was working the same way for Milton. I understand he expected me to pay Milton $500. s/s William Draper.

James Moreland 37. In 1848 I lived within one-fourth mile of Draper, lived on Milton Draper's place four years while Elick was in his possession. Elick was sick nearly all year. I moved to Milton Draper's November 1848. I returned from Mexico 6th August 1848. James [his X mark] Morland

G. C. Darwin [no age]. Known Elick since defendant had him. Live 1 1/4 or 1 1/2 mile from defendant. I have not hired negroes 1850-1857. s/s G. C. Darwin

James W. Draper [no age]. I am tolerably well acquainted with Elick from a boy. I am cousin to both plaintiff and defendant. I have been revenue collector and deputy sheriff of this county. I gave $100 per annum for negro hire in 1857. s/s James W. Draper

Alfred Cornwell, known Aleck since he was a boy. I am no judge of negroes but I call him a fine looking boy, as fine as any of Sampson McClellon's. s/s Alfred Cornwell

Wm. J. Draper. Complainant is my father. Eleck was a boy when he went to defendant's. s/s W. J. Draper

Claiborne Jones, lawful age. I loaned James Draper my cart and it broke. Took it to Milton Draper's wood shop to get mended.

Question: State who Martha Jane Kirby is, if she has had a child since her husband's death.

Answer: I know Martha Jane Kirby, widow of Henry W. Kirby. She has had a child since the death of her husband, some 3 or 4 years after his death.

I consider James Draper a very litigious man, very fond of lawing, makes it pretty much his study.

Milton Draper's wife and Mrs. Kirby are half sisters. I could give her credit on her oath. Claiborn [his X mark] Jones

Randolph Gipson [no age], knew Elick in 1846. He was sick the ?summer I lived at Polly Brooks nearly the whole crop... said to be rheumatified. s/s Randolph Gipson

Littleton C. Collier, lawful age. Knew Elick since he was a boy. Martha Jane Kirby can be believed in court... reported she had a bastard child since her husband's death.

James Pharis is dead. James Draper is his administrator.

Question: State whether these heirs on this paper marked Exhibit B are his only heirs.

Answer: [NOTE - this part was VERY difficult to read. Should be rechecked for accuracy - mlj].

All did not sign. Christopher Clark & wife & Shelby Pharis and the minor children of James Pharis deceased by his last wife. Clark & wife and Shelby reside in Texas and the minor children in the county. Isham Pharis bought out J. M. Wolf & his wife's interest before the date of this paper marked Exhibit B. Clark & wife & Shelby Pharis & James Pharis 3 or 4 in ____ _____ the minors are very poor. Woolf's wife, my wife, ?Gittings wife the two ____ wifes and Stone's wife did not sign. s/s L. C. Collier

John Deckard, lawful age, have known Eleck 13-14 years. I was about 15 years old when I quit working for Milton Draper... lived there. I have lived at Dry Fork of Martin's Creek & Flynn's Creek since I left Milton Draper. Milton Draper hired a carpenter named Ike for $50 from McClelland and a farm hand named Murray for $40. I went to work and lived there two years before John Rogers moved off, and I left a year after he moved. John [his X mark] Deckard

[Top part missing]: Joshua Draper and my Jeff was engaged in a little mill concern as partners in 1845. s/s William C. Anderson

DEPOSITION: James Young states he was one of the administrators of Thomas Draper, deceased. There was a negro boy belonging to said estate named Alexander alias Aleck. Complainant was an heir and the boy was allotted to complainant. The negroes were divided in December 1840. He was then worth $600 and in 1846 worth $850... best recollection. In 1846 Aleck was 19 or 20 years old. There was a valuation by the commissioners. 10 July 1858. s/s James Young

DEPOSITION: Martha J. Kirby [no age]. I am a widow, have been transacting my own business several years, have hired out my own negroes for several years. I know the negro man Elick since James Draper owned him.

Milton Draper married my half sister. His wife and myself had the same mother. I lived in the neighborhood of James Draper up to 1853, within 1-1 1/2 miles from James and 2 miles from Milton. In 1853 I moved to Davidson Co., remained 5 months, then moved to Macon in 1853 and from there back to Jackson Co. in the same neighborhood. I left 1857 and remained ?there ever since. While I lived in Macon I was frequently at the house of James and Milton Draper in Jackson Co. Heard he [Aleck] had the measles. He was near grown in 1846. s/s Martha J. Kirby

Robert J. C. Gailbreath age 30. Known Aleck since 1850 or 1851. Think he is of the real African a full blooded negro. s/s R. J. C. Gailbreath

Amon Hail [no age]. Known Alex 14 years. Lived 1 1/4 - 1 1/2 mile from James and Milton. s/s Amon Hail

[NEW - Misfiled] BOTTS, J.W. - Prisoner at Ft. Delaware 1864 - Civil War letter -

[W. H. Botts was Clerk & Master during this time. Possible the letter was to him, mixed in with other papers, filed in error. Transcribed verbatim - mlj]:

Fort Delaware May 1864 Dear Brother I rite you a few lines which leave me well I have been here a prisoner near 12 months I am verry anxious of corse to come home You can I think by going to Nashville procure the servises of M M Brien & other men of like influence & loyalty & have me released if you will go to Alexandria you can get any number of signees to a petition they all know I was a conscript. Will I hope you will spend some time in my behalf nor [or "now"?] you shant loose any thing by so doing I will pay all Expenses to the amount of a thousand dollars if was there I am fully able to do that my wife got up a very larg petition but it was not properly attended to please see to this immediately. Will I wish you would send me a small amount of Money [?]Shug & sis has tried to send me money but I never got but $500 dollars since I have been here. Bob Cox said you could send it without any danger rite to me as soon as this comes to hand Brother J W Botts

ANSWER: Thomas Hufhines to Bill of Complaint by James W. Draper against Allen Forkum & Respondent. Fall 1862 he and Allen Forkum purchased in partnership about 13,000 pounds of tobacco. Respondent advanced $800. Respondent sold his undivided one-half interest to Complainant 27 June 1865. Tobacco was in possession of Forkum at that time, prays to be dismissed. s/s Thomas Hufhines

ANSWER: Respondent Allen Forkum states is true he and Thoms Hufhines purchased tobacco in partnership, but instead of being 13,000 pounds was 8,000. Hufhines advanced a little over $600, not $800.

DEPOSITION: Thomas Hufhines age 49. Market was very dull here for tobacco in 1862. Forkum was to receive tobacco & prize it & I was to ship it to market. Forkum held a note against me and Adam S. Hufhines. 22 July 1867. s/s Thomas Hufhines

DEPOSITION: Joseph His 34. Knew Allen Forkum in 1862 [no date]. s/s Joseph Hix

DEPOSITION: Riley W. Hufhines, age 44. Went to Allen Forkum's last of May 1864 to buy bulk tobacco. He showed me the tobacco, good quality. Said Thomas Hufhines had furnished him Tennessee money. s/s Riley W. Hufhines

DEPOSITION: Phillip M. Ray, age 54. I sold tobacco to Allen Forcum in 1862 or 1863. s/s P. M. Ray

DEPOSITION: Thos H. Butler age 47. Was with James W. Draper in Gainesboro 3 July 1865. s/s T. H. Butler

BILL OF COMPLAINT: On [blank] 1857, R. J. C. Gailbreath came to your Orator with a blank note to Garvin Bell & Co. stating he owed that firm $500. W. H. Botts of Jackson Co. was agent for the firm, proposed to give him extra time to pay. Gailbreath said John P. Murray would go on the note and asked Orator to sign. He did, but understand was with the condition John P. Murray would sign. Murray did so, got Gailbreath's property as security.

DEPOSITION: John P. Murray age 30, was at Flynn's Lick and heard conversation between James Draper and R. J. C. Gailbreath. 5 January 1861. s/s John P. Murray

TO SHERIFF OF JACKSON CO: James Draper filed bill vs R. J. C. Gailbreath, August term 1866, death of R. J. C. Gailbreath was suggested and admitted. Mariah C. Gailbreath was appointed administrator.

AMENDED BILL OF COMPLAINT: James Draper, a citizen of Jackson Co, TN against William Garvin, Samuel Getty, Samuel Gwinn & Robert Russell & John Bell, merchants Garvin Bell & Co. of Jefferson Co. Ky, W. H. Botts, R. J. C. Gailbreath & wife Mariah C. Gailbreath, John P. Murray & Susanah McClendon citizens of Jackson Co., TN, Thos Martin & wife Jane Martin of Overton Co, TN, Henry H. McClendon of the State of Texas, Charles D Wade & wife Mary Wade citizens of the state of Missouri, John Rogerts & wife Elisabeth Rogers of the State of Illinois & Racheal W McClendon of the state of Missouri & R. C. Kirkpatrick & Thomas J Gailbreath of Jackson Co., TN.

Complainant states Robert J. C. Gailbreath is hopelessly insolvent. Mariah C. Gailbreath is the wife of R. J. C. Gailbreath.

Some years ago one Jessey McClendon departed life in Jackson Co., published his Last Will & Testament leaving a large estate and negroes. Defendant Susanah McClendon is his widow.

Defendant R. J. C. Gailbreath & his wife Mariah C. Gailbreath, Henry H. McClendon, Robert W. McClendon, Charles D. Wade & wife Mary Wade, John Rogers & wife Elizabeth Rogers, Thomas Martin & wife Jane Martin are the children & heirs at law of said Jessey McClendon decd.

According to his will all his property was devised to his widow Susanah with remainder to their children. There are about 12 negroes, land on Flynn's Creek adjoining land of Joshua Haile and others belonging to said estate. Susanah McClendon transferred & conveyed to defendant Mariah C. Gailbreath, wife of R. J. C. Gailbreath her life estate by deed in sand land & negroes - said to be a gift to Mariah C. Gailbreath.

Orator believes Mariah C. Gailbreath purchased with the means of said R. J. C. Gailbreath in order to defeat creditors.

Negroes: Sam, Vilet, Mary, Jenny, Man_ _, William, Burns, Nancy, Jessey, Caroline, ?Chatherine, ?Grover [or Governor] & Matilda.

Mariah C. Gailbreath purchased of defendant W. M. McClendon his remainder interest, being a seventh part of said estate & took his deed, maritile [marital] right of R. J. C. Gailbreath is not excluded. Charges that property acquired or purchased by a feme covert [married woman] who has no separate estate vests in the husband. States Mariah C. Gailbreath had no separate property at the date of said deed.

Merchants trading under the name of H. S. French & Co. have also filed bill asking deed be set aside, cause is pending.

On 7 October 1857 R. J. C. Gailbreath executed to John P. Murray a deed in trust for some houses and lots in Flynns Lick valued at $800, a stock of goods invoiced about $1500, notes, all amount to about $5400.

Defendant Thomas J. Gailbreath the brother of R. J. C. Gailbreath, has filed a cross-bill against R. C. Kirkpatrick, Garvin Bell & others.

John P. Murray is the brother in law of Thomas J. Gailbreath. Thomas J. and R. J. Gailbreath are brothers and intimate friends. 11 Feby 1861. s/s James Draper

BILL OF COMPLAINT: Robert J. C. Gailbreath & wife Mariah Gailbreath, Robert W. McClendon, Thomas J. Draper & John P. Murray, all of Jackson County; William B. Campbell, Samuel Moseley, Calvin W. Jackson, all of Wilson Co.; Susannah McClendon of Jackson Co.; John Rogers & wife Elizabeth Rogers of Franklin Co., Illinois; Thomas Martin & wife Jane Martin of Overton Co.; Henry McClendon of the State of Texas and Nutty McClendon, who is of unsound mind, of Jackson Co., Tennessee.

Jesse McClendon departed life 10 May 1850 having made & published his Last Will & Testament, bequeathed all of his property to his children. The use of the property was reserved to defendant Susannah McClendon for life.

Defendant John Rogers & wife Elizabeth Rogers, Thomas Martin & wife Jane Martin and the Complainants embrace all the heirs and children of said Jesse McClendon, except Henry McClendon who has sold his remainder interest to John P. Murray, Thomas J. Draper & R. C. Gailbreath, _____ for the Bank of Tennessee.

Complainants charge that James W. Draper, deputy sheriff of Jackson Co. ___ ___ fieri facias in favor of defendants Campbell Mosley & Jackson for about $700 on one of the negroes Nancy [that] Mariah so ?bequeathed as aforesaid to satisfy an execution in favor of the parties aforesaid on the property of Susannah McClendon.

Believe James Draper will sell to someone who will remove her from the jurisdiction of the court, asks injunction. 10 April 1858. s/s R. J. C. Gailbreath

JOINT & SEPARATE ANSWERS of William Garvin, Samuel Getty, John Bell, Saml Gwyn & Robert Russell to Bill of Complaint of James Draper against these Respondents and Robt J. C. Gailbreath.

Gailbraith was indebted to them as merchants for $528.94, held bill of exchange payable to Respondents at the Branch Bank of Tennessee. Was placed for collection with W. H. Botts, an attorney, for collection. 23 Aug 1857 said Gailbraith executed a promissory note for $546, due four months after date, with Complainant as his security. Complainant's charge that note was delivered as an escrow is false. Since Gailbreath failed in business, they have had some conversation with him regarding John P. Murray as joint security. s/s Wm Garvin, John Bell, Saml Gwyn } Jefferson Co., Kentucky

DEPOSITIONS in the cause of Mariah C. Gailbraith against William Draper, Milton Draper & Jefferson Roberts taken 21 June 1860, office of William H. Botts:

James G. [or J.] Campbell [no age]. Handwriting on warrant is that of W. W. McCue former J. P. & Jefferson Roberts, former constable and my handwriting as former J.D. Mariah C. Gailbreath is the wife of Robert J. C. Gailbreath and daughter of Susannah McClendon. Susannah McClendon is the wife of Jesse McClendon, deceased and Mariah is his daughter I think. Susannah McClendon is living. She was aged and infirm 23 August 1858. Gailbreath has hired negroes from Sampson McClellan... ?Rosy a blacksmith and one named Arabella. s/s J. G. Campbell

Henry H. Draper, 42, states he witnessed note Susannah McClendon executed on debt of H. H. McClendon with Milton Draper, security. s/s Henry H. Draper

William H. Botts age 35 for Defendant. Susannah McClendon was indebted to me for $200. July term 1854, obtained a decree in Chancery to hire out the negroes and rent out the lands of Susannah McClendon, widow of Jesse McClendon. The day I went to hire out the negroes, Mrs. Mariah C. Gailbreath gave her note for the debt and Thomas Martin was security. Mrs. McClendon was very sick when I went out there. Her life estate was not worth much at that time, maybe $150. s/s W. H. Botts

DECREE: Sampson McClellan vs Richard P. Brooks, A. H. Hoover, James Draper & Milton Draper. Bill dismissed, complainants to pay costs. Appealed to State Supreme Court next term, first Monday in Decr next [Copy of Complaint on film; no relations given; business matter - mlj]. August term 1867

DEED: I, Susannah McClendon of Jackson County, Tennessee... love and affection for my youngest daughter Mariah C. Gailbreath, wife of Robert J. C. Gailbreath, have this day gave, bequeathed, conveyed and delivered for her sole and separate use and benefit apart from all others, free and independent from the control of her husband Robert J. C. Gailbreath or any future husband, all right, title & interest I have in the following, to wit:

Negro woman Violet, age 85

Negro man Sam age 55

Negro woman Mary about age 23 and her 3 children Catherine & Caroline aged 5 and a boy named Governor aged about 2.

Negro boy Jerry age 14

Negro girl Maria age 12

Negro boy William Bur age 10

Negro girl Nancy age 8

Negro boy Jesse age 6

Also tract in Dist 11 on Flynn's Creek, being 100 acres more or less as follows (refer to a deed made by Milton Draper to Jesse & Susannah McClendon) bounded on the north by lands of R. P. Brooks, south by Flynn's Creek, east by Joshua Hale & Thos J. Gailbreath, west by Flynn's Creek and the land of Rebecca Lee, to my said daughter Maria C. Gailbreath... free from dominion of husband Robert J. C. Gailbreath or any husband she may marry... not subject to debts or contracts... at her death to go to her children. Maria C. agrees to maintain and support me as long as I live. 23 Aug 1858.

Witnesses: s/s S. W. Cassetty, Wm H. Jones Susanah [her X mark] McClendon Registered same date.

ANSWER: Robert McClendon, a minor and the minor heirs of Elizabeth Rogers, deceased whose names are not known by guardian ad litem B. B. Washburn to Bill of Complaint of Thomas Martin & wife Jane Martin against Mariah C. Gailbreath and others. Admit Jesse McClendon died as stated, having first made a Last Will & Testament.

Admit death of Susannah McClendon, widow of Jesse McClendon.

Also death of Nutty McClendon, one of the devisees in said bill.

It may be to the interest of all parties to have a division and sale of land for distribution to heirs. 1 October 1875.

DEPOSITION: Joshua Haile, age 58. Houses rotting down, fences down. Replaced 900 feet of fence, used 58 pounds of nails at 10 Cents a pound. Labor included nailing on a roof, clearing, laying a hearth, pailing in a garden. $54.80. s/s Joshua Haile

LAST WILL & TESTAMENT OF JESSE McCLENDON [Verbatim]

In the name of God, Amen, I, Jesse McClendon of the county of Jackson and State of Tennessee being sick & weak, yet of sound mind & disposing memory do make this my last will & testament.

First of all I recommend my soul to God who gave it and my body to be decently buried at the discretion of my relations and executor and as to any worldly estate both real & personal I dispose of it in the following manner towit:

My will is that my loving wife Susanah should keep all my little property at her own discretion during her natural life or until the first of our children comes of age or marries and in that event my will is that my said wife should give to each child so married a feather bed & furniture & a horse & saddle with such other articles as my said wife in her discretion can spare towards housekeeping and as my children marries my will is that each of them should be made as nearly equal as the situation of my property will admit of except my daughter Nutty who is subject to fits and if she never recovers my will is that she should have the half of a share more than any of my other children. And my wish & will is that my loving wife should have the sole management of my worldly conserves.

I do nominate & appoint her my sole executrix of this my last will & testament.

This 1st June 1827} Jesse [his X mark] McClendon Witnesses: Nathan Montgomery, Robert White, L. Williams

[NOTE: This marked "Copy". No recordation information - mlj].

BILL OF COMPLAINT: James A. Spurlock against Samuel T. Matheny, C. W. Jackson & Wm B. Campbell of Wilson Co.; Susannah McClendon, Robert McClendon, Robert J. C. Gailbreath & wife Mariah McClendon, ["Nuttie McClendon" marked through] of Jackson Co.; and H. H. McClendon of Texas and James W. Draper of Jackson Co.; Thomas Martin & wife Jane Martin of Overton Co.; John Rogers & wife Eliz of Illinois and the children & heirs of George McClendon who was a son of Jesse McClendon both of whom are dead, and said children reside in Arkansas and whose given names are unknown to Complainant.

Defendants Matheney, Jackson & Campbell received July term 1857 a judgment of something over $600 against Robert J. C. Gailbreath, Susannah McClendon, your Orator & others which Robert J. C. Gailbreth drew and Susannah McClendon first endorsed and then by Orator and others. Execution was stayed by order of Plaintiffs four months. Robert J. C. Gailbreath made deed of trust to his creditors to satisfy judgment. This was given without Orator's knowledge or consent and worked to his prejudice. The sheriff levied on some personal property of Susannah McClendon about $50, but refused to levy on negroes or land.

He levied on one of the negroes of Orator named Rebecca and she will be sold. Believes it is the debt of Susannah McClendon. Susannah is old and infirm.

Defendants are the widow and heirs and heirs' husbands of Jesse McClendon except defendants Draper, Campbell, Matheny & Jackson. 5 July 1858. s/s James A. Spurlock

ORDER TO ATTACH: James W. Draper has this day filed a Bill of Complainat against Joseph Hicks and William G. Huffhines. Attach promissory notes on payable to William G. Huffhines payable by Joseph Hix. 28 August 1861.

BILL OF COMPLAINT: About 7 July 1860, Joseph Hix executed promissory note to Complainant for $550. Complainant sold said note to James G. Cunningham. Hix made two payments, balance is unpaid. Complainant is still bound for same as assignee. Hix is much embarrassed by debt, and since the political excitement has fled from this country to parts unknown to Complainant, supposes he went to the State of Kentucky, but has returned again. Complainant went to see him on subject of debt in this bill. He promised to indemnify Complainant as his security, failed to do so, and threatens to leave the State before he will support the Southern Confederacy and make a good and loyal subject to the same.

Land in District 15 adjacent William D. McKaughan and others, 100 acres...

Defendant Hufhines executed to Hix two promissory notes in consideration of land he bought of said Hix on pine lick fork of Jennings Creek in Dist. 13 adjoined by land of Sport Cherry and others. $300 due [blank] Jan 1862 and 2nd for $500 due [blank].

DEMURRER: Parthena Jones, James Jones and John Loftis & wife Mary Loftis, defendants, to Bill of Complaint of James Draper. Bill is insufficient, ask to be dismissed. s/s J. P. Murray, Sol.

PROSECUTION BOND: James Draper and Benjamin B. Washburn to Parthena Jones, James Jones, Laburn Loftis, Mary Loftis, Thomas Jones, William Jones Rebecca Jones, George Jones, Anderson Jones, Elijah Jones, and Alexander Jones for $300. James Draper this day filed Bill of Complaint against all of said obligees. 22 Decr 1857.

CAUSE HEARD: James Draper vs Parthena Jones, James Jones, Labin & Mary Loftis, Thomas Jones, William Jones, Rebecca Jones, George Jones, Anderson Jones, Elijah Jones & Alexander Jones. 15 July 1858.

Elias Jones departed life intestate. Complainant James Draper is Administrator. Previous to his death he executed a deed to defendant James Jones for 150 acres. Said deed though absolute on its face was intended as a mortgage. Said James Jones has never paid anything for said land. Parthena is the widow of deceased and has had her dower in all other lands. That all the other defendants except Laban Loftis are children of deceased and his only lawful heirs. Laban Loftis intermarried with Mary a daughter of deceased.

Debts of deceased exceed personal property by about $100. It is therefore ordered that deed to said land made by deceased to James Jones be delivered up to be cancelled and for nothing held. After the deed is delivered, Clerk & Master to sell to highest bidder after giving 40 [? or 70] days written notice at the Court House door, at John Cummings Mill and at Alexander Montgomery's mill.

ANSWER: James Jones to Bill of Complaint. True he is a son of Elias Jones, deceased. True his father did executed a deed to him.

DEPOSITIONS 15 May 1854, cause of Parthena Jones vs James Draper & John Daws:

Madison Wolf, age 83. Elias Jones, husband of complainant, sent word twice by me to John Daws to come and take possession of the land after they had been at law about the same land now in controversy. I was present when defendant Draper rented the land to Daws. Jones said he was trying to find a place to move. This was when he was helping me strip tobacco. Madison [his X mark] Wolf

Harrison Keith age 27. Elias Jones asked me to go and tell John Daws to take possession. I objected to go and he asked Carral Jones to go with me. We went together. This was in 1849 or 1850. Harrison [his X mark] Keith

James Jones, age 26. I was present when John Dawes & Elias Jones, deceased, signed agreement. My father was to give up possession of lands mentioned in agreement. John Richman said Draper might want to pick a flaw in the agreement. Draper said no, all he wanted was possession if he gained the suit.

I live in one mile of William Tolbert in the ?same hollow since the agreement was signed. I had lived two years on the land in dispute. I paid no rent nor agreed to pay any, only the little fixing up I do. 11 August 1855. James W. [his X mark] Jones

John Richmond age 35. Acquainted with Elias Jones, deceased. Was present when agreement was signed by Jones and John Daws regarding possession of the land where Elias Jones lived at that time. The parties were lawing about possession. The constable was present, had a writ of ejectment. The constable started carrying part of his plunder [household goods] out of the house before Jones agreed to sign. I wrote the agreement. s

Union County, Illinois 31 January 1854. s/s John W. Richmond

AFFIDAVIT of Carel A. Jones, sworn by F. M. Goolsby, J.P. [Jackson Co., TN]:

Question: State whether Elias Jones is dead.

Answer: He is dead. I saw him buried. He died in Illinois, Union Co., 21 Sept 1850, I think to the best of my knowledge. 28 Jany 1854. s/s Carel A. Jones

BILL OF COMPLAINT: Parthena Jones against James Draper and John Daws. She is the widow of Elias Jones, who died seized and possessed of several tract of land in Jackson Co., Tennessee. Petitioned the court for dower and it was allotted. Defendants have since brought suits against her for rents, forcible entry and detainer without grounds for the purpose of distressing and vesing her to death - all brought in the name of Daws who is hopelessly insolvent so as to shield Draper. [?] May 1853. Parthena [X] Jones

[1850 Sistler's Index, Jackson Co., TN 1224-646 lists:

JONES, Perthena 44, William 14, Rebecca 13, Thomas 11, Elijah 9, George 7, John 5, Alexander 1. NC/T - mlj].

BILL OF COMPLAINT: James W. Draper against Phillip Long, both of Jackson Co. About 18[blank] Long executed to him a title deed for land in ?Dist. 13, failed to pay part, now owes $247. Since he took the title deed, one of the heirs of Daniel K. Witcher sued P. M. Long for 1/8 share of land and recovered Feby term 1861, which only leaves 7/8, and said tract is not worth more than $200. 5 Aug 1861. s/s James W. Draper

DEMURRER: Bill of Complaint premature. There is no existing liability against estate of Daniel M. Morgan, Administrator of Sam S. Gray, deceased.

John VanHooser married Sallie C. Morgan, one of the children and heirs at law of Daniel M. Morgan.

The estate of Daniel M. Morgan descended to his children, cannot be charged with devastavit [executor wasting estate] if there are more creditors than money in S. S. Gray estate.

NOTICE TO SHERIFF: James W. Draper filed Bill of Complaint this date against Job M. Morgan, Executor of the Last Will & Testament of D. M. Morgan, deceased and Job M. Morgan [as an heir], G. H. Morgan, Sallie VanHooser, John VanHooser, Louis A. Morgan, L. K. Smith, Lucinda Ballard, Joseph L. Ballard, Nancy Richmond & S. A. Morgan.

Defendants have been contracting and conveying their interest as heirs of D. M. Morgan, or some of them have, to defendant John VanHooser, and others have contracted to convey.

The personal estate of D. M. Morgan has been nearly exhausted, leaving nothing to pay any recovery against them by the Devisee and heirs of S. S. Gray in the cause mentioned against Draper & Morgan.

Enjoin from conveying remainder until matter is settled. 2nd Monday in March 1877.

ANSWER: J. M. Morgan, George H. Morgan, Sam A. Morgan, Lewis A. Morgan, John VanHooser & wife Sallie VanHooser, Joseph Ballard & wife Lucinda Ballard, Stewart Richmond & wife Nancy to Bill of Complaint against respondents and Lewis K. Smith, who is a minor.

D. M. Morgan departed life in August 1872 leaving respondents his heirs, correctly set out except guardianship of Lewis K. Smith. True Daniel M. Morgan made a will, owned land, personal estate not large.

Testator [Daniel M. Morgan] and J. W. Draper, the complainant, were appointed pendente lite [appointed during the suit while litigation continues] of the estate of S. S. Gray, deceased, made settlement. Also true that Martha J. Lee has filed a suit to make the administrators pendente lite liable to her for means they had used in payment of debts of Sam S. Gray. Case has been tried, Morgan & Draper exonerated. 2 December 1878.

BILL OF COMPLAINT: James W. Draper against Job M. Morgan as Executor of the Last Will & Testament of Daniel M. Morgan, and Job M. Morgan in his own right, Sallie VanHooser & husband John VanHooser, Louis A. Morgan, Lewis K. Smith, son of a deceased daughter of D. M. Morgan, all of Jackson Co., TN; and Lucinda Ballard & husband Joseph Ballard of the State of Kentucky, Nancy Richmond & husband Stuart of the State of California, Sam'l A. Morgan [over written, believe "Clay"] Co., Tennessee.

1872 Daniel M. Morgan departed life in Jackson Co. 2 Sept 1872, Job M. Morgan qualified as administrator. Deceased owned land in Dist. 1 on waters of Roaring River containing [blank] acres, adjoining land of John M. Burris estate, Sam S. Gray estate, J. Z. Beck's & Jefferson Roberts & probably others.

Samuel S. Gray departed life [blank] 1862 after having made a Last Will & Testament and that contest arose concerning probate, litigated several years. James W. Draper & Daniel M. Morgan were appointed and qualified as administrators pendente lite, rented out Gray land, hired out Negro slaves belonging to estate up to time emancipated or taken shelter under Federal Armies.

Martha J. Lee, beneficiary of Sam S. Gray, filed to hold them personally liable for debts.

[NOTE: There is a lengthy case on Sam S. Gray and his father William Gray. Both left wills, took 35 years to settle, proves 4 or 5 generations. I do not recall which reel it is on nor who was the plaintiff - mlj].

ORDER & DECREE: Compromise of James W. Draper, agent & attorney of L. F. Brooks & wife against William Ray and James McCall, Admr of Amelia McCall, deceased. L. F. Brooks and wife Martha to recover of William Ray & James McCall, Admr of Amelia McCall sum of $205.75 1/2 plus costs and costs of winding up estate of Amelia. Brooks not to be liable for any costs.

DEPOSITION: A. M. Ferguson age 55. Knew Amelia McCall in her lifetime. We owed each other money. I paid her administrator Amelia McCall, not her husband William McCall. First note was given to Amelia, renewed after her death to her husband, paid it off after the death of William. s/s A. M. Fergusson

DEPOSITION: James W. Draper, 66. Made a note with William McCall in his lifetime, with William Draper my security.

25 March 1854 paid interest I think to William McCall.

29 August 1857 paid Amelia McCall interest on said note together with interest on a note executed to Amelia.

6 September 1858 paid Amelia the interest on both notes and executed a renewal note [combining them].

25 October 1859, paid interest on renewal note.

Late 1862 or early 1863, paid off the note to James McCall, Admr, after her death. s/s

RECEIPT: State vs John S. Jenkins } Larceny

J. W. Carver wit for state, 4 days Sept Court 1882. s/s W. M. Gailbreath, Clerk

INVENTORY & SALE: 18 Oct 1874 - Pur. J. B. Witcher, Sid Spivey, R. G. Jenkins.

SUMMONS: James E. Wheeler & Elijah Wheeler, 1st Monday in Feby 1869 [No depositions on film. Possibly complainant withdrew bill].

ANSWER: Margaret Y. McClellan to Bill of Complaint of James Draper. Admits filing petition to sell certain lands and Complaint as her attorney wrote the petition. She denies having furnished him with the description of the Butler tract. Does not know where he got it.

Admits purchase of Butler tract and that there is an error in the west boundary line.

The lines can be compared and corrected. Complainant's land where he lives adjoins the Butler tract and he knew boundary better than she did, supposes it Complainant's error.

Respondent denies that the Butler tract which sold runs into Elijah Wheeler's can, which can be seen by deed of Elijah Wheeler to Absolum Butler, so Elijah Wheeler can not now claim.

Absolum Butler owned and was in possession of the property for 18 years. Denies Wheeler claiming any part of Butler tract which she sold to complainant.

She does claim the Mosley or Williams tract lying on the south side of the Butler tract, and employed Complainant who is a good surveyor to take his compass and run the north boundary line to the Hobby tract.

There are no grounds to have the sale set aside, asks that cause be dismissed. 2 June 1856. s/s Margaret Y. McClellan

SUMMONS: James G. Cunningham & Henderson E. Herrod to appear, 1st Monday in August next. 26 March 1869.

SUMMONS: Tobias Gipson & R. Fox to appear 1st Monday of August next. 1st Monday in February 1869.

TO SHERIFF: James Draper has this day filed Bill of Complaint against Joseph B. Rogers, Coleman White, P. H. Leslie, H. H. Herod & James G. Cunningham. 1st Monday in February 1869.

BILL OF COMPLAINT: James Draper of Jackson Co. against P. H. Leslie of the State of Kentucky, Joseph B. Rogers & Coleman White of the State of Texas, and James G. Cunningham & Henderson E. Herod of Jackson Co.

Defendant Joseph B. Rogers in 1858 owned Complainant $40 fee as his solicitor in the case of Polly Darwin & George C. Darwin, Admx & Admr against Joseph B. Rogers, et al. Secured a decree against Rogers as principal and Complainant as security for $62 plus $40.17 costs.

Rogers in order to pay it off, arranged to transfer to Coleman White, who was owed money by P. H. Leslie [Basically they are trying literally to get the other guy to "pass his buck" to Draper, who doesn't care who pays - mlj].

ANSWER: P. H. Leslie states about 1856-1859, he had money fall in his hands from Coleman White when Respondent Leslie lived in Jackson Co. and White lived in Collin Co., Texas. One Rogers, who was a relative of White, lived in the vicinity of White.

W. H. Botts, who once was a resident of Jackson Co. and now lives in Glasgow, Kentucky, about 55 miles from Gainesboro, may or may not have heard a conversation concerning the debts. State of Kentucky, Franklin County} s/s P. H. Leslie

TRUST DEED: I, R. P. Scott to James W. Draper for $5.00... tract in District 13, Jackson Co., waters of Lock's Branch of Cumberland River, estimated 135 acres where I now live, bounded by lands of Ensley Williams, Nancy Lock & others.

This deed made for following use and no other. I am indebted to William C. Pursell in the sum of $400 by note due 12 months from this date, and said William Pursell is my security for $75 for stay of judgment for the benefit of James P. McCoin. Also I am indebted to A. and J. S. Draper in the sum of $20 dated about Jan 1860. Also I am indebted to R. C. Kirkpatrick for about $35, note dated 1 Jan 1860. Also indebted to E. L. Gardenhire for $10, note dated some time in 1858. Am desirous debts be paid. If I should pay debts by 2 May next this deed to be void. If not, then James W. Draper after 20 days notice in writing to be posted at three or more public places in Jackson Co., one being the Court House and one in Dist. 13, land to be sold and money first paid for costs of sale and then to creditors and balance to me. 2 May 1860. s/s R. P. Scott Witness: A. W. DeWitt, Sport Cherry

BOND: James W. Draper & David H. Draper and Ensly [Wilmore] are indebted to Richmond P. Scott and John VanHooser this 1 April 1861. Ensley Wilmore & James W. Draper filed this day a Bill of Complaint against Scott & VanHooser for relief from attachment. s/s James W. Draper, Ensly Willmore, David H. Draper

BILL OF COMPLAINT: James W. Draper & Ensly Wilmore against Richmond P. Scott of parts unknown and John VanHooser, William C. Burcell and R. C. Kirkpatrick of Jackson Co. At [blank] term 185[blank] R. P. Scott and John VanHooser were appointed Administrators of the estate of Mary Dotson, deceased, gave bond and qualified. Settlement made 1 April 1858, $126.95 is due the distributees, for which Orators are liable.

Defendant VanHooser is insolvent. Defendant Scott removed, is removing or absconded or is absconding. Scott fraudulently executed deed to trust to Orator James W. Draper for the benefit of William C. Purcell and others. VanHooser has a tract of land in Jackson Co. which has been ordered sold to satisfy debts in favor of Will Cooke, Russel Kinnard & Thomas L. Bransford. If anything remains after satisfaction of those debts, asks it be applied to money due Mary Dotson's heirs. s/s James M. Draper, Ensley Willmore

COMPLAINANTS: James W. Draper, H. Denton, B. B. Washburn, John S. Draper and Asberry Draper

DEFENDANTS: Richard York and William E. Pursell

REPORT OF SALE: Clerk & Master's sale of land in obedience of interlocutory decree Feby term 1869. Sold 6 April, 1869. James W. Draper became purchaser for $150. Tract north side of Cumberland River on Hensley Creek on which defendant Richard York now lives, being 100 acres more or less and fully described in deed of John M. Richmond to Richard York.

DEED OF TRUST: From Richard York to William E. Pursell for $1.00, land in Dist 13, Jackson Co. on Hensley's Creek where I now live...100 acres... described in deed executed by John M. Richmond to me known as the Robert Berk place, 3 yearlings, 400-500 pounds of tobacco. Deed for the following purpose only.

I am indebted to James W. Draper, note due July 31, 1856 and [two other notes, same period]. Also judgment in favor of A. J. and John S. Draper in 1860 against Richard York. Also note due Denton & Washburn dated 8 July 1859.

If I should fail to pay by 1 March 1864... land to be sold to pay debts. 21 Jan 1861. Richard [his X mark] York

BILL OF COMPLAINT: James W. Draper, H. Denton, B. B. Washburn, John S. Draper and Asberry Draper against Richard York and William E. Pursell, citizens of Jackson Co. except H. Denton of Putnam Co.

York owes Complainants money. William E. Pursell has deed of trust from York. Asks land be sold to pay debts. 31 March 1868.

REPORT OF SALE: 1st Monday in March 1874, James A. Montgomery were high bidders for $50, became purchasers and they being the beneficiaries in said sale no money was paid.

BILL OF COMPLAINT: James Draper against Jonathan B. Wilson of Jackson Co. About April 1871 Complainant recovered judgment against defendant for $120.37, being purchase money due for tract of land and adjacent land where Wilson once lived, being that part of the William Forkum tract on waters of Cub Creek.

SUMMONS: George Brothington [sic] to appear before J. P. to answer Bill of Complaint. 25 October 1882.

[NOTE: This is not a lawsuit. Following are six pages of monies owed various individuals, apparently for witness fees, accounting of court costs. John S. Draper is listed as Acting J. P., Debtor. Brotherton was likely responsible for seeing they were paid, accounting for the money].

Defendant enters "Not Guilty" plea July term 1888.

SYNOPSIS: Plaintiff John Draper sued William Carver for $10,000 damages. Sampson Woods, alias S. R. Woods, was in possession of a building containing "valuable property".

Building was on fire... defendant maliciously and fraudulently said in the presence of divers person... "Draper clan blowed the house up with a dynamite"... thereby falsely and maliciously charging him with the crime of arson.

BILL OF COMPLAINT: John Draper & A. R. Draper of Jackson Co. against J. M. Denton and Youn Wilson of Jackson Co. 1 Sept 1891 they sold defendants a steam engine, boiler and corn mill. The corn mill is now setting at Rough Point on Bullar's Creek and we retain lien on mill, boiler and engine until paid.

Complainant John S. Draper makes oath that defendant J. R. Draper is dead and died without issue. He left Nettie Draper his widow. Defendant Elvira Draper intermarried since this suit was brought with William Kittrell. s/s 18 December 1888

INVENTORY & SALE: Personal property of J. W. Draper, deceased by A. W. Draper, Admr, June 1879. [About 25 pages of notes and warrants due, page of tools and livestock, five more pages of warrants due]. Total personal property $6,476.58.

ANSWER: Wade H. Draper and William Draper to Bill of Complaint. James W. Draper departed life intestate in Jackson Co. leaving Complainant Ellen Draper his widow and J. S. and A. W. Draper his only heirs. A. W. Draper was appointed and qualified as administrator. A. W. Draper was sick a good portion of the time during his administration, and no settlement has been made.

A. W. Draper died intestate and respondent Wade H. Draper was appointed administrator debonis non of estate of J. W. Draper and is still acting in that capacity.

BILL OF COMPLAINT: John S. Draper and Ellen Draper of Jackson Co. against William Draper, Admr debonis non of James W. Draper, deceased; W. H. Graves Admr of A. W. Draper decd; Elvira G. Draper the widow; and J. R. Draper, R. L. Draper, Lou Herod & her husband James W. Herod the only heirs and distributees of A. W. Draper, decd all of Jackson Co. except J. R. Draper a citizen of Davidson Co.

Several years ago James W. Draper died intestate. Ellen Draper his widow and children and heirs John S. Draper and A. W. Draper who has since died.

A. W. Draper was appointed administrator, [blank] 1881 said A. W. Draper died in Jackson Co. W. H. Graves was appointed administrator of his estate.

About the same time, William Draper was appointed administrator debonis non of James W. Draper.

DEPOSITION: Jeramiah Ray, know parties. Made a settlement between John Draper & son and John G. Howell as to their logging business [Several pages of expenditures and receipts filmed]. 3 Sept 1895. s/s Jeramiah Ray

DEPOSITION: John Draper [There are about 80 pages of this deposition. P. about 59, it is established that John Draper's son in the logging business was A. R. Draper - mlj].

DECREE: Cause of J. S. Draper against W. A. York and wife M. C. York. Complainant's bill be dismissed. Defendants recover of Complainant and M. G. Butler and J. T. Anderson, his sureties. Defendants pay witness attendance of J. D. Watson, James Price, Porter Hix, C. C. Hix, George Brotherton. Sept 1892.

DEPOSITION: Susan Griffith age 74. Know land in litigation and parties. I am the mother of J. S. Draper's wife and W. A. York's wife.

BILL OF COMPLAINT: John S. Draper against William A. York and wife M. C. York. Complainant sold defendant land May 1, 1891, deed same day for $600, Dist. 1, Jackson Co... boundary land Dixon lands down the creek to a channel... stake for purpose of dividing land of John S. Draper and William A. York & wife M. C. York.... to David Griffith's tract of land.

Land in litigation was part of a large tract owned by David Griffith who was in debt to one Settles, who had a mortgage on Griffith's land. Land was sold to pay debt when Mary J. Stone, now Draper & wife of complainant, purchased it for a little more than $1400. Respondent M. C. York purchased of said of said Mary J. Stone the portion of the Griffith tract mentioned in the Bill of Complaint, and paid her for it. [No date]. [Signed] M. C. York W. [his X mark] York

DEPOSITION: Jno S. Draper age 57. Sold land to W. A. York.

Question: Was your wife Mary J. ever the guardian of Haywood York?

Answer: I recon [sic] the record would show that.

Question: Who was your wife before you married her?

Answer: Mary J. Stone

Question: What is the relationship between your wife and M. C. York?

Answer: They are sisters.

Question: Were you and your present wife married at the time she purchased said land?

Answer: Afterwards. 15 June 1892. s/s John S. Draper

DEPOSITION: M. C. York age 47. Have known John S. Draper all my life. He is my brother in law. W. A. York is my husband. Known land all my life, am living on it now. In 1888 he [Draper] had a settlement at my house and his wife told him that the way Clay and Bill - that is me and my husband - had paid their money, it had done them some good and now they had a house.

Question: When was you and W. A. York married?

Answer: '68.

Mary J. Stone bid the land off in '66 at C & M sale. I bought of her late '66.

Question: Was this land part of the David Griffith farm and was he your father?

Answer: Yes sir. It is part of the David Griffith farm and he was my grand father.

[Skips a few pages and then picks up - mlj].

Question: Mary J. Draper is then your sister.

Answer: Yes sir. 9 July 1892. s/s M. C. York

DEPOSITION: George Brotherton. Commenced work for Mary J. Stone, now Mrs. M. J. Draper in 1871 before her marriage. Was there about three years. Mary J. Stone was Guardian for Hawood York and owed him some money. W. A. York bought the claim. [No date]. George [his X mark] Brotherton

DEPOSITIONS: J. D. McCoin s/s; C. C. Hix, s/s; J. D. Watson [X] - [Nothing new, no ages given].

DEPOSITION: W. A. York. Clay York bought land of Jose Jone, now wife of the complainant, in the latter part of 1866. Jose Draper was guardian for my brother Hawood York and had means of his in her hands. I bought the debt. W. A. [his X mark] York

Milton Draper vs Sampson McClelland, guardian for minor heirs of Andrew McClelland, deceased, a citizen of Smith Co. and Robt J. C. Gailbreath ?Jr, John P. Murray, and Harvey H. Draper all of Jackson Co.

March 1858 Sampson McClelland, guardian, recovered judgment against R. J. C. Gailbreath, Jno P. Murray and Orator as securities. [Nothing new, documents recopied here. Continuation of case earlier abstracted, same reel, same parties to suit - mlj].

ANSWER: David G. Shephard to Bill of Complaint. True W. B. Thackston died intestate in Jackson Co. 1850. Plaintiff Draper is Administrator. Little or no personal estate of Henry B. Thackston; died seized and possessed of 44 acre tract of land. 5 August 1852.

BOND: James Draper to Steven Craighead for $80. Will convey tract in Jackson Co. when same is paid for, bounded by William Huffines on east, by Craighead on north to conditional line marked by Draper and Craighead, bounded by land of Hicks... Peter Forkum, being about 40 acres. s/s James Draper. Wit: Harvy Draper, William Draper

ANSWER: Aletha A. Thackston to Bill of Complaint. True she is the widow of Henry B. Thackston. After receiving a year's support and what was exempt by law, but little left of personal property. Only children and heirs at law are Mary Elizabeth Thackston, John B. Thackston and Martha Thackston. 2 July 1852. Aletha A. [X] Thackston

CROSS-BILL: Complainants Milton Draper and Thomas D. Simpson. Thomas D. Simpson, Complainant in bill and amended bill and Milton Draper, Complainant in cross-bill and Thomas D. Simpson & others are defendants. 18 May 1850.

DEPOSITION: Sam E. Stone, states he had a conversation with Thos D. Simpson about the time he bought tract of David Johnson on Flynn's Creek. Told him there were judgments against David Johnson.

ACCOUNT: Charges by Henry B. Thackson [sic] with D. G. Shepherd & Co. From September 1846 - September 14, 1850.

PERSONAL PROPERTY INVENTORY: Estimated at $91.95

APPOINTMENT OF GUARDIAN: William York was this day appointed guardian to Matilda York, Pharis York & Lewie York, minor heirs of John York, deceased. Security M. G. Butler & F. M. Price. 1 June 1874. William [X] York, s/s M. G. Butler, s/s F. M. Price

C & M REPORT: On 14 August 1872, Court house burned, papers destroyed. Mary J. Stone was then and is now guardian of minor heirs of John York, deceased. Court to renew bond. Mary J. Stone, guardian of Matilda York, Lewis H[aywood] York & Pharis York. No date. [Note: Draper, John S. vs William A. York & wife M. C. York establishes William York had a brother Haywood York - mlj].

RECEIPT: Received from Wm York, Guardian $267.57 all that is due me Wm York, Guardian. Final Settlement, 27 Feby 1878. Lewis [his X mark] York

FINAL SETTLEMENT: William York, Guardian of Pharris York, Pharris being 21. 1 March 1878.

William York appointed guardian of Matilda York September 1875.

GUARDIAN STATEMENTS: With Mary J. Stone, aka Draper [filmed]

ANSWER: John J. Gore, guardian ad litem for minor defendants Bedford Bilbrey, Felix Bilbrey, Rosa Bilbrey & Arba Hancock to Bill of Complaint filed by R. L. Draper.

Neither admits nor denies J. C. Bilbrey & wife Peru executed mortgage.

Mortgage Deed: Whereas I am indebted to G. W. Birdwell and J. D. Quarles and whereas R. L. Draper assumed said debt, we James C. Bilbrey and wife Peru sell tract on Jennings Creek, 13th District, bounded south and west by Elvira G. Kittrell, north by M. E. Bilbrey, east by land of Gore & Birdwell, being a part of Johnie McDaniel land... same I purchased from Clay Hix. This deed is for this purpose only. If I should pay said debt, this deed shall be void. Dated 26 March 1907. s/s J. C. Bilbrey, Peru B. [her X mark] Bilbrey

BILL OF COMPLAINT: R. L. Draper against Mrs. Peru Bilbrey, M. E. Bilbrey, W. P. Bilbrey, Sallie Holloway and her husband John Holloway, Maggie Bailey and her husband Lewis Bailey, Bedford & Felix Bilbrey, Arba Hancock, Rosa Bilbrey, Radford Bailey, Vera Brow[?n] and her husband Andres Bro[?wn].

Since the execution of mortgage, J. C. Bilbrey died intestate. His widow is Peru Bilbrey. Heirs at law are defendants except widow Peru Bilbrey and husbands.

Bedford Bilbrey, Felix Bilbrey, Arba Hancock and Rosa Bilbrey are minors without guardians.

DEPOSITION: Kissiah Speakman, about 15. In June 1871 my mother Mary Speakman and myself went to the house of John S. Draper. My mother and Mrs. Draper were in one room and John Draper was in the other where I could see him. He exposed his private parts to me. Ritter Kirkpatrick (col) was with me at the time and saw the same. [No date]. Kissiah [her X mark] Speakman

DEPOSITION: Scott Poteet [no age]. John Draper told me intended to quit the Harris girls and get him another girl and he had one picked out and was going to name it to her next time he saw her.

Was there when they had words... called her a damned Ethiopian Macon Co. bitch. She lived in Macon Co. before they were married, had relatives living there at Greenbrier.

I saw him late in the evening carrying a shoulder of bacon in the direction of where Nancy & Margaret Harris lived.

DEPOSITION: John Dotson [no age]. Heard John and wife quarrel.

DEPOSITION: Baily Williams [no age]. Known Mrs. Sallie Ann Draper 15 years. She boarded at my father's in Smith Co. two years and taught school in my father's neighborhood before she married.

DEPOSITION: William Roberts, William Kemp, Mrs. Augustus Stone [Sallie Draper of good character. No ages].

DEPOSITION: Daniel Strode. Went with John Draper to see the Harris girls... nothing improper.

BILL OF COMPLAINT: Married Jackson Co. 1861, first year fine, last six worsened... disagreeable... vexation and misery, ardent spirits. Never had but one child born and it was killed at birth by the physician [Note: She wanted to use her physician, they used the one John S. wanted her to use, who probably lived nearer to them - mlj]. Since the birth have been suffering greatly from a disease peculiar to the female sex. s/s Sarah Draper

AMENDED BILL OF COMPLAINT: On 1 October filed bill for divorce. Charge adultery with Nancy Harris, Margaret Harris, Fannie Moss and Mary Burton, women of base character. 1 March 1871 at house of defendant, an orphan girl Minerva Poteet, now Minerva Rains, of virtuous character was insulted... exposure of the person of John S.

About June last Kizzie Speakman age about 14 or 15 was visiting our house, defendant exposed himself to her... immediately left the house in tears.

Defendant owns land in Dist. 8 bounded by James W. Draper and Jennings Creek, T. C. Quarles, Lewis Hicks and George Birdwell being about 340 acres. For a more particular description refer to deed of defendant James W. Draper. [Also lists household goods and other personal property]. Defendant James W. Draper holds note on John S. Draper for $500. Ask he be made party to this bill to determine what other assets John S. Draper may have. 1 November 1871. s/s Sarah Draper

PROSECUTION BOND: Sarah Draper, Principal and Geo McKennis, Security. 1st October 1871.

DEPOSITION: Manerva Poteet age 18. Known parties 3 or 4 years. I have been married going on two years. Visited before my marriage. Mrs. Draper was helping me in cutting and fitting of my garments. Was at the house of John S. Draper in the Spring of 1871... insulted by John S. Draper... showed me his nakedness. Manerva [X] Poteet

DEPOSITION: Elizabeth Myres age 65. Saw Sallie Draper fall from her horse, appeared considerably hurt. Known John S. Draper since a boy, her since they married. Is a woman of violent and vindictive temper. Live about 5 miles of them most of the time since they married. John S. Draper provided well for his family. 20 April 1872. Elizabeth [X] Myres

ANSWER: John S. Draper to Bill of Complaint of Sarah Draper. Complainant suffered grief caused by childbirth, quit his bed. Calls for proof of allegations. Her father Kneel McKinnis, who lived about 10 or 12 miles from her, had a spell of sickness. He went with her to visit him. Complainant has awful temper and fierce tongue. Respondent always treated her kindly... borne her abuse with humiliation more than most men would have done.

About [blank] July or August 1869, drafted a bill of divorce, believe helped by W. H. Botts. Complainant quit the bill and came back and lived with him as his wife with as full a knowledge of the adultery herein mentioned. Her allegation she did not learn fully of adultery until the day before she filed her last bill is false. After she filed her first bill she had full knowledge... came back and lived with him two years next before filing the amended bill.

Denies exposure about 1st March 1871 to Minerva Poteet or Rains.

Denies exposure to Kiza Speakman... calls for strict proof. s/s John S. Draper

DEPOSITION: S. C. Griffith, about 72. Known John S. Draper since before he was grown and Sarah since they married in about 1861 or 2. Heard Sallie talk a good deal, never heard John say much. Were kind with one another when Sarah was in a good humor. She is of high temper.

Sallie said John was running after Frances Moss, Mary Burton and Nancy Harris... only ones I heard of since they've been married. John S. Draper provided well. She was industrious, sewed, had butter and egg money... always kind to her husband when she was in a good humor with him. 20 Sept 1872. Saml [his X mark] Griffith

DEPOSITION: Sallie Allen 38. Lived and Sallie and John Draper's house most of 1871. He seemed to treat her nice. Sometimes they would quarrel. John S. provided well. Sallie Armel and Sallie Draper went in search of those women... Frances Moss and Mary Burton, didn't find them. Said if she'd found John S. and them together she would have blowed all their damn brains out.

DEPOSITION: Rebecca Strode, age 29. Winter of 1866, Sallie Draper said John S. had been lying out with Frances Moss. He always treated Sallie well. She would say harsh things to him.

John S. Draper had been forced to move away from home in 1863 or 4 because of the war. He went across the River on Buchanan's land. s/s Rebecca A. Strode

DEPOSITION: Rhoda Bell age 47, for defendant. Know parties. Was there when she was confined during childbirth. She was ashamed of her condition... being sick. He was kind. Sallie Draper is my husband's cousin. Live 1 - 1 1/4 mile of them.

DEPOSITION: Lyda Gore age 36. Know parties. Never saw him mistreat her. She was since once and he said he'd go for a doctor but she would not let him. She accused husband of adultery. Would visit them, stayed all night one night. They bedded with each other. Lyda [her X mark] Gore

DEPOSITION: Polly Roberts age 43 [Nothing new]. Polly [her X mark] Roberts

End of Reel #67.