Jackson Co., TN Loose District/Chancery Court Papers Reel #68
Draper, S. - Duke, J.

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

DEPOSITIONS: House of David Myers, 20 April 1872, in Jackson Co.

Elizabeth C. Buchanan 57, known John & Sarah Draper since 1863, John before then. They lived upon the land of my husband D. R. Buchanan in 1863 or 1864, about one-fourth mile from us. Mrs. Draper taught a five-months school while there. Mrs. Draper would threaten to leave him and go to her brother's in Mississippi. She was a high tempered person. Went out in her night clothes one night to the barn where he was playing cards. He had bet $100, her pocket knife and a blanket she had made him and lost it. s/s Elizabeth C. Buchanan

Mathew Beel about 49. Known Sallie Draper the rise of 30 years and John S. 10-12 years. Sarah Draper is my first cousin. I live about 1 1 1/4 mile from them. They have lived there about 4 years. I lived about 2 miles of them before that and lived there about 6 years. He treated her kindly. Her treatment of him was sometimes very good and sometimes very bad. Never saw her equal for temper. When she lived with her father, she would sometimes have a falling out with family.

Dr. S. F. Murray was her doctor during child birth and she spoke very highly of him. Her father was lying at the foot of death, she procured Dr. Murray to go with her to visit him. She said Murray had helped her father.

John Draper liked to play cards and liked his dram. I brought a quart with me one time and we drank it. s/s Matthew Beal

Elizabeth Myers, about age 35. E. J. [her X mark] Myers

DECREE: Defendant guilty of cohabiting with Frances Moss, Nancy Harris & Mary Burton, women of lewd habits since intermarriage with complainant. Bonds of matrimony be dissolved... complainant entitled to a homestead and $1,000, she consented to payment of $1,000 within two months... lien on property.

ANSWER: James W. Draper to bill of complainant states he conveyed by deed to his co-defendant John S. Draper, his son, the lands mentioned in complainant's bill.

DEPOSITIONS: Taken 8 October 1872, Chancery Court, Lafayette, TN.

Pattie Young 42. Am acquainted with Sarah Draper, formerly Sarah McKinis. She boarded with me several months whilst going to school, was about 17 or 18 years old. Agreeable and easy to get along with when she boarded with me. s/s M. W. Young

H. S. Young 57. Have examined the above deposition of my wife... adopt the same. We lived 15 miles of Sarah's father, but know nothing of her disposition in her father's house. s/s H. S. Young

James W. Johnson 35. Got acquainted with Sarah whilst she was going to school at this place, I think 1855 or 1856, one or two sessions of five months. She was a classmate of mine in mathematics. Agreeable. s/s J. W. Johnston

Malvina J. Dixon age 13. Know parties. I was at the house of John and Sarah Draper in 1871, saw no improper conduct. Malvina [her X mark] Dixon

DEPOSITIONS: 23 October 1872, C & M's office, Gainesboro, Jackson Co., TN.

G. C. Jourdan, about age 40. Occupation Physician. Dr. S. F. Murray and I attended complainant for would received from a horse. I was not there when her child was born. She was laboring under severe Convulsions for several days and the child might of died before it was born.

Question: Taking into consideration the severity of the convulsions &c state whether... physician would have been justified in dissectig [sic] said child.

Answer: He would be justifiable and is often done under such circumstances.

I have been a merchant in the town of Gainesboro. s/s G. C.Jourdan

DEPOSITIONS: Lawson D. Pate age 29, James H. Young 31, Samuel G. Slaughter 40, taken 6 February 1860.

Lawson D. Pate: A. F. Draper presented two notes with his and T. J. Draper's name on them; one payable to J. H. Young the other to J. H. Young & brother. I signed the note payable to J. H. Young, objected to signing the note to J. H. Young & brother because it was a joint note. I was afraid Byrd S. Young would come in for the payment before A. F. Draper had the money. Was July or August 1857. s/s L. D. Pate

James H. Young... my brother B. S. Young.

Samuel G. Slaughter: A. F. Draper paid off the note 14 June 1858. s/s Saml G. Slaughter

Samuel M. Fite, age about 43, taken 4 Feby 1860 at court house in Carthage, Smith Co. [Nothing new]. s/s S. M. Fite

BILL OF COMPLAINT: Thomas J. Draper of Jackson Co. against Addison F. Draper. States Adison F. Draper became indebted to him, said he would indulge the debt provided Addison would give him notes with good security.

[Note: Name on file jacket "McDaniel"; documents "McDonald". Have seen an affidavit on a revolutionary pension that these spellings were used interchangeably - mlj].

BILL OF COMPLAINT: Thomas J. Draper, next friend of Thomas Holliday against Wilson McDonald. Thomas D. Holliday is a minor under 21. Some time about 27 June 1853 Wilson McDonald & William McDonald sold Thomas D. Holliday a tract of land. Holliday executed two notes, first for $600 due 25 Decr 1853 and 2nd for $100 due 25 Decr 1854. Notes were executed to Wilson McDonald. William McDonald executed a title bond to Holliday for $1400, to be void when $700 was paid to William McDonald.

Said Holloday being very young, was cheated and overreached. Wilson and William McDonald misrepresented number of acres as 120 but was 100 acres. Neither William nor Wilson McDonald has title, only a title bond from one John McDonald who is to make a title bond to William when he (John) gets a title. Not worth but about 2/3 of $700, boundaries uncertain.

Holliday paid to Wilson McDonald a gray mare worth $85-$90, credited to purchase at $75. McDonalds are in the habit of transferring title to one another to hinder and delay recovery. 5 Sept 1853. s/s Thomas J. Draper, T. D. Hollorday

DEPOSITION: J. H. L. Brown, age 77, live Cookeville, Putnam Co. In 1903 lived 11th District, Jackson Co. Known J. A. Durham since 1865 or 1866. Wrote a deed for him dated 3 Sept 1903 from J. A. Durham to Andy Mayberry at Andy's residence. Andy and his wife were there and John H. Chaffin, the county court clerk, think Lewis Birdwell, believe may have been county register at that time.

Durham told me he had conveyed his land to Andy Mayberry & his wife Martha, but he wanted to change it and have it go to B. E. Meadows & his wife E. J. at the death of Mayberry and his wife. He said he had forgotten that part when the first deed was written. Don't remember if the first deed was signed. I burned it at Durham's instructions. He excepted the grave yard. Durham was retaining the use and benefit of the land during his life.

Durham seemed to be of sound mind. Was an old man, somewhat feeble. J. A. Durham died in 1914. Understand J. H. Chaffin who acknowledged the deed and J. L. Birdwell, a witness, are dead. s/s 8 May 1914.

MORTGAGE DEED: For the purpose of securing a note for $500, I, James Durham, transfer right, title and interest to W. N. Norton in tract of land 11th District, Jackson Co... begin at a poplar in Frank Haile's line, running north to an elm at the corner of a fence, thence southwest to a small hickory on the side of a gully, thence northwest to a walnut, thence northwest to an elm near T. J. Draper's southeast corner, thence north with T. J. Draper's line to Flynns Creek... up Flynn's Creek to the mouth of a draw, thence with said draw to Frank Haile's line... point of beginning. If I pay it off with interest before maturity, this to be void. September 10, 1907 s/s J. A. Durham

BILL OF COMPLAINT: T. J. and J. M. Draper against Treva Johnson, Myrtle Johnson, Hazel Johnson, Maggie Johnson, Jessie Johnson, John Johnson, Arnold Johnson and Mack Henson.

Since the deed was executed by J. A. Durham to John B. Johnson in 1913, Durham and Johnson have both died. Durham left no wife or children. John B. Johnson left widow Treva and six children, defendants Myrtle, Hazel, Maggie, Jessie, John and Arnold,* all minors without general guardians. Since filing this bill Mrs. Treva Johnson has been appointed on 27 April 1914 general guardian for minor children. [*Also Dorris Johnson; delayed birth certificate #99964 recorded July 21, 1911 lists her place of birth as 11th Civil District, Jackson Co., TN. Father John B. Johnson, occupation Farming. Mother Trevy Johnson - mlj].

DEED: John A. Durham to Andy P. Mayberry & wife Martha during their natural lives... begin at a pin oak on banks of Flynn's Creek... short distance below where Louis Durham now lives... line between me and T. J. Draper... being same tract purchased by me from J. A. Montgomery, Executor of James Draper.

2nd Tract... begin corner of above tract... corner in D. B. Haile's line... drain opposite a beech where it empties into the creek opposite W. B. Norton's house... being the place I bought of D. B. Haile, during the life of Andy P. and wife Martha K. Mayberry... feel I am under obligation to B. E. Meadows & wife E. J. Meadows for much service and attention... my former days, especially E. J. Meadows* whom I partly raised... convey absolute after death of Andy P. & Martha K. Mayberry.

Exclude small graveyard 31x35... convey in trust to my friends J. A. Montgomery, Byrd Anderson, W. M. Gailbreath and A. P. Mayberry... they take charge, care for, appoint successors. s/s J. A. Durham

[*Note: E. J. [Etta J. Wheeler] Meadows was Treva's proven sister; Reel #124, Jackson Co. Loose Court Papers - mlj].

ANSWER: Treva Johnson, Myrtle Johnson, Hazel Johnson, Maggie Johnson, Jesse Johnson & Arnold Johnson, last six minors by their general guardian.

True Respondents are in possession by virtue of a general warranty deed to John B. Johnson by J. A. Durham dated [blank] 1913.

True Treva is the widow of John B. Johnson. Other defendants except Henson are his only children and heirs at law [also Dorris Johnson; see above].

Defendant Henson rented a portion from one Frank Lawson who had previously rented same from the said Johnson.

Respondents aver it was not a deed but a testamentary paper revoked on execution of deed to John B. Johnson. 14 May 1914. s/s Treavy d. Johnson

DEPOSITION: W. M. Gailbreath age 63, am circuit court clerk & Clerk & Master. Knew J. A. Durham 1866 or 67 up to his death. Wrote the deed to Andy Mayberry & wife at Durham's house. Heard John H. L. Brown say he had burned deed in his testimony.

One or two years after he made the deed to Mayberry, Durham came in my office and said they could not get along, wanted to buy the land back from Mayberry & wife and could get it for $1000. I heard later that L. C. Durham, a half brother of J. A. Durham and B. E. Meadows had bought it. Durham said Lewis [L. C. Durham] had two very fine girls, they would treat him right and get along nicely. J. A. Durham was about 84 at his death. [Signed] W. M. Gailbreath.

DEPOSITION: Johnson Spurlock age 43, live 11th District, occupation mostly a farmer. Acquainted with J. A. Durham all my life, more so the past 5 or 6 years. Talked to Durham about Durham purchasing the remainder interest in his land from Andy Mayberry. s/s Johnson Spurlock

DEPOSITION: W. N. Norton, 11th District, occupation farmer. Know Draper, lived adjoining farm, our residences are about a mile apart. Have lived there 18 or 19 years. Durham moved off from his farm a while. Mind started getting bad. I'd see him and he'd just go to crying, couldn't remember something from one minute to the next. He moved back and took John B. Johnson with him. Mr. Johnson was kind and attentive, always humoring the old man. John B. Johnson ran the farm.

CONTINUED to WEDNESDAY 14, 1914.

DEPOSITION: Andy Mayberry, live 11th District, age 60. Knew J. A. Durham 40 years. We lived in a separate house on Durham land several years and in the same house for 8-10 years. Durham about two years before his death got forgetful and would start crying. He was 85 or 86 when he died. We were living with him, and his wife got down sick. She was blind. We waited on her [cared for] some several years. She told him she wanted him to make my wife and I a deed to the place and he promised her he would. After his wife died, he sent for Mark Gailbreath and had him write it. Later he had J. H. L. Brown write a deed to B. E. Meadows & wife. Durham said he had partly raised his wife.

He'd pout and get mad at something I'd done, say he wanted to call it all back. Some 5-6 months after we left Durham's, he got to visiting my house, asked us to go after his things and we did and he lived with us about three years until he went to the old home place with John B. Johnson. Before that, John B. lived on John Gailbreath's place on the side of the Flynns Lick and Gainesboro road. Mr. Durham had kept his [John B. Johnson's] wife [Trevy] before they married, don't know how many years. Don't think they were related. A. P. [his X mark] Mayberry

RESUMED THURSDAY JUNE 25, 1914

DEPOSITION: L. C. Durham, live headwaters of Martins Creek in 9th District age 60. Am a half brother to J. A. Durham. He was 85 at his death. s/s L. C. Durham

DEPOSITION: H. L. Baugh 40, live Flynn's Lick, am a practicing physician. Been in this county about 18 years. Was J. A. Durham's physician. s/s H. L. Baugh

DEPOSITION: T. J. Draper age 54, live Flynns Lick, known J. A. Draper about 45 years, am a complainant. Andy Mayberry and J. A. Durham fell out and Mayberry came to me and wanted to sell his interest for $1000. I declined. Didn't want a life estate - that he and his wife might die before Durham and I would get nothing. He sold his interest to Soney [B. E."Sonny"] Meadows.

He was on the outs with Willie Norton, whose wife was buried there in the grave yard.*

Question: Did you send Mack (J. M. Draper) to Gainesboro to see about getting a deed written?

Answer: I guess so. I generally send my boys to do anything I wanted done. We agreed to get D. B. [Daniel] Johnson to write it. [Signed] T. J. Draper

DEPOSITION: J. M. Draper... my father is T. J. Draper [signature page and possibly part of deposition missing].

DEPOSITION: Frank Richmond 59, live in Cookeville. Knew Durham about 40 years.

COPY OF DEED: J. A. Durham to John B. Johnson, dated 15 February 1913. [Signed] J. A. Durham

*[1880 Sistler's Index, USC, Flynn's Lick, Jackson Co. p. 264: NORTON, William B. 43, Martha A. 37, William P. 7 - mlj].

ORDER TO ATTACH: Land of Neil Smith, Thomas L. Draper & James Draper. James Young & W. Hannah, Executors of Samuel Hannah, deceased. Draper owes court costs. s/s Merlin Young, Clerk

2nd Case: Order to attach lands and chattels of Neil Smith, Thomas L. Draper, John S. Turner and Alexander Montgomery, costs of suit to satisfy a judgment rendered in Circuit Court of Jackson Co. 18 July 1843 and in favor of James Young & Samuel W. Hannah, Executors of Samuel Hannah, deceased. s/s Merlin Young, Clerk of Court on 3rd Monday in July 1845.

3rd Case: Attach goods, chattels... Neil Smith, James Draper & Thomas L. Draper, judgment 28 November 1843 ... James Young & Samuel W. Hannah, Executors of Samuel Hannah, 1st Monday of July 1846. s/s Merlin Young

SALE OF PROPERTY: Rescheduled on account of sickness [of then Sheriff A. W. Dewhitt] 23 July 1846, 17 Sept 1846, Nov 18, 1846, Jan 1, 1847, Jan 14 & 30, 1847. [Signed] A. W. DeWhitt, Sheriff

4th Case: Attach goods, chattels... of Neil Smith, John S. Turner, Thomas L. Draper, Alexander Montgomery, judgment 28 November 1843, favor of James Young & Samuel W. Hannah, Executors of Samuel Hannah, deceased.

5th Case: Judgment 19 July 1844, ditto parties in 4th case.

6th Case: Judgment 23 November 1844, ditto parties in 4th & 5th cases.

CAUSE HEARD: 15 July 1850. Merlin Young, Clerk of Court, entitled to court costs against Complainant. Complainant signed note, note transferred to Samuel E. Hare

DEPOSITION: Linsley B. Griffith, about age 35, taken 15 June 1850 in Macon Co., TN. Had a note in my possession for about $130 or $140. As I understand, the note, along with other notes, was given as collateral security to Robert White for money which I used in the purchase of goods. White, Young & myself were partners. I let G. M. McWherter have the notes after I left Gainesboro and moved to Lafayette. s/s L. B. Griffith

REPORT: In the case of Raulston Ray against Thos L. Draper determined in the Supreme Court of Tennessee [apparently an appeal, from lower Jackson Co. court; may be more on another reel]... cost of Alphonso Young as a witness... witness cost of John Sweazea remain unpaid. W. H. Botts, C & M

BILL OF COMPLAINT: Thomas L. Draper against Merlin Young & Samuel E. Hare. [Severe bleed-through on this document. Gist appears to be Draper doesn't think he owes the money. 16 Novr 1848. s/s Thomas L. Draper

DEPOSITION: James Young, about 61 years, taken at his house in Jackson Co. 23 Jan 1850. Executors of Samuel Hannah, deceased were Samuel W. Hannah and myself received judgments against Thomas L. Draper. James H. Richmond, deputy sheriff during the July term 1843 sold the property. s/s James Young

ANSWER: Samuel E. Hare to Bill of Complaint, states he supposes he was Surety for Thomas L. Draper. 25 July 1849. s/s Sam E. Hare

DEPOSITIONS taken 21 January 1850 [No relationships given on any]:

Hiram Crabtree age 34, states he rendered judgment as J.P. s/s Hiram Crabtree

Allen W. DeWhitt 31, present when Thos L. Draper executed note. s/s A. W. Dewhitt

DEPOSITIONS taken 7 Jany 1850 [No relationships on any]:

Allen W. Dewhitt, about 30. s/s A. W. Dewhitt

Milton Draper, about 41, witnessed note of Thomas L. Draper. s/s Milton Draper

Edward B. Draper, about 45. s/s Edward B. Draper

William Draper, about 34. s/s William Draper

James Draper, about 59. s/s James Draper

DEPOSITIONS 21 January 1850, office of Wm H. Botts, Gainesboro:

John S. Bryant, age about 42, states he wrote an advertising notifying all persons from trading for the note. s/s John S. Bryant

Thomas H. Butler, about 30, am Clerk of Circuit Court. s/s T. H. Butler

Watson M. Cook, about 30. Note was discounted at 50 or 70 cents to the dollar. Wm Griffith asked me what I thought and I said I would be glad to advance money myself at that rate.

Question: Tell what impediment Thos L. Draper has to encounter in business transactions... has to depend on fairness in deals...

Answer: Mr. Draper is blind... consequently relies somewhat on ?Friends in making his trades tho his judgment is good and his capacity to trade is extraordinarily good for a blind man. s/s Watson M. Cook

[NEW? - Misfiled?] I David Johnson and Mariah W. Johnson this day bargain and transfer to Henry W. Kerby & his heirs for $1300, being part of the tract that belonged to Patrick Fitzgerald on the waters of Flynns Creek, District 11, 150 acres... begin corner of said Kerby tract near his spring, south bank of Flynns Creek... stake in the southeast bdry line of ?Abrm/Absolom Johnson... to a small branch in Thomas Murrys south boundary line, west crossing said branch and with Murrys line to a stake in H. W. Kerbys corner. December 1, 1842. s/s David Johnson, M. W. Johnson

Witnesses: s/s Edmond S. Kerby, David [his X mark] Herbert

Acknowledged: Sampson W. Cassetty 25 Jan 1851.

[Written under deed]: A copy. William H. Botts, C & M

ANSWER: L. B. Anderson to Bill of Complaint dated 21 Feby 1900. Took deed from Complainant [J. M. G. York] 17 Jan 1899, not 15 Dec 1898. Complainant York was not a minor, denies other allegations. Complainant represented he was over age 21. Respondent took possession, fenced, made other improvements, worth about $150. If it is true he is a minor, he just stood by after he reached age of majority and permitted improvements to be made.

Clay Reeves brought suit against J. M. G. York 18 Jan 1899, no defense made, land sold in 1st Dist. being 400 acres, bounded by lands of J. H. Dennis on north, Gipson heirs on south, S. B. Fowler on east, E. A. Brown on west. Respondent purchased entire boundary and including land described in this case.

REQUEST TO DISMISS: Cause of J. M. G. York vs Luke B. Anderson... All matters I complained of are settled, I will pay cost. 24 March 1900. s/s J. M. G. York

ANSWER: L. B. Anderson to Bill of Complaint of W. W. Draper, T. M. Gailbreath, M. J. Dixon and J. H. Stafford. Does not owe J. M. G. York's attorneys any money. Was a nuisance suit. J. M. G. York stated on face of deed he was over 21, legally able to convey property. True York is insolvent.

DEPOSITION: L. B. Anderson age 26, live Jackson Co., occupation merchant. Paid J. M. G. York $50 to buy my peace and get rid of the litigation. Stafford said he was representing Johnny York, asked for $100 to compromise and I offered $50. Fence was in bad shape or there was no fence. Had to make arrangements with Byrd Rector to pasture her cow in exchange for getting water from her spring. A little piece of the land next to Flynns Lick Road is covered with ledges of rock. Paid full value, did not cheat.

I think G. B. Murray or his son T. B. Murray wrote the compromise. They were representing me. J. M. G. York looked sober when the compromise was written and signed. He got some whiskey from someone later, for he gave me some.

J. M. G. York had a suit against Fay Anderson, William York and others over the settlement of William York as his guardian.

J. H. Stafford is York's father in law, and York and Dixon are brothers in law.

DEPOSITION: William York age 42, live Gainesboro, occupation farmer. J. M. G. York is my son. I was present in Dixon & Stafford's office over Quarles & Sadler's store when M. J. Dixon, J. H. Stafford, J. M. G. York and L. B. Anderson were trying to compromise. Johnny was not sober about dark.

J. H. Stafford called me out and said old man Carter would give $500 for the land. I left and went to see Carter and he said he didn't want it atall [sic] - wouldn't give $150. Came back, and Stafford said tell L. B. Anderson he would give $500, and I refused to do it. s/s Wm York

[Case has about 100 pages of individuals with claims against the estate of James W. Draper, deceased, and estate assets, no relationships given. Had this case been pre-1872 [fire] or especially pre-1850 when few resources were available, would have included. No ages/residences - mlj].

BILL OF COMPLAINT: Joseph Hix of Jackson Co. against James W. Draper of Jackson Co. and William C. Purcell of Clay Co. On 1 Feby 1871, William C. Purcell purchased land on Jennings Creek.

DEPOSITION: Wm C. Purcell. Know parties, knew James W. Draper, deceased in his lifetime. Sold land about 16 October 1871. Dated 30 June 1881. s/s Wm C. Purcell

DEPOSITION: Joseph Hix, age 41, am a complainant in this case [Testimony on how notes for land purchase were to be paid]. 4 Decr 1879. s/s Joseph Hix

DEPOSITION: A. W. Draper, am an administrator of the estate of James W. Draper, deceased, am a plaintiff.

Question: What is mail facilities from your P.O. to Nashville... 30 Aug 1880 to 22 Jany 1881?

Answer: Very poor. Two mails a week, both on the same day during the time mentioned. The P.O. is about 300 yards from my house, is on my land and in my store house. s/s A. W. Draper

PLEA: James E. Wheeler to Bill of Complaint of James Draper... being indebted to various people... divers sums, in all over $300, did 7 December 1867 file bankruptcy... discharged from debts 29 October 1870. [More on Reel #124] s/s James E. Wheeler

ANSWER: Sarah admits marriage at time stated, denies she deserted... remained away for two whole years. Respondent was a widow advanced in years and Complainant a widower and very old and in his dotage at the time of the marriage when he carried her to his home to live on Indian Creek, causing her by fair promises to leave where she had resided in peace and contentment.

Complainant's children by a former marriage rendered her condition intolerable and on one occasion said they would set out to run respondent off. Was the treatment of his children that forced her to seek refuge at her former home. She frequently informed her husband of the indignities and he refused to protect her.

Complainant owned property real and personal and respondent owned considerable real and personal property for life that had come by her former husband Phillip M. Ray, at her death to go to her children by Phillip M. Ray. Complainant and respondent had agreed she was to retain control of her said property and further if she outlived complainant she was to have a house on his land and one-third of the property that he owned or possessed of every character... inducement to marriage. Denies she ever released any right. When she went to reside at complainant's home she carried meat, flour, sugar, coffee... used in their support.

Denies she became Crabit [sic], quarrelsome, etc... was high tempered... Complainant did not as much as buy her a pair of shoes. s/s Sarah Draper by M. B. Young, Aty

BILL OF COMPLAINT: William Draper, married 12 Feby 1888, together only a short time. About Sept 1888, defendant left. Before they married it was agreed she control her property, he control his... neither claim the other. 27 Oct 1890. s/s Butler & Murray

[Note: The file folder reads "W. W. Draper", believe is incorrect. Only document clearly reads "Harvey H. Draper". Believe more on Reel #67 - mlj].

Settlement, Harvey H. Draper with Martha Gaines, minor heir of Polly Gaines, deceased. 1st Monday in November 1872.

[Also cross-bill of complaint, Jones vs Draper].

INTERROGATORIES [Questions to be asked of John S. Jones]:

Question 1: Please state if you tendered to William Draper the defendant... deed for land that your brother William A. Jones sold to said Draper.

Question 2: State if you were along with William A. Jones to the State of Illinois and if he stayed at Highland on his way and waited for defendant in order to make him a deed.

BILL OF COMPLAINT: William Draper against Harvey H. Draper of Jackson Co., TN and William Jones of the State of Illinois. About 10 Sept 1860 he sold defendant Jones a waggon and bed for a small tract of land in Dist. 2, on waters of Bullards Creek, bounded by William Brooks old tract, by Holland Jones tract and the William McCowley old tract, some 30 or 40 acres, worth about $125. Jones was supposed to make a title deed, failed to do so, left with the waggon and bed. The said Jones held notes, one on Harvey H. Draper, one on John Reece who lives in Smith Co. and one on John Wilson of Jackson Co. Asks they be made defendants, notes be attached to pay debt. 23 Oct 1860.

PROSECUTION BOND: William Draper to Harvey H. Draper, William Jones, John Reece and John Wilson. 23 October 1860.

PROSECUTION BOND: William A. Jones and John S. Jones to William Draper, 14 March 1861. s/s W. A. Jones, John S. Jones [Looks like signed by same person].

DEPOSITION: A. S. Huffines [blank] age. Believe William A. Jones left for Illinois in the fall of 1860. Simp Jones was along and perhaps some others. William A. Jones and his brother John S. Jones stopped at Highland. They remained 2 or 3 hours waiting for Wm Draper. Came by pretty early in the morning, left about 10 or 11 oclock. Was wet and rainy early, don't know what time it cleared. Wm Draper came after Jones left... told him he could not overtake him. Draper lived about 1 1/2 miles from Highland. 19 June 1866. s/s A. S. Hufhines

DEPOSITION: John Wright [blank] years. Was at Draper's when Wm A. Jones got a wagon in 1860. s/s John Wright

DEPOSITION: William Ray, age 57. Was at Draper's shop when Jones got a wagon on a Wednesday. Believe Jones left for Illinois the following Friday. Saw him passing on his way to Illinois. I was at McCawley's. Wagon was worth about $85-$90. 19 June 1866. William [his X mark] Ray

ANSWER & CROSS-BILL: William A. Jones, states sold land to Complainant for $145. Respondent paid part with a wagon and bed at price of $125 and was to execute promissory note for $20. Respondent told Draper he was to start for Illinois next day or day after, early in the morning. Complainant Draper said it was getting late in the evening, that he had a key to make for the wagon bed and he would come to Respondent's house the morning before Respondent had set to start his journey for the purpose of receiving a deed and executing a note, and if he didn't come to respondent's house he would meet at Highland.

Respondent sent said deed properly executed and witnessed by John S. Jones some 2 or 3 months afterward, and Draper refused to execute a note. Denies intent to defraud.

True he placed notes in the hand of Harvey H. Draper as Deputy Sheriff; one on John Reece, a claim against Ephraim Wilson & Allen Forkum, one on William Birdwell and George W. Birdwell, one against Wilson D. Dycus and ?Denton Moss.

ANSWER: William Draper to cross-bill of William A. Jones, 16 September 1865. [Nothing new]. s/s William Draper

DEPOSITION: John S. Jones [No age/first part missing]. States he tendered the deed to William Draper some four months after the trade was made at the court house in Gainesboro. Draper refused to accept it and refused to execute a note for the $20 balance due. Said he intended to have the money. The deed was witnessed by Jefferson Jones and Peter Brooks.

True he went with William A. Jones to Illinois, and true they waited for Draper at Highland about two hours. Do not have deed in my possession... gave it to L. C. Hall. Dated 26 May 1866, Montgomery Co., Illinois. s/s John S. Jones

DECREE: Heard on Report of Clerk filed 15 May 1907. Clerk advertised lands to sell subject to life estate of Mary Stafford, widow of A. M. Stafford, decd. Estate of A. M. Stafford is indebted to the in amounts set out in the report of the Clerk. Sums due are a charge and lien on the lands. After debts are paid, rest to be distributed as follows: J. L. Quarles, 4/6, Narcissa Martin 1/6 and Fronia Harrison 1/6.

REPORT OF C & M: A. M. Stafford owned about 80-90 acres at his death worth about $350. It is in best interest of parties that land be sold and after paying costs and expenses, rest to be divided among six heirs, to wit: John Arch Stafford, Elisha Stafford, Narcissa Martin, Tennie Godsey, Mary Johnson and grand daughter Frona Harrison.

B. L. Quarles bought the interest of John Arch Stafford, Elisha Stafford, Mary Johnson and Tennie Godsey. Estate of A. M. Stafford was indebted to: W. W. Draper $15, J. H. Stafford $10, B. L. Quarles $12.98, C. E. Reeves $8.00.

DEPOSITION: J. M. Dudney age 45, live Errands [Aaron's] Branch, 1st District, Jackson Co. Lived on land adjacent A. M. Stafford for three years. Portions of it are steep and hilly, some good hollow land and some ridge land. s/s J. M. Dudney

DEPOSITION: J. C. DAVIDSON, live 8th District, Putnam Co. My father William Davidson sold the land to Arch M. Stafford before the Civil War at least a good many years ago. Arch Stafford in his lifetime sold portions to John Martin and to Joseph Godsey. Arch Stafford had six children, five living at his death. They were:

1. John Arch Stafford

2. Elisha Stafford

3. Narcissa Stafford, wife of Jno Martin

4. Mary Johnson, wife of R. E. Johnson

5. Tennessee Godsey, wife of Jas Godsey

6. Another daughter died several years ago and left a daughter Frona Harrison.

BILL OF COMPLAINT: W. W. Draper and Jno M. Stafford against John Martin & wife Narcissa and Frona Harrison of parts unknown, a non-resident of Tennessee.

A. M. Stafford died intestate in 1905, owned land 1st District of Jackson Co. bounded north by J. W. Stafford, south by John Martin and others, east by N. M. McCoin, west by [blank] Coleman, formerly the George G. Haile lands where A. M. Stafford lived at his death.

ANSWER: J. M. G. York to bill against him and others by W. W. Draper, Admr &c of S. H. York filed June 22, 1896.

J. M. G. York recently attained majority and wishes to make a different defence than that of his former guardian Wm York. When bill was filed, he was a minor. S. H. York was a former guardian, died at the time stated in the bill. Lizzie York was appointed and acted as his [S. H. York's] Admrx until she attempted to resign... deny her attempted resignation had that affect. W. W. Draper's appointment as Administrator de bonis non [administrator of property not yet devised] was illegal. The resignation of Lizzie York, or Loftis, was on the ground that she pay over to her successor all funds, which she has not done.

S. H. York made a pretended settlement 25 January 1892, the only one he ever attempted to make in the six years he was guardian. S. H. York did not account for large sums, was sale of timber from land. Does not know about Wm York.

Denies there was any sum due S. H. York board, clothes or anything else.

S. H. York purchased the land known as the Tom York place and another known as the Jack Stafford place, paid out of funds belonging to Respondent without court approval, took title in his own name. However, if it is true that said S. H. York paid a greater portion of money out of his own funds, then land should go to his heirs, not his Administrator. [No date]. s/s J. M. G. York

REPORT OF COURT: Monday 1 April 1889, the 130th year of American Independence. Presiding Samuel A. Smith, Chairman of the Court. Following justices: Esqs. R. V. Brooks, N. C. Bybee, J. W. Carver, H. A. Crabtree, B. B. Chaffin, G. W. Cooper, Wm Draper, F. P. Fox, J. W. Guess, J. P. Hix, Marion Harris, Charlie Hopkins, J. S. Jackson, A. G. Keith, G. R. Maddox, J. P. Maberry, Newton Moore, ?T. [or J.] McKinley, W. M. Neill, S. L. Pate, A. Pharris, J. W. Price, Jerry Ray, L. K. Smith, Sy Smith, J. A. Swan, W. C. Terry, J. M. Upchurch and C. H. Upchurch.

S. H. York having given new bond with J. T. West and E. A. Brown as Sureties, former sureties should have been released. [?Month] 18, 1897.

ANSWER: M. G. Butler to Bill of Complaint of Wm York, guardian of J. M. G. York. Wm York was appointed guardian 7 November 1892. S. H. York appointed 4 October 1886, is now deceased. 4 October 1886 M. G. Butler, George H. Morgan, J. W. Stamps and Clay Reeves became S. H. York's securities.

BILL OF COMPLAINT: W. W. Draper, Admr de bonis non of S. H. York against William York as guardian of J. M. G. York and J. M. G. York individually. S. H. York died intestate in Jackson Co. 6 October 1892. One Lizzie Loftis was appointed guardian [may should have read "administratrix" - mlj] at S. H. York's death. She resigned 3 Feby 1896. 7 November 1892 Wm York appointed.

[NOTE: Some of these documents appear related to estate of S. H. York - mlj].

Sam H. York Complainant vs Andrew Boman, Defendant, controversy pending between parties... I William B. Stith have proceeded to take the depositions of James Crawford, James Gully, J. C. Gist & William Ragland in Centerville, Jackson Co. 28 January 1854.

J. C. Gist, about age 28. Am somewhat acquainted with the handwriting of Samuel H. York, have examined the handwriting on the title bond, believe he assigned it. I was present and witnessed transfer of a title bond from A. Boman to C. W. York. The bond was given to Boman from James Crawford. It has been something over a year. They were to have joint use of a spring. s/s J. C. Gist

James Crawford, age 51. I executed a deed to Samuel York. Bowman & Curtis York said I would have to make the deed to S. H. York. Bowman transferred the title bond that I executed to C. W. York. James [his X mark] Crawford

William Ragland, 40. Don't know if there's a spring on the land. s/s William Ragland

James Gully, about 57. No spring on the land. Joint use of a spring would be worth about $25.00. James [his X mark] Gulley

BILL OF COMPLAINT: Daniel W. Hawes & Joel H. Stone of Jackson Co. against Samuel H. York, a non-resident of Tennessee & Newton Moore, William Gore, Richard P. Brooks and David Rawley of Jackson Co. and Samuel Moore of Clay Co.

Samuel H. York is indebted to them $134.24 principal plus $41.35 interest for goods sold as merchants in partnership, D. W. Hawes & Co. Samuel H. York resides out of the State of Tennessee. 13 April 1872 he recovered several judgments against Newton Moore of Jackson Co. Also judgments against William Gore, Daniel A. Rawley, A. Green and Richard P. Brooks. Wants funds attached to pay York's debt to them.

DEPOSITION: Jabez C. Gist about age 28. Title bond executed to secure debt from James Crawford to Complainant Samuel H. York, case of Samuel H. York vs Andrew Bowman. 6 December 1853. s/s J. C. Gist

DEPOSITION: Sampson Van Hoozer about age 28. s/s S. Vanhooser

TITLE BOND: I, Samuel York, bind myself to Andy Bowman for $400... whereas Andy Bowman has purchased from me for $195 land in Dist 5, Jackson Co... begin Crawford's corner... north with Henry Eakles line, east to the branch, south with James Crawford's line, thence southward with the meanders of the branch, thence west to the beginning, together with joint use of a spring on the east end of James Crawford tract... timber to erect a Building house and corn crib... title to be given on making last payment. September 25, 1852. s/s S. H. York Wit: s/s J. C. Gist, S. Vanhooser

YORK, MATILDA A. vs YORK, SAMUEL H. & others [Divorce]

CAUSE HEARD: 4th Monday of April 1874. Samuel H. York is a non resident, publication made, failed to appear. Complainant and defendant were married in Jackson Co. in 1852... abandoned, leaving her and her children impoverished. Bonds of matrimony dissolved, rights of single woman, sole care, custody and control of minor children Elizabeth York, William York, Anna J. York, Thomas York and David F. York. Defendant Samuel H. York be perpetually enjoined from interfering.

BILL OF COMPLAINT: Matilda A. York of Jackson Co. against Samuel H. York of the State of Missouri, William Gore, David A. Rawley, R. P. Brooks, John H. Denton, William Speakman & Robert A. Cox of Jackson Co.

She and Samuel H. York were married 15 January 1852, husband and wife for a long time. Defendant became dissipated and indolent, wasted nearly all their property failed to provide, habitual drunkard... abandoned 2nd Sunday of September 1871. Has been more than two whole years. Before leaving, acts of adultery with Betty Meador, divers other lewd women. Defendant Samuel H. York had judgments against other defendants named, other personal and real... ask they be enjoined from paying... assets attached. November 5, 1873. Matilda [her X mark] York

[NOTE: 1880 Sistler's printed index, Jackson Co., TN p. 196 lists:

YORK, Saml H. 55, Matilda A. 48, Lizza D. 22, Anna J. 18, Thomas 10, David K. 9, Johnnie W. 1 - mlj].

GUARDIAN SETTLEMENT: Wm York, guardian of J. M. G. York 1 Decr 1892, assets $3054.15 in notes. J. M. G. York, minor heir of Aletha York, deceased [Note: Another reel, forgot which, confirms Aletha's maiden name of Gipson; money came from her father - mlj].

DEPOSITION: William York. S. H. York was my father who died Oct 6, 1892 I think. He was the regular guardian of my son J. M. G. York several years prior to his death, was acting as same at his death.

S. H. York boarded J. M. G. York up to 8 May 1892, maybe May 9th. My mother died May 8 and we buried her May 9 and he went home with me that day.

I took charge of the two farms, called the Tom York and Jack Stafford places, after the death of S. H. York. S. H. York in his lifetime has purchased one from Ed Ragland for $950 and one from Tom York for $800. While S. H. York acted as guardian for J. M. G. York, he was a very poor man. s/s Wm York

DEPOSITION: Thomas J. York states he and wife Mary York owned the York place on Doe Creek, sold it to S. H. York for $800. s/s T. J. York

DEPOSITION: Lizzie Loftis states "S. H. York was my father. J. M. G. York lived with my father and mother from January 29, 1892 until mother died May 8 and was buried May 9th. My father died October 6, 1892. J. M. G. York lived at my house during that time most all the time. s/s Lizzie Loftis

SETTLEMENT: January 12 1899 with J. M. G. York included note of J. M. G. York to B. A. Butler dated 9 January 1999, transferred to Quarles, Sadler & Anderson by B. A. Butler, "In full for fees as attys in case of Maggie York vs J. M. G. York for divorce - $150".

DEPOSITION: G. W. Allen. Knew S. H. York in lifetime. Only money he made was as guardian of J. M. G. York. s/s G. W. Allen

DEPOSITIONS: L. Washburn 68, M. L. Gore of lawful age, testimony re attorney fees. [Both signed].

DEPOSITION: W. E. Raglen. Acquainted with S. H. York and sold him goods about 1889-1892. s/s

SETTLEMENT: William Draper, Admr estate of H. H. Draper, deceased. 1st Monday Septr 1878. Receipt from M. L. Gore & Co. for burial exp. dated Jan 7th, 1877, $13.70 with interest to 1 Sept 1878 $1.37; total $15.07. [Plat map of land on film, Indian Creek, 1st District, Jackson Co.].

ORDER TO LAY OFF DOWER: Land of H. H. Draper, deceased, to Jane Draper, widow of H. H. Draper, deceased being 1/3 value of all lands died seized and possessed to include mansion and out houses. Dated Oct 12, 1878.

REPORT: Personal assets $780, debts $1078.82, necessary to sell land to pay debts.

SUMMONS: To answer Bill of Complaint of Wm Draper, Admr of estate of H. H. Draper: Jane Draper, Peyton Hix and wife Elizabeth Hix, John Draper, William Draper, David Draper, James Draper, Malvena Draper, Jenny Draper, Sarah J. Draper, James Hix and wife Sally Hix, John Jones, Malissa Bell Jones, George H. Jones, Curtis Jones and Elizabeth Gaines to appear 1st Monday in October 1878 regarding bill to sell land involving minor heirs. Defendant Jane Draper is widow of H. H. Draper.

ANSWER: M. G. Butler, guardian ad litem of David Draper, James Draper, Malvina Draper, Jenny Draper, Sarah J. Draper, John Jones, Malissa Bell Jones, George H. Jones, Curtis Jones and Elizabeth Gaines, heirs of Harvy H. Draper.

TO SHERIFF: Lands & tenements of Cicero Forkum, George R. Forkum, Sarah Forkum, Malissa J. Forkum, Licurgis Forkum, D. Forkum and Joseph Forkum, heirs at law of Allen Forkum, deceased, which descended to them at death of Allen Forkum, amount of $226 being debt recovered by J. H. Young for the use of James Myers against William Draper, Admr of H. H. Draper, deceased and W. S. Long as security for Allen Forkum, deceased. 17 May 1879 and afterward on 28 May 1879, Wm Draper, Admr and W. S. Long recovered judgment against L. C. Hall and H. Craighead, administrator of aforesaid, and Cicero Forkum, George R. Forkum, Sarah Forkum, Malissa J. Forkum, Licurgis Forkum & Josephine Forkum, heirs at law of Allen Forkum. 2nd Monday in September 1877.

SUMMONS: William S. Johnson as Revenue Collector to answer charge of fraudulent county warrants he paid to H. H. Draper. 2nd Monday in January 1878.

[NOTE: Following above are many, many pages apparently related to Harvey H. Draper's official position; elected [blank] August 1874 as Trustee for Jackson Co. No relationships given - mlj].

SETTLEMENT: With A. J. Dudney, guardian of Johney Dudney, Mary Dudney, Nannie Dudney, Willie Dudney, Minnie Dudney, Nackey Dudney, Georgie Dudney.

Guardian Settlement Book B, pages 288, 299-90-91. May 31, 1895. Nannie, Willie, Minnie, Nackie & Georgie Dudney.

ORDER TO LAY OFF DOWER: Commissioners to meet at late residence of W. H. Dudney, decd in the Free State on 23 October 1890 to set apart to Ollie B. Dudney, widow of W. H. Dudney, provisions for one year, $1,000 and 1/3 of land. 6 Oct 1890.

SETTLEMENT: With W. C. Spivey, guardian of J. S. Dudney, Minnie C. Dudney, Mary Dudney, Nackie Dudney, George Dudney, Willie Dudney and Nannie Dudney, heirs of W. H. Dudney, deceased. [Mentions Jno B. Dudney, Admr of estate of W. H. Dudney].

BILL OF ACCOUNT: Charges to Washburn & Cason, Merchants. First item listed was "Jan 9, 1890, Son John - pocket knife, 75 Cents".

Last item listed was "Aug 23, 1890, mdse to Henry Skermahorn".

REPORT OF CLERK: Ollie B. Dudney, dower 45 acres, homestead 20 acres.

BILL OF COMPLAINT: John S. Dudney, Della Spivey & her husband Cicero Spivey of Jackson Co. against Mary Dudney of Van Buren, Tennessee and

Nannie Dudney, Willie Dudney, Minnie Dudney, Nacky Dudney & George Dudney, all of Jackson Co., Tennessee, all of whom are minors, and

A. J. Dudney, guardian.

William H. Dudney died in Jackson Co. September 1890, owned land in Dist. 1 called Free State land, known as Tract 6 & part of Tract 13 in the partition of the Free State lands, bounded south by J. B. Dudney & C. N. Hawkins, west by Cumberland River and north by land of Nannie Meadows & J. T. Anderson, east by J. B. Dudney, being 155 acres more or less. Left the following children:

Complainant John S. Dudney, complainant Della Spivey married Cicero Spivey, and defendants Mary, Nannie, Willie, Minnie, Nacky & George - each to receive equal part of estate from their father. William Dudney left Olive as his widow, homestead and dower has been assigned.

He was twice married. His first wife was the mother of John S. Dudney, Della Spivey, Mary Dudney & Olive Dudney [sic - first time child Olive mentioned - mlj].

His second wife is the mother of the other five children, all of whom live upon the homestead and dower. Rest of land is not susceptible to partition, ask that it be sold.

AMENDED BILL OF COMPLAINT: J. S. Dudney & others. Filed Bill 27 October 1896, omitted to make O. B. Sadler and Henry Sadler defendants. O. B. Sadler was the widow of W. H. Dudney, since has married Henry Sadler.

DEPOSITION: J. B. Dudney 50. W. H. Dudney was my brother. I live on adjoining lands. Mrs. O. B. Sadler, widow of W. H. Dudney is about 35 years. The youngest child of W. H. Dudney deceased is about 8 years old.

DEPOSITION: J. A. Montgomery 44, testimony on land value. s/s J. A. Montgomery

FINAL SETTLEMENT: With George Dudney, he having turned 21. 27 Oct 1911.

SALE OF LAND: In obedience to a decree, advertised Lot 25, plat of town of Gainesboro, bounded south and west by town lots of G. B. Murray, north by street leading west from the southwest corner of the public square, east by street passing west of Quarles & Anderson's store, the same corner lot sold by D. R. Rawley & wife to J. M. Burris. S. S. Dudney became purchase at $361.61. Sept term, 1898.

DECREE: In favor of Plaintiff A. J. Dudney against D. A. Rawley, Jr., J. H. Chaffin and S. M. Tinsley and J. A. Montgomery.

ANSWER: Montgomery, Chaffin & Tinsley. State they did execute note, but it has been altered to include interest.

[Will dated 11 September 1915. Died 28 September 1915 in Jackson Co., Tennessee. Will admitted and proven 5 October 1915. Transcribed verbatim. - mlj].

I, Jonas G. Dudney do hereby make, publish and declare this my last will and testament, revoking all other wills or testamentary disposition of my property heretofore at any time made.

1. I Will and bequeath to my beloved wife Thula Dudney all of my personal property of every kind, character and description subject alone to the payment of my just debts and funeral expenses, the same to be turned over to her by my executor at my demised.

2. I will and bequeth [sic] the Farm upon which I now live and also the piece of land in the 1st District of Jackson County near Brooks Ferry which I purchased of R.V.Brooks & A. J. Dudney, to-gether with the rents and proffits [sic] and products there-of to my beloved wife to be under her control and dominion absolutely, during her natural life and at her death it is my will that the same be equally divided among my bodily heirs, or legal heirs according to the laws of descent and distribution, and should my wife die at any time before the close of the year then it is my will that whomsoever she may have on the place shall remain there there [sic] during the remainder of the year and the rents thereof for that year shall go to the estate of my wife.

3. I am the owner of Two undivided eights of the homestead and dowry interest of O.B. Sadler formerly O. B. Dudney, former wife of W. H. Dudney, consisting of Sixty Acres subject to the life Estate of the said O. B. Sadler; and it is my Will and desire that my wife Thula Dudney shall have One and One third of said land absolutely to do with as she likes and my Niece Mrs. Mary Taylor shall have the remainder of said Two eights absolutely.

4. It is my Will and desire that my executor hereafter to be named shall pay all of my just debts and funeral expenses out of my personal estate as soon after my demise as practicable. remainder of said personal estate He will turn over to my beloved wife as directed in the first clause of this will.

5. It is my Will and desire that the farm be run and controlled and used by my wife or her tenants and is to be used and cultivated in a good husbanlike [sic] manner with proper rotation of crops; and out of the proceeds of said farm she is to keep up the fencing and keep the buildings in repair, keep them painted when necessary and re roofed and this expense shall be borne by the farm.

6. I also direct that the dwelling house and barns be kept under reasonable insurance, the expenses of which shall be paid out of the products of the farm: and in case of a loss of said buildings or either of them by fire, lightning or tornado then the policy or the amount received from the policy is to be used for the purpose of replacing the improvements so lost.

7. The accruing taxes on said real estate will be paid annually out of the proceeds of the farm.

8. I nominate and appoint my Nephew J. S. Raggio my executor this my last Will and Testiment [sic] and direct that He qualify and act as such under the provissions [sic] of this Will without bond, having the utmost confidence in his ability and integrity.

The foregoing erasures and interlineations were made before signing, This September the 11th 1915. s/s J. G. Dudney

The foregoing instrument was signed and executed by J. G. Dudney in our presence and We witness the same at his request. s/s J. M. Draper, J. L. McCawley

BILL OF COMPLAINT: Jonas G. Dudney, guardian for Jonas S. Raggio & Mary Raggio against Thomas G. Meadows & wife Nancy A. Meadows, Mary Ragio, Jonas S. Raggio, James T. Anderson, Robert A. Cox, S. L. Dudney of Jackson County, Tenn.

Orator at [blank] term of [blank] 18[blank] was appointed guardian for Mary Raggio age 5 and Jonas S. Raggio age 3... the estate of his wards [can't read] State of Mississippi. Most has been removed here in accordance with laws regulating such matters. Orator has negotiated a trade for a farm with defendants James T. Anderson, Robert A. Cox and S. L. Dudney in the Free State, Jackson Co., about 111 acres adjoining my farm.

Mary A. Meadows, formerly Raggio, was the widow of [blank] Raggio, deceased, and mother of defendants Jonas S. and Mary Raggio who since the death of [blank] Raggio intermarried with Thomas G. Meadows. She was born on the 2nd of April 1866 and is yet quite a young woman. These lands were purchased at her request for her and her infant children. s/s John P. Murray, Solicitor

DEPOSITION: J. A. Montgomery age 32, live Tract 11 of the Free State land, 1st District of Jackson Co. Acquainted with 7th Tract. Suppose children are 6, 7 or 8 years of age. s/s J. A. Montgomery

DEPOSITION: T. [or L.] G. Smith age 43, live Tract 12, Free State. Known lands ten years, most of the parties all my life. Age of minors are 3 & 5.

ANSWER: R. A. Cox for self and as guardian ad litem of Jonas S. Ragio [sic] and Mary Ragio, minor heirs, to Bill of Complaint of Jonas G. Dudney and these defendants. Sold one-half of land to J. G. Dudney and Sid Dudney sold the other half.

DEPOSITION: J. T. Anderson, age 36, live Jackson County, about one-half mile of land. s/s J. T. Anderson

DEPOSITION: J. G. Dudney age 34. On 20 Feby 1880, paid sum of $600 from funds of Nannie A. Meadows. 3 June 1883 paid $700 of funds of two minor heirs, Mary & Jonas S.Raggio [Details when balance paid - mlj]. s/s J. G. Dudney

DEPOSITION: Nancy A. Medows and wards have been in possession since January 1883. s/s S. S. Dudney, Jr.

GUARDIAN APPOINTMENT: Appeared J. G. Dudney in open court, was hereby appointed guardian to Mary Raggio and Jonas Sidney Raggio, minor heirs of D. P. Raggio, deceased. Whereby Jonas G. Dudney made bond for $5000. Security J. T. Anderson, W. H. Dudney, A. J. Dudney and S. S. Dudney, Jr. as security. 10 Novr 1882.

GUARDIAN SETTLEMENT: 16 July 1892, Guardian Settlement with T. G. Meadows, guardian of J. S. and Mary Ragio, minor heirs of D. P. Ragio.

COMPROMISE AGREEMENT: Nancy Dudney to have all household goods that she brought with her to defendant's that she has carried away. $50.00 and a blazed face filly, the foal of a mare owned by Complainant at marriage. Balance of property to Defendant. Nancy [her X mark] Dudney

BILL OF COMPLAINT: Complainant and defendant were married in Jackson Co. 19 January 1881. After seven months, defendant's affections were cold... drove complainant from her home, forced to remain more than 12 months, no care or provision. Came back, stayed seven years. She is now 70, doing all his household work, has become so feeble... unable to work any longer... has forced her out. Defendant owns land bounded west by Wm Reeves, south by David [or Daniel] Pleasants heirs, east by Ed Brown, north by C. C. Mahaney and others.

ANSWER: S. S. Dudney. She left voluntarily without cause. She wants to obtain his property for her children by a former husband. s/s Shelby S. Dudney

SYNOPSIS: Joshua Haile sold land on Aron's branch of Roaring River to Patrick N. Dudney. This land was part of an original grant to Robert White, who was long deceased. Haile had purchased the land from the White heirs. Joseph Stafford, Sen. claimed to own 100 acres which included 5 or 6 acres that was within the boundaries of the land sold to Dudney. Joseph Stafford leased his land for two years beginning 3 March 1851 to John Dew [or Deu]. Dudney had Ruben Few throw him off [apparently literally]... "The said Richard Few on 4 March of the year aforesaid with force and arms &c entered the tenements and ejected him". Joseph Stafford as owner sued for $500 damages. A writ was issued by the Court to put Joseph Stafford "or his agent or attorney" in possession. No relationships given.

Jury members 8 March 1855 were: John F. Griffith, Garret W. Veatch, William Stout, Levi Presley, Thomas J. Jones, James Dycus, James Pharris, Harrison Osburn, Leroy S. [or G.] Halliburton, James McKinney & Richard Fox. Found defendant Patrick Dudney guilty of trespass and ejectment, damages of 5 Cents.

DEPOSITIONS: [There is no Bill of Complaint on the film, but Patrick N. Dudney apparently sued Joshua Haile. Depositions 7 July 1855 indicate such a case]:

Andrew Dudney, age 46. Know parties. Andrew [his X mark] Dudney

Joseph Stafford, age 69. I know the land, brought suit against P. N. Dudney. Dudney has the spring. Joseph [his X mark] Stafford

Sidney Dudney, age 38. Was present when Joshua Haile sold the land to P. N. Dudney. Hail said he would not sell a lawsuit. It was my understanding they thought Stafford's claim was not good. Sidney [his X mark] Dudney

William Hawkins age 47. I surveyed the land. s/s William Hawkins

Thomas D. Young, age 28. Know parties. s/s T. D. Young

Benjamin B. Washburn, age 37. I was counsel for Dudney. s/s B. B. Washburn

COPY OF DEED: Joshua Hale to Patrick N. Dudney 25 Novr 1854. s/s Joshua Haile

PROSECUTION BOND: Sidney S. Dudney & John P. Murray, $50 to James Hargis, 18 Jan 1873. S. S. [his X mark] Dudney, s/s John P. Murray

BILL OF COMPLAINT: [Boundary line dispute]. On 10 Sept 1872, Complainant bought tract on Dividing ridge between Flyns Creek and Martins Creek on the road leading from the mouth of the Dry Fork of Flyns Creek to Granville being land purchased by John P. Murry and the same of James Pharris, deceased, wherein the heirs of James Pharris, deceased procured a decree to sell the land. James Burgess was renting the land when Pharris heirs sold it to Murray, and continued to rent the land, held as a tenant of John P. Murray up to his death, and lived in the house where Sidney Dudney now lives. James Burgess continued in possession for 13 years, therefore the statute of limitations applies.

[Name on file jacket is "Cullman Huff"].

List of amounts due by Cull Huff to S. S. Dudney from July 22, 1888 to April 2, 1889; includes horse shoe nails, flour, soda, girl's hat, bucket, etc].

PLEA IN ABATEMENT: Defendant Cullum Huff admits he is indebted to Complainant, is not ready to fraudulently dispose of this tobacco crop in order to cheat creditors. 4 October 1889. Cullum [his X mark] Huff

& TEMPIE A. DUKE vs JAMES ROBERT DUKE, et al [Estate Admn] Circuit 1897

SYNOPSIS: Tempie A. Duke sued for divorce in 1895. They apparently went back together or the two-year abandonment as cause for divorce did not yet apply. John G. Duke sues Tempie for divorce in 1897, she files a cross-bill, but apparently he dies before it becomes final, as she is Administratrix of his estate, receives widow's dower and homestead for children.

NOTICE OF INSOLVENCY: Tempy A. Duke, Admx of John G. Duke, decd... insolvency of estate... two months to file claims. Following notes & accounts filed 29 June 1897 [lists].

DEPOSITIONS 11 March 1898:

B. A. Butler. Am acquainted with Tempy Ann Duke, Admx of J. G. Duke, deceased. Has sold some of personal property, will not cover debts. Necessary to sell land. s/s

Wm Gore, occupation surveyor. Have laid off dower in land of J. G. Duke to his widow Tempa A. Duke.

BILL OF COMPLAINT: Tempy Ann Duke against James Robert Duke, David Ridley Duke, Martha S. Pulley & her husband Charley Pulley, all adults and citizens of Jackson Co.; Claudius W. Duke, Joseph F. Duke, Mary Francis Duke, Rutha Ada Duke, Laverna Catherine Duke, Margaret Isabel Duke, all minors of Jackson Co.; & John J. McClellan of Smith Co. [Note: Foregoing was typed; added in writing here is Alvin Green, husband of Mary Francis Duke - mlj].

Children James Robert Duke, Martha S. Pully who intermarried with Charley Pully, David Ridley Duke, Claudius W. Duke and Joseph F. Duke are the issue of a former marriage of John G. Duke. While Claudius W. Duke will not be 21 until next November and Joseph F. Duke is only 18 years of age, they are not members of the family of complainant and her deceased husband and are not living with them as members of the family... nor did they live with them for a long time prior to John G. Duke's death.

[Blank] July 1897 John G. Duke departed life intestate. Surviving are Oratrix, his widow and relict. His children are defendants, except John J. McClellan.

John G. Duke died seized and possessed of land in 14th District, Jackson Co.

Tract 1: Bounded north by Sampson, south by Thaxton, east by Burton and west by Duke... 200 acres.

Tract 2: Bounded north by Burton, south by Thaxton, east by Burton, west by Duke, 35 acres.

Oratrix and her minor children, the issue of her marriage to John G. Duke are Mary Francis Duke age 15, Ruth Ada Duke age 14, Laverna Catherine Duke 12, Margaret Isabel Duke age 9 and Bettie C. Duke age 7, are entitled to homestead and dower, has already petitioned court.

It is necessary to sell lands outside homestead & dower and also reversionary interest to pay debts. Indebted to John McClellan a considerable amount, $500-$600. Complainant is also a creditor of said estate, $125.00 alimony decreed July term 1897, alimony penden te lite [during the suit while case is pending - mlj], case of Tempy Ann Duke vs John G. Duke for bill of divorce then pending. $57 has been paid, $68 due.

REPORT OF SALE: March term 1898. J. J. McClellan & E. W. McClellan purchaser.

ANSWER & CROSS-BILL: Tempie A. Duke to Bill of Complaint filed against her by J. G. Duke October 1, 1895. Complainant and herself were married in Smith Co., Tennessee [blank] June 1880, and since their marriage resided in Jackson Co., Tenn as husband & wife.

Denies she done anything to cause strain... denies threatening to poison sheep or dogs, never handled any poison in her life. Complainant had a vicious sheep which attacked two of their little girls, butted them down & hurt them considerably. They came in crying, and respondent said if that sheep ever hurt one of them again, she would knock it in the head with a stick. Sheep living last she heard, listed as personal property of Complainant. Once a stray dog got in the house, on the table, into the victuals prepared for a meal, broke several dishes. She said if that dog ever got in the house again she would kill him. A few days later it followed Complainant off... not seen since.

The morning when Complainant said he thought she poisoned him, and got sick after breakfast, their daughters had cooked and she wasn't in the room. Did not threaten to pour hot lead in his ears. Was visiting with neighborhood ladies who were talking about a man who had whipped and abused his wife, and what we would do if our husbands did that. I said I'd do what Polly Burton said - make bullet moulds of his ears, and was all said in a joke.

Denies she has biased his children against him, been cruel. As to refusing to cohabit, when their third child was only three days old he compelled respondent to have sexual intercourse... admits sometimes she'd rather not, that she was worn down from bearing five children, etc.

September 15 [1895] she went to see her mother who was very ill and who lives 4-5 miles away, got back September 17. Someone sent for her to go see her mother on September 23rd, Complainant rode off on her horse so she had to ride the mule. Her mother died September 29th, she came home, and Complainant had filed a bill for divorce and would not let her back in the house. He had told her a few weeks before that he had picked out his new wife, and would be married within three weeks of the divorce. Alleges he abuses her because all their children are girls, and said the only thing she's good for is sex and he was going to kill her with it, and said he won't work for her and a bunch of girls.

Owns 200 acres bounded by M. G. McComack, Mrs. Patsy Burton, Mr. Cooper and Bohannon, Doris Duke, L. M. Duke and others. 20 Novr 1895. s/s Tempra A. Duke

BILL OF COMPLAINT: J. G. Duke vs Tempie Duke. Married June 1880 in Smith Co. About 1884, she threatened to kill some sheep. About 1884, he had two hound dogs, she threatened to kill them and a few days later one died as if poisoned. Alleges she threatened to poison him, pour hot lead in his ears.

BILL OF DIVORCE & ALIMONY: Tempy A. Duke against John G. Duke, James R. Duke, David R. Duke of Jackson Co., & J. J. McClellan of Smith Co. States John G. Duke fraudulently disposed of property. Filed 1st Monday in March 1897.

ANSWER: John G. Duke to Bill of Complaint of Tempie Duke. Admits he is now at his father's house, about one-half mile from where Complainant and her children reside. He has been in very bad health for several years with consumption and about last March was confined to bed with this dreadful disease. Tried to get the Complainant to sell land to pay creditors, but she refused. Complainant abandoned his bed some two months ago, refuses to cohabit with him. He is sick and dying... has taken out about $3000, a little sum to bury him... was thrust out of his house by the continued brawling. [No date]. [Signed] John G. Duke, J. R. Duke, D. R. Duke, J. J. McClellan

[NOTE: 1880 Sistler's Index to Jackson Co. U. S. Census: DUKE, John J. 33, James R. 9, Martha 7, Ridley D. 5, Winston 4, Francis 1 (287) - mlj].

END OF REEL #68.