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
NOTICE TO SHERIFF: John C. Duke filed Bill of Complaint this day against Hiram Minor, James Boles, Wade Willmore, Asel Duncan & Lorenzo Lawson. Appear Wednesday after 1st Monday in July 1858.
PROSECUTION BOND: John C. Duke, S___ Stanton to Wade Wilmore, James Boles, Asel Duncan & Lorenzo Lawson. 10 August 1858. s/s John C. Duke, S. S. Stanton
BILL OF COMPLAINT: John C. Duke against Hiram Minor, Wade Willmore, Lorenzo Lawson, James Bowles and Asel Duncan all of Jackson Co. except Minor who has gone to parts unknown. Some time last winter, perhaps January or February, Orator became security for a promissory note for Hiram Minor then executed to Lorenzo Lawson for $105. Since Minor left these parts, Orator was levied upon and judgment obtained. Asel Duncan as Constable is seeking to collect. Said Hiram Minor left no tangible effects, but had small accounts against various Jackson Co. citizens contained in a book in possession of Wade Willmore. Also one other debt James Bowles owes to said Minor. Ask they be made defendants, any money owed to Hiram Minor be attached, applied to note held by Lorenzo Lawson.
INVENTORY & SALE: Personal property of A. A. Duke included cow & calf, horse, mule, hogs, farm tools, tobacco screw, scales. Total $340.78 [includes list of purchasers]. 1 January 1911 s/s R. L. Duke, Executor
ESTATE SETTLEMENT: R. L. Duke, Executor vs M. Duke, guardian of minor children of A. A. Duke, deceased.
Total indebtedness of the estate including interest to 5 May 1913 on unpaid debts after selling assets including land leaves balance to be paid to minor children of $919.07. There are still unpaid debts to be charged to each minor child's share, as follows:
Lester Duke 11/31, $322.63, paid $273.45, balance due $49.18
Allison Duke 15/62, $229.90, paid $150, balance due $79.90.
Bedford Duke 15/62, $229.90, paid $160, balance due $69.90
Nannie Duke 5/62 } R. L. Duke settled balance
Lydia Duke 5/62 } R. L. Duke settled balance
Amount due from the boys $197.98. Allison Duke has arrived at age 21, funds no longer will be under control of Executor or Guardian.
DEPOSITION: A. J. Pharris states Lester Duke is proposing to sell to R. L. Duke a 5 or 6 acre tract of land, $50 or $60 a fair value. Not level, rolling. Would be in interest of the minor Lester to sell this to pay debts due from him on his father's estate rather than sell all his land. s/s A. J. Pharris
DEPOSITION: W. T. Lundy, similar testimony. s/s W. T.Lundy
DEPOSITION: W. W. Draper states A. A. Duke died testate, R. L. Duke named executor. Prior to his death, Duke conveyed his land to his minor children, except about 35 acres which he set apart to be sold to pay debts. Also executed a mortgage on this 35 acres to M. G. Butler to pay a debt owed to a firm in Nashville. Land will not sell for enough to pay debts of over $1000. Lands conveyed to minor children are worth $3000 - $3500. John J. Gore appointed guardian ad litem to minor children. s/s W. W. Draper
DEPOSITION: J. P. Grisham, testified to land value. s/s J. P. Grisham
DEPOSITION: R. L. Duke, lists debts paid, balance on hand $227.91. s/s R. L. Duke
DEPOSITION: Allison Duke, age 21, live near Granville on A. A. Duke farm conveyed to me and my brothers and sisters. s/s Allison Duke
DEPOSITION: R. H. Dowell, known land about 25 years, live about 2 1/2 miles from it. s/s R. H. Dowell
LAST WILL & TESTAMENT: Admitted for probate Monday, 7 November 1910 [Typewritten & original handwritten wills both on film. Transcribed verbatim - mlj]:
I, A. A. Duke, being of sound mind do hereby execute the following instrument as my last Will and Testament. I nominate R. L. Duke as my Executor without bond.
The following is my will.
I want what I have already done that is deeding different tracts or parcels of land to my Minor Children to stand as recorded.
I desire to give and bequeath to my son Allison Duke my six months old bay mule and to my son Lester Duke bay "Grisham" mare and to my son Bedford Duke my black one year old Horse Mule. To my Daughter Nannie Duke, one two yr. old Red Heifer and to Lydia Duke, one two yr. old Red Heifer with white face. And for the year following my death or until the business of my estate is wound up I desire the rents of the farm to be paid to my Minor heirs. Allison Duke is to have the use of the old Mule to make a crop the year following my death, he to return him to my Executor in good flesh or fat. I desire a certain tract or parcel of land containing about 35 acres lying on the West side of my farm and bounded by a woven wire fence nearly all around and what stock and personal property I die seized and possessed of to be sold by my Executor and after discharging all my indebtedness distribute the remainder among the following of my older Children, Micajah Duke, A. M. Duke, R. L. Duke, F. C. Duke, Belle Graves and Hickman Duke and to Bee Price my grandson, cash, Five Dollars and to my Daughter D. T. Grisham, cash, Five Dollars. I have signed over endorsed to my Younger sons Allison, Luster and Bedford three promissory notes of R. L. Dukes for one hundred Dollars each, which I wish my Executor R. L. Duke to pay over to the boys or holders, or owners as they become due. I desire F. C. Duke to have the use of my Ball bay Horse for year 1910 to make a crop.
Given under my hand and seal this the 12th day of October 1909. s/s A. A. Duke Witness: F. A. Kelly, H. B. Smith [both signed]
BILL OF COMPLAINT: R. L. Duke, Executor against M. Duke, Belle Graves, Tenny Grisham, B. Price, A. M. Duke, R. L. Duke, E. Hickman Duke, Frank C. Duke, Nannie Duke, Allison Duke, Lyddia Duke, Lester Duke & Bedford Duke. Complainant R. L. Duke and the defendants are the only heirs.
Belle Graves and her husband Beman Graves and D. T. Grisham of Smith Co.; B. Price of Sumner Co., E. Hickman Duke and Nannie Duke of Davidson Co.; Frank C. Duke of the State of Montana; A. M. Duke, Allison Duke, Lester Duke, Lyddia Duke and Bedford Duke of Jackson Co., last four minors without general guardian.
[List of creditors included].
A. A. Duke departed life on or about 24 October 1910 in Jackson Co. after having made a last will and testament. Left following named children and grand child:
1. M. Duke, a son, resides Smith Co.
2. Belle Graves, a daughter, married Beman Graves of Smith Co.
3. Tennie, a daughter, married J. N. Grisham. Said Grisham died and she is a single woman, of Smith Co.
4. Eliza, a daughter, married R. A. Price. She died, left one son named B. Price, resides Sumner Co.
5. A. M. Duke, a son, resides Jackson Co.
6. R. L. Duke, a son, resides Jackson Co.
7. E. Hickman Duke, a son, resides Davidson Co.
8. Frank C. Duke, a son, resides State of Montana.
The foregoing are the only children of A. A. Duke by his first wife. He was married a second time, and by his last wife had five children:
9. Minnie Duke, a daughter, resides Davidson Co.
10. Alison Duke, a son, a minor, resides Jackson Co.
11. Lyddia Duke, a daughter, a minor, resides Jackson Co.
12. Lester Duke, a son, a minor, resides Jackson Co.
13. Bedford Duke, a son, a minor, resides Jackson Co.
A. A. Duke died seized and possessed of land in the 5th District of Jackson Co., Tennessee, on the north side of the Cumberland River.
ANSWER: J. P. Grisham to Bill of Complaint of R. L. Duke, Executor of A. A. Duke. Respondent was Executor of Prior Grisham, deceased. As Executor, he had a sum of money belonging to heirs of J. N. Grisham, deceased [husband of Tennie Duke, #3 above - mlj]. Before 20 May 1914 he made prior settlement as Executor of the will of Prior Grisham. All money has been paid to the children except some $3 or $4 going to Alvin Grisham.
DEMURRER: Children and heirs of J. N. Grisham, deceased and J. P. Grisham in his own right and as Executor of Pryor Grisham, deceased and of L. A. McDonald their regular guardian and the adult children of J. N. Grisham deceased, to petition filed 22 May 1914.
J. N. Grisham died before his father and money went to grandchildren of Pryor Grisham. Therefore, J. N. Grisham's children are not liable for debts of their father.
The will of Pryor Grisham, deceased, was made 24 April 1907, recorded Will Book D page 424 [probably Jackson County]. Pryor Grisham died 2 November 1911, will was probated November term 1911. J. N. Grisham was one of the children of Prior Grisham. After executing his will, Pryor Grisham became insane and so remained until his death. [Following is retyped extract of Pryor Grisham's will as it appeared on film, verbatim]:
Extracts Pryor Grisham's Will
2nd I will and bequeath to my beloved wife, Martha Jane Grisham, during her natural life, the old home place on which we not live it being all the land I now own, said land is bounded and described as follows; lying and being in the 5th civil District of Jackson county, on Martin's creek and bounded as follows on the north by the lands I recently sold to W. P. Grisham; on the east by the lands of G. W. Tittle; on the south by the lands I recently sold and conveyed to J. P. Grisham, and on the west by the lands of J. C. Elrod and Mrs. E. V. Holliman containing between 75 & 100 acres more or less and at her death said land is to descend to and vest in all my children and heirs at law, share and share alike, that is all my children living at the time of the death of my wife will take said land share and share alike and my grand-children will represent and take the share their parents would here [sic] taken under this will if living.
4th I further will that my executor immediately after my death take charge of all of my property, not herein before disposed of, including notes, accounts, due bills, money and all personal property of whatever nature and kind, sell the property, collect the notes and accounts and with the proceeds pay to each of my children and heirs at law an equal amount of the same without discrimination, favor or partiality, provided that the children of my son Nat Grisham who is now dead shall jointly receive the amount he would have received under this will if living, and the children of my daughter, Mary, who married N. B. Apple, and who is now dead receive the share she would have received under this will if living and if any of my said children now living should be dead at the time of my death, leaving children, then such children shall likewise receive jointly the amount their parents would have received if living.
A. A. DUKE ESTATE DEBT: To Bob Duke Administrator of the estate of Alex Duke... sum due Bockman Bros [A milling company. There are several bills and invoices of sums due, but this was the only one that mentions R. L. Duke as "Bob" and A. A. Duke as "Alex" - mlj]
DEPOSITIONS 15 Jan 1867:
John W. Meadows age 44. William Harris paid Mrs. John P. Murray in corn, value to apply to note John P. Murray held on him. He got receipts. This was about Nov 1863. s/s J. W. Medders
Alfred Pursell age 55. Lived in the neighborhood of William Harris in the fall of 1863. Corn worth $.50 on the bbl. Col. Murray was absent in the service in 1863 and his family lived in Gainesboro. I am acquainted with Mrs. Murray's hand writing and she signed the note. s/s Alfred Purcell
Robert C. Kirkpatrick age 43. I saw Mrs. Murray execute receipt to William Harris in the presence of Mary Cornwell and date 14 May 1863 for $100. s/s R. C. Kirkpatrick
BILL OF COMPLAINT: Andrew J. Duncan and J. W. Judkins, trader under firm name & style A. J. Duncan & Co., against William Harris, John P. Murray and Thomas H. Botts, all of Jackson Co. 17 June 1859, Duncan & Co. recovered judgment against Henry Roberts for $367... note executed by Henry Roberts 10 October 1858. Orators reside in Nashville, sent a note to their collecting attorney M. N. Alexander of Lafayette, TN and he recovered judgment in 1860.
R. S. Hollins & Co. recovered judgment against Henry Roberts for about $102. [Blank date] Henry Roberts transferred his stock of goods to his minor son Thomas Roberts. It was a race to who would sue first to have this set aside. It was agreed between attorneys M. N. Alexander and John P. Murray to file a joint bill, and that each would get a pro rata share.
DEPOSITION: 10 August 1860.
William Harris age about 36. Am security for the defendants. Henry Roberts offered me the account books to indemnify me. s/s William Harris
James F. McCue about age 24. I was indebted to Henry & Thomas Roberts in 1859 at their store in Gainesboro for $16. Paid Thomas H. Roberts before he left here $5 in money and after he left I paid Henry $5 in money. Henry Roberts owed my brother William McCue $6.00 which I agreed to pay and did. s/s James F. McCue
Robert A. Cox age about 27. Last fall I wrote and witnessed a deed of trust, Thomas H. Roberts to William Harris. Believe Henry Roberts was present. s/s Robert A. Cox
Henry Roberts age 46. On 22 May 1859 James McCue made a debt to my son Thomas H. Roberts. s/s H. Roberts
INDENTURE: Jackson County, Tennessee} Between Thomas H. Roberts of the one part and William Harris of the other part. I Thomas H. Roberts have a suit pending against me in Gainesboro filed [blank] 1859 by A. J. Duncan & Co. and R. S. Hollens & Co. William Harris is my security bond for $500, void if I successfully defend... I am indebted to my step mother Mary Roberts wife of my father Henry Roberts... $400... money invested in the mercantile business in Gainesboro. I am hereby transferring to William Harris all my book accounts... money owing to me... year 1859. 20 January 1860. s/s T. H. Roberts.
DEPOSITION: Henry Roberts age 49. Sold my goods to my son Thomas H. Roberts. I sometimes acted as clerk. He employed no clerk. He continued to live with me after I sold him the store.
Question: Say how much money T. H. Roberts brought with him from Philadelphia and whether you received wages as a clerk.
Answer: My son Thomas H. Roberts brought with him about $300. I was not employed by him as a clerk. I did use several hundred dollars of my wife's money to pay debts and support my family. I am a tailor by trade, support my family doing that. s/s H. Roberts
DEPOSITIONS 19 January 1860:
John L. Mahaney, age about 36. Know Henry & Thomas Roberts. I live in the same town of Gainesboro that Mr. Roberts does. s/s J. L. Mahaney
David A. Rawley, about age 31. Know defendants. Henry Roberts has been selling goods and tailoring.
Question: Is Henry Roberts a good tailor... How many in his family and have not his step children living with him got an estate of their own sufficient to support them.
Answer: He is considered a good tailor. I think he could make enough to support his family. I think there is six in his family with his step children. Think there is two stepchildren and they both have some property. Believe they have been married 2-3 years. Since Spring 1859, Henry Roberts stayed in the store part of the time and his shop part of the time.
ANSWER: Henry Roberts and Thomas Roberts to Bill of Complaint of A. J. Duncan. Respondent Henry Roberts admits he is a poor man, has been unfortunate in business. Has paid debts before and if he owes this, will pay that also... requires proof. Has little if any property in Tennessee, no intent to defraud.
Henry and Thomas Roberts both deny going secretly to Philadelphia and buying goods for son Thomas. Thomas, son of Henry, is about 18 years old and has been raised in Philadelphia and had about two years' experience in selling goods. Respondents state that Thomas H. Roberts has not been under the control of his father Henry for 8 or 10 years and has not looked to his father for support nor has Henry a claim to his services. Thomas H. has been in fact raised by his uncle John Roberts of Philadelphia who is a man of wealth and has repeatedly donated Thomas with sums of money, furnished with board, clothing and tuition.
Defendant came to Tennessee about 1852, leaving his son Thomas with his uncle in Philadelphia and on coming to Gainesboro commenced working at his tayloring [sic] trade and made money very fast until 1855 or 1856 when he embarked in the mercantile business, did not succeed as well as expected and sold out to his son Thomas in February 1859.
Henry Roberts did go to Philadelphia... main object in going east was to see his children and connections... intended before he left and still intends to resume his trade as soon as his health permits... became impaired in Philadelphia. July 8, 1860. s/s H. Roberts
[NOTE: 1860 Sistler's US Census index, Jackson Co., TN 82-185: ROBERTS, Henry 48, Mary 31, Mary 14, William 7, Elisa 7/12 - mlj].
ANSWER: John Boles to Bill of Complaint against him and others by Asel Duncan. Requires proof. Has read answer of co-defendant William Boles, same is true.
BILL OF COMPLAINT: Asel Duncan against William Boles, James Boles, John Boles and Thomas Hicks all of Jackson Co. and Leroy B. Settles of Wilson Co., Tennessee and ?Nero Kirkpatrick of the State of Missouri and ?Francis P. Rose? of the State of Kentucky.
Defendant ?Nero Kirkpatrick purchased of defendant Leroy B. Settles a tract of land, and said Kirkpatrick sold said land to Francis P. Rose. Said Rose sold the land to Thomas Hicks.
ANSWER: William Boles, states has no idea how many times land sold. At the filing of this cause, to wit 13 September 1856, he has no interest whatsoever in same.
COMPROMISE: Suit settled by compromise agreement [No details given]. 15 June 1859. William [his X mark] Boles, John [his X mark] Boles, s/s Asel Duncan
SYNOPSIS: W. C. Mitchell died, Henry B. Fowler was appointed his administrator. At a sale of W. C. Mitchell's personal property, William Boles/Bowles bought a horse, signed a note, gave money to his brother James to pay the note. James Boles was killed January 1865 before he could pay the note. The case centered on whether James Boles' widow Margaret J. [remarried to Jacob Little before case ended] was responsible, and whether she had sold any of James Boles' personal property not properly listed as part of his estate and therefore subject to creditors.
DEPOSITIONS: 14 September 1871 in Perry Co. Illinois at residence of John Bowles, taken of James C. Bowles, William Flatt & Elias Williams. Complainant John Bowles, only one of the parties being present.
James C. Bowles [no age]. Am Acquainted with Margaret J. Little, formerly Bowles, who was the widow of James Bowles, deceased. She had sold brandy that belonged to James Bowles in his lifetime, about 35 gallons in a barrel, sold at $1.00 per pint, $8 per gallon. Sold on or before October 1865.
I got a mare and some whiskey from John Trout for Margaret on a debt owed to James Bowles, deceased. All this was while she was a widow and before her marriage to Little. s/s James C. Boles
Elias Williams [no age].
Question: Tell whether James Bowles, the first husband of Margaret Little is dead...
Answer: James Bowles is dead. He had at death two barrels of brandy, 30 - 40 gallons. I bought of Margaret about $40 - $50. 25 Cents a drink, $1 a pint and $5 a gallon. It was sold after the death of James. Elias [his X mark] Williams
William Flatt [No age. Interrogatories to be asked of him were listed, but no answers given. May be Will Flatt who killed James Boles in Overton Co., TN Jany 1865 - mlj].
1. State if you were acquainted with James Bowles and whether you know his widow. 2. State if you & Dr. Sim Hinds and James Bowles were partners in a brandy transaction. 3. How many barrels were there? Did you keep one? How much would each barrel hold.
BILL & CROSS-BILL: Asel Duncan, John Williams, John Bowls and Henry B. Fowler vs Jacob Little & wife Margaret J. Little and
Jacob Little & Margaret Little vs Asel Duncan, John Williams, John Bowls and Henry B. Fowler [No new information].
DEPOSITION: Alexander Bowles age about 82. James Bowles, deceased was my son. He lived about 300 yards of me. He was killed in January 1865. His widow Margaret J. Bowles had to buy some corn the year he died. She borrowed my steers to haul it.
I was at the sale of his property by his Administrators Duncan & Bowles.
Question: Say whether Margarett J. worked out in the farm the year her husband was murdered to make bread for herself and her little children.
Answer: She did. She ploughed she was vary [sic] awkward about it but she did the best she could. She was very industrious and saving.
James Bowles bought three hogs from Calvin Bowles before his death. 16 February 1869. Alexander [his X mark] Bowles
DEPOSITION: John J. Brown [No age]. I was a commissioner assigned to lay off a year's support for Margaret, the widow of James Bowles. 7 Apr 1872. s/s John J. Brown
REPORT: Cause of Asel Duncan and John Bowles, Admr of William Bowles, deceased and John Williams vs
Margaret J. Little and husband Jacob Little and Henry B. Fowler, Admr of Wm C. Mitchell, decd and
Margaret J. Little and Jacob Little vs Asel Duncan and others [Cross-bill]. Since the last term of this court, Henry B. Fowler resigned as Admr of Wm C. Mitchell, decd and [blank] term 1869 Jeremiah A. Roberts was appointed.
ANSWER: John Bowles and Asel Duncan, Administrators of James Bowles, deceased and John Williams to Cross-bill of Margaret J. Little and husband Jacob Little against these defendants and Henry Fowler.
Respondents John Bowles and Asel Duncan
Since the last term of this court Henry B. Fowler resigned as Admr of Wm C. Mitchell, deceased and [blank] term 1869 Jeremiah A. Roberts was appointed Admr de bonis non [administrator of remainder of estate not yet distributed].
On motion of Bennett Minor, security of Complainants Asel Duncan, John Bowles and John Williams, Minor asks to be released from further liability as security on bonds. B. B. Washburn becomes security for Asel Duncan, John Bowles and John Williams.
ANSWER: Margaret J. Little did not assume and agree to pay $90.25 to defendant Fowler, administrator de bonis non of W. C. Mitchell. States William Bowles executed his note with respondents Duncan and Williams his securities to G. W. Mitchell, Administrator of W. C. Mitchell, deceased for a horse purchased at sale of W. C. Mitchell's property. William Bowles, principal in his lifetime paid James Bowles, then the husband of Margaret J. Bowles. Margaret J. said she would pay off notes and other debts if no one bid against her at the sale of her husband's property. No one bid against her, she bought livestock under its value. Charges that the $90.25 is a debt against the estate. 2 Novr 1868. s/s John Bowles, John Williams, Asel Duncan
DEPOSITION: Bennett Minor, age 40. Know Margaret J. Little, knew James Bowles. She was his widow. I bought oxen from Margaret J. six months after James Boles' death. John Boles said she should sell them. He was tending to her business. s/s Bennett Minor
DEPOSITION: Alexander Bowles 27. My father William Bowles owed a debt to Henry B. Fowler, administrator of W. C. Mitchell's estate for a bay horse bought at sale of Mitchell's property. Don't know how much apple brandy James Boles had on hand at his death. The day James Boles was killed there was 5 or 6 other people at his house and they all drank some brandy. Bennett Minor had a jug of brandy next morning, didn't see it drawn. Alexander [his X mark] Bowles
March term 1876, Minute Book H, page 77. A. W. DeWitt took depositions. M. W. Abney said she was to give A. W. DeWitt $25 and did pay $24.50.
DEPOSITIONS: [One deposition shows "Continued to 16 January 1869, notation at bottom "Certified 2 Feby 1869", Jackson Co.] :
Simson Hinds 54. Knew James Bowles, know the widow Margaret J. Little. Paid him $40 in Confederate money for a mare. Offered to pay balance in money and he refused. Said he wanted it to go on a debt he owed to Henry Fowler as administrator of someone's estate.
James Bowles bought 93 gallons of brandy at $3 per gallon from Bennett Minor. It was in Jerry Roberts' smoke house last I saw of it. He asked if William Flat could come in as equal partners, that I lived too far off and William could help go over there and haul it off... it was in danger of being captured by Soldiers.
Me and James Bowles let Trout have 68 bushels of corn and was to have one gallon of whiskey for each bushel of corn. Margaret Bowles got a filly for the whiskey debt which was sold at the administrator's sale after he died. Trout has not paid me my part of the whiskey. s/s Simson Hinds
[Under Hinds' name: "Overton County 16 miles" indicates he probably traveled from Overton Co. to give his deposition].
E. L. Gardenhire, lawful age. Examined papers in cause of Ailey Gardenhire vs John Bowles dated 19 October 1865. I was the attorney for the case. Samuel Little or rather his agent Jacob Little had the papers and note. I paid it to him. 18 November 1869. s/s E. L. Gardenhire
Henry B. Fowler age 33. Know parties, especially Margaret J. Little and Jacob Little. Her first husband is James Boles. He died winter of 1864-1865. I recognize William Hawkins handwriting as acting Justice of the Peace. He signed warrant and judgment against James Boles. Margaret, his widow, sold oxen and brandy to pay it off.
Question: State if James Boles was not killed several miles from home and if Margaret did not see him until after he died, and if he was in service and if so what captain.
Answer: Did not know Margaret before her husband died. James Boles was sometimes with Hamilton's men, do not know if he belonged to the service. He was a good trader. s/s H. B. Fowler
Miley A. Bowles, age 40. My husband's name was William Boles. He died in November 1864. My husband and James Boles were brothers. James died January 1865... best recollection. Miley A. [her X mark] Bowles
David Whitaker, age 30 [Testimony re brandy and cow sold]. David [X] Whitaker
John Trout, age 60. Margaret J. collected debt I owed her husband James after he died. Understand Crafford Flatt and Cal Boles were Federal soldiers. s/s John Troutt
William Williams age 50. Settled with Margaret J. while she was the widow of James. I had Spiveys son working with me...
Question: Did you pay it to Margaret J. or to Calve Bowles.
Answer: Did not pay Margaret... saw it handed to Margaret. s/s William Williams
William H. Hawkins age 36. I think Margaret J. can read writing but I have never seen her write [Questioned as to her being "nearly illiterate"]. s/s W. H. Hawkins
Tench Carmack age 36. Helped James Boles tend corn crop the year before he died, 20-22 acres, 5 or 6 barrels per acre. Boles died 7 January 1865. Tench [his X] Carmack
Andrew Flynn 55. [Verbatim]: I let James Boles have a Navy pistol. It was called a army Navy pistol it was the same pistol that Will Flatt took from him the day he was killed. There was William Spivey Isaac Adcock Jackson Flin Bennett Richardson John Boles Senr James Boles, Charles Poston Calvin Boles George Abney & myself were all concerned with said pistol and we all agreed to meet at James Boles on a certain day and sell said pistol to the highest bidder we met at the time appointed all but George Spivey and Charles Poston the pistol was not offered for sale James Boles treated the crowd to some brandy"...
Question: State how you know it was the same that was captured from James Boles by Will Flatt the day that he murdered him.
Answer: I saw the same pistol in Will Flatt's possession after James Boles was killed... small gap in the mussel [sic] of the pistol. Will had two Navy pistols on the day James Boles was killed.
Question: Was Will Flatt a desperate man who would as soon tell one tale as another?
Answer: He was. Andrew [his X mark] Flin
James Raglan 29. Sold some whiskey for Margaret J. the spring of 1865, some to a Yankee... did not pay for and some to William Roberts, did not pay for. Sold some for $1.50 and $2.00 per quart, some for $5.00 per gallon. Kept $1.00 [for selling].
The children that Margaret widow of James had at his death were Mc Boles about 10 or 11, John W. Boles about 7 or 8, Melissa Boles about 5 or 6, Toby Boles about 3 or 4, Isabell Boles about 2 and one other born in March after he was killed in January is called James. They are all living. I live about 1 1/2 miles away. Margaret is a very industrious woman. James [his X mark] Raglan
Sarah L. Williams, age 20. I lived at James Boles' about a month before he died, was living there when he died and with his widow Margaret two years after. He bought brandy, sold for $5 per gallon, $2 per quart, $1 for a pint and 25 Cents per glass.
Elias Williams was a tolerable good customer. Sold some to John Bowles, David Whitaker, James Raglan, Anderson Hardy, John Casson, Card Masters. Margaret J. and Cal Boles counted the money.
She sold whiskey to Job Johnson and Jonathan L. Smith. Margaret bought a load of corn from Sallie Duncan which was at Samuel Flatt's in Feby after James died.
The brandy was buried... whoops [sic; barrel hoops] gave way and a good deal leaked out.
Margaret J. and her brother Henry Gordon had the barrel in the house putting a whoop [sic] on it. Margaret put her molasses in the barrel after the brandy was taken out and it leaked and the hogs wallowed in it.
Think Margaret sent Mart Gorden after some whiskey... don't know if he got it from Troutt. Sarah [her X mark] L. Williams
George W. Abney age 40. Went with Margaret J. to John Trout's in Overton Co. to see if she could get him to pay a debt. There were soldiers at Butler's Landing and she tried to get them to make Troutt pay his debt. Don't think he did at that time.
I helped Margaret raise [dig up] a barrel of brandy and we buried it again in the smokehouse. s/s G. W. Abney [Appears he could barely write his name - mlj].
John Bowles 34. James Bowles was my brother. Lived about 1 1/2 mile from him. Margaret J. only had a boy age 13 to assist her... soldiers in the country, Civil War going on, James killed in January 1865, administrators were appointed in November. Margaret had 6 children, 5 of them younger than the one spoken of. There were no soldiers stationed at Butler's Landing, but guerillas through the country.
Margaret J. went in a cart to where James her husband was killed. Suppose Jim [James Bowles] rode the ball face horse there. I was riding Andy Flatt's mare and met them at Bill Williams. James Boles was then a corpse. Did not see anyone kill James Boles, heard Will Flatt say he did. Andy Flatt was Will Flatt's brother. Margaret J. they [sic] were hauling the corpse from Will Flatt's to my father's... in a cart. I was attending to the suit Margaret J. brought against Will Flatt for killing her husband.
Question: State whether Margaret J. regarded the Illinois debt claimed by her brother against her husband James Bowles was a just debt.
Answer: Don't know anything about it, only the amount... about $85. The administrator of the estate hasn't paid or been sued on it. John [his X mark] Boulds, ex
ANSWER: Jacob & Margaret Little to Bill of Complaint by Asel Duncan & others. Margaret Little states A. Bowles, father of her deceased husband then James Bowles, agreed to give her the land where she and her deceased husband James lived if she would pay him 8 barrels of corn per annum as long as he lived. She agreed. A. Bowles is still living.
Respondent had a suit against Will Flatt for the murder of her husband for damages in Overton Co. Court for $1500. 24 June 1868. s/s Jacob Little, Margaret J. [X] Little
BILL OF COMPLAINT: Asel Duncan, John Bowles and John Williams of Jackson Co. against Margaret J. Little and husband Jacob Little and Henry B. Fowler, all of Jackson Co.
William Bowles is now dead. Orators as security executed a note to G. W. Mitchell, executor of W. C. Mitchell for $90.25 dated May 11, 1861.
8 March 1867 said H. B. Fowler, administrator de bonis non of said W. C. Mitchell caused warrant to issue against William Bowles the maker of said note and Orators John Williams and Asel Duncan were his securities. Judgment was rendered 13 April 1867 against William Bowles who was dead and had been for some time. He died in 1864. Asel Duncan and John Williams were appointed administrators November term 1865. Judgment is null and void... rendered against Bowles who was dead. William Bowles before he died paid his brother James to pay off the debt for a horse William Bowles purchased at sale of C. W. Mitchell deceased. James Bowles agreed. James Bowles died [blank] Jany 1865 before he paid the note to Henry B. Fowler, admr of C. W. Mitchell. After James died, his widow Margarett J. married Jacob Little. Margaret Little offered to pay off the debt, and on 5 October 1865 paid $21.00.
Margaret J. Little has 120 acres in Jackson Co. Also 300 acres remainder interest or undivided one-half interest in land adjoining William Hawkins, Wm [or Mrs] Dale and William Hardy on waters of the southerly fork of Mill Creek, same land once owned by William Flatt. 26 February 1868. s/s Asel Duncan, John [his X mark] Williams
BILL OF COMPLAINT: About November 1852, Duncan purchased tract of land of said McClendon, gave notes of $300 payable yearly in three installments and McClendon executed title bond, for two 50-acre tracts. Boundaries inaccurate.
DEPOSITIONS 22 January 1855:
Thomas Smith 53. Was there, heard McClellan tell Duncan that Alexander Boles knew the boundaries better than McClellan. s/s Thomas Smith
William Hawkins, about 47. Surveyed the lands, total of 100 acres. Neither tract was an exact square. s/s William Hawkins
John Brown, about 46. Was present when land was surveyed by Matthew Smith, and McClellan asked Smith if he was certain he was right... s/s John J. Brown
William Rush about 62. Was present when Mounce Gore run the lines. s/s Wm Rush
AMENDED BILL OF COMPLAINT: Asel Duncan against George McClendon. About November 1852, he purchased of said defendant a tract of land for $300 in installments. Defendant point out corners and distance... that he sold a large amount of land to which he has no title and that the lost land, worth about $150. Orator charges defendant has cheated and defrauded... Made oath above true... 16 Jany 1854. s/s Asel Duncan
CROSS-BILL: George McClendon against Asel Duncan. On 20 Dec 1853, defendant Asel Duncan filed a bill of complaint. Orator states he sold 20 Dec 1852 to defendant [Duncan] a tract of land and took his notes for payment. Orator at the time he sold land represented there were 100 acres, but did not show corners... told him there was a corner he had never run and did not know where it was, but referred defendant [Duncan] to defendant's father in law Alexander Bowles who lived in the neighborhood, and said Bowles knew corners and lines better than orator. George [X] McClendon
[Plat map of two 50-acre tracts on film, does not show neighbors, creeks, etc.].
DEPOSITION: Bailey P. McClendon 21. Fall 1853 went with defendant to Complainant's. The old man proposed to rescind the contract for the sale of land. Duncan later told the old man he would rescind for $10 which Duncan had paid a young man to have some of the land cleared. The old man refused. Was a rumor since or about that time Duncan was going to move to a new country. s/s Bailey P. McCleland
DEPOSITION: L. G. Rose, age 44 [nothing new].
DEPOSITION: Elias Gaw age 41. Was not present, know nothing. s/s Elias Gaw
DEPOSITION: Wiley Gaw age 45. Ditto Elias. s/s Wiley Gaw
DEPOSITION: Thomas Smith age 50. Testimony land value. s/s Thomas Smith.
DEPOSITION: John Gaw age 50, land value. s/s John Gaw
DEPOSITION: Benjamin Smith age 46, land value. s/s B. A. Smith
DEPOSITION: Michael Gormley, read Benjamin Smith's deposition, adopt it as my own. s/s Michael Ghormley
NOTICE: Will take depositions 12 July 1884 of Asel, John and Austin Duncan at house of Asel Duncan.
J. A. Duncan, age 26. Alias John A. Duncan. My mother is Sarah E. Duncan. She was to feed my stock and was to take care of me. I was sick and confined to bed.
Asel Duncan [blank age]. About December 1883, I heard Austin say he wanted his mother to have his dark colored mare for waiting on him during his sickness. [Signed] Asel Duncan
BILL OF COMPLAINT: Sarah E. Duncan against Wm C. Gore and Asel Duncan. Complainant is the wife of Asel Duncan. J. A. Duncan conveyed for her sole and separate use a black mare. Gore willfully seized in process against her husband as deputy sheriff. Sarah E. [her X mark] Duncan
AFFIDAVIT: Sally Duncan makes oath that Austin Duncan and Asel Duncan are material witnesses, and are confined to beds with consumption, liable to die at any time. Ask that depositions be taken at dwelling house of Asel Duncan. Dated 16 May 1884. Sarah E. [her X mark] Duncan
BILL OF COMPLAINT: Sarah E. Duncan against defendant Wm C. Gore. Defendant Gore is insolvent, recovery against him would be nothing. Asks he be enjoined from selling black mare... is the province of a court of equity to protect the estates of married women.
BILL OF COMPLAINT: L. J. Lour [sic] of Jackson Co. against Sarah E. Duncan of Clay Co. Suit is pending in Jackson Co., Sarah E. Duncan as plaintiff against L. J. Lowr, [sic] J. S. Quarles and J. W. Stafford are defendants.
Said suit was brought on an affidavit of the loss of a note. Orator thinks affidavit reads "... made oath that she held a note on L. J. Lour, Jno S. Quarles and J. W. Stafford due 1 December 1886 for $77.50. Said note is lost or mislaid."
Orator states he did execute such a note. That he thinks and believes note was for a balance due on the purchase of a black mar [?mare] from defendant. Positive it was for balance due the husband of Sarah viz Asel Duncan, deceased.
After the death of her husband Asel Duncan, the widow Sarah E. Duncan with her children, heirs of Asel, entered into a compromise with J. M. Morgan. By this compromise agreement, he, Morgan, got possession of lands in controversy between Duncan & Morgan and carried off a lot of timber... tangled estate of Asel Duncan... he refers to other suits in your Honor's court... Asel Duncan and his son Austin Duncan.
REPORT OF CLERK & MASTER: Land of Asel Duncan rented for the year 1891 to Thomas Wheelock, his being the only bid at offering 10 December 1890.
CAUSE HEARD: J. M. Morgan vs Sarah E. Duncan, Geo M. Flynn, Wm T. Duncan & Margaret Lynn and the minors Amanda E. Flynn, ?Amet Flynn, Geo M. Flynn, Jr., Julia V. Flynn, James W. Flynn and Sarah A. Flynn, children of Mary E. Flynn who died since commencement of suit. Cause came to be heard 4 Jany 1891. All equities in Complainant's bill are sustained. Complainant allowed rescission [cancellation] of compromise agreement. Money paid on purchase be returned, defendant entitled to money for timber taken.
CAUSE HEARD: Sarah E. Duncan vs J. M. Morgan and J. M. Morgan vs Sarah E. Duncan 20 March 1895. Court is of the opinion [blank] May 1885 Sarah E. Duncan, Marget [sic] Flynn and her husband Geo Flynn did make, sign and deliver a deed for the land described in Complainant's bill, in Jackson Co., TN on the home place or McClenan land on which Sarah E. Duncan once lived... 100 acres in two 50 acre tracks [sic]. For boundaries, reference is hereby made to a deed by Geo H. Morgan as assignee in bankrupcy [sic] to J. M. Morgan... bounded by Jo Brown... Ghormley tract, the home tract and Gore heirs and a tract purchased by Asel Duncan at a tax sale, formerly owned by Elexzander Bols [sic]. That W. T. Duncan and Margett [sic] Lynn signed said deed.
It is further adjudged by the court that defendants Sarah E. Duncan, G. M. Flynn, Mary Flynn, W. T. Duncan and Margaret Flynn have made to J. M. Morgan a good deed and title on the deed made to him on the 25th May 1895.
[NOTE: Sistler's printed index of 1880 Jackson Co. census lists, page 212: FLYNN, George M. 33, Mary E. 32, Amanda E. 9, Amos 8, Allen 6, George M. 5, Julia V. 3, James W. 6/12 - mlj].
CLERK & MASTER'S REPORT: John A. Durham against Richard Woodall, March term 1884. Order of reference M[inute] D[ocket] J, minutes of court, Novr special term 1883. Value of house, land, fence and other improvements by defendant. Complainant verbally agreed to sell ten acres, but pay in work to be done.
D. R. Buchanan age 73 who has been a mechanic and house carpenter 55 years estimates house worth $75-$80. s/s David R. Buchanan
J. K. Williamson, a workman of considerable experience, house carpenter for 6 years, estimates $100.
James E. Wheeler age 67 states house and barn worth $150. [Signed].
James Woodall estimates value of improvements at $200 [Signed].
James A. Montgomery age 30, estimates $50-$75 [Signed].
Z. T. Terry estimates house $65-$70. s/s Z. T. Tery
W. M. Gailbreath states house worth about $40-$50, barn not worth anything, about to fall down. [Signed].
G. F. Murray, "It is not put up in a workmanlike style. If a man knew Dick Woodall, he would know what kind of house it is without asking what sort of a house it is". He puts no value on it.
In view of conflicting reports, Court concludes worth $80 for improvements based upon most experienced carpenter, D. R. Buchanan.
POVERTY OATH: 24 March 1884, Richard Woodall states he is unable to pay costs due to poverty. Richard [his X mark] Woodall
DEPOSITIONS [Between 18 December 1882 and 18 July 1883; not all dated]:
John Woodall age 19, my father is the defendant. He took possession of the land in 1879, put up double framed house, porch and stables. The house has chimneys, considerable amount of fencing. House is partly ceiled and weather boarded all over. Worth $200-$300 for house and barn, 20-30 yards of rock fence, rest paneled, worth $25-$30.
Myself, Jim and Smith Woodall were present on Hurricane Branch when the contract for land was made. [Signed].
Richard Woodall: J. A. Durham sold me the land and he told me to build a good house and not to put up a sorry one. I was to pay him in work. Richard [X] Woodall
Smith Woodall: Defendant is my father. [Signed].
John A. Durham, age 54: Not at all happy with workmanship. s/s J. A. Durham
Andy Maberry, about 27. I went into possession of said house when Woodall went out of it. Been living there about a year. House about 30 feet wide and 15 feet long. About seven feet from floor to the loft. Ceiling about to fall off. Roof leaks. Some of the lumber was dressed and some was not. Bad workmanship. Could not count as a permanent improvement. Rocks falling out of chimney. Sort of a old stock shed and [corn] crib under the same roof, which leaks. Andy [his X mark] Maberry
James Woodall: Defendant Richard Woodall is my brother. s/s James A. Woodall
CHARACTER TESTIMONY: Neighbors living within 150 yards to one-half mile or so state Richard Woodall's character is between "fair" to "bad". His sons considered somewhat better. All signed:
B. G. Moreland, John M. Upchurch, S. G. Rogers age 64, Ralph Rogers age 35, D. D. Pate [Signed Dan D. Pate], James E. Wheeler, Sr. [Stated boys in neighborhood, raised by better parents, of better character were the Darwin boys and William Rogers, widow Rogers' boy], W. M. Gailbreath, W. T. Rogers age 28.
SETTLEMENT: October term 1894, following received $5.00 each from estate as heirs: Viola Jenkins, Mary Hutchenson.
INVENTORY: 2 October 1894, Inventory of Alexander Dycus, guardian of Larkin Dycus, deceased heirs. Amount received by him for heirs $25.00. Heirs are: Beverly Thomas Dycus, Violla Dycus, Mary A. Dycus, William Dycus. Alexander [X] Dycus
[Note: This comprises several cases on Logan H. McCarver family. More is to be found on at least one other reel, don't recall which. Divorce of L. H. McCarver from first wife, also suit by Anna Moore [?married name] who lived with her father Thomas in Georgia, then removed to Texas with her husband whom she married in Georgia, divorced from him, sued estate of her grandfather L. H. McCarver when she was living in Davidson Co., TN; filed/filmed using her married name. Ex-husband & daughter in Texas. - mlj].
BILL OF COMPLAINT: J. A. Dycus [former Deputy Sheriff of Jackson Co.] against Mary McCarver, Executrix of L. H. McCarver, deceased. On 20 May 1885 Logan H. McCarver recovered judgment against Jackson Co., TN, sum of $3848.68. L. H. McCarver died testate, Mary is his executrix.
ANSWER: Mary McCarver to Bill of Complaint of L. H. McCarver. She and complainant married at time and place stated in bill. Denies that about 12 August 1878 or any other time she held in her right hand a weapon... attempted to take the life of complainant with a butcher knife. Respondent was in the back yard cutting cabbage to make kraut. Complainant came up to her and without the slightest provocation struck her over the head with a buttress, cut her head to the skull bone, would have done further injury but for the intervention of another person. They had children, so she bore his violence... threatened to shoot her and then himself. Disgrace of separation horrible... last resort. The charge that she accused him of intercourse with his grand daughter is false. States if any such idea has gotten into anyone's head, it is their conduct. Denies she made the charge in presence of Henderson Cornwell. She signed papers as stated in bill under duress... life was threatened.
Respondent charges that complainant, Thomas Moore and the grand daughter Anna Moore entered into a conspiracy to crush and [can't read] respondent. Complainant is a man of large means, $25,000-$40,000. He has no living children except the two mentioned in his bill. Has some grand children for which he has made ample provisions. Believe his estate should support her and her said children. A large part has been made by their joint effort since their marriage. Asks custody of children, says improper for him to have them.
He has several farms in Jackson Co. including the home place on which he lives on Indian Creek, owns a part in widow Huffines' tract and several shares in widow Carver's tract. Oratrix has one of their children, Lulu, and he has the other, John L. 9 September 1878. s/s Mary McCarver
SUMMONS: Mary Ann McCarver, Admr of L. H. McCarver, deceased. 14 Feby 1890. Last statement October 15, 1898, Wills Inventory Book B, pages ?434 & 5.
BILL OF COMPLAINT: Logan H. McCarver against Mary McCarver. Were married in Perry Co., IL, 14 Feby 1864, resided there until September 186[?6] when they removed to Jackson Co. On about 12 August 1878, she attacked him with a large butcher knife. Petitioner is old, feeble and weak, she is young and vigorous.
Reckless disregard of his character... in front of Henderson Moore... did charge petitioner with criminal intercourse with Anna Moore, a grand daughter of petitioner she being the daughter of his first wife. Accusations are wanton, wicked and malicious. Statement of Thomas Moore, father of Anna Moore and defendant Mary McCarver stating they are false will be introduced.
Two children of their marriage, a boy John L. age 12 and a girl Luluh about 7.
REPORT OF C & M: John A. Dycus filed bill of complaint against Mary A. McCarver, Admx of L. H. McCarver, deceased; N. B. Richmond, Admr of R. F. Richmond, deceased; S. S. Carver; Amanda C. Hufhines, Admr &c of A. S. Hufhines, deceased; Willis Cornwell and others.
L. H. McCarver filed his bill against the above defendants and others.
Above Defendants except Complainant was to pay the cost. Respondent is a nominal party because he was the deputy sheriff.
DEPOSITION: Geo H. Morgan. Was in court when case of L. H. McCarver vs Willis Cornwell was finally determined March term 1885. Case styled L. H. McCarver vs A. H. Hufhines, et al, Minute Docket K, p. 267 and same book, page 300, L. H. McCarver vs S. A. Morgan, Admr.
J. A. Dycus made settlement as guardian of the minor heirs of Elvira, to wit: Margarett E. Sloane, Elbert ?J. Sloane, Sarah C. Sloane, by which they are indebted to him for $1.25. No other funds, he resigns. 6 September 1875. s/s J. A. Dycus
Settlement with four heirs, 5 Sept 1907, received $5.09 each plus interest: F. A. Dycus, E. D. Carver, W. M. Gailbreath guardian of Oscar Dycus, "My one-fourth interest retained as heir of S. P. Dycus (M. H. Dycus)".
SETTLEMENT: Made 30 June 1906, included amount paid for a coffin on 12 January 1903 of $15.00.
AFFIDAVIT: F. A. Dycus makes oath that Parlee [?S. P. Dycus] held a note on him before she died, now in hands of her Administrator W. H. Dycus. States that his mother give him the note... did not want F. A. Dycus to pay the amount.
s/s F. A. Dycus, Rosie Dycus
SETTLEMENT: 5 March 1904, indicated cash on hand about $338. Cash raised day of sale $36.00. Those who signed notes for items [not listed] at sale on 30 January 1904. [Name listed first is Purchaser/Principal; names listed 2nd or 3rd were Security]:
S. A. Carver; S. H. Carver & J. H. Carver, $10.25.
Heath Hall; S. H. Carver, Haywood Richardson, $7.25
F. A Dycus; S. B. Hall & G. E. Dycus, $8.55.
S. H. Carver; J. A. Carver, S. A. Carver, $12.80.
Rosalie Dycus $8.35.
M. H. Dycus $7.50.
Jack Hutchenson $3.50.
Note on F. A. Dycus 20 August 1901 with interest from Mar 1, 1902, $7.50. Note on M. H. Dycus for rent, $50.00. Dated 5 March 1904
SETTLEMENT: 1st Monday in September 1875, Estate of William A. Hall, decd.
Paid widow year's support from 2 June 1873 as ordered by court, $60.00.
Paid Mariah Armstead for boarding Sarah Hall, widow of Wm A. Hall, decd from 1 Apr 1874 to 14 Jan 1875, $95.00.
Paid Willis Cornwell for making coffin, invoice dated 10 June 1873, $15.00 [for Wm A. Hall].
SETTLEMENT: Granville, Tennessee 13 Jan 1875, estate of Sally Hall, deceased.
To W. T. Neely of Neely & Brown, making walnut coffin, $10.00.
SALE OF PROPERTY: List of persons who purchased William A. Hall's personal property by signing notes on 29 March 1873 at estate sale:
S. B. Hall, W. H. Hufhines, Mariah Armstead, Louis Gully, Neal Carver, John Veach, Isaac Williams, George Jenkins, T. J. Gully, G. W. Dixon, J. W. Carver, Samantha Hall, Isaac Wigins, Sanders Sisco, P. M. Hardcastle, F. A. Dycus, E. Rusel, J. A. Dycus, William Freeman.
Bill of Complaint: Josiah Bullington of Putnam Co. against James L. Dycus & Thomas Lansdon of Putnam Co. and Mary Dycus of Jackson Co. 26 March 1860, Bullington recovered judgment against James L. Dycus & Thomas Lansdon of Putnam Co. for $132.40, for unpaid note executed by Dycus to Landsdon, and by Lansdon assigned to Complainant. That execution of said judgment was stayed by the note of Mary Dycus as security. James L. Dycus is insolvent, his only property being a tract of land in Putnam Co. upon which executions have been levied more than the value of said land. Thomas Lansdon is also insolvent, no property to be found.
Believes James L. Dycus and Mary Dycus are about to move from Tennessee. Dycus has an undivided interest in a tract of land in District 2, Jackson Co., bounded south by William Hufhines and southwest by James Jones, west by land on which Joseph Cowan lives, east by land of David Draper & Harvey H. Draper and north by land of H. H. Draper and Andrew Cowan, of which her husband James Dycus died seized and possessed and where he lived at his death. She also owns personal property.
Also is informed and believes Thomas Lansdon is about to leave the State of Tennessee. James L. Dycus owns corn standing in the field.
Asks that James L. Dycus, Mary Dysus and Thomas Lansdon be made defendants, property attached. 14 September 1860. s/s Josiah Bullington
INTERLOCUTORY DECREE: August special term 1866, sheriff to levy on widow's dower and also 100 acre tract adjoining as property of James L. Dycus being a part of the James Dycus landed estate and also James L. Dycus' reversionary interest in said Mary Dycus' widow's dower, being real estate formerly owned by James Dycus, deceased.
REPORT OF SALE: After advertising property, sold 1st Monday in October 1866 to Joseph Bullington, his being highest bid, at cost sufficient to cover debt and costs.
DEPOSITION: William D. Dycus 10 October 1874. I am a son of James Dycus who died in Jackson Co. 22 June 1855. He had eight heirs at the time of his death, to wit: Malindy Ray, myself William D. Dycus, P. Almary who married A. D. Hall, John A. Dycus, James L. Dycus, Susan who married Thomas Lansdon, Julia who married Jud Moreland and Sary A. Dycus. He died intestate. James L. Dycus did convey to me by deed all his interest in land he owned except his share of the widow's dower, dated October 1860.
J. H. Young and Brooks & Cox also claimed an interest in land and they made a compromise. s/s W. D. Dycus
CROSS-EXAMINED:
Suppose attachment was made by Bullington before my deed was registered. I paid for the land by money and stock. About $125 to James Dycus, $100 to Aurelius Hall, think about $50 to Howard Young for Malindy Ray, plus paid Malindy more money, don't remember the amount. Paid James L. Dycus a mare and a cow and $3 or $5. Some of the heirs I executed notes to, haven't paid anything since I filed my bill against Brooks & Cox.
Denton Moore purchased my interest in the widow's dower at a sale made in favor of W. E. Jones.
James L. Dycus was Admr of my father's estate. My mother was living at the time. She is still living, but not in this state. She was not living in this state when my share of the widow's dower was bid off by Denton Moore. 10 Oct 1874. s/s W. D. Dycus
BILL OF COMPLAINT: William D. Dycus against Josiah Bullington, Richard P. Brooks & Robert A. Cox. Years ago, Complainant's father James Dycus departed this life in Jackson Co. leaving eight children, one being James L. Dycus. In 1855 or 1856, James L. Dycus purchased of his brother and sister, including Orator a 100 acre tract of land, executed notes totaling $400, never paid a cent of the money. October 1860, Orator purchased the land from James from James L. Dycus. Both deeds were registered October 1860. 14 September 1860, Josiah Bullington filed his bill stating he recovered judgment against James L. Dycus and Thomas Lansdown on 26 March 1860. James Dycus' eight children were: James L. Dycus, Malinda Ray, William D. Dycus, J. A. Dycus, Almira Hall, Susan E. Lansdon, Julia Moreland and Sarah A. Dycus. 8 July 1869. s/s W. D. Dycus
TO SHERIFF OF JACKSON CO: Summon Matt Dyer, first Monday in July next to answer Bill of Complaint for divorce of Belle Dyer. Dated 1st Monday in Mch 1894.
BILL OF COMPLAINT: Belle Dyer vs Matt Dyer. Married in Putnam Co. [blank] 189[blank], moved to Jackson Co. immediately thereafter. About 4 months ago defendant left, refuses to cohabit and support, charges cruel and inhuman treatment. Whipped, vile names. Asks divorce, maiden name Bell Carr be restored. 21 June 1894. s/s Belle Dyer
PETITION: Levica Gipson, orator, has recently been informed that 50 acres in Dist. 12, Jackson Co., known as the widow Brewington's dower place was assessed for taxes in 1886 against Thomas Brewington's heirs.
Petitioner states that she was in possession and claiming as her own this land and another 150 acre tract all lying in one body, bounded north by land of Frank Fox, east by land of Henry Fox, south by land of Jeff Johnson and west by land of John Fuquay. The tax on the land was about $3.00 and she would have paid if she knew it was assessed separate.
L. R. Dyer had himself appointed Administrator of Thomas Brewington, deceased, set up fraudulent unlawful detainer, and was put in possession while case was pending. Dyer and Hansford Brewington are temporarily in possession... permitted L. K. Smith, the back tax collector, to take judgment. Land sold for back taxes February 1888 for $16 on credit of six months, without redemption rights, and L. R. Dyer became the owner. She asks sale be set aside.
States she is a feeble old woman... no knowledge of legal matters and did not know land sold until her attorney advised her this 14 November 1888.
?Victy Gipson makes oath foregoing is true. 14 Nov 1888. Lavica [her X mark] Gipson
PROSECUTION BOND: Vicey Gipson Principal and J. T. Anderson her security [also her attorney], to L. R. Dyer. Luvisce [her X mark] Gipson
PETITION: Levica Gipson states many years ago Thomas Brewington died, no one was appointed administrator. 1887 L. R. Dyer was appointed administrator, filed unlawful detainer against her and had her evicted. She appealed, judge can't find papers. 15 November 1888. Levisa [her X mark] Gipson
NOTICE OF DEPOSITION: To John Flatt & Larking Johnson. Depositions to be taken beginning 31 Oct 1896 and daily thereafter until complete, Sunday excepted: Wm Whitson, John Boynton, George Dyer & wife Sarah Dyer, A. G. Jackson, Joseph McHenery, James McHenery, Waid Dyer, John Neemore, Garrit Neile, Wm Neile, Wm Dawse, Lane Halfacre, James Petty, Culom Ragland. 26 Oct 1896, at L. R. Dyer house in Dist 12, Jackson Co. [Note: Most of these consist of character testimony - mlj].
G. W. Dyre. We bought the land in controversy from Paten Terry. Albert Lee owned part of the land the deed covered. Paton Terry and Alert Lee divided the land. G. W. [his X mark] Dyer
W. T. Douse, am Constable 7th Dist., Jackson Co. Dyer good character. s/s W.T. Daws
Sarah Dyer age 49. Husband George and she sold the interest in land they had bought of Paten Terry. Acknowledged deed that Ancel Davidson had of force of husband, not own free will. Didn't want to sign deed to Davidson because $30 had not been paid. Signed deed to L. R. Dyer voluntarily. Sarah E. [her X mark] Dyer
A. G. Jackson 48. Known L. R. Dyer 25 years, good character. s/s A. G. Jackson
ADJOURNED to 14 Nov 1896:
John Boyenton 75. Bought part of land in controversy from Eli Jackson. Took possession, lived there about two years, traded it back to Eli because I doubted the title. John [his X mark] Boynton
James Petty age 26. John Boynton lived on land that John Flatt is trying to set up title to in 1884 and 1885, best of knowledge. I live about one-fourth mile away. s/s James Petty
W. W. Dyer 32. L. R. Dyer in 1889 told John Flatt that he had a title to the land in fee simple. s/s W. W. Dyer
James Brown age 40. Known Logan R. Dyer all my live, live 1 1/2 - 2 mile. Character mixed. Know the land in controversy. Ansil Davidson owned it, and lived there 2 or 3 years. John Flatt moved on it. Eli P. Jackson lived there 2 or 3 years. John Flatt lived there 9 - 10 years. s/s J. M. Brown
Joseph Rogers 66. Known Logan R. Dyer 25 years, bad character. Live 3-4 miles. I testified in case of Arch Bryant and Andy Fields against [can read]. Had a lawsuit with L. R. Dyer, am not mad. Like him well enough to pass and repass. s/s Joseph [X] Rogers.
E. L. Jackson age 63. Live about 3-4 miles of L. R. Dyer. Character not good from what I've heard. s/s E. L. Jackson
A. J. Jackson age 60. Been a close neighbor to L. R. Dyer 15 years, bad character. John Flatt has been in possession of land 9-10 years. A. J. [X] Jackson
Jas. Hopkins. Known L. R. Dyer 25 years, live 1 1/2 mile, character not very good. Believe Jim Jackson lived in the house before John Flatt moved there. The house was moved some 7, 8, 9 years ago. James [X] Hopkins
Perry Vickas. Live about 40 feet from the land. Lived within 4 miles of it for 15 years.
Perry [X] Vickas
T. B. Billingsley [no age, nothing new]. T. B. [X] Billingsley
John Flatt. I am a defendant. I own the land by deed from Eli P. Jackson Feb 9, 1887. Jackson bought it from Ansel Davidson 30 October 1882. Davidson bought it from G. W. Dyer 4 November 1878. s/s J. M. Flatt
Jackson Bradford, lawful age. Some 10 or 12 years ago I lived on L. R. Dyer's land. Jackson [his X mark] Bradford
DEPOSITIONS [Logan R. Flatt of good character]:
L. S. Anderson, known 8 years. s/s
John P. Jackson s/s
Milton Steakley. Will be 19 years of age 27 of next Feby. [X]
Jno C. Anderson s/s
DEPOSITIONS: Taken 4 Sept 1896, Wade Dyer's barn in 12th Dist., Jackson Co.
John Newman 59. Known Logan 13 years. Was gone from here 3 or 4 years. Went to Cumberland Mountain and then to Sequatchie Valley, came back here last spring a year ago. J. B. [his X mark] Newman
Joe Hamilton, 40. J. P. [X] Hamilton
Travis Vickers, age going on 29.
Richard Fairchild 27. Known L. R. Dyer 10 years. Part of that time was in White Co. and part in Sequatchie Valley. Know Dyer was distilling, don't know if he was mixed up with Rob Johnson. Rob Johnson was indicted in Federal court, and L. R. Dyer was a witness. Just talk, but some said L. R. Dyer swore a lie on Rob Johnson. Don't know if it's true. s/s W. R. Fairchild
Howard Ragland, age ?26 years. Known L. R. ten years, live within 2 miles of him. I am a son of Cullom Ragland.
Question: Is it not a fact that you have been discredited?
Answer: Yes, Sir.
Question [by L.R. Dyer]: Have you ever been restored?
Answer: Yes sir, by John Vantress, John Deckard, Wm Neiles. Howard [X] Ragland
J. B. Hudelston, live about a mile, known L. R. 18 months. s/s
J. B. Billingsley, age 36. Known L. R. all his life, live about a mile. s/s
Joseph Elrod age 55. Known 22 years, live 2 miles. Joseph [X] Elrod
John Steakly age 26. Live 1/4 mile. I heard hear [sic] today that he [L. R. Dyer] swore false against Rob Johnson. John [X] Steakly
Foregoing taken 4 Sept 1896.
AFFIDAVIT: D. W.Dyer, J. L. Halfacre, A. J. Lane. We are security on prosecution bond, Logan R. Dyer vs John Flatt and Larkin Johnson. They are hopelessly insolvent.
DEPOSITIONS [No date]:
Andy Pippin age 70. Know land. s/s Andrew Pipin
Larkin Johnson age 55. Davidson bought the land 14 years ago. I was raised on the place. I bought of Davidson and was in possession when the bill was filed. Ansel Davidson cut and used the timber while he owned it and I have cut and used timber, paid taxes, have receipts. Davidson and I owned it all together 14 years. s/s L. Johnson
Ansel Davidson 67. Am a party to the suit. Bought the land from George Dyer and paid him for it... owned about 14 years. Cut tract in two and sold part to Larkin Johnson. Rented out the part I sold to Johnson two years before selling, one year to Boyington and one year to Julian. Sold to Johnson 7 years ago. s/s Ansel Davidson
ANSWER: To Bill of Complaint of L. R. Flatt. Am owner of land by purchase from Eli P. Jackson who purchased from Ansel Davidson who purchased from Geo W. Dyer. Land in 12th Dist, Rush fork of Flynn's Creek. Begin at stake between Eli P. Jackson and Elmore Julian... Fuquay lives to Dyer's, south with Dyer's line to the ?road. 50 acres more or less.
DEPOSITION: George Dyer age 48, farmer, live Jackson Co. Sold part of my land in 12th Dist, Jackson Co. to Ansil Davidson on the dividing ridge between Martin & Flynn's Creeks. Sold 52 acres to Davidson beyond Shepherdsville Road next to Martin's Creek. 10-12 years ago, he paid for it. If L. R. Dyer owns any part of the land, I don't know it. I never sold him any. I never sold directly to defendant Flatt. I sold to my father and he sold to either my Brother or Brother in law, and they sold to Davidson. I made the deed to Davidson 15-20 years ago.
My father held land under deed from Elmore Covington & Dr. Johnson. I held it under a good deed from Peyton Terry. My father's deed got burned up in the court house. He was in peaceful possession 25 or 30 years.
The deed of Eli P. Johnson to John M. Flatt is dated 19 May 1888.
My deed to Ansel Davidson was written 5 or 6 years ago before my wife acknowledged it. She acknowledged it 3 or 4 years ago.
Wife had acknowledged one to L. R. Dyer before Ancil Davidson's deed. Said that was all she was going to acknowledge. 14 Sept 1895. G. W. [his X mark] Dyer
DEPOSITION: Elmore Julian, will be 38 on 25th day of November. Am a farmer, live in Jackson Co. Sarah Layne moved in to the house and Ansil Davidson brought suit against her and Logan R. Dyer. Believe Logan Dyer's team moved her out. No one else has lived there under Larkin Johnson except my sister and my mother.
L. D. Dyer was supposed to have moved in under his father Logan R. Dyer, but I couldn't state that. s/s E. Julian
BILL OF COMPLAINT: L. R. Dyer of Jackson Co. against S[?imeon] Pippin, Andy Pippin, Joe McHenry & ?Eleanor [possibly Elmore] Julian, all of Jackson Co. Orator is owner of property, being 50 acres. True that W. R. Dyer bought from Elmore Carrington. He has owned land since 8 June 1888. Defendants on January 1st 1898 took possession, asks they be removed.
DEPOSITION: George Dyer. Sold the land to my father upwards of 20 years ago, never made him a deed. When Ansell Davidson bought it, I made the deed to him. Father lived on it 5 or 6 years, he sold it to one of my brothers-in-law, he sold to one of my brothers, then my brother sold it Davidson. Never had been any deeds passed, so I made the deed to Davidson. G. W. [X] Dyre
DEPOSITION: Thomas Davidson. I am a son of Ansel Davidson. Went to look at land with Logan Dyer, he was thinking of buying it. This was after father bought it of George Dyer. s/s T. T. Davison
LAND GRANT: Entry made 21 Oct 1836, #2421 to Absolom Johnson for 5,000 acres. Grant 26 Jan 1839. South side of Cumberland River on Flynn's Creek... dividing ridge between Martin's Creek and Flynn's Creek, crossing Gainesboro Rd... southwest corner Draper's 5000 acres... north side of a hill on the waters of Rush Fork, then east with said tract crossing a branch... crossing the road above E. Jackson's... crossing branch of Flynn's Creek at some falls.
DEED: A. V. Lee and wife Mary Lee to Wm R. Dyer for $300 a tract of land, 150 acres, dividing ridge between Martin's Creek and Flynn's Creek, District 12, bounded... east corner of 50 acre tract that Wm R. Dyer bought of Elmore Carrington... running north with the Scantling tract, run east to ?Josinah P[water smear] north to Jefferson Johnson's, with said line to Thomas Davidson's south boundary line to Henry Jackson's south boundary line. 13 March 1875. s/s A. V. Lee, s/s Mary Lee
DEPOSITION: E. L. Jackson 71, live 12th Dist, have been county surveyor. Carrington land was part of Absolom Johnson's original grant. s/s E. L. Jackson
ADJOURNED: to March 15, 1904
BILL OF COMPLAINT: Logan R. Dyer against [blank] Anderson, Jones Chaffin, McFarland Pippin, J. W. Draper, T. J. Draper, B. J. Franklin & wife Elizabeth Franklin, J. A. Montgomery, A. J. Dudney & wife Nannie Dudney of Jackson Co., C. R. Ford & wife Henrietta Ford of Putnam Co., ?U. J. Cox of White Co., Jas Fitzgerald, Joseph Fitzgerald of the State of Texas, Thomas Kirkpatrick, John Kirkpatrick, Sallie Kirkpatrick of the State of Missouri, Jas Williamson, Sam Williamson of Smith Co. Complainant charges that he and defendant are joint owners of following tract in Jackson Co. on south side of Cumberland River, headwaters of Flynn's Creek, more fully described in Minute Docket U p. 549, 50 & 51, case of J. A. Montgomery, et al vs Logan R. Dyer et al, 2 June 1897, 276 acres more or less.
Complainant is owner of the interest of Mary J. Anderson, being 1/10 interest or share. Defendants herein are owners of remaining 9/10 as heirs at law of James Draper, deceased.
J. A. Montgomery who owns 1/10 interest has recently pretended to sell the whole of said tract. Defendants McFarland Pippin, Jones Chaffin and [blank] Anderson as pretended purchasers have fraudulently taken possession... cutting and shipping timber. Said land is not susceptible to partition among heirs.
Defendants James & Sam Williamson are minors without general guardians. 23 January 1899. s/s L. R. Dyer
DEPOSITIONS Early-mid June 1903:
W. H. Flatt 45, live 12th Dist, Jackson Co. Cultivated some land in the dungeon hollow 10-11 years ago. L. R. Dyer owned it. Defendants Joe McHenry & Elmore Carrington lived 1 - 11/4 mile. s/s W. H. Flatt
George Dyer age 54, live 12th Dist. My father first sold the land to Paton Terry & Albert Lee and I bought Terry out. Lee and Terry divided the land and made a conditional line. George [X] Dyer
L. D. Dyer age 40. I am a on of Complainant. Believe E. Carrington had a lawsuit against Ryal Dyer and others. s/s L. D. Cyer
D. D. Dyer age 37, 12th Dist. I am a son of complainant L. R. Dyer. My father bought the land somewhere about 1885 up. s/s D. D. Dyer
D. B. Flatt, will be 25 on 8 November next [1903]. Live 12th Dist. s/s D. B. Flatt
W. P. Vickers age 58, live Putnam C o., know parties. Carrington run the [survey] line in 1899. Those along were Jas Mchenry, Joe Mchenry, W. R. Johnson, Martin Hatfield (the surveyor), Wm S. Jackson, Lafayette Jackson and E. Carrington. W. P. [X] Vickers
Sarah E. Dyer age 55. Live on Gainesboro Rd. in Jackson Co. My husband is George Dyer. Complainant is my husband's uncle. Sarah E. [X] Dyer
John M. Flatt age 68, live 12th Dist. Helped my son Bill cultivate land in dispute. L. R. Dyer owned it. s/s J. M. Flatt
J. M. Vickers, will be 23 my next birthday. 1895 & 1896 lived with my father. Bill C. Jackson run the line for Sim Pippin. s/s J. M. Vickers
W. P. Vickers, cut a stump on the land for firewood, gate was open. Didn't notice condition of fences. W. P. [his X mark] Vickers
C. J. Vickers. I lived at come-handy 1895 or 1896. I do not know how old I was then. I will be 21 next birthday. My brother gave deposition in this case. I have a brother Isaac Vickers. C. J. [his X mark] Vickers
B. A. Julian, age 50. Testimony as to survey lines. s/s B. A. Julian
Elmore Julian. I bought land from Sim Pippin 23 Dec 1891. Signature of Simeon Pippin is genuine. Took a deed from him 2 July 1894. Sim Pippin's land is now occupied by Andrew Pippin. s/s E. Julian
Simeon Pippin age about 70. Albert Lee and Peyton Terry bought the land from W. R. Dyer, divided it and Lee sold his part, the Eastern half, back to W. R. Dyer. Andy Pippin is my brother. He has been my tenant. I ended up with the land by paying off a debt against it. Rube Whitson and I had taken notes. I bought Rube out Dec 26, 1879. Bill Tilley was living on it and said he'd pay for it if we let him stay, but he didn't pay. [Signed] Simeon Pippin
Jno Carrington, age 56. Live a little over a mile from land in dispute between L. R. Dyer and Joe McHenry. In 1871 Arch Carrington built a house on the land. He was Elmore Carrington's tenant. I signed the deed for Elmore Carrington, had permission "Elmore being unable to attend to this business and I and the J. M. Carington the Physition said Elmore had Paralysis at the time he could not use his hand".
Jasper Jackson lives on the Mansell tract of land. Don't know if Rob Johnson lives on the Goolsby place. s/s J. M. Carrington
Ancil Jackson, age 75 the month after next [August 1903]. Bought land from George Dyer, dividing ridge between Martin and Flynn's Creeks. Ancil [X] Jackson
A. C. Carrington, am a brother of E. Carrington, deceased. Have read lines and calls from Grant #12667 from State of Tennessee to Elmore Carrington dated August 30, 1871. Known land upwards of 25-30 years. I built a house at the mouth of dungeon hollow about 25-30 years ago, lived there 6-8 years, had 3 children born there.
Geo W. Dyer moved in after I moved out. He rented it from Elmore. Others who lived there were Ben Julian, Cam Harris, Jim Steakly, John J. Carington. A. C. [X] Carrington
Andrew Pippin age 77. Live on Sim Pippin's farm. Lived there 23 years the 6th day of last January. Held land by Sim Pippin's authority. He is my brother. Andrew [X] Pippin
James McHenry age 51, live 12th Dist, Jackson Co. Have known land since 1863. Deed by L. R. Dyer and his wife America Dyer to Leon and Mariah Dyer is dated 22 Sept 1888. s/s James McHenry
Joseph McHenry. I am a defendant, know land. Andrew Pippin moved there in 1880, lived there ever since.
Arch Carrington first occupied the house 3 or 4 years; G. W. Dyer next, one year; Joseph Harris next, maybe one year; Jim and John Steakley, don't know how long; Henry Vinson, don't know how long; Cam Harris one year. Uncle Andy always claimed to me that it was Sim's land. s/s Joseph McHenry.
A. V. Lee age 71, live 2nd District of Clay Co. Lived in Jackson Co. in real estate bought of W. R. Dyer. s/s A. V. Lee
END REEL #69.