Jackson Co., TN Loose District/Chancery Court Papers Reel #71
Ewing, A. - Ferrill, L. [E] Divorces

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

PETITION: Joshua Haile, attorney for A. G. Ewing states 25 January 1889 L. B. Hill was insolvent and all his property was held in the name of his wife. Hill's sawmill was levied on that date and was idle to 6 April the same year. Mill, wagons and team were levied on in the case of Mary C. Maxwell against L. B. Hill & others from the Chancery Court at Livingston, Overton Co., TN. Affiant Joshua Haile states he was placed in charge of the teams and wagons, not the mill and can prove this by Mary C. Gore, formerly Maxwell and by John Nichols who resides in the Indian Territory. Testimony of J. C. Hamilton, Alex Maxwell, Clark Fowler are material and they live in Clay, Overton and Putnam Cos. s/s Joshua Haile

NOTICE TO SHERIFF: September term 1899. The death of Joshua Haile, security for A. G. Ewing vs John A. Burris is suggested and admitted. George G. Haile is his Executor.

DEPOSITIONS 11 February 1898:

Robert Poston. Know A. G. Ewing, Jno M. Burris, L. B. Hill. Mill could saw 6000-8000 feet of lumber daily, $3 per 1000 feet for poplar, $4 per $1000 for oak. s/s W. R. Poston

E. E. Gibbons, worked for Hill, quit just before mill was attached. E. E. [X] Gibbons

J. P. Pryor, worked at the mill. Daily running expenses of the mill were $6.50 per day. Hill had many unfilled orders when it was attached. s/s J. P. Pryor

G. W. Lee, lawful age. I lived there on the Ike Gore place when mill was attached January 1889. I worked some at the mill, did not make a regular hand. Averaged sawing 6000 feet a day of oak and 8000-10,000 feet a day of poplar. When the mill was idle, Hill was damaged $10-$12 a day. s/s G. W. Lee

F. H. Lee, lived 200 yards from the mill. I worked at the mill, helped run off the lumber. s/s F. H. Lee

John M. Burris. I owned the mill something over 12 months. I lived within hearing of the mill and could hear the steam whistle. s/s J. M. Burris

DEPOSITIONS 14 March 1898, character witnesses favorable to L. B. Hill:

Mounce Bullington age 52, occupation farmer, live 9th District, Jackson Co. Know Hill, good character. Mounce G. [his X mark] Bullington

James Ramsey, farmer, 9th Dist., live about 1 1/2 mile from L. B. Hill. James [X] Ramsey

Noah Stewart age 49, farmer, 300 yards from Hill. s/s Noah Steward

Albert Rawley age 33, 1st District, farmer, known Hill 10 years, lived 300 yards from him for about a year, now live about one-half mile. s/s Albert Rawley

John Martin age 48, live 9th Dist. Live 1 1/2 mile from him about two years, before that lived 4-5 miles of him, known about 4 years. L. B. Hill of good character. Heard Jim L. Young say Maj. Hill's character was not exactly good. Ab Harly has been lawing Maj. Hill. John [his X mark] Martin

F. M. Loftis, will be 41 years in January, live 9th District, occupation farmer. Known L. B. Hill 15 years. Last four years lived within six miles, before that 10-20 miles away. He now lives at Spencer, about 30-40 miles away. Was within 2 1/4 miles when he had the mill.

William Hensley age 50, live 10th Dist., farmer. Known L. B. Hill 8-10 years, lived within four miles the last four years. Got acquainted with him here at Gainesboro. Heard Ab Harley say that he had acted a rascal about some lumber and he had a lawsuit and Harley was mad at Maj. Hill. Mr. Hill operated a saw mill near Mayfield a few years ago. s/s Wm Hensley

DEPOSITIONS 27 May 1895:

J. G. Stafford age 62. Was one of the hands who took two barges of lumber to Nashville, think in 1884. Went to Al Ewing's office and he sent a man to check the barges and Telephoned to his brother where to land the barges. Jonas G. [X] Stafford

George W. Birdwell age 55, live Jackson Co. on Jennings Creek, 13th Dist. Know Ewing, Burris & Hill. s/s G. M. Birdwell

M. L. Gore age 55, live Jackson Co., occupation farrier. Know Ewing, Burris & Hall, have dealt considerably in logs. My brother and myself in 1893 run something near 3000 logs. I first became acquainted with A. G. Ewing in May or June 1861 when I was in the war with him. [Rest missing - mlj].

LAST WILL & TESTAMENT OF WILLIAM G. ANDERSON [Typed Verbatim]

Know ye to whom it may Concern that I William G. Anderson on the 27th day of September one Thousand eight hundred and seventy three in the County of Jackson State of Tennessee beeing in my rite mind planter do make and publish my last Will and Testament first I direct that my Body bee Decently intered in a manner suitable to my condition In life as to my worldly Estate as it hath pleased god to Entrust me with I dispose of the same as follows First I will an bequeath to my Belovd Wife Sarah H. Anderson All my landed Estate during her natural life.

2 my property to be sold to pay my debts except my colt I will an bequeath to my grand son William H. Anderson

3 I will an bequeth to my wife S. H. Anderson so mutch of the money that my son John S. Anderson owes me for the land I sold him as She may need in her life time and the rest to be devided eqill among my children if my son John S. Anderson fails to pay for the land it to be sold at my beloved wife Sarah H. Anderson death by My administrator & I will an bequeath an apoint an make as my administrators & executors to attend to my affairs Allen Deatherage & N. K. Anderson my son & the above Administrators to pay all my debts

5th I also Will & Bequeath that at my wife death that my land be sold to the hiest bider & the money equally divided amongst my beloved children or heirs & that my beloved son Noah H. Anderson to take sepecial care of my wife his mother her lifetime for which I W. G. Anderson his father have compensated him & i will that my son N. K. Anderson does the best he can with my gran son Horace W. Anderson & try to get him to mind him and lern him to work and school him the best he can.

As before said at my wifes death all my land & property to bee sold & eqaly devided amongst my children except my son J. S. Anderson & my daughter Mary E. Cooper provided they pay for the land I sold them the rest of the children to first get as mutch asigned them in the land I sold them if they do not pay for the land it falls back to the estate & sold by my administrators & the would devided eqaly amongst all the children & I will & beqeath that my Administrators get an order or decree from the County Court to sell my land & property after my wifes death

I say there shall bee no divission in my estate until the death of my Beloved wife Sarah H. Anderson.

Signed dated an published in the presence of us who here has subscribed in the presence of the Testator & each other. William G. Anderson {Seal}

Wit: Allen Deatherage, Leander T. Smith, W. C. Mainard

SETTLEMENT: January term 1879, John M. Loftis, guardian of minor child Horace W. Anderson.

POWER OF ATTORNEY: Tippah County, Mississippi} We. W. W. Anderson, G. G. Anderson and F. E. Anderson and W. W. Anderson guardian to S. T. Anderson, J. D. Anderson, T. E. Anderson and A. G. Anderson, minors... appoint Elijah W. Terry of the County of Putnam, Tennessee to collect money due us as heirs of the Estate of Garland Anderson, deceased through our father James Anderson, deceased. 31 August 1874. [Signed] G. G. Anderson, F. E. Anderson, W. W. Anderson and W. W. Anderson, guardian to S. T. Anderson, J. D. Anderson, T. E. Anderson and A. G. Anderson, minors.

NOTICE: To E. W. Terry & M. A. Garrison, 2 May 1881... judgment against E. W. Terry as Principal and M. A. Garrison as Security... balance that will be due on note executed 8 December 1877 to me as Clerk & Special Commissioner in the case of W. J. Farmer, admr against John S. Anderson and others. 2 April 1881.

CASE HEARD: Darinda Gentry vs H. J. Harley. Being a non-jury case, came to be heard by Judge [Can't read], 1st Tuesday in August 1877. Defendant H. J. Harley was elected law clerk, gave bond & qualified. Executed bond for $10,000. Case then pending in court was a proceeding to sell the land of W. G. Anderson, deceased to pay debts. H. J. Harley appointed special commissioner to sell land. The sum received from sale was $1354.81, paid out $1104.75. Sum remained in his hands 7 March 1881 of $250.06, plus interest of $72.50.

H. J. Harley should have collected one note from G. W. Cooper of $74.25 as part of purchase price. Harley failed to do so, and is liable for said sum [Rest missing - mlj].

PETITION: H. J. Harley, makes exception to judgment charging him with money he did not collect. This was the responsibility of his successor, T. H. Butler. Petitioner is not liable.

NOTICE: To H. J. Harley, former clerk. We will move for judgment against you, case of W. J. Farmer & wife vs Darinda Gentry, W. S. Anderson, et al, heirs of W. G. Anderson, deceased, late of Jackson Co. Sums realized from sale of land of the Estate of said W. G. Anderson, deceased. Dated 2 Sept 1885. Signed by Wm Pickett, Attorney for Durenda Gentry, John Anderson and the other heirs of W. G. Anderson, decd

COMPLAINANTS: Darinda Gentry, Thomas Gentry, W. J. Farmer and his wife Sarah M. Farmer, Elvira Anderson, James E. Anderson, John S. Anderson, M. E. Cooper and her husband G. W. Cooper, N. K. Anderson and Nancy Burris & her husband John Burris

Versus

DEFENDANTS: H. J. Harley, James W. Stafford, J. M. Johnson, J. H. Loftis, W. T. Bennatt, James F. Anderson, J. C. Ray, John H. Dycus & A. B. Denton.

Motion for judgment against defendants, money collected by H. J. Harley, former Clerk in the case of W. J. Farmer against Darinda Gentry & others in a proceeding to sell real estate of Wm Anderson, deceased.

SETTLEMENT: With W. J. Farmer, Administrator, estate of W. G. Anderson, deceased. 1st Monday in December 1872 [sic; will dated 1873, other testimony stated Anderson died 1873 - mlj]. Inventory of personal property included paid notes from W. J. Maberry, J. H. Stone, G. W. Cooper, A. H. Morgan, W. G. Butler, N. K. Anderson, L. Jackson, D. W. Haws.

DEPOSITION 4 September 1878:

W. J. Farmer, age 45. Am the administrator of W. G. Anderson, deceased. Have vouchers in my possession from J. W. Settle to W. G. Anderson, Admr of J. R. Anderson dated Jany 6th, 1862.

Receipt from Kinnaird & Bransford to W. G. Anderson dated 6 Jan 1862.

Receipt from William Hix to W. G. Anderson dated 5 Nov 1862.

Receipt from Jones [?Jonas] R. Anderson to Ruf Allen dated 21 August 1858 due 12 months after date with a credit marked 19 July 1859.

One account or memorandum of account with Kirkpatrick & Washburn by Jonas R. Anderson... tax receipt.

Receipt from J. L. Mahanay to W. G. Anderson as Admr of J. R. Anderson for the cost in the case of W. G. Anderson, Admr vs B. P. McClelland and E. C. Stamps dated 20 Jan 1871.

I found these among papers of W. G. Anderson.

Question: Did not J. R. Anderson pay off some of the debt in his lifetime?

Answer: I do not know who paid them off. s/s W. J. Farmer

NOTICE TO: Darinda Gentry, J. E. Anderson, John Anderson, Pop [sic] Cooper, Byancy Burris, Harris Anderson, Elvira Anderson... I will make settlement with W. J. Farmer, Admr, estate W. G. Anderson, decd 1st Monday in December 1875. 20 Nov 1875. s/s H. Y. Harley, Co. Court Clerk.

CLERK & MASTER'S REPORT: Case of H. W. Anderson by guardian J. M. Loftis vs W. J. Farmer, as Administrator of W. G. Anderson.

W. G. Anderson died in 1873. J. M. Loftis was appointed general guardian of Complainant [H. W. Anderson]. W. J. Farmer was administrator of W. G. Anderson, deceased. His testator [W. G. Anderson] was appointed guardian of complainant [H. W. Anderson] some time after 1868.

W. G. Anderson was Administrator of J. R. Anderson, deceased. Don't know what funds went into W. G. Anderson's hands as such administrator. Nothing is now due from said estate to H. W. Anderson. September term 1878.

NOTICE TO: E. E. Anderson, D. C. Gentry, George Cooper & wife Poly [sic] Cooper, S. M. Farmer, J. M. Loftis, guardian to Harris Anderson, John Burris & wife Brancy Burris.

Will make settlement with W. J. Farmer, Administrator, estate of W. G. Anderson, 1st Monday in October, 1879.

CAUSE HEARD 7 January 1878, W. J. Farmer & wife Sarah Farmer vs:

Dorrinda Gentry & husband Thomas Gentry, Elvira Anderson, James E. Anderson, John S. Anderson, M. E. Cooper & husband George Cooper, H. W. Anderson, Nancy Burris & husband John Burris, and John M. Loftis, guardian of H. W. Anderson.

REPORT OF SALE OF LAND [Plat map of land filmed]:

Lot 1 purchased by G. W. Cooper, $165 being 50 acres.

Lot 2 purchased by Miles Anderson $160 being 80 acres, executed note with B. P. Anderson security.

Lot 3 purchased by Stanton Maberry [Rest missing, but plat map indicated 138 acres].

Lot 4 [Plat map indicated 127 acres].

DEPOSITION 3 March 1879: W. J. Farmer, lawful age. Am administrator of W. G. Anderson, deceased...my wife as an heir of W. G. Anderson... s/s W. J. Farmer

DEPOSITIONS 5 June through 14 June 1888:

J. H. Chaffin age 43, farmer, former county court clerk. s/s J. H. Chaffin

J. W. Draper, former county court clerk. s/s J. W. Draper

Thomas H. Butler, former county court clerk. s/s Thomas H. Butler

George W. Cooper. Bought some of W. G. Anderson's land, about 50 acres for $165. Paid $16.50 cash, gave notes for balance. Paid $75 since.

Stanton Maberry, bought, was to pay $330.25. My father Jesse Mabury gave his notes to H. F. Harley and I gave my notes to my father. s/s Stanton Maberry

Jesse Mayberry, lawful age. Don't know number of acres. Paid notes off early to cut interest... my son Stanton Mabery. Jesse [his X mark] Maberry

Miles Anderson, am age 58. I bought $160 worth of the Anderson lands, signed notes. M. W. [his X mark] Anderson

DEPOSITIONS 29 June 1888:

E. W. Terry age 65. Bought $675 of Anderson land, think I paid $65 down and signed notes. Have receipts for payments. E. W. [his X mark] Terry

H. J. Harley [no age] states G. W. Cooper bought Lot 1 for $165; Lot 2 Miles Anderson for $160; Lot 3 Stanton Mayberry $330.25; Lot 4 E. W. Terry $675. s/s H. J. Harley

ANSWER: W. J. Farmer, Admr of W. G. Anderson, deceased to Bill of Complaint of John M. Loftis as general guardian of H. W. Anderson. Jonas Anderson departed life intestate November 1859 leaving Complainant H. W. Anderson and D. B. Buris his only heirs. W. G. Anderson appointed Admr of his estate December term 1859. Court house burned, papers lost [Civil War fire - mlj]. [Blank] 1868 W. G. Anderson made final settlement as general guardian of H. W. Anderson. W. G. Anderson died, J. M. Loftis was appointed guardian of H. W. Anderson.

Inventory & sale bill of said Jonas Anderson amounted to about $767... some could not be collected, parties insolvent because of the late unpleasantness [Civil War]. W. G. Anderson paid of Jonas Anderson's debts of about $600, to wit:

Sally Anderson, notes for $59 and $10.90; Dr. Finley $125; W. R. Kinner $185; Dr. Fain $43, G. M. Putty $5, Toliver Kirkpatrick $105; for burial cloathes [sic] to [blank] Cray $15.00; to William Hix proven account $550; taxes for year 1859 $0.80 [or $6.80]; Kirkpatrick & Washburn 1859, $10.88 and note of J. W. Settle with interest $52.40; to Rufus Allen guardian &c $3 or $4; costs in case of G. W. Anderson vs B. P. McClelland & E. C. Stamps. Also note executed by Jonas Anderson to J. J. Brown and by him transferred to said Kinnard & Bransford of $74.23. Also [blank] to D. B. Burris who was joint heir with H. W. Anderson. 13 Feby 1878. s/s W. J. Farmer

DEPOSITIONS 9 August 1867 of Daniel M. Morgan, Laborn Loftis and Jesse Maberry, cause of Wm G. Anderson & others vs Edward R. Anderson & others:

D. M. Morgan, know lands and several heirs of Garland Anderson, deceased to wit

William G. Anderson

Edward R. Anderson

Horratio Anderson

Thos Shirly Anderson

Katharine Anderson who married Kuykendall

Polly Anderson who married A. D. Loveall

Martha Anderson who married Cooper

Sarah Anderson who married E. W. Terry

James Anderson was a son of said Garland Anderson deceased.

I understand Sarah Anderson is dead and left several children. James Anderson is dead and left several children. I understand Edward R. Anderson is dead and left several children. I understand Martha Cooper is dead and left several children. I believe it is in the best interest of the heirs especially minor children to sell land and distribute money. s/s Danl M. Morgan

Laborn Loftis, read Morgan's deposition, adopt same. s/s Laborn Loftis

Jesse Mabery, ditto - plus "There's a good dwelling house, apple orchard, fences good repair." Jessie [his X mark] Mayberry

AMENDED BILL OF COMPLAINT: William G. Anderson, Thomas Anderson, Noah Kuykendall and [blank] Cooper state on 1 August 1866 they filed Bill of Complaint against Edward R. Anderson, Celina Compton, John Compton, Mary Yarberry, Newton Yarberry, Lafayette Anderson, Louisa Anderson, Elsetta Anderson, Jane Anderson, Garland Anderson, Logan Anderson, Sarah Anderson, Pinkney Anderson, Louisa Cooper, Sarah Cooper, Mary Cooper, John Cooper, Garland Cooper and George Cooper, William Anderson, George Anderson, Jesse Anderson, Francis Anderson, Sarah Anderson and [blank] Anderson and Mary or Polly Loveall, Elizabeth Terry, Katherine Terry, Julia Ann Terry, Rosetta Terry, James Terry, William L. Terry, Jesse Terry and Elsettie Terry alleging the death of Garland Anderson and his widow Sarah Anderson. Complainants and defendants named in said bill are his only heirs at law. Asking land of which he died seized and possessed be sold and proceeds distributed to heirs. Orators learned since filing their original bill that Edward R. Anderson, a son of Garland Anderson is dead. Whether he died before or since filing they are not positive.

Edward R. Anderson left several children, to wit Garland Anderson, John Anderson, Sallie Ann Anderson who intermarried with [blank] Overton, James Anderson, Jane Anderson, Martha Anderson who intermarried with John M. Johnson, Miles Anderson, Francis Anderson, Calvin Anderson, and Joshua Anderson, all residents of Hardeman Co., TN except Sallie Ann and her husband [blank] Overton who are residents of Arkansas - the others however may be non-residents - Francis Anderson, Calvin Anderson and Joshua Anderson are minors and have no regular guardian.

Ask that children of Edward Anderson be made defendants. 10 April 1867.

BILL OF COMPLAINT: William G. Anderson of Jackson Co., Tennessee, Thomas S. Anderson of Overton Co., Noah Kuykendall and wife Katherine of Putnam Co. and George Cooper of Jackson Co. Tennessee and wife against

Edward R. Anderson, a citizen of Hardeman Co., TN,

[Note: Next group marked in margin as "Heirs of Horratio Anderson, deceased" - mlj]:

Celina Compton and her husband John Compton, Mary Yarberry and her husband Newton Yarberry, Lafayette Anderson, Louisa Anderson, Elsetta Anderson, Jane Anderson, Garland Anderson, Logan Anderson, Sarah Anderson, Pinkney Anderson citizens of [smear; ?Carroll County] Tennessee and may be non residents of Tennessee

[Note: Next group marked in margin as "Heirs of Martha Cooper, deceased" - mlj]:

Louisa Cooper, Mary Cooper, John Cooper, Garland Cooper, Sara Cooper all residents of Carrol County, Tennessee and may be non residents of Tennessee

[Note: Next group marked in margin as "Heirs of James Anderson, deceased" - mlj]:

William Anderson, George Anderson, Thos Anderson, Francis Anderson, Sarah Anderson and some three others names not known all the heirs at law of James Anderson deceased - Residence Tipah [sic] County State of Mississippi

[Next may/may not be heir of James; was on next page, not indicated in margin - mlj]:

and Mary or Polly Loveall a citizen of the State of Arkansas defendants.

... Garland Anderson died intestate in Jackson County, Tennessee in the year [blank] his widow Sarah Anderson also died intestate in Jackson County, Tennessee. Said Garland Anderson deceased has the following legal heirs (to wit) Complainants Wm G. Anderson, Thomas S. Anderson, Katherine who intermarried with complt Noah Kuykendall and defts Edward E. Anderson and Mary Loveall who intermarried with Aaron D. Loveall who is dead his only living children.

Defendants Louisa, Mary, John, Garland, Sarah and George Cooper and complainant [blank] Cooper his grand children and children of his deceased daughter Martha who intermarried with William Cooper.

Defendants Elizabeth Terry, Katharine Terry, Julianne Terry, Rosette Terry, James Terry, William L. Terry, Jesse Terry and Elsetta Terry who are all minors residents of Putnam County and have no regular guardian his grandchildren and children of his deceased daughter Sarah who intermarried with Elijah W. Terry are not named as defendants in the caption but are now so named and asked to be made defts.

Defendants William Anderson, George Anderson, Jesse Anderson Francis Anderson, Sarah Anderson, [blank] Anderson all the heirs at law of James Anderson deceased, his [W. G. Anderson's] grandchildren and children of his deceased son James Anderson - are minors as Complainants believe and have no regular guardian known to them.

Celina who intermarried with John Compton, Mary who intermarried with Newton Yarberry, Lafayette, Louisa, Elvetta [or Elsetta], Jane, Garland, Logan, Sarah & Pinkney Anderson are his grandchildren and children of his deceased son Horratio Anderson are all minors except Celina and Mary as complainants believe and have no regular guardian known to them. [Follows is land description, Dist. 9 on waters of Blackburn's fork]. 1 August 1866. Denton & Washburn, Sol.

DEPOSITIONS 9 August 1878: Cause of H. W. Anderson by J. M. Loftis vs W. J. Farmer, Admr of W. G. Anderson. Order of reference Minute Docket 'H' page 525, made March term 1878.

John L. Jacquess age 42. Knew J. R. Anderson and W. G. Anderson in their lifetime. Knew J. R. Anderson from 1851 to his death in 1859. Lived about 15 miles from J. R. Anderson at his death.

Question: Did not J. R. Anderson and his wife die about the same time after a long and protracted illness?

Answer: Died about the same time, don't recall length of illness.

Question: State the age of Complainant H. W. Anderson and his sister when their parents died.

Answer: Don't recall ages, they were small. Billy Anderson taken them and raised them. John ?L./S. [his X mark] Jacquess

Jessie Maberry [no age given]. Knew Jonas R. Anderson in his lifetime, lived 2 1/2 - 3 miles from him at his death. I understand Dr. Kinner, Benjamin Chapman, Daniel Johnson were securities for W. G. Anderson's administration bond.

Question: State if there was a great deal of sickness... if his child, his wife and himself were not confined for a considerable length of time at large [medical] expense.

Answer: Were considerable sick, don't know about expense. J. R. Anderson had two children at death. W. G. Anderson took them to his house. One married before the death of W. G. Anderson.

William Lacy about 65. Knew Jonas R. Anderson about 15 years before his death. Lived about 4 miles from him. Jonas R. Anderson was my son in law. At J. R. Anderson's death, oldest child four and the other about eight months. W. G. Anderson kept the children until the girl married. The complainant Harris [Horace - mlj] was the younger of the two children. B. P. McClelland purchased some property at the sale and the debt was never collected. s/s William Lacy

John M. Loftis, about age 45. Only money came to hand of H. W. Anderson was $36.72 from W. J. Farmer on 16 Feby 1871. s/s John M. Loftis

James W. Stults age 42. Was at sale of property of Jonas R. Anderson. s/s J. W. Stults

BILL OF COMPLAINT: H. W. Anderson by guardian John M. Loftis, both of Jackson Co., Tennessee against W. J. Farmer, Admr of W. G. Anderson. Jonas Anderson departed life intestate in Jackson Co. many years ago... Orator then age six months and a sister were his only heirs. W. G. Anderson was appointed administrator of their father's estate. W. G. Anderson died in 1873.

REQUEST FOR GUARDIANSHIP: Tippah County, Mississippi} J. D. Anderson, S. F. Anderson, T. E. Anderson and A. G. Anderson, minor heirs of James Anderson, late of Tippah Co., have an interest in their grand father's estate (Garland Anderson late of the State of Tennessee, deceased). Asks letters of guardianship be granted to him. 14 July 1873. s/s W. W. Anderson

NOTICE 4 April 1874 to:

James E. Anderson, John S. Anderson, Alvira Anderson, Dorinda Mainard, Emeline Sims, George Cooper, Polly Cooper, W. S. Anderson, John Burris, Nancy Burris, Horace Anderson, Jasper Farmer, Sarah Farmer, appear 2 May next, settlement with Allen Deathrage, Estate of W. G. Anderson, deceased. 4 April 1874.

ACKNOWLEDGE SERVICE [Blank] 1874 of A. Deathrage, Executor to W. G. Anderson [Following signed]:

John Buroughs, Biancy Buroughs

W. S. Anderson

W. H. Anderson

W. J. Farmer, S. M. Farmer

J. E. Anderson

J. S. Anderson

Thomas G. Gentry, D. C. Gentry

Elvira Anderson

T. P. Sims, M. E. Sims

G. W. Cooper, M. E. Cooper

CAUSE HEARD 1 January 1878 of W. J. Farmer & wife Sarah M. vs Darrinda Gentry and husband Thomas, Elvira Anderson, James E. Anderson, John S. Anderson, M. E. Cooper and husband G. W. Cooper, H. W. Anderson, Viancy Burris and her husband John Burris and John M. Loftis, guardian of H. W. Anderson. W. G. Anderson property to be sold to highest bidder.

PETITION: W. J. Farmer and wife Sarah Farmer against Dorindy Gentry and husband Thomas Gentry, Elviry Anderson, James E. Anderson, John S. Anderson, M. E. Cooper and husband G. W. Cooper, H. W. Anderson, Viancy Burris and her husband John Burris, John M. Loftis, all of Jackson Co. except James E. Anderson of Putnam Co., N. K. Anderson also of Putnam Co., W. S. Anderson of Clay Co. and Parrish Simms and wife M. E. Simms, State of Missouri.

W. G. Anderson died in Jackson Co., Tennessee 1873. Only living children are Sarah M. Farmer, Dorindy Gentry, Elviry Anderson, James E. Anderson, John S. Anderson, M. E. Cooper, N. K. Anderson, W. S. Anderson and M. E. Simms.

H. W. Anderson and Viancy Burris are grand children and children of a deceased son [Jonas R. Anderson - mlj]. Widow is Sarah H. Anderson. H. W. Anderson is a minor and John M. Loftis is his guardian.

W. G. Anderson died seized and possessed of land in District 10, Blackburns fork, bounded by land of Peyton Anderson, G. W. Cooper, Miles Anderson.

Tract 2, same district, bounded by G. W. Cooper, Miles Anderson, Logan Maberry and others.

Tract 3, same district, adjacent land of G. W. Cooper, George Brinley and others.

Tract 4, same district, bounded by land of Elijah Terry, Jesse Maberry, Peyton Anderson and others.

Last mentioned tract in lifetime of W. G. Anderson was sold to defendants G. W. Cooper and John S. Anderson, who declined to pay purchase price, and same now belongs to the W. G. Anderson estate.

Sarah Anderson, widow of W. G. Anderson is now dead. Allen Deathrage and N. K. Anderson appointed executors [of W. G. Anderson - mlj]. N. K. Anderson refused to give bond, Deathrage resigned and W. J. Farmer is now Administrator. 1 Oct 1877.

CAUSE HEARD [blank] February 1869. William G. Anderson, Thomas S. Anderson, Noah Kuykendall and wife Katherine Kuykendall and George Cooper [wife Mary "Polly" E. - mlj] vs

Edward R. Anderson, Celina Compton and her husband John Compton, Mary Yarberry and her husband Newton Yarberry, Lafayette Anderson, Louisa Anderson, Elvira Anderson, Jane Anderson, Garland Anderson, Logan Anderson, Sarah Anderson, Pinkney Anderson, Louisa Cooper, Mary Cooper, John Cooper, Garland Cooper, Sarah Cooper, William Anderson, George Anderson, Jessie Anderson, Francis Anderson, Sarah Anderson, [blank] Anderson, [blank] Anderson, [blank] Anderson, Mary Loveall, Elizabeth Terry, Katharine Terry, Julia Ann Terry, Rosetta Terry, James Terry, William ?L. Terry, Jesse Terry, Elsetta Terry, Garland Anderson, John Anderson, Sallie Ann Overton and her husband [blank] Overton, James Anderson, Jane Anderson, Martha Johnson and her husband John M. Johnson, Miles Anderson, Francis Anderson, Calvin Anderson and Joshua Anderson. Report of sale of land of Garland Anderson confirmed. Title to said land [metes and bounds using trees, etc. as boundaries - mlj] to be vested out of Complainants and Defendants and in to purchasers. After paying cost of sale including survey, reasonable fee of solicitors and John L. Washburn guardian ad litem for the minors in the cause... heirs of Garland Anderson deceased paying to each living child one ninth part of said fund.

To Complainant William G. Anderson one ninth.

To Thomas S. Anderson one ninth.

To Katherine Kuykendall one ninth.

To defendant Mary Loveall one ninth.

To defendants grand children of said Garland Anderson deceased and children of his deceased daughter Sarah Terry to wit Elizabeth Terry, Katherine Terry, Juliann Terry, Rosetta Terry, James Terry, Wm Terry, Jesse Terry and Elsetta Terry one ninth to be equally divided between them.

To his grand children the children of Edward R. Anderson one ninth to be equally divided them as follows to wit: Garland Anderson, John Anderson, Sallie Ann Overton, James Anderson, Jesse Anderson, Martha Johnson, Miles Anderson, Francis Anderson, Calvin Anderson and Joshua Anderson.

To his grand children, children of his deceased daughter Martha Cooper to wit George Cooper, Louisa Cooper, Mary Cooper, John Cooper, Garland Cooper and Sarah Cooper one ninth to be equally divided between them and

To his grand children, children of his deceased son Horatio Anderson to wit, Celina Compton, Mary Yarberry, Lafayette Anderson, Louisa Anderson, Elsetta Anderson, Jane Anderson, Garland Anderson, Logan Anderson, Sarah Anderson and Pinkney Anderson one ninth to be equally divided between them and

To his grand children, children of his deceased son James Anderson one ninth to be equally divided between them and whose names are as follow William Anderson, George Anderson, Jesse Anderson, Francis Anderson Sarah Anderson and two or three others names not known.

The Clerk & Master will ascertain the number and names of the children of Sarah Terry, James Anderson, Edward R. Anderson, Martha Cooper, Horatio Anderson and pay to them their distributional share of said each set of them being entitled to one ninth part of said fund.

DEPOSITION 23 August 1878.

Elvira Anderson [no age given]. I was a sister of Jonas R. Anderson and a daughter of W. G. Anderson. I was at the residence of J. R. Anderson when he died. He, his wife and daughter were all confined. His daughter was just beginning to sit up when her parents died. There was only three days between the death of him and his wife. Jonas and his wife was sick nine weeks and his daughter about two months. They each had Typhoid Fever. Byancy was about four years old. Horace was about six months old. Both were small. The girl could just set alone. W. G. Anderson took care of them. Elvira [her X mark] Anderson

James Anderson [no age]. The girl I think was about age three and the boy six months. s/s James Anderson [Notation: "Witness lives in Putnam County" - mlj].

Sarah Farmer [no age]. Agree with Elvira Anderson's deposition. s/s S. M. Farmer

[NOTE: More on this family on Reel #107, Quarles vs McKinley, includes Last Will & Testament, doesn't mention children several children born after will written - mlj].

BILLS & CROSS-BILLS:

B. J. Farmer, Administrator of D. J. Shephard, deceased vs

T. C. McKinley, Admistrator &c of W. C. McKinley, deceased and others and

J. D. McKinley vs T. C. McKinley, Administrator

DEPOSITIONS 8 August 1881 at residence of T. C. McKinley in Jackson County of Mrs. D. C. McKinley, D. S. McKinley, J. M. Williamson, W. H. Ragland:

Darthula McKinley states is widow of M. C. McKinley, deceased. James D. McKinley was appointed guardian of M. C. McKinley about the last of 1869 until his death. The croper [sic; share-cropper - mlj] came on the place in 1869. He got one-third, stayed about three years.

J. D. McKinley was the son of M. C. McKinley and lived near him. My son David worked on the farm during guardianship in 1872 but not in 1873.

Question: Did M. C. McKinley speak of having James Hargis appointed guardian in the presence of J. C. McKinley?...

Answer: It was before said appointment in the presence of Jim, Tom and their father. James said if outsiders were appointed they would eat the Estate up. He said he would manage it for nothing.

J. D. McKinley bought sugar and coffee for the family at Nashville. I made the regular purchases. The family consisted of one old Negro Aunt Priss, myself and husband, my son Henry born 1852, David born 1853, and daughters Ema born 1856 and Ida born 1858. Miss Goodall lived with us. She came to live with us before Mr. McKinley got sick. She was brought here by him to assist me in my bad health so my children could attend school.

I rented him [J. D. McKinley] land. I supposed I was entitled to Dower and rented what I supposed to be my dower. It has since been laid off.

Cross-Examined by J. D. McKinley: Was the contract about the negro man and his sons made by you before James D. McKinley was appointed guardian?

Answer: It was. After James D. was appointed he took every thing in his hands as guardian. Their names were Toney Smith and his sons Fred, Henry and Wis. Toney is dead.

Question: Did J. D. McKinley make trips to courts to attend to the suits of his father?

Answer: He had a suit with Condit at Carthage, a Bank suit and a suit with Shepherd's administrator, one with White Myres, one with James McClarin and Graham's heirs. I know the Graham suit was long standing.

I bought goods for the family from Mr. Cooper, Mr. W. H. Ragland and Mr. H. B. Clark.

I have lived here four years since my husband died and made four crops and had possession of part of it. James D. McKinley taken possession after me - the part I had, then T. C. McKinley, and he holds to this day. I had possession of the land north of the road from Granville to Gainesboro, cultivated some on the south side of the road.

Since the death of his father, Thomas C. McKinley occupied all the land except what I held. He lived there except after he was married lived in Rutherford Co. in 1867. He married in October, 1865. He has six children, don't recollect ages. The oldest was born November 22, 1869.

I was unwell and got him [Thomas C. McKinley] to go to Gainesboro and get a writ of possession for land I claimed as dower.

Rented the land to James D. McKinley in 1878 and 1879, took notes. On the first note, I got a judgment before Esqr Hargis, but the others in my son David's hands.

Do not know where the bill of sale for two slaves from Matthew C. McKinley to J. D. McKinley is, may can find it. Believe it's at Layton Ferrell's with some papers I have or it may be in Williamson County with papers I have there. I gave it to Judge Quarles in July 1873 and after Judge Quarles died, his son sent it to me by T. C. McKinley. It's about three miles from Layton Ferrill's to Thos C. McKinley.

Question: James D. McKinley is a stepson of yours, is he not?

Answer: Yes sir.

Question: David, Henry, Emma and Ida are your own children are they?

Answer: Yes sir.

Question: James and Thomas are not full brothers are they?

Answer: No sir.

T. C. McKinley in 1868 was sick of Typhoid fever and made no crop that year. I was on the place most of the time, would see him giving the hands directions [This could refer to James D. McKinley - mlj].

I visited my father at Carthage a few times and went to Nashville. s/s D. C. McKinley

J. M. Williamson [no age]. Live about 2 1/2 miles from the McKinley place. Know J. D. McKinley, T. C. McKinley, D. C. McKinley and knew M. C. McKinley. Believe J. D. McKinley was appointed guardian of M. C. McKinley and served to M. C. McKinley's death. s/s J. M. Williamson

David S. McKinley, age 28. I am a son of M. C. McKinley, deceased. I was not here from January to about 20 June 1873.

Question: Did you have any other brothers who worked on said farm with you?

Answer: I had one brother Henry McKinley and also Jim McKinley worked with me one year.

Ned Apple did most of our blacksmith work while J. D. McKinley was guardian. I was raised on the M. C. McKinley farm. Henry went to Texas I think in 1870, did not return until after father died. Believe he worked on the farm in 1869.

I worked on J. D. McKinley's farm one year when he was seeing to estate. Was worming and sucering [suckering] tobacco. Also a negro named Jim Morgan.

Question: Did your mother go to Laton Ferrell's to reside first of 1878?

Answer: Think it was about that time. Thomas C. McKinley moved in the mansion house about 1881, still lives there. He rented out the house on his farm and part of the land to Taylor Maddox.

I started to Texas from here 28 January 1878, returned about 21 May 1880. My father's tract joins the land of George McKinley on the south. My mother Mrs. Darthula McKinley is about age 60 or 61.

I think brother Henry left for Texas the same year T. C. McKinley moved up on the place where Taylor Maddox now lives. James D. McKinley and Taylor Maddox made a crop in the clover field. I remember one year before my father's death his brothering [sic] law Tom Maddox hope [helped] him plow in some wheat.

Question: Are your feelings toward James D. McKinley as kindly as they are toward Thomas and your other brothers and sisters?

Answer: No sir, I can't say they are. I suppose though they are about as kind toward him as his is toward us.

Question: Have David and your mother been staying at Tom McKinley's and have they been talking about the case?

Answer: They have been staying at Tom's since Monday, and talked some about the case but haven't gotten up any program of testimony. s/s D. S. McKinley

W. H. Ragland age 38. Known McKinley and family about 15 years, live about one mile from them. Live about 3/4 mile from James D. McKinley. s/s W. H. Ragland

BILL OF COMPLAINT: James Whitworth, Executor of James W. McHenry, deceased of Davidson Co., against

Thomas C. McKinley, Administrator of M. C. McKinley, deceased, J. D. McKinley, G. W. McKinley, Emma J. Ferrell and her husband L. D. Ferrell, R. A. Cox, J. M. Morgan, G. H. Morgan of Jackson Co.; Jennie McClarin & husband James McClarin, Jennie Applie and husband W. Apple, [blank] Condit and B. H. Clark of Smith Co.; Alla J. [or I] McKinley of Williamson Co.; James Thompson, William Thompson, R. L. Thompson, B. Thompson of Putnam Co.; Henry B. McKinley & David F. McKinley of Texas.

James W. McHenry departed life in Davidson Co. 21 Sept 1876 having made his Last Will & Testament. Oratrix [sic] was appointed administrator, qualified and gave bond in Davidson Co.

12 May 1873, J. D. McKinley who was guardian of the person and estate of M. C. McKinley, deceased, who had been declared a lunatic and of unsound mind, executed to James W. McHenry his note as such guardian for $225 for legal services and advice. M. C. McKinley was a party, was to benefit of his estate, remains unpaid.

Shortly after execution of said note, M. C. McKinley died and deft Thomas C. McKinley

at October term of County Court, Jackson County in 1873 was appointed Administrator and gave bond. 2 May 1874, insolvency of estate was suggested. T. C. McKinley failed to wind up estate.

B. J. Farrar, Administrator of D. G. Shepherd, deceased, on 2 December 1878 filed a bill to transfer case to Chancery to wind it up under insolvency laws, against T. C. McKinley, Administrator and other creditors and heirs.

Debts owed to Complainant were admitted as just by T. C. McKinley. However, due to absence at March term 1882 due to illness of his wife, Complainant's attorney John W. Wright who lives at Livingston 24 miles away, these debts were not included as a claim. Said Administrator fraudulently caused exceptions to be filed and disallowed Comp'ts claims.

Land of Matthew C. McKinley was ordered and has been sold for sum of $2500. Together with personal assets, will not be sufficient to pay over 40-50 Cents on the Dollar. Asks this be filed as bill of Review.

AFFIDAVIT: 14 December 1880, J. D. McKinley makes oath defendant Ida McKinley has intermarried with William Boyd since these suits began, asks Boyd be made a defendant. s/s J. C. McKinley

LAND EXCLUDED FROM SALE: Tract of land excluded herein in favor of George W. McKinley covered by his deed on file founded as follows: Begin north boundary line of T. J. Lee's land... southeast corner of A. Cannot tract, north with said Cannon tract to top of ridge between the dry fork & the Murray's branch... continue with meanders of ridge... boundary of Elizabeth Holoman and T. J. Lee whereon Geo W. McKinley lives, conveyed by deed 20 March 1871 by M. C. McKinley. A. A. Swope & R. A. Cox claim a lien in this tract for reasonable fees as Solicitors for Geo. W. McKinney.

CROSS-BILL: J. D. McKinley filed for purpose of enjoining D. C. McKinley from collecting on notes. In order to procure injunction, F. M. Smartt and G. W. Tittle signed as security for J. D. McKinley.

PETITION OR BILL OF COMPLAINT: John S. Quarles, Executor of Last Will & Testament of James T. Quarles, deceased against

Thomas C. McKinley, Administrator of M. C. McKinley, deceased, J. D. McKinley, G. W. McKinley, Emma J. Ferrill and her husband L. D. Ferrill, Darthula McKinley, Alice J. McKinley, Ida Boyd and her husband Wm Boyd, R. A. Cox, J. M. Morgan, G. H. Morgan of Jackson Co., TN; Jennie McClarin and her husband James McClarin, Jennie Apple and her husband W. Apple and [blank] Condit and B. H. Clark of Smith Co., TN; Alla J. [or I.] McKinley, James Thompson, William Thompson, R. L. Thompson, John B. Thompson of Putnam Co.; H. B. McKinley, David F. McKinley and James Whitworth, Executor of James W. McKinley, deceased.

Matthew C. McKinley in his lifetime became indebted to James T. Quarles, notes due May 1874. After notes were filed, James T. Quarles died. At the time the trial was held, Petitioner was not in attendance being about on business in the State of Texas. Asks this be bill of Review. It is unjust to be deprived of payment. 26 March 1883.

DEPOSITIONS 23 July 1881:

W. H. Ragland, sold goods to Mrs. McKinley for use of the family. s/s W. H. Ragland

J. M. Williamson age 37. Was a J. P. at the time judgments of W. H. Ragland obtained of W. H. Ragland against J. D. McKinley, guardian. J. H. Young had a debt against Hogin Stanton and McKinley of between $2,000-$3,000. s/s J. M. Williamson

James Hargis age 44. Is acquainted with M. C. McKinley lands outside widow's dower occupied and controlled by T. C. McKinley since his father's death. s/s Jas Hargis

Winbin Goodpasture. Decline to testify. Got information from T. C. McKinley as Enumerator of Census and took oath as a United States officer not to testify as to any information I may obtain in that capacity. s/s W. A. Goodpasture

DEPOSITIONS 30 JULY 1881:

J. D. McKinley [no age]. Was guardian of my father M. C. McKinley, never received a fee. When I made final settlement, received $60 left in my hands as rents after final settlement. Benton McMillan was T. C. McKinley's attorney. I made my last settlement in September or October after my father's death in July. It was after T. C. McKinley was appointed guardian. s/s J. C. McKinley

W. B. Page [blank] years. Known H. B. McKinley, D. S. McKinley and T. C. McKinley about 23 years. Drew up and witnessed a deed from H. B. McKinley to D. S. McKinley of his interest in their father's estate bearing date Granville Tenn, September 1, 1875. The said H. B. McKinley is a child and heir at law of M. C. McKinley. s/s W. B. Page

Thomas L. Watts, lawful age. Knew M. C. McKinley in his lifetime. Rented from J. D. McKinley. Thomas [his X mark] Watts

Fred E. Smith age 27. Worked on M. C. McKinley farm for J. D. McKinley, stayed at J. D. McKinley's father's house. The hands worked for a part of the crop. Don't know how old I was in 1870. My father was Tony Smith. I had brothers, Sid and Herry were their names. I am a colored man. One brother is older than me. I and Herry worked under my father. Sid did not. Father is dead now. One brother is at Granville and the other is at Hugh Smith's. I now live at Hugh Smith's. Dave and Henry McKinley worked on the farm one year. Davey was there the longest. Fredic [X] Smith

DEPOSITIONS 19 August 1881:

William Hollin age 75. Known McKinleys 17-18 years, lived in their neighborhood some length of time. Received rents [collected corn from share croppers as payment] when J. D. McKinley had gone south and T. C. McKinley was sick and he said Jim would pay me when he got back. Worked eleven days. J. D. paid me when he got back. Renters were Captain Barnett, Thos Watts and George Tittle. William H. [his X mark] Holland

Jas D. McKinley age 50. Was guardian for my father M. C. McKinley after he was declared of insane mind in 1870, 1871 and 1872 and till in July 1873 when he died. He had five lawsuits which I attended to.

J. H. Graham vs M. C. McKinley, in Chancery at Gainesboro, Jackson Co.

B. J. Farrar, Admr vs M. C. McKinley, in Circuit Court at Gainesboro.

M. C. McKinley vs White Myers, Circuit Court, Gainesboro.

Conditt suit. Had to attend court at Carthage in this suit.

James McClarin vs M. C. McKinley & others

Bank suit.

Question: State whether or not you promised your father in the presence of your step mother that you would not charge anything for your services...

Answer: I never did. I took two mules and a horse off and sold them... paid the money on the old man's death.

The names of my step mother's sons are Henry and David S. McKinley. David was in Nashville from January about 1 July 1873 and Henry was in Texas most of the time I was acting as guardian. s/s J. D. McKinley

REPORT OF CLERK & MASTER: 27 September 1879. Darthula C. McKinley is widow of Matthew C. McKinley, is entitled to have Dower assigned. Land in 5th District bounded south by George Tittle, M. J. Clark, Tho Watts & Pendleton Huff, east by John Cale, James Pharris and Wm Lambeth, south by G. W. McKinley and the Cannon heirs, west by land now claimed by J. D. McKinley.

ADMINISTRATOR'S SETTLEMENT: [More a listing of assets and debts, about 100 pages, possibly entered as exhibit. Notes owed estate from 1840-1873 - mlj]. David G. Shepherd estate, by B. J. Farrar, Administrator.

BILL OF COMPLAINT: B. J. Farrar of Davidson Co. against Terrel Byrne, James Hargis and James Pharris of Jackson Co.

David G. Shepherd died in Jackson Co. [blank] 187[blank] having made his Last Will & Testament. Orator appointed Administrator with will annexed. 26 Sept 1874 Admr recovered judgment against Terrel Byrne for $722.58 on note due 2 January 1857 and dated 1 January 1857, prior to Homestead exemption to heads of family. Terrel Byrne is insolvent. Terrel Byrne in 186[blank] executed to James Hargis as Trustee a deed of trust and mortgage, conveyed land in District 15 Jackson Co. bounded by James Hargis, John Pharris, Wm Dudney and others, about 200 acres. Believes made to defeat creditors. 12 December 1874.

CLAIM FOR PAYMENT: Cause of M. C. McKinley vs James M. Conditt and H. B. Clark and John Hughes. On 12 March 1866 bill filed seeking to enjoin suit. Cause was finally heard Feby 20, 1873, and a decree was rendered against M. C. McKinley for $838.95, and also against A. Stanton his security on the Injunction Bond in the 2nd place and James M. Conditt and John Hughes lastly. Dated 18 August 1879.

POWER OF ATTORNEY: Tarrant County, Texas} We, J. [?H.] Monica and Catharine J. Monica of Tarrant Co., Texas appoint David J. Shepherd of Smith Co., Tennessee... estate of D. G. Shepherd, deceased, now being administered by B. J. Farrar in Jackson County, Tenn, or from the estate of James M. Shepherd, deceased, of said county and state to collect any monies which we are entitled out of said estates. 20 February 1878. s/s J. [?H] Monica, Catharine J. Monica

DEPOSITIONS 12 August 1881:

Mrs. T. M. McKinley, age 34. Know McKinley family about 19 years. I lived on the farm of M. C. McKinley between January 1870 to July 1873. My residence was about one-half mile from M. C. McKinley's and about 3/4 - 1 mile from J. D McKinley.

J. D. was a stock trader 1869-1873. He would sell it in the Southern market and be gone for three or four months. Sometimes he would go to Nashville and be gone 3 or 4 weeks. M. C. McKinley in 1869 had four of his children living with him. Henry and David were the oldest, don't know their ages then. Emer was about 15 and Ida 14.

I am a daughter in law of M. C. McKinley deceased. I heard J. D. McKinley as guardian and tell T. C. McKinley as Administrator they should make out a claim as high as the law would allow and they could go in together and buy the land. s/s T. M. McKinley

D. H. Armistead age 40. Known M. C. and J. D. McKinley ever since I could remember. I lived adjoining M. C. McKinley farm 1868 and 1869 and within a mile the last 16 years. J. D. McKinley's never been able to make money. Value of the farm went down he when was guardian. s/s D. H. Armistead

Pinky McCarver age 74, occupation merchant. Knew M. C. McKinley near 40 years. [Signed] P. McCarver

ANSWER: Robert Lee Thompson, John Bell Thompson and Allice Ida McKinley, by their guardian J. M. Morgan. Matthew C. McKinley died, Thomas C. McKinley is administrator. Necessary to sell land to pay debts. 17 November 1880.

CLERK & MASTER'S REPORT: Land sold July 1882 subject to litigation of J. H. Graham and others.

John and W. F. Conditt became purchaser at $2500, highest and best bid. 10% down, securities on notes due one and two years are J. A. Fite, A. A. Swope and James McClarin.

CAUSE HEARD: Martha J. McClarin and husband James McClarin are entitled to special legacy of $75.00 with interest thereon from the 4th day of July 1874 which is one year after the death of her father M. C. McKinley, amounting to this date $130.25 and to $100 in recovery in lien on horse bequeathed to her. Supreme Court, Middle Tennessee 23 March 1887.

DEPOSITIONS 10 August 1881:

Albert Stanton age 71, now live in Putnam County, occupation was farmer. Have resided in Jackson Co., 2-3 miles from M. C. McKinley from 1859 until recently. Also lived a while at Granville which is about one mile. s/s Albert Stanton, Attest: W. R. Stanton

H. H. Lansden age 44. Known McKinley farm since 1852 or 3. Lived one year at Cookeville and one year on Martin's Creek. Other than that I resided at Granville, about one mile from McKinley. s/s H. H. Lansden

ANSWER: George W. McKinley to Bill of Complaint. I am one of the children of Matthew C. McKinley. Father is dead. 28 September 1881. s/s G. W. McKinley

BILL OF COMPLAINT: Benjamin F. Farrar of Jackson County, Tennessee against

Thomas C. McKinley, Administrator of M. C. McKinley and in his own right.

Darthuly McKinley, widow of M. C. McKinley.

G. W. McKinley

J. D. McKinley

Emma J. Ferrell and husband L. D. Ferrell, all of Jackson Co., Tennessee.

Jennie N. McClarin and husband James McClarin, of Smith County.

Jennie N. Apple and husband Wirt Apple of Smith County.

Alla J. [or I.] McKinley of Williamson Co., Tennessee.

James Thompson of Putnam County.

William Thompson of Putnam County.

R. L. Thompson of Putnam County.

John B. Thompson of Putnam County.

Henry B. McKinley of the State of Texas

Benjamin J. Farrar as Administrator of David G. Shephard recovered judgment against M. C. McKinley. Matthew C. McKinley now dead. Defendant Darthula C. McKinley is his widow. Other defendants except husbands of married women and H. J. Harley are heirs at law.

Jennie N. Apple, Robert L. Thompson and John B. Thompson he is informed are minors, no guardian. 2 December 1878

DEPOSITION: J. D. McKinley states the suit of James McClarin vs M. C. McKinley, G. W. McKinley and myself. He claimed my father was trustee in a deed of trust made by G. W. McKinley to secure a store account of G. W. McKinley to James McClarin. He also claimed my father had used or made way with a horse my grand father Sadler gave to my sister Jane McClarin, Jim McClarin's wife.

I helped sell or dispose of some horses that McClarin was in the deed of trust which I knew nothing of. s/s J. D. McKinley

Wm M. Neal age 41. Rented part of McKinley farm while J. D. McKinley was guardian. s/s W. M. Neill

PETITION: Petitioner James McClarin & wife Jane McClarin of Smith Co., TN. M. C. McKinley, father of petitioner Jane McClarin died in Jackson Co. 1873. Were two special bequests in his will; a good saddle horse worth $100 as testator failed to give her one as he did her sister after her marriage. The other was for $75.00 in lieu of a wedding dinner. s/s James McClarin, s/s Jennie McClarin

NOTICE TO SHERIFF: Smith County sheriff to summons for 2nd Monday in September 1873 the widow and heirs of M. C. McKinley: Darthula McKinley, widow; George W. McKinley, J. D. McKinley, Thomas C. McKinley, Henry B. McKinley, David S. McKinley, Emma J. McKinley, Allice I. McKinley all of Jackson Co; Jennie N. McClarin and husband James McClarin of Smith Co., Francis K. Thompson, James Thompson, William Thompson, Jennie N. Thompson, Robert Lee Thompson and John Bell Thompson of Putnam Co.

[NOTE: Several pages filmed of debts owed to Shepherd, inventory of property - mlj].

NOTICE, 2 JUNE 1871 TO: Jerry Dockery, Matt Bargess, Tom Bargess, Jno Hargis, Grundy Dowell, Skelton Meadors, Tip Suttles, Sally Ann Hargis... who are now settled... parcel of land known as "Brown & Graham tract" on the Bank of the Cumberland River and waters of Big Branch, Jackson County, Tennessee, being property of David G. Shepherd heirs, land will be surveyed on the 11, 12 and 13 July 1871 and sold 18 July 1871.

BILL OF COMPLAINT: Oliver H. Anderson of Obion Co., Tennessee and Edward M. Cason & John Samples of Jackson Co. against

Benjamin J. Farrar, Admr and White Myers of Overton Co. in his own right and as administrator of Hugh Pharris, deceased and John P. Murray of Jackson Co.

Orator will show that shortly prior to late war there were bills filed in Gainesboro, styled Mary Pharis vs Hugh Pharis and others. In the original bill, David G. Shepherd & others and Cox & Draper vs Same, White Myers vs Same, Geo Stout etal vs the Same and James McClarin vs the Same Parties.

The bill of Mary Pharis was filed against her husband Hugh Pharis for divorce. She alleged among other things that D. G. Shepherd had a trust deed for land to secure a small debt of $247 and she sought to foreclose and appropriate the residue to her use as alimony.

The other parties were creditors of Hugh Pharis and sought to sell land to pay debt. Land was decreed sold. The war intervened, matter rested.

Hugh Pharris was killed during the late war and defendant White Myers appointed his Administrator. Creditors revived the suit against him as Administrator.

Orator believes most if not all indebtedness to David G. Shepherd was paid during his lifetime. Pharris' land sold, Complainant E. M. Cason purchased it. Complainant Cason by his tenant has been in peaceable possession since Spring 1876. He contracted same to John Samples with H. H. Cason and M. L. Gore his Security. Samples has paid nearly all the purchase money, and if title fails, Orator will be liable for refunding Samples money.

E. M. Cason is an innocent purchaser who paid full price. Was given no notice by Farrar. E. M. Cason's son is H. H. Cason. 30 June 1881. s/s O. H. Anderson, H. H. Cason, agent of E. M. Cason

NOTICE TO HEIRS OF D. G. SHEPHERD, deceased, to wit Thos Shepherd, M. B. Shepherd, B. A. Shepherd, D. J. Shepherd, A. F. Whitemore, Mrs. M. M. Baker, D. S. Baker, Mrs. M. E. Mansfield, Mrs. S. A. Loving, F. A. Shepherd, Mrs. Kate J. Bennatt, H. E. Shepherd, Maggie D. Shepherd, Kate L. Shepherd, Mary S. McNeill, J. M. Williams, J. H. Shepherd, Annie S. Simmons, S. S. Moore, Charles F. Shepherd. Settlement will be 31 May 1882 at Gainesboro.

INVENTORY OF SHEPHERD ESTATE: Cash on Hand $3330.39; Collectable Debts to Estate $4887.87; Uncollectable Debts $10,297.19. Sale of household and kitchen furniture and livestock $1103.75.

CAUSE HEARD: Tennessee Supreme Court Sat. 19 Feb 1881 on transcript from Jackson Co. Chancery Court [not on this reel]. Manifest errors in decree of Chancery... Defendants go hence and recover of Complainant B. J. Farrar, Administrator of D. G. Whepherd and of Complainants D. J. Shepherd, Elizabeth R. Oldham, J. L. Oldham, Ellen M. Sowering, Geo B. Sowering, S. E. Langford, S. P. Langford and Kate Shepherd, and James Hargis security on the prosecution injunction bonds all the costs both in this Court and in the Chancery Court at Gainesboro. [NOTE: There were two debts owed by Abisha Cannon of $121.34 and $39.35 listed "Uncollectible Debts", so possibly concerned this - mlj].

BILL OF COMPLAINT: B. J. Farrar as Administrator of David G. Shepherd, deceased, of Jackson Co. against

William Lambert and George M. Swan of Jackson Co, Tennessee and John Hughes and John M. Armistead of Davidson Co.

David G. Shepherd died in Jackson Co. about November 1870. Last Will & Testament proved in County Court of Jackson Co. 1871. David G. Shepherd and John M. Armistead were partners in Shepherd & Armistead and on 15 October 1859 recovered judgments against William Lambert of $3.90 and costs $1.20; $133.60 and costs of $1.70; $23.04 and costs $2.20. John Hughes became liable for Stay of Execution. Defendant John M. Armistead sold Shepherd his interest in the judgments.

Lambert's land in Jackson Co. bounded by land of Elizabeth Holleman & Oliver H. Anderson on the north, east by Alfred Maize, south by Allen Maneer and Henry Sadler and on west by Lambert's wife Betsy. Land was ordered sold to pay debts, court house burned 14 August 182.

DEPOSITION: W. S. Farmer, age 47, occupation farmer, live 10th District. Land formerly owned by Jasper Presley is poor flat woods land, half cleared but not all in cultivation, soil worn out, grown up in sage. 60 acres tillable, about 144 total. One building site, one unfinished building, one spring. There are 13 heirs, or shares, not suitable for partition. s/s W. S. Farmer

DEPOSITION: M. E. FARMER age 36, am farmer, live 10th District. I own one-half interest or shares in said land, there being four original shares. I own my own one-fourth interest and bought L. E. Farmer's one-fourth interest. There are three children living and one dead who left eleven children living whose names are W. S. Farmer a son; M. E. Farmer, a son; L. E. Farmer, a son; M. I. Farmer a daughter who married Silas Presley who is dead and left the following children: Jasper, Oscar, Owen, Ewin, Denton, Cooper, Jennie, Sarah, Nora, James and Matt who are all minors who would be entitled to one-fourth together, 1/44 each.

Jasper Farmer died 10 Jany 1896 and his widow died 24 March 1907. s/s M. E. Farmer

DEPOSITIONS:

J. G. Jacquess age 62, live 10th Dist., know land. s/s J. G. Jacquess

G. W. Cooper, live 10th Dist., know land, worth about $500. s/s G. W. Cooper

CLERK & MASTER'S REPORT: William J. Farmer deceased left children and grandchildren [repeats names verbatim in M. E. Farmer's deposition].

ANSWER: N. B. Young as guardian ad litem of minor children Jasper, Archer, Owen, Ewin, Denton, Cooper, Jennie, Sarah, Noah, James & Mat. 3 June 1907. Best interest to sell land. s/s N. B. Young, Sol.

REPORT OF SALE: W. S. Farmer became purchaser at $600, being highest bidder. 20 July 1907. Land bounded on north by Stults, H_ _ Swift, south by Owen heirs, west by Windum Owen, east by Crabtree & Phillips heirs.

BILL OF COMPLAINT: W. S. Farmer and M. E. Farmer vs Jasper Farmer, Osker Farmer, Owens Farmer, Ewin Farmer, Denton Farmer, Cooper Farmer, Jennie Farmer, Sarah Farmer, Norah Farmer, James Farmer, Mat Farmer, all of Putnam Co., Tennessee. Jasper Farmer died intestate 10 January 1896, widow Sarah died 21 February 1896. Complainants and Defendants are children and grand children and his only heirs. Presley children are children of Mary I. Farmer, deceased daughter of Jasper and Sarah Farmer, who married Silas Presley.

FINAL SETTLEMENT: W. S. Farmer, Admr of Farmer, S. M. [probably Sarah, as she survived her husband, would have had a life estate]. 8 May 1907, Jackson Co. Court. Heirs being present except minors who are represented by guardian S. B. Presley [possibly their father Silas Presley] - mlj].

M. E. Farmer, his pro rata share ..........................................................$33.03

L. E. Farmer, his pro rata share..............................................................33.03

S. B. Presley, gdn of minor heirs of Belle Presley [?Mary Isabella]......33.03

W. S. Farmer, his pro rata share plus $10 as Estate Administrator........43.03

Purchasers at sale of personal property 24 April 1907, total $155.68 [Itemized on film]: M. E. Farmer, L. E. Farmer, Avo Farmer, F. P. McGhee, S. D. Presley, J. S. Phillips, J. H. Maynard, J. E. Jackson, Tennessee Maynor, L. A. Harris, P. H. Horner [or Homer], A. H. Bartlett.

CLERK & MASTER'S REPORT: Cause of A. M. Furguson, Admr vs Martha Banda and husband Lewis; Julia Ann Spivy; James Draper; Sarah G. Bybee; Anderson Webb; heirs at law of Nelson Webb, deceased, whose names are unknown; heirs of Richard Webb, names & residences unknown; and Berry Webb, defendants.

DECREE TO SELL LAND: 5 April 1869, 3 tracts on the ridge and headwaters of the east fork of Wartrace Creek which Allen Webb died seized & possessed, about 150 acres bounded as follows:

Tract 1, Begin ... west of a hollow of Indian Creek, thence north crossing a ridge... west side of a spring branch... including improvements.

Tract 2, Begin Allen Webb's northwest corner, stake in Fore's line... passing Webb's southwest corner... center of ridge between War Trace and Indian Creeks... 50 acres.

Tract 2, Beginnina at a branch, being about 100 acres. Purchaser John M. Clark.

[NOTE: Among estate expenses is a year's support for Nancy Bryant, August 1885, so although it didn't specify, Thomas Bryant died likely near this date, and Nancy was likely his widow - mlj].

NOTICE: To Nancy Bryant, Harriet Bryant, Howard Bryant, A. R. Gore, J. J. Gore, H. L. Dycus, Mollie Dycus, John T. Ray, Jasper Ray, Mollie Ray, A. M. Furgurson, N. E. Furgurson. Estate Settlement 20 Auguat 1886 with A. M. Furgurson, Administrator of Thomas Bryant, deceased.

NOTICE: To ?G. H. Bryant, M. J. Bryant, A. F. Bryant, F. P. Bryant, Thomas Knight, Mary Knight, Laura Bryant, J. B. Ray. Estate Settlement 20 August 1886 with A. M. Furgurson, Administrator of Thomas Bryant, deceased.

ANSWER: J. H. Bryant to Bill of Complaint filed 31 May 1900. In Feby 1888, A. M. Furguson and Respondent formed a partnership, retail mercantile business near Highland, Jackson County, Tenn. August 1895, Fergerson retired and sold out to W. C. Williamson. Respondent agrees some matters are not settled, states it is because A. M. Fergerson is old and infirm. Respondent purchased land and buildings... Complainant had no interest in same.

[First part missing - mlj]. Defendants Adam S. Hufhines, Riley W. Hufhines, Thos Hufhines. Cornelius Carver became purchaser of the R. W. Hufhines tract at $1200.

Ferguson became purchaser of Highland tract at $400 and the Craghead tract at $100. Confirmed Feby term 1867.

Papers of Cornelius Carver against Complainants and A. M. Ferguson as their Security are missing. Riley W. Hufhines was going to make a deed of Trust to avoid paying debt to Carver & Ferguson.

DEED OF TRUST: Riley W. Hufhines for $1.00 to T. J. Goodman, a tract of land in Dist. 3 on War Trace Creek, 300 acres bounded north by Cornelius Carver & Joseph Carver, east by Sneeds, south by James H. Carver heirs and John S. Carver heirs, west by John S. Bryant where Riley W. Hufhines now lives, being land deeded him by Thomas Hufhines... Deed made for this purpose. I owe T. J. Goodman $1600 and if I don't pay, land to be sold... s/s R. W. Hufhines

BILL OF COMPLAINT: Alexander M. Fergusson of Jackson County, Tenn, against

Benjamin Sloan, Martin Sloan, Sanders Sisco and his wife Emeline Sisco, William Carver, James H. Carver, Benjamin Carver, Isaac Carver, Mary Jane Carver, Angeline Carver, Samuel Carver, Margaret Elizabeth Sloan, Sarah Sloan, Elbert Sloan, the last ten minors, and Almira Sloan, John Cook and wife Mary Cook, Jerry Ray and wife Elizabeth Ray of Jackson Co., Tenn, John Sloan of Illinois, Bradley Sloan and Anthony Sloan of Missouri, Thomas Hufhines, Adam S. Hufhines, John Draper, Asberry Draper of Jackson Co., Tenn, Riley W. Hufhines of Kentucky, Charles White and wife Malinda White of Illinois, Marion Hufhines and his wife Harriet Hufhines, Francis Hufhines, Joanna Josephine Hufhines, Daniel Asberry Hufhines, Amanda Elizabeth Hufhines, Thomas W. Hufhines of Jackson Co., Tenn, last four minors, Abraham Procter & wife Victoria of Arkansas, Milton Lee and his wife Mary Lee, Napoleon Richmond, Cansada Richmond, Sarah Richmond, Angelina Richmond, Adeville Richmond of Jackson Co., Tenn, last five minors, Martha Hufhines, Newton Hufhines, Monroe Hufhines, Mary Hufhines, Timothy Hufhines, minors of Indiana, Defendants.

Complainant shows that Doctor B. Sloan and Mary Hufhines a daughter of Daniel Hufhines in the year 1859 intermarried and said Doctor B. Sloan died intestate in September 1860 and within nine months after his death, his widow Mary delivered of a child which child died in 1861 at about 8 or 10 months of age. A short time after the child died, the mother of the child died. The said Doctor Sloan had no other child.

Benjamin Sloan, John Sloan, Martin Sloan, Bradley Sloan, Anthony Sloan are his brothers.

His sister Jane Sloan was married to John S. Carver they both died intestate her children are Emeline Carver married to Sanders Sisco, William Carver, James H. Carver, Benjamin Carver, all minors except Emaline and William... no general guardian.

His sister Delila Sloan also married John S. Carver she is also dead. Her children are Isaac Carver, Mary Carver, Angelina Carver, Samuel Carver and Alexander Carver all minors and no general guardian.

Doctor B. Sloan's brother Andrew P. Sloan died 7 May 1862. His widow is Almira Sloan and his children are Margaret Elizabeth Sloan, Sarah Sloan, Elbert Sloan, minors with no general guardian.

Mary married to John Cook and Elizabeth married to Jerry Ray are sisters of said Doctor B. Sloan, deceased.

The brothers of Mary [Hufhines] who was the wife of said D. B. Sloan as before mentioned are Thomas Hufhines, Adam S. Hufhines and Riley W. Hufhines. Joana [Hufhines], a sister of Mary, was married to James W. Draper she is dead her children are John Draper and Asberry W. Draper.

Her brother William A. Hufhines died intestate his children are Malinda [Hufhines] married Charles White, Harriet [Hufhines] married to Marion Hufhines, Joana Hufhines, Daniel Asberry Hufhines, Amanda Elizabeth Hufhines, Thomas W. Hufhines, last four minors with no general guardian.

Amanda [Hufhines] a sister of Mary [nee Hufhines] Sloan was married to Robert F. Richmond she is dead her children are Vitura [Victoria nee Richmond] who is married to Abraham Procter, Mary [Richmond] married to Milton Lee, Napoleon Richmond, Cansada Richmond, Sarah Richmond, Angelina Richmond and Adeville Richmond all minors except Vitura and Mary, with no general guardian.

James Hufhines was also a brother of Mary [Hufhines] late wife of said D. B. Sloan he is dead. His children are Martha Hufhines, Newton Hufhines, Minerva Hufhines, Mary Hufhines, Timothy Hufhines of Indiana they are all minors, no general guardian.

Doctor B. Sloan died seized and possessed of land in District 3, War trace... dry fork, adjoining land Woodfolk and widow Sloan on south and Adison Dycus on the west and James H. Carver's on north and Adam S. Hufhines on east... 130 acres conveyed by Daniel Hufhines to Doctor B. Sloan... deed 18 January 1860. Debts exceed personal assets, will be necessary to sell land to pay debts.

ANSWER: Ben Sloan, Elmira E. Sloan, Sanders Sisco & wife Emaline Sisco, William Carver, John Cook & wife Demarias Cook, Jeremiah Ray and wife Elizabeth Ray and Martin Sloan. Suppose heirs set out correctly.

SUBPOENA 28 August 1872, Joseph Eaton, Elizabeth Eaton, John P. Murray, Landon Robbins, Julia Robins and J. W. Stallworth [Sheriff]. Appear 4th Monday in October 1871 to make defence to Bill of Complaint filed by D. K. Find against them.

DECREE: Defendant Joseph Eaton is to have a decree against Complainant David K. Fink... $50 in full satisfaction of Justices Judgment of $130.94.

ANSWER: Joseph Eaton, Joseph Eaton, Elizabeth Eaton, Lansdon Robins and his wife Julia Robins to Bill of Complaint of D. K. Fink and others. True Joseph Eaton recorded a judgment against Complainant for his board bill. True Respondent Julia Robins was part time proprietress of the Hotel but her mother Elizabeth Eaton was to have the proceeds. Are not and never have been indebted to Find for doctor or any other bills. 29 April 1872.

BILL OF COMPLAINT: On 1 April 1869, Joseph Eaton received judgment, board bill at Eaton's Hotel. Julia Robins at that time was Julia Eaton, has since intermarried with Landon Robins. Joseph Eaton and wife Betsy superintend.

PROSECUTION BOND: John R. Ferguson as Principal and A. J. Martin as Security, 2 October 1865. s/s John R. Fergusson, A. J. Martin

DEPOSITION: Hamilton Savage, age 50 for Complainant. Complainant wanted to sell me his land because he was afraid to live on it, afraid his life would be taken. I did not want to buy it. Afterward he sold it to [Bennett] Spear and [John] Savage. He said he did not like the people and did not want to live in the neighborhood any longer. The Defendants Spear and Savage paid to me $200 in green backs as agent for my brother John Savage and I gave it to Ferguson. Ferguson's other money was paid in Confederate. It was supposed to be 100 acres. Complainant was not afraid of Spear and Savage... he stopped frequently with the defendants. Ferguson said he'd rather have Confederate money than his land. Hamilton [his X mark] Savage

DEPOSITION: Isaac M. Crawford, age 26. Know Complainants. Do not know if he was run out of his field several times in 1862 by armed men. I was present in company with Thomas and Henderson Copass near complainant's house while he lived on said land. Henderson raised a ?furor with Complainant and cocked a gun and mussle [sic] against him and threatened to kill him if he did not pay him some money that Copass claimed was due him. s/s I. M. Crafford

[NOTE: No date on these depositions, but were probably taken between August 1867 - February 1867 - mlj].

DEPOSITION: Mary Powers age 50. Acquainted with Complainant. Soldiers took him once in the war and made him give up his nag.

Question: Was he arrested after he took oath to the U. S. Government?

Answer: Understand he was taken to Glasgow.

Complainant had sons and sons in law in the Rebel army. He said he sold his land for part greenbacks and part Southern money. Mary [her X mark] Powers

DEPOSITION: George Jenkins, age 68. Complainant and his old lady were moving... too heavy loaded, stopped at my house, left some boxes, said they'd be back. Mr. Back stopped and asked if I'd seen him, and said tell Ferguson men were lying in wait for him, and not to go back. s/s George Jenkins

DEPOSITION: James Crawford age 68. Complainant wanted me to talk to Mr. Coffelt and the boys. James [his X mark] Crawford

ANSWER: James P. Conkin to Bill of Complainant against him, John Savage, Welk Savage and Bennett Spear. About 15 January 1864, he bought of his co-defendants Welk Savage and Bennett Spear the land described. 27 October 1865.

ANSWER: John Savage to Bill of Complaint of John R. Fergusson against him, Bennett Spear, Welk Savage and Patterson Conkin. Respondent some time in 1862 sold to or gave his son in law D. L. Masters the land in Complainant's bill and never made him a deed and he was killed in February 1862, and in that year as he now remembers, by consent of his daughter, Masters wife, sold same to Complainant for $1100.

DEPOSITION: T. H. Butler [no age]. I drew the deed for the land. Complainant lived near Kentucky line at Centerville, and Bennett Spears lived at Monroe Co., KY, about six or seven miles southwest of Tompkinsville. s/s T. H. Butler

DEPOSITION: Mrs. Mary A. West [no age].

Question: State if about [Can't read] month 1864 you were the wife of R. T. Hildreth.

Answer: I was. Mr. Hildreth is now dead. Have known John R. Fergusson about five years.

January or February 1864 he left $700 or $800 in Confederate notes with Mr. Hildreth to take across the mountain to dispose of it, if he went. Shortly after that Mr. Hildreth was killed and I gave the notes back to Mr. Fergusson. When Mr. Hildreth unrolled the notes he considered them counterfeit but told Mr. Fergusson he would take it and see what he could do with it, provided he went. I have since married John H. West.

Mr. Hildreth was a lawyer and had been Clerk of the Fentress Circuit Court.

After 25 July 1864 Mr. Fergusson came after the notes in August or September I think.

Question: Did Mr. Hildreth tell Fergusson that the Confederate money was counterfeit at the time?

Answer: He did. He said "Uncle Johnny I don't like the looks of the money. I think it is base counterfeit". s/s Mary A. West

DEPOSITIONS 1 August 1868:

Jessy Savage age 54. My son Hamilton Savage witnessed the conveyance... my understanding is T. H. Butler wrote it. Don't know if it was a deed or a bond for title. It was in Gainesboro. Mr. Fergusson and Brother Hamilton Savage got him to write it.

CROSS-EXAMINATION by Welcom M. Savage.

Question: Did Complainant Fergusson say he owed a balance on the land?

Answer: My recollection is he said he did. It was at my brother John Savage's house, and as we came up from Gainesboro, it was talked of by Brother Hamilton and myself and Mr. Fergusson. s/s Jessee Savage

David C. Savage[*] age 31. My recollection is John Savage Sr. made bond for title to Ferguson, not a deed. s/s D. C. Savage

* [A summons was issued for Crockett Savage, not filmed. Possibly one/same - mlj].

DEPOSITIONS: 7 February 1867, taken in Monroe County, Kentucky

John B. Hestand about age 21. Was at the house of Bennett Spear shortly before the land trade. s/s John B. Hestand

Levi Spear age 55. Knew Fergusson. Levi [his X mark] Spear

Robert Powers age 67. Lived 300-400 yards from Fergusson in 1862-3. Land in Jackson Co. was just above Centerville on the forks of Line Creek. John S. Harland lives on it now.

There was a band of soldiers in the neighborhood, passed for home guards. Elijah Coffitt and Gid Coffit, reported commanded by Lewis Coffitt. s/s Robert Powers

Isaac Crawford age 65. Know parties. Isaac [his X mark] Crawford

Nathan M. C. Job age 26. My father and mother Nathan and Abigail Job lived about three miles from old man Fergusson. s/s Nathan M. C. Jobe

William C. Bowman age 49. I was one of Capt. Lewis Coffitt's home guards during the war. Bennett Spear, James A. Conkin and J. S. Harlin had nothing to do with the home guard that I know. s/s Wm C. Bowman

BILL OF COMPLAINT: John R. Fergusson of Overton Co. against John Savage and Welk Savage of Jackson Co, Bennett Spears, Patterson Conkin of Monroe Co., Kentucky. States he bought land from John Savage in District 5 where Lafayette Masters, deceased, live. Took a Warrantee Deed, was never registered.

[NOTE: Solicitor in this case was John P. Murray. He, or a clerk in his office, has handwriting that is difficult to read. Descendants are urged to check microfilm - mlj].

BILL OF COMPLAINT: Elizabeth Fergusson and her husband Alexander M. Fergusson against Nancy Bryant, Harrett Bryant, Molie T. Bryant, Joseph Ray, John F. Ray, Molie Ray of Jackson County, Zachariah Bryant, Alexander F. Bryant and ?Louvisa Bryant of the State of Kentucky; Thomas Night and wife Carrie Night of Smith County, Franklin P. Ray of Davidson Co., Miles I. [or J.] Bryant of St. Louis, Missouri, Andrew Gore and wife Nancy Gore of Jackson Co., Tenn.

Oratrix is the wife of co-complainant Alexander M. Fergusson. _____ sold to Thomas Bryant in his life time a tract of land. Co complainant is administrator of Thomas Bryant, deceased. Nancy Bryant is his widow. ?John H. Bryant, Miles [?] Bryant, Alexander F. Bryant, Franklin P. Bryant, James H. Bryant, Harrett Bryant, Molie ?J. Bryant, Nancy Gore wife of Andrew Gore are all children of Thomas and Nancy Bryant.

Luvisa Bryant, John F. Ray, Joseph Ray and Miles Ray are children of James Ray and Manda Ray a daughter of Thomas, who died before Thomas Bryant.

Carie Night wife of Thomas Night is the only child of Joseph Bryant who is dead and was a son of Thomas Bryant, deceased.

Are willing for Nancy Bryant to have a life estate in land.

AFFIDAVIT: James Hargis makes oath that in March or April 1861 he was a constable in Jackson Co., Tenn. 20 March 1861 Larkin Ferrell placed in his hand for collection a note on Milton Draper. 2 July 1866. s/s James Hargis

END REEL #71.