Jackson Co., TN Loose District/Chancery Court Papers Reel #73
Fowler - Gailbreath
Miscellaneous "F" Divorces

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DEPOSITIONS [Blank] September 1896; filed 26 Sept 1896:

R. N. M. Stafford. Knew V. C. Lee in his lifetime, V. M. Fowler and wife and J. G. Cunningham, lived 1-1 1/2 miles from them. Saw J. G. Cunningham and V. M. Fowler and wife at V. C. Lee's about 2 or 3 October. I think G. W. Stafford and a couple of the Scott boys were there.

Ques: Where did you get acquainted with Lou M. Fowler?

Ans: The first I ever seed of her was at Lees.

Ques: What was your business at Lees that day?

Ans: Don't know as I could say - was frequently about, they was my kinfolks.

Before I lived on the Dock Stafford place I lived up the hollow where Jonas L. Young lives, on Mat Loftis' land at that time.

After I left John Dock Staffords I moved up there just below where Pat Dudneys widow now lives for over five years then to where Hyram ?Bauman now lives 2 or 3 years.

Next out on Dudley Hill near where I live now for 2 or 3 years.

Then at the head of Tallies Hollow a little over five years.

Next a little hollow called Texas about five years, then where I now live. [Checked a Jackson Co. map, couldn't find "Texas" anything. He could have been joking, and he moved to the State of Texas; don't know - mlj].

When I went to visit Lee, think he was living in the Josh Chapman house. I believe Mart and Jake were the Scott boys who were there.

R. N. M. [his X] Stafford

Caleb W. Lemons age 82. In 1871-2-3 I lived on the Gray farm on Roaring River. Know V. C. Lee. He died about 1890 or 91. He moved from the Gray farm to land he purchased on the north side of Cumberland River about first of the year 1872.

Ques: Say if you were acquainted with V. M. Fowler and wife and James G. Cunningham the father of Lou M. Cunningham.

Ans: Saw them at Vance C. Lees, me and Anderson C. Stafford were there.

Caleb [his X] W. Lemons

DEPOSITIONS 18 September 1896:

H. H. Cason age 49. Known Emiline Whitaker 20 years, general character bad.

/s/ H. H. Cason

G. R. Loftis age 48. Known Em Whitaker 24 - 25 years, general character bad.

/s/ G. R. [his X] Loftis

Newton Moore. V. C. Lee died 1890 or 91. J. G. Cunningham died I think summer of 1874. V. M. Fowler's wife Lou M. was the daughter of James G. Cunningham.

My age is 70 years. I have lived in the neighborhood of the land [in controversy - mlj] all my life and within a mile since 1838 and adjoining land to this controversy. My father was Denton Moore. He died June 21, 1873. V. C. Lee took possession in 1873 and what makes me recollect is my father died in that year and he was there before my father's death.

/s/ Newton Moore

Louvina Emeline Whitaker age 43.

Ques: Who are your brothers and sisters living at the time your father died and were they heirs of V. C. Lee.

Ans: W. H. Lee, S. A. Lee and myself.

From 1873 up to 1885 I lived at my fathers place that he bought from Lou Fowler. V. M. Fowler and his wife visit[ed] my father to get money owed them to pay on the place they had bought up the river. He paid them $500. Think Geo Stafford was there. Was in 1874. Don't know if he's [Geo Stafford] alive or dead. Father got the money by running his raft, Cal Spivey went.

Ques: Are you the same person who was indicted with Mr. Dennis for poisoning Dennis wife and killing her?

Ans: I recon [sic] I am - I am not guilty - they did not prove no such on me... as to any of it [arsenic] being given to Red I know nothing.

When the last $300 was paid Jim Ellis was there.

[Questioned further about involvement in death of Mr. Dennis' wife, whether she wanted to "get Dennis for herself", Dennis getting arsenic from Bill Quarles, Dennis stuffing container in a crack and whether enough was used to cause death, accuracy of Quarles' scales, etc. - mlj].

/s/ Em Whiticker

ANSWER of Wm York, guardian of J. M. G. York and H. H. Herod. Deny Complainants are owners of land - is the same tract devised to Lucinda M. Fowler by the 6th clause of the will of James G. Cunningham.

V. M. Fowler prior to J. G. Cunningham making a will married his [Cunningham's] daughter Lucinda M. and complainants are their only children and heirs.

Admit death of Lou M. Fowler but deny V. M. Fowler became tenant by courtesy [sic; right of husband during his life to wife's property - male equivalent of dower right - mlj]. Land was held by V. C. Lee who purchased from V. M. Fowler and wife.

DEPOSITIONS 21 August 1896:

William Draper age 80, live Jackson Co. Acquainted with J. G. Cunningham. My wife and him were own cousins. Had a conversation with J. G. Cunningham when I went to my brother's. We were passing the land. He said he had give his children $500 apiece but Fowler and his wife were not satisfied with their land and he was willing for them to sell it and let them buy land from John Fowler in Tinsley's Bottom.

Understood [V. M. Fowler] was not a stout man and weakly and was bordering on consumption. She [Lou] had the appearance of being a stout healthy woman... it was thought he would not live long.

/s/ William Draper

W. Alex Crawford age 47. Knew V. M. Fowler and wife Lou M. and James G. Cunningham. Have known them all my life except Vanos. First knew him in 1866 after the war. I lived with them when they occupied land sold to V. C. Lee, [18]68, 69 and 70. Think they left in 1873. Heard a conversation between Fowler and his wife and old John Fowler and James G. Cunningham relative to Fowler and wife selling land down here and purchase the John Fowler and other land.

Ques: Why wasn't she happy on the land she sold Lee.

Ans: Trouble with Mrs. Herod her sister who lived adjacent as the reason she wanted to sell.

/s/ W. A. Crawford

Z. M. Young, Physician, live Gainesboro. V. C. Lee died Sept or Oct 1890 or 1891.

/s/ Z. M. Young

Anderson P. Stafford age 51. Knew Vance C. Lee and V. M. Fowler and wife Lou M. Fowler. I helped them move to land they bought of Fowler about December 1872 or January 1873, staid [sic] there three days.

/s/ A. P. Stafford

W. H. Lee age 45, live 4th District, am a son of Vance C. Lee now deceased. [Signature page missing - mlj].

F. P. Buckham age 45. Knew V. M. Fowler, wife Lou and J. G. Cunningham who was Lou Fowler's father. They are all dead.

/s/ F. P. Buckham

M. A. C. Williams age 56. Knew Fowlers and Jas G. Cunningham. I operated a ferry with my husband James [Eaton, deceased] at the mouth of Roaring River. I did most of it myself.

/s/ M. A. C. Williams

G. L. Ray. Knew Vana C. Lee, Vanous M. Fowler and his wife Lou M. 1870 to 88 I lived on Jennings Creek where Taylor Cherry now lives about one mile from the mouth.

/s/ G. L. Ray

W. D. McCoin. Knew V. C. Lee and J. G. Cunningham.

/s/ W. D. McCoin

[Above depositions filed 7 September 1896]

DEPOSITIONS 25 August 1896:

Margarett J. Tinsley age 64. Live Tinsley's bottom, am the widow of Amos K. Tinsley deceased, late of Jackson Co. I am acquainted with Lou M. Fowler, wife of V. M. Fowler.

Ques: How long did she live in Tinsley bottom before she got drowned.

Ans: Two or three years I reckon. I asked her if she signed away her land willingly. She said yes, Poppa Fowler is going to make me a deed to this land up here. It was the John Fowler land. He sold it to them. She said they had better schools and churches up here and she liked living up here better.

Ques: Did V. M. Fowler after Lou M. Fowler's death sell the land to Ruffin Langford.

Ans: I always heard John Fowler made the deed to Vanous and Vanous sold the land to Langford but Lou Fowler thought John was going to make the deed to her. Lou Fowler had as good character as any, believe she drowned May 1878. His daughter Annie was married at the time of V. M. Fowler's death.

Ques: Was Samuel Preston Fowler younger than Annie.

Ans: Yes, Preston was youngest.

My husband Amos K. Tinsley died seven years ago last July. I think V. M. Fowler died the same year as my husband. Vanus M. Fowler was born and raised and lived in two miles of here. He was healthy when he lived here. He went to Texas and came back sick. He was the son of John Fowler.

Ques: Did not John Fowler die of consumption.

Ans: Yes, Clark Fowler his uncle died of consumption also.

/s/ Marget J. Tinsley

George E. Lemons age 46 last July 4. Live dry fork of [?]Mill Creek in Clay Co. I worked at V. M. Fowlers some in Tinsley Bottom.

/s/ G. E. Lemons

DEPOSITIONS Sept 3, 1896:

T. P. Myers age 56. Lived same place, from 1872 til now, about one-half mile from land V. M. and Lou Fowler sold to V. C. Lee.

/s/ T. P. Myers

F. M. Buchanan age 45. I am a carpenter and builder, live Celina, Clay Co. Am acquainted with V. M. Fowler and wife Lou and her father J. G. Cunningham. I was a partner with my father and Bill Speakman in building that house [for V. M. Fowler in Tinsley Bottom] in 1873.

/s/ F. M. Buchanan

DEPOSITION of G. C. Jourdan August 29, 1896 at residence of G. C. Jourdan, Franklin Co [Did not say whether Franklin Co., TN - mlj].

G. C. Jourdan age 63. Was acquainted with James G. Cunningham, V. M. Fowler and wife Lou M. Fowler and V. C. Lee in their lifetime. They are now all dead. I was treating him [James M. Cunningham] in his last illness.

/s/ G. C. Jourdan

DEPOSITIONS [No date]:

J. H. Lynn age 66, live Jackson Co. Was Constable and J. P. Me and Vance [Lee] was raised together. Vance moved from long branch of Roaring River on the farm he bought from V. M. and Lou Fowler, think 1873.

/s/ J. H. Lynn

A. Pharris age 74. Known V. C. Lee 55 years. I've been J. P. 26 years.

/s/ A. Pharris

Jacob Scott. Worked for Vance Lee. Jacob [his X] Scott

Geo. W. Stafford. V. M. Fowler and wife came to V. C. Lee's after money. /s/ Geo. W. Stafford

Hyram Scott. Worked for Vance C. Lee on Roaring River. Hyram [his X] Scott

AGREEMENT: We the undersigned agree to the following. V. C. Lee died intestate. W. H. Lee, S. A. Lee and Emeline and Jas W. Whitaker were his only heirs.

V. C. Lee was living on the land with his heirs at his death September 1891.

October 17, 1892 W. H. Lee and wife and James and Emeline Whitaker sold the land to their brother S. A. Lee who went in possession until he sold to Wm York May 26, 1894, deed was registered.

DEPOSITIONS:

Jonas Stafford age 65. Live about one mile from land. J. G. [his X] Stafford

SEPARATE DEMURRER of R. R. Kirkpatrick to Bill of Complaint of Vanus M. Fowler, Admr of G. W. Mitchell against E. M. Cason.

1st, Complainants remedy if any is in Circuit Court, not Chancery.

2nd, Appears from bill that one Cox has obtained injunction against the sale of said land.

C & M Report in response to interlocutory decree. Defendant failed to pay money into Court, he on 26 October exposed property to public sale... tried to sell a part so as to leave a portion for E. M. Cason including the mansion house as homestead, did not sell for enough to pay judgment... sold entire tract and Vanus M. Fowler became purchaser and best bidder at $1222.08. Land on south side of Cumberland River, Dist. 1 bounded west by Cumberland River, north and east by land of Henry Hall deceased, Norris Crowder and others, being the farm where E. M. Cason now lives including the portion on which Adaline Putty now lives, estimated 250 acres. October term 1874.

SECURITY BOND: V. M. Fowler & John P. Murray, 21 March 1876, $250 to E. M. Cason. We Vanus M. Fowler and John P. Murray are bound unto E. M. Cason, Louis Cason, Tandy Cason & Millard Cason.

/s/ V. M. Fowler, John P. Murray

BILL OF COMPLAINT of Vanus M. Fowler of Clay Co., TN against Edward M. Casson, Lewis Casson, Tandy Casson and Millard Casson of Jackson Co.

Orator purchased by decree of court land where E. M. Cason now lives, bounded by Cumberland River, the late Henry Hall and by the heirs of the late Hyram Minor, James P. Phillips, Noris Crowder, James Raglin including the place where Adaline Putty lived on the 16th March 1872... 250 acres more or less... decree October term 1874, Record Book G page 152. The time of redemption expired 2 October [ink blot].

Defendants committed waste... valuable timber... greatly damaged the land.

Defendants are of doubtful solvency... Orator charges that the object of Defendant is to get all he can out of said place and refuse to redeem it...

The defendants Louis, Tandy and Millard are the sons of the defendant E. M. Cason and are cooperating with defendant E. M. Cason in the destruction... ask injunction from cutting, felling & rafting timber [No date].

BILL OF COMPLAINT of Vanus M. Fowler of Jackson Co. against Robert C. Kirkpatrick of Obion County and Edward M. Cason and Robert A. Cox of Jackson Co.

Henry B. Fowler as Administrator of G. W. Mitchell on 28 September 1865 commenced a suit in Circuit Court of Jackson Co. against Robert C. Kirkpatrick and Edward M. Cason... November term 1865 Henry B. Fowler filed his declaration on a promissory note made by Kirkpatrick & Cason on 30 Nov 1861 for $924.70 payable to Henry B. Fowler as Admr... defendant made pleas... 3rd plea was that payment was to be made in Confederate money, 4th plea was that the note was made in consideration of some hogs sold to aid the rebellion... suit was continued to 16 May 1871, jury rendered a verdict for $1398.60 for the debt and interest in favor of Plaintiff... judgment issued. 14 August 1872 Court House burned... [Still trying to collect - mlj].

NOTICE to Vanus M. Fowler, Administrator de bonis non [distribute balance of estate]. You are ordered to attend and make settlement on Thurs April 1, 1875, est. of George W. Mitchell...

SETTLEMENT 1 April 1875, Estate of G. W. Mitchell, indicated amount due estate of $1737.43 [Nothing to indicate who heirs might be - mlj].

BILL OF COMPLAINT of F. P. Fox, Admr of Jackson Co., TN vs Ada Fox, Otis Fox, Lola Fox, Charlie Fox, Asia Fox & Franklin Fox, all of Jackson Co. Complainant states Ada Fox is his daughter in law the widow of Asia Fox, deceased who was a son of Complainant. Other defendants are minor children of said Ada and Asia Fox deceased and Complainant is their guardian.

Before the death of Asia he and Complainant had made prospective land deals... complainant would sell to Asia certain lands, had received $1100, Asia never had title.

Asia Fox died about October 1, 1912. Complainant did not pay interest on the $1100 but furnished a home for defendants. In addition about $340 came to his hands as guardian.

In view of this, complainant wishes to deed Ada Fox and her children - his grand children - a farm in the 12th District for as long as she remains the widow, unmarried, but no longer. Complainant had given his son Asia Fox $500 of the $1100. 9 August 1915.

/s/ F. P. Fox, by Solicitor

FINAL SETTLEMENT with F. P. Fox, Administrator of L. A. Fox, deceased 25 Nov 1913.

Receipt of A. K. Fox December 8, 1911, amount due on note deceased owed, $106.60 plus interest.

Receipts of S. B. Fowler, C. E. Reeves, J. B. Hix, N. M. McCoin, E. W. Mayberry for medical services 1911 & 1912.

Receipt of Harvey Jerald for Tomb, 20 March 1912, $20.00.

ITEMS SOLD by F. P. Fox as Administrator:

Bay mare sold to A. K. Fox for $150.

Mule colt sold to F. P. Fox for $60.

Thresher box sold to F. P. Fox, $45.

Steam Mill sold to N. W. Fox for $75.

Sorgum Mill sold to A. K. Fox $15.

Deceased held notes on Taylor Flatt, J. D. Flatt, J. L. Birdwell, James Lawson & Johnny Chaffin.

ANSWER of Ottis Fox, Lola Fox, Alton D. Fox, Asia Fox, Harold Franklin Fox by Guardian Geo. G. Haile... Defendants are minors age five to seventeen, deed to them is advantageous.

STATEMENT OF ACCOUNT 1st Monday in March 1876, Sarah Mahaly Williamson, minor heir of Saraha [sic] M. Williamson

Amount received from Thomas Stonor deceased 5 May 1874 $16.127 + int. $1.77 = $17.897

Receipt from Ann Boydston, Guardian to the above minor dated 5 May 1874, $17.897.

RECEIPT: I, Ann Boydston as gardeon [sic] for Sarah M. Williams apointed [sic] on the first of April 1874 on record in Clarks [sic] office Hamilton County, Tenn in Chattanoogga [sic] ... this 5 May 1874 received of John B. Fox $16.12 for Sarah M. Williams estate dew [sic] her of her grand father Thomas Stonors Estate Deacst [sic] in Hart County, GA.

/s/ Ann Boydston, gardian for Sarah Mahaly Willilliams [sic]

RESIGNATION AS GUARDIAN 17 March 1876 of Sarah M. Williams minor heir of John Williams deceased.

SETTLEMENT 1 September 1914: Amount due ward last Settlement, G. S. "C", page 353, $966.50 plus interest of $57.99 = $1024.49.

Itemized account from Guardian for Clothing, books, tuition, Doctors bills & etc. $39.60.

SETTLEMENT 1 Sept 1915, Settlement recorded G. S. Book C page 426.

RECEIPT for Cash received September 12, 1912 of $960.00 from George McDonald's estate from the County Court Clerk of Putnam Co..

/s/ O. G. Fox, guardian of John H. McDonald

SETTLEMENT 1 September 1913, Guardian Settlement Book C page 299, $960.36 and interest on same of $57.62.

Merchandise and school books July 1, 1911 to July 1, 1912 $16.45.

Account paid by guardian for merchandise and school books July 1, 1912 to Sept 1, 1913, $20.93

ITEMIZED ACCOUNT, items furnished John Hampton McDonald, Sept 1, 1913 ending Sept 1, 1914 [partial list]: Shirting, 1 suit, 3 suits underwear, 2 pair shoes, suspenders, 3 pair stockings, cap, 2 pair pants, 2 sweaters, pants, overalls, shoes.

3 Jan 1914, 4th Reader from Prof. Perry 45 cents; Tuition to Thos Perry $3.00.

SETTLEMENT 1st Monday in April 1880... heirs notified. U. H. W. Fox and E. L. Jackson, Administrator of B. A. Fox, Sr. deceased. Personal Property sold 16 March 1878.

NOTICE TO Molly A. Porter, Elizabeth Davis, J. H. Flatt & wife [Cannot read] Flatt, B. B. Fox, Thos Young & Julin Young his wife, M. A. Fox... 1st Monday in April will make settlement with U. H. W. Fox and E. L. Jackson, Administrators of B. A. Fox... you may attend if you choose. 17 Mar 1880.

INVOICE: To B. Anderson Fox, account with D. A. Fink MD for

year 1871 medicine and visits, $50 + interest of $6.20 = $56.20

the hand of Sariah Fox [probably paid by her - mlj]] - 5.60

Due 3rd May 1879 the sum of $51.20

BILL OF COMPLAINT of William Fox and wife Jane against John P. Murray, Wm H. Butler and James Draper all of Jackson Co.

Orator and Oratrix commenced this suit 185[blank] against one Sarah Hall for slanderous words spoken by her about Oratrix Jane wife of William Fox. William Fox employed John P. Murray, Wm H. Butler and James Draper as attorneys. Also employed Samuel Turney. Executed notes to John P. Murray, Wm H. Butler and Turney for $25 each; promised to pay James Draper $25. March 1859 suit was determined against Sarah Hall, verdict of $2000 judgment. William Fox transferred $1600 of said judgment to Murray, Botts, Draper & Turney retaining $400 for himself without the consent or participation of Oratrix...

ANSWER of James Draper said there was no predetermined fee for his services. 4 June 1860.

CAUSE DISMISSED against John P. Murray and Wm H. Botts on payment of one-third costs.

ANSWER of Sarah Hall to Cross-bill of James Draper against her and William Fox and others. True William Fox had a suit of slander against her, determined 9 August 1859... Fox and wife recovered damages of $2000... Fox and wife released all but $875 and costs in order to stop further litigation.

NOTICE OF DEP: Will take deposition on 27 Aug 1860 of Henry Hunt & Elizabeth Hunt in Centerville, Jackson Co. at residence of Andrew Br_?mmer.

NOTICE OF DEP: Will take depositions at Thompkinsville, Monroe Co., KY on 27 Dec 1860 of Ruth Cross, John Ray sr, Silas Ray, Newton Ray, Sally Harling, James Harling, Wm Emmert, Phebe Emmert, Andrew Gwin, Amanda Wood, Jane Putnam and Wm Wood, Willis Eubanks.

ANSWER to Bill by Ruth Fraim against William Fraim, John Right & Cynthia Right and others... says ought not be required to answer... bill does not show cause of action. Fraim admits he and complainant married about 1856... lived happily a short time... she commenced trying to control respondent... subject him to Petty coat Government... having always been a fine responsible white man and a Loyal citizen... refused to submit... denies commenced ill treating her... sometimes cursed and swore when complainant would be abusing him... happily with his first wife who was dead, and they always got along.

Never went to complainant and begged her to come back... after she left him she sent persons to him to get him to take her back and then came herself and importuned him to take her in again... she making him so many promises the suit was compromised... after she returned, one morning she fixed his breakfast and set it on a little low table and put her hand on a table she had brought to the marriage and said that table is George Harlings labor and you shant eat eat on it... showing him indignity. Respondent was supporting her family with pleasure and not grudgingly as she charged... her children were much vexed with her ill treatment to respondent... neither the tears of an old hen pecked man nor importunities of her own children... would bring about reformation...

He did after she provoked him... accused him of getting Emmert to swear a lie, he called her a damn liar... is sorry.

She accused respondent of adultery with one Durhams wife... about to get him into slander suits... Respondent did throw some of her things out and told her if she did not do better she should leave for he was too old to defend Slander suits.

Respondent admits that George Harling left property for his children and his wife the complainant but they have it all yet.

False he did not want complainants daughters to live with them for they was the only comfort... their mother made it a hateful place of discord...

Admits sale of land to John Right and wife and to complainants son Alexander Harling... denies it was done to defraud her... when Complainant was about to get him into a slander suit with two or three persons he give it to his and her children to keep it from being wasted...

Defendants Right and wife file their deed with this answer... Complainant is in possession of said land and houses... burning up the bord [sic] rails... trying to destroy every thing she can on the place... forced to withdraw, he had to find a place to stay, knew he could get employment with his waggon [sic] and team near his brother's in Kentucky a few miles off hauling plank... respondent is near 65 years old... denies he give away or sold or disposed of anything...

Right's wife only lived about 200 yards from his house...

Admits she is several years the youngest, admits he has a few times in his life drank a little too much.

Respondent Right and wife deem it would be right to set aside the deed... be declared void.

Sworn before me... J. P. of Jackson Co.... 18 July 1860.

/s/ John Right, William Fraim, Cynth Ann Right

DEPOSITION 5 Sept 1860:

Henry Hurt [or Hunt or Hart]. Age 57 or 8. Lived adjoining house to parties something like two months. One night I heard her throw up some women to Fraim and he said she ought to be ashamed... old gray headed man like him. I am hard of hearing. My wife didn't hear it. She had gone back in the house.

I was behind the barn next morning, saw him throw out a box or chest and her bed and some other things. There was no other person there except my families my wife sons Jo., George daughters [?]Harriet, Margaret, Elizabeth, Mary, Louisianna and son Jones [or James].

Henry [his X] Hart

DEPOSITIONS 4 Feby 1861:

Sarah Harlan. Complainant is my mother in law. I am not related to the other parties except Alexander Harland and wife who are my brother in law and sister in law.

I heard her say the old man requested her to give Sam a bed and she did so. I bought some of her property. She had but little... She was always hard to get along with. I think she was about the same thing with all the family. 8 July 1861.

Sarah [her X] Harling

John Hatcher age 41. She got me to go to him to get him to live with her again. She was then living on the Crofford farm with her son. She said she had heard it said Fraim was coming down to see her. [I worked] for complainant's husband... they got along well. Know nothing against complainant's character.

/s/ John Hatcher

John A. Ray Jr. age 28. Heard Marinda Harling say something about Fraim had treated her kindly... something about treatment of her mother.

Ques: Have you not been raised by both or all the parties... known them all your life.

Ans: I have for about 16 years... Never heard anything against old man or John Right.

Miss Marinda Harling was living at my father's house... never heard her chastity questioned, would give full credit on oath. 30 Nov 1860.

/s/ J. A. Ray

Abraham Cross age 20. Know parties. She said she wanted to live with him... if he would make a home for her and her children for she could not live the way she was living. This was July or August before they got back together. She then was living with Willis Eubank in Monroe Co., KY.

Ques: Have you heard Complainant charge him of illicit... relationships with other women?

Ans: I heard her throw up Thomas Durham's wife... Durhams wife's character is good as far as I know.

Ques: Have you ever heard the old lady [Mrs. Fraim] try to get your mother to try and get the old man to live with her... when they lived apart.

Ans: I did before they got together the last time.

Cross-Examination:

Ques: When was it?

Ans: Last summer a year ago... once when my mother was present and once when Peggy Cross was present... at my mothers and fathers house.

James Harling is a son of Complainant's.

/s/ Abram Cross

Peter Light age 37. I moved to William Fraim's farm 1857, think Sept and left Dec 1859. They parted Aug or Sep 1857 and got together in 1859 about this time. She lived with her son Bull?ard a while then moved to Willis Eubanks till she moved to her son Sam's before they got together about Christmas 1858.

Ques: Did she keep anything at the door... threaten to kill...

Ans: She took her battling stick [used to wash/beat clothes - mlj] to the river and said if Polly Ann Britt, Grant Britts wife came there she would use it on her.

I think they were married in the fall of 1856 about two months before I commenced working for defendant. Defendant was a drinking man - would come home drunk. Defendant was high tempered, don't know that I saw him overbearing...

Ques: Say if Miss Marinda Harling, daughter of Complainant, did not cut the most of the wood that summer... work in the field frequently.

Ans: ... a right smart... Her character is good.

/s/ Peter Light

William Plumlee age 68. Known Wm Fraim from his boyhood - he is about 65. Known her about 20 years, lived 2 - 2 1/2 miles pretty much since I've known him.

Ques: Was you present in 1858 when they got together last time?

Ans: I was. Mrs. Fraim was at her son's on that day me and him went there together and I was pretty tight and old Billy (that is defendant Fraim) was pretty drunk... made no compromise that night.

Ques: Did they live close... did she know his character before they married...

Ans: In George Harlin's her first husband's lifetime, they lived 3 or 4 miles and closer many years... his character was the same... her son married his daughter and lived close to Fraim several years.

John Wright is entitled to full faith and credit.

John Ray Jr. is a clever young man, would give full credit, character good on all reports. Defendant is a high tempered man.

Ques: Say if you are acquainted with Nancy and Marinda Harling...

Ans: Truthful and virtuous girls.

/s/ William Plumlee

BILL OF COMPLAINT of Ruth Fraim of Jackson Co. against Wm Fraim and A. M. Hestand of said county. Intermarried with William Fraim about a year ago... believed from his appearent [sic] affection... in a few days started cursing and abusing... drove her from house, refuses to provide, unsafe to cohabit... both tolerable old both having been married before [Lists personal property - mlj]... said Fraim now has possession except what he has sold... he is the owner of a tract of land worth $2000 and a store in the State of Kentucky worth $1000 about one mile from where he lives in the State of Tennessee. Owns notes, one on A. M. Hestand for $800 - $1000... others. 3 Sept 1857.

Ruthy [her X] Fraim

COMPROMISE 3 November 1857. Suit dismissed at Complainant's cost... personal property now in her possession except what has been used up by the family... defendant to pay her $100 for said... between now and January next.

DEED: I, William Fraim for esteem I have for my daughter Syntha Ann Right... give my land in Dist. 14 Jackson Co. estimated 65 acres more or less on waters of line creek bounded... begin two dogwoods and a walnut in the State line... John Brays south boundary line... west to a rock in the road, northeast to the Spring branch to a rock in Bray's line... bounded by Aaron Bray, Jane Wood and John Ray. 5 September 1859.

/s/ William Fraim

Wits: /s/ Peter Light, /s/ J. T. Wood, /s/ L. B. Cherry

Thomas C. Durham about age 38. Was at Fraims when they parted. I helped him move.

/s/ Thomas C. Durham

Phebe S. Emmert [First part missing]. Lidda Tollman came by my house, had no such conversation [dim; difficult to read; something about John Fraim Junr - mlj] ...just before they parted the first time.

Phebe S. [her X] Emmert

William Emmert. I was living near Fraim when they married - about 250 yards.

William [his X] Emmert

Miss Nancy Jane Ray age 28.

Ques: State whether you ever heard Marinda Harling say in your presence at your father's house...

Ans: I heard her say that she thought one was just as mean as the other.

/s/ N. J. Ray

Silas Ray [No age]. State if while Marinda Harling lived at your father's John Ray...

Ans: I heard her... say her mother was as much to blame as the old man Frame...

Ques: How long did Marinda live at your father's.

Ans: Seven or eight months.

I have known Marinda about 15 years and Nancy the same length of time.

/s/ Silas Ray

Ruth Cross age 46. Mrs. Frame came to my house and asked my son to go see Mr. Frame and see if he would give her a piece of land to live on for her and her children...

Ruth [her X] Cross

Miss Amanda Wood age 20.

Ques: Say if the Complainant brought... property to your mother's house...

Ans: She brought the property a few months before they parted the last time.

I heard her say something about Jennie Durham, Lindy Cherry and Polly Ann Britt... accusing the old man of being too intimate.

I heard her say she had not slept with the old man since Marinda came home from Esqr John Ray's.

Ques: Do you not know she got mad at you after she came to your house and tried to get you and your brother Jesse to discredit Mrs. Emmert...

Ans: She tried to get me to discredit Mrs. Phebe Emmert... told her could not, think she got a little mad.

Amanda [her X] Wood

Jasper Wood age 22. She [Complainant] brought clothes, bed clothes, bed bat [to my mother's]... mother sent it up to Mr. Brays. She came and wanted my mother and sister and myself to discredit [Emmerts] about four weeks ago... she has not appeared friendly since.

Margaret Cross age 42.

Ques: State if you were at the house of John M. Fraim and old Mrs. Fraim came there with Phebe Emmert...

Ans: Mrs. Ruth Frame and Mrs. Phebe Emmert came there... the old man Mr. Frame got up and opened the door and she [Mrs. Frame] came in... He told her Polly Ann was not very well... John M. Frames wife (son of deft Mrs. Fraim) was not well that night. I am well acquainted with Polly Ann Frame... well thought of as any woman. It has been three or four years. John Frame had been gone about three months, he got back home about two weeks afterwards. His wife Mrs. Frame was not confined till after her husband John Frame got home. 31 December 1860.

Margaret [her X] Cross

DEPOSITION 23 January 1861 of Willis B. Eubanks age 44. Known Ruth Fraim 17 - 18 years. She stayed a short time at my house in the State of Kentucky, about 20 of last Feby nearly three years ago. She moved back to Tennessee about the last of Novr same year.

/s/ W. B. Eubanks

DEPOSITIONS 28 November 1860:

Nancy Harland about age 20. I am the daughter of Complainant. I have lived and been about the house of my Mother and Mr. Fraim whilst they lived together. Fraim was very ill and cross to my mother... would curse her... seamed [sic] to get made about some little fool thing... refused to let us ride the horses Mother had when they married - said he would cut their throats before we should ride them. Mr. Fraim told her he wanted her to give all she had to her children and go back and live with him and he would treat her right and on that she did go back.

My mother belongs to the Christian order church. He would curse the Christian order church.

/s/ Nancy Harlin

Daniel Pennington age 79. Known complainant about 40 years and from her childhood. She treated her first husband kind and affectionate... as any woman, she is of good character. Her husband was very afflicted in the latter part of his days.

Daniel [his X] Pennington

John C. Conkin about 49. Known complainant since 1845, good character.

/s/ J. C. Conkin

J. T. Wood about 37. Known her since [18]55, good character far as I know. Lived 1 - 2 miles in 55. Known old man Fraim and John Right 15 - 20 years, good character far as I know.

/s/ J. T. Wood

A. J. Martin age 31. Known Mrs. Fraim about 15 years, good character. Report is he is tyrannical when drinking, heard nothing about his disposition when sober. Heard she is high tempered... inclined to have her own way.

In 1859 Emmert rented and cultivated Fraims farm and Britt in 1860.

Fraim told me he had lost two fine horses that cost over $300... that he was broke and could not pay his debts and he was going to Arkansas to his sons house.

I went to his house to see about buying a horse. He wanted her to fix dinner and she said she couldnt cook dinner and make soap too.

/s/ A. J. Martin

Alexander Harland about 32. I am a son of the Complainant.

Ques: For how long before your mother and your father-in-law's marriage had she been intimately acquainted with him.

Ans: She was acquainted about 20 years. They were acquainted since I was married. They were acquainted with each other before but not intimately.

Last time he left I let her have some meal and meat. He paid me back.

/s/ A. Harling

Green B. Hix age around 43. Nothing new. /s/ G. B. Hix

Miss Marinda Harling age 15. I am the daughter of Complainant. Last time he left he took everything he had, furniture, corn, meal, meat, coffee, slop jar. He did not leave anything to eat. We got our provisions from brother Alex Harlings. I did not see him take it... but dont know where it would go.

The defendant would go off and boarded at Marlin Wrights...

/s/ Marinda Harling

Elizabeth Pennington age 58. I have been acquainted with her [Ruth Fraim] 29 or 30 years ever since I have been in the County. I got acquainted with her the first year that I come to this Country. Complainant was in the store [Mr. Gee's - mlj] at Thompkinsville [Monroe Co., KY - mlj] when I got there. Complainant went to hunt defendant and come back without him and Mrs. Gee invited Complainant and witness and Mrs. Thompson to diner [sic] and Mrs. Fraim and Mrs. Thompson went and while they were gone Fraim came to the store and traded some when defendant got done trading Complainant told defendant she was ready to go home and he said to complainant Ruth lets go back to the grocery and drink something and she refused to go and he and William Ford did go back to the grocery... The defendant was drinking very high.

Cross-Examination by W. P. Witcher, defendant's attorney

Ques: From what Country did you come from when you came their.

Ans: I come from East Tennessee.

Ques: From what country did your ancestors come from.

Ans: I dont know where they all come from for my part.

Ques: What color were they.

Ans: Same color you are I recon [sic].

Ques: Was they all white folks and dont you think I am tolerable black?

[Question excepted to by Complnt]

Ans: I recon you have seen some of them they are as white as you are some of them a good deal whiter.

Ques: Was they allowed to vote in the country where they lived.

Ans: I never knowed one to be refused where they lived nor no other place.

Ques: Dont they call themselves Portegese or something like that.

Ans: They was French I reckon.

Ques: Dont you know you all call yourselves Portugese.

Ans: Some of the old ones called themselves that some people called them French I reckon they was.

Ques: Are you or not tolerable dark yourself.

Ans: You see how I look dont you.

Ques: You say Mr. Frame got drunk one time and treated his wife so badly that she had to leave him did you see any of that or who told you so.

Ans: I did not see it myself her daughter told me - Mrs. Wright.

Ques: Was that his first wife or his last wife.

Ans: His first wife it was soon after his daughter married.

I have lived within one mile of defendant 31 or 32 years except four years.

Elizabeth [her X] Pennington

Elizabeth Duncan age 33.

Ques: Say if Fraims first wife came to John M. Fraims one night crying...

Ans: Cant tell you any more only she was crying.

Ques: Are you any relation to Elizabeth Pennington who has just deposed.

Ans: Yes sir she is my aunt.

Ques: Are you married or single.

Ans: I never was married.

Ques: How many children have you ever had if any was it by a married or single man.

[Objected by defendant's attorney Witcher as irrelevant]

/s/ Elizabeth Dunken

Aaron Bray age 46.

Known complainant 20 odd years, now live about one-fourth mile. Think complainant and defendant married last of August or first of Sept 1856, together one year before they separated the first time, together near fifteen months when they separated last time.

Acquainted with tract of land in dispute, bounded on east and west by my land and north by the State line and south by Alexander Harlings. Think 150-160 acres, worth $700 - $800.

Ques: Say if you witnessed a deed made by deft Wm Fraim to Cynthia Wright the wife of John Wright a defendant in this suit and daughter of defendant.

Ans: I witnessed a deed of that sort for a part of the land described.

Ques: Did defendant destroy a deed at your house.

Ans: Yes... didn't say why.

/s/ Aron Bray

Joel Moore about 45. I am a merchant [Character testimony]. /s/ Joel Moore

Andrew Boman age 46. [Character testimony]. Andrew [his X] Boman

Baley P. Bray age 19. Live about one-fourth mile from complainant and defendant... got along well except once I was there and he was drinking. Defendant said complainant had threatened him with James Harling and defendant said he was no Temps Woods man.

The complainant got supper and invited him and the balance to eat - no one ate - complainant set things up or covered them up, and stepped out. Defendant cursed and hollowed around right smart... asked her [politely twice] for some shugar [sic] to sweeten his liquor the old lady said there was no sugar to sweeten whiskey with they was not more than enough to sweeten coffee. After complainant was gone the defendant took the sugar out of the drawer and put what he wanted in his liquor and scattered the balance over the floor, threw the balance all over the floor. He threw ashes on the floor over the sugar and then threw water on the ashes on the floor.

Ques: Were you present at your fathers house when defendant destroyed a deed...

Ans: I do not think I was...

Cross-Examination by defendant's counsel

Ques: Don't you know that the old man when he was threatened by James Harling and he said he was no Temps Wood man that James had shot Temps Wood and did he or not say I ought not to have said that, that James and me is good friends.

Ans: It is understood by all that James did shoot Temps... I dont recollect he said anything more about Jim.

/s/ Baly P. Bray

Above depositions filed 7 Jany 1861.

BILL OF COMPLAINT of Ruth Fraim of Jackson County against Wm Fraim of Monroe Co., Kentucky, John Right and wife Cintha Ann Right, Alexander Harland and wife Mary Ann Harland all of Jackson Co.

About Sept 1856 she and Wm Fraim was married, happy a short time... commenced abusing... unkind, using ill language. She commenced action for support, he begged, they compromised, she went back...

... he had three children by his first wife.

When she married she had two minor daughters living with her... when she went back the 2nd time she had but one the youngest about 13 years old who had means in the hands of her guardian. Defendant appeared displeased to have her live with them and hoping to quiet him complainant procured her a home although it was painful to give up her last child... finding it did no good she brought her back.

Defendant Wm Fraim in 1859 deeded his land or two-thirds of it to two of his daughters to wit Mary Ann Harland the wife of Alexander Harland and Cynthia Ann Right the wife of John Right... some years ago Wm Frame sold or give to his son John M. Fraim a portion of the land. His son concluded to move from the country [Arkansas; see dep of A. J. Martin - mlj] and sold the land back to his father. Defendant said if he couldnt drive her off hed let her starve... 2 June 1860 sold bacon, meal, corn, took everything except her bed and clothing... went to State of Kentucky where he has about 130 acres... bounded by Aaron Bray, Harland and others. Defendant often said he had given his property away to keep complainant from getting any of it. Defendant William [Fraim] has rented about 20 acres to his grand son Marlin Right.

Asks deed to Mary Ann Harland and Cynthia Right be set aside and vested in Complainant for her support and to pay costs of suit.

ANSWER of John Fraim to Bill of Complaint against him and Sam E. Hare. He and co-defendant are Executors of the Last Will & Testament of John Fraim deceased... as to allegation of complainant that he borrowed $800, knows nothing... Co-defendant Hare and a certain Watson M. Cooke... Novr term 1844, judgment recovered against them... Hare & Cooke did not plead usury... 26 September 1845.

/s/ John M. Fraim

BILL OF COMPLAINT of Samuel E. Hare of Jackson Co. against John Frame a citizen of Monroe County, Kentucky and William Frame of Jackson County, Tennessee, Administrators of John Frame Sr. deceased.

Orator in 1837 borrowed from John Frame Sen, since deceased about $800, executed note, was to pay ten per cent interest, annually renewed up to 1842 when debt was reduced by payment of $360. Orator and Watson M. Cooke executed joint note for balance... was Orator's debt. John Frame and William Frame as Administrators of John Frame sen deceased sued and obtained judgment. 6 May 1845.

BOND: John M. Frame, William Frame and P. H. Leslie to Sarah Frame, Jane Frame, Zeberry Shelton, Elizabeth Shelton, Temperance Shelton, Leroy Clements, Henderson Clements, Montgomery Clements, Sarah Clements, Christopher Clements Jr, George Clements, Lafayette Harling, Jefferson Harling, Nancy Harling, Andrew Clements and Prior Frame... for $250... have this day filed Bill of Complaint. 22 June 1854.

/s/ P. H. Leslie

BILL OF COMPLAINT of William Frame guardian for Jane Frame and Sarah Frame against Alexander Harland and John Frame, the former a citizen of Jackson Co. and the latter a citizen of Kentucky.

John Frame senr a citizen of Jackson Co, Tennessee who was father of orator and husband of said Sarah some years ago departed life in Jackson County. At the time of his death his widow was a deranged woman and had been for some time, still remains in such state... further states that his daughter Jane was an Ediot [sic] void of mind sufficient to direct her through this world... Orator applied and was granted guardianship of his mother and sister... believes Alexander Harland and John Frame have appropriated money and other personal property left to Jane and Sarah by the will of John Frame, deceased.

BILL OF COMPLAINT of John M. Fraim of Monroe County, Kentucky and William Fraim of Jackson Co., TN against

Sarah and Jane Fraim of Monroe County, Kentucky, Zeberry and Elizabeth Shelton of the State of Illinors [sic; Illinois], Temperance Stone, Leroy Clemons, Henderson Clemons, Montgomery Clemons, Sarah Clemons, Christopher Clemons Jr., George Clemons, Lafayette Harling, Jefferson Harling, Nancy Harling and Sarah Harling of Jackson County, Tennessee, Andrew Clemons of Bradley County, Tennessee and Prior Fraim of Shelby County, Tennessee.

Orators show in the year 18[blank] their father died in Jackson County, Tenn... made Last Will & Testament. Orators appointed Executors... qualified... long since settled the estate.

Devisee Sarah Frame was the wife of testate and mother of the other devisees. She was, as was also the devisee Jane Fraim, afflicted in mind... incompetent of taking care of themselves.

Sarah became a confirmed maniac and has continued so... has had to be kept closely confined and guarded a great many years.

The said Jane has continued to weaken in mind. Orators being sons of Sarah and brothers of Jane have been taking care of them and managing the estate since the death of their father. Sarah and Jane have been kept in the family of Orator John M.

Certain lands, three negroes and personal property were bequeathed to Sarah and Jane for their natural life or while remaining single...

Rent of land amounts to but little. Negroes Hampton and Lamar are becoming old, decreasing in value and annal [sic; annual] hire. Negro Alzira is from 15 to 18 years of age and considerably afflicted and at this time gives prospect of bearing children her annual hire without the encumbrance of children is but little and if she commence bearing children she will be a charge instead of a help. Believe it better for said land and negroes be sold... Rent of negroes and land not sufficient to care for Sarah and Jane.

The only children and heirs who survived Testate are Orators, said Jane, Prior Frame, Temperance Stone whose husband is dead and she is now a widow, Elizabeth Shelton and her husband Zeberry Shelton, Polly Clemons who has since died leaving children Leroy, Henderson, Montgomery, Sarah, Andrew, George and Christopher Clemons Jr. and Matilda Harling who has since died leaving defendants Lafayette, Jefferson and Sarah Harling her only children and heirs.

ANSWER of Pryor P. Fraim to Bill of Complaint of John M. and William Fraim against Respondent, Jane and Sarah Fraim and others... True John Fraim died and left a will... denies the necessity to sell land or negroes... due to mismanagement of Complainants...

Shelby County, Tennessee 26 December 1854. /s/ P. P. Fraim

LAST WILL & TESTAMENT OF JOHN FRAIM

I, John Fraim, being of sound mind and disposing memory... my Last Will & Testament...

First my daughter Jane my slaves three in number Hamton, Lamor, Aliza also $300 cash these slaves and the money to be for the support of my Daughter Jane and my wife during their natural life or living single also my tract of land with all its appurtenances thereunto belonging or in any wise appurtaining also two farm horses towit the [sic] that we formily [sic] use [sic] on said farm also two cows and two Beads [sic; possibly beds - mlj].

Secondly all my notes to be collected and the money arising be equally divided between my children to wit and all my stock except that which I above mentioned to be sold and the money arising from them to be equally divided between my children except my daughter Jane,

Thirdly one share to my son William and his heirs forever.

Fourthly one share to my son Prier and his heirs forever

Fifthly one share to my daughter Polly and her heirs forever

Sixthly one share to my daughter Elizabeth and her heirs forever

Seventhly one share to my daughter Temperance and her heirs forever

Eighthly one share to my son John M. Fraim and his heirs forever

Ninthly one share to my daughter Matilda and her heirs forever

Tenthly my will is to have my sons William Fraime and John M. Fraime I appoint them my lawfull Executors of the present will In witness whereof I have hereunto set my hand and affixed my seal this 18th day of October in the year of our lord 1842.

/s/s/ John Fraim

Signed, sealed and published and declared...

Attest: Abraham Hestand, John C. Allen

AMOUNTS RECEIVED by John M. Fraim for hire of negroes beginning of the year 1847 to end of year 1855:

1848 Temperance Stone 120.10

1849 William Fraim 133.20

1850 William Fraim 111.50

1851 William Taylor 130.50

1852 Saml & James Ray 125.00

1853 Saml & James Ray 145.00

1854 Saml & James Ray 150.00

DEPOSITIONS 14 June 1853 [or 1855?]:

Abraham Hastan age 52. Known Jane and Sarah Frame about 30 years. Old lady deranged since early 1847 perhaps longer... has to be confined and is noisy - guess about 70 years of age. Think it would be around $100 annual to keep her and half that to keep Jane.

/s/ A. M. Hestand

John M. Fraim age 42. Had Jane and Sarah at my house from beginning of 1847 to November 1847 at which time Wm Fraim as their trustee entered into an arrangement in writing as to their future... negroes Hampton, Lamar and Alzira came with me when Jane and Sarah did.

/s/ J. M. Fraim

Samuel Martin about age 55. Known Jane and Sarah since 1847 and before... require constant attention.

/s/ Saml Martin

Aron Bray age 41. Jane is nearsighted - don't know about her mind.

/s/ Aaron Bray

PETITION CERTIORARI, County of Jackson, State of Tennessee } 5 July 1847 of Jane Frame... Some years ago her father departed life in the County of Jackson, said state having made a last will & testament. Two of her brothers William and John M. Fraim were appointed executors... left land and three negroes Hampton Lamer & Eliza to herself and mother (the last a lunatic). In 1845 her mother and herself removed to her brother John M. Fraims in Kentucky. Her brother hired the negroes to her brother in law Alexander Harland... term of two years. She and her mother removed to the house of said Harland where they since resided.

Petitioner states her brother William filed February Session of Jackson County... to have petitioner declared an Ediot and her mother a Lunatic... believes she is capable of managing her business as well as her brother William and she no Idiot... believes it a trick to get possession of her property... true her mother has been a lunatic 17 or 18 years.

Jane [her X] Fraim

ANSWER of Y. C. Clark to Bill of Complaint of B. J. Frankland. True J. M. Burris and Respondent bought the mill and fixtures, executed notes. Respondent took charge, paid off note and paid $87.33 on 2nd note, Burris was to pay balance, believes he has made some payments. 23 June 1893.

REPORT OF SALE: After advertising, 15 March 1895 B. J. Franklin became purchaser of mill, fixtures and land being high bid. Elijah Carlisle tract $50, Gore tract $50, Maxwell tract $100, Billy Adcock tract $50. Saw and grist mill now in Metcalf Co., KY and grist mill in Red Boiling Springs.

DEPOSITION 3 March 1894.

John M. Burris age 53. Mr. Clark and me bought a mill from Mr. Franklin for $1350 on credit without seeing it, being in the State of Kentucky. Went after it, took it down and put it where it is now. If I had gone to see it, wouldn't have given that.

/s/ J. M. Burris

CAUSE HEARD: Mary L. Manier is widow of Allen Manier, deceased, entitled to homestead and dower. Deed of Gift, Allen Manier to Amon Manier is subject to right of homestead, states "to me and wife Mary L. Manier of $1000".

ORDER FOR DOWER: 15 March 1880 [Plat map filmed; dower 36 1/4 acre, homestead 53 1/4 acre in land of Allen Manere deceased on the south side of the road from Granville and up Martin's Creek.

BILL OF COMPLAINT of Elmore D. Sadler and wife Tennessee of Putnam County, TN, James W. Fravelle and wife Melissa Fravelle of Smith Co., TN against

Amon H. Manear, L. F. Manear, James Allen Manear, Mary L. Manear, Frank Manear, Mila Manear, James Carter and wife Deanna of Jackson Co., TN and Matthew M. Manear and Allen Sadler of Putnam Co., TN and Thomas Manear of parts unknown to complainant.

Allen Manear departed life intestate in Jackson Co. about 29 June 1878. Complainant Flavelle is Administrator, qualified September term 1878.

Complainant Tennessee Sadler who intermarried with Elmore D. Sadler and Complainant Melissa Fravelle intermarried complainant J. W. Fravelle are daughters of Allen Manear.

Defendant Mary L. Manear is his widow.

Defendants L. F. Manear, James Allen Manear, Matthew M. Manear and Deanna Carter who intermarried defendant James Carter are children and only heirs of James Manear deceased who was a daughter of Allen Manear deceased.

Frank Manear and Mila Manear are children and only heirs of Elizabeth Manear deceased who was a daughter of Allen Manear and who intermarried with defendant Thomas Manear.

Defendant Allen Sadler is a son of Deanna Sadler now deceased who was a daughter of said Allen Manear deceased and who was the first wife of complainant E. D. Sadler.

Defendants Matthew M. Manear, Frank Manear, Mila Manear, Allen Sadler, James Allen Manear and L. F. Manear are all minors and have no general guardian.

Allen Manear owned land in Jackson Co., TN on Martin's Creek, Dist. 5 formerly Dist. 15, estimated 200 acres... begin stake in Martin's Creek... Wm L. Lewis south boundary line of his 3850 acre tract... Lewis M. Holleman's northeast corner, run... eat side of said creek... to Albert Stantons northeast corner... to bluff opposite the old Mill site... branch near where a road crosses... Susan Hollemans line to T. J. Lee's 160 acre tract... Wm T. Lewis line... not susceptible to partition... only valuable for cultivation.

Amon Manear has been in possession since the death of Allen Manear and is liable for rents.

/s/ J. W. Fravell

AMENDED BILL OF COMPLAINT of James W. Fravell and wife Malissa of Smith Co., TN and Elmore D. Sadler and wife Tennessee of Putnam Co., TN against

Amon H. Manear, L. F. Manear, James A. Manear, Mary L. Manear, Franklin Manear, James Carter and wife Deanna of Jackson Co., TN, Matthew Manear and Allen Sadler of Putnam Co. and Thomas Manear of parts unknown.

Complainants 1st September 1878 filed bill... A. H. Manear the party in possession is insolvent and if permitted to retain possession... can't pay rent.

Mary L. Manear is the widow and relict... entitled to dower.

ANSWER of Amon H. Manear to Bill of Complaint... denies insolvent. Is in possession of land by deed from his father dated 18 November 1876. His father had a right and reason to convey land... useless and vexatious litigation.

ANSWER of Mary L. Manear... she is entitled to dower. 27 September 1878

/s/ Amon H. Manear, s/s Mary L. Manear

DEPOSITIONS 12 May 1860:

John K. Fox age 52.

Ques: State what you know about the sale of the interest of R. W. McClendon in the estate of Jessie McClendon, deceased his father to defendant Maria C. Gailbreath.

Ans: About 4 - 5 weeks before R. W. McClendon moved from this county I sold him a wagon and steers for near $100. He paid $8, a note for $75 on Fox Chaffin, and the balance of $16 Maria C. Gailbreath paid me. R. W. McClellan told me at the time that he had sold his interest so the $16 was part payment.

/s/ John K. Fox

Robert O. Rodgers age 35. Last September or first of October 1858 [R. W.] McClendon wanted to buy a sow [or saw] from me and wanted Maria C. Gailbreath to pay for it. I went with him to her house... I heard them both say he had sold his interest in his father's estate for $1350.

R. W. McClendon was at me for two or three months before he moved to sell me his interest. Jesse McClendon died in the year 1850. R. W. McClendon lived in Jackson Co. in the neighborhood of his father to the time he moved off in 1858.

R. W. McClendon crossed the Cumberland River at Botts Ferry 9 November 1858 as he moved off. Mariah was to send the money. At night R. J. C. Gailbreath came to where they camped. Next day he had the money.

/s/ R. O. Rogers

CAUSE HEARD 10 Feb 1860 on report of C & M of the sale of undivided interest of Henry H. McClendon in the land and slaves mentioned in pleading.

Bank of Tennessee 13 March 1858 recovered judgment against Henry H. McClendon and John P. Murray, R. J. C. Gailbreath and Thomas J. Draper who were his security, $999.64 plus costs and interest, total $1127.48. Henry H. McClendon conveyed to said security his interest to secure said debt... land on Flynns Creek... corner between Susannah McClendon and Joshua Haile on the north bank of the creek with its meanders to a bluff... to Joshua Draper's line... crossing the creek with the line once Beverly Graves, now Rebecca Lee's, south with the old Parker line to Joshua Haile corner, 100 acres more or less, and the following negro slaves, to wit:

Violet age about 90, Samuel about 55, a woman named Mary about 25, boy Jerry 14, girl Maria about 12, boy William Burr about 10, girl Nancy about 8, boy Jesse 6, girls Caroline 5 and Katherine 5, boy Governor 2, girl Malinda 18 months old which is one-seventh part to be vested out of Henry H. McClendon and in the President and Directors of the Bank of Tennessee.

BILL OF COMPLAINT of H. S. French, J. C. French of Davidson Co., Tennessee against Robert W. McClendon of the State of Missouri, Charles Hopkins, Mariah C. Gailbreath and her husband Robert J. C. Gailbreath, Susannah McClendon, John P. Murray and Thomas _ Draper of Jackson Co., Tennessee, Henry H. McClendon of the State of Texas, Charles D. Wade and wife Mary Wade of the State of Missouri, John Rogers and wife Elizabeth Rogers of the State of Illinois, the children and heirs of George McClendon deceased of the State of Arkansas, Thomas Martin and wife Jane Martin of Overton County, Tennessee, defendants.

Complainants are merchants doing business under the style H. S. French. 9 December 1854 they recovered judgment against Robert W. McClendon, Henry H. McClendon and Charles Hopkins, who were trading under the style of Robert W. McClendon & Co. of $341.37 and costs.

Several years ago Jesse McClendon departed life in Jackson Co. having a Last Will & Testament... devised all his property to his wife defendant Susannah McClendon who is still living and is yet his widow during her life and after her death to be divided equally among his children except a daughter [blank] who was to have a half share more than the other children, and she has since died intestate without issue never having been married.

Remainder of estate after the death of Susannah McClendon belongs to Robert W. McClendon, Henry H. McClendon, Mariah C. Gailbreath, Jane Martin, Mary Wade, Elizabeth Rogers and the heirs of George McClendon, a deceased son of testator. 25 October 1858.

DEPOSITION of J. G. Campbell age 39. Was acting Justice of the Peace 20 October 1858. At a public gathering in Flynn's Lick that day I told R. J. C. Gailbreath that H. S. French & Son were taking steps to collect debt.

/s/ J. G. Campbell

DEED: R. W. McClendon for $1300... sold to Maria C. Gailbreath my interest in land in District 11 estimated 100 acres. Also negro Samuel about 55, woman Violet about 90, Mary age 25, Jerry age 14, Marie 12, William Bur 10, Nancy 8, Jesse 6, also two girls about 5 Caroline and Catherine, boy Govner about 2, girl about one month Malinda... being one-seventh part in property of Jesse McClendon deceased. 20 October 1858. Recorded 20 October 1858, Book K, page 392.

[COPY] OF LAST WILL & TESTAMENT OF JESSE McCLENDON/McCLELLAND

I, Jesse McClelland of Jackson County, Tennessee... very sick... sound and disposing mind... soul to God... body buried... worldly estate I dispose of in the following manner.

My loving wife Susannah should keep all the little property at her discretion during her natural life or untill the first of our children comes of age or marries... give to such child so married a Feather Bed and furniture and a horse and saddle with such other articles as my wife can spare... each made nearly equal as property will allow except my daughter Nutty who is subject to fits... should have half a share more... my wife shall have sole management... appoint her Executor. 1 June 1827.

Jessee [his X] McClendon {Seal}

Witnesses: /s/ Nathan Montgomery, /s/ Robert White, /s/ S. Williams

ANSWER of Robert J. C. Gailbreath and Maria C. Gailbreath to H. P. French and J. C. French. The legatees of the Last Will & Testament of Jesse McClellan are correct. Have no knowledge of debts of R. W. McClelland and Henry McClelland. Untrue he sold his interest to hinder debt recovery. 23 April 1859.

/s/ Maria C. Gailbreath, /s/ R. J. C. Gailbreath

BILL OF COMPLAINT of Leroy B. Settle of Wilson Co. against Susannah McClellan, Robert J. C. Gailbreath and wife Mariah C. Gailbreath of Jackson Co., Tennessee.

Jessee McClellan died in Jackson Co. in the year 1850 having first published his Last Will & Testament and Susannah was Executrix. At the time of his death Jesse McClellan was indebted to Orator and on 31 Jany 1852 he recovered judgment on Susannah McClellan of about $246.17 less $100 paid by Susannah McClellan on 23 February 1854. Dated 24 July 1860.

DEED: I, Susannah McClelland of Jackson County, Tennessee for the love and affection I have for my daughter Maria C. Gailbreath wife of Robt J. C. Gailbreath... for her sole and separate use and benefit... independent from the control of her husband or any future husband... negro woman Vilet age 85, man Sam 55, woman Mary 23 and her three children Catharine and Caroline age 5 and Govenor about 2, a boy Jerry 14, girl Maria 12, boy William Bur 10, girl Nancy 8, boy Jessee, a girl six years old.

Also land in Jackson Co., estimated 100 acres more or less... Flynns Creek. 21 August 1858.

Susannah [her X] McClelland

Acknowledged & Recorded 23 August 1858 by S. W. Cassetty, Clerk of Jackson Co. Court

ANSWER of R. J. C. and Mariah C. Gailbreath to Leroy B. Settle. True Jesse McClendon died in Jackson Co., TN 13 May 1850, made a will, Susanah McClendon was appointed Executrix and qualified 3 June 1850.

Denies Leroy B. Settle recovered a judgment for $256.17, that Susannah was security... no where to be found.. That Susannah was security for Henry H. McClendon for $186.92 and same was stayed... 9 August 1860.

DEPOSITIONS:

Robert W. McClendon age 28. The note you showed me marked Exhibit A was not signed by Susannah, it is the writing of Henry H. McClendon. She has not signed her name on anything in many years, makes her mark. Susannah is the mother of H. H. McClendon.

/s/ R. J. C. Gailbreath

Jamison Brown [No age]. Was deputy sheriff in 1856.

/s/ Jimmerson Brown

POWER OF ATTORNEY: State of Arkansas, County of Franklin} 19 December 1879

I, Robert A. McLennon of Franklin Co., Arkansas appoint W. M. Gailbreath as my power of attorney to receive and receipt funds I may have coming from the estate of my grand father Jesse McLennon.

Robt [his X] A. McLennon

NOTICE: H. Denton Solicitor for Defendants made repeated efforts to get deposition of H. H. McClendon in Fannin County, Texas, where said witness resides, relied on getting an attorney at Bonham to attend to it. 14 July 1859.

BILL OF COMPLAINT of Thomas Martin and wife Jane Martin against Meriah C. Gailbreath of Jackson County, Tennessee, Henry H. McClendon of the State of Texas, R. W. McClendon, the heirs of Elizabeth Rogers of the State of Illinois, Robert McClendon of the State of Arkansas who is a minor of [Blank], Charles Wade and wife Mary Wade also of the state of Arkansas. Jesse McClendon died in Jackson County, Tennessee.... left will... owned land on Flynns Creek of Cumberland River in Jackson County. Complainant Jane Martin is a daughter of testator. Defendants are his children and grand children. Complainants will show the widow of Testator departed life [Blank] in Jackson County, Tennessee.

Defendant Mariah C. Gailbreath is a daughter of Testator and lives upon said land and has for several years. Asks land be sold and distributed according to will. 15 December 1877.

BILL OF COMPLAINT of Milton Draper of Jackson County, Tennessee, Absolom W. Johnson of the State of Texas, Robert W. McClendon of the State of Illinois, Henry H. McClendon of the State of Texas, Mary Wade and husband Charles D. Wade of the State of Missouri, Elizabeth Rodgers and husband John Rodgers of the State of Illinois, Jane Martin and husband Thomas Martin of Overton County, Tennessee, Mariah C. Gailbreath and husband Robert J. C. Gailbreath and Susannah McClendon of Jackson County and the children and heirs at law of George McClendon names not known of the State of Arkansas defendants.

Robert W. McClendon owes $94.00 by note due 1 April 1854 executed to A. M. Johnson & Co. due 1 January 1855.

BILL OF COMPLAINT of Harit Frost and Mathew Frost both of White County, Tennessee, against Nancy Nettles, Zebulon Nettles and William R. Kinner. They intermarried 5 December 1850. Some few days before their marriage Harrit was possessed of a certain negro boy named Tom given her by the Last Will & Testament of John Stafford, deceased to hold as her own property. They made a marriage contract... Mathew was informed the negro Tom was the property of his now wife Harrit Frost.

Zebulon Nettles and wife Nancy Nettles fraudulently had a deed written conveying the interest of Hariet to defendant William R. Kenner as Trustee for Nancy Nettles and about four or five days before their marriage they procured Harit to sign said deed stating and representing to said Harit who is the daughter of defendants Zebulon and Nancy Nettles that they would give her other property sufficient to buy a negro girl... had the county clerk come to their (Nettles) house an hour or two before the marriage to get her to sign and acknowledge... to prevent knowledge coming to said Matthew... under influence of defendants Zebulon Nettles and his wife had over their daughter Harrit.

ANSWER of Zebulon and Nancy Nettles to Bill of Complaint of Matthew Frost and wife Harriet Frost.

Complaint Harriet is their daughter and John Stafford, father of respondent Nancy by his Last Will & Testament bequeathed said Harriet a negro boy called Tom. At the death of John Stafford Tom was a suckling child not yet named. John Stafford bequeathed only $10 each to respondents not because of objection or dislike of Nancy but because her husband Zebulon Nettles was supposed to be an improvident man.

Respondent Nancy had then only one child said Harriet, and respondent believes and so answers that John Stafford intended said negro for use of Harriet and respondent, Testator supposing from the age of Harriet that respondent Nancy would have only one child... Respondent raised and brought up both her daughter and said negro who is now a man.

Respondent Nancy since the death of her father has had three other children two of whom Leonora and Henry are alive and not provided for by the will of said Testator. Respondents further say Harriet has become indebted to Sam E. Stone & Joel W. Settle merchants, and William Gore administrator of Anna Stafford deceased and to secure payment of debt she by bill of sale absolute upon its face conveyed said Tom to Stone, Settle & Gore but by agreement in writing said Harriet had liberty to redeem said negro upon paying Stone, Settle & Gore what she owed them.

Gore as administrator retained sums owed out of the estates of said John Stafford deceased and Anna Stafford deceased.

Respondents further answer that Harriet being full age, unmarried and indebted stated to Stone, Settle & Gore... convey negro Tom in trust to William R. Kinner for the use of Nancy for the consideration respondents would convey to complainant Harriet all the interest that Nancy had to any part of the estate of John Stafford, Anna Stafford and Adeline Stafford deceased...

Respondents say that the disinherited in the will of John Stafford, including respondent Nancy, became residuary legates of said estate after the death of Anna Stafford, Adeline having previously departed this life. William Gore is administrator of both - has not yet settled... cannot say for certain how much... the whole amount in the hands of the administrator of both estates is $3224.97. The estate of Anna is not much indebted... Respondent Nancy is entitled to one-fifth part if John Stafford who was born illegitimate is entitled to any share. If he is not entitled as residuary legatee, then respondent is entitled to one-fourth.

The deed of trust was executed by Harriet freely... deny bill of sale was procured by fraud. 16 January 1851.

Nancy [her X] Nettles, /s/ Zebulon Nettles

BILL OF COMPLAINT of Sarah Funk and husband John Funk of Arkansas against John S. Draper of Jackson County, Tennessee. In 1861 Orator married the defendant John S. Draper in Jackson County, and said complainant Sarah lived with him till the year 1871. 9 October 1871 Complainant Sarah filed for divorce and alimony... cruel and inhuman treatment. Subsequently she filed an amended bill charging him with adultery with Fannie Moss, Mary Burton, Nan Harris and Mag Harris two sisters... she proved his guilt with the women aforesaid. On 2 November 1872... decree of divorce... decreed homestead... recited that Sarah agreed to accept $1000 if paid in two months, to be a lien on the farm... same on which defendant Draper now lives in District 13, Jackson Co., TN on Jennings Creek, bounded by George Birdwell, James W. Draper, T. C. Quarles and land of the heirs of Alexander Keith. She expressly charges she never made such agreement... defendants Draper, _________, in combination with others fraudulent procured the recital that she would accept $1000 in lieu of her homestead... this was wholly false... case was heard by Tennessee Supreme Court... defendant to pay expenses of decree dissolving bonds of matrimony was affirmed. Defendant has not paid the $1,000... only $162, refuses to pay and she is advised she is not bound to accept it.

[Lists property she owned at dissolution of marriage]... defendant now has in his possession. 18 March 1876.

/s/ Sarah Funk

C & M REPORT, September term 1880. Compromise Decree was made Supreme Court at Nashville 5 January 1874... $1000 decreed 2 November 1872 and in addition defendant was to pay costs of appeal to Supreme Court and Sarah's solicitors at Chancery in Gainesboro [Itemizes, includes credits]. Amount due Sarah 14 March [18]81 including interest is $1074.22.

NOTICE TO SHERIFF of Davidson County, Tennessee. Alleges Sarah and John Funk obtained fraudulent decree against him and property was ordered sold. Cause is appealed to Tennessee Supreme Court, asks for injunction.

BILL OF COMPLAINT of John S. Draper against Sarah Funk and John Funk of Arkansas and non-residents of Tennessee and W. N. Cowden of Davidson County, Tennessee. Sarah and John Funk filed 17 March 1876 at Gainesboro to enforce decree of Supreme Court, December term 1872. J. W. Draper the father of J. S. Draper.... States the decree was for $1000 only and on that has been paid $602.50.

DEPOSITION 28 May 1877 of James M. Draper, age 68. Defendant John S. Draper is my son [Submits receipts as exhibits].

/s/ James M. Draper

DEPOSITION 4 September 1882 of Sallie Funk, taken Lafayette, Macon County, Tennessee:

I employed George H. Morgan as an attorney. My principal attorney James W. McHenry paid his $50 fee at Supreme Court at Nashville.

/s/ Sallie Funk

BILL OF COMPLAINT of Sarah Funk of Macon County, Tennessee against John B. Jourdan of Smith County, TN, John S. Draper and William Halcom of Jackson County, Tennessee. Defendants are indebted to her by notes. 14 September 1882.

BILL OF COMPLAINT of A. J. Fuqua of Jackson Co., TN against

James Anderson and wife Mary Anderson, William E. Fuqua, Sarah Ortner and husband Dale Ortner and Margarette Anderson of Jackson County, Tennessee,

Adeline Rogers and husband Benjamin Rogers, Nancy Rogers and husband Churchwell Rogers, William C. Fuqua, William Rogers, James Rogers, Mary Rodgers and Jo Rogers of Putnam County, Tennessee,

Harriette Stewart and husband Levi Stewart of Overton County, Tennessee,

Malinda Hawkins whose residence is unknown to Orator,

George M. Fuqua, Russel Fuqua, Jeremiah Beal and his children by his first wife Rebecca Beal names of said children unknown to your Orator, Citizens of the State of Indiana,

Alberry Fuqua ["a citizen of the state of Missouri" marked through - mlj], Adaline Harper, John Fuqua, Sina Brewington, Mary Carter and husband Henry Carter, Jane Brewington and husband John Brewington, Elizabeth Brewington, Mary Brewington, Juda Brewington and William Brewington children of Sarah Brewington ["& husband Thomas" marked through - mlj] who is dead and Thomas Brewington, citizens of the State of Missouri, Elizabeth Goolsby and husband Wm Goolsby citizens of the State of Nebraska,

children of Jesse Fuqua who is dead their names unknown to Orator citizens of the State of Kentucky,

Mary Harper a citizen of the State of Iowa,

Peter Paulk, Luke R. [or A.] Gillum and R. A. Cox, Thomas King citizens of Jackson County and Thomas M. Williamson citizen of Smith County, defendants.

Orator states some time in 1863 William Fuqua died intestate in Jackson County, Tennessee, without any administration on his estate. Some time in the year [blank] Matthew Brewington died away from home intestate leaving his property real and personal in Jackson County. [Blank] term of County Court, Peter Paulk was appointed administrator of said Matthew Brewington deceased and executed bond with defendants Thomas King and Thomas M. Williamson his securities.

At the time of his death William Fuqua left the following his living children and grand children his only heirs at law: Your Orator A. J. Fuquay, Sarah Ortner intermarried with Dale Ortner, Margaret Anderson (whose husband Tobe is deceased) Adeline Rogers intermarried with Benjamin Rogers, Nancy Rogers who intermarried with Churchwell Rogers, Wm C. Fuqua, Malinda Hawkins (whose husband Anderson Hawkins is dead), George M. Fuqua, Alberry Fuqua, Russel Fuqua, John Fuqua, Elizabeth Goolsberry who intermarried with defendant Wm Goolsby, Sina Brewington who intermarried with Matthew Brewington who is dead, Mary Harper whose husband William Harper is dead... his only living children and who are living now so far as Orator knows.

Harriette Stewart who intermarried with defendant Levi Stewart is a grand daughter of William Fuqua deceased and the only child of his deceased daughter Mahala who intermarried with one William Henley,

defendant Jeremiah Beal is husband of Rebecca a deceased daughter of said William Fuqua deceased. She left some small children whose names are unknown to Orator who reside in the State of Indiana and some of them perhaps in California some if not all minors and have no general guardian known to Orator.

Defendant Adaline Harper is the only child of Katharine Harper who intermarried with [blank] Harper who is a deceased daughter of William Fuqua deceased -

the children of Jesse Fuqua whose names are unknown to Orator and reside in the State of Kentucky are minors and have no general guardian known to orator. Their father Jesse is a deceased son of William Fuqua deceased.

Defendants William Rogers, James Rogers and Mary Rogers are minors with no regular guardian are children of Matilda a deceased daughter of William Fuqua deceased who intermarried with defendant Jo Rogers

defendants Mary Brewington, Juda Brewington, William Brewington and other of defendants are minors and have no regular guardian.

On about [Blank] August 1859 William Fuqua deceased sold to Matthew Brewington the intestate of defendant Peter Paulk a tract of land. Matt Brewington executed a note which is due and unpaid... with interest now amounts to about $2900 balance of purchase money owed by Matthew Brewington. 10 September 1866 said note was presented to Peter Paulk, administrator for payment when assets came to his hands, subject to credits. Assets have come to his hands, he failed to institute suit for sale of property. He has wasted the personal assets of intestate... applied them to his own private purposes, failed to make settlement... has combined with Sina Brewington to have dower laid off to her and sale of land for distribution among her children... she has no equitable right... note unpaid.

Paulk, with Mary or Polly Carter who is a child and heir at law of Matthew Brewington, with her husband Henry Carter filed a bill against Sina Brewington widow of Paulks intestate and Elizabeth Brewington, Jane Brewington, John Brewington, Thomas Brewington, Juda Brewington, Mary Brewington and William Brewington the children and heirs of said Matt Brewington deceased to have dower laid off to Sina and to have sale of same... on 28 April 1871, procured a decree for the purpose of distribution and dower recorded Minute Docket "F" pages 164 and 165... sold the same on 19 June 1871 to defendant L. P. Gillum at the price of $1755. Act setting up dower was confirmed and recorded Minute Docket "F" page 233, 234, 235, 236, 237. Fund arising from the sale is now in the hands of R. A. Cox and the balance uncollected. Defendant Gillum purchased Sina Brewington's life estate for $500 - knowing she had no right until note was paid.

Payments on note, $50 to Joel Rogers husband of Matilda a daughter of William [Fuqua]. She was dead at the time. Her children had a right to 1/20 part... Rogers had no right to receive the money. 9 November 1872.

A. J. [his X mark] Fuqua

INTERLOCUTORY DECREE 7 December 1874... Land ordered sold... tract on which Margarett Fuqua and William E. Fuqua now live on Spring fork of Martin's Creek, 50 acres more or less bounded by Thomas W. King and others subject to be reclaimed by the widow and heirs of James Fuqua deceased when James H. Anderson became purchaser at $100 which he paid down. Sale made to enforce the collection of Cox & DeWitt's decree for $75 for attending to this cause and prosecuting to a successful termination... Said sum being an amount to discharge said decree and pay the cost of sale and execution... April term 1875. /s/ R. A. Cox, C & M

[Notation following this decree, bottom of page after signature - mlj]:

heirs of James Fuqua Deceased

Margarett Fuqua widow

Wm E. Fuqua - John R. Fuqua

James H. Anderson and his wife Mary Ann Anderson

ANSWER to Bill of Complaint of A. J. Fuqua vs Russel Fuqua & others [Note: There are seven objections, and one which is readable states collection is barred by Statute of Limitations - mlj].

PETITION to remove Guardian and have property restored of Jane Fuqua a person of unsound mind. William E. Fuqua is removed as guardian... appearing he has not executed his said Trust according to law...

James Fuqua the former guardian of Jane has failed to make settlement... he is required to do so before 1st Monday in November next. Minute Docket E, page 580, 8 September [18]92

SETTLEMENT with Wm E. Fuqua this 7 April '93 as guardian of Jane Fuqua. [Blank] Fuqua, tenant of William E. Fuquay as guardian of Jane, to vacate property and Jane take possession.

NOTICE TO SHERIFF of Jackson Co., TN. Seize $35.67 of the goods and chattels of James Fuqua sufficient to pay judgment that Shirley Burgess obtained against him. 28 October 1895.

PETITION of Jane Fuqua of Jackson Co. against William Fuqua, John Fuqua, John Neal and Marier Neal, Hance Brewington and Malindy Brewington, Sarah Stout, Parilee Fuqua, Mary Jane Fuqua, Joseph Elrod and Elizabeth Elrod of Jackson County, Tennessee.

Petitioner Jane Fuqua was wife of Thackston Fuqua deceased of Jackson County, Tennessee, died [blank] 1880 leaving petitioner his widow and defendants his only children... land on Spring fork of Martin's Creek District 7, bounded north by Thomas W. King, south by Wm Williamson east and west by lands of Wheeler. Asks homestead be assigned. 7 November 1881.

BILL OF COMPLAINT of Mary J. Fuqua. She and defendant married in Jackson County 6 November 1902. 13 November 1904 they were living on Martins Creek, 7th District. It became necessary for them to give possession of the home they were living in... defendant made no arrangement for a house and she was forced to go to her relations and friends for a place to stay. Defendant removed all household and kitchen furniture, canned fruit and provisions to his mothers, leaving her without means of support or place to live. Asks divorce, maiden name restored [Not given]. [?Month] 11, 1905.

/s/ Mary J. Fuqua

BILL OF COMPLAINT of Mary Jane Fukeway against L. F. Fukeway, Wid and Marion Keith and Jubilee Wheeler.

She and defendant married in Jackson County 6 November 1902 - never lived together and only stayed together about five nights. Prior to their marriage defft [sic] persuaded Complainant to surrender her virtue... defft had sexial [sic] inter course with complainant... she became pregnant with child and before the birth defendant married complainant she believes only for the purpose of keeping complainant from prosecuting... believes he never intended to live with her.

She and defendant were married late one evening just before supper and he left complainant in a few minutes... have only stayed together about five nights since their marriage... believes he fraudulently conveyed property... Owns land 7th District, Spring fork of Martins Creek bounded by Jasper Davidson, William Dawse and the Bill Fukeway place the same place he purchased from Monro Fukeway worth about $500 and a cow at Monro Fukeways.

Has several hundred dollars and notes and accounts - note on Wid and Marion Keith and Jubilee Wheeler of $600-$700.

Asks divorce and property as alimony. July 10, 1903.

/s/ Mary Jane Fuqua

PROSECUTION BOND dated July 10, 1910, signed by J. B. Stout, security.

1911 Flatt, Lyda vs Flatt, Wesley

[ ] Flatt, Martha vs Flatt, Nathaniel Jr.

1901 Flatt, Nannie vs Flatt, Green

1890 Flynn, Permelia vs Flynn, George

1904 Forkum, E. D.vs Forkum, Mattie

1903 Franklin, L. S. vs Franklin, Sarah

1896 Fuquay, Maude vs Fuquay, William

FLATT, LYDIA vs FLATT, WESLEY

AFFIDAVIT: Comes M. A. Gentry, father of complainant, makes oath defendant is a non-resident of Tennessee, last he knew defendant was a resident of Arkansas. 18 September 1911.

/s/ M. A. Gentry

BILL OF COMPLAINT of Lydia Flatt against Wesley Flatt, last known to be at Flat Rock, State of Arkansas. Married ?3 December 1909 in Overton County, Tennessee, husband and wife until 4 July 1910, defendant left and went to State of Kentucky. Abandoned her. Asks name be changed to maiden name of Lydia Gentry. 19 September 1911.

FLATT, MARY E. vs FLATT, ELISIAH

Complainant and defendant married in Smith County, Tennessee October 1893, together until June 1894... defendant became ill toward complainant, shoved her against a _____ would not let her eat, threatened to whip her and would have done if not for the interference of my brother in law. Defendant a non resident, whereabouts unknown.

Affirm charges made are true... owing to poverty, unable to pay costs. 11 March 1895.

Mary E. [her X] Flatt

FLATT, NANNIE vs FLATT, GREEN

BILL OF COMPLAINT of Nannie Flatt against Green Flatt, both of Jackson County, Tennessee. Married Jackson County [blank] September 1897, together until September 1899, defendant deserted without any cause... more than two years... still continues. Failed and refuses to provide.

One child issue of marriage, Mary Flatt a minor of tender years. Defendant a man of bad habits, gets drunk, not suitable for custody. Complainant asks custody and maiden name of Stafford be restored.

Affirms above is true, due to poverty, unable to pay costs. 5 July 1901.

Nannie [her X] Flatt

FLATT, MARTHA ANN vs ???

POVERTY OATH [No Bill of Complaint, no indication of defendant, but may be the one listed as "Miscellaneous - Martha Flatt vs Nathaniel Flatt, Jr" as that case was not on film. Other documents may possibly have 'walked' in the process of being sorted before filming. This was the only document filmed - mlj].

Martha Ann Flatt made oath statements true... complaint is not made out of levity or collusion with defendant but in sincerity and truth... owing to poverty she is unable to bear expense... 29 Mar 1872.

Martha [her X] Ann Flatt

FLYNN, PERMELIA vs FLYNN, G. M.

C & M REPORT: Divorce Case in Chancery at Gainesboro and said case is compermised [sic]. James Stafford, Chancery Court Clerk.

I authorize A. Pharris to make settlement with you for me about the money that was paid over to you... after paying all cost and attorney fees if any is left turn it over to A. Pharris. 9 Dec 1890.

G. M. [his X] Flynn Attest: Harvey Odom

ORDER TO DISMISS... agreed to live together 8 December 1890.

Permelia [her X] Flynn, G. M. [his X] Flynn

BILL OF COMPLAINT of Permelia Flynn against George Flynn. Married in Jackson County about [blank] 18[blank], together til October 1890. Issue of their marriage are William D. Flynn and James B. Flynn. Alleges adultery with Susan Harris a woman of ill fame... cruel and inhuman, unsafe to cohabit. [Lists personal property - mlj]. Asks custody of children of tender years... maiden name of Permelia Johnson restored. 11 October 1890.

Permelia [her X] Flynn

FORKUM, E. D. vs FORKUM, MATTIE

Married in Jackson County, Tennessee 4 August 1901, lived as husband and wife for six weeks or two months, defendant left and went to her father's where she has since resided... refuses to live and cohabit with complainant. 7 March 1904.

/s/ E. D. Forkum

FRANKLIN, L. S. vs FRANKLIN, SARAH

AUTHORIZATION FOR BOND: To Mark Gailbreath, C & M. You are authorized to sign my name to any bond... divorce case of L. S. Franklin against Sarah Franklin. 30 May 1903.

/s/ W. T. Franklin

BILL OF COMPLAINT of L. S. Franklin against Sarah Franklin, residence unknown. Married in Jackson County, Tennessee 2 December 1894, together a short time, we became dissatisfied and seperated [sic] about March 4, 1896.

A short time after marriage it became known to me that defendant was pregnant by another man and was pregnant at time of marriage, kept it a secret until after marriage... would not have married her... defrauded. Since our separation defendant has had another child by another man and defendant became a prostitute or at least was so charged by the People. She had no property. 23 May 1903.

/s/ L. S. Franklin

FUQUAY, MANDA vs FUQUAY, W. M.

BILL OF COMPLAINT of Manda Fuquay. Married 27 December 1892. Alleges adulory [sic] in Putnam County, Tennessee with one Nancy Smith... believes various other acts of adultery besides Nancy Smith. Cruel, inhumane... threatened abuse and once slaped [sic] her because she had not fed a hog. Defendant 20 September 1896 sent her home or wanted her to go home to her father where she now resides. One child a few months old, asks custody. Affirms above is true, cannot bear expense due to poverty. 27 October 1896.

/s/ M. A. Feuquay

[Note: Only thing in file are six invoices - mlj]:

E. Been: Work done in 1891, $3.00. E. [his X] Been

State vs Sam Garrison & L. Stults for Lewdness, J. L. Garrison witness for defendant [apparently for witness fee which was usually $1.00 per day plus an amount for mileage traveled.

?Lyas Pippin: Account on Sam Garrison, deceased. $14.50.

L. S. Anderson: Account on Sam Garrison, $9.40.

J. H. Watts: 4 prescriptions, Oct 19 & 25, 1892, Putnam Co. Total $1.25

T. M. Gailbreath, Legal Services, State of Tennessee vs Sam Garrison, $5.00.

PROSECUTION BOND: Mariah C. Gailbreath for $250, to Minerva Wheeler, W. C. Anderson, Caleb Anderson & other defts in this case. 22 May 1868. Security: James Draper, D. K. Fink

AMENDED BILL of Mariah C. Gailbreath, administratrix of R. J. C. Gailbreath, deceased. In 1861 R. J. C. Gailbreath filed bill for divorce, Minerva Wheeler vs Hopkins Wheeler... drafted bill... appeared in the cause. Service worth $25.00 plus interest of $16.80 from 1 Jany 1861 to 23 October 1871.

JANUARY RULES 1869.

Subpoena to answer has been issued on defendants Hopkins Wheeler, L. A. McCarver, Pinkney McCarver, Gilliam Upchurch and Malichi Meador... Feby term 1868. Publication made four consecutive weeks to Milton Draper and James Wheeler who are non-residents of this state... failed to appear... taken for confessed.

Also Ross Upchurch, Jane Sadler and husband [blank] Sadler, Hilliard J. Atkins and wife Elizabeth to appear 1st Monday in August 1868. Also James Parish and wife Nancy Parish.

The answer of Wm C. Anderson and Caleb Anderson appears as a motion of a cross-bill against complainant.

AFFIDAVIT: Cause of Maria C. Gailbreath against Minerva Wheeler, W. C. Anderson, C. W. Anderson, Caleb Anderson, James M. Allard, Polly Allard, Thomas Upchurch, Rhode [sic] Upchurch, Gillem Upchurch, Hopkins Wheeler, Carter H. Upchurch, L. A. McCarver, Pinckney McCarver, James Draper, Hilliard J. Adkins, Elizabeth Adkins, Jane Sadler, [blank] Sadler, James Wheeler, Milton Draper, Haywood R. Upchurch.

Before me, James Draper makes oath that H. F. Adkins, Jane Sadler and [blank] Sadler, James Wheeler, Milton Draper and Haywood R. Upchurch, defendants in above case, are non-residents. 1 June 1868.

ANSWER of Minerva Wheeler, William C. Anderson, Caleb Anderson and Charles Anderson to Bill of Complaint of Mariah C. Gailbreath, administrator of Robt J. C. Gailbreath.

True R. J. C. Gailbreath died intestate. Denies was indebted to R. J. C. Gailbreath

Minerva Wheeler has no interest in dower to land described, nor had she when bill was filed. Wm C. Anderson does now and at the time of filing owned her share. William C. Anderson was the owner of five shares, Minerva Wheeler, Elizabeth Adkins, Jane Sadler formerly Jane Haney and the share of Rhoda Upchurch.

Wm C. Anderson was indebted to Nancy Anderson in her lifetime. He was much involved in debt - on $11 July 1848 $224.80, and about that date executed deed of trust to James Draper as trustee of said five shares who sold said shares to Nancy Anderson... Wm C. Anderson before her death fully paid her off... Nancy Anderson in 1857 or 1858 deeded the shares back to Wm C. Anderson... deed was witnessed and recorded... during the late war the deed was lost...

Caleb Anderson had an interest in the dower share. Nancy Anderson as his guardian purchased the shares of Charles W. Anderson and Nancy Parish in Dower tract for him with money from his father's estate or rather purchased Nancy's share from Henry Richmond who had purchased same from Nancy Parish.

Respondent Wm C. Anderson was at the time of the death of Nancy Anderson, who is the mother of Respondents was the owner of five shares. Since her death he has purchased the share of Carter Upchurch and Ross Upchurch the only heirs of Sarah Upchurch deceased a daughter of said Nancy Anderson - at the time of filing of complainant's bill he was the owner of six shares.

Respondent Caleb was at filing the owner of four shares; his own and the shares of C. W. Anderson, Nancy Parish and Polly Allard which is the whole of said land being ten distributees.

Respondents and defendants Nancy Parish, Elizabeth Adkins, Rhoda Upchurch, Jane Sadler, Polly Allard and Carter H. Upchurch and Ross Upchurch are the only heirs at law of Caleb Anderson and Nancy Anderson deceased.

Defendant H. J. Atkins is husband of Elizabeth Atkins, defendant [blank] Sadler is husband of Jane Sadler, Thomas Upchurch is husband of Rhoda Upchurch, Ross and Carter Upchurch are the only children of Sarah Upchurch a deceased daughter of Caleb and Nancy Anderson, defendant Gillum Upchurch is the husband of deceased Sarah Upchurch, defendant James M. Allard is the husband of Polly Allard - all the parties who have any interest in said dower tract. 23 November 1868.

Minerva [her X] Wheeler, /s/ Wm C. Anderson, /s/ C. W. Anderson

INDENTURE 5 June 1868, Christian County Illinois } Elizabeth Atkins and her husband H. J. Atkins to William C. Anderson for $150... transfer, sell and convey... Quit-Claim our interest in land in District 11, Jackson County, Tennessee. Begin Crevass of a rock on the bluff of Flynn's Creek... east along the north line of Thackston Carter land... land of Thos Hale deceased... south boundary of Amon Hale deceased... creek with its meanders, 150 acres more or less... purpose of perfecting title.

Elizabeth [her X] Atkins, /s/ Hilliard J. Atkins

BILL OF COMPLAINT of Mariah C. Gailbreath against Manerva Wheeler, William C. Anderson, Hopkins Wheeler, L. A. McCarver, Pinckney McCarver, James Draper, Caleb Anderson, Charles W. Anderson, Thomas Upchurch and wife Rhoda Upchurch, James M. Allard and wife Polly Carter H. Upchurch and Gilliam Upchurch of Jackson County, Tennessee,

Milton Draper and James Wheeler of the State of Texas,

James Parish and wife Nancy of DeKalb County, Tennessee,

Hilliard J. Adkins and wife Elizabeth Adkins, Jane Sadler and husband [blank] Sadler of the State of Illinois,

Malichi Meadows of Macon County, Tennessee

and R. H. Upchurch of parts unknown.

Wm C. Anderson purchased the interest of Manerva Wheeler and husband Hopkins Wheeler, Rhoda Upchurch wife of Thomas Upchurch, Jane Haney wife of William Haney and Elizabeth Adkins wife of H. J. Adkins...

BILL OF SALE: We, J. M. and Mary Allard to Caleb Anderson... sum of $130... sell our interest in land in District 11, Jackson County, Tennessee... Nancy Anderson, widow of Caleb Anderson, deceased... 17 August 1857.

/s/ J. M. Allard, Mary Allard Wit: Wm C. Anderson, H. H. McClendon

DEPOSITIONS 2 June 1871 - 8 August 1871:

James M. Allard [No age given]. Nancy Anderson purchased the share of my wife Mary Allard and the share of Nancy Parish and the share of Charles W. Anderson for Caleb Anderson using Caleb's money. I think about 1865 or 1866 - Manerva Wheeler became deranged about the time John Lee was tried for counterfeiting... Jack Carter's.

/s/ James M. Allard

DEPOSITIONS 8 August 1871:

Charles W. Anderson age 43. R. J. C. Gailbreath commenced the divorce suit for Minerva for $5, said it would be long and suggested we get B. B. Washburn which we did.

Thaxton Carter age 66. Knew Caleb and Nancy Anderson. He's been dead about 30 years, she died several years ago. Knew their children Wm C. Anderson, Caleb Anderson, Minerva Wheeler, Elizabeth Adkins, Polly Allard, Nancy Parish, Charles W. Anderson, Jane Haney + Sadler, Rhoda Upchurch & Sarah Upchurch. They are all children of Caleb and Nancy and the only children. Saw Nancy Anderson execute a deed. Myself and B. A. Fox witnessed it.

B. A. Fox is the only son of old William Fox. He lives in Texas.

Caleb Anderson age 36. I am a child of Caleb Anderson and live on the Nancy Anderson Dower tract, 150 acres more or less.

/s/ Caleb Anderson

B. B. Washburn age 53. Been a lawyer in Jackson County since 1 Jany 1845. R. J. C. Gailbreath was a lawyer, drew a bill for Minerva... almost valueless... many errors. she asked me to take it in hand.

/s/ B. B. Washburn

Henry Richmond age 58. I bought the dower interest of Nancy Parish in 1844, sold it to W. C. Anderson in 1847.

/s/ Henry Richmond

DEPOSITIONS 25 July 1871:

Wm C. Anderson age 52. Sarah Upchurch is dead. She died in the fall of 1839. She left two living children Carter and Ross. Pinckney McCarver purchased the share of their mother and I purchased of McCarver. There were ten distributive shares the heirs are

Rody Upchurch wife of Thomas Upchurch

Sarah Upchurch wife of Gillam Upchurch

Jane Haney widow of Wm Haney afterwards said to have married a man by the name of Sadler.

Wm C. Anderson

Minerva Wheeler the divorced wife of Hopkins Wheeler

Elizabeth Adkins the wife of Hilliard J. Adkins

Charles W. Anderson

Polly Allard wife of James M. Allard

Caleb Anderson Jr.

Nancy Parish wife of James Parish.

/s/ Wm C. Anderson

DEED: I, Jane Sadler have this day bargained... sold my interest or 1/10 part... District 11... bounded by Thaxton Carter, Amon Hale, Gillom Upchurch and Caleb Anderson, being the dower of Nancy Anderson deceased out of the land of Caleb Anderson, deceased. 20 Jan 1866.

Jane [her X] Sadler Test: Henry Richmond, Cale Anderson

PETITION: Petitioner Robert J. C. Gailbreath signed a note about September 1849 as security for John Johnson, payable to James Hufhines, about $60 due 1 March 1850 and after the note became due Petitioner notified James Hufhines by sending word by George Hufhines he would not stand as security any longer. James Hufhines sued Johnson, recovered judgment.

DEPOSITIONS [No date]:

James Dycus age 59. I was a constable in 1850-51.

/s/ James Dycus

Adam S. Huffines age 3[?9; smear]. I was deputy sheriff of Jackson County 1850-51. Knew John Johnson before he married Judith Graves. I levied on the negro girl Emily - never took her out of possession of Judith or John Johnson.

/s/ Adam S. Huffines

William W. Goodall age 48. I was Sheriff of Jackson County 1850-51. After he [John Johnson] married the widow Graves [Judith, widow of Beverly Graves] we considered her good for his contracts.

/s/ William W. Goodall

INJUNCTION BILL: Execution on defendant John Johnson's judgment 20 July 1850 has never been stayed. Complainant's principal [John Johnson] forged an order with the name of his father Daniel Johnson on it... John Johnson was insolvent.

BILL OF COMPLAINT of Sarah Gailbreath against Thomas M. Gailbreath and G. S. Birdwell Trustee of [blank]. Complainant and defendant married in Jackson County in 1876, where they since resided. About two years after said marriage defendant willfully deserted without cause when their first child was only three months old, leaving her to support as best she could... remaining away about 12 months, returned, made fair promises... together until last March, abandoned... neglected to provide...

Complainant and defendant have two children one about 3 1/2 the other 1 1/2. [Lists personal property, included two warrants for payment due T. M. Gailbreath in the hands of T. S. Birdwell as Trustee - mlj]. 6 September 1880

/s/ Sarah Gailbreath

BILL OF COMPLAINT of P. J. Tinsley, T. C. Gailbreath and S. S. Dudney of Jackson County against Joshua Haile, Jr. of parts unknown. Joshua Haile is indebted to Complainant, mercantile business in the style of Tinsley & Gailbreath. [No relationships given - mlj].

REPORT OF SALE: Notes taken for property sold of Asa M. Denson, deceased, 31 October 1895:

A. Medders $52.50; J. H. Dennis $7.50; W. A. Hargis $17.25; G. R. Jaques $14.25, N. C. Bybee $38.00; Alfred Denson $3.45; Asa Lynn $13.05, Joe Johnson $14.25; cash day of sale $3.50 - Total $163.75.

NOTICE TO SHERIFF: Give notice to Rebecca Norton, Jim Denson, Alfred Denson, Margaret Roberts and husband N. A. Roberts, Sally Woodsides & husband John Woodsides, Dona Roberts and husband J. C. Roberts, John Denson, Cowan Denson and Sam Denson ... settlement with T. M. Gailbreath, Admr of A. M. Denson deceased on Thursday, Oct 31, 1895... attend if you wish, Gainesboro County Court. October 19, 1895.

SETTLEMENT: Inventory recorded in Wills & Inventory Book C page 242 and 275, $163.75 plus $4.65 interest = $168.40. Balance after expenses $5.90.

PROSECUTION BOND for $100 by Pinkney McCarver, G. R. Madox and W. E. Jones to Davet J. Murry... void if Pinkney McCarver prosecute an appeal of judgment against him rendered 6 Dec 1879. Appeal 2nd Monday in January 1880.

Comes Pinkney McCarver and says David Murry is indebted to him for 19 barrels and one-half bushel of corn for rent of land in Dist. 11 on Flins Creek November 29, 1879.

/s/ P. M. McCarver

ANSWER of David J. Murry by Stuart F. Murry his guardian to Bill of Complaint of Cooke & Kinnard... states not a true account of necessaries furnished his ward. 10 Feby 1859.

/s/ D. J. Murray

ANSWER of George C. Darwin to Bill of Complaint of Cooke & Kinnaird. True he was former guardian of David J. Murry. S. F. Murry is now his guardian. Admits Jane C. Murray is the wife of David J. Murray and has now pending a bill for divorce and alimony. 13 Dec 1858.

BILL OF COMPLAINT of Watson M. Cooke & Russel M. Kinnaird of Davidson Co, TN against David J. Murray, Stewart F. Murray, Jane C. Murray and George C. Darwin of Jackson Co., TN. David J. Murray is indebted to Cooke & Kinnaird... note dated 1 January 1856, due one day after date for the sum of $137.42 payable to Henry Roberts and transferred to Orators. David J. Murray is now about 21 years of age or will be on 13 June next and defendant Stewart F. Murray is his regular guardian and defendant George G. [sic; other docs it's "C" - mlj] Darwin is his former guardian and Jane C. Murray is the wife of D. J. Murray... she has no regular guardian and has filed bill for divorce against David J. Murray and for alimony... David J. Murray is hopelessly insolvent and of dissipated habits. /s/ John P. Murray & T. H. Butler for Complainants

SETTLEMENT 1st Monday in June 1858 with George C. Darwin, guardian of David J. Murray.

Amount received of Thos B. Murry, Executor of Thos Murray deceased 7 Feb 1856, 57 & 58, Total with interest $952.37. Less judgments, Kirkpatrick & Nivens, Elijah Wheeler, Brown & Lee, Wm Tolbert admr of Wm Tolbert, A. Cornwell, total of $278.63 = $673.74

BILL OF COMPLAINT of Allen W. DeWitt of Jackson Co., TN against S. F. Murray & Witt Hamilton of Jackson Co. [blank] 1867 he sold to S. F. Murray land in Jackson Co. on Jennings Creek of Cumberland River adjoining A. C. Dixon, W. C. Purcell, Lewis Hix and others for $2000, paid at sale except $225... defendant executed note, remains unpaid except $20 paid 2 May 1870. On [blank] 1869 defendant S. F. Murry sold the land to Witt Hamilton for $2500 and the said Witt executed his notes to S. F. Murray for some $1200 - $1500 which remains unpaid.

BILL OF COMPLAINT of Jabes L. [or S. or G.] Mitchel a citizen of Hamilton [sic; no indication of whether city/county or which state - mlj] against George C. Darwin guardian of David J. Murray.

Some time in 1855 Thomas B. Murray filed his bill in Gainesboro... is adopted as part of this bill... seeks an account against estate of David J. Murray... indebted to him somewhere between $50 - $100 whilst going to school.

[Note: This answer is very difficult to read - mlj].

ANSWER of Thos B. Murray and Thos J. Gailbreath and Amon Hail sen, Milton Draper, James H. Carver, Thos J. Jones and Francis M. Goosalsby [sic; Goolsby].

Admit they are Executors and sureties, admit David J. Murray is a legatee of Thos Murray deceased, but deny he is entitled to $1500... true he [Thos B. Murray] ?inveighed David J. to leave his co-respondent Thos J. to go with him but at that time David J. was doing no good he had but little education and no home he therefore ?inveighed him to go to Sparta and go to school which he did. Respondent did not bond [?board] himself at the time David went then he was a young man and had no family but he procured the best boarding for him he could.

Respondent denies that he agreed to board and school complainant's ward a short time before he married complainant Darwin's daughter that if he res [respondent] should succeed in retaining the office of ____ _____ that he would give him a good education if he would come back to Sparta and live with him this was after he had been there to school for some time and had left to come back to Jackson and long after the expenditure of the money by resp for which the original bill in this cause was filed... Came Thos B. Murray before me... maid [sic] oath to foregoing answer... 8 July 1856

NOTICE TO SHERIFF of Warren County, Tennessee} Whereas Jane C. Murray has this day filed Bill for divorce at Chancery at Gainesboro against David J. Murray and injunction issue... make known to Thomas B. Murray if to be found in your county that he is enjoined from paying to David J. Murray any money he has as Executor of Thomas Murray deceased. 1st Monday in Feby 1858.

ANSWER of guardian S. F. Murray to Bill of Complaint against him and others by Jane C. Murray by her next friend Richard Darwin.

Admits complainant is citizen of State of Tennessee and she and respondent married as alleged and lived together as husband and wife until recently. Also admit they have two children both girls born in wedlock.

Respondent admits that he unfortunately for himself after his said marriage engaged in the retailing of spiritous liquors for the purpose as he then believed of bettering himself in his pecuniary matters... support raise and educate his growing family... which occupation threw him in company of drunken and riotous and vicious persons... he did not resist the temptation as he should have done... not now in the habit of being intoxicated.

Respondent admits he has been guilty of adultery since their marriage... very much regrets...

Does believe she had been too intimate with Amon Hale.

Respondent admits by the will of his father he was entitled to a legacy.

He will state that since the commencement of this suit his former guardian George C. Darwin has resigned and S. F. Murray has been appointed... he being still a minor.

Respondent admits he had a disease or something the matter with him that resembled the venereal but he was entirely cured in about two days.

Respondent denies that he was afflicted with any venereal disease at the time of the separation of him and his said wife nor at the time she filed her bill

... Respondent received by his said wife a bed and bedstead and bed clothes a cow and a calf all not exceeding $50 - and he here resists her claim for alimony believing she is not entitled to any. 14 July 1858.

ANSWER of Thomas J. Gailbreath against Respondent, et al by Jane Murray by next friend Richmond P. Darwin.

True he was one of the Executors of Thomas Murray, deceased. About 1st September 1854 there was due David J. Murray about $1190. About 1st of September 1854 respondent paid over to E. M. Murray the guardian and trustee and one of the legatees $472.60 which left a balance due David J. Murray due 1 September about $77.34 in respondents possession.

About the __nd day of November 1855 he let deft David J. Murray have at the request of his guardian George C. Darwin $32 worth of pork for family uses the said David J. Murray being then a married man.

About ____ 1858 respondent paid Francis M. Goolsby for the hire of a negro woman as the surety of the said David J. Murray $33.??. The said David J. Murray and family received the entire benefit of the hire of said negro. 9 February 185[7 or 9].

/s/ Thomas J. Gailbreath

DEPOSITIONS at the store house of Wm H. Jones at Flynn's Lick [About Jany 1859]:

Robert F. Sanders age 28. Heard him [David J. Murray] accuse his wife of adultery with Amon G. Hail last spring before and about the time he left her.

He was in the habit of drinking too much spirits - frequently intoxicated don't know if I ever saw him mistreat her.

Not long after his marriage I knew of him being guilty of adultery with a Miss Skimahorn in this Town... a short time after that I knew of him being out of doors after dark with a woman called Did Smith... both of base character.

David J. Murray told me a short time before he left his wife that he had the clap. I saw him with two vials of Balsam cas_ _ _ va and some sugar of lead and a small squirt. I saw him take one dose of the Balsam.

CROSS-EXAMINATION

Ques: How did you know about Miss Skimahorn...

Ans: It was quite the excitement I saw him on top of her they were tolerable bold... George Hale went and looked and then I went.

He left her [Jane C.] around 1st of April 1858. I know her character and I think it is good.

/s/ R. F. Saunders

John G. Darwin age 23. I was acquainted with David J. Murray and wife while they were living together... Drinking... curse his wife like a dog...

Ques: What relation are you to Complainant.

Ans: We are cousins I recon [sic].

John [his X] G. Darwin

Thomas J. Jones age 33. Known Jane C. Murray's character about 13 years ever since she formed one. Chastity and all together is good. I heard Mr. Murray charged her with improper conduct which is generally disbelieved.

/s/ Thomas J. Jones

Robert J. C. Gailbreath age 29. Known Jane C. Murray and her character since 1848 is good.

Ques: Could not a man get the disease just as easy from going to a privy in Nashville as sexual intercourse with Did Smith.

Ans: If Did Smith did not have it and a man would wash himself very decently after intercourse he would probably not catch it and if he went to Nashville and went to a privy that was inhabited by females that had the complaint and did not keep his tool in his breeches he would be more likely to catch some complaint in the privy.

/s/ R. J. C. Gailbreath

Mariah C. Gailbreath age 34. Known Jane C. Murray since she was a very small child, character good.

/s/ Mariah C. Gailbreath

Susan Draper [No age. Ditto above].

/s/ Susan F. Draper

Cyprissa Brown age 23. Known Jane C. Murray 7 or 8 years, character good.

/s/ Cyprissa C. Brown

U. T. Brown age 30. Jane Murray's character is good.

/s/ U. T. Brown

DEPOSITIONS 20 January 1859:

A. G. Hale [No age given]. She talked to a man about having intercourse twice... held his hand, she kissed him and ran off. She said next time there might be more.

/s/ A. G. Hale

James E. Beckwith [No age given]. Was working at David J. Murray's and boarding there Spring 1858. Saw Amon G. Hale there, he stayed two or three days, they were intimate and friendly - I thought they were kin - saw no indecorous conduct. At one time he came back and stayed all night. There was a boy there that slept with Haile, weigh about 80 lbs and about 14 years old. Murray was not home.

/s/ James E. Beckwith

ANSWER of Wm G. Gailbreath to Bill against Respondent by George Darwin, Alexander M. Furguson and Mary Ann Darwin. Admits he was one of the Executors of Thomas Murray.

BILL OF COMPLAINT of George C. Darwin, Alexander M. Ferguson and Polly Darwin of Jackson Co. against David J. Murray, S. F. Murray, Jane C. Murray, Thomas J. Gailbreath of Jackson County and Thomas B Murray of Warren County, Tennessee.

David J. Murray is justly indebted to Orator George C. Darwin as follows... [Lists items expended on behalf of David J. Murray - mlj].

AMENDED BILL OF COMPLAINT of Jane C. Murray a married woman who sues by her next friend Richmond Darwin against David J. Murray, Thomas B. Murray, Thomas J. Gailbreath, George C. Darwin and Stewart F. Murray the last a citizen of Jackson County, Tennessee.

[Blank] 1858 she filed against David J. Murray for divorce and alimony - pending against defendants except Stewart F. Murray who has been appointed guardian... asks he be included as defendant. 15 July 1858.

BILL OF COMPLAINT of Thomas B. Murray of White County and Thomas J. Gailbreath Executors of Thomas Murray deceased against George C. Darwin guardian of David J. Murray of Jackson Co. About 9 August 1852 Thomas Murray departed life in Jackson County, left Last Will & Testament.

All the children were of age except David J. Murray and Stewart F. which were minors.... intestate [sic; should be testate - mlj] bequeathed to Stewart F. $200 more than those of age being eldest of minors and David J. Murray $300 more... intended to be applied to their education...

At the very young age of 15 or 16 he intermarried with the daughter of defendant George C. and then George C. was appointed guardian - the marriage and appointment occurred about the same time.

During the two years allowed for winding up estate, Orator Thomas B. charges he advanced considerable money toward board and education of David J. Murray...

LAST WILL & TESTAMENT OF THOMAS MURRAY

I, Thomas Murry of the County of Jackson State of Tennessee being of sound mind and disposing memory publish my Last Will & Testament revoking...

1st ... debts... funeral expenses paid.

2nd My two youngest sons David and Franklin Murry has not bin [sic] as well provided for as all the rest... David to have the sum of $300 and Franklin $200 above all the rest... before division is made between the ballance of my children excepting Eliza Upchurch. I will and bequeath unto Eliza Upchurch and Gillam Upchurch $100.

I will and bequeath unto James Jones and Manerva Jones children of Eliza Upchurch the sum of $75 to each that is all I intend to will and give them out of my estate.

My will is that my negro man Dick and his wife Amarica should not be parted I want them to go together.

I will and bequeath my son Thomas Murry one Feather Bed Bedstead and furniture.

I will and bequeath my son John Murry one Feather Bed Bedstead and furniture.

I will and bequeath my son Franklin Murry one Feather Bed Bedstead and furniture.

I will and bequeath my son David Murry one Feather Bed Bedstead and furniture.

... all the rest and residue both real and personal equally divided between Edward Murray, Sarah Burton, James Murry, Margaret Gailbreath, Elizabeth Carver, Thomas Murry, John Murry, Franklin Murry and David Murry if my nine children last named in this will cannot divide or agree on keeping my negroes among themselves then my Executors shall them as the ballance of any property also sell the land and divide the proceeds of said sale among the above named nine children. I hereby nominate and appoint Charles Burton and Thomas Murry and Thomas J. Gailbreath Executors to this my Last Will & Testament set my hand and seal this 29 July 1852.

/s/s/ Thomas Murry Witnesses s/s S. W. Cassetty, s/s John H. Tolbert

BILL OF COMPLAINT of Jane C. Murray who is [ink blot]ied and a mi[ink blot] who sues by next friend Richmond Darwin against David J. Murray, Thomas J. Gailbreath, George C. Darwin of Jackson County, Tennessee and Thomas B. Murray of Warren County, Tennessee. She and defendant David J. Murray intermarried 3 October 1854... together until recently... his treatment compelled them to separate.

Since their marriage he has been high tempered and fractious... conduct recently became scanderlously [sic] gross immodest... accused her of the crime of fornication with one Amon G. Haile... is in the habit of using excess spirits... has been guilty of adultery with base women... she is informed he is now laboring... venereal disease... knowledge came since separation.

They have two children of their marriage oldest a girl aged about 3 named Margaret J. [or L.] and the youngest five months named Mary Ann... he is unfit to have custody...

David J. Murray by the will of his deceased father Thomas... due $1500. [Lists personal property - mlj]. Asks divorce, custody of children, name changed from Murray to Darwin her maiden name, a suitable allowance for support o herself and children and education of children, and that David J. Murray be perpetually enjoined from interfering in custody and control of children. 27 April 1858.

/s/ Jane C. Murray

SETTLEMENT 4 July 1906 with W. C. Anderson, Guardian. Balance due by Guardian $138.85.

Amount received from S. H. Carver, Administrator of J. R. Dycus, deceased, $79.30

Amount received from M. H. Dycus, Administrator of S. P. Dycus, deceased, $10.00.

Amount received Ill Conference M. E. Church Dec 13, 1904, $26.50.

Rents 1904 on ward's land, $25.15

[There are other settlements, some with W. M. Gailbreath, last being July 4, 1910, but none reveal who parents might be or the relationship of J. R. and S. P. Dycus to Oscar Dycus - mlj].

END OF REEL #73