Jackson Co., TN Loose District/Chancery Court Papers
Reel #80, Halfacre - Hamilton
Vol: 1839-1915

Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm

THE BILL OF COMPLAINT OF RHODA HALFACRE AGAINST ANDREW HALFACRE, John P. Murray and William Lamburt, all of Jackson Co. TN.

31 Oct. 1874.

. . . she and defendant Andrew Halfacre were married in Jackson Co. TN upwards of twenty years, the exact time not known, but she thinks it about 24-5 years ago that she was married to said Andrew Halfacre . . .

She charges that her said husband about the year 18[blank] was guilty of divers lewd acts of adultery with one Nancy Petty, sometimes called Nancy Simon, with whom he left the county and stayed several months . . .

Some time afterward, about the year 1861, her said husband was guilty of adultery with a lewd woman by the name of Em Reeves and then or thereabouts with another lewd woman by the name of Liz Putty and with divers other lewd women whose names [are] not known to complainant. Two others of which she remembers now as Betha Denson and Nance Smith . . .

Complainant charges [further adultery at this time].

Complainant further charges that several years ago said Andrew Halfacre beat and abused her very badly on three different occasions . . .

[He has threatened to kill her] . . . Her said husband was nearly always drunk when he abused her as aforesaid . . .

Complainant charges that she and defendant Halfacre have five children as issue of said marriage, three of whom, to wit, Docia aged about twelve years, Albert aged about five years and Julia about two years are minors and that she is the proper person to have the custody and control of said children who are minors.

She and defendant own a tract of land of 150 acres in Jackson Co. TN in District No. [blank] of said County, bounded by the lands of William Wheeler, Jack Brown, Adam Polk, James M. Richmond and others. . . Defendants John P. Murray and Wm. Lambert, complainant is informed, have some sort of a claim on the said land.

Asks for Divorce, alimony, custody of minor children and that her name be restored to Rhoda Anderson, her maiden name.

Rhoda Anderson (her mark)

Settlements of the estate of O. L. Hall. Verda Hall is his widow and is the guardian of his heirs, Bessie and Charlie Hall. -bp.

Maury County, TN

Know all men by these presents that Cicero Hall of the State and County aforesaid does hereby nominate, constitute and appoint L. C. Hall of Jackson Co. TN his true and lawful attorney for him and in his name, [unreadable], place and stead to execute a bond for him payable to the State of Tennessee, conditioned as required by law, as Guardian of Theo Hall, Benton Hall and Wallace Hall, minor children of said Cicero Hall and Mary Ann Hall, deceased, and he will execute said bond before the County Court of Jackson Co. TN with two securities there on in double the estate of said minors which they are entitled to from the estate of their mother, Mary Ann Hall or from the estate of J. W. King, deceased, or his son J. W. King, deceased and from any other source whatsoever.

/s/ Cicero Hall

Deposition taken: Aug. 1911.

DEPOSITION: C. A. HALL.

I am 64 years old.

Henry Bailey is my brother-in-law and the complainants are my children and son-in-law.

I married Elizabeth Bailey in Nov. 1873.

Quest. Was she the mother of your children, the complainants to this suit, and a sister of defendant Henry Bailey?

Ans. Yes, Sir.

Quest. Is she now living or dead? If dead, when did she die?

Ans. She died in April 1910.

Quest. Did you know Reuben and Rachel Bailey and what kin were they, if any, to your wife Elizabeth?

Ans. I knew them. They were my wife's father and mother.

They are dead, and Reuben died first.

Quest. Did Reuben own any property at the time of his death, if so, what did his property consist of?

Ans. He had a couple of horses and milk cow and maybe some hogs and household plunder, about 210 acres of land.

Quest. Who was living with Reuben Bailey at the time of his death, if anyone?

Ans. Defendant Henry Bailey.

Quest. Who lived with Rachel Bailey from the time of the death of her husband until her death, if anyone?

Ans. Henry lived with her until he married and then John Spivy lived with her a while, hardly a year.

Quest. Who lived with her at the time of her death?

Ans. She lived with Henry Bailey.

C. A. Hall says that Henry Bailey took a lot of the timber off of the land after his father died and while his mother was still living. She didn't want him to, but he would threaten to leave if she objected. Henry bought Elizabeth's share for a horse, minus $20. The land at that time was worth $1200 to $1500. Elizabeth agreed to the trade to "shut him up." -bp.

[Henry Bailey] is easy to fly off the handle and is a bull headed sort of a fellow and wants to have his way.

[Reuben Bailey] died in Feb. 1873.

I guess she [Rachel Bailey] died near 1881. I won't be positive. . . She died sometime in Jan., I believe.

. . . Vina Poston, one of her [Rachel's] daughters . . .

. . . his [Henry Bailey's] brother Frank . . .

Quest. How old was your wife when you and she were married?

Ans. I don't recollect now. She was 21 or 22 I suppose.

Quest. Are you the head of a family?

Ans. No Sir. Not now. I am living with my son-in-law.

I own some land, 100 acres.

. . . Henry Bailey and his second wife (she is now dead) . . .

/s/ C. A. Hall

Depositions taken: 28 & 29 Aug. 1911.

DEPOSITION: JOHN C. SPIVEY.

I am 53 years old. I live in the 8th District of this county.

I married Abby Bailey. She is a sister to Henry Bailey.

Quest. How old was your wife at the date you married her. . .?

Ans. I don't know her age exactly, but I guess she was about 19 years old. Her father was dead but her mother was not at our marriage.

[Rachel Bailey] died at Henry Bailey's. She died in Feb.

Quest. When were you married?

Ans. I reckon it was in 1880, in Sept.

Quest. When were you born?

Ans. I don't know my birthday. I am 53 years old and you can count it.

Quest. Look to the License Docket and from it state when you were married.

Ans. I find from looking at the License Docket that I was married Sept. 5, 1878.

Don't know her [his wife's] birthday.

Quest. How long had you been married at the time of her [Rachel's] death?

Ans. About three years, I guess.

J. C. Spivey (his mark)

DEPOSITION: F. M. BAILEY.

I am 69 years old. I live in the 8th District of this county, and a farmer.

Quest. Are you a son of Rueben and Rachel Bailey, brother of defendant Henry Bailey and also an uncle to the complainants, children of Mrs. C. A. Hall, now deceased?

Ans. Yes, Sir.

I know the lands mentioned [owned by Reuben Bailey]. I reckon there is about 200 to 210 acres. My father claimed that there were 240 acres in that tract and he let me have 30 acres off of it--supposed to be 30 acres.

My father died in Jan. or Feb. 1873 and my mother died in 1882.

Quest. Who lived with your mother after the death of your father?

Ans. Henry Bailey and three of the girls.

Calve Hall's wife married the same year my father died, is my recollection now, and left there when she married. The other two married before mother died, but I don't remember the years they married.

Wash Upchurch, a son-in-law of my mothers . . .

. . . Uncle Jim Hall . . . Uncle Harve Crowder . . .

Harve Crowder . . . is dead.

Quest. How old was your mother at her death?

Ans. She was born, as she claimed, in 1817 and died in 1882.

Quest. Can you give the date of the birth and marriage of her children--if so, please give it here--I mean those living, or dead leaving behind.

Ans. I am the oldest. I was born in 1842. Delila, [blank] Upchurch's wife, born in 1844. She married before father's death. Rosetta Raines, I don't remember the date of her birth. I think Henry comes next, born in 1850 or 1851 is my recollection. Julina Poston, wife of Crocket Poston, I think is next. Can't give date of her birth. Elizabeth, wife of Cal Hall comes next. Don't remember when she was born; think she was married in 1873 after father's death. Abbie Spiva born 12 Jan. 1858 is my recollection, married sometime about 1878. These dates are spoken of from memory and from what I have been told about it. I understand the record was destroyed during the Civil War. After the war I made another record from what mother told me. I suppose some of the children or grandchildren have it.

/s/ F. M. Bailey

Deposition taken: 30 Aug. 1911.

DEPOSITION: MRS. ABBY SPIVEY.

Quest. What was your name before you married? What is your husband's name and what relation are you of defendant Henry Bailey?

Ans. Abby Bailey. My husband's name if John Spivey. Henry Bailey is my brother.

Quest. How far did you ever live from your mother from the time you married until her death?

Ans. Not more than half a mile.

I sold my interest in the land [of her father] to Henry Bailey. I don't think he paid me its' worth but we just had to take what we could get.

My husband was indicted for carrying a pistol.

Abby Spivey (her mark)

Deposition taken: 3 Oct. 1911.

DEPOSITION: HENRY BAILEY.

Age 60 years in this month. Live in 8th District of this county.

[My father's] name was Reuben Bailey. He died Feb. 11, 1873.

Rachel Bailey died March 11, 1882.

Quest. How many heirs did your father leave him at his death?

Ans. He left seven children.

Quest. How many of these were entitled to share in his landed estate?

Ans. Six. Brother Frank's share was laid off to him in father's lifetime.

. . . Delila Upchurch died and a few years ago I bought out her four children . . .

Quest. Who has been in possession of said land since your mother's death?

Ans. I have, except the Wash Upchurch heirs when their mother Delila died I laid off a piece of the lower end for her four children and they lived there till they got grown and I bought them and have had it ever since.

I will be 60 the 16th of this month.

Quest. Is Jim Hall living or dead?

Ans. He is dead.

. . . the years 1875, 6, 7, 8, 9, and 1880. Dick and Perry Crowder did most of the hauling.

I controlled it [the land] from the time I was a little boy. I had to do it. Father was not able to see after it.

/s/ Henry Bailey

THE BILL OF COMPLAINT OF HENRY HALL, M. C. RODDY AND HIS WIFE FRANKIE RODDY, W. S. HEAD AND WIFE ELIZA ANN HEAD, ALL OF JACKSON CO. TN AND GRUNDY HALL, A CITIZEN OF CLAY CO. TN AND SAM PARRISH AND WIFE ANGELETTA AGAINST HENRY BAILEY, JOHN SPIVEY AND WIFE ABBEGILL SPIVEY, ALL OF JACKSON CO. TN.

. . . they, except W. S. Head, M. C. Roddy and Sam Parrish are children and the only heirs at law of Elizabeth Hall, deceased, who was a sister to the defendants Henry Bailey and Abbegill Spivey and that complainants W. S. Head, M. C. Roddy and Sam Parrish are the husbands of complainants Eliza Ann Head, Frankie Roddy and Angelletta Parish, respectively.

Complainants state that their mother, Mrs. Elizabeth Hall, was the daughter of Reuben and Rachel Bailey, long since deceased, that the said Reuben and Rachel Bailey had the following children, to wit, Frank Bailey, Delila who intermarried with one Wash Upchurch, Vina who intermarried with one Crocket Poston, Elizabeth (the mother of complainants) who intermarried with one C. A. Hall, Henry Bailey, Abbegill who intermarried with defendant John Spivey, Rosetta who intermarried with one Dawson Rains, who survived their parents.

. . . at the time of his death, said Reuben Bailey was the owner in fee and in possession of the following described tract of land, lying and being in Jackson Co. TN on Webster creek in the 8th District of said county, and bounded as follows, by the lands of W. T. Strode, now Henry Bailey, the lands of John M. Gipson, now Henry Bailey, the heirs of Mounce Gore, deceased, F. M. Bailey and Albert Kirkpatrick and perhaps others . . .

Complainants charge that the said Elizabeth Hall was married to C. A. Hall in Nov. 1873 and they lived together continuously until her death, which occurred on the 20th of April 1910.

. . . [Henry Bailey] procured a deed from Abbegill Spivey and Rosetta Raines, who signed her name Rhoda, to their respective interests in said land, and that since that date the said Rosetta Raines has died without issue . . .

Deposition taken: no date.

DEPOSITION: JOHN BEASON.

I am 61 years of age and live in Clay Co. TN. I am a farmer.

I lived on the widow Bailey's land after her husband's death. I don't remember the exact years but it has been 33 or 34 years ago. I took a lease for three years.

The logs were taken off by her brother, Harve Crowder.

Mrs. Bailey objected to her brothers Norris and Harve Crowder . . .

I am 61 years old but I don't remember the date of my birth. I was born in Fentress Co. My father died when I was small.

John Beason (his mark)

DEPOSITION: VINA POSTON.

I am 59 years old. I live in the 6th District of this county.

Quest. Are you a daughter of Reuben and Rachel Bailey, deceased?

Ans. Yes, Sir.

I married D. C. Poston in the year 1874.

Quest. How long was it after your father's death till you married?

Ans. Four years to a day.

He (Reuben Bailey] said he had give three of his children all he aimed for them to have. There were six of the children he had not given anything. He wanted the timber to stand until mother's death and then the timber and land equally divided between the six children.

The first piece of land he [Henry Bailey] bought was from Albert Kirkpatrick. He also bought Gore or Gipson land.

The next piece of land he [Henry] bought was from Bish Crowder. It lies on Webster creek. The next piece he bought was from Dick Crowder; it lies on Webster creek and joins father's farm. The next was from Mrs. Ray or Missouri Ray joining Mr. Jim Hall, I think. I understand he has sold the Ray place.

Vina Poston (her mark)

Deposition taken: 13 Oct. 1911.

DEPOSITION: JONAS SPIVA.

Age 59, live in 8th District.

Quest. What official positions have you held in this county?

Ans. Constable and Justice of the Peace and School Director.

I have known the Reuben Bailey farm ever since I was a boy. I have lived on the place. I moved there in 1878 or 9 and lived on it four years.

/s/ James Spivey

Deposition taken: 1 Nov. 1911.

DEPOSITION: MARION HARRIS.

I am 63 years of age. I am a farmer principally and live in the 8th District of this county at Meigsville.

I have been Justice of the Peace and Chairman of the County Court.

/s/ Marion Harris

Depositions taken: 25 Sept. 1911.

DEPOSITION: N. [NEWT] C. BYBEE.

Age 70 years. Live in the 8th Civil District of Jackson Co.

I am a Justice of the Peace. I was elected the first time about thirty years ago.

/s/ N. C. Bybee

DEPOSITION: A. K. MOSS.

62 years of age.

Live in 8th District near Meigsville.

A. K. Moss (his mark)

DEPOSITION: WM. HARRIS.

Age 87 years.

Live at Meigsville.

I have been Justice of the Peace for a number of years.

Wm. Harris (his mark)

DEPOSITION: S. L. [LAFAYETTE] MOSS.

Age 52. Live near Meigsville.

I used to stay at Frank Bailey's, my brother-in-law . . .

/s/ S. L. Moss

Deposition taken: 11 Aug. 1911.

DEPOSITION: M. L. BAILEY.

I am 68 years old and my husband is Frank M. Bailey.

Quest. When were you and Mr. Bailey married?

Ans. 1866.

/s/ M. L. Bailey

Deposition taken: 29 Aug. 1892.

DEPOSITION: MRS. LIZZIE LOFTIS.

I am 36 years old. I live about one mile south of Gainesboro. I know Eliza F. Gipson . . . I was related to her by marriage. She was my Great Aunt by marriage.

The doctor said she had cancer of the womb.

Lizzie Loftis (her mark)

Deposition taken: Aug. 1892.

DEPOSITION: DR. D. K. FINK.

Age 64 years. I reside in Gainesboro. I am a physician.

Quest. How long have you been a regular practicing physician?

Ans. About 40 years.

John M. Gipson died in 1881, in Feb. or March I think. She [Eliza F. Gipson] died in March 1882.

She had cancer of the womb.

Quest. Were you called to see Negroes Winnie and John? If so, by whom?

Ans. I was called to see them by Eliza Gipson.

/s/ D. K. Fink

Deposition taken: 14 Jan. 1896.

DEPOSITION: JAMES HALL.

I am one of the complainants.

I and E. F. Gipson, deceased, are brother and sister.

She [E. F. Gipson] had no children--the parties to this suit are her heirs--being her brothers and sisters and their descendants.

He lists personal property that E. F. Gipson had at her death, worth all together at least $600. -bp.

L. M. Gipson, the Admr. of J. M. Gipson, moved into the house and took possession of everything immediately after her death. No administrator of E. F. Gipson was appointed for a long time.

Quest. State whether or not L. M. Gipson set up claim to all of said property as Administrator of J. M. Gipson, deceased, and also did he or not set up claim to the real estate of E. F. Gipson, claiming that said property belonged to the estate of J. M. Gipson, deceased.

Ans. He did--claiming that he being an adopted son of John M. Gipson and as E. F. Gipson had died intestate and without issue, he was her sole heir, she being John M. Gipson's widow.

Quest. What steps did you take in relation to your interest in your sister E. F. Gipson's estate?

Ans. It being adversely claimed and would cost a big lawsuit--I sold out my entire interest to my brother, W. F. Hall for $50.

When the execution came from the Supreme Court in favor of D. K. Fink vs. me and the other heirs of E. F. Gipson . . .

[Tandy F. Hall] was her [E. F. Gipson's] administrator. He is dead.

/s/ James Hall

DEPOSITION: W. W. ROGERS.

I am [a party to this suit].

[I] married Pollie E. Hall, a daughter of W. T. Hall, Oct. 1890. W. T. Hall was dead at the time I was married. He died in the year 1883.

/s/ W. W. Rogers

DEPOSITION: MARY A. C. CASON.

Quest. Are you a sister of Eliza F. Gipson?

Ans. I am.

I sold my interest [in the estate of E. F. Gipson] to W. T. Hall for $50.

/s/ Mary A. C. Cason

DEPOSITION: M. B. YOUNG.

I reside in Gainesboro TN. Am a lawyer and have been practicing law in Jackson Co. more or less for the last twenty years.

/s/ W. B. Young

DEPOSITION: W. W. DRAPER.

I live in Gainesboro TN. Am a lawyer.

/s/ W. W. Draper

THE BILL OF COMPLAINT OF JAMES HALL in his own right and Permelia Hall a lunatic by her general guardian James Hall, W. W. Rogers and his wife Polly Rogers and M. A. C. Cason of Jackson Co. TN and K. J. Hall and Lenard Hall of Clay Co. TN against D. K. Fink of Jackson Co. TN, Allice Loftis and her husband Labin Loftis, Sallie Biggerstaff of the State of Texas, James L. Hall, Leana Lenard, Zerilda Anderson of the State of Missouri, who is now dead and whose heirs are unknown to your complainants, W. H. Anderson, Eliza F. Porter, Permilia Riggs, Laura Z. Brown, Silas B. Rogers, Henry Rogers, Leana Snider, Zerilda Hamilton, now deceased and heirs and their residences unknown to complainants, Corinda Rogers, all nonresidents of Tennessee . . .

. . . John M. Gipson departed this life testate in Jackson Co. TN in Feb. 1881 after having first made and published his last will and testament bequeathing to his widow Eliza F. Gipson who survived him, certain town lots and personal property mentioned and set out in said will and also bequeathing to his adopted son L. M. Gipson and to one John M. Gipson York jointly the rest and residue of his property, he having died without issue, there being no children born to him by his said wife Eliza F.

His widow Eliza F. Gipson was named as Executrix of the will, who took charge of the estate and began to wind up the same but being in bad health did but little with the estate prior to her death which occurred on the 2nd day [sic] of March 1882 at her home in Jackson Co. TN. She died intestate without issue leaving as her only heirs and distributees your complainants James Hall, Mary A. C. Cason, Sally Rogers and the defendants except D. K. Fink and the husbands of the married women.

Sometime between the bringing of the suit of W. T. Hall et. als. vs. L. M. Gipson and others [on 3 July 1883] and the 22 Nov. 1883, W. T. Hall died, leaving Tandy F. Hall, K. J. Hall, Allice Loftis, Polly Rogers and Lenard Hall his only children and heirs at law.

They charge that Eliza F. Gipson died on the 4th [sic] of March 1882 . . .

Deposition taken: 29 April 1896.

DEPOSITION: JAMES HALL.

. . . Permilia Hall, a lunatic sister . . .

. . . Judge M. B. Young . . . would make Pole (that is his brother, N. B. Young) . . .

/s/ James Young

DEPOSITION: ELVIRA CASON.

/s/ E. C. Cason

Depositions taken: 11 March 1896.

DEPOSITION: JAMES HALL.

/s/ James Hall

DEPOSITION: JAMES T. ANDERSON.

I am the administrator of the estate of E. F. Gipson, deceased.

/s/ James T. Anderson

DEPOSITION: W.W. DRAPER.

I have resided in Gainesboro TN since Nov. 1881. I am an attorney.

ORDER.

1 Feb. 1897.

Personally come M. F. Cason and L. B. Cason and make oath that one of the complainants, M. A. C. Cason, in the case of James Hall & others against D. K. Fink & others in the Chancery Court of Jackson Co. TN, has died since the last term of this Court.

THE BILL OF COMPLAINT OF DAVID K. FINK, a citizen of Jackson Co. TN against James Hall, Permilia Hall, Edward M. Cason and his wife Mary Cason, Tandy F. Hall in his own right and as Administrator of W. T. Hall, deceased & as Administrator of E. F. Gipson, deceased, K. J. Hall, Laban Loftis and his wife Alice Loftis, James Leonard Hall and Pollie E. Hall, the last two being minors and H. W. Williams, their general guardian and in his own right, all citizens of Jackson Co. TN, Leana Leonard, Wm. H. Anderson, Martha M. Anderson, Mathew M. Anderson, John H. Anderson, Eliza F. Porter and her husband W. N. Porter, Permilia Riggs and her husband J. C. Riggs, Laura C. Brown and her husband F. B. Brown and one other child of Zerilda Anderson, deceased, whose name and sex is unknown, all of the State of Missouri, Sallie Biggerstaff, a citizen of the State of Texas, James L. Hall, a citizen of the State of Mississippi, Silas B. Rodgers, Henry Rodgers, Leana Snider and her husband [blank] Snider, of the State of Illinois, Zerilda Hamilton and her husband Milton Hamilton of the State of Arkansas, Clarinda Rodgers, a daughter of Martha Rodgers, who is supposed to be married but her husband is unknown to complainant, of the State of Kansas.

13 March 1885.

Said Eliza Gipson also died without issue and therefore the defendants, except Pollie Hall and the husbands of the married women and H. W. William are her only heirs at law, being her brothers and sisters and children of such of her brothers and sisters as are dead.

. . . he [Dr. Fink] was called in at the instance of said Eliza to treat other members of her family in severe cases of sickness, to wit, Winny, John and Lee Gipson, col., who were servants living with her . . .

Deposition taken: 9 Sept. 1892.

DEPOSITION: C. E. REEVES, JR.

Aged 23 years.

I live in Gainesboro TN. Occupation physician.

Quest. What medical school, if any, have you attended? How long did you attend the school?

Ans. Vanderbilt University and University of Nashville TN. I attended two terms.

I graduated with University of Nashville and Vanderbilt University.

I have been practicing two years.

I have known of him [Dr. Fink] going on sprees ever since I have known him.

/s/ C. E. Reeves, Jr.

Deposition taken: 9 Sept. 1892.

DEPOSITION: B. R. WASHBURN.

I live in Jackson Co. and my occupation is physician.

Quest. Where was you educated in your profession?

Ans. In the Medical Department of the Vanderbilt University.

Quest. Was you graduated and did you get a diploma?

Ans. Yes, Sir.

[Dr. Fink] has been given to protracted sprees . . .

/s/ B. R. Washburn

Depositions taken:

DEPOSITION: BENAMIN A. SMITH.

Martha Rash is my oldest daughter. She and her family lived with me at the time named [at the time of Eliza Gipson's sickness].

He [Dr. Fink] was in the habit of taking long drunken sprees.

/s/ B. A. Smith

DEPOSITION: WM. A RASH.

[Martha E. Rash] is my wife.

W. A. Rash (his mark)

DEPOSITION: MISS ELLEN SMITH.

I am her [Martha E. Rash's] sister.

She [Martha E. Rash] has had no health since Mrs. Gipson's death and I attribute her constant attendance on her the cause of that.

. . . my sister's children, which were all small, she having died in August before Mrs. Gipson died the next Spring.

[This is the same case as the prior one, just an additional folder. bp.]

Depositions taken: 24 Jan. 1889 at Bloomington, Putnam Co. TN.

DEPOSITION: REBECCA DRAPER.

62 years old.

[Eliza Gipson] boarded with me. Dr. Fink attended on her while she was there.

/s/ Rebecca Draper

DEPOSITION: W. W. BAKER.

43 years old.

I consider Dr. Fink one of our foremost physicians in this section . . .

/s/ W. W. Baker, M. D.

DEPOSITION: DR. D. K. FINK.

Depositions taken: 20 Sept. 1894.

DEPOSITION: J. T. ANDERSON.

Mrs. Gipson had been dead about eight years when I was appointed [Administrator of her estate].

/s/ J. T. Anderson

DEPOSITION: W. W. DRAPER.

/s/ W. W. Draper

Deposition taken: 19 Aug. 1895.

DEPOSITION: W. W. ROGERS.

My wife is a niece of E. F. Gipson and a sister of T. F. Hall.

[I] am the Administrator of T. F. Hall, deceased.

/s/ W. W. Rogers

Depositions taken: 22 Aug. 1892 at Bloomington, Putnam Co. TN.

DEPOSITION: R. F. JULIAN.

Aged 38 years.

I reside in Bloominton, Putnam Co. TN. I am a practicing Physician.

Quest. How long have you been employed in the study and practice of medicine?

Ans. Twenty years.

I have always regarded Dr. D. K. Fink one of the best physicians and nurses that we have ever had in this country.

/s/ Dr. K. F. Julian

DEPOSITION: W. W. BAKER.

Quest. What is your age, residence and profession?

Ans. 45 years. Bloomington TN. Practicing physician for about 12 years. Am a graduate of Vanderbilt Medical College and Institute of Phenology, N. Y.

/s/ W. W. Baker, M. D.

DEPOSITION: ELIZABETH CORNWELL.

Quest. How old are you? Where do you live?

Ans. Don't know. In Bloomington, TN, formerly of Gainesboro TN.

Elizabeth Cornwell (her mark)

Depositions taken: 6 & 7 June 1889.

DEPOSITION: S. T. STONE.

I am 42 years of age. Residence Gainesboro TN. Occupation a physician.

/s/ S. T. Stone

DEPOSITION: JAMES J. STAMPS.

Age 54 years. Residence Gainesboro TN. Occupation farmer and carpenter.

/s/ J. J. Stamps

DEPOSITION: MISS MARY HENLEY.

I am 28 years old and live about one half mile from Gainesboro.

. . . Malissa Copeland, who is now dead.

Mary Henley (her mark)

DEPOSITION: JOHN V. MINOR.

My age is 55 years old. Gainesboro is my residence. Occupation Druggist.

John M. Gipson died Feb. 4, 1881. Eliza F. Gipson died March 5, 1882.

/s/ John V. Minor

DEPOSITION: JAMES W. STAFFORD.

I am 43 years old. Residence Gainesboro. I am Clerk and Master of the Chancery Court at this place.

/s/ James W. Stafford

DEPOSITION: MRS. AMERICA HARRIS.

I was born in Oct. 1821. My residence is Gainesboro.

When Eliza F. Gipson died I was a practicing physician . . .

I have had a great deal of experience in waiting on females and in treating female diseases and nursing the sick. Have been engaged upwards of thirty years in the business. I read ten years before I commenced practice.

/s/ America Harris

Deposition taken: 27 Aug. 1892 in Cookeville, Putnam Co. TN.

DEPOSITION: FRANCIS A. SPEAKMAN.

I am 56 years old and live in Cookeville.

She [E. F. Gipson] married my uncle, my mother's brother.

I know she sent for him [Dr. Fink] to come to see Negro Winnie . . . and he got there the evening before Winnie died.

. . . a Negro woman named Liz Cornwell.

/s/ F. A. Speakman.

Deposition taken: 16 Sept. 1891 at the residence of Fannin Henley in Jackson Co. TN.

DEPOSITION: MARY HENLEY.

Mary Henley (her mark)

Deposition taken: 19 Sept. 1891.

DEPOSITION: S. B. FOWLER.

38 years of age. Physician and surgeon and have been practicing medicine about 12 years. Have been practicing at Gainesboro since the year 1880.

I graduated at the Ohio Medical College March 1881. I had prior to that time attended the Vanderbilt University Medical Department, Nashville TN.

I heard him [Dr. Fink] say he studied medicine under Dr. Black of Kentucky and that he never attended any medical college.

/s/ S. B. Fowler

Deposition taken: 15 Sept. 1891.

DEPOSITION: AMERICA HARRIS (cross-examination).

D. K. Fink is a single man, a bachelor, and where the people in whose family he doctors are well off and capable of taking care of him, he stays with them while he is waiting on them. This is his custom and he stays for months at a time sometimes.

/s/ America Harris

Deposition taken: 15 Sept. 1891.

DEPOSITION: MRS. M. A. RASH.

/s/ Martha Rash

Deposition taken: no date.

DEPOSITION: S. T. STONE.

/s/ S. T. Stone

Deposition taken: no date.

DEPOSITION: M. A. E. CASON.

Aged 71 years.

Eliza F. Gipson, wife of the late John M. Gipson, was my sister.

/s/ Mary A. E. Cason

THE PETITION OF WILLIAM H. TONEY of Jackson Co. TN against William Brown & his wife Jennie Brown, Harvey Long & his wife Susan Long, Nimrod Reed, Leannah Lawson, Martha Toney, Nancy Toney, Mary Lawson, citizens of Jackson Co. & Harrison Osgatharpe and his wife Harriet Osgatharpe of Clay Co. TN.

13 Sept. 1887.

. . . William Toney died intestate in Jackson Co. in the year 18[blank], that a number of years before his death, to wit, on the 26th day of March 1873, he sold, transferred and conveyed to your petitioner by deed with the usual covenants of seizure and warranty a certain tract of land described as follows: lying and being situated in Jackson Co., State of TN in Civil District No. 1 in said county on the South Side of Cumberland River, beginning at a stake on the South Side of Cumberland River . . . southeast corner of the Settle tract, thence with the meanders of William Toney's line to the creek, thence down the creek to the Gainesboro Road . . . containing 60 acres . . . The consideration mentioned in said deed was $1500 . . .

On the same day the deed was made, your petitioner executed . . . three notes . . . in the aggregate to $ 1051.00, part consideration for said land.

Your petitioner made various payments to said William Toney on said land purchase, amounting to as much as the land was reasonably worth, though lacking something of being the full amount originally agreed upon between the contracting parties. And the said William Toney released your petitioner from any further payment or liability . . .

Jennie Brown, Harriet Osgatharpe, Leanna Lawson, Martha Toney, Nancy Toney, Mary Lawson and your petitioner are the children and heirs at law of the said deceased William Toney. Susan Long is a daughter and the only living child of his deceased daughter Becky Osgatharpe; Nimrod Reed has bought the interest or part of the interest of Leanna Lawson in the estate of William Toney, deceased, as your petitioner is informed. John Lawson perhaps owns part of said interest.

The mother of petitioner, Mrs. Nancy Toney (now about 87 years old) . . .

He believes the other heirs are going to sue him for the balance due on the land, and he wants the deposition of his mother taken in regard to this before she dies. -bp.

/s/ W. H. Toney

Depositions taken: 24 Oct. 1846.

DEPOSITION: SAMUEL DEWHITT.

Aged 54 years.

In one of the years alluded to [1841 and 2], perhaps 1842, I was called on to write the will of William Toney . . .

/s/ Samuel Dewhitt

DEPOSITION: HENRY CROWDER.

Aged 49 years.

Henry Crowder (his mark)

Depositions taken: 5 Jan. 1847.

DEPOSITION: CURTIS TERRY.

Aged 44 years.

/s/ Curtis Terry

DEPOSITION: WILLIAM SPIVEY.

Aged 22 years.

Wm. Spivey (his mark)

DEPOSITION: THOMAS BIBEE.

Aged 20 years.

Charles was a Negro man belonging to Toney.

I am living with Toney now and have been living with him about 12 months this last time.

I lived with Toney once about 12 months before, and I have stayed there several times some six months at a time.

Thomas Bibee (his mark)

DEPOSITION: JOSEPH SPIVEY.

Aged 23 years.

Joseph Spivey (his mark)

DEPOSITION: JOHN C. WINTER.

Aged 28 years.

/s/ John C. Winter

Depositions taken: 21 March 1846.

DEPOSITION: STERLING HARRIS.

64 years.

/s/ Sterling Harris

DEPOSITION: GEORGE MC CLELLAND.

About 63 years.

/s/ George McCleland

DEPOSITION: JOHN F. MONTGOMERY.

Aged 26 years.

. . . the firm of Toney & Montgomery . . .

. . . the boat that Toney and myself were in partnership with--cattle fell in price in a day or two after we got there--so low that in a few days after we landed we stopped selling.

/s/ J. F. Montgomery.

Note: the above depositions are very hard to read because of bleed through in the document. -bp.

THE BILL OF COMPLAINT OF JOHN A. HALL of Jackson Co. TN against William Toney, also of Jackson Co. TN.

He claims they had a partnership in farming and boating.

He says he was a member of the family.

He believes he has not gotten his share of the profits of the partnership. -bp.

First page is missing of this document. Seems to be a BILL OF COMPLAINT. -bp.

. . . Kirkpatrick and Hall were both owners of large and valuable estates. . .

. . . said Robert C. Kirkpatrick had, prior to the war or about the first part of it, sent a large and valuable lot of tobacco to commission merchants in N. O. for sale and sometime after the close of the war he went in person to New Orleans to collect from the sales of said tobacco several thousand dollars money and brought the same home . . .

Respondent and orator charges that soon after he got this tobacco money, said Kirkpatrick went into partnership with the defendant Mounce L. Gore in the retail mercantile business in Gainesboro . . .

REPORT OF THE CLERK AND MASTER.

. . . touching the title of the houses and town lots in Gainesboro involved in this case . . . about the 15th day of May 1846 one Samuel E. Stone for the consideration of $300 sold and conveyed by deed in fee simple the said property to L. C. Hall . . . in the summer of 1847 said L. C. Hall sold said land to B. B. Washburn . . . the said Washburn sold the said property to R. C. Kirkpatrick. . . said R. C. Kirkpatrick went into possession under his purchase about the first of Jan. 1850 . . . until the year 1858 or 1859 when he sold the same to W. M. Clements . . .

Depositions taken: 5 July 1882.

DEPOSITION: L. H. BUTLER.

I am the Clerk of this County Court of Jackson Co. TN.

/s/ T. H. Butler

DEPOSITION: WM. DRAPER.

/s/ William Draper

DEPOSITION: JOHN H. CHAFFIN.

I am the Register of Jackson Co.

/s/ J. H. Chaffin

DEPOSITION: GEO. W. MOSELY.

/s/ G. W. Mosley

DEPOSITION: H. W. WILLIAMS.

/s/ H. W. Williams

DEPOSITION: J. W. MEADOWS.

/s/ J. W. Medders

THE BILL OF COMPLAINT OF NANCY D. HALL by her next friend Cicero Hall of [Jackson has been crossed out, something written in that looks like Olixon -bp.] Co. TN against L. C. Hall and John R. Murray of Jackson Co. TN & the "so called" Bank of Middle Tennessee of Lebanon TN . . .

Filed 20 Nov. 1880.

. . . she is the daughter of William Tompson who died many years ago on the place where complainant now lives. At the time of his death said William Tompson was the owner of the tract of land on which your oratrix now lives. It lies in the 2nd Civil District of Jackson Co. on the North Side of Cumberland River. It is known as the William Tompson tract and bounded East by the lands of Philip M. Ray, South by Cumberland River, West by the old Scanland farm and North by the Scanland lands known as the Tan Yard place.

She further charges that said William Tompson left several children at his death and some personal estate. She alleges that she was a minor at the death of her father, and Garet Sadler was her general guardian duly qualified and took into his hands the personal estate of your oratrix, which amounted to between one and two thousand dollars . . .

. . . while she was yet a minor, on the 13th day of July 1847 she married defendant L. C. Hall, since which time she and defendant Hall have continued to live together as man and wife and are still living together.

Sometime before her said marriage, the Tompson farm hereinbefore described was partitioned among the heirs of said William Tompson. What is called lot No. 1 was assigned to your oratrix and on this lot the dwelling stands in which your oratrix now lives. Lot No. 2 was assigned to G. B. Tompson, Lot No. 3 to Elizabeth Kirkpatrick and Lot No. 4 to Sarah Fitzgerald. These were children of said William Tompson. She alleges that sometime after her marriage as aforesaid, defendant L. C. Hall, her husband, wanted to draw her money, then in the hands of her said guardian, and buy Negroes with it. Your oratrix avers directly that she refused to permit her said husband to use the money in the purchase of Negro slaves. But she agreed that he might take the money of your oratrix, then in the hands of her said guardian, and buy lots Numbers 2, 3, and 4 aforesaid as a farm and home for your oratrix. But for this promise she never would have agreed that he might have her money.

These lots have now been sold by a Court decree as the property of L. C. Hall. She claims they were her property. -bp.

Deposition taken: 15 Jan. 1883 at Wilson Co. TN.

DEPOSITION: SAMUEL T. MOTLEY.

I was President of the Bank of Middle Tennessee from 1854 when it was organized under the Free Banking laws of Tennessee until it was organized into a Stock Bank [July 25, 1860], after which I was Cashier.

/s/ Sam'l t. Mottley

Depositions taken: 25 May 1882.

DEPOSITION: ADELINE SPIVEY.

Aged 51 years.

I think it was when her second child was a baby, which was Kirk.

Adeline Spivey (her mark)

DEPOSITION: SARAH F. TINCH.

About the age of 53.

I was raised in Putnam Co., about five miles of Cookeville.

I married here [in Jackson Co.] in time of the war.

. . . her [Nancy Hall's] sister Puss . . .

DEPOSITION: LARKIN KERNEL.

Larkin Kernel (his mark)

DEPOSITION: LUCINDA BIRDWELL.

Aged 68 years.

I have known her [Nancy Hall] all her life.

Lucinda Birdwell (her mark)

Depositions taken: 26 May 1882.

DEPOSITION: MALISA COPELAND.

Aged 48 years.

Quest. Where do you live at this time?

Ans. In Bloomington in Putnam Co.

Mr. Hall had several Negroes before the war. I don't know how many.

/s/ Melissee Copeland

DEPOSITION: MRS. MARY MC CARVER.

Age of 45.

. . . their [L. C. & Nancy Hall's] daughter Candice . . .

/s/ Mary McCarver

DEPOSITION: POLLY GENTRY.

Aged 80.

Quest. Did you not live in the house with Mrs. Hall for four years . . .?

Ans. Yes, Sir.

Polly Gentry (her mark)

DEPOSITION: LITTLETON C. HALL.

About 64 years old.

Quest. Are you the defendant Hall in this case and the husband of Nancy Hall?

Ans. I am.

Nancy D. Hall is a daughter of Wm. Thompson. Said Thompson lived on the farm I now live on as I understand it.

Quest. When came they [the deeds] lost?

Ans. In time of the war in 1863 I think, while I was in the army.

Quest. Did you and Mrs. Hall have a large family of children to support and educate and have you some children with you now?

Ans. We had 14 at one time and have 6 now, including Hall Kirkpatrick.

I was 64 years the 15 day of this month.

Quest. With whom did your wife live at the time of your marriage?

Ans. She was staying at Ben Scantland's at the time--he being her uncle.

I am a licensed lawyer and practiced before the war with A. W. DeWitt or such a matter, since the war with H. M. Cryor.

/s/ L. C. Hall

Depositions taken: 27 May 1882.

DEPOSITION: NANCY D. HALL.

Aged 52 years.

. . .Uncle Garett Sadler . . .

/s/ Nancy D. Hall

DEPOSITION: ROBERT H. WASHBURN.

He [L. C. Hall] stayed at my father's house prior to his marriage, about the year 1844 . . .

. . . my brother, B. B. Washburn . . .

/s/ R. H. Washburn

Depositions taken: 7 Dec. 1882.

DEPOSITION: MALISSA COPELAND.

Mrs. Hall informs me that she raised 13 children. . . Seven girls and six boys.

/s/ Malissee Copeland

DEPOSITION: LARKIN KERNEL.

Larkin Kernel (his mark)

DEPOSITION: LUCINDA BIRDWELL.

I have lived near them [the Halls] ever since 1853.

Mrs. Hall is the mother of tolerable large family, 13 children I think.

Quest. How many boy children did Mrs. Hall have?

Ans. Six.

I don't think any of the boys stayed with him until they were 21 years old.

Lucinda Birdwell (her mark)

DEPOSITION: ADELINE SPIVEY.

Aged 52 years.

I have raised eight children.

Adeline Spivey (her mark)

Depositions taken: 13 Dec. 1882.

DEPOSITION: POLLY GENTRY.

Aged 80 years.

Quest. Did not L. C. Hall have several Negroes prior to the war?

Ans. Yes, Sir, but Mrs. Hall claimed them.

Polly Gentry (her mark)

DEPOSITION: L. C. HALL.

Aged 64 years.

We have raised 14 children, 13 of our own and one of R. C. Kirkpatrick's; have five with us now, including Kirkpatrick's.

Quest. If you have been financially embarrassed, what caused it?

Ans. By going security.

W. H. Thompson was a brother to my wife. I supposed he lived here until he went to Texas where he died. He never was married.

I was 64 years old 15th day of last May.

/s/ L. C. Hall

Deposition taken: 14 Dec. 1882.

DEPOSITION: NANCY D. HALL.

Aged 53 years.

My mother was my guardian as long as she lived and after she died Uncle Garrett Sadler was my guardian.

Quest. Did not your grandfather Sadler charge you Board after your mother died? Say how much per week or near to.

Ans. He did, but I don't know how much. He did not charge me very much.

Quest. Was not your Board Bill and clothing and tuition, after your father died, paid out of your funds coming from his estate in the hands of your Guardian?

Ans. It was paid out of the hire of a Negro woman and man that my mother left for that purpose.

I never went to but one three month school in Gainesboro that was paid for after my mother died. I boarded at Dr. Kenners. He charged me nothing. My guardian paid that tuition. I went to a writing school in Granville ten days that cost one dollar. I never got much education. My grandfather Sadler would never send us to school, only a three month free school.

Quest. When a young girl and before you married, did you not mix and mingle with the Best Society in the country?

Ans. I did.

Quest. When young and before you married, did you not attend large religious meetings, and very often?

Ans. Of course I would go to meeting. I don't know that I went unusually often.

Quest. Did you not, when young, attend a great many parties and balls?

Ans. I never went to but one party in my life.

Quest. How many balls?

Ans. None.

I was born 30 June 1830 and married 13 July 1847.

/s/ Nancy D. Hall

THE BILL OF COMPLAINT OF NANCY D. HALL AGAINST J. A. M. BIRDWELL, both of Jackson Co. TN.

Summary: On 1 Jan. 1887, complainant contracted a 15 acre parcel of land to defendant at the price of $150 and took his notes for the purchase money. $17 has been paid; the balance is due. Birdwell is insolvent. -bp.

SETTLEMENT, 29 April 1898.

Receipts for dispersals from estate.

Receipt for burial expenses dated 28 Jan. 1898.

Receipt for burial expenses dated 23 Jan. 1898.

Receipt for coffin dated 29 Jan. 1898.

Receipt for medical bill dated 29 Jan. 1898.

Receipt for medical bill dated 27 Jan. 1898.

REPORT OF SALE.

7 June 1884.

. . . the house and lots where Dr. John A. Pillons now lives . . . when H. W. Williams became the purchaser at the price of $600 . . .

They next offered the tract of land, house, etc. where L. M. Gipson now lives, known as the W. G. Cox place when Dr. S. B. Fowler became the purchaser at the price of $1915 . . .

We next offered the house and lots where M. B. Young now lives and the lot under the Hill enclosed with rock wall when M. B. Young became the purchaser at the price of $1000 . . .

Depositions taken: 12 & 14 March 1884.

DEPOSITION: JAMES HALL.

[William T. Hall] was my brother.

I know of him [William T. Hall] purchasing six shares in said estate [that of Eliza F. Gipson] namely my share, James Hall, also the share of Mary Ann Cason, also the share of Leanna Lenard, also the share of Sallie Biggerstaff, also the shares of the heirs of Zerreda Anderson, deceased, the share of James L. Hall, the son and only heir of Trice Hall, deceased. The parties above mention[ed] are the brothers and sisters of Eliza F. Gipson and the children of a deceased brother and sister of the said Eliza F. Gipson.

There are nine distributive shares of said estate. Wm. T. Hall owned a share in his own right, and Permilia Hall, my ward, owns one share and the heirs of Martha Rodgers, deceased, owned one share . . .

/s/ James Hall

DEPOSITION: R. A. COX.

I am 51 years of age.

My profession and occupation is that of lawyer and farmer. My residence is Gainesboro, Jackson Co. TN.

I was Clerk & Master of this Court about eleven years.

/s/ R. A. Cox

DEPOSITION: JAMES T. ANDERSON.

I am a licensed lawyer.

/s/ J. T. Anderson

DEPOSITION: M. L. GORE.

/s/ M. L. Gore

DEPOSITION: GEORGE H. MORGAN.

/s/ Geo. H. Morgan

DEPOSITION: NATHAN M. COX.

I am a practicing solicitor and licensed lawyer and have been practicing for about ten or twelve years.

/s/ Nathan M. Cox

THE BILL OF COMPLAINT OF TANDY F. HALL, K. J. Hall, Alice Loftis and her husband Labin Loftis, H. W. Williams and M. B. Young, citizens of Jackson Co. TN against Permilia Hall, a lunatic, and James Hall her general guardian, Lennard Hall and Polly E. Hall who are minors and complainant H. W. Williams who is their general guardian, but as his interest in this suit is adverse to theirs a guardian ad litem for them should be appointed, all of the same residence, and Silas B. Rogers, Henry Rogers, Leanna Snider, Zerilda Hamilton and Clarinda Rogers, resident citizens of the States of Illinois, Arkansas and Kansas.

. . . [in] 1882, Eliza F. Gipson departed this life intestate in Jackson Co. TN, seized and possessed of a small personal estate and the following Real Estate, to wit, the houses, lots and out buildings where she lived at her death in Gainesboro, consisting of two lots where said houses, etc. are situated and garden under the hill, which adjoins the lots of R. A. Cox and the lots East of the same which John M. Gipson purchased of Z. Van Hooser. Also said last mentioned two lots which has a stable on them and which adjoin H. W. Williams and the lot whereon Dr. John A. Pillow now lives on the east. Also said John A. Pillow house and lot which adjoins said last mentioned lots and H. W. Williams lots and others. Also a small tract of land lying South of the old Corporation of Gainesboro and valuable buildings thereon whereon L. M. Gipson now lives, adjoining the lands of John M. Gipson estate, E. C. Stamps, John P. Murray and the Sam E. Stone estate lands, being the same tract which W. C. Cox sold and conveyed to John M. Gipson in his lifetime. Said Real Estate all lies in and near the town of Gainesboro, Jackson Co. TN, and the same which John M. Gipson, husband of said Elvira F., devised to her by his last will and testament . . .

The brothers and sisters of Eliza F. Gipson are named. -bp.

. . . L. M. Gipson, a natural and adopted son of John M. Gipson, deceased . . .

William T. Hall departed this life intestate in Jackson Co. TN, to wit, on the 31st day of Aug. 1883 . . . complainants Tandy F. Hall, K. J. Hall, Allice Loftis, wife of Labin Loftis, Lenard Hall and Polly E. Hall, are the only children and heirs at law of said William T. Hall, deceased.

This only includes brief financial accounts of these two wards of T. F. Hall.

MORTGAGE DEED.

3 Jan. 1882.

Bennatt Minor mortgages to William T. Hall, for $150, a tract of land in the 8th Civil District of Jackson Co. TN on the North Side of Cumberland River bounded on the East by the lands of A. D. Hall, on the South by Cumberland River, West by the lands of H. Spivey and North by the lands of Calvin A. Hall and James B. Cherry, being the same lands he now lives on and containing by estimation 310 acres. He is to repay the $150 in 30 days. -bp.

s/s Bennett Minor

Tandy Hall is trying to foreclose on this note. -bp.

Also included are a few settlements. -bp.

REPORT OF SALE.

. . . on the 3rd Nov. 1884 . . . sold the tract of land decreed to be sold in this cause lying on Sugar creek in the 5th District of Jackson Co. TN . . . when G. V. Dodson became the purchaser, he being the highest bidder at the price of $501 . . . with S. T. Dodson and W. H. Dodson as security . . .

Depositions taken: 5 Sept. 1884.

DEPOSITION: MARION HARRIS, SEN.

I am a landholder in the same District.

/s/ Marion Harris

DEPOSITION: L. S. ANDERSON.

I have lived in the neighborhood about 15 years.

/s/ L. S. Anderson

DEPOSITION: JAMES HALL SEN'R.

/s/ James Hall

DEPOSITION: JOHN B. ANDERSON.

/s/ J. B. Anderson

DEED.

18 Oct. 1882.

. . . Green B. Hall and his wife Rosetta Hall of the County of Jackson, State of TN, for and in consideration of the sum of $400 cash in hand . . . [sell to] William T. Hall of said county and state the following described tract or parcel of land, lying in the 8th Civil District of Jackson Co. TN on the South Side of Cumberland River and bounded as follows, to wit, . . . west side of Sugar creek in a conditional line made between Thomas J. Rose and John Hall . . . conditional corner made between Wm. Harris and Green B. Hall . . .

s/s G. B. Hall

s/s Rosetta Hall

BILL TO SELL LAND FOR DISTRIBUTION.

THE BILL OF COMPLAINT OF TANDY F. HALL, K. C. Hall, Labin Loftis and his wife Alice Loftis, all of Jackson Co. TN against Howell W. Williams, General Guardian of James Leonard Hall and Pollie E. Hall, all of Jackson Co. TN.

. . . in the year 1883 William T. Hall departed this life in Jackson Co. TN, seized in fee of the tract of land hereinafter described. And that upon his death intestate said land passed to and descended to his only children and heirs at law, to wit, Tandy F. Hall, K. J. Hall, Allice Loftis wife of complainant Labin Loftis, Jr., James Leonard Hall and Pollie E. Hall.

They ask to sell the land and divide the proceeds. -bp.

THE BILL OF COMPLAINT OF WM. T. HALL, James Hall, Permilia Hall & Polly Hall, citizens of Jackson Co. TN against Eliza Gipson and her husband John A. Gipson, Mary E. Cason and her husband Edward M. Cason, James L. Hall & G. C. Jourdon, citizens of Jackson Co. TN, Leanna Leonard, a citizen of the State of Missouri, Sallie Biggerstaff & her husband Benjamin B. Biggerstaff, citizens of the State of Texas, Leanna Snider & her husband [blank] Snider, Permilia Hamilton & her husband Milton Hamilton, Clarinda Rogers, Silas Rogers & Henry Rogers, citizens of the State of Illinois.

23 Sept. 1873.

. . . Henry Hall departed this life in Jackson Co. on or about the first day of Aug. 1866, having first made and published his last will and testament.

At the Sept. term of the County Court of Jackson Co. 1866 said will was admitted to probate before said County Court and was then and there proven in common form by Lafayette Washburn and A. D. Hall, the subscribing witnesses thereto, and your orators Wm. T. Hall, James Hall, and defendant J. M. Gipson were by said testator appointed executors of said will . . .

. . . on the night of the 14th of Aug. 1872 the Court House of Jackson Co. in Gainesboro was burned.

The will of Henry Hall . . . together with the record thereof . . . were destroyed by the burning of said Court House.

Said original will which was thus destroyed as above stated by the burning of the Court House was in the words and figures following, to wit,

In the name of God, Amen.

I, Henry Hall, now in the 75th year of my age, in good bodily health and sound mind, think it proper to write this my last will and desire as to the disposition of the money and property I may leave behind me. Before going further, I will say that I will that all the debts I may owe be paid, but my present intention is to leave few or none to be paid.

Having given to my oldest daughter, Leanna, what I intend for her, she will receive nothing more in separate items.

I will now dispose of what I may have at my decease. Item 1st. I give James my son who is now with me $1000 out of the first money had after my decease. Item 2nd. I give my daughter Permilia who is now with me $600 in money as soon as it can be collected. Item 3rd. I give to my son William $400 in money as soon as it can be collected.

Now these three items above are special gifts intended to remunerate them for what they have done over and above the rest of our children.

I will now proceed and say what I desire as to what shall be done with the balance of the property. In the first place, should my wife survive me, I desire that she keep all the property she wishes to keep during her life, and such as she may not wish to keep be sold, but if I should be the longest lived, at my death let all the property be sold and divided equally among my legal heirs, including the three to whom I have made special gifts.

I have said simply that my property should be sold. I will now say that as to the terms of the sale, let it be as a majority of the legatees may agree on. As no man knows the time he is to die, I will say that should events make it necessary I shall make such changes in this paper as those events call for. I hereby make and declare this to be my last will, written by myself this 4th July in the year of our Lord 1866 . . . appoint my two sons, William T. Hall and James Hall, and my son-in-law, J. M. Gipson, as my executors.

/s/ Henry Hall

Complainant Polly Hall is his widow, complainants Wm. T. Hall, James Hall, Permilia Hall, & defendants Mary E. Cason, Eliza Gipson, Leanna Leonard & Sallie Biggerstaff are the only living children of the testator Henry Hall, defendant James L. Hall is the son of Trice Hall, a deceased son of testator & defendant G. C. Jourdan is his General Guardian as he is a minor, defendants Leanna Snider, Permilia Hamilton, Clarinda Rogers, Silas Rogers and Henry Rogers are his grandchildren and children of his deceased daughter Martha, who intermarried with Reuben Rogers, who is dead. [Blank] Leonard, the husband of Leanna Leonard, is also dead.

THE AMENDED BILL OF COMPLAINT.

30 Oct. 1873.

The heirs at law of Zerilda Anderson, deceased, were not included in the original Bill -bp.

Zerilda Anderson was a daughter of Henry Hall, deceased. She intermarried with one John H. Anderson. She is now dead. She left at the time of her death William H. Anderson, her oldest child now of full age and several other children, whose names and the number are unknown to complainants. They are all, with Wm. H. Anderson, residents of the State of Missouri and except said Wm. H., are all minors and have no guardian known to your orators.

Defendant Zerilda Hamilton is called in said [original] Bill Permilia Hamilton--her name is Zerilda and not Permilia as stated in said Bill. Defendant Silas Rogers is of full age . . .

Depositions taken: 15 & 16 April 1874.

DEPOSITION: B. B. WASHBURN.

Aged 56 years.

/s/ B. B. Washburn

DEPOSITION: WM. T. HALL.

Aged 48 years.

/s/ Wm. T. Hall

ACCOUNT IN REGARD TO POLLY HALL, DECEASED.

19 Feb. 1875.

Burial expenses itemized. -bp.

This is family squabbling over the estate of Henry Hall.

It says that Polly Hall, widow of Henry Hall, died in 1875. -bp.

Depositions taken: 5 Feb. 1874.

DEPOSITION: GEORGE D. HARRIS.

Aged 51 [or 56] years.

I am a Justice of Jackson Co.

/s/ G. D. Harris

DEPOSITION: ASEL DUNCAN.

Aged 51 years.

/s/ Asel Duncan

Deposition taken: no date.

DEPOSITION: B. B. WASHBURN.

Aged 55 years.

/s/ B. B. Washburn

ACCOUNTS of the estate of Henry Hall are included.

Deposition taken: 6 Nov. 1883.

DEPOSITION: J. T. ANDERSON

34 years old.

/s/ J. T. Anderson

Depositions taken: 7 Nov. 1883.

DEPOSITION: H. W. WILLIAMS.

I am guardian to the Hall minor heirs party to this suit . . .

/s/ H. W. Williams

DEPOSITION: GEORGE H. MORGAN.

/s/ Geo. H. Morgan

Deposition taken: 8 Nov. 1883.

DEPOSITION: ROBERT A. COX.

I am solicitor for L. M. Gipson, Admr. and the Estate of John N. Gipson, deceased, in this suit. I think I am well acquainted with the subject matter of the suit and the compromise mentioned in the question. I drafted said compromise.

/s/ R. A. Cox

BILL OF COMPLAINT.

12 June 1875.

. . . Henry Hall died at his home in Jackson Co. TN in July or Aug. 1866 . . .

. . . at the time of his death said Henry Hall was seized and possessed of and had title in fee simple to the following described tracts of land in District No. 1 of Jackson Co. TN on the South Side of Cumberland River; one tract of 75 acres . . . one tract of 167 acres . . . also that part of two tracts of land conveyed by L. B. Settle to said Henry Hall and complainant E. L. Cason . . . which said Henry Hall agreed with said E. L. Cason to take as his share of said two tracts of land as shown by the dividing line established between said Henry Hall's part of said two tracts lies north of the dividing line . . . There is of said land in all about 300 acres.

REPORT.

We, the undersigned Jury of Inquisition summoned by the Sheriff of Jackson Co., inquired into an assertion whether Permilia Hall, a citizen of Jackson Co., is of unsound mind, etc., make the following Report from proof on oath before us and find that she is of unsound mind and not capable of managing and controlling her own pecuniary affairs. We find that she is the legal owner of from $1200 to $1500 in cash and cash notes and that it is in our opinions manifestly to the interest of her person and property that your honor appoint for her a General Guardian, all of which we respectfully submit to your Honor this the 7th day of Oct. 1878.

/s/ J. M. Morgan

/s/ S. L. Johnson

/s/ J. R. Stafford

/s/ E. L. Jackson

SETTLEMENTS included.

DEED.

24 March 1856.

Summary: George B. Thomas of Jackson Co. TN sells to Henry Hall of Jackson Co. TN a tract of land in Macon Co., District No. 10, for $500. This tract contains 100 acres more or less, and is the tract that George B. Thomas bought from Reuben A. Kern [?].

Continuation of the squabbling about the estate of Henry Hall.

REVIVOR ORDER.

No date.

It was suggested and admitted in open Court that William T. Hall, one of the complainants in this case, died on the 31st day of Aug. 1883 and since the filing of the Bill in this Cause.

And it appearing to the Court that Tandy F. Hall is the Administrator of the estate of Wm. T. Hall, duly and legally appointed by the County Court of Jackson Co. TN. And that Pollie Hall is the widow and relict of said W. T. Hall. And that Tandy F. Hall, K. J. Hall, Labin Loftis, Jr. and his wife Alice Loftis, Pollie E. Hall and James Leonard Hall, who except the husbands of married women, are the children and only heirs at law of said William T. Hall, deceased.

THE PETITION (EX PARTE) OF MINERVA DAVIDSON, a citizen of Jackson Co. TN.

6 Sept. 1886.

Petitioner shows that in the year 188-, John M. Gipson died at his then Residence in Jackson Co. TN, that prior to his death he made a will and by the terms of said will his widow and Relict, Eliza F. Gipson, was appointed sole executrix of said will, that said Eliza F. Gipson, said executrix, survived her husband John M. Gipson but a short time when in 188-, she died. And upon her death L. M. Gipson was by your worships Court appointed administrator with the will annexed of the estate of the said John M. Gipson. That on the 14th day of Aug. 1886 L. M. Gipson, said administrator, died, leaving said estate [unreadable] and that the said estate is liable to waste. Petitioner says that she is the sister of said John M. Gipson, he having no brothers and that she is the next of kin to said John M. Gipson, deceased.

She volunteers her services in the administration of this estate. -bp.

WM. T. HALL ET. AL. VS. L. M. GIPSON, ET. AL.

COMPROMISE.

L. M. Gipson gives up possession of the town lots to the Eliza F. Gipson heirs. This document is very hard to read. L. M. Gipson may have made other concessions also. -bp.

This case is about a debt, and was settled by compromise. -bp.

Depositions taken: March 1868.

DEPOSITION: MAHALA HOLLIMAN.

She is a daughter of plaintiff [Nancy Holliman] who is a widow. Her father, Joel Holliman, died about nine years ago. She lives with her mother and has lived with her from infancy until the present time. That defendant commenced paying attention to her when she was 15 years old and continued his attentions until she became pregnant by him. That she and said defendant were engaged to be married. That while absent in the army she received from him a letter. That she is acquainted with his handwriting and said letter is in his handwriting. Which letter was read to the Jury without objection. That after he returned home from the army he renewed his attentions to her and seduced her. That he visited her at her mother's house and the illicit intercourse he had with her was after she went to bed in her room at her mother's. After she became pregnant and made that fact known to him, defendant insisted that she should take medicine to cause an abortion, which she refused to do. He then ceased to visit her and in Sept. 1866 she was delivered of a child of which he is the father.

She states that she is 23 years old 13th March 1868.

. . . Mrs. Allen now Mrs. Duke . . .

DEPOSITION: WHITE MYERS.

. . . Joel Holleman, who died before the late war.

DEPOSITION: MILTON APPLE.

DEPOSITION: JASPER MC DANIEL.

DEPOSITION: BEN EATON.

[I] was raised the same neighborhood as Mahala Holliman was raised.

S----T APPLE. [First name unreadable except first and last letters].

Witness was raised in the same neighborhood in which Mahala Holleman was raised.

Brooks was raised in the same neighborhood.

Defendant Brooks has never been married nor has Mahala Holleman ever been married.

Deposition taken: no date.

DEPOSITION: NANCY DUKE.

She [Nancy Duke] has a child eight years old.

She is a widow or had been until she recently married Mr. Duke [this could say Wm. Duke].

She is a sister of the defendant Brooks.

Deposition taken: no date.

DEPOSITION: HENDERSON WOLF.

Depositions taken: 19 June 1867.

DEPOSITION: CYNTHIA WHITE.

Aged 57 years.

I live in about a mile and a quarter of her [Mahala Holleman] and have for about ten years.

Cynthia White (her mark)

DEPOSITION: MARGARET DENTON.

Aged about 50 years.

I live about a mile and a quarter from Mahala Holleman. I suppose she has lived about that distance from me for ten years or more.

Margaret Denton (her mark)

DEPOSITION: MARTHA BURTON.

Aged 41 years.

Have lived within about two miles of her [Mahala Holleman] ever since she was a child except about one year.

I am related to Henry R. Brooks.

I think Jack Burton is in Illinois. He lived in about a quarter of a mile of her [Mahala Holleman] when he was small. I think he left sometime last fall. He lived in about a mile of her [Mahala] after he was grown until he left the country, except times he was in the army.

. . . my sister-in-law, Mary Burton . . .

Martha Burton (her mark)

DEPOSITION: ELIZA HOLLIMAN.

Aged 40 years.

I have lived in about a mile of her [Mahala Holliman] ever since she was born.

Eliza J. Holliman (her mark)

DEPOSITION: MARTHA JANE TROUSDALE.

Aged 34 years.

I now live about three miles from her [Mahala Holliman]. Have never lived further.

/s/ Martha J. Trousdale

DEPOSITION: ELIZABETH APPLE.

Aged about 48 years.

Elizabeth Apple (her mark)

Deposition taken: 19 June 1867.

DEPOSITION: MARTHA BURTON.

Aged 30 years.

Martha Burton (her mark)

Depositions taken: 19 June 1867.

DEPOSITION: BETSY MC DONALD.

Aged 53 years.

I have know her [Mahala Holliman] from her infancy.

Elizabeth McDonald (her mark)

JURY REPORT.

Summary: found in favor of the plaintiff.

They assess her damages of $1000.

Property belonging to Henry Brooks, horses, a note and interest in a tract of land, were attached.

The land attached was lying on the North side of Cumberland River in Jackson Co. TN in District No. 3 adjoining the land of David Philips on the North, the lands belonging to the heirs of Abraham Denton on the West and the lands of the heirs of Joel P. Holleman on the South and Cumberland River on the East, containing 300 acres more or less. The land is to be sold.

LETTER; said to be from Henry Brooks.

Camp Liberty, April 2, 1863.

Miss Mahala Holliman.

Dear Friend,

I seat myself this lonesome morning to answer your letter. I received your letter this morning and I was glad to hear that you was well. I am not well but I make out to ride. O, I would be glad to see you. I don't know when I will ever see you. I expect we will have another fight very soon. They are moving down their artillery down this morning [sic]. I stood picket in eight of the Yankees. Monday night I saw a good many of the Yankees. I would like to come home and see all of my friends but I don't see no chance now. O my dear love, I hope the day will soon come when our friends will be at peace and I had rather talk with you an hour than to write a day. I will never forget the last time I saw you and the happy hours that we have seen. I must come to a close for the time, so fare you well.

No signature. -bp.

CROSS BILL.

No date.

First and last pages evidently missing. -bp.

Shows to the Court that for some years past the defendants James Roberts, Jr. and F. K. Hamilton have been engaged in the Mercantile Business as equal partners at Butler's Landing in Jackson County under the Style and firm Name of Hamilton & Roberts and they now have on hand at said point in the possession and under the control of defendant Roberts a stock and Dry Goods, Groceries, etc. worth about $1000 or upwards, also a Negro man named Buck which is partnership property, worth about [blank] hundred dollars and also a large amount of debts on various persons in Jackson Co. consisting of notes, accounts, judgements and amounting in all as complainant is informed and believes to from three to five thousand dollars and complainant charges that the defendant Hamilton's interest in one half of said Negro, goods and debts, etc. are subject to being attached and applied by Decree of your Honorable Court to the payment of his said Notes . . .

THE BILL OF COMPLAINT OF MICHAEL KIRKPATRICK OF JACKSON CO. TN AGAINST JAMES ROBERTS ALSO OF JACKSON CO. TN & FERDINAND K. HAMILTON, late a citizen of Jackson Co. TN but who has absconded or is absconding from the country and is now in parts unknown to complainant.

4 May 1861.

Hamilton owes Kirkpatrick $153 plus interest. Hamilton is insolvent. -bp.

Complainant states to the Court that lately James Roberts, Sr. and the defendant James Roberts, Jr., who are the father-in-law and brother-in-law of said Hamilton, have filed their Bill in your honorable Court of Chancery at Gainesboro, attaching several Negroes of said Hamilton worth from three to five thousand dollars and a tract or parcel of land at or around a point called Butler's Landing in Jackson Co., together with the improvements thereon, worth $2000 or upwards.

Kirkpatrick believes the debt owed to the Roberts is only for $4000, so he wants any remainder to pay the debt owed him. -bp.

THE BILL OF COMPLAINT OF FERDINAND K. HAMILTON AND FRANCES HIS WIFE AGAINST LANDON W. OGLESBY, SURVIVING PARTNER OF STONE & OGLESBY, AND POLLY ROBERTS, ALL OF JACKSON CO. TN.

Filed 18 July 1866.

. . . several years ago complainant bought of L. B. Butler a lot of land of about three acres, near the mouth of Mill creek in this county, called the Point, or Butler's Landing . . . the same lot of land on which Hiram Tinsley now lives. Your orator agreed to give $1000 for said three acres . . . Some time afterwards, James Roberts, then the husband of defendant Polly Roberts, agreed to take one half interest in said three acres . . . Defendant Oglesby now owns the said debt and has a judgement against your orator for the same.

. . . in the Spring of 1864, James Roberts died intestate, leaving defendant Polly Roberts his widow and leaving no children. Robert Can is his administrator. Your orator is informed and believes that his estate is worth nothing.

. . . the following persons are the only heirs at law of said James Roberts, deceased, to wit, Frances Hamilton, Jeremiah Roberts, Wm. P. Roberts, Mary Roberts, Martha, wife of Wm. Allen, America Kirkpatrick, Anne Kirkpatrick, Martha Kirkpatrick, Leonora Kirkpatrick of Jackson Co., Sally, wife of George Gearhart of Missouri, and Mary Roberts, America, James, Albert, Ellis, Virginia, Belle, Ann, Martha & Leonora Kirkpatrick are minors and have no regular guardian.

THE BILL OF COMPLAINT OF JAMES ROBERTS, SR. & JAMES ROBERTS, JR., BOTH OF JACKSON CO. TN AGAINST FERDINAND K. HAMILTON, NOW OF THE STATE OF MISSOURI, WILLIAM HARDY OF OVERTON CO. TN & EDWARD BOLD OF GIBSON CO. TN.

This document is barely readable. -bp.

Among other property, Ferdinand K. Hamilton owns one Negro woman, Angeline, and three children, John, Harvey, and Washington, worth perhaps $1000, a Negro man Robert, $800, a Negro woman Heth [?] worth $400. He also owns one half of a Negro man named William, worth $800. -bp.

END OF ROLL.