Jackson Co., TN Loose District/Chancery Court Papers
Reel #91, Loftis, G. - Loftis, J.
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

[Continued from Roll # 90].

Nothing further of genealogical interest. -bp.

THE BILL OF COMPLAINT OF JOSEPH JOHNSON AGAINST JOHN. M. LOFTIS, both of Jackson County TN.

No date.

Summary: the balance on the note on the land sold by Johnson and his wife to Loftis is past due. The land is in the 9th Civil District of Jackson Co. TN on Morrison's creek. -bp.

THE JOINT AND SEPARATE ANSWER OF J. MARTIN DOWELL & MARY ADALINE DOWELL to the Bill of Complaint of Harrison Loftis & others.

No date.

Defendant Almon West is the husband of Pauline West, formerly Loftis, Amanda Loftis married John Lee before said Bill was filed.

THE CROSS BILL OF COMPLAINT OF ADALINE DOWELL & MARTIN DOWELL against Joseph Loftis, Joseph Marion Johnson, Nancy M. Johnson, Martha Landona Johnson, Amanda Lee & her husband John Lee, H. J. Loftis, Marion Loftis, Polly Loftis of Jackson Co. TN, Taylor Loftis, Harrison Loftis, Benjamin Loftis, Almon West & wife Pauline West of Putnam Co. TN & Bailey P. Loftis of the State of Texas.

24 Dec. 1880.

. . . Laban Loftis died seized and possessed of the lands mentioned in the bill of Joseph Loftis & others against them and others, to which this is a Cross Bill, and also a tract of 100 acres lying in Civil District No. 2 of Overton Co., bounded on the South by the lands of Harrison Loftis, on the East by the lands of the heirs of James Peak, on the West by the land of Evan Bartlett & on the North by that of William Ray, as they are informed.

Also one other tract of 35 acres, bounded by the lands of the heirs of James Peak in Overton Co. And one other tract of 60 or 70 acres lying in Overton Co. near the Godsey tract.

Cross complainant Mary Adaline Dowell is a granddaughter of said Laban Loftis, deceased, her mother, who died before said Laban Loftis, having been his daughter. Complainant J. Martin Dowell is her husband. Defendants Joseph Marion Johnson, Nancy Johnson, Martha Landoma Johnson are her brother and sisters and are all minors and have no general guardian.

Defendant Polly Loftis is the widow and relict of said Laban Loftis, and as such owns the life estate in said dower and homestead. Defendant Almon West married defendant Paulina, who is a daughter of said Laban Loftis, deceased. Defendant John Lee married Amanda, another daughter of said deceased.

The other defendants hereto are all the children and heirs at law of said deceased. .

Defendants Marion Loftis and Henderson J. Loftis are minors . . .

THE BILL OF COMPLAINT OF M. L. GORE, ETTA GREEN & JAMES GREEN OF JACKSON CO. TN, W. B. GREEN OF CLAY CO. TN & W. C. GAINES OF THE STATE OF CALIFORNIA AGAINST LABAN LOFTIS, SEN. & J. B. MANSEL OF JACKSON CO. TN & Z. VANHOOSER OF MACON CO. TN.

No date.

. . . Etta Green & James Green are minors . . . and they are over 16 years of age . . .

. . . James H. Gaines (formerly a citizen of this Jackson Co.) died many years ago . . .

At the death of said James H. Gaines, he left W. C. Gaines, Rufus H. Gaines & Margery Gaines his only children & heirs at law.

. . . Rufus Gaines departed this life intestate without issue . . .

. . . Margery (who had married Albert Green, who died during the war) has died intestate, leaving complainants W. B., James and Etta Green her only children and heirs at law, and wards of M. L. Gore.

DEED.

7 Jan. 1837.

Summary: C. R. Scanland sells to Jas. H. Gaines a lot in the town of Gainesboro for $140.00.

THE PETITION OF POLLY LOFTIS OF JACKSON CO. TN.

No date.

. . . her husband, Labon Loftis, departed this life intestate on the 28th day of Feb. 1879 in Jackson Co. TN . . .

Your oratrix is the widow and relict of the said Labon Loftis who died seized and possessed of large quantity of land in Jackson Co. TN. The home tract lies in Jackson Co. TN on Spring creek of Roaring River and is bounded by the lands of Archibald Loftis.

A portion of the home tract is a part of the lands willed by John Loftis, Sr., to his legatees as is shown by decree of Chancery Court, Jackson Co. TN Minute Docket H, page 70 & 71.

DEED.

14 Oct. 1871 in Van Buren Co. Arkansas.

We, Elizabeth Loftis, Polly Duglas [Douglas], Mandy Gather, Winfield Scott Loftis, John Duglas [Douglas] & William Gather, have this day bargained and sold and do hereby transfer and convey to Labram [Laban] Loftis and his heirs forever, for the consideration of $275 to us in hand paid, the receipt whereof is hereby acknowledged. The above consideration is for our undivided interest in several tracts or parcels of land lying in the State of Tennessee and Counties of Jackson and Overton and on the waters of Spring creek and Roaring River, mainly in District No. 9 J. C., bounded at follows, to wit, one two acre tract conveyed to William Bartlett by Job Morgan No. 17076 and then by Bartlett to John Loftis, beginning . . . corner of a tract of land that Jesse Jones sold to John McDaniel and since that was conveyed to John Loftis by Alfred Lynn . . . James Bedford's west boundary line now held by Loftis heirs . . . also one ten acre tract conveyed to the said Bartlett by Job Morgan but now owned by John Loftis heirs and bounded as follows . . . north boundary line of Job Morgan 100 acres . . . north side of Spring creek . . . also one other tract containing 44 acres lying and being in said County and lying on both sides of Spring creek . . . containing 34 acres. Said tract was deeded to John Loftis by Laban Loftis. Also one other tract entered by John Loftis containing 100 acres by Survey bearing date the 23rd day of Feb. 1831 lying in said County on the waters of Spring creek, bounded as follows . . . Joel Lynn's west boundary line . . . Dotson's branch . . . Also one other tract containing 40 acres deeded by Allen Lynn to John Loftis, bounded . . . bluff north of Spring creek . . . Overton County line . . . Widow Bradley's corner . . . the line of the said Allen Lynn 50 acre tract . . . Also one other tract containing 10 acres Granted by the State of Tennessee to John S. McDaniel, No. 11211, beginning . . . a field that Jesse Jones sold to John McDaniel, Jr. . . And also a 15 acre tract Granted by the said State unto Geo. Price, No. 10488, lying on Spring creek . . . Also one other tract containing 100 acres Granted to the said Lynn by the State of Tennessee, No. 4040, and bounded . . . north of Spring creek . . . corner of a 10 acre tract of the said Lynn that he bought of John S. McDaniel . . . these three tracts all together containing 125 acres by survey . . . also one other tract Granted to John Loftis by the State of TN containing 25 acres by Survey bearing date May 2nd 1838, lying in said County and on Spring creek . . . Also one other tract Granted to John Loftis by the said State containing 25 acres by Survey bearing date Nov. 12th 1842, lying in said County on both sides of Spring creek, beginning . . . corner of a 100 acre Survey in the name of Alford [Alfred] Lynn . . . Joseph Hawkins' line . . . also one other tract Granted to John Loftis by the State of TN containing 25 acres by Survey bearing date May 1838 lying in said Co. on the South side of Spring creek, beginning . . . boundary line of a 60 acre Survey of John Loftis and Job Morgan . . . Also one other tract Granted unto Jesse Mansel containing 50 acres by Survey bearing date 23 day of Feb. 1831 lying in said Co. on the waters of Spring creek, beginning . . . Job Morgan's 100 acre tract . . . Joseph Hawkins' South boundary line of his 52 acre tract . . . Also one other tract Granted unto John Loftis by the said State containing 50 acres by Survey bearing date May 2nd 1838, lying in said Co. on both sides of Spring creek . . . Also one other tract Granted to John Loftis, Assignee of Labrom [Labon] Loftis containing 11 acres by Survey, bearing date May 2nd 1838, situated in said Co. on Spring creek, beginning . . . boundary line of 100 acres Survey Granted by the State of TN unto James Bedford . . . Also one other tract Granted unto John Loftis by Joseph Bartlett lying and being in the County of Overton on Spring creek, being a part of a tract of 28 acres Granted by the State of TN unto Job Morgan, Grant No. 3131 . . . containing by estimation 18 acres . . . Also one other tract Granted unto John Loftis, Assignee of John Barnett, containing 50 acres by Survey bearing date Dec. 19th, 1838, situated and being in Overton Co. on the waters of Spring creek . . . on the Jackson Co. line.

And any other land found to belong to "Labrom" Loftis. -bp.

Note: this case is about a disputed boundary between Loftis and Anderson land. It is the first in a series of multiple lawsuits by J. M. Loftis against L. S. Anderson. One suit often spills over into another folder, and it is sometimes hard to tell what goes with what suit. -bp.

Deposition taken: 24 July 1905.

DEPOSITION: M. L. SPIVEY.

I live on Cumberland River. I am going on 21 years old. Will be 21 in a few days.

I have lived where I now live all my life, except about six months.

M. L. Spivey (his mark)

Deposition taken: 25 July 1905.

DEPOSITION: J. S. BERRY.

My age is 45 years. I live in the 8th District of Jackson Co.

J. S. Berry (his mark)

Deposition taken: 26 July 1905.

DEPOSITION: A. K. MOSS.

I am 55 years old. I live in the 15th District of this County.

I was raised in this County in the 8th District mostly, and have lived in this County all my life.

/s/ A. K. Moss

Depositions taken: 27 July 1905.

DEPOSITION: JONAS SPIVEY.

I am 54 years old. I live in the 8th District of Jackson Co.

I don't hold any position now. I throwed it up. I was Justice of the Peace.

Quest. What is your occupation?

Ans. Farmer.

/s/ Jonas Spivey

DEPOSITION: HENRY HALL.

I am 32 years old. I live in the 15th District of this County.

I taught school at Sugar Creek . . .

/s/ Henry Hall

DEPOSITION: B. C. SPIVEY.

I am 48 years old. Live in this county.

I have been living on this side of the river there for about 22 years . . .

B. C. Spivey (his mark)

Depositions taken: 28 July 1905.

DEPOSITION: EDNA LOFTIS.

I am 16 years of age and live on Cumberland River, six miles above Gainesboro on what is called the Loftis place.

I am a daughter of J. M. Loftis and a niece of L. S. Anderson.

. . . Mrs. Sophia Anderson, wife of L. S. Anderson . . .

/s/ Edna Anderson

DEPOSITION: MARY CLAYBORN.

I am the stepdaughter of J. M. Loftis. I live with him and am 16 years old.

/s/ Mary Claiborne

DEPOSITION: PIECE LOFTIS.

I am 38 years old. I live on Flynn's creek in the 12th District. I am a brother of complainant J. M. Loftis.

Quest. State whether or not you lived with your father when he first moved to the place that complainant now lives and the land that has been in valued in this case.

Ans. Yes, Sir.

Quest. When was that, the time he moved there?

Ans. We moved there in 1881.

/s/ P. W. Loftis.

Deposition taken: 29 & 31 July 1905.

DEPOSITION: J. W. LOFTIS.

I am 40 years old. I reside in the 8th District of Jackson Co. and I am the complainant in this case.

Quest. Say if you have not recently, to wit, on the 26 or 27 day of last March, sold and deeded the land in question to your solicitor, D. B. Johnson?

Ans. Yes, Sir.

/s/ J. M. Loftis

TENNESSEE SUPREME COURT OF ERRORS AND APPEALS.

29 March 1905.

The decrees of the lower Court are upheld.

James M. Loftis owes L. S. Anderson $1637.25 as unpaid purchase money on the land in litigation. -bp.

Deposition taken: 31 July 1905.

DEPOSITION: A. B. DENTON.

/s/ A. B. Denton

Deposition taken: 1 Aug. 1905.

DEPOSITION: ROSA DENTON.

I am 22 years old. I reside at Celina, Clay Co. TN.

Uncle Roof Allen . . .

/s/ W. E. Denton

Depositions taken: 2 Aug. 1905.

DEPOSITION: BOB LAWSON.

I don't know exactly, but I am about 17 years old. I live in the 15th District of this county.

Bob Lawson (his mark)

DEPOSITION: JOHN TERRY.

I am a stone mason.

John Terry (his mark)

DEPOSITION: A. J. MOSS.

I am 44 years old. I live in the 8th District of Jackson Co. TN.

I am a farmer.

I live in something like one half or three fourths of a mile from the place [in litigation] and have lived near about there the biggest part of my life.

/s/ A. J. Moss

PETITION.

23 March 1904.

L. S. Anderson, defendant and cross-complainant in the foregoing cause, respectfully shows to the Court that his cause was tried in said Court at Gainesboro at the [blank] Term of 190-, and that the same was appealed to the Supreme Court, where the same is now pending undetermined, and all the land lying south and above the Gainesboro & Celina Road was laid off to the widow of Richmon [Hickman] P. Loftis, deceased, the ancestor of complainant, J. M. Loftis, and her minor children as a homestead, and at the time defendant, Anderson, bought said land in 1895, out of which sale this lawsuit grew, and minors of the said Richman [Hickman] P. Loftis were in possession of said land above the road, and Anderson bought the same subject to their homestead interest. The homestead interest in said land terminated last July, with defendant Anderson in possession, he having purchased the homestead right to said land from the said minor.

. . . R. K. Loftis [who is the youngest child of H. P. Loftis, deceased). . .

Since the last term, to wit, on the 12 day of July 1903, the homestead interest of R. K. Loftis has terminated, the said R. K., the homestead tenant, having arrived at the age of 21 years.

. . . J. M. Loftis and his kinsmen, R. W. Allen and Alfred Denton . . .

THE ANSWER OF J. M. LOFTIS TO THE CROSS BILL PREPARED BY DEFENDANT [L. S. Anderson].

14 May 1904.

. . . R. K. Loftis, who became 21 years old the 12th day of July 1903 . . .

Deposition taken: no date.

DEPOSITION: W. S. JACKSON.

My age is 37 years. Residence 12 District of Jackson Co. I am surveyor for Jackson Co.

Quest. Have you prepared a plat of your survey made of said lines?

Ans. Yes, I have made a plat . . .

Quest. Please explain the plat . . .

Ans. The dotted line represents the [unreadable] as run by the Deed from David R. Buchanan to Armstrong & Oglesby trust; the west boundary line represents the west boundary line of the Henry Crowder 60 acre trust as claimed by Loftis. The south side of the plat contains six acres plus 100 hundred poles, is the disputed land, Loftis claiming the east boundary and Anderson claiming the west boundary line.

/s/ W. S. Jackson

DEED.

6 Aug. 1863.

Summary: David Buckanon [Buchanan] of Jackson Co. TN sells to Luke J. Armstrong & Landon W. Oglesby, also of Jackson Co. TN, eight tracts of land "it being all the land I now own on the South Side of Cumberland River," lying in the 8th Civil District of Jackson Co. TN, for $15,000 cash.

One tract deeded to Buchanan from Thomas Harris, date 25th Feb. 1847 . . . boundary of Rice V. Morrell's land . . . dividing line made by Henry Crowder and Robt. Montgomery, agents for said Morrell . . . the Lambert tract of land . . . containing fifty acres.

Second tract deeded by Henry Crowder to Buchanan on 7 day of Oct. 1850.

Tract of sixty acres deeded from Nelson Sadler to Buchanan on the 13th day of May 1861.

Fourth tract of thirty acres . . . bank of Cumberland River . . . Morrell & Starling [Sterling] Harris' tract . . . the grave yard . . . conditional line made by Buchanan and William Harris.

Fifth tract of forty acres deeded by Henry Crowder to Buchanan the 18th day of Jan. 1854 . . . bank of Cumberland River . . . Gainesboro Rd. . . Erasmus Denton's north boundary line.

Sixth tract, one half of a 300 acre tract entered by Denton Moore and John Vanhooser, said undivided interest which Buchanan purchased from Armstrong and Gore.

The seventh tract of 27 acres . . . Sadler tract . . . Mounce Gore . . .

Eighth tract . . . Mrs. Mary Harris' line . . . Erasmus Denton's line . . . so as to include the tract where John Buchanan now lives in the Crowder house. Said tract was purchased by Buchanan from Wm. Gore, Clerk of Jackson Co., sold by Decree of said Court as the lands of Storling [Sterling] Harris, deceased, estimated at eighty acres.

s/s David R. Buchanan

Depositions taken: no date, probably 1905. -bp.

DEPOSITION: JAMES HALL.

I am 70 years old. I live in 5 miles above Gainesboro on Cumberland River and I am a farmer.

I have known said land [the Hick P. Loftis farm] all my life. I have lived within a mile of it all my life.

Quest. Are you the same James Hall who, with William Loftis and defendant L. S. Anderson, purchased said land at the Clerk and Master's sale, wherein it was sold to satisfy the indebtedness secured by said mortgage?

Ans. Yes, Sir.

/s/ James Hall.

DEPOSITION: MARION HARRIS.

I am 57 years old. I am a farmer and merchant. I reside at Meigsville in this county. I know the lands involved in this litigation. I have known the lands ever since I was large enough to know anything.

/s/ Marion Harris

DEPOSITION: L. S. ANDERSON.

Quest. Are you the defendant to this suit?

Ans. I am.

Quest. Are you the same L. S. Anderson who with James Hall and Wm. Loftis purchased said land at the Clerk & Master's sale?

Ans. I am.

/s/ L. S. Anderson

Deposition taken: 6 May 1905 [year is unclear. -bp.]

DEPOSITION: J. M. LOFTIS.

Quest. Are you the complainant in this case?

Ans. I am.

I moved there in 1899 [on the homestead].

/s/ J. M. Loftis

STATE OF TENNESSEE COURT OF CHANCERY APPEALS.

5 Sept. 1904.

Previous decree reaffirmed.

. . . the defendant Anderson purchased the lands in controversy for and in behalf of complainant J. M. Loftis on July 27, 1895, at the price of $1510.00, which with interest to this date amounts to the sum of $2286.39, that a trust resulted to the complainant J. M. Loftis to said lands and that he is entitled to the same upon the payment of said purchase price and that he, the said J. M. Loftis, is entitled to the following credits on said purchase price: 1st. The amount of the legacy bequeathed to Lula Loftis, wife of the said J. M. Loftis, from her father, J. B. Anderson, which with interest from May 5, 1892 amounts to this date the sum of $683.00. 2nd. The amount of the Moss & Harris notes on which interest computed to this date aggregates the sum of $1048.80. 3rd. The crop of 1895 which was used and consumed by defendant Anderson with interest from July 16, 1896, amounts to the sum of $74.53. 4th. The amount of the annual rent of said lands for years 1896-1897-1898-1899-1900 & 1901, less taxes paid by defendant Anderson . . . sum of $595.32 . . . balance due to defendant L. S. Anderson on said land purchase of $114.90 . . .

L. S. Anderson is to pay Court costs. Appealed to TN Supreme Court. -bp.

Deposition taken: 6 Sept. 1905.

DEPOSITION: ALFORD [ALFRED] DENTON.

/s/ A. B. Denton

Deposition taken: 4 & 5 April 1901.

DEPOSITION: J. M. LOFTIS [COMPLAINANT].

Quest. Who was your father?

Ans. Hickman P. Loftis.

Quest. When did he die?

Ans. In 1889, I think.

Quest. Are you the same J. M. Loftis who was appointed Administrator of his estate by the County Court of Jackson County TN?

Ans. I am.

Quest. Do you know the tract of land described in the bill in this case?

Ans. Yes.

Quest. Was this land owned by your father at the time of his death?

Ans. Yes.

Quest. Is this the same land that was sold by the Clerk & Master at Gainesboro in the case of R. V. Brooks vs. J. M. Loftis, Administrator, et. als.?

Ans. Yes.

Quest. Say whether or not you wanted to and intended to buy said land at said sale.

Ans. I did.

Quest. Did you bid for said land at said sale, if not, why not?

Ans. I did not bid for it. I was informed by L. S. Anderson and perhaps others that I could not bid for it for the reason that I was Administrator of my father's estate and could not bid for or buy the land on that account.

I employed L. S. Anderson to bid it off for me.

Jno. B. Anderson, my wife's father, by his will gave my wife $400. L. S. Anderson, his executor, was to pay it. My wife died before the time of this sale and Edna is my daughter by my said wife. Her name was Loula.

. . . John Martin Loftis . . . [brother of deposer] .

L. S. Anderson and I were engaged as partners in the Liquor business at Lafayette TN. We were engaged as partners from the 1st May 1890 to sometime in 1891. It might have been all of 1891. We settled up said business. We made the settlement about one year before W. B. Butler died and he died sometime in the year 1893. W. B. Butler made the settlement for us. L. S. Anderson owes me a balance of $152 . . .

I took possession of said land. I moved on the land, or I moved my things on the land in April.

. . . I went back to Lafayette (where my business was).

He gave Anderson charge of the land, to rent it out. -bp.

I then went to Lafayette and got married to my present wife, along about the 18th Jan. 1899. I moved my family back to the place [the Hick Loftis farm] . . .

I worked for L. S. Anderson as a Clerk in Gainesboro in his drugstore & Saloon. I worked for him in 1889 or 1890. I reckon I commenced about the 1st of Jan. 1889 and worked for him until the last of April 1890.

Quest. When did your father die?

Ans. If I am not mistaken, it was in Sept. 1889.

. . . my mother's death in Dec. 1892 . . .

Lan Anderson died, I think, the same year that W. B. Butler died.

Quest. After your first wife died, did not William Tinsley and his wife Ada take your child Edna and care for her, look after and raise her for you until you married your last wife, and took her home with you?

Ans. They took her and kept her part of the time until I married the second time. When I married the second time I took her and kept her most of the time. She would come down and see Ada occasionally. My second wife lived thirteen months. After she died, my two sisters kept house for me for three or four years and Edna stayed with us most of the time. After my sisters were married, I brought Edna back to Ada Tinsley. Edna was 12 years old last March. She was a little over one year old when her mother died.

. . . my wife's daughter, Hortense Claiborne.

/s/ J. M. Loftis

Depositions taken: 16 April 1901.

DEPOSITION: J. L. YOUNG.

I am about 44 years old. Residence Jackson Co. TN.

Quest. How many J. L. Young's were there in Jackson Co. and near Gainesboro in the year 1890?

Ans. There is John L. Young and myself in all that I know of.

/s/ J. L. Young

DEPOSITION: WIESTLEY [WESLEY] EMERTON

Wesley Emberton (his mark)

Depositions taken: 17 April 1901.

DEPOSITION: J. T. ANDERSON.

I am Assistant Cashier of the Bank of Gainesboro and have been since it's organization in 1889.

/s/ J. T. Anderson

DEPOSITION: L. J. SMITH.

I am 52 years of age. I reside in Gaw hollow or branch in 6th District of Jackson Co. TN.

Quest. Have you a son named James or Jim Smith?

Ans. Yes, Sir.

Quest. Did he hire out during the year 1889? If so, to whom did he hire and work during the crop season of 1889?

Ans. He hired to James M. Loftis (complainant).

Quest. What piece of land did you buy from J. B. Anderson . . .?

Ans. It is a piece that lies on Rose branch in the 8th District of Jackson Co. TN. I don't know what it is known by. It may be known as the Chilton land. I don't know that I could state it is known as the Chilton land. I could not state positively what year I bought it. I reckon it was in 1885. It might have been in the latter part of 1884. I paid $500 for it and I paid it along at different times . . .

After I bought it, I sold one half of it to Bill Hix . . .

My son Jim Smith is in Missouri.

I sold a part of the land to Wirt Williams, or rather swapped it for other land.

/s/ L. J. Smith

DEPOSITION: NETTIE LOFTIS.

Quest. Are you the wife of Complainant J. M. Loftis?

Ans. I am.

Quest. Where did you and your husband live in the year 1899?

Ans. We lived there at J. M. Loftis' old homestead-the land in question.

/s/ Nettie Loftis

Deposition taken: 20 April 1901

DEPOSITION: J. M. LOFTIS.

. . . my Saloon at Lafayette . . .

/s/ J. M. Loftis

Depositions taken: 11 Jan. 1901.

DEPOSITION: SAMUEL SLIGER.

/s/ Sam Sliger

DEPOSITION: R. V. BROOKS.

58 years of age.

Quest. L. S. Anderson and Fay Anderson are one and the same person, are they not?

Ans. Yes, sir.

/s/ R. V. Brooks

DEPOSITION: JNO. MARTIN LOFTIS, JR.

43 years of age.

Quest. Was you present at Lewis K. Smith's office in Gainesboro with W. S. Moss, L. K. Smith, L. S. Anderson and Jno. J. McCoin in Sept. 1892 when a deed was executed by you and J. M. Loftis to W. S. Moss for a tract of land which you and him jointly owned?

Ans. Yes, Sir.

Brother Jim Loftis . . .

Quest. What kin are you to complainant J. M. Loftis?

Ans. Brother.

/s/ J. M. Loftis

DEPOSITION: W. A. LOFTIS.

Quest. What kin are you to complainant James Loftis?

Ans. First cousins, double cousins.

/s/ W. A. Loftis

Depositions taken: 28 Feb. 1902 & 1 March 1902.

DEPOSITION: P. W. LOFTIS.

I am 35 years of age. Residence Jackson Co. TN.

Am brother of complainant J. M. Loftis.

I am acquainted with the lands in controversy. Have known the farm ever since we moved there in 1881. I lived on the farm until I married and left it. I think it was in 1882.

Old man Kirkpatrick, the man my father purchased the land from . . .

Ray Loftis is a brother of complainant.

/s/ P. W. Loftis

DEPOSITION: R. K. LOFTIS.

I am a brother [of complainant].

I am 19 years old. Was 19 years old July 12th last. I know the land involved in this suit. I was born on the land. I lived on it up till in 1893 or 1894. I don't remember which year I left there.

Quest. What year did your father die?

Ans. I could not tell that. I guess it was about 1890. I could not tell you exactly.

Quest. When did your mother die?

Ans. I don't know. I think she died in 1892 or 1893. I could not state positively when it was.

Quest. How long did you stay on the place after your mother died?

Ans. I stayed there and about in the neighborhood about two weeks.

Quest. Then where did you go and how long did you stay there?

Ans. I went from there to White County to my brother Martin Loftis. I stayed there upwards five years.

Quest. Then where did you go?

Ans. I came from Martin Loftis' to Reubin M. Breeding at Cookeville TN. I worked for him two or three months and from there I went to my brother Pierce Loftis' on Flynn's creek and stayed there a little while. I went from Pierce Loftis' back to Breeding and I stayed there as much as a month and I came back to Pierce Loftis' and stayed there a little while and from there to Lyton Terry in Overton Co. and stayed there a month. I went from there back to Breedings and I stayed two months or close to it and from there I came back to Pierce Loftis' and stayed there a few days.

Quest. You was only about nine or ten years old when you left there [the Hick Loftis farm] wasn't you?

Ans. I guess I was something like that.

R. K. Loftis (his mark)

Depositions taken: 24 Feb. 1902.

DEPOSITION: ALFRED DENTON.

I am 50 years old. Live in the 15th District of Jackson Co., about 3/4 mile from the land in controversy.

I lived on the homestead of the land in controversy in 1897 and 1898.

Quest. Do you own land of your own?

Ans. Not in this country.

Quest. Where did you live in 1895, how far from this land?

Ans. I lived on Flynn's creek, about 12 miles from the land.

Quest. What relation are you to complainant Loftis?

Ans. Loftis and my wife are cousins.

/s/ A. B. Denton

DEPOSITION: S. O. DILLON.

45 years of age.

I live on lands adjoining the lands in controversy.

Quest. When did you move to the place where you now live?

Ans. I think I moved there in Oct. 1898.

/s/ S. O. Dillen

DEPOSITION: T. M. CASON.

/s/ T. M. Cason

Deposition taken: 25 Feb. 1902.

DEPOSITION: R. W. ALLEN.

73 years of age.

I live about one half mile from the lands [in dispute]. I reckon I have lived there about thirteen or fourteen years. I think I moved there in 1886.

Quest. What kin are you to complainant J. M. Loftis?

Ans. My first wife was Loftis' father's Aunt.

/s/ R. W. Allen

Depositions taken: 10, 11, 12, & 13 Sept. 1901.

DEPOSITION: MRS. ADA TINSLEY.

Quest. Do you remember when Luke and Nannie lived at Gainesboro in 1890 & 1891?

Ans. I don't know the year they did live there. They moved here directly after sister Lula died and lived over here in L. S. Anderson's house.

. . . our home in Tinsley bottom . . .

/s/ Ada Tinsley

DEPOSITION: L. K. CARVER (COL.).

I live in Gainesboro.

/s/ L. K. Carver

DEPOSITION: LUKE B. ANDERSON.

. . . you and your sister, Nannie (now Mrs. B. L. Quarles) . . .

Quest. Was not Jim Loftis sick a long time in the year 1890 and confined to his room, if so, how long was he sick there, if you remember?

Ans. I don't remember how long. He was sick for some time. He had a carbuncle on his neck.

Quest. Who is the Executor of Landon B. Anderson, deceased?

Ans. I am.

/s/ L. B. Anderson

Depositions taken: 5 & 9 May 1902.

DEPOSITION: B. C. SPIVEY.

I live in about one fourth of a mile from the land in controversy.

Cal Spivey (his mark)

DEPOSITION: LUKE B. ANDERSON.

/s/ L. B. Anderson

Deposition taken: no date, probably 1905 -bp.

DEPOSITION: R. B. CROWDER.

R. B. Crowder (his mark)

DEPOSITION: A. B. DENTON.

/s/ A. B. Denton

DEPOSITION: J. M. LOFTIS [COMPLAINANT].

. . . R. B. Crowder [Dick] . . .

Tandy Hall is dead.

/s/ J. M. Loftis

MORTGAGE DEED.

19 Dec. 1888.

Summary: H. P. Loftis and Harriett Loftis mortgage to R. W. Allen, T. F. Hall, Marion Harris and Will Loftis, for $1000, a 35 acre tract of land in District No. 8 of Jackson Co. TN, lying on the South Side of Cumberland River. -bp.

Deposition taken: no date, probably 1905. -bp.

DEPOSITION: R. W. ALLEN.

I am 75 years old.

I have lived where I now live since 1885 or 1886.

/s/ R. W. Allen

Deposition taken: no date.

DEPOSITION: W. M. GAILBREATH.

I am Clerk & Master of the Chancery Court at Gainesboro. I have been Clerk & Master since August 25, 1902.

/s/ W. M. Gailbreath

Depositions taken: 30 Aug. & 2 Sept.

DEPOSITION: A. G. MORGAN.

37 years of age.

I live in Gainesboro.

. . . [I was] in the horse business at that time [1895].

/s/ A. G. Morgan

DEPOSITION: B. C. SPIVEY.

Cal Spivey (his mark)

Deposition taken: Sept. 1901.

DEPOSITION: W. B. FLYNN.

I live in the 8th District of Jackson Co. TN on the Penitentiary branch.

Quest. Where did you work in the fall of 1895?

Ans. I worked for L. S. Anderson in the year that he went from Gainesboro up there to his home place.

/s/ W. B. Flynn

Depositions taken: 16 Aug. 1901 in Trigg Co. KY at the residence of Alfred Richardson.

DEPOSITION: ALFRED RICHARDSON.

Quest. Where did you live in year 1895 & 96?

Ans. I lived on the Loftis farm.

Moved to L. S. Anderson's farm and worked for him next summer.

Alfred Richardson (his mark)

DEPOSITION: MRS. MARIAH RICHARDSON.

Quest. Are you the wife of Alfred Richardson?

Ans. Yes, Sir.

Mrs. Mariah Richardson (her mark)

Deposition taken: no date.

DEPOSITION: J. S. YOUNG.

/s/ J. L Young

Depositions taken: 8 April 1901.

DEPOSITION: LUKE B. ANDERSON.

[I] am a brother of L. S. Anderson. I lived near Meigsville on the Jno. B. Anderson old home place where L. S. Anderson now lives, in the year 1895. I lived on this farm until Aug. 1895, when I came to Gainesboro. Well, J. M. Loftis was drinking a good deal then, and it looked like he was going to squander everything he had and L. S. Anderson wanted him to put Edna's money in the land to be safe.

/s/ L. B. Anderson

Deposition taken: 9 April 1901.

DEPOSITION: LUCETTA BUTLER.

Quest. Where did you live in the year 1895?

Ans. At Luke B. Anderson's on the Jno. B. Anderson old home place.

/s/ Sette Butler

Deposition taken: 11 April 1901.

DEPOSITION: MRS. ADA TINSLEY.

/s/ Ada Tinsley

Depositions taken: 10, 11 & 15 April 1901.

DEPOSITION: N. C. BYBEE.

I was born in Oct. 1841. Live in the 15th Civil District of Jackson Co. TN about 1 1/2 miles from the land in controversy.

Quest. Where did you live in the years 1893 & 1894?

Ans. I lived, if I am not mistaken, during those years on the lands in controversy.

I went to Sumner County when I left the Loftis place. I left the Loftis place right along during the last days of Oct. 1894 as I now recollect. I have been back here about three years. I got back here in Nov. 1897 I reckon.

/s/ M. C. Bybee

DEPOSITION: MRS. ADA TINSLEY.

Quest. Who is your husband?

Ans. W. K. Tinsley.

[The conversation] was a week or two before he [J. M. Loftis] was married the last time. I don't know the year it was because I don't pay but very little attention to dates. J. M. Loftis has been married about two years.

/s/ Ada B. Tinsley

DEPOSITION: W. K. TINSLEY.

I am 45 years of age.

/s/ W. K. Tinsley

DEPOSITION: L. S. ANDERSON [DEFENDANT].

The reason I wanted [J. M.] Loftis to buy this farm was because he had become dissipated and news was constantly coming to me that he was going to destroy his life and property and I thought as he had married into the family that I would try to do what I could to assist him, but he refused.

Quest. Was you executor under the will of John B. Anderson, dec'd?

Ans. Yes.

Quest. How much money was devised to the heirs at law of John B. Anderson, dec'd, by said will?

Ans. He set apart $650 for each heir. He paid all of them except me, Luke and Nannie $250 before his death and left $400. Then there was some law suits that came up against the estate that left only three hundred and some odd dollars due each heir.

Three hundred and forty odd dollars was all that was due her [Lula Loftis] as shown on the County Court Settlement books, from real and personal estate. She had already received $250.

Quest. Was W. K. Tinsley appointed, bonded and qualified as Guardian of Edna Loftis by the County Court of Jackson Co. TN? If so, when?

Ans. He was, on the 6th day of Dec. 1897.

I settled with him [W. K. Tinsley] and gave him my note for all that was in my hands due Edna Loftis from J. B. Anderson's estate, with a credit of $100 on it. The $100 is an amount W. K. Tinsley owed me.

J. M. Loftis' first wife was my sister. She died and left one child about a year old. She died about Dec. 1890 in Gainesboro as I remember. J. M. Loftis moved to Lafayette and went into the Liquor business and left the child in my care, under one of my cousins, who was keeping house for me. He married the second time about 1892 as I remember, and came and got his child. His second wife lived about 13 months, when she died, leaving his child in a Saloon, and he not prepared to properly take care of her. My sister Ada Tinsley sent and brought the child to her house, and kept her two or three years. During that time Loftis had become dissipated and had to be sent to an Infirmary at Nashville to be treated for drunkenness, and had squandered his property which left him unable to look after and take care of her. During this time his child was sent back to him and he was so drunk that he was unable to recognize her.

I asked W. K. Tinsley to be appointed and take charge of her and to take charge of her means. W. K. Tinsley is husband to Ada Tinsley and my brother-in-law.

. . . Loftis' wife's tombstone . . .

I furnished $58 to pay Lizzie Bilberry to take care of his [J. M. Loftis'] child. Up to the time Loftis left and up till he married his second wife, something like two years, I furnished a hand a paid her for to take charge of and take care of his child . . .

Quest. Who did J. B. Anderson get the land from bequeathed in his will--who conveyed it to him?

Ans. He bought the first place from L. W. Oglesby & A. P. Green. It was valued at $3000 or $3500. The other piece I bought myself, being one half of the L. T. Armstrong farm, and took a deed in my own name. When my property got burned out here in Gainesboro by a set of thieves, I thought I would get into trouble and I made my father a deed to it.

Quest. Did your father, J. B. Anderson, ever own the land you sold to L [?, smeared] J. Smith? Who did own it at the time it was sold to him?

Ans. It was my land. My father never did own the land. It was known as part of the Chilton land.

/s/ L. S. Anderson

Deposition taken: 17 April 1901.

DEPOSITION: R. W. ALLEN.

I am 72 years old, reside in Jackson Co. TN and am a farmer.

/s/ R. W. Allen

Depositions taken: 18 April 1901.

DEPOSITION: M. J. DIXON.

I live in Gainesboro TN. Occupation lawyer.

/s/ M. J. Dixon

DEPOSITION: B. R. BUTLER.

I am the same B. R. Butler that filed a bill against Wm. Loftis and other minor children of H. P. Loftis, dec'd, in which I procured a Decree for a fee for services for said minor children in procuring the Homestead for them, and procured a Decree to rent out said land involved in this case.

I am a half brother of W. B. Butler, deceased.

/s/ B. R. Butler

Deposition taken: 19 April 1900 [looks like 1900, may be 1901. -bp.]

DEPOSITION: N. MC COIN.

My residence is in the 1st Civil District of Jackson Co. TN. Occupation a physician.

L. S. Anderson said Dr. Landon Anderson had died and he thought it would be a good location for me [he wanted McCoin to buy the Loftis land that was for sale in 1895 -bp.]

/s/ N. M. McCoin

PLAT OF THE J. M. LOFTIS LAND.

Deposition taken: 24 & 25 Aug. 1905.

DEPOSITION: J. M. LOFTIS [COMPLAINANT].

I sold to D. B. Johnson said land with the agreement that he was to pay off the Judgement and costs, interest and lawyer's fees.

The lawyer's fees is between eight and nine hundred dollars.

Quest. What was the amount of Defendant's judgment less the interest?

Ans. $1668. There was two statements. In the last statement I got, I think it was $1637 and something.

/s/ J. M. Loftis

Deposition taken: no date, probably 1905. -bp.

DEPOSITION: J. W. HICKS.

I am 33 year old. I live in the 8th District of this county.

J. W. Hix (his mark)

DEPOSITION: S. B. CASON.

I am 57 years old. I live in the 15th District of Jackson Co.

I have known the place [in dispute] for 45 years and have been all over when a boy.

/s/ S. B. Cason

DEPOSITION: T. M. CASON.

I am 54 years old and I reside in the 15th District of this county.

/s/ T. M. Cason

Depositions taken: no date.

DEPOSITION: MARION HARRIS.

I am a farmer. I live one mile from said Loftis farm. I have [lived] there since 1865.

/s/ Marion Loftis

DEPOSITION: LUKE B. ANDERSON.

I am 32 years old. I was born and raised on the farm adjoining the Hick P. Loftis farm . . .

/s/ L. B. Anderson

Deposition taken: 13 April 1901.

DEPOSITION: S. O. DILLON.

I am 45 years of age. I reside in the 15th Civil District of Jackson Co. TN.

It is an adjoining farm that I live on [to the Loftis farm], 200 or 300 yards from the Loftis house.

I moved there in Nov. 1899.

/s/ S. O. Dillen

AMENDED DECLARATION.

Nettie Loftis by her husband and next friend J. M. Loftis vs. L. S. Anderson.

The plaintiff Nettie Loftis sues the defendant for ten thousand dollars as damages for assaulting and beating the plaintiff on the 25th day of July 1904, whereby and by reason of which said plaintiff's body was badly bruised and injured, causing the plaintiff to suffer great pain of body and anguish of mind, and was by reason thereof confined to her bed under the care of a physician, and prevented from attending to her household duties, for a great length of time and was compelled to and did incur large expense and outlay both of time and money in attending to and trying to cure the plaintiff, and plaintiff has never recovered from said injury and she is now an invalid for life, that at the time, to wit, the 25th day of July 1904, when the defendant caused the injuries aforesaid to plaintiff Nettie Loftis, she was enceinte and that the injury to her body and person aforesaid caused by the assaulting and beating aforesaid was of such a severe character that it caused the child with which the said plaintiff was then and there enceinte, as aforesaid, to be permanently injured and deformed and to be an invalid for life, and then and thereafter, to wit, on the 15th day of Feb. 1905, the plaintiff Nettie Loftis gave birth to said permanently injured and deformed child, and by reason whereof the said Nettie Loftis suffered great pain in body and distress of mind, in giving birth to said permanently injured and deformed child, and her life was greatly despaired of, and the plaintiff was compelled to and did expend large sums of money in saving the life of plaintiff, and whose health is forever ruined and destroyed by said injuries aforesaid and therefore she sues.

PLEA FOR DEFENDANT.

No date.

The defendant, L. S. Anderson, comes and defends this action and for plea says that just prior to the said instance of the alleged assault for which plaintiffs claim damages, he was actually and violently assaulted by the plaintiff J. M. Loftis, down the road a few hundred yards from the place where plaintiff Nettie Loftis claims she was assaulted, and that the said J. M. Loftis was the then pursuing him and was crying to the said Nettie Loftis to head [?] him and that he was on his horse going to and in the direction of his house when the said Nettie Loftis and her husband J. M. Loftis assaulted him with a pistol-valise [?] carrying rouge & said pistol and that he verily believed that he was then and there in danger of death or great bodily harm at the hands of the said Nettie Loftis--and that what he did in the premises was done in his own necessary self defense, and to repel the assault being made upon him by the said Nettie Loftis, and that he did not use more force than was necessary to protect him from the assault aforesaid.

The plaintiffs for replication say that they are not guilty of the matters and things set forth in the above plea--as therein alleged.

Deposition taken: 17 Nov. 1906.

DEPOSITION: L. S. ANDERSON.

Got to my house sometime before sundown, about 4 o'clock or 5 o'clock; they had built a fire to get supper.

[I saw plaintiff J. M. Loftis] near Cal Spivey's gate, at the foot of the hill near the far side of his farm.

When I first saw the glimpse of him, I was out near Mr. Spivey's barn; I saw the glimpse of him behind some weeds and thought it was Mr. Spivey. When I got in about 30 yards of him, I recognized him. He had an old slouched hat on and it pulled down over his face. He was in a stooped position with his hand in his bosom.

He drew his pistol and I saw he was going to shoot and I threw my horse's head toward him and he shot twice before I could get my pistol out and then I commenced shooting at him. I shot my pistol out and came on by him and he commenced shooting at my back; he shot three shots at me after I passed him going towards home. The first or second shot before I passed him hit my horse in the shoulder. I came on across the hill, I found four cartridges in my pocket; I put them in my pistol and turned my horse around. I saw Mrs. Loftis and one of the girls out there at the house when I was stopped, they were in the road at the house when I discovered them, coming towards me. Jim then came in sight with his pistol in his right hand in a shooting position, cursing and hollowing; he could have been heard at a great distance, swearing he was going to kill me. I shot at him then and he whirled and ran through the slat fence into the field. Then I shot at him twice more, then I got on my horse and rode on and met Mrs. Loftis sixty yards, I reckon, from where I was when I shot last. I was off my horse when I shot last. When I met Mrs. Loftis she swore she was going to kill me if it took her forty years. She had a big Army & Navy pistol with a ring in the handle, in her hand. I rode around her and I went on home.

She throwed the pistol down on me and swore she was going to kill me if it took her forty years. She was very abusive. I rode around her and went on home.

Quest. Did you ride your horse against her or did your horse strike her or run against her?

Ans. I did not, most positively.

/s/ L. S. Anderson

Deposition taken: no date [probably 1901].

DEPOSITION: J. M. LOFTIS [COMPLAINANT].

. . . Lizzie Bilbrey and Flora Bilbrey asked me to bring her [Edna] back and I brought her back over here. She stayed here most of the time until I married the second time. I married the second time in Aug. 1893. I left my child here the last of April or 1st May 1891.

/s/ J. M. Loftis

Depositions taken: Sept. 1901.

DEPOSITION: R. L. RASH.

. . . L. S. Anderson's Drug Store in Gainesboro TN.

/s/ R. L. Rash

DEPOSITION: A. B. DENTON.

/s/ A. B. Denton

DEPOSITION: U. T. SPURLOCK.

Quest. What year did you live on the Loftis homestead?

Ans. In the year 1900. I moved there 1st Dec. 1899.

/s/ U. T. Spurlock

Depositions taken: 30 Aug. 1901.

DEPOSITION: T. G. SETTLE.

/s/ T. G. Settle

DEPOSITION: H. R. ANDERSON.

I ran the Maxwell House Hotel in Gainesboro in 1897 . . .

/s/ H. R. Anderson

Deposition taken: 31 Aug. 1901.

DEPOSITION: T. J. WILLIAMS.

I am 56 years old. Live in Gainesboro TN. I run a hotel here. Have been engaged in that business about 19 years.

/s/ T. J. Williams

Deposition taken: 28 Aug. 1901.

DEPOSITION: WM. LOFTIS.

Quest. Did you carry the mail between Gainesboro TN and Lafayette TN 1891 & 1892?

Ans. Yes, I carried along there sometime.

Wm. Loftis (his mark)

Deposition taken: 15 Aug. 1901.

DEPOSITION: FRANK J. BATH.

Quest. State whether or not you are bookkeeper for the firm Gerst [?] Brewing Co. . .?

Ans. Yes.

/s/ Frank J. Bath

Deposition taken: 15 Aug. 1901 at Nashville TN.

DEPOSITION: J. M. HARE.

Residence Nashville TN. I was a bookkeeper for said firm [J. Cooney & Co., a grocery firm] during the years 1891 to 1895.

/s/ J. M. Hare

Deposition taken: 13 Aug. 1901.

DEPOSITION: LIZZIE BILBREY.

I went to Loftis' house the 27 July 1890. I lived there until Mr. Loftis went to Lafayette; don't know how long that was. I then stayed on longer with Mr. Anderson and his brothers and sisters.

Quest. Did you continue to live at L. S. Anderson's and keep house for him?

Ans. Yes, Sir.

Quest. How long did Edna stay with you at L. S. Anderson's after Loftis went to Lafayette to live?

Ans. She stayed there until 1893 or 1894. Don't know which it was, but it was two months after J. M. Loftis married the second time.

Quest. Was Edna a stout, healthy child or was she sickly . . .?

Ans. She was sick all the time the first year I kept her and the second year she was sick a great deal of the time.

. . . she was a heap of trouble. I lost more sleep in raising her a great deal than I did in raising my own.

Quest. When did J. M. Loftis marry the second time?

Ans. In August 1893.

Edna's mother and myself were first cousins.

Quest. Where did you go to live immediately after L. S. Anderson left town and went to his farm to live in 1895?

Ans. I went to Byrd Quarles. Stayed there until 1899.

Quest. Did you work for Loftis and Anderson for a salary or wages or did you just live there kinder as one of the family?

Ans. There was never no contract made between us. I just went there and stayed and L. S. Anderson schooled my child and paid for it. We got our living there and the schooling of the child.

/s/ Lizzie Bilbrey

Deposition taken: 19 Aug. 1901.

DEPOSITION: W. N. HAILE.

He says he carried the U. S. Mail during the year 1891 from Gainesboro to Lafayette TN. -bp.

W. N. Haile (his mark)

Depositions taken: 9 Aug. 1901.

DEPOSITION: R. H. MEADERS.

I am 49 years of age.

I was carrying the mail from Gainesboro to Lafayette [about 1890 & 1891].

/s/ R. H. Meadows

DEPOSITION: A. B. DENTON.

49 years of age.

My wife is kin to [Jas. M.] Loftis. I could not say exactly what kinship it is.

Quest. Who lived on the Loftis homestead next before you lived there?

Ans. Alfred Richardson.

Quest. When did you move to the Loftis homestead?

Ans. About the last of the year 1896 or first of the year 1897. Think it was first of the year 1897.

/s/ A. B. Denton

Depositions taken: 10 Aug. 1901.

DEPOSITION: J. P. POLSON.

I done some carpenter's work for L. S. Anderson.

/s/ J. P. Polson

DEPOSITION: HENDERSON JONES.

I done some carpenter work for L. S. Anderson in Gainesboro TN.

Deposition taken: 9 Sept. 1901.

DEPOSITION: J. A. WILLIAMS, SR.

I am Cashier [at the Bank of Gainesboro] and have been since it was organized in July 1889.

/s/ J. A. Williams

Deposition taken: 9 Jan. 1902.

DEPOSITION: JOHN BUTLER.

29 years of age.

I have known the parties [Loftis & Anderson] all my life.

I lived with L. S. Anderson until Aug. 1890 and with L. S. Anderson after that time on the old Anderson home place.

/s/ J. B. Butler

Depositions taken: 19 Feb. 1902.

DEPOSITION: OVERTON HARRIS.

I am 54 years of age. Residence Jackson Co. TN. Occupation farmer. I live in about one half mile from the land [in dispute], between one fourth and one half mile of it. I moved there in 1865 and have been living there ever since.

/s/ Overton Harris

DEPOSITION: PERRY CROWDER.

39 years of age.

I live about 200 yards from the land in controversy . . . I have lived on the place where I now live about 22 years.

Perry Crowder (his mark)

Deposition taken: Sept. 1905.

DEPOSITION: ALEX ARMSTRONG.

I am 62 years old. I live in the 9th District of this county. I was born and raised in Jackson Co. TN and have lived in this county all my life.

Quest. How far from said lands [in dispute] do you live?

Ans. Half mile I reckon. I have been living on that place ever since 1864.

Alex Armstrong (his mark)

DEPOSITION: LUKE B. ANDERSON.

I am 31 years old. I live in Gainesboro and am a druggist by occupation.

I was born and raised on the farm now owned by L. S. Anderson.

Quest. Are you a son of John Bayles Anderson?

Ans. Yes, Sir.

Quest. Was Lan Anderson your brother?

Ans. Yes, Sir.

Deposition taken: 19 Sept. 1905.

DEPOSITION: LUKE B. ANDERSON, resumed.

/s/ L. B. Anderson

Deposition taken: 16 Sept. 1905.

DEPOSITION: S. L. MOSS.

I am 47 years old. I reside in the 8th District of this county. I am a farmer.

My land joins both of the parties [Loftis and Anderson].

Quest. Under and by what Entry was your land entered?

Ans. By virtue of Entry No. 1582 dated 3rd day of March 1830 and was surveyed for Robert G. Anderson by Mounce Gore on April 14, 1837.

/s/ S. L. Moss

Depositions taken: 18 Sept. 1905.

DEPOSITION: W. S. JACKSON.

Age 37 years. Residence 12th District, Jackson Co. TN.

Surveyor of Jackson Co.

/s/ W. S. Jackson

DEPOSITION: SPENCER WALKER.

I am 72 years old. I live in the 15 Civil District of Jackson Co.

Spence Walker (his mark)

DEPOSITION: JOHN ANDERSON.

I am about 50 or 51 years old. I live in the 15th District.

I was born here in Gainesboro and Baylus Anderson raised me up there on the farm where Fay Anderson now lives.

John Anderson (his mark)

There are only a few documents in this folder, nothing particularly of genealogical interest. -bp.

This folder only contains a list of assets of the estate. -bp.

THE PETITION OF DAVID LOFTICE [LOFTIS] & JAMES H. LOFTICE [LOFTIS] of Jackson Co. TN against Nancy Maberry, H. E. Harley & wife Polly Harley, Logan H. Loftice [Loftis] & wife Malinda Loftice [Loftis], James Loftice [Loftis] & wife Manerva Loftice [Loftis], Marian Chaffin & wife Elizabeth Chaffin of the State of Missouri, Preston Loftice [Loftis] of the State of Arkansas and Labin Loftice [Loftis], Jr., of Smith Co. TN, defendants.

15 March 1875.

. . . William Loftice [Loftis] died intestate in Jackson Co. on the [blank] day of [blank] 1875, seized and possessed in fee simple of the following described Real Estate lying in Jackson Co. TN in Civil District No. 9 of said county on the waters of Morrison's creek, and bounded as follows . . . in the Lick Hollow . . . conditional line made between James M. Loftice and William Loftice . . . crossing Morrison's creek . . . corner made between John Summers and William Loftice . . . conditional line made between Labin Loftice and William Loftice . . . South boundary of R. C. Dill and William Loftice . . . containing 200 acres by estimation . . . It being the Home tract of William Loftice and the same place on which he lived at the time of his death.

Also one other small tract of land in the 9th Civil District of Jackson Co. on the waters of Morrison's creek adjoining the lands of said William Loftice heretofore mentioned, containing by estimation 25 acres and it being the same purchased by William Loftice in his lifetime from Asa M. Denson and a part of the land Granted to Asa M. Denson and Benjamin Rutledge by the State of Tennessee Grant No. 1799 . . . a deed from Asa M. Denson to William Loftice dated the 15th day of Jan. 1855.

Also one other tract of land lying in Jackson Co. TN on the waters of Blackburn's fork in the 10th Civil District and bounded as follows . . .boundary line of a 50 acre Survey of David Loveall Sr. [?] . . . corner of a 50 acre Entry of William Anderson . . . David Loveall Jr. . . containing 81 acres by Survey and Granted to William Loftice by the State of Tennessee by Grant No. 7489 and dated the 11th day of Nov. 1839.

Petitioners will further show that Nancy Maberry, Polly who intermarried with H. E. Harley, Malinda who intermarried with Logan H. Loftice, Manerva who intermarried with James Loftice, Elizabeth who intermarried with Marian Chaffin, are daughters of William Loftice, deceased, and that Labin Loftice, Preston Loftice and your Petitioners are the sons of said William Loftice, deceased, and are his only living children and heirs at law.

PURCHASERS OF THE PERSONAL PROPERTY OF WILLIAM LOFTIS, DECEASED, SOLD ON 27 NOV. 1875.

G. R. Loftis, Samuel Sliger, J. P. Mansell, Isaac Hicks, David Loftis, James Young, James H. Loftis, Mathew Kieth, A. Cornwell, Z. Van Hooser, William Loftis, Henry Carter, Henry Jackson, W. E. Smith, R. C. Dill.

Depositions taken: 3 May 1875.

DEPOSITION: LABIN LOFTICE, [LOFTIS] SR.

Aged 61 years.

Have known said land [belonging to the estate of Wm. Loftis, dec'd] for near fifty years.

/s/ Labin Loftis

DEPOSITION: ROLAND [?] C. LOFTICE [LOFTIS].

/s/ R. C. Loftis

THE BILL OF COMPLAINT OF JAMES M. LOFTIS OF THE STATE OF TEXAS against Thomas G. Gentry and William F. Gentry and Mrs. Ramsey and her daughter Sarah Copeland of Jackson Co. TN.

No date.

Complainant charges that he is the owner of the following described tract of land bounded by the lands of Thomas Gentry, Barbary Mabury and others, known as the Wm. Gentry ridge place lying in the 9th Civil District of Jackson Co. TN containing [blank] acres and the same on which Race Jackson lived in the year 1890 and more particularly described as follows: lying and being in the 9th Civil District of Jackson Co. TN on the water's of Blackburn's fork of Roaring River . . . Fynn's South boundary to George Gentry's corner . . . Burris' line . . . corner of his [Burris'] 50 acre tract . . . corner of a 50 acre Survey of Gentry . . . Jesse Gentry's Survey . . . containing 75 acres . . . He charges that he is also the owner of one half of another tract of 50 acres more or less, lying in said District and bounded on the East by the above described tract, on the South by the Burris or Gipson tract now occupied by Harrison Ramsey, on the West by Barbary Mabury and on the North by Henderson Gentry.

He says that on 16 Sept. 1896 the defendants entered upon the land and wrongfully ejected him. -bp.

. . . W. F. Gentry purchased said land from defendant Thomas G. Gentry on the 14 Dec. 1878 . . . on the 26 Jan. 1891 complainant caused it [this land] to be levied upon and sold to satisfy a Judgement . . .

END OF ROLL.