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 previous reel. -bp.]
THE BILL OF COMPLAINT OF PINKNEY MC CARVER AGAINST WILLIAM C. ANDERSON, BOTH OF JACKSON CO. TN.
No date.
. . . he and the defendant, W. C. Anderson, own the Nancy Anderson Dower tract of land lying on Flynn's creek in Jackson Co. TN, known as the Anderson Mill tract, bounded as follows, on the North by the Amon Haile tract, the Tom Haile or Bear Wallow place on the South, Thaxton Carter place on the West by Gillem Upchurch and Tom Upchurch [sic].
Your orator owns one ninth of said tract and the defendant, W. C. Anderson, the other shares . . .
Your orator charges that he sold to the defendant, W. C. Anderson, his share of said land in the year 1868 and that the sale was made in good faith, but after the sale and payment of the purchase to him, one Gillem Upchurch sued the defendant, W. C. Anderson, for the same interest contracted to him. Pending said litigation, W. C. Anderson filed his bill to avoid the sale of said land, knowing at the same time that your orator could not make deed to the same pending said litigation, and that said suit has since been decided by the Supreme Court in your orator's favor. The [Court] held that Gillem Upchurch never had any title or interest in said land. Anderson and Upchurch was brothers-in-law and seemed desirous to play each others hand to rescind the sale . . . The Bill to rescind the sale was filed on the 20th day of April 1871 and has since still been pending and is now undetermined . . . This suit has been to the Supreme Court and the sale set aside by that Court . . .
Depositions taken: 28 Jan. 1882.
DEPOSITION: J. M. C. CARTER.
Aged 42 years.
I have known the land and mill over 25 years. I have lived the most of the time [during those 25 years] in one mile & less.
/s/ J. M. C. Carter
DEPOSITION: WILLIAM E. JONES.
I have been acquainted with the land ever since I was a boy. I am 50 years old.
/s/ W. E. Jones
Deposition taken: 13 May 1871.
DEPOSITION: ELIJAH WHEELER.
Aged 80 years.
[The Nancy Anderson Dower tract] is the tract that Wm. C. and Caleb Anderson now live on.
I was acquainted with Caleb Anderson in his lifetime. He died in 1838. Sarah Upchurch was said to be his daughter and I have no doubt of it. Caleb Anderson died before Sarah Upchurch. I do not recollect how long first. Gillom Upchurch was her husband at the time of her death. Sarah Upchurch died before Nancy Anderson. Gillom Upchurch is still living. [Carter Upchurch and Ross Upchurch] are her [Sarah Upchurch's] sons and the only children she has living.
[Nancy Anderson] was the widow of Caleb Anderson. I do not recollect the date of her death. It was since the rebellion war.
Elijah Wheeler (his mark)
Depositions taken: 9 April 1872.
DEPOSITION: WM. C. ANDERSON.
Aged 53 years.
Father died the 21st day of Aug. 1838. Sarah Upchurch died about Oct. 1839.
/s/ Wm. C. Anderson
DEPOSITION: JAMES M. ALLARD.
/s/ James M. Allard
THE BILL OF COMPLAINT OF WILLIAM C. ANDERSON OF JACKSON CO. TN AGAINST LEONIDAS A. MC CARVER OF CLAY CO. TN & PINKNEY MC CARVER OF JACKSON CO. TN.
No date.
. . . Sarah Upchurch married Gillum Upchurch in 1834 or 1835. By this marriage she had three children, one of which died shortly after it's birth. The other two are named respectively Carter and Ross. The widow Nancy Anderson died the 13th day of Jan. 1866.
Deposition taken: 9 April 1872.
DEPOSITION: L. A. MC CARVER.
/s/ L. A. McCarver
Deposition taken: 28 Feb. 1872.
DEPOSITION: ELIJAH WHEELER.
83 years old.
I have known W. C. Anderson ever since he was a small child. I am his uncle.
/s/ Elijah Wheeler
Depositions taken: 5 Jan. 1842.
DEPOSITION: SUSANAH HUDDLESTON.
Aged about 40 years.
Quest. Are you not a daughter and a legatee of Thomas Draper, dec'd?
Ans. I am.
Quest. . . your brother, Brice M. Draper . . . your brother James Draper . . . your brother Milton Draper . . .
/s/ Susanah Hudleson
DEPOSITION: THOMAS HUDDLESTON.
About the age of 38.
. . . the arbitrator's charge James Draper with a negro girl named Rachel, which he had received from his father in his lifetime.
. . . the Bill of Sale which Thomas L. Draper took for Rachel when he got her . . .
The old man got her [Rachel] in his possession after the date of the will. I know that of my own knowledge.
/s/ Thomas Huddleston
Depositions taken: 14 & 15 Jan. 1842 in Smith Co. TN.
DEPOSITION: EDWARD P. PATE.
38 years old.
Quest. Are you a legatee of Thomas Draper, dec'd?
Ans. I am.
Quest. Were all the legatees present at the arbitration?
Ans. They were all there but Lawson H. Draper.
Quest. Where did he live at that time?
Ans. I believe he was living in the State of Missouri.
Quest. When did he come to this Country [area] after the arbitration?
Ans. Sometime in July or Aug. 1841.
I have sold the negroes that I drawed . . . John Rogers has sold his negroes.
I sold sometime in 1841. John Rogers sold at the same time.
Quest. Do you live on the land willed to your wife by Thomas Draper, dec'd?
Ans. I live on the land assigned by him for us . . .
/s/ Edward P. Pate
DEPOSITION: PHILLIP DRAPER.
70 years old.
Quest. Are you or are you not a brother to Thomas Draper, dec'd?
Ans. I am.
. . . after I came from Alabama. I think it was in the year 1823 or 1824.
/s/ Philip Draper
DEPOSITION: L. D. HOGG.
50 years old.
Quest. Are you one of the firm of David Hogg and son [or sons]?
Ans. I am.
/s/ L. D. Hogg
DEPOSITON: HENRY H. MC CLENDON.
28 years old.
Quest. Was it [when he witnessed some deeds] before or after the marriage of Leighton F. Myres and Harriet Young?
Ans. It was sometime in the next week.
/s/ Henry H. McClendon
Depositions taken: 6 Jan. 1842.
DEPOSITION: OBADIAH EVANS.
Aged 52 years.
Quest. Are you or are you not a legatee of Thomas Draper, dec'd?
Ans. I am.
/s/ Obadiah Evans
DEPOSITION: JOHN ROGERS.
Aged about 42.
Quest. Are you a legatee of Thomas Draper, dec'd?
Ans. I am.
. . . I told blind Tom L. Draper . . .
/s/ John Rogers
DEED OF TRUST.
4 Nov. 1857.
Summary: Sebrit Pate makes this deed to Thomas J. [?] Draper for a tract of land in Jackson Co. TN, District 3, bounded on the North by the lands of Sally Hall, on the East and South by Woodfolk and on the West by Carter and others, the place where he now lives, and some personal property, to cover a security in a coming law suit. -bp.
REPORT, JAMES YOUNG & WIFE VS. JAMES DRAPER & OTHERS.
No date.
Sarah Draper has received from the estate, exclusive of her dower in lands, one negro plus $988.39.
James Young and wife have received, from dec'd in his lifetime, $683.42, plus from the estate three negroes and $38.87.
James Draper has received, from the testator in his lifetime, $946.00, plus from the estate one negro and $313.61.
Obadiah Evans and wife have received, from testator in his lifetime, $725.00, plus from the estate one negro and $382.03.
Stephen Holladay and wife have received, from testator in his lifetime, $805.00, plus from the estate two negroes and $108.54.
John Rogers and wife have received, from testator in his lifetime, $520.62, plus from the estate some negroes and $443.60.
Lawson Draper has received, from testator in his lifetime, $900.00, plus from the estate two negroes and $76.25.
Edward B. Draper has received, from the testator in his lifetime, $875.00, plus from the estate one negro and $36.62.
Milton Draper has received, from testator in his lifetime, $1484.12, plus from the estate three negroes [Mary being one of them].
Thomas L. Draper has received, from testator in his lifetime, $1700.00, plus from the estate $90.25.
Edward P. Pate and wife have received, from testator in his lifetime, $1125.00, plus from the estate three negroes and $68.32.
Thomas Huddleston and wife have received, from testator in his lifetime, $650.00, plus from the estate some negroes and $721.85.
Brice M. Draper has received, from testator in his lifetime, $1535.00, plus from the estate three negroes and $1099.35.
Depositions taken: 6 Sept. 1842.
DEPOSITION: THOMAS HUDDLESTON.
Aged 39 years.
/s/ Thomas Huddleston
DEPOSITION: NEAL SMITH.
Aged 29 years.
States that he is Constable of the Civil District in which Brice M. Draper and James Young both live . . .
/s/ Neal Smith [this signature is several pages later; pages are out of order. bp.]
DEPOSITION: MERLIN YOUNG.
Aged 34 years.
/s/ Merlin Young, Clk.
DEPOSITION: ALEX MONTGOMERY.
States that he is Clerk of the County Court of Jackson County.
/s/ A. Montgomery
DEPOSITION: MILTON DRAPER.
Aged about 30 years.
. . . states that he lives with the widow Sarah Draper . . .
. . . the widow presented a petition to remove James Young and Brice M. Draper as Administrators.
/s/ Milton Draper
DEPOSITION: JAMES DRAPER.
Aged 52 years.
/s/ James Draper
DEPOSITION: EDWARD P. PATE.
Aged 39 years.
/s/ Edward Pate
DEPOSITION: OBADIAH EVANS.
Aged 54 years.
/s/ Obadiah Evans
DEPOSITION: THOMAS HUDDLESTON.
/s/ Thomas Huddleston
Depositions taken: 19 Sept. 1842.
DEPOSITION: THOMAS L. DRAPER.
Aged 49 years.
The deceased [Thomas Draper] was not in debt.
Witness states that Thomas Draper died on the 20th Aug. 1840.
. . . James Draper, who is the oldest living son of the deceased . . .
States that he lived with his father or very close to him ever since 1820, up to the time of his death. States that sometime after 1825, I contracted with James Draper for two negroes--one of which I paid for, died, the other of which my father took and paid James for.
. . . he [the witness] has frequently been with the deceased and heard him talk about James Draper and James' extravagance.
Thomas L. Draper (his mark)
DEPOSITION: ALEXANDER MONTGOMERY.
Aged 40 years.
/s/ A. Montgomery
DEPOSITION: JOHN SCANLAND.
Aged 27 years.
/s/ John Scanland
DEPOSITION: LAWSON H. DRAPER.
Aged 41 years.
/s/ Lawson H. Draper
DEPOSITION: JAMES T. QUARLES.
/s/ James T. Quarles
INVENTORY ACCOUNT of the Estate of Thomas Draper, deceased, taken Sept. 7, 1840.
21 negro slaves, to wit:
Peter, John, Moses, Ben, Anderson, Jerry, Ellick, Shep, Peter Jr., John Jr., Jane, Sarah, Mary, Hannah, Eliza, Amanda, Cecil, Nance, Sally, Emeline and Maria.
WILL
18 April 1827.
A list of property given out by Thomas Draper to his children at different times.
To James Young and wife: household furniture worth $100, 169 acres of land, $700.
To James Draper: money, land and other property worth $800.
To Obadiah Evans and wife: 200 acres of land, $500.
To Stephen Holladay and wife: 200 acres of land at Rock Spring, $525.
To John Rogers and Anne his wife: $940.62.
To Lawson Draper: 212 acres of land, $425.
To Edward Draper: 212 acres of land in Rock Spring Valley, $475.
To Brice Draper: one horse worth $75, he is to have 150 acres in the southwest corner.
To Milton Draper: he is to have 150 acres in the southeast corner.
To Thomas Draper: he is to have 190 acres, the Cassety place and the further sum of $500 money or property. [the above list is an abstract only. bp.]
My desire is that when all shall get the amount of the highest sum in that account, to wit, $800, then the balance to be equally divided among the whole of my children as described within.
Lucy to have northwest corner 100 acres at valuation.
Susanah to have northeast corner 100 acres.
This being the account of the property left by me as distributed as far as I have given out, this being my last will and testament . . .
/s/ Thos. Draper
THE SEPARATE ANSWER OF LAWSON H. DRAPER to the Bill of Complaint of James Young and Betsy Young.
25 Nov. 1841.
He says he received from the estate of Thomas Draper, deceased, a negro boy named Logan, aged 9 or 10 years, in 1836, and two negro boys, named Shep and Stephen, in Dec. of 1840, as well as other property. -bp.
/s/ Lawson H. Draper
THE SEPARATE ANSWER OF EDWARD B. DRAPER to the Bill of Complaint of James Young and Betsy Young.
26 Nov. 1841.
He says he received from the estate of Thomas Draper, deceased, one half share of a negro boy named Charles [no date given] and one negro man, Anderson in 1840, as well as other property. -bp.
/s/ Edward B. Draper
THE SEPARATE ANSWERS OF EDWARD P. PATE AND LUCY PATE to the Bill of Complaint of James Young and Betsy Young.
20 Nov. 1841.
They say that that received from the estate of Thomas Draper, deceased, one negro girl, eight years old, in 1829, and two negroes, Sarah and Maria, in Dec. 1840, as well as other property. -bp.
/s/ Edward P. Pate
/s/ Lucy Pate
THE SEPARATE ANSWER OF THOMAS L. DRAPER to the Bill of Complaint of James Young and Betsy Young.
26 Nov. 1841.
He says that he has received from the estate of Thomas Draper, deceased, one negro boy, Daniel, nine or ten years old, in 1830, and one negro boy, Booker, five or six years old, in 1836, and one negro man, Moses, in 1840, as well as other property. -bp.
/s/ Thomas L. Draper
by Brice M. Draper [this last has been lined out. -bp.]
THE BILL OF COMPLAINT OF JAMES YOUNG AND BETSEY, HIS WIFE, OF JACKSON CO. TN against James Draper, Obidiah Evans and Sally, his wife, Stephen Holladay and Henrietta, his wife, John Rogers and Ann, his wife, Edward B. Draper, Brice M. Draper, Milton Draper, Thomas L. Draper, Thomas Huddleston and Susanah, his wife, and Sarah Draper, citizens of Jackson Co., and Edward P. Pate and Lucy, his wife, citizens of Smith Co., and Lawson H. Draper, who is a citizen of Cape findo [Girardeau?] Co. in the State of Missouri, defendants.
20 Aug. 1841.
. . . Thomas Draper, deceased, who departed this life on or about the 20th of August 1840.
Your orator further shows that he married the eldest daughter of the deceased Draper . . .
[Brice Draper] is one of the sons of the deceased, and is a young man without family . . . and at present said Brice is living with his mother.
The complainants say that Brice has been throwing up obstacles to settling the estate, which is very difficult to do anyway because of the advances made by the deceased between the time the will was made and his death. -bp.
THE SEPARATE ANSWER OF STEPHEN HOLLADAY AND HENRIETTA, HIS WIFE, to the Bill of Complaint of James Young and Betsy Young.
13 Nov. 1841.
They say they have received from the estate of Thomas Draper, deceased, one negro girl, Rachel, in 1836 or 1837, two negros, Eliza and Peter, in Dec. of 1840, and other property. -bp.
/s/ Stephen Holladay
/s/ Henrietta Holladay
THE SEPARATE ANSWER OF SARAH DRAPER to the Bill of Complaint of James Young and Betsy Young.
26 Nov. 1841.
She says she has received from the estate of Thomas Draper, deceased, one negro man, Ben, Dec. of 1840, plus other property. -bp.
Sarah Draper (her mark)
DISTRIBUTION OF THE NEGROES OF THOS. DRAPER, DECEASED.
To Stephen Holladay: Eliza & Peter, Jr.
To Milton Draper: Mary & Sealy.
To Edward Pate: Sarah & Mariah.
To Brice M. Draper: Amanda & Hannah.
To Thomas Huddleston: Jin & Emila.
To Lawson H. Draper: Phip & Stephen.
To John Rogers: John, Sen. & John, Jr.
To Edward Draper: Anderson.
To James Young: Nancy & Sally.
To James Draper: Alexandria.
To Obadiah Evans: Jerry.
VALUATION.
28 Dec. 1840.
A negro woman named Jincy and her child named Emaline.
Depositions taken: 10 Jan. 1842.
DEPOSITION: NEAL SMITH.
Aged 29 years.
I am a constable in Jackson Co. . .
/s/ Neal Smith
DEPOSITION: EDWARD B. DRAPER.
Aged 37 years.
Quest. Are you a son and legatee of Thomas Draper, deceased?
Ans. I am.
/s/ Edward B. Draper
DEPOSITION: JOHN SCANLAND.
Aged 26 years.
. . . F. W. Butter [Butler?] the High Sheriff of this county . . .
/s/ John Scanland
Deposition taken: 11 Jan. 1842.
DEPOSITION: ALEXANDER MONTGOMERY.
Aged 49 years.
I am an officer in Jackson County and Clerk of the County Court.
/s/ A. Montgomery
Deposition taken: 12 Jan. 1841.
DEPOSITION: WILLIAM WOODFOLK.
Aged 64 years.
I was a revenue commissioner in the 3rd Civil District for Jackson County for [the year 1841].
/s/ Wm. Woodfolk
THE SEPARATE ANSWER OF OBADIAH EVANS AND SALLY EVANS HIS WIFE to the Bill of Complaint of James Young and Betsy Young.
13 Nov. 1841.
They say they have received from the estate of Thomas Draper, deceased, one negro girl, Celia, six years old, in 1826, and one negro boy, Jerry, in Dec. 1840, plus other property.
/s/ Obadiah Evans
/s/ Sally Evans
Depositions taken: 11 April 1842.
DEPOSITION: JAMES DAVENPORT.
About 50 years of age.
/s/ James Davenport
DEPOSITION: THOMAS L. DRAPER.
Quest. Did or not your father send a [negro] boy to James named Matt . . . did or not James have him in possession at the time your father died?
Ans. Yes, he did.
Thomas L. Draper (his mark)
DECREE.
March Term 1847.
Summary: Milton Draper is to replace James Young and Brice Draper as Administrator of the estate of Thomas Draper, deceased.
PURCHASERS of the personal property of Thomas Draper, deceased, at a sale on 1 Oct. 1840.
John W. Brooks, Enoch Cornwell, John Carver, Jun., Moses Cotton, William Canada, John S. Cornwell, Jerome C. Cornwell, William Donoho, Phillip Draper, James Dicus, Milton Draper, Sally Draper, William Draper, Brice M. Draper, Thomas L. Draper, Henry W. Dixon, James Draper, Willis Dean, Joseph B. Fitzgerald, Washington Glover, Joseph Graves, Silas F. Gregory, Boman Graves, Harmon Holleman, Daniel Hudleston, William A. Hall, Garland Hester, William Harriss, Mark Holliman, Thomas Huddleston, Leonidas Hogg, Stephen Holladay, Joseph Jones, Aley Kemp, Pleasant G. Kirby, James G. Kearby, William H. Kearby, Henry Knight, Daniel Lees, William Linder, Allen Mathews, Edward Pate, Anthony Pate, George Richardson, John Rogers, Daniel Rawley, John Richardson, William Richardson, William Ross, Hugh B. Robb, David Smith, Henry Sadler, Neal Smith, Nathaniel Terry, Garrett Veach, James C. Williams, James Young.
PURCHASERS of the personal property of Thomas Draper, deceased, at a sale on 28 Dec. 1840.
Thomas Briant, Cornelius Carver, Barrett Cornwell, Charles [?] Cornwell, Pleasant F. Cornwell, James Dicus, Brice M. Draper, Thomas L. Draper, Edward B. Draper, Roderick Donoho, Sally Draper, James Draper, Milton Draper, Obadiah Evans, Joseph Graves, Stephen Hollida, Thomas Hudleston, James G. Holliman, Richard Jones, Joseph Jones, Jessee B. Kirby, Edward Pate, Sebert Pate, John Rogers, King Robinson, Neal Smith, James C. Williams, Alphonzo Young, James Young.
THE ANSWER OF THOMAS HUDDLESTON AND LURANY [OR LUVANY] HIS WIFE, to the Bill of Complaint of James Young and wife.
Filed 25 Nov. 1841.
They say they have received from the estate of Thomas Draper, deceased, in 1830 a negro girl called Cal about five years old, "neither likely nor healthy," and in Dec. 1840, two negroes, John Jr. and Emeline, by agreement and swap between them and John Rogers, plus other property. -bp.
PETITION OF JAMES DRAPER, ADMINISTRATOR OF THOMAS J. DRAPER, DECEASED.
5 March 1866.
. . . the said Thomas J. Draper departed this life sometime about the 19 day of Jan. 1862, intestate, and that your orator was in the month of March thereafter appointed administrator of the estate of said deceased . . .
. . . lately Thomas L. Draper, the father of the said A. [Addison] F. Draper has departed this life intestate in this county, seized and possessed of a valuable tract of land lying in the said Jackson Co. . . on Jenning's creek, District No. [blank], bounded on the South by the heirs [unreadable], on the West by Graves and others, on the North by the heirs of Strode and others, where said deceased lived at his death, containing about 500 acres.
. . . said A. F. Draper of the State of Missouri, two infants names not known of Illinois, children of Jefferson Draper, James M. Draper of Texas, Brice Draper of Wilson Co. TN, Milton Draper, Jane M. Draper, Sarah Draper, Lawson Draper who is a minor, of Jackson Co. TN, all of whom being heirs of the said Thomas L. Draper, deceased, and Elizabeth Draper, widow of Thos. L. Draper, deceased, be made defendants to this bill.
This case is about an overdue note on land sold by McCarver to Jones. The land was in the 11th Civil District on Flynn's creek, bounded by the said Jones on the East, R. A. Cox on the South, Charles Meadows' heirs on the West and John M. Gipson on the North. -bp.
THE BILL OF COMPLAINT OF PINKNEY MC CARVER OF JACKSON CO. TN AGAINST JOHN W. MYERS OF DAVIDSON CO. TN AND CATHERINE JANE HOLLIMAN OF JACKSON CO. TN.
1 Dec. 1881.
. . . in Dec. 1878, defendant John M. Myers was the legal owner of one fourth of a tract, or tracts, of land in Jackson Co. TN, supposed in all to contain 110 acres more or less. It consisted of what was called a 13 acre tract and what was called an 85 acre tract, and bounded as follows: it is bounded on the North and East by Martin's creek and on the South and West by Elizabeth and Susan Holliman's land. It lies in the 15th Civil District, formerly the 5th, and is known as the White Myers place, in which he acquired a life estate as tenant by the courtesy [sic], and it adjoins the village of Granville in said county.
Your orator charges that, in Dec. 1878, defendant John W. Myers was about 19 years of age, and he was 21 years of age in June 1881. Your orator charges that in Dec. 1878 defendant John W. Myers became very anxious to sell his said interest in the before described tract of land, which was one fourth of the tract aforesaid. Said defendant Myers repeatedly importuned your orator to buy said land, said he would make a deed to the same and that he would take an oath never to repudiate the sale when he came of age.
[McCarver finally agreed to buy the share and the sale was made. The land was subsequently sold and McCarver now fears that Myers will get one fourth of the money and he will not. -bp].
This case was settled by compromise. -bp.
THE BILL OF COMPLAINT OF PINKNEY MC CARVER & THOMAS L. LEE AGAINST PETER PAULK & ALEXANDER H. MONTGOMERY, ALL OF JACKSON CO. TN.
No date.
Summary: McCarver sold to Montgomery a tract of land lying on the waters of Big Branch in the 11th District of Jackson Co., it being known as the Colyer [Collier?] place and a part of the land once owned by James Pharis.
This document is very difficult to read, but it is about deeds still not made and notes still due. -bp.
Deposition taken: 15 Aug. 1873 in Barren Co. KY.
DEPOSITION: JERRY BROWN.
I was a collecting officer in Jackson Co. and State of TN during them years [1866 - 1869] . . .
/s/ J. C. Brown
DEED.
27 Oct. 1865.
Summary: L. A. McCarver, for $3000, conveys to Pinkney McCarver and William H. McCarver some tracts of land, to wit, one lying in District 11 of Jackson Co. in the south side of Flynn's creek and near Flynn's Lick, bounded on the North by said creek, on the East by said creek and by the land of Thos. Upchurch, on the South by the land of Job Meadows, Thos. Upchurch and William E. Jones and on the West by the land of James Draper, Wm. E. Jones and Dudley B. Hail, it being the he bought of Ben Fox, James R. Tolbert, Malakeah Meadows, William E. Jones and James M. Richmond, revenue collector of Jackson County, supposed to be 240 acres. Also another tract lying on Peyton's branch and on the ridge between Peyton's and Thompson's branch, adjoining the lands of Charles Meadows, the tract upon which James Daws died, James M. Wolf's heirs and James Draper, it being the tracts he purchased of Charles Meadows and James Draper. Also another tract, Sally Price's dower in the landed estate of Elijah Price, deceased, lying on Flynn's creek in District No. 11, being the place where Byrom Jones now lives, adjoining the land of Henry Richmond, Solomon Allen, F. M. Cornwell, J. M. Richmond, Johnson Spurlock and Will Raglin. Also the undivided interests of John Darwin and L. H. Darwin in the Wm. G. Darwin tract of land lying on Cumberland river in District 11, said interest being one eighth each, said land is bounded on the North by Cumberland river, on the East by the lands of G. C. Darwin, on the South by the lands of A. H. Hoover and G. C. Darwin, on the West by the lands of R. P. Brooks and contains about 90 acres, occupied now by Polly Learman [?]. Also the undivided interest of H. R. Upchurch and Carter Upchurch in the Nancy Anderson tract of land.
/s/ L. A. McCarver
THE BILL OF COMPLAINT OF WILLIAM H. MC CARVER OF BEDFORD CO. TN AGAINST PINKNEY MC CARVER, MATTHEW JONES, CLINTON JONES, JOHN P. MURRAY, GILLOM UPCHURCH, ALL OF JACKSON CO. TN.
25 April 1883.
. . . his father, the defendant Pinkney McCarver . . .
. . . he lived with his father and mother up to the year 1870, at which time he married and moved to the County of Bedford, where he has since resided . . .
. . . the said Sallie Price is dead . . .
Said Pinkney McCarver is not the head of a family . . . He has no wife living or minor children.
FINAL SETTLEMENT.
13 July 1914.
. . . the heirs of William Hallowburton [Halliburton], deceased . . . six in number . . . names are as follows, to wit, Lee Burton, Bob Burton, Lettie Hallowburton [Halliburton], Mollie Richardson, Eliza Minchey and Harriet Hallowburton [Halliburton].
PLAT.
No date.
Plat of S. F. McCawley, dec'd, land showing homestead and dower laid off to Carrie McCawley.
APPLICATION FOR HOMESTEAD AND DOWER.
20 Nov. 1912.
. . . S. F. McCawley departed this life on the 27 day of March 1912, seized and possessed of a tract of land lying and being in the 2nd Civil District of Jackson Co. TN on the waters of Bullard's creek; Bounded as follows: North by Long, South by McCawley, East by Jones, West by Long, containing 100 acres more or less.
And it further appearing to the Court that Carrie McCawley, the plaintiff, is the lawful widow of said deceased, and as such is entitled to a Homestead and Dower in said lands.
. . . Alonzo McCawley, Guardian for the minor children of said deceased [not named -bp].
This is a dispute over possession of a field in the 2nd District of Jackson Co. -bp.
THE BILL OF COMPLAINT OF JANE MC CAWLEY of Jackson Co. TN against Mary Ann McCawley, Alexander McCawley, W. H. McCawley and Dennis McCawley, all of Jackson Co. TN except W. H. McCawley, who is a nonresident of the State of Tennessee.
30 Dec. 1882.
. . . on the 22 [could be 21, written over -bp.] day of Jan. 1878, one John McCawley departed this life intestate in Jackson Co. TN, leaving your Petitioner his widow and relict and the defendants herein mentioned his only children and heirs at law. Said John McCawley died seized and possessed and the owner in fee of the following described tract of land, to wit: lying and being in Jackson Co. TN on the north side of Cumberland river in District No. 2 of said county . . . bank of Indian creek . . . to L. H. McCarver's corner of his one half acre tract where the ware house stands . . .
She asks for homestead and dower. -bp.
Jane McCawley (her mark)
DECREE.
No date.
. . . on the 21 day of Jan. 1878, John McCawley departed this life intestate in Jackson Co. TN . . .
Order given to lay off Homestead and Dower. -bp.
PLAT AND DESCRIPTION OF HOMESTEAD & DOWER OF JANE MC CAWLEY.
28 Feb. 1883.
166 acres.
THE BILL OF COMPLAINT OF AMANDA C. MC CLARIN & ZERELDA JANE HESTAND vs. John C. Spears & his wife Nancy Spears, Sarah Hestand, John David Hestand, Amanda Elizabeth Dixon, John Head, Amanda Isabella Head, John Rete [?] Head, Florintha Jane Head, Ben Franklin Head, David Grace, George W. Grace, Cinderella B. Grace, all of Jackson Co. TN & John W. Hestand, William Bridges and his wife Margarett A. Bridges of the State of Missouri & Washington Moore & his wife Mary Ann Moore of the State of Illinois.
23 May 1866.
. . . John Hestand departed this life in Jackson Co. TN about 23 Dec. 1854, leaving Easter [Esther] Hestand his widow and complainant Amanda C. McClarin and defendants John W. Hestand & Nancy Spears & Margarett Casteel, Jane R. Casteel, David Hestand, Cinderella Dixon, Mary Head, Elizabeth Grace his children and heirs at law. Since his death, David Hestand, Cinderella Dixon, Mary Head and Elizabeth Grace departed this life. The heirs of said David Hestand are defendants Sarah Hestand and John David Hestand, both of whom are minors . . . Complainant Zerelda Jane Hestand is the widow of said David Hestand, deceased. Defendant Elizabeth Dixon is the only heir of Cinderella Dixon and is a minor . . . Defendant John Head is the husband of defendant Mary head and defendants Amanda Isabella Head, John Rete [?] Head, Florintha Jane Head and Ben Franklin Head are her children and heirs at law and all but Amanda Isabella are minors . . . Defendant David Grace is the husband of Elizabeth Grace, deceased, Mary Ann Moore of Illinois, who married Washington Moore, Margarett A. Bridges of Missouri, who married William Bridges, George W. Grace and Cinderella B. Grace are her children and heirs at law, the last two of whom are minors . . .
Complainant further shows that at John Hestand's death he was the owner of the following described tracts of land lying in Jackson Co. TN; first tract containing 640 acres lying on the waters of McFarland's and Proctor's creeks . . . being the same land purchased by John Hestand of John P. Welch and also one tract of 45 acres Granted by the Commonwealth of KY to said John Hestand on 20 day of July 1838 . . . corner to the above named 640 acre tract, running thence with a line of said 640 acres . . . White's line . . . except portions deeded by him to defendants John W. Hestand, David Grace and his wife Elizabeth and to defendant J. C. Spears and wife. Complainant further shows your Honor that the portions deeded to John W. Hestand, David Grace and wife Elizabeth and to J. C. Spears and his wife Nancy was intended by said John Hestand as their distributive share of his landed estate and that they are not now entitled to any portion of the balance of said land.
Complainants further show that Easter [Esther] Hestand, widow of said John Hestand, deceased, has had dower assigned her out of said land. Complainant Amanda C. McClarin would show the Court that she is the owner of the undivided interests of Jane R. Casteel and Margarett Casteel and her own . . . Complainant Zerelda Hestand shows the Court that she is the widow of David Hestand, deceased, and as such is entitled to dower out of the portion of said land inherited by him.
THE SEPARATE ANSWER OF J. M. MORGAN, GUARDIAN AD LITEM.
No date.
. . . Richard Casteel and wife and Enoch Casteel and wife have conveyed their individual interest in said land and that Amanda C. McClarin is now the owner of the same.
ASSIGNMENT OF DOWER.
14 Sept. 1869.
. . . to allot and set off to Amanda McClarin her dower out of the real estate of Macom McClarin, her deceased husband . . . for her dower the following described land with the erections and improvements thereon, to wit, a tract of land in the county of Jackson on the dividing ridge between the waters of McFarland's and Proctor's creeks, containing 24 acres and bounded as follows . . . Benajah McClarin's corner in Jonas Marshall line . . . side of the Celina road . . . which in our opinion constitutes one third part of the real estate of the said Macom McClarin, deceased . . .
DECREE.
Sept. Term 1885.
. . . James Pharis . . . has died since said decree [date of decree not given. -bp.]
THE BILL OF COMPLAINT OF JAMES MC CLARIN OF SMITH CO. TN AGAINST TERREL BYRNES, GEO. H. MORGAN, JAMES HARGIS, JAMES PHARIS, WILLIAM BYRNES & MARTHA WADE, ALL OF JACKSON CO. TN.
15 Nov. 1877.
[In] 1868 or 1869 or thereabouts, the defendant Terrel Byrnes, by a deed of trust, that day and date conveyed to the defendant Geo. H. Morgan, in trust, a certain tract or parcel of land lying in Jackson Co. TN in Civil District No. 5, formerly District 15, as [page folded over and one line unreadable -bp.] Terrel Byrnes then and now resides, and bounded on the North by the lands of James Hargis and Drury Spurlock, on the South by the lands of J. M. Williamson and John Pharis, on the East by the lands of J. W. Wade and Joshua Kent, on the West by the lands of Michael Williamson, containing 200 acres . . . to secure your complainant . . .
. . . James G. Campbell, an acting Justice of the Peace for Jackson Co. TN, on the first day of June 1862 . . .
Terrel Byrnes, an acting Justice of the Peace for Jackson Co. TN, on . . . 1862 . . .
. . . Terrel Byrnes on his guardian bond as guardian of James Pharis and Walker Pharis.
Depositions taken: 14 Aug. 1879.
DEPOSITION: T. BYRNE.
Aged 53.
/s/ Terrell Byrne
DEPOSITION: DRUARY SPURLOCK.
Geo. Woolf lived with me in 1860.
/s/ Drury Spurlock
AGREEMENT.
14 Aug. 1879.
Summary: Terrell Byrne and James Pharris agree on the amount Byrnes owes to Pharris.
James Pharris (his mark)
/s/ Terrell Byrne
ATTACHMENT BILL.
No date.
James McClarin vs. George Stout, Allin Manear, Jr. and others, to wit, Charlotte Stout, William Stout, Malinda Stout, Robert Stout, Harriet Stout, Margaret Stout, James Stout and [blank] Manear.
The separate answer of Charlotte Stout to the bill of complaint & Scirifacias . . .
. . . the said defendant George Stout has departed this life intestate. She states that she is his widow . . . She states that the defendants Malinda Stout, William Stout, Robert Stout, Harriet Stout, Margaret Stout, James Stout and Jane Manear, who intermarried with said Allin Manear, are the children and heirs at law of said deceased.
THE BILL OF COMPLAINT OF WILLIAM MC CLAREN AGAINST AMANDA MC CLAREN AND JOHN H. MC CLAREN, ALL OF JACKSON CO. TN.
2 Jan. 1866.
. . . in the year 1861, he and Macom McClaren bought in co-partnership a tract of land of Allen C. Denham for the sum of $500, for which they executed their notes for the purchase money . . .
Summary of remainder: they each made their notes for $250. The deed was made to Macom. Wm. was to have 65 or 70 acres, and they made a conditional line to divide the tract. Macom was to make a deed to Wm., but before he did, he (Macom) was killed by guerillas. Amanda is the widow of Macom and John H. (a minor) is the only heir at law of Macom. Wm. has paid off his note. The land is in District 14. -bp.
THE ANSWER OF WILLIAM MC CLARIN TO A ANSWER AND CROSS BILL OF AMANDA MC CLARIN.
22 Aug. 1866.
Says Macom McClarin Jr. bought the land in controversy of Macom McClarin Sr. the [blank] day of [blank] 1861, who had previous to that time bought said land of A. C. Denham, who had made title to the last named McClarin, which had been proven and recorded. The said Macom McClarin, Jr. of [?] the terms of his trade of purchase with Macom McClaren Sr. was to pay the purchase money still due and owing from the said McClaren Sr. to the said A. C. Denham, which was the sum of $505 . . . he [Wm.] purchased the land in controversy of Macom McClarin Jr. at the price of $505 which he agreed and promised at the time of said purchase to pay the said A. C. Denham, who at the time had made no title to the said Macom McClaren, Jr., but had, as before stated, to the McClaren Sr. Respondent states that before he executed his notes to the said Denham, [he and Macom Jr. came to the agreement of them each buying half of the property. -bp.] Respondent will further show that the said Macom McClarin Sr. had moved to the State of Indiana . . . he [Wm.] and the said McClarin Jr. agreed that the said McClarin Jr. should go to the State of Indiana and take a deed to the said land in his own name from the said McClarin Sr., which he did . . . and it was further agreed between respondent and McClarin Jr. that after he procured said deed he was then to make respondent a title deed for his half . . .
Respondent will further show that after the said McClarin returned with the deed to said land, he in pursuance of said agreement at the [blank] day of [blank] 18 [blank] sent for Zachariah Potter, who was an officient [sic] scribe and draftsman to meet him at the house of respondent to draw the deed from the said McClarin Jr. to this respondent. Potter and McClaren Jr. both came for that purpose to the house of respondent on the day designated. But for the fact there was no paper or ink said deed was nor could not be written on that day. Respondent will further show that soon thereafter, within a very few days, the said Macom McClarin was murdered by the guerillas . . .
Deposition taken: 19 Jan. 1867.
DEPOSITION: ALLEN C. DENHAM.
Aged 54 years.
I sold the land they [Wm. McClarin and Amanda McClarin] now live on to Macom [sic] M. McClarin for $500. William McClarin paid me $250 for the land.
I made the deed to Macom M. McClarin . . .
Macom McClarin paid me one half and William McClarin paid the other half of the purchase money for the land.
/s/ Allen Denham
Depositions taken: 22 Sept. 1866.
DEPOSITION: JOHN E. SCOFIELD.
About 50 years old.
/s/ John E. Scofield
DEPOSITION: ZACHARIAH POTTER.
70 years old.
I was called on to write a deed from Macom McClarin to William McClarin--was called on by Macom--to the land in controversy--about the last of Feb. or first of March in 1861 or 1862 . . . soon after that Macom McClarin was wounded and died.
/s/ Zacheus Potter
DEPOSITION: BENAJAH MC CLARIN.
23 years old.
Benajah McClarin (his mark)
DEPOSITION: JAMES MARSHALL.
45 years old.
James Marshall (his mark)
DEPOSITION: SAMUEL N. PLUMLEE.
43 years old.
/s/ S. N. Plumlee
Deposition taken: 22 Dec. 1875.
DEPOSITION: RICHMAN DARWIN.
Aged 79 years.
/s/ R. Darwin
THE SEPARATE ANSWER OF AMANDA MC CLARIN to the Bill of Complaint of John P. Murray & William H. Botts.
No date.
Summary: they claim Macom McClarin owed them money. -bp.
. . . Macom McClarin died in March 1864 and that she is his widow and that John H. McClarin is his son and only child.
. . . his [Macom's] cousin, Macom M. McClarin . . .
Amanda says that her husband bought this land from his cousin. -bp.
Amanda McClarin (her mark)
THE BILL OF COMPLAINT OF WILLIAM F. PLUMLEE AGAINST JAMES GOAD, BOTH OF JACKSON CO. TN.
5 July 1858.
Your orator states that heretofore the defendant Goad purchased of Macom McLarin a tract of 57 acres land in said county in Civil District No. 14 and the same was conveyed to said Goad by McLarin by deed, that in part consideration for said land Goad executed to McLarin two notes of hand, one for $200 due 1st March 1859 & the other for $100 due 10 March 1959, which notes were afterwards sold & assigned to the complainant by McLarin & and the same with the assignments thereon are herewith filed as parts of this bill. That on the [blank] day of [blank] 18[blank] said Goad swapped the said 57 acres to this complainant & conveyed the same by deed in exchange for another tract of land in the same Civil District containing 105 acres which complainant conveyed to Goad by deed and the same is now in the possession, use and occupation of said defendant. He states and charges that said Goad is greatly embarrassed and is in failing circumstances and has but little if any other property than said land . . .
He wants enough of the land sold to pay the debt and the costs of the suit. -bp.
DECREE.
Wm. F. Plumlee against James Goad.
4 Feb. 1860.
. . . complainant William F. Plumlee became the purchaser of the land named and described in the bill and said report at the price of $250 . . .
DEED.
28 April 1857.
Summary: James Goad sells to Will F. Plumlee, for $600, 51 acres in Jackson Co. TN between the waters of Brimstone and Knob creek in District No. 14, bounded . . . John P. Black's line . . . the old road . . . Plumlee's line . . .
/s/ James Goad
Depositions taken: 18 Sept. 1843.
DEPOSITION: GEORGE C. DARWIN, SENIOR.
Aged 71 years.
Quest. State if you know what were the circumstances of John G. Burke, the defendant in this suit, about 22 day of Nov. 1842 and up to this time, in point of property. Say also what were the circumstances of his brother James during the same time, and what are they now worth?
Ans. I do not know any property that he owned except the property he bought at this father's sale and his grandfather's sale. This is all from information. I don't know of his owning any other property since that time. I don't know of anything that James Burke owned, only the property that he bought at his father's sale.
Quest. What property did defendant have in his possession except the negro which was attached about 22 Nov. 1842?
Ans. I don't know of any other property except the negro that was attached and some corn . . .
Quest. Is William G. Darwin your son?
Ans. He is.
While I acted as Justice of the Peace . . .
Quest. Say where Henry F. Burke and Alvey Graves live and what are they worth?
Ans. My understanding is from Burke and Graves that they live in Missouri in the flat [?] country. They left here sometime last fall before this suit. My understanding from hearsay that neither of them is worth anything.
I went out of office [Justice of the Peace] the first of April 1842.
/s/ Geo. C. Darwin
DEPOSITION: FENTON PATTERSON.
Aged 39 years.
/s/ Fenton Patterson
DEPOSITION: GEORGE C. DARWIN, JR.
Aged about 30 years.
/s/ G. C. Darwin, Jr.
DEPOSITION: AKILLAS [ACHILLES?] COLLINS.
Aged about 21 years.
Quest. Are you living with William G. Darwin at this time?
Ans. I am living with Mr. Darwin.
/s/ Kiles Collins [first name unclear. -bp.]
DEPOSITION: BEVERLY GRAVES.
Aged 30 years.
James Burke bought a negro at the sale on a credit. And I was informed by an officer that he was agoing to levy upon his negro . . . he went and got a mortgage upon the negro.
/s/ Beverly Graves
DEPOSITION: ROBERT W. D. L. CHANEY
[last part of deposition missing. -bp.]
REPORT OF SALE. [Mc Clellan & Graves vs. Graves et. ux]
8 June 1844.
. . . negro girl, Aletha, attached in this cause for cash in hand when [blank] Carver became the purchaser . . .
THE BILL OF COMPLAINT OF ANDREW MC CLELLAN & BEVERLY GRAVES of Jackson Co. TN.
21 March 1843.
. . . about the [blank] day of [blank] 1842, John Burk died intestate in the County of Jackson, State of TN, seized and possessed of property real and personal and that Richard P. Brooks and William C. Burke are Administrators of his estate and that in pursuance of an order of the Circuit Court for said county, said Administrators sold at public sale the negroes belonging to said estate, and that a certain Alvey Graves became the purchaser of a certain negro girl of said estate named Alitha . . . and said Alvey and your orators as his sureties executed their note jointly . . . said Alvey Graves is not a resident of the State of TN but that he resides in the State of MO. The negro girl Alitha is now in this county. Your orators state that said Alvey Graves wife Permelia is one of the distributees of said John Burk's estate.
They want the negro attached and no distribution of the estate made to Alvey Graves, in order to settle the debt. -bp.
THE ANSWER OF JOHN G. BURKE, GUARDIAN AD LITEM of Milton E. Burke, Angelina Burke, Elizabeth Burke, John M. Burke and Sarah Burke, minor heirs of Henry F. Burke, deceased, to the Bill of Complaint of Caloway Sizemore and William Gray.
5 March 1850.
. . . Milton E., Angelina, Elizabeth, John M. and Sarah Burke . . . are minors, residents of the State of Missouri and only lawful heirs of Henry F. Burke, deceased--that said Henry F. was a son and one of the heirs of John Burke, deceased, and that he departed this life since the death of his father, the said John Burke.
THE BILL OF COMPLAINT OF CALOWAY SIZEMORE & WILLIAM GRAY of Jackson Co. TN against Thomas H. Butler of Jackson Co. TN, Milton E. Burke, Angelina Burke, Elizabeth Burke, John M. Burke, and [blank] Burke, citizens of the State of Missouri.
26 July 1849.
. . . your orator, Caloway Sizemore, is Guardian of Rufus Gaines and Margery Gaines and your orator William Gray is Guardian of William C. Gaines, all children of James H. Gaines, deceased, and his only lawful heirs . . .
THE BILL OF COMPLAINT OF RICHARD P. BROOKS AGAINST WILLIAM C. BURKE, BOTH OF JACKSON CO. TN.
12 Nov. 1844.
. . . John Burke died intestate in said county in the year 1842 . . . there are 17 distributees of said intestate, to wit, the widow and 16 children, the said William C. being one of the children. The distributive share of each will amount to about the sum of $100, or perhaps it may amount to $125.
. . . your orator charges that said William C. has received and has used assets of the estate greatly over the amount of his distributive share . . .
Brooks wants William C. to be removed as Administrator. -bp.
THE BILL OF COMPLAINT OF SAM E. STONE OF JACKSON CO. TN & LE ROY B. SETTLE OF WILSON CO. TN.
18 July 1842.
. . . Henry F. Burke is indebted to them . . .
. . . Henry F. Burke is not an inhabitant of this state, but resides, as your orators are informed and believe, in the State of Missouri. Your orators further show that one John Burke departed this life in [unreadable because of paper fold] sometime in June 1842, intestate, seized and possessed of considerable property real and personal to considerable amount . . . leaving his widow Jane and the following named children, to wit, the said Henry F. Burke, & James Burke, John Burke, Wm. C. Burke, Logan Burke, Polly who is married to William G. Darwin, Pamelia who is married to Alvy Graves, Parezada Burke, Elizabeth Burke, Marian Burke, Franklin Burke, Jonas Burke, Alvira Burke, America Burke and one other small child whose name is not known to your orators, his distributees and heirs at law.
Said John Burke died seized and possessed of the following described tracts of land lying in said County of Jackson, to wit, one tract on the South side of Cumberland river beginning at Martin's upper corner . . . to George C. Darwin's line . . . McClendon's line . . . containing 92 acres, also [blank] other tracts conveyed to said John Burke by Beverly Graves, as Administrator of Charles Graves, deceased, with the will annexed, to wit, one tract in said county and state on the South side of Cumberland river above the mouth of Flynn's creek . . . Philip Myers lower corner on the river . . .Jesse McClendon's line . . . William White's corner . . . one hundred acres more or less, one acre excepted which was conveyed by Joseph Martin and wife to John Graham and by him to Geo. White--one other tract lying on Cumberland river in said county . . . on the branch of Dan'l Ramsay's upper corner . . . Charles Graves line . . . containing forty eight acres more or less, also three other tracts . . . two tracts containing one acre each . . . one on the South side of Cumberland river and the other on the North side of said river above the mouth of War Trace creek . . . also one other tract containing ten acres more or less, on the South side of Cumberland river . . . also one other tract . . . Mathew Brooks upper corner on the banks of the river, running with a line made by said Daniel Ramsey and Mathew Brooks as a dividing line between them . . . division line between George White and Andrew Buchanon . . . Jesse McClendon corner . . . corner made between Jesse McClendon and George White . . . Jesse McClendon, William and George White corner . . . William White's line . . . containing one hundred acres more or less, also one other tract of land containing forty six acres more or less, lying on Cumberland river . . . Daniel Ramsey's upper corner . . . said John Burke died possessed of several negroes.
They want attachment of the share of Henry F. Burke. -bp.
THE ANSWER OF BALIE P. MC CLELIN TO A BILL OF COMPLAINT FILED BY JAMES DRAPER & WILLIAM H. BOTTS.
9 Feb. 1860.
Respondent admits that Worley Young died intestate since said title bond and notes were executed . . .
Respondent states that Worley Young as alleged by complainants departed this life in said County of Jackson and that William H. Botts is Administrator of his estate, to wit [sic], William H. Young of Missouri, Elizabeth, wife of Wallis Davis, Matilda, wife of James Y. Putty, Thomas A. Young, Rhoda M. married to John P. Putty, Marion Young, Nancy Young, Josiah Young, Polly Jane Young and Martha Young, all of Jackson Co. TN, the last five mentioned are minors . . . said heirs of Worley Young . . .
THE BILL OF COMPLAINT OF JAMES DRAPER & WILLIAM H. BOTTS AGAINST BAILEY MC CLELIN.
19 Nov. 1859.
A title bond was executed in 1858. Since then Worley Young has died. -bp.
THE BILL OF COMPLAINT OF ISRAEL MC CLELIN ADMR., OF SMITH CO. TN AGAINST ASBERRY YORK OF JACKSON CO. TN.
No date.
. . . he is the legal representative or Admr. of the estate of Samuel McClelin, dec'd and as such Admr. there came into his hands and he now holds two different notes under seal, drawn by defendant Asberry York . . .
. . . said notes were executed by defendant York as the purchase money for a tract of land . . . [from] Samuel McClelin, dec'd, in his lifetime . . .
He wants the land sold to pay the notes -bp.
INTERLOCUTORY DECREE.
8 Feb. 1855.
The land purchased by Asberry York is ordered to be sold.
THE ANSWER OF ASBERRY YORK.
8 Nov. 1854.
He admits to all charges, and agrees the land should be sold. -bp.
Asberry York (his mark)
THE PETITION OF M. T. MC DONALD, H. B. McDonald, Sydney McDonald, Louella Kent and her husband [blank] Kent, J. J. McDonald, Darthula Ferrell and her husband M. C. Ferrell, M. F. Ferrell and her husband Isaac Ferrill, T. C. Duke, A. W. Duke, Hickman Duke, Z. B. Duke, Robert Duke, Eliza Price and her husband R. A. Price, D. F. Grishom and her husband John Grishom against J. J. McClelland and his wife Z. Bell McClelland, M. F. Trousdale and her husband W. C. Trousdale and Mary F. Maxwell.
No date.
Petitioners state and will show that they, except the husbands of married women and Mary F. Maxwell, are the children and grandchildren and heirs at law of Elizabeth McDonald, deceased.
That said Elizabeth McDonald, now deceased, was the owner of the tract of land known and described and sold in this case as the Brooks tract for life and at her death is descended to her children herein before set out.
Depositions taken: 11 Dec. 1895.
DEPOSITION: A. A. DUKE.
Age 63 years. Reside near Granville, Jackson Co. TN. Occupation farming.
Quest. When did S. K. McDonald die?
Ans. As I remember, he died the 5 day of Jan. 1887.
Quest. When did Elizabeth McDonald die?
Ans. She died several years before her husband, S. K. McDonald, did.
/s/ A. A. Duke
DEPOSITION: M. DUKE.
I live in Granville, Jackson Co. TN.
. . . my father-in-law, Wm. Kirby . . .
/s/ M. Duke
DEPOSITION: J. M. DOWELL.
/s/ J. M. Dowell
THE BILL OF COMPLAINT OF A. J. STAFFORD AGAINST JOHN R. STAMPS & HIS WIFE SERELDA STAMPS, ALL OF JACKSON CO. TN.
No date.
Your orator further charges that lately the defendants John R. Stamps and his wife Serenda [sic] Stamps have separated and said Serelda has filed her Bill in your honor's Court at Gainesboro praying for divorce and alimony . . .
REPORT.
Feb. Term 1891.
The heirs of Elizabeth McDonald are as follows, to wit,
1. Z. Belle McClelland
2. Mary Jane Trousdale
3. The children of A. A. Duke, who married a daughter of S. K. McDonald, to wit,
McCagy F. Duke
Jno. Grisham & wife D. F. Grisham
R. A. Price & wife Eliza J. Price
Robert Duke
Zerilda B. Duke
Hickman Duke
A. M. Duke
T. C. Duke
4. Sydney McDonald=heir of Wort McDonald's
5. Lula E. Kent
6. J. J. McDonald
7. Martha F. McDonald
8. H. B. McDonald
9. Darthula G. Ferrill, wife of Mathew C. Ferrill
10.M. F. Ferrill, wife of Isaac Ferrill.
Depositions taken: 22 Nov. & 6 Dec. 1894.
DEPOSITION: JOHN J. MC CLELLAND.
I was the executor of the last will of King McDonald.
I married S. K. McDonald's daughter.
I think I was appointed [Admr.] in July 1887.
/s/ J. J. McClellan
DEPOSITION: JOHN P. MURRAY.
64 years old.
I advised Dr. McClellan . . .
/s/ John P. Murray
DEPOSITION: KEMP.
52 years.
I have been magistrate for 25 years.
/s/ W. L. Kemp, Jr.
DEPOSITION: W. W. DRAPER.
/s/ W. W. Draper
Depositions taken: 27 Feb. 1895.
DEPOSITION: H. W. WILLIAMS.
I was clerk of the Chancery Court from Jan. 1877 to April 1889 at Gainesboro TN.
/s/ H. W. Williams
DEPOSITION: J. T. HUDSON.
42 years old.
/s/ J. T. Hudson
DEPOSITION: FRANK MONTGOMERY.
26 years old.
/s/ J. F. Montgomery
[New folder, but continuation of the previous. -bp.]
WILL.
7 Nov. 1883.
I, Samuel K. McDonald, do hereby make & publish this my last will & testament, hereby revoking any and all wills by me heretofore made. That is to say, after the payment of any debts I may owe at the time of my death, together with my burial expenses.
First, I will and bequeath to my grandson, Sydney S. McDonald, the tract of land that I now live on, known as the Jones tract, lying in Jackson Co. TN and Civil District No. [blank] on Cumberland river and bounded as follows . . . containing 82 acres [plus personal property]. It is further provided that my daughter-in-law Elma McDonald and the mother of said Sydney S. have a home on said lands and a share in said personal property above set forth, during her life or widowhood or during the life of said Sydney S. or until the said Sydney shall arrive at the age of 21 years . . .
Secondly, I will and bequeath to my children, to wit, Martha J. Trousdale, Dartheria Duke, Darthula Ferrill, J. J. McDonald, H. B. McDonald, M. J. McDonald, Mary F. Ferrill, Luella Kent and Z. B. McClellan, all the balance of my real and personal estate of every kind and description, to them equally . . . without any regard to any advancements I may have made to either. I having done what I thought right in that regard between them . . .
And lastly, having implicit confidence in my son-in-law, J. J. McClellan, I hereby appoint him Executor . . .
/s/ S. K. McDonald
Witnesses: J. C. Apple, J. S. Cornwell, A. A. Ferrell
THE BILL OF COMPLAINT OF JOHN J. MC CLELLON & WIFE Z. BELL MC CLELLAN OF SMITH CO. TN against William C. Trousdale & wife M. Jane Trousdale, A. A. Duke, Mikajah F. Duke, John Grisham & wife D. F. Grisham, R. A. Price & wife Eliza J. Price, Robert Duke, Zerilda B. Duke, Hickman Duke, A. M. Duke, T. C. Duke, Alma McDonald, Sydney McDonald & Louella E. Kent of Jackson Co. TN, Jasper J. McDonald, Mathew F. McDonald, Henry B. McDonald, Mathew C. Ferrell & wife Darthula G. Ferrell & Isaac Ferrell & wife M. Fannie Ferrell of Putnam Co. TN.
No date.
Samuel K. McDonald departed this life in Jackson Co. TN on the [blank] of Jan. 1887 . . .
Complainant Z. Bell McClellon is the daughter of S. K. McDonald, deceased.
Defendant Jasper J. McDonald, Mathew F. McDonald, Henry B. McDonald, are sons of said deceased S. K. McDonald. M. Fannie Ferrill, Darthula G. Ferrell and M. Jane Trousdale are daughters of said deceased S. K. McDonald. Louella E. Kent is the daughter of said deceased who intermarried with V. D. Kent who died prior to your orator's testator.
Defendant A. A. Duke married the daughter of said testator, viz, Dorthena Duke, who died about the time of the testator. Your orator and oratrix believe before the said S. K. McDonald.
Eliza J. Price and Z. Bell Grisham [sic] are daughters of A. A. and Dorthena Duke, the other defendants Duke are children of A. A. and Dorthena Duke. Defendant Alma McDonald is the widow of W. Wirt McDonald who died many years before the testator, leaving Sydney McDonald his only child. All the heirs and legatees of S. K. McDonald are parties to this bill.
. . . the deceased owned the following lands, viz, the Bush tract, bounded on the East by W. C. Trousdale, on the South by the lands of R. V. Brooks and the Buck Robberts land, A. A. Duke and others, on the West by other lands of S. K. McDonald, on the North by W. C. Trousdale and other land of S. K. McDonald's, being the land willed to Sydney and Alma McDonald.
Another tract of land . . . containing 82 acres. It being the same place that S. K. McDonald lived at the time of his death, known as the Jones place. Said land lies on Cumberland river in Jackson Co. TN.
The said S. K. McDonald owned a house and lot in the town of Granville, Jackson Co. TN, now occupied by R. A. Price.
The tract of land inherited by Mrs. Elizabeth McDonald, wife of S. K. McDonald, deceased, lies in Jackson Co. TN on Cumberland river. Bounded on the West by the tract willed to Sydney and Alma McDonald, on the North by the public road, on the East by the lands of A. A. Duke and the W. B. Robberts place, on the South by Cumberland river, containing 154 acres, belonged absolutely and fee simple to the heirs of Mrs. Elizabeth McDonald, wife of S. K. McDonald, deceased.
. . . the Brooks tract of land is not liable to the debts of S. K. McDonald, deceased. His wife, Mrs. McDonald, who died many years before the said S. K. McDonald, deceased, inherited said land from her father, [blank] Brooks. S. K. McDonald was only tenant by courtesy in said land, on his death the estate by courtesy terminated and the land passed from any claim of right to anyone except to her children; her children are all parties to this suit. S. K. McDonald was never married but once . . .
THE PETITION OF WILLIAM H. MAXWELL & HIS WIFE MARY S. MAXWELL OF JACKSON CO. TN.
8 Sept. 1887.
Summary: they are creditors of Samuel K. McDonald alias King McDonald and Wm. C. Trousdale by a decree recovered by them in the TN Supreme Court on 8 Jan. 1887 for $2946.16 debt and also for costs of the suit. This is a lien upon the property S. K. McDonald owned at his death. Trousdale is the son-in-law of S. K. McDonald and they combined together and kept up a litigation with petitions from one court to another for nearly 20 years. They state they have five children [not named]. -bp.
REPORT OF SALE.
9 May 1888.
Summary: a portion of the Bush tract of land was sold to W. H. Maxwell and wife Mary S. Maxwell. A portion of the Burton tract, 10 or 15 acres, was also sold to the Maxwell's. The house and lot situated in Granville was sold to B. C. Trousdale. The Smyrna Campground lot was sold to M. T. McDonald. -bp.
REPORT.
Sept. Term 1888.
Elizabeth McDonald was the owner in fee of the tract of land described . . . as the Brooks tract of about 160 acres. Elizabeth McDonald (formerly Brooks, the daughter of Mathew Brooks, thru whom she got said land) died intestate in Jackson Co. about twelve years ago.
From the deposition of Wilson McDonald, page 1, the Clerk & Master reports that the following are the heirs at law of said Elizabeth McDonald, dec'd, to wit, Jane Trousdale, wife of W. C. Trousdale, Jasper J. McDonald, Darthoula Ferrill, wife of M. C. Ferrill, Sidney McDonald, a son of Wirt McDonald, a deceased son of Elizabeth, Fannie Ferrill, wife of Isaac Ferrill, Henry McDonald, Mathew J. McDonald, Louella Kent, Belle McClellan, making in all nine heirs . . .
The Clerk & Master further reports that he sold all the lands of which S. K. McDonald died seized and possessed except the tract devised to Sidney and Alma McDonald by the will of A. K. McDonald . . .
Summary: the gross amount for which all said land sold is the sum of $1489.00 . . . personal assets in the hands of the executor totaled $700, gross total assets were then $2189. Gross total debts were $3508.36. The Clerk & Master reports that it is necessary to sell the tract of land devised to Sydney and Alma. -bp.
REPORT OF SALE.
17 Oct. 1888.
Summary: the Alma McDonald tract of land was sold to W. W. McDonald.
REPORT OF SALE.
Feb. Term 1890.
The Elizabeth McDonald or Brooks tract of land was sold to J. B. Graves.
Depositions taken: no date.
DEPOSITION: WILLIAM R. STANTON.
My age 42 years. I reside in Granville, Jackson Co. TN. I knew S. K. McDonald in his lifetime. Have known him since boyhood.
/s/ W. R. Stanton
DEPOSITION: ALEXANDER HOLLEMAN.
I live in Granville. Am 57 years old.
/s/ A. B. Holleman
DEPOSITION: ROBERT A. COX.
/s/ R. A. Cox
Depositions taken: 20 June 1888 in Smith County.
DEPOSITION: J. P. MC DONALD.
I am 80 years old. I live on Hurricane creek in Smith County TN. I was born and raised in this neighborhood and have lived here all my life except one winter.
I knew S. K. McDonald in his lifetime. He married Elizabeth Brooks, a daughter of Mathew Brooks, deceased. They had about ten children born to them.
His wife Elizabeth died first. She has been dead ten or twelve years.
Mathew Brooks lived and died in Jackson County at the old King McDonald home place. He has been dead over fifty years.
He owned about 300 acres of land in Brooks Bend and divided it between his two girls, Elizabeth McDonald and Charlotta Brooks.
J. P. McDonald (his mark)
DEPOSITION: CYNTHIA DUKE.
I am 81 years old. Was raised by Mat Brooks, the father of Elizabeth McDonald.
Cynthia Duke (her mark)
Depositions taken: 11 June 1888.
DEPOSITION: J. K. TROUSDALE.
. . . my father, W. C. Trousdale . . .
/s/ John K. Trousdale
DEPOSITION: J. A. SHEPHERD.
/s/ J. A. Shepherd
DEPOSITION: W. C. TROUSDALE.
/s/ W. C. Trousdale
Deposition taken: 26 June 1888.
DEPOSITION: WILSON MC DONALD.
Aged 84 years.
Quest. Where do you reside?
Ans. Smith Co. TN.
[S. K. McDonald] was a younger brother. He married Elizabeth Brooks.
Quest. How many children were born to them? Name them if you can.
Ans. Charlotta (who died without issue), Jane (now Trousdale), Jasper J., Darthula (now Ferrell), Wirt, now dec'd, but left one child, Fanniey (now Ferrell), Henry, Mathew Jun., Lou (now Kent), Bell (now McClellan).
I think S. K. McDonald died sometime in Dec. 1886; his wife died several years before. I don't remember the time. I didn't live in the community at the time of her death. Her father was Matthew Brooks; he lived and died on the Brooks place--afterwards known as the old Homestead of S. K. and Elizabeth McDonald, in Brooks Bend, Jackson Co. TN.
He [S. K. McDonald] held it [the Brooks tract] as I understood, by deed from Mrs. Brooks, wife and widow of Matthew Brooks, deceased--understanding it to be for the Dower interest of said widow in said lands, at the price of $450, as well as I remember.
The lands came by his wife, with the exception named, as I understood it.
It was my understanding he held and occupied it as his wife's land, regarding the above exception as to the purchase from his mother-in-law.
Depositions taken: no date.
DEPOSITION: JOHN CALE.
/s/ John Cale
DEPOSITION: O. W. CLARK.
/s/ O. W. Clark
Depositions taken: 6 Sept. 1889.
DEPOSITION: T. C. MC KINLY.
/s/ T. C. McKinley
DEPOSITION: W. C. MORGAN.
/s/ W. C. Morgan
PETITION OF MARGARETT Y. MC CLELAN, SAMPSON W. MC CLELAN & SARAH J. MC CLELAN, the last two minors . . .
6 Jan. 1851.
. . . your petitioners Margarett Y. McCleland, widow of Andrew McCleland, dec'd, and Sampson W. McCleland and Sarah Jane McCleland, minor heirs of said Andrew McCleland, dec'd, by their next friend Margarett Y. McCleland, beg leave to state that Andrew McCleland departed this life about the 7th day of Sept. 1850, seized and possessed of the following tracts of land in Jackson Co. TN. 1st, is the tract lying on Flynn's creek, commonly called the Mill tract, bounded on the West by the lands of Milton Draper, on the North by James E. Wheeler, on the East by Thomas Butler and on the South what is called the Hobby place, containing 50 acres. 2nd is bounded on the North by James E. Wheeler, on the East by James Draper, on the South by the Hobby place, on the West by the before described Mill tract, containing 73 acres, and all of which lies in the 11th Civil District.
[Margarett Y. McCleland] agrees to take Dower in other lands of the said Andrew McCleland, dec'd. . .
She asks that this land be sold. -bp.
Depositions taken: July 1858.
DEPOSITION: ABSOLOM W. JOHNSON.
About 28 years of age.
I lived in the neighborhood of the place [the Mill tract] when it was sold. I now live in about 3/4 of a mile of the place.
/s/ A. W. Johnson
DEPOSITION: JOSEPH COWEN.
About 62 years of age.
I did do masonry work on the place. I built two stone chimneys and laid two hearths.
I am a stone mason.
Joseph Cowen (his mark)
DEPOSITION: ELIJAH WHEELER.
About 67 years of age.
I live about a half mile from the place [the Mill tract].
/s/ Elijah Wheeler
DEPOSITION: THOMAS J. DRAPER.
33 years of age.
/s/ T. J. Draper
DEPOSITION: JAMES E. WHEELER.
Aged about 43 years.
THE BILL OF COMPLAINT OF SAMPSON MC CLELLAN, ADMR. OF THE WILL ANNEXED OF THE ESTATE OF ANDREW MC CLELLAN, DEC'D . . .
4 March 1852.
. . . Andrew McClellan departed this life in Jackson Co. Sept. 1850, leaving considerable personal and real estate, a widow, Margaret McClellan, and two children, minors, Sampson W. and Sarah Jane, his only heirs or legatees and a will in which he appointed James Young executor, who declined acting and at [blank] Term of the County Court of Jackson Co. 1850, your orator was duly qualified as Admr. with the will annexed of the estate of the deceased . . .
THE JOINT AND SEPARATE ANSWER OF LARKIN D. SWEAZA & MARY ANN CUNNINGHAM TO THE BILL OF COMPLAINT FILED . . . BY SAMPSON MC CLELAN.
3 July 1866.
Respondent admits that respondent Mary Ann Cunningham is the daughter and only child of respondent Sweaza . . .
. . . Logan H. McCarver, who is the father-in-law of said [Willis] Cornwell, and lives in the State of Illinois.
/s/ L. C. Sweazea
Depositions taken: 8 Oct. 1855.
DEPOSITION: FRANCIS M. GOOLSBY.
Aged about 30 years.
I understood from complainant [James G. Kirby] that he had bought of his brother Henry W. Kirby a yoke of oxen, a cow and some other property. After Henry Kirby's death, his papers fell into my hands [as Admr.] . ..
I have known complainant some five or six years.
I think that he has been in the habit of drinking too much at time.
Quest. Can you say that complainant drinks so as to affect his pecuniary matters or is he not industrious and hard working?
Ans. I don't think it causes him to neglect his business or to spend much of his labor. He is an industrious, hard working man.
/s/ F. M. Goolsby
THE BILL OF COMPLAINT OF SAMPSON MC CLELLAN OF SMITH CO. TN, ADMR., AGAINST DANIEL A. FUQUAY, A CITIZEN OF THE STATE OF MISSOURI, or at least a non-resident of the State of TN.
13 Aug. 1853.
[Complainant as Admr.] holds a note on Daniel A. Fuquay & [unreadable] Brown . . . [both] are non-residents & Brown left the state insolvent.
Some years since, Benjamin Fuquay departed this life leaving a tract of land of some 300 acres in Jackson Co. TN and six heirs; one of the six heirs was his son, the defendant Daniel A. Fuquay . . . Said tract of land lies in Jackson Co. TN on Finn's branch, bounded on the North by the lands of W. Woodfolk, East by Cumberland river, West by Micijah Duke, South by David Philips' land.
He asks that the tract of land be sold for payment of this debt. -bp.
THE BILL OF COMPLAINT OF SAMPSON W. MC CLELLAN OF DE KALB CO. TN AGAINST ORAL PIRKEY & HIS WIFE SALLIE J. PIRKEY of the State of Minnesota, at present temporarily sojourned in DeKalb Co. TN & Sampson McClellan, Admr. of Andrew McClellan, deceased, of Smith Co. TN.
2 July 1867.
. . . he and defendant Sallie J. Pirkey were the only children and heirs at law of said Andrew McClellan and Margaret Y. McClellan, the latter of whom died intestate on the 22nd day of Aug. 1859.
. . . the will of said testator [Andrew McClellan] within which all the estate owned by him at his death passed [?], was destroyed during the late war, together with many of the records of the County Court of Jackson Co., including all books containing a copy of said will . . .
Your orator further shows your Honor that defendant Sallie J. Pirkey is more than 21 years of age and that she intermarried with defendant Oval Pirkey a few months ago.
The following are the lands owned by said testator at his death in 1851 as aforesaid, to wit, 1st tract, lying and being in the 3rd District on the North bank of Cumberland river, beginning . . . the old road . . . corner of the tract belonging to the heirs of Phillip Myers, dec'd . . . bank of Cumberland river . . . Myers tract . . . containing 607 acres, more or less. Said tract of land was conveyed to said Andrew McClellan by Peggy Williams by deed bearing date the 7th day of Sept. 1841.
2nd tract. [Lying in the same State, County & District] containing by estimation eight acres . . . Said tract was conveyed to said Andrew McClellan by P. H. Myers [could be P. A. -bp.] by deed bearing date the 1st day of Nov. 1848.
3rd tract. Lying in the State, County & District aforesaid, being the same on which Mont Pelier Academy stood and which was purchased by the Trustees of said Academy from Laben Pate on or about the 5th day of June 1812, containing two acres and thirty poles or thereabouts.
Said land was conveyed to Andrew McClellan [by] the Trustees of said Academy, to wit, John Scanland, William R. Kenner, John Hughes, Thomas Price, Daniel Lee, James Draper & L. M. Anderson, by deed bearing date 19th day of March 1844 . . .
4th tract. Lying in said State, County & District on the North side of Cumberland River, joining the lands formerly owned by Anthony Pate, the heirs of Phillip Myers & the Dyers, beginning . . . corner of the land James W. Smith purchased from the heirs of Edward Pate & northeast corner of the Dyers land, formerly called Abraham Dyers' . . . northeast corner of the land James W. Smith purchased from Booker Pate . . . division line between James W. Smith and the heirs of Phillip Myers or Cooks, the first husband of Mrs. Myers . . . to Cumberland river . . . down the river . . . containing 320 acres.
Said tract was conveyed by Andrew Whitley to Andrew McClellan by deed on the 17th day of Nov. 1840.
5th tract. Lying in said State and County on the North bank of Cumberland river on both sides of Salt Lick creek, beginning . . . the land formerly owned by Lieutenant Nathaniel Williams . . . crossing the Fort Blount road . . . containing by estimation 132 1/2 acres, more or less.
Said tract of land was conveyed to Andrew McClellan by Abraham Dyer by deed dated the 30th day of Jan. 1843.
6th tract. Lying in said State & County (& being 1/4 part undivided of the same) on the North side of Cumberland river, beginning . . . the old road . . . up the river . . . L. Williams corner . . . containing 215 [?] acres, more or less.
Said tract was conveyed to Andrew McClellan by White Myers by deed bearing date the 5th day of May 1846 . . .
. . . the tract of land last aforesaid was partitioned among those entitled by virtue of the decrees of the County Court . . . [record destroyed in rebellion, assignment will have to be determined. -bp.]
7th tract. Lying in said County and State in Civil District No. 11, containing by estimation 207 acres . . . beginning at the mouth of Flynn's creek . . . near the first ford or crossing place of said creek, below said McClellan's Mill . . . old Parker line . . . to Cumberland River, thence up said river to the beginning.
Said tract was conveyed to said Andrew McClellan, that is, an undivided half thereof, by O. D. Williams by deed dated the 2nd day of Dec. 1848.
8th tract. Lying in said State & Co. in the 11th Civil District beginning . . . near the road leading from James Draper's to Hardy Hobby's . . . containing by supposition about 60 acres.
Said tract was conveyed to Andrew McClellan by James Draper by deed dated 4th March 1847.
9th tract. Lying in said State and County on the South side of Cumberland river beginning . . . corner of the old Bonner [?] tract . . . John Brown's line . . . containing by estimation 100 acres, more or less.
Said tract was conveyed to Andrew McClellan by James [no last name given -bp.] by deed dated the 4th March 1847.
. . . they are informed and believe that said Margarett Y. McClellan sold and perhaps conveyed the tract of land last aforesaid, at least some part thereof, or of the other lands belonging to said Andrew McClellan at his death.
10th tract. Lying in said State and County, District No. 11, on the South side of Cumberland river, bounded on the West by James E. Wheeler, on the North by said Wheeler, on the East by James Draper, on the South by Andrew McClellan . . . beginning on James E. Wheeler's southeast corner known as the Barsham corner on the old Williams line . . . to the Meredith Barsham line . . . containing 72 1/2 acres, more or less.
Said tract was conveyed to Andrew McClellan by Absolom Butler by deed dated the 17 July 1850 . . .
11th tract. Lying in TN in Jackson Co. on the South side of Cumberland river on Flynn's creek, beginning on the South bank of Flynn's creek on Sampson William's upper corner, now known as the Hobby tract . . . running up said creek . . . including a mill and mill seat . . . to Wheeler's corner . . . James Wheeler's line . . . containing 50 acres, more or less.
Said tract was conveyed to Andrew McClellan by Jessee McClellan by deed on the 26th March 1847 . . .
12th tract. Lying in said State and County on the South side of Cumberland river, the same conveyed by Andrew McClelland to William B. Nickens, sold by decree of the Gainesboro Chancery Court in the case of S. C. Cornwell & son against McClellan & Nickens and bought at said sale by Silas C. Cornwell . . . said tract was conveyed by said Silas C. Cornwell to Andrew McClellan.
13th tract. Lying in said State and County on the South side of Cumberland river, beginning . . . Big branch, running up said branch to Pharis' line . . . down the river . . . Said tract was entered in the name of said Andrew McClellan.
14th tract. Lying in the State and County aforesaid . . . on the Cumberland river . . . James Draper's line . . . containing about 400 acres, more or less.
Said tract was conveyed to said Margaret Y. McClellan by her father Sampson Williams, by deed the 6th day of July 1836 . . .
15th tract. Lying in the State of TN, DeKalb Co., in the town of Alexandria . . .
Said tract was conveyed to said Margaret Y. McClellan by Lewis Pendleton by deed dated the 24th day of Oct. 1857.
They desire that all lands be partitioned. -bp.
THE BILL OF COMPLAINT OF SARAH HALL OF JACKSON CO. TN by her next friend [unreadable] Young against Adam Hall of the State of Alabama.
No date.
This entire document is very difficult to read. -bp.
. . . the defendant is the husband of your oratrix.
Summary: after a deed of settlement was made with Andrew McClellan, the parties exchanged some negroes, viz, Neptune, Abby Nance, Harriett, Mary, William, Artimus and Fletcher, for the following named, viz, Sarah, Jack, Sally Ann, Elijah, Diaclama, Margarett and Tom, which last named negroes are now in the possession of your oratrix.
. . . Andrew McClelland, the trustee of [the deed of settlement] lately departed this life.
INTERLOCTORY DECREE.
12 Feb. 1854.
. . . Daniel A. Fuquay . . . his father, Benj. Fuquay . . .
Summary: there is a decree to sell his interest in the land to pay the debt owed to Andrew McClellan's estate. -bp.
THE BILL OF COMPLAINT OF SAMPSON MC CLELLAN of Smith Co. TN against Thomas J. Jones of California, William H. Jones of Texas, Sampson W. McClellan of DeKalb Co. TN, Hiram Crabtree, Henry Richmond and Lucien E. Martin of Jackson Co. TN, Hugh Douglas and Bird Douglas, the Planter's Bank of Tennessee and Samuel D. Morgan of Davidson Co. and the Bank of Middle Tennessee of Wilson Co. TN and Oval Pirky and wife Sallie J. of Missouri.
4 Nov. 1867.
J. Jones purchased of Milton Draper also a negro slave named Patsy, then about 35 years of age, and also divers notes and chases [?] in action mentioned and set forth in said deed, in trust, to secure the payment of the following debts and the liabilities of said Thomas J. Jones [long list] . . . a partnership which existed between said Thomas J. Jones and said A. [Andrew] McClellan in a mercantile establishment at Flynn's Lick . . . Said William H. Jones, the trustee named in said deed, is the father of said Thomas J. Jones and are both non-residents of the State of TN and they were both insolvent when they removed from this State many years ago.
Complainant does not know what said William H. Jones did with said negro woman . . . Samuel D. Morgan is the principal and surviving partner of the firm of Morgan & Co.
Complainant wants the town lots sold to pay the debts. -bp.
Deposition taken: 17 Dec. 1870 at Nashville TN.
DEPOSITION: C. J. CHENEY.
Aged 54 years.
I was one of the firm of Morgan & Co. in Nashville at the date of said mortgage deed and continued to be one of the said firm until it was dissolved.
/s/ C. J. Cheny
Depositions taken: 24 April 1874.
DEPOSITION: HENRY RICHMOND.
Aged 61 years.
I took the property [the town property in the town of Gainesboro known as the J. R. Tolbert property, engaged in this litigation] into my possession in the time of the late war, as I could I commenced renting it out. It was much out of repair. J. R. Tolbert had purchased the property before the war. He was my son-in-law and after his death I took it into possession with the hope of realizing and saving something out of it for his widow and children.
/s/ Henry Richmond
DEPOSITION: A. B. BOTTS.
Aged 50 years.
/s/ A. B. Botts
REPORT.
Summary: the town lots in the case of S. W. McClellan & others vs. Thomas J. Jones & others were sold 28 Dec. 1870 to James M. Johnson.
Depositions taken: 13 March 1875.
DEPOSITION: D. A. RAWLEY.
About 48 years of age.
[Thomas J. Jones] resided in California the time mentioned in the question, that is, from 12 April 1861 to the 26 day of May 1865.
/s/ David A. Rawley
DEPOSITION: A. J. STAFFORD.
39 years of age.
He agrees with the above deposition. -bp.
/s/ A. J. Stafford
DEPOSITION: B.B. WASHBURN.
[Thomas J. Jones] was a resident of California from 1859 or about that time until the present time, except a short time that he was in Colorado.
I have known Sampson McClellin ever since he was a small boy. He has always resided in the State of TN.
I suppose Jackson Co. was taken into and included in the military lines of the United [States] army, as I now remember, sometime in the summer or fall of 1863--the precise time I cannot state--and remained so after that until the end of the war.
/s/ B. B. Washburn
THE ANSWER OF LILLIE MC CLELLAND to the bill in this cause, the answer being filed as a cross bill against the said Sampson McClelland.
15 Sept. 1898.
Summary: she says that he committed adultery with one D. Martin at her father's house in the town of Gainesboro, with whom the said D. Martin was living at the time. She says her husband has committed adultery with D. Martin many times over the past two years. She also complains of verbal abuse and threatening behavior on his part. She says they have an infant boy of about two years. She says he has failed to support her and the child. She asks for divorce, that her name be changed back to her maiden name of Lillie Richie, for custody of the child and for support for her and the child.
/s/ Liley McClennan
THE BILL OF COMPLAINT OF SAMPSON MC CLELLAND AGAINST LILLIE MC CLELLAND, BOTH OF JACKSON CO. TN.
3 Sept. 1898.
Summary: they were married in July of 1896 in Jackson Co. TN. Defendant deserted complainant more than two years ago. He had been working as a day laborer. She left without warning and went to live with her sister in Gainesboro, saying she did not care for him.
/s/ Sampson McClelland
BILL OF COMPLAINT. [The only document in this folder.]
Summary: Pharris claims title to the 400 acre tract that Sampson McClelland claims. James Harris is living there. Pharris is cutting timber on the property. -bp.
Deposition taken: 7 Sept. 1911.
DEPOSITION: J. G. DUDNEY.
I am 61. I live in the Free State in this county and I am a farmer.
I owned the Tinsley farm from 1881 to about 1905 and lived on it, with the exception of the first two years, all that time.
[W. D. McCoin] is the father of complainant.
[S. S. Dudney, Jr., Kenner Dudney & J. G. Dudney, who is this deposer] are brothers.
Quest. Did you all not partition the land among yourselves after your purchase . . . ?
Ans. Yes, Sir. We partitioned the land ourselves. I got the East End next to the public road, S. S. Dudney got the South side of the West End next to the river and Wm. Draper & Kenner got the North side of the West End next to Montgomery and the river.
Quest. When the Woodfolk land [his land was part of this -bp.] was surveyed preparatory to sale, did the Court not lay off and dedicate the road leading up the bottom as a public road?
Ans. That has been my understanding. I was not here at the time.
Quest. Who did Kenner sell to the first time?
Ans. To W. H. Young is my recollection.
I sold to T. J. Meadows about five years ago.
Quest. Who did he sell to?
Ans. To defendant Tinsley as I understand it.
Quest. Is not T. J. Meadows a son of R. H. Meadows . . . ?
Ans. Yes, Sir.
Quest. Who did W. H. Young sell the Kenner Dudney land to?
Ans. To myself. About the close of 1882. I kept [it] a year or a little over and sold it to W. H. Dudney and he sold to N. P. Haile . . .
I think Kenner got it back out of the Haile estate and sold it to W. D. McCoin.
[F. R. Dudney] is Kenner Dudney.
[S. S. Dudney sold] to W. D. McCoin sometime about the year 1882 . . .
/s/ J. G. Dudney
Deposition taken: 8 Sept. 1911.
DEPOSITION: DANIEL POSTON.
I live on W. M. Draper's farm in the "Free State". I am a farmer.
Quest. How long have you been living on the Draper place?
Ans. All this year.
I am 26 [years old].
/s/ Daniel Poston
Depositions taken: 9 Sept. 1911.
DEPOSITION: JOSIAH ROBERTS.
I am 54 years old. I live in the 2nd District of this county.
I am a farmer.
I had rheumatism.
I don't own any land. I never did own any.
J. C. Roberts (his mark)
DEPOSITION: W. T. ACRE.
I reside in Jackson County. I am a machinist and practical surveyor.
/s/ W. T. Acree
DEPOSITION: J. A. MONTGOMERY.
I live on adjoining farm to both the farms over which the road in controversy passes. I have lived on the farm on which I now live for 16 or 17 years but I have lived in the Free State and in the neighborhood of that road for about 26 years.
/s/ J. A. Montgomery
DEPOSITION: IKE GENTRY.
I am 32 years old. I live in the First District. I am a farmer.
/s/ Ike Gentry
THE JOINT AND SEPARATE ANSWER OF BULAH TINSLEY & HER HUSBAND L. P. TINSLEY TO THE BILL FILED AGAINST THEM BY E. M. MC COIN.
24 April 1911.
Respondents neither admit nor deny the allegation in his bill that he is the owner of the tract of land set out and described in his bill as being his, but they admit that he has possession of said tract of land by his tenants and that it originally belonged to his father, W. D. McCoin, before his death . . .
Respondents aver that W. D. McCoin, father of complainant, who owned said tract of land up to his death, for quite a number of years owned another farm on the North side of the river, on which he lived for a number of years, and the road leading from complainant's farm across said river was created by complainant's father, when he lived on the other side of the river . . .
/s/ L. P. Tinsley
/s/ Beulah Tinsley
Deposition taken: 25 July 1911.
DEPOSITION: RUSSELL KINNARD.
I am 61 years old. I live in the 6th District of this county. I am a farmer. I have lived in Jackson County all my life.
. . . Mr. Bill McCoin's land. It was his when I lived on it, but it is now claimed by E. M. McCoin. I lived on it two years. I made two crops on it. It has been twenty years since I left the place.
My father moved to the Free State in time of the War . . . The Free State then belonged to Woodfolks . . .
/s/ Russel Kinnard
Deposition taken: 26 July 1911.
DEPOSITION: R. H. MEADOWS.
I am 58, live in the First District of Jackson Co. I am a farmer.
/s/ R. H. Meadows
Deposition taken: 2 Aug. 1911.
DEPOSITION: W. H. GENTRY.
I am 58 years old. I live in the First District of this county. I am a farmer.
I lived 22 years on Cub creek and the balance of the time in that neighborhood [of the road in controversy] except two years. I lived on Roaring river the last two years. I live on Wash Chapman's land in 1st District.
/s/ W. R. Gentry
Deposition taken: 8 Aug. 1911.
DEPOSITION: E. O. SMITH.
I am 39 years old; am a farmer. I live in what is known as Free State.
I have lived within a quarter of a mile and a half mile of it [the road in controversy] for 30 years, I guess, but during that time I have lived away from there about 7 years.
/s/ E. O. Smith
Deposition taken: 9 Aug. 1911.
DEPOSITION: W. M. DIXON.
I am 53 years old. I live in the 3rd District of Jackson Co.; farmer and miller.
I live opposite on the North side of the river and this land is on the South side of the river.
Quest. How long have you lived there?
Ans. 25 years I guess.
I cultivated the McCoin land four years in the years 1905, 1906, 1907 and 1909.
/s/ Wm. Dixon
Deposition taken: 14 Aug. 1911.
DEPOSITION: M. P. BAILEY.
I am 36 years old. I live on complainant McCoin's farm in the Free State in the First District of Jackson Co. TN. I have lived there since last Oct.
/s/ M. P. Bailey
Deposition taken: 15 Aug. 1911.
DEPOSITION: J. W. MEADOWS.
I am 28 years old. I live in what is called "Free State". I have lived in the Free State in all about six years.
I live on Martin McCoin's land. This will be the second year I have lived there.
I was living on Bill Draper's place about half mile from where I now live [just before moving to McCoin's place].
I lived on the Tinsley farm for about two years with my father. I reckon it has been about six years ago since my father first moved there and I lived with him the two first years he was there.
Quest. Are you not a brother-in-law to witness M. P. Bailey?
Ans. Yes, Sir.
Note: this deposition is signed, but it is unreadable. -bp.
PLAT.
26 April 1911.
Map of Tinsley and McCoin land.
Depositions taken: 5 & 6 Oct. 1911.
DEPOSITION: E. M. MC COIN [Complainant].
I was raised just across the river from this road. I lived there until I was 25 years old. I moved away from there 15 years ago. I have been living on Roaring river ever since, about 8 miles from where I was raised.
About 18 years ago this fall I taught school in the "Free State" . . .
My father, W. D. McCoin, gave it [the land] to me.
Quest. You and your brother, Averet McCoin . . .
/s/ E. M. McCoin
DEPOSITION: JOHN HAMLETT.
I am 58 years old. I live four miles south of Gainesboro, by occupation a farmer. I am Deputy Game Warden for Jackson Co. and have been for seven years.
/s/ J. J. Hamlet
Deposition taken: no date.
DEPOSITION: W. M. DRAPER.
I am a farmer and merchant and I own a farm adjoining the farms in question.
/s/ W. M. Draper
DEED.
4 Aug. 1888.
We, Kenner Dudney and wife Mary Etta Dudney, in consideration of $1300 payable as hereinafter stated, do hereby sell and convey to W. D. McCoin the following parcel or tract of land, it being in Civil District No. 1, Jackson Co. TN.
Beginning on the bank of Cumberland river . . . line between J. G. Dudney & W. D. McCoin . . . containing by estimation 58 3/4 acres, more or less . . .
/s/ Kenner Dudney
/s/ Mary Etta Dudney
DEED.
2 Feb. 1883.
In consideration of a tract of land this day transferred to me by W. D. McCoin in an exchange and swap of land lying in the 1st District of Jackson Co. TN and the further consideration of $112 to me in hand paid, do hereby transfer and convey unto said W. D. McCoin a certain tract or parcel of land lying in the 1st District of Jackson Co. TN in what is known as the "Free State" and bounded on the North by W. H. Young land and Cumberland river, on the East by lands of J. G. Dudney, on the South by lands of W. L. and J. T. Anderson and West by Cumberland river, containing 80 acres more or less, it being that part of tract No. 9 [Woodfolk] of the "Free State" land transferred to me by B. J. Farrar, Atty. for B. A. Shepherd, less ten acres heretofore transferred by me to W. H. Young.
Said land is butted and bounded as follows, beginning at a stake on the bank of Cumberland river . . . containing 80 acres more or less. . .
/s/ S. S. Dudney, Jr.
Depositions taken: no date.
DEPOSITION: L. P. TINSLEY [defendant].
I have owned and been living on said land three years 1st next Jan.
/s/ L. P. Tinsley
DEPOSITION: J. G. DUDNEY.
/s/ J. G. Dudney
DEPOSITION: JIM MEADOWS.
I am 20 years old. I live in the "Free State". I live about a half a mile from the land mentioned. I have lived there all my life.
/s/ Jim Meadows
Note: the first name of this signature could be James. It is unclear. -bp.
END OF ROLL.
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