Jackson Co., TN Loose District/Chancery Court Papers
Reel #96, McCoin - McKoin, W.
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

[Within this folder is the case of Emma McCoin vs. W. D. McCoin, et. al., a divorce case, and the case to which the first documents in this folder pertain. -bp.]

Deposition taken: 27 June 1899, at the residence of Dr. T. H. Jones at Willette, Macon Co., TN.

DEPOSITION: T. H. JONES.

Age 59 years.

Physician.

Quest. For how long have you been a practicing physician?

Ans. About 27 years.

Quest. During the times you were there, did you observe the treatment of defendant W. D. McCoin towards his wife, the complainant?

Ans. I did.

Quest. Was his treatment towards her that of a kind husband or was he rough, coarse and abusive towards her?

Ans. His treatment towards her was that of a kind husband, usually.

I have treated Mrs. McCoin and prescribed for her several times.

I first treated her for fever. Secondly I treated her eyes and then I gave her treatment for female troubles and I also treated her for nervous trouble . . .

Quest. How far back did the nervous troubles manifest themselves?

Ans. Some eleven or twelve years or perhaps longer.

. . . a daughter of McCoin and wife named Minnie, who is now the wife of Willis McDearman . . .

They [the McCoins] had a daughter named Rosa to die some seven or eight years ago. . . she had intusseption of the bowels [believed to be caused by medicine Mrs. McCoin gave her. -bp.]

Quest. From what you have seen and known of complainant Emma McCoin, your observations of her and your examination of her as a physician, please give your professional opinion as to whether she is sound or insane.

Ans. Partially deranged is my professional opinion as a physician.

Quest. Is it not a part of his general character that he [W. D. McCoin] whipped his son Richard just before he died and the child had bruises on him when he did die from the whipping; haven't you heard this?

Ans. I have heard that he whipped his son before he got sick . . .

Deposition taken: no date.

DEPOSITION: JERRY ROBERTS.

Quest. Have you or not worked for defendant W. D. McCoin as a farm hand on the place where they lived ever since they have lived on Roaring river?

Ans. Yes, Sir, most of the time.

[W. D. McCoin] treated her [his wife] as well if not better than I ever saw a man treat a woman.

He could not go in the house without her just quarreling at him all the time.

My name is properly Jerry Roberts but I am sometimes called Jerry Scott. I was raised by a man named Scott.

Quest. Are you and your wife living together as husband and wife now?

Ans. No, Sir.

Quest. Does Mandy [Scott] not live in the house with you?

Ans. I decline to answer.

Quest. Have you and Mandy not been indicted twice in the Circuit Court of Jackson County for lewdness? Have you not served out two sentences in jail for the same?

Ans. Yes.

. . . Uncle Hugh Stafford . . .

Quest. Who lives in the house with you and keeps house for you?

Ans. Martin Scott and his wife. Martin is a son of Amanda Scott.

Quest. Who else lives in the house with you and your family?

Ans. My family and Martin Scott and his wife and his mother.

Quest. Is not Martin Scott's mother the same Manda Scott Mr. Gore was asking about?

Ans. Yes.

Jerry Roberts (his mark)

Deposition taken: 3 July 1899.

DEPOSITION: LURA BELLE RHOTON.

17 years old.

Quest. Where have you lived for the past few years?

Ans. On Roaring river in this county.

I have been living there [with W. D. McCoin & his wife Emma McCoin] a while. I stayed there eleven weeks as a hired girl.

Miss Sada Garrison stayed about two months after I went, and Miss Ida Mie the balance of the time while I was there.

I went the 4 of last March and stayed there until Mrs. McCoin left.

He [W. D. McCoin] told us to wait on Mrs. McCoin and do what she wanted done . . . and to see that she was well cared for.

She testifies that the McCoins were both equally guilty of quarreling with each other. -bp.

Quest. Martin McCoin boarded with his sister Mrs. McDearman, did he not?

Ans. Yes, Sir.

Quest. Did their daughter, Mrs. Willie Tinsley . . .

. . . McCoin's & McDearman's Store.

BILL FOR DIVORCE & ALIMONY.

ORDER.

No date.

. . . it appeared to the Court that the complainant, Emma McCoin, was entitled to alimony pendente lite out of the estate of the defendant, W. D. McCoin, for her proper and necessary support, for suit money and for counsel fees, and that $400 would be reasonable allowance . . .

THE BILL OF COMPLAINT OF EMMA MC COIN AGAINST WILLIAM D. MC COIN, Wm. L. Lee & T. B. Lee, Bank of Gainesboro, all of Jackson Co. TN.

26 May 1899.

. . . about 35 years ago, she and the defendant intermarried in Jackson Co. TN, where they have ever since resided . . .

Complainant charges that she and the defendant W. D. McCoin lived together as husband and wife for a considerable time pleasantly, when defendant commenced to abuse and mistreat her, which has continued along at intervals up till their separation the 22 day of May 1899 . . . she is now living with her daughter and son-in-law near their home.

Complainant charges that for the last few years she has been an invalid and almost blind and she became totally blind about one year ago.

Complainant was heretofore the owner in her own right of a tract of land in District No. 2 of Jackson Co. TN known as the Jenkins' tract at the mouth of Cub creek, the same lands on which Walker Hix now lives, which lands was her separate estate, being derived from the proceeds of her distributive share as devisee under the will of her father, Richard P. Brooks, deceased, devised to her as a separate estate, which said tract of land she has heretofore conveyed since the separation of her and defendant McCoin to Minnie McDearman and Willie Tinsley.

She is now the owner in her own right and in the same manner as the first tract herein described of another tract of land lying in District No. 1 of Jackson Co. TN on the waters of Cumberland river in what is known as the Free State, bounded West by Cumberland river, North by Heady's heirs, East by Aggie Smith and others and South by R. V. Brooks.

Complainant avers and charges that defendant W. D. McCoin is the owner of the following property, to wit, [personal property], one half interest in a stock of goods now in the Store house hereinafter described, which belongs to him and Willis McDearman, valued at about $3000 for the whole stock.

Defendants Wm. L. Lee and T. B. Lee are indebted to W. D. McCoin for a balance of purchase money on land . . .

Complainant charges that W. D. McCoin is the owner of two farms in the 1st District of Jackson Co. TN in the Free State bottom, which farms are one tract, both being adjoining, which lands are bounded on the West, Northwest and North by Cumberland river, East by J. G. Dudney land, South by lands of J. T. Anderson, worth $4000.00.

Complainant charges that defendant W. D. McCoin is the owner of a small tract of land in District No. 13 of Jackson Co. TN, now occupied by Wm. Dixon and bounded on the North by Wm. Spivy, East by lands on which D. N. Johnson now lives, South by Cumberland river, West by Wm. Gentry and Wm. Spivy, worth about $350 or $400.

Defendant W. D. McCoin was prior to last December the owner of a tract of land on the North side of Cumberland river, whereon he then lived and he exchanged this with Daniel N. Johnson for the place where McCoin now lives on Roaring river . . .

/s/ Emma McCoin

THE SEPARATE ANSWER OF W. D. MC COIN.

No date.

Summary: he says that almost from the beginning of their marriage, his wife has been irritable, cross and quarrelsome, and this has increased with age. He refers to their son, E. M. McCoin and their two married daughters, Mrs. Minnie McDearman and Mrs. Willie Tinsley. He says he has always provided well for his wife. He refers to "the druggist, her son-in-law, W. W. McDearman." The respondent says that his wife attempted suicide on one occasion and she has threatened suicide on numerous occasions; she is "addicted to the morphine habit."

He says that he is fourteen years older than his wife. Their youngest child is a boy fifteen years of age. He admits that his wife did receive money from her father's estate, but says that he contributed a large portion of the purchase money for the lands bought in his wife's name.

/s/ W. D. McCoin

Deposition taken: no date, at Nashville TN.

DEPOSITION: MISS SADIE GARRISON.

Residence: 1311 Demonbreun St., Nashville TN.

Quest. How long have you been residing in Nashville?

Ans. Since June 11th, 1899.

Quest. Where did you live before you came to Nashville?

Ans. Gainesboro, Jackson Co. TN.

I lived at Mr. McCoin's two year's previous to last April.

I was a hired girl.

She attests to much friction between the McCoins and between Mr. McCoin and his daughter Willie. -bp.

Deposition taken: 31 Aug., 1, 2, & 4 Sept. 1899.

DEPOSITION: MRS. MINNIE MC DEARMAN.

I am 25 years of age. I reside in Jackson Co. TN at McDearman. I am a daughter of complainant Emma McCoin and defendant W. D. McCoin.

I lived with my parents until I was 21 years of age. I then married and left the home of my parents.

When he [W. D. McCoin] would get mad, he would abuse them [his family].

She attests to physical abuse of his family by W. D. McCoin. -bp.

Quest. What relation was Cunningham [Tinsley] to her [Emma McCoin]?

Ans. Son-in-law.

DEED.

3 Dec. 1878.

Summary: Serelda A. Birdwell of Jackson Co. TN conveys all of her interest in a tract of land in Civil District No. 2 in Jackson Co. TN to Geo. W. Birdwell and W. D. McCaughan, for the consideration of $400, bounded . . . William W. Holcum line . . . crossing Cub creek . . . Powell's south boundary line . . . William Hix's corner . . . containing 90 acres, more or less, including and excluding a portion of the homestead that was laid off to her and her heirs as the widow and children of Joseph Birdwell, deceased.

Serelda A. Birdwell (her mark)

BILL OF SALE.

22 Aug. 1892.

Summary: Agnes P. Smith sells to Emma W. McCoin, for $800, the farm on which she now lives. No description of property given. She will make a deed when the land is surveyed.

Agnes P. Smith (her mark)

AGREEMENT.

12 Oct. 1903.

I, Mandy Scott, have turned over to W. D. McCoin my daughter Maggie, her and all of her wearing apparel, for said W. D. McCoin to have full [unreadable] and control of her such as a guardian or parent. Said Maggie Scot is now at one Johnes [sic] Chaffin's in Jackson Co. and I further authorize the said W. D. McCoin to go there and get her and all of her wearing apparel at any time he may cause to do so.

Mandy Scott (her mark)

DEED.

29 Dec. 1879.

Summary: W. D. McKaughan and R. A. Cox buy a parcel of land in Jackson Co. TN which was sold by the Supreme Court of TN by decree in the cause of M. H. Howard vs. W. W. Woodfolk, et. al., for $1515, lying in the 1st Civil District and containing 107 acres.

THE ANSWER OF A. M. MC COIN TO THE BILL FILED BY EMMA MC COIN FOR DIVORCE AND ALIMONY.

26 Nov. 1914.

Summary: he says he has had nothing to do with Maggie Irwin since his wife returned to him. He admits that he is and has been for a number of years addicted to the drink habit and he often drinks to excess, but she well knew that before their marriage. He denies abusing or threatening her.

/s/ A. M. McCoin

Deposition taken: no date.

DEPOSITION: EMMA MC COIN.

Age 24. Will be 25 Sept. 18.

Married 27 May 1907.

Summary: she complains of her husband drinking and abusing her. Also of her husband "seeing" Mag Irwin. Maggie Irwin has a child that she says was fathered by Emma's husband. Maggie Irwin lived with Tom Cormack. She has had two children; the oldest is dead, the other is now two years old. A. M. McCoin claimed the deceased child; it is buried in his graveyard.

Comer Chaffin is son-in-law of H. H. Johnson.

Depositions taken: 15 April 1915.

DEPOSITION: MRS. RUTH CHAFFIN.

I am 18 years old. I live in the 9th District of Jackson Co. TN. I am married. Comer Chaffin is my husband and am Harrison Johnson's daughter.

Quest. Was Maggie Irwin staying at your house as a servant?

Ans. Yes, Sir.

. . . Averett . . . his sister Minnie McDearman.

. . . she said "I am awful glad Dallas [Scott] has got out of jail."

Quest. Dallas has been a servant there [at Averett McCoin's] for a long time, kind [of] the waiting boy around the place, hasn't he?

Ans. Yes, sir.

Quest. He is a little dwarf, scrawny, deformed boy with a large knot on his shoulders or back where he is deformed, and not at all attractive, is he?

Ans. I wouldn't call him attractive. He has a bump on his back. I reckon you might call him deformed.

My baby is nine months old. Will be ten months old 29th of the month.

/s/ Ruth Chaffin

DEPOSITION: COMER CHAFFIN.

I am 22 years old. I live in the 9th District of Jackson Co. TN. Farmer.

/s/ Comer Chaffin

THE BILL OF COMPLAINT OF EMMER [EMMA] MC COIN AGAINST A. M. MC COIN, BOTH OF JACKSON CO. TN.

24 Oct. 1914.

. . . she and defendant were married on the 27th day of May 1907 in Jackson Co. TN . . .

Complainant charges that they lived happily together for about two years only when defendant became enamored of one Maggie Irwin . . .

She says that he became abusive to her. -bp.

[He owns] the following described tract of land, to wit, lying in the 9th Civil District of Jackson Co. on the waters of Roaring river and bounded by the lands of H. H. Johnson, J. A. Loftis, Monroe Maberry and Henry Maberry, being the place upon which complainant and defendant have been residing, known as the Sam Johnson farm and the same conveyed to him by his father, W. D. McCoin.

She asks for divorce, that her name be restored to her maiden name of Emma Burris, and for alimony.

/s/ Emma McCoin

COUNTY COURT, 1906 - 1907.

BILL OF EXCEPTIONS.

The date of this bill is 1 March 1911. I do not think that all of these depositions were taken on this date. -bp.

DEPOSITION: MAGGIE MC COIN, complainant.

Quest. State if you went and lived with W. D. McCoin in his lifetime . . . ?

Ans. My uncle didn't have anybody to keep house for him and he sent Mounce Gore to see me and see if I would come live with him; he said he would pay me well for my services.

Quest. Where did you live at that time?

Ans. With my brother on the waters of Jenning's creek, at Pine Lick.

Quest. And with your mother also?

Ans. Yes.

Quest. Was your mother an old lady?

Ans. Yes, about seventy when I left her.

I went because he needed a housekeeper. I was to be the boss of the house.

I went Nov. 15, 1902 and left there May 28, 1907. [W. D. McCoin died] Sept. 2, 1906.

Quest. You stayed from Sept. until May after he died?

Ans. Yes.

Quest. Who did you stay with after his death?

Averett McCoin, his son.

Quest. Did he have any other members of his family living with him at the time?

Ans. His two sons, Martin and Averett.

Quest. Did he have any hired women or girls?

Ans. Yes, a girl, Mary Wilson.

Quest. Did she afterward marry the defendant Martin McCoin?

Ans. Yes.

Quest. How long after you went there until they married?

Ans. I just don't remember exactly, two or three months.

Quest. Was the other son, Averett McCoin, living there at the time?

Ans. He was at Pleasant Hill at school.

Quest. How long was he [W. D. McCoin] sick before his death?

Ans. About three weeks.

Quest. What was his condition during that spell of sickness?

Ans. He seemed to be not at his right mind.

He took sick that way and died that way and never was at his right mind.

Quest. When you were solicited to go over there, before you went, state what was your condition then as to a home and support.

Ans. I was living with my youngest brother and my mother . . .

Quest. Have you received any pay for your services there?

Ans. No Sir, nothing at all.

Quest. How old were you when you went there to live?

Ans. 33.

Quest. Was your father living or dead?

Ans. Dead.

He died in 1900.

. . . my brother Tobe . . .

Quest. After you quit living on Tobe's farm, where did you go?

Ans. Brother George bought a farm and we just moved together [she, mother and George].

Quest. Was he married?

Ans. No Sir.

Quest. How long after that was it until he married?

Ans. A year.

Quest. Did your father own any land?

Ans. No Sir.

Quest. Has your mother owned any since that time?

Ans. No Sir.

. . . I have four brothers and two sisters . . .

Quest. How many hired women did he [W. D. McCoin] have during the time you were there?

Ans. Mary Wilson was there when I went there. Callie Carnahan stayed there a while, Maggie Irwin, Ola Wylie--.

Quest. The widow Davis and her two daughters?

Ans. They didn't stay there; they washed there.

Quest. Where do you live now?

Ans. On the waters of Jenning's creek.

Quest. Where have you been living since you left Mr. McCoin's on Sept. 2, 1906?

Ans. I lived there with his son eight months after he died, been living with my brother ever since.

I keep house for him [her brother].

Quest. He is a widower?

Ans. Yes.

My uncle was nearly blind [when she went there to live in 1902].

I had heard before I went there of the boys drinking.

Quest. Were they drinking after you got there?

Ans. Yes, drinking most of the time, and they fought.

There was a lady staying there when I went there that I didn't want to stay with, and my uncle said to let her stay a while.

Quest. A woman of bad repute?

Ans. Yes.

Quest. Who was that woman?

Ans. Mary Wilson.

Quest. The woman Martin McCoin afterward married?

Ans. No Sir. There was two women of the same name; he married Lou Wilson.

Quest. Was that the only one?

Ans. No Sir, I think there was another one, Maggie Irwin.

[Maggie Irwin] was 14 or 15 years old. She claimed to be that old.

DEPOSITION: MRS. SUSIE RODDY.

Taylor Roddy, my husband.

Quest. Who were you before your marriage?

Ans. A Kirkpatrick.

My husband and Maggie [McCoin] are first cousins. Their mother's are sisters.

DEPOSITION: TAYLOR RODDY.

Maggie--we are cousins; our mothers were sisters.

Quest. Was he [W. D. McCoin] nearly blind with sore eyes?

Ans. Yes.

Quest. The testator's mother-in-law stayed there a couple of years before Maggie went there, didn't she?

Ans. I don't know about that, I don't remember it.

Quest. Old Mrs. Blair?

Ans. I don't know; you might have asked me who his mother-in-law was and I couldn't have told you.

DEPOSITION: HARRISON JOHNSON.

Quest. You are a widower I believe?

Ans. Yes.

My daughter keeps house [for me].

TAYLOR RODDY RECALLED.

DEPOSITION: P. F. VAN HOOSER.

. . . George McCoin, and he was my brother-in-law, a nephew of W. D. McCoin.

DEPOSITION: LEE MC GLASSON.

Quest. You are the clerk of the County Court?

Ans. Yes.

MAGGIE MC COIN RECALLED.

DEPOSITION: JIM MC COIN.

I am a Justice of the Peace.

Quest. And a practicing attorney also?

Ans. Yes.

I am a cousin to both parties [to this suit].

[W. D. McCoin] was my uncle.

My father and Maggie's father were brothers and our mothers, sisters.

DEPOSITION: D. J. MC COIN.

Quest. Are you a brother of complainant Maggie?

Ans. Yes.

Quest. Do you own a farm?

Ans. Yes.

Quest. What is it worth?

Ans. I hardly know what my farm is worth, between $4000 and $5000.

DEPOSITION: M. F. YOUNG.

His [W. D. McCoin's] store was about half way between his house and mine.

. . . Mrs. Blair, his [W. D. McCoin's] mother-in-law . . .

When Mr. McCoin first moved on the farm I suppose it was worth something like $5000, but at his death I expect it was worth $7000 or $8000.

HARRISON JOHNSON RECALLED.

DEPOSITION: N. M. MC COIN.

53 years old.

Quest. Are you related to the parties to this suit, if so, what relationship?

Ans. We have always recognized one another as cousins.

Quest. What is your profession?

Ans. Practicing medicine.

Quest. How long have you been practicing?

Ans. 27 or 28 years.

Maggie was in very feeble health most of the time . . .

Quest. You don't hold any diploma, do you?

Ans. No.

Quest. You first started out as a cancer doctor, didn't you?

Ans. Yes.

DEPOSITION: BEN CHAFFIN.

Quest. You have been a widower for a number of years?

Ans. 16 years.

DEPOSITION: W. R. HICKS.

Quest. Where do you live?

Ans. Morrison's creek.

Quest. Did you live there on his [W. D. McCoin's] farm when she [Maggie McCoin] was there?

Ans. Yes, she was there two or three months before I went there and I was there the balance of the time.

DEPOSITION: E. M. MC COIN.

Quest. Are you a son of W. D. McCoin?

Ans. Yes.

Quest. How old are you?

Ans. 40 years old the 7th of this month.

Quest. Did your mother and father separate?

Ans. Yes, they separated in the year 1899, I believe.

My father and myself and my brother was all the family; we lived there about two or three weeks by ourselves and then my wife came and lived with us until Aug. 1902 . . . She stayed there until Aug. 1902. Part of the time during that time my mother's mother stayed there some 18 months. She lived in Oklahoma at the time of the separation, Mrs. M. J. Blair.

My father ran the farm and I ran the store.

HARRISON JOHNSON RECALLED.

DEPOSITION: PALO SWEARINGAME [SWEARINGEN].

Quest. How long did you work for him [W. D. McCoin]?

Ans. Most of the time for three years.

Quest. You don't own any land?

Ans. No Sir.

DEPOSITION: MARTIN SCOTT.

DEPOSITION: AVERETT MC COIN.

Quest. Are you a brother of the defendant E. M. McCoin?

Ans. Yes.

DEPOSITION: MAGGIE MC COIN [taken in 1911.]

. . . one of my nephews, Barlow McCoin.

DEPOSITION: JOE LOFTIS.

E. M. MC COIN RECALLED.

DEPOSITION: J. N. MC COIN.

TOBE MC COIN RECALLED.

DEPOSITION: E. M. MC COIN.

OPINION & FINDING OF FACTS.

No date.

Summary: the Court believes there was a verbal contract between Maggie McCoin and W. D. McCoin, that her services were worth $10 a month plus her board, clothing and medical care. The Court finds the complainant now due $615.76 plus the costs of the suit. -bp.

Deposition taken: no date, filed 24 June 1910.

DEPOSITION: M. L. GORE.

Depositions taken: 24 June 1910.

DEPOSITION: W. M. GAILBREATH.

I was Clerk & Master of this Court . . .

/s/ W. M. Gailbreath

DEPOSITION: W. W. DRAPER.

/s/ W. W. Draper

Depositions taken: 28, 29 & 30 Jan. 1909.

DEPOSITION: LOU MC COIN.

I am 34 years old. I live at Pacific TN.

[E. M. McCoin] is my husband.

Quest. When were you and your husband married?

Ans. Jan. 18, 1903.

I had lived with W. D. McCoin before my marriage and I left there about the 1st of Aug. before I was married in Jan.

I stayed there three years and about two months and left about the 1st of Aug. before I married his son . . .

Maggie Irwin, Callie Carnahan, Ola Wiley and Sarah Hix lived there as hired hands, while she [Maggie McCoin] lived there and Rhoda Burris also stayed there with her after Mr. McCoin died, while she lived with Averett McCoin.

Lou Wilson (her mark) [sic].

DEPOSITION: JOHN WILEY.

Age 57 years. I live near Pacific in Jackson Co. TN.

. . . Margarett A. McCoin . . . She is commonly known by the name of Maggie McCoin.

My daughter Ola Wiley . . .

John Wiley (his mark)

DEPOSITION: CONZADA PHARRIS.

I live at Pacific in Jackson Co. TN.

Cansady Pharris (her mark)

DEPOSITION: CALLIE SWEARINGIN.

Age 33 years. I live at Pacific in Jackson Co. TN on the Mercer farm.

Me and my husband, Polo Swearingin, lived there [on the W. D. McCoin farm] a while when we were first married, and Maggie came there to live shortly after we moved there to live. Then we moved away and stayed away nearly a year, then we moved back and stayed a little over a year.

/s/ Callie Swearingin

DEPOSITION: POLO SWEARINGIN.

Age 28.

/s/ Polo Swiringin

DEPOSITION: W. C. PHARRIS.

I live at Pacific in about 75 yards of the store [W. D. McCoin & Co.'s store] and have lived there about five years.

Age 45 years.

/s/ W. C. Pharis

Depositions taken: 29 Jan. 1909.

DEPOSITION: MAGGIE IRWIN.

I am 20 years old. I live at Gainesboro.

I went there [to W. D. McCoin's] to live in Sept. 1903 and stayed there until about Aug. 1905.

Quest. Did you live there as a hired girl or as one of the family?

Ans. As one of the family.

Quest. Did you marry [?] while you lived there? If so, when?

Ans. Yes. May 14, 1905.

/s/ Maggie Irwin

DEPOSITION: N. M. MC COIN.

Age 51 years.

[I live at] McCoinsville TN.

I am a practicing physician and have been such for 25 years.

She [Maggie McCoin] was in poor health and was an invalid. She suffered with female troubles and a general break down, debilitated condition of the system.

/s/ N. M. McCoin

Deposition taken: 30 Jan. 1909.

DEPOSITION: J. D. MORGAN.

Age 48 years. I live at Cookeville TN. I have been a traveling salesman for the time asked about [the past seven or eight years].

I sold him [W. D. McCoin] or his firm the principal part of his groceries during those years.

/s/ J. D. Morgan

Depositions taken: 28 Oct. 1909.

DEPOSITION: S. E. MC COIN.

Quest. Are you the wife of Esq. J. N. McCoin?

Ans. I am.

[Maggie McCoin] is a double cousin of my husband.

/s/ S. E. McCoin

DEPOSITION: WILLIAM CARNAHAN.

Wm. Carnahan (his mark)

Deposition taken: 29 Oct. 1909.

DEPOSITION: CLAY CLARK.

I am 52 years old. I live in Clay Co. TN.

I was left a widower with five children. My mother and my sister-in-law stayed with me and they didn't charge me anything for their services.

Maggie McCoin was a cousin of my first wife. My first wife is dead.

/s/ Y. C. Clark

Deposition taken: 30 Oct. 1909.

DEPOSITION: DR. J. D. QUARLES.

I am a practicing physician and live at Whitleyville TN.

I have been practicing medicine nearly 14 years.

/s/ J. D. Quarles

Deposition taken: 15, 16 & 17 Nov. 1909.

DEPOSITION: D. J. MC COIN.

I live on the North side of the Cumberland river in the 1st District and I am a farmer.

I am a brother of complainant and cousin of the defendant E. M. McCoin.

Deposition taken: 18 Nov. 1909.

DEPOSITION: LUISA J. MC COIN.

I am 74 years old and live near Whitleyville. I am no relation to W. D. McCoin except by marriage. I am his sister-in-law.

Maggie McCoin is my niece.

Maggie has always had pretty fair health. She had some little attacks of erysipelas, which lasted her a day or two, and she never did look like a healthy person, but she was always up and ready to do her part.

She had a very good home . . . Of course they were poor people, but there are many that are poorer than her folks.

/s/ Luisa J. McCoin

Deposition taken: no date.

DEPOSITION: DR. S. B. FOWLER.

I am 57 years old.

I am a physician and surgeon and have been for thirty years. I hold diploma from Ohio Medical College and Polyclinic of N. Y.

Quest. Do you know Dr. N. M. McCoin as a physician?

Ans. Yes Sir.

Quest. Did he ever attend any medical school as a student?

Ans. No Sir.

Quest. Did he ever read medicine under a well informed physician?

Ans. If he did, I never knew it.

/s/ S. B. Fowler

Depositions taken: 16, 17 & 18 Aug. 1910.

DEPOSITION: LOU MC COIN.

I am 36 years old and live at Pacific.

[E. M. McCoin] is my husband.

Quest. When were you and your husband married?

Ans. Jan. 18, 1903.

DEPOSITION: PALOW SWEARINGIN.

31 years old. I live near Pacific TN.

/s/ Palo Swiringin

DEPOSITION: CANSADA PHARRIS.

I live at Pacific TN.

Cansada Pharris (her mark)

DEPOSITION: W. C. PHARRIS.

/s/ W. C. Pharis

DEPOSITION: JOHN WILEY.

I am 57 years old. I live at present in Overton Co. I am a farmer and work at steam mill. I lived near Pacific for fifteen years till this year.

John Wiley (his mark)

DEPOSITION: J. D. MORGAN.

/s/ J. D. Morgan

Deposition taken: 18 Aug. 1910.

DEPOSITION: CALLY SWEARINGIN.

Cally Swaringin (her mark)

Depositions taken: 16 & 17 May 1910.

DEPOSITION: J. W. ANDERSON.

Age 48 and I live in the 15 Civil District of Jackson Co.

J. W. Anderson (his mark)

DEPOSITION: MARTIN SCOTT.

Age 63. I live near Pacific in Jackson Co. Occupation farmer.

Martin Scott (his mark)

DEPOSITION: A. M. MC COIN.

26 years old. Live at Pacific, Jackson Co. W. D. McCoin was my father. M. A. McCoin is my first cousin and E. M. McCoin is my brother.

/s/ A. M. McCoin

WILL.

22 Aug. 1904.

I, William D. McCoin of Jackson Co. TN, being of sound mind and disposing memory and desiring to make the dispositions hereinafter indicated of such worldly effects as it has pleased Almighty God to bless me with, do hereby make, ordain and publish this, my last will and testament, hereby revoking and making void all other wills by me at any time heretofore made.

1. It is my will that all my just debts be paid by my Executor as soon after my decease as practicable, including burial and funeral expenses.

2. I will and bequeath to my daughter Minnie McDearman one dollar, to be paid to her by my Executor, and this is all that I intend for my said daughter to have out of my estate.

3. I will and bequeath to my daughter Willie Tinsley one dollar, to be paid to her by my Executor, and this is all that I intend for my said daughter to have out of my estate.

4. I will and bequeath all the rest and residue of my property, real, personal and mixed, of every character, description and kind that I may own at my death, to my two sons, Eugene Martin McCoin and Averitt Malcolm McCoin, a one half interest to each of my said sons, without any limitation or restriction except that if either one of my said sons shall die without issue, then the one surviving him shall take the absolute title and ownership to all the property herein willed and bequeathed to them both.

He appoints his son Eugene Martin McCoin executor. -bp.

APPLICATION FOR YEAR'S SUPPORT, HOMESTEAD AND DOWER.

1906.

Summary: Commissioners appointed to lay off and set apart to Emma McCoin, widow of W. D. McCoin, a year's support, homestead and dower. -bp.

REPORT.

23 Jan. 1907.

We, the undersigned commissioners, having been appointed by the Hon. County Court of Jackson Co. TN at it's Dec. Term 1906 and revived at Jan. Term 1907, as surveyor and commissioner to lay off and set aside homestead and dower and a year's support to Emma McCoin, widow of W. D. McCoin, deceased, state that we went to the late residence of said W. D. McCoin, now deceased, and upon investigation we find that the said W. D. McCoin had in his lifetime disposed of all of his effects, both real and personal and mixed, to his two sons, Martin and Averett McCoin, by deed and will. This being the case, we therefore return the order of the Court not executed.

THE JOINT AND SEPARATE ANSWER OF AVERETTE & E. M. MC COIN TO THE PETITION OF EMMA MC COIN.

No date.

They deny the right of the said petitioner, Emma McCoin, to have a year's support laid off to her out of the personal estate of the testator, W. D. McCoin, because, they say, that the petitioner on the 18th of Oct. 1899, for a full, fair and adequate consideration paid to her by W. D. McCoin, released, waived and relinquished all claims, rights or demands which she had, or might thereafter have in the future, against the said W. D. McCoin or his property or estate for support for one year or for any other time.

Second. Because the said Emma McCoin lived separate and apart from W. D. McCoin for many years prior to his death. She has not lived with or been recognized as a member of his family for more than eight years, and during all this time the said Emma McCoin did not treat, receive or recognize him, the said W. D. McCoin, as her husband.

They say that on the 18 of Oct. 1899 the testator, W. D. McCoin, made a full, ample and adequate provision and arrangement for the care, maintenance and support for the said Emma McCoin by settling upon her and giving and delivering to her more than $10,000 worth of real and personal property, which was more than one half of his estate, which was accepted by the said Emma McCoin, and in consideration of which she released, waived and relinquished all further claims against him . . .

BILL FOR DIVORCE & ALIMONY--CONTINUANCE.

8 July 1899.

. . . Mrs. James Price, who resides in Trousdale Co. TN & Mrs. B. Hunt who lives in Overton Co. . .

. . . Mrs. Willie Tinsley is now confined to her bed by reason of having recently given birth to a child.

Deposition taken: 12 Oct. 1899 at Carthage, Smith Co. TN.

DEPOSITION: JNO. F. HENRY.

I am acquainted with all their children. Martin and Minnie, while at school at Hartsville, were placed under my watch care, were sent to Hartsville to attend school at my suggestion and boarded in same house with myself.

/s/ John F. Henry

Depositions taken: 4, 5 & 6 July 1899.

DEPOSITION: ALTA C. SMITH. (the pages of this deposition are out of order. -bp.)

Age 25 years.

I live in Jackson Co. TN in what is known as the Free State in 1st District. T. G. Smith is my husband. I have been married five years.

Quest. Where did you live for the fourteen months prior to your marriage?

Ans. I lived at Mr. W. D. McCoin's.

I stayed there as a hired girl and done the cooking, washing and housework generally.

DEPOSITION: BETTIE F. BUCHANAN.

17 years of age.

I live about one mile from Gainesboro at Dr. Fowler's and am a nurse.

[I have been a nurse] off and on for about six or eight months.

DEPOSITION: J. A. LOFTIS.

Live near McDearman in this county.

/s/ J. A. Loftis

Depositions taken: no date, probably July 1899.

DEPOSITION: HEISKELL GENTRY.

About 45 years old.

[I live on] Cub creek in this county.

Quest. How long have you lived on her land? To whom and how much rent have you paid?

Ans. Ten years. Paid W. D. McCoin $672.00.

/s/ W. H. Gentry

This case is basically about debts. -bp.

Depositions taken: 1 June 1891.

DEPOSITION: W. D. MC COIN.

I know that S. F. Murray was Joseph Birdwell's physician in his last sickness.

. . . his [Murray's] home in Macon Co. . .

DEPOSITION: A. G. KEITH.

/s/ A. G. Keith

Depositions taken: no date.

DEPOSITION: N. W. WILLIAMS.

/s/ N. W. Williams

DEPOSITION: CLAY REEVES.

31 years of age.

/s/ Clay Reeves

Deposition taken: 12 July 1883.

DEPOSITION: W. D. MC KAUGHAN [MC COIN], COMPLAINANT.

My understanding was that Joseph Birdwell's land consisted of three purchases, two of which lie on Cub creek, one on the ridge known as the Hog Camp tract. The three purchases consisted of five tracts of land, as I understood it. There was three tracts embraced in Joe Birdwell's purchases from George Birdwell, is the way I understood it. My understanding is that the three tracts Jo purchased of George is as follows. One hundred acre tract known as the Cumming tract, and there is two other tracts, one of which is known as a 18 acre tract purchased from James Draper and the other is a small tract of 3 acres purchased from Powell, is the way I understand it. I have never seen all the deeds.

My understanding is he purchased the Cumming tract from R. P. Brooks. We [the Commissioner's] gave her [the widow of Joseph Birdwell] all the Hog Camp tract and a portion of the Cub creek tract, but no part of what Joe purchased of George.

The remainder of the old homestead was sold at $400, that is outside of Dower. The 100 acre tract known as the Cumming tract was sold. W. T. Birdwell purchased this tract at $800.

. . . W. T. Birdwell at his own house in Clay Co. . .

[W. T. Birdwell] sold the land to his brother, Benjamin F. Birdwell, for the same he gave, $800.

B. F. Birdwell is dead. He occupied the land from the time of his purchase up to his death and his widow and children have occupied it since his death, up to this time.

Depositions taken: 13 July 1883.

DEPOSITION: W. W. HOLCOMB.

Joseph Birdwell occupied said land, I suppose, about four years, or it was under his control . . . from 1871 to 1875 . . .

Benj. Birdwell did occupy said land . . . I think 1877 & 8, probably 1879; I can't be positive how long.

/s/ W. W. Holcum

DEPOSITION: J. B. WILSON.

Quest. . . your mother-in-law, Mrs. Agy Brooks . . .

. . . my mother-in-law, Mrs. Margarett Brooks . . .

I was acquainted with Benj. F. Birdwell from a boy . . . He died in 1880.

J. B. Wilson (his mark)

DEPOSITION: JOHN HIX.

It was a debt that I owed Joe Birdwell in his lifetime for blacksmithing.

John Hix (his mark)

DEPOSITION: WM. HOLCOMB.

I am 58 years old. Residence Jackson Co. Occupation farmer. I have known all of them [the Birdwell brothers] thirty or forty years.

He [Joseph Birdwell] died in the spring of 1876.

Quest. Are you in any way related to G. W. Birdwell? If so, how?

Ans. We are brothers-in-law.

Quest. Are you not related to Joseph Birdwell's children . . . ?

Ans. They are my nephews and nieces by my wife. I married their Aunt.

/s/ W. W. Holcumb

DEPOSITION: WM. SPIVY

I will be 65 years old the 17 of next Nov.

Residence Jackson Co. Occupation farmer.

Have known the lands [in controversy] forty years.

Wm. Spivy (his mark)

Depositions taken: 30 July 1889.

DEPOSITION: W. J. SPIVY.

I was 30 years old 13th of last Sept.

W. J. Spivy (his mark)

DEPOSITION: JACOB RYAN.

I am 40 years old. Residence Jackson Co. Occupation farmer.

I lived in Kentucky during those years [1871-1874]--good many miles from the land. I was a portion of the time in Illinois, some 500 miles from the land. It was in 1875 or 1876 when I came here and first got acquainted with the land.

It was the last of the year 1875 or 1876 when I first knew the land. Geo. Adams was living on the land as a renter when I first became acquainted with it, as I now recollect.

Quest. Where is George Adams now?

Ans. I reckon he lives in Clay Co.

DEPOSITION: J. D. WATSON.

I am about 50 years old. Residence Jackson Co. Occupation farmer.

I knew [Joseph Birdwell] a number of years--from the time he was a small boy till his death.

J. D. Watson (his mark]

DEPOSITION: LEWIS HIX.

I owed him [Joseph Birdwell] for blacksmithing.

/s/ Lewis Hix

DEPOSITION: J. H. CRAWFORD.

/s/ J. H. Crawford

DEPOSITION: JOHN M. BURRIS.

/s/ J. M. Burris

DEPOSITION: W. D. MC KAUGHAN [sic].

. . . [Joe Birdwell's] brother G. W. Birdwell . . .

The widow Birdwell and her father William Forkum told me that Joseph's account Book did show the payments on the land.

/s/ W. D. McCoin [sic].

DEPOSITION: W. T. BURDWELL.

I am 38 years old, live in Clay Co. TN. Formerly lived in Jackson Co. TN. Am one of the Administrator's of Joseph Birdwell, deceased.

George W. Birdwell is my co-administrator.

[Joseph Birdwell, deceased] was my brother. Father [not named -bp.] and George bought it [the land] together before I was of age. After I became of age, they had not paid for the land. I helped to pay for it and I afterwards sold my part to George, that is, my father's part and mine. The deeds were probably made to George originally.

/s/ W.T. Birdwell

Depositions taken: no date, about Aug. 1887.

DEPOSITION: S. G. GAINES.

Aged 62 years.

I was an Acting Justice of the Peace.

I live near the lands in a mile or a mile and 1/4 of the lands all my life.

/s/ S. G. Gaines

DEPOSITION: JOHN M. BURRIS.

/s/ J. M. Burris

DEPOSITION: J. B. WILSON.

J. B. Wilson (his mark)

Depositions taken: 4 Aug. 1887.

DEPOSITION: BENJ. COOMER.

/s/ B. S. Coomer

DEPOSITION: SERRENDER BURDWELL.

Quest. State whether or not you are the widow of Joseph Burdwell, deceased, and how old are you?

Ans. I am. I am 44 years old.

Quest. State whether or not the children of Joseph Birdwell named in this bill in this cause were at his death minors . . .

Ans. They were all minors at the death of my husband and also at the commencement of this suit. But now two of said children are of age. Those that are of age are Josephine and William.

Serelda Birdwell (her mark)

DEPOSITION: ASBERRY FORCUM.

Aged 42 years.

I am acquainted with the tract of land mentioned and have been all my life.

/s/ Asberry Forkum

DEPOSITION: WILLIAM FORCUM.

Quest. When did Joseph Birdwell died?

Ans. I think in April 1874 or 1875.

William Forkum (his mark)

DEPOSITION: WILLIAM W. HOLCUM.

/s/ W. W. Holcum

Depositions taken: 5 Aug. 1887.

DEPOSITION: J. H. CRAWFORD.

Age 33 years.

/s/ J. H. Crawford

DEPOSITION: W. D. MC COIN.

. . . on account of her [Serelda Birdwell's] husband having been sick a long time.

/s/ Wm. D. McCoin

Deposition taken: 6, 8, 9 & 10 Aug. 1887.

DEPOSITION: R. A. COX.

/s/ R. A. Cox

Deposition taken: 10 Aug. 1887.

DEPOSITION: W. T. BIRDWELL.

I am 43 years old. I live in Clay Co. I formerly lived in Jackson Co.

/s/ W. T. Birdwell

Depositions taken: 23, 24 & 25 June & 5 July 1881.

DEPOSITION: J. H. CRAWFORD.

Aged 27.

I live in White's Bend of Cumberland river, Jackson Co. TN.

G. W. Birdwell's wife is my mother's sister.

/s/ J. H. Crawford

DEPOSITION: S. G. GAINES.

/s/ S. G. Gaines

DEPOSITION: JEFFERSON WILSON.

. . . my mother-in-law, Mrs. Margarett Brooks . . .

Jeff Wilson (his mark)

DEPOSITION: JOHN HIX.

Aged about 35 years.

John Hix (his mark)

DEPOSITION: WILLIAM HOLCUM.

/s/ W. W. Holcumb

DEPOSITION: W. D. MC KAUGHAN.

/s/ W. D. McKaughan

DEPOSITION: J. M. BURRIS.

Aged 42 years.

/s/ J. M. Burris

DEPOSITION: LOUIS HIX.

Aged 66 years.

PETITION.

Filed 14 Aug. 1876.

The petition of Geo. W. Birdwell & William T. Birdwell, Administrators of Joseph Birdwell, deceased, both of Jackson Co. TN against Sarilda Birdwell, the widow of said Joseph Birdwell, and Josaphine Birdwell, William Birdwell, Martha Birdwell, T. S. Birdwell, Allice Birdwell and Tallus Birdwell, all of Jackson Co. TN and all the children and heirs at law of Joseph Birdwell, except Sarilda his widow as aforesaid, and all of said children are minors and have no general guardian.

. . . said intestate died seized and possessed of several tracts or parcels of land lying in Jackson Co. TN at or near what is called Hog Camp. That one tract of land purchased of said deceased of Elisha Powell, containing by estimate 90 acres . . . one other tract containing by estimate 10 acres is described in a deed from Thos. J. Powell to Joseph Birdwell . . . One other tract of 100 acres . . . deed . . . made by R. P. Brooks to G. W. Birdwell, which tract was sold to Joseph Birdwell by Geo. W. Birdwell . . .

They state that it is necessary to sell the lands to pay debts and for distribution. -bp.

Depositions taken: no date, probably 1876.

DEPOSITION: W. D. MC KAUGHAN.

/s/ Wm. D. McKaughan

DEPOSITION: GEO. W. BIRDWELL.

/s/ G. W. Birdwell

Depositions taken: 27 July 1889.

DEPOSITION: WILLIAM M. GENTRY.

I am 40 years of age. Jackson Co. is my residence. Occupation farmer.

I lived just across the river in Free State one or two of those years [1871-1874]. I think I lived in the Free State in 1871. In 1872 or 1873 I think I lived on Hensley creek. In 1874 I think I moved to F. C. Quarles' on Jenning's creek. I won't be positive about where I lived in those years, it is so far back, but I think I am correct . . .

[Joseph Birdwell] died about 14 or 15 years ago.

W. M. Gentry (his mark)

DEPOSITION: DANIEL COOMER.

I am 60 years old, live in Macon Co. TN & am a farmer.

I tended the land [in controversy] in 1873 & 4 and lived on it in 1873.

I did live five years on the head of Jenning's creek, part of time in Jackson and part of time in Clay Co. I lived nine years in Macon Co. and I now live there.

I own land in Macon Co.

I bought about 120 acres in the woods and paid $175 for it.

I understand that McCoin did prosecute my son [not named -bp.] for lewdness but I do not know which was at fault.

/s/ Daniel Coomer

DEPOSITION: THOMAS J. COOMER.

I am 33 years of age. I live in Macon Co. Occupation farmer.

Quest. . . you and your father, Daniel Coomer . . .

Quest. Are you a land owner . . . ?

Ans. I am now and have been for seven or eight years.

/s/ T. J. Coomer

Deposition taken: 3 & 10 Aug. 1889.

DEPOSITION: WILLIAM T. BIRDWELL.

I am 46 years of age. Residence Jackson Co. Occupation farmer. I am a brother of Joseph Birdwell, deceased, and also a brother of Geo. Birdwell.

[Joseph Birdwell] died 16 April 1875.

I have known said lands and premises about 33 years.

. . . James M. Jones (a brother-in-law of W. T. Birdwell & Joe Birdwell) . . .

/s/ William T. Birdwell

Depositions taken: 15 & 29 Aug. 1889.

DEPOSITION: J. M. BURRIS.

/s/ J. M. Burris

DEPOSITION: GEO. W. BIRDWELL.

I am 51 years old. Joseph Birdwell was my brother.

Quest. Are you the same Geo. W. Birdwell who sold Joseph Birdwell the land by verbal sale that is in litigation in this case?

Ans. I am.

I sold it to him in the fall of the year 1870. I had lived on the land a good many years before I sold it to my brother.

. . . James Jones (a brother-in-law of Brother Joe) . . .

. . . me and Bro. Temp Birdwell . . .

/s/ G. W. Birdwell

Depositions taken: 1 Aug. 1889 in Clay Co. TN.

DEPOSITION: MISS P. J. BIRDWELL.

Age 56 Sept. 9, 1889.

Sister to the parties mentioned in the question [Geo. W., W. T. & Joseph Birdwell].

[Joseph Birdwell] died April the 16, 1875.

/s/ P. J. Birdwell

DEPOSITION: ELIZABETH LONG.

Age 63 the 9 day of Oct. 1889.

I am a sister to G. W. and W. T. and Joseph Birdwell.

/s/ Elizabeth Long

[Continuation of the previous case. -bp.]

THE AMENDED BILL OF COMPLAINT OF W. D. MC KAUGHAN, S. F. MURRAY & SERELDA BIRDWELL.

No date.

Alex Lee and B. F. Birdwell has died since the filing of the original bill. Joseph Lee is the only heir at law of Alex Lee, that S. G. Gaines is the Administrator of B. F. Birdwell, that M. A. Birdwell, J. B. Birdwell, Elzona Birdwell, Haywood Birdwell, Leana Birdwell are the only heirs at law of B. F. Birdwell, deceased . . .

Depositions taken: 21 July 1883.

DEPOSITION: SERILDA BIRDWELL.

I am 40 years of age and am the widow of Joseph Birdwell, deceased.

Serilda Birdwell (her mark)

DEPOSITION: S. G. GAINES.

Age 58 years.

. . . I got throwed from a horse and was suffering severely [about 1874].

I live one mile or a mile and a quarter from it [the land in litigation]. Have lived there all my life.

Ben Birdwell's widow, Mary A. Birdwell . . .

/s/ S. G. Gaines

DEPOSITION: WM. FORKUM.

Aged 63 years.

Quest. State whether or not Joseph Birdwell married your daughter?

Ans. He did.

Have known it [the land in controversy] for twenty years and upwards. Have lived on an adjoining farm during that time of over twenty years.

Wm. Forkum (his mark)

DEPOSITION: ASBERRY FORKUM.

Aged 38 years.

/s/ Asberry Forkum

DEPOSITION: R. A. COX.

/s/ R. A. Cox

ORDER.

No date, about 1886.

. . . William Reed, one of the defendants in this cause, is dead. That he has been dead over six months . . .

It appeared to the Court that the marriage of defendant Josaphine Birdwell with Sam Richardson has heretofore been suggested and proven . . .

Deposition taken: 18 Nov. 1887.

DEPOSITION: W. A. CRAWFORD.

Joseph Birdwell was a blacksmith.

/s/ W. A. Crawford

Deposition taken: 14 Sept. 1885.

DEPOSITION: R. A. COX.

I am a solicitor of this Court . . .

/s/ R. A. Cox

Deposition taken: no date.

DEPOSITION: W. D. MC COIN.

/s/ W. D. McCoin

Depositions taken: 4 Jan. 1886.

DEPOSITION: JOHN HIX.

John Hix (his mark)

DEPOSITION: S. G. GAINES.

/s/ S. G. Gaines

DEPOSITION: JEFFERSON WILSON.

. . . my mother-in-law, Mrs. Brooks . . .

J. B. Wilson (his mark)

THE BILL OF COMPLAINT OF G. W. & W. T. BIRDWELL.

No date.

Defendant Serilda A. Birdwell is the widow and relict of Joseph Birdwell, deceased, M. A. Birdwell, Wm. Birdwell, Martha Birdwell, Josephine Birdwell, P. S. Birdwell, Alice Birdwell, Zuella Birdwell are the only children and heirs at law of the said Joseph Birdwell, deceased.

Defendants Sam Richardson and Wm. Craighead are husbands of Josephine Birdwell and Martha Birdwell . . .

DEED.

14 June 1860.

Summary: Thomas J. Powell sells to George W. Birdwell, the consideration unreadable, a tract of land in Jackson Co. TN, District No. 2, lying on Cub creek, containing by estimation three acres, bounded . . . below Birdwell's shop . . . T. J. Powell's line . . . Daniel Cumming's line . . .

/s/ Thomas J. Powell

Witnesses: Marshall M. Gaines, Sampson G. Gaines.

DEED.

3 May 1862.

Summary: Thomas J. Powell sells to Joseph Birdwell a tract of land in Jackson Co. TN, District No. 2, the consideration unreadable, the number of acres unreadable, bounded . . . Powell's line . . . George W. Birdwell's line . . . William Hix's corner . . .

/s/ Thomas J. Powell

Witnesses: George W. Birdwell, W. W. Holcum.

Depositions taken: 13 Aug. 1889.

DEPOSITION: M. W. GAINES

Aged 59 years.

I live about 1 1/2 [?] miles from said land [in controversy] and I have lived near it all my life.

I am a brother of S. G. Gaines.

Quest. What relation are you to defendant Geo. W. Birdwell?

Ans. I am his brother-in-law. We married sisters.

/s/ M. W. Gaines

DEPOSITION: J. H. JENKINS.

63 years of age.

I live about 1 1/2 miles from it [the land that G. W. Birdwell sold to Joseph Birdwell]. Have been living that distance from it since the fall of year 1854.

. . . Ben Birdwell & Blake Birdwell . . . [this is the only reference I have seen to this name on this roll. -bp].

/s/ J. W. Jinkins

DEPOSITION: N. M. GAINES.

Aged 44 years.

/s/ N. M. Gaines

DEPOSITION: JOSEPH RAY.

Aged 58 years.

Joseph Ray (his mark)

DEPOSITION: J. PAYTON HIX.

Aged 46 years.

I was raised on the place I now own and it adjoins to said farm [in controversy].

/s/ J. P. Hix

DEPOSITION: M. H. CRAIGHEAD.

M. H. Craighead (his mark)

DEPOSITION: E. L. ETHERIGE.

Age 39.

I lived on the same [Joe Birdwell tract] during the years 1883 - 1884.

I reckon I am related to the widow Birdwell, but I don't know what relationship.

I am related to [S. G. and M. W. Gaines] but I can't tell what relationship. It is remote and I don't know the relationship. 2nd, 3rd or 4th cousin or somewhere there.

Quest. What relationship is the widow of Ben Birdwell to S. E. Gaines?

Ans. She is his daughter.

Quest. Have you not been courting the widow and staying there with her?

Ans. I have visit with her a few times. I stayed there about four years ago.

E. L. Ethridge (his mark)

Depositions taken: 15 Aug. 1889.

DEPOSITION: S. G. GAINES.

I will soon be 64 years old.

I live within about 3/4 of a mile of it [the Joe Birdwell farm] and have so lived about 39 years.

/s/ S. G. Gaines

DEPOSITION: THOMAS GENTRY.

I will be 43 years old in Jan. next.

Thomas Gentry (his mark)

DEPOSITION: GEO. LONG.

Age 43 years.

I am acquainted with the farm mentioned [that of Joe Birdwell]. Have known it ever since I have been grown. Was raised in its neighborhood. Have lived on eight years this fall.

George C. Long (his mark)

DEPOSITION: T. A. HIX.

I was born and raised on a farm adjoining the Joe Birdwell farm in controversy.

I am 33 years old . . . I have lived there in about a mile of it all my life.

/s/ T. A. Hix

DEPOSITION: W. F. HIX.

I am 43 years old. I am tolerably well acquainted with the Joe Birdwell farm. Was raised right close to it . . .

W. F. Hix (his mark)

DEPOSITION: JOSEPH HIX.

I am 57 years old some time this fall.

I am a farmer and have been all my life. I am a real estate owner. Have owned several different places since I have been owning land. Have moved about right smart.

/s/ Joseph Hicks

DEPOSITION: W. S. LONG.

I am about 60 years old . . . Knew the land [in controversy] fifty years ago . . .

DEPOSITION: JO. T. WEST.

I am going on 51 years old. I have logged right smart.

/s/ J. T. West

DEPOSITION: J. W. ANDERSON.

/s/ J. W. Anderson

DEPOSITION: W. H. DODSON.

I am 61 years old. Have logged right smart.

I have done very little logging since that [1871].

I live up Cumberland river about 1 1/2 or 2 miles above mouth of Roaring river.

/s/ W. H. Dodson

DEPOSITION: JOHN S. QUARLES.

I have had considerable experience in logging. I was engaged in the logging business in the years 1869-1870-1871 & probably 1872 in the Free State.

/s/ Jno. S. Quarles

DEPOSITION: SERILDA BIRDWELL.

I am the widow of Joseph Birdwell . . .

S. A. Birdwell (her mark)

DEPOSITION: J. H. CHAFFIN.

/s/ J. H. Chaffin

END OF ROLL.