Jackson Co., TN Loose District/Chancery Court Papers
Reel #98, Maxwell - Maxwell, 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

Depositions taken: 16 May 1902.

DEPOSITION: J. B. GRAVES.

My age is 44 years. Occupation is a farmer. Live in the 5th Civil District of Jackson Co. TN.

/s/ J. B. Graves

DEPOSITION: RBT. DUKE.

/s/ R. L. Duke

DEPOSITION: T. K. HOLLIMAN.

I have known her [Mary S. Maxwell] ever since she was a child.

She is uneducated.

I don't think she can [read & write]. If she ever went to school a day in her life, I don't know it.

Me and her are born cousins.

. . . her [Mary's] son, Wm. Maxwell . . .

/s/ T. K. Holleman

Deposition taken: 8 June 1915.

DEPOSITION: M. J. DIXON.

I am a practicing attorney.

Quest. Were you and J. W. Stafford partners in practicing law at that time [1901-2]?

Ans. Yes Sir.

I understand that Mr. [Joseph] Jones is now dead.

We were working at Mrs. [Mary] Maxwell's pension claim at the time. At some time during that year [1902], is my recollection, we got proof sufficient and her claim was allowed.

. . . he [Mary's husband] was drawing a pension before he died. The greatest trouble we had in getting her pension was proving her marriage, as we could find no church or public record of the same and we had to prove it by parties that saw them marry.

/s/ M. J. Dixon

DEPOSITION: J. W. STAFFORD.

I will be 70 years old at my birth[day]. I live in the 1st District of Jackson Co.

I am a merchant.

Quest. Were you ever a practicing attorney at this bar, if so, for how long?

Ans. Yes Sir. I have license. I guess 18 or 20 years and probably longer.

I have been Clerk & Master in this County and Deputy Marshall.

/s/ J. W. Stafford

THE BILL OF COMPLAINT OF MARY MAXWELL of Jackson Co. TN, who sues by her next friend W. D. Maxwell, against R. V. Brooks of Smith Co. TN, Brice Trousdale of Macon Co. TN, James Hargis, Bo Hargis and Bill Watts of Jackson Co. TN & Johnnie Trousdale of Trousdale Co. TN.

12 Oct. 1914.

Note: greatly simplified, the suit alleges that R. V. Brooks took advantage of Mary Maxwell's "simple mindedness" to cheat her out of her property. -bp.

. . . on the 6th day of Sept. 1895 the complainant, Mary Maxwell, was the owner in fee and in possession of four tracts of land, all of which tracts were adjoining each other in the 5th Civil District of Jackson Co. TN and which boundary of land was bounded on the North by the G. R. Hollendan farm, on the South by the John Bush farm, on the East by Cumberland river and on the West by the McDonald and Graves lands, and containing about 332 1/2 acres . . . she was in possession of all said lands and living on and using the same as a home, except the 97 1/2 acre tract, on which W. C. Trousdale was then living and in which he had a life estate.

. . . the complainant at this time being a widow with small children . . .

. . . the death of her husband, which was shortly before the trade with the defendant, R. V. Brooks . . .

. . . to make him [R. V. Brooks] the deed of Sept. 6, 1895 . . .

. . . the defendant, R. V. Brooks, sold a part of the tract of land to James Hargis, who later sold this tract to the defendant Bo Hargis, who is now in possession of said land and that the said R. V. Brooks sold the remainder of said tract of land to the defendant Brice Trousdale, who later sold the same to the defendant Johnnie Trousdale, who later sold the tract of land to the defendant Bill Watts, who is now in possession and living on said tract of land.

Deposition taken: 31 Aug. 1915.

DEPOSITION: W. R. WATTS.

I will be 56 years old the 9th Dec. I live in the 5th District of Jackson Co.

Quest. Are you one of the parties defendant in this case?

Ans. Yes Sir.

Quest. Do you own one of the tracts of land mentioned in complainant's bill, the 97 1/2 acre tract?

Ans. Yes Sir.

Quest. From whom did you purchase it and when? Explain fully.

Ans. Johnnie Trousdale, the life estate from the old woman and old man Trousdale. By reference to the deeds, I find the date of the purchase from W. C. Trousdale and wife to be Aug. 11, 1905 and the deed from J. K. Trousdale the remainder interest, Aug. 16, 1905.

Quest. Which survived the other, W. C. Trousdale or his wife?

Ans. His wife died first.

Quest. State as near as you can the date of the death of W. C. Trousdale.

Ans. The best I can state it is I think he lived about a year after the trade.

Quest. Did you know who J. K. Trousdale had purchased said land from . . .?

Ans. Yes Sir, Brice Trousdale, his brother.

R. V. Brooks is referred to as Vance. -bp.

Quest. Where did you live in 1895?

Ans. I lived in the Granville District all my life. I lived on Martin's creek at that time, I reckon.

/s/ W. R. Watts

THE BILL OF COMPLAINT OF PRETTYMAN JONES OF PUTNAM CO. TN AGAINST MARY S. MAXWELL & R. V. BROOKS OF JACKSON CO. TN.

1 Oct. 1895.

The defendant Mary S. Maxwell and her husband W. H. Maxwell on the 16th of Jan. 1895 made and executed to your orator a deed of trust on a tract of land lying in Jackson Co. TN on the North side of Cumberland river near Granville, bounded on the East by Cumberland river, on the North by George R. Holman and Ellen Reece, on the West by Laton Ferrell and D. C. Ferrell, on the South by Nancy Roberts and Benan Graves.

. . . William H. Maxwell died intestate in Jackson Co. TN on the 5th March 1895 . . .

The lands above described was the sole and separate property of the defendant Mary S. Maxwell and at his death she became the owner of the absolute and fee simple Estate in said land; nothing passed to W. H. Maxwell heirs at his death, of said lands.

Deposition taken: 5 Oct. 1915.

DEPOSITION: W. D. MAXWELL.

Quest. Are you the next friend for your mother in this case?

Ans. Yes Sir, I suppose so.

Quest. How old are you?

Ans. I will be 39 years old the 4th day of March.

/s/ W. D. Maxwell

Depositions taken: 7 Oct. 1915.

DEPOSITION: W. E. CARRINGTON.

Age 46 years. I live in the 12th District of Jackson Co. TN and am a Merchant.

We both lived at Baxter TN when I formed acquaintance with her [Mary Maxwell].

I lived about 300 or 400 yards from her; it was about 14 or 15 years ago, in 1900 & 1901.

Quest. What is the color of her eyes?

Ans. A pale blue, as well as I remember it.

/s/ W. E. Carrington

DEPOSITION: M. A. C. WILLIAMS.

I am 76 years old. I have been a hotelkeeper all my life, but I have recently turned it over to my children. I live in Gainesboro.

I have knowed her [Mary S. Maxwell] all her life, ever since she was seven years old.

She [Mary's mother] was a poor old woman and blind and this girl [Mary] had to come with her to lead her . . .

He [W. H. Maxwell] used to come to my house himself and stay drunk weeks at a time and she [Mary Maxwell] would ride this little gray mule and come after him.

. . . my house that burned down . . .

Quest. What was Mrs. Maxwell's mother's name?

Ans. Polly Burgess was her name.

She [Mary Maxwell] said they accused her of keeping a bad house; she never was guilty of such a thing, that she had a daughter that had done wrong and she would try to persuade them to do right and that she was sorry that such a thing had ever occurred in her family, that she was a poor woman and tried to raise her children right so far as her sense would admit. [This was in response to the question of why Mary Maxwell had lost her pension. -bp].

/s/ M. A. C. Williams

DEPOSITION: J. H. STAFFORD.

I am 67 years old, live in Gainesboro TN and am a lawyer and farmer.

/s/ J. H. Stafford

Deposition taken: 1 April 1915.

DEPOSITION: TOM HOLLIMAN.

I will be 80 years old at my next birthday.

Mary Maxwell is my own cousin.

I have known her [Mary Maxwell] ever since 1849. She was born then. I went after the Doctor when she was born, or I should have said, midwife, Sine King.

/s/ T. K. Holleman

Deposition taken: 26 Aug. 1915.

DEPOSITION: BO HARGIS.

Quest. Are you one of the defendants in this case?

Ans. Yes.

I used to Clerk at the store . . . I commenced work for Bob Montgomery in 1886 and worked about two years in the store for him; after I quit there I went to work for Hargis and Watts . . . while I was working for Hargis and Watts and Hargis and Son. I think Hargis and Watts was in business something like two years and Hargis and Son was in business something like three years.

I was in Montana when Watts bought his place.

Quest. Who did Brooks sell this land to, and when?

Ans. He sold it to my father, a portion of it, in reckon in 1899. And Brooks sold to Brice Trousdale, the remainder of it.

Quest. Who owns the part that he sold to your father, at this time?

Ans. I do.

I am 46 years old.

Quest. About how old was Capt. Trousdale and his wife when Brooks purchased in 1895?

Ans. I don't know. They were getting old. I expect they were something like 75 or 80.

Quest. Capt. Trousdale was a veteran of the Mexican War, wasn't he?

Ans. The best of my information, he was, the best of my recollection he drew a Mexican pension.

/s/ A. B. Hargis

THE JOINT AND SEPARATE ANSWER OF B. C. TROUSDALE, J. K. TROUSDALE AND W. R. WATTS.

No date.

. . . the death of said W. C. Trousdale, which occurred the 15th day of Sept. 1906, he having survived his wife.

[New folder, but continuation of the previous case. -bp].

Deposition taken: no date, filed 4 Dec. 1915.

DEPOSITION: MARY MAXWELL.

Quest. Are you the complainant in this case?

Ans. I am.

Depositions taken: 15 Sept. 1915 at Baxter, Putnam Co. TN.

DEPOSITION: JACK JONES.

I am 40 years old. I reside at Baxter.

Well, while I was in goods business here, it's been something like eight years ago . . .

Quest. . . you married Mrs. Mary Maxwell's girl?

Ans. Yessir.

Quest. When did you marry her?

Ans. Well, it's been about 13 years ago.

. . . her [Mary Maxwell's] daughter, Myrtle Maxwell.

/s/ Jack Jones

DEPOSITION: J. S. OAKS.

I am 43 years old, will be 18th of Oct. Am a farmer. I reside at Baxter TN.

When she [Mary Maxwell] first bought [real estate in Baxter], I lived at Silver Point, TN, but I moved to Baxter in the Fall of the same year, which has been seventeen years ago this Sept.

DEPOSITION: JACK JONES, recalled.

/s/ Jack Jones

Deposition taken: no date.

DEPOSITION: F. A. KELLY.

I am 57 years old. Live at Gallatin TN. I lived at Granville TN all my life until Aug. 1914, when I moved my family to Gallatin TN. I have stayed at Granville most of the time since. I was engaged in the general mercantile business [in Granville], and in the last ten or fifteen years I have dealt, more or less, in real estate in the Granville community.

Quest. What official position have you held in Jackson County?

Ans. Trustee of the county.

/s/ F. A. Kelly

Deposition taken: no date.

DEPOSITION: B. C. TROUSDALE.

Quest. Are you one of the parties Defendant in this case?

Ans. Yes Sir.

Quest. State what relation, if any, you are to W. C. Trousdale and his wife Jane Trousdale?

Ans. They are my father and mother.

My father died Sept. 15, 1906. My mother died the same year.

Quest. What relation, if any, are you to the Defendant J. K. Trousdale?

Ans. He is my brother.

Quest. How old were your father and mother when they died?

Ans. Pappa was 86, mother was 77, or about that.

/s/ B. C. Trousdale

Depositions taken: 13 Aug. 1915 at Baxter, Putnam Co. TN.

DEPOSITION: ELLA JONES.

I am 32 years old. I live at Baxter.

Bill Maxwell is my brother and Mary S. Maxwell is my mother.

Quest. How old was you when you married?

Ans. I was 19 years old.

Quest. How long after your marriage until your first child was born?

Ans. I had a child before I was married; it was about ten months and a half I guess I had one by my husband after we were married.

/s/ Ella Jones

DEPOSITION: MRS. ELSIE PETTY.

I don't know exactly my age, but from what my Pa and Ma told me, I am about 40 years old. I live about a mile from Baxter.

. . . my brother-in-law, Mr. Bradford.

Quest. You know that it was a part of Mrs. Maxwell's general character that she and her girls were indicted and convicted for keeping a bawdy house, don't you?

Ans. I never heard a word said about Mrs. Mary Maxwell in that way in my life. But I have heard some talk about her girls.

. . . after my husband got killed . . .

/s/ Elsie Petty

DEPOSITION: DAVE PETTY.

I am 34 years old. I live in Putnam County near Baxter.

/s/ D. B. Petty

Deposition taken: 25 March 1915.

DEPOSITION: JAMES HARGIS.

I am 78 years old and live here in Granville and am one of the Defendants.

Quest. Was the history of Capt. Trousdale's family that of a long life people or of short life people?

Ans. My understanding was that they were long lived people. That his father lived to be very old.

I have been buying and selling land ever since I was 21 years old and have been dealing a right smart.

/s/ James Hargis

THE ANSWER OF MARY MAXWELL BY HER GUARDIAN AD LITEM L. G. STRODE.

24 Oct. 1916.

The defendant, Mary Maxwell, who has been adjudged incompetent or non compos mentis . . .

TENNESSEE SUPREME COURT OF CIVIL APPEALS.

12 Oct. 1916.

The Jackson County Chancery Court decree is affirmed.

DECREE.

No date.

Summary: The defendant R. V. Brooks was found not guilty of any fraud, but he does owe Mary Maxwell $725. The complainant and R. V. Brooks will each pay half the costs. -bp.

Deposition taken: no date.

DEPOSITION: JOHN CALE.

My age is 76. [Residence] Fifth District of Jackson Co. TN.

I have been Justice of the Peace and Notary Public. Am Notary Public now. I was Chairman of the County Court.

/s/ John Cale

DEPOSITION: J. M. WILLIAMSON.

I am 71 years old. [Residence] 5th Civil District of Jackson Co. I was Justice of the Peace here two or three times, and School Commissioner.

/s/ J. M. Williamson

DEPOSITION: JAMES HARGIS.

My age 78 years. I live in Granville. I am one of the defendants.

Quest. State whether or not the history of Capt. Trousdale's family was that of a long life people?

Ans. Well, so far as I knew of them, they were. His father and his grandfather lived to be very old I know.

/s/ J. R. Hargis

DEPOSITION: G. R. MADDUX.

I am 69 years old, soon to be 70. [Residence] near Granville, in the 5th District.

Well, I don't remember just when, but I was Sheriff one term, Deputy Sheriff, Constable and Justice of the Peace.

Quest. When did you move to your present location, and where from?

Ans. I moved there 21 years ago. Moved from Flynn's creek.

/s/ G. R. Maddux

DEPOSITION: W. T. KING.

I was born in 1856, Dec. 25. I live in the 5th District of Jackson Co. I am a farmer.

. . . [Mary Maxwell's son, W. D. Maxwell] was always a great robust ugly fellow.

/s/ W. T. King

DEPOSITION: A. H MANEAR.

I am 64 years old last March. I live on Martin's creek where I have always lived, in the 5th District. I was Constable in 1884 and 1885, I think.

/s/ A. H. Manear

DEPOSITION: MORGAN DUKE.

I am 50 years old last Jan. [Residence] Granville TN.

People over there had her [Mary Maxwell] around when children were born.

Quest. Did she or not practice mid-wifery?

Ans. Yes Sir.

/s/ A. M. Duke

DEPOSITION: SID DICKENS.

I am 47 years old. I live on John Bush's farm in the 5th District of Jackson Co.

/s/ S. S. Dickens

DEPOSITION: JOHN C. CLEMENTS.

I will be 49 the 10th of Dec. I live in Brook Bend about one mile from Granville.

/s/ J. C. Clemans

DEPOSITION: T. K. HOLLEMAN.

I was born in 1835. [Residence] on Salt Lick in the 14th District.

. . . she [Mary Maxwell] is my own born cousin.

/s/ T. K. Holliman

DEPOSITION: LANE HALFACRE.

I am 56 years old. I live in the 12th District of Jackson Co. Am a farmer.

[Mary Maxwell] is kinfolks of mine. I think she is a second cousin. It came in on the Birdwell side.

Well, one night she [Mary Maxwell] stayed all night down there and her and my sister-in-law slept in a side room, and she raised a conversation, old Aunt Mary did, about Myrtle's having a kid. Myrtle Maxwell is her daughter, and she said they laid it on Tooster Meadows, and she said she believed part of it was Tooster's but she didn't believe all of it was, she said the other part belonged to Bob Medley, one of her sons-in-law.

Quest. Which one of your sisters-in-law was it with you?

Ans. Fannie Petty.

Lane Halfacre (his mark)

DEPOSITION: L. A. VAUGHN.

I am going on 82 years old. I live in the 12th District of Jackson Co.

Quest. Do you know the complainant Mary Maxwell, if so, how long have you known her?

Ans. Well, I saw her at Granville, if my memory serves me right, in '64, in August. I was a soldier there then.

Quest. Are you related to her?

Ans. Nothing more than she married my first cousin.

Quest. How old was Mrs. Maxwell when you first saw her?

Ans. Well Sir, I saw her in '64, she was about 13 or 14 years old, she was just about grown.

Quest. Where about in Granville was she when you saw her?

Ans. She lived on the road from Granville, about a half mile I reckon, in a little log house down below the road, looked like it might have been built for a school house.

Quest. Who did she live with?

Ans. She lived with her mother, my recollection is.

Quest. Were there any other members of the family living there with her and her mother?

Ans. There was a girl by the name of Tilda, if my memory serves me right.

. . . my father-in-law's, Joshua Bartlett's . . .

[Mary Maxwell's husband] was Constable of the 9th District of Putnam Co. at the time he married her.

I think that this Bill [Mary's son] here has been married twice.

L. A. Vaughn (his mark)

DEPOSITION: J. P. HAMILTON.

I am somewhere in 60 [years old]. I couldn't tell you exactly without I had my Bible. I live in the 12th District of Jackson Co. I am a farmer.

J. P. Hamilton (his mark0

DEPOSITION: J. H. DAVIDSON.

I am 48 years old. Live in the 7th District of this county. Am a farmer.

I have been Justice of the Peace for eleven years, I reckon. Notary Public for going on eight years.

/s/ J. H. Davidson

DEPOSITION: T. M. GAILBREATH.

I am 68 years of age, reside about three miles west of Gainesboro. I am a farmer and lawyer.

I am Justice of the Peace at this time. I was Chairman of the County Court for nine or ten years and served the county twice in the Legislature and County Superintendent for two years.

/s/ T. M. Gailbreath

DEPOSITION: DR. W. A. HARGIS.

I am 47 years old, practice medicine and live at the Hermitage, Davidson Co. TN.

Quest. Did you ever live in and near Granville, this county, if so, how long did you live there?

Ans. All my life up till Oct. 1904.

Quest. From what Medical School do you hold Diplomas, and the date of same, if you remember?

Ans. Vanderbilt University, graduated in March 2, 1892.

Quest. Did you practice medicine in Jackson Co. from the date of your graduation until you left the county?

Ans. Yes Sir.

Quest. You state above that on Feb. 13, 1895, you made a professional call on Ova. Please say who Ova is . . . ?

Ans. She was Mrs. Maxwell's daughter . . .

Quest. What relation are you to the defendants James and Bo Hargis?

Ans. Son of James Hargis and brother of Bo Hargis.

/s/ W. A. Hargis

Deposition taken: 28 Dec. 1891.

DEPOSITION: ELIZABETH GAW.

Aged 66 years.

Quest. State whether or not you are the widow of Andy Gaw, deceased?

Ans. I am.

He [Andy Gaw] died Feb. 18, 1874.

We was married on the 22nd Nov. 1848.

Quest. How long was it after you and he were married before you and he moved upon this place [where she now lives].

Ans. About one year.

I do not know who bought it, whether it was him or his father that bought it from Mr. Gore.

He [Andy] claimed it as his own until he sold it to Sim Maxwell.

. . . [Andy Gaw] went into the war.

Quest. Where did your husband die at?

Ans. At his father's old place.

I have the family Record and it shows my oldest child was borned Sept. 29th, 1849.

Elisabeth Gaw (her mark)

Depositions taken: 4 March 1898.

DEPOSITION: W. A. POSTEN.

Am 59 years old. Residence 6th District, Jackson Co. TN.

[Sim Maxwell] was my uncle.

[Elizabeth Gaw] is dead.

. . . Com Poston's southwest corner.

Quest. Was this your father's corner . . . ?

Ans. It was my father's corner . . .

/s/ W. A. Poston

DEPOSITION: D. C. POSTEN.

I will be 61 the 12th day of April next; I reside in the 6th District of Jackson Co. TN.

Have known the land [in dispute] ever since I was a boy.

/s/ D. C. Poston

DEPOSITION: JOSEPH H. LYNN.

Am going on 68 years old. 6th District Jackson Co. is my residence . . . I have held Justice of the Peace office, Constable and Deputy Sheriff six years.

/s/ J. H. Lynn

Depositions taken: no date, probably 17 Sept. 1892.

DEPOSITION: GALE BERRY.

/s/ Gale Berry

DEPOSITION: THOMAS PHILLIPS.

55 years of age.

Thomas Phillips (his mark)

DEPOSITION: D. C. POSTON.

55 years of age.

/s/ D. C. Poston

Deposition taken: 8 March 1895.

DEPOSITION: ELIJAH JOHNSON.

. . . my blacksmith shop . . .

Quest. Is George Harris living or dead?

Ans. He is dead.

/s/ Elijah Johnson

DEED.

1 Jan. 1897.

Summary: L. J. E. Copland and her husband J. C. Copland, James P. F. Maxwell and wife Mary Maxwell, Martha Morgan, Mary A. Whitaker, W. G. Maxwell and his wife Ova Maxwell and Penelope Johnson and her husband H. H. Johnson sell to Mary C. Gore, for $100, 168 acres known as the Gaw tract of land, in the 6th District of Jackson Co. TN. The boundaries mention John Gaw's corner, crossing Harper's creek, Murphey's line, and crossing the Livingston road.

They say they own this as the heirs of H. S. Maxwell, deceased.

Signatures: L. J. E. Copeland (with mark), J. C. Copeland, James P. Maxwell, M. E. Maxwell (with mark), Mary Whitaker, W. G. Maxwell, Ova Maxwell, Martha Morgan, H. H. Johnson and Nellie Johnson.

Depositions taken: no date.

DEPOSITION: J. C. COPELAND.

Quest. Are you a son-in-law of Mrs. Maxwell?

Ans. I am.

/s/ J. C. Copeland

DEPOSITION: ELIAS GAW.

Quest. What relation are you to the widow Gaw, widow of Andy Gaw?

Ans. She is my niece by marriage.

Elias Gaw (his mark)

DEPOSITION: A. L. MAXWELL.

I am 21 years old.

/s/ A. L. Maxwell

DEPOSITION: G. D. MORGAN.

I am a Doctor. Have been practicing medicine five years.

/s/ G. D. Morgan

DEPOSITION: MRS. MARY C. MAXWELL.

Quest. Are you the widow of Henry S. Maxwell?

Ans. Yes Sir.

/s/ Mary C. Maxwell

THE JOINT AND SEPARATE ANSWER OF M. L. GORE, S. G. Gore, Mrs. I. B. Pickett, J. M. Morgan and wife Pauline Morgan, William Gore, Maurice [Mounce] G. Butler, William Lundy, James Eldridge, Elvira Poteet, Geo. H. Morgan, Daniel Harvey Morgan, Mamie Morgan and Ed Morgan to the Bill of Complaint of Mary C. Gore and her husband Isaac C. Gore.

12 March 1901 [Tennessee Supreme Court].

. . . H. S. Maxwell . . . his death, which occurred on the 6th day of Sept. 1886.

It is true in the fall of 1857 Maurice [Mounce] Gore, Sr., died intestate, leaving William Gore, Mounce L. Gore, Pauline Morgan (not Jane Morgan as erroneously stated in the bill), Samuel Gore, Elvira Poteet and I. B. Pickett his children and heirs at law. Mounce G. Butler, W. B. Butler, Mary A. Morgan who is now dead and died intestate, are grandchildren and heirs at law. Mary A. Morgan left, as stated, surviving her three children, to wit, Daniel Harvey Morgan, Mamie Morgan and Ed Morgan, and Job Morgan is the husband of Pauline Morgan, as stated in the bill.

. . . Mary C. Gore (then [in 1891] Mary C. Maxwell).

Mounce Gore, the ancestor of respondents, except Lundy and Eldridge, held said land under a grant from the State of Tennessee, for 4000 acres to him, Mounce Gore, as assignee of Solomon L. Leonard . . .

Deposition taken: Aug. 1893.

DEPOSITION: GAIL BERRY.

. . . when I came out of the war. . . I came home in 1865 . . .

. . . next to my Mill.

I expect it was 12 or 13 years ago. It was at the time I built my Mill.

It was at the time I was repairing my Mill, about 12 or 13 years ago.

I move to Jackson Co. in 1857 . . . I think I got here on the day before Christmas 1857.

I was in the war. I went into the Army 16th day of April 1862. That is what my discharge says. I was discharged April the 10th [or 16th] 1865. That is what my discharge shows, again.

/s/ Gale Berry

DEPOSITION: ELLIS CARLISLE.

Ellis Carlisle (his mark)

Depositions taken: 17 Aug. 1893.

DEPOSITION: J. M. MORGAN [defendant].

Mounce Gore had two grants from [Solomon] Leonard--one for 4000 acres and one for 5000 acres. They lie together. The 5000 lies next to Roaring river and the 4000 next to Mill creek. They both go to the Overton Co. line.

/s/ J. M. Morgan

DEPOSITION: S. G. GORE.

Quest. Do you know Wm. Gaw, a son of Elizabeth Gaw . . . ?

Ans. Yes Sir.

Quest. Say whether or not he lives with and supports his mother?

Ans. That's my understanding.

/s/ S. G. Gore

Deposition taken: 17 & 19 Aug. 1893.

DEPOSITION: M. L. GORE.

. . . Mrs. [Elizabeth] Gaw . . . Elias Gaw, her uncle.

/s/ M. L. Gore

Depositions taken: 24 Aug. 1893.

DEPOSITION: JOHN M. BURRIS.

/s/ J. M. Burris

DEPOSITION: WILLIAM LUNDY.

I am 44 years past. I live near Granville.

/s/ W. C. Lunday

DEPOSITION: M. L. GORE.

I am 58 years old. I reside in Jackson Co. My occupation is that of a farmer.

Depositions taken: 26 June 1899.

DEPOSITION: M. L. GORE.

/s/ M. L. Gore

Depositions taken: March 1899.

DEPOSITION: JNO. H. STAFFORD.

I am 51 years old. I am a lawyer. I reside near Gainesboro.

/s/ J. H. Stafford

DEPOSITION: G. B. MURRAY.

/s/ G. B. Murray

DEPOSITION: J. M. MORGAN.

. . . Mrs. Pickett . . . her husband's death in April 1889.

/s/ J. M. Morgan

DEPOSITION: J. J. GORE.

/s/ John J. Gore

Depositions taken: no date.

DEPOSITION: GEORGE H. MORGAN.

I am 57 years old, a lawyer by profession and have been for about 31 years.

/s/ Geo. H. Morgan

DEPOSITION: S. M. TINSLEY.

I am 43 years old and a lawyer by profession.

/s/ S. M. Tinsley

Deposition taken: 12 June 1894.

DEPOSITION: WILLIAM GORE.

I was Clerk [of the County Court of Jackson Co.] before the late war. I was elected in March 1856. I served two or three years and resigned.

/s/ Wm. Gore

Deposition taken: no date.

DEPOSITION: J. M. MORGAN.

/s/ J. M. Morgan

Deposition taken: 4 Feb. 1902 at Nashville, Davidson Co. TN.

DEPOSITION: JAMES TURNEY.

I am Clerk of the Supreme Court at Nashville TN.

. . . former Deputy Clerk of this Court, W. H. Goodpasture . . .

/s/ Jas. Turney

Deposition taken: no date.

DEPOSITION: JOSEPH H. SYMM [?]

I was assessor of the 6th District of Jackson Co. for five years.

I collected [taxes] two years while I was Deputy Sheriff under Camel Morgan and one year before that while I was Constable. I think it was while Temp Birdwell was Trustee.

/s/ Joseph H. Symm [?]

Depositions taken: 26, 27, 28, 29 & 31 July 1893

DEPOSITION: WILLIAM A. POSTEN.

Aged 54 years old.

His [my father's] name was Camel Poston and he was killed the 7th of Jan. 1865.

/s/ W. A. Poston

DEPOSITION: MARY C. MAXWELL.

I am the widow of Sim Maxwell. He died Sept. the 6th, 1886.

Andy Gaw had bought this land from his father and Mr. John Gaw had bought the land of Mr. Gore.

Quest. . . the land which John Gaw sold to his son, Andy Gaw . . .

/s/ Mary C. Maxwell

DEPOSITION: D. C. POSTEN.

I have knowed Mounce Gore ever since a boy until his death, and I have known Sim Maxwell ever since I was a boy up to his death. I have known Andy Gaw and John Gaw ever since I was a boy.

Quest. . . your father's land, to wit, Cam Posten's . . .

Quest. . . your father, Camel Posten . . .

William Lundy lives down near Granville. My understanding is that James Eldridge lives in Kentucky.

Quest. What was your relationship to Sim Maxwell, deceased?

Ans. He was an uncle of mine.

Quest. Was he also an uncle to William Poston, whose deposition has been heretofore given in this case?

Ans. Yes Sir.

/s/ D. C. Poston

DEPOSITION: WILLIAM PHARRIS.

. . . Sim Maxwell and his son Tom Maxwell.

Quest. Are they both dead?

Ans. Yes Sir.

I am a practical surveyor . . .

/s/ W. Pharris

FINAL DECREE.

23 March 1895.

Found in favor of the defendants.

[This is a continuation of the above case, and seems to be mostly records from the TN Supreme Court. -bp].

THE BILL OF COMPLAINT OF CATHERINE MAXWELL in her own right and as Administrator with the will annexed of H. S. Maxwell, deceased, of Overton County against J. C. Copeland and his wife Jane Copeland, J. P. Maxwell, G. D. Morgan, H. J. Bilyer and Jane Bilyer of said county, W. C. Maxwell, Wm. Whitman and his wife Mary and Nellie Maxwell of said county.

Filed 20 June 1887.

Your compt. would respectfully show that H. S. Maxwell, after having made and published his last will, died on [blank] day of [blank], 1886, died a resident of Overton Co. TN, that at his death and a long time prior thereto, he was seized and possessed in fee of many acres of land lying in Overton Co. and probably some in Clay and Jackson Co. . . a portion of these lands is described in Grant No. [blank] from the State of Tennessee to Thomas Maxwell for five hundred acres dated the [blank] day of [blank], 18[blank], that another portion of these lands is described in deed from James Maxwell to his son H. S. Maxwell, dated the 10th day of Feb. 1869, also one grant from said State to James Maxwell No. 1020 [there may be more numbers -bp], also one other tract of said land is described in grant from the State of TN to H. S. Maxwell for a thousand acres, dated [blank] day of [blank] and No. [blank]. That another portion is described in deed from Alexander Benden to H. S. Maxwell dated the 14th day of April 1852 for 300 acres more or less. That another portion of these lands lying in Jackson Co. is described in a title bond from M. Gore alias Mounce Gore to H. S. Maxwell dated April 25 1857 and also in survey of said land made by Wm. Pharris April 21, 1874, supposed to be about 160 acres. That another portion of said lands is described in Grant from the State of TN No. 9888 to Cornelius Maxwell dated June 30, 1849 and also in decree of Chancery Court of Overton Co. TN. That another portion of said land is described in a deed from Thos. Maxwell and Letta Maxwell to H. S. Maxwell for 127 acres, dated Jan. 28, 18 [unreadable] and another portion in a deed from George and Vina Reed to H. S. Maxwell. . . A great deal of these lands are wild and unproductive except as to timber.

That on the 10th of Jan. 1886 H. S. Maxwell made and published his last will, which provides as follows: that he devises unto his wife Catherine Maxwell, for and during her natural life, the dwelling house in which he then resided with the lands belonging to said home tract and all other land and all other lands lying west of Gainesboro & Hillham road which may belong to him at the time of his death. He also gives and decrees to his said wife all of his stock of every description, with all his farming implements and tools, to have and to hold during her natural life, also all notes and accounts owned by him.

Second, he devised unto his two sons, James and William, two hundred acres of land, including the dwelling houses where they (now) then resided, to have and to hold during their natural life and to their bodily heirs forever.

Third, he devised to his daughter Jane, wife of Carrol Copeland, one hundred acres of land including the dwelling where she (now) then resided, to have and to hold during her natural life and then to her bodily heirs. Fourth, he devised to his daughter, wife of downer [? the copier seems to have lost his place here -bp], one hundred acres of land including the dwelling where she (now) then resided, to have and to hold during her life, then to her bodily heirs. Fifth, he devised to his daughter Mary, wife of Wm. Whitson, one hundred acres of land including the house where she formerly lived on the Hillham road, to have and to hold during her natural life and then to her bodily heirs. Sixth, he devised to his daughter Nelly 124 acres of land to be set apart for her when she becomes of age, out of the lands willed to his wife, to have and to hold during her natural life, then to her bodily heirs. He also devised to his said wife all his household furniture . . .

. . . the lands which were devised to James Maxwell, Wm. Maxwell, Jane Copeland, Mary Whitson and Martha Morgan . . .

CLERK & MASTER'S REPORT OF SALE.

April Term 1891, Overton Co. TN.

Summary: tracts of land in the Estate of H. S. Maxwell sold on 27 Dec. 1890.

First tract: lying in the 16th District of Jackson Co. TN, containing 160 acres, purchased by Mary C. Maxwell for $100.

Second tract: containing 200 acres, bid on but sale not completed.

Third tract: containing 93 acres, bid on but sale not completed.

Fourth tract: containing 80 acres and lying in the 3rd Civil District of Overton Co., sold to J. C. Copeland for $240.

Fifth tract: containing 20 acres, lying in the 3rd Civil District of Overton Co., sold to Mary C. Maxwell for $30.

Sixth tract: containing 36 acres, lying in the 3rd Civil District of Overton Co., sold to J. W. Poston for $12.

Seventh tract: the reversionary interest in 2000 acres, which is the home tract of H. S. Maxwell, deceased, lying in the 3rd Civil District of Overton Co., sold to Mary C. Maxwell for $2000.

Eighth tract: the reversionary interest in 50 acres in Clay Co., sold to Mary C. Maxwell for $50.

Ninth tract: the reversionary interest in 33 acres in the 3rd Civil District of Overton Co., sold to Mary C. Maxwell for $50.

CLERK & MASTER'S SALE.

April Term 1891, Overton Co. TN.

Summary: tracts of land in the H. S. Maxwell Estate sold on 2 March 1891.

Sold Tract No. 2 of 200 acres in the 3rd Civil District of Overton Co. to Mary C. Maxwell for $600.50.

Sold another tract of 100 acres in the 3rd Civil District of Overton Co. to Mary C. Maxwell for $401.00.

Depositions taken: 15 Sept. 1894.

DEPOSITION: JAMES MAXWELL.

I am a son of Sim Maxwell.

/s/ J. P. Maxwell

DEPOSITION: ALEX HAWKINS.

Alex Hawkins (his mark)

Depositions taken: 14 Aug. 1893.

DEPOSITION: WM. P. HARRIS.

Aged 71 years.

/s/ William P. Harris

DEPOSITION: WM. GORE.

Aged 69 years.

Quest. Are you one of the children and heirs at law of Mounce Gore, deceased?

Ans. Yes.

I surveyed the land near his [H. S. Maxwell's] house, in which he was in law with his uncle, John Maxwell.

/s/ Wm. Gore

Deposition taken: 3 March 1898.

DEPOSITION: THOMAS PHILLIPS.

Aged 58 years.

Thomas Phillips (his mark)

Deposition taken: 12 March 1898 in Overton Co. TN.

DEPOSITION: ELIJAH JOHNSON.

Aged 72 years.

. . . my blacksmith shop . . .

[George Harris] is dead.

Elijah Johnson (his mark)

Deposition taken: 15 March 1898 in Overton Co. TN.

DEPOSITION: J. C. COPELAND.

My age is 46 years and my residence is in the 3rd District of Overton Co. My Post Office is Hillham TN.

/s/ J. C. Copeland

Deposition taken: 16 March 1898 in Overton Co. TN.

DEPOSITION: JAMES P. MAXWELL.

41 years old.

I was acquainted with Sim Maxwell . . . I am his son.

/s/ J. P. Maxwell

Depositions taken: 17 Sept. 1892.

DEPOSITION: GALE BERRY.

62 years of age.

THE BILL OF COMPLAINT OF MARY S. MAXWELL AGAINST WILLIAM H. MAXWELL, both of Jackson Co. TN.

13 April 1892.

Summary: they were married about 22 years ago. Defendant has been physically abusive for the past twenty years. He also is profligate and refuses to provide for her and their children. Their children are Ova, William D., aged 14 years, Luella, aged 9 years and Ida M., aged 3 years. They own, as well as personal property, a tract of land in the 5th Civil District of Jackson Co., bounded by the lands of Beaman Graves, Laton Ferrell, Mollie Bryant and others, where they now live. "Defendant would probably be entitled to a life estate as tenant by the courtesy."

She asks for divorce, all of the personal property, her husband's interest in the land, and custody of the children.

Mary S. Maxwell (her mark)

THE BILL OF COMPLAINT OF SUSIE MAXWELL VS. R. M. MAXWELL, both of Jackson Co. TN.

20 Jan. 1911.

Summary: they were married in Jackson Co. TN about 30 years ago and have lived in the State of Tennessee together ever since, except about four years, when the defendant lived temporarily in California, which was some 18 or 20 years ago. About ten years ago, defendant began to drink excessively, and became more and more verbally and physically abusive. They live with complainant's mother on the farm that belonged to complainant's father before his death. Their only children are two sons who are grown young men, now living in the State of California.

Complainant owns a one fourth interest in the farm they live on, subject to the life estate of her mother, who is a very old lady. This tract of land lies in the 9th Civil District of Jackson Co., bounded on the North by Mary Burris, on the East by Johnie Lynn, on the South by Verna Loftis and her heirs and the West by Joe Loftis. Complainant also owns a lot in Gainesboro.

The Complainant and defendant own Nathan Stone's interest in complainant's father's place, Stone being a grandson of complainant's father. They also own considerable personal property.

Mrs. Maxwell asks for a divorce, that defendant be restrained from coming to their home, and alimony.

/s/ Susie Maxwell

THE AMENDED BILL OF COMPLAINT OF THOMAS MAXWELL of Overton Co. TN against Cornelius Maxwell who has gone to parts unknown, & Nancy Maxwell, George Peak & James Peak of Overton Co. TN.

10 Feb. 1859.

. . . Nancy Maxwell, wife of said non-resident, has filed her bill in your Hon. Court for divorce "a mensa et. thora" and to subject said land to the support and maintenance of said petitioner. Said bill was filed 16 April 1858, since which time said petitioner and her children have been taken upon the land of your orator; that he has been educating her children and supporting and taking care of the family. Your orator further charges that said petitioner has stated to him that she does not want any divorce, and that if there was any prayer for divorce in her said petition, she did not know it, and that she did not want any divorce. Your orator further charges that he has just ascertained that James Peak and George Peak have filed their bill in your Hon. Court, alleging themselves to be creditors of said Cornelius Maxwell and seeking to attach said land and subject the same to the payment of said alleged indebtedness. Your orator charges that he believes the account for which said James Peak filed said bill to be inequitable and unjust, that the same is in the main for the support of the said Nancy Maxwell and her children, that she is the daughter of said James Peak and her children are his grandchildren, and that complainant in fact furnished said family provisions for their support, which they took with them when they went to the house of said James Peak and which assisted in their support while they were residing on his place.

Depositions taken: 13 June 1860 in Overton Co. TN.

DEPOSITION: NANCY MAXWELL.

Aged 36 years.

I am the wife of Cornelius Maxwell.

I never desired nor do I now desire a divorce from my husband. I understood that my bill was filed in order to secure a portion of my husband's property for me and my children . . .

I live on Thomas Maxwell's land and not far from his residence. The reason I moved there was because I got word from my father, James Peak, that he was not willing for me to live on his land.

I have six children. My brother, George Peak . . .

I move to father's the last of May, three years ago.

I left father's the last of Nov. 1858.

My oldest son is about grown.

My son Alexander . . .

Nancy Maxwell (her mark)

DEPOSITION: ROSANNAH HALE.

Aged 61 years.

I now live on the land in controversy.

[She rents it from Thomas Maxwell. -bp].

Rosanah Hale (her mark)

DEPOSITION: JANE LAUGHERTY.

Aged 51 or 52 years.

I lived on the land [in controversy] about five years . . . up to the time Mrs. Hale moved in. I rented it of Thomas Maxwell . . .

James Maxwell is the son of complainant Thomas Maxwell. James Maxwell was not married at that time. He has gone from this country [area]. He is in Oregon, or was some time past. I heard a letter read from him.

Jane Laugherty (her mark)

DEPOSITION: WILLIAM DICKERSON.

Aged 54 years.

I have lived on the land in controversy. I moved on the land, as I now think, in the year 1846 or about that time. I lived seven years on the farm. [He rented it. bp].

Wm. Dickerson (his mark)

THE BILL OF COMPLAINT OF THOMAS MAXWELL of Overton Co. TN against Cornelius Maxwell, who has gone to parts unknown.

17 Dec. 1858.

. . . said Cornelius Maxwell was the owner of two tracts of land lying in Jackson Co. TN, District No. 9, containing by estimation 76 acres, more or less. The deed therefor from Alfred Linn . . . bounded . . . bank of Roaring River . . . the line of the original tract, formerly owned by James Stuart, granted to Elijah Chism by patent No. 2554, dated 27 Sept. 1810 . . . soon after the execution of said deed, within the year 1856, he bought said land from said Cornelius Maxwell, his son . . . He charges that his son Cornelius is insolvent . . . and that he has had heavy liabilities to settle for him . . .

DECREE.

1 June 1860, Overton Co. TN Chancery Court.

. . . defendant C. Maxwell is indebted to the complainant C. Lea in the sum of $1424.24 . . . due from defendant C. Maxwell to complainant George W. Gore [?] the sum of $1263.52. That there is due from the defendant C. Maxwell to complainant Lanier Phillips the sum of $125.80. That there is due from defendant C. Maxwell to Thomas Maxwell the sum of $787.16.

. . . the Clerk and Master of this Court proceeded . . . on the first day of July 1858 to sell the lands set forth in the pleadings . . . when Canada Lea became the purchaser of the tract of land whereon defendant C. Maxwell formerly lived, adjoining the lands of Elihu Wells, Zerch [?] McCormack and others.

The Clerk and Master also sold . . . on the 2nd day of July 1858 the tract of land of 5000 acres described in the bill of Thomas Maxwell, lying in Overton and Jackson counties, when Thomas Maxwell became the purchaser at the price of $50 . . .

Deposition taken: 1 June 1860, Overton Co. TN.

DEPOSITION: ERASMUS L. GARDENHIRE.

/s/ E. L. Gardenhire

DEED.

24 Sept. 1846.

Summary: Alfred Linn sells to Cornelius Maxwell for $300 a tract of land in Jackson Co. TN, District No. 9, containing about 76 acres. [Description as in the Bill of Complaint of Thomas Maxwell, above. bp].

/s/ Alfred Linn

Deposition taken: Feb. 1883 at Versailles, Morgan Co., Missouri.

DEPOSITION: JAMES A. SPURLOCK.

I reside in Versailles, Morgan Co. MO. My vocation is attorney at law. My age is 57 years.

I resided in Jackson Co. TN from Dec. 1846 to Oct. the 13th 1858. I practiced law and farmed some.

I left for Missouri on the 13th of Oct. 1858.

I filed a petition to sell the lands of Mary S. Burgess, now Mary S. Maxwell, in the County Court of Jackson Co. TN. I was her Guardian and petitioned to sell the lands, about 40 acres, lying near Granville, Jackson Co. TN, for the education and support of my said ward, who was then an infant of tender age.

Money arising from the sale of said lands was paid to Mary S. Burgess for her education and maintenance, not to her, but to her parents, as she was too young.

The interest only amounted to about $15 per year from the fact that Josiah Burgess and Mary F. Burgess were indebted when they transferred the land to my ward.

Her [Mary S. Burgess's] father was old and crippled and her mother near sighted and weakly and could not make their support. So when they wanted provisions, money or clothing, they would borrow horses and all then come to my house and remain till I supplied their wants, which were quite visible.

Mary S. Burgess was a mere infant when I was appointed her Guardian. Her father was quite old and crippled so badly he went on crutches and her mother was weakly and so near sighted as not to be able to work much and they had no means of support except the lands they conveyed to Mary S. Burgess, their daughter, and the mother always claimed the land and proceeds after sale as her own.

Mary F. Burgess, mother of my ward . . .

/s/ James A. Spurlock

Depositions taken: 21 Nov. 1881.

DEPOSITION: J. R. WALLACE.

Aged about 61 years.

I live in the 12th District of Putnam Co. in the waters of Little Indian creek.

/s/ James R. Wallace

DEPOSITION: JOHN SHEPHERD. [Smith Co.].

Aged 32 years.

/s/ J. A. Shepherd

DEPOSITION: HENRY B. MC DONALD. [Putnam Co.].

Aged 32 years.

I have known said lands all my life.

/s/ H. B. McDonald

DEPOSITION: BRICE TROUSDALE.

Aged 27 years.

I live on said lands now [now occupied by Wm. Trousdale and S. K. McDonald, known as the old John Holleman lands]. I was born and raised there . . .

/s/ B. C. Trousdale

DEPOSITION: J. P. KENT.

About 54 years old.

/s/ J. P. Kent

DEPOSITION: L. D. FERRELL.

Age 31 years.

I have known the lands all my life. I live in one mile of the place and have all my life.

/s/ L. D. Ferrell

DEPOSITION: T. S. BIRDWELL.

Aged about 53 years.

/s/ T. S. Birdwell

DEPOSITION: J. J. MC DONALD.

Aged about 40 years.

I have known said lands all my life.

I have lived on adjoining farm a part of the time and a part of the time on this land.

/s/ J. J. McDonald

TENNESSE SUPREME COURT OF ERRORS AND APPEALS.

8 Jan. 1887.

. . . there is error . . . it is decreed by the Court that the defendant Mary S. recover of the complainants the said 6 1/2 acres as well as that recovered by her in the decree of the Chancery Court . . . being the lot laid off and assigned to Mary F. Burgess in the partition of the land of her father, John Holman [Holliman], deceased, containing 37 3/4 acres . . .

Depositions taken: 26 Jan. 1883.

DEPOSITION: A. A. DUKE.

I am over 50 years of age. Live in Jackson Co. TN.

Quest. What relation are you to defendant [King] McDonald?

Ans. McDonald married a cousin of mine, and I am his son-in-law.

/s/ A. A. Duke

DEPOSITION: W. P. HOLMES.

I am 26 years old and live in Jackson County.

I have been farming ever since I was large enough, and cultivated rented land all the time.

W. P. Holmes (his mark)

DEPOSITION: W. N. MAXWELL [defendant].

42 years of age.

[Buck Roberts] is now dead.

/s/ Wm. N. Maxwell

DEPOSITION: THOS. K. HOLLEMAN.

48 years old.

Quest. Do you remember what year the complainants took possession of this land?

Ans. I am not positive whether it was in 1849 or 50, but one of those years.

Quest. What relation are you, if any, to defendants?

Ans. We are cousins, brother and sister's children.

I have lived on the land and have lived near it all my life . . .

/s/ T. K. Holliman

DEPOSITION: J. G. HOLLAMON.

38 years old.

/s/ J. G. Holleman

DEPOSITION: JAMES OAKS.

I will be 20 in July and live on S. R. Holleman's land near Granville.

James Oaks (his mark)

Deposition taken: 21 Dec. 1882.

DEPOSITION: THOMAS HOLLIMAN.

Age 47.

Quest. Are you a son of Joel Holliman who was a son of John Holliman of Jackson Co.?

Ans. Yes Sir.

Quest. Is your father dead?

Ans. Yes Sir. I think he died in Feb. 1860.

I live about two miles from the land asked of. I lived on the John Holliman land from the time I was born 1835 until 1848 we left the place. We then moved where I now live and with the exception of five or six years, have been there all the time.

. . . Aunt Aggie Holleman . . .

/s/ T. K. Holleman

Deposition taken: 22 Dec. 1882.

DEPOSITION: GEORGE R. HOLLEMAN.

Age 67.

[In my former deposition] I mean that Mary F. Burgis [Burgess] got the land and not Mary S. Maxwell. Mary S. Maxwell was not born at the time the land was divided. Her mother was not married at that time.

He mentions a graveyard on the land that was divided -bp.

. . . Samuel Jones . . . is dead.

There was a turn row in the bottom between Aggie and Polly's land. Polly is the one known as Mary F.

/s/ G. R. Holliman.

Depositions taken: 21 Dec. 1882.

DEPOSITION: J. J. MC DONNEL [MC DONALD].

Age 40 years.

King McDonnell [McDonald] is my father and W. C. Trousdale is my brother-in-law. He married my sister.

Brice Trousdale is a son of W. C. Trousdale and a grandson of King McDonnell.

H. B. McDonnell [McDonald] is a son of King McDonnell and a brother-in-law of W. C. Trousdale.

John Shepherd is a son-in-law of W. C. Trousdale and married a granddaughter of King McDonnell.

/s/ J. J. McDonald

DEPOSITION: J. R. WALACE.

Age about 62.

Quest. Some of your children and those of complainant McDonald intermarried, did they not?

Ans. Yes Sir. His son married my daughter, his son Henry.

/s/ J. R. Walance [?]

DEPOSITION: H. B. MC DONNELL [MC DONALD].

Quest. You are a son of complainant [King] McDonald and a brother of complainant Trousdale's wife, are you not?

Ans. Yes Sir.

/s/ H. B. McDonald

DEPOSITION: T. S. BIRDWELL.

Age 55 years.

I was [Jackson Co.] Trustee in 1876 & 7 & 8 & 9.

/s/ T. S. Birdwell

Depositions taken: 22 Dec. 1882.

DEPOSITION: J. P. KENT.

Age 55 years.

Quest. Your son married a daughter of the complainant [King] McDonald, did he not?

Ans. Yes Sir.

/s/ J. P. Kent

Deposition taken: 30 Jan. 1883.

DEPOSITION: W. C. TROUSDALE.

62 years old.

/s/ W. C. Trousdale

Deposition taken: 31 Jan. 1883.

DEPOSITION: E. L. JACKSON.

/s/ E. L. Jackson

Deposition taken: 1 Feb. 1883.

DEPOSITION: H. W. WILLIAMS.

/s/ H. W. Williams

THE SEPARATE ANSWER OF GEO. R. HOLLAMAN to the Bill of Complaint of W. C. Trousdale and S. K. McDonell [McDonald].

No date.

Summary: he says he was not guardian of Mary S. Maxwell at the time that the land [belonging to Mary F. Burgess] was sold. Some two or three years after the land was sold he did become her guardian, at the urgent request of the relatives of Mary S., and as such he took charge of her and fed and clothed her and kept her at his house for several years, and furnished her with various articles of sustenance and clothing after she left his house. Only about $60 or $70 of her funds remaining from the land sale came into his hands.

Geo. R. Holleman (his mark)

THE BILL OF COMPLAINT OF KING MC DONAL [MC DONALD] & W. C. TROUSDALE of Jackson County against W. H. Maxwell and his wife Mary S. Maxwell of Putnam County TN and Geo. Holleman of Jackson Co. TN.

21 May 1877.

Your orators most respectfully represent with your Honor that John Holleman died many years ago intestate in Jackson Co. TN, being seized and possessed of a tract of land lying on the North side of Cumberland river in the 15th District of Jackson Co. TN. Said lands were partitioned among his heirs, and the lot that was allotted to Mary F. Burgess, wife of Josiah Burgess, is bounded as follows: by the share allotted to Aga Holleman, Harmon Holleman and the lands of your orator, King McDonald, containing sixty acres more or less. The lands lie on the Cumberland river below Granville TN. There were six shares in all said John Holleman lands and there was 257 acres of the entire tract of land . . .

On the 6th day of Nov. 1849 Mary F. Holliman, who had intermarried with one Josiah Burgess, conveyed said lands to Mary S. Burgess, who is now the wife of defendant Wm. H. Maxwell . . .

[This land was sold and] purchased by one Matthew C. Trousdale . . . The defendant Maxwell and wife, seeking to take advantage of the destruction of the records aforesaid [the war and the burning of the Court House], have now a suit against your orators . . . for said lands . . .

Mathew C. Trousdale sold said land to one Berry Bush. Bush sold said land to your orators, to W. C. Trousdale about seven acres and the remainder to King McDonal [McDonald].

REPORT OF SALE.

8 Sept. 1893.

Summary: the lands of W. C. Trousdale were sold. The 47 1/2 acre tract was sold to W. H. Maxwell and his wife Mary for $200, but this, in a later document.

The reversionary or remainder interest in the homestead interest in the homestead assigned to W. C. Trousdale and wife, containing 97 1/2 acres, was sold to W. H. Maxwell and wife Mary S. Maxwell for $1500.

END OF ROLL.