Elijah Eubanks vs Thomas White

Thomas Eubanks vs Thomas & Thomas J. White
Source; Chancery Court Loose Papers for October 1858. File #157.
Contributed by Katherine E. Jordan
© 2008


Elijah Eubank & others
vs.
Thomas & Thomas J. White
Filed 1st October 1858

To the Hon Samuel D Fr???son chancellor presiding at Springfield for Robertson Cty Tenn.
         The bill of complaint of Elijah Eubanks and his two infant children Mary Catherine and an infant F H Eubank named who sue by him their father and next friend citizens of Robertson Cty against Thomas White a citizen of Robertson Cty Tenn and Thomas J. White a citizen of Kentucky.
         Humbly complaining that the complaintants would shew unto your Honaor that a number of year’s since your orator Elijah intermarried with a daughter of this defendant Thomas White and that they have lived together since that time till about two weeks since and his wife departed this life leaving two children the two complainats. Your orator would further shew unto your Honor that April 1, 1851 the deft. Thomas White made a conveyance of a negro woman Ludy aged about nineteen years and her child George aged about 3 yrs to the other defendant Thomas J. White as trustee for your orators wife Mary A.
- - -
         Your orator would shew your Honor that his wife has been dead only about two weeks and the youngest child is only a few days older than that.
         He would further shew your Honor that the trustee and deft Thomas J White has brought an action of _____ for said two negroes and three others _______ Charley, Elmira & William_________.

Head? O. Turner, Sol

State of Tennessee
Sept 20 1858
______ County This day personally appeared Elijah Eubanks
______ this 30th of Sept 1858
To the Client/Clerk & master at Springfield: _____________________
Nathaniel Baxter
Judge


The answer of Thomas White and Thomas J. White to the Bill of Complaint filed vs. them by Elijah Eubank & others in Chauncery at Springfield, Tenn.
         These Respondents, saying and reserving ? for answer state that it is true that complt Elijah intermarried with Deft Thomas’ daughter some years since say in the year 1850, that she died about the time spoken of in the Bill to wit 12th Sept 1858 leaving the 2 children therein named. It is also true that about 1st April 1851, Respt Thomas executed a Deed of Gift to Respt. Thomas J. as trustee for Respt Thomas’ Daughter Mary A Eubank, then the wife of Complt. Elijah _________________. Respt Thomas had all confidence in the integrity of the said Trustee who is his son and was the brother of said Mary A.
____________ Ludy and her children, to wit, George, Charles, Elmira and William

____________So far as Respt Thomas J. residence is concerned it is true that he lives in Ky. some 6 miles from the limits of Robertson County ____________ Respts would further show that Complt Elijah about 1855 removed to Missouri __________ and remained about 2 years
         Said E. Eubank has threatened to give Ludy & children to his children by his 1st wife and Mary A. White being his 2nd wife and son.
Respts. _________ Having fully answered they pray to be dismissed with costs.
Jno. E. Garner, Sol


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