p. 2 the Nessasry[?] Business of the said Spencer A. at the special instance & request of him the said Spencer A. where your orater remained from the year 1832 up to the year 1840- a period of Eight years, for which said Spencer agreed to pay your orater one hundred fifty dollars per annum for his said services that said Spencer A. did not pay your orater any thing for said services but kept your orater off, by assurances that he would arrange the matter before his death or by the disposition of his property to your orater by will or otherwise at his death which he did not. Your orater would show your Honor that said Spencer A. departd [sic] this Life intestate in the county aforesaid in the year 1843. Leaving Hanah B. Moss his widow but no children or the descendants of any children never having had any children. That he left two negroes Hardy & Nancy & a tract of Land of about 167 Acres Lying in the county & state aforesaid in civil district no. 11. together with a small quantity of perishable property, consisting of stock &c that at the May Term 1843 of the Robertson County court your orater qualified as the Administrator of the said Spencer A. & thereafter sold off nearly all the perishable property paid off the debts of the said Spencer which amountd [sic] about $200, Leaving a Ballance [sic] of some $12 in the Hands of your orater which he paid over to the widow of said Spencer A. the said Hanah [smudged] after all this your orater was advised & so believed that it was not necessary for him to procede any further with the administration of the effects of said estate, untill [sic] after the death of the said widow your orater accordingly permitd [sic] the said Hanah [smudged] to keep & use said Land & negroes for & during her Life & having rent the land from said Hanah

     p. 3 B. & paid her the said rent all that he ever owed her; that said Hanah B. also departd [sic] this Life intestate in the county & state aforesaid in the year 1847 & upon whose Estate there is no Administration, your orater would show your Honor that said Hanah B. was a relative of his & being very old & Feble [sic] & there being no demand for the distribution of said Estate of the said Spencer A. Moss Dcd & as your orater supposed he was intiltd [sic] to some portion of the persinolty [sic] of the said Spencer A. her said Husband, & that she very much made the use of said property for her support, he permitd [sic] her as ___ to keep & use it for that purpose only.... intending to have it sold after her death to reimburse your orater for over payments that he had made as the Admr of said Spencer A. & for the work & Labor &c aforesaid, & for distribution amongst the Heirs threto [sic]. But your orater would show your Honor that the said Hanah B. did as your orater is informd [sic] & believes on or about the 13th of August 1845 covey [sic] by deed of Gift, or otherwise to Elizabeth H. Jones the Negroe Nance without any concideraton [sic] other than Love & affection, & that she the said Hanah B. did on or about the 6th day of Feby 1844 covey [sic] to Jno. B. Moss the Negroe Hardy said Jno B. being near dead & Amy his wife & W. W. Moss being his Extr and Executrix, who hold said negroe as the property of the Testator, your orater charges that Both of said conveyances were without concideration [sic], & that they were Fraudulently oblaind [sic obtained] from the said Hanah B. who was very old & imbecil & not capable of transacting businesss. Your orater did not however assent to or agree to or ratify the said conveyances, although solicited so to do [struck through] But on

     p. 4 the contrary object thereto & caused the said Hanah B. to file a Bill in her Lifetime to [smudged] the conveyance to Jno. B. Moss. But which was not finally decided[?] on account of the death of said Hanah B. But your orater did not suppose for a moment that any of said covyances [sic] could affect your orater right But as your orater is (present, struck through) now informed that said coveyances [sic] are a cloud on the title of said Negroes & may injure the sale thereof your orater prays that said coveyans [sic] be set aside & held for nothing & that said 167 Acres of Land & the two Negroes aforesaid be sold by decree of your Honor ..... that the__ attachment may issue to the shiff [sic] [smudged] county commanding him to attach & safely [smudged] said Negroes. As your orater is [blotched] [smudged] ---full that one or Both of said Negroes will [smudged] taken or removed out of the jurisdiction of [smudged] court, your orater also prays for an injuction [smudged] the dispostion thereof in any way –by the defts [smudged] orater prays that an Account be taken between [smudged] & the aforesaid parties, Showing what is justly [smudged] your orater from the Estate of the said Spencer A., that Complainant may be re-[smudged] out of the procedes [sic] of the Land & negroes [smudged] when sold, that said Negroes be [smudged] up to be sold [blotched] the property of the [smudged] Spencer A. de'd that defts account [smudged] &c your orater prays for copy & ? as [smudged] residents in this state & for the injunction & attach [smudged] as aforesaid this being the first [smudged] for the said writs in this [smudged],

     p. 5 for full true & perfect answers from all said Defts to the charges herein continue.
     Let the said (Anthony Jones and wife, struck through) (Elizabeth H. Jones, inserted over strike) state what she paid for said negroe Nance & when the conveyance was made to transfer her & produce it, as well as all other charges in the Bill cartail [sic]. Let the said Amy & W.W. Moss Answer & state what was paid & by whom, when & how paid for the Boy Hardy, & when the conveyance for him was made, & the concideration [sic] thereof & as your orater charges that both of said conveyances were without any concideration [sic], & were fraudulently obtaind [sic] from said Hanah B. in her old age & while she was imbecil & incapable of acting with common discretion, your orater prays an Account as foresaid for work & Labor done & performed & for goods wares & merchandise sold & delivered & for materials [smudged] furnishe [sic], the said Spencer A. in his lifetime & for reimbursement for all moneys paid out as the Adm of said Spencer A. over & above what orater has credit for in the county court in his settlement, of the Estate of said Spencer A. & for general relief & he will as in duty bound ever pray -&c.

State of Tennessee Robertson County}
     This day came James Moss before me to make oath in due form of Law that the matter & things as set forth & stated in the foregoing Bill are true to the best of his knowlge [sic] belief & recollection this 5th day of May 1848.

Sworn to before me the 5th day of May 1848

For the Clerk of the chancery court at Springfield
     Your complainants entering into bond & security - conditioned to pay all such costs & damages as may result from the ___ issuing out of the conveyances and attachments in this case issued writs of injunction and attachments with all prayer process as prayed for in the foregoing Bill. May 6, 1848

Daniel H. Murray & others vs. James Moss & others }
Depositions of
     Taken before me at my office in Springfield March 20th 1852 to be used as evidence in the [sic] of Daniel H. Murray & others vs James Moss & others, now pending in said Chancery Court.
Robert C. Coggin first sworn states, that Hannah B. Moss from reputation was the daughter of Robert Moss of N. Carolina, now Dec'd, and that he has heard her the said Hannah B. & her husband Spencer A. often say that the negroes in dispute came by her, from her father the Said Robert by his will, that he has heard the Said Spencer Moss say that the negroes aforesaid were not his, but belonged to his wife Hannah B., that She had the right to do as she pleased with them, and that the right lay in her, by the will of her father, that he has heard them speake [sic] of the matter together often, and they always said & agreed that the belonged to the said Hannah B. he further states that the Complts [sic] are the nieces & nephews, & the children of such of the said Spencer A. and that the deft [sic] James Moss is the nephew of said Hannah B, that his father Jourden Coggin formerly lived in the same county

     p. 2 in N. Carolina that the said Robert Moss lived & died, he supposes that at the time of filing the bill in this case, the negro girl Nancy was worth about $400 or $450, he further states he heard the old lady Moss say after the death of her husband Spencer A. that the negroes were hers, and that she had a right (do, struck through) to do as she pleased with them & that she had disposed of one of them the boy Hardy, to John B. Moss, and spoke of giving the girl Nancy to Elizabeth Jones, he also states that he has understood from the said Spencer A. & Hannah B. that the title of said negroes was in Hannah B ever since about the year 1830, and he thinks it was so understood generally in the neighborhood.
12 m. 1 day out of the county.

     Mrs. Jane Lucoss next sworn states, that she has heard the deposition of Robert C. Coggin above, and that she concurs, in the same, as to the character of the title of the negroes, and that such has been her understanding for 40 years or more, that she frequently heard her father now dec'd Jordan Coggin say that he was a witness to the will of Robert Moss & that he said the title was vested in the said Hannah B. Moss, by said will.
1 day 11 miles

     p. 3 Mrs. Elizabeth Jones next sworn states that she was in fact reared by said Spencer & Hannah B. that she lived them (samd, struck through) some 8 years and that she has often heard them speak of the negroes & the title thereof and it was invariably as stated (by, struck through) in the depositions of Robert C. Coggin & (Nancy, struck through) Jane Lucoss, and that such has been her understanding from them for upwards of 40 years, & that said negros [sic] are the grand children of Peg who was given by Robert Moss to Hannah B. that her witness s [sic] mother was the sister of said Hanah B., she further states that her grandfather the said Robert, gave witness s mother negroes in the same way, and distributed accordingly, as those given to Hannah B. was said to be given. She also states that she believes that the character of the title to said negroes was generally known in the neighborhood. She also states that she had a convesation [sic] in March 1819, with one John Davidson in Stewart County, Tenn. That he said he was the Clerk of the Court in North Carolina when & where the will of Robert Moss was recorded, that he had read the same and that the negroes were not Spencer A. Moss's, only during his life, but that they belonged to Hannah B. to do as she pleased with. That at the time of sd [sic]

     p. 4 conversation said Davidson was an old man, and that she has not herd [sic] from him for some 10 or 12 years, does not know whether he is living or not, that said Will was recorded in Montgomery County N. Carolina. She states that she came from Montgomery County N. Carolina & that she knows that said John Davidson was Clerk of the Court of that county.
1 day 11 miles

     James Sprouce, next sworn states that he was at the house of Spencer A. Moss a short time before he died & during his last illness, and that the said Hannah B. seemed to be very anxious that he should make a will, but that said Spencer A. remarked that it was not necessary to make a will, that the negroes belonged to the said Hannah B. any how, he further states that the understanding in the neighborhood was & has been for a great while that the negroes came by the said Hannah B. & that they were hers, he suppoes [sic] the boy Hardy was at the filing of the bill worth about $600, he further states that Asa McMurty told him before the filing of this bill that he had purchased the interest of Geo Swift, in the Moss estate.

Received the witness's deposition of John Davidson from the Post master at Springfield July 27th and filed it the same day.

p. 1 State of Tennessee, Dyer County}
     Be it remembered, that in presence of the annexed Commission, to me directed from the Honorable, the Court of Chancery for Robertson County in the State of Tennessee, I have caused to come before me at the house of John Davidson in the County of Dyer in the State of Tennessee on the fifteenth day of July Anno Domini 1850, John Davidson aged Seventyt eight years, a witness in a certain matter of controversy in said Court depending wherein George A. Swift and others are complainants , and James Moss and others are defendants, who being first duly sworn upon the Holy Evangelists of Almighty God to speak the truth, the whole truth, and nothig but the truth—deposeth and saith as follows:

     1st question - Please state if or not you were clerk of the County Court of Montgomery County, North Carolina. If so at what time did you take said office, how long did you hold it and when did you go out of office?
Answer - I was clerk of that Court for many years, but do not remember when I Came into office or went out.

2nd question - Did you as Clerk of the Court aforesaid read and record the Last Will and Testament of Robert Moss, then late of the county and State aforesaid, if so about what time did said Moss die, and at what time was said will admitted to probate as near as you can recollect? Ans - s'd Moss died while I was Clerk of s'd Court and his will was admitted to probate and recorded, but I have no recollection of its Contents it being something like forty years ago.

p. 2 3rd question - Please state if or not the will of the said Robert Moss did not give and secure all that portion of his Estate bequeathed to his daughter Hannah B. Moss wife of Spencer A. Moss late of Robertson County, Tenn. to the sole and separate use of her the said Hannah, free from the debts, contracts, liabilites or control of her said husband, with a remainder over to the children of said Hannah after her death, and for want of such children to the brothers and sisters and the represntatives of such of the said Hannah? Ans - All that I can answer to the above interogatories is that said Hannah Moss Married without her father's (s'd Robert Moss) Consent, but I recollect nothing of the provisions of his Will.

4th question - Please state if or not the Court House and records of Montgomery County, North Carolina, including the will of aforesaid has been burnt up and destroyed by fire since the date of the probate of said will.
Ans - I understood the Court House & Office of aforesaid was burnt up and was done since I left the office and State - it was not burnt before I left.

5th question - State if or not by the provisions of the will of said Robert Moss all the legacies therein given to his daughters were given to them solely and seperately [sic] without the right of dispositon by their husbands?
Ans - I do not know.

And this deponnet further sayeth not.

     p. 3 The foregoing deposition of John Davidson was taken before me Thomas Nash an acting justice of the peace for Dyer County, and State of Tennessee at the place and on the day in the caption mentioned, and was reduced to writing by myself at the request and in the presence of the deponent, the defendant being present by attorney at the taking of the same, and I do certify that I am not agent, attorney or Solicitor for either party and that I am in no way interested in the event of the said suit. Given under my hand and seal the fifteenth day of July A.D. 1850.

The complts by their counsel, except to the reading of the foregoing desposition of Jno Davidson.
1. Because the questions are leading
2. Because a portion of the dep is founded on hearsay.
3. Because it does not appear that it came properly from the commc's[?] hands into this office.

Oct. 7, 1850 for compts
     Exceptions sustained in this disposition.

Oct. 7th 1850
     Defts excepts appeals.