Contributor - Ida Deal at idadeal@aol.com
© September 2002
Note from Ida: I have transcribed the 98 pages of microfilm from Sumner County. For your
records, these transcriptions are from:
Roll #5185
Sumner County Estates
Case 2017-2187
R. P. Estes was appointed administrator on 10/1867. You can find that in Sumner County WB
#4010 and in Sumner County Court minutes 9/285
William Payne SR died intestate in 1861. He had so many notes that were co-signed by his sons
or son-in-laws which is part of the delay in settling his estate.
There are still 50 pages of the microfilmed documents that I did not copy. They were mostly the
shots of the outside of a summons, etc. I read every page to determine if it had data that I felt
was helpful in deciding who our relatives are or something about the farm location.
1868 Order to summons
To the Honorable Chancery Court at Gallatin, Sumner County, Tennessee
The Bill of ____________ R. P. Estis Admin __________________a citizen of Sumner County
TN
vs
George B. Payne and
Prissy Estes wife of the Administrator and citizens of Sumner County Tennessee and R. S. Payne
citizen of Montgomery County, Tennessee and William Payne Jr. a citizen of Williamson County,
Tennessee; William J. Montgomery and a wife Martha citizens of Sumner County, Tennessee and
A. S. Anderson and wife M.M. Anderson citizens of Davidson County, Tennessee.
Your orator would respectfully show the court that William Payne Sr departed this life intestate in
Sumner county some time during the year 1861 leaving all of families mentioned in the caption as
defendants his only heirs at law. At the October Term of the County Court for the County of
Sumner, your orator was appointed and duly qualified as administrator of the estate of said
William Payne Sr decd. Since this appointment as such your orator has_______discharge of the
duties of this office and has done all that he could without the _____ of this Honorable Court.
His intestate died leaving nothing but personal property: ____ ____ were many
_______outstanding against the said William Payne Sr decd.
Your orator would show your Honor that the following claims have been presented against the
estate (to wit) One note in favor of G. F. LUCAS executed some time during the year 1861 for
$___ credited by a payment of $50. One note in favor of SANDY JONES ____ in the same year
which after deducting some credits leaves a balance due of $84.15. An account in favor of
WILLIAM PAYNE JR. made in 1861 with a balance due of $292.45. Also an account in favor of
DR. J. JOYNER for medical services for abut $85.00. Claim in favor of LEE SHUTE for
$157.00. Judgement has been taken on said claim. Judgement in favor of A. J. RUTHERFORD
for $12.00 another Judgement in favor of MACY HAMILTON for $46.45. There was a
Judgement received against R. S. PAYNE in favor of Berry & Demoville and Co for $358.35 and
stayed by the intestate of your orator and our WILLIAM J. MONTGOMERY. Our other
judgement in favor of Esaisa? Davis [Dorris?] for about $24.00 and taxes for $39.60.
Your Orator would further show your Honor that he has entirely exhausted all the personally that
was left by his intestate in the cancellation of the ma_____________ of the estate after which the
above described debts on still unsatisfied said intestate William Payne owned at the time af his
death a tract of land lying partly in Sumner County and partly in Robertson County, Tennessee.
Said land is bounded on the North by the lands of William Jones, Sandy Jones and the Tyree
Springs property.
On the East by the lands of WILLIAM MCMURTRY and others on the South by the lands of
C.M. Cole and others and on the West by the Tyree Spring property containing about Four
hundred and forty acres more or less.
Your Orator ____________of no way by which the indebtedness of the estate can be cancelled
other than by a sale of said real estate herein dis____ and applying the proceeds of the sale thereto
there being no personal property belonging to the estate.
Wherefore in view of these processes Your Orator asks leave to file this Bill in this Honorable
Court making all of the parties mentioned in the Caption defendants thereto.
____ the Clerk issue processes directed to the Sheriff of the various counties where the
defendants reside so they will be brought before the Court to answer this Bill and when the cause
is heard before your Honor by ___, ___ a sale of the land above referred to to lay the debts of the
estate;
Grant all other relief & C
(signed) J. W. Head & Son
Sols for Complt
I acknowledge myself s____ for _____
June? 30th 1868 (signed) J. W. Head
Summons March 1868, family members
STATE OF TENNESSEE--SUMNER COUNTY
TO THE SHERIFF OF SUMNER COUNTY--Greeting
We command you to summon...
George B. Payne and
Prissey Estes wife of R. P. Estis
William J. Montgomery and wife, Martha Montgomery
all citizens of Sumner County, Tennessee
if to be found in your County, to appear before the Chancellor of the Chancery Court at Gallatin,
at the next Court to be held at the Court House in Gallatin, on the First Monday in September
next, then and there to answer the Bill of complaint of ....
R. P. Estis
and further to do and receive what our said Court shall consider in that behalf; and this you shall
in no wise omit, under the penalty prescribed by law. Herein fail not, and have you then and there
this Writ.
Witness, J. R. BARRY, Clerk and Master of the said Chancery Court at office in the Court
House, at the Town of Gallatin, this Second Monday in March 1868 and 92 year of American
Independence.
(signed) J. R.
Barry
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STATE OF TENNESSEE
To the Sheriff of Davidson County--Greeting:
We Command you to Summon as here to fore
R. S. Anderson and wife M. M. Anderson
if to be found in your County, to appear before the Chancellor of the Chancery Court at Gallatin
at the next Court to be held in sumner County on the 3rd Monday in March next,then and there to
answer th Bill of Complaint of
R. P. Estis, Admr of
William Payne Decd
and further to do and receive what our said Court shall consider in that behalf and this you shall in
no wise omit, under the penalty prescribed in law. Herein fail not, and have you then and there
this writ.
Witness, J. R. Barry, Clerk and Master of our said Chancery Court, at Office, in the Court House,
this first Monday in September 1869 and 93d of American Independence
(signed) J. R. Barry, Clerk and Master
pr D. B. Anderson DC&M
(added at bottom: process to Sumner Co July 28th 68)
#############################################
STATE OF TENNESSEE--SUMNER COUNTY
To the Sheriff of Montgomery County--Greetings
We command you to summon
R. S. Payne
if to be found in your County, to appear before the Chancellor of the Chancery Court at Gallatin,
at the next Court, to be held at the Court House in Gallatin, on the First Monday in September
next, then and there to answer the Bill of complaint of R. P. Estis, Administrator of William Payne
decd and further to do and received what our said Court shall consider in that behalf; and this you
shall in no wise omit, under the penalty prescribed by law. Herein fail not, and have you then and
there this Writ.
Witnes J. R. Barry, Clerk and Master of the said Chancery Court at office in the Court House at
the Town of Gallatin this Second Monday in March 1868 and 92 year of American
Independence
(signed) J. R.
Barry
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STATE OF TENNESSEE--Sumner County
To the Sheriff of Williamson County--Greeting
We command you to summon
William Payne Jr
if he be found in your county of appear before the Chancellor of the Chancery Court at Gallatin,
at the next Court to be held at the Court House in Gallatin, on the First Monday in September
next, then and there to answer the Bill of complaint of
R. P. Estis, Administrator of William Payne Sr. decd
and further to do and receive what our said Court shall consider in that behalf; and this you shall
in no wise omit, under the penalty prescribed by law. Herein fail not, and have you then and there
this Writ.
Witness J. R. Barry, Clerk and Master of the Chancery Court at office in the Court House at the
Town of Gallatin this Second Monday in March 1868 and 92nd year of American
Independence.
(signed) J. R.
Barry
Payne Court Case: March 1869
R. P. Estes Admin
vs
William Payne Sr. decd
F. A. TAYLOR being as lawful agent sworn says: I was acquainted with Wm Payne Sr. during
his lifetime. He died during the war. He owned at the time of his death a tract of land in Sumner
County near Tyree Springs considerable fair ridge land. This was all the property he owned at the
time of his death. He owned then no personal property. The understanding is that he left a great
many debts unpaid and do not think the land will pay all the debts. I think the most advantageous
sale could be made by giving time, say one and two years.
Sworn to before me
signed F. A. Taylor
March 23rd 1869
J. R. Barry C & M
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SAMUEL McKAIN being next sworn says: I live in Sumner Co and 6 miles from Tyree Springs.
Was well acquainted with William Payne Sr. during his lifetime. He died leaving a tract of land in
this Co which was not very valuable. This was all. He left about 6 children and in the way of
personal property did not have any thing like what the law? exempted? There is no personal
property now of the estate and the land is all that is left of the estate. I acted as depty shrff from
1858 until the war stopped all business and have been constable twice. I know the fact that the
estate is largly in debt which indebtedness is composed of his son? liability and as surety. I have
about $1200 worth of debts in my hands against his estate. There is nothing except the land to
satisfy the debts. The largest debt I have is the estate is about $500 going to Berry & Demoville
of Nashville. Lee Shute with interest something over $200? Macey & Hamilton in Judgement
from $75 - 100 and some other served debts going Esiah Dorris $30 w Judge bal on Judg in favor
of Wm Lucas for $10 or 12. John Kizers estate in Judg for $40 about that all in Judgements.
Land would sell most advantageously upon a credit of 12 & 18 months worth about $5.00 per
acre.
Sworn to before me signed S. McKain
March 23 1869
J. R. Barry C & M
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R. P. Estes admin
vs
William Payne Jr.(sic) and others
In its cause and would the same having been referred to me after having taken the depositons of
F. A. Taylor and Samuel McKain, I would report that William Payne Sr. Decd died leaving little
or no personal property, nothing in the way of assets that mas? note exempt by law and now there
is no assets I would further report that there are many debts outstanding against said estate--due
and unpaid and that there is no property of the estate out of which said debts can be satisfied,
except a tract of land owned by said Payne at the time of his death. It will be necessary to sell the
entire tract of land situated near Tyree Springs partly in Sumner County and partly in Robertson
Co., and then there will hardly be sufficient funds to cancel the whole indebtedness of the
estate.
All of which is respectfully submitted.
signed J. B. Berry C & M
Clerk & Master
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R.P. Estes Admin
vs
William Payne Jr.(sic) Decd (Def?)
Be it remembered that this cause came on again for hearing on this the 27 day of March 1869
before the Honl Thomas Barry Chancellor etc upon the pleadings and proof in the cause and upon
the Report of the C & M which report is in the words and figures following, to wit (Herew???)
which being unexcepted to is in all things confirmed. It is thereupon ordered adjudged and
decreed by the court that the C & M after giving the notice requird by law expose the came to
public sale requiring 1/3 of the purchase money to be paid cash and the balance in 6 & 12 months
the purchaser will be required to give execute his notes with good security and a lien retained until
all the purchase money is paid.
Survey and Plat, July 1869
____(can't read first line)_____at Gallatin I proceeded to survey and map the land in the case of
R. P. ESTIS admin vs William Paynes heirs lying on the Louisville and Nashville Pike and
Sumner and Robertson Counties below Tyree Springs. For the whole survey containing 474 acres
deference is made to the enclosed map. The field notes of the division line and that part bought
by J. V. JONES, lying in Robertson County, and that bought by WETMORE lying in Sumner
Counts are only given. The tract____ by J. V. JONES begins at the center of the Pike in the
county line...to Howard's Corner...to the center of the Pike...with the Pike to the
beginning...containing 130 acres. The part bought by WETMORE lying in Sumner County begins
at the center of the Pike in the County Line near the orchard..Thence to the center of the Pike;
Thence with the Pike .
[NOTE: the drawing of the plat is by G. W. Griffin, Surveyor]
State of Tennessee
Sumner County
I certify that this a a correctly drawn map of the land surveyed in the case of R. P. Estes
Administrator vs William Paynes heirs lying on the Louisville Pike in Sumner and Robertson
County drawn to a scale of 50 poles to the inch.
July 20th 1869
(signed) G.W.O. Griffin
Surveyor S??.C.
[NOTE: outside the folded plat reads:
Surveyors Return
R. P. Estes Admin
vs
William Payne's heirs
474 acres
J.V.Jones 130 acres and 5 poles
Wetmore 443.acres 8??, 35 poles
Chain carriers
Martin Pabb
Sandy Jones
Surveyor's fee $15.00
3 September 1869
To the Honl Chancellor of Smith Chancellery and holding the Chancery Court at Gallatin
Your Petitioner W. J. Montgomery a citizen of Sumner county, would respectfully show your
Honor that in the case of R. J. Estis admin etc vs William Payne Jr etc, a decree was pronounced
by this Honl Court ordering a sale of the land mentioned and described in the pleadings in said
cause. This was at its June Term 1869. The Bill was filed for the purpose of having said land
sold to pay debts outstanding against the estate. In persuance of said decree the C & M
advertised said lands and offered the same for public sale at the Court House door in Gallatin on
the 7th day of June 1869. That portion of the land called the Home tract together with an orchard
situated on the Robertson County side belonging to said tract was bid in at the sale by W. W.
Wetmore at $2.10 per acre. Petitioner is informed that said Wetmore has transferred his bid to
William Payne Jr. and in consideration of this the said Payne gave said Wetmore $50 or $75. The
balance of the land situated in Robertson County was struck off to J. V. Jones at $1.90 per acre.
This home place contains 358-3/4 acres. The other contains 130 acres. Petitioner is informed
that the purchasers have complied with the terms of sale. Your Petitioner would further show
Your Honor that said home tract is worth some $8.00 or $10.00 per acre. And the other is worth
equally as much if not more. And at any time, any part or all of said lands would sell for $5 per
acre. Petitioner would further show your Honor that the estate of William Payne decd to which
the property aforesaid belonged is largely in debt and is insolvent. The adms has suggested its
insolvency in the County Court of Sumner County. Petitioner would further show your Honor
that he is bound as security on a larger portion the debts now due and outstanding against the
estate of said Payne. In fact, he is security on almost every one. The admins has exhausted what
little personal assets there were belonging to the Estate in the payment of the indebtedness of said
estate. But that did not amount to much. And there is no other property of the estate now to pay
said debts other than the land before described. Petitioner would further show that he was not at
said sale of the C & M his family were too unwell for him to leave them. He was informed by the
adms some time previous to the day of sale that in the decree for the sale aforesaid there was a
minimum price fixed upon the lands and that the minimum price was $5.00. Petitioner thought
that in view of the scarcity of money that if a sale was made at the price of $5.00 per acre it would
be better for it to stand. Since the sale, however, Petitioner has ascertained that there was no
minimum price on the lands aforesaid, and if he had known at the time of or before the sale,
although he could not have left his wife family yet he would have had someone at the sale to
represent him and bid on the same. If said sale is confirmed by the court, the estate will hardly
pay 10% on the dollar and as Security Petitioner will be bound to pay the balance. Petitioner
would further show that on the day of sale that the parties who purchased the land came to
Gallatin prepared to bid as high as $5.00 per acre for the land but there being no minimum on the
land and no one to bid against them the land was struck off to them on the only bid made on the
land. Your Petitioner is satisfied that upon a resale the land will bring at least $5.00 per acre
which would amount in all to the sum of $2440 and some cents. The two tracts __?equally sold
for $990.38. The Court will see that it sold for $1449.62 less than what it could be sold for at any
time and what it would have brought on the 7th of June 1869 had it not of been for the
misunderstanding aforesaid. Petitioner would show that he is perfectly willing to pay the sum of
$5.00 per acre for said lands but is not prepared owing to the present condition of his financial
arrangements to comply with the terms now fixed for the sale of the land but if the Court would
so change the terms as to give him more time he would give the above price for the land. And
thus save him-self from paying a large amount of security money for Payne's estate. The said
William Payne Jr. to whom the Home tract aforesaid was transferred is an heir to the said estate
he being a son of William Payne decd. Petitioner would further state that said property is valuable
the land is generally good, better than is generally found in that locality. There is a fine orchard
on the same, containing about one thousand fruit bearing trees and all of good selection.
Petitioner is informed that William Payne Sr. decd was at one time offered $50 per acre for the
land on which orchard is located. The land is situated about five miles from a Rail Road with
good roads leading to the place. Is situated on the turn pike road leading from Nashville to
Louisville. Is well watered and lumbered. Both tracts or parcels have improvements on them.
The houses on both places are good comfortable and convenient buildings. There are all
necessary buildings on them etc. It is near Tyree Springs. Petitioner is willing to make the land
bring $1200 and hire lenders? bond with security for that purpose. As to the value of the lands the
affadavit of R.P. Estes and J. R. Hutchinson, John Glendening are here referred to marked as Exs
A, B, C and made part of this petition.
____ ______ considered Petitioner asks ____ to file this petition in case of R. P. Estis adms vs
Payne et al and asks that the biddings on said lands be reopened at $1200. Grant such other
special and general relief as Petitioner may be entitled to etc.
(signed) Jno W. Head & Son Sols?
State of Tennessee
Sumner County
Came before me Jno R. Barry C & M, W. J. Montgomery and made oath that the facts and
allegations on the foregoing petition are true to the best of his knowledge, information and
belief--Sept 3rd 1869 (signed) W. J. Montgomery
Sworn to and subscribed before me this Sept 3rd 1869
(signed) J. R. Barry C&M
(in margin) Filed Sept 9th 1871
(signed) J. R. Barry C&M
8 Sept 1869 Payne court case
The Joint and separate answer of J. V. Jones and G. B. Payne to the petition of W. J.
Montgomery filed against them in the Sumner Chancery Court in the case of R. P. Estes adm vs
William Payne.
The respondents saving and reserving the right of ________and they do ____upon the grounds
that said petitioner does not show any facts or circumstances why the sales should be sit aside, no
fraud, collusion or unfair ________ as alleged and no ground is stated by said petitioner for
relief.
The respondents answer and say that the debts he says he was the security for are not the debts
properly of William Payne Sr. but were the debts of his son Robert Payne, a son of William Payne
Sr and they ___ upon information and belief that he was bound for any debts of William Payne Sr
but he is simply bound as ____ security for Robert Payne and William Payne was the security of
Robert Payne and as said W. J. Montgomery _______ the debts for Robert Payne or without any
authority from William Sr. is ___ bound any way for said debts.
It is true that the land was sold at public sale by the C&M at Gallatin Tenn June 7 1869 at the
Court House door and there was a very large crowd present as it was county court day and there
was a large number of sales of lands made that day by the C&M J. R. Berry.
The lands were sold as ___ out in the ____ of the bill? made to the terms of the court and they
have fully complyed with the terms of the sale and they ask for a confirmation of the _____of the
C&M made in said _____ of R.P. Estes adm vs Wiliam Payne et al.
The respondents answer and say that it is untrue as charged that they bid it off at one bid for in
fact there were a large number of bids on both tracts as they will be able to fully show, by
proof.
The ____ in the____ was _____ and read at the time of the sale and the terms of the sale were
fully made known to the crowd and it was announced that there was no minimum on the same and
there was no fraud or _______ in the ___and sale was fairly and legally conducted and they are
_______to a confirmation of the same.
Respondents deny that the land is worth the amounts claimed by the petitioner and that said land
brought a fair price.
The respondents G. B. Payne says that W. Payne's wife who has an estate gave Wetmore
$50.00cts for his bid and same Wetmore is a sharp, shrewd man and largely engages in real estate
transactions and if the land had been a great bargain he would not have agreed to have given up
his bid at $50.00cts.
The respondents suppose it true that the petitioner was not at the sale but he had full ______ of
the same.
A ____ says previous to the sale respondent William Payne and one Sandy Jones went to see said
W. J. Montgomery about said land and purchasing the same ____ in the conversation he said he
thought it would not bring more than $5.00.00cts.
The answer that his family was sick cannot excuse him or effect his rights as he could have
employed some one to have bid for him and thus rights are not be be thus effected.
The ____ in said _____ was pro_______ at the March Term 1868 and was a _____ of _______
_________ and the said _____________ was open to his inspection and if he failed to examine
them it was his misfortune and ______ rights are not to be in any way affected by his ignorance or
carelessness. It is very strange that the petitioner or any one could have misunderstood that there
was a minimum on said land, for the said rule is not usual or legal in the case of involvent
estates.
It is astonishing that if the land is worth as much as he pretends that he has not offered more than
$1200.00cts for the same. It is untrue that if the sale is confirmed it will ony pay some 10cts on
the dollar as they are informed it will pay a larger pro rata.
It is untrue that there is an orchard of some 1000 apple trees on said lands ______ not being more
than 500 trees on the same and they are in very bad condition.
The houses, fences and improvements and lands are in very bad condition and every thing
considered they gave a full and fair price for said places.
They resist? the relief sought and they insist that the sale was regularly and legally conducted and
they fairly and legally purchased the same and without fraud, unfair _______ or collusion they
purchased the same and an _______ to _____ the sale ___________to them and having fully
answered they pray to his honor dismissal.
(signed) Turner S
State of Tennessee
Sumner County
This day came the undersigned parties before me and made oath that the matters and things as
stated in foregoing instrument are true to best of their knowledge, information and belief.
(signed) G. B. Payne and S. V. Jones
Sworn to and subscribed before me
September 8th 1869
(signed) J. R. Berry C&M m Anderson
R. P. Estis Admin
vs
William Payne et als
C&M Report
In this cause I would respectfully report that after giving legal notice I offered the land mentined
in the pleadings at public sale at the Court House door in Gallatin on the 7th day of June 1869.
when the same was struck off as follows--The House Place, together with the orchard on the
Robertson County side was bid in by M. W. Wetmore at $2.10 per acre. The said Wetmore
having transfered his bid to William Payne who settled for the same by paying in cash $231.00 and
executing his two promissary notes for $231.00 each due in six and twelve months with G. B.
Payne and Sandy Jones as his securities. The balance of the land situated in Robertson County ws
struck off to J. V. Jones at $1.90 per acre. He has paid in cash $91.58 and executed his two notes
for $81.58 each due in six and twelve months with Sandy and R. Jones as Securities. I would
further report that since said settlements were made a survey and plat of said lands has been made
and filed and by said survey the Home place contains 358-3/4 acres at $2.10 per acre gives
$743.37. The 1/3 of which is $247.79 and the two notes for same amount which shows that the
said Payne still owes a balance of $16.79 on his purchase of the Home Place. The tract purchased
by Jones contains by said survey 130 which at $1.90 per acre gives $247.00 which shows that the
said Jones has paid $7.66 in excess of the true amount that should have been paid. All of which is
respectfully submitted.
(signed) J. R. Barry C&M
Depositions - Sept 1869
State of Tennessee
Sumner County
Affiant swears that he is well acquainted with the lands of Wm Payne Sr. decd. They being the
same mentioned in W. J. Montgomery's petition live a few distance from them and he is
acquainted with the value of said land. There are good improvements in the lands. They are good
and comfortable--said lands are situated near Tyree Springs in a fine and healthy locality four or
five miles from Edgefield and KY? RR. Said lands are worth--I mean the home place--I should
think is worth $4 and I could safely say is worth $4. The other place is worth and check would
bring $4.00. The lands are as good as any in that portion of the county. There is a fine orchard
on said place as fine fruit as there is anywhere in the county. There are about 470 acres belonging
to said estate. They are situated on the Louisville and Nashville Turn Pike. I am satisfied that
said land could be so divided as to being $5 per acre.
signed John Clendening
J. R. Hutcheson
Sept 6 1869
Sworn to and subscribed before me Sept 6 1869
signed J. R. Barry C & M
pr Anderson Dpt
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W. J. Montgomery
vs Petition
Jones & als
Samuel McKain makes oath that he is acquainted with the lands of Wm Payne decd. They are
situated near Tyree Springs. Said land are good and in a fine healthy locality. The improvements
are good. I think that all the land on the Robertson side is worth $3 per acre and all in Sumner
side is worth $3 and would being said amts. The places are well watered and timbered.
Sept 6 1869
[with NOTE written below]
This affadavit is objected to because not signed and ______
April 20, 1871
J. Turner Atty
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Estes Adm
vs
Payne's Heirs
SANDY JONES being sworn says:
I am acquainted with the Payne place--it had about 120 acres of cultivating land cleared--the
fencing is bad accounts to nothing. The improvements in way of houses are
_______--_________ but in bad repair. I think the house place is worth abut $40 per year rent
and the Rogers place worth about $10. This includes the orchard and all house place about 330
acres.
(signed) Sandy Jones
J.V.JONES being sworn says:
Have heard foregoing statement and here adopt it as my own
signed J.V.Jones
This proof was taken by me on Sept 8, 1869
D.B. Anderson
D C & M
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R. P. Estes, Admin
vs
William Payne's Heirs
Deposition of R. P. Estes who being sworn says:
I am administrator of William Payne deceased--am acquainted with the lands owned by deceased
which I have rented out as follows: I rented the whole tract and tenements in 1868 to G. B.
Payne for one hundred dollars and the said G. B. Payne I know rented two tenements that is on
the tract for $25.00 each. The homestead contains the following improvements to wid: Dwelling
with seven rooms, kitchen and outhouses and carriage house and stables sufficient to stable 16
horses and also a house in the yard containing two rooms and hall with chimney? The houses
need repairing to some extent. a mill house and tread wheel once used as a horse saw mill and an
orchard containing one thousand bearing fruit trees of select fruit 750 apple trees the remainder
peaches and plums. The tracts contains a tenement in Robertson County containing two rooms
and chimney with an excellent spring suitable to run a large distillery. There is also a tenement on
the tract on the Sumner County side containing two rooms and kitchen. The fence on the place is
not the best but sufficient to keep out the stock of the county.
Quest: What do you think would be a reasonable rent for the home places? What a reasonable
rent for the place in Robertson County--what a reasonable rent for the other place in Sumner
County--State each separately.
Answer: I think I could rent the homestead at public outing at $75 - one hundred dollars a year
and the tenement in Robertson for 25 dollars and the tenament in Sumner for 25 dollars and I
think these amounts would be reasonable rents for the places respectively.
signed R. P. Estes
Sworn to and subscribed before me
Sept 9th 1869
signed J. R. Berry C & M
pr Anderson
15 November 1869
State of Tennessee
Sumner County
I Jesse Cage D.C. of the County Court of said county have this day had a settlement with R. P.
Estes Administrator of William Payne decd and find him in ___ as follows to wit:
To amt ($35.25) L&NRR securities
on 15th May 1868 for which Admins
sold at 75cts on the dollar, $26.43
Int on same to 15th Nov 1867, 2.37
Rent of place 1868, 16.00
$44.80
By Setters? Administration, $ 3.00
Publishing notice administ, 4.50
Tax for 1865, 9.45
Tax receipt 1867, 14.00
Tax receipt 1868, 9.90
Ins on tax receipts paid 1866, 1.81
Ins on amt pd Setters & Publishing
notice administration from Oct 1867, .90
on tax receipts for 2 years, 1.68
on tax receipts for 1 year, .91
Clerks for this settlement, 1.00
$47.15
Amt overpaid by Administrator, $ 2.35
Our note on William Powell for $16.20
which is worthless
All of which is respectfully submitted
the 15th November 1869
(signed) Jessie Cage D.C.
Depositions--1869 or 1871?
GEORGE E. LATIMORE being sworn says---
Quest: How far do you live from the Payne land in controversy and are you well acquainted with
them?
Ans: I live about five miles from the land in controversy and am tolerable well acquainted with
them.
Quest: What is the condition of said lands--give the quality, locality, their improvements--timber,
water etc.
Ans: The lands are not very good quality. They are situated on turnpike road--improvements, on
the outside look very well. Was never on the inside of the houses. I suppose it is well
timbered.
Quest: What were said lands both in Robertson and Sumner Co worth by the acre, taking them
altogether in June 1869?
Ans: I think they were well worth $5.00 per acre.
Quest: What are they worth now?
Ans: I suppose they are still worth $5 per acre.
Quest: Did you at any time sell any lands in that neighborhood. If so, when and which was the
best land, this or the Payne land?
Ans: I sold 120 acres in Aug 1866 at $9.00 per acre--about a mile from the Payne land, and I
don't suppose that my land was any better than the Payne land. There was not a building on my
land--at the time I sold.
Quest: Is land worth as much now as it was in 1866 and was it not worth as much in 1869 as in
1866?
Ans: Yes sir, it was
Quest: Is there not an orchard on the Payne land, what is its size and quality?
Answer: It is a very large orchard and has very fine fruit.
Quest: Did you ever know or hear of any lands in that neighborhood selling for 50 cents per
acre?
Answer: I did not.
Cross examination:
Quest: Do you know the lines of the land in controversy. Have you been over the lands in
controversy or have you simply been along th road?
Answer: I do not know the lines. I have not been all over the lands--have crossed them.
Quest: What was the condition of the fences. Had not the place grown up in briars and
bushes?
Answer: I never noticed the fence. It was the timbered land that I crossed and can't say about the
bushes and briars.
Quest: Had not a saw mill and coopers shop been run on the place for a nubmer of years? And
did not Esq Thornhill run his steam saw mill nearby for many years, and was not all the valuable
timber removed before the sale?
Answer: All I know about the above question is that Buck Payne had a cooper shop there for
awhile and Thornhill did run his mill for a while--I don't know long. I don't know much timber
was cut off--I don't know any thing about Esq Payne in his life time running a cooper shop or saw
mill there.
(signed) George E. Latimer
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F___ A. TAYLOR being sworn deposes? as follows--
Quest: State whether you are acquainted with the Paine lands, near Tyrees Spring in Sumner and
Robertson Counties? How long have you known said lands?
Anse: I am acquainted with the Paine land for 20 years or more.
Quest: State what you think said land's near worth in June 1869 and was 10 per cent cash and the
balance in one to two years credit
Ans: I think it was worth at that $5.00 per acre
Quest: State whether you were called on to value said lands--if so by whom, at what time, who
valued ____ with you? And at what prices did you put them?
Ans: I was. I was called on by Estes the administrator to value said land at the time he was
trying to get an order of sale. Ben Roney and Samuel McCain were called on with me. We
valued the land at $5.00 per acre.
Quest: State whether you were _____as ________? Whether you were _______ and your
statements taken in writing and signed.
Anse: We were _____statements sworn to and signed.
Cross examination
Quest: How far do you live from the land in controversy. Do you know the lines or boundaries
of the same?
Anse: I live about six miles. I do not know the lines.
Quest: Do you know of any sales of lands in that neighborhood in 1869?
Anse: I do not
Quest: Did not Benj Roney live in by in 1869 and did not Col?. McCain live some six miles from
these lands?
Anse: I do not remember where Ben Roney lived in 1869. Col MCCain lived about six miles
from said lands.
Quest: Have you been over these lands lately or simply went along the public road. Are not the
immediate neighbors better acquainted with the lands than any one else or farmers living some six
miles away?
Anse: I have been over the place lately. I don't know that they are.
signed F. A. Taylor
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W. T. MONTGOMERY being duly sworn _____as follows:
Quest: State whether you are the petitioner
Anse: I am
Quest: Did you know of the day of the sale of the land.
Anse: I did
Quest: State why you were not present at the sale.
Anse: My family was sick and I could not leave same and I thought the minimum price was $5.00
per acre and I thought it could not be sold for less. If I had understood the minimum price was
$3.00 per acre I could have tried to have gotten someone to have gone in my place and made the
land bring its value.
Cross examination
Had you examined the ____ in the case or consulted with the Clerk and Master or the Atty of
Estes as to the terms of the ______??
Anse: I did not.
(signed) W. T. Montgomery
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William BLOODWORTH being sworn states as follows:
I am near 65 years of age. I live about a mile and a half from the land in controversy and have
lived there for about eleven or twelve years. I have been all over the Robertson and the Sumner
lands.
Question: State what improvements there are on the land in Sumner Co and what improvements
are on the lands in Robertson County.
Ans: On the land in Sumner there is a frame dwelling which is a large building. There is another
building in the yard which is used for coopers shop and a buggy house situated on the road and a
large spring on the place. On the Robertson side there is also a house, there is just as good a
spring on the Robertson side as ever I saw. There is some 14 or 15 acres of land in the orchard
under fence.
There is all kinds of fruit on the place and good fruit at that. Both the Sumner and Robertson
sides have good timber on them; there is plenty of timber on it in all ordinary purposes. The
orchard generally bears fruit when others fail.
Quest: What were said lands worth on the 7th day of June 1869--taking them altogether
Ans: From the way lands sold and the way people estimated their lands, I think it was worth five
dollars per acre.
Quest: What is the land worth now?
Ans: The same.
Quest: Have you known of any lands selling in that neighborhood in 1869 and 71--if so what did
they sell for?
Ans: Near about this time Mr. Latimore sold some land for $9 per acre. I mean about the time of
the sale of the Paine lands.
Quest: Did you ever know or hear of any land in that neighborhood selling for 50 cents an
acre?
Ans: I never heard of any land selling here for 50 cents per acre.
Quest: Do you know of Sandy Jones selling any land in that vicinity. If so when at what price
and when.
Ans: He sold the White Hill place for $1300.
Quest: Was this land adjoining the Payne land and was it better land than the Payne land??
Ans: It did adjoin the Paine land. The land was no better than the Paine land, the buildings may
have been better.
Quest: What is your best recollection as to the number of acres in the White-Hill tract
Ans: I think there may be 100 acres or 200 acres.
Cross Examination
Quest: State whether you had any conversation with Jones who purchased a part of the land after
the sale about the _______ ____________. If no state what he said.
Ans: I saw Mr. Jones one of the purchasers
a short time after the sale and we had a talk about the petition of Montgomery and he said the
land did not bring its full value.
Quest: State whether you heard B_____ Paine, alias G.B. Paine, say anything about this matter.
State what he said.
Question EXCEPTED to because G. B. Payne is not a purchaser and he has not been
asked a question. (by Turner, atty)
OVERRULED BY C.G. Pruitte, Chancellor
Ans: I met G. B. Payne a few days after the sale and he said that he had given Wetmore $50 back
for his bid and that he thought he could sell or dispose of a part of the land and use the balance of
it as a home.
Cross examination:
Quest: How far did you live from the land?
Ans: I live a mile and a half from the land.
Quest: How far Mr. Latimars land is from there?
Ans: About the same distance--a mile
and a half.
Question: Have you been engaged in the real estate business since the war?
Ans: I have not.
Ques: What kind of timber is now on the land?
Ans: There is all kinds of timber on the land.
Quest: Has not all the valuable poplar and white oak been cut off of the land?
Ans: It has not.
Quest: Did not Wm Payne run a saw mill and coopers shop on the place for a number of years
and also has not Thornhill run a steam saw mill within a mile of it for many years.
Ans: There has been no mill run there to my knowledge by Paine. Thornhill has been running the
steam and saw mill.
Quest: Do you know what the John Cole's lands sold at? or the Irvin lands or the Powell land or
the Stephan Cole lands if ______ ______ _____.
Ans: I do not know nothing about them.
(signed) William Bloodworth
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Mr. E. A. DORRIS being next sworn states:
Quest: How far do you live from the Payne land in controversy--are you well acquainted with
them?
Anse: I live about 2 or 3 miles and was raised about that distance from it.
Quest: What is the quality of each lands--their condition--for buildings, timber, water,
convenience, etc.
Anse: Pretty fair land for that country. There are plenty of buildings and timber plenty of good
water, the turnpike, the tract and the land is as well suited for farming as the other farms in the
neighborhood. It is about six miles from the railroad, the pike runs to the railroad, there is a
splendid orchard on the place with all kinds of fruit.
Quest: Taking all things into consideration what was all of said lands worth in June 1869 per
acre.
Anse: About $5.00 per acre
Quest: What is the land now worth?
Anse: I paid last year $6.00 per acre for land in that neighborhood and I think the Payne lands are
worth equally as much as mine. The orchard on the Payne farm is worth almost as much as my
place.
Quest: What was the condition of the place you purchased as to improvements and timber?
Anse: There were no improvements on my place when I purchased it and about enough timber to
answer my purposes.
Quest: Were you living in the neighborhood on the day of sale in 1869. Was the day of the sale
known to you and was it generally known.?
Anse: I was living in the neighborhood in 1869. I knew nothing of the day of sale. If it was
known it was not talked of. I ran a mill then in that neighborhood--and I see all the neighbors
nearly every week. I saw no printed hand bills of the Clerk of the sale of this land though there
might have been some posted up
Bills of land sales have been frequently posted up there at my mill.
Quest: Is your mill not a public place as much so as any in that neighborhood--and do not officers
and people wishing to give notice to the public and to advertise, post up their notices and bills
there?
Answer: My mill is as public as any in that neighborhood--and officers and people wishing to give
notice to the community do post up bills and notices.
Cross Examination
Quest: Was not the fences and buildings in very bad repair or condition when the land was
sold?
Ans: The fence I think was in bad condition. I have not been in the houses in 10 years but have
been by them several times. The overall appearances was as good as most places in that
neighborhood.
Quest: Have not the valuable timber been cut off including the poplar and white oak?
Ans: There has been a good bit of it cut off. I do not know the _________of the land. I have
just passed the road and have not examined the same. I cannot say whether it has grown up much
in briars.
Quest: Please state if Esq Thornhill and Sandy Jones are not much _____ to ______
_________than you.
Ans: Yes sir, (signed) E.A. Dorris
April 1871 depositions
WILLIAM WEBB witness for petitioner being duly sworn states:
Quest: You will please state whether you were acquainted with the lands in controversy and how
long you have known them?
Answer: I am well acquainted with said lands have known them I suppose some 15 years.
Quest: State whether you _____ tax assessor and assessed those lands. State what year or years
you were assessor.
Answer: I am assessor in that Dist for this year (1871) and assessed said land in controversy at $4
per acre. I think that was the amount I mean that portion lying in Sumner County.
Quest: What portion of the lands lie in Robertson County?
Answer: I suppose about 50 acres. I don't remember the exact number of acres.
Quest: State what you think the lands in controversy were worth at the time of the sale of the
clerk.
Answer: I don't think I know what said lands was worth at that time.
Quest: State what you think they were worth at that time ____ _____ ____ _______ as to that
_____. I mean the lands on the Sumner side.
Answer: I can't state what they were worth at that time not knowing of any lands selling in the
neighborhood about that time.
Quest: State whether or not the lands are now worth as much as you listed them at.
Answer: Yes sir, I think they are
Quest: What is the condition of the lands in Robertson County. State what improvements are on
them.
Answer: It has one small frame dwelling house and an orchard upon it in bad fix.
Quest: What was the Robertson County tract worth at the dates of sale by the C&M
Answer: I don't know
Cross examined
The John Cole lands were sold some time since the war as follows: One tract on the pike sold for
$2.29 per acre the other tract not on the road sold for about $1.00 per acre. This Cole land is
located about 2 miles north of the land in controversy on the L&N Turnpike. I reside within
about 3 miles of the land in controversy. I have never traced the lines of the Sumner tract; a good
portion of said land is broken hilly.
(signed) William Webb
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WILLIAM GRAVES being next sworn states:
I am acquainted with the Sumner County side of the William Payne lands. Have known them
some 30 or 40 years. I consider that said land is worth $4.00 per acre. I was not at the sale of
the land and I am of the opinion that said land was worth $4.00 per acre at the time they were
sold by the C&M in June 1869. The buildings on said place consist of two frame houses which
were in very bad condition also a pretty good barn on it and with a kind of a corn-crib and with a
cabin on the Eastern portion of said place and with a splendid orchard. If in proper condition said
orchard consists of some 15 acres with a large number of fruit trees. The orchard needs trimming
and cultivation. The L&N Turnpike passes through the land in controversy and which is some 21
miles distant from the city of Nashville and has plenty of timber on the same that is my objection
to most of Ridgeland
Cross Examined
I reside about one mile from the land in controversy.
Quest: Has not all the good chestnut, poplar and white oak timber been removed from the
place.
Answer: All the most valuable timber has been cut off of said land. William Payne during his life
time had a "Horse Saw Mill" and Coopers Shop on said land and used up the timber in the same.
I don't know of any lands having been sold in the neighborhood of the Payne land. I heard of the
John Cole lands having been sold at public sale sometime before the sale of the land in
controversy. The L&N Turnpike has been abandoned by the Company. North of Tyree Springs
the gates have all been taken down.
(his mark) William Graves
The Cole land was sold at public sale and was purchased by the heirs. Lands were lower then
than at this time. Mr. Jones the gentleman whose deposition has been taken today in this cause
offered to sell me 130 acres of land adjoining the Cole land above spoken of for $500
Reexamined
OBJECTED to on the ground that this questions as to the offer of sale of land by Jones was not
asked him (Jones)
Quest: Was not your tract of some 225 acres sold by the Chancery Court at or about the same
time for some $800 and ws not your place much more valuable than the Payne place.
Answer: Yes Sir it was so sold for $800 the same was however resold and brought $1400.00.
My land was in a much better state of cultivation and repair than was the Payne land and was a
much better farm.
(his mark) William Graves
Adjourned until Saturday the 22nd of April 1871
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R. P. Estes Admin
vs
William Payne Heirs
Deposition of Samuel McKain taken before me at Office in Gallatin on this 28th day of April
1871
SAMUEL MCKAIN witness for purchasers and Heirs being sworn states:
Quest: State if you had a claim for collection or know anything of the claim of Berry and
Demoville vs Robert Payne and others. State who was on the note and who was principal ____
what W. J. Montgomery ___ on the same to said firm?
Answer: I had such a note for collection and the said W. J. Montgomery paid to the said firm of
Berry and Demoville on said note the firm of $420. This was some two years ago or thereabouts.
Wm Payne decd and W. J. Montgomery ___ the securities of Robert Payne on said note. The
said W. J. Montgomery paid the $420 to me as the collecting Officer and I paid the same over to
said firm of Berry and Demoville. I don't remember the exact amount that they discounted on
said note but it was something over $100. James R. Hutcherson went down to Nashville and told
said firm that it was a hard matter for the securities to have the money to pay and through his
influence they agreed to discount the said note and did so as above stated
Cross Examination
What are the Payne lands worth per acre--taking all together
Answer: They are worth $3.00 per acre. I was an officer at the time of the sale and do not know
whether the day of sale was generally known in the neighborhood. I think the lands would being
$3.00 per acre cash. It is likely they could and would sell for more on a credit. W. J.
Montgomery is largely indebted as old man Wm Payne's security. I have a great many debts
against him as Payne security and have a heap of his property for such security debt. I think the
land might to have been sold for a heap more money than it brought at the sale. All the money
that I collected on ____Berry and Demoville debt, Montgomery paid it. He paid between $2-300
dollars or S____ for Payne to Shute--The Payne estate is largely insolvdent.
(Signed) Saml McKain
More 1871 depositions
JAMES W. THORNHILL being next sworn states as follows age 51 years witness for
purchasers
Quest: How far do you live from the lands of the late WM PAYNE and how long have you lived
there and are you now not well acquainted with the same
Ans: I live adjoining the lands and have lived there 20 years. I am well acquainted with the lands.
I have been over them a number of times.
Quest: Have you not been the owner of a steam saw and grist mill all the time since you lived
____ in a mile of this place and also engaged in the lumber business
Ans: I have.
Quest: Did or did not WM PAYNE run a horse saw mill on the lands in controversy for a nunber
of years and also did he not run a coopers shop for some years and was he or not also engaged in
the lumber business on that place for a nunber of years?
Ans: He did own and run a horse saw mill, coopers shop and his main occupation was dealing in
lumber which he got off his place for a number of years.
Quest: State whether or not all the valuable lumber of the land in controversy was not cut or
removed from the place before the sale--state the _____ as to this.
Ans: I know that all the value timber was cut off--the timber that was left was such as firewood
and some rail timber.
Quest: Is or is not firewood or even rail timber regarded as valuable in that neighborhood?
Ans: It is not. The greatest trouble is to get clear of it. I can get as much firewood as I want for
any purpose just for taking it off.
Quest: State if the land did or did not bring a fair price at the sale considering the price of lands in
that neighborhood.
Ans: I think it did at the time it was sold there was other land sold in the neighborhood that was
equally so valuable for less than that did
Quest: Is or is not your mill a very public place in that neighborhood and was there or not a
printed hand bill posted up-- of the sale-- at your mill, by you and was it not generally known
_______the sale and day of sale.
Ans: My mill is one of the most public places in that country and I stuck up one of the hand bills
at my mill myself. The sale and day of sale was generally known.
Quest: Is or is not these lands very broken or hilly and were they or not valuable alone for the
timber. Are they not valuable for cultivating, state how this is.
Ans: These lands are very broken and hilly and they were valuable on account of the timber
only.
Quest: State the condition of the places and fences on these lands when sold.
Ans: There was not two acres under fence that you could cultivate with safety
The buildings were so far gone ______ that they were hardly fit to live in.
Quest: State if the pike north of these lands has not been given up by the company also state if
this _____ and the burning and breaking up of Tyree Springs has not greatly depreciated? lands
in that neighborhood.
Ans: It has. Because of the burning of the Tyree Springs and the giving up the Turnpike.
Cross Examination
Quest: Please state what land you knew of being sold in 1869 and what they brought
Ans: I think the JOHN COLE lands were sold about that time. I was not at the sale, but I think it
sold from one to three dollars per acre.
Quest: How far is that land from the Payne land, is it on public road and what improvements
were on ____
Ans: About one mile and a 1/2 and on the same road. Thre is a dwelling house and barns, smoke
house and kitchen, good well and _________ on the place. A portion of the land used as fence so
as would do to cultivate _____ don't know how much of it.
Quest: What other lands did you hear of being sold about that time and at what price
Ans: I don't recollect of any other lands that was sold
Quest: What do you consider the Payne lands worth in 1869 taking things all together
Ans: I think that $5.00 an acre would have been fair valuation for the land taking the whole of it
together at that time.
Quest: Were you not called upon to set a minimum price on the Payne land before the sale in
1869--and what did you fix the minimum at
Ans: I was asked by some of the neighbors what would be a fair valuation for the land and I told
them I thought that $5.00 per acre would have been a fair price for it.
Reexamination
Quest: Was or was not $5.00 an acre more than it would bring in the market and what do you
mean by stating it would have been a fair price in your cross examination
Answer: I only meant that it was the talk between me and some of the neighbors. I was not
called upon to value the land by any of the parties this conversation was before the sale. I would
say it $5.00 an acre was more than it would bring in the market because it proved by the sale that
it did not bring that much.
(signed) Jas N. Thornhill
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R. P. Estes adms
va
Wm Payne et al
R. P. ESTES being duly sworn and interrogated says--
Quest: Are you the adms of WM PAYNE SR. estate?
Ans: I am
Quest: Are you in any way related to said ______
Ans: I married his daughter
Quest: Are you acquainted with the lands in controversy-- if so-- please state their quality,
condition and value
And: I know the land but have never been over it all--It is a pretty fair ridge farm--the best part
of the timber, suitable for lumber, has been cut off but there is plenty for coopers and a plenty for
rail timber and firewood. The buildings or ________ some of them are in a bad condition. Their
condition at the time of the sale way better than now. The buildings on the place are large and
roomy--I think the lands are worth $5.00 per acre--and at the sale they were worth as much then
as they are now--
There is a fine orchard on the Robertson, containing about twenty acres, of all kinds and best
selection of fruit trees
Quest: How are the lands located as to roads
Ans: A public turnpike runs right through the place, called the Louisville Pike and leading to
Nashville
Quest: Did you at any time before or after the sale in 1869 inform W. J. MONTGOMERY that a
minimum price had been fixed on the land by the Court
Ans: I sent him word before the sale that a minimum price of $5.00 had been fixed by the Court
on the land
Quest: Is W. J. MONTGOMERY secty for the estate and is the estate insolvent
Ans: MONTGOMERY is bound as secty on nearly all the debts on Said estate and the estate is
involvent
Cross Examination
Quest: Do you know if any sales of lands in that neighborhood about the time of this sale if so
what
Ans: I do not
Quest: Are you acquainted with the JOHN COLE lands situated on the pike 1-1/2 miles north of
this, if so state the differences in the two
Ans: I am; I think the Payne lands the most valuable
Quest: Do you know what the Cole land sold for?
Ans: No sir
Quest: Was not the Cole land better improved than the Payne land
Ans: The house was best but not so as to the other improvements
Quest: Is not the lands of W. Payne very broken
Ans: Some of it is, but some of it is level
Quest: Have you lived in that neighborhood since 1870 and how far have you lived from same?
since the war
Ans: I left there in 1860 and since the war have lived some 18 miles from this land
Quest: Was there not a larger crowd at Gallatin the day these lands were sold
Ans: There was a good many here but not many from that neighborhood
Re-Examine
Quest: What is the condition of the level land--what about the lumber?
Ans: I think it poor land and well worn--and little or no lumber
Quest: Who did you see here on the day of sale from the neighborhood where this land is
Ans: SANDY JONES, WILLIE JONES AND J.V. JONES
(signed) R. P. Estes
1871 Depositions
R. P. Estis Admin
vs
G. P. Payne et als
The Depositions of Sandy Jones, M. W. Wetmore, J. V. Jones, G. B. Payne and J. R. Barry taken
at the Office of the C& M on this the 20th day of April 1871 by consent of the parties.
SANDY JONES being sworn states as follows:
Quest: How far do you live and have lived for many years of Mr. Wm Payne lands now in
controversy?
Ans: I live adjoining said lands and have so lived for the last 22 years.
Quest: Were or were you not present on the day it sold at Gallatin Tenn?
Ans: I was
Quest: Was or was there not a large crowd present at the sale of the same and a good deal of
bidding on the same.
Ans: There was a considerable crowd present and a good deal of bidding on said land
Quest: Are you well acquainted with these lands that were sold that day?
Ans: Yes sir, I was well acquainted with said lands
Quest: Was or was not the houses, buildings and fences much out of repair when sold. Had or
had not the place been greatly injured? during the war by the two armies. Was it not on the road
when the main armies passed several times and was it not greatly injured? by the
______________ hostile armies and forces?
Ans: Yes sir, they were. I think some of the fences on said place was burned during the late war.
It was not improved during or since the war. The fences was in very bad repair at the date of the
sale--in fact they have been insufficient to raise a crop on said lands since the war--that portion of
the land situated in Robertson County was badly fenced.
Quest: Did or did not the place bring a fair price, and as much as the lands in the same
neighborhood of like quality, given the prices of other lands about that time and given the
_______.
Answer: I think the land in controversy bought a fair price and it sold for as much as lands had
previously of the same quality had sold for in that neighborhood. The lands in the same
neighborhood and situated on the pike belonging to the estate of John Cole, and which was better
improved than the Payne lands. The improved portion sold for about $2.00 per acre and the
unimproved portion for about $1 per acre. I was interested in the sale of said Cole lands--my wife
being an heir to said estate--said sale took place only a short time before the sale of the Payne
lands by the C&M. I purchased a tract of land in the same neighborhood consisting of 133 acres
for $307 and I would not give one acre of this land for 3 acres of the Payne land.
Quest: Are you not one of the creditors of the estate of Wm. Payne
Answer: I am a creditor of the estate of William Payne decd.
Quest: Are you acquainted with the petitioner W. J. Montgomery. If so state if you saw him a
short time before the sale at Gallatin. State why you saw him and all that passed between you as
to the sale of the land its value and the terms when the land was to be sold.
Answer: I am well acquainted with him and saw him at his residence on the Sunday week
previous to the sale of the Payne land at Gallatin. I went over to see Montgomery to try and
induce him to purchase said lands or to make some arrangement by which G. B. Payne and family
could remain on the place. Montgomery seemed to talk favorably to my object and asked me
what I thought the whole place would bring at the sale. I told him that I did not think it would
bring more than $300. He replied that he did not think it would bring more than $300 or $600.
In said conversation we both understood that the sale would take place at Gallatin on the next day
(Monday) week.
Cross examination
Quest: Are you in any way related to either of the purchasers?
Answer: I am an uncle of JACKSON V. JONES--one of the purchasers.
Quest: Are you in any way, either_________or ___________interested in the purchase of the
lands or any part in of it. Is there not some understanding that you are to be instructed? in the
case as, or some part of them, if the sale stands.
Answer: I am not interested in any way whatsoever in this land and no arrangements whatever
has been made or entered into by me in reference to the same-- with no person whatsoever.
Quest: At the time the conversation took place between you with Montgomery about the sale,
did not Mr. Montgomery say that the price of the land was fixed at $4 per acre and if it brought
that he would be satisfied?
Answer: There was no such conversation between me and Mr. Montgomery
Quest: Do you know what Mr. Payne gave Mr. Wetmore for his bid on the land?
Ans: I know nothing more than what rumor said which was that Payne was to give Wetmore $50
for his bid--I don't think I ever heard any one speak of this except G. B. Payne.
Quest: State what improvements there were on the lands at the time of the sale--state the number
of the buildings and the kind of buildings on them.
Answer: I think the most of said improvements were frame buildings but can't state how many
houses there was on said premises. There were several.
Quest: What were these lands worth before the war per acre?
Answer: I suppose they would have sold for a good deal more before the war than they brought
at the sale by the C&M. I purchased some 40 acres of land off of the home place of Wiliam
Payne decd before the war for which I paid $10 per acre. I never however thought it was worth
that much and I purchased it because it was situated just in front of my house and this was the
reason I bought it. There was no improvements on said 40 acres. The Payne land, the same that
is now in litigation, is located on what is known as the Louisville and Nashville Turnpike but said
pike is in bad repair and don't amount to much.
Re-examination
Statement: These lands are situated near Tyrees Springs which was very much frequented before
the war but which buildings were burned during the late war--and by reason of which lands
depreciated very much in value--from the Springs north--the pike has been abandoned by the
Company and the gates on the same have been thrown open.
(signed) Sandy Jones
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M. W. WETMORE being sworn states as follows:
I formerly owned the Tyree Springs tract of land of some 900 acres in the same neighborhood of
the land in controversy. The Tyree Springs tract adjoins the Wm Payne land which I bid off at the
sale by the C&M in June 1869 at the price of $2.10 as well as I now remember. I transferred my
bid to Mr. William Payne for and in consideration of the sum of $50. I have known the Wm
Payne tract of land for over a quarter of a century. It was owned and occupied by the Wm Payne
Sr. who was a very good and industrious man and who had cut and sold off nearly all the valuable
timber of said timber for the purpose of making barrels, hoop poles, lumber etc. He had a horse
saw mill on the said premises which he had for many years. I was in the neighborhood a short
time before the sale and inspected the places, found the improvements in a very bad state of repair
indeed. Taking every thing into consideration the quality of the land, the fact that all or nearly all
of the available timber had been used off of the same etc etc I consider that said land sold for a
fair price.
Cross Examination
[Statement]: I reside in the city of Nashvile which is about 21 miles distant from the land in
controversy. I don't know of any improvements on that portion of the land purchased by Jones,
save a very poor and indifferent fence. My experience is that said land are worth little or nothing
for farming purposes.
Quest: You will please state what you think the Payne lands were worth, in their condition, just
previous to the war ___ ___ ____ what they would bring in the market?
Answer: Before the war Mr. Payne took good care of his orchard which was valuable at that time
to him I would consider that the land in its condition before the war would have brought some $5
or $6 per acre.
(signed) M. W. Wetmore
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J. V. Jones being duly sworn states:
I am the purchaser of the Robertson County portion of the land in controversy. Taking into
consideration the condition of the land and the way land was selling in that neighborhood I
consider that said land sold for a good and fair price. The sale was made by the C&M of the
Chancery Court and was as fair a sale as I ever witnessed . There was no effort on the part of any
one to keep any one from bidding at said sale. There was a large number of persons present and
bidding on said land--the Robertson County side had no improvements on the same except one
small house which had never been finished and only 3 or 4 acres was under fence and that was
partly made of brush and briers. The Sumner side was also in a very bad state of repair and the
most of all the valuable timber had been cut off of said land. I consider that the homeplace
purchased by Wetmore brought a good and fair price. The John H. Cole, the Champ? Cole and
the Errics? lands sold about that time and in the same neighborhood. The highest prices for which
any of said land sold was $3.50 per acre, which land included good improvements on the pike.
Some of these lands sold as low as $.50cts per acre. I saw printed postals of the sale of the Payne
land stuck up at Sandy Jones' Blacksmith shop which shop is only about 1/2 mile above the land in
controversy and on the L&N Turnpike. The day of the sale of the Payne land was well known in
the neighborhood. Heard a good many persons speak of the sale before it was sold.
Cross-examined
Quest: State where the land was sold. Also, state what the land you purchased is now
worth.
Answer: The land was sold at the Court House in Gallatin on the 7th day of June 1869. As to
what it is worth I am unable to state. From the fact that the sale has not been confirmed by the
court and I never have been made an offer for the same.
Quest: State what improvements, if any, you have made on the land you purchased. State
particularly the kind and value of these if any.
Answer: I hired a colored man last year and placed him on the place and he made some two or
three hundred new rails, fenced up him a little garden and a portion of a small field, cleaned up the
same, burnt the briers etc etc. This is the extent of the improvements that I have caused to be put
on the place.
Quest: State what you rented the land to the negro at. State the terms of the renting.
Ans: He was to give me $24 and pay me in work.
Quest: Do you now consider the land worth any more than when you bid it off?
Ans: I don't know that I do from the fact that it has not been ______ proved since my
purchase.
Quest: Are you now willing that the sale be set aside and to give up the land to be re-sold for the
benefit of the creditors?
Ans: No sir. When I make trades I generally stick to them and if I had my preference I would
rather the sale be confirmed.
Quest: How much would you be willing to take ___ give up the land?
EXCEPTION!!
This question is ____ as illegal and ________ for the reasons that the confirmation or selling as at
the sale is a legal question defending ___ law and testimony and not upon what a purchaser
would do 18 months after the sale
Turner (sol)
EXCEPTION SUSTAINED: J. R. Barry, C&M
EXCEPTION SUSTAINED: C. G. Pruitte? Chancellor
The rulings of the C&M are appealed and the witness states:
Answer: I don't wish to sell it at this time. If the sale is confirmed to me and if you will come
over I will sell it to you at a fair price.
Answer of the witness excepted to as not being full enough etc.
I decide that the witness is not compelled to answer the foregoing question because it is clearly
illegal J. R. Barry C&M
Ruling of Clerk sustained C Pruitte, Chancellor
Question: What do you now consider the lands on the Tennessee side purchased by Wetmore
worth?
Answer: I don't consider them worth any more now than they were when purchased at the sale by
the C&M in June 1869 unless there was a rise in the price of land. There has been no
improvements on the premises that I know of to amount to any thing.
Quest: Has there been any rise in the prices of lands and are said lands now worth, in the market,
any more than when sold by the C&M?
EXCEPTED to because the ___ is original and is not in reply to the crossexamination. Turner
Atty
EXCEPTION sustained. CG Pruitte, Chancellor
Ans: I do not deal in or speculate in lands and don't know whether it has rose or declined in price.
Quest: State what the land you bid off was listed at by the tax assessor for the year 1871 or for
any other year.
Ans: I don't know what it was listed at but heard Thornhill in speaking of said land said that if he
had it to list that he would put at $1.00 per acre. signed J. V. Jones
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
G. B. PAYNE being sworn states:
I was present at the House of Wm Montgomery and heard the conversation between him and
Sandy Jones relative to Montgomery's purchase of the Payne land--and have heard the deposition
of the said Sandy Jones given to day in this cause read and concur in and adopt the same. The
day of sale was discussed on that occasion and I suppose the said Wm Montgomery knew well
when the land was sold in Gallatin. The day of sale was well known in the neighborhood where
the land is situated. I saw one of the C&M's printed hand bills of said sale. There might have been
more but I did not see but one which was posted up at Sandy Jones blacksmith Shop which was
one of the most public places in that neighborhood. The houses, fences and orchard were in a bad
condition at the time of the sale. Considering the condition of the fence, etc and the way land was
selling I reckon the land sold for a fair price. About 100 acres of the land that I would not give
more than 50cts per acre.
Cross examined
Whitehill and "Thornhill's Mill" were perhaps more frequented than the Blacksmith shop of Sandy
Jones--the shop where I saw the printed postal of the sale. Boys generally go to Mill; and
grown men to to blacksmith shops. The conversation between Jones & Montgomery
occurred the second Sunday before the land was sold. In said conversation Jones told
Montgomery that there was no minimum price fixed by the Court. I consider that some of the
land sold for more than it was worth and other portions for not as much as it was worth, but
taking it all together I consider it sold for a fair price.
Quest: Taking all the land together good and bad did it bring at the sale its full value. I mean, did
each tract bring its full value--without any reference to the other.
Answer: Some persons might have given more than what it brought at the sale, but take it all
together I think it brought a good and fair price.
Quest: Did you not after it brought this good and fair price ___ given, pay Mr. Wetmore $50 for
his _______.
Answer: The truth is, I never bought the land. I mean to say, that Mr. Wetmore purchased it first
and afterwards sold it to my wife at an advance of $50.00 which was to pay him for his expenses
attending the sale etc.
Quest: In what respect was the houses, the lands out of fix or in bad repair?
Answer: Some of the sills were rotten, plaster was off in some places, new roofs needed and out
of fix generally.
Quest: Was the $50 to Wetmore paid by you and if not by whom and was paid as an advance so
much for Wetmores bargain.
Answer: The $50 was paid to Wetmore by my brother William Payne for my wife for his
(Wetmore) expenses with trouble attending the sale etc.
(signed) G. B. Payne
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
J. R. Barry being sworn states:
I am the C&M of the Chancery Court at Gallatin Sumner County and made the sale of the land in
controversy on the 7th day of June 1869. The sale took place at the Court House door in Gallatin
on the first Monday in that month. There was a number of sales made by me on that day; a large
crowd present . The sales ordered at the March term 1869 was advertized in large printed hand
bills and I distributed them all over the state generally as well as through Kentucky and other
states. The terms of the sale was printed in the bills and were announced when the land was
offered and every thing attending the sale was fairly conducted. So far as I know the purchasers
complied with the terms of sale as is reported by me, in the cause of Estis Admin vs William
Payne's heirs.
Cross Examined
The land is near Tyrees Springs which I suppose is some 12 or 15 miles from Gallatin. I don't
know as to what or how much intercourse the people of the neighborhood of Tyree Springs have
with Gallatin. My best impression now is that I mailed to one of the Mr. Paynes about one dozen
of said postals of sale at Goodlettsville, Tenn. I don't know whether they were recd and put up or
not. I don't remember particularly who was here on that day from that neighborhood.
Reexamined
This printed postals were distributed all over this county and further depo____ saith not
(signed) J. R. Barry
Adjourned until Saturday April 22nd 1871
Loose papers mostly notes due
OUTSIDE:
R. S. Payne
note
Berry & Demoville
INSIDE:
$343.50
Six months after date we or
either of us promise to pay M. W. Berry
and Demoville Three Hundred and
fourty three Dollars and fifty cents
for value received of them as witnessed
our hands and sealed
June 25th 1860
(signed) R. S. Payne (seal)
(signed) William Payne(seal)
(signed) W. J. Montgomery(seal)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Execution
Berry & Demoville
vs
R. S. Payne
The within Execute
satisfied in full
by William J. Montgo-
mery security for
R. S. Payne. This
day of Oct 1869
S. McKain
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Execution
Berry & Demoville
vs
R. S. Payne
Wm J. Montgomery
Debt $358.58
---fee 70
fee
interest
com
levy
amt paid $420
Int 56.70
Total $476.70
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The personal property of W.J. Montgomery found by me in___________. Therefore ___ in a
tract of land being in District No.__ Sumner County Tenn and bounded in ____ by ____ &
others on The North and _______________ on the South and ____on the East containing three
hundred and fifty acres _____________. W. J. Montgomery July2 1869
S. McKain
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
State of Tennessee
Sumner County
To any lawful officers to Execute and Return you are hereby commanded that of the goods,
chattles, lands and tenaments of R. S. Payne, Wm J. Montgomery and D. O. Montgomery security
for stay if to be found in your county you make on cause to is made the sum of Three Hundred
and fifty eight dollars and 38 cents debt with intrest from the 16 day of March 1861 and all legal
cost to satifsy a judgement that Berry & Demoville obtained against said defendents before me in
the 16th day of March 1861. Given under my hand and seal the 2 day of July 1869
Hugh Kirkpatrick J.P.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
[written on top of page] off Payne Act with C. M. Cole &co for 1861 $646
State of Tenn
Sumner County
This day personally appeared before me J. B. Crunk an notary Justice of Peace for So County
Sandy Jones and made oath that the above Act is Just and true to the best of his knowledge &
belief. Sworn to before me this the 10 day of Dec 1866
(signed) Sandy Jones
(signed) J.B. Crunk, Justice of the Peace
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The following is a true copy of a judgement on my Docket in favor of Isaer? Dorris against
William Payne. Judgement rendered against Payne June 30 1860 for twenty-two Dollars 25
Note due March 1 1859
Given under my hand this 26th day of ____ 1872
(signed) Richard Dorris
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
State of Tennessee
Sumner county
To any lawful officer to Execute and return you are hereby commanded to Summon R. S. Payne,
William Payne, Wm J. Montgomery to appear before you or some other Justice of the Peace for
said county to answer M. W. Berry & Demoville in a plea of debt due by No for a sum under five
hundred dollars
Given uner my hand this ___ day of Feb 1861
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
$34.75
Six months after date we or other of us promise to pay M. F. Cole thirty four dollars and seventy
five cents for value rec'd
Witness our hands and seals
this Aug 18th 1860
(signed) William Payne
(signed) R. S. Payne security
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Mr. William Payne
Dr. J. H. Joyner
To: Medical Acts ___ to family
[NOTE written across note: Int to Jany 1872 = $75.00 + 18,00 = 83.00]
State of Tennessee
Sumner County
Personally appeared before Hugh Kirkpatrick and acting justice and The Peace of said county,
James H. Joyner and made oath in due form of law that the above account of seventy-five Dollars
is just and true with No credits sworn to and subscribed before me on this 21 dayof Feb
1868
(signed) James H. Joyner
test (signed) Hugh Kirkpatrick J.P.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
INSIDE:
[NOTE written on top]
Mr. Wm Payne Dest
To G. F. Lucas Dr
To Book apc 1860, $14.60
To book apc 1861, 8.70
Add interest to time collected, $23.30
Int to Jany 1, 1872, 5.15
$28.45
State of Tennessee
Montgomery County
This day came G. F. Lucas before me
Cl A Bailey J.P.
for said county and made oath that the
above apc for twenty three & 30/no Dollars as it stands charged to Wm Payne dest is just and true
after giving all proper credits
Sworn to and subscribed before me thi day April 24th 1868
(signed) ClABailey J.P. (signed) G. F. Lucas
OUTSIDE:________________________________________
State of Tennessee
Montgomery County
Peter ONeal
Clerk of the County Court
of said County certify
that John A. Bailey
whose name is ________
to the within certificate
is and was at the time
of the signing the same
and acting Justice of
The Peace in and for said
County in full faith
and credit ____ ______ to
____ acts as ___________
under my hand at office
in the City of Clarksville
This 24th day of April 1868
Peter Oneal Clerk
____________________________
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Have deed made
to
Amelia Payne wife of Wm Payne
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
INSIDE:
$191.71
One day after date I promise to pay
C. M. Cole & Co one hundred and ninty
one dollars & 71% for value recd
This 1st January 1859
(signed) William Payne (seal)
__________________________________
OUTSIDE:
$191.71 3/4
William Payne
Note
[NOTE in different handwriting]
Cr.the within note
with sixty ($60-34/100) dollars
and thirty-four cents.
[NOTE in different handwriting]
Rec on the within note
twelve dollars
November 9th 1867
____ of $9.50 cts
[NOTE written in different writing]
Bal due ____
note Jany 1/72
$265.55
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
INSIDE:
_______[not readable]
Feb 15th 1872
Mr. J. R. Berry C & M of the Chancery Court of Sumner Tenn. Please pay to R. P. Estes all the
money that may be due me from the estate of William Payne deceased when the estate
indebtedness and the ______is made & oblige
(signed) W. J. Montgomery
OUTSIDE:
Accepted to be paid
upon a final settlement
of William Paynes Estate
This April 19th 1872
J. R. Barry C&M
Debt settlement April 1872
List of Debts filed vs Wm Payne's Estate
G. J. Lucas proven acct Apr 24/68, 23.30
Int on the same to Jany 1 1872, 5.15
Dr. J. H. Joyners Med Acct, 75.00
Interest to January 1st 1872, 18.00
C. M. Cole & Co proven acct Dec 10/66, 6.40
Interest to January 1st 1872, 1.90
Lee Shute's judgmt
(paid by W. J. Montgomery) Oct 5/69, 245.23
Interest to January 1st 1872, 33.10
Berry and Demoville Judgt
(paid by W. J. Montgomery) Oct 4/69, 210.00
Interest to January 1st 1872, 28.35
Iebah Dallis Judgt June 30, 1860, 22.25
Interest to January 1st 1872, 15.25
M. S. Cole note due Feb 18th 1861, 34.75
Interest to January 1st 1872, 22.67
A Rutherford Judgt Oct 27d 1860, 12.00
Interest to January 1st 1872, 8.05
Meacey & Hamilton Judgt March 16 1861, 46.45
Interest to January 1st 1872, 29.95
Hogan and Kizer Admrs Judgt May 29th 1861, 35.44
Interest to January 1st 1872, 22.68
Wm Payne Jr. Acct Jany 1 1861, 292.40
Interest to January 1st 1872, 192.75
G. F. Lucus bal on note, 55.00
Interest on the same to Jany 1st 1872, 36.75
Sandy Jones note balance and
interest to Jany 1st 1872, 265.58
________
$1738.50
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The following constitutes the assets of the Estate of Wm Payne decd.
1869 June 7, (land sold) J. V. Jones, 91.50
1869 June 1, (land sold) Wm Payne, 231.00
1871 Dec 14, J.V. Jones, 155.50
1871 Dec 14, amt of judgt against
Wm Payne in land notes, 484.37
______
$962.37
Contra Ex??
1869 Oct 11, By leash paid
G.W.O. Griffin Summary, 15.00
1871 Mar 24, By leash paid
Fred S. Ellis
Taxes for 1870, 4.80
1871 Sep 25, Costs and Commissions, 50.00
1872 Jan 29, DD. Johnson
R.C. Taxes for 1869, 9.00
1872 Jan 4, G. V. Wright
R.C. Taxes for 1859-60-61, 10.00
1872 Jan 4, Allowance to Estis Admin, 50.00
1872 Jan 4, amt of Jno W. Head's fee, 50.00
________
- $188.80
________
$ 773.57
This prorato sheet pays 44% on the dollar:
Settlement with Wm Payne
to amt of his two notes, $ 484.37
By amt of his prorata 44% on $485.15 213.45
________
Leaving balance to be pd by him in
cash, $270.92
to which add amt of excessin hand, 16.00
________
Total to be paid
by him in cash Apl 24 72, $286.92
Amount actually paid by him, $290.00