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[NEW] NEVINS, ROBT F. et al vs PALL, James P. et al Chancery 1867
ANSWER of A. Pharis, Spencer Walker and Denton Moore to Bill of Complaint by Robert F. Nevins and Elijah Kirkpatrick.
True Kirkpatrick Nevans & Co. recovered judgments against A. Pharis & Spencer Walker trading under the name & style of Walker & Pharis for $229.44 and $284.91.
Admit that Moses Kirkpatrick one of the members of the firm has died since rendition of judgments and Complainants are surviving partners.
Respondents have made payments on judgments not credited. Respondent James P. Philips denies he is liable to pay... was not the security on the notes. Philips did not sign his name as Stayor nor did any person do so for him. He did at one time authorize the Justice of the Peace to sign, was never acted on.
Respondent admits execution of deed to Denton Moore 25 October 1859 for a consideration of $454 for 312 acres... was intended as a mortgage. Respondent Philips was indebted to Respondent Denton Moore some $400-$500, is still owing.
COPY OF DEED: James P. Phillips to Denton Moore, land on waters of Hurricane Branch, 312 acres bounded by... top of ridge east of William Toney's house... between Hiram Minor and said Phillips... meanders of the ridge... east corner of land purchased from N. Sadler with OGlasbys [?Oglesby - mlj] line to his southwest corner, thence south to Hiram Minor's corner... 25 October 1859.
/s/ James P. Phillips Wits: Camel Poston, William [his X] Gordon
DEPOSITIONS 10 January 1861 in presence of Pltff John M. Cherry:
Wilson Cherry age 64. Acquainted with Thomas R. Langford from the time he got a deed from John Martin. I witnessed the deed. Land where Langford lived is about two miles from where I live. Langford lived there a good many years. Lankford married Martin's daughter.
Langford did write his own name. I am acquainted with his handwriting. The signature on the title bond from Thomas R. Lankford to William Newberry is his. William Newberry the Plaintiff lived on the land I think two or three years or more.
Do not know where Langford lives now. He has been gone 15 years or more, went from this county to Wilson County, Tennessee. He has been back since and worked for me... don't recollect the date.
John Miles lived on the land first after Langford left and William Newberry next.
Do not know if Thomas Langford is alive or dead.
William Newberry did move off the old 100 acre tract... the buildings are gone. Newberry moved on a tract which J. Wilson Cherry located for Thomas Langford which the surveyor never furnished me the grant and I told Newberry to save the land for Langford and he told me he would do so I told him if he did not I would do so myself.
/s/ Wilson Cherry
Edwin Price about age 65. I was acquainted with Thomas Lankford, lived 1 - 2 miles of Wilson Cherry. There was never any other Langford lived in the neighborhood. He married the daughter of John Martin.
Edwin [his X] Price
COPY OF DEED [Note: This apparently was recopied from original; handwriting and all signatures in same hand - mlj]:
John Martin of the County of Wilson, State of Tennessee to Thomas Lankford of the County of Jackson... $100 paid... I hereby transfer land on Trace creek of Barren River... begin at tract formerly belonging to John Mcadew... Capt. Gillmores east boundary... 100 acres.
John [his X] Martin
Wits: [All signed] Wilson Cherry, Edward Price, James Short, Cary Cherry, Greenberry Balzaman
DEPOSITIONS at store house of A. Bowman & son in Jackson Co. 26 Jan 1860:
Joshua A. Lancaster of lawful age. Lankford lived on Trace creek when I first got acquainted with him many years ago, perhaps 20-30 years where he settled when he first moved there, same place purchased by Complainant of Lankford. I have examined bond for title, Lankford to William Newberry, he signed it. Adjoins Mcadoo land.
I think Lankford has been gone 10-20 years, said he was going to Wilson County.
I think William Newberry lived on it five or six years.
Ques: State if you know where Martin the father of Mrs. Lankford lived in 1825.
Ans: My understanding... Wilson County.
Ques: State if you are acquainted with Wm B. Hughs [Hughes], the witness to the bond.
Ans: I don't know of such a man. There was a man named Hughes come to this neighborhood with Lankford's wife's father to hunt while Lankford lived here, don't know if he was Wm B.
There was no other Lankford that lived there since 1825. I live about five miles, have for 30 years.
[Thomas Lankford] was a cooper... saw him put his name on the head of barrels. He did it with a fire coal.
Complainant [Newberry] married my daughter.
Ques: Did Lankford have a boy child and is it not the fact that old man Martin deeded the land to that child and not Thomas R. Lankford the father.
Ans: If Lankford had a son named Thomas Lankford it was after they left Jackson County. Their son was named John Martin. I do not know of my own knowledge that the land was deeded to the son of Thomas Lankford by the old man Martin.
/s/ J. A. Lancaster
Samuel S. Lancaster about age 25.
Ques: State whether if you were in Wilson County... inquired after William B. Hughs.
Ans: If I was I didn't know it... was in Smith County a few days ago close to the line of Wilson. William B. Hughs was said to have gone to the Western district about five years ago.
The men said Thomas R. Lankford left there for the Western district years ago. I did not learn the name of the county. The men asked of were John L. [or S.] Fedrick and Robt G. Fedrick
Ques: If they are related to Complainant Newberry, tell the relationship and tell how you and Complainant are related.
Ans: They are Newberrys wifes uncle.
He is my brother in law.
/s/ Samuel S. [or L.] Lancaster
TITLE BOND: State of Tennessee, Wilson County} I, Thomas R. Langford of the State and County aforesaid acknowledge myself indebted to William Newberry of Jackson County, Tennessee... sum of $150.
Condition of this obligation is that said Thomas R. Lankford this day sold to William Newberry land in Jackson County, Tennessee, district number [blank] waters of Little Trace Creek 200 acres more or less bounded by... Wilson Cherry on the east and also William Newberry, west by the Gilmore tract, north by Maccado heirs, south vacant. If said William Newberry shall pay him $75... executed notes this date... I to make good title... 10 October 1848.
/s/ Thomas R. Lankford Witness: Wm B. Hughes
CAUSE HEARD, William Newberry vs J. R. Langford and heirs of J. T. Wood... $25 fee due by heirs of J. T. Wood to R. A. Cox, 26 October 1871, Solicitor for the defendants Rosco Wood, Bill Wood and Thomas Wood, minor heirs of J. T. Wood deceased.
AFFIDAVIT: Cause of William Newberry vs Jackson T. Wood, et als. Complainant William Newberry makes oath he cannot go safely to trial for want of testimony of John Allen who lives in the State of Kentucky. 14 August 1860.
DEPOSITIONS 31 August 1871.
William Newberry age about 46. Langford had no title to some of the land sold to me... lost about 120 acres of poor ridge land, valuable mostly for timber. The lost land was worth $37.50, now worth more.
William [his X] Newberry
ANSWER of J. T. Wood and John M. Cherry to Bill of Complaint of William Newberry. Respondents do not know anything about Complainant having in 1848 or any other time purchased land of Thomas R. Lankford. Admit many years ago Complainant lived a short time upon part of the land. He abandoned the use, burnt down the only house upon it and has since never had possession or claimed it as far as they know till since these defendants purchased it.
Respondents state on 19 November 1825 John Martin conveyed by deed to Thomas Lankford, not Thomas R. Lankford, a tract of 100 acres in Jackson county on waters of Trace creek which deed was regularly registered.
Taxes 1855 and 1856 had not been paid although it had been listed in the name of Thomas Lankford.
Land afterward was condemned and ordered to be sold as Thomas Lankfords land.
Respondents became purchaser, paid the money and took possession. No heir, administrator... of Thomas Lankford has paid Collector or Respondents $4.75 costs and taxes at 50% interest per annum. Said tax collector William Purcell executed deed to Respondents. 4 January 1859.
BILL OF COMPLAINT of William Newberry of Jackson County against Jackson T. Wood and John M. Cherry of Jackson County and Thomas Lankford of [Blank].
On or about 10 Oct 1848 he purchased land in Jackson County on Trace creek about 200 acres, has title bond, lived on the land [blank] years and improved the same. [Blank] 18[blank] he bought a farm two miles distant in Jackson County where he now resides... When he moved off, made no calculation of abandoning the same as said Lankford held his notes for the consideration.
After he bought the land from Lankford he assertained [sic] a portion described in boundary was vacant [not claimed by anyone]. He entered the same, had it survaid [sic] ...Grant issued to orator by State of [Blank] which only left a remainder of 80 acres of the aforementioned 200 acres.
About [blank] the Revenue assessor came to his house... inquiring of property owned... Orator believing [crease] he was only inquiring for the property he owned in Dist. 13 that he then lived in, did not ___ the land bought of Thomas R. Lankford - never thought of it until it had been levied on and sold. Before twelve months, went to County Clerk... Revenue Collector had made no return of the sale. He sent $5.00 gold by his agent A. W. DeWitt to Jackson T. Wood and John M. Cherry who refused it - said they thought they could hold title as there was only one witness to the title bond.
ANSWER of Thomas R. Langford to Bill of Complaint of William Newberry against himself, J. T. Wood and J. M. Cherry. Respondent sold the land to William Newberry, did sign the bond Thomas R. Lankford, his real name. A title deed was made to him by Martin; a portion of the land named in the bond was not covered by the deed of Martin to him. About 120 acres was surveyed by [blank] Wilson at the instance of this Respondent and he expected a grant would come out for same. He states that Wilson died some time afterwards, supposes plat and certificate was sent up and therefore the survey became void. He is ready to make title after payment is made.
Jackson County, State of Tennessee} Came Thomas R. Lankford and made oath... December 5th, 1862.
/s/ Thomas R. Lankford /s/ James H. Draper, J. P.
NOTICE 4 May 1867: To A. W. Dewitt, Esqr, Solicitor for Complainants. Case of William Newberry vs the Heirs of Jackson T. Wood, deceased... you may attend... take proof.
NOTICE to John M. Cherry. I will attend at the house of John Allen, State of Kentucky, Monroe County, 24 November 1860 to take deposition of John Allen.
BILL OF COMPLAINT of Mariah Night of Jackson County, Tennessee against William Night, Wiley Night and Robert C. Kirkpatrick, same county and state.
She and defendant William Night married in Jackson Co. about eight years ago... recently was compelled to leave on account of his bad treatment... seek protection among friends and relatives.
Cursed, accused her of adultery with other men... beat with sticks and fist, fractured her skull... last Sat-Sun the 11th of this month failed to furnish Oratrix and children with proper means of support.
She has four children by defendant, named Lucy about age 7, Henry about 5, Nancy about 3 and Polly 18 months.
Defendant William Night was owner of two tracts of land in Jackson County.
First tract 100 acres... begin southeast corner of 300 acre tract granted by State of Tennessee to one Burkette Kinnaird... James H. Lees south boundary line... Blackburns fork... Hiram Harlys north boundary line.
One other tract of 50 acres... mouth of Robartus Vick Spring branch.
On 12 December 1859 William Night pretended to convey the 100 acre tract to Wiley Night.
On 17 December 1859, pretended to convey the 50 acre tract to Wiley Night.
Transfers made for purpose of defeating Oratrix' claim to alimony... made after she had separated. Asks deeds be set aside.
Defendant R. C. Kirkpatrick is indebted to William Night by $95 note, asks it be attached.
Alleges adultery, asks bonds of matrimony be dissolved, custody of children and proceeds of note to her... [Lists other personal property, being livestock and household goods].
Oath of Poverty... not able to pay costs of suit, affirm above is true.
Mariah [her X mark] Night
PETITION: They as attorneys are informed suit filed by Mariah Night vs Wm Night 15 December 1859 has been compromised, ask it be dismissed [No date]. /s/ Denton & Washburn
BILL OF COMPLAINT of William Night against Pleasant C. Linville, John A. Mathena, Maranda Swearingen, James Swearingen, Martha Swearingen, Elizabeth Swearingen, Adaline Swearingen, Harriet Swearingen, Eliza Swearingen, Thomas Swearingen, Pleasant Swearingen, Nancy Kizziah Swearingen, the last eight minors under 21 years and Rebecca Swearingen of Putnam County and John Swearingen of the State of Missouri.
On 8 November 1854 William Swearingen the late husband of Maranda and father of the other Swearingens mentioned as defendants executed to P. C. Linville a bond for title... 50 acres on dry creek of Jackson County, bounded... beginning John Burris line... mouth of Robartus Vick spring branch... has not been registered and bears test of but one witness George W. Clinton.
Defendant executed note to said William Swearingen for something like $200, took possession.
7 December 1857 defendant P. C. Linville transferred the bond to orator. Orator bought land from Linville, paid for it... but is informed legal title is in defendants Swearingen, the only heirs of William Swearingen.
Said William Swearingen died intestate in Jackson County 1856, John A. Mathena qualified as Administrator. Marinda Swearingen is the widow of William Swearingen.
ANSWER of Pleasant Linville to Bill of Complaint... bill is true, no intent to defraud, honest and bona fide. 9 February 1859.
ANSWER of Martha, Elizabeth, Adaline, Pleasant, Harriet, Eliza, Thomas and Nancy Kizziah Swearingen to bill of complaint by their guardian P. H. Leslie... minors, deed to be approved by court.
We, the freeholders having been summoned as a Jury... to inquire and report on condition of Rufus Norvel... whether or not he is an idiot or lunatic... otherwise unsound... fully satisfied Rufus Norvel is of unsound mind caused by spells or what is generally known as fits since he was about eight years old, growing worse and more frequent as he grew older. Last twelve months... so frequent... totally incapacitated for any business whatever.
Wife Mattie aged 43 and two children Jennie 14 and Annie 11.
He is a poor man, no real estate. Had one of those spells in our presence at the residence of William Norton where this inquisition was held. Dated 5 October 1886.
/s/ ?. K. Williamson, J. E. Wheeler, Joe Johnson, ?. G. Rodgers, R. Rodgers, W. M. Gailbreath, T. M. Gailbreath, Frank Cooke, G. C. Darwin
DEPOSITION taken 29 January 1853, Wilson Co., TN in presence of Hugh Wallace, Compt:
Elias Green about age 50. About 20 years ago I made a note payable to Seeborn Odom for $25 to be paid in trade such as hogs or cattle... I paid said note off to Hugh Wallace about the day said note fell due, in cattle. The men who valued the cattle were Joseph Roberts and George Smith. Wallace carried said cattle over to the widow Odom where they were advertised and sold.
About the same time, I purchased land from Jacob Cronk, Administrator of Sebron Odom deceased also one of Odom's heirs... paid Crunk a horse, cattle and a saddle and Jacob Crunk gave the property to Frederick Odom and his Brothers and Sisters there was 100 acres of the above named land.
Elias [his X] Green
NOTICE: Proof to be taken at my office in presence of Thomas Odom and his attorney and defendant Allcorn and Wallace by his agent William Wallace, 8 May 1852, cause of Fredrick Odom and others against Robert Allcorn and others.
Nevell Morcum Age about 68.
[Another place in this document, looks like "Marvell" instead of Nevell/Norvell; Morcum is spelled Marcum and Markham in various places - mlj].
Ques: State about defendants receiving money of Ceburn Odom, deceased.
Ans: If my memory serves me right, last Christmas day 17 years ago Robert Allen was at my house and we went to Hugh Wallaces. Allen said Wallace had a debt of $75 coming to Ceborn Odom against Elias Green.
Wallace was to sell the cattle as the agent of Jacob Cronk the administrator of Ceborn Odom. The sale was advertised. After the sale at the request of Tho Odom I was talking with Hugh Wallace about the money and he said he had collected it and put it in the hands of Ab Franklin to take to Joseph Cronk in Indianna [sic].
Ques: Who was the youngest heir of Ceburn Odom.
Ans: Always heard Frank Odom... I have heard his mother say he was. He lived in Jackson County most of the time - lived Smith Co. about 6 months and Wilson Co. three years last February a year ago. He told me he was upwards of 30 years of age.
Thos & Solly [?Sally] has not been out of the county so as to change their residence since my knowledge of them... absent occasionally.
Nevel [his X] Markham
Joseph Roberts about age 80. Last winter seventeen years ago Hugh Wallace came to my house and asked me to Elias Greens to value some cattle.
My understanding is that Fed [sic; ?Fred] Odom was born in July 1818 and he is the youngest child. Some of the complainants live in this county ever since I first knew them.
Joseph [his X] Roberts
Richard Heron [or Hearn] about age 80. I was present when Hugh Wallace sold some cattle at the house of widow Odom's about 17 years ago.
Richard [his X] Heron [Looks more like Heron here - mlj]
[Very difficult to read this Answer. Some names may be incorrect - mlj]:
ANSWER of Robert Allcorn and Hugh Wallace to petition filed by Frederick Odom and others. Ceborn Odom departed life in 1832 they believe and Nancy Bushears [Brashears] was appointed Administratrix and executed bond with co-defendant Jacob Cronk as one of her securities. It appears in 1834 said Joseph Cronk took steps to have Nancy Bashears removed from administration of the estate and was himself appointed administrator. Respondent Wallace executed bond with him as Security but he has not seen the bond.
Respondent Wallis may have collected some debts due the estate as he was a constable at the time but he has no recollection of the matter - requires proof... if he collected any debt he accounted for and paid the same over.
Deny Plaintiffs are all the distributees, but on the contrary Nancy Bushears, Susanna Odom the wife of co-defendant Cronk, and the wife of Henry Roberts are also children of said deceased and they think it probable there are others and require proof.
Respondents think Plaintiffs have all received their full shares of said estate long since. Respondents believe that neither Frederick nor Thomas Odom have authority to sue for Sally Cronk or Susan Thomas.
It has been over 17 years since the last administration and almost 21 years since the first administration of said estate and the youngest distributee of said estate is long since the full age of 21 years... rely upon the statute of limitations.
Respondent Wallace states as auctioneer he sold the cattle at the instance of Cronk, that Cronk took notes.
Respondents are informed and believe that Frederick and Thomas Odom and perhaps others sold their interest to James A. Spurlock and Benjamin B. Washburn. 5 March 1852.
/s/ Robert Alcorn, s/s Hugh Wallace
PETITION of Frederick Odom and Thomas Odom of Jackson County who sue for themselves and on behalf of Sally Cronk, Susan Thomas, Susan Odom, Nancy Brashears of said county against Jacob Cronk and Hugh Wallis and Robert Alcorn the latter two citizens of Jackson County and the first [Jacob Cronk] a citizen of Indiana.
Ceborn Odom departed life about 1832. Joseph Cronk was administrator; Hugh Wallace and Robert Alcorn his securities.
Your petitioners are the only surviving heirs of said Odom and said defendants have never accounted to petitioners for any part of the estate, wrongly converted same to their own use... debt on Elias Green for $75.00 due by note in 1832. Dated 22 August 1851.
/s/ James A. Spurlock, Sol. for Complainants
Frederick [his X] Odom
Thomas [his X] Odom
TRANSFER OF INTEREST: I, Fedrick [sic] Odom of Jackson County, Tennessee am indebted to Alfred King of Cumberland County, Kentucky... $50.00 promissory note for the purpose of Security... do transfer all right title and interest in tract of land which descended to me as one of the heirs of Cebron Odom deceased lying in the county and state aforesaid on waters of Indian and Mine Lick creeks, one containing about 200 acres the other about 100 acres... also interest in promissory note of Elias Green. 7 November 1851.
/s/ Fedrick [his X] Odom
BILL OF COMPLAINT of Sarah Odom against William B. Odom. Complainant and defendant were married in Jackson County 18[blank], he became untrue, divers Lewd acts of Adultery with one Clarinda Loftis.
They have two children the issue of said marriage a Girl about 3 and a Boy about seven months... he is not a proper person to have... custody. [Lists personal property, asks it be attached].
Due to poverty, unable to bear costs... 14 July 1883.
Sarah [her X] Odom
PETITION of T. H. and W. B. Butler, Solicitors of Sarah Odom. Sarah Odom charged W. B. Odom with adultery, filed suit for divorce, compromised.
Defendant fraudulently combined with Complainant Sarah Odom and induced her to live with him to defect petitioners lien... [They went back together, lawyers want their fee - mlj].
[Note: Bills and cross-bills of Roberts vs Oglesby, L. T. Armstrong vs Permelia Langford et al].
DEPOSITIONS beginning 17 October 1867, Celina, Jackson County, Tennessee:
W. M. Savage age 30. Acquainted with Joseph B. Roberts, S. Cross Armstrong and L. W. Oglesby. They resided in Celina, Jackson County December 1860. Armstrong had been merchandising prior to that date in Celina. S. Cross Armstrong sold Jo B. Roberts a stock of goods... took notes on which Landon W. Oglesby was security.
I have heard Jo B. Roberts say he sold his land to Mrs. Langford.
I and J. B. Roberts were both clerking in the house [store] of Stone & Oglesby in Celina in 1860.
/s/ W. M. Savage
Wm C. A. Griffith age 37.
Ques: State if you purchased the Kinderhook farm or [also known as] the old Amonett farm in Jackson County.
Ans: I made the trade with Permelia Langford. I paid for said farm in a farm in the State of Texas valued at $6,000, $1,000 in cash and gave my note for $1,000 which remains unpaid, making in all $8000.
I first contacted Jo B. Roberts about the farm and he said Permelia owned it. I asked him to talk to her about selling it. Jo B. Roberts was present when I made the trade, but from what I could see Mrs. Langford controlled the trade. My understanding is that Jo B. Roberts has moved to the farm in Texas.
Ques: State if the object of the trade was for Jo B. Roberts to avoid a debt in Louisville.
Ans: I have heard Jo B. Roberts say he owed a debt to the Langford heirs and he sold the land to her in order to pay that debt. He wanted to give that debt preference over his other debts.
Mrs. Langord said she bought the land from Roberts in order to save the debt. I understood her to mean the Irvin Langford estate.
Mrs. Langford wanted to make a quit claim deed because she heard of Amonett heirs bringing a suit about the land and since she was a widow and I was a man I could attend to the suit better. Being a widow she did not want to be involved in a law suit.
Ques: You say Jo B. Roberts moved to Texas on the land you sold to Mrs. Langford do you not know her other son in law Smith has gone there to live on the same land?
Ans: My understanding is that Mrs. Langford has sold her other son in law Smith one half of said Texas tract.
/s/ W. C. A. Griffith
Jesse M. Skipworth [blank] years. My wife rented a part of the Kinderhook farm from Jo B. Roberts in 1865. I heard Jo B. Roberts say he had sold a part of the farm to Dr. Plumlee provided Mrs. Langford was willing to make a deed. This was before August 1865. After August I tried to rent and he said I would have to go to Mrs. Langford that he had sold the land to her.
Ques: State if Jo B. Roberts was not dissipated in his habits.
Ans: He drank a rite smart and gamboled [sic] some.
/s/ J. M. Skipworth
Micaja Stone [No age given]. Had a conversation with Jo B. Roberts. He said Mrs. Langford had sold part of the farm to Dr. Plumley. I told him I would have liked to buy it myself - that I would trade a note I held as guardian of my father on Ausburn Stone and a note I held likewise on him Jo B. Roberts. He said the trade was not confirmed with Plumley... no writings had been drawn.
He said he would not have let Mrs. Langford have it but for a debt hanging on him and L. T. Armstrong in Louisville and Armstrong had put his means out of his hands and Roberts did not want to pay Armstrongs part...
Jo B. Roberts was on the farm and remained there until he moved Novr 1866 or about that time.
He told me where the land lay in Texas. I told him I had seen it and he was badly cheated.
I know Arch P. Green he is acting for L. W. Oglesby and L. T. Armstrong in suggesting questions to their solicitors in this suit.
Luke T. Armstrong and L. Cross Armstrong are brothers. L. W. Oglesby is their nephew.
I held a note on Jo B. Roberts at that time  for a negro for $500 due 3 or 4 years past and the balance my father held some notes on him, in all $600-$700.
My conversations with Roberts were in 1866. Money was scarce, times hard and property low in this country.
A came here [to Celina] a little before Christmas 1865. Said debts were owing some two years before that time.
Ques: Is your father William Stone of sound or unsound mind?
Ans: He is unsound mine. I & James S. Stone is his guardians he has no will in existence to my knowledge. I will be entitled to a share of his estate.
I have known the Kinderhook farm thirty years, same owned by Amonett and then his heirs.
The Ausburn Stone note was $1200 or $1300... note on Brother John Stone for about $1200 and a note on Brother James S. Stone for about $1200, in all with interest about $4000.
I was afraid it would trouble me a great deal to collect them. I think now they can be collected.
Ques: Did you not report the same debts as doubtful to the County Court of Overton County as guardian of your father?
Ans: I did two of them the other I don't think I did.
Ques: Say if the notes at the time you proposed buying his [Jo Roberts] land would be his share in your father's estate.
Ans: I thought probably the notes he owed Bennetts estate and the debts he owed my father - would amount to more than his share in Bennetts estate and the estate of my father which I considered all my fathers estate.
James S. Stone, John Stone and Ausbon Stone... did all own good farms.
After I was appointed guardian of my father... I filed an inventory June or July 1867.
Ques: Who has been attending to L. W. Oglesby's business since he left here?
Ans: My understanding Arch P. Green.
Jo B. Roberts is my sisters son and he married Mrs. Langfords daughter.
Ques: Did not Jo B. Roberts sign a petition to Overton County for your removal as guardian of William Stone?
Ans: He did not that I know of.
/s/ Micajah Stone
J. H. Roberts [No age given]. Some time in July or August 1865 I found a note in the road at the nine mile post on the road from here [Celina] to Gainesboro executed by Jo B. Roberts to Mrs. Permelia Langford for $1500. I think I gave it to Mrs. Langfords oldest son. My best recollection it was dated 1861 or 1862. Mrs. Langford later said Jo B. Roberts had paid off the note in a land trade.
Where I found the note is 7 or 8 miles from Mrs. Langfords and the place is on the road from her house to Gainesboro.
/s/ J. H. Roberts
Samuel Brown age 42. Been living on the Kinderhook farm three years, rented from Jo B. Roberts in 1865, contract first of the year, on the thirds. He got my rent corn & my Brothers for 1865. Some hog man Mr. Officer came with him in 1866 and bought the corn don't know who got the money.
Samuel [his X] Brown
James S. Stone age 46. Jo B. Roberts came to my house... two oil men were there. I asked if he had leased his land... said he was going to sell to Mrs. Langford. He was talking about going to Texas, wanted me to sell out and go.
Jo B. Roberts is my nephew and Mrs. Langford is his mother in law.
In 1865 and 1866 he drank to excess... gambled.
I drank too much frequently at that time but was sober when I had my conversation with Jo B.
...I am at law [lawsuit pending] with Permelia Langford.
My recollection has not been good. It has got much better since I quit drinking.
Ques: Are you a son of William Stone and Brother of Bennett Stone, decd and joint guardian with Micajah of William and joint administrator with Micajah of Bennett Stone?
Ans: I am all of these.
I have been acquainted with the land 30 years. When I first knew it David Biggerstaff owned it Amonett & Bransford purchased of them [Biggerstaff] afterwards Amonett purchased Bransfords interest.
At Amonetts death it descended to his heirs and afterwards was sold for distribution among the heirs and Hall Holeman who married one of Amonetts heirs purchased it.
Bennett Stone as I understood purchased of Holeman and Jo B. Roberts purchased of him. I understand Jo B. sold to Mrs. Langford who sold to W. C. A. Griffith.
Ques: Say at the time of the sale of Amonett heirs if any were minors or married women.
Ans: Nancy Amonett was the wife of Hall Holeman and all the others were minors.
/s/ J. S. Stone
Amos K. Tinsley, age 45. Am acquainted with Jo B. Roberts handwriting. He signed the notes for $582.66 dated August 1, 1861 and $500 dated March 11, 1861.
I am the administrator with will annexed of E. F. Langford and successor to Bennett Stone who was Executor. After my appointment I found the notes among the papers belonging to the estate.
I have known Mrs. Langford 30 years or more... character good... honesty...integrity.
Her husband E. F. Langford has been dead several years, man of good estate, left her a considerable property and she has managed the estate very well.
Jo B. Roberts married one of Mrs. Langfords daughters - his wife has two children. He was in the confederate army - became considerably demoralized... drank to excess and gambled.
Ques: Say what amount Jo B. Roberts and wife had coming from E. F. Langfords estate.
Ans: Nothing - Bennett Stone had made a settlement with them... $1720. Many debts were owed estate... if they can be collected she may get a small amount.
Ques: State what is one distributive share - what was paid to Nat Smith and wife.
Ans: It is not all collected. I paid Smith and his wife $15_0 [smear] and paid Wm P. Stone $1500 and took his receipt. They only claimed as much as Jo B. Roberts had received and I loaned them $200 and took notes for same.
RECEIPT [Submitted by Tinsley as Exhibit]: $1720, Celina, August 1st 1861. Received of Bennett Stone Executor of E. F. Langford deceased... our distributive share or - as the will provides and if it is more than my part I bind myself to pay back... make equal with other heirs.
/s/ Jo B. Roberts, s/s Florintha Roberts
Ques: Who is Florintha Roberts?
Ans: Florintha Roberts is a daughter of E. F. and Permelia Langford and was the wife of Jo B. Roberts. The Smith and Stone referred to by me married other daughters of E. F. and Permelia.
Jo B. Roberts was a nephew of Bennett Stone. He had lived with and clerked for Bennett Stone in his store. He [Roberts] was about 21 when he married. I do not believe he had sufficient estate to pay for the land... had no estate of his own. He had interest in a tract of land left by his father worth about $1000.
I believe he purchased the Kinderhook farm from Bennett Stone some time after he and Florintha were married.
I don't know the value of Jefferson Roberts, deceased estate. Jo B. was a son of Jefferson Roberts, a nephew of Bennett Stone and a grand son of William Stone.
/s/ A. K. Tinsley
W. H. Botts age 42. Am a practicing attorney in Jackson County, Tennessee... attorney for Mrs. Langford and W. C. A. Griffith.
/s/ W. H. Botts
William P. Stone age 23. I married Mrs. [Permelia] Langfords daughter, a sister of Jo B. Roberts wife.
Jo B. Roberts occupies the land in Texas as Mrs. Langfords tenant. She said she thought if he moved to Texas he would quit drinking... he would never do any good in this county with his associations here. I have lately removed from Texas to this county. While I lived in Texas I lived in an adjoining county to where Mrs. Langfords lands lie.
Mrs. Langford sold half the land to Nat Smith and proposed to sell me half.
I have been married 12 months the 4th day of this month - I left Jackson County for Texas in March last and got back to Gainesboro 19th August last with that exception I have been living at Gainesboro since my marriage.
I was on Mrs. Langfords land in Texas - 400 acres, worth $10 an acre.
Land has risen rapidly in Texas since the close of the war. There was no floor in the house when Roberts went there, no fence but he has put up some. Some was in cultivation but had grown up in bushes. Raw land nearby is $.50 to $2.50 an acre.
/s/ W. P. Stone
?Esibinus Brown, age 28. Lived on Jo B. Roberts tract in 1865 and 1866. Jo B. Roberts got the rent corn in 1865 for his own use. In 1866 John Officer got it and fed it to his hogs.
/s/ E. Brown
Foregoing depositions certified by County Court Clerk 20 October 1861.
COPY OF DEED: J. B. Roberts to Pamelia Langford... land north side of Cumberland river on procters creek District 6, Jackson County bounded by... procters creek with its meanders... little procters creek... in Savages line now ?Call [or Cale/Cole] line... dower line of Mrs. Martha Amonette... bed of procters creek with its meanders to the beginning...
2nd tract... northeast corner of the cower... ?Coes spring branch north side of procters creek... near the Brink of a Cliff... Spears field... Savages line of 25 acre survey... Savages line of 65 acre survey... corner of Browns 100 acre survey... being 300 acres for $4500. 1st August 1865.
/s/ J. B. Roberts
ANSWER of Permelia Langford, Jo B. Roberts and William C. A. Griffith to Bill of Complaint of Luke T. Armstrong.
Respondent Griffith knows nothing, was not acquainted with co-defendants until fall 1865... knows nothing of debt which Roberts or the firm of Armstrong & Roberts owed. He bought the farm from Mrs. Langford. Respondent has been informed co-defendant Roberts is planning to remove to Texas. Respondent conveyed to co-defendant Langford 404 acres in Grason [Grayson] County, Texas. Respondent lives within one mile of Celina and did before he bought the land... wanted to trade.
Respondent Langford has no money or other effects of her co-defendant Roberts. Denies fraud.
Respondent Jo B. Roberts admits that he and complainant once were partners, denies liability of extent set out by Complainant, that he eventually plans to pay his debts but does not want to pay those of Armstrong. Complainant is insolvent. Respondent Roberts sold land not to hinder creditors but to pay debts.
/s/ W. C. A. Griffith, /s/ Pamelia Langford
DEPOSITION 13 December 1867:
Martha Jane Stone age 21. Gave deposition at house of her mother Pamelia Langford.
/s/ Mattie Jane Stone
ANSWER of Landon C. Armstrong and Landon W. Oglesby to cross-bill of Joseph B. Roberts [Details notes and debts on which judgment was recovered, no relationships given - mlj].
ANSWER of Joseph B. Roberts and Pamelia Langford to Bill of Complaint by Landon W. Oglesby and cross-bill of Joseph B. Roberts of Jackson County against
Landon W. Oglesby and L. Cross Armstrong, the former a citizen of the State of Texas and the latter a citizen of the State of Kentucky.
On 31 December 1860 Joseph B. Roberts executed to L. Cross Armstrong with Landon W. Oglesby as security two promissory notes... executed in the State of Tennessee.
BILL OF COMPLAINT of Landon W. Oglesby of Jackson County against Joseph Roberts and Permelia Langford. Complainant was security for Joseph Roberts, failed to pay, judgment was rendered. Believes sale of land was to avoid paying debt.
DEPOSITION of Mattie J. Stone. Her mother Pamelia Langford let Joseph B. Roberts have money several times... was on banks of this state [Tennessee], not confederate money.
/s/ Mattie J. Stone
BILL OF COMPLAINT of Landon W. Oglesby ?Senr, Stone Oglesby of Jackson County against
Jesse Savage and George Stone and James Stone of same County and William Stone who is a lunatic and Micajah Stone is general guardian, both of Overton County.
Orator on 10 October 1865 recovered judgment against defendant Savage before Robert P. Brown, acting J. P. of Jackson County for $405 and costs; $415.75 and costs. On 15 October, levied on land known as the Jack Black place on Proctors creek in Jackson Co. November term 1865 land ordered sold to satisfy judgment.
Orator charges that defendant Savage has no legal title to same but that he bought and paid for it. 50 acres purchased from defendant George Stone - for a description refer to deed from John P. Black to George Stone.
Defendant Savage purchased 100 acres from Bennett Stone and defendant George Stone - for a description refer to deed from John P. Black to Bennett and George Stone.
Orator purchased 89 acres from Bennett Stone - see deed from John P. Black to Bennett Stone.
Bennett Stone is dead. James S. Stone and Micajah Stone are his administrators. William Stone is his [crease; can't read - mlj] and he is a lunatic and defendant Micajah Stone is his guardian.
REPORT OF SALE 6 April 1869: Causes of L. W. Oglesby vs Jessie Savage et al and A. C. Kirkpatrick vs Jessie Savage et al. Land known as Jack Black place sold... Joseph Mulkie became purchaser, A. W. DeWitt is his security.
ANSWER of L. W. Oglesby of Collin Co., TX to cross-bill of complaint against him as surviving partner, firm of Stone & Oglesby [filed] by George Reeser & wife Nancy Reeser.
Respondent Oglesby says Jessie Savage bought land from George Stone.
Denies Bennett Stone made the trade. He Respondent made and closed the trade for their interest in the estate of W. C. Hamilton deceased.
Respondent wrote the deed, was engaged [busy - mlj] in the store and sent [Bennett] Stone to get the signature of John and Nancy Savage. The greater part of purchase money was in payment of claims John and Nancy Savage owed the firm of Stone & Oglesby. [Bennett] Stone had nothing to do with John and Nancy Savage making the trade... that he simply carried the deed to her for signing. Bennett Stone and wife Nancy Savage now Nancy Reeser.
Respondent presumes that said Nancy Reeser is a daughter of Wm Hamilton deceased but cannot answer positively...... Respondent says that he as surviving partner of Stone & Oglesby has never tried to enforce judgment against John Savage although John died justly indebted to Stone & Oglesby.
Respondent does not deny courts were closed during the widowhood of Nancy Reeser or that A. C. Kirkpatrick and Martha Stone have filed their bill against said land, knows nothing about contents or parties. 20 July 1875.
/s/ James W. McHenry & Lee & Baines in the answer
State of Texas, Collin County} /s/ L. W. Oglesby
ANSWER AND CROSS BILL of George Reesor & wife Nancy Reesor of Clay Co., TN to original Bill and Bill of Revivor filed in Jackson County by L. W. Oglesby, surviving partner of Stone & Oglesby.
It may be true judgment was obtained against John Savage... levied on land.
True Bennett Stone is dead, and at that time Wm Stone a lunatic was his sole devisee and Micajah Stone was his guardian. They admit Wm Stone is now dead.
Jesse Savage was never the owner of lands described formerly owned by Bennett Stone deceased.
Respondent Nancy was the daughter in law of defendant Jesse Savage having married his son John Savage before the sale of the Jack Black lands by Bennett Stone. She was the daughter of Wm Hamilton who died many years ago seized and possessed of a large tract on the north side of Cumberland river in what was then Jackson County, now the 2nd Civil District of Clay County on Proctors creek known as the W. C. Hamilton farm.
After her father's death Bennett Stone proposed to buy her interest. She didn't want to sell... her husband wished her to... promised proceeds would be applied to the purchase of the Jack Black farm, and that title should be made to her. B. Stone also made the same promises. B. Stone then owned the Jack Black farm and had been negotiating some time with respondent Nancy and her then husband John Savage for the sale to them and for the use of Nancy and her children or heirs.
Nancy received $600 [for her interest in Wm Hamilton estate]... was allotted two negroes as her portion of her father's personal property...
Before any deeds were drawn but after above payment was made, the war between the States arose.
Said John Savage joined the Army of the South and lost his life the latter part of 1862. Respondents [Nancy Hamilton Savage Reeser and George Reeser - mlj] intermarried during said war about the [blank] day of 18[blank].
Complainant Nancy and her former husband [John Savage - mlj] lived on said lands, that the same was their own.
Jesse Savage may have purchased the Jack Black land but never had any interest in the other land mentioned.
Respondents deny that complainants have any claim against her or the estate of John Savage.
The lands have been rented out the past several years.
At the time of Respondent Nancy's marriage to John Savage and at the time of her father's death and signing of her interest in her father's land she was a minor under age 21.
The war was raging when John Savage died and when she married George Reesor and courts were not open during her widowhood.
A. C. Kirkpatrick and Martha Stone have also filed bills seeking to sell land for Jesse Savages indebtedness.
Respondents file this as a cross-bill against Landon W. Oglesby, surviving partner of Stone & Oglesby, Jesse Savage, George Stone, James S. Stone, Micajah Stone, Jo B. Roberts, James ?P. Roberts, LaFayette Butler, W. L. Gates and wife Clarinda Gates, Wm M. Weaver & wife Ethalina Weaver, Henry G. Blewitt & wife Martha Blewitt, Elizabeth Hamilton, James A. Stone & wife Sarah Stone, Jacob W. Gates & wife Fanny Gates, G. W. H. Butler, John N. D. Stone a lunatic and George H. Morgan his general guardian, Francis M. Gaw & his wife Sarah Gaw, Martha Stone and the following minors Elizabeth Hamilton & George W. Hamilton, F. R. Hamilton an adult ["an adult" inserted above - mlj] and F. M. Gaw their general guardian and A. C. Kirkpatrick.
1 November 1873.
True to the best of their knowledge... owing to poverty unable to bear expense of this suit.
George [his X] Reecer
ANSWER of Elizabeth Hamilton, Ferdinand R. Hamilton and Geo W. Hamilton by their guardian F. M. Gates to Bill of Revivor of Landon W. Oglesby and Bill and Cross-Bill of A. C. Kirkpatrick against Jesse Savage, these respondents and others.
Admit death of Wm Stone and suppose the heirs are correctly set out... asks court to guard interest of minors.
BILL OF COMPLAINT of A. C. Kirkpatrick and Martha Stone citizens of Jackson County against Jessie Savage, John Savage and Geo M. Stone of Jackson County, Tennessee.
26 October 1861 Orator A. C. Kirkpatrick recovered judgment against Jessie Savage and John Savage. 4 October 1865 execution was issued, levied on land as property of Jessie Savage, who has no land except land on Procters creek adjoining the land of Jessie Savage known as the Jack Black place... 165 acres. 7 July 1866.
NOVEMBER RULES 1873, cause of L. W. Oglesby vs Jesse Savage, et al. On motion of George and Nancy Resor... appearing Jesse Savage is an old man born down with age... take depositions.
COMPROMISE AGREEMENT: First, attorneys get paid from accrued rents. Nancy Reesor to get half of all lands, free of present or future husband's domination and control and to pay half the cost of suit. L. W. Oglesby to get half in value of lands and pay half the cost of suit. 14 July 1875.
ANSWER of John N. Stone by his general guardian Geo H. Morgan to Bill of Revivor of L. W. Oglesby to original bill and cross-bill of A. C. Kirkpatrick and others. John N. Stone is one of the heirs of Wm Stone, deceased. 30 April 1872.
BILL OF REVIVOR of Landon W. Oglesby, surviving partner of Stone & Oglesby to Oglesby's original bill filed May 7, 1866 against
Jesse Savage, George Stone of Jackson County, William Stone who was at that time a lunatic and Micajah Stone his guardian who were at that time of Overton County, Tennessee.
Orator Landon W. Oglesby shows land in pleading was sold by court decree and Orator became Purchaser.
Since the sale Wm Stone the lunatic has died and following parties are his heirs to wit:
Jo B. Roberts, James B. Roberts, Lafayette Butler, W. L. Gates and wife Clarinda Gates, Wm N. Weaver and Ethaline Weaver all of the State of Texas;
Hensley G. Blewitt and wife Martha Blewitt, Elizabeth Hamilton, James A. Stone and wife Sarah Stone all of Kentucky;
Jacob W. Gates and wife Fanny Gates of Overton County;
G. W. H. Butler of Davidson County;
John N. [or W.] D. Stone a lunatic and George H. Morgan his general guardian, Francis M. Gaw & wife Sarah Gaw, Geo Recer and wife Nancy Recer, James S. Stone, Martha Stone wife of Bennett Stone deceased and three minors to wit Elizabeth Hamilton, Ferdinand R. Hamilton and Geo W. Hamilton and F. M. Gaw their guardian all of Jackson County, Tennessee;
Micajah Stone of Missouri -
these are the heirs of Bennett Stone and William Stone and the children and grand children of William Stone deceased except husbands of married women.
In order to perfect title it is necessary to bring parties before court...
ORDER: Came Geo Reesor and Nancy Reesor, moved for judgment against defendants to bill filed October term 1873. On 1 November 1873 defendants were to answer, have not done so. Therefore allegations of cross-bill taken for confessed as to Jesse Savage, Geo Stone, James S. Stone, Micajah Stone, Joseph B. Roberts, James B. Roberts, Lafayette Butler, W. L. Gates and wife Clarinda Gates, Wm M. Weaver and wife Ethalinda Weaver, Hensley G. Blewitt & wife Martha Blewitt, James A. Stone & wife Sarah Stone, Jacob W. Gates and wife Fanny Gates, John N. D. Stone and guardian Geo H. Morgan, Francis M. Gaw & wife Sarah Gaw, Martha Stone, Geo W. Hamilton, F. R. Hamilton and A. C. Kirkpatrick.
Geo W. Hamilton the minor has attained his majority since filing.
Death of Elizabeth Hamilton was suggested and proved in open court and she died without husband or issue.
BILL OF COMPLAINT of W. A. Overton of Jackson County against Jane Hawkins widow of Wayman Hawkins, John Hawkins, Burton Hawkins, Lousetta Hawkins, Eliza Hawkins, Samuel Hawkins, Grover Hawkins, F. B. Hawkins of Jackson County; Amanda Langford and her husband Daniel Langford, Elnora Phillips and her husband Robert Phillips of Overton County.
John Hawkins died intestate in Jackson County, Tenn a good many years back... owner of following land
1st Tract bounded east by W. A. Overton, north by Carroll Terry deceased farm, west by Bert Johnson, south by Marion Loftis being tract complainant now lives on.
2nd Tract in 9th District of Jackson County bounded east by Gentry, south by Allen, west by G. W. Chapman, north by Bert Johnson being 150 acres.
3rd Tract in 9th District of Jackson County bounded east by Overton and Poston, south by Elijah Smith, north by Jones [?Jonas] R. Reed and Greenwood, on the west by a conditional line, being 15 acres.
The said John Hawkins left the following his children and heirs: Amanda the wife of John Hawkins who has been dead about three years; Samuel Hawkins Sr., Henry Hawkins, Maggie Reed, Eliza Jane Minor, Martha Phillips and Wayman Hawkins who has been dead about 6 years and died intestate in Jackson County and each of said children had an equal inheritance from said father.
Wayman Hawkins left a widow as aforesaid [Jane] and his children are Amanda Langford and Elnora Phillips who have married since his death and John Hawkins, Benton Hawkins, Lousetta Hawkins, Henry Hawkins, Eliza Hawkins, Samuel Hawkins, Grover Hawkins his only children, all of whom are minors except the two who are married.
Complainant has purchased land and taken title to all shares except the Wayman Hawkins heirs who jointly own 1/6 interest. Land not capable of partition.
/s/ W. A. Overton
ANSWER: Heirs of Wayman Hawkins. Jane Hawkins states she was appointed guardian of minor children of Wayman Hawkins and is still except Amanda Langford and Elnora Phillips who since her appointment have come of age. September [blank] 1901.
DEPOSITION [No date, no signature].
Burton Johnson [No age given]. Live about one-fourth mile. John Hawkins died and left six heirs. Wayman Hawkins was one. He is dead, left ten children. Land worth $800-$900.
POWER OF ATTORNEY: I Grover Hawkins, appoint Sam Hawkins Jr.... accept and receipt money which may come from estate of John or Wayman Hawkins.
State of Arkansas, County of Stone} Grover [his X] Hawkins
Noah Whitaker age 50, live 9th District of Jackson Co., acquainted with parties and land. About ten years ago I rented from Marion Loftis. There was a piece of land outside his field belonged to Mrs. Overton. I asked her if I could plant it in tobacco... she agreed.
Ques: Did Amanda Overton deceased the mother of W. A. Overton and the widow of John Hawkins have a dower estate in the land of John Hawkins deceased.
Ans: She is widow of John Hawkins, mother of W. A. Overton, don't know about the dower.
/s/ N. H. Whitaker
Clay Masters age 45, live 9th District, Jackson Co. Marion Loftis had a survey made.
/s/ W. C. Masters
Asa Johnson age 73, live 9th District. Amanda Overton was my sister. I knew James Lynn.
Ques: Did James Lynn sell and convey the tract on the north of defendants tract to John Hawkins known as the suck hole mill tract.
Ans: Way I understood is he [Lynn] sold it to Jonas Flatt and Jonas Flatt sold it to John Hawkins... Think Lynn sold it to Jonas Flatt in 1855. The reason I know, I was married in 1855 and the next year I lived in the yard at John Hawkins and Jonas Flatt lived on the suck hole mill tract that year.
Ques: Has or not John Hawkins up to his death and his widow Amanda Overton held said suck hold mill tract since 1855 or 1856 up to the death of Amanda Overton and Complainant held it since her death with his brothers and sisters [until] complainant had it sold for partition...
Ans: When I moved there Jonas Flatt lived there. I dont know when Hawkins bought it. Might have [been] 1856 or 7.
Ques: Does the Suck Hole Mill tract and the 50 acre tract of defendant known as the Joel Lynn tract join each other...
Ans: Yes sir.
Amanda Overton was the widow of John Hawkins. She held part of the suck hole tract as her dower. John Hawkins was in debt and part of the suck hole mill tract was cut off and sold to pay debts and I think complainant's father Wm Overton bought the land at the sale.
Ques: Did John Hawkins leave minor children when he died.
Ans: Yes sir... youngest very small - might have been one or two years old. He had a son Henry - left the state of Tennessee before he became of age.
ADJOURNED to June 16, 1905:
[Sam Hawkins' deposition is a combination of poor spelling, handwriting and composition - mlj].
Sam Hawkins, will be 56 in November next. I am half brother to Complainant. John Hawkins was my father. He died August 1860.
Ques: Was Amanda Hawkins your mother and after your father's death did she marry Bill Overton father of Complainant?
Ans: Yes sir. She has been dead seven years last February.
Ques: State whether or not you know wh____ the ten acre tract that belonged to James D. Hawkins heirs at the time James Lynn made the deed to the 15 acres...
Ans: According to deeds the ten acre tract was down next to the ___ ____. W. A. Overton owns it now.
Mother got wood off of James Lynns 50 acre tract most every winter. Lynn was her Uncle.
A. H. Morgan deceased was administrator of John Hawkins estate and guardian of his heirs. We got some land in the 6th District that A. H. Morgan let be condemned for taxes for years 1865-6-7.
Ques: State whether your brother Henry Hawkins left the state while a minor and has been back for a visit.
Martha Hawkins, youngest heir of John Hawkins was born 1859.
Ques: At the time Anda [sick] Chapman taken possession of the 50 acre tract that Defft now own was or not Henry Hawkins decd [or dead] child was their a minor then living out of the state.
Ans: Yes sir.
Henry Hawkins lived in Texas. Only about three years, 1880, 1881 and 1882 were there no minor heirs [involved] in John Hawkins' estate.
Ques: Since James Lynn died, who has owned the 50 acre tract.
Ans: James Lynn let John Gipson have it. It was sold at Gipsons sale and Andy Chapman bought it. Chapman sold it to Joe Loftis and Joe sold it to defendant.
/s/ Sam Hawkins
Polly Ann Smith. I am 60 somewhere I don't know exactly my age - I know I am as much as 63 any way. I reside in the 9th District of this county, know parties to suit...
Ques: Do you know the land in litigation between Overton and Loftis.
Ans: We lived there in 1861 or 1862.
Ques: What was your name before you married and who was your mother.
I was a daughter of Malinda Green. We lived there two years and it [the land] lays on this side of the river from the Ben Chapman place that is where Loftis lives now.
DEPOSITION 19 September 1905:
W. A. Overton. Have given deposition.
Ques: State whether you have a deed from Walter French and wife Ann French to their interest in the John Hawkins land and who are they...
Ans: I have the deed... Anny French is a daughter of Henry Hawkins deceased. The reason I have not filed it sooner I had to send it back to Ark to have the acknowledgment ?corrected. I will file it as requested.
/s/ W. A. Overton
DEPOSITIONS April 5, 6 & 7 until complete:
R. N. [Bob] Allen. I was borned 22 day of January 1817 going on 89, live Jackson County 9th District. Knew Charley King & Bob Nelson - they are both dead.
Ques: Did you ever see a deed from Sam Curtis to Charley King covering land now owned by Jessie Allen and W. A. Overton known as the Leander Allen place.
Ans: I saw a deed from King to Bob Nelson for this land and Bob Nelson give it to me to carry to John Gipson Redgister [sic; Jackson Co. deed registrar - mlj]. It showed this was the land.
Ques: Did you give the register that deed before the court house burned.
Ans: Of course I did. [No signature or mark - mlj]
W. S. Jackson age 36, live 12th District Jackson Co. Am a practical surveyor, been County Surveyor several years. Surveyed the land 3 or 4 times for Mr. Overton and also Mr. Loftis - surveyed for Mr. Loftis using the Joel Lynn grant. When I surveyed for Overton, I had the title bond from John C. Hawkins to James Lynn.
/s/ W. S. Jackson
Isaac Hix. I do not know my age. I am about 82 or 83 years old, live 9th District Jackson Co., know parties.
Jesse Allen showed me two corners, one at the upper end and one at the lower end. [Objected to because Allen not shown to be dead].
Jesse Allen owned the land. The river runs different in some places than when Allen lived there.
Ques: Do you know land adjacent defendant Loftis known as the Leander Allen land if so who all owned it before Leander Allen?
Ans: Austin Morgan entered and sold it to Sam Curtis and Sam Curtis let Charley King have it and Charley King let Bob Nelson and Bob Nelson let Jesse Bob Allen have it I think.
I lived across the river opisite [sic] the land [when Allen showed me the corners]. That was in 1846. I have lived some 4 - 5 miles since.
ADJOURNED, RESUMED April 6, 1905.
The house was on the land that deft Loftis now owns. I had a conversation with Jessie Allen
he owned the land at that time.
Ques: Was this conversation with old man Jessie Allen or young Jessie Allen.
Ans: It was with the old Preacher the land belonged to him at that time. It was 1846.
Isaac [his X] Hicks
Joshua Young. I will be 82 in next month. Know parties, known land since 1852. James Lynn deceased owned all the land on the North (this) side of the river. My recollection is land was cleared and fenced before [John] Hawkins died.
I lived across the river from Morgans 8 or 9 years. About 1852 Ben Chapman pointed out the corners of the James Lynn land.
Ques: State whether you were present when Dent Moore ran a line known as the Catherine Hawkins entry.
Ans: I was along - don't know what papers they used...
John Hawkins owned the Catherine Hawkins land. I don't know who owned the Leander Allen land at that time.
...The land was then known as the Catherine Hawkins 100 acre tract. I live 1 1/2 or 2 miles from the land in dispute.
Joshua [his X] Young
W. J. Terry. I am in my 63rd year, live near Gainesboro, know land and parties - known land over 40 years. I was a chain carrier for W. S. Jackson on 5th April.
I helped James Lynn build the string of fence up on the low ridge the Defendants north boundary. Press Lee remarked to James what if you get over on Amanda Overtons and he said they fenced some of mine and I have never kicked and I do not think they have any right to kick - that land is not worth a law suit. It was since the ... civil war 1861-1865.
ADJOURNED, RESUMED April 7, 1905:
Amanda Hawkins was the widow of John Hawkins - think the land was allotted to her as dower.
Ques: State whether or not James L. Young is a brother to Will & Zeb Young who recently had a difficulty with complainant and one of complaints attorneys.
Ans: Will & Zeb Young have recently had a difficulty with complainant and one of his solicitors. It is my understanding that a bad state of feeling exists between the parties.
My understanding is that Jim L. Young lives in Talleys hollow between Zeb and Will Young... it is a very rough hollow an out of the way place about five miles from Gainesboro.
W. W. Draper wrote the answers to my deposition. He represents Loftis.
W. J. [his X] Terry
Andy Lynn. I am 73 years old tomorrow. I live on Mill Creek in Clay Co., know parties. I was raised close by the land and have known it all my life. I lived on Hoppers Creek when my brother James Lynn owned it, within 1 1/2 mile. I moved from there the year he sold it. He owned both tracts [where complainant and defendant now own, which adjoin - mlj]. A sycamore on the bank of the river was the corner.
Ques: Besides James Lynn, who showed you the sycamore corner.
Ans: I think old Joe Flatt.
/s/ A. Lynn
DEPOSITIONS 18 July 1905:
John H. Chaffin age 60, am Clerk of the County Court. The court house and records of C & M were destroyed by fire 14 August 1872, no records back of that date. If there is a record of assignment of homestead & dower of Amanda Overton, widow of John Hawkins... cannot find it.
/s/ J. H. Chaffin
N. B. Young age 62, am J. P. 1st District of Jackson Co., live Gainesboro. Know defendant F. M. Loftis. The court house at Gainesboro together with all records except those of the Chancery Court were destroyed by fire on the night of the 14 August 1872.
/s/ N. B. Young
REQUEST FOR WARRANT: F. M. Loftis makes oath... about April 1, 1904, W. A. Overton... did... destroy fence enclosing land... where F. M. Loftis now lives adjoining land of Burton Johnson, W. A. Overton, Diberall Lee and others... [asks for arrest warrant]. 21 Apr 1904.
/s/ F. M. Loftis
NOTICE TO SHERIFF: 9th District waters of Roaring River adjoining Burton Johnson, Diberell Lee, Roaring River and others where F. M. Loftis lives on land purchased from Joe Loftis... Summons W. A. Overton to appear... 21 April 1904.
DEPOSITIONS September 16, 1905:
John Phillips age 60, live Overton County. Know parties and land.
/s/ John Phillips
R. N. Maybry age 54, live 9th District, Jackson Co. Known land ever since Malinda Green lived on it, up here, before or about the war... she lived on the James Lynn 50 acre tract.
Ques: What relation is J. H. Loftis to Defendant Loftis.
Ans: I recon [sic] he is his nephew.
Ques: Did or not Amanda Overton get wood off of the James Lynn land while James Lynn, John Gipson, Andrew Chapman and J. A. Loftis owned it.
Ans: I don't know she got wood off of the point up here, I just thought it was her land.
R. N. [his X] Maybery
Henry Johnson age 31 years, live at my fathers on Roaring river, know parties, have been on the land in controversy.
Know J. H. Loftis... heard a conversation between J. H. Loftis and W. A. Overton - Harrison said he didn't mark any line... Will Overton said you marked trees...
Ques: Were J. A. Loftis and old Harrison Loftis known as W. H. Loftis along... conversation between Overton and J. H. Loftis.
Ans: No sir...
Ques: What relation are you to deft Loftis.
Ans: Brother in law.
/s/ Henry Johnson
ADJOURNED September 18, 1905, resume September 19, 1905:
Leander Allen. I was born in 1857. I live in the 3rd District, Overton Co, know the land, formerly owned the Leander Allen tract.
Ques: Did you sell part to John Webb.
Ans: I sold to him... could not tell when. John Webb has been dead 11 or 12 years. They all said John Webbs widow let John Lee have it.
Ques: What did John Lee do with the land he got from Sarah Webb?
Ans: I suppose he let the old man Gentry have it.
I sold the remainder of the farm to W. A. Overton - don't remember the date.
Ques: Was it some time in April or May last year 1904?
Ans: Just could not say.
I told [Overton] to write the deed from a copy I had got from Jessie Allen.
Ques: Did John Webb leave any children at his death... were they over or under age 21 or under age 21 now.
Ans: I supose [sic] he left children some is living and some dead - suppose some of them was under 21 years old at his death and Stephen might be under 21 now.
Ques: ... copy of deed from Jesse Allen to you dated Jan 2, 1883... did Artemissa Allen sign that deed to you... Jesse Allen and wife?
Ans: She said when the clerk to take her ___ that if the title to the ___ tract ___ she was willing to sign and acknowledge it. [Squeezed in margin, much not legible - mlj]
/s/ Leander Allen
DEPOSITION 19 September 1905:
John J. Gore, occupation lawyer, age 31, represent F. M. Loftis. The copy of deed to the 15 acre tract, James Lynn to John Hawkins known as suck hole mill tract disappeared from his grip [luggage - mlj] in his hotel room at Cookeville before a trip to Nashville.
/s/ John J. Gore
DEPOSITIONS 20 August 1905 at the residence of Gail Berry 9th District:
Gail Berry, age 75. Known land since 1858. There was a rock fence running from the lower bottom back to the hill... rock fence... is still there.
/s/ Gale Berry
W. C. Reed age 55. Was on the land when I was a little boy before the war. Went this morning, looked at the fence which runs across the lower end of Marion Loftis field.
Went up there before the Civil war with my brother Nim Reed to cut some cedar to make Bows to shoot arrow. Old man Meeks was tending the suck hole mill, don't know if he owned it.
W. C. [his X] Reed
W. C. Terry age 60. Was raised on land owned by James Lynn known as the Joel Lynn 50 acre tract... known 55 years.
The poplar known as the southeast corner of the James or Joel Lynn land stood right in front of my fathers house.
Question: Is your father and the other old people who told you this was the corner living or dead.
Ans: They are dead.
/s/ W. C. Terry
W. J. Terry. Am the same W. J. Terry who has given a deposition. I am a brother of W. C. Terry... we were raised together.
W. J. [his X] Terry
W. C. Morgan age 61. Was raised in Jackson county on Roaring river about 1 1/2 miles from here. Lived on the land in 1866 and cultivated it.
There was an old rock fence there and it seems to be at the same place where it stood then. I cut brush and put on the fence to keep Mr. Chapmans cattle out he lived here where Marion Loftis now lives.
/s/ W. C. Morgan
G. W. Morgan. Will be age 70 in next September. I am the brother of W. C. Morgan.
G. W. [his X] Morgan
John S. Burris age 68. Known land 47 or 48 years.
Ques: Did you before the Civil War do any work on the place...
Ans: Me and Ike Hicks swoped [sic; swapped - mlj] work and we made some rails over on the face of the hill above the Bottom.
The first time I noticed the rock fence John Hawkins was alive. Jim Lynn had possession.
John S. [his X] Burroughs
Nimrod Reed. The best record I have of my age I am [?]7 [smear] years old. I was at the old suck hole mill when it was standing... was a boy about 9 or 10. My father was running a still at that time and I was there after meal.
Nim [his X] Reed
MEMORANDUM FOR DECREE: Cause of W. A. Overton vs F. M. Loftis, Complainant failed to make his case.
CROSS-EXAMINATION of Nim Reed:
Ques: How many drinks of liquor did you take at Loftis before you gave your deposition...
Ans: I never paid any attention... never counted.
Ques: Wasn't it white whiskey?
Ans: Couldn't tell... me and another fellow was there and he had a half pint maybe... next day he had some white liquor and it was might good, too - just like some I got that morning at Mr. Overtons and I taken it to be the same whiskey.
Ques: You said W. C. Reed was not there on Tuesday... that you and Campbell Reed looked at the property...
Ans: I didn't say me and Campbell Reed, I said Campbell...
Ques: Didn't you say me and my brother looked at the property...
Ans: I didn't say we looked together...
Nimrod [his X] Reed
John S. Burris. Have given my deposition. Visited John Hawkins the day before he died. Jim Lynn lived where John Hawkins died.
John S. [his X] Burris
DEPOSITIONS August 11, 1905:
Martin Scott age 61 or 62, live 9th District. Know parties and where Bill Overton and Marion Loftis live. A mill once stood between where Complainant and Defendant live called the sink hole mill an old gentlemen by the name of Meeks kept the mill.
Andy Chapman came to my house last Sunday I wasn't home old man Coffee and Jerry Scott was there. Somebody left some whiskey at my gate.
I was very small when I went to the sink hole mill. I think my father lived at Morrisons creek some 3 - 5 miles from sink hold mill.
Ques: Did Jeff Loftis run a mill on Morrisons creek... nearer your father...
Ans: Jeff Loftis had a mill on Morrisons creek... would get behind sometime and we had to go to the other mill.
Ques: What kin is Bill Overton to Sam Hawkins?
Ans: I reckon they are half brothers.
Martin [his X] Scott
Sam L. Johnson age 61, live 6th District. W. A. Overton is my nephew. I think John Hawkins died in 1860. When Hawkins died Bill Johnson lived on the James Lynn 50 acre tract now owned by defendant Loftis. Bill Johnson was my brother and Hawkins was my brother in law and he was Bill Johnsons brother in law also.
John Hawkins owned the 15 acre tract, rented to Ben Bailey.
Ques: How long has John Hawkins been dead?
Ans: 1859 or 1860.
Ques: How many children did he have?
Ans: Don't know without counting up; Sam Hawkins, Henry Hawkins, Wayman Hawkins, Eliza Jane Hawkins who married a Minor and one that married a Reed and one that married a Phillips - think her name was Martha.
The oldest he was 12 or 15 when John Hawkins died, the youngest about one or two.
Ques: Did Henry Hawkins leave the state before the death of Bill Overton in 1872?
Ans: I would state that. He had been gone a good while. Been 8 - 10 years since he returned on a visit.
Ques: Had not Martha Hawkins married Jake Phillips when defendant Loftis took possession of the 50 acre Joel Lynn land?
Ans: Couldn't tell...
First one I recall living on the James Lynn 50 acre tract was Joe Lynn, next James Lynn, widow Green, William Lynn, W. C. Morgan, Alvin Hensley... think widow Lynn lived there during the war.
James Lynn was not married when I first knew him living on the 50 acre James Lynn tract.
When I was five I lived at the Jim Terry place.
Ques: Did not you live about one mile above there at what is known as the John Terry place.
Ans: Couldn't say whether it was there, or at the place I was raised, at the age of five years.
/s/ W. C. Terry
G. W. Morgan. I previously gave deposition. I am the son of A. H. Morgan, who was administrator of John Hawkins, deceased and guardian for heirs.
Ques: You said in your deposition the land had been tended 53 years... by who...
Ans: Cambell Morgan, Marrion Morgan, Will Terry, James line [sic; probably Lynn - mlj], old Thomas Bally [sic; probably Bailey - mlj].
James Lynn married there before the war. He built the rock fence.
Ques: State if you have been to see Bransford Morgan to see what they would say...
Ans: No sir.
Ques: What relation are you to defendant Loftis?
Ans: We are cousins and I am a half uncle of his wife.
G. W. [his X] Morgan
W. C. Morgan [No age].
Ques: What relation are you to defendant [Loftis].
Ans: We are cousins, also nephew by marriage.
I live about 16 miles from the land in dispute in an adjoining county. Been about 30 years since I lived in the neighborhood of land in dispute - about 22 since I lived close to it.
Ques: Wasn't there a fresh [flood] in Roaring river in 1865 that washed fence down and covered them with leaves and mud.
Ans: I was in Georgia at that time.
Ques: You saw the signs when you come back...
Ans: Yes Sir. Badly too. J. M. Johnson put me across the mouth of Spring Creek when I got back the river hadn't gone down.
Ques: What relation are you to complainant Overton.
Ans: We are third cousins I reckon.
/s/ W. C. Morgan
Charley Taylor age 34, live 6th District Jackson County. Worked the tract that belongs to deft Loftis for Andy Chapman. Worked for and lived with Amanda Overton.
Aunt Mandy said Andy had a part of her bottom fenced and that is why she got wood out of his land.
Ques: Aunt Amanda just said Andy Chapman had part of her bottom fenced... and that is all you know?
Ans: Yes sir.
/s/ Charley Taylor
Nathan Webb age 33, live 6th District. I was told by Josh Mayberry, Old uncle Jesse Allen and my father (I think Mr. Allen was along) that there was a corner up there.
/s/ N. B. Webb
Tom Davis age 52, live 9th District. Lived at Will Overtons going on two years. I tore the fence down, helped Overton put it back after the suit was filed.
Thomas [his X] Davis
G. D. Lee age 35, live 9th Dist. Know parties and land.
/s/ G. D. Lee
C. C. Ellin [sic; Allen - mlj] age 61, live 9th Dist. Lived by the land 15 - 16 years, known it all my life since I was a boy.
Ques: Your father sold both the 50 acre and the 15 acre tract at the same time did he not.
Ans: I don't know... don't know who he sold to...
C. C. [his X] Allen
W. A. Overton age 39, live 9th Dist. I am a son of Amanda Overton. She died February 15, 1898. My understanding from my half brothers she was a widow of John Hawkins.
ADJOURNED TO July 24, 1905:
Ques: How many heirs did John Hawkins have at his death.
Ans: Am told there were six, were Samuel Hawkins, Henry Hawkins, Wayman Hawkins, Margarett Hawkins married Harvey Reed, Eliza Jane Hawkins married W. C. Minor, Martha
Jane Hawkins married J. C. Phillips.
Eliza Jane sold her share to Sam Hawkins 24 December 1884... by deed. M. C. Reed is also an heir of John Hawkins she joined in the same deed.
Henry Hawkins died and left a child Annie who was a minor.
Wayman Hawkins is dead. He has ten children, Amanda married Daniel Langford, Elnor married Robert Phillips, John Hawkins, Benton Hawkins, Lusetta Hawkins, Henry Hawkins, Lizzy Hawkins, Samy Hawkins, Glover Hawkins, Frank B. Hawkins, I think the last eight named were parties to the bill filed as Exhibit D to my deposition.
I have a deed from Anna French. She is a daughter of Henry Hawkins deceased and is his only heir. She is a grand daughter to John Hawkins.
Ques: Who owns the tract known as the Catharine Hawkins tract.
Ans: I do.
Ques: Did you not last year claim the defendants land on top of the hill or a part of it and have his 12 year old son arrested for trespassing on it.
Ans: No Sir I did not claim it. I did not have his son arrested it was another fellow had him arrested.
Burton Johnson claimed the land but Lum Vaughn had the boy taken up. Vaughn was working for me at the time and I told him to have him arrested... furnished Vaughn a horse to ride to town when he swore out the warrant. I did not pay Vaughn for his day's work that day.
In 1896 James Lynn owned the place where Mrs. Hessie Whitaker now lives. At that time J. P. Whitaker owned the land known as the Carroll Terry land.
Ques: Did you ever get a deed from Thomas Lynn a son of James Lynn?
Ans: I got a deed from Tom Lynn - not sure if it was from Curtis or Crocker - for the 15 acre suck hole tract.
I have been told Joe Flatt purchased from James Lynn, failed to pay, Lynn took it back and sold to John Hawkins.
Ques: Did John Webb have any children at his death... under age 21.
Ans: John Webb left grand children, don't know how many. Some under 21.
Leander Allen had sold the disputed land to John Webb and John Webb let John Lee have it and John Lee let Martin Gentry and Polly Gentry have it and they let Dibrell Lee and Dora Bockman have it.
When me and Loftis ran our lines I discovered that their land cut me off from the river... and I asked Lee to make me a deed and he said title was in Leander Allen. I purchased from Lee and Leander Allen and wife made me the deed.
/s/ W. A. Overton
DEPOSITIONS September 13, 1905:
J. H. Loftis age 31. Live Spring Creek, 9th District. Know lands and parties, surveyed the south, west and north boundaries about 13-14 months ago. W. M. Overton, F. M. Loftis and myself surveyed the south and west boundaries by Joel Lynn's 50 acre Grant. I made a study of surveying about 14 years, have right smart practical experience.
Overton said his mother always told him the poplar stand on the bank of the river... the line went to the river... Loftis said Sam Hawkins told him the line went out into Overton's bottom... they started disputing each other... got heated... cursing each other.
Marion Loftis, Noah Morgan and John Lynn and T[om] M. Berry came to see the rock fence.
[Following documents were submitted by J. H. Loftis as Exhibits]:
J. A. Loftis and wife to F. M. Loftis dated Feby 15, 1892.
Andrew Chapman to J. A. Loftis (called in the deed Austin Joe Loftis) dated Dec 5, 1895.
Title Bond from Andrew Chapman & wife to Joseph Loftis dated Nov 28, 1897.
Deed from J. M. Morgan to Andrew Chapman dated Dec 7, 1895.
Ques: Were you in Cookeville for the Congressional convention last year when M. G. Butler was nominated as candidate for Congress?
Ans: Yes... 14 July 1904.
The writing of 1894 was an oversight, a slip of the pen... intended to write 1904.
Ques: Have you examined the deed from Wm Barton Allen dated October 17, 1849?
Ans: It covers the Joel Lynn and James Lynn tract. The deed from James Lynn to John M. Gipson dated Aug 5, 1878 covers the Joel or James Lynn tract.
/s/ J. H. Loftis
ADJOURNED, resumed September 14, 1905:
W. T. Acree age 40. Have followed surveying more than seven years. Know parties and land, recently surveyed part.
/s/ W. T. Acree
Asa Lynn age 68, live 11th District, raised 2 1/2 - 3 miles from land in controversy. James Lynn who formerly owned the Joel Lynn tract was my uncle. He said he fenced it, been across lower end of the field 50 years or more... rock fence with rails above. Think uncle James Lynn bought it from old Jessie Allen.
James Lynn was older than me by six or eight years.
I live about 17 miles [from the Loftis place]... moved away in 1878.
Ques: What relation are you to defendant Loftis?
Ans: My wife and Loftis is own cousins. He married my niece.
Ques: What relation are you to the Complainant Overton?
Ans: His mother and my mother were half sisters.
Ques: Who lived on the James Lynn 50 acre tract when John Hawkins died.
Ans: Couldnt say
Ques: Didnt Bill Johnson live on it when he started to Arkansaw [sic] in 1860?
Ans: I sorter believe he did.
Ques: Didn't John Hawkins die just before Bill Johnson started to Arkansaw?
Ans: I dont recollect.
Ques: Who all lived on that land?
Ans: ... I think Campbell Morgan at the end of the war or winding up of the war... Marion Morgan and I think Will Lynn.
/s/ Asa Lynn
DEPOSITIONS August 15, 1905
T. G. Smith, age 63, live 1st Dist. The rock fence was there ever since I come out of the Army in May 1865. After the war I lived on the Putty farm now the widow Lynn farm for two years. I lived then on the Labe Loftis farm one or two years then 1869 I moved to the Gray farm down the river for one year... Campbell Morgan lived on [land in dispute] think 1865 or 1866. I stayed all night with him.
Ques: Do you know the Church house on Roaring River known as the Harbor?
Ans: It is above the Loftis land. I have been to said Church a great many times. I have served that church as paster [sic].
I have been moved from the settlement since the fall of 1870... about five miles from where I lived in 1870.
I lived nine miles away one year then moved to the Free State - suppose then I was 11 miles from there.
Ques: During the war of 1860s Gaile Berry was not in this country was he?
Ans: I can't answer... he was here in 1866 and went to school to me.
/s/ T. G. Smith
John Lee age 50.
Ques: Did you ever own the land now claimed by Overton known as the Leander Allen and John Webb land?
Ans: Yes... bought it from Sarah Webb and the heirs. They never made me any deed. Leander Allen and wife had made John Webb a deed but it never had been acknowledged and they went to Leander and he said he would make me a deed if they would give up their deed. I sold the land to Mary Gentry and went to Leander and he agreed to make Mary Gentry a deed. I took possession of the deed Leander had made to John Webb. I lived there three years and maybe four.
W. A. Overton came by my house last June a year ago and said he had bought the land from Dibrell Lee and Dora Brockman and I gave him the deed.
Ques: Was Sarah Webb the widow of John Webb.
Ans: Yes Sir. I bought the land from Sarah Webb and heirs 27 Feby 1896.
Ques: Have you bought shares of Leander Allen land - now own an undivided interest?
Ans: Yes Sir.
Ques: Did Sarah Allen the wife of Leander Allen sign her name [to the Webb deed].
Ans: Her name was on the Webb deed but she never signed my deed.
Ques: What relation are you to defendant [J. M. Loftis]?
Ans: He is my brother in law he is my wife's brother.
/s/ J. W. Lee
Thomas Lynn age 51, know land and parties to suit.
Ques: Who was your father?
Ans: James Lynn.
I was born on the 50 acre tract that Complainant and defendant are lawing about. Father died about 1878 or 9.
Ques: To refresh your recollection did he or not die 1888 or 9 instead?
Ans: It was my mama I was thinking about when I said 1878 or 9. I don't remember exactly when my father died... several years after my mother.
Ques: When did your father move off this 50 acre tract to Hoppers Creek.
Ans: About 1859 or 1860. I was a very small boy when John Hawkins died - think I lived on Hoppers Creek.
I was my father's Administrator and wound up his estate.
/s/ Thos Lynn
John Berry [No age].
Ques: Did Loftis tell you he wanted to make a witness out of your brother Tom?
Ans: No... if he did I wouldn't have gone up there.
/s/ J. S. Berry
ADJOURNED to August 17, 1905:
Jesse Hooton age 72 years and 5 months.
First knew the land in 1853, looked at it in 1854 with a view to buying... James Lynn owned it.
Ques: Are you related to deft F. M. Loftis?
Ans: No sir.
Ques: How old were you when you were looking to buy?
Ans: 21 or 22, was not married at the time. Dont know if James Lynn was or not. He was living in a cabin at the upper end.
I learned from Polk Ellis I would have to make a statement... wasnt able to ride... Warren Morgan brought me down in a buggy.
John Hawkins was living in 1854. I think he died some time after 1860 - 62 or 63. I am a farmer and minister of the Gospel. Have been a minister 21 years.
/s/ Jesse Hooton
CROSS-EXAMINATION of W. A. OVERTON August 16 & 17, 1905:
Ques: Did you not have a dispute with your Aunt Hessie Whitaker... contracted to sell cedar timber...
Ans: No sir...
Ques: Have you not been in a dispute with Sarah Hawkins wife of your half brother Sam Hawkins over a little piece of land?
Ans: No sir...
Ques: State whether Martha Hawkins had married Jacob Phillips and was married at the time Loftis... enclosed in his fence the lands in dispute.
Ans: Yes... she was married...
Ques: Who did Catherine Hawkins marry... is it not the reputation she married Joe Lynn?
Ans: Yes... [I have] the deed made to James D. Hawkins heirs. It conveys four tracts: Two of 10 acres, one 37 1/2 acre and one 5 acres he [Joe Lynn] is not the maker of it but is guardian of James D. Hawkins heirs and Katherine Hawkins was a widow of James D. Hawkins and I was always told that he married her.
/s/ W. A. Overton
W. S. Jackson [No age]. Joel Lynn received Grant No. 5186, surveyed in 1835, grant 1837.
Catherine Hawkins had Grant 6863, 100 acres.
Austin Morgan had Grant 77114 from the State.
Ques: Is Asa Johnson who located the place where the river used to run living or dead?
Ques: If Asa Johnson was 72 years of age last November how old would he have been at the date of the survey in July 1835?
Ans: He liked 4 months being three years old.
F. M. Loftis owns the Joel Lynn 50 acre grant and W. A. Overton owns the Catherine Hawkins 100 acre grant.
/s/ W. S. Jackson
DEPOSITIONS August 19, 1905:
J. M. Morgan age 71, live Roaring River 1st District. Was a lawyer many years, not much in practice for several years past. Was C & M of this court one term, assistant Quartermaster in the Confederate army, have considerable experience in translating handwriting. The deeds you show me were all acknowledged by Sampson W. Cassetty:
Deed in Trust, Mathew R. Morrell to Wm P. Witcher for benefit of Geo M. McWhirter May 10, 1852.
Deed in Trust of Wm Malone to Pinkney McCarver for the use of L. A. McCarver [?] Sept 1859.
John Lee to Wm R. Kinner 1 Sept 1859.
Wm Wood to Mathew Beal 2 Mar 1855.
J. B. McCarmack to Peter Kerkendal 19 Feb 1846, acknowledged 6 March 1848.
Andrew Lynn to A. H. Morgan 2 December 18?5 [writeover] and acknowledged Dec 3, 1853.
Title Bond John McDonald to Wm McDonald 25 April 1848 acknowledged Nov 11, 1851.
Deed in Trust John Davis and Jonus M. Wolf to Henry Richmond for use & benefit of C. C. Rice 4 Aug 1851.
John G. Russell to Jonus Moss 22 September 1851.
Deed in Trust Joseph Law to Willis Cornwell for the use and benefit of L. H. McCarver 27 March 1852.
S. W. Cassetty died soon after the war.
Ques: Are you related to either Complainant or Defendant?
Ans: Deft Marion Loftis and I are first cousins his mother and my father were brother and sister. If Complainant and I are related I dont know it.
Ques: Whose handwriting is Exhibit G, of W. A. Overton's deposition?
Ans: I take it to be the handwriting of my uncle A. H. Morgan.
Handwriting on Exhibit D to my deposition is Daniel M. Morgan, deceased (my father).
/s/ J. M. Morgan
N. B. Young age 62, occupation lawyer [Testifies to handwriting on above deeds - mlj].
/s/ N. B. Young
J. A. Williams age 67, live Gainesboro, am a farmer and banker. Been a Cashier at Bank of Gainesboro sixteen years [Testifies to handwriting].
/s/ J. A. Williams
J. C. Reeves age 38, live Gainesboro, am assistant Cashier, Bank of Gainesboro for about four years [Testifies to handwriting].
/s/ J. C. Reeves
W. R. Poston age 36, live 6th District, occupation Merchant. Am a Notary Public. Leander Allen signed his name to the deed and I signed his wife Sarah's name for her.
/s/ W. R. Poston
G. W. Chapman age 53, was born 1852, live Roaring River about four miles from here. When I first remember the land, James Lynn had possession.
Ques: How long did you live in the house in which Marion Loftis now lives and where you were born?
Ans: I lived there until I was about 20 years old.
Ques: Is Roaring river a navigable stream?
Ques: Do you remember when Ben Bailey and George Lee lived on the suckhole place?
Ans: Don't know as I do...
G. W. [his X] Chapman
SETTLEMENT 8 July 1902... heirs having been notified. Amount due estate since last settlement July 20, 1895, Admr Set Book C p. 364 $548.19 plus int. of $228.79.
Receipt from J. M. Maberry $26.70, L. L. Maberry $35, Note on H. J. Maberry...
Wash tub in hands of widow...
Judgment vs Webb Maberry
SETTLEMENT 20 July 1895, last settlement made August 24 1894... Widow S. B. Maberry - her distributive share...
AGREEMENT TO MAKE FINAL SETTLEMENT January 9, 1908. M. M. Owen as Administrator and the undersigned heirs of W. J. Maberry.
/s/ M. M. Owen
/s/ L. L. Mayberry
/s/ L. M. Mayberry
SETTLEMENT August 18, 1893, Wills, Administrators & Set Book C pps 239-242.
BILL OF COMPLAINT of Elizabeth F. Nemore against Robert Nemore. Married in Jackson County about 10 years ago. Deft cruel and inhumane... forced to withdraw... failure to support.
Last September he drew a chair on her and threatened to kill her with it... if not for a little girl who lived on the place would have hit her... Called her a damned old gray headed bitch... charged her with infidelity... accused her of exposing her person and of allowing another man to feel of her privates in the presence of her (complainants) mother and her sisters little daughter and others.
Own about 30 acres known as the Moore place adjacent the Roberts place in 1st District [lists personal property]. 27 October 1899 [Bill including signature typed - mlj].
BILL OF COMPLAINT of M. L. Netherton of Jackson Co., TN against W. J. Netherton of the State of Alabama. Married Jackson County 17 May 1899, together one year three months, he abandoned her for parts unknown, since learned he drifted to Alabama. Issue of marriage one boy age two last February named Clem_ _ C... asks he be decreed to her.
NON-RESIDENT NOTICE published "Gainesboro Sentinel" 4 Sept 1902.
PETITIONER asks bill be filed, she restored to maiden name of Davidson. 13 August 1902.
Masura [her X] Netherton
BILL OF COMPLAINT of Evaline Newberry of Jackson Co., TN against John A. Newberry of Monroe County, KY. Married in Monroe County, KY 19 June 1899... husband and wife about three months, he abandoned her. She has been a resident citizen more than two years before filing. Owing to poverty she is unable to bear expense. 24 January 1902.
/s/ Evaline Newberry
DECREE: Defendant failed to appear... allegations taken for confessed 21 Sept 1893. Complainant and defendant married in Jackson County about 1867. About 1877 defendant abandoned... bonds of matrimony dissolved... she be restored to rights as single woman.
BILL OF COMPLAINT of Jane Norris of Jackson County, TN against A. J. Norris of Putnam Co., TN. They were married in Jackson County 1867, he abandoned her in 1875... had to struggle alone for support the last 16 - 17 years [No children or maiden name mentioned - mlj].
Due to poverty, unable to bear expenses... 11 Sept 1893.
Jane [her X] Norris
PETITION TO COURT: T. M. Gailbreath, Sol. for Complainant... Charley Norton is non-resident of the State of Tennessee... prosess [sic] cannot be served. 14 Sept 1912.
BILL OF COMPLAINT of E. J. Norton of Jackson County against Charley Norton of the State of Kentucky. Married in Jackson County 4 December 1910, together until May 28, 1911... told her he was going to town, did not intend to live with her any longer... she was sick when he left... without means of support... compelled to return to her fathers for a home and support, her father is an old man... bad health and poor and a renter... asks maiden name [not given] be restored.
Owing to poverty, cannot bear expenses of suit.
E. J. [her X] Norton
[Note: Bill of Complaint and Request to Dismiss missing - mlj].
PETITION of J. M. Johnson and W. W. Draper, Solicitors for Complainant. [Blank] 1895 Complainant dismissed... they performed valuable services, deserve a fee. 21 March 1895.
NOTICE TO SHERIFF: Rebecca Norton this day filed Bill of Complaint against Robert Norton... attach [personal] property... mules, cow, sheep, wagon, farm tools, household goods. 3rd Monday in September 1894.
BILL OF COMPLAINT of ["Babe" marked through - mlj] Richard Osborn against Eliza Osburn. Married in Jackson County 1877, together 3 - 4 months, she committed adultery with Charles Anderson... repeadedley [sic] since that time.
Committed adultery with [?J. or S.] M. Upchurch in the month of October 1877, Claton Roggers [blank] October 1877... before and since defendant is now aliving [sic] in a State of adultery.
/s/ T. B. Upchurch
PETITIONER makes oath above is true... Due to poverty cannot bear expenses of this suit. November 1878.
Richard [his X] Osborn
[Note: On the file folder, looks like "Palk"; several places more like "Polk" - mlj].
DECREE: On this 11 January 1877... Judgment pro confesso... defendant failed to appear... Plaintiff be divorced from Defendant, James B. Polk pay all cost except witness geore [sic] Brown.
BILL OF COMPLAINT of James B. Polk of Wilson County, Tennessee against Mary Jane Polk of Jackson County, Tennessee. Married in Jackson County 6 June 1873. July or August of same year defendant committed adultery with one George Brown... several times before and since. 25 September 1876.
/s/ James B. Polk
PROSECUTION BOND: James B. Polk and Peter Polk to Mary Jane Polk 25 October 1876.
SUMMONS TO APPEAR 2nd Monday in January next. Dated 2nd Monday September 1876.
[Note: I have seen Peter Polk's name spelled "Paulk, Palk and Polk" - mlj].
DEPOSITIONS 27 & 28 February 1871:
O. B. Wright age 45. Acquainted with R. V. Wright. I am his brother. Know Joshua Hale when I see him... since the later part of 1865.
Ques: Examine note as Exhibit... $1332.47 November 10, 1862, I promise to pay to Robert V. Wright...
/s/ Joshua Hail
Ans: I first saw the note at Nashville August 1865. My brother R. V. Wright had moved to Nashville and was in business asked me to come to Jackson County, Tenn and get the money or a new note with good security or deed of trust.
Mr. Hale agreed in the presence of W. H. Botts to give deed of trust... land where he lived in Flynns Lick. Just after the close of war, times were bad, citizens financially ruined, courts not regularly held. I had no knowledge of value [of Joshua Haile land].
My brother was raised in DeKalb County [TN] and lived there until he moved to Nashville. My brother resided some 35 miles in DeKalb from the land and 75 or 80 in Nashville.
My brother R. V. Wright had been in the Confederate army - lost nearly all he had except the Hale debt... my brother had a little town house in Alexandria worth about $400.
/s/ O. B. Wright.
Joshua Hale Sr. age 56. I signed the note. In 1858 money was scarce and times hard. I was on the eve of starting south with a drove of horses and mules that I had bought on credit. My creditors Leroy B. and Joel W. Settle placed notes with W. H. Botts for collection of about $1500. About 40 horses and mules if attached would have broken me up. Botts advanced the money, took note, became indebted to Wright.
/s/ Joshua Haile, Sr.
BILL OF COMPLAINT of Peter Polk of Jackson County, R. V. Wright of Davidson Co., William T. Hughes of Putnam County against
Achilles Hare, Edward M. Casson, John M. Gipson, Pinckney McCarver, George Petty, [or Putty], [Blank] Durham, James M. McKinney of Jackson County, Tennessee; Wm Young, Paul Clay, Benjamin Payne of Smith County, Tennessee; Samson W. McClellan of DeKalb County, Tenn,
William H. Botts of the State of Kentucky and Joshua Hail of the State of Texas.
Defendant Joshua Hail on 17 August made a deed of trust. Orators are preferred creditors... large tract of land, ask it be sold to pay debts.
DEPOSITIONS 25 February 1870:
Dudley B. Hail age 50. Joshua Hale lived on the land in 1866 and Durham in 1867, 8 & 9. I was not in the country when [W. H. Botts] moved to Glasgow, Kentucky, understand first of 1867.
Joshua Haile and myself are brothers. My land and the mortgaged land adjoin. Joshua Haile came back to Jackson County after he left in September 1866, in the fall of 1869 I think October.
I think he transferred one of the John A. Durham notes for rent to E. M. Cason.
/s/ Dudley B. Haile
Thomas J. Gailbreath age 53. Know Joshua Haile and W. H. Botts, live about 3/4 miles from the land for 18 years.
W. H. Botts lived about 1 1/2 mile. Think he moved to Glasgow Kentucky about Feby 1867. He is a practicing lawyer.
Ques: State relationship of Complainant R. V. Wright and defendant W. H. Botts.
Ans: I think they are brothers in law. Wright married Botts sister.
/s/ Thomas J. Gailbreath
P. N. Dudney age 58. Joshua Haile transferred the Durham note to E. M. Cason to pay a judgment. I was Constable. Amon Haile agreed to pay $50.
P. N. [his X] Dudney
ANSWER of E. M. Casson to Bill of Complaint of Peter Paulk, R. V. Wright & others against A. Hare, Joshua Hail, this respondent and others.
Respondent says is true his co defendant Joshua Hail executed deed of trust or mortage, by terms of which R. V. Wright is a preferred creditor. Respondent does not admit that the debt due Estate of Matt Brewington of $1150 secured by Complainant Hughes is a preferred debt. All creditors have equal footing after R. V. Wright.
Trustee W. H. Botts is a brother in law of R. V. Wright and at the time the deed of trust bears date Botts was living near Hail in Jackson County.
Respondent recovered judgment against co defendant Hail for $260.95. He was the security for Hail and one William Putty in a note to Lawson D. Pate who recovered judgment for $380.75.
The deed of trust signed 17 August 1865 was to run until 1 January 1870 when Botts could sell property. Debtors have a right to rents collected during that time. 5 August 1867.
ANSWER of John M. McKinney and John A. Durham to Bill of Complaint of Peter Polk, Administrator of Matthew Brewington deceased, Robert V. Wright and Others against Joshua Haile, these respondents and others.
Respondents deny the charge of fraud, admit the death of Matthew Brewington and the appointment of Complainant Palk as administrator.
Admit their co defendant Haile made a deed of trust to W. H. Botts, but know nothing of circumstances. Durham leased the land, has the right to occupy and cultivate it.
Respondent Durham had just removed from East Tennessee to Putnam Co. where he resided at the time he took the lease. Knew nothing of the condition of the land. He took the lease 14 August 1866 as partnership and executed notes to Haile, has no knowledge who holds the notes.
Respondent McKinney states he purchased a note on co defendant Durham to Haile 14 August 1866 and payable 1 March 1869 for $250.
Respondents knew nothing of Haile debts. 6 July 1867.
/s/ James M. McKinney, /s/ John A. Durham
CROSS-EXAMINATION 15 April 1874, Gainesboro, Tennessee:
Joshua Haile, Sr. age 59, farmer, live Jackson Co. Filed a bill against Wm Young and others for a homestead in land in controversy, now pending Tennessee Supreme Court, as head of family so as not to be deprived of Homestead in said land.
DEPOSITION 22 October 1873:
O. B. Wright age 48.
... my father William Wright
... my brother R. V. Wright
... me and R. V. Wright are brothers, Wm H. Botts and R. V. Wright are brothers in law.
Ques: Were you and R. V. Wright living in Nashville at the time [1865-1866]
Ans: We were staying there. Our homes were in or near Alexandria [DeKalb Co., TN - mlj].
Ques: Why was it you had to stay at Nashville at that time?
Ans: We had been in the Rebel Army and did not consider it safe to come home on account of ?slaves and other Federal souldiers [sic].
/s/ O. B. Wright
BILL OF COMPLAINT of William Young of Smith County, Tenn against Joshua Haile Senior a citizen of Texas, William H. Botts of Kentucky, W. T. Hughes of Putnam Co., TN and Robert V. Wright of Davidson Co., TN and others hereinafter named.
Orator states Joshua Haile is indebted to him... several notes executed in 1859 and 1860 by Haile and [William] Putty, who were in partnership during that time buying horses and driving them South to sell.
$325 to complainant, date 20 November 1860, due 1 Sept 1861
$100 to complainant, date 27 Dec 1860, due 1 Sept 1861
$110 to Edwin Kitrel date 20 Nov 1860 due 1 Sept 1861
$160 to Stephen Pate date 4 Oct 1859 due [blank]
$460 to T. [?]. Cornwell date 4 Oct 1859, $100 paid & credited 6 Oct 1861
$8.87 1/2 to Merlin Young date 15 August 1860.
Haile & Putty were partners in purchase and sale of horses and mules. Putty is dead and his estate utterly insolvent.
17 August 1865 Joshua Haile executed deed of trust to W. H. Botts... land Dist 11, Jackson Co., bounded north by Susannah McClendon and Thomas J. Gailbreath; east by Ammon Haile & Bartlett A. Fox; south by Pinckney McCarver and Dudney B. Haile; west by Flynns Lick, described by metes and bounds in deeds from Thomas J. Jones to said Haile, William Tolbert & others to said Haile, and of Ammon Haile to said Haile.
Said deed of trust is fraudulent... meant to hinder and delay creditors. Sampson McClelland, Paul Clay and Benjamin Payne all of Smith County; Achilles Hare and others of Jackson Co. are creditors of Haile... other creditors not recollected.
ADMINISTRATOR'S APPOINTMENT [Note: May be misfiled, not part of this case - mlj].
... State of Tennessee, Smith County} Feby Term 1865. Margaret McClellan is dead, having made no Will or Testament... Sampson W. M. McClellan having given bond... to enter into goods, rights, tenements of Margaret McClellan, deceased and make inventory... report.
DEPOSITION 28 October 1873:
William H. Botts age 49. R. V. Wright married my sister. I am by profession an attorney since 1847. I lived about one mile of Joshua Haile, I drafted the deed at my house. I was doing business in Kentucky and moved there soon after the deed was drafted.
/s/ W. H. Botts
DEPOSITION [Blank] September 1875:
James M. Richmond age 54, live about fore [sic] miles from land in controversy, occupation farmer and lawyer.
I was reared from ten years old within 1 1/2 mile. Known Joshua Haile 30 or more years. Haile owed me between $2000 - $3000 including interest. He said he was going to make a deed of trust and the debt he owed me should be in it.
Ques: What relationships are the witnesses on deed of trust to Haile and are they living or dead?
Ans: M. D. Haile... son of Joshua Haile... living in Jackson Co. M. T. Haile... son of Joshua died I think in 1866.
Joshua Haile left... later part of 1866 or 1867 to move to Texas, moved back in one or two years to one of the rooms on the land...
/s/ J. M. Richmond
ANSWER of Wm H. Botts, R. V. Wright and William T. Hughes to Bill of Complaint of William Young against respondents and others.
Respondents admit the death and insolvency of William Putty... does not know that the estate of Putty is indebted to Complainant and requires proof.
PROSECUTION BOND: Carthage, Smith County, Tennessee 4th Monday November 1866}
Wm Young and Wm H. DeWitt to Joshua Haile... $500... Wm Young has brought suit against Joshua Haile... this void if Young prosecutes to effect...
/s/ Will Young, /s/ William H. DeWitt
REPORT OF SALE: 5 April 1869, C & M sold all right, title and interest which defendant Joshua Haile Sr. has in and to a tract of land of which his father Amon Haile died seized and possessed being an undivided 1/14 part in said land lying on Flynns Creek bounded by land of Joshua Hale Sr., Pinkney McCarver, Wm C. Anderson and others... Peter Paulk became purchaser... sum of $86.00. Said Peter Paulk being the beneficiary no note was taken. August term 1869.
NOTICE TO SHERIFF of Jackson County. Peter Paulk, Administrator of estate of Matthew Brewington, vs Joshua Haile Sen... attach interest in said Haile's property Dist 11 bounded west by Flynns Creek, north by land of Joshua Haile Sen, east by Byus Gipson, south by heirs of Caleb Anderson deceased, on both sides of Thompson Branch whereon Amon Haile deceased lived at his death... 300 acres more or less. 1st Monday in August 1867.
BILL OF COMPLAINT of Peter Polk, Administrator of Matthew Brewington deceased against
Joshua Haile of the State of Texas, Dudley R. Hail, Nicholas P. Hail and his wife Nancy Hail, Bartlett A. Fox and his wife Aleathy Fox, Sallie Ann Craig, Julia Fox, William Fox and his wife Letty Fox, Amon Haile minor son of John Haile deceased, Locky Haile citizens of Jackson County.
Also the following heirs of Thomas Haile to wit Joshua Haile Jr. of Overton Co. TN, Nancy Hail, Elizabeth Hail, Harriet E. Hail, Margaret L. Hail, George G. Hail, Charles Hail and Jinny Hail the last five are minors with no guardian, Elvis L. Hail of the State of Indiana, Randol T. Hail, Amon G. Hail, George Hail, David Hail, John W. Raglin and wife Peggy Raglin of the State of Texas and
three minor children of Jane McClendon deceased a daughter of Amon Haile deceased names not known to Orator of the State of Illinois, defendants.
On 6 September 1867 Amon Haile Sr. departed this life intestate in Jackson Co. seized and possessed of valuable tract in District 11 bounded west by Flynns Creek, north by land of Joshua Haile senr, east by land of Byas Gipson, south by heirs of Caleb Anderson and on both sides of Thompsons Branch whereon Amon Haile lived at his death... 300 acres more or less.
The above named are all and only heirs of Amon Haile deceased, they being children and grand children except Locky Haile who was his widow.
Joshua Haile Senr is a son entitled to 1/14 and is indebted to Orator as administrator aforesaid... $445.42 judgment rendered 23 August 1866.
Joshua Haile being a non resident very much embarrassed... pecuniary affairs, may dispose... asks it be attached. 12 Sept 1867.
BILL OF COMPLAINT of James Fuquay of Jackson County, Tennessee against Peter Paulk, Administrator of Matthew Brewington, deceased, Jane Brewington, Elizabeth Brewington, Sally Brewington and Thomas Brewington the last named a minor with no guardian, all of said County and State.
Orator [blank] 1851 purchased from Matthew Brewington a tract of land about 60 acres in Jackson Co. on waters of Martins creek adjoining lands of Thomas King, Polly Wilson & others whereon Orator lives for $160... executed three notes due one, two and three years... Brewington executed a title bond, made following payments to Matthew Brewington:
January 1852, stack of oats $10.00
January 1854, 500 lbs of tobacco at $5 per 100
January 1855, 1100 lbs of tobacco at $6 per 100, making all the sum of $101.
January 1862 paid Brewington $100 cash... Brewington failed to enter credit. Orator is no scholar, procured Dale Carter to make a calculation of the interest up to date of last payment. Brewington returned his three notes and induced him to sign a note for $120, promising to give him credit on what had been paid, when in truth the whole sum had been paid or nearly so... defrauding.
Orator and Brewington were brothers in law and very friendly and he relied upon his promises.
In 1863 although courts were closed, Brewington procured judgment on said note with interest before one Terrill Byrenn [Terrell Byrne] who was pretending to be a J. P. of said county or was carrying on some kind of a court in a Government controled [sic] by Rebels called by some a Southern Confederacy and by others Dixieland. He had no remedy... proper remedy is a Court of Chancery. 3 April 1866.
James [his X] Fuquay
DEPOSITIONS [No date]:
A. J. Fuqua age 56 [or 36; top stroke missing/ink faded - mlj]. Knew Brewington, known defendant James Fuqua all his life. Heard Matthew Brewington say he got a crop of tobacco from defendant... purchase money on land was about paid, that he had sold the tobacco to Pinkney McCarver.
A. J. [his X] Fuqua
John R. Fuqua age 31. Know parties. Heard Brewington in September or October 1861 say James had paid him... tobacco was taken to Andersons for Brewington. This was at Puncheon Camp branch.
Ques: What akin are you to Complainant?
Ans: He is my father.
/w/ J. R. Fuqua
James Fuqua age 52. I am Complainant. I paid Matthew Brewington on the land I purchased from him in 1852 [Relates payments made - mlj]. Brewington said he was no scholar, would get someone to figure amount of payments.
Ques: State what time and year the said Brewington was taken off from his house by the Soldiers and if he ever returned.
Ans: I dont rember [sic] the year he was taken off he never returned afterwards.
Ques: State whether Brewington said he would give you credit on the $120 note after he assertained [sic] payments...
Ans: He did so promise...
I was cited to appear before Terrell Byrne by Rich Fox - did not appear - understood there was no law at that time.
James [his X] Fuqua
REPORT OF CLERK & MASTER: Calculating notes and interest less payments showed excess by Complainant of $28.48.
TITLE BOND: Matthew Brewington of Jackson County, Tennessee to James Fuquay of $300... will make deed... Dist 14 where Pleasant Hawkins now lives... when said Fuquay pays said Brewington for the land. 2 October 1851.
/s/ Matthew Brewington
Wit: /s/ Dale Carter, s/s A. J. Fuquay
INDERE [sic; Indenture, or Deed of Trust/Mortgage - mlj] 25 March 1854 ... A. J. Fuquay and Henry Carter to Matthew Brewington.
A. J. Fuquay is indebted to Matthew Brewington $200 in four notes due 1 October 1853, 54, 55 and 56... by estimate 150 acres on north side of Martins creek... corner of an entry made by Logan Vint... north to James Vinsons line being his south boundary line of a 200 acre tract... to have and hold unto said Henry Carter his heirs and assigns... in trust...
If A. J. Fuquay pays Matthew Brewington this to be void.
A. J. [his X] Fuquay Test: D. Carter, George W. Harper
Registered 12 October 1854
AMENDED BILL OF COMPLAINT of James Fuquay to bill filed 17 April 1866 against Peter Paulk Administrator of Matthew Brewington deceased, Jane Brewington, Elizabeth Brewington, Sallie Brewington and Thomas Brewington. Defendant Thomas Brewington is and was his only son.
Jane Brewington is the widow of said Matthew and Elizabeth, Sallie and Thomas are his only children and heirs.
ORDER: Cause of Luke P. Gillem vs Peter Polk and others... judgment pro confesso... taken as confessed against those not answering namely James Rodgers, William Rodgers and his wife Mary Rodgers, A. J. Fuquay, Russell Fuquay, Margaret Anderson, Robert A. Cox, James Anderson, Mary Anderson, Sarah ?Ortner and ?Dale ?Ortner [These two names somewhat resembled "Colier", but later writing tend to give weight to Sarah and Dale Ortner - mlj] failed to appear... publication has been made as required by June Rules 1875 requiring publication be made to those named in bill... in the "Hartsville Sentinel" a newspaper published in the town of Hartsville, Trousdale County, Tennessee... that said non residents Cena Brewington, Henry Carter and his wife Mary, Elizabeth Brewington, John Brewington, Jane Brewington, Thomas Brewington, Judy Brewington, Mary Brewington and William Brewington; Malinda Hawkins, George M. Fuquay, Russell Fuquay, Jeremiah Beal and his children by his first wife Rebecca Beal the names being unknown, ?Albamy Fuqua, Adaline Harper, John Fuqua, Elizabeth Goolsby and her husband William Goolsby; the unknown children of Jesse Fuquay; Mary Harper... these defendants have failed to appear.
ORDER: Cause of Luke P. Gillem vs Peter Polk, Administrator ... it appearing to satisfaction of the court that W. C. Fuquay, Benjamin Rogers, Nancy Rogers, Adaline Rogers, Joseph Rogers and Churchwell Rogers are regularly before the court by the acknowledgment of service of process... failed to appear and make defence [sic]... therefore judgment for confessed...
CAUSE HEARD of Luke P. Gillem against Peter Palk, Sena Brewington, Henry Carter, Mary Carter, Elizabeth Brewington, John Brewington, Jane Brewington, Thomas Brewington, Judy Brewington, Mary Brewington, William Brewington, A. J. Fuquay, Russell Fuqua, James Anderson, Mary Anderson, William E. Fuquay, Sarah Ortner, Dale Ortner, Margaret Anderson
Adaline Rodgers, Benjamin Rodgers, Nancy Rodgers, Churchwell Rodgers, William C. Fuqua, William Rodgers, James Rodgers, Mary Rodgers, Jo. Rodgers
Henrietta Stewart, Levi Stewart, Malinda Hawkins, George W. Fuqua, Russell Fuqua, Jeremiah Beall and his children by his first wife Rebecca Beall names of the children unknown, Albay Fuqua, Adaline Harper, John Fuqua, Abbay Fuqua, Elizabeth Goolsby, William Goolsby, the children of Jessa Fuqua names unknown and R. A. Cox.
Cause heard 5 October 1876... publication made, none of parties answered except minors by guardian Mounce G. Butler and Peter Polk Admr... It appeared to court that in 1864 Matthew Brewington departed life in Jackson County without any will leaving real estate bought from William Fuqua. Part of the defendants hereto are heirs of Brewington and the residue are heirs of William Fuqua.
1865 Peter Palk was appointed Administrator. Land bought of Fuquay was conveyed to Brewington... held adversely more than seven years.
The debt for the purchase price barred by... Acts of Limitation of two years and six months.
17 August 1869 Matthew Brewington's heirs filed a bill to sell said lands...
Complainant bought the Fuqua tract for $1755 and another tract for $55. Complainant had previously bought the dower interest of Sena Brewington the widow.
BILL OF COMPLAINT of Luke P. Gillem of Jackson County against
Peter Palk, Administrator of Matthew Brewington, Cena Brewington, Henry Carter and wife Mary Carter, Elizabeth Brewington, John Brewington and wife Jane Brewington, Thomas Brewington, Judy Brewington, Mary Brewington and William Brewington, citizens of Missouri
A. J. Fuqua, Russel Fuqua, James Anderson and wife Mary Anderson, William E. Fuqua, Sarah Orter and husband Dale Ortner, Margarett Anderson of Jackson County, Tennessee
Adaline Rogers and husband Benjamin Rodgers, Nancy Rodgers and husband Churchwell Rodgers, William C. Fuqua, William Rodgers, James Rodgers, Mary Rodgers, Jo. Rodgers of Putnam County, Tennessee
Henrietta Stewart and husband Levi Stewart of Overton County, Tennessee
Malinda Hawkins residence unknown
George M. Fuqua, Russell Fuqua, Jeremiah Bell and his children by first wife Rebecca Bell names of children unknown of the State of Indiana
Albany Fuqua, Adoline Harper, John Fuqua citizens of the State of Missouri
Elizabeth Goolsby and husband William Goolsby of the State of Nebraska
Children of Jesse Fuqua who is dead whose names are unknown to Orator of Kentucky
Robert A. Cox, Clerk & Master, Jackson County, Tennessee
Mary Harper a citizen of the State of Iowa
Matthew Brewington died intestate being at his death a citizen of Jackson County, left surviving Sena Brewington his widow;
defendants Mary Carter wife of Henry Carter, Elizabeth Brewington, Jane Brewington wife of John Brewington are daughters of said intestate.
Prior to the death of intestate his daughter Sarah Brewington intermarried with Thomas Brewington. Both are dead, leaving as only issue of said Thomas and Sarah: Judy Brewington, Mary Brewington and William Brewington. These were the heirs of their mother Sarah and of their grand father Matthew Brewington.
The foregoing were the only children and grand children of Matthew. Sarah and her husband died before the intestate.
14 August 1869, grand children are believed to be minors.
Each child of aforesaid Matthew Brewington was entitled to a one-fifth undivided interest.
At the death of William Fuquay he left the following living children and grand children his only heirs if he had died at the time of maturity of note of Matthew Brewington.
A. J. Fuquay, Sarah Ortener intermarried with Dale Ortener, Margarett Anderson whose husband Tobe Anderson is dead, Adaline Rodgers intermarried with defendant Benjamin Rodgers, Nancy Rodgers who intermarried with defendant Churchwell Rodgers, William C. Fuqay, Malinda Hawkins whose husband Anderson Hawkins is dead, George M. Fuqua, Albany Fuqua, Russel Fuqua, John Fuqua, Elizabeth Goolsby who intermarried defendant William Goolsby, Sena Brewington who intermarried with said Matthew Brewington, Mary Harper whose husband William Harper is dead, Harriett Stewart who intermarried with defendant Levi Stewart is a grand daughter of William Fuqua deceased is the only child of his deceased daughter Mahala who intermarried with one William Henley; defendant Jeremiah Beall is the husband of Rebecca Beall a deceased daughter of said William Fuqua left several children names unknown to Orator said to reside in Indiana or perhaps some in California, some if not all minors without a guardian.
Defendant Adaline Harper is the only child of Catherine Harper who intermarried with George W. Harper and said Catherine Harper is a deceased daughter of William Fuqua deceased.
Children of Jesse Fuqua whose names are unknown to orator reside in the State of Kentucky are minors. Their father is a deceased son of William Fuqua deceased.
Defendants William Rodgers, James Rodgers and Mary Rodgers are children of Matilda a deceased daughter of William Fuqua who intermarried with defendant Jo ["Jo" was usually an abbreviation for Joseph - mlj] Rodgers. 31 October 1874.
/s/ Luke P. Gillem
PETITION of W. M. Brewington of the State of Missouri by attorney John Jackson of Putnam County, Tennessee. 17 August 1869 Henry Carter and wife Mary Carter filed to sell land of Matthew Brewington... decree ordering sale October term 1871. There was five heirs of deceased. Petitioner is a son of Thomas and Sallie Brewington both of whom died before Matthew Brewington.
Judah and Mary Brewington are heirs at law of said Sallie Brewington. Juda and Mary Brewington are both dead and left no heirs or husbands. Petitioner is now the only legal heir of said Sallie Brewington. Both Juda and Mary died in infancy. 11 December 1886.
DEPOSITIONS [No date]:
Luke Gillem age 38 [No new information - mlj].
/s/ Luke Gillem
Thomas King age 47 [No new information].
/s/ Thomas W. King
END OF REEL #103
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