Jackson Co., TN Loose District/Chancery Court Papers Reel #106
Poteet, W. S. - Price, W.

Genealogical Abstracts by Mary Lu Johnson

The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm


[NEW] POTEET, W. S. & POTEET, SAM vs BIRDWELL, G. W. Chancery 1903

[NOTE: New folder, new reel, continuation of the case at end of Reel #105].

Supreme Court of Tennessee affirmed there was a road/right of way for wagons through George Birdwell's property, and had been since Mary Proctor sued in January 1876.

BILL OF COMPLAINT of W. S. Poteet of Macon Co. Tenn and Sam Poteet of Jackson Co. against G. W. Birdwell of Jackson Co. Complainant owns land in Proctor Hollow, 13th Dist. adjacent land of G. W. Birdwell, Ellen Draper, Parmer Spiva lands and others. Many years past there has been a private road through Birdwell's property, Birdwell closed it.

DEPOSITIONS February 17 & 18, 1904:

W. S. Poteet age 52. I bought the land from John M. Burris, got possession Sept 8, 1888. I have had a tenant in possession ever since... my father, and the widow Carlisle, Clem Procter part of the time and my brother Sam Poteet has been there all the time.

Extra 2 1/2 miles for children to go to school, cannot take a wagon or farm machinery on that path as it is too steep and rough. Children would have to go through creeks in wet weather. The public used the road from 1864 until George W. Birdwell fenced it and a bill was filed. I was away from the neighborhood 3 - 5 years and I have been living at Red Springs... about 14 years. Tenants used the road continuously until Birdwell fenced it. Col. Flynn lives on Mr. Birdwell's place.

Deed from R. A. Cox, C & M to Nancy Ray formerly Nancy Proctor and to John H. Proctor, Mary Elizabeth Proctor and Isabel Proctor was dated September 1866. They were all over age 21... deed from Polly Proctor their mother. Elizabeth is still single. I would guess they were each between 30 and 35 years old when they married.

I was about 12 or 13 in 1864, and we lived on the Thad Quarles place.

/s/ W. S. Poteet

Sam B. Poteet [No age, nothing new]. [Clearly "B" one place, "D" the other - mlj].

s/s S. D. Poteet

John E. Lee [No age]. Part of 1876, lived on land now owned by W. S. Poteet.

John E. [his X] Lee

G. L. Ray age 60. I married Nancy Proctor in 1868. She was a right smart older than I was. I expect she was 30 or older... she was a daughter of John & Polly Procter. She bid the place off after it was sold a few years ago.

Ques: Do you know Isabel Procter who married Frank VanHooser?

Ans: Yes sir. She married about 1879. She was grown when I married in 1868. Mary Proctor has never been married. She is between 45 - 50 years old.

/s/ G. L. Ray


[NEW] PRESLEY, F. B. vs PRESLEY, DAVID Chancery 1901

BILL OF COMPLAINT of F. B. Presley vs David Presley, both of Jackson Co. She and defendant married in Jackson Co. about 1901. About a week after they married defendant accused her of intimacy with one of her cousins and abused and accused her of meeting said cousin out in the woods.

In the presents [sic] of Jim Riggs, defendant without any cause began to abuse her... drew back his fist. Refuses to provide... forced to go to her father's to get her meals... Defendant said he could go to his grandmother's and eat and she could go to her father's or do without.

All his accusations are false.

Personal property [lists]. Anderson Mahen owes them $7.00 and Norm Presley $3.00, asks all be attached. Name changed to maiden name F. B. Denson.

Oath of poverty... unable to bear costs of suit. August 2_, 1901.

/s/ F. B. Presley


[NEW] PRETTIE (Putty) LUCY ANN vs PRETTIE (Putty) W. D. Chancery 1875

[Note: "Prettie" is as written on file folder. Documents are mixture of Puttie and/or Putty - mlj].

ORDER to attach goods of W. D. Putty to cover $26.55 costs, decree against him. 18 March 1876.

AMENDED BILL OF COMPLAINT of Lucy Ann Putty to that filed 5 November 1875. After filing, defendant began to dispose of property, asks it be attached.

BILL OF COMPLAINT of Lucy Ann Puttie of Jackson Co. against W. D. Puttie of parts unknown. Married Jackson County June 1875 in Jackson Co. On 31 October 1875 defendant willfully abandoned her... left with pretended intentions of going some miles up Jennings Creek to paint with one [blank] Price. On 2 November 1875 he addressed Oratrix a letter from North Springs that he had concluded to not live with complainant... no reason other than your Oratrix did not suit him.

Defendant has pursued no occupation that their marriage... they lived with his father and Oratrix' father.

Owns personal property in possession of defendant's father G. M. Puttie [lists]. No children. Asks name change from Lucy Ann Puttie to Lucy Ann Williams, her maiden name. No date.


[NEW] PRICE, F. M. to BUTLER, M. G. [Deed of Trust] 1875

[Synopsis: Most of the F. M. Price cases following this deed of trust appear to stem from taxes unaccounted for when F. M. Price was Jackson Co. Tax Collector. Everything F. M. Price owned an interest in was mortgaged, M. G. Butler was appointed Receiver to collect any rent due to F. M. Price and apply it to indebtedness - mlj].

For the sum of $5.00... I, F. M. Price of Jackson County to M. G. Butler of Gainesboro the following lands, crops... on Pine Lick Fork of Jennings Creek... three tracts all adjacent bounded by land of John J. McKaughan [McCoin], William B. Roddy, Pembroke Tinsley, Mary J. Draper and the heirs of Thomas Price ?jr, deceased about 500 acres being the lands I purchased of John Saunders, Thomas Price & Cornelius Copeland, same now occupied by Logan Hufhines, Campbell Whitaker and Mary Hufhines.

Also tract on Pine Lick fork of Jennings creek known as Wm G. Hufhines land, same I purchased from Joseph Hix.

Also tract adjoining same I purchased of C. H. Osburn.

Also tract adjoining same I purchased from William G. Hufhines

in all 275 acres more or less bounded by lands of L. S. Cherry's heirs, Mary J. Draper, John J. McKaughan, John McDowell & Ezekel Carnahan.

Also one other tract lying in Clay and partly in Jackson County on said Pine Lick Fork known as the Hull [or ?Hall - mlj] farm, about 40 acres bounded by lands of J. P. McKaughan, Mounce Gores heirs and Pleasant Cherry.

Also 3/5 of the James Carver lands on Wartrace creek in Jackson County bounded by lands of George W. Hufhines, Short Wiggins, Hall's heirs, A. D. Dycus, J. W. Carver, William Carver, James Ray, Lyttle Stubblefield and William Hunter being the interest in lands I purchased from Thomas M. Carver and Cornelius Carver and Alexander Cassetty and wife.

Also three notes I hold on George A. McCawley due Sept 1, 1873 - $100; Mar 1874 - $325; Mar 1875 - $325 given for the Watson & York lands I sold to said McCawley.

Also notes and accounts I hold on William C. Purcell about $400.

Also notes I hold on Geo W. Clements $150.

Also notes I hold on Robert Pedigo $180

Also notes I hold on S. F. ?Murray $370

Also notes I hold on John M. Gipson, past due about $100

Also notes I hold on L. M. Gipson, past due, about $100

Also notes I hold on David Plumlee, past due, about $16.00.

Also notes I hold on Anderson ?Eads

Also notes I hold on E. C Gaines $80.

Growing crop of corn and tobacco on farm of James H. Carver... reserving about 25 barrels of corn for the use of my wife.

Also rents due me from Alexander Cassitty and Thomas Carver [or Carner].

Also rent which will be due, 1/3 of the crop, those occupying Jennings Creek lands from Logan Hufhines, Campbell Whitaker, Mary Hufhines, John Hix, Alexander Etherage and John J. Price.

Livestock [itemized].

Also tax claim about $800 due me from Wm Woodfolk land by M. L. Gore.

Deed is made for following purpose only. I was tax collector 1868 and 1869 and A. W. DeWitt, R. A. Cox, John M. Burris and others were security and I am in arrears a considerable amount of which I may be liable for 1869 and remaining unsettled by me. I am indebted to R. A. Cox and A. W. DeWitt, lawyers... about $300; Butler and Dewitt, lawyers... J. P. Murray, attorney fees... to Alex Nevel on a note past due; DeWitt and Draper are my securities. Note to Logan McCarver... DeWitt & Butler, Securities. Wm S. Johnson, judgment stayed by J. J. Price. W. L. Stubblefield, judgment stayed by John J. Price. L. H. McCarver, judgments stayed by John J. Price.

Decree against me, case of myself against Josephine L. [or S.] Price for which I am bound to pay $75 per year to A. W. DeWitt for the use of my daughter Fannie Price for and during her minority some of which is past due and unpaid and the balance will come due annually.

W. B. Roddy and others are security, myself vs State of Tennessee... charge of forgery, ?lettering and possessing alleged fraudulent county warrants.

Also indebted to Z. VanHooser, amount to be determined.

Said Trustee [M. G. Butler] is authorized to take charge, collect rent, pay debts...

Should there be a deficit in the General fund to pay all liabilities... to be prorated. 24 August 1875.

/s/ F. M. Price

Wit: L. A. Morgan, W. B. Stanton, T. H. Butler

Recorded Book A, pages 266, 67, 68, 69, 70, 71, August 24, 1875.


[NEW] PRICE, FRANCIS M. vs CARNAHAN, JAMES Chancery 1862

REPORT OF C & M: 3 November 1846 Court met. Appearing to this court James P. Griffith departed life intestate... David Griffith appointed administrator. David Myers and John VanHooser are security, sum of $600.

REPORT OF C & M: November term 1847 David Griffith, administrator of estate of John P. Griffith... assets [corner folded up; - mlj] ?will not pay liabilities. Sid estate is insolvent.

DEPOSITIONS [No date]:

Edward M. Cason, age about 53. Knew Leroy B. Settle, a merchant in Gainesboro from 1820 or 1821 until he left after 1836.

/s/ E. M. Cason

Joel B. Settle, age about 38. Know Leroy B. Settle. I stayed in the store when he was a partner in Samuel E. Stone & Co. Was indulgent on collecting debts. Debtors: Mr. Cunningham rented land; L. C. Collier credit good, lately embarrassed with debt; A. Hare at times embarrassed with debt; Jeff Roberts good for his debts because of the land where he lives; Kinnaird & Bransford owed a debt for 17 years. Bransford recently removed to Kentucky and Kinnaird to Nashville.

I talked to Griffith think 1855 - he as administrator of Sam E. Stone would have to collect his debts. He wanted me to get up the old Grants in his name - thought he could sell to James Draper, Thadeus Quarles and I think Lewis Hix wanted some... sufficient to pay debts. Mr. Stone's death in 1854... Knew Sam E. Stone, Thomas L. Bransford and Russell M. Kinnaird. All were indulgent to their debtors. Some owed one, ten and sometimes twenty years. The custom with good debts was to wait until the debtor came forward, and doubtful ones to collect or try to secure them.

Ques: Please state if David Griffith was frequently... intoxicated.

Ans: ... frequently drinks too much... in the habit of late years to become intoxicated when in town. I avoid talking to him about his debts and business when I thought him drinking.

I am a nephew of L. B. Settle, a brother in law to Bransford and the uncle to Kinnaird's wife. I am a brother in law of Sam E. Stone and Executor of his will.

/s/ Joel W. Settle

BILL OF COMPLAINT of Peter G. Cox and T. G. Settle of Jackson County against John F. Griffith of the State of Missouri.

About 1 January 1852 John F. Griffith executed a note of $14.63; about 1 January 1853 executed note of $77.78. About 21 August 1856 they recovered a judgment of $49.68 and costs. Defendant is still indebted for above amounts.

Defendant is a non-resident of Tennessee, no means in this state except undivided interest in several hundred acres... land of his father David Griffith who died seized and possessed land adjoining that of Temperance Stone, Asa Lovelady, M. Gore's heirs and others. 10 July 1860.

ANSWER of Sam E. Hare to bill of Leroy B. Settle and others. Is true David Griffith by deed of mortgage conveyed land 10 October 1840. Respondent & Watson M. Cook were then partners in Hare & Cook. 2 February 1857.

/s/ Sam E. Hare

ANSWER of James Carnahan and Sally Griffith to Bill of Revivor by Leroy B. Settle and others [Impossible to read... something about payment of debts].

/s/ John P. Murray

Sarah Griffith and James Carnahan make oath allegations are true. 14 February 1861.

Sarah [her X] Griffith, James [his X] Carnahan

CAUSE HEARD 6 August 1869. Case of Margery W. Settle, executrix of L. B. Settle deceased, Leroy Settle, Willis Settle and Jennie Settle, R. M. Kinnaird, John S. Bransford executor of Thos B. Bransford deceased, Matilda Kinnaird, A. J. McWhirter, Elizabeth McWhirter, Walter Bransford, Thomas Bransford and William L. Bransford, Watson M. Cook & Sam E. Hare vs

James G. Griffith, John F. Griffith, Samuel T. Griffith, Polly Witcher, Sally Griffith, Sanferd Ballard, Nancy Ballard, James Carneyham [Carnahan] administrator of David Griffith deceased, Joel W. Settle executor of S. E. Stone deceased, D. W. Hawes, Nancy P. Hawes, Willis Stone, William P. Stone and Joel Stone.

About 10 August 1840 David Griffith the defendant Carnahan's intestate executed to Sam E. Stone, defendant J. W. Settle's testator, Leroy B. Settle, complainant Margery Settle's testator and to Watson M. Cook and Samuel E. Hare, Russel M. Kinnaird a mortgage deed...

AFFIDAVIT of James Carnahan, administrator of David Griffith, and Sally Griffith one of the heirs makes oath that John P. Murray is their attorney that he is absent - have not appointed another - been expected home for several weeks, ask continuance. 12 February 1866. /s/ Sarah Griffith, James [his X] Carnahan

BILL OF COMPLAINT of William Stone and wife Mary Josephine Stone and Mariah Clay Griffith a minor by next friend Sally Griffith all of Jackson County against James W. Draper, Alexander Keith, Thomas C. Quarles, Edward R. Hancock all of Jackson County.

Orator and Oratrixes... and defendants are owners of a large and valuable tract of land in Jackson County on Jennings Creek [Note: Most survey calls are trees no longer there].

Tract 1 ... corner of tract granted to John Griffith... west boundary line of John Williams

Tract 2 ... where Jonas Griffith once lived

Tract 3 ... [all trees - mlj]

Tract 4 ... Western waters of Jennings Creek... stable once stood that was occupied by James Griffith... south boundary line of Robert Ellard... Williams west boundary... 46? acres.

Tract 5 ... John Burrus [Burris'] north boundary

Tract 6 ... Begin south boundary line, tract granted to Moses Smith, David Dickson and Jonas Griffith... running south with east boundary of David Griffith's 80 acre tract... on the bluff of Cumberland river.

Tract 7 ... Fifty acres granted to Jonas Griffith deceased.

Tract 8 ... begin at a stake in the southwest corner of Jonas Griffith's 50 acre tract... corner of John H. Hutchersons 25 acre tract... crossing the mill sluice... Wm Woodfolk boundary.

Tract 9 ... west side of Jennings Creek ... granted Willson & Allen Lee ... Cumberland river called the mill sluice... south boundary line of Jonas Griffith ... tracts all join... a remainder interest in the land being their moiety [dividing in two equal shares - mlj] of the interest of Elizabeth Hancock who was the aunt of your orator [William Stone] and wife Mary Josephine [Stone nee Griffith] and the aunt of Mariah Clay Griffith...

To give the court a full history of this transaction...

Many years ago Jonas Griffith departed life intestate seized and possessed of above described land. Defendants hold by purchase from the heirs.

James Griffith deceased and Orator bought land that descended to Mary Josephine Griffith and Mariah Clay Griffith through their father who was a son of said Jonas Griffith.

Complainants Mary J. and Mariah C. are minors and the defendant has had possession of their land perhaps 16 or 17 years. Asks their moiety be partitioned and sold... funds distributed. Rents and profits worth $1000 per annum.... remainder __ ___ on them by the death of Elizabeth Hancock former widow of Edward R. Hancock who died intestate in this county with no children living at the time of her death. At her death land will descend to Orators as heirs of Elizabeth Hancock... which descended to Elizabeth Hancock from the estate of her father James Griffith. [No date. Hard to read and confusing - mlj].

ANSWER of James W. Draper, Thaddeus C. Quarles and Alexander Keith to Bill of Complaint of William J. Stone and wife Mary Josephine Stone and Mariah C. Griffith by next friend Sally Griffith...

True they and complainants are interested in land described in bill.

Complainants are heirs at law of Jonas Griffith, deceased and the only children of his deceased son James P. Griffith who died after his father, and are entitled to his share in said lands.

True complainants brought action of ejectment against respondents for their interest... recovered for their share one-eleventh, that being the share of their deceased father; also 1/10 of another 1/11, that being the share of their uncle Samuel K. Griffith, another son of Jonas Griffith who died after his father the said Jonas Griffith and without issue.

Respondents have not been in possession 16 or 17 years as charged. Respondent Quarles & Draper purchased from one Sam E. Hare... took deeds for same. Respondent purchased a portion from his co respondent Draper.

Respondents state that Sally Griffith, widow of James P. Griffith the father of complainants as his widow is entitled to one-third of James P. Griffith's interest in land as a dower - that she sold and conveyed same to Sam Hare 14 September 1861.

/s/ T. C. Quarles, James W. Draper, Alexander Keith

BILL OF COMPLAINT of James W. Draper against Lewis Hix both of Jackson County.

1 October 1866, James Carnahan administrator of David Griffith deceased filed bill against J. G. Griffith and others... land sold. Hix and Draper were to bid and Hix was to have portion adjoining his land...

AMENDED BILL OF COMPLAINT of David Myers of Jackson Co. against

David Griffith, Administrator of J. P. Griffith, Russell M. Kinnaird, Watson M. Cook and Joel W. Settle executor of S. E. Stone deceased of Jackson County, Leroy B. Settle of Wilson County and Sam E. Hare of Macon Co. and T. L. Bransford of Davidson County.

Orator states estate of James P. Griffith is indebted to him for near $400.

Administrator Griffith is insolvent and so is his co-security John VanHooser. 17 July 1856.

AMENDED BILL OF COMPLAINT and Revivor of White Myers of Jackson Co.

R. M. Kinnaird, John S. Bransford executor of Thos L. Bransford deceased, John S. Bransford, Tho L. Bransford, Matilda Kinnaird wife of R. M. Kinnaird, Elizabeth McWhirter and A. J. McWhirter, Walter Bransford and Willis S. Bransford of Davidson County and Margery W. Settle executor of L. B. Settle deceased, Leroy Settle, Willis Settle and Jennie Settle of Wilson County, Tennessee against

James G. Griffith, John F. Griffith and Polly Witcher, Samuel T. Griffith all non-residents of the State of Tennessee, Sally Griffith, Sanford Ballard and wife Nancy Ballard and James Carnahan administrator of David Griffith deceased and Joel W. Settle, Executor of S. E. Stone deceased of Davidson County, D. W. Hawes & wife Nancy P. Hawes, Willis Stone, Wm P. Stone and Joel Stone of Jackson County, Tennessee.

White Myers filed against David Griffith and Leroy B. Settle to foreclose mortgage deed. In 1856 he filed an amended bill.

In 1857 Orator Russel M. Kinnaird, Leroy B. Settle and Thomas L. Bransford who have since died filed their original bill against David Griffith which is still pending.

David Griffith has since died and James Carneyhan [Carnahan] has been appointed administrator.

Other defendants James G. Griffith, Samuel T. Griffith, John F. Griffith and Sally Griffith and Polly Witcher and Nancy Ballard are his only children.

In 1860 they filed their Bill of Revivor against the administrator and heirs for the purpose of reviving suit against them [heirs] of David Griffith deceased.

Since filing Bill of Revivor, L. B. Settle and Thos L. Bransford both died. Margery W. Settle is executor of Leroy B. Settle deceased and your orators Leroy and Willis Settle and oratrix Jennie Settle are his only children.

John S. Bransford is executor of the Last Will & Testament of Thos L. Bransford deceased and your orator John S. Bransford and oratrixes Matilda Kinnaird, Elizabeth McWhirter, Walter Bransford and Willis Bransford are his only children and heirs.

Samuel E. Stone was a beneficiary in the mortgage deed. He died before this bill was filed and his heirs were not made parties. Joel W. Settle is the executor of said Samuel E. Stone deceased. The widow of Samuel E. Stone, Nancy P. has intermarried with D. W. Hawes.

The only children and heirs of Samuel E. Stone are Willis, William P. and Joel H. Stone. Joel H. Stone is a minor over age fourteen and Nancy P., wife of D. W. Hawes is his regular guardian, appointed before her intermarriage with D. W. Hawes.

ANSWER of Daniel W. Hawes and wife Nancy P. Hawes, Willis S. Stone, William P. Stone and Joel H. Stone... David Griffith executed the mortgage, they are willing it be foreclosed.

/s/ D. W. Hawes, N. P. Hawes, Willis L. Stone, Joel H. Stone, W. P. Stone

BILL OF COMPLAINT of Peter G. Cox of Jackson County against Samuel T. Griffith of State of [blank]. Samuel T. Griffith owes him money, no property in Tennessee other than a share in his father David Griffith's estate. [No date].

NOTICE TO SHERIFF of Jackson County, Tennessee: 10 February 1862 F. M. Price filed bill of complaint against James Carnaham, admr of David Griffith deceased, Marjory Settle executor of Leroy B. Settle, Willis J. Settle, Archiball G. Settle, Leroy B. Settle, Jannis [elsewhere Jennie and Jannie], suit pending. At the March term 1876 the death of James Carnahan was suggested and admitted. Further suggested John Carnahan is his administrator... bring John Carnahan before court to show cause why suit should not be revived against him. 2nd Monday in March 1876.

ANSWER of Leroy B. Settle, guardian ad litem of Jannie Settle, cause of Francis M. Price against James Carnahan et al. True L. B. Settle sen. is the father of the three children described in Complainant's bill and also the father of Jennie Settle, a minor, and Respondent is appointed guardian ad litem.

Supposes true Complainant purchased land of Leroy B. Settle, deceased in his lifetime for $370, complainant executed note. As to payment made to David Griffith as agent of Leroy B. Settle deceased, this Respondent knows nothing, requires proof. 13 Feb 1869.

BILL OF COMPLAINT of Frances M. Price against James Carnahan administrator of David Griffith, deceased, Marjory Settle executor of Leroy B. Settle deceased and Archibol Settle, Leroy B. Settle, Willis ?J. Settle of Wilson County, Tennessee.

Complainant would represent that the intestate of defendant Carnahan sold a tract of land to Margarett Welch and received a horse from the said Welch of $65 value as part of the purchase money and took a promissory note for the balance. David Griffith executed a bond for title and signed as agent for Leroy B. Settle which contained description of land sold.

Margarett Welch sold the land to Cornelius Copland who paid Welch $65 and paid to Griffith a large wagon and yoke of oxen at price of $110 and executed note to Griffith for the balance due.

Complainant about 185_ [1854 or 1857?] purchased land from Copland for $310, executed note to David Griffith for the amount Copland was still owing [more pages of who paid/swapped, no new names, no relations - mlj]. [Blank] February 1862.

DEPOSITIONS 16 January 1858:

Sampson W. Cassetty [No age]. Was clerk of the Court of Jackson County. David Griffith was appointed administrator of the estate of James P. Griffith 3 November 1846. Insolvency suggested 1 November 1847. No settlement has yet been made. Sam E. Stone is dead.

/s/ S. W. Cassetty

Joel W. Settle. Samuel E. Stone is dead. He endorsed note 20 September 1846.

/s/ Joel W. Settle

DEPOSITION 19 June 1858.

James G. Cunningham [No age]. I acted as Clerk at the sale of James P. Griffith's personal articles.

/s/ J. G. Cunningham

DEPOSITIONS 1 September 1858, Cause of Leroy B. Settle against David Griffith:

James Carnahan age 56. Known David Griffith since the fall of 1832... has lived where he now lives since that time. He rented out a portion one year to Richard Edmonds [or Edwards]... rented a portion to Ezekiel Carnahan... known of Levy Carter living on the land several years. William P. Witcher is the defendant's son in law, his son [is] John Fletcher Griffith... I think Witcher lived on the land two or three years.

I know also of ____ Sweazea, Ben Brazel, Allen Prior renting some of the land.

James [his X] Carnahan

James G. Cunningham age 47. Known David Griffith thirty years at least, and Leroy B. Settle, Thomas L. Bransford, R. M. Kinnaird, Samuel E. Stone about as long.

/s/ James G. Cunningham

Alexander Neville age 45. /s/ Alexander Neville

Larkin D. Sweazea age 47. /s/ Larkin D. Swezea

Matthias Swezea age 42. /s/ Matthias Swezea

Jefferson Roberts about age 50. /s/ J. Roberts

John L. Mahany age 34. /s/ J. L. Mohanay

BOND: James Carnahan, Administrator of David Griffith deceased and Jonathan B. Wilson to

John A. Bransford, Administrator of Thomas L. Bransford, Russell M. Kinnaird, Joel W. Settle executor of Samuel E. Stone deceased, Margery W. Settle executor of Leroy B. Settle, and David Myers... sum of $600.

James [his X] Carnahan, s/s Jonathan B. Wilson

DEPOSITIONS 29 January 1858.

Sally Griffith, about age 40 [or 46? - mlj]. I was not present at the sale of Jonas Griffith's property. I and James P. Griffith were not married at the time. He did have in his possession a colt that belonged to his father Jonas Griffith.

/s/ Sarah Griffith

F. K. Griffith [No age]. James P. Griffith bought a colt and paid $160. Don't know if David Myers bought. The note on file with S. W. Cassety's deposition resembles the signature of David Griffith. Don't know if David Myers was principal or security.

/s/ F. K. Myers

E. Wilmore about 54. /s/ Ensley Wilmore

NOTE to Joel W. Settle dated 19 October 1829 for $65.

/s/ John Burris, David Griffith


[NEW] PRICE, FRANCIS M. vs HARGIS, WM et al [Many tax foreclosures] Ch 1874

BILL OF COMPLAINT of Francis M. Price against the State of Tennessee, State Treasurer & Comptroller, George H. Morgan, William Hargis, James Hargis, Thomas G. Young, J. W. Brooks, W. R. Chaffin of Jackson County, Tennessee.

Orator has been Revenue Collector for Jackson County, Tennessee since the close of the war in 1865 to September 1872. January term 1872, Orator reported to Circuit Court condemnation of following tracts of land... taxes due and unpaid.

District, Name, No. Acres, Value, Taxes Due, Bounded by [Name] "and others".

Tax Year 1865:

1, Ben E. Williams, 42, $200, $.90, J. P. Murray
4, Ephraim Williams heirs, 1865, 100, $350, $1.57, A. Nevil
5, Elizabeth Bobo, 198, $1000, $4.50, Hadly York
5, James Hibbets, 117, $800, $3.50, Christopher Eakle
6, E. C. Smith, 100, $5000, $3.50, [blank]
7, Dickerson & Shrewsbery, 100, $2500, $11.25, W. T. McColgen
9, Lora McGee, 80, $50, $1.65 includes one poll, [blank] Loftis
9, John Smith, 75, $150, $1.93 includes one poll, Joe Smith
10, Sarah Anderson, 200, $500, $2.25, William Anderson
11, Joseph Birdwell, 110, $3000, $1.35 [blank]
11, R. C. Kirkpatrick, 450, $500, $2.25, Richmond
1, Sallie Dennis heirs, 200, $200, $2.00, Wm Davidson
12, Phillips [or Phipps] heirs, 200, $600, $2.76, Dycus [or Dyers] heirs
12, John [blank], 100, $100, $1.76 includes one poll, E. Jackson
14, Wm Arterbery heirs, 150, $150, $.68, Anderson & others
14, Cinderilla Denton, 90, [blank value], $.58, Anderson Eades
14, Jesse Goss, 30, $30, $.85 including still which is gone, David Plumlee
14, L T Ogathorpe & Stone, 95, $600, $2.70, Susan [blank]
15, John Hargis, 75, [blank val], $3.05 including poll, Hargis
15, W. P. Lewis, [blank acre], $1200, $7.40 includes poll, Sadlers
15, J. W. Smith's est, 450, $1500, $6.75, Hugh Smith
16, Alexander Boles, 200, $200, $.90, Asle Duncan
16, Thomas Gaw, 200, $200, $.90, Smith
1, Nathan Montgomery, 35, $200, $.90, Polly Cornwell heirs
9, John Haris [Harris], 100, $200, $.95, Isaac Hix

Year 1866:

10, Wm Montgomery, 205, $105, $.50, Henry Jackson
11, Joseph Birdwell, 110, $350, $1.66, Jamerson Brown
3, A M Bryant, [blank ac], $800, $1.43, Dudney Roggers
9, James Anderson, 100, $150, $.75, R W Allen
12, Dosle [?Dosie] Anderson, 75, $400, $1.25, Tobe Anderson
12, W R Chaffin, 50 ac, $100, $1.98, Logan Jackson
12, James Goolsby, 150, $250, $1.32, John Brown
12, James Marlow, 90, $200, $.95, Putnam Co. line
12, Pippin heirs, 185, $300, $1.48, Joseph Brown
14, John W. Condra, 100, $100, $5.88, [blank] Moore
14, Cinderilla Denton, 90, $100, $.58, Anderson Eades
14, Jessie Goss, 30, $105, $.55, David Plumlee
14, John Hasting, 35, $200, $.95, [blank]
[blank], H. H. McD_ _ _, 110, $125, $.63, John [blank] heirs
15, Wm Hargis, [blank ac], $400, $1.90, James Hargis
15, James Vinson, $200, $800, $2.80, Terrell Byrne
15, Mary Wilson, 110, $300, $1.43, John Brown
16, Mo_ _ T. Billbrey, 75, $75, $2.58 includes poll, T. B. Haile
16, John Grimsley [blank ac], $250, $1.75, Polly Bibe [Bybee]
16, Thomas Gaw, 200, $200, $.95, [blank] Smith
16, John Smith, 50, $50, $.75, R. B. Smith
1, Joseph Stafford, 105, $300, $1.43, P. N. Dudney
1, Sallie Dennis heirs, ?? acres, $200, $.95, Wm Davidson

Year 1867:

Dist/Name/Acres/Value/Taxes/Bounded by ____ "and others"
1, Nathan Montgomery, 35, $200, $1.60, W. W. Woodfolk
2, Wm Hufhines heirs, [blank ac], $300, $2.40, W. M. Mosely
3, A. G. Lee, 75, $200, $4.35 includes poll, Sarah Minchy
4, Sam Hudson heirs, 200, $500, $4.00, Montgomery Clark
4, James Strode's heirs, 200, $600, $4.80, Riley Hudson
1, Joseph Stafford, 150, $300, $2.40, P. N. Dudney
5, Wiley Kelly, 120, $150, $3.90 includes poll, J. J. Miles
5, G. W. Smith, 125, $1000, $3.85 including one poll, R. Pedigo
6, Isham Dickens, 360, $2000, $19, B. Spears
6, G. B. Biggs, 235, $1000, $8, Walker Graves
8, Wm M. Burrel, 50, $150, $3.95 includes poll, A. Burk
9, John Harris heirs, 120 [blank] $1.60, Isaac Hix
10, Malinda Lovealls, 500, $600, $6.00, F. M. Anderson
10, James Profitt, 500, $90, $7.50, Robt A. Cox
10, John Smith, 100, $100, $2.50 includes poll, James Smith
11, R. C. Kirkpatrick, 650, $800, $6.40, Henry Richmond
11, W. R. Chaffin, 50, $100, $3.55 includes poll, Logan Jackson
12, A. J. Fuqua, 150, $300, $2.40, Anderson
12, James Johnson, 100, $150, $1.20, Jackson
12, James Pippin, 140, $400, $3.20, Dyers heirs
[Note inserted here, can't read it all:] __ __ Receipt for the amount of taxes due on the above tract assessed to Pippin heirs $3.20
14, Daniel Hestand heirs, ?125, $300, $2.40, Esther Hastand
14, John [Blank], 150, $600, $4.80, Joel Moore
14, John Cherry's heirs, 45, $100, $.80, F. E. Cherry heirs
14, Levina Goss, 30, $30, $.24, David Plumlee
16, John Grimsley, 75, $75, $.60, Polly Burk
16, Albert Whitaker, $100, $1.60, Nathan Vannoy
16, Lotty Adcock, 130, $200, $1.60, A. Duncan
16, J. Armstrong, 50, $50, $.40, M. Williams
16, Thomas Gaw's heirs, 200, $300, $1.60, Vilet [sic; ?Violet] Smith
16, M. Gormley heirs, 250, $250, $2.00, Asel Duncan

Year 1868

Dist/Name/Acres/Value/Taxes/Bounded by ____ "and others"
1, Joseph Stafford heirs, 135, $300, $3.45, P. N. Dudney
2, Wm Huffines heirs, 50, $300, $3.45, Mosely
4, A?lverine Harp, 100, $100, $1.15, John M. Clark
5, Joseph Stewart, 120, $100, $4.51 includes poll, Isaac Kelly
5, J. H. York, 100, $150, $1.73, Wm Bean
6, Henson Smith, Town Lot, Town of Celina, $500, $8.75 includes poll, Gearhart
6, Willis Spear, 226, $226, $2.60, [blank] Spear
7, Polly Roberts, 2, $500, $5.75, N. B. Butler
9, John Hixes, 100, $400, $4.60, Enoch Jackson
11, R. C. Kirkpatrick, 650, $800, $9.20, Henry Richmond
11, Edwin Gadden, 200, $1000, $11.50, [Blank]
12, W. R. Chaffin, 50, $100, $4.15, Logan Jackson
14, A. J. Cherry heirs, 388, $1000, $11.50, Scott Moore
14, W. H. Carter, 65, $65, $.75, [Blank] Moss
14, John W. Head, 20, $35, $.40, C. Head
14, Daniel Hestand heirs, 215, $215, $3.45, Esther Hestand
15, J. W. Smith's estate, 400, $2000, $23.00, Hugh Smith
15, Wm Vitetoe estate 250, $1200, $13.80 bounded [blank] that the widow Polly Vitetoe now lives on.
15, Mary Wilson, 100, $300, $3.45, T. W. Brown
16, Abe Bailey, 25, $25, $3.28 includes poll, A. E. ?Gentle or ?Butler [writeover]
16, Thomas Gaw's heirs, 200, $200, $2.30, Vilet Smith
16, James Rash, 50, $50, $3.58, J. S. Reed
16, Thomas G. [or J.] Young, 100, $100, $4.15, Brown

[Note: Sallie Dennis heirs listed year 1868, but starts over Dist. 1, so may be 1869 - mlj]

1, Sallie Dennis heirs, 100, $200, $2.30, Wm Davidson

Year 1869

Dist/Name/Acres/Value/Taxes/Bounded by ____ "and others"
3, J. W. Brooks, 200, $1000, $11.25, David Phillips
[Blank] J. B. Woodfolk heirs, 400, $2400, $27.44, W. W. Woodfolk
3, W. W. Woodfolk, 445, $3580, $40.27, S. G. Richardson
4, Thomas Shrum, 100, $100, $1.12 1/2 , John Green
4, Edward Shrum, 150, $250, $5.20 includes poll, John Green
4, Mahalah Bean, 410, $400, $4.50, R. Pedigo
5, William Miller, 257, $355, $4.00, C. E. Reaves
6, J. B. Biggs, 205, $800, $9.00, Walker Graves
6, Smith Maxey, 175, $1200, $13.50, M. Kirkpatrick
6, John Savage, 300, $1000, $11.25, George Grace
7, Polly Roberts, 2, $500, $5.65, L. B. Butler, Sam Brown
8, Jessie Walker, 90, $800, $11.95, James Hall
11, W. C. Chisums, 145, $145, $4.68 includes poll, John Haney, Henry Jackson
10, Theno Jones, 28, $28, $.33, [Blank]
10, Earl Thomas Montgomery, 38, $50, $.56, R. A. Cox
11, J. C. Brown, 140, $800, $13.08, W. E. Jones, W. S. Johnson
12, Matt Brewington heirs, 350, $1500, $16.90, Thomas Brewington heirs
12, W. R. Chaffin, 75, $150, $4.65 includes poll, Logan Jackson
12, John Putty's heirs, 100, $100, $1.12 1/2, Benj Chaffin
14, Leonora Gap [sic; ?Goss], 30, $30, $.36, David Plumlee, R. Gass/Goss
14, J. W. Head, 20, $50, $.56, E. Hestand
14, David Speakmon, 36, $75, $1.12 1/2, E. Hestand
15, Lucy Hardcastle, 15, $50, $.57, Thos P. Pharis
[Blank], J. W. Smith, 400, $2000, $22.50, [Blank]
15, Garrett Sadler, 124, $700, $7.88, T. J. Lee
16, Lotta Adcock, 130, $200, $2.25, Asle Duncan
16, Alexander Boles Sr., 200, $200, $2.25, Asle Duncan
16, Mike Gormley heirs, 250, $250, $2.83, Asle Duncan
3, Mrs. Monday, 100, $300, $3.38, M. E. Stubblefield
1, Sallie Dennis, 100, $200, $2.25, Wm Davidson

Amounts to about $1249.16... Orator entitled to credit. Cost & charges of [redeeming] each tract including clerks, revenue collectors and printers fees are $4.00 each... condemned and sold... Order of sale [Blank] July 1872.

The following to wit tract of land...

11, R. C. Kirkpatrick, 450, 1865 taxes $2.25
15, John Hargis 75, 1865 taxes $3.05
9, John Haris [sic; Harris] heirs 100, 1866, $.95
3, M. [?] Bryant, [Blank], 1866, $1.43
15, William Hargis, 100, 1866, $1.90
16, Mont Billberry, 75, 1866, $2.50
3, A. G. Lee, 75, 1867, $4.35
?4, Isaac Kelly, 100, 1865, $2.20
[Blank] J. B. Riggs, 235, 1867, $8.00, Riggs has receipt
9, John Harris heirs 120, 1867, $1.60
11, R. C. Kirkpatrick, 450, 1867, $6.40
11, R. C. Kirkpatrick, 650, 1868, $9.20

Aggregate tax $34.91... having been condemned, Orator believes he is entitled to a credit.

Following persons have redeemed...:

Joseph Staford, 150 ac, $300 val, 1867, $2.40 + $4.00 charges
A. J. Fuqua, 150, $300, 1867, $2.40 + $4.00 charges
Joseph Stafford heirs, 135, $300, 1868, $3.45 + $4.00 charges
Polly Roberts, 2 ac, $500, 1868, $5.75 + $4.00 charges
Charles Medders, 100, $300, 1868, $3.45 + $4.00 charges
Polly Roberts, 2 ac, $500, 1869, $5.65, + $4.00 charges
J. C. Brown, 140, $800, 1869, $13.08 including poll + $4.00 charges
Matt Brewington heirs, 350, $1500, 1869, $16.90 + $4.00 charges
Micahjah Duke heirs, 284, $1500, 1869, $16.90 + $4.00 charges
Joseph Stafford heirs, 135, $300, 1868, $3.45 + $4.00, Dist. 1, bounded by P. N. Dudney
Joseph Stafford, ?155, $300 Dist. 1, 1866, $1.43 + $4.00 bounded by P. N. Dudney
A. J. Fuqua, Dist. 12, 1866, $1.30 & costs of $4.00
Polly Roberts, 2 ac Dist 7, $500, bounded by ?Tuck Butler, 1866, $2.38
Polly Roberts, 2 ac Dist. 7, $500, bounded by ?Tuck Butler, 1865, $2.38 plus costs.
Dated 9 May 1874, s/s F. M. Price


[NEW] PRICE, F. M. vs HOWELL, J. P. et al Chancery 1888

ANSWER of Logan H. McCarver and Robert A. Cox to Bill of Complaint of Francis M. Price against Joseph P. Howell. Admit Respondent R. A. Cox was appointed Receiver to rent out William Woodfolk land and John G. Howell and James P. Howell rented a portion in 1871 & 72 and for previous years... raised tobacco...

Complainants also purchased tobacco from Sanders Sisco and Marion Morgan which was shipped with the Howell tobacco...

ANSWER of James P. Howel, John G. Howel, James C. Howel and William C. Howel to Bill of Complaint filed by Francis M. Price in Chancery at Gainesboro 7 August 1874. Rented land 1872, gave notes... renting was not joint but separate. Raised tobacco, each person cultivating for himself. F. M. Price was a tobacco merchant in the year 1874.

10 April 1875, /s/ James C. Howel, John [his X] Howel

18 April, 1875, s/s William C. Howel, James P. [his X] Howel

PETITION of Daniel M. Huffhines... Francis M. Price owes Petitioner by note dated 29 Oct 1873 sum of $298.45 [wants his money]. 4 August 1875.

CAUSE HEARD 22 January 1876, jury: James A. Williams, S. G. Gaines, L. M. Gipson, N. P. Haile, John M. Loftis, H. P). Loftis, Ellis M. Carlisle, Wm Forkum, W. C. Anderson, S. S. Myres, Wm Speakmon & E. L. Jackson... in favor of Plaintiff Daniel M. Huffhines, recover judgment and costs.

DEPOSITIONS [No date]:

Cornelius Carver age 35. Known F. M. Price 20 years. I am an heir at law of James Carver, deceased, owned tract of land on War Trace creek bounded by Short Wiggins, __ Dycus, G. W. Hufhines and others.

I sold my interest in the farm to F. M. Price about 1873. I am a son of James Carver, deceased. There were five children. There were six shares with my mother who took a child's part by contract with the heirs to do as she pleased for ever.

Thomas Carver and Sarah Cassetty were children and heirs. They sold their interest to F. M. Price about the same time I sold... The shares were worth about $800. The estate consisted of the land... all we sold him. I think the shares are worth $50 per annum up to the present time.

He [F. M. Price] purchased Jo Carver's share, has owned it five or six years. He bought from R. V. Brooks. I don't think he has paid for it.

He [F. M. Price] has cut off a large amount of timber... considered the best timbered land in the county. Timber sold worth about $5000... has had possession ever since except L. H. McCarver had one share in his possession one or two years and received the rents.

It is the same land [described in deed of trust to M. G. Butler] as 3/5 of the James H. Carver land on War Trace creek, bounded by land of George W. Huffines, Sport Wiggins, Hall heirs, A. _ Dycus, J. W. Carver, Wm Carver, James Ray, Ly_ _ _ Stubblefield and William Hu_ _ _ r.

/s/ Cornelius Carver

John McCoin, age 62. Known F. M. Price about 40 years. I had possession of a portion of the lands part of the time, known them for 20 years, are 300 acres. Bedford McCoin and the widow Watson lived there this year. The widow Nancy Dodd lived there several years and William Smith lived there last year. Bounded south and west by Pine Lick Creek.

/s/ John J. McCoin

M. G. Butler [No age]. Deed conveyed to me as trustee the rents due to F. M. Price for the year 1875 from Alexander Cassetty, Thomas Carver, Logan Huffines, Campbell Whitaker, Mary Huffines, John Hixes, Alexander Etherage and John J. Price. No personal property came to my hand as trustee.

I collected rent, applied some to the claim of Fannie Price mentioned in the deed which I thought was a preferred claim.

A. W. DeWitt was my father in law. F. M. Price never was related to me in any way. A. W. DeWitt and R. A. Cox were law partners. I know nothing of a relationship between John P. Murray and F. M. Price.

/s/ M. G. Butler

DEPOSITIONS 18 November 1875 of Logan Hall Caver [sic], Thomas Brown, John G. Howell:

Logan H. McCarver. Was not present at the warehouse of J. H. White when the Sheriff sold off tobacco as property of defendants Howells.

/s/ L. H. McCarver

Thomas Brown age 50. I sold tobacco to F. M. Price.

Thomas [his X mark] Brown

John G. Howel age 28. I am a party to the suit. Co defendants are James Howel, J. P. Howel and William Howel. Tobacco raised by J. P. Howell and myself was worth near $400. James and William Howell were sub-renters under J. P. Howell. I owed [McCarver] $110 and J. P. Howel owed him $70. If either of the others owed, I did not know it, nor do I think either of them did. I paid off my debt before the account of sale was _____ and my father paid off his at the same time.

/s/ John G. Howel

[Note: Next part in new folder, same case continues - mlj]:

WITNESS [No date]:

Joshua Haile, Jr., lawful age. I bought James Howell's claim [right to collect if litigation successful] first, gave him a mule and the fee he owed me as attorney. After the case was appealed to the Supreme Court [of Tennessee] I bought William C. Howell's claim, gave him a horse and the fee owed me as attorney and bought Pleasant Howell's claim, gave him a mule and the attorney fee owed me. I paid too much.

/s/ J. Haile

CAUSE HEARD Supreme Court of Tennessee 21 January 1887... defendant J. C. Howell recover of Francis M. Price and sureties of appeal to wit R. A. Cox, G. B. Murray and J. M. Murray the sum of $249.44 being principal and interest... decree in favor of G. Howell.

Defendant James P. Howell recover $265.99... decree in favor of James P. Howell.

William H. [sic; possibly should be William C. - mlj] Howell recover $190.80 in favor of the said William C. Howell... tobacco bid off by R. A. Cox who let in L. H. McCarver as partner.

Complainant F. M. Price recover of R. A. Cox and Mary McCarver, Executrix of L. H. McCarver, deceased, $95.00 with interest from February 11, 1872...

James C. Howell, J. P. Howell and William C. Howell wrongfully restrained from prosecuting... 31 January 1887.

DEPOSITIONS 18 September 1877:

Logan H. McCarver age 64. /s/ L. H. McCarver

R. A. Cox age 44. /s/ R. A. Cox

DEPOSITIONS 7 July 1876:

John G. Howell age 28. /s/ John G. Howel

William C. Howell age 26. My father J. P. Howell, John G. Howell and myself went to Cox and McCarver and demanded our money for the tobacco...

/s/ William C. Howel


[NEW] PRICE, F. M. vs HUFFINES et al, James H. Carver estate Chancery 1897

[Synopsis: F. M. Price married Mary F. Carver, a daughter of James H. Carver. He purchased the "present" interest of Thomas M. Carver, Sallie Cassetty and Joseph Carver. He purchased the interest of Cornelius Carver, but apparently this deed was worded so he also got the widow's interest that would have gone to Cornelius Carver after her death - mlj]

DEPOSITION 22 August 1896:

M. G. Butler age 47, am a lawyer, live Gainesboro. Was present for some of the talk about F. M. Price buying interest in land of James H. Carver on Wartrace creek... drew title bond from T. M. Carver to F. M. Price and deed from Cornelius Carver to F. M. Price. The deed of Tom Carver and Sally Cassetty purport to convey their present interest, deed from Neil [Cornelius - mlj] Carver... language is different.

Complainant Price admitted to me today that the land sued for was embraced in the boundary of lands laid off to Mrs. Elizabeth Carver.

BILL OF COMPLAINT of F. M. Price and wife Mary F. Price, M. G. Butler as Trustee, R. V. Brooks, Trustee all of Jackson Co. against Joseph Carver, Elizabeth Carver, John G. Howell, L. H. McCarver, James Ray, Jr., Alex Burdwell and J. H. Crawford of Jackson Co.

[Note: Howell, McCarver, Ray, Birdwell and Crawford are involved because they bought or sold timber or tobacco grown on the land - mlj].

Many years ago James H. Carver died... owning land on Wartrace creek in Jackson County where F. M. Price and wife and defendants Elizabeth Carver and Joseph Carver now live.

James H. Carver left the following as his only children and heirs... Mary F., now the wife of complainant F. M. Price, Sallie who intermarried with Alexander Cassetty, Cornelius Carver, Thomas Carver and defendant Joseph Carver and Elizabeth Carver his widow.

The land was never partitioned... held in common among the widow and heirs and representatives of heirs who have sold their interest.

Since the death of James H. Carver, his heirs in a suit with the heirs of Cornelius Carver, deceased gained an additional tract adjoining on War Trace called the Jenkins tract... widow has no interest therein. The widow agrees to take a child's part, or 1/6 interest in lieu of dower. Original tract contains 500 acres more or less, Jenkins tract 100 acres more or less.

Further, several years ago Cornelius Carver, Thomas M. Carver and Alexander Cassetty and wife sold their interest in all land including the Jenkins place to F. M. Price.

AMENDED BILL OF COMPLAINT of Francis M. Price against S. S. Hufhines, Miles Hufhines, Ellis Hufhines, Martin Davenport, Elias Cassetty, John Morgan all of Jackson County and Thomas M. Carver a resident of the State of Texas.

18 April 1896 Orator filed a bill of complaint against complainants except Thomas M. Carver... averred he was owner of 2/5 of land... Dist 3 bounded north by land sold to L. S. Hufhines by R. V. Brooks, Ira Hardcastle and others, east by land of F. M. Price and others, south by Mollie Price, west by Ira Hardcastle, Wade Hufhines and others being 64 acres more or less.

James M. [sic; most places it looks like James "H" - mlj] died intestate in Jackson County many years ago... lands descended to Sallie Carver who married Alexander Cassetty, Mollie Carver who married Francis M. Price, Cornelius Carver Jr., Thomas M. Carver and Joseph Carver.

DEPOSITION [No date]:

F. M. Price age 65. Elizabeth Carver died September 1889. I understand James H. Carver died first. Elizabeth Carver took a child's part, or 1/6 interest in her husband James H. Carver's land. I bought Cornelius and Tom's interest... I bought Neal's interest.

/s/ F. M. Price

DEPOSITION 4 March 1897.

W. B. Price [No age]. In 1896 I lived on part of the Elizabeth Carver farm on Wartrace creek... rented from my father F. M. Price

/s/ W. B. Price

ANSWER of F. M. Price and wife Mary F. Price, Thomas M. Carver, Cornelius Carver, Joseph Carver by his regular guardian F. M. Price, R. A. Cox, R. P. Brooks, J. H. Murray, Alexander Nevill, A. W. Draper, J. M. Morgan Administrator of A. W. DeWitt, deceased, M. G. Butler as Trustee and Emma J. Stone as Administratrix &c to Bill of Complaint of L. H. McCarver & others.

James H. Carver's heirs as named in bill are correct...

DEPOSITION [No date]:

Dr. O. M. White [No age]. Was one of the chain carriers when James Carver's land was divided. F. M. Price came to me, said Elizabeth Carver was taking 1/6 or child's part near the old house at the spring. J. G. Howell was to have one part, his wife to have one part and he was to have three parts.

Ques: Were you not a Doctor and waited on Mrs. Carver in her last sickness?

Ans: Yes.

My father's house and James H. Carver's house are about a mile apart. Don't know when James H. Carver died. He died before I was born. I was born and brought up on a farm near the land [Remainder of this deposition filmed many pages later - mlj]

BILL OF COMPLAINT of Logan H. McCarver of Jackson County, Tennessee against

Francis M. Price, Thomas M. Carver, Cornelius Carver, Alexander Cassetty and wife Sarah Cassetty, Mary Price wife of F. M. Price, Elizabeth Carver and Joseph Carver

and J. M. Morgan as Administrator of A. W. DeWitt deceased, R. A. Cox, J. M. Burris, M. G. Butler as trustee and in his own right, J. P. Murray, Alexander Nevile, A. W. Draper, W. S. Johnson, W. L. Stubblefield, Joel Forkum, R. P. Brooks, W. B. Roddy, Z. Vanhooser, Emma J. Stone as Adlministratrix of Joel H. Stone deceased and Fannie Price who is a minor with no general guardian, all of Jackson County, Tennessee, John J. Price, residence unknown to Orator. Joseph Carver is a minor with no general guardian.

Thomas M. Carver, Cornelius Carver, Sarah Cassetty, Mary Price and Joseph Carver are children of James H. Carver... land descended to them from their father James H. Carver, being following tract on Wartrace creek bounded south by lands of John A. Dycus, southeast by lands of J. W. Carver, east by James B. Ray and W. L. Stubblefield, north by R. W. Hufhines, west by R. S. Wiggins being the place where J. H. Carver lived in his lifetime and whereon Elizabeth Carver his widow now resides.

About 19 September 1873 Thomas Carver sold his interest in said tract to Francis M. Price, took notes of $400 each payable 12 and 24 months. Sums not paid, Thomas Carver sued for payment, judgment rendered, land ordered sold in order for judgment to be paid. Orator became purchaser 3 April 1876.

Sarah Cassetty and Alexander Cassety sold their interest to Price, took notes.

Cornelius Carver sold his interest to Price, took notes.

F. M. Price made a deed of trust to M. G. Butler 24 August 1875 which recognizes Orator's prior lien.

Those defendants not heirs and widow of J. H. Carver are beneficiaries of trust deed, ask they be made parties to this suit.

Defendants F. M. Price and wife, Elizabeth Carver and Joe Carver are in possession of the land, cutting and selling timber.

DEPOSITIONS 28 April 1876:

W. L. Stubblefield age 55. Familiar with the Carver farm, worth $220 in annual rent.

/s/ W. L. Stubblefield

G. H. Hardcastle, age 56. Agree with Stubblefield.

/s/ G. H. Hardcastle

[Note: These next depositions may or may not have been 28 April 1876. First part is missing. This is cross-examination by S. S. Hufhines - mlj].

F. M. Price [No age]. The horse I have at home is worth $25-$30, belongs to my wife. She bought it with timber that came off her land. Had him 6 or 7 years. Other personal property is 50-60 barrels of corn, some I tended on my wife's land, some tended by Botts Price that I bought of Brooks. Cholera killed all my hogs but four. Household goods belong to Mollie my wife. Before we married I hadn't been keeping house.

John Howell tore up my wagon.

I sold a small piece of land to Jim Hawkins, took a cow and he owes me $8 or $9.

Legal title to land I bought of R. V. Brooks is in his name. I hold it by title bond [Gets a deed after he pays for it].

/s/ F. M. Price

J. H. Dycus age 70. Live in Jackson County in 3rd District, one mile from F. M. Price. Known him 40 or 50 years. I have been an officer in the 3rd District 20 years. Price's wife owns the land.

/s/ J. A. Dycus

DEPOSITION 4 January 1897:

S. H. Carver [No age]. Known F. M. Price 20 years. Mollie Price his wife sold a piece of land about two years ago that she inherited from her father. She said she wanted the money to build her a house.

/s/ S. H. Carver

[Next is in a new folder, same case - mlj].

DEPOSITIONS 27 August 1896:

John G. Howell age 51, live Highland, Tennessee, occupation farmer. Elizabeth Carver, the widow of James H. Carver died 23 September 1889. She was in possession of the land when she died. Thomas M. Carver and Cornelius Carver are sons of James H. Carver.

I think J. H. Carver died 1864 or 1865. I bought Jo Carver's interest in the estate, filed a bill later to partition the land. J. H. Bryant & Co. bought Neal and Tom Carver's shares and some of the other interests, rented to F. M. Price.

/s/ J. G. Howel

J. A. Dycus age 69. I am the same as J. H. Bryant & Co. F. M. Price conveyed his interest to J. H. Bryant & Co. then we bought the other heirs interest in the Elizabeth Carver tract. I bought Neil and Joe Carver's part. I bought Mrs. Price's part later on.

Neil owed a debt to John G. Howell secured by his mother and I paid the debt to save the land. Lot 1 was assigned to Elizabeth Carver. When I bought Cornelius' interest, believe F. M. Price, Neal Cornelius, Joe Carver and Dr. Ferguson were present. Don't think Esqr Polk Carver was.

/s/ J. H. Bryant

E. L. Gardenhire [No age]. I wrote a bill for Elizabeth Carver some time after James H. Carver's death... believe was soon after the war. I don't know when James H. Carver died. I admired her. She said she had paid $1400 of her funds for the upper tract and could prove it. I saw her some time later and we disagreed over the fee and I quit as her attorney. She compromised the suit with the heirs.

/s/ E. L. Gardenhire

S. S. Huffines [No age]. I am in possession of the land in controversy, have sold off a part. I contracted with Bryant & Mosley for the place. I talked to Price and he said I had got a bargain... did not say he was setting up a claim.

/s/ S. S. Huffines

J. W. Carver, lawful age. I moved on and lived on a part of the James H. Carver land.

Ques: Did not your father John L. [or S.] Carver once contract to buy it?

Ans: My recollection is in the year 1856 my father contracted for the Sam Carver portion of the James H. Carver land and moved on it March 1857.

Ques: If your father and James H. Carver and Elizabeth Carver rescinded the contract, why?

Ans: We lived on it two years... uncle Jim wanted to rescind it and father had only paid a little - he paid rents - I think he let what he had paid go on the rents. He [John Carver] still lived on it till he died in 1865.

Uncle Jim said that Betsy's means went into the land and she wanted him to get it back.

Ques: Did Mrs. Elizabeth Carver file to set up her trust or a claim to the Sam Carver land because she had paid for it...

Ans: I heard her say... she had employed Judge Gardenhire to file her bill.

I am brother in law to S. S. Huffines.

I did refresh the memory of Howard Bryant when he was giving his deposition that I took the acknowledgment of two of the deeds.

I was young only about twelve or thirteen when my father bought the Sam Carver tract from James H. Carver. My father bought all the Sam Carver tract but the Jenkins tract.

Ques: You say... your father and James H. Carver rescinded the trade about the land and that your father lived on the land until 1865... how much rent did he pay?

Ans: He rented for two or three years from Uncle Jim Carver and then Uncle Jim was taken off to a Northern prison where I understand he died. After that my father rented from Aunt Lizabeth Carver up to my father's death in 1865.

My father drank a good deal of whiskey and when drinking he was noisy. My understanding from Uncle Jim was that father was so drinky that he wanted to break him from it if he could. Father and Uncle Jim were brothers.

I think Uncle Jim Carver died in 1863.

/s/ J. W. Carver

[Remainder of Dr. O. M. White's deposition here - mlj]:

The heirs of Elizabeth Carver paid off the doctor bill owed me after she died. Thomas Carver resided in Texas.

/s/ O. M. White

DEPOSITION 29 May 1897:

R. R. White age 67, farmer, lived 3rd Dist in Jackson County since 21 January 1855. 1848 is the first time I knew Mr. J. H. Carver and Lady. First knew land in controversy 1852 and James H. Carver owned it then. As near as I remember James H. Carver bought Sam Carver out was in the latter part of 1856 or the first of 1857.

I was one of the commissioners that divided the land between James H. Carver heirs.

It was my understanding that she [Elizabeth Carver] had furnished $1400 or $1500 to pay on the Sam Carver part.

/s/ R. R. White

DEPOSITION 22 April 1897:

S. H. Carver [No age]. Elizabeth [Carver] is my aunt. T. M. and Cornelius Carver are cousins. [Refers to Aunt Liz, Aunt Lizabeth - mlj].

Ques: Who was Mrs. Elizabeth Carver before she married James H. Carver.

Ans: She was a Murray was my understanding but I don't know what her father's name was. I suppose he lived in Jackson County.

s/s S. H. Carver

DEPOSITION 27 April 1897:

Mrs. Mollie Price, will be 40 years old in September next. I am the wife of F. M. Price and daughter of James H. Carver. He died just before the war broke up, left widow Elizabeth Carver who died eight years [ago] the 23 of next September. James H. Carver left five children - Tom, Sallie, Neal, Myself and Joe.

I sold my 1/5 interest in the land in litigation to Howard Bryant and Dr. Ferguson. They bought four of the other shares.

/s/ Mollie F. Price

DECREE TO PARTITION LAND: Issued December 24, 1881. Commissioners E. L. Jackson, surveyor; R. H. Holland and R. R. White... James H. Carver land in Dist. 3 - six equal portions according to value.

Lot 1, being 64 1/2 acres more or less including mansion and outbuildings where James H. Carver lived at death to Elizabeth Carver.

Lot 2, to John G. Howell... to Huffines line... to Soapstone Spring, 123 acres.

Lot 3, being 3/6 of the entire tract... begin at stake in Huffines line near the meeting house... to top of ridge... 212 acres to M. G. Butler, Trustee and F. M. Price.

Lot 4, beginning at a Low Cap... corner of Lot 1 down the still branch with Dycus line... with Carver line... beech in Bill Carver line... northeast corner of Lot 1 and beginning corner of Lot 2... passing down the Bluff between the Springs... 137 acres to Mary Price.

24 December 1881 [All three commissioners signed as written; plat map filmed - mlj].

DEED: We, Cornelius Carver and wife A. A. Carver sell to F. M. Price... $800... all undivided right, title and interest that we have or may hereafter have... following tracts... south boundary adjacent William Richardson's land... meanders of the top of a ridge... to Daniel Huffhines line... low gap to John Ray land... conditional corner between William Teel and Thomas Huffhines... 350 acres more or less... being same land conveyed by William Teel in his lifetime to James H. Carver by deed dated October 6, 1851.

2nd tract... James H. Carver's line... top of a ridge to a stake in Thomas Huffhines line... west to Shelby Herring's west boundary line... stake in corner of Levy Canters lands... stake in William Hall's line... Wm Richardson's line... conditional line between James H. Carver and Samuel A. Carver made by them in their lifetime... 300 acres more or less being same conveyed by William Teel to Samuel A. Carver on 6 October 1851. Dated this 25 January 1875.

/s/ Cornelius Carver, A. A. [her X mark] Carver

Attest: L. H. McCarver, J. N. Mc?henry [very dim]

BILL OF COMPLAINT of Francis M. Price against S. S. Huffhines, Miles Huffhines, Ellis Huffhines, Martin Davenport, Elias Cassetty, Jno Morgan all of Jackson County.

Orator is owner of 2/5 undivided interest in land in District 3, Jackson County. Defendants entered into possession and withheld pro rata share of rents... cut timber... best to sell land.

Due to poverty, unable to bear expense of suit. 18 April 1896.

/s/ F. M. Price

DEPOSITIONS 16 November 1881:

Rufus Huffhines age 27. Joseph Carver cultivated some of the James H. Carver farm three years after 1874, including the Jenkins tract.

/s/ R. H. hufines

Mrs. Mary Price. I was twenty five years old last September. I am the wife of F. M. Price and sister of Joseph Carver. We were married May 8, 1873 and I moved on the Carver place in February 1874.

Joseph [Carver] stayed with us about 3 or 4 years, about 8 months with Alex Cassetty, came back to us. He stayed with me up till about two months ago except that he lived three months with William Draper and one year with my mother.

He was born Decr 13, 1858, as I learn from the family record kept by my parents.

Joseph sold some walnut logs when Price was gone from home... Price was gone about seventeen months.

Ques: Did you not move into the house and live with Joseph Carver and his mother during said time...

Ans: I moved there January 1, 1880 and lived there til August 24, 1881.

I do not think Joseph's labor was worth his board when he was with us... Price sent him to school... Men's labor is worth $10 a month. A good hand can be hired for that.

/s/ Mollie F. Price

R. S. Wiggins age 31. I live near the Jas H. Carver place.

/s/ R. S. Wiggins

ADJOURNED, resumed November 18, 1881.

W. L. Stubblefield [No age; testified as to land value, what was cleared, not cleared - mlj]

/s/ W. L. Stubblefield

R. R. White [Similar testimony as Stubblefield's - mlj].

/s/ R. R. White

BILL OF COMPLAINT of John G. Howell, M. G. Butler as Trustee, F. M. Price in his own right and F. M. Price and his wife Mary Price all of Jackson County against Elizabeth Carver of the same residence.

Land on both sides of War Trace creek where James H. Carver lived, bounded by lands of Polk Carver, W. L. Stubblefield and John A. Dycus, a tract on the West of it called the Jenkins tract formerly owned by Riley W. Hufhines and others... John G. Howell is owner of 1/6 undivided interest in fee simple by purchase from Joseph Carver... Mary Price wife of F. M. Price is owner in her own right of an undivided 1/6... that M. G. Butler as trustee and F. M. Price own 3/6 by purchase of the shares of Thomas M. Carver, Cornelius Carver and Alek Cassetys wife. Land is subject to partition. 7 November 1881.

RE-CROSS EXAMINATION of M. G. Butler 3 September 1896. Stated the property covered by the trust deed was all sold... failed to pay the indebtedness of F. M. Price.

/s/ M. G. Butler

ANSWER of Fannie Price by guardian ad litem to Bill of Complaint filed 23 January 1878 by Logan H. McCarver.... His ward is a daughter of co-defendant F. M. Price. 13 February 1879.

/s/ N. B. Young, guardian ad litem

COMPROMISE: F. M. Price agrees to pay Joseph C. Carver on or before 1 January 1884 $225 and release to him all rent claims and allow said J. C. Carver to occupy said Jenkins tract free of rent for the year 1884.

J. C. Carver agrees for court to divest title into F. M. Price.

DEPOSITIONS 9 September 1896:

A. M. Ferguson age 77.

/s/ A. M. Ferguson

Joseph Carver [No age]. I am a son of Elizabeth Carver deceased who owned Lot No. 1 of the partition of James H. Carver's land.

Mother after father's death filed a bill to set up a trust... she alleged she had paid $1400 to purchase it. We were advised by her Solicitor she would have succeeded... compromised. /s/ J. C. Carver

Howard Bryant [No age]. /s/ J. H. Bryant

Aleck Cassetty about age 51. I married Sallie Carver, heir of Elizabeth Carver.

/s/ Alexander Cassetty

Mrs. Sallie Cassetty, lawful age. I am a daughter of Elizabeth Carver and wife of Alexander Cassetty and sister of Mrs. Molly Price.

/s/ Sarah Cassetty


[NEW] PRICE, H. H. et al vs GOSS, JOHN H. et al Chancery 1867

[Note: The folder reads "Gass", and in a few places that is what it looks like. Mostly written "Goss", believe this correct - mlj].

DEPOSITIONS 21 May 1870 at house of Samuel N. Plumlee in Jackson County:

Scott Moore, age 48. Complainants Hiram Price and Nancy Smith purchased of Wm Pennington about 50 acres in the fall or winter 1858... Pennington executed title bond. I wrote the bond and with Anderson W. Smith were subscribing witnesses. Land Dist. 14, Jackson Co. one-half mile northeast of Bennett's Ferry Rd. Anderson W. Smith now resides in Kentucky and has for several years. Hiram Price entered and took possession.

Am acquainted with 100 acres sold by Richard Robinson to Andrew Goss and by him to Macom M. McLarin and by him to defendant John H. Goss - described in deed from Richard Robinson to John H. Goss May 9, 1859 and recorded 3 February 1868... it includes a portion of the land sold by Wm Pennington.

When the deed was written May 9, 1859, John H. Goss was living in the neighborhood on land of his father Jesse Goss some 2 1/2 or 3 miles from the land Hiram Price purchased of Wm Pennington. Hiram Price bought land adjoining the 100 acre tract and his dwelling house is on that land.

/s/ Scott Moore

Jeff Moore age 51. Myself and John H. Goss was in my field in or near the disputed land and he said Macom McLarin had acted foolish in selling off that land.

/s/ Jefferson Moore

William A. Smith age 62. Know land in dispute... John H. Goss purchased 100 acre tract... said he would make a deed to the old field to Hiram Price... McLarin was present... think that was 1859 or 1860... he and McLarin was quarreling about the lines.

Ques: Are you related to the Complainant [Hiram Price]...

Ans: Yes we are brothers in law.

William [his X] Smith

John Hestand age 38. Know Hiram Price and John H. Goss. About eleven years ago myself and John H. Goss fell in company together on the road to his father's house.... he said he was going to make Price a deed to the old field... said he was not willing to make a deed to the timber land.

/s/ John Hestand

James Good. I am owner of 100 acre tract. I bought it from John Goss... am in possession except a little piece which Jef Moore is in possession... I let him have. I have been in possession going on three years, known the land fifteen years. The fencing is in about the same place now that they were in when I first knew the place.

/s/ James Good

BILL OF COMPLAINT of Hiram H. Price and Nancy Smith against Richard Robinson, Macum McClairin, the heirs of Andrew Goss all of Jackson Co. and William Pennington of Warren Co., KY.

On [blank] 18[blank] Richard Robinson sold land to Andrew Goss bounded east by Jefferson Moore, south by Samuel Pennington, west by A. Denham, north by the Kentucky line... 100 acres.

Afterwards Andrew Goss sold the 100 acre tract to defendant Macum McClairen and by consent of the parties Richard Robinson made a deed to said McClairen; McClairen sold 30 acres of said tract to defendant Pennington, gave bond and Pennington took possession and made improvements. Afterwards Pennington sold said 30 acres to complainants and made bond for title, bounded as follows... beginning on the old Whitson corner... south to the corner of the old field thence east to a cross fence, north to Jefferson Moore's line... with said line to Macum McClairen line... thence north with said cross fence, west to Alfred Denhams line to the beginning.

Defendant sold the balance of the 100 acre tract except the 30 acres to defendant John H. Goss.

Defendant made a deed to him for the entire 100 acre tract, including the 30 acres sold to Complainants, and John H. Goss is holding a deed to Complainants land. At the time deed was made, Complainants were in possession.

Complainants have paid all the purchase money except $25 and cannot get a deed. 30 November 1867.

Hiram [his X] Price, Nancy [her X] Smith

BOND FOR TITLE: Wm Pennington to Hiram Price. Bond $500 after Hiram Price pays $250, will make title... 20 March 1858.

/s/ William Pennington Wits s/s, A. W. Smith, Scott Moore

COPY OF DEED May 9, 1859, Richard Robertson to John H. Goss for $350, land Dist. 14, Jackson Co., 100 acres more or less.

/s/ Richard G. Robinson

Attest: Jesse Goss 2 July; S. N. Plumlee 2 July; ?. T. Potter [No date]

ANSWER of Richard Robinson. He sold land May 9, 1858, 100 acres to Andrew Goss, deed not registered. Afterward made deed to John H. Goss by consent of parties. Never made a deed to Macom Mclarin.

AFFIDAVIT above is true: /s/ Richard G. Robinson, s/s John H. Goss

ANSWER of Macom M. Mcleran to Bill of Complainant of Hiram H. Price & Nancy Smith filed against Respondent and others. John H. Goss was to make title. Knows nothing, asks he be dismissed.

/s/ M. M. McLearen

State of Illinois}

Wabash County}

Macom M. McLearen who is known to me, acknowledged before me this 7 April 1868...

/s/ James S. Johnston, County Clerk, Wabash Co., IL

ANSWER of William Pennington... allegations in complainants bill are true.

W. [his X mark] Pennington

Acknowledged 27 January 1868, Warren County, Kentucky

DEPOSITION [No date]:

Samuel N. Plumlee age 46. Price bought the land in 1858, had to build a house before he moved. Think he moved winter 1858 or spring 1859. Recollection is Macom McClarin lived on the 100 acres at the time Hiram Price purchased. Defendant John H. Goss lived at Green Hill near his father Jesse Goss about 2 1/2 - 3 miles from the lands purchased by Price of defendant Pennington.

/s/ S. N. Plumlee


[NEW] PRICE, H. P. & OSGATHORP, Admr of H. M. OSGATHORP, County 1910

SETTLEMENT 18 November 1910, Estate of H. M. Osgathorp, deceased. Mrs. Harriet J. Osgathorp wife [of] the deceased and only heir at law having been notified... Inventory filed August 2, 1910, settlement Book "D", pages 381 & 2. $795.45 plus interest of $13.92 = $809.37.

[Note: The widow submitted receipts for sums paid since Inventory, left $.00 balance].


[NEW] PRICE, JOHN F., Administrator of Green B. Price County 1903

DEED: We, M. M. Price and G. B. Price on 19 October 1874 sold to T. J. Lee all the interest that M. M. Price and G. B. Price has as heir at law of Robert Montgomery, deceased in and to the tract of land in Jackson County, Tennessee, Dist. 15, being the same land where Robert Montgomery lived at his death... in consideration of $250... hereby transfer and convey interest to the estate, real and personal property lying in Jackson County.

/s/ G. B. Price, /s/ M. M. Price

Wits: M. G. Hagin, H. T. Lee

ACKNOWLEDGED: Putnam County, Tennessee} To T. J. Lee, Esq. You are hereby authorized to take the acknowledgment of Mary M. Price separately and apart from her husband...

SETTLEMENT with J. F. Price, Administrator of Green B. Price 24 August 1903... heirs having been notified. [No more genealogical information in file, estate insolvent - mlj].

INVENTORY OF PERSONAL PROPERTY: 6 April 1903, lists household goods and tools, total $18.85, no purchasers listed.


[NEW] PRICE, MOLLIE F. vs CARTER, JASPER, et al Chancery 1914

DEPOSITIONS [No date, but at end states were filed Feb 17, 1915 - mlj]:

Wade H. McCoin age 55, am a farmer, live Jackson County. I know the parties to the suit, am related to the Plaintiff Mrs. Price.

The land where defendant Jasper Carter now lives known as the F. M. Price home place is covered by the boundaries in this bill except a small piece purchased by Lovelady of the Gore heirs and added to the Price place.

Have known the Price home place since the early part of 1861 or 1862. F. M. Price lived on it at that time... until about 1874, then retained possession through tenants until 1877.

The land conveyed by me to J. H. Smith was not part of the Frans Smith tract. The land to Smith was four different tracts:

A 20 acre tract where the house sits I purchased from Chancery Court.

2nd tract, being on the east side of the Smith farm I purchased from Chancery Court.

3rd tract known as the hollow part of the J. H. Smith farm I purchased from Dock Hix.

4th tract, about half the 200 acre tract I purchased from J. B. McCoin.

I deeded the same to J. H. Smith through false and fraudulent representations made by Smith and intended to make him a deed to the parts purchased from Chancery Court... told him I would not warrant it.

The night before the deed was executed Smith came to my house and stayed all night... brought considerable amount of whiskey and I was under the influence... didn't know what the deed purported to convey until after it was signed and acknowledged.

Smith pretended to pay $950 in bonded whiskey. After Smith got possession of the land, the whiskey was reguaged [sic] by Government officials... found to be only 650 gals., incumbered [sic] by debt of $600 to the Government. Smith executed a note to myself for $950 on condition he make good on the whiskey...

The witness [Wade H. McCoin] sued Smith for possession, the bill was dismissed and witness appealed to the State Supreme Court and while this was pending, witness moved away to the State of Illinois.

In his absence and without the consent of him or his wife, the suit was compromised and Smith remained in possession. The witness never received anything but $150 for the farm... nor anything purported to be in the compromise.

Records show F. M. Price and Complainant Mollie F. Price married 18 May 1873. At the time of the marriage F. M. Price lived on the home place, now owned by J. A. Carter.

I was born in 1858 on August 19th.

The description in the levy [against the Price place; earlier case] covered where Jasper Carter lives and no other. I have surveyed all around it and once owned land adjoining.

Mollie Price doesn't own any land I know of.

/s/ W. H. McCoin

[Mrs.] L. J. McCoin. I will be 79 years old in June. I have lived on Pine Lick Creek in Jackson County since 1861.

Ques: Did you know F. M. Price in his lifetime and were you related?

Ans: I knew him. He was my brother. He was the older.

Ques: Who did he buy the land of?

Ans: I sorter loose [sic; lose] names once in a while - Cornelius Copeland.

Ques: Was F. M. Price married at the time he bought the land from Copland?

Ans: No.

Ques: Say whether he took possession... open, notorious... continuous until it was sold in 187[smear].

Ans: Yes sir. He and my father and mother but it was understood it was his land.

Ques: Was F. M. Price ever married [before he married Mollie]... how many children did he raise... where were they born?

Ans: Yes he has five children living and two dead at this time. I suppose the five are still living they were all born up there on the place where Mr. Carter lives.

Ques: How old was your son J. N. McCoin when you moved here in 1861?

Ans: We come here in December and he was eight years of age in January following.

Ques: Was F. M. Price married when you moved here?

Ans: Yes - don't know exactly but not very long.

Ques: Do you know Logan Hufhines? Did he ever live on the Jasper Carter place?

Ans: I used to know him - not that I ever recollect of. He lived on the Harrison Smith place.

Ques: Which is oldest - your son J. N. McCoin or F. M. Price's oldest?

Ans: Think my son is a few months the oldest.

L. F. [her X mark] McCoin

DEPOSITIONS 25 March 1915:

Mrs. Rettie Draper age 34, live 13th District, Jackson County. I am the wife of James P. Draper who is the son of John S. Draper. John S. Draper died June 22, 1911. I saw Mollie Price at the Quarles graveyard. She was at the burying. She was talking to Mrs. John S. Draper. Mrs. Draper said how long has Franc been dead Mollie? She said one year the 13th of this month. The Quarles graveyard is in the 13th District on Jennings creek.

Ques: Is there a record of John S. Drapers death?

Ans: There is a record in a bible at my house. Jim Draper wrote it in just a few days after he died.

Ques: Did you see your husband make the entry of the date of his father's death?

Ans: Not as I remember - his mother told him to and it is his hand write.

Ques: Who was with Mrs. Price at the time you speak?

Ans: Jim McCoin's daughter Nettie who is Fowler Taylor's wife now.

Lettie Gaines age 27, live 13th Dist. of Jackson Co. on Hensley Creek. I know Mollie Price. She is my aunt on my mother's side.

Ques: What was your first husband's name?

Ans: His name was Clay [This could be Tains or Gains; looks like Tai_s]. He is dead. He died December 10, 1911.

She [Mollie Price] was at my house in June before my husband's death, stayed something like a week or a few days. She said her husband France Price died in July before that. Molly Price and W. H. McCoin were at my house about spring 1914, drawing up a contract about a lawyer's fee.

/s/ Lettie Gaines

DEPOSITIONS 19 September 1914:

J. N. McCoin, live 13th Dist. in Jackson County. Knew F. M. Price as much as 50 years. Father moved to the place where he died in December 1861.

Believe they [F. M. Price family] moved in January 1874 to Wartrace creek on what is called the Carver farm. Before that they were in possession of what is now the Jasper Carter farm. I rented it from them in 1875. Mrs. Dodd took possession about 1877. W. H. Botts bought it... Sheriff's deed 29 September 1877, Land deed book C, page 95 and 96. W. H. Botts sold it to Mrs. Dodd. Since that sale, W. H. Botts, Nancy P. Dodd, M. C. Lovelady and Jasper Carter have been in continuous open... adverse possession. The land is bounded by John I. McCoin [*], W. B. Roddy, Pembroke Tinsley, Mary J. Draper and heirs of Thomas J. Price.

Ques: When did F. M. Price and wife Mollie leave this country where did they go.

Ans: Something about 12 years, to Christian County, Kentucky.

[*] Possibly should be John J. McCoin. Although this document was typed, it mentions a deed 1877; one clerk's "J" looked like "I"; couldn't tell difference until John J. McCoin signed - mlj].

ADJOURNED, resumed with J. N. McCoin September 24, 1914.

I got my title from J. B. McCoin, he got his title from F. M. Price, Wade McCoin got his title to a 2/3 interest of a 200 acre tract from J. B. McCoin, me and him together got the title to the 200 acre tract from J. B. McCoin.

Ques: Do you know anything about the whereabouts of the deed from F. M. Price to J. B. McCoin for this 200 acres?

Ans: Nothing more than since he has been in Oklahoma he sent me a deed. I sold 70 acres to Louisville Lumber Co.

Ques: How old is J. B. McCoin?

Ans: Bedford McCoin ought to be about 51 years old.

Ques: Then he was born in 1863?

Ans: I believe a little later.

Ques: Have you in your possession the family record showing when your brother J. B. McCoin was born?

Ans: The old bible is at my house.

Ques: What other lands besides the Jasper Carter farm did F. M. Price own ... 1875?

Ans: Land where Harrison Smith's house now sits.

Where B. Gaines and Uncle Bailey Carter and P. Carter lives.

Tract called the Osborn tract.

Tract called the Henry Sweesy tract.

Ques: Was F. M. Price married before he married Complainant and how many children by his first wife?

Ans: F. M. Price was married before he married Complainant. I remember five children.

Ques: How old would the oldest be if living?

Ans: He would be about 59 years old.

I first remember F. M. Price living on what is the Jasper Carter place. I was a very small boy when I went there with my father - about five years old. I was born 1855.

/s/ J. N. McCoin

DEPOSITION 20 June 1914, taken in Todd County, Kentucky:

W. B. Price. I was born 23 February 1864, live near Fairview, Christian County, Kentucky, P. O. is Pembroke, Kentucky R.F.D. #3. Father was F. M. Price. He died I believe July 13 1910 near Elkton, Todd County, Kentucky. Buried near Fairview near Christian County, Kentucky. I was not present at his death, but was present at the burial.

His date of death is in my brother A. J. Price's family bible as July 12, 1910. F. E. Wade of Elkton was acting undertaker. There was no minister. Present at the burial were Mr. and Mrs. Neal Carver, Elkton, Kentucky.

F. M. Price was the husband of Mollie. She was my step mother.

The land where F. M. Price lived in Christian County was sold to pay the balance due. They lived on it three years, was living with complainant Mollie Price when he died. Promised to pay I think $1200, bought it from G. W. Lackey of Pembroke, Kentucky.

I lived with my father when he lived on Jennings Creek in Jackson County.

/s/ W. B. Price

DEMURRER of Jasper Carter, et al to Bill of Complaint of Mollie Price. Mollie Price is not entitled to dower... property not owned by her husband at his death...

BILL OF COMPLAINT of Molly F. Price against Jasper Carter, Bailey Carter, P. Carter, S. B. Gains, M. G. Butler and J. H. Smith of Jackson County, Tennessee.

F. M. Price died intestate in Kentucky [blank] 1911. He owned 21 July 1875 on pine lick fork of Jennings creek about 500 acres bounded by John I. McCoin [or J], W. B. Roddy, Pembroke Tinsley, Mary J. Draper and heirs of Thomas Price jr. deceased, being land he purchased of John Sanders, Thomas Price jr., Cornelius Copland and now in possession of defendants Jasper Carter and J. Harrison Smith.

2nd tract the William G. Hufhines tract purchased from Joseph Hix of 275 acres bounded by L. S. Cheeries [sic; Cherry's] heirs, Mary J. Draper, John I. [or J] McCoin and Ezekiel Carnahan.

3rd tract on Pine Lick in Jackson and Clay Counties known as the Hall farm about 10 acres bounded by John I. [or J]McCoin, Mounce Gore heirs and the heirs of Pleasant Cheery [Cherry],

and three shares in Draper lands in Jackson County, Tennessee bounded by lands of G. W. Hufhines, Short Wiggins, Hall heirs, A. D. Dycus, J. W. Carver, James Ray, Lydle Stubblefield and William Hunter being shares purchased from Cornelius Carver, Thomas Carver, Alex Cassetty and wife Sarah Cassetty.

Husband executed trust deed 24 August 1875 to M. G. Butler as trustee who accepted that trust... she did not join in the deed... Sheriff's sale in violation of her dower rights.

DEPOSITION 12 March 1915:

Mollie F. Price. My husband died in July, think four years ago next July. I will be 56 in September. I have been living in Jackson County about 18 months. We married in Jackson County in 1873. My husband was married before, the oldest child from this marriage was about 17 - 18 years old when we married. I had heard him say he had lived on the farm on Pine Lick Fork of Jennings creek 25 or 30 years. We moved over on Wartrace creek in a house with my Mamma. She was a widow woman... no body to live with her but my youngest brother and she wanted me to come live with her.

We lived in Todd County, Kentucky at his death, had been living there two years. Moved from Christian County, Kentucky. We moved to Kentucky in 1900. I didn't want to move but got to like it better. I bought a place when we first moved there. He was an old man. He got hurt and couldn't pay for it. I paid $500 [down payment]. He wanted to move because his two boys was there and could help him. He died July 13, 1911. My husband was sent to prison 15 or 16 months.

I am Jim Carver's daughter. My husband bought four shares of Father's land, but never got it all paid for - they took it away from him.

When he came back from prison we lived on mother's part and then built a house on my part.

We took the deed to Todd Co., KY land in my name... were living there when he died.... sold it to Alex Carpenter.

We moved to Hopkinsville Pike to the Toll Gate place owned by Judge Winfrey.

I came to this country in September 1911 to Nashville with my brother Neal Carver, then the rest of the way by myself.

Mr. Price was buried at Arnett Graveyard about two miles from Fairview, Christian County, Kentucky.

Botts Price lived in Fairview when I left, don't know if he's still there.

A. J. Price called Andrew lives in Fairview, Kentucky.

The bible got misplaced when we moved.

After my husband died, I went in the house with my brother Neal Carver, went there in July stayed to September, then here to June then to my brother Joseph Carver's in White County, Tennessee for six weeks and then back to Kentucky to brother Neal's. I've been back here since 22 September 1913.

Brother Joe Carver's address in White County, either Cove or Doyle is where he gets mail.

I made a visit to Bailey Carter's before the marriage of Martha Carter to C. B. or Brock Jenkins... 18 October 1911.

Ques: Was P. Carter there?

Ans: I think he was.

ADJOURNED to Saturday March 13, 1915.

Ques: Where were you... 12 November 1909 when the deed was signed from F. M. Price and wife Mollie to G. W. Johnson, acknowledged by J. L. McCarver, Notary Public?

Ans: At John L. McCarver's house.

/s/ Mollie F. Price


[NEW] PRICE, NANCY OXENDINE, widow of PRICE, THOMAS vs

PERRY and DEWITT & others (Will of Luke Price) 1840, 1853-4

Note: More on this family is on Reel #61, possibly others. The Last Will & Testament of Luke Price appears much further on reel; inserting here for clarity; may help with following Answer, which is not clear to me. - mlj].

LAST WILL & TESTAMENT OF LUKE L. PRICE

I, Luke L. Price of the County of Jackson, State of Tennessee, Planter, do make and publish this my Last Will & Testament, revoking... former wills...

first... body be decently interred at the meeting house of Benjamin White's on Jennings creek in said county... worldly estate... I dispose of the same as follows...

secondly... debts paid... money that I may die possessed of... to my beloved wife Abigail during her lifetime but should she marry again and my executors find there was an improper use made... wasting... about to be destroyed... executors take into their hands the whole of my estate... save it for her... so that my wife is maintained during her natural life.

thirdly after my wife Abigail is deceased I give unto my five brothers and sisters Nathan Price, Campbell Price, Edwin Price, Thomas Price, Finney C. Carter and Sally Gittings $10 apiece.

fourthly ... my brother Campbell Prices son Luke Price and all my brother Thomas Prices children to be equally divided between them giving each an equal share provided my brother's son Luke Price should live until the decease of my wife Abigail, but should Luke die before Abigail his share shall be equally divided between all my brothers.

I do hereby make order and appoint my beloved wife Abigail executrix... esteemed neighbor and friend David Myers and my beloved brother Thomas Price executors... 30 January 1837.

/s/ Luke L. Price {seal}

Wits: /s/ Samuel Dewhitt, /s/ Tandy K. Witcher, David [his X] Myers

ANSWER of Holland Denton, guardian ad litem of Thomas L. and Elizabeth Price, minor heirs of Thomas Price, deceased to Bill of Complaint of William H. DeWitt and others against Nancy Price and respondents and others.

True his wards Thomas L. and Elizabeth Price are minors and children of Thomas Price, insists they are not illegitimate but they are the lawful issue of said Thomas and Nancy Price, that he knows nothing of the former marriage of the said Nancy to one Jonathan Oxendine... from what he has learned it was a mere farce... no validity - but what he has learned of the records of the marriage of Thomas and Nancy it was all regular. 6 March 1854.

BILL OF COMPLAINT and Bill of Review of William H. DeWitt and Jackson Perry, Administrators of Thomas Price, deceased. Dewitt a citizen of Macon Co, TN and Perry a citizen of Jackson Co., TN; also the said William H. Dewitt and wife Emeline H. Dewitt formerly Emeline H. Price, Jackson Perry and wife Sarah R. Perry formerly Sarah R. Price, Samuel Griffith and wife Nancy formerly Nancy Price, William G. Hughes and wife Jane ?T. Hughes formerly Jane ?T. Price all of Jackson County against

Nancy Price, widow of said deceased, John K. and Thomas L. Price, the last two are minors and no named guardian of Jackson County; also Micager, Elizabeth, Emeline, Sarah, Thomas, ?Irvin Price and William Price of the State of Masoura [sic].

Luke L. Price departed life 1837 in Jackson County, Last Will & Testament duly proven... died seized and possessed of some four tracts of land amounting to about 450 acres. Entire estate except some specific bequests... to the widow of Luke L. during her life and at her death to Luke Price a son and the child of (now) deceased Thomas Price to be evenly divided.

The said widow [of Luke L. Price - mlj] is dead. She died [blank] 18[blank].

The children of said Thomas Price were the feme coverts, complainants, and defendants Jno K. Price more particularly described in said original bill.

Complainants would here charge that the last named complant [sic] and their said Husband are the only Legatees that is entitled under said will as children of said Thomas Price deceased.

Complainants further state... 2nd day of November 1850 a potion [sic] of said complainants joined in a bill of complaint with Thomas Price who was then alive praying for a sale of land and division... Sam T. and Nancy Griffith were made defendants, the said Luke Price son of said Campbell were also made defendants, the said Thomas L. was made ?no complain [sic] by his suposed [sic] guardian Thomas Price.

Complainants futher [sic] charge that the Bill was taken for confesed [sic] as against the now complainants Sam T. and wife Nancy [Griffith].

July term of court 1851 cause was referred to C & M as to whether the land was susceptible to partition, land subsequently ordered sold.

C & M reported March term 1852 that he had sold said lands to said Thomas Price for $700 on 22 October 1851, took Price's note with security and that Thomas Price be appointed trustee for Nancy Griffith wife of Sam T. Griffith.

Some time in October 1852 Thomas Price departed this life intestate leaving Nancy his widow. That she is now and was at the death of said Thomas supposed to be Pregnant. That the said defendant Thomas L. Price is a lawful heir of said deceased Thomas tho born long after the death of said Luke L. and his widow.

They here charge that he is not entitled to any potion [sic] of said land by the express terms of said will. That he was not in existance [sic] at the time the title of said complainants accrued to them and the said defendant John K.

Complainants further charge at the November term of county court 1852 complainants William H. Dewitt and Jackson Perry were appointed Administrators &c of Thomas Price deceased.

Thomas Price did not pay the note of $700... same is in possession of Wm H. Botts Clerk & Master.

Complainants ask cause be reviewed.

1st At the time of filing bill... the said Luke Price son of Campbell Price were dead and had been for some time. He died without the limits of this state as they are informed and believe intestate and without issue but left the said defendants Micajah, William, Elizabeth, Emeline, Sarah, Thomas and ?Irvin who were the children of Campbell Price. These facts have come to the knowledge of complainants since filing the bill.

2nd under said decree defendant Thomas L. Price comes in for an ?heir as under said will this is ____ he is not entitled.

3rd The master was directed to sell said land on a twelve months credit and it was sold in six months time.

4th a trustee was appointed for complant [sic] Nancy Griffith without her knowledge or consent.

5th lands are worth much more than $700 and may now be divided amongst entitled without a sale.

6th... Proper parties were not made. That minors cannot sell land by their Guardian... must manifest [prove that is be in their best interest by evidence leading to decree].

DEPOSITIONS 19 June 1854 [probably beginning date, until complete]:

Sarah Price, about age 60. Known defendant Nancy Price about fourteen years... from about the time she and Thomas Price married until his death. Her department was dutiful... lived agreeably... I lived about three miles from them... reputation good... behaved prudently. Treatment of the children of Thomas Price was kind.

Ques: State how you are related to all the parties.

Ans: My husband and hers were brothers. I am the aunt of the complainants.

Cross-Examination

Ques: Did not the defendant Nancy leave Price in his lifetime and go to your house and stay until Price came after her and if it was not with grate [sic] difficulty that he could get her to go home with him?

Ans: Defendant Nancy came to my house and stayed from Friday until Sunday and on Sunday Price sent a horse for her and she went home. I don't know whether she was mad at Price when she left.

Ques: At the time defendant Nancy went to Prices to live say if Prices children were not all single.

Ans: I think they were

Ques: Say if you have not frequently said that you wood [sic] rather that defendant Nancy and her children wood [sic] get Prices property than for his children to get it.

Ans: I have said I thought Deft Nancys children ought to have there [sic] share with Prices children as I consider the children of Deft Nancy are children of Price.

Ques: Have you not heard Deft Nancy say that Price was dissatisfied with her on the account of her marriage with Oxendine in White Co.

Ans: Never heard.

Ques: Say if you heard T. K. Witcher influenced Price to live with Nancy.

Ans: I don't know.

Re-cross examine

When she came to my house she said she had went to Vandandts, something about weaving. When Price came for her he seemed friendly as usual he had been out deer hunting with some other men... she had a child with her... he said for her to stay and he'd send a horse for her.

Rumor was the [older] children were in fault... abuseful to her... she took more than any other woman would have done...

His first family were all girls but one - there were five girls, four of the girls were grown or nearly grown, one of the girls and John Kenner Price were small. The girls all married off before his death except one that died several years before his death.

Sarah [her X] Price

Edwin Price, age about 60. I am a brother to Thomas Price, lived about three miles. I was at his house after he and defendant married. She always behaved prudently... treated them kindly... Complainant Perry is the first person spoke against her, was not common rumor.

She [Nancy] came to my house and stayed a day and night or two... Price sent a horse for her. Don't think they were mad.

It is said that T. K. Witcher is dead - don't know anything about Witcher influencing Price.

Ques: Do you not know the fact that after Price learned the fact that Deft Nancy had a living husband in White Co., Ten he became very much disadified [sic].

Ans: I never heard Price say anything about it. They were living together a good while before I learned Nancy had a husband in White Co.

It was generally reported she suffered a great deal of abuse from Complainants... more than I would.

Edwin [his X] Price

Elizabeth Myers about 48. Live about three miles from Thomas Price from the time he married deft Nancy Price until his death. Knew her about two years before she married, lived about one-fourth mile... prudent, industrious. It was reported in the neighborhood her first marriage was a sham, thought Price always knew it.

Elizabeth [her X] Myers

Sally Griffith about age 36. Acquainted with defendant Nancy Price 16 - 17 years, ever since she has lived in the county... lived from one to four miles at different times.

She left this County and was gone I understand to White County.

Ques: Say if Nancy would not get mad at Price and his children... stay with Isaah Vansandt her reputed father.

Ans: It was reported she would get mad with Price's family and stay at Vansandts. Don't know if she ever got mad with Price. I understood from Polly Dewitt that she brought her back here from White Co. Mrs. Polly Dewitt was living last I heard.

I heard Mrs. Tandy Witcher say she opposed their marriage... she was too young to marry a man his age... bound to be left a widow.

/s/ Sarah Griffith

David Myers about age 67. Lived within two miles of defendant and her husband after they married. She lived within one-fourth mile for two years before her marriage. Now live about four miles. Known her 12 - 14 years or longer.

He [Thomas Price] told me the night before he and defendant were married that he knew all about the marriage of deft and Oxendine but that she was forced into said marriage or was drunk as he had understood.

He asked me to go tell his children he was marrying and to bring him back a bottle of whiskey. They were tolerably displeased.

Ques: Say if you were acquainted with the Luke Price land that said Price willed to the heirs of Thomas Price and his nephew L. Price son if Campbell Price in 1831 and 1832.

Ans: Am acquainted with it... then worth $1000 - $1200.

David [his X] Myers

Pleasant Henley age 54. Known defendant six or seven years. Was at the sale when property was set off to defendant. James W. Draper, James G. Cunningham and myself were Commissioners. Complainants Dewitt and Perry were present, perhaps Griffith - don't recall.

/s/ Pleasant Henley

John M. McKew & Walter Clarke, both lawful age. Both witnesses state they have known defendant 17 or 18 years, Luke Price land worth about $1000.

/s/ J. M. McCue, Walter M. Clark

Joseph Roddy age 44. She [Nancy Price] has two children, oldest 8 or 9 and youngest some over one. Her character and deportment are good.

I was there when Prices son was sick and he [Price] was sick... she treated them kindly and attentively. His son was sick two months or longer.

I have heard that one of Prices daughters knocked Nancy down with a stick.

/s/ Joseph Roddy

David Griffith age 66. Known Nancy Price since about 1837, lived 1 - 3 miles except when she was absent from this county. Deported herself well enough.

Heard of her and Prices family disagreeing, not her and Price.

I lived in White Co. shortly after the marriage of Nancy to Oxendine and was acquainted with the J. P. that I understood married them. Price told me he had been to Sparta and examined the records... that it did not appear to be legal.

The children said to me they... would not have objected to their father marrying some good old woman about his own age, but... on account of her being too young and also on account of her having been married to Oxendine and spoke of his being a negro.

/s/ David Griffith

James G. Cunningham age 43. Was at the sale of Thomas Price, deceased.

/s/ J. G. Cunningham

Leonard Jones about age 32. I was there during his [Thomas Price] last illness, said he wanted to write a will. He sent for his son John Kenner... John did not come... was much distressed... Did not want to be in the room. A. W. Dewitt was there... asked him to write a will but he didn't, said he didn't want to write a lawsuit... Price was not of right mind. I thought sometimes he was of right mind and sometimes not. It was late in the evening and he died the early part of the night about 9 or 10 or 11 o'clock.

/s/ Leonard Jones

John Ferguson about age 28. I was there the day before he died. He wanted to make a will and give Nancy a tract of land and give his son John a tract of land... wanted them to consult and agree which should have the house tract. Leonard Jones was there after I left. Mr. A. W. Dewitt commenced writing a will, but did not finish while I staid [sic]... Price went off to sleep and when he woke he didn't seem in his right mind.

/s/ John Ferguson

Eleanor Bordon age about 44. Was acquainted with Nancy most of the time since about 1835.

Eleanor [her X] Bordon

[CERTIFIED COPY of Last Will & Testament of Luke L. Price filmed here - mlj]

MARRIAGE BOND, State of Tennessee, County of Jackson. We, Thomas Price and John B. Sanders... bound to ... Governor, State of Tennessee... Thomas Price and Nancy Martin. 26 August 1840.

/s/ Thomas Price, John B. Saunders

On the back is the following endorsement: Legally executed on the 26th of Aug 1840.

/s/ John B. Sanders

MARRIAGE BOND, State of Tennessee, White County... We Jonathan Oxendine and Hilson Oxendine to... Governor, State of Tennessee... Marriage of Jonathan Oxendine and Nancy Martin... 4 March 1837.

Jonathan [his X] Oxendine

Hilson [his X] Oxendine

RETURN of J. P., 4 March 1837... I performed the ceremony... Jonathan Oxendine and Nancy Martin.

/s/ William Bartlet, J. P.

DEPOSITIONS 11 April 1854, White Co., TN before Joseph D. Hyder, J. P.

William Buckner about age 41. Nancy Price (formerly Martin) lived at my house about one year previous to marriage to Jonathan Oxendine... absent part of that time... still made it her home.

Jonathan Oxendine stopped at my house one time, I gave him a dram...

I saw her the next morning about sunrise after the marriage... started crying, said she guessed she was married. Newell Jackson came after her to say with his wife... she said Jackson had a black bottle with some sweaten [sic] liqer [sic] in it. She was more easily effected by liquor than most.

She lived with her reputed father one or two months. Her mother was poor. She lived part of the time with her reputed father and part of the time with her grandmother Martin and part of the time with her mother.

I saw Oxendine grab her and drag her 30 or 40 yards... refused to live with him... she never lived with Oxendine after her marriage.

She said when Newel Jackson came home Esq Bartlett and Oxendine came with him... persuaded her to have him.

She met with her grandmother... appeared more distressed than before, not reconciled to marriage.

Me and my wife left to go to ?Brecks Store and left her to take care of the house and when we got back about dark she was gone.

William [his X] Buckner

William Hunter about age 71. old Man Dearing got a pint bottle of brandy, said it was for Oxendine that he was getting married that night. Never heard of Oxendine keeping company or courting with Nancy before the marriage.

Those that helped her leave the neighborhood was Mistress DeWitt and Mistress McWhirter... they lived the other side of Cumberland river.

Cannot say her age, from her appearance she was not fully grown... never knew anything against her conduct.

Am acquainted with Oxendine... from his hair and appearance... no negro blood.

Ques: Say if you are acquainted with his mother Omi and if he and Hilson are full or half brothers.

Ans: Knew her when I saw her and what is called her children, Jonathan and Polly Wilson and Mandy I have not heard very much about it but heard they had one mother but different fathers. Jonathan is the eldest, Polly next and Mandy the youngest. Jonathan and Polly are fairer than Hilson and Manda.

Jonathan Oxendine is swarthy and dark hair if there is any kinks in it I do not know it. He has voted in elections. His father is reported to be white.

William [his X] Hunter

Nancy Martin about age 73. I am defendant Nancy Price's grandmother. She was going on 13 years of age, had not the appearance of being fully grown when the marriage with Jonathan Oxendine occurred.

She lived with me and her mother, and two or three weeks before her marriage with Buckner. She had no education.

I saw her at William Buckner's after early breakfast next morning. She was crying and lying on the ground.

Said Buckner and wife went off and left her and Rosy Verbal and an infant child and after they left Newel Jackson came and asked her to stay with his wife... Jackson went off and brought Oxendine and William Bartlett back... they would have her drink with them. She supposed she was married, but didn't remember. She never lived with him an hour. She left the neighborhood some 2 - 3 weeks after the marriage to get shed of Oxendine. Nancy Guarner took her to Gilbreaths at Gainesboro. She did come back to the neighborhood and Mrs. Polly DeWitt and Mrs. McWhirter assisted her in leaving again.

I think Omi Oxendine the mother of Jonathan had the appearance of being mixed blood. Jonathan had thick and dark skin, hair was curly.

Nancy [her X] Martin

Isaac Buck age about 54. I knew Nancy before her marriage to Oxendine. She came to my store and bought a dress. Saw her riding behind her uncle Jackson.

She left this neighborhood and went somewhere about Gainesboro as I understand.

Ques: Say if after she left if anyone wrote inquiring about the circumstances of the marriage.

Ans: Some time after she was gone I received a letter with Tandy K. Witchers name to it... inquiry was made if they was married and Oxendine was a negro. I did not answer immediately until I inquired of Esq Wm Bartlett who solemnized the rites...

"Esq told me if I am capable of solemnising the rites... I did and I thought he was as proper person as any to inquire about the negro blood as one of his sisters had been living with him for years and was living with him at that time his answer to me was that he did not consider that there was any negro blood in Jonathan and Polly I asked Esq Bartlett about her being forced to marry and believed she was the willingest of the two she [s]poke to him and told him if he was going to marry her it is time he was at it if there anything holding up or forcing it was on account drunkenness but did not say she or anybody else was drunk then I answered the letter according to the information I received from Bartlett".

Oxendine was kind of a low groveling kind of a creature, not much thought of. Don't think there was negro blood in him. Oma Oxendine said there was Indian blood in her. Jonathan's hair was black, is getting a little gray, is curly, not kinky.

Hilson Oxendine... kinky hair and yellow skin. I heard him say himself there was negro blood in him... heard him tell Jonathan that if there was negro blood in him that he would be of some account.

My understanding is Hilson and Jonathan had one mother but two fathers.

/s/ Isaac Buck

David Nicholas about 45. Knew old man Oxendine, don't know if he was Jonathan's father. Very dark, appearance of part negro.

Ques: Say if you are acquainted with Hilson Oxendine, the son of old Davy Oxendine.

Ans: Hilson had yellow skin, kinky hair, mixed blood.

/s/ David Nicholas

John Bohannon age about 64. Nancy appeared to be between twelve and fourteen when she married Jonathan Oxendine, both were drinking.

I understand Jonathan's father was devil bill williams [sic] he was called. He had the appearance of a white man without mixed blood. Omai, the mother of Jonathan was dark, had straight black hair.

John [his X] Bohannon

Newell Jackson age 42. I know Nancy and Jonathan. I and Jonathan are cousins I never saw him talking to her but once - one or two weeks before the marriage. I went with him and Nancy was the only lady there and he talked to her. We was at a log rolling and he said he was going to marry her and wanted me to get her for him. I told her Jonathan sent me after her. She rode behind me. When we got there my wife and Judith Grant were there, Hilson Oxendine went after Esq Bartlett. It was spring of the year 16 or 17 years ago.

Ques: State if you were acquainted with Hilson and Jonathans mother Omai and if she is dead.

Ans: Omi is dead. She was my aunt. Heard her say they were half brothers that Jonathans father was a white man.

Esq. Bartlett has left this country and I understand lives in Missouri.

I am cousin to Jonathan and Hilson, have not seen Hilson in some time.

Newell [his X] Jackson

Anna Jackson age 41 or 42. I saw Jonathan and Nancy talking about a month before the marriage.

They was married at my house. Jonathan came to my house looking for my husband and I said he was at James Jackson's at a log rolling.

She [Nancy] appeared about 13 or 14 years old. Her mother lived not more than a half mile and her grandmother about 2 1/2 miles.

Anna [her X] Jackson

William Rogers age 67. I have lived in this neighborhood since February 1816. About five or six years after til Ome [Omi/Omai] Oxendine came to this settlement. One of my brothers partly raised Hilson. Ome had a dark complexion, long straight black hair, said she was mixed with Indian. Jonathan had rough looking dark skin, dark straight black hair.

William [his X] Rogers

Thomas H. Cooper age about 48. Known Oma, Jonathan and Hilson. She was tall, had high cheek bones, was dark, had dark straight hair. Said she was mixed with Indian. She is dead. I heard her say Jonathan and Hilson were only half brothers.

Jonathan and Polly did not have the same father that Hilson and Mandy did. Jonathan was older than Hilson, Polly older than Hilson.

Nancy was poor... lived about in the neighborhood some but principally at her grandfather's.

/s/ Thomas H. Cooper

Nancy Whiteacre age 33/ Nancy [her X] Whitaker

Benjamin H. Watson age 29. Know Jonathan Oxendine. He gave evidence against me, State of Tennessee for a breech of the stray law.

/s/ B. H. Watson

Samuel Madewell age 53. Know Jonathan and Hilson Oxendine, knew Ome Oxendine in her lifetime ever since she came to this neighborhood until she died it had been upwards of 20 years since she came to this neighborhood.

Jonathan and Hilson have both lived with me before and after they married as well as I recollect. Ome was of dark complection [sic] with Black straite [sic] hair from her hair complection and features I don't think there was any negro blood in her.

Jonathan is not quite so dark as his mother his hair is black not quite so dark from his appearance I don't think there is any negro blood in him.

I cant say how old he was when I first saw him he was a chunk of a plow boy. Jon is oldest.

Ques: Say if you ever heard Omai while she was living at your house say anything about Jonathan and Hilson being half brothers.

Ans: She said they were half brothers that Jonathans father was Williams and Hilsons fathers name was Oxendine she said that Jon and Polly was borned before she took up with Oxendine. When I would call Jonathan "Oxendine" she would say his name was not Oxendine.

Never saw any man courting Nancy or paying any attention to her.

As well as I recall - soon after she had been married to Oxendine I went with James Bartlett in the night to her grandfathers to take her down to the old man Hunters. Bartlett put a swich [sic] through a crack to give her a sign to come out as I supposed. I then left there and went to Charles Madewells and soon after I got there Bartlett came with her and Bartlett took her on to Hunters and I went with him Hunter was living with Bucker. When we got to Hunters it was late in the night Hunter got up out of his bed and put on his cloths [sic] the old man looked like he was well pleased... Buckers wife got up and got our super [sic] and then I went home a few days after that time I went to move her grandfather off and Hunter overtook us at white plains after her cloths and her grandmother refused to give them up Hunter then paid her for her cloths and took them.

[Hunter] has been dead for several years.

It was talk in the neighborhood she [Nancy] was too great with Hunter.

Ques: Say if at the time Mr. Bartlett and yourself took Nancy to Hunter's if Hunter was an old man of 75 or 80 years and upward and if William Buckner and wife was not living at the house with the old man Hunter.

Ans: He was an old man don't know how old and Bucker and family and Hunter was all living together at Hunter's farm.

Ques: Say if you ever saw improper conduct between old Mr. Hunter and Defendant - any indecently familiarity.

Ans: I did not on that night nor any other time.

Ques: Say if defendant did not live with Hunter for some time when a small little girl.

Ans: Hunter made his home part of the time at Adams her step father. Adams was living on the Hunter farm. ... old William Hunter. 11 April 1854.

Samuel [his X] Madewell

ANSWER of Nancy Price, widow of Thomas Price. True Luke L. Price departed life 1837, left Last Will & Testament.

Her son Thomas L. Price as well as all the children of her deceased husband Thomas are entitled to an equal share of said lands. Her son Thomas L. was born 11 December 1844.

She is informed that her husband was appointed trustee for his daughter Nancy Griffith... Sam T. Griffith being an improvident man and that it was done by the Court...

Respondent is entitled to dower in land and Complainants principal object in having sale set aside is to resist her dower.

Her deceased husband Thomas Price has advanced [sums] to complainants in his lifetime, kept accounts... Administrators William H. Dewhitt and Jackson Perry have a memorandum made by said Thomas Price deceased.

Her son Thomas L. Price has not been advanced anything. She is informed any child she has or may have hereafter as lawful issue of their marriage will be entitled to an equal share...

DEPOSITIONS 28 June 1854, Putnam Co., TN at house of Joseph D. Hyder, Acting JP.

Catherine Buckner about age 40. I was acquainted with Nancy Price previously Nancy Martin one or two years before said marriage [to Jonathan Oxendine]. She lived at my house occasionally. The next day after marriage she came to my house crying she said they made her drunk said tell her mother and grandmother to come. She said she never wanted to live with him.

Ques: Say if the deportment of the defendant while you knew her was prudent and respectable.

Ans: I never saw anything amiss.

I am the wife of William Buckner.

Catherine [her X] Buckner

James Bartlett about age 44. I met Nancy when she lived at William Hunters and later at William Buckners. Neither Jonathan or Hilson Oxendine had any property worth naming. Hilson signed the marriage bond. The handwriting on the bond and license was William Bartlett. William Bartlett is my brother. He lived between one or two miles from me at that time. I suppose he now lives in the State of Missouri. He was an acting J.P.

Ques: Do you know of any persons going after Nancy with Saml Madewell one night.

Ans: Yes she was found at James Martins and was took to Wm Buckners.

/s/ James Bartlett

Jesse Rogers about age 46. I knew defendant at the time of her marriage she was not full grown...

Ques: Was she as much as 9 or 10 years old from her appearance?

Ans: I think from her appearance she was that old or older. She lived about two miles from me.

/s/ Jesse Rogers

Thomas Pullen about 45. Am acquainted with Newell Jackson, would not give him credit on oath. Know William and Catherine Buckner, could give them full credit.

/s/ Thomas Pullen

George Henry about age 55. Don't know about Newell Jackson, only what people say and if it's true, I'd rather not say.

Can give full credit to William and Catherine Buckner on oath.

George [his X] Henry

Campbell Bohannon about age 44. I saw Jonathan Oxendine the evening he was married after dark between where the gathering [log rolling] was and Newell Jacksons, took him to be drunk... falling down near a patch of briers and from his speech.

Campbell [his X] Bohannon

ADJOURNED to Thursday June 29 [1854]:

John Jackson about 85. My father and mother said she [Omai Oxendine] was my sister. I am the oldest, think ten years the oldest. Omi Jackson was Jonathan Oxendine's mother. Bill Williams was his reputed father. Omi is dead, don't know what has become of Williams. Haven't heard of him in 29 years.

Jonathan was born before Omi ever saw Oxendine.

Ques: State as near as you can how old Jonathan was before Omah took up with Oxendine.

Ans: He was about four years old.

Knew Hilson Oxendine, they were half brother's by his mother's side. Omah lived near Ned Robisons in Jackson County when Jonathan was born. Oma and Oxendine met up in Jackson County. They lived in the flat woods on the waters of Blackburns fork.

Jonathan is my sisters son.

Newell Jackson is my brothers son.

Ques: Say if you are related to David Jackson that family lived in Jackson County and what kin Jonathan Oxendine is to said David.

Ans: He is my brothers son. Jonathans mother and David Jacksons father is brother and sister.

John [his X] Jackson senior

John C. Jackson about 38. John C. [his X] Jackson

Foregoing depositions taken 28 and 29 June 1854. /s/ Joseph D. Hyder, J. P.

James G. Cunningham age 44.

Ques: State if you were acquainted with Abigil [sic] Pipkin, deceased in her lifetime, how long you knew her and who she had married before she married Pipkin.

Ans: Knew her from 1828 or 1830 up to her death. When I first was acquainted, she was the wife of Luke L. Price.

Think Luke L. Price died about 1837 or 1838. Luke L. Price was the brother of Thomas Price or so known and called. Abigal [sic] the widow married Pipkin one or two years after Luke L. Price died and she died about the first of the year 1844.

/s/ J. G. Cunningham

DEPOSITION 15 January 1855, White County, Tennessee:

George Dibrell, age 29. Nicholas Oldham was Clerk of the County Court, White Co., TN. I am informed Mr. Oldham now lives in Waxahatchie, Ellis County, Texas.

/s/ G. G. Dibrell

BILL OF COMPLAINT of William H. Dewhitt and wife Emelia H. Dewhitt of Macon County, Jackson Perry and wife Sarah R. Perry, Jane T. Price, John K. Price, and Thomas Price, the last three minors by guardian Thomas Price of Jackson Co. and Luke Price a citizen of the State of Missouri, defendants.

Luke L. Price departed life in 1837 in Jackson County owning land... Abigail the wife of Testator is dead... [Bill to sell land - mlj]. 7 November 1850.

DEPOSITION 1 November 1854, house of John Madewell, Putnam Co., TN:

Judith Madewell about 32. Nancy and Jonathan married at Newell Jacksons by William Bartlett. Myself and Newell Jackson and wife and their family were present. Nancy seemed willing they was sober - next day Nancy was talking about getting Jonathans sister Polly to live with them.

Ques: Say if yourself and defendant Nancy are connected.

Ans: We are related.

I heard Nancy talking about borrowing a dress to get married in and she asked sister Anna Jackson to loan her one and she refused and then she sent to my mother to borrow one but did not get it for mother refused to loan it to her.

Nancy's mother and grandmother was dissatisfied with Nancy's marriage of Jonathan.

Newell Jacksons wife is my sister and Nancy is my 2nd cousin.

Judith [her X] Madewell

[NEW - Misfiled] PERRY, JACKSON vs REYNOLDS, ELIJAH & VITETOE, WM

BILL OF COMPLAINT of Jackson Perry against Elijah Reynolds and William Vitetoe. Orator states Elijah Reynolds is indebted to him about $57.72 by note and judgments about $23 recovered in the names of L. D. and George Apple about 4 November and transferred to him. Elijah Reynolds is insolvent.

William Vitetoe sold a tract of land on north bank of Cumberland River bounded by John McKaughan, George Jenkins et al being same tract where Reynolds now live and bought from Vitetoe worth about $250 and $90 has been paid. Asks it be sold and debts paid. 14 June 1854. [Only document here - mlj].

/s/ Jackson Perry


[NEW] PRICE, THOMAS & LUKE [Returns to Nancy Oxedine Price case - mlj]

PROSECUTION BOND 17 November 1853: Nancy Price, Peter Huffines, Patrick Coplon, Broddus Kealong to William H. DeWitt and Jackson Perry, Administrators of Thomas Price, et al.

Nancy [her X] Price, Peter [his X] Huffines, Patrick [his X] Coplan, s/s B. Keelong

Test: Dorcas [her X] Coplan

TO SHERRIF OF OVERTON CO: Summon Jane Adams to appear in the town of Livingston, Overton Co. to give deposition 25 January 1855.


[NEW] PRICE, STEPHEN vs PRICE, EDWIN Chancery 1850

DEPOSITIONS 22 January 1851:

John Burris age about age ?77 [writeover, but pretty sure it's 77 - mlj]. Known Tandy K. Witcher about 51 years, entitled to credit on oath. Lived part of this time 8 or 9 miles from him, sometimes further.

/s/ John Burris

David Myers age 54. Lived within one-half mile of Tandy 18 years, known him 23, entitled to credit on oath. He was J. P. in this county 8 - 10 years or more.

Ques: Have you heard him accused of swearing falsehoods for the benefit of land speculators...

Ans: Not that I recollect.

Ques: Have you not heard him accused of having poisoned or in some manner destroyed his sister in law and destroy his wife's life?

Ans: There has been some such talk - don't know if it's true or not.

David [his X] Myers

John McDowel age about 53. Known Tandy about 21 years, lived 1 1/4 miles about 17 years. Entitled to credit on oath. He left the neighborhood some three or four years ago but has been back several times since.

/s/ John Mcdowel

William W. Morrell age 31. Tandy Witcher entitled to credit on oath. Have heard him accused of killing his sister in law and poisoning his wife when I was a small boy - do not know who circulated these reports. I think he had some enemies when he lived on Jennings Creek and I have heard these reports contradicted.

/s/ William W. Morrell

John VanHooser age 39. Tandy K. Witcher entitled to credit. /s/ John Vanhooser

James Neely age 39. Ditto above. /s/ James Neely

John F. Griffith about 47. Known T. K. Witcher 25 years ... more. Entitled to credit.

Known Stephen Price more than 25 years. Saw him in the fall of 1842 and while his wife was sick and after her death. He looked wild and seemed to be sulky, would not talk at times... long beard, dirty clothes. Do not think he was of sound mind until he went to live with Samuel Dewhitt.

I saw him when they was selling his property, don't know if it was November 1842 or not.

/s/ John F. Griffith

Matthew R. Morrell age 26. Known Tandy K. Witcher since I can recollect. Got the most of my schooling from him.

/s/ Matthew R. Morrell

James W. Draper, age 43. There was a suit in County Court between the common school commissioners and Daniel Witcher, and if not for Tandy K. Witcher's testimony the commissioners would have gained [won; apparently caused hard feelings. - mlj]. He is entitled to full credit on oath.

/s/ James W. Draper

William C. Pursell age 31. Witcher entitled to credit... /s/ Wm C. Pursell

28 January 1854:

Reuben Buck age 53 and Jefferson Roberts age 47 testified to rent value of land.

/s/ Reuben Buck, /s/ Jefferson Roberts

4 January 1850:

James Carnahan age about 66. Known Stephen Price several years, live 4 - 5 miles.

Ques: Were you acquainted with Stephen Price when he sold the place in dispute to Edwin Price... and how long was it after his wife's death when he left that place.

Ans: Do not recollect... saw him before he left... not in his right mind.

James [his X] Carnahan

DECREE - Tennessee Supreme Court on 13 January 1853 ruled Chancery erred in dismissing bill, reversed same. 5 November 1842, the date of deed from Complainant to Defendant the Complainant was of unsound mind. Deed is set aside and cancelled.

BILL OF COMPLAINT of Stephen Price... On 5 November 1842, his mind being deranged, executed deed registered in Book F p 232 and 233, four tracts of land in Dist. 4, estimated 125 acres on which Orator then lived... also hogs, cattle, sheep, corn... to Edwin Price. Orator has no recollection of being paid. 19 May 1849.

Stephen [his X] Price

DEPOSITIONS 5 January 1850, house of John Dickson, Jackson County, TN:

John Dixon age 79. Known Stephen Price 14-15 years, live 8 - 10 miles. Was acquainted with him about November 1842, acted stupefied, would not converse. Me and 18 men hunted for him one day until about dark... deranged until about 2 or 3 years ago.

/s/ John Dickson

David Myers age 62. Known Stephen Price 15-20 years. David [his X] Myers

Alexander Cubbage about age 61. Known Stephen Price 15 - 16 years he lived at the first house above Edwin Price and I lived 11 -12 miles from him. Heard reports of his being deranged - 1845 or 1846 he passed by my house with John Sisco I spoke to him, made me no answer. Had the actions of a deranged man. John said he was taking him to Ezekiel Carnahans for his son was afraid to take him. I saw him a year or two later and he could talk tolerable sensible.

Ques: Say whether you and Deft are at loggerheads... whether you have spoke slightly of Deft.

Ans: He first spoke slightly of me and I then spoke slightly of him, we are so friendly as to rub shoulder to shoulder and not speak.

Ques: What was the cause...

Ans: I understood he said I was the meanest man in the county, at the time that I married his wife's sister's daughter and that he was very sorry that I had come into that family.

/s/ Alexr Cuppage

DEPOSITIONS 10 January 1851:

Sport Cherry age 30. Edwin Price got me to pay a note he owed Stephen Price in the hands of Samuel Lane. I paid $49.50 on the note.

I am acquainted with Samuel Lane senr, he is not entitled to credit on oath.

Edwin Price offered the land back to Stephen if he got his money back he paid. Stephen said he couldn't pay it unless he got his truck back to make it out of.

Ques: Truck meaning hogs, sheep...?

Ans: I don't know.

I am acquainted with Berry Woodard and Thomas Price... are entitled to credit on oath.

Edwin Price bought hogs of one of Stephen Prices sons named Syrus [Cyrus]. I told him Syrus was under 21 years of age and the sale would be of no account.

Ques: What relation are you to the defendant [Edwin Price]?

Ans: He married my aunt.

/s/ Sport Cherry

Pleasant Henly age 49. Berry Woodard... Lemuel S. Short, deceased... Thomas Price entitled to credit on oath.

/s/ Pleasant Henley

Meradeth York about age 49. Berry Woodard, Lemuel S. Short, Thomas Price entitled to credit...

Meradeth [his X] York

Walter M. Clark age 41 [or 47 - mlj]. Lem Short and Tom Price entitled to full credit on oath. Do not think Tandy K. Witcher would be entitled to full credit on oath. Haven't heard Tandy K. Witcher swear false myself - suit between his brother Lacy Witcher and George Hutchinson he was a witness for his brother and accused by the Hutchinsons of swearing falsely... in the court at Williams Burg.

Ezekiel Karnahan [ Carnahan]. Hiram Crabtree has been helping Edwin Price... attended [depositions] of Esqr Clarke, Wilson Cherry and at Edwin Price.

After Edwin Price bought the land Stephen Price cultivated a part and a part rented to Sport Cherry.

Edwin Price said I ought to be appointed guardian to Stephen Price.

Ezekiel [his X] Karnahan

DEPOSITIONS 28 June 1850, house of Edwin Price:

Cary Cherry about 60. Known Stephen Price something over 30 years. Some portion I lived about two miles, some 5 miles, about two years was 7 miles from him.

I think Stephen Price is of sound mind. Land not worth more than $25 - $100. Do not know how many tracts or how many acres.

Ques: State whether you did not tell Pleasant Cherry that Stephen Price did not know what he was about.

Ans: Not that I recollect.

Ques: What relation are you to defendant [Edwin Price].

Ans: No relation only he married my sister. My mill is a short mill and Complainant and others have broke the Sabath [sic] by coming to my mill on Sunday and I complained to them about it.

/s/ Cary Cherry

Lemuel B. Cherry about age 29. Known complainant since anyone. Lived some part six miles from him, other times further sometimes nearer.

/s/ Lemuel B. Cherry

Hiram B. Crabtree age 33. I am son in law to Defendant.

/s/ Hiram B. Crabtree

Samuel Dewhitt about age 58. Partially acquainted with Stephen Price. One year he lived a mile of me then the following spring he moved up to Carnahans a mile or 1 1/4 mile from my house. From Carnahans he came to my house for about ten months.

Part of the time he was not of sound mind. His sister requested I take one of his little boys at one time which I did and some time after he [Stephen] come there the Boy was out cutting stalks he went out there and stood about and looked lonesome and desolate. I told him if he wanted to stay at my house he could and if he saw anything he was willing to do he might do it. He slept upstairs with his son.

/s/ Samuel Dewhitt

DEPOSITION 21 January 1850:

Callaway Sizemore age 37. Collected two debts of Complainant in 1841 for William Kenner. Acted at times like he didn't know what was going on.

/s/ Callaway Sizemore

DEPOSITIONS 29 January 1850, house of Edwin Price:

Eliza Ann Short about age 30. Been acquainted with Stephen Price about twelve years, lived about a mile over across the hill. I say he talked with common since [sic] about the sickness of his son William. I am the step daughter in law of Edwin Price.

s/s Eliza Ann Short

James Crawford about 49 or 50. James [his X] Crafford

William Hudson sen age about 60 or 61. Acquainted with Edwin 30 years, Stephen 20.

/s/ William Hudson

James G. Cunningham age 39. Know parties to suit.

Ques: Say whether Lemuel F. Short and Fariss Short is the same man.

Ans: He is or was.

I was with L. F. Short and Sporton Cherry in search for [Stephen Price], got on a trail they said was his... man walking running and dodging apparently.

/s/ James G. Cunningham

James Keath about age 50. Stephen Price stayed at my house a month or two in 1848.

/s/ James Keith

DEPOSITION 29 December 1850.

Thomas D. Cassetty, age 33. Known Stephen Price 25 years.

/s/ Thomas D. Cassetty

DEPOSITION 26 December 1850.

Tandy K. Witcher, age 76. Saw Stephen in the fall 1842... delusion... melancholy

/s/ Tandy K. Witcher

DEPOSITIONS 4 November 1850:

Thomas Hinson age 48. Thomas [his X] Hinson

Richard Hudson age 48. Richard [his X] Hudson

Alexander Nevill age 37. /s/ Alexander Nevill

Larkin D. Sweazea age 38. /s/ L. D. Sweazea

DEPOSITIONS 4 January 1851, house of David Griffith, Jackson Co., TN:

Berry Smith about age 41. Know James Price, son of complainant [Stephen Price].

Ques: Do you know what relation Wm Plumlee is to Plaintiff and Defendant?

Ans: If there is any, I do not know.

/s/ L. B. Smith

Noah Denton age 39. Noah [his X] Denton

Garret Smith about age 44. Saw Stephen Price at Cary Cherry's horse mill, acting curious.

/s/ Garret Smith

Samuel Lane age 64. Stephen Price's wife has been dead ten years last May. Three years after his wife died his son died and at that time I stopped there from Sunday until the Saturday following. William Price died 19 May 1842 I think.

Stephen Prices son William married my daughter and a son of mine married Stephens daughter.

Samuel [his X] Lane

Elizabeth Lane about age 62. Acquainted with Stephen Price about 15 years, lived not much more than four miles from him. About three years after his wife died I saw Stephen in the fall before his son William died in the Spring.

I stayed there from Sunday to the following Saturday. Stephens son William died on Thursday, was buried on Friday night and I left there on Saturday.

I saw him next the spring after William died. He would not eat anything, never heard him speak a word.

Stephens wife died ten years ago last May.

Ques: Are you the wife of Samuel Lane who has just given his Deposition?

Ans: I am.

Stephen Prices two boys had been living at James Keiths - they was telling what good boys they was to work until Stephen took to coming there.

Elizabeth [her X] Lane

Samuel Lane Jr. about ?24. /s/ Samuel Lane Jr.

William C. Pursell age 31. Known Stephen 18 - 20 years. In 1845 he came to live with his sister.

/s/ Wm C. Pursell

John Dickson about age 80. Known Stephen Price 15 years, lived 7 - 8 miles from him. My father was deranged ten years before he died. I married Stephen Prices sister.

/s/ John Dickson

David Griffith age 63. Know Stephen; upwards of twenty years, lived 4 - 8 miles. Stayed with me 1842 or 43. 1845 or 46 he came to his sister's. After he left his sister he went to Samuel Dewhitt to live. After he stayed at Dewhitts a while he would speak but not before.

There was a conversation with Thomas Price about having a guardian appointed for Stephen Price.

Ques: Is Thomas Price the brother of defendant Edwin Price.

Ans: He is.

/s/ David Griffith

END OF REEL #106.

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