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[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1903
J. V. M. REED & W. T. REED vs HENRY LANCASTER & WIFE SETTIE.
DEPOSITION: G. M. Flynn, Know John & Tom Reed and Henry Lancaster, and where the Old Parmer Spiva farm lays on north side of Cumberland River, upper end of the Moore bottom. The tract known as the Tobby Moore or J. T. Anderson farm, John & Thom Reed own the hill land just west of the Moore farm. Me and my son bought it from J. T. Anderson, do not own it now. Sold it to John & Thom Reed about last of August or 1st of September. They have access to their hill farm by a public road instead of going through Lancaster's field. 17 Sept. 1914. s/s G. M. Flynn
DEPOSITION: W. S. Jackson, age 36. Been County surveyor six years. Tom Lancaster said the fence was on the Committee road. He lives there. Understand he is a son of Henry Lancaster. 25 July 1904. s/s W. S. Jackson
PETITION: J. V. M. Reed asks that time be extended for taking proof of Oscar Reed and Henry Lancaster and depositions of James Hall, as he is informed there was no road through Spivy land when partitioned. 6 Oct 1903.
DEPOSITION: T. M. Gailbreath, know Henry Lancaster. Recollect he instituted proceedings for road through the H. P. Spivey land, dismissed proceedings. Said he intended to build a fence to stop the road by which the Reed boys had access to their land. s/s T. M. Gailbreath [No date].
ANSWER: Henry Lancaster and wife Settie Lancaster. Henry Lancaster was owner of hill part of Lot 5 of Spiva land, sold it to Complainants, still owns bottom part of Lot 5.
DEED: We, Jno V. Reed and W. T. Reed for $75 sell to Henry Lancaster parcel in 15th Dist, north side of Cumberland River, part of Lot 4 of Spiva land, being 25 acres. Dated 1 October 1901. s/s Henry Lancaster, Settie [X] Lancaster
DEED: Henry Lancaster & wife Setty Lancaster to John V. Reed and W. T. Reed, land in 15th Dist. being the hill part of Lot 5 of H. P. Spivy land. 6 Oct 1903. Dated 6 October 1903. s/s Henry Lancaster, Setty [X] Lancaster
NOTICE: 12 June 1902, to Nimrod Reed & Thom Reed & Osco Reed, ...stay off my land... s/s Henry Lancaster
ANSWER: Henry Lancaster & wife Setty Lancaster to Bill of Complaint of J. V. M. and W. T. Reed filed 24 March 1903. Parmer Spiva owned lands, were partitioned among his five children by decree, B. P. Spiva et al vs Henry Lancaster et al. Deny there was any agreement among heirs for a road. Respondent had no interest at the time except as husband of Settie Lancaster. Parties to whom Lot 5 of Spiva assigned at the time were minors; Lot 4 assigned to Melissa Toney, married; Lot 3 assigned to Settie Lancaster, was married. Therefore they were legally incapable of making any agreement. State there is no necessity for new road, because there was an old one made by and kept up by Parmer Spiva until his death until it was blocked by Complainants.
DEPOSITION: W. R. Posten, know the Reed boys and Henry Lancaster. Had a conversation with Lancaster at my store. 17 Mar 1904. s/s W. R. Posten
DEPOSITION: W. T. Acree 40, am a surveyor. Could be a good road where the commissioners laid it off. On dry land, out of the way of the river during high water. [Signed] W. T. Acree
DEPOSITION: Grundy Parish, age 24. Saw Bill Buchanan & George Kirk [possibly Kirkpatrick; reference another time indicating Kirk and Kirkpatrick were used interchangeably - mlj] hauling house plunder [household goods, not necessarily 'plundered' - mlj] in a wagon on the road. s/s Grundy Parish
DEPOSITION: Oscar Reed, saw [same testimony as Grundy Parish]... have also examined deeds of Henry & Setty Lancaster to M. M. V. and W. T. Reed; and Lizzie Toney & W. H. Tony to J. M. V. and W. T. Reed of Lot 4 of Spivey land. 17 March 1904. s/s O. B. Reed
DEPOSITION: B. [sic] Toney, age 53, live Hurricane Creek, Dist 15. I married Parmer Spivey's daughter Malissa. Parmer Spivey had a mill & store across the river from his house. They were there when he died. Had a cabin where Henry's house is now. Henry tore it down and built another. 17 March 1904. s/s W. H. Toney
DEPOSITION: R. W. Allen, age 75. Was one of the commissioners who divided land of H. P. Spivey. We left a place for a road, measured across from the hill to the river... up to the corner between Lou & Mary Ellen... concluded there was 100 acres in the bottom. Other commissioners appointed were William Loftis, High Flynn, Jim Hall, and forget the other one. None of the 5 daughters of Mr. Spivey were present. They were at the house. A road through the bottom to the old Spivy mansion is more direct. 17 March 1904. s/s R. W. Allen
SUMMATION: Parmer Spivy owned a large tract bounded east by Cumberland River, west by hills and bluffs and land of other parties, south by J. T. Anderson. Parmer Spivey died 1899. Soon after, land was divided between his 5 daughters, or rather 4 of his daughters and the children of a 5th deceased daughter.
Lot 1 included the old mansion house, assigned to Mrs. Lou Kirkpatrick, one of the cross-complainants in this case.
Lot 2 was assigned to Mrs. Dodson, another cross-complainant.
Lot 3 was assigned to Mrs. Settie Lancaster, a defendant and cross-complainant and wife of Henry Lancaster.
Lot 4 was assigned to Melissa Toney who afterwards conveyed to Complainants Reeds.
Lot 5 was assigned to Mrs. Amandy Kirkpatrick, who afterwards sold by Court decree, and was purchased by Henry Lancaster.
Commissioners laid off a road from the gate that passed the grave yard, to a public road from the ferry at the mouth of the Roaring River, a space 12 feet wide, reported Minute Docket O, page [blank here, later p. 344], case of B. C. and H. C. Spivey against Henry Lancaster.
DEED: J. Lissie Toney to J. V. M. Reed & J. T. Reed, Lot 4, being 53 3/4 acres on west side of road at gate near graveyard. 6 Dec 1900. J. Lisie [X] Toney, s/s W. H. Tony
DEPOSITION: Major Flynn, live 1st District on Dent Moore place. Am going on 29, am a farmer. Live about 50-60 yards from Parmer place. Road runs around the other side of J. M. Johnson's, between Johnson & Lowe. I think Reeds bought before I moved there. I moved there Christmas 1901 and they taken possession on 1 Jan following. Question: Have you seen John Reed on the road [since Lancaster nailed up the gate]? Answer: Saw all three of the boys, John, Tom and Oscar at the time spoken of. Saw Tom & Oscar and Nim Reed come around the public road. Lancaster commenced building his house the Fall before I moved over there. Polk Mansel said he wanted to get along with Reeds and Lancasters, and talked in favor of whoever he was with. Polk said there was never a road through Spivey bottom, that when Spivey sold anything he would let them go up through his corn field. Major [X] Flynn
DEPOSITION: James N. McCoin, 48, am road builder. Built roads in Dist. 13 on all kinds of land. Cost between $25-$50 for a road there. 8 Sept 1903. s/s J. N. McCoin
DEPOSITION: W. Q. Lowe age 41, know parties when I see them. Am road builder. Newt Moore surveyed two roads. 8 September 1903. s/s W. Q. Lowe
DEPOSITION: Fank [?Frank] Anderson, age 30. J. T. Anderson is my cousin. He is one of Henry Lancaster's lawyers. W. H. Young, one of the Reeds lawyers, is my uncle.
s/s M. F. Anderson
DEPOSITION: [Cannot read] Morgan, age 55. Am farmer, live upper end of Jackson County at [?]Marings. Ran a thrasher in Moore or Anderson bottom in 1902. Threshed wheat for Mary Ellen Dodson & Spence Lancaster on what I supposed was Parmer Spivey lands. Brought thresher in on ferry. 18 August 1903. s/s J. H. Morgan
DEPOSITION: Gus Lock age 58, farmer. Live other side of the river in the Lock bottom, below the Dent Moore bottom. Known Parmer Spivey land ever since I can recollect. Lived there last time about 20 years. The grave yard is on Anderson land, supposed to be the old Dent Moore farm. 18 August 1903. s/s A. S. Locke
DEPOSITION: Bennett Lock, age 30, live on my father's farm, within about one-fourth mile of Parmer Spivy land. Was road overseer last year, and another year, don't remember which. I was living at Double Springs, me and my brother engaged a loan of corn from Mary Ellen Dodson... went to get it, couldn't get to the river for the backwater... here at Aunt Polly's... went over to the river to my father's, borrowed a wagon and came back on upper ferry.
Helped bury Polk Mansel's wife in the grave yard, was there when they buried Arkley Blakely's child, I think a right smart while ago, and old Aunt Orpha [Van] Hooser. They brought them up by the old houses. I am a son of Gus, or A. S. Lock, who has given a deposition. 21 August 1903. s/s J. B. Lock
DEPOSITION: J. W. Lock, age 36. Live on Lock farm, about 1 1/2 mile of land and road in controversy. Been a road from lower end of Spivey land about 15 years; I have been overseer of the road once. Returned road orders to J. T. Anderson, who was a commissioner at the time. Road entered 50 or 60 yards east of the graveyard on Spivey farm, which once belonged to Mansell. Has been 9-10 years since Spivey bought out Mansel. Reeds bought from Mrs. Toney & plowed up the road directly after they got it. After that, Lancaster hired me to build a lock fence across the path on his land he bought from the Kirk heirs. My recollection is old man Denton Buck was the first overseer of that road. I've lived there except 3 or 4 years out of 25, all of them less than a year. Lived at Double Springs, was in Kentucky a while, Fafayett a while, up on Pine Lick a while logging. Worked my time out on the road when I was at Pine Lick. Was at Double Springs year before last, then moved my family back here. Polk Mansell owned the lower end of the Spivy farm when the road was established. He lived in one of the old houses, about 50-60 yards from the graveyard. The widow Lawson lived there before Polk Mansell, understand she owned it. Mr. Spivey's daughter Mary Ellen Dodson lived there a while. John Elvin Lee lived there about 1900. I am a son of A. S. Lock and brother of Bennett Lock. 24 August 1903. s/s J. W. Lock
DEPOSITION: D. Moore, 29, live on Moore bottom about a mile from Parmer Spivey farm, lived there all my life except 3 years. Spivey farm usually goes by the name of the Lawson farm - been about 11-12 years since Spivey bought it from Mansell. Began working the two ferry roads running up from the bottom when I was 18, worked it every years since I was old enough except when I was enlisted in the Spanish-American War. Worked it after I came back for two years, I think. 24 Aug 1903. s/s D. D. Moore
DEPOSITION: Maxey Jones 23, live on the Lock farm at Squre Nute [Newton] Moore's. Have lived at the upper end of Moore bottom where Major Flynn now lives, lived with George Johnson. Harrison Spivey lived in the old Mansell or Lawson houses a while, and Canada Lee lived there a while. They rented from old man Spivey. Was about 13 or 14 when I went there to work on the Spivey place. Lived at Mrs. Lou Kirk's. Heard Mary E. Dodson & Lou Kirkpatrick say they had forbidden the Reeds from passing over their shares of the bottom land. 24 Aug 1903. Maxey [X] Jones
DEPOSITION: Parmer Spivey age 40, am a son of Parmer Spivey, decd, a brother of Mary E. Dodson, Lou Kirkpatrick & Settie Lancaster and brother in law of Henry Lancaster. Was raised on father's land. I now live on the Gainesboro & Celina road. Been 16-17 years since I left that side of the river. Left 6 or 7 years before my father purchased Mansell land... was married and went to housekeeping about that time. 24 Aug 1903. s/s H. P. Spivey
DEPOSITION: George Johnson 49, lived in old Dent Moore residence on J. T. Anderson farm about seven years, left 1901. Was road overseer there about six years, think last time 1899. Those occupying the Mansell houses on what is Lot 5: Joe Flatt, Chris Columbus, Joe Clark, George Emberton, Harrison Spivey, Sam Dodson, Canada Lee, Pleas Bull & Elvira Lee a while... all I can remember.
My wife sent a son of mine and the negroe one morning before breakfast to the store. They rode the mules & Parmer's gates were locked & they tore the fence down & hitched their mules in Parmer's orchard & one mule got loose & tore up a right smart of old man Spivey's corn. Uncle Parmer came to see me... said if it happened again he would prosecute me for it. Was about the 4th year I stayed in Moore bottoms. I now live in 12th District of Clay Co., on a ridge. My closest Post Office is Huffines, don't know the name of it. My regular Post Office is at Whitleyville. Bought about 50 acres, paid $75. Question: Do you know where the Spiva graveyard is? Answer: Know where 2 or 3 Spivey graveyards are. The one on Dent Moore's land, guess now belongs to James Anderson, is called by some the Moore & Spiva Graveyard and by some the Mancel & Spiva Graveyard. 11 Aust 1903. George [X] Johnson
DEPOSITION: Mary E. Dodson, states was assigned Lot 2 of Parmer Spiva, deceased, land. Louisa Kirkpatrick got Lot 1, Settie Lancaster Lot 3, Malissa Toney Lot 4 and the Kirkpatrick boys, children of Amanda Kirkpatrick, got Lot 5. Father died four years ago the last day of next February. Myself and sister Lou Kirkpatrick are both widows and were when land was divided.
Question: You state you are a widow. Have you not a living husband?
Answer: Couldn't tell if he is living or not, he was living the last time I heard from him. We are divorced. Mary E. [X] Dodson
DEPOSITION: Louisa Kirkpatrick, age 47. Am a daughter of Parmer Spivey. Father bought the Mansell land so he'd have a way out through the bottom. Some of those who traveled the road were Uncle Jess Walker, Mr. Myers folks. Papa would sell corn, they would come with their wagons.
John Reed drawed a gun on one of my boys & threatened to kill him, was discharged on evidence before he was indicted. Question: Wasn't your son John Kirk taxed with the costs? Answer: Yes, Sir. 11 August 1903. Louisa [X] Kirkpatrick
DEPOSITION: George Kirkpatrick, age 20. Am a son of Mrs. Lou Kirkpatrick and grand son of Parmer Spivey, deceased. Lived Spivey land all my life, live there now with my mother. CROSS-EXAMINED, ANSWERS: Am a son of defendant Lou Kirkpatrick, a nephew of Henry Lancaster and wife, and both nephew and son in law of Mary E. Dodson. Moved in the Spivey Mansion about five years ago, directly after Grand mother Spivey died. 12 August 1903. George [X] Kirkpatrick
DEPOSITION: W. N. Pharis, know Henry Lancaster and John V. Reed. Was a friend to both parties, and was working for a compromise. Henry offered to let the Reeds cross his land if they would give him a right to cross theirs. John Reed didn't want to do it, said he didn't need a road that bad. 12 August 1903. s/s W. N. Pharis
DEPOSITION: Newton Moore, age 77. Live about 1 1/4 mile from Spivey land in Moore bottom. Known Spivey farm 60 years, live below it. Was a public road through the bottom, terminates at the grave yard at the corner of my father's old place... grave yard and northwest corner of my father's farm. No part of the grave yard is on the Spivey farm. I have practiced a right smart surveying, don't do as much now; ran the meanders of the road at the request of Henry Lancaster. W. W. Draper made a plat, is a solicitor of one of the Lancasters. Don't know if it's the one in Minute Docket O, p. 344. Got Bill Buchanan to assist reading figures on the compass, don't see myself very well. 24 July 1903. s/s Newton Moore
DEPOSITION: Andy Purcell, knew Parmer, known land 30 years. Moved away from the north side of the river 17 years ago. 24 July 1903. s/s A. L. Purcell
DEPOSITION: James Hall, was a Commissioner who partitioned Spivy land. William Loftis & Rufus Allen were the others. Logan Jackson was the surveyor. Met at old man Spivey's house where he lived and died. Others there were Calvin Spivey, Mr. Lancaster, Lou Kirk & Mary Dodson. 24 July 1903. s/s James Hall
DEPOSITION: Wm Loftis, was a commissioner to lay off let. Met at Parmer Spivey residence. Heirs of Parmer there were: Mr. Call Spivey, Lou Kirk, Mary Ellen Dotson, Malissa Toney and Mr. Henry Lancaster. Not sure if Henry Lancaster was a heir or was there as the husband of Lusetta Lancaster. 24 July 1903. s/s Wm Loftis
DEPOSITION: Tom Conners, live on John Reed's land in the hollow near the low end. Been there seven months. 24 July 1903. s/s Thomas Conner
DEPOSITION: Thomas Walker, been Constable for Jackson Co. soon three years. Served notices executed June and July 1902. Nim Reed is the father of said John and Thom Reed and Oscar is their brother. 27 July 1903. s/s T. B. Walker
DEPOSITION: H. A. Flynn, lived about a mile from Spivey farm, have for six years. Was one of a Committee appointed by County Court to lay off a road through Spiva land last winter or spring. Think R. W. Allen said it was better to put the road through the bottom. 27 July 1903. s/s H. A. Flynn
DEPOSITION: John V. M. Reed, going on age 30. Born and raised in sight of farm where I live, on the north side of the river. Now live on the south side. 27 July 1903. [Signed] J. V. M. Reed
DEPOSITION: A. F. Vanhooser age 55, live 13th District, Jennings Creek. Lived within sight of Parmer land all my life. Am the grand son of Isaac Vanhooser. He owned the hollow above Parmer Spivey's dwelling. Understand Mary Dodson owns most of it, and Henry Lancaster part. No roads worked until they got leave from Uncle Parmer to go down through the bottom in the fall of the year. Uncle Bailey Vanhooser and my father told me they had asked [H. P. Spivey] for permission to cross land... general rumor in the neighborhood that Uncle Parmer didn't object. Road was never worked except by Uncle Parmer. The general public used these bridle paths, but were not wagon ways. Old Uncle Carl Purcell would come past. Question: Do you know he has been dead more than 9 years? Answer: No, sir, I heard that he was dead - didn't know more than 9 years. 31 July 1903. s/s A. F. Vanhooser
DEPOSITION: Melissa Toney, am a daughter of Parmer Spivey, deceased. Sold my share [of landed estate] to John & Tom Reed. Heirs there when land was partitioned were Lou Kirkpatrick, Mary Dodson, Calvin & Parmer Spivey and Henry Lancaster & B. Toney my husband, and Radford Kirkpatrick, a son of a deceased daughter [Amanda Kirkpatrick] of Parmer Spivey and one of his heirs.
I have been living across the river from the place since I married, about 29 or 30 years. Henry Lancaster didn't like it because I sold to the Reed boys, because it was between his two shares. Henry had rented my share from the time it was laid off until I sold to the Reeds. Calvin & Parmer Spivey were there when the land was partitioned, but didn't have a share in the land. Land was divided among the five girls. Calvin was the Administrator of Parmer. 31 July 1903. s/s Melissa [X] Toney
DEPOSITION: W. T. Reed [nothing new]. 1 August 1903. s/s W. T. Reed
DEPOSITION: A. F. Blakely, lived on Denton Moore farm in 1878, was there about 4 years. Moved off 4-5 years, moved back; within about 100 yards of the grave yard both times I lived there. Lived there about four years last time. The first time I lived there it belonged to Mrs. Lawson & her heirs, then I think Polk Mansel owned it. The grave yard is on the Moore farm. Last lived there about 1891. Since I left, have been living at Mr. Quarles part of the time and Dr. Fowler's part of the time. 1 Aug 1903. s/s A. F. Blakely
DEPOSITION: A. B. Hestand, made a crop for old man Spivey, been about 12 years ago. 1 August 1903. s/s A. B. Hestand
DEPOSITION: Oscar Reed, age 21 going on 22. Am a brothr of John and Tom Reed. 1 Aug 1903. s/s O. B. Reed
DEPOSITION: E. L. Jackson, am a surveyor [no new testimony]. s/s E. L. Jackson
DEPOSITION: J. P. Mansel, known Spivey farm 26 years. Owned lower part at one time, what they call the Lawson farm, lived on it about 15 years, been 10 years since I left. Moved on to an adjoining farm, & moved out of the neighborhood last spring. 1 Sept 1903. s/s J. P. Mansel
REED, KITTIE ANN vs REED, JONES
BILL OF COMPLAINT of Jones Reed of Jackson Co. against Kittie Ann Reed of White Co. Married Putnam Co, TN, 15 Sept 1904, went to Complainant's house 6th District to live, together about one month, she became dissatisfied, said she would not live with him. 29 Dec 1904 had household furniture and other property moved, and left to White Co., has not returned. 23 July 1907. Jones R. [X] Reed
COMPROMISE: Proven by testimony of John Kinnard. Property divested out of Defendant & to Respondent as her absolute property, free from debts. Mule $150, meat & lard $20, sheep $2.50, cash $7.50. 31 Jan 1905. Kittie Ann [X] Reed, Jones [X] Reed
BILL OF COMPLAINT of Kittie Ann Reed of White Co. against Jones Reed of Jackson Co. Married Putnam Co, TN 15 Sept 1904, together until about last of Dec 1904, separated since. Both married before, each have children by former marriage. Defendant Jones Reed has seven, six of whom lived with them. One, a daughter named Cora D., about 17, abused her, mistreated her, on one occasion drew a butcher knife across her throat. She told defendant who scolded his daughter. He said he could not control her. Defendant unkind, abused, cursed her. She is pregnant at this time, became pregnant soon after marriage. He denies being the father, accuses her wrongly of being unfaithful. She will be confined about the middle or later part of next June. About last December, he told Complainant she would have to leave, next day drew up a paper of some kind, forced her to sign, loaded up her belongings and moved her to the residence of Fate Allen. She stayed about two weeks, made her way back to friends in White Co. where she now lives. In delicate condition, unable to work and make a living, dependent on her father who is getting old and is poor. Defendant owns two tracts in 6th Dist. on Roaring River bounded north by Robt Maberry, south by Wm Poston's heirs, east by George Greenwood and west by Wm [?]Worner, 150 acres. Other tract same district known as school house tract bounded north by Asa Lynn, south by Geo Greenwood, east by Frank Barnes, west by Steve Strong, being 50 acres. Asks alimony and support for her & child. s/s Gailbreath & Draper; Kittie Ann [X] Reed
REED, SALLIE & NIMROD vs TONEY, NANCY & OTHERS
BILL OF COMPLAINT of Sallie Reed and her husband Nimrod Reed, citizens of Jackson Co. against
Nancy Toney Sr., Wm Brown and his wife Virginia Brown, Harvey Long and & his wife Susannah Long, Martha Toney, Nancy Toney Jr., Mary E. Lawson, W. H. Toney, Leanna L. Lawson, Hick Loftis and James Loftis, all citizens of Jackson Co., TN and H. M. Osgatharp and his wife H. E. Osgatharp of Clay Co., TN.
Wm Toney departed this life intestate in Jackson Co., TN, on or about [blank] 1877 or 1878, leaving Defendant Nancy Toney Sr. his widow and relict and the other defendants hereto except the husbands of the married women and Hick Loftis, James Loftis and Susannah Long as his only children. Said Susannah is a daughter of a deceased daughter of said intestate who died before her father. No one has or can be procured to administer on said Wm Toney's estate. At the time of his death he owned following tract: Land in 1st Civil District of Jackson Co. on the waters of Hurricane Creek, bounded north by lands of W. H. Dodson, west by Cumberland River, south by lands claimed by defendant W. H. Toney, east by lands of Wm Brown, containing estimated 200 acres, being same upon which said Wm Toney resided for many years prior to and at his death - upon which Defendant Nancy Toney Sr. now resides. Said Nancy Toney is entitled to dower & homestead, which has never been assigned. Upon the death of Wm Toney, lands descended to his heirs, subject to dower & homestead of the widow. Complainant Sallie Reed is owner by purchase of the interest of defendant Leanna Lawson.
Defendants Hick and James Loftis are cutting and removing timber...by contract with Nancy Toney, Sr., who has no legal authority. 22 Oct 1877. Nimrod [X] Reed
CASE HEARD: W. H. Toney, Mary E. Toney alias Mary E. Lawson, Nancy W. Toney, Jenney Brown, Martha S. Long, Harvey Long & his wife Susannah Long, H. M. Osgatharp & his wife Harriet J. Osgatharp against
Nimrod Reed & wife Sallie Reed, Leanna Lawson & John Lawson.
Came to be heard. Land vested out of Complainants and defendants and into M. S. Long and her heirs, subject to unpaid purchase money due, which is a lien... being highest and best bidder at Court sale 10 March 1891 of $2525.25, 565 acres more or less. Description in deed made to Wm Toney by Thomas Bransford 22 Dec 1853. Excluding 131 acres conveyed to H. M. Osgatharp 3 Feb 1853; also excluding six acres conveyed by Wm Toney to his son W. H. Toney 26 March 1873. Order of reference, sale of land Minute Docket L, p. 691.
PETITION: William Toney died many years ago. Complainants & the Defendant Leanna Lawson entitled to land in following proportions:
1. W. H. Toney, son, entitled to 1/8.
2. Mary E. Toney, alias Mary E. Lawson, 1/8.
3. Nancy W. Toney, daughter, 1/8.
4. Jennie Brown, daughter, 1/8.
5. Susannah Long, grand daughter and only child of predeceased daughter, 1/8.
6. Harriet J. Osgatharp, daughter, 1/8.
7. Martha S. Toney, daughter, 1/8.
8. Leanna Lawson is a daughter of Wm Toney, sold her 1/8 share to her son, defendant John Lawson, and he sold to Sallie Reed, wife of Nimrod Reed.
[All signed]: W. H. Toney, Mary E. Toney alias Mary E. Lawson, Nancy W. Toney, Jennie Brown, Martha S. Toney, Harvey Long, Susannah Long, Harriet J. Osgatharp, H. M. Osgatharp; M. B. Young, Solicitor.
DEPOSITIONS: John H. Denton age 55, Wm Loftis age 52, W. H. Dodson age 62. All said they know [familiar with] land, recommended sale price.
REED, W. T., Administrator of HAGAN, GEO. A., deceased
Final Settlement 22 Sept 1913, Admr's set book C, page 495, made 8 April 1913. Delia Bilbrey, widow of deceased Hagan, her balance of 1/3 share.
Estate Inventory 6 June 1911.
Mentioned "wards", but no names listed in these pages. Mentions a judgment in favor of Geo. A. Hagan rendered 10 Sept 1910. Referred Adm. Settlement Book D, page 103.
REED, W. C., Guardian of Clarence Reed. Clarence Reed, minor heir of Nancy Reed, deceased, Settlement Book C, page 100. Indicates settlements made 10 June 1905 through 10 June 1910.
REEVES, ASA vs CAWFELT, JACOB, ET AL.
BILL OF COMPLAINT of Asa Reeves of Jackson Co, TN against Robert Pedigo of Jackson Co., Betie [sic] J. Bobo, Julie Bobo, Lacy K. Bobo and Joice R. Bobo of Macon Co., TN; Alexander C. Bobo and Charles E. Reeves of Wilson Co., TN.
SYNOPSIS: 23 Sept 1860 K. G. Bobo executed a note to Jacob Cawfeld [various spellings] for $258.15. Robert Pedigo signed as security. 18 April 1861 Jacob Cawfelt recovered judgment against K. G. Bobo, together with Robert Pedigo as security, $272.81 including interest & costs. Asa Reeves agreed to be Stayor on the execution of the judgment [put his own property as collateral]. K. G. Bobo died in 1863 [day/month blank]. 16 Sept 1865 execution issued [lien, order that property be sold for debts], K. G. Bobo's estate was insolvent. Asa Reeves' property was sold for the debt. Asa Reeves filed saying the Court should have gone after the Bobo estate and his security, Robert Pedigo first, asks that sale be set aside. Robert Pedigo filed 14 November 1867, stating Asa Reeves became Stayor without his knowledge or consent. The Court agreed, and Asa Reeves was high bidder at the sale of his property 15 May 1869; bought his 198 acres back for $305.
ANSWER: Betie J. Bobo states K. G. Bobo died intestate about [blank] day of [blank] 1863. She is the mother of Jula A. Bobo, Lacy K. Bobo, Joisea R. Bobo and the step mother of Alexander C. Bobo, all minors, and answers as their guardian ad litem. Respondent Betie J. Bobo has no objections to Complainant being subrogated to the rights of said Jacob Caufelt, the Plaintiff in the execution. 17 July 1868.
ANSWER: Jacob Caffild to Bill of Complaint Asa Reeves, has no objection to any indemnity Respondent may obtain after the debt is paid [No date]. Jacob [X] Caffild
REEVES, C. E. vs CHAPMAN, SAMUEL
BILL OF COMPLAINT: Charles E. Reeves against John Chapman of Clay Co., Samuel Chapman, Joshua Chapman, George W. Chapman, Andy Chapman and Ellen Chapman, all of Jackson Co., and Mary Minor, parts unknown. On 2 Nov 1871 Complainant received decree in which L. C. Hall was Complainant & J. E. Mulkey, R. C. Kirkpatrick, John B. Anderson, Benjamin Chapman, L. T. Armstrong and your Complainant were defendants in a cross bill in which L. C. Hall & Benjamin Chapman & others were defendants for $4,997.17 & costs against Benjamin Chapman, which decree stands, and is owed to Complainant with interest & costs. Benjamin Chapman appealed suit to State of Tennessee Supreme Court. While suit was pending, Benjamin Chapman died and Samuel Chapman was appointed administrator. Said Samuel Chapman, John Chapman, Joshua Chapman, Andy Chapman, Mary Minor, the wife of defendant W. C. Minor, and defendant Ellen Chapman and G. W. Chapman are the only children & heirs of Benjamin Chapman, are supposed to be under age 21. Attachment was issued on lands of Benjamin Chapman April 1867 on Roaring River, three tracts: Tract of 100 acres, Tract of 15 acres and Tract of 31 acres & 14 poles, all bounded north by William Overton heirs, south and east by land of James Terry and west by land of John M. Gipson, deceased, described in deed from Benjamin Chapman to Joel W. Settle, which sale was set aside, registered Book S page 430. Attachment decree & levy since 28 February 1880, Supreme Court of State of Tennessee. [No date] A. A. Swope, Solicitor
NOTICE TO SHERIFF: Charles E. Reeves filed Amended Bill of Complaint against Samuel Chapman, Angelina Chapman & others. Benjamin Chapman is dead and his widow Angelina Chapman is occupying land. 4th Monday in September 1877.
AMENDED BILL OF COMPLAINT: Charles E. Reeves against
Samuel Chapman, Joshua Chapman, Washington Chapman, Mounce Chapman and Ella Chapman of Jackson Co, TN; John Chapman, Mary Minor & husband W. C. Minor of Clay Co., TN; Joel W. Settle of Davidson Co.; and Angelina Chapman of Jackson Co. On [blank] 1860 John B. Anderson, Benjamin Chapman & Luke T. Armstrong executed promissory note to Joseph E. Mulkey for upwards of $3000, Stay of Execution July term 1861 by L. C. Hall. Joseph E. Mulky sold judgment & debts to Orator. War intervened, cross bill filed against all makers of note and L. C. Hall, Michael Kirkpatrick & others.
REPORT OF SALE: Minute Book F, page 285, land sold 17 May 1880. C. E. Reeves became purchaser at $800.
REEVES, C. E. vs McDEARMAN, et al
DEPOSITION: W. H. Young, age 62, at residence of W. H. Young, Dist 1, Jackson Co. Was born and raised here, lived here most all my life. I am the brother of defendant Z. M. Young. Know lands, known as the J. W. Lock farm, on the north side of the Cumberland River, in controversy. Knew Z. M. Young's first wife Mollie Young, don't know when they married. She died 16 or 17 years ago, maybe longer, maybe not so long. Question: Did she not die in June 1884? Answer: 1883 or 1884.
Z. M. Young bought the land in 1892 or 1893. His first wife left three children, ages at time of her death, Edna about 9 or 10, Beulah about 7, youngest Dora about 5 or not far from it. Edna married Dr. C. E. Reeves, have been married some 18-19 years, maybe. Beulah married a year or two after her to L. P. Tinsley. Dora married Bailey Butler some five years ago. Until their marriage, they lived with their father Z. M. Young. A. M. Young was in possession of land from date of purchase, but did not live on it. The only tenant I recall him having while he owned it was Andy Chapman.
I had a conversation with his 2nd wife before she filed the divorce, and told him he had better deed the land to his children if he had not already done so. I said I understood the land was purchased with money their grand father had given to their mother and them, and to show in the deed it was purchased with their money. He said he intended for them to have it, but would not make a deed to them. Said he had his eye on it for a while before he bought it, but some of the Sadler heirs were minors, was waiting until he could get a good title. Heard him say he bought it from W. K. Lock for $2000; that old man Charles Burton came to his house and said to Mollie Young, his daughter, "I have some money here I want to give you" and counted out the $2000 and handed it to Mrs. Young and she gave it to her husband, and he handed it back to her and she put it in a drawer.
Heard Z. M. Young say in court to take any other property, and mentioned the ferries, but don't take the property bought with money their grand father had given them. Dr. Young claimed the land and contracted to sell it to Gillum Maxwell was my understanding, and Dr. Young's 2nd wife refused to sign unless Dr. Young would agree to give to Mrs. S. H. Minor an equal share of the proceeds with Edna, Beulah and Dorah. Dr. Young's 2nd wife was the one that told me about it. When Charles Burton gave his daughter Mollie Young $2000, think Jesse Beck was there. 22 Sept 1906. s/s W. H. Young
DEPOSITION: M. A. C. Williams age 66, live Gainesboro, known Z. M. Young ever since I've known anybody. W. K. Lock, deceased, was my brother, been dead 4 or 5 years now, died in Texas. Don't remember when Z. M. Young bought the lower shares of J. W. Lock land, but I was living in my residence that burnt down on the north side of the public square in Gainesboro. Z. M. Young brought me the money in a little brown satchel and said this is the money for your brother for the land. It was in gold. He said his father in law had given him the money and he thought the best thing was put it in land for the children. There were three children living, Edna, Beulah and Dora, living with their father. Mrs. Young was dead at that time. The ones who owned the two lower shares of J. W. Lock farm were Sally Sadler and W. K. Lock, my sister and brother. This was about 15 or 20 years ago. Question: Was it not 1890? Answer: Just say 15 or 20 years ago. Sallie Sadler was about 40 or 45. She is five years younger than myself. Sallie was dead at the time the trade was made. Sallie left three children, don't know a thing about their ages. Think one was named John, one Jim and one Kate. They left here before the war, and I never was out there.
Dr. Young purchased the ferry and ferry banks from me known as the Upper Gainesboro Ferry at the mouth of Roaring River. Made a statement about land for his children when he bought the ferry. Z. M. Young tried mighty hard to get it [ferry], and Henderson Young begged mighty hard not to let him have it. Z. M. Young had two ferries. He remarked when he bought this ferry he would be rich and have plenty for the children, and I had to law him four years before I got all my money. Bought my ferry about 26 March 1881 for $500 cash, and about four years, paid the balance of $300. He'd been known as a shrewd trader, think for many years he has been well off. My name was Frost at that time. I married my present husband three or four days after that. He later bought the lower ferry from [?]N. H. Quarles on 17 May 1881. s/s M. A. C. Williams
DEPOSITION: W. M. Gailbreath, live Gainesboro, am Clerk & Master of the Jackson Co. court. Known S. H. Minor all his life and wife Georgia Minor since she was a small girl and defendant H. L. McDearman 15 or 20 years. Mr. Minor came with H. L. McDearman to my office and asked me to write a quit-claim dead to McDearman. Mrs. Minor was not there, B. S. Minor was. He said he would not or did not want to give a warrantee deed, only such title as he held under the will of Mary E. Nevill. s/s
DEPOSITION: B. S. Minor, will be age 40 in a few days, live Gainesboro, am a traveling salesman. I am a brother of S. H. Minor. Have known H. L. McDearman 20-25 years. Was married the same day and year as Complainant Reeves, married June 1892. J. A. Montgomery was interested in the ferry, J. E. Stafford was interested. Dr. Reeves went to Stafford & told him he was going to bring a lawsuit and it scared him off. I went to Dr. Reeves afterward. Dr. S. H. Minor told me Reeves scared Stafford off, told Reeves that I understand you prevented Sid from selling his ferry.
S. H. Minor and his wife took possession of the land as devisees under the will of Mrs. Neville, formerly Mrs. Z. M. Young.
J. A. Montgomery is an uncle of mine by marriage.
J. E. Stafford is a partner in the mercantile business with McDearman & have been partners for years & I understand they are intimate and fast friends. Ques: Did McDearman say he'd played poker too much or too law to fear a lawsuit? [Objected as leading].
Question: Was Dr. Minor and his wife indebted after the death of Mrs. Neville, formerly Mrs. Z. M. Young for any amount on the land to the heirs and devisees of Mrs. Neville? Answer: She had willed that place over there, that is Mrs. Nevill to seven heirs, & Dr. Minor & his wife paid the seven heirs $200, making $1400, and Dr. Minor and his wife to have the balance. Understand Dr. Minor paid some of Mrs. Neville's debts, don't know how much. s/s B. S. Minor
DEPOSITION: A. C. Stafford, 62, have known Z. M. Young since he was a little boy, 57-58 years. Live s 1/4 - 1 1/2 mile from him. He has doctored my family and me. Knew C. F. Burton, Knew J. Z. Beck. Had a conversation with Z. M. Young at J. Z. Beck's when I was there making a rolling frame to roll logs up the hill. He talked about what a fine farm Jesse Beck had, and he thought he was going to buy some of the J. W. Lock farm. Others present, two are dead, were Merlin Trousdal & old man McCormack & Dave Hamlet was there and Frank Beck and maybe Willie Beck. Don't think I ever mentioned the conversation again with Uncle Dave but once or twice... talked to him a week or two ago down here at Washburn's [possibly store in Gainesboro]. Am pretty sure Dr. Young was a widower when the conversation took place. I asked him if he'd sell it, I'd like to buy it if I could.
Question: Weren't you insolvent? Answer: Had no money, except what little interest I own up there in my father's state [?estate - mlj]. Question: Hadn't you previous to that time sold & conveyed all your interest in your father's landed estate to your mother, except a 1/6 undivided interest in her dower? Answer: Yes...sold it... she [mother] failed to pay... said she would deed it back to me, and I just fooled along and let the statute knock me out. A. C. [his X mark] Stafford
DEPOSITION: E. A. Brown age 63, live Dist 1, farmer. Z. M. Young has doctored my family since 1867, are intimate and friendly. E. A. [X] Brown
DEPOSITION: M. J. Dixon, will be 39 the 12th of this month. My 2nd wife's father was a nephew of Dr. Young. Had a conversation with Dr. Young, and he said old man Burton had given him $2000 and that it took him some time to get a trade completed for the Bill Lock farm. 1 February 1907. s/s M. J. Dixon
DEPOSITION: John Martin age 56, live about 5 miles from Gainesboro. Known Z. M. Young since anybody. Ed Brown was present when I asked Z. M. Young why he bought the land. I can neither read or write. Good memory. 1 Feb 1907. John [X] Martin
DEPOSITION: J. H. Stafford, age 59, am farmer, have a license to practice law. Dr. Z. M. Young is my uncle. I represented him in his divorce. Geo B. Murray [represented] him chiefly. Believe Complainant was represented by J. T. Anderson, John H. McMillen & W. W. Draper. Believe Mary E. Young and S. H. Minor and wife were present when decision was rendered. Dr. Young married first about 1873 or 1874. They had four children, well, one died, have left three children. Edna married Dr. Reeves, Bula married L. P. Tinsley & Dora married B. C. Butler. County court appointed Dr. young guardian on 14 Sept 1891. Dated 1 February 1907. s/s J. H. Stafford
DEPOSITION: Reubin E. Johnson age 70, live 3rd Dist, Overton Co. Lived 10th Dist. of Jackson Co. seven miles from Gainesboro, known Dr. Young since we were boys. Had a conversation with him the day decision was reached. Said I, "Dock she beat you." Says he, Yes, it is gone from me now, but if my children have any get up in them when the youngest one becomes of age they will get it because their mother's money paid for it". 1 Feb 1907.
DEPOSITION: Andrew Skirmehorn age 53, live Haile [?]branch, Dist. 1, Jackson Co., about 2 3/4 miles from Gainesboro. Lived there 30 years. Dr. Young has practiced medicine in my family... always good friends. 1 Feb 1907. Andy [X] Skimmahorn
DEPOSITION: J. A. Montgomery, age 54, live Gainesboro, am a farmer. Am brother in law to J. T. Anderson. He was an attorney for Mrs. Mary E. Young vs Z. M. Young. He [Anderson] notified me through my son Bob that if they were going to law about it [the ferry], it was not $3000. Known Z. M. Young 25 or 30 years. s/s J. A. Montgomery
DEPOSITION: Mrs. M. A. Birdwell, live Macon Co., married W. T. Birdwell 29 Oct 1896. Know parties, knew C. F. Burton & Mollie Young, Z. M. Young's first wife. Married about 1874 or 1875 when I was living with my father P. U. Dudney about 2 1/2 miles east of Gainesboro. I boarded with Dr. Young and his wife in Gainesboro about the time Beulah was a baby and went to school and afterward boarded there and taught school. Shortly before Dr. Young's first wife died they sent for me and I stayed there until shortly before she left for Nashville to be treated shortly before she died. She was dead when I boarded there and taught school. In a conversation with Mrs. Young, she said, "Dr. show Polly Ann the present my Papa gave me", and he showed me some $500 bills, there were three or four or maybe two.
Had a conversation with her after that, she said her Papa had given "Puss (Mrs. Beck)" money to buy a house and Mr. Burton had also given her money to build her house on it. Mollie Young nee` Burton died 20 of June... not sure of the year; day and month I know, and they brought her home on the 24th. I was there when she came. I am a first cousin to Complainants. 2 February 1907 Mary A. Birdwell
WILLIAMS, M. A. C. & WILLIAMS, T. J. vs Z. M. YOUNG.
Resumed 27 Mar 1891, case filed by M. A. C. Williams, formerly M. A. C. Frost.
DEPOSITION of Newton Moore, am a little related to G. W. Hampton and Lizzie Hampton. Lizzie Hampton is a niece of my wife's and Wash Hampton is a nephew of my wife's by marriage. My wife and M. A. C. Williams were daughters of J. W. Lock. [Signed] Newton Moore
DEPOSITION: M. F. Young, age 38, live Jackson Co., occupation miller. Know land that Z. M. Young purchased of M. A. C. Frost, now Williams. [No month/day] 1891. [Signed] M. F. Young
COPY OF DEED: We, W. K. Lock and wife Ollie Lock of Montgomery Co., TX for $2000 sell to Z. M. Young of Jackson Co., land in 1st District, Jackson Co. Begin at rock between Robt White & J. W. Lock's line, north ... to Pollie Ann Williams corner, run with her line back to Cumberland River, being land W. K. Lock & Sallie Sadler got as heirs from their father, lying on the north side of Cumberland River. Dated 12 Feb 1890.
Jackson Co, TN and Z. M. Young of Macon Co, TN.
20 October 1873, defendant Z. M. Young intermarried with Mollie Burton, daughter of C. F. Burton, and the issue of that marriage was born 9 June 1875 Edna; 9 March 1877 Bulah; and 3 Oct 1880 Dora. Complainants Reeves married 20 June 1892; Complainants Tinsley were married 3 April 1893 and Complainants Butler were married in 1900.
Complainanats charge that their mother Mrs. Mollie Young died on the 20 June 1884, leaving complainants Edna, Bula and Dora as her only heirs at law. She also left surviving her defendant Z. M. Young her husband.
End of Reel #108
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Jane Hembree Crowley
Charles Reeves, Jr.,
Jackson County Coordinators
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