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
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[Note: This is actually several cases involving the estate of Samuel E. Stone. Data of no genealogical interest were not abstracted. There are many Jackson Co. citizens who owed Samuel E. Stone & Co who are named. If I recall anyone as not having been more fully covered in another case, they will be listed here. If nothing else, it might give an indication as to when someone was still alive - mlj].
CAUSE HEARD 17 March 1877 of Joel W. Settle, Executor of the Last Will & Testament of Sam E. Stone, deceased and Margery W. Settle, Executrix of the Last Will & Testament of Leroy B. Settle, deceased vs Jefferson Roberts. Leroy B. Settle sold to Jefferson Roberts land described in title bond, executed bonds for title 23 July 1866, Roberts executed notes, one paid, credit given on other.
PARTNERSHIP organization papers of Samuel E. Stone & Co. composed of S. E. Stone and Leroy B. Settle in retail store in Gainesboro, organized 1833, dissolution 1839. Stone continued in charge of the entire business until his death on the [blank] March 1854. Leroy B. Settle withdrew his capital before Stone's death. Books accidentally burned in 1860.
SETTLEMENT, cause of Joel W. Settle, Executor vs Nancy P. Hawes & others and Margery W. Settle. Joel W. Settle was named executor of estate of Samuel E. Stone, qualified and by the will was guardian of minor children of deceased as to their property... their mother, defendant Nancy P. Stone, was appointed general guardian. [Several pages of disbursements, not abstracted. Also list of notes, judgments and executions - mlj].
DEPOSITION 11 June 1866:
Peter G. Cox age 60. Leroy B. Settle was diligent in handling Sam E. Stone's business. I have known Joel W. Settle ever since he came to Gainesboro.
Saml E. Stone was in bad health several years... went to Florida 2 - 3 years before his death and after he returned he was confined to bed, did not pretend to do business.
Settle clerked for James D. Smith until he partnered with Stone. While he [Stone] was sick Wm M. Pickett and A. W. Beck were his clerks and J. W. Settle his partner.
/s/ Peter G. Cox
BILL OF COMPLAINT of Joel W. Settle of Jackson Co. against Nancy P. Stone, Joel W. Stone of Jackson Co. and Leroy B. Settle of Wilson Co., TN, Willis S. Stone of Wayne County, Tennessee, William P. Stone of Van Buren Co., TN.
Samuel E. Stone departed life in Jackson Co. 28 May 1854, in Last Will & Testament appointed Orator executor, qualified 1st Monday in July 1854.
Defendant Nancy P. Stone is widow, left following children only heirs:
Willis S. Stone born 8 Oct 1840.
William P. Stone born 10 December 1843.
Mary Stone born 4 Nov 1846 died 18 June 1859 without issue, Nancy P. Stone, Administrator.
Joel H. Stone born 8 June 18_9 [write-over - mlj].
[There are several pages mixed up here; believe this to be part of William R. Kinnaird's deposition; first part - filmed several pages later, in same clerk's writing; last part filmed later has Kinnaird's signature - mlj]:
DEPOSITION...[First and last part missing here]:
... Exhibit A being receipt for $1785 given to Joel W. Settle of ___ estate of Sam E. Stone, deceased by Margery W. Settle dated March 28, 1865... I know that S. E. Stone brought out from Va some valuable Negroes said to come from his Fathers estate his Father in law was a farmer of considerable property and I know he received some valuable slaves from him how many I dont know.
I knew L. B. Settle in Feby 1828 he was then selling goods at Gainesboro with Andrew Whitley and [ink blot] Smith the firm being Settle Whitley & Smith. 1830 he sold out and remained out of business until 1833 and commenced with S. E. Stone until the Fall of 1838 when they sold out... was never in business in Gainesboro afterward.
Ques: When Settle Whitley & Smith sold, who purchased...
Ans: In 1830 it was to Jas D. Smith a brother of L. G. Smith their partner. I presume he collected up his debts he removed the Goods to Carthage.
Whitley remained then until the Spring of 1833 and then moved to Ky.
Settle had always been regarded the active Partner. Smith was a Politician and gave the business no attention.
They were all regarded wealthy for that country.
Ques: What was the relative wealth of LeRoy Settle and Saml Stone at the time they went into partnerhip.
Ans: L. B. Settle as I stated above was wealthy for that country where S. E. Stone was a young man perhaps not over 21 and I suppose had no means of consequence...
L. B. Settle... moved to Lebanon... For the first two years he would come to court and look after his old business after that he never came often. [Remainder missing - mlj]
Watson M. Cooke age _8 [writeover]. Known Joel W. Settle more than 25 years... remarkable for his industry. First knew him... salesman L. B. Settle and S. E. Stones store in Gainesboro. L. G. Settle left Gainesboro in about 1837.
Ques: Did not Samuel E. Stone receive considerable property from his father and father-in-law... state the kind...
Ans: Mr. Stone went to Va where his parents resided and brought home several likely negroes that I always understood came from his fathers estate, he also ?received several negroes from his father-in-law Willis Stone in Kentucky [Signature page missing - mlj].
DEPOSITION 4 June 1866:
Russel M. Kinnaird age [blank]. Have known Joel W. Settle upwards of 25 years, part of the time I was a partner in the mercantile business.
I knew S. E. Stone from the year 1830 or 31 up to the time he deceased ___ in 1854.
Mr. L. B. Settle married in 1837 and shortly after that settled in Lebanon [Signature missing; probably part of the deposition before Watson Cooke's - mlj].
DEPOSITIONS July 1868 of B. B. Washburn, attorney; L. J. Lowe, attorney at law since 53 or 54 live Gainesboro; and Harvey H. Dillard, attorney about 14 years; concerning fee Joel W. Settle should charge as Administrator of S. E. Stone. [All signed as written - mlj].
DEPOSITION [Probably remainder of Watson Cooke's deposition - mlj]:
Joel W. Settle attended to his uncle L. B. Settles business tho I understand Mr. S. E. Stone to have attended to the business of Settle Whitley & Smith after Mr. Settle left Gainesboro in 1837 until after Mr. Stone's death in 1854 after which time Mr. Joel W. Settle gave his attention to it all.
/s/ Watson M. Cook
DEPOSITION [blank] July 1859.
Joel W. Settle age 38 [Nothing new].
RECEIPT of Nancy P. Stone 18 Jan 1861 [estate disbursement].
/s/ Nancy P. Stone
ANSWER of Leroy B. Settle and Joel W. Settle to Bill of Complaint of 14 June 1858 [Regarding notes and debt of Nathan Montgomery - mlj]. 11 Feby 1859.
/s/ Joel W. Settle
DEPOSITIONS 15 Jan 1861:
John L. Mahaney [No age].
Ques: How long did you live with and clerk for Joel W. Settle.
Ans: Lived with Joel W. Settle about the last of Nov 1855 until somewhere about the 1st of Jan 18[66 or 67; writeover - mlj].
Ques: At the time Joel W. Settles store house was burnt... was anyone sleeping in it.
Ans: I understand J. W. Settles clerk W. A. Beck was not sleeping in the counting room... understood no one had been sleeping in it much for two years.
/s/ J. L. Mahanay
Jefferson Roberts age 54. I was elected Constable of Jackson County in 1854, served til Spring 1856, again elected Spring or Winter 1857 and acted until April 1860. Reside about 2 1/2 miles from Gainesboro. Acquainted with Joel W. Settle upwards of 20 years.
I searched the J. P. offices in Jackson Co. and in the Fractions of Putnam County taken from Jackson Co. for executions... notes due firm [of Settle & Stone], spent 23 days at it.
/s/ Jeff Roberts
Robert C. Kirkpatrick about 36. Was acquainted with Joel W. Settle about 21 years. I resided in Gainesboro where he has lived during that time. Joel W. Settle acted as agent of Leroy B. Settle.
Leroy B. Settle has not resided in this county since 1840... resided in Wilson Co.
Ques: Say whether Sam E. Stone 1840 - 1848 was... trading in negroes.
Ans: I know he went to Va during those years and bought some negroes at one time and took them off to the South and sold them.
/s/ R. C. Kirkpatrick
Daniel M. Morgan about 60. Known J. W. Settle upwards of 20 years, knew Sam E. Stone from about 1835 perhaps before, to his death in 1854... lived 3 or 4 miles, assisted in the store when he and J. W. Settle were in partners at times.
/s/ Danl M. Morgan
Willis Settle about age 77. I was at J. W. Settles store the evening before it was burnt at night... left about one-half or three-fourths hour before sundown. I covered up the fire myself. There was but a small chunk of fire in the fireplace I put a large quantity of ashes over the fire with a spade. I told Joel W. Settle as there was no one to sleep in the store that night that we would not leave much fire. William A. Beck his store clerk usually slept in the store... had gone up the river on business, did not get back that night... don't think the fire started in the fireplace... had Zink about 2 or 3 feet out. Saw the fire about midnight. [No signature].
Samson W. Cassetty about 51. Known Joel W. Settle 20-22 years, knew Sam E. Stone from 1832 to his death.
/s/ S. W. Cassetty
William H. Botts age 35. Known Joel W. Settle from 1845 to this time.
/s/ W. H. Botts
ANSWER of Leroy B. Settle to Bill of Complaint of Joel W. Settle, Executor of Samuel E. Stone and others.
About 1833 Respondent and Sam E. Stone were in partnership. Respondent was to furnish capital, Stone was to purchase and retail. Previous to this respondent had been in business with Andrew Whitley and Samuel G. Smith... Samuel E. Stone was then a young man, acted as clerk in a store in town... first stock of goods was bought from Pleasant Armstrong... Respondent went to Philadelphia and Louisville and Nashville to purchase goods. In 1837 respondent married and 1838 removed to Lebanon, Wilson Co, resided there ever since... receipts destroyed by fire.
DEED OF TRUST of William Poston for $1.00... land in Jackson Co. 164 acres... near a small branch which runs into Do [sic; Doe] creek on the east side... south boundary line of William Locks - since Kinnaird & Bransfords - 50 acre tract... excepting 35 acres which is conveyed to Achilles Hare by A. Montgomery and now owned by James T. Quarles... deed made for the purpose [of securing debt to Leroy B. Settle], note dated 12 December 1857... This 12 December 1859.
William [his X] Poston
BILL OF COMPLAINT of Joel W. Settle of Davidson County, Tennessee, Margery W. Settle, Leroy B. Settle Jr. and Willis J. Settle of Wilson Co., TN, J. L. Rouseau and wife Jannie [Janie - mlj] Rouseau of the State of Kentucky, D. W. Hawes and wife Nancy P. Hawes and Joel H. Stone of Jackson Co. and W. P. Stone of Sumner Co. and Willis H. Stone of Wayne County against
William Poston. On 12 December 1857, William Poston made deed of trust and note. J. W. Settle was trustee... Leroy B. Settle, surviving partner of Stone & Co... comprised of Leroy B. Settle and Sam E. Stone... later died prior to execution of note and mortgage or trust deed.
Joel W. Settle is Executor of Samuel E. Stone.
Danl W. Hawes intermarried with the widow of Samuel E. Stone. Willis S., W. P. and Joel H. Stone are his only children.
Leroy B. Settle died after the making of deed of trust and note... Last Will & Testament made Margery W. Settle his Executrix. Leroy B. Settle Junr, Willis J. Settle and Jannie Settle who intermarried with J. L. Rouseau are his only children and heirs. 9 January 1872.
ANSWER of M. J. Dixon, guardian ad litem of Nathan Stone, D. T. Stone now D. T. Lynn, Martha Stone, Annie Stone, Andrew B. Stone and Hamp Lynn, husband of D. T. Stone, minor heirs of Sam T. Stone deceased... case of J. P. Murray et al vs Joel W. Settle et al... Respondent can see no cause why this case should be revived particularly as to land purchased by Saml T. Stone [No date].
AFFIDAVIT: John P. Murray makes oath that since the last term of Court Samuel T. Stone died... leaving L. A. Stone his widow and Nathan Stone, D. T. Stone now D. T. Lynn, Martha Stone, Annie Stone and Andrew B. Stone all minor children and heirs at law of S. T. Stone. 1 Feby 1891.
BILL OF COMPLAINT of Leroy B. Settle of Wilson County, Tenn against John N. Gates of Jackson Co. and William L. Gates of Overton County. John N. Gates owed Samuel E. Stone & Co... Gates executed note 10 May 1856.
John N. Gates is insolvent. John Gates 5 March 1858 conveyed to William L. Gates by deed a negroe woman named Eliza about 45 years old, two bay fillies about three years old, a sorrel horse, 30 head of sheep, six beds a bedstead and furniture and a bureau... intended as a mortgage... made to secure Wm L. Gates as security of John N. Gates.
6 July 1851 John N. Gates conveyed a tract of land to Wm L. Gates... 165 acres in District 7, Jackson Co... bounded by Sarah Arterberry place eat by William Walkers ?knob creek place and Cumberland River, south by Bennetts Ferry Road and west by lands of Wilson T. McColgin... believe fraudulent, intended to defeat creditors.
DEPOSITION [No date]:
John M. Gipson age [blank] years. Knew Samuel E. Stone 12 - 15 years.
Ques: How long have you known Joel W. Settle...
Ans: Ever since I came to Gainesboro, I think about 25 years or more.
[This was marked Page 12; pages 13 - 16 missing including signature page].
[This marked page 17 - mlj]:
Ques: State if L. B. Settle... received property from his father in law and from his fathers estate in Virginia.
Ans: I have heard... getting negroes from his fathers estate and also his father in law.
/s/ R. C. Kirkpatrick
INTERLOCUTORY DECREE August term 1860. Joel W. Settle, Executor of Sam E. Stone deceased vs Leroy B. Settle, Nancy P. Stone et al. Nancy P. Stone is the regular guardian of William S. Stone, William P. Stone and Joel H. Stone [Names as written - mlj].
BILL OF COMPLAINT of Robert A. Cox of Jackson County against Edward M. Cason, H. H. Cason, Daniel W. Hawes, Nancy P. Hawes, Joel H. Stone, David R. Buchanan, M. G. Butler, James H. Smallwood and G. H. Morgan of Jackson Co., TN;
Thomas H. Butler and Joel W. Settle of Davidson County;
William P. Stone of Sumner County;
Willis S. Stone of Wayne Co., TN;
William H. Botts of Barren Co., Kentucky and
Henry B. Fowler of the State of Kansas.
Joel W. Settle, Executor of Samuel E. Stone for the use of defendants Daniel Hawes, Nancy P. Hawes, Willis Stone, William P. Stone and Joel H. Stone recovered judgment in Jackson County Circuit Court July term 1866 against defendants David R. Buchanan and E. M. Cason.
Before judgment was rendered... filed in Chancery against David R. Buchanan, Daniel W. Howes and Nancy P. Howes, W. P. Stone, J. H. Stone and others.
There was no property of D. R. Buchanan to be found... therefore tract of E. M. Cason in Dist. 1 on the south side of Cumberland River bounded by Cumberland River on the west, south by Thomas Minors land, east by Jas P. Phillips and north by lands of Norris Crowder, James Ragland and lands heretofore bid off as homestead of E. M. Cason... 200 acre tract - including the old man Casons house and buildings where Adaline Putty now lives... all the cleared land of said Cason on the Pigeon roost hollow below Raglands.
Personal property set for sale 23 December 1871.
Land sale set for 3rd Monday in June 1871.
REPORT OF SALE [First part missing - mlj]. Joel H. Settle became purchaser of all personal property except kettle at price of $30...
[At least the first part of this document may be missing - mlj].
Land to be sold 26 Feb 1872 where Wm Speakman now lives, Dist 1 town of Gainesboro, property of E. M. Cason known as Lot 20.
Also homestead on Cumberland River... Pigeon Roost Hollow... residence of defendant E. M. Cason is a fine brick building worth of itself $1000 as well as a valuable barn and other valuable out houses. Charges that by collusion D. W. Hawes was to bid only $15.000... within 20 days he would advance his bid to the full amount of judgment.
Henry B. Fowler, Administrator of estate of G. W. Mitchell recovered judgment 16 May 1871 against R. C. Kirkpatrick and E. M. Cason for $1398.60 and costs... T. H. Butler is Administrator of S. S. Gray [Rest is lengthy, gives no genealogical information - mlj].
BILL OF COMPLAINT of Leroy B. Settle of Wilson County, Tennessee, Executor of Saml E. Stone of Jackson County against Dudley Brown of Jackson Co. 7 July 1856 Dudley Brown owed Samuel Stone & Co...
DECREE in the cause of Albert Kirkpatrick vs Leroy B. Settle, Willis Stone, William Plunket Stone, Mary Stone, Joel Haden Stone and William Bybe [Bybee]. On 64 January 1854 Sam Stone and Leroy B. Settle executed bond to Wm Bybe to make quit claim deed... Bybe should pay off notes - one to S. E. Stone & Co. due 2 Jany 1853 for $516.24; one executed by Phillip and Hiram Crowder and Wm Bybe due 2 Jany 1853 for $58.08.
Sam E. Stone departed life in Jackson County. Willis S. Stone, William Plunket Stone, Mary Stone and Joel H. Stone are his only children. Dated 6 Feb 1857.
BILL OF COMPLAINT of Leroy B. Settle, Executor of Sam E. Stone vs James J. Stamps and Wm Davidson of Jackson Co. and R. C. Kirkpatrick of Obion County. On 13 April 1866 James J. Stamps executed trust deed and note, debt is unpaid.
BILL OF COMPLAINT of Sydney S. [or L.] Settle, Tekumseh G. Settle, Tipton C. Settle and Joel S. [or L.] Settle; last sues by his guardian Peter G. Cox all of Jackson County against
William Tony, Malinda McGlason, R. P. Brooks, John M. Gipson, William R. Kenner, James H. Lee and Mary Brooks wife of said Richard P. Brooks all of Jackson County.
Orators represent... their father Joel L. [or S.] Settle departed life in Jackson County many years ago to wit 18[blank] owning real estate and negro slaves viz Rachel, Morr_ __ [smear], Randall, Anderson and Willie. Joel L./S. Settle left a widow Jane Settle the mother of aforesaid complainants and of Lafayette & Sewell the last two mentioned since having departed life without issue. Their father Joel L./S. Settle deceased by his last will bequeathed all property both real and personal to said wife Jane Settle during her natural life or widowhood and if she married she was to have the child's part and at her death or marriage all the property was to vest in and belong to Lafayette, Sydney L/S., Tekumseh G., Tipton C. and Joel S./L. Settle.
Said widow died shortly after her husband Joel L./S. Settle without having remarried. Lafayette and Sewell also departed without issue and intestate, leaves Orators Sydney L./S., Tekemseh G., Joel L./S., Tipton C. Settle the only survivors.
Mounce Gore is Executor.
Joel L./S. Settle died seized and possessed of land... described and referred to... Settle heirs November term 1840 and also May term 1841.
All children were minors at their parents death. Joel S./L. is yet under 21 and T. C. is now in his 23rd year.
The negro named Willie sold for $702. Mariah and child for $780 and are now in possession of Malinda MGlasson and has had three other children since said sale in possession of Malinda MGlasson.
Harriette sold for $652.
Rachel sold for $300 and is now in the hands of Richard P. Brooks and wife Mary and had three children since said sale... doubts exist as to present ownership. James H. Lee is said to be in possession of one of the said children... do not know whether purchase, hire or otherwise.
A negro named Randall sold at $405 is now worth $1200 at least is in possession of defendant William R. Kenner.
Anderson sold at $406.
Orators believe sale was not advertised in town of Nashville... not advertised in three public places in Jackson County... not advertised at all.
ANSWER of Joel W. Settle to Bill of Complaint of Elisha Wheeler. Samuel E. Stone & Co. sold land to Elisha Wheeler bounded by Morrisons Creek of Roaring River... northeast course wherein John Adcock formerly lived... 160 acres, Grant No. 3119 State of Tennessee to John Brown, since deeded to William Dennis by said Brown and John Graham.
One other tract on Morrisons creek of Roaring River... corner of Dennis 160 acre tract... Grant No. 3121, State of Tennessee to John Brown since deeded by said John Brown and John Graham to said Dennis...
One other tract on same waters bounded south by boundary line of Dennis 225 acres including dwelling where Dennis formerly lived, Grant No. 3218 State of Tennessee to William Dennis.
Elisha Wheeler has given note executed by Frank Goolsby due 1 October 1853 for $200 and executed his own note due 1 October 1854 for $96.82. Dated this 1 December 1852.
/s/ Sam E. Stone & Co. by their agent Joel W. Settle
BILL OF COMPLAINT of Elisha Wheeler of Jackson County against Joel W. Settle, Nancy Stone, Wm P. Stone and Joel H. Stone of Jackson Co. and Leroy B. Settle of Wilson County, Tennessee and Willis Stone of County of [blank] Tennessee.
Orator on 1 December 1852 purchased property of Samuel E. Stone and Leroy B. Settles. Samuel E. Stone has since died. Defendant Nancy P. Stone is his widow. Defendants Wm P., Willis and Joel H. Stone are the minor children of said Samuel E. Stone... land in Jackson County, Tennessee on waters of Morrisons creek of Roaring River on the point of a ridge... has paid for property, asks title be divested out of heirs and in him.
Whereas I Francis Mabery of Jackson Co., TN have sold to Nimrod Johnson of Jackson Co. my interest to tract of land which Seth Mabery and myself holds Bond on Saml E. Stone & Co. for title dated 30 July 1853, and 16 August a conditional line agreed on between Seth Mabery Jr. and myself... my interest is not one-half as shown in the bond. Nimrod Johnson will pay $100 for my interest only up to the conditional line and when this is paid I will release my claim or convey by deed to Nimrod Johnson. 15 Sept 1854.
Francis [his X] Mabery
Whereas we Saml E. Stone & Co. have sold to Seth Maberry and Frances Maberry a tract of land deeded to us by Seth Maberry Senr on 7 Dec 1841... Registers Office Book F page 77... 50 acres on a small branch of Roaring River... east with the Burris line since owned by Nimrod Johnson... include the plantation whereon Seth Maberry Sr. now lives.
In consideration Seth Maberry Jr and Francis Maberry have bound themselves by notes 30 July 1853.
/s/ Saml E. Stone & Co. Witness: Joel W. Settle
BILL OF COMPLAINT of Seth Mabery Jr. and Francis Mabry against Leroy B. Settle, Joel W. Settle, Nancy P. Stone, Willis S. Stone, W. P. Stone, Mary A. Stone, Joel H. Stone, Joel W. Settle.
Asks title be divested out of heirs and into them.
PROSECUTION BOND: Seth [his X] Mabry, Francis [his X] Mabry, /s/ J. R. Tolbert
BILL OF COMPLAINT of Francis M. Goolsby of Jackson Co. [against Stone heirs and Executor - mlj]. Saml E. Stone sold land to Wm Rush who sold to Charles C. Price... includes two entries made in the name of Eligah Simmons one for nine acres and one for seven acres and also including the James Rush ____ with the exception of 40 acres... said land granted to James Rush No. 1210 dated 1st May 1829.
Francis Goolsby has paid for the land since the death of Saml E. Stone, has the receipt, wants title. 21 Jany 1860.
COPY of Bond for Title [subject to payment] Sam E. Stone and LeRoy B. Settle to William S. Rush. Land in Bill of Complaint granted to James Rush... James Rush heretofore sold of [sic] to one Henderson Brown as per deed made to said Brown the balance of said tract containing [blank] acres. 15 Septr 1851.
/s/ Sam E. Stone & Co.
[Note: This is in a new folder, but this case and documents mixed in with this case appear to be related to the estate of Samuel E. Stone - mlj].
DEPOSITION: L. C. Hall about age 55. Am a practicing solicitor... reasonable fee for J. M. Morgan for drafting bill in this case would be $25; for W. B. Butler serving as guardian to minor heirs $10. Sam A. Morgan is the administrator of Joseph Stafford.
ANSWER of Saml A. Morgan, administrator of Joseph Stafford deceased to Bill of Complaint of Joel W. Settle and others against Nancy Stafford and others.
True Joseph Stafford is dead and respondent is his administrator... no effects of Joseph Stafford have come to his hands... what little he left was exempted by law to his widow Nancy Stafford... He has been appointed to rent land, on [blank] 1872 he went upon said premises and found Rhoda Stafford in possession and claiming a portion and one John Stafford in possession of another portion and both refused to surrender to respondent the possession. 1 May 1872
/s/ Saml Morgan
CAUSE OF Joel W. Settle, R. M. Kinnard, Margery W. Settle, Leroy B. Settle Junr and Willis J. Settle, J. L. Rouseau and wife Jannie Rouseau, D. W. Hawes and wife Nancy P. Hawes, Joel H. Stone and J. M. Gipson, W. P. Stone and Willis S. Stone against
Nancy Stafford the wife of Joda Stafford, deceased, Henderson Stafford, W. R. Stafford, Jonas Stafford, Shelby Dudney and wife Nancy Dudney - John Stafford - James Stafford - Almira Stafford - Joseph Stafford Junr and Martha Stafford - Helen Stafford, Adaline Stafford and Elizabeth Stafford.
Cause heard 18 June 1873... Order made April term 1872 after advertising... first Monday in [blank] 1872 sold tract... Anderson Stafford became purchaser at $250.25, executed note with R. P. Brooks and J. M. Johnson his security... Aarons branch in Jackson County bounded... east bank of Aarons branch below where Wm R. Stafford now lives eastward to the top of a hill... head of a hollow leading to Talley's hollow, west to the line of Joda Staffords 100 acre entry... to P. N. Dudneys line... north running through Jack Norris's field... line of 300 acre tract once owned by John Stafford... south bank of Aarons branch Thence down said branch with its meanders... by estimate 125 acres... 25 acres belonging to Leroy Stafford... be divested out of all parties both complainants and defendants and into Anderson Stafford.
ANSWER of W. B. Butler guardian ad litem of Almira Stafford, Joseph Stafford Jr., Martha Stafford, Helen Stafford, Adeline Stafford and Elizabeth Stafford, minors against
Nancy Stafford and others... guard the interest of his wards. 1 May 1872.
SUMMONS 4th Monday in October 1872 to Nancy Stafford, William R. Stafford, James Stafford, Shebly [sic] Dudney, Nancy Dudney, John Stafford, James Stafford Jr., Martha Stafford, Hellen Stafford, John L. Mahaney and Elizabeth Stafford, Adoline Stafford and Sam A. Morgan to appear 4th Monday in April 1872 to hear a bill in equity by Joel W. Settle and others.
DECREE 14 July 1858, Leroy B. Settle against Ridley Roberts, Joshua R. Stone, Alexander Montgomery, Watson M. Cook and Samuel E. Hare
... after advertising time and place of sale at the court house door in Gainesboro, at Flynns Lick and other places... "Union & American" a newspaper published in Nashville sold land on 3 July 1858,... Leroy B. Settle became purchaser at $478... amount of debt:
1st tract 200 acre Survey date 30 Nov 1838 Entry No. 1726 and Grant No. 7186 on the waters of Martins creek... begin northwest corner of 200 acre survey of R. P. Smith... south boundary line, survey 100 acres in the name of David Herbert... west with Herbert line... stake in the side of a mountain or hill, south to 200 acre survey of R. P. Smith... to beginning.
Tract 2... containing 50 acres entered 2 January 1826 No. of Entry 522, Grant No. 771 and entered in David Jones and surveyed 15 Feby 1827... north side of Martin's creek... first branch known as Cane Hollow or branch where James M. Kerly formerly lived... beginning a small distance above a spring... south side of a ridge crossing two small branches... including said spring.
Tract 3, 400 acres by survey dated 20 Oct 1830 and entered 29 March 1828, Entry No. 1330 Grant 2636... waters of Martins creek... begin northeast corner of Joseph Shaws 640 acre tract... Spring fork of Martins creek... excluding 15 acres of John Stephens.
Tract 4 entered 12 Feby 1827 in the name of Jesse Thomas, No. 1092, Grant 2641 surveyed 19 Oct 1830 containing 100 acres.
Tract 5... 50 acres granted to Ridley Roberts entered 19 Dec 1828 No. 1444 Grant 2637 and surveyed 19 Oct 1830.
Tract 6 granted to William Stephens assignee of Lewis M. Holleman entered 10 Jan 1826 No. 724, Grant No. 1497, surveyed 6 June 1827... 50 acres.
Tract 7 entered in name of James McKinley on 6 Febr 1826 No. 853, Grant No. 773, surveyed 27 June 1827... 125 acres... deed from McKinley to Ridley Roberts, Registers office Book E, page 150 and 151.
Tract 8... Entry No. 1133, name of James McKinley on 17 Mar 1827, Grant 731 surveyed 27 June 1827... 50 acres, deed from McKinley to Ridley Roberts...
Deed of Trust from Ridley Roberts to Joshua R. Stone dated 9 March 1842 divested out of Ridley Roberts and into Leroy B. Settle.
BILL OF COMPLAINT of LeRoy B. Settle of Wilson County, Tennessee against Ridley Roberts of the State of Illinois, Joshua R. Stone of White Co., TN, Alexander Montgomery of Jackson County, Tennessee and Sam E. Hare of Macon County, Tennessee.
Ridley Roberts on 9 March 1842 was indebted to Orator and Sam E. Stone & Co. $148.23... note executed 2 January 1840... also note to And[rew] Whitley $80._6 [blot].
Also note to Sam E. Hare and Watson M. Cooke... partnership of Hare & Cooke, due 1 Jany 1841 for $15.69.
Also debt to Alexander Montgomery, about $60.
To secure payment Ridley Roberts signed deed... conveyed to one ____ R. Stone for said Sam E. Stone & Co. and Andrew Whitley, Hare & Cooke and said Montgomery several tracts of land... with the condition if Ridley Roberts failed to pay Joshua R. Stone was authorized to sell land.
Debts not paid, Ridley Roberts is a resident of the State of Illinois. Bill filed 17 Jany 1857.
INDENTURE 1 June 1834, Leroy B. Settle, Andrew Whitley and James Smith, firm of Settle Whitley & Smith... Leroy B. Settle of Jackson Co., TN, Andrew Whitley of Lincoln Co., KY and James G. Smith of Davidson Co., TN party of the first part and Abraham Garrett of Jackson County the other part... the said Settle Whitley & Smith for $1050 sell to Abraham Garrett a tract of land in Jackson Co., TN 1st District on Roaring River being part of land granted to William Stafford in part of Warrant No. 57 dated 19 November 1802 entered 1 July 1808 by No. 13 as an occupant claim under Act of 1807... begin south side of Roaring River... corner between William Stafford Senr and John Stafford deceased... near John Staffords field on the river... conditional line between said John Stafford deceased and the said Wm Stafford Senr... up Roaring River to a Boulder... containing 121 acres.
Also 100 acres by survey 19 May 1827... boundary line of John Burris Senr tract on which he now lives and on the bluff of said river... to northeast corner entry in name of William Buckner and with his east boundary line... John Gi_dons 100 acre tract... south boundary line of said Staffords 242 1/2 acre tract.
Also 50 acres survey date 21 September 1825 on Roaring river... south boundary line of 320 [or 520] acres granted Jno McGee... west with his line... Kellys branch... Grant No. 3925.
Also 50 acre survey 7 Sept 1825 on south side of Roaring River... line of John Staffords old survey... Wm Staffords old still house branch... running up the branch.
Also tract entered by William Stafford No. 1598 for 20 acres dated 22 March 1830 transferred by William Stafford to Settle Whitley & Smith.
Also entry by William Stafford No. 1599.... 50 acres... Whitley corner of the Buckner tract, 11 August 1824.
s/s Leroy B. Settle, s/s Andrew Whitley, s/s Sam G. Smith by his atty in fact Tom Smith
Wit: Micajah Oglesby, Sam E. Stone
DEPOSITION 9 July 1859.
Abner Chaffin. Know land... Talyes [sic; Tally's/Talley's - mlj] Hollow in the lifetime of James Young he claimed until it was divided about 18 years ago.
Ques: Say whether you are acquainted with James Young Jr. and Robert Young and what relationship exists between them.
Ans: Robt Young is James Youngs uncle.
Ques: Whose son was James Young and say if Robt and James Young are dead.
Ans: James Young [Jr.] was littl B youngs son. James Young and Robt is both dead.
Ques: Say whether you heard Robert Young say he conveyed the land to James Young Jr. to prevent it being sold to pay Littleberry Young's debt he owed complainant LeRoy B. Settle.
Ans: My understanding from Bob Young is Little Berry Young said not to make the deed to him but to James Young... that if it was to Little B. Young [it would be sold] to pay some old debts.
Ques: Say whether James Young Jr. was present.
Ans: Don't recollect that James Young was present.
Ques: Say whether you heard Robert Young while title was in him before he conveyed land to James Young Jr. - say the lands conveyed to him by his father James Young Sr. for the use of Littleberry Young and he intended to convey it to James Young Jr. or to some of Little Berry's children to keep it from being sold... Littleberry's debt.
Ans: I heard him say so but dont know whether it was before the ____ or not.
/s/ Abner Chaffin
NOTICE TO SHERIFF: Joel W. Settle has this day filed Bill of Complaint against Thomas D. Young administrator of Lorenzo J. Stafford deceased and Elisabeth Stafford... injunction to keep them from selling [livestock listed]... which is mortgaged to Joel W. Settle. 2nd Monday in July 1859.
NOTICE TO ATTACH: 14 March 1854 against Littleberry Young, Thomas Young, John W. Young, Patrick N. Dudney, Rhoda Dudney, Lorenzo Stafford, Elizabeth Stafford, Duke Young, Sally Young, Zebulon Young, Harrison Young, Henderson Young, Merlin Young, James Stafford and John Stafford.
Attach following land both sides Tally's Hollow bounded by southwest corner of 100 acre survey granted by State of Tennessee to James Young Sr... to tract granted by State of Tennessee to Littleby [sic] Young, Grant No. ?5127... north boundary of land owned by Abner Chaffin crossing Talley's Hollow... low hill... southeast corner of said Robert Young tract on which he lived on the 6th day of July 1846 westwardly with a conditional line made by said Robert Young and Littleberry Young... 100 acre tract - including the house and farm where Littleberry Young now lives. 1st Wednesday after 1st Feby March 1854.
CROSS-BILL OF COMPLAINT of Littleberry Young of Jackson Co. against Leroy B. Settle.
Judgment rendered against Orator in 1853... note was fraudulent... three judgments against James [or Jonas] Elliott 13 July 1854.
/s/ little B. Young
DEED [Very faded]: Abner Chaffin and William Chaffin of Jackson County, Tennessee for $10 to heirs of James Young deceased to wit: Nancy Stafford the wife of Joseph Stafford and Rody Dudley [sic; Dudney] the wife of Patrick Dudley and Thomas Young, Jonathan Young, Elizabeth Young, Duke Young and Sary Young, Zebulon Young, Harrison Young and Henderson Young all heirs at law of said deceased James Young, all residents of county and state aforesaid... land in Tallys Hollow... corner survey that once belonged to James Young to have and hold to said heirs at law to wit Nancy Stafford, Rody Dudley, Thomas Young, Jonathan Young, Elizabeth Young, Duke Young, Sary Young, Zebalon Young, Harrison Young and Henderson Young heirs of said James Young deceased. 26 March eighteen hundred forty ____ [nine or five].
/s/ Abner Chaffin, William Chaffin
Attest: A. P. Davis, H_ _ _ _y Fox
INDENTURE 20 March 184[smear] between Hue Crocker of Jackson County Tennessee party of one - and James Young and Joseph Stafford Junor [sic] of the county and state aforesaid of the other part...
for sum of $250 paid... sold to James Young and Joseph Stafford two tracts in Jackson County District 9 [survey calls all trees]... 50 acres.
Tract begin north boundary of 50 acre tract of James Young Junor [sic]... side of a bluff both tracts containing 75 acres wheareon [sic] Joseph Chaffin now lives.
Uriah [his X] Crocker
ACK: 3 May 1852... am personally acquainted with Uriah Crocker... /s/ S. W. Cassetty
BILL OF REVIEW of Littleberry Young... judgment against him by Leroy B. Settle... old note of about $133 for which Young was to have transferred to him a judgment against Jonas Elliott - this was never done... note over 20 years old. Respondent could not prove... now finds he can by Patrick Dudney... judgment that was to be transferred... Jonas Elliott was dead, could not be collected. 13 March 1861.
Littleberry [his X] Young
ANSWER of Littleberry Young, Paterc [sic; Patrick - mlj] Dudney, John W. Young, Duke Young, L. J. Stafford, Thomas Young, Rhoda Dudney and Elizabeth Stafford to Bill of Complaint of Leroy B. Settle.
Littleberry Young never had legal title. Land was granted to James Young Senor [sic] who was the father of respondent Littleberry Young and was the portion of his estate intended for said Littleberry and it was conveyed to Robert Young on account of improvidence of Littleberry Young. 11 Feb 185?9
/s/ t. D. Young,
s/s J. W. Young,
s/s Sarah L. [or Y.] Loftis,
Rodah [her X] Dudney
Elizabeth L. [her X] Safford [sic]
/s/ Zeblon Young
/s/ hender young
/s/ harison young
/s/ marling young
/s/ Little B. Young
/s/ Duke Young
DEPOSITIONS 30 January 1857:
Worley Young age 47. Knew James L. Young from the time he was a child until his death Feby 1848 or 9. This James L. Young is called James G. Young in the deeds and pledings [sic; pleadings] in this suit.
James L. Young was about 24 years old at the time of his death I think and was living with his father on said tract of land at his death. I think he was there in 1826 and remained til his death.
/s/ Worley Young
Abner Chaffin age 38. I was acquainted with James L. Young and he is the same man referred to [as James G. Young]. He was living with his father on the land at his death.
/s/ Abner Chaffin
W. R. Stafford age 35. Acquainted with James L. Young, described as James G. Young in the pleadings of the suit. He has been dead eight years this Feby coming. He lived on the land 25 years.
William R. [his X] Stafford
BILL OF COMPLAINT of Joel W. Settles of Jackson County against Thomas D. Young and Elizabeth Stafford.
Samuel Stone died about 28 May 1854, Orator is Executor.
Lorenzo J. Stafford departed life in Jackson County December 1859. Jany term Thomas D. Young was appointed administrator. Lorenzo J. in his lifetime executed mortgage on mare, cow, heifer... to Settle & Stone 17 Dec 1858... not paid.
Orator believes the estate of Lorenzo J. Stafford will prove insolvent. Mortgaged property in possession of Elizabeth Stafford the wife of said deceased... believe she will dispose... 20 Jan 1860.
BILL OF COMPLAINT of LeRoy B. Settle against Little Berry Young, Thomas Young, John W. Young, Patrick N. Dudney and wife Rhoda, Lorenzo Stafford and wife Elizabeth, Duke Young, Sally Young, Zebulon Young, Harrison Young, Henderson Young, Merlin Young, James Stafford and John Stafford of Jackson County.
Littleberry Young owes Settle & Stone money. James Young Senr the father of LittleBerry Young gave Little Berry land.
2 Sept 1841 Little Berry Young and James Young Senr conveyed land to Robert Young a brother of Little Berry Young.
6 July 1846 Little Berry Young procured Robert Young to convey said tract to James G. ["L." correct; see previous depositions - mlj] Young a son of Little Berry Young.
[Legal description filmed; survey calls are trees - mlj].
James G. [L.] Young departed life intestate never having been married and his heirs are Thomas Young, John W. Young, Rhoda married Patrick N. Dudney and Elizabeth married Lorenzo Stafford, Duke Young, Sally Young, Zebulon Young, Harrison Young, Henderson Young, Merlin Young, James Stafford and John Stafford the last seven are minors. 15 March 1854.
DEPOSITIONS 20 June 1858.
Joshua Young about age 35.
Ques: Say whether land conveyed by your father Robert to James L. Young in controversy...
Ans: Acquainted with the land, lived in sight of it until I was about 27. Was present at a conversation between my father Robert Young and Littleberry Young.
James L. Young is dead. He was a single man and lived with his father.
/s/ Joshua Young
Abner Chaffin age 39 [Nothing new]. s/s Abner Chaffin
DEPOSITIONS 7 & 8 June 1860:
John L. Mahaney. Lived with and clerked for Joel W. Settle 17 December 1858, witnessed a Deed of Trust that date by Lorenzo J. Stafford to Joel W. Settle.
/s/ J. L. Mahanay
Sydney S. Dudney about age 43. Joel W. Settle got crops of tobacco from Lorenzo J. Stafford.
Sydney S. [his X] Dudney
[Note: This was the title on the folder. If there was anything regarding Elizabeth Carter except a brief mention of ejectment, aka eviction, it wasn't here. This folder appears to be documents left over from Samuel E. Stone's estate and/or Joel W. Settle's estate - mlj].
BOND: Jefferson Roberts and P. N. Dudney to Margery W. Settle Executrix... void if Roberts prosecutes to effect. 20 January 1874.
/s/ J. Roberts, P. N. [his X] Dudney
INDENTURE 4 October 1828, James Short of Jackson County party of the one part and Leroy B. Settle, Andrew Whitley and Sam G. Smith Merchants... other part.
Settle Whitley & Smith paid James Short $600 for land on Jennings Creek, 76 1/2 acres... south of Thomas Pattons northwest corner... John Chism' northeast corner.
One other tract granted to James Short by the State of Tennessee Grant No. 3890 entered 5 July 1824 survey date 16 Aug 1825... south fork of Jennings creek said Grant date 28 August 1826.
Also tract granted to James Short by State of TN... four acres, Grant 3883, entry No. 3890... Act passed 22 Nov 1823... 12 1/2 Cents per acre.
Also 25 acres granted James Short, survey 16 Aug 1825.
/s/ James Short
Wits: William Lock, Y. [or Z.] S. Turner
ACTION OF EJECTMENT, Margery W. Settle against Elizabeth Carter [Nothing more - mlj].
DEPOSITION 18 January 1873:
L. B. Settle age 30. I am a son of Leroy B. Settle deceased. All my father's papers are in the hands of L. C. Hall of Jackson County.
/s/ L. B. Settle
PROSECUTION BOND: We Margery Settle and R. C. Hall are bound to Samuel Flat, Eliza Gomly [sic; spelled Gormley and Gormly in other cases - mlj], Penteprop [Could be old-style "P" for "ss"] - mlj] Gomly, victory & Lucurgas T. gomly, Elizabith Flyin [sic; Flynn], Andrew Flyin, Narcisa Oldfield, Allen Oldfield, Lot Adcock, Peter Eler [sic; Eller], William Adcock... sum of $1000 void if successful... praying for relief in the premises. 28 September 1867.
/s/ Margery Settle, s/s L. C. Hall
ANSWER to Bill of Complaint of Margery W. Settle, Executrix of Leroy B. Settle deceased against Charlotte Stout widow of George Stout deceased, William Stout, Malinda Manear and husband Allen Manear, Robert Stout, Harriet Stout, Margaret Stout and James P. Stout.
Defendants Robert, Harriet, Margaret and James P. Stout are minors represented by guardian ad litem James Draper and demur to Complainants bill.
PETITION of Jefferson Roberts of Jackson County, Tennessee against Margery W. Settle of Wilson County, Tennessee. Margery W. Settle recovered judgment 12 March 1868. Petitioner doesn't dispute judgment, but paid most of it, ready to pay balance, wants property released.
/s/ J. Roberts
BILL OF COMPLAINT of Margery W. Settle, Executrix of Leroy B. Settle against Sharlotte Stout widow of George Stout deceased, William Stout, Malinda Manier and husband Allen Manier, Robt Stout, Harriet Stout, Margaret Stout and James P. Stout, children of George Stout deceased and citizens of Jackson County, Tennessee.
On 9 February 1858 Leroy B. Settle husband of Margery W. Settle sold land to George Stout now deceased called the Joseph Cannon tract, being 110 acres in Dist. 15 bounded east by land known as the big orchid [sic; probably should be orchard - mlj] tract where George Stout died... bounded south by land owned by William Vititoe at his death... by land of E. C. Carter and [tear] Pharris, north by land of Joseph [tear]... note has been mislaid. 22 October 1869.
BILL OF COMPLAINT of Margery W. Settle, Executrix of Leroy B. Settle deceased against
Cenia Brewington, Elizabeth Brewington, John Brewington and wife Jane, Thomas Brewington and wife Sarah, Thomas Brewington Junr, Peter Polk and Dad Ortner defendants.
Plaintiff sues to recover following tract... above a sinkhole... crossing William Stephens Spring branch...
Defendants entered thereon 2 May 1871, holding unlawfully.
REPORT OF SALE: After advertising... offered the George Stout 110 acre tract on 16 December 1871... A. B. Holleman high bid, paid $117 in full.
NOTICE OF JUDGMENT: Margery Settle Executrix of Leroy B. Settle deceased against James Draper, William Draper, Harvey H. Draper and W. H. Dobbins of Jackson Co.
Judgment against James Draper principal and William Draper security, Harvey Draper is Stayor.
POWER OF ATTORNEY: Samuel G. Smith late of the County of Jackson, Tennessee now of the town of Nashville State of Tennessee appoint my brother Thomas Smith my true and lawful attorney in fact to settle mercantile business of Leroy B. Settle Andrew Whitley and Samuel G. Smith. Acknowledgment: 4 Aug 1834.
/s/ Sam G. Smith
NOTICE to Susan Hollaman and Elizabeth Hollaman... Margery W. Settle, Executor of L. B. Settle deceased brought suit against James Marlow who has since died and the same has been revived against us as his heirs... now pending for the lands you sold to said James Marlow deceased in his lifetime in Jackson Co., Tennessee on waters of Martins creek adjoining land of Wm F. Sadler, Luke _____ and Thomas King. 15 September 1875.
/s/ Sampson Marlowe, Benj Marlowe & other defendants by H. H. Dillard, Atty.
REPORT OF CLERK: Cause of Margery W. Settle vs Wm Marlowe. The death of William Marlowe having been suggested... make known to Sampson Marlowe, Benjamin Marlowe, Harrison Marlowe, William Marlowe, Lena Marlowe, Sally Marlowe, Lee Marlowe, Ema [sic; Emma] Marlowe who were all the heirs of said deceased show why bill should not be revived against them... notice served on all the parties 22 July 1873... this will be revived against Sally Marlowe widow of said deceased, Sampson Marlowe, Benjamin Marlowe, Harrison Marlowe, Lena Marlowe, Lee Marlowe and Ema Marlowe as the children and only heirs of said deceased and it appearing to the court that Harris Marlowe, William Marlowe, Lena Marlowe, Lee Marlowe and Ema Marlowe are minors and have no general guardian orders that _____ [crease; looks like "H. H. Dillard" - mlj] be appointed. [No date - mlj].
PROSECUTION BOND: M. W. Settle principal; J. M. Morgan and L. C. Hall securities to Sampson Marlowe, Benjamin Marlowe, Harrison Marlowe, William Marlowe, Lennie Marlowe, Sallie Marlowe Sr., Lee Marlowe, Emma Marlowe Jr. in sum of $250. 11 Jany 1881.
ORDER TO APPEAR 2nd Monday in May 1873. Margery Settle, Executor of Leroy B. Settle, Willie Settle, Jennie Rusoe wife of [blank] Rusoe to answer Bill of Ejectment against James Marlow.
It being suggested and proved in court James Marlow is dead and that Sampson Marlowe, Benj Marlowe, Harrison Marlowe, William Marlowe, Lena Marlowe, Sallie Marlow Sen, Lee Marlow and ["Sallie" marked through] Emma Marlow Jr. are the heirs of James... ordered to appear.
CAUSE HEARD by Tennessee Supreme Court 4 April 1884, affirmed Circuit Court Judgment in favor of defendants.
BILL OF COMPLAINT of Sarah Settle. Plaintiff Mike Settle being dead since suit was brought his widow Sarah Settle now sues for $5000 damages... G. W. Chapman on 1 Sept 1895 did assault, wound, beat... rocks, knives, clubs, kicking him... became sick sore lamed disordered... from 1 September 1895 until his death 26 April 1896... the said Mike Settle col. underwent great pain... Sarah Settle the widow with her children [not named] prosecutes... damage $5000.
OATH OF POVERTY: Mike Settle... owing to poverty not able to bear the expense. 15 April 1896.
Mike [his X mark] Settle
NOTICE OF DEPOSITIONS: Will take depositions 16 June 1896 of Mrs. Alice Chapman, T. M. Cason, Alex Hawkins, John Lee, Dr. C. E. Reeves, Dr. Y. M. Young, Sarah Settle col., Joel Settle col., Dr. H. P. Loftis, Wm Pharis, Prof Denton col. [Depositions not on microfilm. - mlj].
DECREE: In this cause, the court was as follows
"(here insert it)" [ Nothing inserted - mlj]
Defendant excepts to it, moves for a new trial...
PLEA July 15, 1896 [First part of this is missing - mlj]... He says further he is not guilty.
/s/ G. W. Chapman
BILL OF COMPLAINT of T. G. Settle, Admr of Nancy L. Haile, deceased of Jackson Co. against Kenner Dudney & wife Etta Dudney of like residence.
Nancy L. Haile died intestate in Jackson Co. [Blank] 1902, owned in her lifetime following land in 1st District of Jackson County Tennessee on Haile branch of Doe creek known as the N. P. Haile farm where intestate lived and died, about 400-500 acres bounded by lands of W. C. Reed, J. H. and J. W. Stafford, Andy Skimmehorn, the John M. Gipson lands and others. The interest of Nancy L. was only a life estate and terminated at her death.
On 17 Nov 1900 his intestate made a written contract with Kenner Dudney or with him and wife Etta Dudney... were to move on said land into her house... care for her and support during the remainder of her life... were to have portions of land rent free during her life. A large portion of the lands were not included... believes defendant cultivated it or rented it out in the years 1901 and 1902 and retained rents... [Itemized personal property including livestock believed appropriated - mlj]. Nancy L. Haile was old and feeble... confined when Etta and Kenner Dudney moved in.
Etta Dudney is owner in her own right of one-tenth undivided interest in the proceeds of the above mentioned as heir to her father Nicholas P. Haile deceased. Land has been sold for distribution of proceeds... asks Etta's interest be attached in sufficiency to pay recovery...
Corn raised on the place is in Spiva's warehouse on the Cumberland [River] ready to be shipped. 3 Feby 1902.
BILL OF COMPLAINT of Tipton C. Settle and wife Sarah Angelie of Jackson County Tennessee against Joshua Haile Sr. and M. R. Chilcutt of same residence and William H. Botts of Barren Co., Kentucky.
Complainants [blank] December 1869 were put in possession of land or Lot in Dist. 11, Jackson Co. on bank of Flynns creek... once S. F. Murrays corner with his line, north to T. D. Simpsons old line... mouth of a branch where L. A. McCarvers stable once stood, now near the store occupied by William Cooper... up said creek to Beginning - about one acre.
December 1869 Botts and Haile were both claiming said lot.
Complainant T. C. Settle is the nephew of defendant Haile and his wife Angelie is the niece of defendant Botts.
Said Botts and Haile agreed to relinquish all title and for love & affection by reason of relationship make deed of gift. T. C. Settle furnished material and built a house about 16 x 18 feet worth at least $100... new stone chimney, house recovered and floored, sash & glass in the windows, divers other improvements at least $75 in value... stables and rails... all of improvements worth $200. Rents on land since possession not worth more than $60.
Botts did convey land to said Chilcutt who is now claiming title... violation of their agreement.
9 August 1866 case of W. H. Botts vs Thomas J. Jones & Sampson McClellin title was decreed to Botts. 13 December 1872.
/s/ Tipton C. Settle
ANSWER of W. H. Botts, says complainant Angelina is a daughter of his brother and Tipton C. Settle is the nephew of defendant Haile... denies he ever put complainants in possession of said land under any contract whatever... was willing for them to live in said house, never intended to convey... Does not believe improvements worth the value charged...
Respondent told him to move the little house of [sic; off] the land...
Respondent Chilcutt answering says he had a conversation with A. B. Botts...
Respondents Haile and Botts did try to favor complainants with a place to live for a time. [?] June 1873.
[Note: Gist of this case is surviving heirs of Joel L. Settle, who were minors when their father died, spent their inheritance then felt their father's land and slaves sold too cheap. This is also the clerk who writes and "S" and "L" which look alike; may want to order reel - mlj].
DEPOSITION [No date]:
I was present at the sale of Joel L. Settle's property November term 1840. The tract bid of by Perry Mahaney was not worth $2000 at that time of sale.
The tract bid of by Joel Lynn was worth ____ $800 at the time. I bid for that tract myself.
Joel Lynn and Perry Mahaney were principal bidders for the tract Mahaney bought.
Joel Lynn, Nathan Pharris and myself were principal bidders for the tract Joel Lynn bought.
I live about 1 1/4 mile from the land... same place about 45 years... occupation farmer.
A man by the name of Andrew [later] bought the land bid off by Perry Mahaney... private sale... near $1600 and William Toney bought the same tract at $1600.
The land bid off by Joel Lynn sold since... private sale about $800.
The Plaintiffs [in this suit] were all small children. The youngest Joel S. Settle was about age two the other two Tipton Settle and T. G. Settle and Sydney L. Settle were some older.
There were some slaves... personal property sold after the death of Joel L. Settle and after his wife Jane died which was not more than 18 months or two years apart. The estate was a great deal in debt.
There has been three family [sic] living on the land owning parts it the defendant Elizabeth Pharis cultivate or has a part cultivate she does not live on the land but live adjoining tract.
/s/ E. M. Cason
ANSWER of John M. Gipson to Bill of Complaint of Tipton C. Settle and others. Has heard the deposition of Elizabeth Pharis read and adopts the same. ___ 28, 1859.
[?] BILL OF COMPLAINT [First part missing; Amended Bill filmed later gives parties - mlj]:
... Lands now in possession of Wm Jones Osgatharp and defendants Pharis are the same bought at the fraudulent sale of Joel L. Settle deceased by Joel Lynn & Perry Mahaney.
That in possession of John M. Gipson was purchased at the sale by Wm Putty.
All land sold for less than real value.
Orator believes R. P. Brooks and wife Mary are in possession of negro woman Rachel bought at the sale and Rachels three children.
Defendant McGlasson has in her possession a negro Mariah and her increase.
Defendant Wm R. Kenner has a negro Randle. 12 November 1858.
/s/ Tipton C. Settle, T. G. Settle, ?L. ?C. Settle
DEPOSITIONS 30 Jany 1860.
Denton Moore age 62. Know lands & parties. Knew Joel L. Settle, father of Complainants.
/s/ Denton Moore
Hyram Minor [No age]. Know land in possession of Wm Tony Osgatharp and Pharris from about 1830.
/s/ Hiram Minor
Isaac VanHooser age 65, know land.
/s/ Isaac VanHooser
Arthur West age 55. Knew Scott McGlasson in his lifetime, think he died 10 August 1845. Malinda McGlasson has had possession of the negroes since his death and claimed them. I live about two miles perhaps a little over.
/s/ Arthur West
William H. Moss age 41. Knew Scott McGlasson. He died 10 August 1845. Malinda McGlosson has had possession of negroes. I lived 2 1/2 miles from their land in 1845, now about four miles.
Absolom Pharis age [either 34, 37, or 39]. Nathan Pharis is my father. He bought the land in March 1841, took possession immediately and held til 1852 when he sold it to James Pharis and William Terry and James Pharis' widow and children have been in continuous possession since March 1841. I have lived within one mile for 27 years.
I was present at the sale. Think it sold for $810, was worth $600. I moved on a part of it in 1846 and remained until 1850. I went in under the old man [Nathan Pharis] he paid the taxes and paid a good deal of corn for it.
I went on it to help the old man out of debt. The old man made the deal to James. He went on it in 1852.
/s/ A. Pharris
Peter G. Cox [No age]. Knows land. Think it would have been better for the heirs to keep the land and negroes instead of selling...
Lafayette, Sydney & Tecumseh was all large enough to do good work on the farm. Lafayette the oldest was opposed to the sale of land and negroes... think if they had stayed on the farm would not be a temptation to idleness... think they had spent the estate by the time they came of age.
Ques: Did not Absolom Pharris hold possession of part of the land... and Roy Pharris.
Ans: Absolom Pharis lived on a part... and so did Lroy [sic] Pharis.
/s/ Peter G. Cox
Edward M. Cason about age 55 [Nothing new].
/s/ E. M. Cason
ANSWER of Malinda McGlasson to Bill of Complaint of Joel Settle and Tipton C. Settle and others. Joel L. Settle father of complainants departed life in Jackson Co., TN... owner of slaves Rachel, Mariah, Harriet, Randle, Anderson and Willie and that he left a widow Jane who died a sort time after. Sons Lafayette and Sewel died in 1853 or 1854 without issue.
Peter G. Cox was the administrator of the estate of the said Lafayette W. Settle and that he had been for years dealing for himself and had been 21 years old for many years before his death and that he left a widow surviving him to wit then Jane Settle now the wife of Thomas J. Jones... that the wife of Lafayette Settles will take all the personal property he owned at the time of his death he having died without lawful issue.
As to the ages of Complainants Joel L. Settle's children respondent does not know.
Believes at commencement of her possession both Lafayette and Sydney were over 21.
Respondent states she purchased the negroes Marie and her child Aleck was born prior to 1846 and the others have been born since Sydney was born on the 5 day of March 1846, Benjamin on the 20 Sept 1849, Joel on 6 June 1851. 17 Feb 1857 [or 1859].
/s/ Malinda McGlasson
DEPOSITION 25 June 1859. Questions by defendants Toney, T. H. Osgatharp & Jasper Osgatharp and Elizabeth Pharris and others.
William R. Kenner about age 52.
Was present at the sale... considerable crowd, competition in bidding. I live 3 - 3/12 mile from the land since August 1827. Perry Mahaney bid off the upper part and Joel Lynn the lower.
/s/ W. R. Kinner
GUARDIAN APPOINTMENT: 1st Monday in April 1841... Mounce Gore appointed guardian of Sydney Settle, minor heir of Joel L. Settle, deceased... bond $2000 with Nathan Pharris and Denton Moore security. 5 April 1841.
GUARDIAN APPOINTMENT: 1st Monday in December 1840. Peter G. Cox appointed guardian of Suel [sic; Sewell] Settle and Joel Settle orphans and minor hieres [sic] of Joel L. Settle deceased. Bond $4000 with John M. Gipson and William Gipson security. 7 December 1840.
ANSWER of Elizabeth Pharris guardian for Amanda Jane Pharris, Matilda Pharris to Bill of Complaint of Joel L. Settle and others. Admits she is guardian, relies on defense.
Admits Joel Settle Sen departed life many years since, Jane Settle survived him she is now dead and never remarried after his death. Complainants and Lafayette are the only children living at Joel Settles death. Lafayette and Sewel died without issue.
Elizabeth [her X] Pharris
AMENDED BILL OF COMPLAINT of Sydney L. Settle, Tecumseh G. Settle, Tipton C. Settle and Joel S. Settle to bill heretofore filed against William Toney, William R. Kinner, Malinda McGlasson, Elizabeth Pharris, Amanda Pharris, Hiram Pharris, Lewis Pharris, Nancy Jane Pharris, [Blank] Pharris infant of James Pharis deceased and Elizabeth Pharis, John M. Gipson, Richard P. Brooks and wife Mary Brooks all citizens of Jackson Co., Tennessee.
Complainant Joel S. Settle has arrived at age 21 since filing bill.
Since filing, have learned Elizabeth Pharris, Amana [sic] Pharris, Hiram Pharris, Nancy Jane Pharris and [Blank] Pharris are in possession of a part of land which Orator's father Joel L. Settle died seized and possessed.
About 1840 William R. Kenner represented himself as next friend of Oratrix and their brothers Sewell and Lafayette. Their father died in Jackson County, Tennessee about 1839 or 1840, bequeathed everything to his wife, your Orators mother Jane C. Settle...
ANSWER of William Toney, Tilman I. [or J.] Osgatharpe and Addison Osgatharpe [Nothing new - mlj]. 9 Feb 1859.
Sally A. Cox age 50. I am the aunt of complainants T. G., Tipton C. and S. L. Settle by marriage. I was acquainted with Lafayette he was born June 1824 something like two years difference in the birth of the children.
Tipton C. born 5 or 6 February 1835.
One by name Marshall died he was born between Sidney and T. G. Settle and Sewell Settle also died he was [between] T. G. and Tipton C. Settle.
Ques: Is there a record of births in your possession... Do you not know Sydney L. was born November 1827.
Ans: There was a record in family bible owned by their father... Mounce Gore gave me the bible to keep until the children are 21 years old but Lafayette took the bible. I have seen the record - could not say...
I saw him [Lafayette] from his cradle to his death except what time he was abroad in Missouri.
My son William was born 22 May 1836 and Joel is one year from May until Oct younger than William.
Ques: Has not your husband Peter G. Cox a suit... against T. G. Settle.
Ans: My information from Mr. Cox is there is...
Ques: Is there anything to make [you] recollect Lafayettes age more than the others?
Ans: I can recollect his father and mother married in 1823.
Last time I saw the bible was a few days after Tipton C. was 21... at the house of T. G. Settle. Tipton C. was born Feb 6, 1835... cannot be sure.
/s/ Sally A. Cox
Thomas J. Rose age 51. Knew Scott McGlasson in his lifetime, don't know when he died... my recollection is Aug 1845. Know Mariah and her children. Malinda McGlasson has had possession since the death of her husband Scott.
/s/ Thomas J. Rose
Hiram Minor age 60. Acquainted with the land described in the deed by Nathan Pharis to James Pharis dated 16 March 1852.
/s/ Hiram Minor
Peter G. Cox age 53. I am uncle of complainants and L. W. Settle deceased. My recollection was he was born June 1824... My brother David Cox was born June 1824 and L. W. was born about two weeks before him. Lived about 150 yards from Joel L. Settle when Lafayette was born. I went after the grany [sic; granny, or midwife] and took her to the place where he was born.
I was the guardian of Tipton C. and Joel S. I paid off Joel S. some time last fall after he was 21... last of Oct or first of Nov.
The grany was Abigail Nettles. She is dead. I went for her late in the evening. There was a big storm later than night.
I was born 1807 was a boy just grown up... not 21.. was about 18. My recollection is Lafayette was born 13 June 1824.
["I was a Constable before I was 21" marked through - mlj].
Joel L. Settle married Jane C. Cox in the fall of 1823 and Lafayette was born June afterwards. S. L. Settle was born 1826, Marshall 1828 or 9, T. G. 1831, Sewell V. 1833, Tipton C. about 6 Feb 1835, Joel S. about 29 Oct 1837... best recollection.
About 1845-46 Lafayette was gone to Missouri - here 1841 or 2. 1845-46 Lafayette went with John C. Cox to go to Missouri.
/s/ P. G. Cox
Robert C. Kirkpatrick age 36. William Putty took possession of land in 1840 or 41. I was at the sale... well attended.
/s/ R. C. Kirkpatrick
Joel W. Settle age 40. I know the boy Ran [Randall/Randle] he was owned by Thomas L. Bransford. I think Bransford removed to Kentucky in 1850 and Ran was left with R. M. Kinnard. Kinnaird kept him until he sold him to Doct. Kinner think late part of 1856 or early 57.
/s/ Joel W. Settle
LAST WILL & TESTAMENT of JOEL L. SETTLE
1st ... Sole [sic] to God
Deare [sic] wife Jane during her widowhood... all my real and personal estate and if my Deare wife should marry... a childs part.
Mounce Gore my Executor. This 14 February 1839
s/s/ Joel W. Settle
Wit: Mounce Gore, Merlin Young, Joshua R. Stone, Joel W. Settle, Edwin F. McKinney
DEPOSITIONS 29 June 1859:
Henry Hall about age 72. Know land, both sides Hurricane creek of Roaring River... since 1820 I lived within two miles or less last 20 years. Was not present at sale due to extreme coldness.
/s/ H. Henry Hall
BILL OF COMPLAINT of W. M. Shanks and J. H. Watts of Putnam Co., TN against W. J. Lewis of Jackson County.
W. M. Shanks recovered judgment against W. J. Lewis, Chancery Court at Cookeville $1319.03 on 21 May 1896... some paid, still owes balance...
SHAW, MARTHA, Guardian of SHAW, GEO. W. C. Heirs Chancery 1841
REPORT OF SALE 18 July 1842... Court house door at Gainesboro, exposed land in pretition [sic] to public sale, knocked down to Thackston Carter... high bid $30.
REPORT: Land not susceptible to dividing, that Burchet Shaw, Matilda Shaw and Rebecca ["Rebecca" marked through] ____ ____ ___ dec ___ ___ ___ [A portion written in right margin and up the page, could not decipher]. September Rules 184_.
Wm Q. [or T.] Hughes age 29. Best to sell land.
/s/ W. ? Hughes [Middle initial looks more like "Q" here - mlj]
Christopher Shaw age 23... 100 acres, no improvements... worth $1.00.
/s/ Christopher Shaw
CAUSE HEARD 1 November 1841... land to be sold, minimum price $100.
PETITION: Petr [sic; probably petitioner - mlj] Ridley Roberts, Martha Shaw widow of G. W. C. Shaw, Burchett [or Burdett - mlj] Shaw, Matilda Shaw and Rebecca Shaw manor [sic; probably minor] heirs.
Their father George W. C. Shaw departed life in Jackson County, Tennessee. They are his only heirs he died intestate Martha Shaw their guardian.
Their father and Ridley Roberts were joint owners of a small tract in Jackson Co. on the ridge on the walton road near a place known as Shaws old stand... owing to smallness, being on a ridge scarce of water... best to sell.
BILL OF COMPLAINT of Eliza J. Shepherd widow of James M. Shepherd deceased and the following children of James M. Shepherd to wit Elizabeth J. Oldham a daughter & wife of J. L. Oldham, Ellen M. Loveing a daughter & her husband George B. Loveing, Laura E. Langford and S. [or I.] Langford her husband, and David J. Shepherd of Ellis County, Texas. These are the children and heirs at law of James Shepherd deceased, a brother of David G. Shepherd deceased.
B. A. Shepherd of Houston, Texas a brother of David G. Shepherd.
Also B. J. Farrar of Nashville, Tennessee, Martha B. Shepherd, Thomas Shepherd, Mary L. Farrar and Nancy Perkins, brothers and sisters of David G. Shepherd and Garland Farrar husband of Mary L. Farrar and Joseph Perkins husband of Nancy Perkins all of Virginia. Henry Shepherd of North Carolina.
The heirs at law of Mrs. Sarah R. Baker who was a sister of David G. Shepherd, David S. Baker, Robert Baker and Mildred M. Baker his wife, Mary E. Mansfield and Edward Mansfield her husband. Sarah Ann Loving and [blank] Loving her husband and all of Virginia, her sun [sic] Joseph N. Baker of Missouri.
The said David S. [or A.], Mildred M., Mary E., Sarah Anne and Joseph N. being the suns [sic] and daughters of Sarah R. Baker.
Also the heirs of Augustine Shepherd deceased who was a brother of David G. Shepherd deceased to wit Fred A. Shepherd of Nashville, Tennessee, Kate J. Bennett and her husband [blank] of North Carolina.
Also the heirs of Jesse George Shepherd to wit his widow Mrs. Kate Shepherd and Henry Shepherd her son.
Also the heirs of Joseph H. Shepherd deceased who was a brother of David H. Shepherd deceased to wit Elizabeth A. Shepherd the widow, B. A. Shepherd Jnr, Joseph H. Shepherd Jnr, Anna A. [or S.] Simmons a daughter of Joseph H. Shepherd and her husband Julian A. Simmons, Samuella [? Initial written over; could be C. or E.] Moore and Virgil V. Moore her husband all of Memphis Tennessee against
Kate Shepherd who is a minor of Ellis County Texas and two or three unknown children of Jesse George Shepherd who are minors and live in the State of North Carolina and Charles Frederick Shepherd and Stone Wall Jackson Shepherd of Memphis Tennessee the latter two also minors.
Orators and defendants are the only heirs of David G. Shepherd who recently died in Jackson County, made a Last Will & Testament, named James M. Shepherd Executor but said James M. Shepherd having deceased before the Testator, complainant B. J. Farrar was duly qualified as Administrator with will attached of David G. Shepherd deceased.
Defendant Kate Shepherd is a daughter of James M. Shepherd and is a minor and lives in Ellis Co., TX, no guardian known.
Henry Shepherd is the son of Jesse George Shepherd who is dead and who also had two or three other children.
David G. Shepherd deceased owed but little and personal property will pay debts.
By his will David G. Shepherd bequeathed to his brother James M. Shepherd all lands and improvements which were owned jointly in and within one-half mile of Granville.
At his death David G. Shepherd owned property in Jackson, Smith and perhaps Putnam Counties Tennessee and other counties... following is part.
Tract 1, Smith Co. Dist. 16 waters of Caney Fork described in deed from John Conduit to David G. Shepherd dated Oct 13, 1845, registered 24 August 1846 Book S [or A] page 289.
Tract from George M. McWhirter C & M to David G. Shepherd & James M. Shepherd, 60 acres, deed 5 December 1842, town of Granville, Jackson Co, TN. Parts of this tract have been sold, i.e. Lots 8 & 12 to John J. Kelly on June 12, 1859 and 6 acres and 133 poles to John C. Cooper. Lot 21 sold to John J. Kelly Oct 1, 1866 and 6 acres and 138 poles to John J. Kelly Jan 13, 1866.
Also another tract described in deed from John Hughs [sic; Hughes] to David G. and James M. Shepherd, two tracts of 16 and 4 acres, deed dated April 15, 1854, conveyed by the will.
Also tract conveyed by L. M. Holliman, Susan Holliman and Elizabeth D. Holliman, one acre by deed Nov 2, 1854.
Another tract, 300 acres north side of Cumberland River, Dist. 15 Jackson Co. bounded by B. W. Roberts, Samuel R. N. Daniel and the heirs of James Holliman.
James M. Shepherd appears to be owner of tract, deed from Wm H. Botts to James M. Shepherd deed 24 June 1859 which embraced lands of Matilda Shaw et al sold by court order purchased by James M. Shepherd.
Tract from James Elrod to James M. Shepherd, 75 acres, deed 26 August 1845.
Tract from John Brown to James M. Shepherd, 200 acres, deed registered Book G pages 114 & 115, Jackson Co., TN.
Tract from John Brown to James M. Shepherd, 300 acres, deed September 8, 1858 and recently recorded.
Tract in Dist. 14 Jackson Co. from Edward Jackson to James M. Shepherd, deed Jan 7, 1854.
Tract S. W. Cassetty C & M to D. G. Shepherd, Book J pages 178-9.
Also 200 acres to D. G. Shepherd by John R., Bennett F. and Wm H. Brooks dated September 13, 1850.
Tract from J. C. Apple Sheriff to D. G. Shepherd, Book J pages 178-9.
Two tracts from W. J. Whit?thorne to James M. Shepherd, deed September 3, 1846.
Also Thomas Halliburton to James M. Shepherd, deed July 5, 1845.
Also Wm McCormick to J. M. Shepherd, 70 acres, deed Nov 16, 1844.
Cause of Sarah Holliman vs John P. Holliman, Chancery Court at Gainesboro 22 November 1845, deeded to D. G. Shepherd 83 1/2 acres.
100 acres decreed to D. G. Shepherd by Chancery Court at Gainesboro near the little church at Granville adjacent lands of ?Dick Holliman.
Also land conveyed by George Apple to J. M. Shepherd 44 acres, deed 5 Sept 1842.
Also land whereon Joel P. Holliman deceased once lived adjacent land of Wm Holliman on the south, the heirs of David Halliburton on the west, land of John W. Brooks on north and the Cumberland River on east bought by Joel P. Halliburton of David Huddleston.
Also tract of 124 acres to James M. Shepherd by Spencer Williamson, James Sadler Williamson, J. D. Sanders, Martha M. Sanders and John Hughs [Hughes] in November 1844.
In addition to above, may have had other lands... Is best land be sold for distribution to heirs. 21 March 1871.
REPORT OF SALE, Lots in Town of Granville, Tennessee 18 July 1871.
David H. Armistead, 2 lots between Martins Creek and Water Street.
Wm Holmes, 8 lots on Cherry, Rye & Water St.
John M. Shirley, 2 lots on Water St., 1 on corner Clove & Bluff St.
Samuel K. McDonald, 5 lots on block which Masonic Hall stands.
H. S. Boyd, 1 lot corner of Rye & Line.
D. J. Shepherd, 2 lots between Rye & Walnut.
Alexander A. Duke, 4 joining on Clover, Rye & Walnut.
Mitchell Holliman, 1 on Cumberland River, Martins Ck & Ferry St.
Leroy R. [or B.] Holliman, 1 on Cumberland River, Martin Ck & Ferry St.
Alexander R. Holliman, bounded by Clover, Walnut, Line & Lee
Alexander R. Holliman, also 25 ac adjoining town of Granville, Bank of Cumberland River.
Wm L. Holliman, Town lot on Ferry St.
______ [?faded] Neely, 2 lots Clover [?faded] & tract of 7 acres leading from town of Granville to Smyrna Church... to Mark Holliman's old line now Elizabeth and Susan Holliman's line north to Julian G. Myers line now ?Tittles, west to a sink hole... to Elisabeth & Susan Holliman's line.
W. H. Ragland [No description - mlj]
John J. Kelly, part of lot in Granville known as Shepherds homestead... begin Bluff street, north bank of Martins Creek.
AFFIDAVIT of David J. Shepherd, April term 1871:
David G. Shepherd died without issue, never having married. He left 30 heirs or more.
/s/ David J. Shepherd
ADDITIONAL INVENTORY, 1902, of property of Gabriel Smith, deceased, from a benevolent fraternity or Lodge at Nashville for burial expenses, $15.00.
Land sold to R. H. Dowell [blank amount]
Less: Note to D. J. Shephard, $200
1 Note to E. M. Shepherd, guardian of Emma Smith, $200
1 Note to Alfred Smith $112.50
1 Note to Lee Smith, $112.50.
GUARDIAN SETTLEMENT 18 November 1905, E. M. Shepherd as guardian of Emma Smith (col) December term 1905.
[Included several cancelled checks to ward beginning December 8, 1904 - Oct 8, 1905 for $5 & $10 and one for $11.67, totaling about $100.
SETTLEMENT November term 1906.
D. J. Shepherd recovered judgment against James R. Roberts & H. R. Roberts, levied against land of James Roberts being the Reversionary interest of land in 5th District of Jackson Co. bounded east by Cumberland River, north by D. C. Mainor and Woodard, west by Woodard and south by author [sic; probably Arthur - mlj] Jones and others.
FINAL SETTLEMENT with D. J. Shepherd, Executor of Gabrel Smith deceased 7 Jan 1903... heirs... notified. Recorded Inventory Wills & Admin Settlement Book D page 42... $1249.22... int from Jany 7, 1901 to Jany 7, 1903 of $149.90.
Cash received of R. H. Dowell, land sale $625 Book D page 124.
Rcvd from Mingo Campbell for rent & timber, $30.
Receipt of Lee Smith in full of my interest in the estate of my father Gabrel Smith, deceased.
Receipt of Alfred Smith in full of my interest in the estate of my father Gabrel Smith, deceased.
Receipt from Henry McKinley for board bill for deceased dated 14 March 1902.
Receipt Granville Drug Co., meds, etc. 4 Feby 1901.
Receipt Dr. A. H. King drs bill 18 Feb 1901.
Receipt, taxes 1900.
Receipt of J. C. Clements, crying sale [auction] Dec 21, 1900 [May be best evidence of date of death if no other extant; auction of personal property usually within week or so of death - mlj].
SETTLEMENT 7 January 1903, E. M. Shepherd, guardian of Emma Smith (col.), heir of Gabrel Smith (col).
NOTICE TO APPEAR to William Shepherd on 4th Monday October next and answer bill for divorce. Dated 4th Monday in April 1874.
NOTICE TO SHERIFF: Enjoin William Shepherd from selling... cow & calf, 11 hogs, crops, rifle gun owned by Ormel Hix, household & kitchen furniture.. from collecting $20 owed by James K. Buchanan. 4th Monday in April 1874.
SUMMONS A. Pharris, T. C. Pharris, W. N. Pharris, James Pharris, Sarah Pharris, Arkley Hicks, Ormel Hicks, John Lancaster & Elizabeth Pharris... give depositions [not filmed - mlj].
CAUSE HEARD 29 October 1874... William Shepherd failed to appear... allegations taken as true. Parties to case have a son Daniel Shepherd age 9 years and daughter Ellin Shepherd, age 5 years... owners of following property [same personal property listed in "Notice" - mlj].
Appeared to Court complainant owned more property when they married than both have now... industrious chaste woman.
Bonds of matrimony dissolved, name changed from Polly Shepherd to Polly Hix, she have custody of children Daniel and Ellen Shepherd... she have property except debt due from James K. Buchanan... to be applied to costs.
BILL OF COMPLAINT of Polly Shepherd against William Shepherd, both of Jackson Co. Married in Jackson Co. 1862, lived in Jackson Co. since except one year in Overton Co. It is the second marriage of both Oratrix and Defendant.
Husband Wm Shepherd cruel & inhuman conduct... threw rocks, threatened to take her life, struck on her head. Her first marriage was pleasant... previously filed, dismissed due to persuasions... 3rd time they have separated.
Children Daniel Shepherd 9 years and Ellen 5 years were the only issue of her marriage with defendant... cruel and vulgar to his own children. [Lists personal property - mlj]. Asks custody and personal property, name changed from Polly Shepherd to Polly Hix the name of her first husband... as Polly Hix was always a happier being than Polly Shepherd... 29 September 1874.
Polly [her X] Shepherd
ACCOUNTING OF SALE April term 1873:
July 18, 1872, Wm F. Goolsby, 5 lots in Granville, Lots 69 - 73.
Sept 16, 1872, J. Harrison Eller 6 lots, Granville, 42-44, 51-53.
Oct 25, 1872, Trustees of Methodist Episcopal Church South, Lot 64.
Nov 6, 1872, Oliver P. Burton Lot 45.
Nov 25, 1872, Morris B. Clark, block of 12 lots 74-77; 83-85; 100; 91-94.
Dec 20, 1872, H. H. Lansden 5 lots, 40, 41, 49, 50 [sic]
Feb 14, 1873, Z. Taylor Brown, 15 lots bounded north by Water St, east by Border St, s by Clover St, west by Lee St, 78-82; 86-90; 95-99.
Apr 18, 1872, D. J. Shepherd, 8 lots back of the Methodist church & in the same block.
NOTICE to Mrs. Eliza J. Shepherd, Elizabeth R. Oldham & her husband J. L. Oldham, Ellen M. Loving and husband George R. Loving, L. E. Langford and husband J. L. Langford, heirs at law of James M. Shepherd, deceased. 6 March 1882 will make settlement. Feby 23, 1882.
NOTICE to D. J. Shepherd, Admr of J. M. Shepherd, deceased, appear and make settlement. Feby 6, 1882.
POWER OF ATTORNEY: We H. B. Davis & Edith Oldham Davis his wife do appoint David J. Shepherd of Jackson Co., TN... collect and disburse $40 or $50 now in hands of said Shepherd as Admr of James M. Shepherd deceased, grand father of said Edith Davis who was previous to marriage Edith Oldham. 24 Feby 1898.
/s/ H. B. Davis, s/s Edith Oldham Davis
Acknowledgment by Notary Public in Walker Co., Texas, town of Huntsville, Texas
POWER OF ATTORNEY of Helen Oldham... appoint David J. Shepherd of Jackson Co... distribute about $50... estate of James M. Shepherd. I am the daughter of Elizabeth R. Oldham deceased who was a daughter of James M. Shepherd deceased... entitled through my mother. 8 August 1895.
s/s Helen Oldham
Acknowledgment in Tarrant County, Texas
ANSWER of Mike Shoemake to Bill of Complaint. Admits marriage, denies he was cruel, admits owns property, admits he charged her with adultery with Sam Dowell... suspicious conduct he left her... reconciled, she since confessed to adultery with Sam Dowell, Austin Dowell, Winchester Dowell, Will Otes, Tom Mayberry, Claude Mayberry, Marion Jones... begged his forgiveness.
He has been true. 30 July 1909.
Mike [his X] Shoemake
BILL OF COMPLAINT of Martha Shoemake vs Mike Shoemake. Married some 40 years ago... he was for many years cruel, accused her of adultery... she has been true.
They have eight children all grown and of age. Land 11th Dist bounded north by Henry Pruitt, east by Charley Hopkins, south by Mary Collins and others, west by Marion Mayberry... 130 acres... personal property includes an account against John Shoemake, Henry Shoemake, Ed Mathis; note on Wash Guinn; note on Frank Shoemake... defendant has money pention [sic] $12.00 month from U. S. Government.
[Note: I checked U. S. General Index to Pension Files, Reel 48, Shinkle, E. - Short, J., Library of Congress E495 .P 46 1952. Nearest match I found was Mike Shoemaker who served Co. A, Tennessee Mounted Volunteers, USA, applied Dec 30, 1881, Invalid App 436.417, Cert 653117, applied from Tennessee. No wife listed, as it was not a widow's pension. Other similar names applied from states other than TN or listed a widow if applied from TN - mlj].
Complainant has nothing of her own except a hog given her by her son... she is about 63 years of age, very delicate health... living on farm... asks husband be enjoined from coming around.
Oath of complaint states she has no property from which she can give security. 19 July 1909.
Martha [her X] Shoemake
ANSWER of James W. Draper to Bill of Complaint. True John Lee departed life intestate, that said John Lee was a minor and respondent was his guardian and after his death he was appointed administrator... has in his hands an estate of $203.11. True that Complainant is the grand mother of the deceased. Also true that deceased was illegitimate, has been advised complainant has no right to funds.
Not true that complainant raised said John or made what he had at his death but on the other hand it was derived by the Estates of John Lee deceased and Susannah Lee deceased and his the mother [sic; there's an insertion which makes this unclear - mlj] nearly all of the fund and the balance was acquired by his industry said John lived with his mother until her death which took place some two or three years until his own death - and complainant being old and infirm sought them out and was supported by them until the death of his mother after which John continued to support complainant...
John was subject to fits and supposes he died while in one as he was found dead in the field.
True complainant instituted a suit... denies complainant permitted John to claim property through curtesy; ... denies an attorney was employed by the putative father of said John to prosecute said suit. 13 July 1854.
DEPOSITION 20 January 1855:
Russel M. Kinnaird age 43. ...same Russell M. Kinnard in bill filed by Joel W. Settle, Thomas L. Bransford and Russell M. Kinnard against A. M. Lee & wife.
August 1849 Kinnaird & Bransford purchased of Mrs. Lee her interest in tract on Roaring River for $175... sold at Sheriff sale for the benefit of S. E. Hare for a debt against her husband A. M. Lee and purchased by said Hare who claimed Lee's life estate in the land.
Said land descended to A. M. Lee and wife from Wm Gailbreath the father of Mrs. Lee.
/s/ R. M. Kinnaird
NOTICE TO APPEAR, cause of Agness Lee vs James W. Draper, admr of John Lee, deceased. Summons James W. Draper to appear 2nd Monday in May 1853 and answer plea of Agness Lee. Dated 1st Monday in March 1852.
BILL OF COMPLAINT of Agness Lee by her attorney. John Lee in his lifetime was indebted to Plaintiff for $400, work and labor, materials... agreed to pay plaintiff Agness Lee said sum. 5 July 1852.
BILL OF COMPLAINT of Agness Short against James W. Draper, both of Jackson Co. Some two years ago John Lee departed life in Jackson Co., had personal property of about $300. James W. Draper was his guardian and qualified as his administrator.
John Lee was a minor orphan boy and grand son of hers... Oratrix took said John Lee and raised him from tender years to his death... cooked washed clothed... his mother being dead...
By making proof of her acknowledgment to this effect she was cast in a court of law by defendant Draper. She moved the court for a new trial which was withdrawn by advice of the court and _____ given to sue in Chancery for her demands as the case... property was a court of equity, not of law.
In fact she never ordered the suit... same was instituted by the putative father of said Lee for her use without her knowledge and consent...
Said John Lee was illegitimate... and the money she believes belongs to her as next of kin... her afflicted grand son.
Agness [her X] Short
J. T. Anderson. Was Deputy Clerk & Master in 1881, appointed Commissioner to survey Woodfolk land... case of W. W. Lyon and others against W. W. Woodfolk & others. I think Mary L. Stephens' mother Eliza A. Miller was then living and that Mary L. Stephens' name was not known in it [the case].
Tract 4 of the Woodfolk land was assigned to Eliza Miller.
/s/ J. T. Anderson
SURVEYORS REPORT, cause of Wade W. Lyon vs W. W. Woodfolk showing division of Woodfolk land. Commissioners and surveyor report they have given Martha D. Lyon one-sixth and Campbell Marshall & McEwing one-sixth and John S. Quarles & Wm Woodfolk one-third and Laura Buist one-third of the J. B. [Woodfolk] 1500 acre tract. [Note: Division of Woodfolk lands dealt with extensively on more than one reel - mlj].
DEPOSITIONS 20 November 1908:
R. V. Shoulders age 39, live 14th District, Jackson Co. Knew T. J. Shoulders he was my father, died 13th of last March was two years ago. R. V. Shoulders, H. C. Shoulders, Arsey Shoulders, E. E. Shoulders and Coney Shoulders are his children and heirs. My father T. J. Shoulders bought the S. G. Richardson farm. Deed signed 1 August 1898 from M. L. Sloan - part of the Woodfolk land. D. J. Shephard had come into possession of part and he divided it in small tracts and M. G. [or L.] purchased about 60 acres... this peace [sic] is embraced in the deed together with the S. G. Richardson land... dower of his widow A. A. Richardson.
Uncle Billie Dixon [Note: "Uncle" used here may or may not indicate familial relationship - mlj] showed my father and myself the corner on top of the hill... strikes me it was the first year I lived on the farm - would have been Spring 1899. Mont Sloan, my father and myself was present.
William Dixon was there to point out a corner to the Murphy boys... he met my father, said he would point out the Woodfolk corner... pointed out the rock he said Woodfolks observed as the corner.
Dixon was tolerably old... only a few years before his death... he had been in the neighborhood many years... was a renter of Woodfolk, said he hope [sic; helped - mlj] survey... carried the chain was my recollection.
John Grisham bought his land from Miss Annie Stephens.
RESUMED 24 November 1908.
Ques: When did your father take possession of the Richardson land under his deed from Sloan.
Ans: He took possession July 1st 1899.
Ques: How long has it been since you saw Mrs. Richardson.
Ans: Three or four years.
ADJOURNED to November 26, 1908.
I rented Mrs. Richardson's homestead and dower from her agent John Murphy since my father died. In his lifetime he rented it.
/s/ R. V. Shoulders
George Dixon age 66, live 14th Dist, raised in the neighborhood of the disputed land. Known the land known as Pleasant Kerby tract 15 - 20 years or longer. I never lived on the Richardson land. J. M. Morgan run the line... trying to locate the Kirby line. John S. Quarles, old uncle Billy Dixon and Wm Gore was along is my recollection.
/s/ G. W. Dixon
John Murphy age 34, live 14th Dist., acquainted with Mrs. Angelina Richardson and was acquainted with S. G. Richardson in his lifetime.
Ques: Have you and your mother received any letters from Mrs. Angelina A. Richardson that spoke of the land...
Ans: I have two letters. Mrs. Richardson now lives in Belton, Bell County Texas. She has a life interest in the land. She has been gone from that neighborhood three years or longer... something like 12 - 13 years since she lived on the S. G. Richardson land.
/s/ John Murphy
T. L. Martin, taken at his residence 30 November 1908, age 66. Know the defendant. Was assessor for 14th District two terms, been about 12 years when I first commenced assessing... for eight years.
John N. Grisham bought the land from the Stephens heirs. Annie L. Stephens was one. Grisham never did live on Salt Lick Creek. His two sons lived on Salt Lick Creek on the tract he bought from the Stephens heirs at the forks of the creek. Recollect 82 acres, adjacent S. G. Richardson.
T. L. [his X] Martin
ANSWER of R. V. Shoulders to Bill of Complaint by W. C. Forkum filed 10 March 1908 against R. V. Shoulders & others. Angelina Richardson is the widow of S. G. Richardson deceased, has homestead & dower.
Respondent purchased land from Anna Stephens, who lives in Madison Co., TN, an heir to Woodfork estate on 26 July 1907...
BILL OF COMPLAINT of R. V. Shoulders, H. C. Shoulders, Arza Shoulders, Ethney Shoulders, J. D. Shoulders and Coney Shoulders, last three minors without guardian who sue by their mother Vienna Shoulders of Jackson Co., Tennessee against W. C. Forkum of Jackson County.
Angelina Richardson is owner of life estate in land in Jackson Co. 14th Dist, Salt Lick Creek. Complainants are joint owners in remainder or reversion [Inherit after Angelina Richardson's death - mlj].
D. S. Huffhines age 60, live Bagdad, Tennessee. Known S. G. Richardson land 30 years. S. G. Richardson is dead. He was my father in law. I lived on the S. G. Richardson land 1879 to 1888 or 1890. He used it and cultivated it from 1865 to his death about 1890.
/s/ D. S. Hufhines
W. W. Witcher age 55, live in the Cotton hollow on Salt Lick creek, Jackson Co. Known S. G. Richardson land 30 - 38 years.
/s/ W. W. Witcher
M. L. Sloan age 53. I owned the S. G. Richardson land. Ike Richardson and D. S. Hufhines bid it off and I gave them $50 for their contract - owned it until I sold to T. J. Shoulders about Aug 1898. Deed from Silas C. Cornwell to John Richardson was dated 30 December 1836.
/s/ M. L. Sloan
N. C. Williams. Knew S. G. Richardson in his lifetime. His first wife and my Mother were cousins. I was down at Mr. Richardsons we were going to old Buckeye church he showed me where his corner was, in about 1870. I told it to John Snoddy a cousin of mine about 7 or 8 months ago.
I am now 55... when he showed me the corner we were going to the church & babtising [sic; baptizing - mlj]. Alec Flatt and Billy Dixon showed me the tree [corner].
/s/ N. C. Williams
DEPOSITIONS taken Bagdad, Tennessee 13 October 1908.
J. F. Snoddy, age 59, live near Bagdad. Known S. G. Richardson land since 1872, knew him in his lifetime. He showed me the corner... Sunday in fall of the year at a protracted meeting that was going on at Gladdice school house and he asked me and my wife to go home to dinner... we were a little kinfolks. We had started back to meeting ?at ?night and Uncle Gillespie and me were walking down the road talking and when we got to the place he said John I want to show you something... pointed to what he claimed was a corner... It was while his wife was in Texas and Doo_ e [Looks like "Doode" or "Doobe", could be "Doole" - mlj] Huffins [Hufhines] little girl was doing the cooking. Think it was about three years before old man Richardson died.
/s/ J. F. Snoddy
J. M. Morgan age 74, live 1st District, Jackson Co., occupation Surveyor. Made survey by order of Federal court at Nashville 9 & 10 April 1891, case of H. C. Bates vs E. W. Wilkins, et al. Capt. John Quarles, William Dixon and John Dixon were present.
/s/ J. M. Morgan
B. T. Dycus age 37, live Salt Lick Creek Dist. 14, Jackson Co. I live on the dower portion of S. G. Richardson farm at the lower end... ten years this winter.
B. T. [his X mark] Dycus
W. S. Jackson age 40, live 12th District, occupation Surveyor [Nothing new - mlj].
/s/ W. S. Jackson
Jeff Dixon age 47, live 14th District, know parties, land, was raised in the neighborhood. I have heard my father, Beverly Flatt and Henry Flatt all say the southeast corner of Richardson land... was a stake in the crevis [sic; crevice - mlj] of a rock... east side of the creek.
Ques: State whether you heard a conversation between Tom Martin and Ridley Shoulders.
Ans: I heard Mr. Martin state a few days ago that R. V. Shoulders... [Nothing new - mlj].
Ques: State whether Annie L. Stevens is a daughter of [blank] Miller and inherited the land...
Ans: Yes sir that is my understanding.
/s/ J. B. Dixon
ADJOURNED to Saturday morning 5 Dec 1908:
W. C. Forkum. Bought land from Miss Annie L. Stephens 26 July 1907, don't know where she is... made diligent search.
/s/ W. C. Forkum
LETTER November 18, 1907 from Angelina Richardson to John Murphy:
Ballinger, Runnels Co., Texas, Box 212
"dear boy I was so glad to hear from you... I did not intend to do anything rong [sic; wrong... about renting land]...
I wrote to bother [sic; ?brother] Vance I guess he had not got my letter when he was at your house he certainly got my letter after he was there it is seven miles from here to Ballinger... bad weather... a gloomy day. Bob has to [sic; two] bales of cotton to hall [sic]... would have wrote sooner but was waiting to hear from brother... I wish I could see your sweet little children and hug them all for me love to Vasco Henryetter and those sweet little children you need not show this letter to any person & verg [sic] dont tell any person you got a letter give bro Vance my love & all of the family has Molley got home Abbertine joines me in love to you all.
LETTER July 8, 1907 from Angelina Richardson, Belton, Bell Co., Texas:
Mrs. V. F. Murphy, Defeated, Jackson Co., TN
I do hope Vasco Minney & all of the sick is improving I feel so trouble about them... [Rest concerning property, nothing that would shed light or family relationships - mlj].
Beverly Flatt age 57, live Salt Lick Creek. Father lived there 31 - 32 years ago & I stayed with him. Moved 20 - 25 years ago now live in adjoining 3rd District. Fathers name was Alexander Flatt.
/s/ Beverly Flatt
T. B. Dixon, I will be 80 next Saturday. I live at Gladdice. Been on the land, don't know lines. Known it 70 years or longer, lived 200 - 300 yards. Corner is along by the grave yard. When I first knew the corner George Richardson owned the land. I recon [sic] he is dead he sold to his brother S. G. Richardson.
T. B. [his X mark] Dixon
Addison Dean age ["63" overwritten, looks like changed to "66"; no new information - mlj].
/s/ Addison Dean
ADJOURNED, Resumed "Tomorrow Oct 15, 1908":
Henry Flatt, going on age 52, live 2nd District. Lived in 100 yards of disputed land til age 15. My father had bought a piece of land at a sheriff's sale... we were trying to find the lines... a line was run... Bill Dixon, Father, S. G. Richardson and the best I remember Bill Gore was there... Uncle Bill Dixon carried the chain, some agent for the Woodfolks was there it sorter bears on my mind that it was Bob Cox or Jim Anderson, my younger brother was born in 1875 just after we left there I guess it was about 1873.
The Court made Father a deed... he didn't sell it they lawed him... compromised and father gave it up think to the Bates heirs.
/s/ H. H. Flatt
DEPOSITIONS 30 April 1891:
Jo H. Lynn. Know land, 6th & 8th District, Jackson Co. which J. B. Simcoke died seized and possessed. Don't believe could be partitioned... best to sell. Tract one worth $200, Tract 2 worth $200. Don't think could be divided into six parts without damage to the land. Known it 40 years, lived close 35 years.
/s/ J. H. Lynn
Thomas Scantland. Known land ever since I was acquainted with anything... best to sell... pretty much worn out. Tract 1 worth $150 and Tract 2 worth $300. I paid the taxes 1888 and 1889 as agent of V. B. Simcoke. J. B. Simcoke paid in 1890.
/s/ J. T. Scantland
REPORT OF SALE, cause of J. B. Simcoke, Jas T. Simcoke, Owen R. Simcoke vs V. B. Simcoke, Victoria S. Hill and husband A. J. Hill and Mary B. Skank & husband [blank] Skank. Cause heard 11 September 1891, land ordered sold.
Title to be divested out of Complainants and Defendants and in William Harris the purchaser.
Tract 2 failed to sell known as the Adcock place for want of bidder... be revived and re-advertised.
BILL OF COMPLAINT of J. P. [or B.] Simcoke of Shelby County, Tennessee, James T. Simcoke of the State of California & Owen R. Simcoke of the State of Washington against V. P. Simcoke & Victoria S. Hill and husband A. J. Hill of the State of Indiana and Mary B. Skank and husband [blank] Skank, residence unknown.
James B. Simcoke died intestate in Jackson County 16 August 1888. Complainants and defendants except husband of married women are his only children and heirs... land Jackson Co., TN 1st District on headwaters of Sugar Creek, 113 acres more or less.
Complainants J. B. Simcoke, James T. Simcoke, Owen R. Simcoke and defendants Victoria Hill, Mary B. Skank and V. B. Simcoke are each entitled to one-sixth interest. 28 Feby 1891.
/s/ J. B. Simcoke
JUDGMENT Bank of Tennessee against David & Absolom Johnson and Joseph B. Fitzgerald.
ANSWER of Thomas D. Simpson to Bill of Complaint of Milton Draper against him, Merlin Young and David Johnson [No relationships, business matter].
ANSWER of Milton Draper to Bill of Complaint of Thomas D. Simpson filed against him and David Johnson. True March 1847 the complainant filed his original bill against him.
This respondent married the niece of said David and daughter of said Absolom. Is not true when defendant David Johnson left for Texas he left in the hands of Respondent claims enough to satisfy bank judgment. 24 July 1848.
BILL OF COMPLAINT of Thomas D. Simpson of Jackson Co. against Milton Draper of same and David Johnson of the State of Texas.
Thomas D. Simpson purchased land of defendant David Johnson in Jackson Co., 7 acres more or less, deed registered 22 Jany 1846.
DEPOSITIONS [Relating to improvements on and value of land]:
Thomas J. Jones age 25. States store house and counting room was built on property in dispute before filing of bill.
/s/ Thomas J. Jones
Henry McClendon age 37. /s/ H. H. McClendon
John Wright age 40. /s/ John Wright
John H. Tolbert. /s/ John H. Tolbert
Ben E. Williams. Eaton [his X mark] Williams
DEPOSITIONS 9 July 1857.
Fenton Patterson. Am acquainted with land purchased by Simpson of David Johnson and wife on Flynns Creek... improvements worth $150. I am a regular house carpenter.
/s/ Fenton Patterson
Wm Tolbert. [Value]. /s/ Wm Tolbert
AMENDED BILL OF COMPLAINT of Thomas D. Simpson of Jackson Co. against David Johnson of Texas and Milton Draper of Jackson Co. Orator March 1837 filed Bill of Complaint... against David Johnson and his brother Absolom Johnson and one Joseph B. Fitzgerald Milton Draper married the niece of David and [niece was] daughter of Absolom Johnson... David removed to Texas, left with said Milton cash and notes sufficient to satisfy judgment.
COPY OF DEED: I, Sampson McClelland to George Burton for $109.20 the undivided interest of Daniel Fuquay in tract on ?Finns branch bounded by Woodfolk Duke & Phillips. 11 August 1856.
/s/ Sampson McClelland
Wits: William ______, Jonathan _______
ANSWER of P. H. Burton, Abby Burton ["Levy Burton" marked through - mlj], Lon Witt and wife Nettie Witt, Charles Donaho, Minnie Donaho and Weston Burton to Bill of Complaint of Drury Sircy et al filed April 3, 1905.
Admits Wash Burton died, land descended to his widow Patsy M. Burton.
Heirs are correct except Weston Sircy, deny any heir of that name. Rest of other heirs are correct.
P. H. Burton has been in possession of land since the death of Patsy M. Burton, rented it in 1904 from her, paid in full.
Defendant Weston Burton asks to be made a party that he is a grand son of Wash Burton, deceased.
BILL OF COMPLAINT of Drury Sircey, Henry Brown & wife Alta Brown, Levy Burton and A. M. Carter of Jackson Co., Tennessee and Weston Sircey of the State of Illinois,
_____ Burton, Burford Burton, Murphy Burton of Jackson Co., TN and Nettie Witt and her husband Lon Witt, Charley Donoho, Minnie Donoho, Harley Donoho, Lena Donoho, Cancel Donoho and Callie Pearl Donoho of Macon County, Tennessee and Obby [sic] Burton of Wilson County, Tennessee.
Wash Burton died intestate in Jackson Co., TN several years ago, owner at his death following land... lying in the 14th District of Jackson Co. bounded north by lands of Roland Blaikley; south by Ellis Reese; east by Easton Burton; west by George Lee and perhaps others containing 90 acres more or less.
Said land at death of Wash Burton worth less than $1000, descended to his widow Patsy or Martha Burton as a homestead, who survived him until about April 1904 when she died.
Following are the children, grand children and only heirs at law of Wash Burton decd, to-wit:
Obby Burton a son who lives in Wilson Co., TN,
P. H. Burton a son who lives in Jackson Co., TN,
Robert Burton a son who died after his father and he left surviving him complt Levy Burton, Burford Burton and Murphy Burton his only children and heirs last two minors with no general guardian.
Another son Howard Burton died before his father. He left surviving him Littleton Burton, his son and only heir at law. Littleton Burton is not made a party... 25 March 1905 he sold and conveyed by deed his interest to complt A. M. Carter.
Mary E. Sircey a daughter of Wash Burton decd died before her father. She married Jeff Burton and left surviving her complainant Drury Burton and Weston Sircey [sic; should be Burton - mlj].
Alta a daughter who married Complt Henry Brown.
Thula another daughter married Wade Donoho who died since the death of her father and left surviving her Nettie who intermarried with Lon Witt, and Charles; Minnie, Harley, Lena, Cancel and Callie Pearl Donoho all of whom are minors without general Guardian except Nettie and Charles, and perhaps Minnie. The foregoing are all the Children, Grand child of Wash Burton decd, and his only heirs at law.
Said land is not susceptible of partition among heirs... best interest to sell.
P. H. Burton has been in possession of said land...
The estate of Wash Burton is not indebted.
Drury Sircey, complainant, makes oath foregoing facts... true to the best of his knowledge...
3 April 1905.
/s/ D. W. Sircey
ANSWER of Callie Pearl Donaho, Cancel Donaho, Lena Donaho, Harley Donaho, Minnie Donaho, Burford Burton, Murphy Burton by guardian ad litem John J. Gore.
Admit Wash Burton died intestate in Jackson Co., was owner of lands described.
Admit upon the death of Wash Burtin, lands descended to his widow and she died about the time stated.
Admit lands are now held by the Complainants and the defendants as tenants in comon [sic]....
Admit that P. H. Burton has been in possession of said lands since the death of the homestead tenant; that he is insolvent, and that he should account for rents.
/s/ John J. Gore, as Guardian ad litem for Minor children.
END OF REEL #112.
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