Jackson Co., TN Loose District/Chancery Court Papers Reel #114
Smith - Stafford

Genealogical Abstracts by Mary Lu Johnson

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

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SMITH, M. S. & Others vs JACKSON, R. C. & Others Chancery 1910-1913

[NOTE: This first case is a continuation of the last case on Reel #113 Sircy-Smith, M. - mlj]:

DEPOSITIONS:

Lafayette Walker. Don't know my age exactly. Think I'm about 31 or 32. I am a Minister of the Gospel and farm some. Knew Charlotta Polson fifteen years, last ten I lived within a half mile or less and the rest about five miles. I have worked cultivating her garden and getting wood for her. Mrs. Polson said she had Miss Sarah Jackson hired to cook, clean, milk, churn, wait on her.

Lafayette [his X] Walker

Dolly Roark age 21. I stayed there [with Charlotte Polson] three weeks been something like three years ago. Sarah had had an operation. I was nothing but a child when I stayed there, got $2.00 a week.

Ques: You was the mother of a child at the time you staid [sic] there was you not.

Ans: Yes sir.

Ques: Was you ever married.

Ans: No sir.

Dollie [her X] Rorark

Columbia Dill age 45 or 46, live 1st District, farmer. Lived about 300-400 yards of Charlotte Polson in the year 1911. She had smothering spells, last 2 or 3 days, looked [like] she would die.

Ques: Do you know the character of Rebecca Jones and her son George.

Ans: I could not say anything against George. I would not want Mrs. Jones to swear for me or against me. Sarah Jackson and R. C. Jacksons character are good.

Columbus [his X] Dill

C. V. Murphy (col.). I am 54, live about 1 1/4 mile from Gainesboro since 1883. Knew Charlotte Polson tolerably well. She lived right on the road I travel coming to and going from Gainesboro.

/s/ Calvin Murphy

CROSS-EXAMINATION of Mary Smith 29 March 1913:

You stated in your original exam that three or four days before your mother died, you heard her claim everything about the place, chickens, quilts, sewing machine. Was her mind clear at that time.

Ans: Of a night three or four days before she died when she was full of morphine she was frenzied just for a little bit at a time when she was so full of medicine. She died 29th day of March a year ago today [29 March 1912].

How old was she when she died.

She was about 80 years old I guess. I went to see her two or more times a year. Would have gone more but seemed like my visits were not appreciated. I went to see her three or four times the week before she died... don't recollect spending the night.

Guy Tays had been there getting her some wood.

Ques: I see your name appears in your original deposition as Mary Jackson and you said your name was Mary Smith. Which is correct.

Ans: Mary Smith is my name.

Ques: When did you and M. S. Smith marry.

Ans: We have been married 19 or 20 years.

Ques: Is your first child dead or alive.

Ans: It is dead. If alive it would be 15 or 16.

Ques: Were you married in Jackson Co.

Ans: Yes sir.

Ques: Did you have any children before your marriage.

Ans: Yes sir.

Ques: Were you not in an advanced state of pregnancy when you married.

Ans: No sir I dont think I was the best I remember.

/s/ Mary Smith

Avo Jackson age 15.

Ques: Are you a daughter of Matilda Jackson and John Jackson and a grand daughter of Charlotte Polson.

Ans: Yes sir.

She said she had given everything in her house to Aunt Sarah and her cow to Aunt Alice as a present. I live at Tom and Alice Tayes and have been living there over a year. Before, I was staying home with my father on Mr. Montgomery land - about 3 1/2 or four miles.

Avo [her X] Jackson

Gillum Upchurch age 46, am a farmer, live District 11. Knew Charlotte Polson, lived on her place from Jany to Apr 1912.

G. L. [his X] Upchurch

Perry Polson about age 47. I was Charlotte Polsons son, lived six - seven miles from her. She was pretty feeble. I have been paying a dollar a week and offering $1.50 for some body to stay with my little kids.

Ques: Did you sell your interest in the land.

Yes sir, to J. A. Montgomery for $100. He was at Whitleyville buying stock - him and his son - and we talked the matter over. J. H. Smith brought the deed to me and Mr. M. V. Montgomery met me at Crowders store and brought me the money.

/s/ J. P. Polson


[NEW] SMITH, NANCY & PRICE, HIRAM vs GOAD, JAMES Chancery 1869

[Note: File folder it's "Goad" which is probably correct. Most documents it's "Goard". James Goad is indexed in 1870, living in Gainesboro, Jackson Co. - mlj].

AMENDED BILL OF COMPLAINT of Nancy Smith & Hiram Price against James Goard of the same State and county. They filed a bill 186[blank] in Chancery Court against Wm Pennington and others. They had equitable title to land in Jackson Co. beginning on the corner of a fence near Jefferson Moores line, westwardly to A. Denhams, south to Denhams line... black oak in Whitsons old line to the said Moores line, about 30 acres. James Goard has been cutting and removing timber. 5 Oct 1869.


[NEW] SMITH, SALLIE vs SMITH, W. B. Circuit 1909

BILL OF COMPLAINT of Sallie Smith against William B. Smith. She and defendant married in Jackson Co., TN near 15 years ago... lived happily about three years, he became abusive... About 1906 hit her with a stick and broke her comb and raised a large not [sic; knot - mlj] on her head, often slaped [sic; slapped].... called her a damned bitch and other vile names... rendered it unsafe to cohabit. They own real estate in Jackson Co. 8th District bounded north by Hamilton, east by Hix, south by Mary Roberts, west by Cumberland River... 300 acres more or less, and every dollar was paid by Complainant and not by Defendant [Lists personal property, most of which is hers - mlj].

Five children born as a result of said marriage in her care and control, defendant having left home and not staying there now.

Complainant has some notes for money that she received from her father's estate.

The above is true and to best of my knowledge and belief... complaint not made out of levity or collusion with defendant. Sworn... June 5, 1908.

Sallie [her X] Smith

PROSECUTION BOND: Sallie Smith to W. B. Smith, 23 July 1909. Securities are W. H. Smith, A. A. Stafford

ANSWER of W. B. Smith to Bill of Complaint filed July 22, 1909. Denies he filed a cross-bill, admits drafting one but never gave bond or filed and it is in court only as an answer.

Denies knowingly or maliciously charging her with adultery, but only set forth the circumstance to show this fact without malice... Denies he charged her with a conspiracy to kill him.

AMENDED BILL OF COMPLAINT of Sallie Smith Allegations as charged in amended bill even if true are not grounds for divorce. They reconciled so prior actions forgiven.

Complainant filed her original bill June 4, 1909. He filed answer and cross-bill charging her with adultery with one Charlie Kirkpatrick and having formed a conspiracy to kill complainant. He has gone to various parties and narrated and published these scandalous and ridiculous falsehoods...

Makes oath above is true... not out of levity or collusion.

/s/ Sallie Smith

BILL OF COMPLAINT of Sallie Smith against William B. Smith both of Jackson Co. Married each other 16 years ago, five children of this marriage are Joseph David 15, Della May 11, Finis Herman 8, Carlos Burton about 6, Bessie Myrtle about 3 1/2.

Have been citizens of said county ever since their marriage, lived happily about five years, defendant became fractious, cross... whipped her severely, cursed her...

She has heretofore instituted action for divorce... withdrew same after his importunities and promises. That occurred in Spring of last year... lived as husband and wife until about one week ago he abandoned her and their children.

She and defendant own a tract in 8th District of Jackson Co... bounded by Mary Roberts, Bill Hix, A__ Hamilton and the Cumberland River, estimated 350 acres, conveyed to them jointly by J. W. Williams and wife but every part was paid by proceeds of her father's estate. A portion has been rented out the present year to one Bill Cormack, they to receive half the crop.

Complainant is owner of following: 2 mares, cow and calf, 2 yearlings, 3 sows & 6 pigs, 6 head of sheep, about 5 barrels of corn, 7 gal. lard, 1 barrel of flour and something over two sides of bacon... having purchased herself... also household and kitchen furniture, poultry.

Complainant has two children by a former marriage.

Defendant owns a cross cut saw, two choping [sic] axes, 2 sets of plow gears, 1 plow stock, 2 bull tongue plows and a small turning plow.

Asks divorce, rights of single woman, all of said property as alimony. 2 June 1909.

/s/ Sallie Smith

CAUSE HEARD of Sallie Smith against W. B. Smith. Married in Jackson Co. about 17 years ago - on one occasion since their marriage defendant attempted the life of complainant with a gun... bonds of matrimony dissolved, title to land vested out of defendant and in complainant together with rents for the current year and personal property.

Children to complainant and defendant perpetually enjoined from interfering with the complainant, property or children. Complainant to pay cost.

ANSWER of W. B. Smith... were very poor but lived peaceably and happily for several years... about 3 or 4 years ago she inherited a considerable sum of money from the estate of her father... she became cross... he worked hard... admits the land was paid for from the estate of her father but under the law money coming to her was his. They had bought the land from J. Wint Williams before the death of her father... executed notes and after the death of her father paid for it. Charley Kirkpatrick has been coming around too much, believes he helped her with her suit, believes his wife has committed adultery with Charley Kirkpatrick. July 9, 1909.


[NEW] SMITH, SARAH & Others vs PHILLIPS, MIKE & Others Chancery 1911-1912

DEPOSITIONS:

Mike Phillips. I will be 36 years old the 14 of next September.

Ques: State what relationship you are to Jake Phillips deceast [sic].

Ans: I am his son.

Ques: State what property he gave his children during his life time.

Ans: Sarah Smith, a mare about 20 years ago, a saddle, a cow, bed and bed clothes, $25 cash.

Mary Allen, a mare, cow, saddle, bed & bed clothes.

Mike Phillips myself, a mule, bed & clothing and saddle.

Luther [Phillips] got a saddle.

The children that did not receive anything in the way of advancements was Maggie Phillips.

Ques: Say if your father wanted to make all his children equal.

Ans: I never heard him say but I suppose he did.

Ques: State what your sister Annie got...

Ans: Annie got the exempt property... mare and mule, two cows and calves, ten head of stock hogs, bed and bed clothing. At the death of the father Maggie was 18, Luther 16 and Annie 13.

Comment by: Atty Draper, Guardian for the Allen children: The $25 he gave Mrs. Smith was to pay her expenses to her husband in Missouri.

W. A. Overton. Knew Jake Phillips well in his lifetime.

/s/ W. A. Overton

N. H. Whittaker age 56, farmer, living on Roaring River. Knew J. C. Phillips and the farm in 9th District of Jackson Co. on Roaring River... about 200 acres or more. Do not think land could be partitioned among his children and grand children. Think $2500 would be a fair minimum value.

/s/ N. H. Whitacre

W. A. Overton. Children and grand children of Jake Phillips, deceast were: Sarah Smith; Mike Phillips; Mary Allin deceast who has the following children Escue Allin, Herman Allin, Euless Allin, Sherley Allin; and Maggie Phillips, Luther Phillips and Annie Phillips. The youngest hold the farm until they come of age and it will be seven years before the youngest reaches majority.

/w/ W. A. Overton

PETITION of Sam Hawkins, guardian of Maggie Phillips, Luther Phillips and Annie Phillips.

Maggie will be 21 next June, Luther will be 19 next Sept, Annie will be 16 next Sept. They are children and heirs of Jake Phillips deceased.

Maggie is now in school at Pleasant Hill, Tennessee. I paid $125 to enable her to attend.

Luther was in school at Pleasant Hill, Tennessee in 1911-1912. It took $137 to enable him to attend. Asks to be repaid from their funds. 5 May 1913.

REPORT OF COURT: J. C. Phillips departed life in Jackson Co., TN [blank] 19[blank]. Mike Phillips was appointed administrator. A. M. McCoin, W. C. Masters and T. N. Berry are security.

SALE 25 February 1911 of personal property of J. C. Phillips, deceased. Purchasers were Lee Allen, John Edmonds, John Lee, Sam Hawkins, Andy West, Acy Anderson, Luther Phillips. Total Receipts $105.53.

BILL OF COMPLAINT of Mike Phillips, Admr of J. C. Smith, deceased against Sarah Smith & her husband A. M. Smith of Putnam Co., TN,

Luther Phillips, Maggie Philips and Annie Phillips of Jackson Co, TN,

Escu Allen, Herman Allen, Ulis Allen and Shirley Allen of Overton County, Tennessee,

Joe Hawkins of White County, TN, Charley Allen, Andy Lee, J. K. Ellis, G. W. Gentry, W. K. Hawkins, W. D. McCoin & Co., Terry Martin of Jackson Co., Allen Hawkins of Putnam Co., Murphy & Ward and Pomp Phillips of Overton Co., TN.

J. C. Phillips departed life 30 November 1910 leaving following complainants and defendants his only heirs:

Sarah Smith, Luther Phillips, Maggie Philips and Annie Philips his only children living, and

defendants Escu Allen, Herman Allen, Ulis Allen and Shirley Allen his grand children being the children of Mary Allen a deceased daughter of said J. C. Philips.

Luther, Maggie and Annie Philips are minors and Sam Hawkins is their guardian.

Defendants Escu, Herman, Ulis & Shirley Allen are minors.

Complainant is the administrator.

[Remainder of defendants are Creditors - mlj]. Necessary to sell land and pay debts, distribute remainder to heirs. 12 July 1911.

BILL OF COMPLAINT of Sarah E. Smith and husband Austim [sic; possibly typo, may be "Austin" - mlj] Smith, non-residents of Tennessee and residents of Texas against

Mike Phillips, Maggie Phillips, Luther Phillips and Annie Phillips last three minors represented by Sam Hawkins their regular guardian, and Sam Hawkins, Escue Allen, Herman Allen, Ulesees Allen and Dallas S. Allen the last four minors without guardian, and Lee Allen of Jackson County, TN.

J. C. Phillips died intestate in Jackson County about 1 December 1910... land in Dist 9, Jackson Co. on Spring Creek bounded north by C. C. Allen and Henderson Lee, east by the Lawson heirs and William Lynn, south by Asbury Hamilton, west by J. W. Morgan. J. C. Phillips left no widow.

J. C. Phillips had children:

Complainant Sarah E. Smith, Mike Phillips, Maggie Phillips, Luther Phillips and Annie Phillips and Mary who intermarried with Lee Allen; Mary is dead and left Escue Allen, Herman Allen, Ulesees Allen and Dallas S. Allen as her only children. 4 July 1911.

/s/ Sarah E. Smith, /s/ A. M. Smith

POWER OF ATTORNEY: State of California, County of Los Angeles} I, Escue Allen of Coalinga, California, formerly of Jackson County, appoint my father Lee Allen attorney in fact... sums due me from sale of lands in Chancery Court, Sarah Smith et al vs Mike Phillips et al. 21 Feb 1923.

/s/ Escue Allen

[NEW]


SMITH, SARAH vs SMITH, JAMES Chancery 1898

BILL OF COMPLAINT of Sarah Smith against James Smith. Married Jackson County 189[blank], lived together until she abandoned him.

He recently has been guilty of repeated acts of adultery with Sallie Linville... cruel and inhuman treatment... unsafe to cohabit... struck her with a stick when she was enciente and in feeble health, slapped her and made her nose bleed... and on the day she left him he held her while his sister beat her and pulled her hair. This was about a week ago in the road near their house. On the day she left he told her she should not stay there another night.

Three children from marriage: Verta 5, Harrison 2 and Bransford 5 months [Lists personal property].

... above is true, not made out of levity and collusion with defendant... due to poverty she is unable to bear expense... 28 July 1898.

Sarah [her X] Smith


[NEW] SARAH P. SMITH vs SMITH, JOB M. 1900

[Note: This was in the above Smith v Smith folder, looks like entirely different couple - mlj].

BILL OF COMPLAINT of Sarah P. Smith against Job M. Smith, both of Jackson Co., TN. Married in Jackson County, TN 10 May 1896... willfully abandoned her and took her to her father's two years ago and left her, failed and refused to live with her or to provide... when he first took her to her father's he furnished about 20 lb of meat... furnished her two children one dress each... she is forced to work and support herself and two infant children... he bought her a pair of shoes Spring 1899 and told the merchant Robert Poston he never intended to buy her anything else...

About three years ago when living together as husband and wife he accused her of adultery with one William Ellis a brother in law to Defendant... accusations malicious and false... believes he is frequenting houses of ill fame... believes him guilty of adultery with Florence Burris and Venis Burris.

Two children of their marriage, James Grady age 3 and Ella Maude about age 1.

Makes oath... not out of levity or collusion... 7 March 1900.

/s/ S. P. Smith

SMITH, THOMAS G. vs LAWLESS, THOMAS CIRCUIT 1883

ANSWER to Action of Ejectment. Thomas Lawless is not guilty of unlawfully withholding premises. In January 1883 he was owner of land in fee on Hunters branch... was not in possession of Plaintiff's land.

Plaintiff sues to recover land in Dist. 1, Jackson Co. being Lot 12 of the W. W. Woodfolk land sold under decree, M. H. Howard & others against W. W. Woodfolk & others.

CAUSE HEARD: Judgment for Plaintiff. [Thomas Lawless' boundary line incorrect - mlj].


[NEW] SMITH, THOMAS et al VS SMITH, JOHN et al &

SMITH, JOHN vs SMITH, THOS 1859

[NOTE: Believe part of this case may be on Reel No. 113 - mlj].

BILL OF COMPLAINT of John Smith, Laborn Smith, Margaret Smith, Mary Smith, Joseph Roberts, Benjamin Hanond, John Burroughs, Isaac Hix, Joseph Smith and William Smith of Jackson County against

Thomas H. Smith, Anna Hix, Nancy Roberts, Elizabeth Hanond, Martula Burroughs of the same county & state and the children and heirs of Eli Swearingen of the State of Missouri, defendants.

Several years ago Ezekiel Smith departed life in Jackson County, Tennessee leaving complainants John Smith, Laborn Smith, Margaret Smith, Joseph Smith and defendants Thomas H. Smith, Anna Hix, Nancy Roberts, Elizabeth Hanond, Martula Burroughs and William Smith his only children and heirs at law and Mary Smith his widow.

Complainant Isaac Hix is husband of Anna Hix, Joseph Roberts is husband of Nancy Roberts, Benjamin Hanond is husband of Elizabeth Hanond and John Burroughs is husband of Martula Burroughs.

The said deceased was very little indebted and all debts have been paid. At the time of his death about seventeen years ago, Ezekiel Smith was seized and possessed of about 100 acres more or less shown on Exhibit A [not filmed - mlj] and 25 acres described on Exhibit B [not filmed].

Said deceased purchased of John Smith land on Exhibit B, paid the purchase money. After his death the deed was executed to Mary Smith his widow by John Smith.

After the death of Ezekiel Smith, Mary Smith his widow purchased and paid for with the personal property of said deceased the 80 acre tract described in Exhibit C [not filmed - mlj] from said Eli Swearingin, who is deceased and has no legal representation in this County or State known to Orators. His children and heirs at law whose names are unknown to Orators live in the State of Missouri and title is still in them.

The grant Exhibit D [not filmed - mlj] here filed is the title of said Eli Swearingen to said 80 acres.

Mary widow of deceased Ezekiel Smith has never had dower assigned. She and all the other complainants and defendants are willing that dower be assigned in a 300 acre tract called the ridge tract which she has purchased since his death with his property and effects.

On account of the situation of said land... there being ten heirs of said Smith deceased it is necessary... be sold for distribution among those entitled.

The defendants Nancy Roberts, Elizabeth Hanand, Martula Burroughs and Annie Hix have no separate estate _____ to them. Defendant Anna Hix is about 40 years old, Martula Burroughs is about 22, Elizabeth Hanand is about 38 and Nancy Roberts is about 38, that a guardian ad litem be appointed for defendants Martula Burroughs, Nancy Roberts, Anna Hix and Elizabeth Hanand who are married women - that land described in Exhibits A, B & C be sold for the purpose of distribution... that Dower be laid off to the widow Mary Smith in the ridge tract, that title of the 80 acre tract be divested out of the heirs of Swearingen and properly vested. 6 December 1858.

Isaac [his X] Hix, John [his X] Smith

CAUSE HEARD [Blank] July 1859... land sold, and purchased by Benjamin Hanand. Title vested out of other complainants and defendants as well as heirs of Eli Swearingen, vested into purchaser Benjamin Hanand.


[NEW] SMITH, WINNIE A. vs SMITH, E. O. Chancery 1897

BILL OF COMPLAINT of Winnie A. Smith against E. O. Smith, both of Jackson Co., TN. They married in Jackson County, Tennessee 11 September 1895 ...she was forced to withdraw from his association and embrace and return to her parental roof on 23 June 1897.... cursed and abused... 1896 called her a whore... April 1897 struck her with a riding switch... July 15, 1897 she was begging him for a horse to ride to her father's where she was living at the time, and he struck complainant with a stick and threatened to kill her.

Defendant was guilty of adultery in 1895, 6 and 7 with one Mary T. Lee alias Forkum... woman of lewd habits.

[Lists personal property]... in possession of defendant at his house in the 1st District called the Free State... crop growing on the farm of T. G. Smith in the 1st District, Free State... believes he is attempting to dispose of same to defeat her claim...

Defendant is owner of one-fourth undivided remainder interest at the expiration of the life estate of Thomas G. Smith, land in 1st District of Jackson Co., being Tract 12 of the Woodfolk survey bounded north by Dudney and Montgomery, east by Thomas Lawless, south by C. N. Hawkins, west by J. T. Anderson, 231 3/4 acres being land purchased by Thos G. Smith 10 August 1876 at the sale of the Woodfolk lands... Deed Book F page 125... being a deed made by Thos G. Smith 1 Jany 1894 to the defendant and three other brothers and sisters.

Defendant is owner in fee simple of another tract in 1st District, south bank of Cumberland River just above Brooks Ferry... R. V. Brooks line... McCoin's line with the river to the beginning being land purchased by Agnis P. Smith and Al P. Smith from Wm Stephens, one-half acre more or less being the same conveyed by Agnis P. Smith and Al P. Smith to E. O. Smith 16 April 1897.

Defendant informed Complainant on the 15 July 1897 that he was going to arrange his business and go to Texas. Asks property both real and personal be attached.

Complainant and defendant has one child named Wm Bryant Smith in honor of the great comoner [sic] and free silver leader. Complainant desires custody and control.

Defendant frequently visits Mary T. Lee alias Forkum... spend great sums of money on her... He has begotten a bastard child upon the body of this... his paramour.

Affidavit above is true... owing to poverty cannot bear expense of suit... not made of levity or collusion.

Winnie A. [her X] Smith

PETITION of T. G. Smith, asks to be made defendant cause of Winnie Smith vs E. O. Smith... she filed a bill and asked alimony... attached a great deal of personalty as well as real estate.

Petitioner is the owner of all the property attached, having bought it from defendant E. O. Smith 20 July 1897 at a fair price.

/s/ T. G. Smith


[NEW] SMOTHERMAN, J. L. vs WILLIAMS, GEORGE Chancery 1893

DEPOSITIONS filed Aug 19, 1893:

John A. Dycus age 66. Known lands in complainants bill ever since I can recollect, live about one mile. Willis Cornwell claimed it at my first nowing [sic] and then L. H. McCarver. I suppose J. L. and Luler Smotherman own it at this time.

Ques: Please examine copy of a deed from L. H. McCarver and wife Mary McCarver to Lula McCarver dated 23 April 1879... Is Lula Smotherman the same as Lula McCarver?

Ans: She is.

Ques: Did she marry complainant J. L. Smotherman after the execution of the deed.

Ans: She did.

Jones & White rented the land. The defendant lives in the hollow above the land. Don't think defendant lived there a year. Before that F. M. Morgan lived there, George Williams. Wm Minchey before Morgan.

/s/ J. A. Dycus

Francis Morgan, lawful age. I lived on the land three years. Next was Wm Minchey. I have been close by since the close of the war. There was a path called Moses' path an old negro called Moses would use in going to see his wife. Since Moses died it has been discontinued. I got permission from John McCarver to haul my tobacco through the land.

Francis [his X] Morgan

Francis Cornwell, lawful age. Lived on the land until about 10 or 12 years ago. I am a son of Willis Cornwell. He owned the land. I was borned and raised on it. I last lived there in [18]78 & 9.

Ques: To whom did your father sell said land.

Ans: To my grand father L. H. McCarver

Ques: Do you know anything about the litigation in Sumner Co... Woodfolk did bring a suit against Willis Cornwell about said land.

Ans: ... been so long I don't remember anything about it.

There has been a public passway ever since Shaver G. Richardson has lived there... up the hollow where defendant lives.

/s/ F. A. Cornwell

J. H. White. Acquainted with the land, reside upon and cultivate a part... also Mr. Allen Jones... hold under Mr. Smotherman the complainant... the husband of Complainant Lula Smotherman. They told me to notify people not to pass. John L. McCarver was doing the renting for Smotherman.

/s/ J. H. White

James Draper lawful age. Known land about three years. I live on War Trace and with Jno McCarver, five years next March I reckon.

Ques: Is John McCarver a brother in law of J. L. Smotherman and a brother of Lula Smotherman.

Yes Sir.

James [his X] Draper

Allen Jones. Lived on the land under authority of complainant Smotherman since October or November last year. J. L. McCarver was handing the business, told us to notify people not to go through. Huse White told defendant Geo W. Williams not to go through... George Williams son Jim.

Allen [his X] Jones

R. S. Richardson age 57. Live on adjoining farm where I have lived with the exception of five years. I saw Mr. Jim Williams working the road.

Ques: Is Jim Williams a brother of defendant.

Ans: Yes sir.

... L. H. McCarver the father of complainant Lula...

Ques: How long has there been a settlement in the hollow above said field?

Ans: Five years this winter. William Minchey first settled - Minchey moved from Indian Creek on the east side of War Trace.

/s/ R. S. Richardson

Sanders Sisco. I will be 56 years old February 6, [18]94. Known land 20 years, lived there one year, lived close except 3 or 4 years. It has been 28 years since I lived there.

Sanders [his X] Sisco

DEPOSITIONS filed 18 August 1893:

Henderson Cornwell age 39. I am a son of Willis Cornwell. I was born on said land and lived there until I was 16. I live on Salt Lick about 1 1/2 mile from defendants the way he claims the road runs. It is about 3 miles around the way the public road runs. I am related to Mrs. Smotherman. She is my mother's half sister.

In my grand father's lifetime they used to cross there through grandfather's lot and by John Richardson's. This was when I lived there.

Ques: You say you went to Illinois - how old were you and how long did you stay?

Ans: I went June of the year when I was 16 in April. I stayed there nearly four years.

Henderson [his X] Cornwell

D. J. Shepherd, lawful age. Acquainted with the place where defendant now lives. I sold it to him. I owned land adjoining, sold to Shaver Richardson. I bought it from C. T. Bates and wife, deed 13 March 1885. Sold to defendant Williams 30 September 1892.

/s/ D. G. Shepherd

Howard Minchey age 3[?4 or 7 - smear - mlj]. Lived where defendant now lives, left there something like four years this fall. We traveled the road going up by Shafer Richardson's. When we moved my mother went to Mr. McCarver and got permission to go through their land.

Ques: Do you know who first built and settled where defendant now lives.

Ans: My father did, about five years ago... under David J. Shepherd. William Minchy was my father. He is dead. My mother is living. She is living on waters of Indian Creek.

/s/ J. H. Minchey

John L. McCarver, I am now 27 years old. I am a son of Logan H. McCarver and brother of Lula Smotherman. Known land since I can remember. It belonged to my father Logan H. McCarver. Think he died January 1886. My mother... was my sister's guardian. My brother in law is J. L. Smotherman and am a brother to his wife.

/s/ J. L. McCarver

George Dixon age 50. I was born and mostly raised in one-fourth mile of said land. There has been a road running up from War Trace Creek to defendant Geo Williams' house and over the hill to Salt Lick and used by the public. When I lived in the hollow, Willis Cornwell had a crib in the hollow where George Williams now lives and kept hogs up in there... Willis Cornwell hauled timber up and down the hollow. He was a carpenter.

/s/ G. W. Dixon

Hyram Taylor age 35. I worked for L. H. McCarver three years in his lifetime. It has been about eight years... made draw bars to keep the stock out. People were tearing down the fences.

Hyram [his X] Taylor

Sallie Flatt. I will be 62 years old tomorrow. I have lived within five miles of the lands except six months I lived in Macon Co.

Ques: Have you frequently traveled over the road from War Trace Creek to where defendant George Williams lives?

Ans: I have not for the past seven or eight years since I have got so old. When I was about eight years old me and my mother traveled said road ever time she wanted to come over to this side.

Ques: Give the names of all the persons you have seen travel said road besides yourself and your mother.

Ans: Brother John Dixon and his wife, Warren Dixon and his wife and a good many I don't recollect. Most of them that I knowed of was my connection... have heard of others.

Sallie [her X] Flatt

W. H. Huffhines age 43. Known the place since the fall of 1865. I lived adjoining five or six years. Lived at the head of a hollow above J. A. Dycus two or three years... lived where James Williams now lives... moved to where F. M. Price now lives then I went to Illinois and lived eleven months. I moved back and moved to Woods mill one-half mile of the land, lived close ever since.

During my boyhood I used to travel the road up the hollow and go over to the Church called Buckeye Church.

Lived on the Kelly place where James Williams now lives.

/s/ W. H. Hufhines

J. W. Morgan age 57. Known lands 35 - 40 years, lived within three or four miles. Past three years I lived adjoining.

/s/ J. W. Morgan

BILL OF COMPLAINT of Lula Smotherman and husband J. L. Smotherman of Smith County, Tennessee against George W. Williams of Jackson County. Lula Smotherman has been owner of the tract conveyed by her father Logan H. McCarver 23 April 1879... George W. Williams has entered on same... cutting trees... 3rd District... begin Wartrace Creek, cave in bluff where Frances Cornwell lived in April 1879... top of the ridge to Joel Richardson's line... being the old Samuel Hannah tract of land south and west of the main creek bounded east by the creek and west by Woodfolk land now the line between complainant and defendant... J. A. Dycus land... lands of L. H. McCarver now [belonging to] Mary N. McCarver... 300 acres more or less. 26 Feby 1902.

DEPOSITION of J. H. Howell age 48. Live Highland on War Trace Creek. Known the land since 1860, lived within one-half to eight miles all the time. Hauled logs from said hollow down the road to Wartrace... the first logs were hauled by me, John Linder and Dick Forkum. The first was 17 years ago. Willis Cornwell claimed it. It was in litigation between Woodfolk and Cornwell. Cornwell lives in Clay County. Francis and Henderson Cornwell, sons of Willis Cornwell were raised there... gentlemen of high character.

Francis Cornwell married and left the farm eight years before his father moved off. He came back after his father left and lived there two years. Henderson Cornwell went to Illinois and stayed one year and then come back and married and left before his father left.

/s/ J. G. Howell

DEED: Logan H. McCarver and wife Mary McCarver... natural love and affection for our daughter Lula McCarver... all the old Samuel Hanner tract... Civil District 3, Jackson County, Tennessee... L. H. McCarver the right to manage until she becomes of age. 23 April 1879.

DEPOSITIONS:

W. T. Veach age ?52, am a blacksmith, live about 1 1/4 miles.

/s/ W. T. Veach

Joel Richardson. I will be 75 years old 28 October next. Known the farm since I was a small boy. Cultivated where Shaver Richardson lives. This was somewhere in [18]40. No road, there was a way that people travelled [sic] on foot and a horse in high water.

/s/ Joel Richardson


[NEW] SNEED, ELIZABETH vs DRAPER, JAMES Chancery 1872

BILL OF COMPLAINT of Elizabeth Sneed and her six children Seeley Sneed 18, Wm H. Sneed 16, James A. Sneed 14, Elisa J. Sneed 12, Celina E. Sneed 10, Sampson A. Sneed 6 by next friend Anderson Sneed the husband of Elizabeth Sneed and the farther [sic] of Seeley, Wm, James A., Elisa J., Celina E., and Sampson A. Sneed all of Jackson Co., TN.

Oritrix [sic] and her husband owned a homestead in Jackson County, Tennessee on Jennings Creek... Jane Clarks south boundary... with her line to John _ Green's... to John M. Clark's... 25 acres more or less, the old Anderson Sneed place.

[Blank] 1872 defendant James Draper fraudulently pretended to by [sic] said land of oriter [sic] Anderson Sneed... Oritrix did not join in the sale or in the deed... was opposed to same and never relinquished her claim... oriter had an aflicted [sic] sun [sic] and had been a number of years... my sun [sic] was in such a condition that I could not well leave him to attend to the suit. My sun [sic] died in a very short time after Draper percured [sic; procured - mlj] me to make him a deed... co-complainant never agreed to let Draper have the land. Draper paid a fine mare which he offers to return if they get land back... writer is a very pore [sic; poor - mlj] man and cannot bear the expense of this suit.

Oritrix has been in poor health... feeble. Defendant James Draper had Oritrix to attend a trial 25 June 1872 a distance of 12 - 14 miles on the oppisite [sic] side of Cumberland River... mountainous road... James Draper obtained a writ of unlawful detainer... man named Montgomery cited Oritor and Oratrix to trial on 4 July 1872. 9 July 1872.

Anderson [his X] Sneed /s/ R. V. Brooks, Solicitor for Complainant


[NEW] SNEED, JOHN, Guardian of JONES, JAMES County 1873

SETTLEMENT: James Jones, minor heir of Henry Jones, deceased 1st Monday in February 1873. Due ward - rent of land 1871 and 1872.

SETTLEMENT: 1st Monday in November 1880 with John Sneed, guardian of James Jones a Lunatic. Receipt of John A. Dycus for boarding, clothing and taking care of ward year 1879. $46.88 1/2 .

SETTLEMENT: 1st Monday in September 1874 with John Jones, guardian of James Jones, Lunatic. Heir of Henry Jones deceased. Rent of land 1873 and 1874, boarding and clothing Lunatic at $31.50 per year.


[NEW] SNEED, JOHN vs SLOAN, EVALINE, et al Chancery 1900

BILL OF COMPLAINT of John Sneed of Jackson County, Tennessee against Evaline Sloan and husband John Sloan, James Sneed and Tom Sneed of Jackson County, William Sneed of the State of Kentucky and Mary Sneed of parts unknown.

William Sneed died in the Spring 1888 seized and possessed of real estate in the 3rd District, Jackson Co., TN on the East fork of Wartrace Creek... begin at a stake in Mary Sneed's old tract thence east with Mary Sneeds line to Sirilda Richardson's line to the top of the mill stone ridge... bounded west by A. J. Davenport old place, north by McDowell old place, east by land of Sirilda Richardson, Martin Witcher and the old Richard Minchey farm, south by the Mary Sneed old farm being 150 acres more or less.

The said William Sneed deceased had the following lawful children:

(1) John Sneed (2) James Sneed (3) Evaline Sloan (4) Tom Sneed (5) Mariah Wood who sold her interest in said land to James Sneed all of whom are living and

(6) Henry Sneed who died before his father leaving as his only heirs Mary Sneed and William Sneed who are parties to this suit.

Land is not suitable for partition among the heirs. James Sneed and Dock Sloan are now in possession.


[NEW] SPEAKMAN, THOMAS et ux vs SPIVEY, WM et al Chancery 1888

ORAL TESTIMONY [No signatures, no date]:

Spencer Walker. I made the deed to complainant Mary Speakman. I bought the land from John Moss. I never knew any of the boundaries. I understood the beginning corner was at the mouth of Lock's Branch. I always claimed the extent of boundaries in Grant No. 9393.

Thomas Speakman. I am the husband of Mary Speakman. She is the owner. She and I have lived, claimed and controled [sic] the place ever since Spencer Walker made the deed. I never knew the boundaries.

PETITION of Thomas Speakman, who states since filing this bill defendant William Spivey has been cutting timber and laying waste... asks he be enjoined.

PETITION TO REHEAR. Grant as surveyed by E. L. Jackson covers land in dispute and also land in deed from Spencer Walker to Mary Speakman. This is erroneous.

DEPOSITIONS 5 August 1891:

J. P. Howel [Howell] age 63. Know land in dispute. I lived there about seven years. James Gorden [Gordon] my brother in law occupied and owned it at the time I lived there. I was along when the line was run. Davy Buchanan was and I think William Moss. I know the place John McDowell owned and the same where Stephens formerly lived two or three years. My father lived there after Stephens. It was since the war my father lived there three years. Both Stephens and my father lived there under James W. Draper.

Harvey Crowder age 64. Know parties and land. Didn't know Edward Kirkpatrick in his lifetime, heard of the 100 acre entry in his name.

Ques: Did you know the land once owned by Philip Crowder.

Ans: He owned the land M. N. Crowder now lives on... commenced on the upper side of Lock's branch. I owned land at one time... beginning on the bank of the river and bank of Lock's Branch...

Albert Kirkpatrick owned part of the Philip Crowder tract.

James Spivee owns that part I formerly owned.

Thomas Speakman said his wife has 50 acres. Spence Walker showed it to me when he owned and also Rube Emberton when he owned.

/s/ Harvy Crowder

T. S. Fisher age 58. Known Thomas Speakman about twelve years - lived below him about three years, was about one mile.

T. G. [his X] Fisher [Note: Clearly looks like "S" at beginning, clearly "G" at bottom - mlj].

M. N. Crowder age 57. Know parties. Saw the land surveyed. Thomas Speakman showed me his land about eight years ago - 50 acres. I was at the trial between Thomas Speakman and wife against Spivey - David R. Buchanan testified. He is now dead.

I owned the land adjacent to and above Lock's Branch. I sold it to Jonas Spivey - up to the conditional corner made by Philip Crowder and Harvey Crowder.

M. N. [his X] Crowder

Thomas Speakman age 69, live Jackson County, am a farmer.

Ques: Do you know the land Walker in Grant No. 9393 date 16 November 1847 granted to John H. Hutcheson, John M. Smith and Johnson Hutcheson, assignee of J. H. Hutcheson.

Ans: Yes. In 1854 or 55 I bought the land from Spence Walker who made a deed to my wife. Deeds and tax receipts burned when my house was burned in 1866 or 1867.

We gave a deed in trust to James Wilmore. James W. Draper husband of defendant Elender Draper wrote it. The land was surveyed by Wm Gore. Wesley Smith and Bish Crowder carried the chain. The grant above my land is based on Entry 1122, Grant 9387.

DEPOSITIONS 16 August 1890:

Spencer Walker age 56. I bought land from John Moss and conveyed it to Mary Speakman.

/s/ Spencer Walker

Wm Gore age 66. Am a practical surveyor. I was along when E. L. Jackson surveyed it the other day. Bish Crowder and Wesley Smith carried chains. Others along were one or two of the Crowders, Wm Spivey, the widow Draper part of the time, George Birdwell, Joseph Hix... too numerous - think 25 or 30 persons. Think he run a line that divided Norris Crowder and Thomas Speakman.

/s/ Wm Gore

Thomas Speakman age 69. Philip and Harvy Crowder owned about half of the upper Hutcheson tract, Entry 1122, before I bought it from Sam Smith. I proposed to sell the land to Norris Crowder and to Beason.

Thomas [his X] Speakman

John H. Denton. Known the land all my life say 40 years. The first survey was made when I was 20 or 22 years old. I am near 56 years old. D. R. Buchanan was along the first time. Also my father, John McDowell, Wm Hawkins and James W. Draper.

Last survey, myself, James A. Anderson, T. B. Anderson, Brice Botts and Dent Moore was along.

/s/ J. H. Denton

Wm Speakman. Thomas Speakman and Mary Speakman signed a deed of trust to B. G. Keeling to pay debts.

/s/ Wm Speakman

BILL OF COMPLAINT of Thomas Speakman and wife Mary Speakman of Jackson County, Tennessee against William Spivey, Elender Draper, Spencer Walker of Jackson County, Tennessee, the heirs of Jno H. Hutcherson, Jno M. Smith, Johnson Hutcherson and Jno Moss, residence unknown, all non-residents of Tennessee.

[Bill reiterated material gleaned from depositions; boundary dispute, no relationships given - mlj].


[NEW] SPENCER, R. F. & WIFE vs PURCELL, WM C. et al Chancery 1870

[Note: Descendants/Researchers are encouraged to go to the microfilm. The way it is written was very confusing to me, with no punctuation, names running together - mlj].

BILL OF COMPLAINT of Elizabeth Dixon, James Dixon, Amanda ["Dixon" marked through - mlj] Simpson, Joseph Simpson, Berry Holt, Nancy Holt, Salima Spencer and R. F. Spencer against

Polly Jackson, Job Jackson, John Dixon, Tandy Dixon, Jackson McKinis, Bill McKinis, Victoria McKinis and Elizabeth McKinis, William C. Purcell [and] Rebecca Purcell his wife, Betsy Hancock, Nancy Dixon, Lydia Hancock, Margra _____, John Dixon, Matilda Speakman, hears [sic] of Polly Dycus defendants.

John Dixon deceased departed life in Jackson County about August 1857 in Jackson County, had living at his decease nine or ten children to wit

Rebecca now wife of W. C. Purcell,

Elizabeth who married John Hancock and lives in Ark,

Nancy married Wm P. Dixon and lives in Ark,

Lydia married Abner Hancock who moved west and died leaving heirs

Margara who married [Blank],

John Dixon who lived and died in Ark leaving children,

Matilda Dixon married Robert Speakman and who lived in Mississippi and died leaving heirs

Polly married Elvy Dycus also a non resident and

William J. Dixon resides in Cumberland County KY who was the husband of Elizabeth Dixon one of the Plaintiffs in this cause and the father of the Plaintiff hereinbefore designated and is also the father of Polly Jackson, John Dixon, Tandy Dixon and the wife of Jackson McKinis who are made defendants herein.

John Dixon deceased who was the father of Wm J. Dixon deceased died seized and possessed in fee simple land in Jackson County, Tennessee on Jennings Creek.

1st Tract to said John Dixon by Grant ?6514 for 35 acres dated 30 Nov 1838... begin at a stake in the line... John Dixon now lives... including two Spring old house which Larry Price lived on the 8 Jany 1831

also 250 acres... Potter tract... nearly east of the improvement whor [sic] Samuel C. Cornwell lived in 1832... dividing line between L. Dixon and James White and B. F. Young... including land L. Dixon purchased of John Jones it being the same tract where L. Dixon lived in 1832 it being 201 1/2 acres, being half a tract conveyed to John Jones by Thomas Potter 25 August 1811 - During the lifetime of John Dixon deceased Wm C. Purcell claims to have purchased and paid for (& Plaintiffs neither admit nor deny) a part of above land... adjacent the land of David Griffith... run with the line formerly belonged to Samuel DeWitt... between Dixon and Dewitt now Furgusons and Willmores...

John Dixon left a widow [Looks like "Levy" could be "Lizzy" or "Livy" - mlj] and she was alive 7 January 1861 on which day Wm C. Purcell and wife Rebeca [sic] and Abijah Dixon filed their bill against Uriah Davis and wife and others heirs at law of John Dixon praying for a sale of the lands except that which his widow had been endowed... cannot give the precise boundaries of the dower tract... records have been destroyed... The widow died about ten years ago and defendant William C. Purcell has been in possession... that he bought two-thirds of the land owned by John Dixon at a sale made by Chancery Court order May 1861. The one-third laid off to the widow has never been disposed of... asks it be sold and proceeds distributed.

DEPOSITION: M. G. Butler. Know land - about 150 acres, once owned by my father. Think there is a spring near the line, may be on adjoining land belonging to heirs of James Pharris deceased..

/s/ Mounce G. Butler

LAND SALE REPORT 5 June 1871... Elizabeth Dixon became the purchaser... 75 acres more or less, being highest bid at $1669.

DEED from Samuel Griffith and William Morrell to William J. Dixon, 500 acre survey dated 27 April 1837 per Grant 5872 on the north side of Cumberland River, waters of Jennings Creek and Sa_ _ _[possibly Salt Lick - mlj] Branch and Jennings Branch and Locks Branch... begin William Morrels east boundary... James Nealey's... John H. Hutchesons...

/s/ S. C. Griffith, /s/ William Morrell

BOND: Sallie McKinnis Attorney in Fact for W. C. McKinnis guardian of Jackson [G. or P.] McKinnis, Lizzie V. McKinnis, Mary McKinnis, Bill McKinnis and Sallie McKinnis Jr... bond of $300... for amount of fund of $150 in his hand going to W. C. McKinnis as Guardian. [Note: Very confusing, but Sallie McKinnis, possibly mother of minor children, may have posted a bond of $300 to get $150 advance on what may be due them from the estate - mlj].


[NEW] SPIVEY, B. C. Guardian of SPIVEY, SHIRLEY County 1915

[NOTE: There was very little on this case; no indication as to whether Shirley was male/female, who parents were. There was a sum of $500 on which interest was paid of about $15.50 - likely annually. After deducting clerk's fees of $3.00, the balance was allowed the guardian for upkeep of ward. Settlements Filmed: 15 May 1912, 7 March 1915, 14 April 1913, 1 March 1916 - mlj].


[NEW] SPIVEY, D. C. et al vs SPIVEY, W. C. et al Chancery 1904

AFFIDAVIT of W. C. Spivey and Melvina Spivey, State of Tennessee, Clay County} Make oath in due form of law that a note given April 4, 1896 for $75 by H. H. Spivey deceased and secured by William Spivey deceased and D. C. Spivey and made to Bank of Gainesboro was paid to said Wm Spivey by H. H. Spivey prior to their deaths. 28 August 1915.

/s/ W. C. Spivey, /s/ Melvina Spivey

AFFIDAVIT State of Tennessee, Clay County} W. C. Spivey ["and wife R. C. Spivey" marked through], Belle Harlin and husband W. A. Harlin, Becca Carter and husband Sylvanus Carter, R. R. Spivey and Nettie Spivey... if sued on a note given by H. H. Spivey payable to William Spivey they will plead the same out of date, being dated 1 October 1889. 28 August 1905.

/s/ W. C. Spivey, Becca Carter, S. Carter, Belle Harlin, W. A. Harlin, R. R. Spivey, Nettie Spivey

DECREE OF SALE:

Cause of D. C. Sircey, Adeline Spivey, Haywood Spivey, Wilburn Spivey, Addy West, William West, Mary L. Smith, Burris Smith, Belle Harlan, W. A. Harlan, Cicero Spivey, Radford Spivey, Nettie Spivey, Becky Carter and Sylvanus Carter against

W. C. Spivey, Angeletta Jenkins, Joe Jenkins, Dillard Gentry, Laura B. Gentry, Verdie Anderson, Harve Anderson, Artemis Gentry, Merlin Gentry and William Gentry, minors by their guardian William Gentry [Did not specify who were the minors - mlj].

Title to be divested out of Complainants and Defendants mentioned in pleadings and in purchaser Haywood Spivey. 10 March 1905.

DEPOSITIONS 18 Nov 1904: [The following witnesses, no ages given, stated they knew William Spivey in his lifetime, owned land on Riley and Hensley Creek, best to sell - mlj]:

J. W. Sisco, /s/ J. W. Sisco

Crater Lee, /s/ Craty Lee

Drury Hix, /s/ D. B. Hix

CLERK & MASTER'S REPORT 18 November 1908:

There were eight original heirs of William Spivey, two of whom are dead.

1. D. C. Spivey

2. W. C. Spivey sold his interest to Complainant Adaline Spivey, widow of deceased.

3. Haywood Spivey

4. Wilburn Spivey

5. Addy West

6. Artemis Gentry

7. Ham Spivey who is dead and Belle Harland, Cicero Spivey, Verdie Anderson, Radford Spivey, Nettie Spivey and Betty Carter are his children.

8. Mrs. [Blank] Gentry another child of William Spivey deceased is dead leaving Mary L. Smith, Angeletta Jenkins, Dillard Gentry and Laura B. Gentry as her children.

BILL OF COMPLAINT of D. C. Spivey, Adeline Spivey, Haywood Spivey, Wilburn Spivey, Addy West and husband William West, Mary L. Smith and husband Burris Smith all of Jackson County, Tennessee,

Belle Harland and husband W. A Harland, Cicero Spivey, Radford Spivey, Netty Spivey, Becky Carter and her husband Sylvanus Carter all of Clay County, Tennessee, against

W. C. Spivey, Angeletta Jenkins and husband Joe Jenkins, Dillard Gentry and Laura B. Gentry of Jackson County, Tennessee,

Verdie Anderson and husband Harve Anderson of the State of Mississippi,

Artemis Gentry and husband Merlin of the State of Kentucky.

William Spivey departed life intestate in Jackson Co., TN [blank] 1904 leaving Adeline Spivey his widow, D. C. Spivey, Haywood Spivey, Wilburn Spivey, Addy West, Artemis Gentry and W. C. Spivey his only living children.

Bell Harland and Cicero Spivey, Verdie Anderson, Radford Spivey, Nettie Spivey and Becky Carter are the only children of Ham Spivey a deceased son of William Spivey deceased, who died before his father.

Mary L. Smith, Angelletta Jenkins, Dillard Gentry and Laura B. Gentry are the only heirs at law of [blank] Gentry who was a daughter of said deceased and died before her father, the last three are minors and William Gentry who is here made guardian and a defendant.

Tract 1, Riley Creek... up the hill and down the hill with J. M. Carnahan's line... J. B. Garrises [or Ganuses] line to the Big Road... with D. B. Hixes line... corner between W. J. Spivey and A. M. Hall... myanders [sic] of the creek, being 60 acres.

2nd... main Hensley Creek... 40 acres more or less.

D. C. Spivey and W. C. Spivey are administrators.

W. C. Spivey has sold and conveyed his one-eighth interest to Adaline Spivey.

RECEIPT: Laura B. Gentry now Laura B. Cassetty... $30 from my mother's estate (Wm Spivey's estate) from William Gentry, guardian. 1 November 1911

/s/ Laura B. Cassetty, /s/ Tomie Cassetty

BILL OF COMPLAINT of D. C. Spivey, Adeline Spivey, Haywood Spivey, Wilburn Spivey, Addy West and husband William, Mary L. Smith and husband Burris Smith all of Jackson County,

Belle Harlon and husband W. A. Harlon, Cicero Spivey, Radford Spivey, Netty Spivey, Becky Carter and husband Sylvanus Carter all of Clay County, Tennessee against

W. C. Spivey, Della Spivey, Angeletta Jenkins and husband Joe Jenkins, Dillard Gentry and Laura B. Gentry of Jackson County, Tennessee,

Verdie Anderson and husband Harve Anderson of the State of Mississippi and

Artemis Gentry and wife Marlin Gentry of the State of Kentucky.

At and for several years before his death William Spivey was old, weak and infirm in body and mind... did not recognize his own children... easily persuaded.

Defendant W. C. Spivey left his home and farm in Gainesboro and went to stay with his father. On 22 April 1904 he procured his father and mother to make a deed to his wife Della a tract of land... 110 acres more or less. A life estate was reserved to said William Spivey and wife Adeline.

Allege fraudulent, should be set aside...


[NEW] SPIVEY, ELIZA JANE vs DAVIDSON, WM et al Chancery 1869

ORDER: It appearing to Court defendants Mary Ann Spivey and Nancy Spivey are minors with no general guardian, Joshua Hale be appointed.

PETITION of William Davidson, one of the defendants in the case of Eliza Jane Spivey and others and the only defendant interested on one side of the cause about the land involved in said cause, the other defendant having the same interest with the Complainants in said cause.

Your petitioner states that the merits of said suit are with him and were not ____ in said trial. In his answer to complainants bill, petitioner understood himself as denying the kinship of complainants and the other defendants to Isaac Spivey who the bill alleges were the only children and heirs at law of Isaac Spivey who was the only heir at law of Mima Spivey, who as the bill alleges had the title bond for said land. Petitioner understood until kinship was proved there was no necessity to prove other facts.

Petitioner alleges he purchased the land in 1847... circuit court sale, said sale was confirmed and he took possession and has had continuous and adverse possession since.

Isaac Spivey the alleged father of complainants lived in the county of Jackson at the time he took possession... knew the fact of his possession and claim. 1 May 1873. /s/ Wm Davidson

CAUSE HEARD: Eliza Jane Spivey and Logan Spivey against Wm Davidson, Mary Ann Spivey, Nancy Spivey 26 May 1875. Complainants bill dismissed and they pay cost. Washburn & Botts, solicitors of defendant Davidson have lien for fees.

DEPOSITIONS 22 October 1873:

B. B. Washburn age 55. I was clerk of the Court November 1846 until about April 1848. David H. Draper, Administrator of Daniel Lee and others filed a bill against Priscilla Lee and others to sell some land and a negro woman to pay debts of his intestate Daniel Lee. In 1847 the court decreed a sale of the land and negroe. Sam E. Stone purchased the negroe and Wm Davidson purchased the land at the price of $50... on Lacy's Branch and at the time called the Shadden tract. Title vested out of heirs of Daniel Lee and into Davidson.

Ques: Did you know the heirs of Daniel Lee.

Ans: I knew some of them, perhaps all. James H. Lee, Lafayette Lee were his sons. Addaville Lee who married David H. Draper and Sarah Lee were his daughters. If he had any other children I do not recall. Priscilla Lee was his widow and was living at that time. They were all made parties to the cause. Lafayette Lee and Sarah Lee were minors. I was appointed guardian ad litem for the minors.

Priscilla Lee had Dower allotted in his home tract on Bullards Creek - but not in that suit. Draper was Administrator of Daniel Lee's estate.

/s/ B. B. Washburn

John Birdwell [blank] years. Am acquainted with the land on Lacy's Branch... two fifty-acre tracts or 100 acres. I was at the sale. Wm Gipson bid it off and Davidson took his bid by his request. It is the same land called the Shadden land. Shadden had bought a still from David Lee and could not pay for it and the land was sold to pay the debt.

Ques: State whether you were well acquainted with Isaac Spivey the reputed father of Complainants Eliza J. Spivey, Logan Spivey and defendants Mary Ann Spivey and Nancy Spivey.

Ans: I was acquainted with Isaac Spivey, the father of the complainants named. I have heard him speak of the land in controversy... said he wished he could or was able to buy it back... that it was Davidson land. I was not in this county at the time of his death but he was living when I left in November 1854. I returned in 1860 he was then dead. He died after Davidson purchased the land but how long I do not know. I had known him 15 or 20 years before I left we were raised together. I lived within one mile of him after he was grown for 15 years he had no education... had tolerable sound mind... there was men that had quicker minds he could take care of himself.

Ques: Say whether you ever saw Logan Spivey say whether or not he has the appearance from his hair color and features of having a mixture of negro blood in him - say whether or not his mother and her husband were both clear blooded whites.

Ans: I have saw Logan Spivey am not acquainted with him much he has the appearance of mixed blood from his color I have heard Isaacks [sic] mother say that she was part portegee [sic].

Ques: Was or not Mima Spivey the grand mother of Logan as dark skin as Logan.

Ans: They were about the same I think. Old Mima was very dark skin very.

Ques: Say whether you were acquainted with Stephen Roberts and his son Rains Roberts in his lifetime.

Ans: I was well acquainted. They are both dead. Stephen died first and Rains Roberts was Stephen's administrator.

Ques: Were you acquainted with Mima Spivy and Robert Shadden and were they married.

Ans: I was well acquainted with both and they were said to have been married. They lived together as man and wife. I am acquainted with Isaac Spivey he was the son of Mima he was borned before Mima married Shadden. He is dead.

Ques: Are you acquainted with Eliza Jane Spivey, Logan Spivey, Mary Ann Spivey and Nancy Spivey?

Ans: I dont know anything about them except Logan.

Ques: State why Rains Roberts made the deed to Mima Spivey instead of Robert Shadden.

Ans: I dont know.

/s/ John Birdwell

William Davidson age 63. I bought the land at public sale in 1847, took possession immediately. Robert Shadden bought the land from Stephen Roberts and after Stephen died Rains Roberts as his administrator made the title to Mima Spivey and her heirs... Stephen Roberts never having made title prior to his death. Myself and William Porter who is now dead witnessed the deed. The land was sold and Lee owned it some time he never did reside on the land Robert Shadden did live on the land.

Ques: Say whether Robert Shadden and his wife Mima are living or dead.

Ans: They are both dead. I expect that Mima died about 1846 and Robert her husband about 1858.

Ques: Did Mima have any children born alive after she married Robert Shadden?

Ans: She did not.

Ques: Is Elizabeth Spivey a daughter of Mima alive or dead.

Ans: Elizabeth is the daughter of Mima. She is dead. She had one child she is dead. Mima had but two children, Isaac and Elizabeth. Both are dead. Logan Spivey a son of Isaac is about 24 or 25 years old.

Ques: After the purchase of the land by Daniel Lee did he put a free negro upon it.

Ans: Harry Carter colored was put on the land by Lee and he lived there a year or two under Lee. Kirby lived on it in 1871 and perhaps 1872 under me.

Isaac Spivey did live in Jackson County after I purchased and took possession. Logan and Eliza Spiva... I have been informed went to Kentucky. They are non-residents of Tennessee.

Ques: Where was Robert Shadden when you bought the land.

Ans: My recollection is that he was in the poor house.

Ques: Did he go from the land to the poorhouse?

Ans: I think he did. He was blind from the first time I ever saw him.

Ques: Was he and Isaac Spivey very poor?

Ans: I have known him 25 - 30 years perhaps longer. They were very poor.

BILL OF COMPLAINT of Logan Spivy and Eliza Jane Spivy of Jackson County, Tennessee against William Davidson and Nancy Spivy.

2 October 1826 Stephen Roberts sold to Mima Spivy land being 50 acres on Lacys branch, water of Flynns Creek... title bond registered 3 Aug 1834 Book D page 492, Jackson Co.

Stephen Roberts departed life, his son Rains Roberts was Administrator. Rains Roberts executed to Mima Spivy a deed. Mima Spivy departed life intestate leaving two children Elizabeth and Isaac, both died intestate. Elizabeth died with no issue. Isaac Spivy's heirs are complainants and defendants. Mary Jane Spivy and Nancy Spivy are minors with no guardian.

Isaac Spivy was of unsound mind and while he was insane William Davidson got into possession of land... continued until his death 10 August 1861.

Complainant Eliza Jane is now 21. Complainants show they and defendants Mary Jane and Nancy Spivy are heirs of said Isaac Spivy and are entitled to said land. 6 December 1869.

Eliza Jane [her X] Spivy, Logan [his X] Spivy

BOND FOR TITLE: For the sum of $100... this 20 October 1826... Stephen Roberts is to make Mima Spivey a warrantied [sic] title to 50 acres on Lacy's branch of Flynn's Creek... to include the Conoway place.

/s/ Stephen Roberts

DECREE 29 April 1873. Mima Spivey died intestate, Logan Spivey, Eliza Jane Spivey, Mary Ann Spivey and Nancy Spivey to be restored to possession [This was reversed in 1875 - mlj].


[NEW] SPIVEY, MARIAH vs SPIVEY, FRANK Chancery 1913

BILL OF COMPLAINT of Mariah Spivey against Frank Spivey both of Jackson Co. Married Jackson County many years ago, together until about three months ago. As a result of their marriage they have three children, all boys the youngest 24. About three months ago he took complainant to Sumner County to their youngest son's with the promise to sell their property and move there. After they got to Sumner Co. he rented a farm, told her to stay there... he did return to Jackson Co. leaving complainant in Sumner Co. She wrote and asked him to come for her, he never answered. He told neighbors he never intended to live with her again... didn't want her head in the hollow.

All her life she has been strong and healthy, worked in the field but for the past 18 months she was unable to work. She is in need... [Lists personal property, asks it be attached]. December 1913.

/s/ Mariah Spivey


[NEW] SPIVA, MARY E. vs SPIVA, WILLIAM Chancery 1880

BILL OF COMPLAINT of Elizabeth Spiva against William Spiva, both of Jackson County. They were married 12 August 1876 in Jackson County... had not been married but a very short time... he became cruel... beat... accused her of being unfaithful... drove her from home. 15 July 1880.

ANSWER of William Spiva. True they intermarried 12 August in Jackson Co. Denies cruelty, was a kind and dutiful husband, denies he made accusations, deserted her. She left saying she would go back to her mother's where she could go dressed like a Lady. Denies he has been unfaithful... denies that he has had criminal connection with Jane Wolf... false and scandalous. Jane Wolf as far as Respondent known is of good character and had married a gentlemen of the name of Thaxten one of Smith Co.'s most esteemed citizens.

Respondent denies he forced her to seek shelter under her father's roof... together but a short time, she abandoned him.

She has been guilty of adultery with Marion Finn and Elisha Smith as he is informed. 27 Sep 1880.

William [his X] Spiva


[NEW] SPIVEY, OLLIE vs SPIVEY, BEDFORD Chancery 1898

PETITION of F. M. Spivey. Ollie Spivey filed for divorce against Bedford Spivey, and attached personal property being a mule and one-fourth interest in corn in the crib of F. M. Spivey. Said corn and mule is his property not Bedford Spivey's and is therefore not subject to attachment.

ANSWER of Bedford Spivey. Admits they married 7 March 1897, deny they lived disagreeably - thought until she left all was peace and harmony. Denies he accused her of being intimate with her brother in law, denies he accused her of being too intimate with other men, denies cruelty, etc.

The mule she states is his and the corn in the barn of his father is the property of Frank Spivey.

BILL OF COMPLAINT of Ollie Spivey of Jackson Co. against Bedford Spivey of Jackson Co. Married 7 March 1897, together until April 1898. Reasonably happy only four months... accused her of misconduct... kicked her... cut her on the hand with his knife, threatened to cut all her things up... taken petitioner's shoes and would not let her wore [sic] them and cut one of them.

Personal property... mule and corn at his father Frank Spivey's.

Swears above is true and not made out of levity or collusion with defendant. Owing to poverty she is unable to bear expense... July 6, 1898.

DEPOSITION 26 August 1898: Neil Davenport age 22. Lived at my father's last year about three miles, now live at ?Fauk Springs. Frank Spivey is owner of the mule. He got it from Newt Forkum's. I took the mule to Kentucky for F. M. Spivey before it was attached.

Ques: Didn't you tell your wife's father that you own the mule attached in this case.

Ans: No.

Ques: Didn't you and George Brotherton talk about the mule being in the divorce case?

Ans: No.

Neil [his X] Davenport


[NEW] SPIVEY, R. F. vs BIRDWELL, G. W. Chancery 1904

BILL OF COMPLAINT of R. F. Spivey and wife Kizzie Spivey who bring this suit by next friend J. B. Walker against G. W. Birdwell, all of Jackson County.

Thomas Speakman owned at his death land in 15th District of Jackson County on the Cumberland River at the mouth of Locks branch where Thomas Speakman lived at his death. Thomas Speakman died Feby 24, 1903. Complainant Kizzie Spiva is now owner of said land she owning one share by inheritance from Thomas Speakman who was her father and the other children transferred their interest to her... she owns the entire tract.

George W. Birdwell some few years ago during the lifetime of Thomas Speakman fraudulently procured Thomas Speakman to execute a deed for a pretended consideration of $200 cash... was not paid. 20 July 1903.


[NEW] SPIVEY, WILLIAM vs DYCUS, ALEXANDER Chancery 1885

REPORT OF SALE: After advertising land, sold 25 April 1887. William Spivey highest bidder at $332... north side Cumberland River... beginning corner of McMillan entry... Backbone Ridge... path comes up from Indian Creek... to the top of the ridge to the land of Elizabeth Hix now owned by John Craighead.

CAUSE HEARD 7 December 1886 of Wm Spiva and wife Adline Spiva against Alexander Dycus, John Dycus, William Dycus, Beverly Dycus and Winnie Dycus... judgment for confessed. Complainants sold to Larkin Dycus the father of defendants in his lifetime and executed deed... tract of land set out in bill. Larkin Dycus is dead and the defendants are his children and only heirs.

ANSWER of John Dycus, William Dycus, Beverly Dycus, Mary Dycus and Winnie Dycus by R. A. Cox, guardian ad litem. Knows nothing of his own knowledge, asks wards be protected.

BILL OF COMPLAINT of William Spiva of Jackson County against Alexander Dycus, John Dycus, Beverly Dycus, Mary Dycus and Winnie Dycus all of Jackson Co. 12 Oct 1883 he sold to William Dycus father of defendants land in 2nd District, Jackson County, Tennessee, being the same land purchased of Thomas Long and wife by Complainant, deed 23 Sep 1875.


[NEW] SPIVEY, W. S. vs RAMSEY, B. D., Admr of DICKENS, RACHEL Circuit 1912

C & M REPORT: 1 July 1912 the Last Will of Rachel Dickens deceased admitted for probate... subscribing witnesses L. B. Kent and J. W. Kent on account of ill health it is inconvenient for them to appear... from the testimony of Jim ?Reed he wrote the will... letters of Administration will issue to Bailey D Ramsey.

LAST WILL & TESTAMENT OF RACHEL DICKENS

I, Rachel Dickens of Jackson County Tennessee widow of Joshua Dickens do make and publish this my Last Will and Testament making void all former wills. My body be interred at the Corinth Church House in Jackson County, Tennessee.

First debts and funeral expenses be paid out of money on hand.

Secondly to W. S. Spiva my son the tract of land i now live upon estimated 36 acres more or less bounded north by Kent south by Kent west by land of J. J. Kent east by W. S. Spiva and one bay horse about eight years old.

Secondly to my daughter Sufronia T. mainondest [sic; "looks like" - mlj] 5 heirs $25 to be equally divided between the 5 children

Third I also will and bequest all of my personal property and money and household and kitchen furniture to my three daughters or bodley [sic] heirs in case they or any of them be dead namly [sic] Mary Butler and Martha Manners and Bell Burton each of them to have equal shear [sic] in said estate also this include all of my sheep and hogs and cattle that i die owner of and if they cannot all of the three daughters cannot divide the estate Satisfactorly [sic] between themselves

over [End of page]

I hereby appoint my esteem neighbor L. B. Kent esq my Executor to pay all of my debt and funerrel [sic] Expincis [sic] out of the money, I have on hand or out of any that may come int [sic] to the hand of my Executor from any Sours [sic] for which I Rachel Di the testator have assigned and Seald [sic] in the presen [sic] of the Subscriber witness this the 13th day February in the year of our lord one thousand nine hundred and Seven (1907). Rachel [her X] Dickens {Seal}

Attest: s/s L. B. Kent, J. W. Kent

Acknowledged: 20 April 1907 by J. L. Hewitt, N. P.

AFFIDAVIT 28 November 1912: We were acquainted with Rachel Dickens. She lived in Jackson County near ?Granville. She is dead. We don't know the exact date. She made a Last Will and Testament, requested us to witness.

/s/ J. W. Kent, L. B. Kent

INVENTORY [Partial only abstracted - mlj] 5 August 1912:

Note on Dave Gilbreath $86.66

Note on Lon Butler $39.00

Note on Tobe Burton 5/22/1909. No good. $25.

Note on E. L. Burton [Several credits given] $72.

3 Accounts on Bud Spivey [Total about $200].

AGREEMENT 23 December 1913: W. S. Spivey of Jackson County, Tennessee party of the 1st part and Mary Butler of Macon County, Tennessee, Belle Burton of Jackson County, Tennessee and Martha Manors of Durant, Oklahoma, heirs of Rachel Dickens deceased.

W. S. Spivey is indebted to heirs of Rachel Dickens deceased for the sum of $93.00 which he will pay to B. D. Ramsey as Administrator as soon as this agreement is duly signed. When this is paid by W. S. Spivey neither or any of them will bring suit for any part or claim.

W. S. [his X] Spivey

Mary [her + mark] Butler

/s/ Belle Burton, /s/ E. S. Burton

Martha [her + mark] Manners Wit: Thos Perry [Not sure which sig he wit - mlj].

Acknowledgment: State of Oklahoma, Bryan County, appeared Martha Manners... she executed same. /s/ Oscar R. Fowler, N. P.

SUMMONS Sina Spivey, Lonzo Spivey, Henry Spivey, Udora Williams to appear at J. D. Smith's store 17 August 1912 to give evidence, cause of B. D. Ramsey Admr of Rachel Dickens deceased vs Bud Spivey.

FINAL SETTLEMENT 14 Dec 1914 with B. D. Ramsey, Admr of Rachel Dickens deceased, Adm Set Book D page 458.

RECEIPT of Mary Finn, purported to be her interest in estate of Rachel Dickens $79.68.

RECEIPT of E. L. Burton, purported to be his interest in estate of Rachel Dickens $79.68.

AMOUNT to be placed Bank of Gainesboro to be paid to Green Thompson for Martha Manners $31.00. /s/ B. D. Ramsey


[NEW] SPRAGUE, FANNIE vs SPRAGUE, E. A. and
GAILBREATH, T. M., Gdn vs WHEELER, BOB & wife Chancery 1913

DEPOSITION 13 November 1915:

T. M. Gailbreath. I am the regular guardian of E. A. Sprague, who was declared of unsound mind. Bob Wheeler told me Sprague owed him for the work he had done in lumber - a house pattern [lumber sufficient to at least frame a house - mlj], and for a trip to Florida for work he had done down there. I went out to settle with Matt Daws and John Bailey Flatt.

After Sprague moved from the Daws place to the Wheelers, Roy Wheeler and wife wanted to make a trade with Bob to buy that land down there for Sprague and his wife.

Ques: In any conversation with Bob Wheeler & his wife or Lane Halfacre... say whether or not the mortgage was executed... on account of keeping Bob out of jail or of his wife being arrested.

Ans: Neither of them said anything about the arrest.

/s/ T. M. Gailbreath

BILL OF COMPLAINT of E. A. Sprague against Bob Wheeler & wife Vallie Wheeler, J. Mat Daws of Putnam County and Lane Halfacre of Jackson County. Petitioner loaned Bob Wheeler $800, Lane Halfacre is security. Before Petitioner came to Tennessee he purchased a tract in Florida agreeing to pay $300. He had paid $200 on same.

Petitioner is old, feeble, not used to forms of conveyances in Tennessee, believes Daws took advantage of him. The said Bob Wheeler is residing out of the State of Tennessee and is residing in Florida. Bob Wheeler owns land in the 7th Dist. of Jackson Co. on the north side of Shepardsville Road bounded by Charles Goodwin, Leroy Wheeler, Frank Bryant and Enoch Ragland, 44 acres more or less including what is known as the Tom Ragland line, being same conveyed to Wheeler by J. H. Davidson & wife.

PETITION May 10, 1915 of T. M. Gailbreath for the protection and interest of his ward it is necessary to take depositions of E. A. Sprague, Jim Flint, Chester Flint, Daniel Walker, Jessie Lee and Mrs. [blank] Jackson and wife [blank] Jackson all of Lee County Florida. In the interest of saving expense, Gailbreath will be in the area May 30, 1915 and will take depositions at that time.

TESTIMONY [No date, possibly oral in court in Gainesboro, Jackson County]:

S. L. Pate. I went to a little place called Philadelphia [Jackson Co.] to see Bob Wheeler about getting mortgages properly executed, met Lane Halfacre and he said Bob Wheeler would be there directly. Bob came, I asked him where his wife was. He said she was down at Mr. Halfacres, that they didn't live together at that time. Bob signed the mortgage and a woman said to be his wife signed it. Bob said he thought he ought to be entitled for a $25 credit for going to Florida and for a house pattern...

Lane Halfacre and Vallie Wheeler were arrested on an attachment from Chancery dated May , 1914.

M. F. Bryant, was 45 the 29th of last Sept, am a farmer, live 7th District, Jackson Co. Contracted to sell Bob Wheeler a tract adjoining Bob Wheeler's land. He was borrowing the $800 from Ed Sprague.

Ques: How far do you live from Bob Wheeler, LeRoy Wheeler, Docia Wheeler, Noah Wheeler, Sherman Halfacre, Milton Halfacre, how long have you known their character...

Ans: I live about one-half mile of LeRoy Wheeler, one-fourth out to where Noah Wheeler lives, suppose two miles to Lane Halfacre, 2 1/2 to Milton Halfacre for 10-12 years. Character not real good. Don't know the character of Mollie Johnson.

Character of Vallie wife of Bob is good so far as I know.

Noah Wheeler is said to be accused of bootlegging.

Ques: You shot at Mark Wheeler son of LeRoy Wheeler did you not.

Ans: No sir.

Ques: You said Joe Wheeler called you a fitified s.o.b. You are fitified aren't you.

Ans: I have been in time. It has been six or seven years last September.

M. F. [his X] Bryant

ADJOURNED to Friday Oct 15, 1915:

D. T. McNabb age 39, live 7th District, farmer. Know Docie Wheeler, Bob Wheeler, Sherman Halfacre, Milton Halfacre, Mollie Johnson. Live about 1 1/4 - 1 1/2 miles. They're a pretty rowdy set.

/s/ D. T. McNabb

John Vantrease age 57. Live 18th District of Putnam Co. Known Mollie Johnson since she was small, live three miles. Character not good.

/s/ John Vantreas

L. W. Goolsby age 42, live Putman Co. Character of Mollie Johnson wife of Louis Johnson not as good as some.

/s/ L. W. Goolsby

John Rogers age 55, live Putnam Co. Character of Mollie Johnson wife of Louis Johnson not as good as some.

/s/ John Rodgers

DEPOSITIONS May 31, 1915:

Chester Flint age 21, live near Buckingham, Lee County Florida in sight of the Sprague place. Wheeler didn't do any work for Sprague when he was down here.

/s/ Chester Flint

Daniel Walker age 40. Live Buckingham, Lee Co., FL. I have lived where I now live since last Sept. Lived in the neighborhood about six years. Bob Wheeler didnt do any work for Sprague when he was here. Worked half a day digging a pit for a boat house for Allen Thomas.

/s/ Daniel Walker

James A. Flint age 45. Am a farmer and stock raiser. Known E. A. Sprague 3 or 4 years. When Bob Wheeler came down here, he didn't do any work for Sprague. Said he was in trouble with a girl up there and he had to come down here a while. His brother wrote & said it was straightened out.

/s/ J. A. Flint

E. A. Sprague age 81. Leave near Buckingham, Lee County, FL, been here bout two months. Before that I stayed at Jackson County.

/s/ E. A. Sprague

ANSWER of E. A. Sprague to Bill of Complaint [of Fannie Sprague] 28 August 1913. Admits married as stated and he was sick at the time. He was confined to bed at the home of complainants father, unable to sit up, hazy recollections. Complainant's brother and other members of the family procured a marriage license... some form of ceremony at 2 o'clock in the morning... respondent had come from Florida for the purpose of visiting complainant, was very sick on arriving at her father's house... Believes that complainant her father and mother and other family members believed he would never recover... concocted a scheme...

Denies he forbade her to go to church... didn't even know she was a member until her bill was filed...

Her brother Bob Wheeler has obtained from respondent $1165, her brothers John and Noah $50, her father Leroy $170.

He did agree that if she should return to him and remain as a wife should, that he would place $1000 in the hands of a friend... accumulating interest which would be for their use during his lifetime and after his death she to get the principal... and he be buried beside his former wife with tombstones like at her grave and before this agreement she deserted him and brought this suit.

The charge he had murdered and robbed a man are untrue...

He was born February 1833 and is now 81. He married in 1857, had ten children nine of whom are living, 6 boys 3 girls. He joined the Federal Army May 1862 as a volunteer in Company I, 3rd Wisconsin Cavalry and served until the close of the war and has an honourable discharge. His wife died in 1911 and was buried in White County, Tennessee. His children all being grown they are scattered off... March 1912 while a widower and lonely he heared [sic] of Complainant and wrote her telling her he was a widower... she immediately answered saying she was the woman he was looking for... Other letters passed... November 1912 he came to her house and the wedding was performed as stated.

[Note: One of the documents mentioned a bank in Ft. Myers, FL - mlj].

[NEW - ?Misfiled] DAVIDSON, J. H. & DAVIS L. S. & STEAKLEY, DOCK vs FLATT, J.B.

BILL OF COMPLAINT of J. H. Davidson. Davidson sold J. B. Flatt land... 12th District Jackson Co. bounded north by land of E. S. Jackson and Walter Medlin, east by Medlin heirs and Larkin Johnson, south by William Brewington, west by J. T. Carter & E. S. [or L.] Jackson, being 60 or more acres more or less... Purchaser executed notes for $500, $250 & $250, all paid except the last which was transferred to Dock Steakley. Remains unpaid.


[NEW] SPRAGUE, FANNIE vs SPRAGUE, E. A. et [Returns to before misfiled doc - mlj].

DEPOSITIONS:

Mrs. Mollie Johnson age 34, live 10th District of Putnam Co. Bob Wheeler is my brother, Fannie Sprague is my sister and E. A. Sprague is my brother in law. Bob Wheeler paid $600 greenbacks about two years ago, along about Christmas. My husband's name is Louis Johnson.

Mollie [her X] Johnson

Mrs. Docie Wheeler age 54, live 7th District, Jackson Co. Bob Wheeler is my son, Ed Sprague is my son in law and Fannie Sprague is my daughter... Roy Wheeler my husband.

Ques: What kin is Sherman & Milton Halfacre, Mollie Johnson and Noah Wheeler to Bob Wheeler.

Ans: Mollie Johnson is his sister, Noah Wheeler is his brother, Sherman and Milton is his brother in laws. He married their sister.

Bob Wheeler paid Sprague $600 he owed.

Ques: Wasn't it all in gold...

Ans: Well he showed me some gold... don't know how much... two years ago in November.

Ques: Did you know Sherman Ipock a notorious bandit and thief that used to be in this county.

Ans: I know a boy named Sherman Ipock - don't know about him being a thief.

Ques: Didn't he stay at your house... evading officers... storing loot

Ans: Him and his wife would stay a night or two from time to time. Don't know about any loot. Him and his wife was there when they came and got him.

Ques: What was his wife's name.

Ans: Daisy. He was a nephew of mine.

Ques: Wasn't your husband implicated in some of his depridations [sic]... and was forced to join the army in the Spanish-American war to keep from going to the penitentiary.

Ans: He joined but he was talking about it two years before he joined. They say he was indicted... I dont know only what they said.

Docie [her X] Wheeler

DEPOSITION of J. H. Davidson, age 48. Live 7th District, Jackson Co., farmer. As a Notary Public, took the acknowledgment of Bob Wheeler and wife Vallie to deed of trust or mortgage at Bill Carrington's store in 12th Dist. Present were Bob and his wife, Lane Halfacre, Bill Carrington and S. L. Pate. It was general talk that [James Bailey] Flatt, [Matt] Daws and Bob had gotten money from Mr. Sprague and given mortgages in a fictitious name.

/s/ J. H. Davidson

BILL OF COMPLAINT of Fannie Sprague of Jackson Co. against E. A. Sprague temporarily residing in Jackson County Tennessee and American National Bank of Sparta, White Co., TN.

She and defendant Sprague married [blank] November 1912 in Jackson County. She is a resident of said county and state, only having been out of the State a short while within the last few months on a visit to Florida. Before marriage, defendant had promised to settle on her $2000 and buy her a tract of land worth at least $2000... instead he has not provided necessaries of life.

At the time of her marriage she was a member of the church... since marriage she has discovered he was an atheist... infidel... she importuned and begged him to allow her to attend church...

He... has declared his intention to go back to Florida and she can go to Hell... he is threatening to buy her some land in the Gulf of Mexico... not inhabited... declares he will find amusement and passtime [sic] in rowing in a boat and fishing in this lonely and desolate place.

Defendant's bank is at Sparta and has on deposit several thousand dollars of defendant's money, asks injunction to keep him from withdrawing same.

She states and will show she has made defendant a faithful and dutiful wife.

Matters and charges true, not made out of levity or collusion with defendant. Owing to poverty she is unable to bear expense of suit. 27 August 1913.

DEMURRER: Respondent is not a resident of the State of Tennessee, only temporarily within limits. As a matter of law the domicile of the wife is the same as the husband... must be resident two whole years before filing.

The promise to settle money and buy land was not in writing.

Alleged cruel and inhumane treatment not couched in the language of statute.

Alleged causes for divorce not set out with circumstances of time and place.

DEPOSITIONS:

Jeff Ragland. Will be 19 years old in March, live 7th District, am a farmer. Not related to parties in suit.

Ques: Dont you know Sherman Halfacre is now under indictment for shooting into Bill Jackson's house.

Ans: I had heard it, didn't know...

I was arrested about two years ago. I drank too much booze and a fellow had me arrested.

/s/ Jeff Ragland

Oliver Davidson age 25, live 7th District, am a clerk in a store and farm some. Know Lane Halfacre, Sherman Halfacre, Docie Wheeler and Vallie Wheeler, lived 3 - 4 miles all my life, not related to them, character good.

/s/ Oliver Davidson

AMENDED BILL OF COMPLAINT of Fanny Sprague against E. A. Sprague and American National Bank of Sparta. Filed original bill 28 August 1913.

E. A. Sprague induced her brother Bob to aid and assist him by giving him $800 [to get her to return to defendant] ... then refused to pay.

Promised to give her a note of $1000 and at death his entire estate if she would return to him.

He has drawn money out of the bank, got together his available property and sent it out of State. 24 October 1913.

Fannie [her X] Sprague

PETITION to have E. A. Sprague of Ivy Gap, Jackson County, Tennessee declared of unsound mind... 12 free holders: R. L. Butler, J. H. Jackson, Noah Chaffin, D. L. Peak, S. H. Carver, W. H. Sadler, H. L. Sadler, J. R. Fox, T. B. Walker, West Stafford, J. H. Smith, W. K. Hawkins... said E. A. Sprague is of unsound mind since October 1, 1913, has a wife, he and wife are living together, she is his only relative in this County. T. M. Gailbreath appointed Guardian. 1 June 1914.

DEPOSITIONS:

Enoch Ragland age 50, live 7th Dist, farm, know parties. /s/ E. C. Ragland

S. Q. Loftis age 35, live 12th Dist., farm, know parties. /s/ S. Q. Loftis

Sherman Halfacre age 27, live 12th Dist. Related to Bob Wheeler and wife. Am a brother to Vallie Wheeler and brother in law to Bob Wheeler.

I did not shoot into Bill Jackson's house. I was home. Papa let Bob and Milton have $50 to go to Florida on.

Sherman [his X] Halfacre

Cowan Brown, will be 52 next Jan 7th. Live 7th Dist., farm. Was Deputy Sheriff of Jackson Co.

/s/ T. C. Brown

J. H. Anderson age 53. Live 7th District, farmer.

Ques: Are you acquainted with Docia Wheeler, Bob Wheeler, Noah Wheeler, Mollie Johnson wife of Louis Johnson, Sherman Halfacre and Milton Halfacre.

Ans: Well acquainted with the Wheelers, knowed since anybody, just know the Halfacres when I see them. Used to know Mollie but she moved out of the neighborhood. Characters are bad.

J. H. [his X] Davidson

W. L. Stout age 48, farmer, live 7th District. /s/ W. L. Stout

H. L. Jackson age 42, live 12th Dist., farmer. Am a brother to W. S. Jackson.

Ques: Lane Halfacre purchased the Matt Daws farm at a time when your brother W. S. wanted to purchase...

Ans: I understand Bill C. wanted to purchase a part of it, a pasture that lay close to him.

Mary Johnson said she had been [to] Mollie Johnson's house and that Neals chickens had come about the house there and she had been killing them and eating them.

Ques: Mary Johnson was a pretty bad character herself wasn't she?

Ans: No sir, if she was I never heard it.

Ques: She is a sister to your wife isn't she.

Ans: Yes sir that's my understanding.

Ques: Have you heard... before Mary Johnson married she lived in open... adultery with Henry Coomer?

Ans: No sir I never heard that.

I have been married 22 or 23 years.

/s/ H. L. Jackson

W. S. Jackson age 47, live 12th District, farmer.

Ques: Didn't you and your brother Fate report Joe Mille [sic] Richmond for making wild cat whiskey?

Ans: I couldn't tell what my brother Fate done. I never reported Joe Miller Richmond or any other man.

I haven't a particle of use for Sherman Halfacre but as far as Lane and the rest... nothing against them... Tommy Halfacre is a son of Lane Halfacre.

Ques: The night that Howard Ragland was shot and killed... I will ask you if Bob Wheeler and Lane Halfacre came up with a lamp while you were searching Howard...

Ans: No sir.

Don't have anything against the Halfacres except Sherman shooting into my house. It is understood in the neighborhood they are bootleggers and the night of the killing of Hyram Ragland and Taylor Stout I said in the presence of them where the killing was done that it was an absolute shame to allow bootleggers to ply their trade and sell to men and let them kill each other.

Sherman Halfacre and Milton Pippin were accused of bootlegging...

/s/ W. S. Johnson

G. S. Neal age 40, live 12th District, farmer [Character testimony - mlj]. /s/ G. S. Neill

Matt Dawes age 51, live Putnam County, farmer [Character - mlj]. Matt [his X] Dawes

John Bailey Flatt. Will be 40 years old the 5th day of next March, live 12th Dist., farmer [Character - mlj]. /s/ J. B. Flatt

Lane Halfacre age 56, live 12th Dist. Vallie Wheeler is my daughter and Bob my son in law.

Ques: Is Mart Wheeler a brother of Bob?

Ans: Yes sir

[Note: This deposition mentions "Uncle Tom", "Uncle Ed" but no last name; also "Joe Hamilton... Uncle Joe" - mlj].

Lane [his X] Halfacre

Vallie Wheeler age 22. I didn't want to sign the mortgage. Mr. Pate told me if I'd sign the mortgage it would keep me out of court.

Vallie [her X] Wheeler


[NEW] SPURLOCK, DRURY A. vs ROLLINS, JOHN Chancery 1870-1874

BILL OF COMPLAINT of Drury A. Spurlock against John Rollins, both of Jackson County, Tennessee. Orator about 1 October 1868 purchased of defendant land being three-fourths acres on big Branch above the house where John Rollins lives. Orator went into possession a short time after he purchased...

DEPOSITIONS 13 June 1873:

G. C. Darwin age 61. Known A. H. Hoover 15 years, live within 1 - 1 1/2 miles. Character not very good for truth and veracity. I have a suit pending against him.

George Darwin is my nephew, Henry Richmond is my brother in law, Thaxton Carter is my brother in law, L. A. McCarver is my 2nd cousin and my son married Joseph Preuitts daughter.

/s/ G. C. Darwin

George Darwin age 28. [Character - mlj]. /s/ G. D. Darwin Jr.

Asa M. Denson age 54. [Character - mlj]. Asa M. [his X] Denson

Drury Spurlock age 45. I had been living where John W. Rollins now lives under a lease. I leased the place from Allen Manear then it was sold and Murray & Botts bought it. I rented from John P. Murray in 1868 or 9. John W. Rolings [sic] then purchased the land. /s/ Drury Spurlock

James C. Carter age 26. Three-fourths acre, not worth over $10. /s/ James C. Carter

ANSWER of John Rollins to Bill of Complaint. Said if possession could be given immediately, agreed Complainant could move on another house on the land.

DEPOSITIONS 14 October 1874:

Joseph A. Prewett age about 51. Acquainted with A. H. Hoover since I was a boy - raised in same neighborhood with him, lived within two miles with the exception of a year or two when A. H. Hoover lived in Missouri before he moved to Jackson County, Tennessee. I moved to Jackson County about 1869, about one-half mile of A. H. Hoover about 12 months, then moved to Ft. Blount Ferry, about two miles.

S. G. Rogers age 45. Known A. H. Hoover ten-eleven years, live within one mile. /s/ S. G. Rogers


[NEW] SPURLOCK, JAMES A. vs GAILBREATH, MARIAH & Others Ch 1854-1876

[Note: There is more on this case, or at least McClendon/McClelland, on other reel(s) - mlj].

ANSWER of James A. Spurlock to Bill of Complaint by Maria Gailbreath against Respondent and others. Admits Susannah McClendon has a life estate in lands and negroes mentioned in Complainant's bill. Susannah for consideration of love and affection conveyed her life estate. Said conveyance was made to hinder collecting a judgment by William B. Campbell, Samuel T. Motley and Calvin W. Jackson recovered against Susannah and Respondent and others 2 July 1857 for $636 and interest obtained on a note or bill of exchange drawn on R. J. C. Gailbreath payable to Campbell, Motley & Jackson and endorsed by Henry H. McClendon, said Susannah and Respondent and one John P. Murray. Henry and Susannah McClendon were prior endorsers. R. J. C. Gailbreath and Henry McClendon are insolvent.

Respondent admits some defendants were non residents and the heirs of George McClendon were minors.

Complainant is the daughter of said Susannah and the wife of R. J. C. Gailbreath. October 3, 1859.

BILL OF COMPLAINT of Robert J. C. Gailbreath and Mariah Gailbreath and Robert W. McClendon, Thomas J. Draper and John P. Murray of Jackson County, Tennessee against

William B. Campbell, Samuel Motley and Calvin W. Jackson of Wilson County, Tennessee and Susannah McClendon of Jackson County and John ?Rogers and wife Elizabeth of ?Franklin County, ?Illinois [writeover] and Thomas Martin and wife Jane of Overton County, Henry McClendon of the State of Texas and Nety McClendon who is of unsound mind of Jackson County, Tennessee.

Jesse McClelland departed life 10 May 1850 having published a Last Will & Testament... all the property to his children, the use of said property was reserved to defendant Susannah McClendon for life, the defendant John Rogers and wife Elizabeth, Thomas Martin and wife Jane and the complainant all the heirs of said Jesse McClendon except Henry McClendon who sold his interest.

BILL OF COMPLAINT of James A. Spurlock of the State of Missouri against Robert J. C. Gailbreath, Maria Gailbreath, Susannah McCllen [sic] and John P. Murray of Jackson County and Thomas Martin and wife Jane Martin of Overton County and Samuel Motley, C. W. Jackson and Wm B. Campbell of Wilson County and Henry H. McCllen, Robert W. McCllen, Charles Wade and wife Polly Wade, John Rogers and wife Elizabeth Rogers and the children of George McCllen deceased, non residents - Defendants. On 2 July 1857 defendants Motley, Campbell and Jackson recovered judgment against Robert J. C. Gailbreath, John P. Murray and Susannah McClelland.

Jesse McCllen departed life in Jackson County several years ago, wife Susannah received a life estate with remainder to her children.

Defendant Susannah has become old and infirm, much involved in debt. Either her death or the sale of her life estate might defeat your Orator in the remedy which he now has.

Defendant Henry H. McCllelen is her son and has sold his interest. Defendants Gailbreath and Martin and Rogers and Wade married daughters of the said Susannah McCllen. Defendant Robert W. McClendon is her son also and has sold his interest and the said George McClendon deceased whose children are defendants was a son of hers also.

BILL OF COMPLAINT of Maria G. Gailbreath wife of R. J. C. Gailbreath by her next friend R. J. C. Gailbreath of Jackson County against Susannah McClendon of Jackson County, Tennessee and James A. Spurlock of Missouria [sic]. July Term 1858, it was decreed to rent land where Susannah McClendon then lived and hire out the negroes belonging to the estate of Jesse McClendon, [to wit] Sam, Mary, Jerry, Maria, William, Nancy, Jessee, Governor, Caroline, Catherine and Malinda. Susannah McClendon has life estate in land bounded by Joshua Hale, T. J. Jones, A. M. Lee, R. P. Brooks and T. J. Gailbreath.


[NEW] SPURLOCK, JAMES A. vs HUFF, NATHAN Chancery 1857

PROSECUTION BOND for $250 from James A. Spurlock and Joseph Hancock to Nathan Huff, 22 December 1857. /s/ James A. Spurlock, Joseph [his X] Hancock

BILL OF COMPLAINT of James A. Spurlock against Nathan Huff, both of Jackson County, TN. Nathan Huff is indebted to him for $250:

Fee, Nathan Huff against Thomas Huddleston in Chancery at Gainesboro about 1853, $30.

Fee, defending suit for perjury, State of Tennessee v Huff, Circuit, about 1853, $50.

Fee, Huff vs Daniel Huddleston for false imprisonment, about 1853, $30.

Orator loaned Huff $20 gold in 1853, Principal and Interest now about $25.

To secure debt, Huff made Orator a deed to land in District 15, Jackson County, Tennessee, about 100 acres. Since deed was made, Nathan Huff owes fee:

State of Tennessee vs Nathan Huff, assault & battery 10 Nov 1853 [No amount].


[NEW] SPURLOCK, JAMES A. vs WASHBURN, B. B. Chancery 1853

DEPOSITIONS 7 January 1854, James A. Spurlock, guardian of minor heirs of William H. and Mary Ann Saller:

Joseph Carner [or Carver] age 59.

Ques: How many children had William H. and Mary A. Saller at their death living, was Wm H. a tailor following his trade for a living, was he subject to military duty.

Ans: They had four children living at the time of their death. Wm H. Saller was a tailor. I dont know about military he was about 36 years of age. I had the care and custody of his property from his death until the sale by Ben B. Washburn. I kept and clothed and fed his children for about five months and three of them up to this time. [Rest missing, including signature page - mlj].

PETITION of James A. Spurlock, guardian of minor heirs of Wm H. and Mary H. [sic] Saller to wit John Henry Mary their only heirs.. all quite young under age 15. J. A. Spurlock is guardian, B. B. Washburn is Administrator. Estate consisted of notes, accounts and property nearly all exempt from execution such as household and kitchen furniture, provisions and wearing clothes.

[1850 Sistler & Assoc. printed Jackson Co. census index lists J117-333:

SALLER, William H. 35, Mary A. 30, John 6, Ovanda 5, Patrek H. 2. TN/TN.


[NEW] SPURLOCK, JAMES R. Admr of STOUT, MARGARETT dec. County 1888

CAUSE HEARD 29 September 1882, Margaret Stout against William Stout. Complainant and defendant were married 17 Jan 1867 in Jackson County, following children issue of marriage: Sidney Lea, Milton Robert, Nettie Mercilly, Adolphus Leroy, Albert Hiden, James Campbell and Mi_ _ _ _ Ella Stout.

Defendant guilty of cruel and inhuman treatment... bonds of matrimony dissolved... Complainant to have custody and control of all children except the oldest boy Sidney Lea... Defendant enjoined from interfering.

SETTLEMENT 12 December 1888. Last settlement made December 12, 1887, recorded W & I Book B pages 411 and 412.


[NEW] SPURLOCK, MARY ANN vs BIRDWELL, MARTHA et al Chancery 1902

BILL OF COMPLAINT of Mary Ann Spurlock by next friend Camiel [sic] Harris and Elizza [sic] Harris of Jackson County, Tennessee against

Martha Birdwell and husband Elmer Birdwell, Rena Proffitt and husband Cicero Proffitt of Putnam Co., TN.

Joe Spurlock deceast [sic] was the former husband of Complainant Elizza and father of Complainant Mary Ann and defendants Martha and Rena. Complainant further states their father and former husband owned land in 7th District below the house of L. C. McNab [sic] now Stout & Whitito [sic]... corner of T. C. Brown's line, northward... line made between J. H. Brown and W. W. Wheeler... W. C. Wheeler's... 80 acres more or less, being same land Joe Spurlock purchased of J. H. Brown.

At the death of Joe Spurlock land descended to the widow and their minor children as homestead.

Complainant states their father and former husband died about eight years ago. Complainant Eliza intermarried with Complainant Camiel Harris. Mary Ann is now ten years old.


[NEW] SPURLOCK, VINA vs SPURLOCK, JAMES Circuit 1903

BILL OF COMPLAINT of Vina Spurlock against James Spurlock. Married in Jackson County 28 July 1901. On 1 May 1902 defendant draw [sic] complainant from the house, said she must get her a house because he did not intend to live with her carried her to her uncles and left her. She has lived with her uncle R. H. Dennis ever since, had to rely on him and what she could earn.

...above is true, not made out of levity or collusion with defendant... owing to poverty she is unable to bear expense. 19 May 1903.

Venia [her X] Spurlock


[NEW] STAFFORD, A. C. vs CHAPMAN, G. W. et al Chancery 1907

DEPOSITIONS 15 June 1907:

Wade Burris. Had a conversation with Martha Harris. She said she paid off the debt of W. T. Bennett to Henderson Young.

/s/ Wade Burris

Dan Allen. [No information - mlj]. /s/ D. B. Allen

Jane Allen. I am the wife of Dan Allen. Jane [her X] Allen

F. M. Harris. [No information - mlj]. F. M. [his X] Harris

BILL OF COMPLAINT of W. T. Bennett of the State of Mississippi against Joel T. Stafford and A. C. Stafford of Jackson County, Tennessee. Orator recovered judgment 9 May 1880 for $53.26 1/2. Defendants are owners of one-third interest each in a farm on Roaring River, 1st District, Jackson County bounded by the River on the north, on west by land formerly owned by S. S. Gray, south and east by land of John Dock Stafford and probably others. Defendants purchased from the heirs of their deceased Sister her interest in the remainder and at the death of defendants Mother Rhoda Stafford the farm is worth more than $3000. At the death of Rhoda Stafford defendants A. C. and Joel will be owners in fee of all of said land.

DEPOSITION: Jesse T. Allen age 61, live 9th District, am a farmer. Robert N. Allen was my father. He is dead. I have known Jones [?Jonas] Reed ever since he was a boy. He is my brother in law. Dan Allen is my brother. Know A. C. Stafford, Henderson Young and Martha Harris.

ANSWER of G. W. Chapman and J. W. Pickett to Bill of Complaint of A. C. Stafford and others. T. J. Stafford departed life in Jackson County, Tennessee many years ago leaving Rhoda Stafford as his widow and complainant A. C. Stafford, Joel T. Stafford and Adaline Stafford as his only children. Dower was assigned to the widow which she occupied up to her death in 1905 and the remainder was partitioned in kind.

A. C. Stafford sold his interest to his mother Rhoda. A. C. and Joel T. purchased the interest of their sister Adeline.

W. T. Bennett obtained a judgment against A. C. and Joel T. Stafford, property sold subject to the life estate of Rhoda Stafford.

ANSWER of Rhoda A. Stafford, Robert Stafford and Maggie Coffee... minors under 21 years by their guardian ad litem G. G. Haile... ask protection of Court.

COMBINED CAUSES: K. J. Stafford, et al vs J. J. Stafford et al and

G. W. Chapman et al vs K. J. Stafford, et al and

A. C. Stafford et al vs G. W. Chapman, et al.

J. T. Stafford Sr. died intestate about 1867 or 8 leaving widow Rhoda and three children, A. C. and J. T. Stafford Jr. and Adaline who intermarried with John Elkins.

Death of Rhoda occurred 5 March 1905.

W. T. Bennett died intestate without issue in the State of Mississippi before the death of Rhoda Stafford. W. H. Young of Jackson County, Tennessee had himself appointed administrator.

Remainder interest had been sold by court to pay debt owed to W. T. Bennett...

F. M. Harris and his wife Martha Harris (Martha Harris being the widow of J. T. Stafford Jr.).

K. J., T. G., Roland B. and Rhoda A. Stafford are the children and issue of the marriage of J. T. Stafford and Martha Harris.

Bertie L. Harris son of said Martha Harris, the issue of her marriage to F. M. Harris.

February 6, 1906, K. J., T. G., Roland B. Stafford and Martha Harris and her husband Marion Harris filed a bill in Chancery against J. J. Stafford, Rhoda A. Stafford, Maggie Coffee and her husband Robert Coffee and Robert L. Stafford... that they, except Joseph Stafford and Robert Coffee are join owners of an undivided two-thirds interest and J. J. Stafford is remaining owner.

J. T. Stafford Jr. was a non compos mentis, unable to act for himself. He died intestate in Jackson County, Tennessee left widow Martha (now Martha Harris) and K. J., T. G., Roland B., Rhoda A., Robert L. Stafford and Maggie Coffee his only children.

W. T. Bennett was an illegitimate [*] and left no lawful heirs.

[* This statement is contradicted by Mrs. M. A. C. Williams in a continuation of this case on Reel #115. "John Bennett was his father and Nancy Bennett was his mother. She was a Holliday before she married" - mlj].

DEPOSITIONS 13 September 1907:

T. D. Burris age 67, live 6th District Jackson County. I have lived in this County all my life.

Ques: Did you know J. T. Babe Stafford in his lifetime?

Ans: I knew J. T. Babe Stafford, we played together, fished together. We went to church together and he used to ride with his sister to keep John Elkins from riding with her. His mind wasn't as sound as some.

T. D. [his X] Burris

W. T. Acre. I was present about 1904 when Marion Harris and wife M. A. Harris purchased the land. /s/ W. T. Acree

J. H. Stafford. I know A. C. Stafford and knew Joel T. Stafford. J. T.'s mind was very weak.

Ques: What is your relationship to A. C. Stafford and other complainants?

Ans: About fourth cousins.

/s/ J. H. Stafford

J. J. Stafford, going on 39 years. I have seen the deed my father gave for his interest. J. T. Stafford has been dead about 18 years.

/s/ J. J. Stafford

[NOTE: Next case is in a new folder, but continues the above - mlj].

Stafford, A. C. et al vs Chapman, G. W. et al & Stafford, A. C. vs Elkins

DEPOSITIONS June 6 & 7, 1907:

R. B. Stafford age 23, live three miles of Gainesboro, am a farmer mostly. I am a son of Martha Harris.

/s/ R. B. Stafford

A. C. Stafford age 61, live Gainesboro. I went security for my brother J. T. Stafford on W. T. Bennett's doctor bill, signed a joint note... Me and my wife separated about ten years ago.

F. M. Harris. Known G. W. Chapman 17 - 18 years, live about one mile.

Martha Harris. Am a party to the suit a defendant and the widow of T. J. [sic] Stafford and the mother of complainants are children of T. J. [sic] Stafford. He died about 19 years ago. He had a very severe spell of fever a short time after we married. Dr. Bennett waited on him.

When he was a boy, or so his mother told mem he was kicked in the head by a horse. After he had the spell of fever he did not seem to have had as strong a mind.

M. A. [her X] Harris

Dan P. Allen. Known A. C. Stafford 30 years.

s/s D. P. Allen

[NOTE: This case continues at beginning of Reel #115 and there is also a case on Reel #115, T. G. Stafford vs J. J. Stafford concerning it. Rhoda Stafford was the proven daughter of Caleb and Nancy Anderson, case on Reel #124 Minerva Wheeler vs Leroy Wheeler - mlj].

END OF REEL #114


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