Jackson Co., TN Loose District/Chancery Court Papers Reel #120
Sutton-Terry

Genealogical Abstracts by Mary Lu Johnson

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

[NEW CASE] JACKSON CO, TENNESSEE CHANCERY COURT 1910-1911

SUTTON, R. W.
vs
PHARRIS, A. J.

Bill of Complaint of R. S. Sutton against A. J. Pharris, both of Jackson Co, TN. Sutton sold Pharris in 5th District a portion of Mrs. Jas. Holleman's farm, lying both sides of Granville and Chestnut Mound Road, bounded north by Holleman heirs and E. M. Kelly, east by G. R. Maddux, south by M. D. Sutton and west by Cumberland River for $6,000. Paid $2300 timely as agreed, check for balance of $3700 refused by Bank of Granville 3 January 1910.

TESTIMONY: C. H. Wetterau, age 29, live 211 Scott Ave, Nashville, occupation Clerk, American National Bank of Nashville as assistant cashier since July 1910. States B. W. Nowlin, former auditor of American National Bank was discharged for improper handling of customer's accounts, went to work for People's Bank of Granville, a correspondent for American National. [Signed] C. H. Wetterau

TESTIMONY: B. W. Nowlin, age 38, live Nashville, was auditor of American National Bank in January 1910. [Signed] B. W. Nowlin

TESTIMONY: W. V. Ort _ _ _, age 33, live Smith Co, TN, occupation farmer, live about 2 1/2 miles from Granville. It's about 24-25 miles from Granville to Cookeville, would take a man about four hours to ride or drive on roads in January. Mail went by train. [Signed] W. V. Awtry

TESTIMONY: Res Eller, age 33, farmer, near Granville. A. J. Pharris went to see about the check after being notified. I remember because I took my wife over there to look after the place.

Question: Are your sympathies with defendant Pharis?

Answer: Sworn to tell the truth...no sympathy for either...want what's right. He [Pharris] is my father in law. [Signed] Ress Eller

TESTIMONY: A. J. Pharris, no age given, stated he had spoken with the Bank of Granville. $3590 in his account, interest was due to be deposited to the account, which would put the balance above $3700. Bank of Granville said they would cover the overdraft if presented prior to interest being posted. [Signed] A. J. Pharris

RESPONDENT'S ANSWER TO BILL OF COMPLAINT: Made settlement 3 January 1910 with R. S. Sutton, who said he had just as soon have a check as cash. Sutton delivered up note to Respondent. Bank of Granville forwarded check to American National of Nashville, which failed to present check in a timely manner to Bank of Cookeville for collection. Bank of Cookeville failed and closed its doors on 8th or 10th of January. He was not notified check did not clear until Jan 24th.

TESTIMONY: W. R. Carlin age 31, live Cookeville, was bookkeeper.

TESTIMONY: W. M. Shanks, was Assistant Cashier, Bank of Cookeville.

TESTIMONY: R. L. Farley, was Cashier, Bank of Cookeville for 15 years. Bank closed Jany 8, was cashier there to Jany 10, 1910.


[NEW CASE] JACKSON CO, TENN CHANCERY COURT 1842[-1890]

SWEARINGIN, MIRANDA
vs
SWEARINGIN, WILLIAM

[Note: Several cases combined in one folder: 1. Bill for divorce a mensa et thoro, or legal separation, from William Swearingin; 2. Settlement of Marinda Swearingin's estate; 3. Indebtedness on note executed by Harriet Swearingin before her marriage; 4. Arbitration arising from assault & battery charge - mlj]

POWER OF ATTORNEY: John Mackie and wife Martha of Dentin [sic - possibly Dent] County, Missouri appoint Henry P. Allen as Power of Attorney, Estate of Maranda P. Swearingin, deceased. 23 October 1890. Ack. by John Chaffin, Clerk, Jackson Co, TN.

John [his X mark] Mackie, Martha [her X mark] Mackie

REPORT OF SALE: 28 July 1883, James W. Stults became purchaser of land belonging to Maranda Swearingin, deceased, for $200.50, two notes on terms.

PETITION TO SELL LAND: Daniel Harley[*] and wife Adaline Harley, Ryan Dyer and wife Nancy R. Dyer, James Stults and wife Elizabeth Stults, John Allen and wife Eliza Allen, Thos Swearingen, John Dailey and wife Luverna Daily, Jesse Cates and wife Harriet Cates, John McKey and wife Martha McKey, Harrison Smith, Rebecca Smith, Louisa Swearingen and Sammie Swearingen, defendants.

John McKey and wife Martha McKey, Harrison Smith, Rebecca Smith and Louiza Swearingin are non residents of Tennessee, so ordinary process cannot be served on them...advertise in newspaper.

[*]Depending on who is writing, name often looks like "Heady" and "Healy" - mlj]

PETITION: Daniel Harley and wife Adaline Harley of Jackson Co, TN against James Stults and wife Elizabeth Stults, John Allen and wife Eliza Allen, Thomas Swearingin, John Dailey & wife Luverna, Rial Dyer & Nancy K. Dyer of Jackson County, Tennessee; Jesse Cates and wife Harriet Cates of Putnam Co, TN; John McKey & wife Martha McKey of State of Missouri; Harrison Smith & wife Rebecca Smith of State of Kansas; Louisa Swearingin of State of Kentucky and Sammie Swearingin, minor daughter of Sam Swearingin deceased, of Putnam Co, TN.

Complainants and defendants are children and heirs at law of Marinda Swearingin, deceased...some are the husbands of her children and grandchildren. Marinda died seized and possessed of small tract where Ryal Dyer & wife now live in Jackson Co, TN bounded on West and North by M. W. Cummins, East by Caroline Heady [or Harly] and John Clinton, South by Lafayette Garrison and Wiley Night, 90 acres more or less, not susceptible to partition.

Luvuna Dailey and Louisa Sweringin are children of James Swearingin deceased, son of Marinda Swearingin. Sammie Swearingin is a minor with no general guardian and is a daughter of Samuel Swearingin deceased, son of Marinda Swearingin. Informed that R. A. Cox owns the interest of Jesse Cates and wife and that Rial Dyer has the [cannot read] papers to said land. 27 Nov 1882 [Signed] J. M. Morgan, Solicitor for Plaintiff

AFFIRM TRUE: Daniel [hix X mark] Harley, Adaline [her X mark] Harley

DEPOSITIONS: J. M. Mabury, J. S. Burris, J. B. Cummings state they know land and/or parties, not susceptible to partition. [All sign; Burris as "Broughs"]

ANSWER: Luverna F. Swearingin and Louisa Swearingin by Guardian Ad Litem John L. Washburn to Bill of Complaint by Cox & DeWitt and others. Harriet Swearingin was a single woman when she signed note, since married. Miranda Swearingen has dower right in land mentioned. Harriet Cates has interest in said land. 6th [no month] 1868.

REPORT OF SALE/EXECUTION: Cox & DeWitt vs Marinda Swearingin, etal. 8 July 1869, at the court house door in Gainesboro, Complainants acquired interest of Marinda Swearingin and undivided interest of Harriet E. Cates, wife of Jessie Cates & reversionary interest in common with Harriet's other brothers and sisters, land in District 10, Jackson Co., TN, bounded by Wiley Knight and others, where Maranda Swearingen now lives. August term 1869. [Signed] R. A. Cox, Clerk & Master

REPORT OF ADMINISTRATOR: Daniel Healy [Harley] makes oath as Admr of Marinda Swearingin nothing has come to hands, states Marinda died single and possessed of land, resigns 4 Jun3 1883. Daniel [his X mark] Harley

BILL OF COMPLAINT: Lear Harris, next friend of Marinda Swearingin and William Swearingin, bind ourselves in the sum of $300 to submit to arbitration of John Burroghs, John Smith and [?]Robert Lawson and Jones Simpson. Arbitrators shall meet 10 June 1842. [No more information].

Lear [her X mark] Harris William [his X mark] Swearingin

APPEARANCE BOND: Wm Swearingin in sum of $250 and James Swearingin in sum of $175 are bound to State of Tennessee to appear in Circuit Court in Gainesboro...assault and battery. Dated Mar 23 184[?]3. [No more information].

BILL OF COMPLAINT: Cox & DeWitt against Maranda Swearingin, Jessie E. Cates and wife Harriet Cates. Alleges the latter are justly indebted on $100 note dated 12 March 1867. At that date Harriet was single, has since intermarried with Jessie Cates. Some years ago, Wm Swearingin husband of defendant Maranda departed this life seized and possessed of tract of land approximately 100 acres in District 10, bounded by Wiley Knight & others where defendant Maranda now lives. Dated 9 September 1867.

TO SHERIFF OF JACKSON CO, TN: Miranda Swearingin by next friend Lear Harris filed Bill of Complaint against William Swearingin for divorce a mensa et thoro on 1 June 1842, lists personal property, requests he be enjoined from selling.

BILL OF COMPLAINT by next friend Leah Harris. Marinda Swearingin about August 1832 lawfully married to William Swearingin the younger in Jackson County, Tennessee, where they resided ever since. She was faithful, he committed adultery, beat, bruised and whipt [sic]. About three weeks ago, he kicked her out of his house and she was compelled to seek protection among her relatives. Six small children, fruits of said marriage who are at her brother in law's and mother. Said Swearingin owns about 300 acres, personal property. Seeks divorce, alimony, support for she and children. 19 May 1842. [Signed] Quarles, Solicitor Marinda [her X mark] Swearingin

1850 Census Jackson Co, TN, per Sistler index, 455/536:

SWARINGAME, William 45 Ky, Miranda 37 Ala, Maranda 19, James 17, John 16, Rebecca 15, Samuel 13, Martha 11, Elizabeth 10, Adaline 6, Eliza 4, Pleasant 2, Anderson 6/12, Harriet 8.


[NEW CASE] JACKSON CO, TENNESSEE CHANCERY COURT 1867

SWEAZA, CHARLES
vs
FLATT, HOPEY S. PHEBE etal

EXHIBIT: Bond for Title on tract of land, sale price of $600 to William Williams and John A. Gregory dated 28 September 1865. [Signed] John Flatt

COMPLAINT: Charles Sweaza vs John A. Gregory, Hopey Still Phebe Flat, Canzada Flat, Andrew Jackson Flat, Alexander F. Flat, George Washington Flat, Joan Addeville Flat, John M. Flat, the last four minors and have no guardian, Isaac Williams of Jackson Co; Polley Wasson [written old-style "Wapon"] and her husband James Wasson of Missouri, John M. Williams of Illinois, James Williams of Overton Co, TN, Sary Bilberry & her husband Campbell Bilberry of Overton Co, TN, Marthy Williams, Joseph Williams, Archibald Williams of Overton Co, TN, defendants.

28 Sept 1863 John Flat sold to defendant John A. Gregory and executed bond for title, recorded Book K p 1067, does not give boundaries or number of acres.

17 December 1864 your orator purchased of William Williams & John A. Gregory a tract of land and took an assignment of title bond...that they, Williams & Gregory, were to pay for said land.

John Flat, the bargainor, died and the said Hopy Still Phebe Flat is his widow. Canzada Flat, Andrew J. Flat, Alexander Flat, George Flat, Jo Ann Flat and John Flat are the only children and heirs of said deceased.

William Williams is also dead, and that the said Isaac Williams, Polly Wasson and her husband James, John Williams, Jane Williams, Elizabeth Bilberry, Camell Bilberry, Martha Williams are his brother & sister and only heirs of said deceased.

Neither of said deceased had Administrators on their estates.

Mistake made in assignment, can prove. Hopy Still Flatt filed suit of ejectment, asks it be enjoined and title cleared. 11 November 1867. [Signed] DeWitt, Sol for Complt

[Signed] ?S. F. Sweazey, Agent of Charles Sweazey

COMPROMISE: We, Pleasant Wood and Heapy P. Hix, wife of William Hix, Cansada Flatt, A. J. Flatt, Alexander Flatt this day entered compromises...cause of Charles Sweazy against John A. Gregory, Heapy Still Pheba Flatt...now pending.

Pleasant Wood agrees to give to the said Flatts possession of tract he purchased of Charles Swezea and the same that Sweazey bought of John A. Gregory and the same that said Gregory bought of said John Flatt and the same Flatt executed a title bond for same. Signed 10 April 1872, Test: Alexander Nevill, Y. J. Wilson, [Can't read] Wood

Happy Still Pheby [her X mark] Hicks

William [his X mark] Hicks

[Signed] P. E. Wood

[Signed] Charles Swezay, the Complainant


[NEW CASE] JACKSON CO, TENNESSEE CHANCERY COURT 1869

SWOPE, ARCHIBALD A.
vs
GARRISON, HENRY

AMENDED BILL OF COMPLAINT: Archibald A. Swope of Smith Co, TN against Henry Garrison and Samuel Garrison of Jackson Co, TN and A. H. McFall of [blank] county and Richard Harris late of Jackson County now absconded to parts unknown to complainant.

27 April 1869, Complainant filed against Henry Garrison and Richard Harris...had judgment against Henry and others over $200. Henry Garrison had at some time purchased tract of said McFall adjoining land of Wiley Knight & Kerry Kendall & others, being where defendant Harris resided at filing of bill on Blackburn's Fork of Roaring River, 300 acres...said Henry Garrison has put title bond into possession of Samuel Garrison who is his son and he is claiming to own the land. Henry is about to remove back to land, having moved off after he gave possession to Harris.

Judgment in favor of A. A. Swope and Timothy H. Williams for the use of Complainant was rendered by A. N. Byers, J. P. 14 Sept 1867 for $608 plus $2.20 costs against John Garrison, Henry Garrison and M. A. Garrison. 17 Nov 1869 [Signed] A. A. Swope

 

SUMMONS: John S. Garrison, Henry Garrison and M. A. Garrison to answer Complaint of A. A. Swope and Timothy H. Williams. Dated 17 November 1869.


[MISCELLANEOUS DIVORCES, S...]

[NOTE: Most of the "miscellaneous divorces" have scant information, possibly because the divorce may or may not have been finalized, or papers are no longer extant].

SCOTT, FANNIE
vs
SCOTT, WILLIAM

Fannie and Will Scott married 17 July 1913, lived together until today. Complainant went to pick some beans in field for dinner about 100 yards of Robert Nemo's house where they lived. Taylor Rody came up and started talking about fence being down. Defendant came up, accused Rody and her of improper conduct and then attempted to kill said Rody. Asks divorce, decree for alimony [No children listed]. Asks injunction to keep him from disposing of personal property, including 1/4 of crop growing on John Sadler's farm. 9 September 1913. [Signed] Fannie Scott

ANSWER: William Scott and Fannie married as stated and lived together until 9 September 1913. States untrue he charged her with adultery; that he came upon her and Taylor Roddy in the cornfield under circumstances he thought suspicious, denies armed with rocks or threatened to kill Roddy. William [his X mark] Scott

[NEW CASE]

SMITH, W. C.
vs
SMITH, A. G.

Both of Jackson Co, TN, married in Georgia August 1909. At the time of marriage, defendant was legally married to Harve Hix, then still living, never dissolved. Defendant knowingly entered into another marriage. Dated 18 Sept 1910. [Signed] W. C. Smith

[NEW CASE]

SCOTT, M. E.
vs
SCOTT, W. J.

Married 1 Sept 1901, lived together till about 1902. Child Anny B. Scott of tender years. Fail to support, cruel and inhuman treatment. [Complainant may have had epilepsy; describes abuse while she was unconscious during "fits" while her mother was present, name not given]. Lists personal property, desires divorce, custody of daughter, rights of single woman, maiden name M. E. Hart restored. 1902. M. E. [her X mark] Scott

[NEW CASE]

SEBER, FLORENCE
vs
SEBER, BEVERLY

Florence is resident of Jackson Co, he lives parts unknown. She and defendant married December 1895 in Jackson County, Tennessee. Lived as husband and wife until November 1898 when he abandoned her. One child, boy age four, John D. Seber. Heard two years ago he was about 80 miles west of Nashville. 1902.

[Signed] W. W. Draper for Cpt

[NEW CASE]

SETTLE, MARY L.
vs
SETTLE, WALTER

Married 28 May 1896. Defendant willfully deserted Complainant more than two whole years; once she heard he was dead, again that he was in Nashville. Desires divorce, rights of unmarried woman, maiden name Mary L. Harris restored, custody of their daughter Nannie Settle age four. 1901. Mary L. [her X mark] Settle

[NEW CASE]

SHEPHERD, ROSANNA C.
vs
SHEPHERD, WILLIAM

Complainant lives Jackson Co, TN, defendant lives Kentucky. Married Overton Co, TN 30 Oct 1890. Lived together at her father's [name not given] after marriage until about ten months ago when he deserted her at her father's, never written, never provided. Her father is poor, bad cripple. Defendant said he was going to the river to work, gone two weeks before she knew he had left the state. [No children or maiden name mentioned]. 1892. Rosana C. [her X mark] Shepherd

[NEW CASE]

SIRCY, BARBERY
vs
SIRCY, SHERMAN

Complainant lives Jackson Co., TN, defendant lives Texas. Married 15 September 1910 Jackson Co. Last heard on 15 October 1913 he was in Sulphur Springs, Texas. Sold everything they had, put the money in his pocket and went. Her mother is a widow woman, not able to provide. Have a child the issue of said marriage [name/age/sex not given]. 1914. Barbara [her X mark] Sircy

[NEW CASE]

SKIMMIHORN, CARROLL
vs
SKIMMIHORN, LIZZIE

Carroll Skimmihorn of Jackson Co, Lizzie of [?]KY. Married Spring 1891. Fall of that year while he was in bed sick, defendant deserted him. He wrote asking her to return, she refuses. [No children mentioned]. 1894. Carroll [his X mark] Skimmihorn

PROSECUTION BOND: Defendant a non-resident of Tennessee, publication has been made. Bond: Carroll [his X mark] Skimmihorn, E. A. [his X mark] Brown, Andy [his X mark] Skimmihorn

[NEW CASE]

SCHERMEHORN, SARAH
vs
SCHERMEHORN, ELIJAH

About February 18[blank] married in Jackson Co, TN. He left her taking Elizabeth Morgan, a woman of bad fame, kept company with her before he left, staying 10-15 days at a time. Defendant in parts unknown. [No children/maiden name mentioned]. Dated 2 October 1866. Sarah [her X mark] Schermehorn

JACKSON COUNTY, TENNESSEE [DIVORCE] 1901

SMITH, LAURA
vs
SMITH, OWEN

ANSWER: Owen E. Smith to Bill of Complaint of Laura Smith. Denies allegations, states married in Jackson Co, TN. [Signed] Owen E. Smith, by John L. Gore, Atty.

BILL OF COMPLAINT: Laura Smith states they married 24 Dec 1899. About six months after marriage, defendant left, and refused to provide. Dated 14 Feb 1901. [Signed] Laura V. Smith [Signed] ? M. Tinsley, Sol. [Awful writing; if anything about children or married name, can't read].

JACKSON COUNTY, TENNESSEE [DIVORCE] 1902

SMITH, HUEA
vs
SMITH, SINDA

Huea Smith of Jackson County, Sinda Smith of Putnam County. Married Jackson Co, TN 21 July 1902. On the [blank] day of February following marriage, defendant left him while he was away from home, charges desertion. Dated 29 July 1905.

[Signed] John J. Gore, Sol [Signed] Huea Smith [looks like Gore's writing]

JACKSON COUNTY, TENNESSEE [DIVORCE] 1900

SMITH, A. J.
vs
SMITH, JANE

A. J. Smith of Jackson Co, TN, Jane Smith resident of Kentucky. Married Jackson Co, TN about four years ago, lived as husband and wife until about a year ago. Complainant forced to separate from defendant on account of her adulterous conduct. Names "Bud" Lynch, "one Martin and other men". Defendant recently removed to the State of Kentucky, being under indictment in Jackson County Circuit Court for lewdness, so he is informed. Was informed that about May or June 1899 in the town of Gainesboro, she committed adultery with Landon Bromett, Killis Rowley, James Jackson and perhaps others. Complainant has two children Lillie about age four and Grover Cleveland about age two. Defendant not property person to care for these children. Dated July, 1900.

[Signed] A. J. Smith [Signed] L. H. Smith, Sol. for Complt

JACKSON COUNTY, TENNESSEE [DIVORCE] 1910

SMITH, NERVIE
vs
SMITH, SANFORD

Married in Macon County, TN about six years ago, moved to Jackson Co. last March or April, lived together to June last. Defendant made complainant leave their home, slapped her with his hand, called vile names, failed to provide, since had to live with her father and mother [not named]. Defendant has accused her of lewdness with Garfield Freeman, which is not true. 3 November 1910. [Signed] Nervie Smith

ANSWER: Sanford Smith to complainant Minerva Smith filed against him in Chancery Court 3 November 1910. Denies struck, slapped, failed to provide. Accuses of adultery, says said wife admitted to him. After they separated, wife & Freeman had picture taken together, her arm around his neck, he has photo. Since separation from information and belief, she and Freeman engaged in adultery on her father's porch, have been seen traveling together. Cross-complainant and wife have two small children, oldest a girl about five and a boy about three. Wife not suitable to care. 16 Jan 1911.

[Signed] Jno H. Stafford, Solicitor

JACKSON COUNTY, TENNESSEE [DIVORCE] 1875

SMITH, J. B. H.
vs
SMITH, ELIZABETH

Both residents of Jackson Co., TN, married there about six years ago. Accuses of adultery with James Smith, Jobe Roberts, John Stafford, Mat [?]Silcox.

SUMMONS TO APPEAR issued to Elizabeth Smith 2nd Monday in May 1875.

JACKSON COUNTY, TENNESSEE [DIVORCE] 1886

SMITH, MARTIN
vs
SMITH, THULA

SUMMONS issued to Thula Smith to answer charges on 1st Tuesday after 2nd Monday in January, 1886. [Summons only document in file - mlj].

JACKSON COUNTY, TENNESSEE [DIVORCE] 1884

SMITH, MARTIN
vs
SMITH, SARAH JANE

Both of Jackson County, Tennessee. Married April 1884 [doesn't say where], and lived together but very little. Accuses of adultery with James Smith, William [not sure of last name; could be Lanson, Lawson or Towson], divers others. Dated 12 December 1884. [Signed] Martin Smith [Signed] Joshua Haile, Sol.

JACKSON COUNTY, TENNESSEE [DIVORCE] 1898

SPIVEY, OLLIE
vs
SPIVEY, BEDFORD

ORDER TO ATTACH PROPERTY: Until hearing at County of Jackson Court House in Cookeville, Tennessee on 3rd Monday of September next. Dated 3rd Monday in March, 1898.

BOND: Bedford Spivey in sum of $100 to Ollie Spivey, subject to Bedford paying Ollie for personal property attached that may be decreed to her. Dated 18 August 1898. [Signed By]: J. G. Ray, T. B. Witcher, F. M. [his X mark] Spivey as Securities and Bedford [his X mark] Spivey

NOTICE TO APPEAR: Issued to Ollie and Bedford Spivey on 26 Aug 1898 at the Court House in Gainesboro.

JACKSON COUNTY, TENNESSEE [DIVORCE] 1898

STACY, MARIAH J.
vs
STACY, GEORGE

FINAL DECREE OF DIVORCE: George Stacy is a non-resident of Tennessee. Advertisement published for him to appear to answer charges in "Upper Cumberland", a newspaper published in Gainesboro as required by law. No defence made to bill that defendant willfully and maliciously abandoned Complainant, judgment pro confesso. Complainant awarded custody of Mariah Jane Stacy, her daughter, age about seven years of age.

JACKSON COUNTY, TENNESSEE [DIVORCE] 1898

STAFFORD, J. H.
vs
STAFFORD, OLLIE

SUMMONS TO APPEAR: Issued to "Perry VanHooser (Isaac's son), Jim Whitaker" to give evidence for Complainant.

BILL OF COMPLAINT: John Huster [or Hustler] Stafford of Jackson Co, TN against Olivia Stafford, resident of Kentucky. Married Jackson County about six years ago, lived together about one year, defendant abandoned him, went to Kentucky and married another man. 27 June 1898. Dixon & Stafford, Sol. John [his X mark] Stafford

JACKSON COUNTY, TENNESSEE [DIVORCE] 1910

STAFFORD, MARY
vs
STAFFORD, JESSIE

TO R. C. GAW, CLERK: You are hereby authorized to enter my name as security for $6.00 for the Plaintiff in this Case for the cost of said case*. Dated this Mch 24, 1910. [Signed] A. M. McCoin

[*Note: It appears that if a Complainant or Defendant was unable to pay cost, they could sign a statement that due to poverty they were unable to pay. A minimum charge of $6.00 was required by law, at least during this time frame].

Mary Stafford and Jessie Stafford were married in Jackson County, Tennessee [blank] 1903, lived about seven months at my father's [name not given] who furnished what we lived on. Failure to support, has been abandoned more than six years, asks divorce, rights of a single female, maiden name of Mary Roberts restored. May 18, 1910.

Mary [her X mark] Stafford

JACKSON COUNTY, TENNESSEE [DIVORCE] 1900

STAFFORD, JOSA M.
vs
STAFFORD, JESSEY

Your Oratrix [Josa M.] would represent that she and defendant married in Jackson County, Tennessee [blank] day of [blank]. Happy until about May 1900 when the defendant willfully abandoned your Oratrix. Children Susan female, James mail [sic] are of tender years. Cruel, unsafe to cohabit, he is unfit to have custody. 2 June 1900.

[Signed] Josa M. Stafford

JACKSON COUNTY, TENNESSEE [DIVORCE] 1869

STAFFORD, MARY
vs
STAFFORD, L. W.

Married 4 July 1869, together until about three years ago when he abandoned her. Cruel, whipped with fist, struck with hammer. Land belonging to them that should be settled on her bounded North by Mabury, South by Mrs. Way, East by Mrs. Netherton, West by Mabury, about 45 acres. 22 June 1896.

Mary [her X mark] Stafford [Signed] Dixon & Stafford, atty.

Decree granted, land settled on Mary Stafford as alimony. [See below case]

JACKSON COUNTY, TENNESSEE [DIVORCE] 1890

[NOTE: Miscellaneous divorce cases not in separate folders. Possibly same couple as above and they went back together. One couple on 1880 Jackson Co. Sistler's index fits, children's names, off somewhat:

STAFFORD, Lee W. 51, Mary 25, S. Emmaline 10, Adaline 8, Polly A. 5, Wm. H 3, Nannie B. 2 - hh 184].

BILL OF COMPLAINT: Married 7 July 1867, together & happy until March 1888. She abandoned him. Six children living the issue of marriage, 3 girls, 3 boys. Rhoda A., Polly A., William H., Minnie B., Walter B. and David M. of tender years, defendant not competent, no permanent abiding place. 24 Feby 1890. L. W. [his X mark] Stafford

Bond, L. W. Stafford as Principal, John H. Stafford security.

JACKSON COUNTY, TENNESSEE [DIVORCE] 1888

STOUT, NANNIE
vs
STOUT, SYDNEY

SUMMONS: Sydney Stout if to be found to answer charges, 1st Monday July 1888.

BILL OF COMPLAINT: Married [?] March 1887. Lived together a few days, defendant abandoned her and turned her out of doors. Complainant borned & raised in Jackson Co, TN, never lived elsewhere. Asks maiden that her name Nannie Medders be restored. Dated 1 March 1888. Nanny [her X mark] Stout

JACKSON COUNTY, TENNESSEE [DIVORCE] 1880

STOUT, JAMES B.
vs
STOUT, DARTHULA

Married 5 July 1877 in Jackson Co, TN to Darthula Carter. He was young and inexperienced, only 18. Thought Darthula's reputation was upstanding up to marriage. Short time after marriage, Petitioner became satisfied she was pregnant. Respondent confessed the father and circumstances connected with begetting. He left her with her mother Mariah Carter and he returned to his father's, where each remained ever since. Six months after separation, Darthula delivered fully developed child. Separation 26 August of same year of marriage, having lived together about one month. Following separation, "became knowledge she was continually intimate with one Vitt Presley (her brother in law), who is now confined in Davidson County jail...evidence cannot be obtained without considerable expense and delay". Petitioner is ready to verify that some 12 months prior to marriage, said Darthula had a miscarriage at about six months gestation. He never had sex intercourse prior to marriage or after separation. 6 December 1880. [Signed] J. B. Stout & H. H. Lansden, Atty. for Petitioner

No defense entered, decree recorded 12 May 1881.

1880 Jackson Co., TN lists on Sistler's printed index: CARTER, Mariah 52*, Darthuly 22, Julie A. 2 in hh 236. [*Indicates others in hh, did not look up on census microfilm].

JACKSON COUNTY, TENNESSEE [DIVORCE] 1873

SWEARINGIN, MILTON W.
vs
SWEARINGIN, AMANDA

Married June 1872 in Jackson Co., TN. Is a poor man, did best he could to provide and make her happy, she was not. Abandoned him and living in lewdness. 30 Oct 1873.

[Signed] M. W. Swearingin & Washburn & Morgan, Sol. for Petitioner

JACKSON COUNTY, TENNESSEE [DIVORCE] 1840

SWEARENGIN, SALLY
vs
SWEARENGIN, WILLIAM

Sally Swearengin sues by next friend Nimrod Henley. Married Jackson Co., TN about 1812 to William Swearengen. He was not faithful to vows, beat and abused oratrix, was driven from his bed and board and he now lives with a woman she is informed in adultery. Ten children, three of which are of age, youngest six years old next January. Requests alimony or reasonable support, injunction to keep him from disposing of property. Sarah [her X mark] Swearengin & Quarles for Complt

END MISCELLANEOUS DIVORCE


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1874

TATE, PHOEBA
vs
MOORE, NEWTON & others

NOTICE OF DEPOSITION: 23 Oct 1874 of Phoeby Tate & Lucitty Moore in presence of Complt & her solicitor and W. B. Roddy, Guardian ad litem for minor defendants.

DEPOSITION: Phoeby Tate age 42. Complainant knew Denton Moore in his lifetime. Contract with him to purchase land for me, case of Ezekiel Carnahan, Adm vs Pleasant Brown, etal. I was going to the sale, weather was rough, he said he was going and would do it for me. He did attend and purchased at $210.00. I gave Denton Moore $42.00 to pay on land. I was living at his house at the time. He returned from sale, about 30 April 1873, said he had written his own note with Bennett Minor as Security. I was to replace notes, but Denton Moore died before I had time. Balance is unpaid.

Phoeba [her X mark] Tate

DEPOSITION: Lucitty Moore age 18, knew Denton Moore in his lifetime, know Phoeby Tate, heard contract between them. Understand it was the Brown land that lies on Brimstone Creek that he purchased for her. [Signed] Lucetta Moore

ANSWER: S. A. Moore, Admr of Denton Moore, deceased, estate. Requires proof of agreement, asks that to be dismissed with reasonable cost. [Signed] S. A. Moore

DECREE: Denton Moore acted as Trustee for Pheby, title of property to be vested out of his estate and in her name.

GUARDIANSHIP: W. B. Roddy, guardian ad litem of minors Samuel Moore, Jasper Moore and Susan Moore. Denton Moore is dead, S. A. Moore is regular Administrator.

BILL OF COMPLAINT: Phoeby Tate of Clay Co, TN vs Newton Moore Sr. and Orpha Van Hooser of Jackson Co, TN; Samuel A. Moore of Clay Co; Newton Moore Jr, Thomas J. Roberts & his wife Roxanna Roberts, Samuel Moore and Susan Moore of State of Missoura; Roxana Haris and husband unknown of State of Texas; Tabitha Haris & husband unknown of Missoura; Jasper Moore Jr., a non resident of Tennessee, residence unknown.

In 1873 Denton Moore departed life intestate, his son Samuel A. Moore named Administrator.

Defendants mentioned in this caption are all the heirs of Denton Moore ... left a widow, the wife of his second marriage had dower assigned to her from other lands of deceased. Said widow, knowing Denton Moore was acting as Phoeby's agent, is not a defendant in this cause.

Samuel and Susan Moore are children of deceased son of Denton Moore, to wit Alferd Moore.

Roxana Haris and Tabetha Haris are children of Poly Harris, wife of Thomas Haris. The said Poly who is now dead was a daughter of Denton Moore.

Newton Moore Sr and S. A. Moore are sons of deceased Denton.

Roxanna Roberts is a grand daughter of Denton Moore [did not give this Roxanna's parents].

Newton Moore Jr. is a son of Jasper Moore, a deceased son of said Denton Moore, dcd.


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1877

TAYLOR, ABSOLEM & WIFE
vs
COX, R. A. & others

ANSWER: R. A. Cox, John Taylor, J. M. C. Carter, J. M. Allard & wife Mary Allard to Bill of Complaint. Mary Allard, wife of J. M. Allard, was the owner of lands described in bill, and she and her husband had some litigation in Chancery. Allards were not only liable for $60 alleged in bill, but costs upwards of $80 plus attorney's fees of $35, about ten years' interest thereon in 1868 - decree having been rendered 1858. Land was sold and bid off by R. A. Cox. No money was paid because he was a beneficiary and the money came to his hands, he being the Clerk & Master at the time. Sale 5 October 1868, lien 19 August 1868. Dated 29 September 1877. [Signed] Murray & Cox, Sol. for Respt

BILL OF COMPLAINT: Absolum Taylor and wife Patience Taylor against R. A. Cox, James Carter, John Taylor and others.

In the latter part of 1868 or early 1869, Absolum Taylor and wife Patience Taylor purchased of Polly Allard under parol [oral] contract land in District 11, Jackson Co, TN... bounded by Henry Frezell, Henry Richmond, William Pruett & others, being 23 acres. Claims adverse possession nine-ten years. R. A. Cox purchased at price of $10.00 before redemption right expired, they paid him $60.00. Afterwards Cox sold same to John Taylor and J. M. C. Carter. John Taylor had writ of unlawful detainer against Complainants.

Smith Co, TN, Absolom and Patience Taylor make oath allegations true. Dated 22 August 1877. Absolom [his X mark] Taylor, Patience [her X mark] Taylor

DEPOSITION: John Taylor states "I am the son of Absolom Taylor".

John [his X mark] Taylor


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1915

TAYLOR, FLORA
vs
TAYLOR, W. L.

INJUNCTION: Against W. L. Taylor to prevent him coming about or interfering with complainant or coming around or lying in woods about her father's house, plus injunction against his selling personal property, including small patch of Irish potatoes growing on premises of her father Andy Masters in the edge of Jackson Co. Both to appear in court 3rd Monday in April 1915.

ANSWER: W. L. Taylor states Flora left 7 April 1915, denies she was forced to abandon her home to live with relatives in Overton Co. [Signed] W. L. Taylor

BILL OF COMPLAINT: Flora Taylor against W. L. Taylor states they were married 20 December 1914, she left 8 or 9 April 1915, charges cruelty. First filed 13 April 1915 in Livingston, Overton Co., Tennessee thinking she was resident, case dismissed without prejudice, refiled Jackson Co., TN. Wants maiden name Flora Masters restored.

11 Jun3 1915 [Signed] Flora Taylor


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1872

TAYLOR, PATIENCE
vs
TAYLOR, ABSOLUM

Married 11 Aug 1866, Jackson County, Tennessee. Happy until six months ago. Husband often drunk, cut her on neck with a knife. Since their marriage, she is means of support. He has drove her from home. Prior to marriage she received as distributive share of her father's estate about the sum of $160.00. Was persuaded to invest in personal property to set up housekeeping [lists items], now in possession of defendant. Asks that he be enjoined from selling. [No maiden name or children listed]. 27 May 1872.


[NEW CASE] JACKSON COUNTY, TENNESSEE, 1885

TAYLOR, SARAH
vs
MORGAN, W. C.

DEPOSITION: Sarah E. Phillpot of lawful age, heard conversation between Plaintiff Sarah Taylor and Perry Taylor regarding mule in controversy. Sarah Taylor's husband deserted her. Campbell Morgan collected her "things" and in gratitude gave Campbell the good mule and kept the crippled one. Don't know if this was before or after her divorce. Sarah E. [her X mark] Phillpot

WITNESS: Sarah Taylor, am plaintiff in this case. Told W. C. Morgan she'd rather him have both mules than have Wint Taylor get away with them with that strumpet. Never made any contracts about mule. Filed bill against Winton Taylor. Did not tell Amanda Morgan I wanted to see W. C. Morgan.

WITNESS: Joseph Morgan sworn, said he is a son of defendant W. C. Morgan, drives teams for his father.

WITNESS: W. C. Morgan states he met Mrs. Taylor at house of Austin H. Morgan in the Fall of 1882, soon after her husband abandoned her. Mrs. Taylor said her husband was leaving with their mules and wagon and she wanted me to pursue them. "I was U. S. Deputy Marshall at the time". First declined, she insisted, said would give me one of the mules. Finally agreed, we went to Gainesboro where she filed her divorce bill and attachment. Found Taylor in the woods in Macon Co., 25-30 miles from his home.

WITNESSES: Lee Masters and Noah Whitaker each state they live about 1 1/2 miles from defendant Campbell Morgan [No new testimony].


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1897

TERRY, HUGH
vs
JENKINS, G. J. etal

SYNOPSIS: Very lengthy case, few relationships given, but it is an interesting history of the schools around Whitleyville. Lewis Hix in about 1855 donated one acre of his farm near his residence on Riley Creek to be used by the four major denominations in the area: Baptist, Methodist, Christian [probably Church of Christ] and Cumberland Presbyterian as a place of worship and for a school. However, only the Cumberland Presbyterian Church had the authority to officially organize a church at the site. A deed was drawn to the then Elders Alexander Keith, John M. McCue and Logan Sam Watson and the then pastor, T. C. Quarles of Big Springs Cumberland Presbyterian Church. The deed was registered at the Jackson Co. Court House. Residents of the area, either by donations of funds or labor, built an arbor, which was used for worship purposes about 30 years, and as a school from time to time. Baptists, Methodists, Cumberland Presbyterians, and once the Mormans all held services here, but not "Christians", according to testimony. The arbor was eventually torn down, and a "house" was built by subscription, or donations of money or labor, in 1885. It was used as a church meeting house and for a private literary school. There was another public/free school house within half a mile across the creek, at or near Whitleyville. The school house washed away in a flood in 1865, and for two years public school was taught in a rented store house. At some point the District 13 School Directors arranged for school to be taught in the church, without one interfering with the other.

There was earlier controversy that has been referred to, and an arbitration committee formed to settle the church/school difficulty. Lewis Hix, the original donor of the property, testified his intentions were to have the property used by the churches mentioned and as a school for his and his neighbor's children. Lewis Hix was well regarded by everyone in the area, according to testimony and depositions. The disagreement appears to have been settled by arbitration prior to Lewis Hix' death. Mr. Hix died in 22 March1896, the year before this case was filed.

In 1897 Martin McCoin was hired to teach. The church members' version is he came in while they were having a meeting, and ordered them out. His version is he was in the middle of teaching a class and church members came in, turned chairs around, started having a meeting and singing.

McCoin had arranged, with permission of School Directors, but not the church elders, for the installation of a flue. It was installed on Saturday. On Monday, church members removed the flue, padlocked the door and nailed the windows shut. McCoin broke in, and the lawsuit began, centered on what Lewis Hix' intention was at the time he had the deed drawn, and whether there was a deed restriction that it be used as church, school or both. The deed had been registered at the Jackson Co. Court House in Gainesboro [burned August 14, 1872], and a copy given to Pastor T. C. Quarles for safekeeping [burned when his house did].

DEPOSITION: C. C. Hix, age 53, knew Lewis Hix in his lifetime, he was my father. School District Directors in 1894 were J. N. McCoin, Dent Moore and Joseph Gaines. Elders of Big Springs Congregation of the Cumberland Presbyterian Church in 1894 were H. R. Terry, J. P. McCawley and J. H. McCawley. [Signed] C. C. Hix

DEPOSITION: Wade H. Graves age 64, was appointed one of the Arbitrators to settle dispute between Cumberland Presbyterian Church elders and School Directors relative to land in controversy. Known T. C. Quarles 50 years, heard him preach when I was a little boy. [Signed] W. H. Graves

DEPOSITION: T. C. Quarles aged 75, live Jennings Creek, 13th District. Member of Big Springs Presbyterian Church 54 years, pastor there about 40 years, appointed about 1855, served until a few years ago; organized by James K. Lansden, an ordained preacher, in 1855. [Lansden's obit here: www.cumberland.org/hfcpc/INDEX.HTM ].

Lewis Hix gave deed of gift of one acre at the lower end of his farm in January 1858.

[Signed] T. C. Quarles

NOTICE OF TESTIMONY: Following to appear and give evidence on behalf of Plaintiff on May 17, 1897 at White Chaple [sic] School House near W. H. Raglin residence, 13th District [Not all these listed had depositions on microfilm. Most were regarding character]: Bill Gentry, B. P. Hix, C. C. Hix, George Hix, James Price, Bill Kittrell, Bill West, Nuton Gaines, Samps Gaines, Mart Gains, J. W. Hix, Dick Kennedy, Wade Graves, J. D. Watson, John Long, John Proctor, E. D. Giles.

DEPOSITION: George A. Hix, 37, have been Elder, don't know since when, now associate Elder. Have taught school in church house with permission of Elders. The old teacher at Whitleyville said they mistreated him. I finished up teaching public school at the church after School Director Haywood Hix asked me to get permission from the Elders. [Signed] G. A. Hix

DEPOSITION: H. H. Hix, going on 50, live 4th Dist. Jennings Creek. Lewis Hix was my father. Soon be a year since he died. [Signed] H. H. Hix

DEPOSITION: James M. Willmore age 67, live Jennings Creek, knew Lewis Hix, I am his son in law. I have not been identified with [?member of] this church. T. C. Quarles and I are good friends, he is of good character. Heard 20-30 years ago he was "bad after women...and his half bushel being too little, or wouldn't hold". Never talked to anyone who knew the facts..."just running". [Signed] James M. Willmore

DEPOSITION: A. M. Hall [no age given], live on old Lewis Hix farm 1/4 - 1/2 mile from land in controversy. Lewis Hix, my father in law, lived with me the last three years of his life. Have lived close to him for the last 19 years. Lewis Hix always said building was for church and school, was built by subscription donations.

A contract to put a flue in was made by Wm M. McCoin and Wm Kittrell with Wm Wheeler and me to make the flue and put it in. The School Commissioners paid me a warrant for it. Wm Wheeler said the Elders objected to a flue and we went on and finished it on Saturday, and on Monday several met there to tear the flue out and Bill Wheeler was with them. [Signed] A. M. Hall

TESTIMONY: E. C. McCawley states he is brother of J. H. and J. P. McCawley.

DEPOSITION: Joseph Hix, age 62, live 1/2 - 3/4 miles from the house, in District 13, Jennings Creek. Boarded some of the hands when they was working on the house. Hugh Terry came to me about a subscription for a four denominational building including Presbyterian using, but Presbyterian organizing the church. I said each church should have their own week and Sunday, and he said they couldn't do that. He asked how I felt about it being used as a Presbyterian church and a school. I said no, had enough of that sort. Was a School Director in 1887 or 1888. I am the father of George Hix, and J. H. and J. P. McCawley are my sons-in-law.

DEPOSITION: G. A. McCawley about age 63, "I am the father of Complainants McCawley.

DEPOSITION: Logan Watson age 70, taken at his residence in Mulkeytown, Franklin Co., Illinois, in presence of W. L. Wheeler, attorney for Complainants. Moved from Jackson County here in 1862, occupation farmer. Lived near Gainesboro, Tennessee on waters of Jennings Creek. Belonged to Big Springs Cumberland Presbyterian Church. Was Elder with John M. McCue and Alexander Keith. T. C. Quarles was pastor. Talked to Lewis Hicks when we were building the arbor and he said he would give us a deed to the land. Never read the deed or heard it read. Visited Jennings Creek just after the war closed in 1866 or 1867 - only time I went back.

Billy Wheeler came to my home one week ago today, never saw him before until then ...he'd leave once or twice for a night or two and return. Been staying with me about half the time.

EXCERPTS FROM LETTER:

Whitleyville, Tennessee January 5, 1897

To Mr. L. S. Watson, Mulkey Town, Illinois

Been trying to find your Post Office several years, found out last Sunday. I was the Preacher at Big Springs Church of the Cumberland Presbyterian Church...you and Alex Keith and J. M. McCue...Ruling Elders. Brother Watson you and I are all of the oridgeanal officers that are living...

...the Public School is trying to set up a title to the peace of land that Lewis Hix give to the Cumberland Presbyterian Church in the Botom below his field Lewis is ded...I want you to write and say how the deed was...

I still live where I did when you were hear my family all married have a great many grandchildren and great grand children. Health is not very good but I am still preaching have been preaching for 51 years.

[Signed] T. C. Quarles

I saw Duglas last Sunday he is talking of coming out to see you write away.

CHARACTER WITNESSES all said Plaintiffs and Defendants of good character, defendants entitled to full faith and belief in court of law, signed name as first written unless noted otherwise:

Marion Harris, lawful age, signed.

William A. Rash, age 42, signed "W. A. Rash, Jr.".

Thomas G. Medders age 43, live about 1 1/2 mile from W. D. McCoin, known 20-30 years, signed "T. G. Meadows".

Jno V. Minor age 63, been in drug business 20 years, signed.

Charles E. Reeves, known W. D. McCoin ever since the war. "C. E. Reeves"

S. S. Dudney age 43, residing Gainesboro about 12 years, occ merchant, signed.

James A. Williams, Sr., age 59, live Gainesboro, farmer and cashier Bank of Gainesboro, signed.

Jonas G. Dudney age 47, signed "J. G. Dudney".

N. B. Young age 54 [this witness questioned more extensively about others, still nothing bad to say]. Signed "N. B. Young, J.P., Commr"

DEPOSITION: H. R. Terry states in 1887 they got up a disturbance in the other house, and Mr. George Hix came to me and he agreed to pay all the damages if we would let him teach school in it. Mr. Andrews taught, then Johnny Strode.

Terry stated he was an associate elder of Big Springs Cumberland Presbyterian.

Sent one of his children to the free school taught at property in controversy the year Mr. Carroll taught...some people objected, "I took it away" [his child]. Terry as elder filed suit October 1893 against School Directors W. J. Kittrell, W. D. McCoin, B. P. Hix to collect rents for 1889, 1890, 1891, 1892, years the 13th District used the building..."brought suit for rent and should have been for damages, and the suit went against us...filed appeal, did not prosecute". [Signed] H. R. Terry

DEPOSITIONS - Following taken May 25 and 26, 1897 at Rains & Bilbry Shop in Whitleyville:

James Bilbry 36 for defendants, knew Lewis Hix, known since I can recollect being in this county ever since I was ten years old, lived same neighborhood during that time, about 3 1/2 miles from him. Went by once, saw Lewis Hix on scaffolding or something like, unlocking the building. Said he donated the property for a church and school, and he didn't want anybody locked out. [Signed] J. J. Bilbery

Ellen Draper age 72. Haywood Hix came to raise money for church and school. Knew Lewis Hix. [Signed] Ellen Draper

Mrs. Sarlda [Sarilda] Hix age 58, live Jennings Creek, Jackson Co, TN, am the mother in law of J. M. Hix, wife of Joseph Hix. Lived near Lewis since small except when I was about in Smith Co. about three years. Lived at his house once when I was young.

Short time before Lewis Hix' death he said the property was meant for a school and church, and they went and locked the doors when they had no right - that he'd break the door open if he had to crawl - that he'd done it once.

She had a conversation with Tobe Hix coming back from Red Boiling Springs and in that conversation he said I told him something that uncle Lewis had said...he said he would not take his Father's oath about the house...said would once have as quick as any man...Father getting old and mind decaying. Signed with "X" mark

E. M. McCoin states he taught 1895 and 96 in house in controversy, has contracts, known as School No. 1, District 13. Was in possession and school in session when Pete [or Pate] McCawley, H. R. Terry, R. B. Terry and others walked in the house, took hold of the seats and turned them around and started having a meeting. I asked them not to disturb, they started a song, singing it through. Dismissed school at Noon for lunch. Did not have notice from Elders of a protracted meeting. [Signed] E. M. McCoin

Dr. W. P. Lindsey age 47, been in medical practice in the area and resident of the county about 19 months. Testified as to character. [Signed] W. P. Lindsey

George Brotherton, age 46, live North fork Jennings Creek. Heard Dug Watson say that T. C. Quarles had mistreated his, Dug Watson's wife, during her life time...don't know if so or not. Heard T. C. Quarles was charged years ago with adultery with other women besides the Watson woman. With me, his character is good now. Watson woman's character is good. [Signed] George Brotherton

W. H. Ragland age 54 live Jennings Creek, 13th Dist, practicing physician, everyone's character is good. [Signed] W. H. Ragland

Henry W. Rehorn age 62, live Jennings Creek 13th District. W. D. McCoin's character good, T. C. Quarles "could be better". [Signed] Henry W. Rehorn

W. J. Stone, no age given. When asked if T. C. Quarles was his grand father in law, replied "By marriage he is my grand father". [Signed] W. J. Stone

W. R. Hix, lived on W. D. McCoin's place eight years, character good. Signed.

G. L. Bilbrey, known W. D. McCoin about 8 years, lived within 1-5 miles of him since known him. Bilbrey J. P. of District where he lives. [Signed] G. L. Bilbrey

W. D. Biles, age 43, occupation is merchant at Whitleyville three years last Jany. Sold paint January 1895 to the School District to paint house in controversy, cost $7-$10, School District paid. [Signed] W. D. Biles

H. H. Hix, states he has one of the original subscription lists [not filmed/entered as Exhibit]. [Signed] H. H. Hix

P. T. Biles of Biles Bros, Whitleyville, character. [Signed] P. T. Biles

S. A. Clark, states he built the flue three years ago last December. Mr. Willie Wheeler who was to teach at the school paid part, being $1.25 in an order of merchandise at Kittrell & Draper's store. Ad Hall paid $1.00 cash. [Signed] S. A. Clark


[NEW CASE] JACKSON COUNTY, TENNESSEE COUNTY COURT 1880

TERRY, HUGH R.
vs
TERRY, TILLMON

PETITION of Z. L. Terry, Hugh R. Terry and R. W. Allen of Jackson Co, TN against

Polly Ann Terry of Overton Co, TN, Tillman R. Terry of Missouri, George W. Terry, Carroll Crocker and wife Elizabeth Crocker of Missouri and A. P. Terry of Kentucky.

Edden Terry departed life intestate in Jackson County, Tennessee about 16 July 1880, seized and possessed of land in 9th District on Roaring River, bounded on west by A. H. Morgan, north by Joshua Maberry & Will Terry and east by Wash Whitacre and Terry Lawson, south by Mike Phillips, where Eddin Terry formerly resided.

Petitioners Z. L. Terry and Hugh R. Terry and Defendants T. R. Terry, Elizabeth Crocker wife of Carroll Crocker, A. C. Terry, George W. Terry and A. P. Terry are the children of Eden Terry deceased. Polly Ann Terry is the only child of William J. Terry who was a son of Eden Terry and died long before his father. She is a minor. R. W. Allen is owner by purchase from A. C. Terry of whatever interest he had.

Land is not susceptible of partition. Z. T. Terry is Administrator. 2 August 1880. [Signed] Morgan & Butler, Solicitors

POWER OF ATTORNEY: Stationery of Officer of Collector of Phelps Co, MO - letter from and Power of Attorney given to James B. Salley of Rolla, Phelps Co., Missouri, Administrator of Geo. W. Terry, deceased. Letter dated 19 December 1884 states family is in distressed circumstances, need monies of George W. Terry deceased paid over to him as Administrator.

PROSECUTION BOND: H. R. Terry and Carroll Terry to T. R. Terry and wife, $100, to be void if successful in prosecuting attachments. 18 February, 1878.

[Signed] H. R. Terry, A. C. Terry

BOND: C. A. Terry, Principal to H. R. Terry, $140, attach and levy bay mule about 14 hands. 27 February 1878.

[Signed] Cyntha A. Terry by M. B. Butler, Sol, Thomas [his X mark] Smith [?Security]

NOTICE TO COURT: Approval to sell mule without advertising. 7 April, 1879.

[Signed] M. B. Butler, Sol for T. R. Terry and wife, [Signed] H. R. Terry

ANSWER: Respondent C. A. Terry replies to Bill of Complaint of H. R. Terry and wife A. C. Terry. C. A. Terry is wife of T. R. Terry...mule is exempt from attachment by law...only animal of the horse kind she has...she is Head of Household and mother of two children. Dated 29 April 1878. [Signed] C. A. Terry

BILL OF COMPLAINT: H. R. Terry of Jackson Co., TN state T. R. Terry and his wife C. A. Terry, the former a non-resident of Tennessee and the latter a resident citizen of Jackson Co., TN. Complainant states T. R. Terry executed note on 29 July 1874 for $80 for a mule. T. R. Terry is a non-resident, having run away from this county and state some months ago. Mule in possession of C. A. Terry.

DEPOSITIONS: J. M. Johnson [Signed] and Saml [his X mark] Hawkins state they know land and heirs, would sell for about $800 on terms.

REPORT OF SALE OF LAND: Property where Eden Terry died sold to Z. L. Terry for $825 on notes. Dated 1st Monday in February 1881.


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1867

TERRY, JAMES
vs
ALLEN, RUFUS, etal

BILL OF COMPLAINT: James Terry of Jackson Co, TN against Thomas H Butler, William R. Kinner, Austin H. Morgan, Rufus Allen, Curry Lee, Margaret Lee, Polly Lee, Ace Lee, Andy Lee, John Lee, Russel Lee, Hesse Lee, Adeline Lee all of Jackson Co., TN.

John Lee died intestate on 13th March 1867 in the State of Georgia, but at his death was a resident of Jackson Co., TN. Thomas H. Butler was appointed Administrator. There was no personal property that did not pass to widow and children.

Defendant Adeline Lee is the widow.

Curry Lee and Margaret Lee are adult children of deceased.

Polly Lee, Ace Lee, Andy Lee, John Lee, Russell Lee, Hesse Lee are minor children of deceased.

John Lee in his lifetime, about the last of November 1866 purchased of your orator a lot of [cannot decipher, looks like "rags"] being $319.13. At the time of his death, he owned a large tract of land in Jackson County on Blackburn's Fork of the Roaring River occupied by defendant Rufus Allen.

John Lee, now deceased, in his lifetime about 1 April 1863 pretended to sell said tract to said Rufus Allen. States title bond and transfer was fraudulent, as consideration was $10.00 per acre in confederate money and therefore void, asks sale be set aside. 15 May 1867 John P. Murray, Solicitor

PETITION: Curry Lee and Elija W. Terry, Administrators of Sarah Anderson, deceased. John Lee died intestate in 1867, Thomas H. Butler appointed his Administrator. James Terry filed a bill suggesting insolvency of John Lee, deceased, and seeking to set aside a conveyance made by John Lee in his lifetime to Rufus Allen. Petitioners believe estate of John Lee insolvent, no means to pay indebtedness other than lands...held by Rufus Allen illegally, and currency paid by him in confederate money was illegal.

Curry Lee states John Lee is indebted to him for $1118. Elijah Terry states John Lee is indebted to his intestate Sarah Anderson, deceased, of whose estate he is Administrator and duly appointed [blank] County, Tennessee, for sum of $344.82 plus interest from May 1860. 7 August 1867. [Signed] John P. Murray, Sol, E. W. Terry

BILL OF SALE: John Lee to William R. Kinner for $1.00, land Blackburn's Fork of Roaring River.

Tract 1: Begin at stake near Nimrod Johnson's (now William Johnson's) south boundary line to northeast corner of Sampson Williams' 64 acre tract, south to the southwest corner of John Stafford's 50 acres, east to boundary...thence north then east to Jesse Gentry's 50 acre tract to a high Bluff to Curry Lee tract granted by State of Tennessee on 8 May 1837, #5176, which includes several tracts, containing 120 acres and which was also deeded to Curry Lee by John C. McC___ [possibly McCoin or McCue] by his attorney in fact on 11 July 1828 containing 200 acres.

Tract 2: Joining above, beginning boundary line of 40 acre survey granted by State of Tennessee to Mc____[possibly McCoon, McCarver] to the dividing ridge, along ridge to low gap crossing hollow to Ben Flatt's 300 acres now Robert Allen's...crossing Blackburn's fork to southwest corner of survey made in name of McClennon, called lower 40 acre tract, to the 100 acre tract purchased by Curry Lee of Benjamin Flatt in 1855. Dated 1 September 1859. [Signed] John Lee


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1899

TERRY, J. C.
vs
GAW, ARMEL

BILL OF COMPLAINT: Arkley Gaw heirs, J. C. Terry & wife Arabell Terry of Overton Co, TN and Clovis Gaw of Jackson County, Tennessee

against

Armel Gaw, Amburse Gaw, Emily Gipson, Olympus Gaw of Jackson County, TN and Wiley Gaw of Texas.

Children and heirs of Vandiver Gaw and Arkley Gaw whose names, ages and residence unknown, supposed to be of the State of Missouri.

Elias Gaw departed life intestate April 1899 leaving complainants except J. C. Terry, and the defendants his only children and grandchildren and heirs.

Arkly and Vandiver Gaw, two of the children of said Elias Gaw are dead, leaving issue names, age, sex, residence unknown to complainant, supposed to be residing in the State of Missouri.

Armel Gaw is Administrator of the estate. Elias Gaw at his death left little personal property, insufficient to pay debts and burial. Request court order land sold. At his death, Gaw owed J. C. Terry $50.00 plus interest.

At his death, Elias Gaw was one-half owner of land where he lived at his death in the 1st District of Jackson Co, TN, on the Cumberland River known as the old Thomas Gaw place, bounded on the south by J. M. Morgan and wife, west by the river, north by second tract herein described, east by W. N. Pharris.

Tract 2: Bounded on south by above, east by W. N. Pharris, north by William Loftis, west by the river, known as Buckhannon or Butler place.

Tract 3: [Blank] District, bounded on north by heirs of Isaac Adcock, deceased, the Hilham Lumber Co and the heirs of Uriah Stafford deceased, on the east by the lands of M. L. Gore and M. G. Butler and Daniel and Harrison Johnson, South by the lands of Thomas Berry & John Smith and on the west by the lands of W. Warren & others & the lands of G. B. Murray & M. G. Butler. Not suitable for partition. M. G. Butler, Sol.

ANSWER: Armel Gaw and Ambrose Gaw to Bill of Complaint filed by J. C. Terry. Deny that Elias Gaw died seized and possessed of one-half interest in land set out...had no interest whatever in 2nd tract. This belongs to Armel Gaw, owned and controlled by him since 1877, deeded by R. V. Brooks, Administrator of R. P. Brooks deceased and by Elias Gaw on 22 Nov 1884, owned and controlled by him since 1877...deed registered Book D, page 137.

Elias Gaw and Armel Gaw together bought out Thomas Gaw heirs. Elias Gaw owned one share in his own right until his purchase from children and grandchildren of Thomas Gaw amounted to 157/200. Armel Gaw bought out and owned 43/200 of the estate. The whole estate was devisable into 216 parts, but two of the grandchildren of Thomas Gaw were deceased or gone from the country, one of whom would have owned 12/216 and the other 16/216, covered by conveyances of other heirs and reducing the sum to 200.

Tract 3, Armel Gaw owns 91/200 and Elias at his death owned 109/200. Elias Gaw borrowed money to pay for the Cynthia Smith share.

At the time of death of Elias Gaw, respondent [Armel Gaw] was owner of 1/9 of Elias Gaw's part, and owner by purchase of two other shares, being those of Emily Gipson and Olympus Gaw.

Exhibit A: Title Papers of Elias Gaw that came to Armel Gaw's hands:

1. J. G. Ellet
2. T. R. Hoten and wife
3. John Rutledge and wife
4. J. G. Smith and wife
5. Wiley Gaw and wife
6. J. R. Rhatan and wife
7. Thomas Gaw and wife
8. Henry H. Gaw and others
9. Edmon K. Rose and others
10. Arminda Holman
11. Jefferson Clark & wife

River Tract:

1 - Armel Gaw - 29 acres
2 - Arabella Terry 9 acres
3 - Clovis Gaw 8 acres
4 - Missouri Gaw heirs 6 acres
5 - Wiley Gaw 6 acres
6 - Ambros Gaw 11 acres

Tick Tract (both sides of Risk road)

1. Armel Gaw 54 acres
2. Ambrose Gaw 80 acres [Clovis Gaw marked through here]
3. Arabella Terry and Clovus 35*
4. Crib hollow 37 acres [no name]

[Bottom of page is written "Clovus sold to J. C. Terry". Map of property/owners is filed as exhibit].


[NEW CASE] JACKSON CO, TN CHANCERY COURT 1888-1891

TERRY, W. C. & wife
vs
WEBB

[Note: The will of W. C. Terry was probably misfiled years ago with court cases.]

LAST WILL & TESTAMENT OF W. C. TERRY, 4 NOV 1919

I, W. C. Terry, being of sound mind and disposing memory and knowing the uncertainty of life and certainty of death, do hereby make and publish this my last will and Testament, hereby revoking all former wills by me at any time made.

First, I will that my two children to wit- Major Raggio Terry and Evalien Richmond Terry, All of my Real estate, that I may die seized and possed of, to be absolutely theirs, for their support, Education and sustenance, until they become Twenty One Years of age, then it is my Will that at that time all of my Real Estate that I owned at the time of my Death, be Equeally divided between all of my children to wit-

Philander Terry or his Heirs; Vicktory Irwin or her heirs; Avo Terry Johnson or her Heirs; Lean Terry Johnson or her heirs; Jas.Perry Terry, or his heirs; Emma Dale Terry, or her heirs; Major Raggio Terry and Evaline Richmond Terry,

Second. I will and beqeuath to Major Raggio Terry and Evaline Richmond Terry, Two Feather Beds, and sufficient Covers for same, being the same Beds that I purchased from my Daughter Lean Johnson Terry, when she started to California, also I give to my two said children Major Raggio Terry and Evaline Richmond Terry One Horse each and Milch Cow each, having given all my other children one Horse and Cow each.

The reason that I give to my children Major Raggio Terry and Evaline Richmond Terry, all of my Real Estate until they are 21 years of age is because I have no other means for their Support and education.

Third.

It is my will that my Wife Lou Haile Terry, be supported by my Real eatste, provided that she remains my Widow, until my our said Children become 21 years old, at which time as I have heretofore mentioned that I desire and it is my Will that at that time all of my real estate be equeally divided between my children heretofore named.

Fourth.

It is my will and desire, and I hereby nominate constitute and appoint my said Wife Lou Haile Terry, to be the Executrix of this my last will, and Testament, to execute and carry out same without bond, she to qualify as required by law other wise.

and in case that my wife Lou Haile Terry should not remain my Widow, then in that event, I hereby nominate, constitute and appoint G. Lee McGlasson, as the executor of this my last will and Testament, he to give Bond and otherwise Qualify as required by law, to execute and carry out this my will and Testament.

Fifth.

It is my will and I so desire that, when my two said children to wit Major Raggio Terry and Evaline Richmond Terry shall reach the ages of 21 years, that my Real Estate be sold by my Executrix or Executor, at public or Private sale, and the proceeds of same to equeally divided among all of my Children.

Sixth, It is my desire that all my Funeral and Burial Expenses be paid out of any funds that I may have on hands at the time of my decease, as soon thereafter as practicable.

Seventh.

I hereby empower my Executrix or My Executor, to make to the purchaser or purchasers of my said real estate a Deed or Deeds to same.

Eighth.

I dessire that the Tanne Hill Lodge Number 133, look after the welfare of my children, until they reach their majority and that they burry my Body regular Masonic Order.

This Nov the 4th, A.D.1919. [*]

[Signed] W. C. Terry

Signed and acknowledged in the presence of us the witnessess, and in the presence of each other, and in the presence of the Testator, and at his request on this the 4 day of Nov 1919 [Both witnesses sign] J. L. Reeves, G. Lee McGlasson

[Written at bottom] admitted to probate Dec - 10 - 1921, in open court.

[Signed] David Hall [?Title]

[Written in margin] See book of Wills E & Minute Book "p", 523 & 4

[* NOTE: Typed date May the First, A.D.1919, then "Nov...4th" written over].


[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY 1888-1891

TERRY, W. C. and W. C. TERRY
vs
WEBB, W. D. etals

Bond for Title, John Hawkins to James Terry. Tract of land north side of Roaring River, 25 acres at top of Busards [sic] hill where he now lives bounded by James Terry land. Void if I make deed to James Terry when he pays for same. 15 Aug 1858.

GUARDIAN SETTLEMENT. G. W. Webb, guardian of J. D. Webb and M. D. Webb, minor heirs of J. M. C. Webb, deceased. 1 Jan 1887.

Last settlement made 1 January 1884.

[Signed] G. W. Webb, Guardian

SUMMONS: To G. W. Webb, gdn of J. D. Webb and M. D. Webb and S. S. Webb, to make final settlement Monday 24 Jan 1887. G. W. Webb, settlement with John D. & Mary D. Webb, minor heirs of J. M. C. Webb, deceased.

DEPOSITION: W. C. Terry, lawful age, knew James Terry in his lifetime, was raised by him. He began procedures for adopting & legitimising W. J. Terry and myself as lawful heirs, drawn by B. B. Washburn. Petition filed before court house burned, don't recall when. Was present when petition presented to court, no opposition made, understand court order made. B. B. Washburn now dead. He died before the fire and before James Terry died. During James Terry's lifetime he claimed and recognized W. J. Terry and myself as his children. James Terry did not have any legitimate children before petition spoken of was drawn. [Signed] W. C. Terry

DEPOSITION: M. B. Young, was Deputy Clerk 1870 and 1870, such a petition may have been filed, does not recollect. [Signed] M. B. Young

DEPOSITION: E. C. Stamps, was member of Quorum of County Court, believes also James Eaton and James Richmond were. To his recollection, petition to adopt was adopted and on minutes.

Question: Was Mrs. Webb made an heir jointly with them?

Answer: Not that I recollect...not positive. I was elected for year 1871, believe term ended before fire. [Signed] E. C. Stamps

BILL OF COMPLAINT: Sarah Terry Sr. of Jackson Co, TN sues by her guardian Washing [sic] A. Whitaker of said county. John H. Hawkins & wife Sarah Hawkins, William R. Webb and wife Rebecca Webb, Nancy Terry and Elizabeth Terry, all of Jackson Co, TN. Oratrix was the widow of John Terry deceased, who departed life [blank] day of [blank] 1859, intestate, widow unprovided for. John Terry owned land in Dist 9 on Roaring River:

Tract 1: [metes/bounds include trees, no names].

Tract 2: Purchased of Ben Chapman on the south side of Roaring River being 15 acres on east boundary line of 15 acre tract granted to John Chapman.

Tract 3: Tract by deed made to Nathan Hawkins, estimated 20 acres.

Tract 4: Entry from A_____w Hampton, 50 acres on both sides of river.

Oratrix states prior to John Terry's death, to wit about 20 Jan 1858, said Terry fraudulently tried to deprive Oratrix of dower, conveyed above tracts to his daughters Sarah Terry who since married John H. Hawkins, and Elizabeth Terry and Nancy Terry. No monetary consideration, love and affection. Oratrix is indigent.

Washington H. Whitaker is their appointed guardian and also guardian of Oratrix. Dated 27 June 1860.

DECREE: Sarah Terry Sr. by Guardian vs John Hawkins & Sarah Hawkins, Wm R. Webb & Rebecca Webb, Nancy Terry & Elizabeth Terry. Cause heard 16 August 1860. Defendants failed to answer complainants' bill. Judgment pro confesso. E. A. Craig appointed guardian ad litem of Nancy Terry who is an idiot. Said guardian filed answer of Nancy. Decreed the deed be set aside and widow awarded one-third share in dower.

ORDER TO LAY OFF DOWER: Sarah Terry, widow of John, deceased, 74 acres including house & all improvements of 398 acre tract [map on film]. 21 Sep 1860.

ANSWER OF E. A. CRAIG, Guardian ad litem of Sarah Terry, Nancy Terry and Rebecca Webb to Bill of Complaint of Sarah Terry. Complainant is their mother and the widow of John Terry. Respondent is informed that his wards Nancy Terry & Sarah Terry adjudged to be idiotic. [Signed] E. A. Craig, Guardian

NOTICE OF DEPOSITIONS: 28 December 1888, to be taken at house of Asa Johnson in Jackson Co, TN of Mary Ann Jackson, J. J. Maberry, Martha Maberry, Amanda Overton, Polly Lynn, James Lynn, Joseph Lynn, J. P. Whitiker, Matthew Philpot, E. Philpot, Jefferson Maberry, William Lynn, Elizabeth Johnson, Jessie Allen, D. [blank] Allen. At same time and place cross-examine George Lee, Jesse Eldridge, Mahda Hawkins and Austin H. Morgan.

[Signatures all by same hand, "Per John P. Murray & Son, Sol"]

[Signatures by Murray & Son]: J. D. Webb, Mary D. Webb, J. D. Webb, Guardian of Mary D. Webb, Sarah Lee, W. D. Webb

NOTICE OF DEPOSITIONS: 30 August 1890 before Clay Reeves, Circuit Court Clerk of John Dailey, R. B. Smith, John Phillips, Sarah Smith & Malinda Green.

DEPOSITION: Jno Dailey about 36, knew John Terry. Tilman Terry bought a horse from John Chaffin or Widow Chaffin. James Terry was Security. Terry asked Fate Robinson if he could get out of paying the debt...said name was Jim Green, not James Terry, getting old, didn't get benefit, nothing to spare. He said he was said not to be old John Terry's son. Was in presence of Fate Robinson & James Williamson. Fate told him he couldn't unless he had always signed his name as James Green.

I am a grandson of Curry Lee. I heard grandfather Lee speak of having been in the war with John Terry [War of 1812]. Heard grandmother say James Terry was illegitimate. My mother and Uncle James Terry was cousins. As recollect, Grandfather Lee died about 20 years ago. Grandmother lived 6-8-10 years after...both old when died. I live on Asa Johnson's land, have since about first of last April. Moved from Enoch Jackson place, which belonged to the heirs of Enoch, I supposed. John [his X mark] Dailey

DEPOSITION: R. B. Smith, age about 52. Knew James Terry very well, John Terry some. Heard James call John his stepfather in 1869 when working for John Terry. I married in 1870. I was recommended as knowing how to handle tobacco, I had just come from Kentucky, worked in Kentucky tobacco the year before. [Signed] R. B. Smith

DEPOSITION: John Phillips for defendant. Am age 45, knew James Terry in lifetime. He was an uncle of my wife's. He and my father in law and myself were talking, James Terry said he supposed he was a woods colt. I have been related to him 18 or 19 years. Old man Fry from Gallatin, a stock trader, would stop at James Terry's a lot. He told me Jim was a woods colt.

I was raised in Overton Co. about 6 miles from James Terry, lived there all the time. Joe Hawkins is my father in law. James Terry married a sister of my father in law. Joe Hawkins and Asa Johnson are brother-in-law. Asa Johnson is the same relation to my wife as James Terry was. [Signed] John Phillips

DEPOSITION: Sarah Smith about age 70. Came to this county a few days before Christmas 1838...to this county, not neighborhood. Lived where Jim McGee now lives, about 6 miles from where John Terry lived. Martin Sims lived about one mile further. One or two years before I got acquainted with John Terry's family, Mrs. McCarver told me James Terry was born 2 or 3 years before John Terry married his mother. John Terry was good to send him to school. Mr. McCarver was a teacher. Old Mrs. Anderson and Mrs. Smith said they heard John threaten to kill and hang James because he was no child of his. Sarah [her X mark] Smith

DEPOSITION: Malinda Green, legal age. Knew John Terry and James Terry. She and James Terry about same age. John Terry when he and James were quarreling said he, James, was so mean didn't believe a drop of Terry blood in him. Eddin [Edwin] Terry remarked just as apt to be Terry blood as any other. Eddin Terry was a brother of John Terry's. [James] Terry was married to Cook Terry's mother when the quarrel took place.

First place I can recall living was at Owl Cove where Kinner Hawkins now lives, moved from there to where Francis Loftis now lives. Where John Terry lived and died is land now in controversy. My husband [Jo/Joseph Green] has been dead about 43 years. I moved off to White Co. Malinda [her X mark] Green

NOTICE OF DEPOSITIONS: Dillard Webb and Martha Webb to be taken 20 May 1890.

DEPOSITION: William J. Anderson age 80, knew John Terry. When John first settled in Jackson Co. I was but a boy. 29 Jan 1889. W. J. [his X mark] Anderson

DEPOSITION: Clabe Jackson, think about age 65, father's bible destroyed. Know James & John since I was old enough to plow, was about 12 or 13 years old. I lived about 2-2 1/2 miles from them. Worked at John Terry's cutting corn stalks. John Terry had two sons, Jim and Levi. Jim was oldest. Don't know when John Terry died. I got near grown and moved off to Blackburn's Fork. Asa Johnson married a daughter of one of my cousins. 29 Jan 1889. Clabe [his X mark] Jackson

DEPOSITION: Alex Hawkins, about age 62 to best of my knowledge, bible records destroyed during the war. Knew John Terry and his sons Jim and Levi. Went to school some with Levi. Seems like he could read and write. Alex [his X mark] Hawkins

DEPOSITION: Fannie Henley, will be 63 the 4th July. Raised Dist 9 close to mouth of Spring Creek. Jim Terry married my sister. Knew John Terry's family. Knew Sallie Terry, wife of John Terry. My sister was four years older than me, and Jim Terry was I suppose a little older than her. Never heard Jim Terry was illegitimate until this lawsuit. John Terry hired Jim Terry to my papa to gather corn and harvest wheat.

Heard John Terry in his life say he had given William Webb and his wife 50 acres, and that was all he intended to give them. Said would not be more than that much around for his other children. John got mad about Webb selling the land to Joshua Young.

Question: Say whether John Terry ever proposed to you to stay there with his wife and idiot daughters after his death.

Answer: Yes...said he would put it in writing. Wanted me to see that Mrs. Terry did not get burned...she was fitified [Possibly epilepsy?] ...that property would be sold and divided between Jim and the three daughters - that Webb's wife had already received her share. Wanted me to watch his wife and girls who had become deranged and had to be kept tied sometimes.

I remember James Terry had Will and Cooke Terry adopted - been 18 - 19 years. James Terry said it cost him $13.00. Said they were born before he married, and they could not get what he had unless adopted. He had no children born in wedlock.

Asa Johnson came to my house and said he had sent out to Arkansas and had depositions of [?]Poney Asa Lynn and Wm Lynn.

Will was about two years old and Cooke about two months old when Jim Terry married my sister.

Other than James Terry, Rebecca who married William Webb was the oldest. Jim was about 18 months older than Becky.

I have seen John Terry's mother. She did not stay at John Terry's all the time, but they fetched her there. She lived with John Terry and Edwin Terry. 29 Jan 1889.

Fannie [her X mark] Henley

DEPOSITION: W. C. Morgan, will be 44 Feby next. John Terry died when I was about 15. Knew Jim, lived about one mile from them when I was a boy and lived with my father. After I married, lived about 300 yards from him. Jim Terry was tolerably educated, enough to teach school. I am a son of Austin H. Morgan. 30 Jan 1889.

[Signed] W. C. Morgan

DEPOSITION: W. H. Whitaker age 64, live Jackson Co, occupation farmer. Knew John Terry and wife Sarah, lived two miles from them. Was guardian for Elizabeth, Sarah and Mary [?Nancy], children of John. Also guardian for wife of John after his death. Bill filed to set aside deed to Elizabeth, Sarah and Mary filed 27 June 1860, Rule Docket 1, P. 232. Parties John F. Hawkins and wife Sarah Hawkins, formerly Sarah Terry, Wm R. Webb and wife Rebecca Webb formerly Rebecca Terry, and Nancy Terry and Elizabeth Terry.

Had a conversation with Cooke and William Terry about bringing suit. They said the Richards and Wm Jackson case was similar. Said Richards was one-half brother to Jackson and that their father Jim was a one-half brother to Sarah, Nancy and Elizabeth Terry - that Richards had gotten Jackson's estate and that they would try to get these girls' estate on the same footing. [Signed] W. H. Whitaker

Depositions certified by court clerk 30 Jany 1889.

DEPOSITION: W. D. Webb, will be 24 June next, been married something over five years. Not a party to suit - sold out before suit began.

Question: State your relationship to old man John Terry, Wm Webb & John Webb, all now deceased.

Answer: John Terry was my great grand father. William Webb was my grandfather. John Webb was my father.

W. D. Webb states he had John Terry's family bible, covered with hide with hairs, supposed to be fawnskin. Asa Johnson's wife is my mother, and the widow of my father John Webb. My mother gave me the bible. Had the name of James Terry, though in a different place from the others. When I got it there was old dim writing. Mr. Johnson examined it and said there was nothing that would help him...carried it off. Had me summonsed, but told me to stay home and say I was sick. Told me to come the first day, stay home the second and he would say I was bleeding at the lungs [Note: Several persons in Jackson County had tuberculosis during this period - mlj].

The dim writing was lost while I had the book, gone when Asa took it. Believe child may have torn out pages with dim writing, back was lost and guess got burned.

Understand from family that James Terry was my half uncle. Think they said he was a one-half brother to my grandmother. My grandmother was a daughter of John and Sallie Terry. John and Sallie's daughter Sallie lived with my mother before my mother married Asa Johnson and a while after. My step father is Asa Johnson. [Signed] J. D. Webb

DEPOSITION: M. B. Webb, am the wife of J. D. Webb [Notice of Deposition lists Dillard Webb and wife Martha Webb]. Had the bible, listed John Terry, Jim Terry, Bets Terry and Nance Terry, do not recall others. They appeared together on the back side of the book. James or Jim Green not listed. Was old dim writing. Asa Johnson looked at it, left at our house. Some time later Mr. Johnson carried it away. Names were not there when he carried it. Mrs. Johnson suggested I say Jim's name appeared as Jim Green. The record of my child was in the book, though I never got it back. Names were wrote on a leaf in the back. Manda Overton stayed with me about a week after my last child was born. Never said to her or anyone James Green's name was in the bible. 20 May 1890. [Signed] B. M. Webb

DEPOSITION: John Webb, taken at store house of James G. Bridges in New Middleton, Smith Co, 18 April 1889. Age about 70, occupation miller. Lived Jackson Co until moved to New Middleton 42-43 years ago. Knew John and Sarah Terry, was at John Terry's, heard quarrel with his wife about him visiting Rachel Buckboard [have seen this spelled Beachboard - mlj]. John Terry had set up poles so he could find his way back home from Rachel's at night. Me and James were great cronies so we took down the old man's poles at the forks of the paths and put them on other paths and carry him to a place on the hill where he could not get down. He went to Rachel's, was misled by poles being changed, did not get home until daylight. John Terry thought his wife had got us to do it. She said if it was his own son Levi he would have took it as a joke.

Question: Have you heard said who was James' father?

Answer: Yes, been so long don't remember. James Terry didn't resemble others in family. John [his X mark] Webb

PETITION TO REHEAR CASE: W. D. Webb and others to rehear. Court in delivering opinion cited positive testimony of Martin Sims, which they say cannot be relied on. Sims says the first he ever knew of John Terry was at the date of Jo Terry's marriage, which he says was in 1817, and he there heard them talking of Owl Cove John Terry. Wedding of Jo Terry was 29th June 1818. If he did not know John Terry until 1818, then he did not know them in 1814 and 1815. Marriage record more reliable than memory as to date of birth. See P 3 of Sims' deposition regarding John Terry..."My notion he came to Jackson County in 1814 or 1815". [Signed] Murray & Son, Sol.

DEPOSITION: Martin Sims at home of Milton Owens, Putnam Co, TN 18 Oct 1889. Going on age 90, born 1800. Lived Overton Co four years. Moved to place near [cannot read] where Lige Peak now lives. Moved near John Terry from 1816, lived there until 7 or 8 years of age. Knew as Owl Cove John Terry. Jo Terry came home from the war and married in 1817 and I was at the infair and they were talking about Owl Cove John Terry claiming he was kin with them and them denying it. There was a John Terry the son of Jimmy Terry and to distinguish them one was called Owl Cove John Terry. I was 17 when I was at the infair and never forgotten about them not being willing to claim kin with Owl Cove John. My notion is John came to Jackson County in 1814 or 1815. In 1815 he was sure here, and was married then. Always heard James was the son of John. My father died September 1816. Dated 16 Oct 1889. Martin [his X mark] Sims

DEPOSITION: Elizabeth Rogers age 71, live Jackson Co. Knew John and Sarah Terry when I was small to their deaths.

ASA JOHNSON, Guardian of Mary D. Webb, states no money from her estate has come into his hands. Dated 20 July 1895.

DEPOSITION: Austin H. Morgan age 74, lived Jackson Co all my life. Knew John Terry and wife from age 5. John Terry died 1859. W. C. Terry and W. J. Terry are children of James Terry's first wife. They were very small when their mother died. James, W. C. and W. J. Terry lived with John Terry while James was a widower. I was Minister of the Gospel in latter part of John Terry's life. He could not read and came over often for me to read the Bible.

I wrote the deed for John Terry to his daughters Elizabeth, Sally and Nancy. He said he was afraid his son-in-law Webb would turn them out and he believed Jim would treat them right. He said they were idiots not capable of managing. [Signed] A. H. Morgan

DEPOSITION: Amanda F. Morgan, will be 62 in December, am wife of A. H. Morgan. My husband was a merchant. John Terry did business with him.

DEPOSITION: Malinda Green, age 69. My husband was Jo Green. He said he was a brother of Sallie Terry.

DEPOSITION: James Anderson age 51, own Anderson Store in DeKalb Co, TN. Dated 18 June 1889.

DEPOSITION: Margaret Jacquess, live Bloomington, age going on 55. Sallie Terry, James' mother, said James was not John's son, born before they married. It was said at Jim West's. My mother in law and sister in law, Peter Allen's wife, were doing the talking. My parents were William Martin and Leatha Martin. Peggy Martin is what they called me before I was married. Been married three times. 1st John Rush, 2nd Wm King, 3rd Old man Isaac Jacquess, now am a widow. First married 38 years ago, 8th December. My husband lived about six years. Married about one year after my first husband died and he lived about four years after I married him. Married Isaac in September 13 years ago and he died about 12 years ago. Old uncle Bobby Nelson, now dead, was present when they said he [James] wasn't John Terry's son.

Stayed at Old aunt Betty Lynn's, old Davey Lynn's wife, while I was widowed the second time, before the late war.

DEPOSITION: William Linn, live Bee Branch, Van Buren Co, Ark, age 62. Heard John Terry say James Terry not his boy, but was James Green. 17 December 1888.

Attest: D. M. Linn Wm [his X mark] Linn

DEPOSITION: Asa Linn [Lynn], live Bee Branch, Van Buren Co, Ark, age 66. Heard William Hawkins say James Terry was not John's boy. James Terry was William Hawkins' son-in-law. 17 December 1888. [Signed] Asa Linn

DEPOSITION: Dr. Lafayette Robinson taken at residence of W. G. Cox in Bloomington, Putnam Co, TN 19 April 1889. Am age 38, live Putnam Co, occupation Physician. Lived near James Terry 1877-1878. [Apparently started to sign his name "L. B. Ro"; marked through] [Signed] Lafayette Robinson

DEPOSITION: Elizabeth Murphy age 51, same as gave earlier testimony. My first husband was Wm Terry, married in 1859. My first husband was a son of Edin Terry who was a brother to John Terry. Heard Edin Terry at one time say that James Terry's father was a [?] Lawsen. James married my sister. They married when I was small. I was going on 20 when I married. John said James was born 7 or 8 months after he married.

DEPOSITION: Thomas Murphy age 53. Elizabeth Murphy is my wife. She had three children, one by her first husband and two by me. My wife's cousin is James Lynn. James Lynn is married, has 4 or 5 children.

W. J. Terry married my wife's sister. James Lynn is Asa Johnson's uncle. Asa Johnson and my wife's mother were first cousins. [Signed] Thomas W. Murphy

BILL OF COMPLAINT: W. C. Terry and Wm J. Terry against G. W. Webb, W. D. Webb, Sarah Lee, Dillard Webb, Mary Webb, Stanton Webb, Houston Webb, Polly Terry and A. H. Morgan, Admr of James Terry decd all of Jackson County except Houston Webb of Overton Co.

Orators are sons of James Terry, born before marriage of James Terry, and mother Polly Terry is the widow of James Terry. Defendants except A. H. Morgan and Polly Terry are children of Rebecca Webb, except a deceased sister of said deceased. Dillard Webb and Mary Webb who are children of John Webb, a deceased son of said deceased sister.

James Terry filed a petition acknowledging paternity, had raised them, asked for decree of adoption, had no other children. Decree was issued, court house burned. James Terry died 12 June 1883. Owned land 9th District bounded by land formerly owned by John Terry and Joseph Loftis known as Edden Terry farm, Mart Philpot, perhaps others.

Defendant Stanton Webb, Dillard Webb are minors and defendant G. W. Webb is their guardian. Dated 16 August 1883. W. J. [his X mark] Terry

PETITION TO ADOPT: James Terry states he is very old, wife old, no children born wedlock. Two children not born wedlock are Watson Cook Terry and William Jasper Terry. His wife is the mother of a daughter by a former husband, who they have raised, Martha Maberry. Martha Maberry is the wife of Joshua J. Maberry...wishes to adopt all three. 4 June 1883. [Signed] James Terry

PETITION: John Hawkins died intestate in Jackson County [blank] year. Austin H. Morgan, Admistrator. Amanda Overton is his widow, since his death she married William Overton.

John Hawkins died 1859. Sarah, Elizabeth and Nancy Terry died without issue. James Terry and Rebecca Terry were children and heirs of John Terry. Rebecca Terry died many years ago.

NOTICE OF DEPOSITION: Carr Terry and wife Emeline Terry, James Smith, Washington Terry and Nathan Bartlett to be taken 19 December 1889. Margaret Jacquess and Annie Bartlett to be taken 20 December in Putnam Co, TN.

DEPOSITION: George Lee age 77. Born 1811 in Jackson Co, TN. Moved to Mississippi, don't know when, back to TN, don't know when. Was already married when he moved to MS, been married 5 or 6 years. Moved back to TN about 1850 maybe - not sure. Don't know how long I've been married. Knew James Terry. I was older than James Terry. George [his X mark] Lee

DEPOSITION: Mary Lynn, age 63, live Roaring River, Jackson Co. Am called Polly. Asa Lynn is my husband, married about 1840. Was born and raised in Fentress Co, TN, married Jackson Co, was here about two years before marriage. Known John Terry since moved here.

Question: Has it not always been the reputation in the family and in the neighborhood that Cook Terry is a Morgan and W. J. Terry is a Lynn?

Answer: It has with some. I do not know that it is with all. Mary [her X mark] Lynn

DEPOSITION: Rebecca Mayberry, was born 1820. Live in Jackson Co. John Terry had a son named Levi, dead now I reckon. R. W. Allen is the father in law of W. C. Terry. Mary [her X mark] Lynn

DEPOSITION: Mary Ann Jackson, age 58, live in Jackson County. Wm Webb is known as Hooter. He is the husband of Rebecca Webb, daughter of John Terry. Asa Johnson's mother and my mother are said to be cousins. I am a second cousin to James Terry's last wife. Mary Ann [her X mark] Jackson

DEPOSITION: Joseph Lynn, age 64, live Jackson Co. Asa Johnson is my nephew and William Terry's wife is my cousin. Jim Terry has always gone by the name Terry. His mother's name was Green before she married.

I think Cook and W. J. Terry's mother was Dica Hawkins. John Terry was dark complected and Jim and Sally were fair. Understand W. J. Terry was a son of Joel Lynn. Think Joe Lynn's wife had a child before marriage. She was getting up in years when they married, about 45. He was reported to be the father of Will M[cannot read; could be Morrel's] wife and W. J. Terry. [Signed] Joseph Lynn

DEPOSITION: Amanda Overton, age 60, live on Roaring River. Am the widow of John Webb. John Terry was my first husband's grandfather.

When Bill Webb give the girls up to John Webb my husband he also gave the family Bible of John Terry's and when this suit came up I gave it to my husband Asa Johnson. Have heard Mr. Johnson say if I was to ask for it I would not get it back. Dated 19 December 1889. Elizabeth [her X mark] Johnson

DEPOSITION: James Lynn, age 58, live Jackson Co. Knew John Terry all my life, lived 1-3 miles of him, worked for him 3 years or more. John and Mrs. Terry said James was not John's son, born before they married. Jim Terry sold my brother a colt, and it seems to me he said he wanted to see his father - his father could help him if he would. Said his folks lived back where him and his mother came from. I think he started and went as far as White county and came back. I do not think he got all the way. James Terry's last wife and myself are first cousins. Asa Johnson's mother is a sister of mine. Elizabeth Johnson, Asa Johnson's wife, has children by her first husband John Webb. Polly Lynn who gave testimony is Asa Johnson's step grand mother, they are no blood kin. I am a cousin of W. J. Terry's wife as I have always understood. We are brother's and sister's children. I am not related to the Webb heirs. James [his X mark] Lynn

DEPOSITION: Martin Philpot, age 35, live Jackson Co. Knew John Terry, worked for him three years, lived within one mile. He came to my house once and commenced talking about raising Noah Gentry and said he was a heap better to Noah than he had been treated.

Question: Had Curry Lee married one of the Webb heirs?

Answer: I do not know who he married. Martin [his X mark] Philpot

DEPOSITION: Emmaline Philpot, age 47, live Jackson County. Knew James Terry, lived within one mile. Emmaline [her X mark] Philpot

DEPOSITION: A. H. Morgan, am the same who gave deposition earlier. Sallie Terry, the daughter of John Terry, married John Hawkins.

Question: Did you ever advise or councelor [sic] Sallie Hawkins that if she would have a baby, it would heir all John Terry's estate...to fake pregnancy?

Answer: Never on this earth, and if any body says so they simply say what is untrue.

It is probable I am related to some of the parties [to suit]. I am a cousin to Asa Johnson...Curry Lee a second cousin I suppose. Asa Johnson's wife is also related about 1/3 cousin I reckon.

Question: Are you not the father of complainant Cook Terry?

Answer: I cannot say whether I am or not. He passes for my son and I so recognized him and treated him as such, though I do not know how this is and will not swear that he's my son.

Q: Do you not feel a deep interest in this for your son Cook Terry?

A: No sir, no further than the honest truth is concerned.

Morgan stated he lived about one mile from Sallie Terry, wife of John, when she died, was at her burying. Fell in the fire and got so badly burned that they said she died from the burn a short time afterwards...guess about 20-odd years ago and likely in time of the war. After John Terry died, Jim Terry kept her about a month and maybe more. She was not living with him when she died. He would have kept her, but his wife Polly was not willing. When she died, Sallie was living with three of her children in a little house across the branch from where Curry Lee's widow now lives. Bets and Sary Terry both very fair complected, Nance and Sal both rather dark. Becky was not so dark as Nance and Sal. None favored John Terry except Betsy.

Believe, but not sure, John Webb was married at old woman's death. Saw the record of adoption before the fire, seemed all right. Am not a lawyer, but have had a great deal to do with winding up estates. [Signed] A. H. Morgan

DEPOSITION: Wm Lynn age 35, live Jackson Co, occupation farmer and blacksmith. Was talking to Asa Johnson about estates, Asa said he told Jim Terry it looked like he [Jim] had raised Cook and Wm Terry and Martha Mabery. Lynn stated he was a cousin to Asa Johnson, tended his mill about a year. Wm [his X mark] Lynn

ANSWER: A. H. Morgan, Administrator, to Bill of Complaint of W. C. Terry and William J. Terry.

Suppose is true that complainants are illegitimate children of James Terry, defendant Polly is his widow, James died owning land and it is necessary to sell to pay debts and year's support for widow. Dated 27 September 1883. [Signed] A. H. Morgan

ANSWER: Austin H. Morgan, Admr of John Hawkins decd and Samuel Hawkins, Henry Hawkins, Wayman Hawkins, Margarette Hawkins, Eliza J. Hawkins and Martha M. Hawkins by their Guardian A. H. Morgan to Bill of Complaint of James Terry. Respondents bought land, paid balance as stated. A. H. Morgan is Administrator of John Hawkins, deceased and guardian of minor heirs, as is his widow who since intermarried with Wm Overton. [No date].

DEPOSITION: A. C. Terry states was raised on Roaring River, is the son of Edwin Terry. My father was the brother of John Terry. My father died 13 July 1880. Father said John Terry was older. My understanding is that my father said he left South Carolina and came to this country in 1816. Uncle John Terry came here first. Both always lived in the same neighborhood, District 9, Jackson Co. No one in my family could write much - went to James Terry to get him to write. Father spoke of Uncle John going off and leaving him with his mother to bring. Father seemed to be troubled more with his mother than Uncle John in conversations we had.

After I married, my father moved to my house in Jany, Feb or Mar 1878, staid [sic] there about one year. Father was 21 or 22 years old when he came here. Too young to go into War of 1812, he was 16 or 17 then and his mother wouldn't let him go. His brother John did go to the war. John treated James the same as his other brothers and sisters. James called my father Uncle Edwin. Jim favored his sister Bets. Father said they took after their mother who was a Green.

I am the brother in law of Cook Terry. We married sisters. [Signed] A. C. Terry

DEPOSITION: Warren Morgan, age 39. Knew Martha Lee, who gave her deposition. Knew James Terry, lived about one mile of him until I was 22 years old, then I married and moved to Overton County, staid there ten years, moved back to within two miles of James Terry.

Question: Are you not a half brother of Cook Terry?

Answer: I never was taught so, but have heard it spoke of. My father is A. H. Morgan. [Signed] J. W. Morgan

DEPOSITION: Frank M. Irwin age 27. I am the son in law of Cook Terry. Talked with Margaret Craig, a witness, at the residence of Josiah Jackson in Overton Co. She said John and James Terry used to live on Spring Creek, that she came to know them when they came to rent on Roaring River. Said she couldn't recollect whether she ever heard James Terry was not John's son, that she had been moved away 42 years, and told Asa Johnson that when he came to see her.

Question: Do you know Jesse Eldridge, commonly known as Rauter.

Answer: I do...went there last fall with Will [Terry]. Eldridge was timid about talking at first, and Will said go ahead and talk in front of him, meaning me, he's family.

Eldridge said he knew of evidence that would benefit Mr. Johnson...told us if we'd pay him $30 he would not let Mr. Johnson have the benefit - that he could get $25 from the other side. Said he would take one-half in money and the balance in flour and wool roles [sic]. I told him I would make no such trade, that I would tell Cook and if he wanted to he could. He said don't say anything about it, that Mr. Johnson would find out. I went with Will because he didn't know the way. I told W. C. Terry about it, and he said a man he could buy he had no use for, that he'd sell to the other side too.

Question: Regarding your conversations with Mrs. Craig, are you positive what she said?

Answer: Mr. Jackson, her son in law, has known me all my life and when I went up there to make pictures, he [Jackson] asked me where I lived, and said Mr. Johnson was up from that neighborhood. [Signed] F. M. Irwin

[Adjourned, resumed August 15, 1889].

DEPOSITION: S. L. Johnson age 46, live Roaring River, District 9, Jackson County. Knew Edwin and James Terry. I am a brother to Asa Johnson. Wm Terry's wife and me are cousins.

Esq. Labe Loftis is Henry H. Loftis' father. I was in town, heard part of a case where Edwin Terry's boys had killed some of Will Terry's shoats.

Question: Now don't you know it a fact that Will was born before his mother James Terry and that he was said to be a Hawkins, and that was used as grounds to dismiss?

Answer: Heard it said that Joel Lynn was Will Terry's father. [Signed] S. L. Johnson

DEPOSITION: Archibald Loftis, will be 64 the 11th of October next. Knew James Terry, lived within three miles.

Question: Who have you heard speak of James Terry's parentage?

Answer: Old Uncle George Lee, old man Curry Lee, Mrs. Lee (Curry's wife), think Joel Curtis and his wife.

Question: Are there many old people in the neighborhood?

Answer: Lived close to Job Morgan, A. H. Morgan's father. My father lived about four miles from John Terry.

Know A. H. Morgan and wife Amanda Morgan. Archibald [his X mark] Loftis

DEPOSITION: Wm Lynn, will be 47 next September, live Spring Creek on Roaring River. Am son in law of Asa Johnson. Cook Terry's wife and my first wife are first cousins. Knew James Terry; year war commenced lived just across the river, about 600 yards. Edwin Terry was A. C. Terry's father.

Had a conversation with A. H. Morgan at his store, he brought up the case. I am a nephew in blood as well as son in law of Asa Johnson.

A. H. Morgan and wife are of good character, and are entitled to full faith and belief. [Signed] Wm Lynn

DEPOSITION: Sarah Allen, will be 46 next December. Knew James Terry. He was my half uncle. My father was Wm Webb. My mother before she married was Rebecca Terry, daughter of John and Sallie Terry. Am a party to the suit.

Question: When were you married the last time?

Answer: 24th of last January. Husband's name [looks like] Cannebery Allen.

Mother has been dead about 26 years. I was 21 when she died, had been married a little over a year. Dated 16 August 1889. Sarah [her X mark] Allen

DEPOSITION: George M. Webb, age 41, occupation Physician, live in Highland, born and raised on Roaring River. My mother was a daughter of John Terry. My father was Wm R. Webb and I am a grandson of John Terry. Was serviced notice of bill, claim no interest. Sold my interest to my brother J. M. C. Webb some years ago.

A. H. Morgan and Amanda Morgan of good character. [Signed] G. W. Webb

DEPOSITION: R. H. Webb age 29, live Roaring River. Am a grandson of John Terry, am a party to suit. 16 August 1889. [Signed] R. H. Webb

DEPOSITION: W. D. Webb, am a grandson of John Terry. Sold my interest to Asa Johnson last fall, since the suit started. There are six Webb heirs, not all living, but have children living. Land worth about $1800 if not in litigation. Would have been entitled to 1/6 if descended to Webb heirs alone. Asa Johnson and I rated my share at $250. He let me have a horse at $100, a [?] yoke of [?] cattle at $65 and he paid my brother Huston Webb $85 for me. Told him I would take $300 and pay expenses or $250 and him pay expenses of suit. [Signed] W. D. Webb

DEPOSITION: Isaac Hix age about 63. Lived near John Terry, different places from one-half to 4-5 miles of him.

DEPOSITION: H. R. Terry age 46, lived within one mile of John Terry, knew him. My father was Edwin Terry, a brother of John. Was born and lived in the neighborhood up to the war, lived there one year after I came back. Was 19 when the war came up. A. C. Terry is my younger brother. John Terry and Edwin Terry had a sister who lived on Morrison's Creek. I think father came from North Carolina, believe 1815 or 1816. Is my understanding father and Uncle John came here together first and his mother was not satisfied and my father took her back and then came again. Don't know how long between comings. Mother and father married in this county. [Signed] H. R. Terry

DEPOSITION: John J. Brown, age 78 or 79, knew John Terry since was very small, lived within 2 1/2 - 3 miles. 16 August 1889. [Signed] John J. Brown

DEPOSITION: John Chapman, born 1840, born and raised on Roaring River, lived there until about 20 years ago. Father is Ben Chapman. James Terry's first wife was father's sister. Complainants are my cousins. Am a cousin to Asa Johnson. Am not related to Webb heirs. John [his X mark] Chapman

DEPOSITION: Wayman Hawkins, will be age 36 the 9th last October. Dated 16 August 1889. [Signed] Wayman Hawkins

DEPOSITION: Age 41, live District 9 Roaring River. Sallie Terry was my wife's aunt. Malinda Green is Jim Terry's aunt, and a sister in law of John Terry. Dated 16 August 1889. [Signed] W. C. Smith

DEPOSITION: A. H. Morgan, have previously given testimony. I was representing three shares in the Jackson suit. Bill Jackson died without children and his estate went to his brothers and sisters. John Richards was a half brother. [Signed] A. H. Morgan

DEPOSITION: James Denson, was born 10 March 1811. Live Jackson Co, knew Terrys. I married John Terry's neice. Lived within 2 - 8 miles of them at different times. Knew Joseph Green in his life time. Understand Joseph Green and Sallie Terry [wife of John] were brother and sister. He was James Terry's uncle.

I knew Levi Terry very well. Knew Rebbeca, and Queeny they called her - I think her given name was Nancy. Knew some of the others, but they were small. Levi died before he was grown. James [his X mark] Denson

Denson Cross-Examined 10 January 1890:

Was married when I got acquainted with John and Sallie Terry. My wife's name was Polly Crocker. John Terry was her uncle. He was a brother to Mrs. Crocker, my wife's mother. My wife is dead, don't know when married. The last year I lived 2-3 miles from John Terry was the year Nathan Whitaker died, don't know the date.

Question: If you know about Eden Terry taking his wife before a Justice of the Peace to swear her three children were his, tell about it.

Answer: They left and came back and said she swore to them.

My wife has been dead about 30 years. I was a young man when I married. Married on Morrison's Creek, lived there after we married, lived there a good while. Then moved to Roaring River for 2-3 years when I lived with Mr. Nimrod Johnson part of the time, and part of the time with Edwin Terry and part of the time with Nathan Whitaker, father of Wash Whitaker. I am a brother of Woody Denson. He is younger, but don't know the years difference. There's one child between me and Woody.

Was married two or three years when I became acquainted with John Terry. He lived where Austin Morgan now lives. I lived at Roaring River at old man Johnson's.

Question: Say whether you had any children by your wife.

Answer: She had some by me. I did not have any.

My wife had one child before we left Morrison's Creek, very small when we left. It has been dead 8 or 9 years. No record kept of children's birth, doesn't know their ages. Next lived at Simpson's Mill on Morrison Creek for about two years, then back to Morrison's Creek. Now live in the flat woods in the Haney settlement, been seven years last October. Been married twice. Married the last time, reckon it's been 35 years. Married Bill Hensley's sister, the widow Martin.

My first wife had six children, last wife had one by me. My children are:

Serilda, the oldest, born Morrison's Creek.

John the next, born on Morrison's Creek.

Asa, born at the foot of Shelah's Knob.

Rebecca, born there too, at the [?] Hancock place.

Jane, born where old man Spurlock lives now.

Jim, born where the poor house is now.

Martha, child by my last wife, born where Fox Chaffin lives on the other side of Morrison's Creek.

Question: Sam Hawkins is a nephew of Asa Johnson, is he not?

Answer: Don't know.

Nathan Whitacre is dead, don't know about his wife or Alfred Lynn. Don't know how old I was when I married the first time, but I voted and paid taxes before I married.

Question: Did you tell Cook Terry you were born in 1813?

[James Denson's deposition ends abruptly, no signature; possibly page or pages missing].

DEPOSITION: Anne Bartlett, taken 30 Dec 1889 at F. M. Anderson's. Will be 74 on 16th of next March. Live sometimes in Buffalo Valley, sometimes on Indian Creek - live about among my children. John Terry, his wife and James lived on my father's land not a mile from me. John Terry moved from my father's land to Owl Cove place. James Terry and a negro boy my father owned were about the same age. Ike if living would be 72 or 73. My mother said she suckled Ike and my brother Tom at the same time on account of Ike's mother having died when he was an infant. My sister [Am not sure of name - mlj] Lucie [or Susie] was next older than Tom and [?] Paul and Sylas was between me and Tom. I was the youngest of the family. I was born March 1816. My father was Tommy Anderson. I am a sister of Capt. F. M. Anderson. [Signed] Anne Bartlett

DEPOSITION: F. M. Anderson states will be age 63 on 3 Feby 1890. [Note this doesn't agree with Anne Bartlett's statement "the youngest". [Signed] F. M. Anderson

VARIOUS DEPOSITIONS: Below individuals testified as to character/honesty of F. M. Anderson, stated "mixed" to "bad". Many said changed for worse after the Civil War. All signed names unless otherwise indicated.

Alex Byers age 64, live Putnam Co.; Laban "X" Pippin age 58 live Jackson Co; Simeon Pippin age 56; J. P. Maberry soon be 48; Elijah "X" Hainey 48, Thomas D. Young 63; P. M. McClelland 56; M. L. Gore 49 .

DEPOSITION: A. C. Terry age 3_ [written over, possibly "9"]. Me and W. J. Terry went to see Mrs. Davis near the mouth of Mine Lick. She is my aunt. Mrs. Davis appears to be 74 or 75. I am the same A. C. Terry who filed action against Jno T. Smith, was compromised. Live across the river from Amanda Overton. I lived there at the time Rens Johnson and his wife separated. During their first separation, Fannie was at my house about two weeks before they separated, stayed 8-9 days and Josh Chapman's wife came and carried her to Josh Chapman's, and she was there 2-3 nights. After that, during the separation while she was at my house, Andy Chapman was there 3 or 4 times, they did not come [not clear who "they" is]. [Signed] A. C. Terry

DEPOSITION: James Lynn states "Elizabeth Murphy is my first cousin. I am [can't read - maybe 2nd? cousin to W. J. Terry's wife. James [his X mark] Lynn

DEPOSITION: A. C. Stafford, age 44. Served a warrant on Jim Terry, Carroll Terry & Pate Anderson, was in favor of Jno R. Chaffin for about $100. Jim Terry was Security for Tilman Terry and James Smith. Jim Terry tried to get out of the debt, saying he was Jim Green. Told that to several persons. My mother's age at that time was about 56 years. Fannie Allen, my mother in law is 76 or 77.

Enock Jackson died a week before last Christmas. Robt Allen and his wife are still living. [Signed] A. C. Stafford

DEPOSITION: John S. Burris states was raised in the North Carolina, left when about 17 years old, came to this county. Knew Jim Terry and John Terry very well. My mother in law lived near John while she lived, about two miles of him. Came in the fall, married in the spring, got acquainted with John Terry soon after. Been a public Officer nearly 9 years. Known F. M. Anderson thirty-odd years. [Signed] J. S. Burroughs

[Note: What looks like it may have been an age was marked through, no longer legible].

End of Reel #120

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