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. Testimony in order filmed, names as spelled in Court transcripts. If you use Edit/Find function, try different spellings. Notes not original to film in [square] brackets.
TERRY, W. C. & W. J.
WEBB, W. D.
NOTICE OF DEPOSITIONS to be taken 8 August 1889 of G. W. Morgan, Simeon Masters, Elizabeth Murphy, Prilla Terry, Margaret Smith, J. M. Johnson, Mary Smith, at the residence of W. C. Terry in District 9, Jackson Co, on behalf of Complainants; and
Mrs. Angelina Chapman, Margaret Craig, Polly Ann Morrell, Jas L. Williamson, Mrs. Amanda Overton, Nancy Anderson, Robert Allen, Joseph Hawkins, Yancy Greenwood, Thomas Young and Bettie Lynn at the residence of Asa Johnson Jackson Co, TN].
[Depositions 8 August 1889].
DEPOSITION: G. W. MORGAN age about 53, resident of Overton County, Tennessee, states he knew old man John Terry and his wife Sally Ann in their life time, since he was a small boy; lived about one-fourth mile from them and in the same neighborhood until he left about age 22. Also knew James Terry in his life time. James lived with John Terry, who "was good to him as a son and treated him as a son...we all call him James Terry and we all ways thout he was John Terry son. I never hear no one disput it". Said John Terry's other children were four girls and one boy; Beckey, Saley, Nancy, Betsy, Leroy and Jim Terry and that he was well acquainted with all of them but Leroy.
Q: Say whether Jim favored any of the others - if so, say who.
A: Him and Betsy was as much alike as any two I ever saw.
Q: Say whether or not said James Terry was ever called on or known by the name of Jim Green.
A: "Nosir I never herd him call by the name of James Green". Morgan stated James Terry was married twice; that John Terry had a dinner at his home for him following both weddings; that James Terry's wife had been dead about two years before he remarried. James Terry's first wife left two small children, and James and his two children stayed at John Terry's after his first wife died. Jim Terry and my father tended to John Terry's business, don't remember the date when the old man died. "I am A. H. Morgan's older son...do not know if I'm related to Complainant W. C. Terry or not."
Q: Is it not reputed in the neighborhood you are half brothers and do you not so regard it?
A: Naw I never herd any person say we were.
On re-cross-examination, Morgan stated it was reputed in the Terry family that Jim Terry was John Terry's son.
G. W. [his X mark] Morgan
Witness: J. W. Stafford
DEPOSITION: SIMEON MASTERS, "age 63 next feby". States he knew John Terry and James Terry "before I was grown", lived 3-4 miles from John Terry; that "James lived with his father John Terry before he married...knew as James Terry, John's son - not as James Green...Asa Johnson first said Jim Green was his right name that I heard...Asa told me 2-3 weeks ago at his mill".
Q: Tell what was said.
A: Don't feel like answering - don't reclect.
[Signed] Simeon Masters
DEPOSITION: ELIZABETH MURPHY age 50, known John and James Terry ever since can remember. Heard John say once he hadn't been married but 7 or 8 months when Jim was borned...was talking to Jim Terry's wife. Was about a year or two before John Terry's death, was at Jim Terry's house, during John Terry's last sickness. John Terry told Jim he wanted him to take his mother and take care of her and when she was gone he wanted what he had left divided between Jim and the rest of his children. "I was living at Jim Terry's when I heard the talk between the old man and Jim Terry's wife. Knew old Mrs. Sally Terry ever since I was large enough to remember...always of good character. "Some said James Terry was John Terry's son and some not.
Elizabeth [her X mark] Murphy
DEPOSITION: PRILLA TERRY, age 52, states related to both parties. Complainant W. J. Terry is my husband. Defendant Asa Johnson is my cousin. She has been married "currently three years". Known John Terry ever since I can remember...lived about one mile from him. Have heard Sally Terry refer to Jim as John's son...she'd tell JIM "help your father...never heard Jim as anything but John's son, not as Jim Green".
Prillie [her X mark] Terry
DEPOSITION: MARGARET SMITH, age 50 the 15th of last month Stated she had seen the old family Bible of John Terry's at John Webb's, remembered it being covered in fawn skin. Saw the record of marriages and deaths, don't recall what it said.
Q: Did it show the births of John Terry's children, to wit James, Leroy, Rebecca, Sally, Nancy and Elizabeth?
A: Yes sir, my recollection is they was all on it. James was listed as James Terry - all were Terry but one - Polly Ann Green. John Webb was a grand son of the old man John Terry, and he said his father Will Webb gave it to him.
[Signed] Margaret Smith
[Depositions continued on 14 August 1889]
DEPOSITION: J. M. JOHNSON, age 55, resident of Sumner Co., Tennessee, occupation farmer & lawyer. Know parties, lived about 1 1/2 mile from James, about 3 miles of John & Sally Terry. States Edin Terry said James was not a legitimate son of John Terry's. "I am a brother in law of Asa Johnson and a son-in-law of A. H. Morgan's".
Q: If A. H. Morgan ever said one word to you as to the paternity of James Terry, please state what he said, when and where it was.
A: Don't now remember he ever did...was a conversation in A. H. Morgan's store...can't say what was said. [States deposition would be resumed after that of Mary Smith - but apparently didn't - mlj].
DEPOSITION: MARY SMITH age 50, knew John & Sally Terry. "Uncle John's wife was my aunt; my father's sister was all ways told me." Heard it said that Jim Terry did not belong to Uncle John Terry...never heard it until after the lawsuit commenced...never heard him called anything but James Terry before the lawsuit.
M. A. [her X mark] Smith
DEPOSITION: ANGELINE CHAPMAN, age "going on 66". Knew John, Sallie & James Terry. "Jim Terry married Ben Chapman's sister and Ben Chapman was my husband...Benj Chapman has been dead 16 years this March. Don't know age when he died, was an old man, guess in his 60." Angeline stated she was not any kin to the Webbs, but she was half sister to Johnsons. Said she had never heard anyone say that James was not John Terry's son except her husband Ben Chapman.
Angeline [her X mark] Chapman
DEPOSITION: MRS. MARGARET CRAIG age 74 or 76 born 1812 or 1813, knew John & Sally Terry. "After I was married, lived 4-5 miles of them for reckon 20 years...W. J. Terry's wife and me is cousins. Austin H. Morgan and myself's a little kin. "Me and my grand mother Mrs. Hawkins went to John Terry's house and Jim Terry who was then a little fellow and playing around his mother was present and Sally Terry and grandmother were talking and Sally Terry told my grandmother that that child referring to Jim Terry was not John Terry's child that he was a Green and that he was borned before she and John Terry married. He was about 5 or 7 years old."
"I knew Austin H. Morgan when I seen him...lived about two miles from Austin H. Morgan's father when he was staying with his father at that time. Austin H. was a right smart size boy - old enough to talk and sing".
Now lives in Overton Co., Tenn, about 22-23 miles "from here", for about 40 years; that her [own] father was Joel Curtis. Married when she was age 16, when she lived at her grandfather Hawkins old place where Will Lynn now lives in Jackson Co; that when they first married the "went down to Uncle Jim Hawkins' widow and stayed a while where Amanda Overton now lives. When we went to housekeeping...moved near step rock hill where Steve Webb now lives. Stated Asa Johnson had come to see her, and she had gotten in the buggy and came back with him a week ago. Stated "When my grandmother and Sally Terry was talking I was 10 or 12".
Margaret [her X mark] Craig
DEPOSITION: POLLY ANN MORRELL, will be age 56 the 24th September . Stated her folks died when she was small. "My aunt and her daughter raised me." When she was very small they lived at Spring Creek in Jackson Co., after she "got up some size" lived on a place near Jim Terry's old place. Tempy was my aunt & Villy was her daughter. Lived less than a mile from John and Sallie Terry; knew James...he lived with John Terry. "My Aunt Tempy was not willing for her daughter to marry Jim Terry and I have frequently heard it said Jim was not John's son...I heard Racheal Beechboard". Stated after she was grown and before she married, she lived with Price Whitacre in Overton Co. near Popular Springs, then "with my Aunt Lucy Whitacre a few months" and then in Fentress Co. "stayed with my brother 5 or 6 years and then came back to this county and lived with my brother till I was married...been married 26 years February next.
Q: Name all those who said Jim was not John Terry's son.
A: Rachail Beechboard, Aunt Tempy Hix and her daughter Violet.
Polly Ann [her X mark] Morrell
DEPOSITION: JAMES L. WILLIAMSON, age 35 on the 6th day of last February, live Sugar Creek, knew James Terry...when Fate Robinson lived at Allen's Mill where Cook Terry now lives, Robison and me were at Jim Terry's house, took dinner, afterwards talked on the porch...were talking about illegitimate children and James Terry said he was one...wanted to get out of a security debt, one that Jim Smith Tillman Terry had bought as recollect...by swearing that James Terry was not his real name.
James L. Williamson said he married Asa Johnson's daughter. Said the talk he had with James Terry was the 2nd or 3rd time he had ever seen him; that it was 1877 or 1878, and that he knew him on up until his death.
[Signed] J. L. Williamson
DEPOSITION: AMANDA OVERTON age 61 next January, stated she always heard Jim was not John Terry's son. Heard at A. H. Morgan's store that Mr. Morgan said that Cook & Will Terry were going to bring suit to get their part in the Terry land; that Jim was them girls' half brother - that it was just like the Jackson case and that Jackson had got his part, and Cook & Will would be certain to gain their part. He said Jackson's half brother come in an getting his part was just what brought up this suit.
Am the same Amanda Overton whose deposition has been given and a sister to Asa Johnson.
Amanda [her X mark] Overton
CROSS-EXAMINE ON RECALL: NANCY ANDERSON stated she was born 1859. That James Terry's last wife said James wasn't John Terry's son.
Q: Did they get along badly, and would she say most anything to aggravate him?
A: Yes, sir.
I know Jim Terry. I know W. J. Terry. I am a half sister to W. J. Terry's wife. I am a half sister to Jim Terry's wife. I lived at James Terry's a little over eight years. Him and his wife would be in a quarrel and she would throw it up to him he was a bastard.
Q: Did he make any answer...deny it?
A: I don't recollect of him saying anything. Don't recollect what James Terry's family and relatives said.
Nancy [her X mark] Anderson
DEPOSITION: ROBERT ALLEN will be 73 years old 23rd of [either Jan or June], know parties, lived 1 1/2-2 miles from John & James Terry on Blackman's Fork in Jackson Co. Heard James was not John Terry's son, but didn't hear much until trial started.
[Signed] R. U. Allen
DEPOSITION: JOSEPH HAWKINS going on 65, live 2 miles from Terry's. Jim Terry was my brother-in-law. Complainant Will Terry is my brother-in-law. Jim Terry and I talked twice [about legitimacy]. He told me he was a wood colt. Jim was fair skin & John was not; did not walk alike; Jim walked strat [straight] & held his head up like his mother, John did not. Jim was the largest and tallest and had the largest feet. John Terry's daughter Rebecca and Sally favored John Terry. Betsy favored Jim and Nancy favored a little. Betsy and Nancy was taller than the other girls. "We was talking about children that come that way...man in the neighborhood named Phillips that married and had to steal his wife...her father objected, and Jim Terry said that there was just as respectable people born and raised up that way that he had been a woods colt himself...[I] married defendant Asa Johnson's sister. My wife who was Asa's sister has been dead several years.
[Signed] J. H. Hawkins
DEPOSITION: YANCY GREENWOOD age 80 the 17 April last, lived about 3-3 1/2 miles from the Terrys. Said James was 2 or 3 years old when John Terry and his mother married.
Yancy [his X mark] Greenwood
DEPOSITION: THOMAS YOUNG, will be 65 next January, live on Sugar Creek, 2 1/2-3 miles from Terrys. "I was at John Terry's house one day and him and his wife was a quarreling about him a being out on the ridge to old Aunt Rachel Beechboard's. Mrs. Sally told John he was doing mity bad, which made him mity mad...he replied that he was not doing any worse than she had done and turned around and pointed to Jim and said there is Jim you know that he is not mine." Said he heard a conversation between John Terry and Asa Lynn at Asa Lynn's house, that William Hawkins was there. Young said he was about age 14 when he heard the quarrel; that after he married about 30 years ago he moved off the river and went to Kentucky a while and stayed about a year, moved back and lived in Penetentary Hollow 5-6 years in Jackson Co, then moved next to Jos Lynn, stayed one year, then back to Penetentary Hollow one-two years, then next to Sugar Creek, been there since. Been where he now lives about seven years. Don't know exactly when John Terry and his wife died.
Thomas [his X mark] Young
DEPOSITION: BETTIE LYNN, will be 72 in October, live at Will Lynn's in Jackson Co, know parties, lived within 2 1/2 miles of the Terrys. "I am kin to Asa Johnson he is my half brother by marriage Complainant Will Terry and my husband were cousins. My husband is dead".
Bettie [her X mark] Lynn
DEPOSITION: MARTHA LEE going on 39 live in hors joint hollow in Jackson Co, knew James Terry, stayed at his house 14 months...was droping [sic] corn for him and he was looking out over the land and said he ought to get some but wouldn't because...woods colt...was before I married.
Q: Now don't you know old Josh Maberry dropped all the corn that old Jim planted while you were there?
A: He did not because I dropped part of it myself for two years...
Further stated she was at her father's house; Warren Morgan and Jim Terry were there, talking about the Terry farm. Jim said "It ought to be mine...said it had been deed[ed] to those foolish girls".
Q: Didn't you say in that conversation that Cook & Will Terry ought not have any of it...they didn't work for it?
Martha [her X mark] Lee
Depositions 8 May 1889
DEPOSITION: ASA JOHNSON said he had John & Sally Terry's old family bible in his trunk, couldn't find it, but found the back of it, entered it as evidence. Said his whole family had access to the trunk, being:
"Me and my wife; Asberry my son 18; Haywood my son about 15; Bedford my son about 12; Daniel my son about 8; Lexy my daughter 6; the baby age 4; Mary Webb my step daughter about 14...all that lives with me".
Asa Johnson said he had paid for two shares in the land; there were six shares. "My wife would have a dower interest in the land. Mary Webb, the daughter of John Webb, is entitled to one share." Said the bible was in the trunk when depositions were taken at his house; that "Capt. R. A. Cox in the presence of Complainants demanded to see the Bible and I refused to produce the same. I told them I would bring it to court - that I wanted to make the defendants spend money in lawing...when me and my wife married my wife brought it there. She said it was given to her husband by his father who was a grand son in law of John Terry. My wife's first husband was a grand son of John Terry."
[Continued to 27 May 1899]: ASA JOHNSON said he still had not found the Bible. "I married the widow Webb - she brought her things the bible was with the other books. Wm Webb who was the father of John Webb married John Terry's daughter Rebecca. Wm Webb was appointed guardian of his mother in law and sisters in law and he got possession of the book when he was appointed guardian. Wm Webb's wife died and after his wife died and he remarried again he was removed [as guardian] and John Webb, being a grand son was appointed in his place. Wm Webb turned it over to John and told him that was a family record book of his grand father John Terry. My wife is the widow of John Webb, guardian. Said he saw the record of James, that he was listed as Jim Green there, not James Terry. "It appeared he was born before John Terry and James' mother married...recollection 2 years 2 months and some days."
Asa Johnson said Jim Terry had come to his mill about two weeks before he died, and in the conversation Johnson told him he ought to fix it so Cooke, Will and ?Martha would get his property. He said it had it fixed up so Will & Cooke would get it once - but guessed it would go to the Webb heirs; that John Terry had married his mother when he was small and he had married Will & Cooke's mother when they were small.
Johnson said he had found a Chancery Court record where John Terry's wife had brought suit against the heirs of John Terry after his death; that she sought a dower out of the lands conveyed to the three girls; that the lawsuit named the heirs, and Jim Terry was not mentioned. Johnson said after John and Sally married, Jim took the name Terry "just like Will & Cooke did after their mother married a Terry".
[Signed] Asa Johnson
[Note: Another case is on Reel #86, 1900 Chancery, Johnson, Asa vs Allen, Jessie - mlj]
DEPOSITION: J. P. WHITAKER, age 63 last January, live Jackson County, occupation farmer, knew John Terry and his wife, knew James Terry in his lifetime, lived about two miles from them. Knew from the time he was age 9 until their deaths.
[Signed] J. P. Whitaker
DEPOSITION: WAYMAN HAWKINS, age 36, live Jackson Co. Asa Johnson, one of the defendants, is an uncle of mine. Don't know as I am related to the rest. J. P. Whitaker is a brother in law of Asa Johnson.
[Signed] Wayman Hawkins
DEPOSITIONS to be taken 19 December 1889 of W. C. Terry, M. E. Terry and James G. Smith at house of Wm C. Terry.
DEPOSITION: W. C. TERRY age 46, knew Joseph Terry in his life. He was my father. Joseph Terry and Elizabeth Terry were married June 19, 1818. Joseph Terry could not write very well, bible entries may not be in his own handwriting. [Joseph Terry's Family Bible introduced as exhibit, but not reproduced on microfilm. Did state title page of Bible was missing].
Q: What relation are you to Cooke Terry?
A: Expect are a little kin, not much. Cannot read and write enough to tell much about entries.
[Signed] W. C. Terry
DEPOSITION: M. E. TERRY, am the wife of W. C. Terry, married in March 1871. Joseph Terry died August 1871. Can read and write tolerably well, my husband can write his name very well. Joseph Terry's wife died 4 August 1889. Mrs. Terry could not read or write.
Q: Are all children recorded?
A: Yes they are and also Polly Ann Anderson and George W. Anderson. There were some children that died that their names were not recorded.
[Signed] M. E. Terry
DEPOSITION: J. G. SMITH age 64 stated he knows Martin Sims whose deposition was taken prior. Lives 6-7 miles from the ?Gowney place to the Owl Cove. Martin Sims can neither read nor write. Knew John and James Terry, saw at Spring Creek meeting house. Heard Duke Allen say James was not John Terry's son. Heard Allen speak of being in the war with him - the War of 1812 I suppose. Think I heard old man Fry [speaking of James Terry's parenthood]...not certain. Lived 8-9 miles from John & James Terry in their lifetime. Duke Allen lived down on the river somewhere before he lived in the flat woods. He lived on Blackburns fork. He [Allen] was about 90 when he died.
[Signed] J. G. Smith
COURT DECREE: Complainant and Defendant each to pay one-half of costs [No decree microfilmed, but may be in Minute Docket book. Guesswork here, but with each paying one-half, possibly reached a mutual agreement - mlj].
DEPOSITION: W. J. TERRY, age 47 or 48th the 9th of next March, don't know which; occupation farmer. Knew John Terry, been dead 30 years or close to it. My father James Terry raised me. Never heard anything but James was John's son. "I never got much education, cannot read - Cooke got what he has after he married. Stated when his father and stepmother would quarrel, she would say James was just like John.
On questioning, said he knew Capt. F. M. Anderson, and was passing his house on Blackburn's fork last July a year ago with Carroll Terry, stopped in to get a drink of water. Capt. Anderson said Asa Johnson had been to see him, and when he got to Bloomington had written the Capt's brother "Si" [also spelled same paragraph "Sy"] who was three years older than F. M. Anderson. Asa was wanting to know what Mrs. Davis knowed. W. J. Terry said he knew Wash, Josh and Andy Chapman.
W. J. [his X mark] Terry
DEPOSITION: W. C. TERRY, be 45 on Jan 31, 1890, was raised on Roaring River by James Terry, deceased. Knew John and Sally. James Terry was born July 4, 1816. My father was James Terry. My mother died when I was very small. I have no recollection of her, but think I was about 2 years old. After my mother died my father married again. From my information, my father, Will and I lived with my grandfather John Terry until my father married again. My father stayed with me during the last two weeks before his death. He left my house Saturday and went home and died the next Monday. Was not at Asa Johnson's last two weeks of his life; I brought him here to town on Monday before he died the next Monday. Father said part of the land was his but he had got to old to contend for it. Regarding his education, said he had got to grammar part of spelling; two weeks in arithmetic "to Billy Denton", did not learn multiplication tables. Stated he wrote an order to dismiss the lawsuit if Asa Johnson produced the record as he claimed.
[Signed] W. C. Terry
NOTICE OF DEPOSITIONS to be taken January 11, 1890 by G. B. Murray for Defendants and M. G. Butler for Complainants at W. C. Terry's of: Elizabeth Rogers, M. L. Gore, Isaac Haney, John Haney, Mounce Bullington, Old man _____ Byres, B. P. McClelland, Felix Brown and Carroll Terry.
DEPOSITION: J. L. JACQUESS age 53, will be 54 the 5th day of June next, occupation blacksmith, live Jackson Co. since 10 June 1851. Stated he came to this country with his father when he was about 16 years of age. His first blacksmith shop was in the 10th District on a ridge 2 1/2 miles beyond the Cumberland mill on Roaring River - 6 miles from John Terry. "My father is dead". Saw John and James for the first time at father's shop Spring 1851 or 1852. John introduced James as his son.
J. L. [his X mark] Jacquess
NOTICE OF DEPOSITIONS to be taken 28 Dec 1888, house of Asa Johnson in Jackson Co., of: Mary Ann Jackson, J. J. Maberry, Martha Mabery, Amanda Overton, Polly Lynn, James Lynn, Joseph Lynn, J. P. Whitaker, Martha Philpot, A. Philpot, Jefferson McLary, [?] Mchenry?, William Lynn, Elizabeth Johnson, Jessie Allen, D. Allen, George Lee, Jessie Eldridge and [blank] Hawkins.
NOTICE OF DEPOSITIONS to be taken 13 November 1888 of Sarah Lee, W. D. Webb, Asa Johnson, S. D. Webb, Mary D. Webb, J. D. Webb guardian of Mary Webb.
NOTICE OF DEPOSITIONS of John Smith, M. J. Julian, T. R. Dodson, M. J. Gentry.
DEPOSITION: JOHN SMITH, age 49, states Capt. F. M. Anderson is of good character.
[Signed] John Smith
DEPOSITION: M. J. JULIAN, age 39, states F. M. Anderson is of good character.
[Signed] M. J. Julian
DEPOSITION: T. R. DODSON age 69, lived Bloomington Tennessee about 20 years. "I am a Minister of the Gospel", known F. M. Anderson 40 years, of good character.
[Signed] T. R. Dodson
DEPOSITION: M. J. GENTRY, age 66, Minister of the Gospel, live Bloomington, Tennessee, known Capt. F. M. Anderson over 50 years, good reputation. Know Peggy Jacquess, some very small part of what she reports is entitled to belief.
[Signed] M. J. Gentry
DEPOSITION: W. F. TILLEY age 40, live Bloomington, in dry goods business. Know F. M. Anderson and Peggy Jacquess, both of good character, entitled to belief.
[Signed] W. F. Tilley
DEPOSITION: R. S. GENTRY age 40, F. M. Anderson and Peggy Jacquess entitled to belief. Live 300-400 yards of her.
[Signed] R. S. Gentry
DEPOSITION: S. C. ROBERTSON, age 51, known Captain Anderson since 1875, live within 3 miles of him.
[Signed] S. C. Robertson
DEPOSITION: W. H. SMITH, age 50 for Defendant, known Capt. Anderson since I was a small boy, should be given full credit. Know W. C., W. J. and A. C. Terry. Live in sight of Carroll Terry, about 3 miles of W. C. Terry and 2 1/2 miles of W. J. Terry. All of good character, should be entitled to faith and belief. More acquainted with Cooke and Carroll Terry than Will Terry. On cross-examination, said heard Charley Allen and Jesse Allen talking about W. J. Terry taking Gore's or Gipson's pet deer into the smoke house & killing it. Talking occurred when he was over there when their Mamma was sick.
[Signed] W. H. Smith
DEPOSITION: ALFRED W. TILLEY age 34, known F. M. Anderson 20-25 years, lived near him in Buffalo Valley, good reputation and character.
[Signed] A. W. Tilley
DEPOSITION: WM E. SMITH age 54, known Anderson 45 years, good character. Know W. C. Terry and A. C. Terry, of good character.
[Signed] Wm E. Smith
DEPOSITION: SY SMITH age 35, known Capt. F. M. Anderson all his life, good character. Know W. J., W. C. and A. C. Terry, all of good character.
[Signed] Sy Smith
DEPOSITION: FOX CHAFFIN age 61, F. M. Anderson good character. Know W. C. and A. C. Terry better than W. J. Terry; all of good character.
Fox [his X mark] Chaffin
DEPOSITION: J. P. PIPPIN age 44, known Capt. F. M. Anderson 30 years or more, lived 5-6 miles of him, good character. Known Peggy Jacques same length of time, character good. Known James Denson a long time, good character.
[Signed] J. P. Pippin
DEPOSITION: W. H. MURDEN age 51, known Capt. F. M. Anderson since 1863, good character. W. C., W. J. and A. C. Terry of good character.
[Signed] William H. Murden
DEPOSITION: WILLIAM HARVEY SMITH age 57, know Capt. F. M. Anderson, good character. Know W. C., W. J. and A. C. Terry, all of good character.
Harvey [his X mark] Smith
DEPOSITION: LITTLETON SMITH, have known Capt. F. M. Anderson 30 years. Known Peggy Jacquess 30 years. Both of good character.
Littleton [his X mark] Smith
DEPOSITION: JAMES RAMSEY, know Capt. F. M. Anderson and James Denson. Denson lived at Morrison's Creek about 13 years. Both good character.
James [his X mark] Ramsey
DEPOSITION: Z. M. Allen age 68, Capt. Anderson of good character.
[Signed] Z. M. Allen
Depositions January 11, 1890
DEPOSITION: M. W. ANDERSON age 59, knew James Terry...was at my house shortly before he died, he was sick and my wife gave him some honey...it was my second wife, not my present wife.
[Signed] M. W. Anderson
DEPOSITION: MRS. N. J. ANDERSON of lawful age for Defendant. Knew James Terry. He married my half sister. I was grown when James Terry died. I think I was 30 years old the 20th day of last July.
N. J. [her X mark] Anderson
DEPOSITION: E. D. MARTIN, known F. M. Anderson and James Denson, both good character. James Denson raised me. I am not related other than he married my mother the second time. He is my step father.
E. D. [his X mark] Martin
DEPOSITION: JESSE MABERRY age 44, know Capt. F. M. Anderson, James Denson. Both of good character.
Jesse [his X mark] Maberry
DEPOSITION: SETH MABERRY age 69, knew Jim Terry, Robt Allen and A. C. Stafford. Lived in the same neighborhood in the 9th District, Jackson Co., TN. Was present when Anderson C. Stafford and old Bob Allen had a conversation that Jim would have to take his mother's name and be called Green. Know Capt. F. M. Anderson and James Denson; good character. Have heard Old Polly Lee, Curry Lee's wife and the old people of the county speak about Jim not being John Terry's son...only one living is A. H. Morgan...about 5-6 years older than I am. W. C., W. J. and A. C. Terry of good character.
Seth [his X mark] Maberry
DEPOSITION: T. ?U GREEN of lawful age, known Capt. F. M. Anderson since the war broke. Is of good character. Lived within 4 miles of him part of that time, part of the time I lived in White Co. and I lived in the West six years.
T. ?U. [his X mark] Green
DEPOSITION: J. M. SMITH, age 30, F. M. Anderson is of good character.
J. M. [his X mark] Smith
TERRY, Z. T. and wife SOPHRONIE [SABRINA] TERRY
JOHNSON, D. N. and H. H. JOHNSON and MARY MONTGOMERY
LETTER FROM: D. N. JOHNSON [Top left corner torn, small part missing]
[Torn] McDearman, Tennessee September 29, 1896
Harrison and Harriet's children's lawsuit was decided and he gained it and I had to pay that off sooner than expected.
Marion has been in distress and urged me to final settlement and I payed him off - don't owe any of them any thing except Joe about $30.00...coming to Nashville 29th October to testify federal Court will bring your money then.
[Signed] D. N. Johnson
BILL OF COMPLAINT: Z. T. Terry and wife Sophinie Terry of Davidson Co., TN vs D. N. Johnson, H. H. Johnson and Mary A. Montgomery.
Samuel Johnson died in Jackson Co., TN 1 November 1892, Last Will dated 21 March 1881, real estate left to two sons D. N. and H. H. Johnson. Devised other children $450.00 each...all paid except Sorbini Terry and defendant M. A. Montgomery [Complete Last Will & Testament appears later in microfilm as Exhibit to testimony].
I will & bequeath to my sons Daniel N. Johnson and H. H. Johnson...south side of Roaring River in District 9 on both sides of Morson's [sic] Creek...bounded by heirs of Mounce Gore deceased & Uriah Stafford to the north; by lands of Abner Chaffin heirs on the west; by lands of Joseph Johnson on the south; by William Johnson and Edward Mercer's heirs on the east...
Another tract in the 6th District, Jackson Co. joining E. Mercers heirs on the west; R. A. Cox on the north by deed from Uriah Stafford and east; Gore and others.
One other tract in the 6th District being 58 acres bounded west by E. Gaw; south by Jones Mercer; east by Wm Brown and north by Gore heirs...deed made me by R. P. Brooks...$450 to each of my other children to be a lien on land until paid...and they are to board and maintain my self and dear wife Nancy during our natural lives...they [D. N. and H. H. Johnson] shall have two years after both my self and wife are dead to pay the other children.
ANSWER OF DEFENDANTS D. N. and H. H. JOHNSON state Samuel Johnson died 1 November 1892; his wife Nancy died some time prior to that time. Complainant Sobina Terry is a daughter of Samuel Johnson and defendant M. A. Montgomery is also a daughter of Samuel Johnson, she being now a widow her husband Robert Montgomery being dead.
Depositions 15 and 16 February, 1898
DEPOSITION: W. M. GAILBREATH of lawful age, state was elected Circuit Court Clerk in 1878, served eight years. Know Z. T. Terry and wife and D. N. Johnson.
[Signed] W. M. Gailbreath
DEPOSITION: M. D. HAILE, lawful age. Stated he and Z. T. Gerry bought a farm together in January 1883 near Flynn's Lick. Haile paid $5,000 for his part and Z. T. Terry paid $1,000 for his part by a note from the Bank of Lebanon [Tennessee]. Bought from a Mr. Hart.
[Signed] M. D. HAILE
DEPOSITION: A. M. JOHNSON of lawful age, is the wife of D. N. JOHNSON, married 5 November 1879.
[Signed] A. M. Johnson
DEPOSITION: CALVIN HEADY of lawful age, states is the same who gave deposition 10 August 1897. Heard Mrs. Sabrina Terry say D. N. Johnson had paid some on note, don't recollect how much - was when they lived at the Lick and her father was present. Heady lived on Sam Johnson's place on Morrison's Creek at the time...lived there 21 years and D. N. Johnson is living there now. Terry lived at the Lick 10-12 miles from Johnson land. Terry and wife soon after moved to Smith Co. and from there to Nashville.
[Signed] Calvin Heady
DEPOSITION: D. N. JOHNSON states cannot find receipt showing $200 note paid to People's Bank of Lebanon on $345 note; Tinsley Warren & Co. and Jo Johnson, security. First learned he and Harrison [Johnson] were to have their father's land by paying the other children $450 each before the will was made.
[Signed] D. N. JOHNSON
NOTICE OF DEPOSITIONS to be taken 13 September 1897 of D. N. Johnson, Allice Johnson, L. S. Anderson, Foster Scott at Clerk & Master's office in Gainesboro.
DEPOSITION: S. M. TINSLEY, 14 September 1897 at residence of Isaac Adcox in 6th District, Jackson Co. Was a member of firm Anderson & Tinsley, testified due bill got burned up in the burning of L. S. Anderson's store house.
[Signed] S. M. Tinsley
PROSECUTION BOND, DANIEL N. JOHNSON and H. H. JOHNSON, $250 indebted to Z. T. Terry and wife Sabrina Terry, securities W. H. Brooks, John J. Gore, G. A. Maxwell. [All signed]
WILL OF SAMUEL JOHNSON: I, Samuel Johnson of Jackson County in the State of Tennessee being of sound mind and deposing memory do make and publish this my Last Will & Testament, hereby revoking any and all wills by me at any time made...my sons Daniel N. and H. H. Johnson [shall inherit] lands [described above in Bill of Complaint]. Sons Daniel N. and H. H. Johnson [to pay] my other children $450 each. "I am enthralled as security for my son William S. Johnson and if it should happen that the land herein bequeathed to my said sons Daniel N. Johnson & H. H. Johnson should be charged with any amount on account of my enthrallment for W. S. Johnson then all my children shall share said loss prorata, and my sons Daniel N. & H. H. are authorized to retain from each of the other children there prorata share of said loss - I hereby nominate and appoint my sons Daniel N. & Harrison H. executors of this my last will and testament given under my hand this 21st day of May 1881.
[Signed] Samuel Johnson
Signed in our presence & witness by us at testators request & his presence & the presence of each other this 21 May 1881. [Signed] T. H. Butler, G. G. Butler
Recorded January 20th 1888 [Signed] M. L. Gore, William Gore
[Note: William S. Johnson, according to other cases, was Trustee/Tax Collector at some point for Jackson Co., TN, and apparently defaulted on a $1250 bond].
DEPOSITION: FOSTER SCOTT, acquainted with Z. T. Terry and Sabrina Terry his wife, and D. N. Johnson. Delivered logs to Nashville, proceeds used to pay on notes. No relationship to any party to suit. D. N. Johnson borrowed money from John Carson [or Casson] to pay for logs [making profit on resale/delivery].
Foster [his X mark] Scott
DEPOSITION: L. S. ANDERSON, was a member of Anderson & Tinsley, fire at store in 1887, burned receipts.
[Signed] L. S. Anderson
DEPOSITION: SABRINA TERRY states "I am one of the Complainants and the sister of the Defendants. Daniel M. Johnson married Amos Tinsley's daughter. D. N. Johnson said he would get money from his father in law to pay me.
[Signed] Sabrina Terry
DEPOSITION: MRS. NANNIE LANGHAM for Complainant states "I am a daughter of Mrs. Sabrina Terry and a step daughter of Z. T. Terry. Defendant D. N. Johnson is my mother's brother and his wife and my first husband were brother and sister, that is half brother and sister...I have heard D. N. Johnson...one time at his house...I was married in 1885 and my first husband and I were visiting D. N. Johnson in February 1886...think Amos Tinsley died 1 June 1888...not sure...I have obituary at home".
[Signed] Mrs. Nannie Langham, May 27, 1897
TERRY, Z. T. and wife SABRINA TERRY
JOHNSON, NANCY and JOHNSON, MARGARETE, minor heirs of Cross Johnson, deceased and Samuel Johnson deceased
BILL OF COMPLAINT: Cross Johnson was the first husband of your Orator Sabrina Terry. Defendants Nancy & Margarete Johnson are their only children and only heirs of said Cross Johnson who departed this life intestate in Jackson County, Tennessee 1868. Orator since intermarried with Z. T. Terry, who is guardian of Nancy and Margarete.
Cross Johnson in his lifetime purchased tract of land from Samuel Johnson in the 9th District of Jackson Co., TN on Roaring River bounded by Joseph Johnson, William Johnson and others being where Cross Johnson lived prior to his death. Cross Johnson paid for half prior to his death, widow, your Oratrix, paid for other half from funds of Cross Johnson's estate. Ask that guardian ad litem be appointed to protect minor heirs' interest. J. F. Haile was first appointed, then replaced by Z. T. Terry after marriage to Sabrina [nee Johnson, daughter of Samuel Johnson] Johnson Terry. Requests land be sold. Land ordered sold 25 September 1878.
[Signed] R. A. P. N. M. Cox; J. McJohnson, Solr for Complainants
DEPOSITION: J. H. CHAFFIN age 33, knows tract of land, $300 fair minimum price.
[Signed] J. H. Chaffin
DEPOSITION: ANDY H. JOHNSON age 25, read Chaffin's report, agrees.
[Signed] A. H. Johnson
REPORT OF SALE: 11 November 1878 [Z. T. Terry marked through], R. W. Allen purchaser at $300.25, District 9, Roaring River.
[Signed] H. W. Williams, Clerk & Master
Depositions 10 March 1878 before H. W. Williams, C & M:
DEPOSITION: WILLIAM LOFTIS, know parties, helped raft logs, no relationship.
[Signed] Wm Loftis
DEPOSITION: BURT JOHNSON, lawful age, acquainted with land owned by Cross Johnson in his lifetime, not susceptible to partition between heirs; small tract, about 85 acres, 25 acres tillable, rest hills/timber, suitable for one small family. Est. value $400.
[Signed] Burton Johnson
DEPOSITION: JAMES M. JOHNSON, "I am an uncle by blood of minor defendants", know land, agree with Burton Johnson. Hill side if rented may be washed in gullies by the time minors are legal age. Their guardian Terry lives 12-15 miles from the land, has a good farm of his own.
[Signed] J. M. Johnson
DECREE TO SELL LAND: Cross Johnson paid for half of land, Sabrina the other half after his death from estate funds. Samuel Johnson deeded to Sabrina and her bodily heirs, but intent was to deed solely to minors Nancy and Margarete. Title to be divested out of Sabrina Terry to minors, be sold and money to benefit of minors. [No signature]
11 August 1897
DEPOSITION: Z. T. TERRY testified regarding notes, sale of logs, who paid what to whom. States paid...to Mrs. Laura Heart, Buck Heart's wife. Testified regarding land he owned, one being a small tract on Cumberland river near the Ft. Blount Ferry...since sold for $650; then owned the George Campbell tract...sold for $1200; owned the Tom Brown land...sold for $125; owned the "Frank Murry tract that he got by his wife from old man Haile" - I think I gave $500 and owed $100 on it. It is the tract on which Charley Hopkins now lives.
[Signed] Z. T. Terry
DEPOSITION: WILLIAM LOFTIS, lawful age, know parties, involved with rafting jobs. [No relationships given].
[Signed] Wm Loftis
DEPOSITION: ARNAL GAW, lawful age. Had half interest in the Walnut raft [of logs], Taylor Terry the other half. Brought $2.00-$2.50 per hundred feet there was 23,000 feet. Russel Kinnaird, Arkly Hix and myself went on raft.
[Signed] Armel Gaw
DEPOSITION: D. N. JOHNSON, lawful age. "I am a brother of Sabrina Terry". Questioned on J. H. Loftis, said he understood he was in Texas and paralyzed, unable to give his deposition.
Q: Did you have a conversation with Mrs. Tinsley now Mrs. Langham in which you said you had not paid her mother her part?
A: I never had such a conversation with her.
Q: Did you have a conversation with Mrs. Langham at the time the receipt was executed...that it did not affect her mother's interest. Is she a daughter of Sabrina Terry?
A: I never had a conversation with Mrs. Langham in my life about the matter.
Q: Did you pay Mark Gailbreath, Clerk of Jackson Co. Circuit Court $500...judgment rendered against W. S. Johnson and Sam Johnson...and for $615.00?
A: Yes, September 1880, but not all out of my means - got the principal part from my brother Joe Johnson?
Q: Did Taylor Terry pay any part?
A: Not that I know of. Taylor brought to me $500 and I paid it on that...
Offered Mr. Anderson...counsel for my sister money to pay her; I also authorize[d] Marion Terry to pay her at Nashville.
Father died 14 November 1892, I was Administrator...estate solvent.
Had a deed in trust on W. S. Johnson's farm - his wife claimed a homestead $1000 I paid it, Jo Johnson bought the farm, became accountable to me for it & settled it with me - I got Joe's interest in my farm for $450 and also Celina Loftis' interest - Jo sold to Martin Loftis & he got Celina's interest & transferred it to me - this paid $900 of Bill Johnson's wife's homestead.
[Signed] D. N. Johnson
DEPOSITION: MARION JOHNSON, states "I am a son of Jo Johnson who is a brother to Sabrina Terry and D. H. and H. H. Johnson".
COURT DECREE: Plaintiff Z. T. Terry and wife Sabrina Terry entitled to $450 plus interest from 14 November 1894, being $540.75.
DEPOSITION: H. H. JOHNSON, age 44, live on Roaring River, am a brother of Sabrina Terry and D. N. Johnson. Father died in November before the last presidential election he was not able to go to the election he died on Sunday after the election on Tuesday in 1892.
[Signed] H. H. Johnson
DEPOSITION: JOSEPH JOHNSON, states he is a brother to litigants Sabrina Terry and D. N. Johnson. "I know J. H. Loftis...I understand he is in Texas, paralized, can not talk but can write. I do not know of my own knowledge... heard from him 5 or 6 years before...Loftis supposed to have witnessed a receipt".
[Signed] Joseph Johnson
RECALL TESTIMONY: H. H. JOHNSON states Wm S. Johnson was also a son and heir of Samuel Johnson, deceased, and was entitled to $450. States Daniel N. Johnson the Defendant got it [?the $450] and Wm S. Johnson was liable as Trustee for Jackson County, Tennessee and defaulted on bond.
[Signed] H. H. Johnson
DEPOSITION: RUSSELL KENNARD, knows parties to suit. Heard about Sabrina and her husband buying a pair of oxen from D. N. Johnson..."Taylor and Sabrina...paid for the oxen and sent Mr. Tom Brown after the oxen". Testified regarding rafting logs purchased of Ormel Gaw to Nashville.
Russel [his X mark] Kinnaird
DEPOSITION: CALVIN HEADY, age going on 57, occupation farmer. Knew Samuel Johnson ever since can remember, lived with him from the time he was a small boy, lived within one-fourth mile after marriage, lived on Samuel Johnson's land. Sheriff Geo Mattox called on old Mr. Johnson regarding William S. Johnson defaulting on a bond...amount was $1250. Land was never sold to pay the debt. Was one of the hands hired to run a raft of logs off the Gaw land, 25,000 or 30,000 board feet of lumber; went first to Ft. Blount and were to go to Nashville; loaded timber at Ft. Blount, "sold out my trip...to Noll" [?Noah Phillips] and came home. D. N. Johnson said the lumber was all his. Some of those present were Billy Loftis, Armel Gaw, Whitson Smith, Billy Pharris, Noah Phillips, Albert Jones, Mr. Z. T. Terry.
Calvin [his X mark] Heady
RECALL: JOSEPH JOHNSON, said D. N. Johnson was administrator for Samuel Johnson's personal estate, that "I am an heir and he paid me $450...13 or 14 years ago.
[Signed] Joseph Johnson
GATES vs LANGFORD: [Did not have a file folder; was apparently misfiled with papers from next case: A. K. Tinsley, Guardian of Josiah H. Langford; mentions Stephen Langford, deceased in 1871. May be more on another reel, or Overton Co records - mlj].
BILL OF COMPLAINT: JOHN N. GATES states Stephen Langford recovered judgment before Esqr Hemphill for $336, requests execution of judgment be enjoined pending appeal.
[Signed] G. M. McWhirter, Clerk & Master
PROSECUTION BOND: JOHN N. GATES, MERLIN YOUNG, WILLIAM BUTLER & BARLY B[cannot read] bound to Stephen Langford pending outcome. 9 March 1842.
BILL OF COMPLAINT: JOHN N. GATES states Stephen Langford recovered judgment before Robert Hemphill, J.P. Orator set out for New Orleans with two boat loads of corn, about 1000 barrels. Orator agreed if Stephen Langford would wait on notes for judgment he would pay 12 1/2% interest...river is right for travel, and if delayed by trial...cannot pay.
[Signed] Quarles, Solicitor [Signed] John N. Gates
Overton County, Tennessee, 8 March 1842, before me,
[Signed]Thomas S. Williams, Chancellor
ANSWER: STEPHEN LANGFORD, Gates promised to pay $70 on judgment, hasn't.
[Signed] A. [?init] Crellan, Solr
SHERIFF'S ORDER: To Sheriff of Jackson Co., A. K. Tinsley filed Bill of Complaint against William G. Langford...ordered to attach tract of land on Mill Creek adjoining land of Henry Fowler, A. C. Hamilton and James ______ being same tract that Stephen lagford [sic] formerly...one fifth being the part going to William G. Langford as heir (pending trial).
[Signed] LeRoy S. Clements, C & M, Gainesboro, Decr 1865.
31 October 1871
DEPOSITION: Samuel Weaver age 49, Administrator of Stephen Langford, deceased. Personal estate of said Stephen Langford at hand about $21, notes for rent of land due January next of $40-$50, some claims due from Estate of Bennett Stone deceased, some due from L. W. Oglesby as surviving partner of firm of Stone & Oglesby which are in litigation and uncertain of being collected. If all these were successfully collected, would not be sufficient to pay a $900 judgment. W. G. Langford is entitled to one-fifth of the real estate of Stephen Langford, subject to the life estate of the widow Langford his mother in the entire estate. A fair price if sold would be $500.
[Signed] Samuel Weaver
DEPOSITION: AMOS K. TINSLEY states knows land, $500 fair price.
[Signed] A. K. TinsleyBILL OF COMPLAINT: AMOS K. TINSLEY, guardian of Josiah H. Langford vs William G. Langford of the State of Missouri and Samuel Weaver, Administrator of the Estate of Stephen L. Langford, deceased, Jackson County, Tennessee.
Orator Amos K. Tinsley states William G. Langford is indebted to him as guardian for a note of $900 dated 24 June 1856. Defendant is a non-resident of Tennessee. Said defendant is heir at law of Stephen Langford, deceased.
DECREE: October term 1871, Mary A. Langford etals vs Amos K. Tinsley as guardian of Josiah Langford, a Lunatic, requests that Tinsley pay to the wife and children of said Lunatic the sum of $500 out of the estate of said Lunatic. Court orders $200 paid to Mary A. Langford for the use of herself and her family. [No signature]
BILL OF COMPLAINT: AMOS K. TINSLEY, Administrator of E. F. LANGFORD, deceased vs S. F. HESTAND
A. M. Hestand executed notes to Plaintiff of $478.81 1/4 due 4 Jan 18[torn] and same amount four years after date & dated 7 Jan 1867. Executed by A. M. Hestand & S. F. Hestand payable to Plaintiff as Admr of E. F. Langford, dcd. Notes due and unpaid.
[Signed] Washburn & Morgan, Attys
[NEW CASE] JACKSON COUNTY CHANCERY COURT, 1866
BILL OF COMPLAINT: WILLIAM F. PLUMLY, citizen of Jackson Co., Tennessee against Andrew Comer and Samuel Comer of Jackson Co., before Hon. Thomas Barry, Chancellor at Gainesboro.
K. G. Bobo in his lifetime borrowed money from E. F. Langford. Your Orator and H. Comer as security. After the death of Langford, his executor recovered judgment [blank] Nov 1861 against Bobo and your orator of $327. Orator paid, as K. G. Bobo was insolvent. Said Bobo died hopelessly insolvent. Defendant Andrew Comer is liable to orator for portion of debt. Knowing he was liable, Andrew Comer conveyed property to Samuel Comer; said deed fraudulent, being made by brothers. [Cannot read] 14, 1866.
[Signed] Murray and Collier, Attorney for Complainants
[Signed] Will F. Plumlee
TINSLEY, AMOS K., Administrator of E. F. LANGFORD, deceased
L. W. OGLESBY, citizen of the State of Texas; JAMES S. STONE, A. P. GREEN, THO H. BUTLER, Citizens of Jackson Co., Tenn; WILLIAM STONE & MICAJAH STONE, citizens of Overton Co., Tenn; and JAMES A. STONE, citizen of the State of Kentucky.
BILL OF COMPLAINT: AMOS K. TINSLEY, Administrator of E. F. Langford, deceased, states E. F. Langford died [blank]. Bennett Stone was appointed and qualified Executor; Bennett died and your Orator appointed Administrator. Before his death, which was in the year 1862, Bennett Stone & L. W. Oglesby were partners in mercantile business at Celina, Tennessee, and as such partners on 18 April 1860 took a note payable to them executed by James A. Stone due 18 April 1861 for $1210.95, note endorsed to E. F. Langford on [smear] May 1860. Orator brought suit as Admr of E. F. Langford against the maker of said note and James S. Stone who was then sole Administrator of Bennett Stone, deceased and Landon W. Oglesby. Recovered judgment 16 Nov 1866 against James S. Stone and Landon W. Oglesby, one of the assignees of said note. States this was a partnership debt.
William Stone the principal legatee under will of Bennett Stone is a lunatic. Micajah Stone is his general guardian. At the death of Bennett Stone, firm of Stone & Oglesby has assets of $50,000. Charges James S. Stone and Micajah Stone are wasting assets.
[Signed] Denton & Washburn [Signed] Butler, Solicitor
[Possibly out of place. Only thing listed here was the parties compromised, suit dismissed].
SUMMONS TO APPEAR: To Sheriff of Overton Co., Tenn 3 Jan 1867, Defendants William Stone & Micajah Stone to appear 2nd Monday in August. Published in the Huntsville Vidette, Huntsville, Tenn, four weeks preceding 2nd Mon. in Aug. 1867.
ANSWER: JAMES S. STONE and MICAJAH STONE, Administrators of Bennett Stone, deceased. Will annexed of Ervin F. Langford, deceased in Jackson Co, Tenn in September 1860, appointed Bennett Stone as Executor. Believe Ervin F. Langford had on hand at death $15,809.94, nothing misspent. Much of estate willed or bequeathed to his widow. Bennett Stone departed life in Jackson Co., TN February or March, 1862. James S. Stone thereafter appointed, with Micajah Stone co-administrator. Respondents aver that in 1861 Courts of this section of the State were suspended, and remedies likewise. [Will was not microfilmed here].
[Signed] James [Willcox marked through] McHenry, Sol.
BUTLER, THOMAS etal
BILL OF COMPLAINT: JAMES TINSLEY of Jackson Co, Tenn states Franklin W. Butler was elected Sheriff of Jackson Co in 1840, qualified and gave bond; Bailey Butler (the father of said Franklin W. Butler), William Hawkins and your Orator security. The said Franklin W. Butler collected and failed to pay over for the years 1840 and 1841 - in arrears $1750-$1800. Franklin W. Butler was a man without much property; was on account of Franklin W.'s father Bailey Butler that Orator was induced to co-sign as security. Said Franklin W. became so enthralled in indebtedness he resigned his office and left the state. Bailey Butler offered to pay all indebtedness as he had never given his son anything. On 20 July 1842, Bailey Butler, William Hawkins and Orator signed promissory note to Robert White, who had purchased and owned the County claims to which tax collected by Franklin W. Butler would have been applied. Bailey Butler departed this life, and left a will stating essentially his paying Franklin's debts in Jackson County, Tennessee constituted his inheritance, set aside certain property to be sold to pay debts: Quantity of peach brandy, one steed horse and eight other horses; crop of corn; pork, hogs, [cannot read] cattle, except enough for support of family for the next year; negro boy named GEORGE and negro boy named JACK to be sold to pay debts. Thomas H. Butler was appointed Executor.
[Signed] Campbell & Fite, Solicitors for Complainant
NOTICE OF DEPOSITIONS: To be taken 29 April 1846 of Robert White, Merlin Young, Holland Denton, Franklin W. Butler, Thomas L. Bransford, Elijah Gaddis & William Kendall.
DEPOSITION: LOGAN H. McCARVER, age about 33. Was a collection officer in Jackson Co., TN for ?Frank W. Butler, ?Harvy Butler. Dated 1 June 1846.
[Signed] L. H. McCarver
ANSWER: WILLIAM HAWKINS, states is one of securities for Thomas H. Butler, Executor of Last Will of Bailey Butler, deceased. Dated 18 November 1845.
[Signed] Nelson for Respondent
[Signed] William Hawkins
CROSS-BILL: THOMAS H. BUTLER, Executor of Estate of Bailey
Bailey Butler, the father of your orator, departed this life October 1842 - last will set aside property to be sold to discharge liability of said Bailey Butler and Defendant James Tinsley and one William Hawkins. 15 May 1846.
[Signed] Hall & Washburn
DEPOSITION: DAVID JOHNSON states he was deputy in 1842 and 1843.
[Signed] David Johnson
DEPOSITION: JOHN F. MONTGOMERY age 26 states he was one of the District Deputies in 1842.
[Signed] John F. Montgomery
NANNIE A. TINSLEY of Jackson Co., Tenn
JOHN M. TINSLEY of the State of Texas; AMOS K. TINSLEY of Jackson County, Tenn, JESSE P. WILLIAMS and GEORGE W. ABNEY of Clay Co., Tenn.
BILL OF COMPLAINT: NANNIE A. TINSLEY states she and Defendant John M. Tinsley married 23 December 1885, happy til 3 March 1886 when he said he was going to Gainesboro on business and would be back next day; deserted her to State of Texas. Personal property included yoke of oxen, mare, 30 bbls corn at A. K. Tinsley's ready for shipment, household goods. Land in Clay Co. bounded by Cumberland River, adjoining where Philomath Academy & Church House stands; Phillip M. Tinsley; Jesse P. Williams; Allen Rich; Amos K. Tinsley - said land perhaps encumbered by small amount of purchase money due defendant A. K. Tinsley. Wants real and personal property attached as alimony.
[Signed] Geo H. Morgan, Solr
[Affirmed/Signed] Nannie A. Tinsley 22 March 1886.
CROSS BILL: A. K. TINSLEY, Citizen of Jackson Co. vs
JOHN M. TINSLEY of Bell Co., TX and wife NANNIE TINSLEY, resident of Jackson Co. States he had no knowledge of intent of John M. Tinsley to go to Texas or anywhere out of the country. Said John M. is a son of Respondent. After marriage they lived in house with Respondent until John M. Tinsley left for Texas. Respondent 11 January 1885 contracted to co-defendant 12/13 of tract on Cumberland River in Tinsley's Bottom, took note for $1,000, nothing has been paid. The other 1/13 interest belonged to the heirs of Respondent's deceased sister Rebecca McGlassing. Contains about 95 acres known as Alice Tinsley Dower Tract adjacent Phillip Tinsley, Allen Rich, Jesse P. Williams, B. K. Bigerstaff, the Delvaney Fowler Farms. Stated personal items had never been conveyed to John M. Tinsley. Further, Respondent had paid Green B. Hall for mare, then sold it to G. W. Abney. Admits John M. Tinsley contracted to purchase yoke of oxen from Johny Roberts, had not paid for it; Jesse P. Williams paid Roberts for oxen and took possession.
Some farm tools and household items [listed] that were the property of Nannie Tinsley and/or John M. Tinsley, plus $37 received for corn "she's welcome to have".
[Signed] A. K. Tinsley
TINSLEY, P. S. etal
DENTON, W. H. & wife etal
BILL OF COMPLAINT: P. S. Tinsley & Mary Herod and husband H. H. Herod; and D. N. Johnson & wife Alice Johnson. Former of Davidson Co. and latter of ["Clay" marked through] of Jackson Co., Tennessee
against Anna Denton & husband Wm H. Denton, citizens of Bell County, Texas; Kibby Williams widow of Jesse Williams deceased; Wm Tinsley and John M. Tinsley of Jackson County, Tennessee; Emily Williams wife of Shiloh Williams of Wilson Co., Tennessee; Shiloh Williams of [cannot read]; Marjorie Tinsley of Jackson Co., Tennessee; John Stone & wife Nancy Stone of Clay Co., TN.
[Blank] day of 1889 Amos K. Tinsley departed life intestate in Jackson Co., Tennessee. Margarett Tinsley his widow and expected to be named Administrator. Complainants and Defendants except the husbands of the married women are the only children and only heirs. Personal estate $3500, not necessary to sell land to pay debts, having owed very little.
Home tract where Amos K. Tinsley died lies in Jackson County bounded by Cumberland River on west and southwest; west by Allen Rich; north by another tract of deceased lying in Clay Co; east by John Rose; south by Cumberland & lands of Geo Flynn.
Two tracts together in Clay Co here described as one, bounded on west by Phillip Tinsley; north by Kibby Williams and John Fowler; east by John Roberts; south by deceased's home tract.
Land not susceptible to partition, being nine shares. Ask that it be sold and proceeds distributed to heirs.
[Signed] John P. Murray, Solrs for Complainants
TINSLEY, S. M.
HOWELL, JOHN G. and others
DEPOSITION: H. J. LYNCH age 29, lives Gainesboro, Sheriff of Jackson Co. for past two years, executed attachment Howell Brothers [mercantile store in Highland, Tenn]. Deputy Sheriff Ree Roberts assisted. Stated either J. G. or A. J. Howell refused to give up keys to store as there was a U. S. Post Office in the store. Mrs. J. G. Howell, mother of defendant A. J. Howell, was Post Mistress. Andrew Howell in presence of Guy Dixon said they could attach the goods, but the Post Office could not be closed. Debt was for $127.94.
[Signed] H. J. Lynch
DEPOSITION: REE ROBERTS age 34, live Gainesboro, occupation Debt [sic] Sheriff for two years. Highland Post Office was situated in the store. Stock levied on was $2,122.50. 17 September 1908.
[Signed] Ree Roberts
DEPOSITION: J. B. WALKER, age 45 live Gainesboro, know parties. [No relationships given, no signature].
DEPOSITION: JEREMIAH RAY age 68, live District 14, Jackson Co., occupation farmer. Known J. G. Howell since the Civil War and A. J. Howell since he was a child. Know land where J. G. Howell lives; think Highland is a separate track [sic] from the Jones track and the Adam Huffines track. There are three tracks. On the Highlands there is a good barn, store house, dwelling and blacksmith shop. Nothing on Jones track to amount to anything; don't know who bought it, whether John, Jim or Andrew. John G. Howell has been in possession since 1882-1883, A. J. Howell lives there, too - has since childhood. Some years ago, J. G. Howell was in mercantile business, quit, indebted to Anderson & Green who had Highland sold for debt about 1885.
Q: John G. Howell conveyed these lands to his son James A. Howell who at the time was a minor under 21 - did he set his son free [declared adult]?
A: James A. Howell claimed to own part of Jones track and all on Indian Creek side of Huffines land, also store house and dwelling.
Q: James Howell left a few years ago and went off to Texas, left property with John G. Howell and since has A. J. Howell been claiming?
A: Don't know. Howell Brothers put in goods there about eight years ago. A. J. Howell bought out Hugh Howell his brother.
Q: Were you at the trial in Gainesboro a few years ago - W. [or U.] T. Brown or Brown Howell was tried on charge of perjury before a J.P.
A: Yes, before T. M. Gailbreath
[Signed] Jeremiah Ray
COPY OF DEED RETYPED AS EXHIBIT: A. J. HOWELL and wife VALLIE to CAROLINE A. HOWELL, land 3rd District, Jackson Co., TN on Wartrace Creek...begin at J. L. McCarver's corner, bounded by Thomas Mundy & H. D. Howell's line...Wartrace Creek to Indian Creek to where Bailey and Frank Howell lives...to James Wolf decd line...follow rock fence to J. L. McCarver's line to beginning, containing about 250 acres. J. G. Howell to have life estate in Highland and Adam Huffines tract and the land purchased from J. L. McCarver or as much as it takes to keep him up.
We also convey our one-fifth undivided interest in tract where Frank & Mary Howell now live...convey entire interest in Alexander Cassety tract on East fork of Wartrace bounded on north by L. C. Williams; east by J. L. McCarver; south by Matt Huffines and west by J. A. Carver. Dated 31 May 1909
[Signatures typed] A. J. Howell, Vallie Howell Before J. L. McCarver, Notary Public
CHARGE TO JURY: Jno G. Howell purchased lands, took title in name of young son James Howell, alleged to have been born in 1870. In 1892 James left for Texas. Thereafter business was run in name of A. J. Howell born in 1872. Defendant Jno G. Howell and his sons A. J. Howell and Hugh Howell operated business as Howell Brothers.
NOTICE OF SUMMONS: J. B. Elkins, A. C. Chaffin, W. F. Gentry, A. L. Flynn, W. C. Spivey, T. G. Meadows, L. D. Heady, C. M. Kirkpatrick, Sampson Vanhooser, Wm York, Jno W. Meadows, M. B. Young, J. H. Mathis, C. L. Lock, B. F. Fox, T. P. Chaffin
[Signed] A. H. Birdwell, Sheriff
ORDER TO ATTACH [Arrest for failure to appear]: John G. Howell and wife Caroline; Laura Martin [posted bond as "Lena" Martin] wife of Kirk Martin. Bail Bond at $250.00 each. Clay Reeves was security on bond.
MARTHA R. RICHMOND
S. M. TINSLEY, etal
[Synopsis: Samuel M. Tinsley, W. C. Young and Napoleon B. Richmond agreed to go into business, purchased stock of drugs which turned out to be outdated and mislabeled. Richmond left town in February 1888 or 1889, a day or two after bill was filed against him by Samuel M. Tinsley, was gone some six months to two years, depending on testimony. [Lengthy case, few relationships given - mlj].
BILL OF COMPLAINT: MARTHA R. RICHMOND states she owns land 2nd District bounded by Cumberland River; lands of Wm Dycus, Geo Birdwell, etals. Defendant Tinsley had said land attached as land of N. B. Richmond, now advertised for sale to settle debts of about $700 owed him by N. B. Richmond.
Martha R. Richmond a married woman sues by next friend Yonn Wilson ?fath citizen of said county. 15 December 1888.
[Signed] Martha R. Richmond [Signed] J. Haile, Sol.
DEPOSITION: NANCY D. HALL knows Martha R. Richmond and place where she lives. It joins Mathew Rogers, Geo Birdwell & Wm Dycus & Cumberland River. Lands came through her father Travis Hobby and mother. Mrs. Richmond was his only child. After Travis Hobby died his wife lived on the lands and claimed; after her death Mrs. Richmond. It is reputation in family that Travis Hobby died before the war.
[Signed] Nancy D. Hall
DEPOSITION: MARTHA R. RICHMOND, states she is complainant, daughter of Travis Hobby who died in 1858. He lived on land about five years before his death; has about 150-175 acres. She has always lived on the land. "My mother lived about 18 years after my father's death...my father made a will...burned in the Court House fire." My husband is N. B. Richmond...he was gone from home about six months. When my husband was in the act of starting from the country...afraid of being assinated [sic] if he staid [sic] here. Mr. Wm Shoemaker and Jack McCauley were witnesses to my father's will, both deceased.
[Signed] Martha R. Richmond
DEPOSITION: DENNIS McCAULEY age 60, knew Travis Hobby in his lifetime. John Dowell property sold at auction, Travis Hobby was highest bidder, purchased. My father John McCawley and Littleton Hall were subscribing witnesses to Travis Hobby's will. All are dead. Mrs. Richmond was a woman of self will and controlled her property regardless of her husband's opinions.
Dennis [his X mark] McCauley
DEPOSITION: S. T. STONE age 44, practicing physician 12 years, said he advised against purchasing stock of drugs; labels worn off and relabeled, were outdated.
[Signed] S. T. Stone
DEPOSITION: W. C. MORGAN, 46, was sheriff of Jackson Co., and a man named Rodgers who had been in the penitentiary had attempted to assinate [sic] John Howell. Knows N. B. Richmond; someone had been reported late at night in his orchard, they thought it may have been Rodgers. From the time N. B. Richmond left this country and went off was about two years. Richmond was indicted for perjury November term 1888, acquitted March term 1889.
[Signed] W. C. Morgan
DEPOSITION: W. C. YOUNG, age 39 states he sold out to S. M. Tinsley "directly before the high tax was adopted". A short while after, Tinsley wanted to sell and Richmond wanted to buy. [No signature]
DEPOSITION: A. M. FORKUM age 31, live about 150-200 yards from Mrs. Richmond.
[Signed] A. M. Forkum
DEPOSITION: W. C. FORKUM, lawful age, ditto A. M. Forkum's deposition.
[Signed] W. C. Forkum
DEPOSITION: MARION McCAWLEY age 63, knew Travis Hobby, live about one mile from them.
[Signed] S. M. McCawley
DEPOSITION: N. B. RICHMOND age 43, am a defendant, husband of Martha Richmond. I had control of warehouse at mouth of Indian Creek. R. V. Brooks said W. C. Young wanted to rent it. Worked out a deal to buy stock from drug store for $350. Left the country in February 1888 or 1889, a day or two after bill filed against me.
[Signed] N. R. Richmond
DEPOSITION: R. V. BROOKS age 48 [Nothing pertinent, no relationships given].
[Signed] R. V. Brooks
DEPOSITION: JOHN H. CHAFFIN [blank] years, Clerk of Court. Court House burned 14 August 1872, no record of will.
[Signed] J. H. Chaffin
ANSWER: SAM W. TINSLEY [Repetitive, no relationships given].
[Signed] John P. Murray, Sols for Respondents [Signed] S. M. Tinsley
ORIGINAL BILL FILED 2 January 1888, Samuel M. Tinsley of Jackson Co., Tenn vs Napoleon B. Richmond of Jackson Co. Agreed to be partners in retail drug and confectionery business in 1887, share cost and profits equally. N. B. Richmond, W. C. Young and Sam Tinsley to be partners, one-third each. Orator put in $450.
[Signed] John P. Murray, Sol. [Signed] Sam W. Tinsley
DECREE: Richmond owes debt, Tinsley cannot attach Margaret R. Richmond's property, but can attach N. B. Richmond's curtesy/life estate interest in his wife's property.
APPEAL: N. B. RICHMOND 23 September 1891, due to poverty unable to bear cost of appeal.
[Signed] N. B. Richmond]
TINSLEY, S. M.
HOWELL, JOHN G.
DEPOSITION: A. J. HOWELL, mother is C. A. Howell, brother is H. D. Howell.
[Signed] A. J. Howell
DEPOSITION: BAILEY HOWELL age 42, live Indian Creek, 2nd District. States related to defendant [but not how related].
[Signed] B. P. Howell
DEPOSITION: L. C. MINCHEY age 40, farmer, stated Andrew Howell claiming Amanda Huffhines place.
L. C. [his X mark] Minchey
DEPOSITION: JAMES MAJORS age 52, live Smith Co., farmer. John G. Howell was security on notes with J. C. Ray and perhaps W. H. Brook. "I let John G. Howell have corn to pay rent and after the corn was delivered to the barn he made the remark that Tinsley had beet [sic] Richmond and Richmond has beet you and now I am going to beet the whole click".
James [his X] Majors
DEPOSITION: H. D. HOWELL age 34 live Highlands, am son of John G. Howell and brother of A. J. Howell. Had been living at his father's, was asked to move, and after he left was considering suing to get his money out of the store.
[Signed] H. D. Howell
DEPOSITION: S. A. COOKE, known John G. Howell 30-35 years.
Q: Has he had son James cover up his property, and after he left for Texas, his son Andrew J. to hold his creditors off?
A: Don't know.
[Signed] Sam Cook
TINSLEY, W. K., Guardian of CARMACK, WILLIE
GUARDIAN'S REPORT 9 FEBRUARY 1914, mentions:
Willie Carmack, the son of Tobe Carmack.
Willie Carmack, the son of Bob Carmack .
Lee Carmack the son of John Carmack.
Knew Lee Carmack in his lifetime. "He is dead - no heir surviving, under 21 at death"; that Joe Ann Carmack, now Joe Ann Pritchett, is the mother of said Lee Carmack deceased and under law she is now entitled to Lee's estate in hands of W. K. Tinsley, Guardian. Items under expenditures for Lee Carmack lists:
19 June 1913, Check to Lee Carmack $5.00
19 June 1913, Lamb sold to Lee Carmack 3.75
Aug 1914 Burial outfit for Lee to Ed L. Young & Co.
9 Feb 1914, Med. from L.B. Anderson for Lee .20 [This item possibly billed after his death].
Marion Harris is the Administrator of Robert Carmack, deceased, settlement was June 26, 1906.
Belonging to Willie Carmack the son of Robert Carmack, deceased....[$sum]
Belonging to Willie Carmack the son of Tobe Carmack, deceased.......[$sum]
Belonging to Lee Carmack, son of Jno Carmack, deceased
Guardian reports nothing belonging to estate of Pearl Carmack has ever come into his hands; that she is now 21 and that she has sold her interest in land to L. B. Anderson and Anderson holds deed for same. Dated 3 December 1912
TINSLEY, W. K. Guardian of LOFTIS, EDNA
Edna Loftis is minor heir of J. M. [or W.] Loftis. Earliest settlement shown here dated 7 Aug1899; Final settlement dated17 Sept 1900.
TINSLEY, W. K.
vs WILLIAMS, SAMUEL and others
BILL OF COMPLAINT: W. K. TINSLEY states defendant Samuel Williams is supposed to reside in Louisiana; defendant Emily Jane Williams is a resident of Clay Co., Tennessee. Complainant was security on note for $500; remaining indebtedness [$700-$1200] by account. Samuel Williams is the son and heir at law of William Williams who died intestate in Clay Co. a short time ago. His land is in Jackson and Clay Cos. There is no administrator. Emily Jane Williams is the widow and relict of William Williams. Samuel is entitled to 1/10 after dower and homestead, there being ten children. Said William Williams died seized of following property:
Tract in Jackson Co. lying on Cumberland River in 8th District bounded by William Warren on the south; Wm Langford on east; Marion Harris on west and Cumberland River on the north, being 150 acres where Joe Whitaker now lives...
also 100 acres in the 8th District bounded by Wash Beachboard on the north; south by the District line and east by [blank] Carmack and west by [blank] Richardson...
also tract in Clay Co., Tenn where William Williams lived at his death, bounded by land of John Williams, Ad Boles and others...
Samuel Williams is insolvent, except the estate, asks he be enjoined from selling his interest. Dated 11 April 1905.
[Signed] W. K. Tinsley [Signed] J. T. Anderson, W. W. Draper, Sol.
DEPOSITION: T. H. HAMPTON age 44, lived in 1902 at edge of Clay Co. Known parties 25 years or more. Were partners in goods business 1902, clerked for them 4-5 weeks. After Williams went off, went back and helped wind up the business for a few months.
[Signed] T. H. Hampton
Peter T. Haile, minor heir of A. F. Haile, deceased, settlement in Book B pg 493, 27 January 1890. Earliest settlement date shown was 25 December 1887, listed rent of land for the year 1886.
TITTLE, JOHN, Administrator of Susan A. Holleman, dcd and
McKINLEY, G. W. and McKINLEY, S. A.
BILL OF COMPLAINT: JOHN TITTLE, as Administrator of Susan Holleman, deceased, cause heard February 1891. Orator states George McKinley and S. A. McKinley, Tenn executed and delivered to Complainants Elizabeth Holleman and Susan A. Holleman, all citizens of Jackson Co, on 8 January 1885, their promissory notes each for $100 payable respectively in two and three years after date as purchase money on following: Tract in 5th District in Jackson Co, Tenn bounded on north by G. W. Tittle; east by Wm Lambert; south by G. W. Tittle and west by Amos Manear, being 70 acres more or less. Notes are past due and unpaid. Said Susan A. Holleman is now dead and John Tittle is Administrator of estate. Ask land be sold and recover from defendants G. W. and S. A. McKinley.
[Signed] John Tittle
TRISDALE, MARLIN, etal
BILL OF COMPLAINT: SARAH E. TRISDEL of County and State aforesaid married in Jackson County, Tennessee on 31 March 1883 to Marlin Trisdel. Lived as man and wife until last Saturday 11 October 1884 when defendant abandoned her. Has infant child of their marriage, going on 10 months old [named Kibbie A. M. Trisdel]. 21 December 1884 just after oratrix delivered child, defendant Marlin Trisdel in presence of Dr. Henry P. Loftis, attending physician and others, denied being the father, has been abusive. Personal property consisting of household goods and 20 acres of corn standing on farm of James A. Williams. Asks be enjoined from selling, requests divorce, custody of child.
[Signed] R. A. Cox & Bro, Sol.
[Affirmed] Sarah [her X mark] Trisdel dated 10 October 1884
TROUSDALE, WM C. etal
MAXWELL, W. H. et ux
CROSS-BILL: WILLIAM H. MAXWELL makes oath original deed and registration lost or destroyed. Only way to establish bounds is testimony. Co-Defendants George R. Holloman, Thomas Holloman and James Holloman and Mrs. Nancy Holloman and complainant William C. Trousdale he is informed and believes know the land and boundaries but decline to go upon land and show...Defendants are neighbors of complainants and don't want to hurt feelings. Wife was too young to know bounds when she resided upon land. Filed 17 September 1882.
[Signed] Wm H. Maxwell
CLERK & MASTER'S REPORT: Procured E. L. Jackson, County Surveyor to settle land dispute. When W. H. Maxwell & King McDannell & W. C. Trousdale all appeared, but produced no deeds or papers with which to run said land. [Nobody happy].
SUPREME COURT OF TENNESSEE: W. C. Trousdale and King McDaniel vs W. H. Maxwell and wife Mary S. Maxwell, etal. Heard cause on transcript of record from Chancellor of Jackson Co., Tennessee who dismissed Complainant's bill. Supreme Court thinks otherwise. Remanded to Jackson Co. Chancery Court.
CHANCERY COURT: 6 Nov 1849, Joseph Burgess and wife conveyed land to Mary S. Burgess, now wife of defendant W. H. Maxwell. She was then an infant for whom George Holloman, the other defendant, was at some point guardian. While acting as guardian, Holloman instituted suit against his ward for sale of land and a guardian ad litem was appointed. Land sold, vested out of Mary S. Burgess into purchaser. Complainants are sub-vendors of purchaser. Some money was used to Mary S. Burgess' benefit, some retained by Guardian. After she reached majority...intermarried to W. H. Maxwell, brought suit to recover land. Records destroyed by fire.
DEPOSITION: JAMES A. SPURLOCK, a resident of Versailles, Morgan Co., Missouri [Written/mailed deposition based on questions submitted by Plaintiff and Defendant's attorneys]. States age 57, practiced law and [cannot read]. Left for Missouri October 1858. Filed petition to sell lands of Mary Burgess (now Maxwell). Petitioned to sell land, about 40 acres; ward was infant of tender age. W. C. Trousdale and his brother had it [land] bid in at price of $400 on notes. King McDonald may have been purchaser with Trousdale. No money went to Mary Burgess, but to parents for her, as she was too small. Larkin Ferrell let her have provisions and came to me for pay. Interest on funds only amounted to about $15 a year. The parents Josiah Burgess and Mary F. Burgess were indebted when they transferred the land to my ward. These debts were liens on the land; I paid them off, costs and all and there was only about $240 realized on sale of land. Spring of 1858, made final settlement [for the year] and then resigned. Benjamin E. Williams, one of my securities as I remember, was appointed guardian. Ward was of tender age and parents disabled physically so bad as not to be able to [?care for] themselves scarcely. I never paid Mr. George Holliman her money, but paid it to Mr. Cassety the County Clerk, who told me Mr. Holliman had been appointed her guardian.
I was solvent at and before I left Tennessee. Mary S. Burgess was a mere infant, her father bad cripple, mother badly nearsighted - no means except land. One note was used to buy a house in Gainesboro.
Larkin Ferrell and others let her have more than billed for it - I paid some without charging funds; if I had, money would have been consumed in the eight years I was guardian and I had to pay the bills or let my ward suffer. Land was so out of repair including fences it could not be rented.
C. W. Price and others had judgments against parents.
Josiah Burgess sold me his life estate as tenant by curtesy.
Was appointed guardian in 1849 at instance of her parents. Surety on Guardian Bond were Benjamin E. Williams of Gainesboro, Peter G. Cox of near Gainesboro and [?] James Pharris of New Columbus.
Mary F. Burgess the mother of my ward always claimed land and funds after she transferred land to my ward and wanted me to sell it, but I would not have sold it if not pressed on me by friends of my ward to keep her from suffering.
Never paid Mary S. Burgess a cent. She was too young. Bought clothing, paid for provisions.
[Signed] James A. Spurlock
Test: James McNair, Clerk, Circuit Court, Morgan Co., MO 24 July 1882
DEPOSITION: GEORGE HOLLIMAN, about age 66, know parties, am a cousin to Mary F. Burgess. Appointed guardian of Mary S. Maxwell at one time. About $70.00 of funds given me from County Court. Mary F. Burgess had no means she had two children she kept the children with her. Know the John Holliman farm, raised adjoining. Contained about $250 acres, worth $15-$20 per acre. Land at one time divided; six heirs. Mary F. Burgess, daughter of John Holliman, got 1/6; drew 2nd lot from the lower end. It ran near the grave yard. Joel Holliman told me it included the graveyard. W. C. Trousdale is William Trousdale. Think Matt Trousdale moved the house off the land. Don't think there was valuable timber.
[Signed] G. R. Holleman.
DEPOSITIONS RE LAND VALUE: W. F. Goolsby, lawful age; D. M. Apple about 54 live Smith Co.; M. M. Clark about 44 live DeKalb Co.
DEPOSITION: JAMES G. HOLLIMAN age 37, know John Holliman lands, where "my father George R. Holliman lives"; includes the land King McDannell claims. James states he is a renter, testifies to rent value. 21 Nov 1881.
[Signed] J. G. Holliman
AMENDED BILL OF COMPLAINT: William C. Trousdale & King McDonald of Jackson Co., TN vs W. H. & Mary S. Maxwell of Putnam Co., TN and George R. Holleman of Jackson Co., Tenn, Mathew Trousdale of Sate of ?Texas.
Orators filed May 1887. Basry Ba_ _ le died many years ago, hopelessly insolvent.
[Signed] R. P. Brooks, John P. Murray Sols for Company, Dated 27 September 1877. [Signed] W. C. Trousdale, King McDonald
SUPREME COURT DECREE: Mary S. Maxwell received 6 1/2 acres +/-, new boundaries, new survey "being the lot laid off and assigned to Mary F. Burgess in the partition of the land of her father John Holman deceased, counting 37 3/4 acre by survey" and a writ of possession will issue [to Complainant] to put Maxwell and wife in possession of land...failed to allow rent...aggregate amount due Defendants by Complainants $2946.00.
TURNEY, PETER, Administrator of Samuel Turney, deceased etal
[Note: No Bill of Complaint filmed on this reel. Samuel Turney appeared to be the local unofficial banker, lending money, purchasing discounted notes, and William Davidson handled some collections. No relationships given. Could have been attempt to settle Samuel Turney's estate].
DEPOSITION: H. DENTON for defendant, offices of B. B. Washburn, Gainesboro, [blank] March 1868. States age 49, bought horse of William Crawford on note. Before it fell due, note was sold.
[Signed] H. Denton
NOTE AS EXHIBIT: We, Samuel Turney and David M. Haile promise to pay to William Daviston $250...
[Signed] David M. Haile
DEPOSITION: James W. Draper age 58, testified he was engaged in shaving notes. About 10 March 1855, purchased a batch of notes ranging from about $5 to $50, totaling $320 for $231.50, or a 28% discount.
[Signed] James W. Draper
ACCOUNT BOOK: SAMUEL TURNEY [Date is due date; I did not list amounts $5-$50]
Wm Carter due 8 July 1849; Benj. Flatt 10 Nov 1853; Sam Smith & Henry Sanders 9 Nov 1853; J. W. Heady 12 Nov 1844; Jesse Carter 4 Nov 1851; Sebert Pate 29 Jan 1850; Phillip M. Long 10 July 1849; John Eakle 4 May 1845; W. C. Burke & others 13 Jan 1853; W. G. Anderson 22 Mar 1853; Wilson Cherry 6 Mar 1854; Tho Smith 12 Nov 1852; Walker Brown 22 Feb 1855; Drury Smith 8 Nov 1850; John Eakle 20 Nov 1837; Rose Langford & others 9 Nov 1853; Order on H. Denton to pay Crawford note No Date; Rose, Orgathorpe etals 6 Mar 1854; Asel Duncan 11 Nov 1853; Sam Huff 10 Nov 1853; Jas Pharis 14 July 1854; Henry & Dale Carter 14 Nov 1854; Danl Keith 4 Mar 1854; James Mahan 25 July 1845; E. Green 9 Oct 1848; J. B. Pointer No Date; C. Jones 14 May 1853; Henry Carter 10 Nov 1853; James Pharis 4 Mar 1852; Wm Nickens & White Myers 5 July 1852; Walker Brown No Date.
Total amount including interest added was $926.65.
Debt Collected: Ed Anderson account; Burke & Murphy note; W. G. Anderson note; Rose, Langford etals; Rose, Ogathorpe et als; Asel Duncan; Henry & Dale Carter; Elias Green; J. B. Pointer; Henry & Dale Carter; Jas Pharis - Bal on note; Nickens & Myers.
Total amount was $348.30
DEPOSITION: B. B. WASHBURN age 54 stated Wm Davidson was Admr of Thos Davidson, and Wm Davidson paid all the costs. 9 Oct 187[blank]
[Signed] B. B. Washburn
ANSWER: WILLIAM DAVIDSON, Defendant states Berry Stephens was Administrator of Samuel Turney, deceased vs William Davidson. Not satisfied with Clerk & Masters Reports. Defendants say entitled to compensation for trying to collect debts. Peter Turney was Administrator of Samuel Turney, deceased.
CASE: TATE, W. H. vs TATE, SAMANTHA 1886
William H. Tate states they married in Jackson Co., Tenn about 13 Feby 1885. Alleges adultery with William Clark & others. Requests divorce, rights of single man restored. No defense by Defendant.
[Signed] Wm M. Pickett, Sol. Affirmed: W. H. [his X mark] Tate
CASE: LUCY TAYLOR vs JOHN TAYLOR 1893
Married 18 Aug 1887, together 4 years. Defendant left two years ago. Alleges cruelty, lewd acts with Fannie Smith, father unfit. One child, boy age 5, name not stated.
[Signed] Butler & Dixon, Sol. Affirmed: Lucy [her X mark] Taylor
CASE: PHILANDER TERRY vs MARTHA S. TERRY November 1888
Married 2 Sept 1888, she abandoned. At time of marriage deft was pregnant "3 or 4 months gone", complainant knew nothing. She is about to be confined. Orator on a visit to the State of Texas for some four months until about one month before their marriage; evident fact some one else is the father...11 Feb 1888.
[Signed] Wm M. Pickett Affirmed: Philander Terry
CASE: P. T. THORNTON vs SARAH THORNTON 17 September 1893
Married in Simson [Simpson] Co., Kentucky 25 July 1891, together two years. Defendant in 1893 willfully refused to remove with him to this state. Complainant lists Defendant's address "parts unknown". Charges acts of adultery with one Jack Eler.
P. T. [his X mark] Thornton [Signed] T. B. Upchurch, att.
CASE: VALLIE TITTLE vs SHIRLEY TITTLE 5 May 1896
Married Jackson Co., TN 18 Aug 1893, happy until a year after their marriage, alleges abuse. States October 1895 Defendant abandoned her. One girl child [name not given] issue of the marriage.
[Signed] John Cale [Affirmed/Signed] Vallie Tittle
CASE: LYTTA TROBAUGH vs JOHN HENRY TROBAUGH 21 June 1882
Married Jackson Co., Tenn [blank dates], happy to [blank] 1882. Only property mentioned was rifle gun. Requests divorce, rights of single woman, name restored to maiden name of Brotherton.
Lytta [her X mark] Trobaugh [Signed] Bowen A. Butler for Complainant
CASE: LAFAYETTE TROBAUGH vs LUCINDA TROBAUGH 15 Sept 1877
Married Putnam Co., TN 14 Oct 1874, together 3 months. About 10 March 1875 Defendant abandoned petitioner, moved away from here more than two years, her residence now unknown.
[Signed] T. H. Butler [Signed] Lafayette Trobaugh
CASE: W. C. TROGLEN vs BETTIE TROGLEN 20 Sept 1897
W. C. Troglen of Putnam Co., Bettie Troglen parts unknown, gone two years. Married 27 Mar 1895 Barren Co., KY.
[Signed] G. B. Murray [Signed] W. C. Troglen
UNION BANK & TRUST as Admr of Est John F. Wheeless, late of
RAY KIRKPATRICK & T. J. MERCER & wife MANERVA; and JOHN M. BURRIS
BILL OF COMPLAINT: 6 April 1887 Ray Kirkpatrick & wife Margarett Kirkpatrick sold land to T. J. Mercer in 8th District of Jackson Co., TN on notes. T. J. Mercer, Burris & Kirkpatrick are hopelessly insolvent [Goes back to Wm Tinsley & John H. Stone case; this is only part filmed here, no other relationships given. No signature].
JEFFERSON ROBERTS etals
BILL OF COMPLAINT: GILLUM UPCHURCH vs Jefferson Roberts, Robert J. C. Gailbreath, Jefferson Roberts all of Jackson Co. and E. Leberman & L. Leberman of Louisville, Kentucky. States about 5 October 1857 defendant Robt J. C. Gailbreath called on him to stay judgment rendered by William McCue, J. P. [No relationships given].
[Signed] John P. Murray, Sol.
[Signed] Peter G. Cox [Signed] Gillum Upchurch [barely write]
ANSWER OF SALLEY UPCHURCH to bill of Carter Upchurch; denies that the Complainant was faithful...not true she has been unfaithful... false that she has been guilty of adultery with James Pharis or any one else. True that Plaintiff has left her...after he returned from the army conducted that no decent person ought to have submitted to; failed to provide for the family was indolent and lazy became abusive...in the habit of drinking to excess & staying away from home of nights as well as days...guilty of adultery with Jane Skimmerhorn & Molly Meadows. Respondent prays that this be filed as a cross bill to the bill of Carter H. Upchurch. He has no personal property but his interest in a certain tract of land called the five shares in the Nancy Andersons dower purchased as the shares of W. D. Anderson...deed made by James Draper trustee to said Nancy Anderson also Ross Upchurch's interest in the same land as he was the brother of Complainant & it is said he is dead & died with out issue ["having never been married" is marked through here].
s/s Dewitt Sol
Affirmed: Sarah [her X mark] Upchurch
ANSWER: CARTER H. UPCHURCH says the family always had plenty while he lived with the defendant, that he is neither indolent nor lazy & that he provided for the family - worked hard; and yet works, denies habit of drinking too much: He did accuse her of unfaithfulness, but not falsely - It is true that he was from home some but not with lewd characters nor was he guilty of adultery with Jane Skimehorn or Milly Meddows nor was he abuseful to defendant - he is man of easy temper. He denies pursuing a lewd course since he left her.
Filed 21 April 1870, R.A. Cox C&M
Carter Upchurch made oath that James Vineson the security in the injunction on attachment bond in this case is wholly insolvent ...give other and better security.
C. H. Upchurch
Sworn and subscribed before me this 26th April 1870.
Test: R.A. Cox C&M
ANSWER: CARTER UPCHURCH to amended bill of complaint. Denies he absconded or left her bed and board; says it is impossible for a husband to leave his wife's bed and board, for in contemplation of law the husband owns all both bed and board. In the year 18 [blank] his wife the said Sally Upchurch was guilty of adultery with one William Malone and William Fox and Henderson Brown in the county of Jackson; when respondent came to suspicion this conduct in his wife instead of driving her off, left himself and remained away since. Left in her possession property charged in her bill; besides one mare about 13 years old, one filly, one cow and calf, all worth about three hundred dollars. Respondent took nothing with him except his wearing apparel. Complainant had the use and enjoyment of property for four or five years. Besides complainant has a dower interest in the tract of land on which she now lives worth two hundred dollars; and as her husband, respondent entitled to courtsy [curtesy] during his life. Denies her son James is a minor he is a married man; the head a family himself- her mother it is true has lived with him some time but he says he under no obligation to furnish her. Denies he got possession of the yoke of oxen mentioned in complaint by illegal means. Sally Upchurch undertook to act as feme sole, and traded said oxen to Joseph Bullington, or her son Walker Vinson and he to Bullington; respondent could not let complainant act for him and therefore brought suit of repleven against Joseph Bullington for said oxen before Charles Hopkins, an acting justice of Jackson County; all parties to wit Joseph Bullington, Sally Upchurch, and Walker Vincin had due notice, appeared, employed counsel, and made defence, cause was tried upon its merits where said justice after hearing all the evidence both pro and con gave judgment in favor of respondent and against defendant the title and possession belonged to respondent that Sally Upchurch had no power or authority to trade said oxen.
[Signed] Haile, Sol
AMENDED BILL OF COMPLAINT: SALLY UPCHURCH a citizen of Jackson County...Carter H Upchurch absconded & left her bed & board...at the time the said Upchurch left her, he left her in the possession of the following items of property to wit: one yoke of oxen, yoke, ring & staple the oxen were of a black color worth about seventy five dollars & one mare since died she has one colt now in the possession of your oratrix & 1 cow and calf & other articles household furniture ... property exempt in the hands of said Upchurch as the head of the family which family consisted of your oratrix & her son ["James" marked out] Hamilton Vinson a minor & her aged mother upwards of 80 years of age who is entirely destitute & has been dependent alone on your oratrix & family for her support for the span of 18 years.
She states that the said Carter H. Upchurch is still absent & away from his family...
[Signed] Sarah Upchurch
[Note: Sarah Upchurch was the proven daughter of Agness [nee McCormack] Wheeler. Sarah's father unknown. Agness' husband James Wheeler was killed in the War of 1812 in VA; according to her pension, she never remarried. Sarah married first William Henry Vinson. USC 1850 Jackson Co, TN, Dist 15, #1096: William Vinson, 34 m farming TN, Sarah 24 f TN, William 6 m TN, James 2 m TN
1860 USC lists in Jackson Co., TN Dist 15: Upchurch, Carter 34 m farmer TN, Sally 35 f VA, Henry Vincent 15 m TN, James 12 m TN, Hamilton 9 m TN, Martha 7 f TN, Leroy Wheeler 2 m TN [son of Hopkins Wheeler], Agnes Wheeler 67 f weaver VA
1880 Jackson Co: 129: Upchurch, Carter m 66, TN TN TN, Sarah 54 f wife VA VA VA, Wheeler, Agnes f 93 mother in law VA VA VA].
YOUNG, LITTLEBERRY & STAFFORD, JOSEPH
YOUNG, THOMAS etals
Defendants: Thomas Young, John W. Young, Rhoda Dudney, Patrick N. Dudney, Elizabeth Stafford, Lorenza J. Stafford, Duke Young, Sally Young, Zebulon Young, Harrison Young, Henderson Young, Melin [sic] Young, James Stafford and John Stafford [No relationship given].
FINAL DECREE: 8 February 1854 before Broomfield Ridley, Chancellor. Clerk & Master sold lands to highest bidder Joseph Stafford [?Jr] for $200 in 1st District, north side of Tally's Hollow, being 50 acres which once belonged to James Young.
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