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.
UPCHURCH, H. R. v ANDERSON, BYRD etal 1901
Court to appoint Administrator for the estate of GILLIAM UPCHURCH, died intestate 1898, bond $1,000. Court offered to appoint W. M. GAILBREATH, who was objected to by attorney of H. R. UPCHURCH, a son of Gilliam. J. M. UPCHURCH, a son of said Gilliam, offered to take appointment himself, which was objected to. J. M. UPCHURCH offered to fix bond at $4,000.00, then declined appointment. H. R. UPCHURCH was given until Monday night May 13, 1901 to find suitable Administrator, bond to be $4,000.00.
UPCHURCH, H.R. v ANDERSON, BYRD etals - due to poverty, H. R. UPCHURCH unable to bear expense of appeal. 26 June 190?2
Depositions taken 21 June 1901
DEPOSITION of THOMAS UPCHURCH, age 55, states he has known parties to suit all his life. "GILLIUM UPCHURCH was my father. JOHN M. UPCHURCH is my brother". Stated he resides 11th District, Jackson County, Tennessee in Buffalo hollow; raised on Flynn's Creek on land in controversy, lived there since child, remember everything till 1894 or 1895 or when I was thrown out by the officer [of Jackson Co. Court]; that he lived on the 64 acre tract 12 or 14 years then 70 acre tract some length of time...to 1894 or 1895. Stated his father GILLIAM UPCHURCH controlled the land and paid taxes from first recollection until leaving.
Ques: Do you know the 64 acre tract JAMES JONES claimed?
Ans: About 1859 JAMES JONES was here...GILLIAM owed JONES some money he collected from my grand father [difficult to read - could be MURAY'S] estate. GILLIAM UPCHURCH conveyed to JONES the land and JONES gave my mother the deed that GILLIAM UPCHURCH made to the heirs. PINCKNEY McCARVER recovered a judgment against GILLIAM UPCHURCH, and had the land levied upon. "Gilliam was afraid McCARVER would be successful in selling and conveyed to JONES...JONES was a son of my mother...I understand GILLIAM claimed and controlled the land and paid taxes...JAMES JONES did not." GILLIAM UPCHURCH sold timber from the land...CHARLEY HOPKINS and JIM CARTER got some. PINCKNEY McCARVER lawed my father over this land. "I don't know if I was in the suit as an attorney. I helped GARDENHIRE take some proof. My father claimed the land through his first wife by inheritance...life estate by marriage.
[Note: GILLIAM UPCHURCH'S first wife was SARAH ANDERSON, daughter of CALEB and NANCY ANDERSON, proven on Reel #124, case of MANERVA WHEELER vs BOTTS etal].
THOMAS UPCHURCH was dispossessed of land by writ initiated by JOHN M. UPCHURCH. Stated in 1893 "my father stated in the first trial that he sold J. M. UPCHURCH the land to take care of him while he lived". There were two tracts, 64 and 70 acres worth $3500 or $4000, would rent for about $250 per annum. THOMAS UPCHURCH stated his mother was drawing $144 per annum pension from the Government based on United States service of a son who died in the Civil War; that after his mother's death, GILLIAM UPCHURCH applied for and drew the pension until his death.
Ques: Was he [Gilliam] a spendthrift?
Ans: No...right smartly extravagant when drinking.
THOMAS UPCHURCH stated JOHN M. UPCHURCH had a "right smart influence on their father GILLIAM UPCHURCH and that JOHN M. UPCHURCH sued him for possession of the land", and "Gillum took sides with John...John put me out of possession...got the whole tract".
CROSS-EXAMINATION:
Ques: How long have you been mad with JOHN M. UPCHURCH?
Ans: Not mad, don't know that I have spoke to him since trial when dispossessed about 1894.
"I am 55 years old - 56 next month...Never bought or sold land...never rented a tract of land until I was throwed out of that place in 1894. I rented two or three years after I was throwed out. I paid my rents them years like a good boy. I paid T. B. Upchurch some three years after that, I forgot what it was. I think 40 or 50 acres rented from Ba_ _ _ MUNAY/MURAY [can't read] for $25.00 one year after that."
THOMAS UPCHURCH stated he was claiming land by adverse possession...lived there 29 or 30 years, raised a family there, father never charged any rent. Stated H. R. UPCHURCH told him he could live on the land if he won the case and got the land. Stated J. M. UPCHURCH was born in 1850.
When asked if he was testifying on behalf of T. B. UPCHURCH or working for him, Thomas stated: "T. B. UPCHURCH took me around behind the Court house today and told me he wanted to employ me".
THOMAS UPCHURCH was asked how many children J. M. UPCHURCH had, replied:
" Two children by his first wife and I don't know how many by his last wife, three or four though". THOMAS UPCHURCH said: "I have raised" [looks like 7 was written over 8 - but could be opposite] children. [Signed] THOMAS UPCHURCH
DEPOSITION of WILLIAM NEWTON of lawful years for Complainant. Knows JOHN M. UPCHURCH and GILLIUM UPCHURCH. "I swapped horses once with Uncle GILLUM UPCHURCH. I mentioned the trade with John and ended the trade with Uncle Gillium". I think LITTLETON WADE or his boy one swapped for the mare...disremember if before or after Gillium's death. WM [X] NEWTON
DEPOSITION of: ASIA JACKSON of lawful years, states "H. R. UPCHURCH and JOHN M. UPCHURCH are my uncles. GILLUM was my grand father. TOM UPCHURCH is my father...was raised on land in controversy. My father THOMAS UPCHURCH lived about four miles from grandfather when he died. JOHN M. UPCHURCH lived at my grandfather's at his death. My grandmother died first about five years before grandfather.
Ques: Have you heard of any trouble between your grandmother ELIZA UPCHURCH and Defendant?
Ans: My grandfather and grandmother were pensioners. Grandmother drawed until she died and after that my grandfather drawed until he died. My grandmother said that as long as she was alive, she would see that Thomas got a dollar now and then.
ASIA [X] JACKSON
DEPOSITION of J. M. JOHNSON, of lawful years, for Complainant. Know parties and lands, knew Gillum 20 or 25 years until his death 2-3-4 years ago...Gillum about 80 years when he died I expect. JOHN M. UPCHURCH is a son of Gillum. My profession is lawyer. I think I represented TOM UPCHURCH and maybe H. R. UPCHURCH in a suit J. M. UPCHURCH brought to dispossess TOM UPCHURCH...unlawful detainer.
Ques: Is J. M. UPCHURCH literate?
Ans: Reasonably intelligent, reasonable education, reasonably shrewd...He has been teaching school... [Signed] J. M. JOHNSON
Next depositions taken 22 June 1902.
M. J. DIXON of lawful age, occupation Lawyer, for Complainant states has known JOHN M. UPCHURCH since 1890, knew GILLUM UPCHURCH about the same time until his death. Represented them against TOM UPCHURCH and ROSS UPCHURCH. Afterwards GILLUM UPCHURCH was dismissed from the case; were two cases, one to collect rent and the other forcible eviction from the JONES tract following a deed from GILLEM UPCHURCH to JOHN M. UPCHURCH in 1894. Deeds were from JAMES JONES to JOHN M. UPCHURCH and a deed from GILLUM UPCHURCH TO JOHN M. UPCHURCH. JOHN M. UPCHURCH was leading the witness GILLEM UPCHURCH in his testimony, and J. M. JOHNSON objected and said stop dictating answers to the old man...GILLEM UPCHURCH him or his wife one was drawing a pension on account of the death of a son in the Union Army. JOHN M. UPCHURCH made out an account for the burial expenses and sent it to the pension bureau at Washington, DC for payment". [Signed] M. J. DIXON
[Note: Indications are ELIZA and then GILLUM UPCHURCH were drawing a USA pension on their son WILLIAM UPCHURCH who was killed in the Civil War. This would have to be ordered from National Archives using Form 85 - mlj].
W. G. DOWELL, age 67, knew land and GILLUM UPCHURCH 30 years. GILLEM UPCHURCH paid taxes on land until 1893 or 1894. Have known Gillem to rent part of land to JOSHUA HALE and JAMES BROWN, about 1885 and JOSHUA HALE in 1871. Gillem collected of me for cutting an oak tree in 1878. JOHN M. UPCHURCH claimed land adversely in 1897.
CROSS EXAMINATION:
Saw Gillam pay property tax to WILLIAM JOHNSON in 1874 and 1875, paid in paper money and believe it was $9.00...I was collecting officer...only know of Gillem paying taxes for three years between 1873 and 1897.
Ques: Did you not hear JIM BROWN say he rented from J. M. UPCHURCH and not from Gilliam?
Ans: No, Sir. [Signed] W. G. DOWELL
AUSTIN DOWELL age 34 for Complainant, sworn, states he knows land and parties, that he lived on the land seven years ago for part of the year in summer. Questioned as to personal property owned by GILLEM UPCHURCH..."We eat in JOHN UPCHURCH a while and then took to eating in UNCLE GILLAM UPCHURCH'S house. Well acquainted with Gillem, knew about as long as I knew anybody. "I live at the head of what they call the old Uncle Gillem Upchurch hollow...own no land".
AUSTIN [X] DOWELL
J. M. C. CARTER, of lawful years, for Complainant, sworn, states he knows land and parties to the suit..."I sold GILLIAM UPCHURCH some bee gums and he owed me 50 Cents on them...about a week before he died he sent the 50 Cents by JOHN UPCHURCH...all that I know of him owing...I have known Gillem ever since I was a little boy - 50 years ore more - it was my understanding he married twice.
I am 62 years old...understand Gillum married SALLIE ANDERSON, daughter of CALIP [Caleb] ANDERSON the first time...don't know how many children...I knew two and one is H. R. UPCHURCH and the other one CARTER UPCHURCH is all I know... CALIB ANDERSON [sic] had a right smart of property he died before I was born...owned land and I think three Negroes I knew two of them they lived with CALEP ANDERSON'S widow as long as I knew - don't know what went with them.
Ques: Was Gillem a drinking man or not?
Ans: A great portion of the time he drank whiskey.
Further stated Gillem sold him timber "upwards twenty years ago from the south side of the farm on the ridge, some in GILLEM UPCHURCH hollow...about all the walnut he had...HENRY CARTER bought some.
"His wife drawed a pension and she died and he commenced drawing again."
[Signed] J. M. C. CARTER
NOTICE OF DEPOSITIONS to be taken 28 June 1901, dwelling house of WILLIAM STEAKLEY in Buffalo Valley, Putnam County, Tennessee of WILLIAM STEAKLEY and wife NANIE. [Signed] H. R. UPCHURCH
NANIE STEAKLEY of lawful age, testified as to personal property of GILLIAM UPCHURCH. "I am a grand daughter of GILLUM UPCHURCH. THOMAS UPCHURCH is my father. I am a niece of JOHN M. UPCHURCH...raised on land in dispute...Grandma drawed a pension and I don't know about Grandpa.
[Signed] NANNIE STEAKLEY
AFFIDAVIT that [above] depositions..."taken by me and T. M. GAILBREATH."
[Signed] P. JONES, J. P.
DEPOSITION of ELIZA CARTER, age 35...know lands, born and raised on it, know Defendant "since I can remember, suppose 25 years". Stated could not tell what personal property GILLIUM UPCHURCH and JOHN M. UPCHURCH owned, was mixed up. "He and Uncle John lived there in joining houses...don't know who owned what...JOHN M. UPCHURCH owned personal property before he was married...I know Father was put off of the place...I have heard Grandfather and his wife have some few words about the pension but I don't know what it was about particularly. I never heard Uncle John take part in it".
Ques: Did you or not tell T. B. UPCHURCH that your grandmother accused JOHN M. UPCHURCH of taking some of her pension money?
Ans: I did not.
GILLEM UPCHURCH, of lawful age, states he was raised on the land, known all the parties all my life "except Ross...JOHN UPCHURCH and ROSS UPCHURCH is my uncles. GILLIAM UPCHURCH was my grandfather. I cultivated the land he never charged rent".
Ques: Was JOHN UPCHURCH a son of his first wife?
Ans: No...son of his last wife. Grandmother told JOHN UPCHURCH that he would take all the pension money and let them go liking [lacking] for clothes...and if either of them gave THOMAS UPCHURCH a dollar there was a big row...Grandfather said John made him drive old Ross off and he hated to have it to do...JOHN M. UPCHURCH controlled the old man.
CROSS EXAMINATION:
The old man said he had to get the money to pay taxes and that THOMAS UPCHURCH and JOHN UPCHURCH was tending the land free and they ought to do enough to pay the taxes. GILLEM [X] UPCHURCH
J. H. CHAFFIN, age 56, held Register's Office twenve years, County Court Clerk eight, now Deputy County Court Clerk about 11 months...known JOHN M. and GILLIAM UPCHURCH 40 years...acknowledged deed of GILLIAM UPCHURCH to JOHN M. UPCHURCH 13 March 1894 at Gilliam's house on Flynn's Creek. Said Gilliam seemed to understand what he was signing. [Signed] J. H. CHAFFIN
W. W. GAILBREATH, lawful age, occupation Lawyer, states has known GILLIAM UPCHURCH since "I was a small boy about 40 years". Gailbreath stated he was in the Mercantile business at Flynn's Lick since 1889...ten years prior to 1899 when ?Sarie/Said* Upchurch died. [*Note: I thought this might be "Sarie", just not sure. 1880 U. S. Census of Jackson County, Tennessee, RHODA is an apparent widow, age 67. In her hh are THOMAS UPCHURCH age 34 and SARAH UPCHURCH 38; from Sistler's printed index, no relationship given]. Said GILLEM UPCHURCH was a regular customer, sometimes credit and sometimes cash...settled account with his pension check. "Gillem did not make large accounts...after his wife died I don't think it exceeded $10 a year. When his check would come he would settle his account and we would pay the balance to him in money. [Signed] W. M. GAILBREATH
M. D. HAILE, lawful age, stated he knew GILLUM UPCHURCH forty+ years....sold him some goods when he was in the Mercantile business at Flynn's Lick, from February 1894 until his death. Stated Gillum kept up with his accounts, memory good for man his age. "Pension checks payable to GILLEM UPCHURCH...I was Flynn's Lick Postmaster and W. M. Gailbreath Assistant".
CROSS EXAMINATION
Stated GILLEM UPCHURCH lived five or six years after his wife died...don't think he had much education...was 80 or 90 years old when he died. [Signed] M. D. HAILE
H. B. JONES for Defendant, states known JOHN M. UPCHURCH 12-13 years, knew GILLEM UPCHURCH; that he leased part of the land in controversy from JOHN M. UPCHURCH in 1894 and the latter part of 1895 and 1896. [Signed] BEE JONES
22 July 1901
T. W. GAILBREATH for Defendant, knew Gillum from boyhood, over 40 years; know J. M., H. R. and THOMAS UPCHURCH. Knew GILLUM UPCHURCH was not influenced against his will...good sense, little education. J. W. JONES sent Gailbreath a Power of Attorney to sell land..."not to anyone in particular...from Huston [Houston], Texas in April 1877...I wrote him he could make and acknowledge a deed in Texas and send to J. M. UPCHURCH. I was informed by JOHN M. UPCHURCH that James had sent deed". GAILBREATH stated he represented JOHN M. UPCHURCH vs H. R. and THOMAS UPCHURCH, asked if there was a compromise in the case. Stated THOMAS and H. R. UPCHURCH agreed to pay part of the ?Rent and to give up possession to JOHN M. UPCHURCH on or before Jan the 1st 1895. "I made a memorandum in a daybook and H. R. UPCHURCH and THOMAS signed in my presents [sic] and presents of _______ Frank Richardson and others. Land sold to BYRD ANDERSON October 1899, not worth more than $1500.00 - the price paid by ANDERSON. "Gillem was a witness in case...JOHN M. UPCHURCH vs H. R. UPCHURCH and THOMAS UPCHURCH.
GILLUM UPCHURCH told me the lands belonged to JOHN M. UPCHURCH...that he had got the 64 acres from J. W. JONES".
Q: What relation are you to JOHN M. UPCHURCH and H. R. UPCHURCH? How old was Gillum when he died? How long have you been licensed to practice law?
A: JOHN M. UPCHURCH is a cousin. If H.R. is related, I don't know it. Don't know Gillum's age...somewhere in 80s. License to practice law since 1884 or thereabout, am employed in this case.
Deed dated 1894 carried "covnant [sic] of warranty, & what I would call a straight deed". Land in controversy was West of Flynn's Creek, bounded on one side by lands formerly owned by THOMAS UPCHURCH and T. B. UPCHURCH and by the land of BYRD ANDERSON - never saw survey.
CROSS-EXAMINATION:
If the 1877 deed from JONES to JOHN M. UPCHURCH covered the 64 acre tract - JOHN M. UPCHURCH effectively purchased is own land.
Ques: Who drew the contract [compromise] between JOHN M. UPCHURCH, H. R. UPCHURCH and THOMAS UPCHURCH...who signed it?
Ans: I drew..."I signed for JOHN M. UPCHURCH. H. R. UPCHURCH and THOMAS UPCHURCH signed their own names. I am positive H. R. signed. Thomas was in the bed pretending to be sick and if he did not sign it was done at his insistence and request; I am positive that I would not have signed it without he [sic] consent and may have signed order to dismiss the suit for him if I did he requested me to do it."
Ques: When was JAMES JONES in this county?
Ans: 1860 and again 1862 or 3 and one time after that.
Ques: Was he a son of GILLUM UPCHURCH'S wife?
Ans: That is the way I understand it.
23 July 1901, testimony resumed with T. W. GAILBREATH:
Gailbreath stated he had made some changes in his deposition, that he had not consulted JOHN M. UPCHURCH or anyone else..."Told you yesterday I would not signed it until I looked at it". Stated had changed to state JAMES JONES was here only one time since the [Civil] War. [Signed] T. W. GAILBREATH
[Signed] T. B. UPCHURCH, Sol.
[Signed] J. T. ANDERSON, for Defendants
{JACKSON COUNTY, TENNESSEE Chancery Court
BILL OF COMPLAINT of H. R. UPCHURCH
vs
BYRD ANDERSON, JOHN M. UPCHURCH, CHARLES HOPKINS & ["Sally" marked through] SARAH HOPKINS, WILLIAM J. YOUNG & NANCY YOUNG, RIDLEY ANDERSON & RHODY E. ANDERSON, W. A. RAGLAND & PENELOPE RAGLAND & T. B. UPCHURCH of like Residence; and HARRIET RAGLAND, J. T. YOUNG and JOHN B. YOUNG of parts unknown, non residence [sic]of State of Tennessee [Note: Minutes of Free Will Baptist Church, Pontotoc Co., OK, indicate Harriet Ragland was a member; died there 10 Dec 1917, buried Oakman Cemetery - mlj].
Orator states that his father GILLUM UPCHURCH died intestate in Jackson County, Tennessee 16 May 1899 leaving 3 children to wit H. R. UPCHURCH, C. H. UPCHURCH and JOHN M. UPCHURCH his only heirs at law...personal property and land in District 11 bounded North by T. B. UPCHURCH, East by Flynn's Creek, South by BYRD ANDERSON, West by W. G. DOWELL & A. P. WHEELER, being 134 Acres more or less.
JOHN M. UPCHURCH in 1894 caused GILLUM UPCHURCH to make to him a deed conveying fee simple title for $100.00 and pretends to have paid some redemption money about $144. Real estate reasonably worth $2000. At the time GILLUM UPCHURCH executed deed, was old, mentle [sic] fail...JOHN M. UPCHURCH took advantage of the old man's imbecility to defeat the other two heirs. Orator states he is owner of two shares one by inheritance and one by purchase from C. H. UPCHURCH...deed marked Exhibit A. Stated his father was a pensioner since 1889...BYRD ANDERSON bought or pretended to buy for $1525...deed nulify [nullify] as JOHN M. UPCHURCH had no right to sell.
About [1845 or 1849; not clear] GILLUM UPCHURCH exchanged Lot 1 with THOMAS UPCHURCH for a portion of Lots 4 & 5 being part of the CALEB ANDERSON land [metes/bounds description follows] up to the East boundary of a fifty acre entry CALEB ANDERSON purchased of MARIEDETH JONES...
Bill of Complaint of H. ROSS UPCHURCH states that if GILLUM UPCHURCH owned only a life estate, these heirs of THOMAS UPCHURCH would be eligible for his remainder portion after Gillum's death:
CHARLES HOPKINS and wife SARAH
WILLIAM ?H. YOUNG and NANCY his wife
T. B. UPCHURCH
HARRIET RAGLAND
RHODY E. ANDERSON and her husband RIDLEY A. ANDERSON
JOHN B. YOUNG and J. T. YOUNG
...the last three RHODY E. ANDERSON, JOHN B. YOUNG and J.T. YOUNG being heirs of POLY [sic] YOUNG who was a daughter of THOMAS UPCHURCH deceased. "MARY YOUNG died before THOMAS UPCHURCH".
GILLUM UPCHURCH married a daughter of CALEB ANDERSON the first time...property came by her...JOHN M. UPCHURCH not her son.
[Signed] T. B. Upchurch, for Complainant
H. R. UPCHURCH 16 Nov 1899
Executed statement that due to poverty, would not be able to pay costs.
COPY OF DEED dated 6 Nov 1899, "Valuable consideration...C. H. UPCHURCH sold to H. R. UPCHURCH by Quit Claim Deed [Note: This type deed only deeds any interest which party may or may not have] "place where GILLUM UPCHURCH lived at his death" bounded South by BYRD ANDERSON, West by W. G. DOWEL & A. P. WHEELER, North by T. B. UPCHURCH, being 134 acres. [Signed] C. H. UPCHURCH
Attested: D. B. JOHNSON
DEMURRER to Complaint filed by H. R. UPCHURCH.
States said Bill is contradictory in that it charges GILLIAM UPCHURCH held fee simple title, then states that he came by property through Complainant's mother, which in effect would be life estate.
At the time of the execution of deed 6 November 1899, land was held adversely and had been since 1894 by JOHN M. UPCHURCH.
States that bill cannot be maintained against THOMAS UPCHURCH, Deceased [Note: this may refer to Thomas who was the brother of John M., not "old" Thomas. See foregoing depositions and below Answer to Bill of Complaint.
[Signed] T. M. GAILBREATH & W. W. DRAPER, Sols for Defts.
UPCHURCH, H. R. vs ANDERSON, BYRD, etal
[Note: This is typed document, including signatures]
Defendants disclaim all right, title and interest in land...ask to be dismissed.
PENELOPE RAGLAND
W. A. RAGLAND
NANCY YOUNG
WILLIAM YOUNG
SALLIE HOPKINS
CHARLES HOPKINS
RHODA ANDERSON
RIDLEY ANDERSON
ANSWER of JOHN M. UPCHURCH to Bill of Complaint by H. R. UPCHURCH
GILLIAM UPCHURCH died in Jackson County, Tennessee around 13 April 1899 not 16 May.
C. H., H. R. AND JOHN M. UPCHURCH are children of GILLUM UPCHURCH.
[Blank] day of 1845 GILLUM UPCHURCH purchased in 11th District 64 acres [metes & bounds description included] decreed to WM C. ANDERSON by CALEB ANDERSON; subsequently conveyed to HILLIARD J. ADKINS by said ANDERSON. HILLIARD J. ADKINS on [blank] day 1845 for [$ blank] sold GILLIUM UPCHURCH land in fee simple. 6 August 1860 GILLUM UPCHURCH sold and conveyed said land to JAMES JONES; deed registered [blank] day of 186[blank]. 6 July 1877 JONES sold same land to JOHN M. UPCHURCH, registered 31 July 1877. On 11 Oct 1899, JOHN M. UPCHURCH sold land to BYRD ANDERSON, recorded 19 Oct 1899.
18 July 1885, land was levied on by W. C. MORGAN, Sheriff of Jackson County to satisfy judgment against GILLUM UPCHURCH. Land was bid off by J. T. ANDERSON. 20 March 1893, long after GILLUM UPCHURCH'S right of redemption expired, JOHN M. UPCHURCH bought from J. T. ANDERSON for $143.00.
States true that GILLUM UPCHURCH first married SARAH ANDERSON, daughter of CALEB ANDERSON. She died 1839 or 1840.
Denies remainder of charges. Respondents say many years ago 21 May 1859 and 22 October 1858 complainant H. R. UPCHURCH and his brother C. H. UPCHURCH both sold to L. H. McCARVER their entire interest in the estate of their mother SARAH UPCHURCH. States true that GILLUM UPCHURCH sold to JOHN M. UPCHURCH the 70 acre tract for caring for him the rest of his life, but that consideration was inadvertently left out of deed.
States untrue that GILLUM UPCHURCH drew pension ever since 1889 as stated.
[Signed] T. M. GAILBREATH, W. W. DRAPER Sols for Respondents
SUPREME COURT, State of Tennessee, 10 December 1900, case remanded to Chancery Court of Jackson County, Tennessee. Their decree affirmed, and JOHN M. UPCHURCH and BYRD ANDERSON to pay expense of appeal. 23 April 1901, case dismissed against heirs of THOMAS UPCHURCH.
DEPOSITION OF JOHN M. UPCHURCH, states his father GILLEM UPCHURCH died 13 April 1899. Has deed dated 6 August 1866 from GILLUM UPCHURCH to J. W. JONES. Age at death some 88 years; GILLEM UPCHURCH stated was born in the year 1810. "Mother drew...pension from 1889 until her death in 1893...Father began drawing in 1894 until...death 1899.
Ques: Do you know your Brother THOMAS UPCHURCH was he borned before or after your father and mother married?
Ans: I know THOMAS UPCHURCH he is older than I and I can't say about that.
Ques: What is your information about it? [Objected as irrelevant by Draper, Sol.]
Ans: I have been informed that he was.
Ques: How many children do you have?
[Note: Answer looks like three; not sure]...one grown & another nearly...reputed father of two others [?each] by different woman.
Ques: How many out from home? [Objected as irrelevant by Draper, Sol. Question not answered]. [Signed] JOHN M. UPCHURCH
AGREEMENT TO TESTIMONY of THOMAS STAFFORD, witness for ROSS UPCHURCH [Note: This does not appear to be verbal testimony given in open court]. THOMAS STAFFORD states he was near GILLUM UPCHURCH'S house and ROSS UPCHURCH was there. "JOHN M. UPCHURCH came out of his house with a gun in hand in front of the door of GILLEM UPCHURCH and told his father Gillem to get out of the way or god dam it he would be killed and the gun went off and J. M. said it was a accident and told Ross he must leave". W. W. DRAPER, for Defendants
COPY OF DEED from GILLUM UPCHURCH to JAMES W. JONES for $91.34 dated 6 August 1860, registered 16 Aug 1860. [Signed] GILLIM UPCHURCH
Wit: B. P. McCLELAND, JOEL S. SETTLE
SUPREME COURT OF TENNESSEE, December term 1884:
GILLEM UPCHURCH vs W. C. ANDERSON, etal.
J. T. ANDERSON, Admr of W. C. ANDERSON decd, judgment against Gillem for $27.12 levied by W. C. MORGAN, Sheriff; sale 18 July 1885 to highest bidder; JAMES TO ANDERSON highest bidder at $33.47.
PINKNEY McCARVER vs GILLEM UPCHURCH
McCARVER recovered judgment 18 March 1886, cost of suit $16.00, executed judgment 3 July 1886, W. M. BROWN, Deputy Sheriff [same tract as above] sold to JAMES T. ANDERSON for $67.55.
[This next case transcribed verbatim - mlj]
UPCHURCH, MARTHA vs UPCHURCH, GILLEM etals} Answer of Defts to a Bill & Amend Bill
The Answer of GILLEM & wife MINNER UPCHURCH & SONNY MEADOWS & wife ETTA MEADOWS, To the Bill of Complaint of Martha UPCHURCH has filed against them in your honors Court on the 30th day of Mch 1895.
Respondants Answering So much or such part thereof so they are advised is Material Answering says.
They admit the death of JAMES WHEELER and that he died intestate & admit that the heirs at Law are correctly set out, but deny that that MARTHA UPCHURCH was ever the wife of JAMES E. WHEELER so as to hold homestead.
Respondants denies that they as Defts & Complainants inherited the lands described in the bill absolutely. They also deny that it is the homestead of ?Complainant but insist that the same was duly conveyed to Deft & GILLEM UPCHURCH & wife by deed from MARTHA UPCHURCH & her husband THOMAS UPCHURCH.
Respondants Admit that MARTHA UPCHURCH & THOS UPCHURCH conveyed to Deft GILLEM UPCHURCH a portion of the land first mentioned in Complainants bill, and the Boundries are correctly set out in the part conveyed.
Respondants deny that MARTHA UPCHURCH had no right to convey said land, but insist that she had a good perfect right to convey same when joined by her husband THOS UPCHURCH. Respondants here insist that the deed executed by MARTHA UPCHURCH & THOS UPCHURCH is in full force and effect especially during the life time of Martha.
Respondant here denies that said deed was procured from Martha through fraud but aver that the same was bonifide on the part of Respondant.
They deny that the consideration of said deed was fifty Dollars. They further deny that the same has not been paid for.
Respondant GILLEM UPCHURCH here most imphaticaly denyes that the Boundries were misrepresented by him but denounces the same as a false hood and has not the simbliance of truth only in the mind of the eager atty for Complts.
Respondant GILLEM UPCHURCH here states to the court that, on the 23d day of April 1896 [Deft marked through. mlj] MARTHA UPCHURCH & GILLEM UPCHUCH entered into a compremise concerning said land, and here cites said Compremise as Exhibit A to the Answer. Respondant ?disdains all land all land given back to her in said Compremise, and insists that MARTHA UPCHURCH as next friend is estoped by said compremise from prosecuting the suit further & that D. B. JONSON the now next friend of the minors with all his anxiety for a client, stands in the same ?plight that Martha Upchurch did before he procured himself as next friend of the minors in he stead. Having fully answered Respondant prays to be thence Dismissed.
GILLEM UPCHURCH
MINIE BELL UPCHURCH
ETTA J. MEADOWS
SUNNY MEADOWS
By M. J. DIXON Solr for Respondants
This case come on to be heard on the report of renting which is as follows and hereby unexcepted to is in all things confirmed.
MARTHA UPCHURCH v }
GILLEM UPCHURCH } Report of Renting
To Hon. T. J. FISHER, Chancellor, etc.
The C & M respectfully reports that in obedience to an order made in this case, after advertising the land as required by law, he offered the same for rent for the year 1895, to the highest bidder at public outcry on April 19, 1895, when M. E. PATE rented the same for $35.00, he being the highest bidder. I took note from him, due Nov 15, 1895, with J.H. BROWN, security, which note is good.
Respectfully submitted September term, 1895. s/s J. M. MORGAN C.&M.
MARTHA UPCHURCH etal v
GILLUM UPCHURCH etal
Be it remembered that this cause came on to be heared on demurrer now before the Hon T. J. HAILE Chancellor on the 19th day of Sept 1895 when the court having seen and heared demurrer was of the opinion that the questions of law arising their on were in favor of complainants and therefore over rules the same
Their up on the complainants moved for Judgement pro con feso on the defendants who were allowed until the call of the roll to morrow morning to file their answer
MARTHA UPCHURCH etal } Order
GILLUM UPCHURCH etal }
Entered MDN page 283.
MARTHA UPCHURCH next friend vs } Demurrer of Deft
GILLEM UPCHURCH etal }
The Respondants not confessing any of the allegations in Complainants Bill as true but denies the truth of same and ?comes/?causes and demures to same and for causes of Demur assignes the following.
1st Want of Equity on the fact of the Bill
2nd Complainant MARTHA UPCHURCH is a married woman and cannot maintain this suit with out being Joined by her husband.
3rd The Bill and its face showes that MARTHA UPCHURCH and her husband THOS UPCHURCH Sold and Conveyed to Deft GILLEM UPCHURCH the lands sought to be ?Reach, all of which they had a right to do. As the law gives the Widow a Right to Convey her life Interest in a homestead.
4th The Bill is not sworn to by D.B. JOHNSON the next friend who now maintains his law suit as next friend of the minor Complainants.
5th There is no fraud charged in the Bill as to the making & execution of the Deed. But the Bill shows on its face that it was done in good faith, without any rong on the part of GILLEM UPCHURCH. Fraud should be specificly charged, where a deed is sought to be set aside. For these and other causes of Demnur to assigned in Argument Respondants prays for Judgement of the Court and this Bill be dismissed.
s/s M.J. DIXON Solr for Respondant
MARTHA UPCHURCH etal v
GILEM UPCHURCH Jr etal
Come before me and D.B. JOHNSON where up on motion of Complainants in this case has been substituted as next friend to TRIVA DORIS WHEELER, HASSA LENA WHEELER and NANCY JUNA WHEELER in the ?same and ? of MARTHA UPCHURCH their present next friend in the afore cause by order of the Court; makes oath that said TRIVIA, DORIS & HASSA LENA and NANCY J are infants under the age of twenty one years in whose be half this action was begun and that they are not able and has not sufficennt property to bear ?are the expences of this action and that said Infants are entitled to the redress sought to the best of his belief.
DANIEL B. JOHNSON
Sworn to and subscribed before me
This Sept 18, 1895. W. H. HAILE [?Title]
I further make oath that the contents of the bill in the above cause are true to its best of my knowledge and belief D.B. JOHNSON
Sworn to and subscribed before
me Sept 19 1895
To the Clerk and Master of Jackson County Tennessee
I signed a paper a few days back to with draw the said bill in your Court of MARTHA UPCHURCH vs GILLEM UPCHURCH JR etal I signed said paper through fear and compulsion of the Defenant GILLEM UPCHURCH JR and others I want the lawsuit to go on and if said paper is presented to you I dont want said suit dismissed and ask you to pay no attention to said paper for I desire to prosecute said lawsuit and do not want it dismissed.
This May 6th 1895. s/s MARTHA UPCHURCH
State of Tennessee }
Jackson County }
Personaly appeared before me J. M.C. CARTER & GILLUM UPCHURCH JR. and makes oath in due form of Law that they are informed and believe that Martha Upchurch who sues as next friend of TREVA WHEELER, HASSIE WHEELER and NANCY J. WHEELER minors and in her own right against GILLEM UPCHURCH is a married woman & was at the time she filed the bill and her said husband does not join with her and under the disability of ?Coo eture having been married to THOS UPCHURCH and said marriage now remains in full force and effect, GILLEM UPCHURCH informed that the same can not be done, and prays the Court to dismiss the bill filed by the said MARTHA UPCHURCH and tax her with costs of same.
Sworn to and subscribed before me the s/s J.H. CARTER
Sept 18 1895 s/s GILLUM UPCHURCH
L.K. Smith, D.C.&M.
State of Tennessee} thee complainitis Ses shee never heard the bill read Jackson County } that was filed for Her in this case Bothe agree to complemise [compromise]
This Lawsuit whitch is the sute that MARTHA UPCHURCH has filed a bill thee Chancery Court at Gainesboro Tennessee as the next friend to TREAVA DORIS Wheeler HASSA LOUIS and NANCA J WHEELER minors against ETER MEDERS who intermarried SUNEY MEDERS and MINE BELL UPCHURCH who inter married GILLUM UPCHURCH & MARTHA UPCHURCH compremize the lawsuit and want this Bill dismist at the first term of the Cort to be held at Gainsboro Jackson County Tennessee thee said GILLUM UPCHURCH agreese to giv back a sirtain portion of said land beginning on a small Boulder thence down thee guley to thee main branch and thence up said Branch to alocus Coner maid By MARTHA UPCHURCH and GILLUM UPCHURCH and said GILLUM UPCHURCH agrees to give back a porsion of thee appel orchard so as to give Martha Upchurch one half of it and said GILLUM UPCHURCH to have thee other half of it. This April thee 23 day 1895.
GILLUM [his X mark] UPCHURCH
MARTHA [her X mark] UPCHURCH
Wits: ???
MARTHA UPCHURCH etals vs
GILLUM UPCHURCH JR etals
Deposition of B.A. BUTLER, D.B. JOHNSON and J.S. MONTGOMERY taken upon notice at office of C.M. [Clerk & Master] in Gainesboro on [blank day] 1898 & continued from time to time till Feby 16, 1898.
Witness B.A. BUTLER of lawfull age being dully sworn deposes as follows.
Quest State if you are an attorney at the Gainesboro bar and if so how long have you bin an atty
Ans I am an atty at the Gainesboro bar have had license ever since 1881 but have only been in actin practice since about 1st Oct 1891
Quest you will please exam the pleadings order & and say what would be a reasonable fee for HAILE & JOHNSON as Solrs in this case and deposition of D.B. JOHNSON given in this case.
Ans I have examined the deposition of D.B. JOHNSON and from that I am of opinion that for the services of HAILE & JOHNSON in said case, taking into consideration the fact of Mr. HAILE going to Livingston & paying ?hotel bills the first of these being a running fight for a period of a year or more, and the further fact the land are worth $500 that Eighty or Eighty five Dollars would be a reasonable fee in said case.
s/s B. A. BUTLER
MARTHA UPCHURCH et als vs
GILLUM UPCHURCH et als
on reference
DB JOHNSON of the firm of HAILE & JOHNSON of lawfull age being dully Sworn deposes as follows
Quest Are you a member of the firm of HAILE & JOHNSON attys at Gainesboro Tenn and did HAILE & JOHNSON file a bill for complainants in the above cause in the Chancery Court of Jackson County Tenn State what the firm did in said cause as well as you can and what your fees are reasonably worth
Ans I am a member of the firm of HAILE & JOHNSON attys at Gainesboro Tenn and we filed a bill for said complainant in the Chancery Court at Gainesboro Court We filed the bill, gave notice to have ______ appointed & got ______ appointed for which purpose HAILE and LIVINGSTON. Had property attached and ___ out & suits called. The case was compromised without our consent [can't read two or three words, look like were scratched through] with our client and to her disadvantage and we had a running fight on motions in Court for some time and finally we ?gained the case. The land rented for $35.00 by the ?receiver and I think it rented for $50.00 the next year. Consider the land worth $400.00 or $500.00 that is the land we gained. I think for our services for the fees due Haile & Johnson are reasonably worth $85.00 We had a good deal of trouble with the case.
Quest State how long the case was pending in court
Ans The bill was filed in Mch 1895 and determined in Mch 1896
s/s D.B. JOHNSON
witness J.S. MONTGOMERY of lawfull age and being dully sworn deposes as follows
Quest Are you a practicing atty at the Gainesboro bar
Ans Yes Sir
Quest will you please examine the despisition of DB JOHNSON and to the work HAILE & JOHNSON done in this case and state what would be a reasonable fee for said work for said attys
Ans I have examined the Deposition of DB JOHNSON touching the amount of service performed by HAILE & JOHNSON in this case and from the detailed statement of Mr. Johnson relative to same as set out in his deposition I think $85.00 a reasonable fee for said service. s/s J.S. MONTGOMERY
State of Tennessee
Jackson County
To JOHNSON & HAILE, D.B. JOHNSON, MARTHA UPCHURCH, TREVA DORIS WHEELER, HASSIE LOUIS WHEELER, NANCY J. WHEELER, GILLUM UPCHURCH & wife MINNIE UPCHURCH SONEY MEADOWS & wife ETTA J. MEADOWS
Take notice that I will attend at my office in Gainesboro, Tennessee, on
November 20, 1897
And from day to day thereafter until completed for the purpose of taking proof and stating the account heretofore ordered in case of MARTHA UPCHURCH & others against GILLEM UPCHURCH & others in the Chancery Court of said County relative to the fees of HAILE & JOHNSON when and where you may attend and introduce such proof as you choose. Subpoenas will be issued for such ?_____ as you desire. In case you fail to attend or introduce proof this account will be taken & stated exparte as to you. This Oct 20, 1897. s/s J.M. MORGAN C& M
MARTHA UPCHURCH vs GILLEM UPCHURCH} Notice
To HAILE & JOHNSON
You are hereby notified that this 6th day of ?July 1897 at my office in Gainesboro Tenn proceed to take and state an account ordered by decree of this court in the above named cause and to continue from day to day until finished. You will therefore be present. Subpoenas will be served for such witnesses as you may desire. On your failure to attend I will proceed exparte. s/s J.M. MORGAN C&M By J.K.SMITH DC&M
MARTHA UPCHURCH etals vs GILLEM UPCHURCH etals
To Hon. T. J. FISHER Chancellor presiding at Gainesboro, Tenn.
The Clerk & Master respectfully reports that in obedience to an order of referenced heretofore made on this case and revived at the last term of this Court to ascertain and fix the fees of HAILE & JOHNSON Solrs for Complainants in this case, he issued notice to all the parties to the case of the time and place of taking proof and proceeded to take the deposition of D.B. JOHNSON, B.A. BUTLER and J.S. MONTGOMERY touching the matters referred from which he reports that Eighty five Dollars ($85.00) would be reasonable fees for HAILE & JOHNSON for their services for complainants in this case. Respectfully submitted at March term 1898.
J.M. MORGAN C&M by J.K. SMITH DC&M
MARTHA UPCHURCH etals vs GILEM UPCHURCH Jr etals} Decree confirming report
This cause came on this day to be heared befor the Hon T J Fisher presiding ____ heard & upon the report reference of the Clerk and Master on reference ordered
heare copy report of [sic] at a former term of this court
(heare enter report)
and it appearing to the court that all the parties had legal notice of said reference and that Haile & Johnson are attys of record for complainants and have rendered valuable services for complainants in said cause.
And their being no exceptions to the Masters report it is ordered and Judged and decreed that the masters report be in all things confirmed and the said amount of $85.00 and the cost in ?court by the referance be declared a lien on the lands described and recovered by complainants bill in this case.
State of Tennessee
To the Sheriff Jackson County Greeting;
Summon J.M.C. CARTER & FRANK JONES to appear before the Judge of the Chancery Court for said County at the Courthouse in Gainsboro on This day Sept 19, 1895, at 8 oclock to give evidence on the compromise in the case of MARTHA UPCHURCH next friend & against GILLEM UPCHURCH JR. etal. Now pending in our said Chancery Court. Herein fail not.
This Sept 18, 1895 J.M. MORGAN C&M
MARTHA UPCHURCH next friend et vs GILLEM UPCHURCH etals} Plea
Defts for Pleas to Complainants bill says that Deft MARTHA UPCHURCH was at the time of the filing of her bill and is now a married woman and under the Disabilities of Cro eture, and can not maintain this suit as next friend or in her own right she having been and now is the wife of THOS UPCHURCH, and he not Joining her in the Bill
GILLUM [X] UPCHURCH
Personaly appeared before me the undersigned and makes oath that the above plea is ture in Substance and in fact. Sworn to and subscribed to before me this Sept 18, 1895.
L.K. SMITH DC&M
UPCHURCH, T. B. vs ANDERSON, J. T. etals CHANCERY 1898
MORTGAGE DEED: I hereby agree to bind myself to convey to T. B. UPCHURCH...land he lives upon...same land I bought from him 10 Oct 1891...Tract 3 Caleb Anderson dec land, 11th Dist, described Chancery Minute Book p 470...price $472.00 if paid on or before 12 Oct 1892; $533 if paid on/before 12 Oct 1893...all subject to his mother's life estate therein. [Signed] R. V. BROOKS
12 October 1891
Test: J. T. ANDERSON Test: S. B. ANDERSON
ANSWER of J. T. Anderson, R. V. BROOKS, J. S. MONTGOMERY to Bill of Complaint by T. B. ANDERSON. Respondent J. T. ANDERSON says true he has a deed from L. A. McCARVER & wife M. J. McCARVER for land known as SARAH UPCHURCH share of CALEB ANDERSON...in which the interest of PINCKNEY McCARVER was decreed to be and was sold by the Clerk of Supreme Court for Middle Tennessee. L. A. & PINKNEY McCARVER interest was subject to life estate of GILLAM UPCHURCH. RHODA UPCHURCH died July 22, 1895. Deny Rhoda conveyed land outside of Lot 3 to Complainant. True T. B. UPCHURCH is an heir of THOMAS UPCHURCH, entitled to 1/6 of said lands outside Lot 3. True Complainant purchased share of POLLY YOUNG from her children. True case of CHARLES HOPKINS vs T. B. UPCHURCH etal was determined in Chancery Court, Jackson County, Tennessee.
Deny THOMAS UPCHURCH took possession of Lot 1 known as the lot laid off to SARAH UPCHURCH during the joint lives of GILLAM UPCHURCH and his wife SARAH. Respondents cannot say what amount Complainant owed S. G. GAINES or GILLAM UPCHURCH or DUDLEY GAILBREATH & Co. or JOHN J. BROWN on 7 Oct 1891.
True J. S. MONTGOMERY as Trustee held agreement and note. Respondents know nothing of bankruptcy proceedings of L. A. McCARVER. Respondents know nothing about G. H. MORGAN being appointed assignee in bankruptcy of L. A. McCARVER.
It is true that J. S. MONTGOMERY is a near kinsman of J. T. ANDERSON. True that Complainant sold A. P. WHEELER 28 acres of said land.
[Signed] J. T. ANDERSON & G. B. MURRAY, Solicitors for Respondents
[SIGNED] R. V. BROOKS, J. T. ANDERSON
H. R. UPCHURCH, Witness for Complainant, knows parties and land. Was witness in Circuit Court of Jackson County in the case of GILLUM UPCHURCH vs T. B. UPCHURCH. Rented 5 or 6 acres in 1896 from T. B. UPCHURCH on 1/3; raised no corn, raised 2-3 bushels of peas. Storm destroyed, and "Season didn't suit". "A portion [of the land] belonged to my mother and after her death my father GILLUM UPCHURCH traded it to TOM UPCHURCH, SR., T. B. UPCHURCH's father". GILLUM UPCHURCH still living...going on 89 years old. Lived on land and cultivated it with TOM UPCHURCH. H. R. UPCHURCH states he did not sell his interest in Lot 1, his mother's land.
Ques: Did you make L. A. McCARVER a deed to same?
Ans: Don't recollect that I ever did.
Ques: Has or not JIM ANDERSON always claimed said lot was his...?
Ans: I don't know whether...or not.
July 15, 1898 [Signed] H. R. UPCHURCH
PLEASENT CHILCUT, lawful age, states acquainted with J. T. ANDERSON, R. V. BROOKS and J. S. MONTGOMERY. Took deposition of JOHN J. BROWN 11 April 1896 at his house. Was rational at the time, acquainted 20 or more years, good character, would give full credit. "I understand that he is dead". [Signed] P. CHILCUTT
E. L. JACKSON, know parties, given my deposition before, ran the line dividing WHEELER land from UPCHURCH lands, made plat. [Signed] E. L. JACKSON
W. A. RAGLAND, lawful age, know parties to suit, knew A. CORNWELL in his lifetime. "He is dead as far as I know. He was a Justice of the Peace in 1888". RAGLAND examined judgment issued by CORNWELL, stated it was true and correct copy. [Signed] W. A. RAGLAND
NOTICE OF DEPOSITIONS to be taken of M. G. BUTLER, P. CHILCUT, E. L. JACKSON, H. R. UPCHURCH and W. A. RAGLAND, witnesses for Complainant at law office of DIXON & STAFFORD July 15, 1898, in presence of T. B. UPCHURCH and JAS T. ANDERSON.
M. G. BUTLER, states acquainted with JOHN J. BROWN in his lifetime, "don't know if he's dead". States he lived some 5-6 miles from T. B. UPCHURCH, doesn't know his financial condition. "Heard MR. UPCHURCH bought his sisters interest in his fathers or mothers landed estate", don't know when or for how much. Knew JOHN J. BROWN from boyhood, good character.
CROSS-EXAMINED by Defendants
Ques: Was any injustice done MR. UPCHURCH in land trade? Did J. T. ANDERSON come to you or you to him about BROWN debt?...
Ans: If any injustice done, don't know about it. MR. BROWN'S debt, interest and cost put on MR. UPCHURCH'S land. I went to MR. ANDERSON.
[Signed] M. G. BUTLER
T. B. UPCHURCH states CHARLES HOPKINS paid expenses in exchange for ?deed in case of myself against HARRIET RAGLAND 6 May 1889. [Note: Original page had been torn and taped; can't read much, don't believe relationship given - mlj].
[Signed] T. B. UPCHURCH
NOTICE OF SALE, case of T. B. UPCHURCH vs HARRIET RAGLAND, mortgage made by T. B. UPCHURCH dated 7 May 1882, Trust Deed Book 3, p 297, land sold to highest bidder J. W. CARTER for $14.75 on 20 Feb 1897.
[Signed] W. H. BROWN, Clerk
20 February 1897, sale by CHARLES HOPKINS, Trustee...paid said purchase price to said CHARLES HOPKINS. W. W. DRAPER is creditor of T. B. UPCHURCH, judgment rendered 14 Sep 1895 in favor of E. L. GARDENHIRE for $100.00. DRAPER redeemed land. [Signed] J. W. CARTER
T. B. UPCHURCH vs J. T. ANDERSON
& J. T. ANDERSON and R. V. BROOKS vs T. B. UPCHURCH
DEPOSITION of CHARLES HOPKINS, lives District 11, Flynn's Lick, occupation Lawyer. Held a trust deed from T. B. UPCHURCH covering court costs which HOPKINS paid. T. B. UPCHURCH didn't repay court costs, HOPKINS sold trust deed which J. W. CARTER bought for $11.82. Advertised sale at $22.00, amount reduced at sale. "Don't remember giving notice before selling land for $11.82". Stated many people were involved in litigation with T. B. UPCHURCH.
July 29, 1899 [Signed] C. HOPKINS
[Signed] G. B. MURRAY, Solr for BROOKS and ANDERSON
CHARLES HOPKINS vs T. B. UPCHURCH, 17 Sept 1895
REQUEST FOR DELAY: UPCHURCH admits to death of RHODA UPCHURCH a party to this cause. Solicitor E. L. GARDENHIRE has been quite sick for two months; compelled to go to Smithville to get a solicitor. [Signed] T. B. UPCHURCH
T. B. UPCHURCH, 1 Sep 1899, deposed, states his father died some time in the year 1877, leaving his mother a widow. RHODY UPCHURCH now ill and feeble and gave affiant write [right] to use and clear land. [Signed] T. B. UPCHURCH
T. B. UPCHURCH vs J. T. ANDERSON etal, Tennessee Supreme Court 16 March 1899, decree on Page 482 of this book set aside. Decree of Chancery Court of Jackson County, Tennessee affirmed. Defendants and G. B. MURRAY, Security on appeal bond, to pay costs of appeal. HAMILTON PARKS, Complainant's solicitor of record, to be allowed lien on land as reasonable fee. Three tracts of land recovered by Complainant T. B. UPCHURCH. Supreme Court differed from Chancery only on amount owed, agreed with Jackson County Chancery Court taking the land for that amount of debt is usury.
T. B. UPCHURCH vs J. T. ANDERSON
L. S. ANDERSON for Complainant, knows parties to suit, said BRADFER UPCHURCH "come to me to borrow money...said he had been treated wrong".
22 August 1898 [Signed] L. S. ANDERSON
GILLIAM UPCHURCH for Defendants, deposition taken at residence of JNO M. UPCHURCH on Flynn's Creek in the presence of J. T. ANDERSON and T. B. UPCHURCH, September 4, 1897. Stated his first wife was SARAH ANDERSON; that her father died in 1838, that she had drawn Lot 5 following his death [Lot 3 was marked through, replaced with Lot 5], which was North of and adjoining Rhoda Upchurch draw and was 50 acres. Stated his wife had been dead for years, was living when land divided. "Can't state when she died, but lived over in the hollow where we first moved after the land was divided...lived there several years after...wife died". Could not remember when sons H. R. UPCHURCH and CARTER UPCHURCH were born; born after land was divided, born on the land. H. R. UPCHURCH about age two and CARTER UPCHURCH about age four when she died. Had another child, the youngest, who lived 15 days, was born after H. R. The children's mother died when the child was born.
Ques: Did you deed the land to your Brother Thomas, who was father of T. B. UPCHURH?
Ans: Don't know.
[Note: When questioned further, stated T. B. UPCHURCH "took possession after we traded". GILLAM UPCHURCH stated he never moved his second wife [Eliza] there. Did not recall how long wife Sarah had been dead when he made the trade with "brother THOMAS UPCHURCH".
Ques: Were CARTER and H. R., or ROSS, UPCHURCH born before the death of their grandfather [CALEB] ANDERSON?
Ans: Must have been before. Did not recall when he and SARAH ANDERSON married. "First married, lived up in Hollow where JIM MURRAY lives now...lived there several years, about one-half mile and a little to the side from the land in controversy.
Taken by W. H. HAILE 6 Sept 1897 GILLUM [X] UPCHURCH
A. P. WHEELER for Complainant, 2 Aug 1899, states knows parties, sold T. B. UPCHURCH a sorrel horse for $100, included in mortgage to J. S. MONTGOMERY...lawyer GARDENHIRE got him - Judge GARDENHIRE they called him...[Court] officer FRANK RICHMOND sold him, brought $39 or $49.
Taken by B. A. BUTLER, C & M [Signed] A. P. WHEELER
J. W. CARTER for Complainant 29 July 1899 ___ [marked over, can't read] years of age, know parties, not land. Present when land was sold, J. W. CARTER purchased at CHARLEY HOPKINS' request..."can't remember if I paid cash if I did it was CHARLEY HOPKINS' money. W. W. DRAPER redeemed the land for some body and I made a deed...can't recall who...after DRAPER got me a check, I turned the check over to CHARLY HOPKINS.
CROSS EXAMINED, asked to examine deed to [R. V.] BROOKS and [J. T.] ANDERSON.
"Yes, it is my signature...amount $14.90. [Signed] J. W. CARTER
UPCHURCH, T. B. vs ANDERSON, J. T. etals Chancery 1898
INDEX TO BATCH 1
Dep. W. B. NORTON, SR. Page 1
" T. C. GAILBREATH " 11
" JOHNATHAN ROGERS " 35
" A. W. WHITFIELD " 38
" W. ?M GAILBREATH " 59
" MATHEW JONES " 84
" W. D. HAILE " 93
" JNO P. GAILBREATH " 103
" TAX RECEIPT 1895 " 105
" G. C. DARWIN, JR " 106
" G. C. DARWIN, SR " 110
" W. S. JACKSON " 112
" HENRY SHOEMAKE " 115
" J. S. SPURLOCK " 123
" W. G. DOWELL " 136
" RIDLEY ANDERSON " 142
" A. L. JOHNSON " 146
" JNO A. DURHAM " 151
" T. C. GAILBREATH " 156
W. B. NORTON, age 62, live Dist. 11, Jackson Co, TN, occupation Farmer, know parties and land, fox hunted on land, would rent $3.00 per acre per year, low estimate. 50 acres of corn land, about 30 acres grass. Runs from Flynn's Creek to WALT JONES land. "There's a house way up toward the head of hollow sorter this side of MEADOWS, a cousin of mine lived on it...fence ran around that house towards DUKE MEADOWS...came back down the hollow to old ?POUNCY UPCHURCH to ?BAUGHS corner at Flynn's Creek, back up hill to DUKE MEADOWS corner. W. B. [X] NORTON, SR.
T. C. GAILBREATH, lawful age, questions by Defts BROOKS & ANDERSON. Know parties, Clerk of Jackson Co. Court August 1894-August 1898. Was appointed Receiver in November 1896 to collect rents for year 1896 and to rent land year 1897. Several different parties rented land in 1896; W. A. JONES, TOM UPCHURCH, some three or four others; claimed rented from T. B. UPCHURCH on thirds [of crop]. Was diligent, got 1/3 of crop except none made by TOM UPCHURCH or his son who claimed he had not cultivated 'or made nothing'; he being wholly insolvent could not collect. Collected as rent 60 bbls of corn and 4 or 5 bu of peas. "...Could not sell corn to anyone, took it myself and paid $1.00 per bbl...after paying the Foxes and paying my fee, balance of $39.25 went to J. T. ANDERSON". In 1897, T. B. UPCHURCH aided me in renting to WILLIS WHITFIELD, and the note to be made to the party winning the suit. "WHITFIELD told me M. D. HAILE witnessed agreement to rent from T. B. UPCHURCH." T. C. GAILBREATH stated he owned no farm himself. Do not recollect how much corn received from HENRY SHOEMAKE...know some corn destroyed by stock breaking in...they said belonged to MATT JONES...saw some shotes [shoats] in the field and was told they belonged to THOMAS UPCHURCH...some land not cultivated on the hill above JOHN UPCHURCH...as I remember ROSS UPCHURCH, think GILLEM JR. and TOM UPCHURCH cultivated part of 20 acres.
[Signed] T. C. GAILBREATH
JOHNATHAN ROGGERS, lawful age, for Complainant. Know parties, not land. Live about 2 1/2 miles. Been 20-25 years since was up there, cannot tell what it is worth. I have rented some at $3.50 to FRANK COOPER for corn land, BILL ?RASENER for tobacco land. [Signed] JONATHAN ROGERS
A. W. WHITFIELD, age 46, carpenter's trade since age 24 or 25, for Defendants. Live on land in controversy, have since November 1896. Put up fencing, barn. PUTTY WHEELER and B JONES put up 133 yards of rock fence, me and the children put up rock fence. Made trade with T. B. UPCHURCH for hole [whole] farm except for field SHAW SPURLOCK tended 1896. [Signed] A. W. WHITFIELD
W. M. GAILBREATH age 48, occupation at present is merchant, dated 22 April 1899. Was Clerk of the Court of Jackson County for 8 years, own farming land between Cumberland River and Flynn's Creek about one mile from land in controversy, know land, was on it last Thursday at J. T. ANDERSON's request. Testified as to value and rent based on rentals of T. J. DRAPER farm, was asked if DOLPH RICHMOND bid $200.00 for land, stated he did not know. [Signed] W. M. GAILBREATH
MATTHEW JONES age 65, reside Jackson Co., occupation farmer. Farm adjoins land in controversy, lived there 16 years as owner and 4 years before that as renter.
MAT [X] JONES
M. D. HAILE age 56, principal occupation farmer, now merchant. Looked over land at J. T. ANDERSON'S request. [Signed] M. D. HAILE
JOHN P. GAILBREATH, age 42, hold office in Jackson Co. as Trustee for 3 years, know lands, gave testimony as to who paid taxes which year. [Signed] J. P. GAILBREATH
G. C. DARWIN, age 38 for Complainant, knows land, live about four miles from there. Testified as to rental value. [Signed] G. C. DARWIN JR.
G. C. DARWIN SR. age 56, stated Flynn's Creek was between his farm and land in controversy, moved there 23-24 years ago. [Signed] G. C. DARWIN
W. S. JACKSON age 30, County Surveyor, surveyed field back of house at request of J. T. ANDERSON. [Signed] W. S. JACKSON
HENRY SHOEMAKE of lawful age, know parties and land. Mr. GRUNDY DOWELL and HICKMAN DOWELL helped gather corn. Me and URIAH BROWN and BILL MATHEWS went to see GAILBREATH about gathering the corn. Other tenants BILLY MATHEWS, BILLY JONES, URIAH BROWN, little GILLEM UPCHURCH and ED MATHEWS said they paid rent on thirds. "I heard it said that GILLUM nor THOMAS UPCHURCH neither one paid anything. [Signed] HENRY SHOEMAKE
J. S. SPURLOCK age 29, know parties, lived on part of land, carried chain when E. L. JACKSON surveyed part. WILLIS WHITFIELD a good worker "but don't plow much depth". "T. C. GAILBREATH would not rent to me until Jan 1st 1899 only on condition I was to risk BRADFORD UPCHURCH making bond if I went in before Jan 1st...tried to rent from UPCHURCH but he wanted $40.00, with some in advance, and GAILBREATH rented for $25.00" [Signed] J. S. SPURLOCK
W. G. DOWELL age 65 for Compt, know land and parties, live about 1 1/4 mile from land for 30 years. Know HENRY SHOEMAKE, helped him gather corn in 1896. Orchards are rented separately. E?AGR BYRNES rented his and BELL____ the same. BYRD ANDERSON reserves the fruit when he rents. [Signed] W. G. DOWELL
RIDLEY ANDERSON age 41, occupation miller, known land as long as I've known any. Sold WILLIS WHITFIELD lumber for a barn, $59.69, J. T. ANDERSON paid for it. Well acquainted with MATT JONES, of good character.
Ques: Is it not a fact Matt Jones was accused of brakeing [sic] into [looks like] GODHELPH'S store and stealing goods?
Ans: Seems to me... I have heard something about that. [Signed] RIDLEY ANDERSON
A. L. JOHNSON, lawful age, occupation farmer and carpenter, know parties. Testified as to value of barn. [Signed] A. L. JOHNSON
JOHN A. DURHAM age 70, occupation farmer and stockraiser, acquainted with parties, don't know much about land. [Signed] JOHN A. DURHAM
T. C. GAILBREATH, lawful age, states gave deposition previously in case. Testified again re costs, gave no relationships. 30 May 1899 [Signed] T. C. GAILBREATH
Batch #2 of testimonies/depositions - INDEX:
THOMAS B. UPCHURCH page 162;
W. S. JACKSON page 165;
C. C. SPURLOCK page 170;
J. H. CHAFFIN page 173;
ELRIGE [ELIGAH] ALLEN page 175;
RICHARD S. DENNIS page 183
T. B. UPCHURCH states about the last of 1895, enthrauled [sic] in debt and was and is a single man striped [stripped] pretty well of personal property. J. M. LEE wanted to rent land, but he was afraid he would lose crop in controversy. [Signed] T. B. UPCHURCH
W. S. JACKSON for Complainant states previously gave deposition; known E. L. JACKSON about 25 years, regard as good surveyor, honest. [Signed] W. S. JACKSON
C. C. SPURLOCK, lawful age, occupation farming, known land for about ten years. "Me and ELIGAH ALLEN sowed wheat together [on hill field]. [Signed] C. C. SPURLOCK
J. H. CHAFFIN states known T. B. UPCHURCH some 40 years, went to school with him. CHAFFIN stated he had filled "Regrs office" in County Clerk's office. Lived some six miles from T. B. UPCHURCH. [Signed] J. H. CHAFFIN
ELIGAH ALLEN, close to age 70, testified Monday 26 June 1899. Know land all life, lived there one year and rented but lived elsewhere, helped cut wheat there 40 years ago. Been renting land 60 years.
Ques: How long has T.B. UPCHURCH been living with you?
Ans: Don't know he has; been staying some nights when passing around.
Ques: Did he promise to let you have a house if he won?
Ans: No, sir...heard it but not from him. Said he would rent land to me if he got control.
ELIGAH [X] ALLEN
RICHARD S. DENNIS, age 30, lived between 1 1/2 - 2 miles of land in controversy all my life. T. B. UPCHURCH has been staying with me a right smart bit...said nothing of board, only he would do me right. Stated GEORGE DARWIN rents his land for two-thirds of crop if he furnishes his team, one-half if he does not. GEORGE BROWN rents his land to his son-in-law for one-half, or to TOM STAFFORD. Stated Little JIM CARTER'S farm is close to one in controversy; rents to his brother-in-law on two-fifths, or on 3 bbls an acre "so I heard". DENNIS stated was on land "this spring with T. B. UPCHURCH and TISHIE HUFF was with me... I don't own any lands I have had more lands under my control of my father in law that I trafficked a little in than I needed myself". Stated TOM STAFFORD is a nephew of J. T. ANDERSON".
[Signed] R. S. DENNIS
T. B. UPCHURCH vs J. T. ANDERSON INDEX TO BATCH 3
M. D. HAILE p. 185
U. E. JONES " 193
MAT JONES " 199
FRANK RICHMOND " 201
W. W. GAILBREATH " 213
B. J. FRANKLIN " 217
U. F. COOPER "221
J. W. STAFFORD " 224
M. D. HAILE, age 56, live Flynn's Lick, occ Merchant, known T. B. UPCHURCH since I was a boy 40 or more years, lived most of time within one mile; states his character in some respects not as good as some.
Ques: Are you not a brother in law of WILLIAM UPCHURCH?
Ans: Yes.
Ques: Was he not prosecuted for stealing whiskey several years ago and T. B. UPCHURCH a lawyer in the case against him?
Ans: Yes.
HAILE stated he and W. M. GAILBREATH are partners in mercantile business, do not owe money to J. T. ANDERSON...been out of his debt more than five years.
Ques: Is there bad feeling between the RICHMOND and UPCHURCH families?
Ans: RICHMOND would have to answer that...no RICHMOND family about here now except FRANK...don't see his sisters except my wife oftener than once in two years.
J. T. ANDERSON asked HAILE to give rent value; not summonsed, didn't volunteer.
[Signed] M. D. HAILE
W. E. JONES age 66, live near Flynn's Lick, District 11, Jackson Co., TN. Occupation farmer; have been Constable in 11th District a good while, 15 years or more; known T. B. UPCHURCH about 35 years...live about a mile of him. Stated T. B. UPCHURCH general character not good.
Ques: Are you not an enemy of T. B. UPCHURCH...several years?
Ans: Well, I am not no friend of him.
Ques: Was you not prosecuted for stealing a couple bbls of whiskey and he was lawyer against you?
Ans: Yes, prosecuted, tried and acquitted. Never accused of stealing anything except that whiskey.
Further stated that T. B. UPCHURCH swore a lie against Ples Graves for $1.00 and was convicted to the penitentiary for three years for it; that T. B. UPCHURCH killed poor old DUKE MEADOWS' cow "there in his pasture". [Signed] W. E. JONES
MATT JONES, age 65, live Flynn's Lick, known T. B. UPCHURCH 25-30 years, live about a mile from him, bad character, not entitled to credit on oath.
CROSS- EXAMINE
Ques: Were you accused of stealing goods from [looks like] godhelphs store in Flynn's Lick?
Ans: Yes, accused...man that got it up was a general horse thief.
[Signed] MATHEW JONES
FRANK RICHMOND age 44, live Dist. 11, occ. farmer, live one mile of land in controversy, lived there all my life except two years. T. B. UPCHURCH'S character not as good as some men. RICHMOND stated he had been Deputy Sheriff of Jackson Co.
Ques: Did you levy on personal property of T. B. UPCHURCH for debts?
Ans: Sold his mother's [personal property; bed/stead/household furniture]. Stated MR. UPCHURCH bid it, and said he would get the money from RIDLEY ANDERSON. RIDLEY ANDERSON said he didn't have it, and they could resell the property. L. K. SMITH gave me the execution and told me to levy on the property. RICHMOND also testified to rents, said rented his own farm to N. A. ROBERTS for three years for $170.00. Was summonsed to testify in this case.
Ques: Was not your brother W. H. RICHMOND prosecuted for stealing whiskey and did you fall out with T. B. UPCHURCH for prosecuting?
Ans: He was prosecuted...never understood if T. B. UPCHURCH was feeed [sic; probably whether received fee]...meddling. Yes, he [W. H. RICHMOND] was my brother and I am proud of him... [Signed] Frank Richmond
W. M. GAILBREATH age 48, live Flynn's Lick, occupation Merchant for about ten years, about half a mile from land in controversy. Was Circuit Court Clerk 1878-1886. Stated T. B. UPCHURCH'S character "somewhat mixed". Further stated that he [GAILBREATH] owed J. T. ANDERSON $1,500.00 at one time, not sure how much at present. [Signed] W. M. GAILBREATH
B. J. FRANKLIN, age 47, live Flynn's Creek, occ farmer. Know land where T. B. UPCHURCH lived until recently; live hardly two miles from there, known T. B. UPCHURCH 20-odd years, character not as good as some, not as bad as others. Not related to J. T. ANDERSON. My wife and J. T. ANDERSON'S wife are cousins. "I think I told ED BROWN...would give $1800 cash for T. B. UPCHURCH place, not $2500. [Signed] B. J. FRANKLIN
W. T. COOPER age 60, live Flynn's Lick, occ farmer. Lived there since 1870 within one-half to one mile, had Mercantile business at the Lick. T. B. UPCHURCH'S character not as good as some...couldn't give Bradford full faith and credit on his oath.
Ques: Who was your wife?
Ans: She was a daughter of HENRY RICHMOND or said to be.
Ques: Was FRANK COOPER your brother?
Ans: He was said to be I recon [sic] he was I always claimed him as such.
Stated T. B. UPCHURCH and FRANK COOPER had differences. W. T. COOPER and T. B. UPCHURCH had difficulty about fence. [Signed] W. T. COOPER
J. W. STAFFORD, lawful age, known T. B. UPCHURCH 30 years or so, good character. STAFFORD stated he was in mercantile business in Gainesboro late 1884-1886.
Ques: Was T. B. UPCHURCH charged with perjury in 1884?
Ans: Think so.
Ques: Was it not a part of his general character that he slandered his own sister by circulating a report that she had taken up with a man in Texas and was living with him in adultery?
Ans: I haven't heard it. [Signed] J. W. STAFFORD
Above certified by J. C. REEVES, DC & M, 1 July 1899.
UPCHURCH, T. B. vs ANDERSON, J. T. etals BATCH 4 INDEX
N. B. YOUNG P. 229
G. R. LOFTIS " 235
JNO. CALE " 243
JERRY T. BROWN " 245
F. P. FOX " 256
ROBERT PRUETT " 257
J. C. DAVIDSON " 262
M. L. GORE " 264
J. G. HOWELL " 267
S. S. SPURLOCK " 271
N. B. YOUNG, 14 July 1899, states known T. B. UPCHURCH 20 years, good character.
[Signed] N. B. YOUNG
G. R. LOFTIS, known T. B. UPCHURCH 15-20 years, live 9-10 miles from land in controversy. Lived by him for 6-7 years.
Ques: Was MAT JONES, BILL JONES and his two boys, and WILLIAM RICHMOND all prosecuted for stealing whiskey.
Ans: Yes, they were prosecuted... [Signed] G. R. LOFTIS
JOHN CALE, lawful age, known T. B. UPCHURCH 30-40 years.
[Signed] JOHN CALE
JERRY T. BROWN, age 46, 5 July 1899. T. B. UPCHURCH doged [?chased with a dog?] his uncle GILLEM UPCHURCH'S cow and was sued by GILLEM before the J.P. Gillem got judgment for $1.00 and he appealed from Circuit Court, judgment again rendered, levy placed on land, paid by J. T. ANDERSON, and T.B. UPCHURCH claimed gross fraud on himself. GILLUM UPCHURCH sued for $1.00, but don't recall T. B. UPCHURCH dogging his stock. [Signed] J. T. BROWN
T. B. UPCHURCH was never sentenced on perjury charge; jury convicted but later acquitted.
Ques: Is T. B. UPCHURCH contrary and litigious?
Ans: ...is with some, fair with me.
Ques: Is it true T. B. UPCHURCH bought a mare from your father, gave his note and when sued on he carried it to the circuit court; finally paid off by J. T. ANDERSON.
Father's attorney in that case was W. G. BUTLER. [Signed] J. T. BROWN
H. P. FOX stated known T. B. UPCHURCH a long time...went to school at Antioch near my home. Don't know character, live about 3 1/4 miles from land. [Signed] H. P. FOX
ROBERT PRUEITT, age 24, know parties, live about 2 miles of land.
[Signed] ROBERT PRUEITT
J. C. DAVIDSON for Complainant. Known T. B. UPCHURCH 30-35 years, good character. Lived County of Putnam, TN five years 6 October next is when I moved to Putnam. Never lived in Civil District where Upchurch land lies.
[Signed] J. C. DAVIDSON
M. L. GORE, 7 July 1899. Know parties, not land, about 30 years.
[Signed] M. L. GORE
J. G. HOWELL, age 54, know parties, land not well.
Ques: Tell about PLEAS GRAVES matter.
Ans: "Me and Alex BIRDWELLl on Cumberland River, at mouth of Bullard Creek rafting logs". T. B. UPCHURCH yelled to PLEASANT GRAVES to get a rope or the raft would get away...said BIRDWELL was still living at date of this testimony. ELIC [Alex] BIRDWELL mentioned. No relationships given. [Signed] J. G. HOWELL
S. S. SPURLOCK, lawful age, farmer, live 5th Dist. for many years, 5 or 6 miles from land in controversy...known T. B. UPCHURCH 20 years, fair man in dealings. "Me and my Bro tried to rent the lands from MR. ANDERSON about this time last year".
Ques: Which brother was with you when you tried to rent from J. T. ANDERSON?
Ans: SHAW SPURLOCK, or J. S. SPURLOCK. S. S. [X] SPURLOCK
UPCHURCH, T. B. vs ANDERSON, J. T., etal BATCH 5 INDEX
H. J. LYNCH [on rents] page 279
E. L. JACKSON page 294
JAMES NORTON page 301
ROBERT PREUITT page 306
A. L. JOHNSON page 311
W. J. YOUNG page 315
CHAS HOPKINS page 321
A. P. WHEELER page 330
DEPOSITIONS following taken May 19, 1898, office of DIXON & STAFFORD:
H. J. LINCH, lawful age, know parties, knew A. L. RICHMOND in lifetime. "He is dead". [Signed] H. J. LYNCH
A. P. WHEELER, lawful age, bought 26 acres of lands from T. B. UPCHURCH on note and trust deed. This land included in mortgage to BROOKS & ANDERSON 22 Oct 1894. Stated T. B. UPCHURCH said at auction for debt that whoever bought it would be buying a lawsuit. [Signed] A. P. WHEELER
E. L. JACKSON, lawful age, made survey, recalls 84 acres in 3 pieces.
[Signed] E. L. JACKSON
JAMES NORTON, age 54, states helped carry chain when JACKSON surveyed.
JAS [X] NORTON
ROBERT PRUEITT, lawful age, "soon be 28 years old". Testifies to rent value.
[Signed] ROBERT PRUETT
22 November 1893, Agreement to convey to A. P. WHEELER land in Dist. 11, begin at stake S. boundary of THOMAS UPCHURCH, deceased, lower end of lot where JOHN YOUNG lived [metes/bounds, no other names given]. Terms include..."not to be paid until I put said WHEELER in possession of 12 acres now in dispute between me and W. E. JONES... [Signed] T. B. UPCHURCH
A. L. JOHNSON, age 44, occ farmer, stated T. B. UPCHURCH owned only life estate of GILLEM UPCHURCH in Lot 1, "he now being age 88". [Signed] A. L. JOHNSON
W. J. YOUNG, age 66, know parties, land. Stated T. B. UPCHURCH claimed he got a deed from his mother about 1882; that T. B. UPCHURCH has been in possession until 1896. During...lawsuit I brought against T. B. UPCHURCH several years ago, J. T. ANDERSON claimed he had bought survivor's interest of ROSS UPCHURCH and CARTER UPCHURCH to Lot 1, which had belonged to their mother SARAH UPCHURCH; that J. T. ANDERSON would get it after Ross and Carter's father GILLUM UPCHURCH'S death. YOUNG stated that Old man [Thomas] Upchurch died about January 1877; further "I married T. B. UPCHURCH'S sister in 1857".
[Note: 1860 USC, Jackson Co., Tenn lists 39-287:
YOUNG, William age 28 TN, Mary 26 TN, John 3 TN, Robert 1 TN, Thomas 2/12 TN. Polly Young in her father's household 1850, gone 1860 - mlj]. [Signed] W. J. YOUNG
CHARLES HOPKINS, age 70, stated there were two fences run between MAT JONES & T. B. UPCHURCH, making a lane between; some years ago there was a lane between COOPER and lands in controversy, but DR LEE and T. B. UPCHURCH joined [removed extra fence]. States he was same CHARLES HOPKINS to whom T. B. UPCHURCH conveyed Lot 3 by deed of trust, and later foreclosed. J. W. CARTER purchased. "I secured for T. B. UPCHURCH...decided in favor of HARRIET RAGLAND...had land sold...about $14.00 [Signed] CHARLES HOPKINS
A. P. WHEELER, recalled by Defendant. [No new genealogical information, repetitious testimony - mlj]. [Signed] A. P. WHEELER
T. B. UPCHURCH, further cross-examined. Stated the JOHN J. BROWN debt put on his land by M. G. BUTLER, attorney for J. J. BROWN was a fair and just debt; that he had bought a horse from J. J. BROWN who obtained a judgment. Mentions affidavits taken by R. A. COX, case of FITE PORTER & CO vs ARMISTEAD McCARVER.
[Signed] T. B. UPCHURCH
R. V. BROOKS recalled. [Lengthy testimony, nothing new]. [Signed] R. V. BROOKS
GEO. M. MORGAN, lawful age, know parties and L. A. McCARVER, was his attorney and Trustee in bankruptcy 1867-1868, he procured final discharge in bankruptcy. I knew PINCKNEY McCARVER, father of L. A. McCARVER, know H. R. and CARTER UPCHURCH. [Signed] GEO. H. MORGAN
DEPOSITIONS following taken 16 May 1898, office of DIXON & STAFFORD:
T. B. UPCHURCH states date of conveyance of GILLUM UPCHURCH to THOMAS UPCHURCH was 1845 [sold property inherited by first wife SARAH, daughter of CALEB ANDERSON, some time after SARAH'S death]. Stated document in file of CHARLES HOPKINS vs T. B. UPCHURCH in Chancery Court. Stated had been licensed to practice law about 20 years. [Signed] T. B. UPCHURCH
A. G. GAINES vs T. B. UPCHURCH, condemnation judgment 14 July 1888, $107.25, Lot 3, District 11, Flynn's Creek, land to be sold.
DEED from RHODA ANDERSON, no monetary consideration, "love and affection...my son THOMAS BRADFORD UPCHURCH" for parcel in 11th District, Jackson Co., TN. Bounded on E by Flynn's Creek; S by GILLEM UPCHURCH; W by W. G. DOWELL & JOBE MEADOWS tract and the MANERVA WHEELER tract; N by FRANK COOPER & WM KITTRELL formerly owned by MARLIN HAILE, being 200 acres more or less, reserving life estate to myself and at my death to T. B. UPCHURCH. Dated 10 October, 1882. RHODY [her X mark] UPCHURCH
Test: J. W. DRAPER, Clerk
Recorded Jackson Co. Register's Office 16 Nov 1882, J. H. CHAFFIN
RECORD OF DISPOSITION OF CASE:
Hon. W. T. SMITH, without jury, in favor of Plaintiffs. Entitled to possession of tract of land sued for, one cent damages and all costs. 1 Jany 1897
A. P. WHEELER vs T. B. UPCHURCH: Petitioner A. P. WHEELER stated he executed note and T. B. UPCHURCH executed deed of trust on land to be conveyed upon full payment. Paid T. B. UPCHURCH $100.00 and J. T. ANDERSON "some $30" while case was in litigation. Mr. MARK GAILBREATH and Mr. DR LEE were present. Mr. JIM ANDERSON got the $100. WHEELER stated he had been head of a family since 1882, had a wife and six children, been their home past seven years, has homestead rights superior to any claim of T. B. UPCHURCH. [Signed] A. P. WHEELER
VANCE, LOUIS R. vs DILLARD, ALEXANDER Chancery 1848
PROSECUTION BOND of LOUIS R. VANCE, secured by JOHN SIMMONS, $75, suit of ALEXANDER B. McNICHOLS, date 14 February 1843.
[Signed] LEWIS VANCE, JOHN SIMMONS
COMPLAINT of LEWIS R. VANCE to HON. B. L. RIDLEY, CHANCELLOR
Complainant LEWIS R. VANCE about 18 Nov 1845 filed bill vs ALEXANDER DILLARD and HENRY B. McDONALD [also sp. McDANIEL] both of Smith Co., TN. Land owned by VANCE lying mostly Jackson Co. sold at execution sale by Sheriff of Jackson Co., JAMES T. HUGHES purchased property valued about $1500 for $160. VANCE applied to JOHN CONGER of Smith Co. for $500 to redeem and pay debts, executed trust deed to ALEXANDER DILLARD for that and other lands. Note executed [blank] day of [blank] 1841. CONGER did not redeem land as agreed. LEWIS VANCE'S brother did so on last legal day [2 years]. DILLARD, the Trustee for CONGER, rented out said land for more than sufficient to repay amount advanced by CONGER of $133, including interest. CONGER died since note executed and HENRY B. McDONALD is his Administrator. VANCE'S debts included notes executed to WILLIAM McGINNIS, PHILIP SADLAR, C. R. FORD, J. W. ?SNELLEDY...judgment awarded by JOHN SMITH, a Justice of the Peace for Jackson Co. DILLARD also received judgment against BALAAM PETTY and THOMAS SMITH for about R25 for rent of said land. 1842 rented to ALEXANDER B. McNICHOLS, who is insolvent. Asks that ALEXANDER DILLARD and HENRY B. McDONALD be made Defendants to this supplemental bill, and enjoined from selling land. QUARLES, Sol.
LEWIS R. VANCE vs H. B. McDONALD, Executor of JOHN CONGER, deceased and ALEXANDER DILLARD as Trustee. Case came again...heard 29 July 1847 before CHANCELLOR RIDLEY [Sets out amount due each person by whom, no relationships given. No signature].
EDWARD ANDERSON age 36 for Complt, 27 July 1847. Stated he and RANSOM MAHANAY lived on the land in the latter part of 1843 or in 1844.
[Signed] EDWARD ANDERSON
HUGH WALLACE age 45 for Compt stated $5 year sufficient fee for Trustee to rent.
[Signed] HUGH WALLACE
SAMPSON W. CASSETY age 39, states he is County Clerk of Jackson Co, $5.00 year fair for Trustee for renting land. [Signed] S. W. CASSETY
DAVID JOHNSON, age 33, $5.00 year fair. [Signed] DAVID K. JOHNSON
THOMAS R. MAHANEY age 26, ditto. [Signed] THOMAS R. MEHENAY
HERALD D. MARCHBANKS age 40 for Trustee; lived less than one-half mile of land ever since DILLARD was Trustee, $20 per year fair fee; was much trouble. MARCHBANKS said he had bought 20 barrels of corn at 50 Cents per bbl from DILLARD, who had received same from RANSOM MAHANAY as rent.
[Signed] HERALD D. MARCHBANKS
BALAAM PETTY sworn, lived 7 miles from land in 1843, 2 1/2 from VANCE 1844, 7 miles from VANCE 1845 at same place; also 1846. [Signed] BALAAM PETTY
ALEXANDER DILLARD sworn, stated portion of land in Putnam Co.; judgment heard there. Deed of Trust executed 10 Sept 1846. [Signed] ALEX DILLARD
SUMMONS TO APPEAR 23 December 1846 by JAMES DRAPER, house of THOMAS McCULOUGH in Buffaloe Valley to: RICHARD B. BENSON, SNOWDEN H. MATTOX, JOSEPH Y. McKEE, MARY ANNE McNICHOL, ELIZABETH McKEE, WILLIAM R. VANCE
NOTICE TO SHERIFF of Jackson Co., TN, to enjoin ALEXANDER DILLARD from selling land. [Signed] GEORGE M. McWHIRTER, C&M
To McCLENNON JONES & SAMUEL VADEN, J.P., Putnam Co., Tennessee. Appears to outline case being tried. [Signed] LEWIS R. VANCE
13 February 1843, acknowledged , issued Writ of Certiorari [enjoined from selling].
[Signed] MCcLELLAN JONES, J.P.; SAMUEL T. VADEN, J.P.
DEMURRER OF PLAINTIFFS states in Spring 1841 LEWIS R. VANCE became addicted to debasing habit of drinking, about to lose everything, took his brother and went to JOHN CONGER, then not deceased, in Smith Co. to borrow money, executed note and Deed of Trust. NELSON & RICHARDSON, Solicitors for Plaintiff
PUTNAM CO, TENNNESSEE
LEWIS R. VANCE and BALIM PETTY, 18 May 1844 filed petitions in my office granted by WILLIAM H. BRADFORD and JOHN W. CALE, two acting J.P.s for said County. ALEXANDER DILLARD as Trustee and JOHN CONGER filed judgment less than 20 days ago; note that it is usury; not to proceed with sale until case heard. 2nd Monday in November 1843. [Signed] W. H. CAR, Clerk
L. R. VANCE vs H. B. McDONALD, etal, 28 Jan 1848, again before B. L. RIDLEY, property of LEWIS R. VANCE purchased by JAMES A. SPURLOCK for $300. Creditor H. B. McDONALD, purchaser JAMES A. SPURLOCK and LEWIS R. VANCE entered into agreement that EDWARD ANDERSON be subrogated.
23 December 1846, depositions of MARY ANN McNICHOLS, ELIZABETH McKEE, JOSEPH Y. McKEE, WILLIAM R. VANCE, SNOWDEN H. MADDUX and ALEXANDER DILLARD to be taken.
MARY ANN McNICHOLS about age 31 states LEWIS R. VANCE'S mind in 1841 not in condition to transact business, had fits, drank to excess in 1840..."think he quit in 1841". When asked if she was a daughter of LEWIS R. VANCE, stated "I suppose I am...been about four years since...lived with him"; did not in 1840 or 1841, lived close by. L. R. VANCE has been living on the land in controversy since Deed of Trust signed...cannot say if he was collecting rent. Property scattered; bought, sold and transacted when he was head of household. [Signed] MARY ANN McNICHOLS
ELIZABETH McKEE about age 53, became acquainted with LEWIS R. VANCE in 1841; part of that year his mind in bad condition. Rented land in 1841 from MR. VANCE, had "fits" when first went up there in Spring, acted like a man deranged...staid [stayed] in a room to himself...liquor there, didn't see him drink often.
[Signed] ELIZABETH McKEE
WILLIAM R. VANCE age about 40, was present when Complainant gave his note to JOHN CONGER, $500 for five years. JAMES T. HUGHES held the land ordered sold by the Court.
Ques: You say you redeemed Complainanant's land; who furnished the money?
Ans: Complainant paid all but $10-$12; I paid with my own money. Complainant borrowed...Bank at Sparta. Complainant was solvent when note made with CONGER...lived 8-10 miles from him. [Signed] WILLIAM R. VANCE
JOSEPH Y. McKEE about 24, knew Complt about 1841, mind bad at times, other times tolerable, drinking fits, "he boarded in the house with me". [Signed] JOSEPH Y. McKEE
SNOWDEN H. MATTUX about age 34, stated "I was collecting officer...1840-41-42...sold most of L. R. VANCE personal property myself". One debt was to JAMES T. HUGHES, that his land was sold for; one in favor of WILLIAM R. VANCE & YOUNG; one in favor of CRAVEN MATTOX; one ALEXR DILLARD; ANDERSON and a great many others can't recall. States elected Constable in March 1840 and short time after made the first levy on VANCE, "was paid through me by JOHN CONGER $270.77". ALEX B. McNICHOLS received $140.21 1/4, CRAVEN MATTOX $117.69, GARLAND ANDERSON $12.87. [Signed] SNOWDEN H. MADDUX
ALEXANDER DILLARD about 35, present when contract & deed of trust by LEWIS R. VANCE signed Spring 1841, Complt sober, proper mind. [Signed] ALEXR DILLARD
[Note: Some of testimony here appears to be missing or, other is repetitious. Unless there is genealogical information, only Deponents' names/ages will be listed - mlj]
DEPONENTS: W. R. VANCE; JOSEPH Y. McKEE;
KISSIAH BENSON about age 46, knew L. R. VANCE last 6-8 years, stayed with him about six years ago, at intervals he did not know one day from another. [no signature]
ANSWER of HERALD D. MARCHBANKS & THOMAS C. MARCHBANKS. HERALD purchased tract of land for $130.00, Complainant indebted to him at one time.
[Signed] THO C. MARCHBANKS
MARY ANN McNICHOLS about 31, states except for years 1837 and 1838, lived with or near L. R. VANCE "all my life". Again states "suppose I am" when asked if she is his daughter. [Signed] MARY ANN McNICHOLS
ELIZABETH McKEE age about 53, states those living on LEWIS R. VANCE property in 1841 were: JAMES McKEE, HOLDEN HARGET, RAMSOM McHANEY, RICHARD B. BENSON and ALEX McNICHOLS. [Signed] ELIZABETH McKEE
DEPONENTS: JOSHUA BARTLETT age about 35; EDWARD ANDERSON age about 35. [Both sign].
HENRY McDONALD, age about 55. [Note: No new data given. However, the way he signed his name - quite clearly - might be noteworthy. Also, a middle initial "B" appears clear in earlier statements. I have Rev War pension records of an apparently different McDonald of Georgia, and affidavits state the names were used interchangeably - mlj]. [Signed] HENRY L. McDANIEL
KESSIAH BENSON recalled, states has been in Tennessee about 29 years, don't recollect where born. KESSIAH [her X mark] BENSON
JAMES R. WALLACE age about 28, saw Compt December 1840 shortly after property sold by Sheriff MADDUX; bought bedstead but let Plaintiff [L.R. VANCE] have it back for cost. Saw him at a corn shucking, acquainted since earliest recollection...at sale do not know if drunk or sober...lying on bed...staid [sic] there the whole time.
HOLDEN HARGET age about 40, known L. R. VANCE about ten years, rented off him 1841, verbal contract. Lived there 1840. [Signed] HOLDEN HARGET
SAML T. VADEN about 45, known Compt 9-10 years, carried chain when DAVID JOHNSON surveyed the DAVID YOUNG tract 1839-1840. [Signed] SAML T. VADEN
ANTHONY W. APPLE about 38, known Compt 12-13 years, there 1841.
[Signed] ANTHONY W. APPEL
SNOWDEN H. MATTUX, about 34 [Signed] SNOWDON H. MADDUX
ALBERT STANTON about 36, witnessed deed between Complainant and Defendant.
[Signed] ALBERT STANTON
LEWIS FLETCHER about 51, do not know whole boundary land controversy.
[Signed] LEWIS FLETCHER
THOMAS SMITH, about 45 or 46. "I came to Complainant's I think in the fall of 1819 to go to school after my school was out I staid [sic] with Complainant till December 1824...every Summer cultivated part of Farm...1819 until I left here in 1840...Complainant had possession of land. I think at this time THOS C. MARCH BANKS is in possession of the DAVEY YOUNG old tract". [Signed] THOS SMITH
WILLIAM T. HUGHES, about 35, "defendant requested me to survey land".
[Signed] W. T. HUGHES
JOHN ROGERS about 47, stated complainant appeared intoxicated the day he signed deed. [Signed] JOHN ROGERS
RICHARD B. BENSON, about 48, rented of L. R. VANCE in 1838-39 or 40.
[Signed] RICHARD B. BENSON
EDWARD HUNT about 22, known Compt 7-8 years. [Signed] EDWARD HUNT
GEORGE HEFNER about 45, testimony re property line. [Signed] GEORGE HEFNER
DEPOSITIONS 26 Jan 1848, for Complainant, no new testimony:
ZACKARIAH KIRKLAND age 34, [Signed] Z. J. KIRKLAND
EDWARD ANDERSON age 38 [Signed] EDWARD ANDERSON
WILLIAM KIRKLAND age 37 [Signed] WM KIRKLAND
VANHOOSER, A. F., Guardian of VANHOOSER, V. M. County 1881
15 Sept 1881, Notice to make Settlement
28 Sept 1881, Resignation by Guardian
2 October 1881, Notice to make Guardian's Bond by 30 Oct 1881
VAN HOOSER, ORPHA, Widow and Admin, VALENTINE VANHOOSER Co. 1874
List of personal property sold/to whom sold, April 1874.
INVENTORY of property of VALENTINE VANHOOSER included notes and credits to various individuals, 10 February 1873.
VANHOOSER, JOHN and LOWE, L. J., Admrs of BEN E. WILLIAMS 1868-1873
vs VANHOOSER, Z. and others
VANHOOSER, JOHN, Administrator de bonis non [admr of goods not yet administered of deceased] of Estate of BEN E. WILLIAMS, Bill of Complaint to HON. W. W. GOODPASTURE, Chancellor:
Heirs of BEN E. WILLIAMS are: Z. VANHOOSER, SALLIE ANN VANHOOSER his wife; JAMES WILLIAMS; THOMAS WILLIAMS; and WILLIAM WILLIAMS who is a minor with no regular guardian.
Creditors: F. M. PRICE; EWING & CO.; MCLAUGHLIN & BUTLER; MARTIN & CRUTCHER; W. G. COX; EWING PENDLETON & CO.; JOHN M. GIPSON & W. M. RAGLAND, all of Jackson County, Tennessee except [these names inserted between lines/up the right margin, cannot read some - mlj] McLAUGHLIN, BUTLER, EWIN PENDLETON residents of Davidson Co. & L. E. ______ of the State of Kentucky and J. W._______. JOHN YANCEY & wife MARY YANCEY of the State of Illinois.
Complaint states BEN E. WILLIAMS died intestate in Jackson Co., Tennessee March 1867. L. J. LOWE was appointed Administrator in 1867, suggested insolvency of estate. Creditors filed for pro rata payment of $949.99 1/2 , personal estate insufficient. L. J. LOWE seeks to sell house and lot in Gainesboro to pay debts. Said WILLIAMS soon before his death deeded to his grandson WILLIAM WILLIAMS a minor, without monetary consideration a tract on which BEN WILLIAMS resided at death being the [former] lands of JOHN ?PETTWAY etal. Ask the deed be set aside and property sold. SUSAN WILLIAMS, the widow of BEN E. WILLIAMS, died since filing original bill. L. J. LOWE resigned, and court appointed JOHN VANHOOSER Administrator de bonis non. WILLIAM WILLIAMS, the minor...no estates...his father is the defendant JAMES WILLIAMS. 13 Dec 1871.
[Signed] BUTLER & DEWITT, Solicitors for the Admr de bonis non
[Signed] JOHN VANHOOSER, Admr debonis non, Est. BEN E. WILLIAMS
NOTICE OF SALE: 42 acre tract bounded by JOHN P. MURRAY and others [not named] in District 1, Jackson Co., Tennessee. Z. Y. YOUNG became purchaser.
September 1874 M. L. GORE, Clerk
JOHN VANHOOSER age 27, states have not been able to collect much from estate of BEN E. WILLIAMS; applied some to burial expenses, remain several unpaid debts in approx amounts: JOHN M. GIPSON $400; Bank of Tennessee $500; DR. S. F. MURRAY, "considerable sum for medicine", other small debts.
[Signed] JOHN VANHOOSER
DEED 12 February 1867: "...for and in consideration my grandson WILLIAM WILLIAMS will support me and my wife SUSAN...JAMES WILLIAMS for his son WILLIAM who is a minor...land in District 1...corner of original 160 acres granted by State of Tennessee to SETTLE WHITLEY & SMITH...bounded by lands of W. W. WOODFOLK...JAMES T. QUARLES...Black's Spring and land of R. A. COX.
BEN E. [X] WILLIAMS
LEONARD J. LOWE vs JAMES WILLIAMS, bill concerning insolvency of estate. [Blank] October 1872, Case came to be heard by HON. W. ?G/J CROWLEY, Chancellor. Asks that all right, title and interest of Z. VANHOOSER and his wife SALLIE ANN VANHOOSER; JAMES WILLIAMS and THOMAS WILLIAMS, the children and heirs at law of BEN E. WILLIAMS, deceased, be vested out of them and their heirs and vested in [?] VANHOOSER and JONAS B. MANSELL and their heirs.
Amended Bill of L. J. LOWE, Admr of BEN E. WILLIAMS vs ZACHARIAH VANHOOSER and wife SALLIE ANN; JAMES WILLIAMS, THOMAS WILLIAMS, WILLIAM WILLIAMS all of Jackson Co., TN and MARY McKINNEY, of the State of Illinois [Note: Relationship of McKINNEY not given; only time her name appears in this suit - mlj]. States SUSAN WILLIAMS, widow of BEN E. WILLIAMS who was entitled to dower has since died, dower was never assigned. [No date- mlj].
M. G. BUTLER, Administrator of B. E. WILLIAMS, deceased vs Z. VANHOOSER and others vs Z. M. YOUNG vs Z. VANHOOSER & others. Complaint states R. A. COX [former Clerk of Court] died and S. B. ANDERSON appointed Admr of Estate and represented by attorney J. T. ANDERSON...agreed causes be removed and judgment in favor of H. W. WILLIAMS former Clerk & Master [This appears to have required recalculating which debtors were owed how much since so many people died before estate finally settled - mlj].
DEPOSITION of B. B. WASHBURN, states he drew deed from BEN E. WILLIAMS to WILLIAM WILLIAMS. No relationships in testimony. [Signed] B. B. WASHBURN
DEPOSITION of JAMES WILLIAMS age 44, stated he moved to B. E. WILLIAMS' in February before he died in March, took care of him and his wife SUSAN...may have made a crop of corn or assisted my mother. BEN E. WILLIAMS died 4 March 1867 and SUSAN WILLIAMS his wife died 14 December 1867. WILLIAM WILLIAMS is a son of mine and grandson of BEN E. WILLIAMS and I am a son of BEN E. WILLIAMS and SUSAN WILLIAMS his wife. States his son WILLIAM WILLIAMS was nine years old when the deed was executed, and that drinking was the cause of BEN E. WILLIAMS' death...mentions BEN E. WILLIAMS' daughter SALLIE VANHOOSER. [Signed] JAMES WILLIAMS
T. G. SETTLE age 42, states knew BEN E. WILLIAMS in his lifetime, for some 15 years until his death. [Signed] T. G. SETTLE
W. W. McCUE, age 47, states knew BEN E. WILLIAMS since 1845.
[Signed] W. W. McCUE
VANNOY, POLLY vs VANNOY, WILLIAM Chancery 1881
Bill of Complaint for divorce states they were married in Jackson County, Tennessee about 14 years ago, were parents of five children, four girls and one boy named ?QUILLI, PRISILLA, SARAH ELLEN, DELILA VICTORIA and ?YOUNG VANNOY.
States first years of marriage were pleasant, alleges cruel and inhuman treatment to her and her children. Lists personal property, asks that it be attached and WILLIAM VANNOY be enjoined from selling same. [Signed] J. M. MORGAN & SONS, Sol.
Affirmed 21 Februay 1881, POLLY [X] VANNOY
[Note: USC 1880, Jackson Co., TN from Sistler's printed index, lists stamped P. 216:
VANNOY, Wm 32, Pollie 32, Ockwelly 9, Priscilly 7, Sarah E. 5, Yancy 1].
[Note: Although the TSLA website and the label on Reel #122 listed this reel as UPCHURCH-VANROE, the VANNOY case was the last one on the reel - mlj].
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