Jackson Co., TN Loose District/Chancery Court Papers
Reel #47, Ashurst - Barnes & (A) Divorces
Also includes Bank cases ("Bank of...)
Vol: 1839-1915

Genealogical Abstracts by Bonnie Parker

Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm


NEW: ASHURST, JOHN ET. AL. VS. KIRKPATRICK, TOLIVER ET. AL.
CHANCERY, 1867.

This case is about debts owed a Pennsylvania company. (Ashurst and others). They believed the Kirkpatricks were hiding their assets to avoid payment. It was settled by compromise. -bp.

Depositions taken: 16 April 1868.

DEPOSITION: WILLIAM J. DIXON.

About the age of 70 years.

/s/ Wm. J. Dixon

DEPOSITION: JUDGE WM. F. OUSLEY.

About the age of 54.

I am the cashier of the Bank of Tennessee at Burksville.

/s/ W. J. Owsley

Deposition taken: 12 Dec. 1867.

DEPOSITION: NANCY JANE WILLIAMS.

24 years of age.

Quest. Are you a daughter of defendant Toliver Kirkpatrick?

Ans. I am.

He sold [his land on Roaring River] to Uncle James Rowe & Son--William Rowe--for $3500.00.

[He sold the land because] my father wanted to let Uncle Michael Kirkpatrick have some money for them to start the goods business in Gainesboro. There was at the time a debt against my father at Burksville, KY and Uncle Michael Kirkpatrick was his security. My father was also indebted to my grandmother for the hire of a Negro, and desired to make arrangements to pay these debts.

Quest. Why did your father wish to reserve the $1200.00 out of the price of the land?

Ans. He wanted it for the purpose of paying my grandmother $500.00 he owed her for the hire of a Negro, and to give to my sister who was married at the time and myself who was then about to marry. Means with which to purchase each a horse and saddle and clothing, etc. He gave me a saddle and clothing and $140.00 to purchase a horse when I was married.

Said payment [of the $1200] was made in Nov. or Dec. 1865. My mother and sister Kibby were in the room at the time.

Quest. You state that your father sold his farm on Roaring River to the Rowes. Say if your father does not still live on the same farm.

Ans. He does.

My father and Lafayette Washburn sold goods in Gainesboro before the War and Michael Kirkpatrick now is and has been for some time selling goods in the same house. Up to the time I married and left home, which was in April 1866, my father usually stayed about the store.

/s/ N. J. Williams

Depositions taken: 13 April 1868.

DEPOSITION: B. B. WASHBURN.

[Sampson W. Cassetty] is dead. He died in the fall of 1866.

I have known Toliver Kirkpatrick since early in the year 1845 and during all the time since. . . My first acquaintance with Michael Kirkpatrick commenced in 1845 or 1846. He was then a boy.

/s/ B. B. Washburn

DEPOSITION: ROBERT A. COX.

I have been acquainted with Toliver Kirkpatrick from my boyhood up to this time. He has all that time or nearly so been a Merchant in Gainesboro.

/s/ R. A. Cox

DEPOSITION: NARCISSA VAN HOOZER [VAN HOOSER].

Myself and husband were living with my father [Toliver Kirkpatrick] in 1867. We went there to live in Jan. or Feb. and some time after we went there to live Pembroke Rowe came to my father's house to collect from him the rent of the farm on which he lived for the year 1866. At which time my father paid him some money for rent. I did see it counted but don't now remember the amount. But it was my understanding that my father paid him the entire amount due the rent for the year 1866. He, Pembroke Rowe, came for his father, James Rowe, to collect the rent.

Quest. Did your husband, John Van Hoozer . . .

/s/ Narcissa Vanhooser

DEPOSITION: JOHN VAN HOOZER.

/s/ John Van Hooser.

DEPOSITION: BENNET MINOR.

The note originated as follows, to wit, R. C. Kirkpatrick was indebted to my father [not named] for the price of a Negro $1465.00 and the balance in money loaned by my father to him--to the amount of $2222.75. My father purchased from Michael Kirkpatrick a tract of land and paid to him a Negro woman at the price of $936.00 and executed his note to M. Kirkpatrick for $800.00 and for the balance of the purchase price of said land Michael Kirkpatrick agreed to take R. C. Kirkpatrick and thereupon R. C. Kirkpatrick executed to Michael Kirkpatrick the note here shown me which was taken by Michael Kirkpatrick for so much of the consideration price of said land.

I have known him {Michael Kirkpatrick] upwards of twenty years. He has generally followed farming.

He [Michael Kirkpatrick] resided on the Walker farm 18 or 20 miles from Gainesboro from August '65 till he moved to where he now lives near Gainesboro. He moved to where he now lives sometime this Spring. He did not move to where he now lives till since March 1867.

It was said that he [Toliver Kirkpatrick] was a man of wealth and owned Negroes and land, etc. [before the War].

/s/ Bennett Miner

DEPOSITION: ARGUILO T. MINOR.

My father, John Minor, bought a tract of land from Michael Kirkpatrick in 1860 and paid him in part a Negro woman and in part my father gave to Michael Kirkpatrick a debt on R. C. Kirkpatrick. I don't know the amount.

/s/ A. T. Minor

DEPOSITION: JOB MORGAN.

Quest. Do you know the tract of land bought by William Hall under a sale ordered in the case of S. W. Cassetty vs. J. Z. Beck?

Ans. I do. I rented it last year. I lived upon it.

I understood from Toliver Kirkpatrick that he was acting for his brother Michael . . .

I have known Mr. T. [Toliver] Kirkpatrick about twenty years.

/s/ J. M. Morgan

DEPOSITION: MOUNCE L. GORE.

27 years old.

I have known Toliver Kirkpatrick for many years. I suppose 15 to 18 years.

Deposition taken: 31 July 1868 in Monroe County, KY.

DEPOSITION: CHRISTOPHER HAYS.

Aged 57 years.

/s/ Christopher Hayes

THE BILL OF COMPLAINT OF JOHN ASHURST OF PENNSYLVANNIA, ET. AL.

. . .Toliver Kirkpatrick owned a valuable tract of land in Jackson County on Roaring River on which he resides containing by estimation 260 acres and on the 10th day of June 1865 he conveyed the said lands by deed in fee absolute on it's face to James and Wm. Rowe, his brothers in law . . . [this error is corrected by James and William Rowe in their Answer, below].

Deposition taken: 5 April 1870.

DEPOSITION: TOLIVER KIRKPATRICK.

/s/ Toliver Kirkpatrick

Deposition taken: 21 Jan. 1869 in Wayne County KY.

DEPOSITION: NATHAN ELLIOTT.

Aged 35 years.

/s/ Nathan Elliott

Depositions taken: 11 Dec. 1867.

DEPOSITION: JOHN LAWRENCE.

Aged 33 years.

/s/ John Lawrance

DEPOSITION: AMOS K. TINSLEY.

Aged 46 years.

Depositions taken: 15 April 1868.

DEPOSITION: T. C. BURRIS.

Quest. Do you know that in 1865, before or after that time, that Toliver Kirkpatrick owed Nancy Burrass [Burris] any amount . . .

Ans. He owed her for the hire of a Negro, $574.00. She is his mother in law.

I am a brother in law of Toliver Kirkpatrick. He married my half sister in the year 1842 as I now remember. Mrs. Burris is my mother.

/s/ T. C. Burris

DEPOSITION: J. C. KIRKPATRICK.

[Michael Kirkpatrick and myself] are brothers.

/s/ J. C. Kirkpatrick

Deposition taken: 14 April 1867.

DEPOSITION: AMOS K. TINSLEY.

I was present at James Rowe's in Kentucky in June 1865 . . .

. . . Mrs. Burris, his mother in law . . .

I am brother in law to such [Toliver and Michael Kirkpatrick].

/s/ A. K. Tinsley

THE ANSWER OF James Rowe and William Rowe to a Bill of Complaint . . . filed by John Ashurst and others.

29 July 1867.

Respondent James Rowe is a brother in law of said Toliver Kirkpatrick and is worth at least $20,000.00. Respondent William Rowe is not a brother in law of said Toliver, is a son of said James Rowe and is worth at least $1,200.00.

. . . they reside in Cumberland County KY, distant from this land about 60 miles.

/s/ James T. Rowe.

/s/ William B. Rowe

Depositions taken: 30 Nov. 1867 at Louisville KY.

DEPOSITION: CHARLES F. HARVEY

DEPOSITION: JOSEPH S. BARLOW.

Aged 30 years.

/s/ Joseph S. Barlow

DEPOSITON: W. E. GRIMSTEAD.

Aged 34 years.

I was a member of the firm of Glazebrook Bros. & Co. in 1865.

/s/ W. E. Grimstead

Depositions taken: 17 April 1868 in Cumberland Co. KY.

DEPOSITION: THOMAS E. BAKER.

/s/ T. E. Baker

DEPOSITIION: WILLIAM ELLIOTT.

I have lived by him [James T. Rowe] all my life.

William Elliott (his mark)

DEPOSITION: MICHAEL C. ELLIOTT.

Quest. Did you and your father, Robert Elliott, purchase of Michael Kirkpatrick the Walker farm in Jackson Co. TN in the fall of 1865 . . .

Ans. We bought the farm in the fall of 1865 at the price of $7,500.00.

/s/ M. C. Elliott

DEPOSITION: A. L. COFFEY.

/s/ A. L. Coffey

DEPOSITION: REV. SAMUEL SIMPSON.

I think I know their characters having been intimately acquainted with James T. Rowe ever since the year of 1814, and William B. Rowe ever since his birth . . .

I am a minister of the Gospel and have been such of over 40 years.

/s/ Samuel Simpson

DEPOSITION: MRS. JANE GRIFFITH.

I have known James T. Rowe all my life . . .

/s/ Jane Griffith

DEPOSITION: ROBERT ELLIOTT.

I have known James T. Rowe for fifty years . . .

/s/ Robert Elliott

DEPOSITION: MRS. DORINDA ROWE.

/s/ Dorinda Rowe


MISCELLANEOUS DIVORCE CASES.

THE BILL OF COMPLAINT OF JOHN ALLARD AGAINST SARAH A. ALLARD, both of Jackson Co. TN.
2 July 1881.

. . . he and defendant were married in the State of Kentucky on the [blank] day of Oct. 1872 and have resided in that state for some length of time when he and his wife removed to this state.

Your orator charges that on the 4 June 1881 the defendant committed an act of adultery with one Cooper Anderson in Jackson Co.

Asks for divorce.

John Allard (his mark)

THE BILL OF COMPLAINT OF DELIA ARMSTRONG, COL. OF JACKSON CO. TN AGAINST PARMER ARMSTRONG, COL. OF DAVIDSON CO. TN.
9 Feb. 1893.

. . . she and defendant intermarried in the year 1889, that she and defendant lived together for a short time when defendant commenced to abuse and ill treat her, he continued his abuse until it rendered her condition intolerable. Your orator further charges that notwithstanding his abuse, she continued to abide with him in the hope that he would reform and treat her in a kind and affectionate way as was his duty to do, until he willfully and maliciously abandoned and has refused and still refuses to provide for her the necessaries of life . . . said abandonment occurred about 3 1/2 years ago.

Your oratrix charges that she has one child as the issue of said marriage--a girl named Magia which she desires that this Court decree to her the custody of . . .

Asks for divorce, and that her name be changed back to her maiden name Brooks . . .

/s/ Delia Armstrong

SARAH E. ANDERSON AGAINST CALEB ANDERSON.
18 Aug. 1876.

The only documents are a summons to Caleb Anderson, a security bond and an order of attachment of property. -bp.

THE PETITION OF M. D. ANDERSON, a citizen of Jackson Co. TN against Emily Anderson, supposed to be a citizen of Arkansas.
2 Nov. 1891.

. . . he and the defendant were married in Decalb [DeKalb] county on the 3 day of Oct. 1882 and lived together till the first day of August 1886.

And that on . . . the first day of August 1886 she willfully abandoned him and refused to live with him.

. . . the defendant Emily wrote him a letter and told him that he need not put himself to any trouble about her, that she was not going to live with him anymore. . .

. . . she was accused of lewdness with Sid Stanton, but how this is your Petitioner does not know.

/s/ M. D. Anderson

THE BILL OF COMPLAINT OF JAMES ALLEN AGAINST MARTHA ALLEN, BOTH OF JACKSON CO. TN.
27 May 1893.

. . . he and the defendant were intermarried in Jackson Co. TN on or about the [blank] day of August 1887 and lived together as man and wife for about three months when the defendant without cause on the part of your respondent, abandoned him, saying when she left him that she would never again live with and cohabit with your respondent any more, no matter what he said or done.

. . . he and the defendant have no children as the issue of their marriage aforesaid.

Asks for divorce.

James Allen (his mark)

THE BILL OF COMPLAINT OF ELIZA J. ALLEN OF JACKSON CO. TN AGAINST RUFUS ALLEN OF PARTS UNKNOWN.
7 Feb. 1888.

. . . she and the defendant was married in Jackson Co. TN on the 2nd day of Jan. 1884 and lived together as man and wife until about the first of March, thereafter at which time he willfully and maliciously abandoned your oratrix without any cause . . . your oratrix is informed that defendant Allen went to Arkansas, that he has failed to provide one thing for her support since that time. Your oratrix has heard that Rufus Allen has married since he went to Arkansas.

Asks for divorce, and that her name be changed to Eliza J. Moss, her maiden name.

Eliza J. Allen (her mark)

THE ANSWER OF DAISY ANDERSON TO THE BILL OF COMPLAINT OF WM. C. ANDERSON.

. . . she was pregnant at the time of their said marriage and that complainant left her for a time.

. . . after complainant returned from a trip to California . . .

She says that they have had sexual intercourse on several occasions since their separation, and she is now pregnant by him.

/s/ Daisy Anderson

THE BILL OF COMPLAINT OF WILLIAM C. ANDERSON AGAINST DAISEY ANDERSON, BOTH OF JACKSON CO. TN.
4 June 1907.

. . . he and defendant were married in Jackson Co. TN on the 25th Dec. 1905, that they lived happily together until sometime in the month of March following when your orator discovered that the defendant was . . . in an advanced state of pregnancy by some person other than complainant and that he did not know that defendant was in the condition aforesaid at the time he entered into the marriage relation with her.

He charges fraud. He left her soon after his discovery and soon after she gave birth to a "bouncing baby boy."

/s/ W. C. Anderson

THE BILL OF COMPLAINT OF MARTHA ANDERSON AGAINST F. T. ANDERSON, BOTH OF JACKSON CO. TN.
7 Aug. 1901.

. . . she and the defendant were married to each other on the first day of Aug. 1899 in Jackson Co. TN. For a while after their marriage they lived in the town of Gainesboro and near thereto. During this time the defendant was reasonable, kind and affectionate to complainant, but in a few months after said marriage, the defendant, over the protestations and remonstrations of complainant, moved into the house of his mother, who kept a lewd house and who was known as a notorious lewd woman and kept such a house as lewd and lascivious men and women frequent . . .Your complainant being a child of very tender years, only about 13 years of age, so she seriously objected to going among and being forced to keep company and live in a bawdy house . . . forced her to move into the house with his mother . . . your complainant was forced to withdraw for a time from said house and go to the uncle of the defendant and hire and work for something to eat, but in a short time thereafter the mother of the defendant moved to the State of Kentucky near Black's Ferry as complainant is informed and then she and defendant again commenced to keep house, but he failed to provide any means for their support . . . in a short while after his mother moved to Kentucky the defendant left and abandoned your complainant, saying at the time he was going to his mother in Kentucky . . . so complainant came back to her relatives near Gainesboro . . .

Martha F. Anderson (her mark)


NEW: BAILEY, DAVIS & CO. VS. GORE, W. C. ET. AL.
CHANCERY, 1880.

THE BILL OF COMPLAINT of Dan H. Bailey, Calvin N. Davis & George Searight, Merchants trading under the firm name & style of Bailey, Davis & Co. in Nashville, Davidson Co. TN against W. C. Gore, Sophia Gore, Jessee Gore, James Gore & Bennatt Gore. The said W. C. Gore is a citizen of the State of Texas and the other defendants are all citizens of Jackson Co. TN.

No date.

. . . W. C. Gore is indebted to them . . .

The defendant W. C. Gore has fraudulently disposed of all his personal property and has run away from the State of Tennessee. The said defendant W. C. Gore is the owner of the following described tract of land, lying in the 1st Civil District of Jackson Co. TN in Tally's Hollow and bounded as follows, to wit, containing 150 acres more or less . . . near George Gentry's house . . . conditional line made by George Gentry, B. B. Chaffin & J. M. Loftis . . . William Loftis line . . . field now owned by Woody Denson . . . crossing the Morrison's Creek Road . . . corner of the widow Stamp's dower tract . . .

Your orators state that defendant Sophia Gore is the wife of W. C. Gore, by whom she has been abandoned. Jessee Gore, James Gore and [blank] Gore are the only children of the said W. C. Gore. The said Jessee Gore is about seven years of age, the said James Gore is about five years of age and [blank] Gore is about three years old. The said Sophia Gore and said minor children of the said W. C. Gore now live upon said lands and occupy the same.


NEW: BAILEY, DAVIS & CO. VS. HARLEY, H. J. ET. ALS. & ORDWAY, DUDLEY CO. VS. HARLEY, H. J. ET. ALS.
CHANCERY, 1879.
17 Sept. 1881.

This case is about debts. I don't see anything of genealogical interest in it. -bp.

 


NEW: BAILEY, JULIA VS. BAILEY, FRANK.
CIRCUIT, 1878.

THE BILL OF COMPLAINT OF JULIA A. BAILEY AGAINST FRANK BAILEY, BOTH OF JACKSON CO. TN.

28 Nov. 1878.

. . . she and the defendant were married in [Jackson Co. TN] on the 13th day of August 1878 and have been resident citizens of said county every since that date.

She charges that for some time after their marriage she and the defendant lived peaceably and happily together but lately he, the defendant, has become ill and disagreeable toward her. She charges within the last few weeks the defendant has whipped her twice with a piece of board and yesterday the 27th day of Nov. 1878 the defendant cursed and abused her, calling "damn bitch" and other degrading names . . . whipped her violently with a board and told her she had to leave the next morning, which she did.

. . . she went to see her mother, a distance of about one half mile.

She asks for divorce and that her name be changed from Julia Bailey to that of Julia McCormmack, her maiden name.

Julia A. Bailey (her mark)


NEW: BANK OF GAINESBORO VS. LEE, S. A. ET. AL
CHANCERY, 1894.

This case is about debts. Nothing of specifically genealogical interest. -bp.


NEW: BANK OF LEBANON VS. MC KINLEY, M. L. ET. AL.
CHANCERY, 1887.

Deposition taken: 28 & 29 May 1891.

DEPOSITION: S. G. STRATTON.

I am the cashier of the Bank of Lebanon TN, in Lebanon TN [Wilson County].

THE BILL OF COMPLAINT of the President and Directors of the Bank of Lebanon of Wilson Co. TN against M. L. McKinley, S. F. McKinley and her husband James D. McKinley, citizens of Jackson County TN.

No date.

. . . M. L. McKinley . . . his mother, the defendant S. F. McKinley . . . his father, J. D. McKinley . . .

. . . M. L. McKinley, being a single man and not the head of a family . . .

THE JOINT AND SEPARATE ANSWERS of M. L. McKinley, S. F. McKinley and J. D. McKinley.

No date.

She [M. L. McKinley] states that her husband is gone a great part of his time trading in the South, absent for many months at a time . . .


NEW: BANK OF GAINESBORO VS. YEAMON, J. H. ET. AL.
CHANCERY, 1905.

SPECIFICATIONS for the new Bank of Gainesboro building by Jas. H. Yeaman, architect, are included.

Deposition taken: 9 March 1906 at Nashville TN.

DEPOSITION: JAMES H. YEAMAN.

46 years old, residence Nashville, occupation architect and contractor.

Evidently he built the Court House [speaks of having bricks left over from that building]. -bp.

/s/ Jas. H. Yeaman

Deposition taken: 31 May 1906.

DEPOSITON: W. A. RASH.

Age 51, residence Gainesboro TN.

I was the agent for Mr. Yeaman at that time, drew the payrolls, paid the hands for their labor.

DECREE.

Sept. 1906.

This is a dispute between the architect/contractor and the Bank about costs and payment for building the new bank building. The contractor, J. H. Yeaman, was ordered to pay the bank $1931.78.

Depositions taken: 14 Sept. 1906 in Nashville TN.

DEPOSITION: J. P. FULCHER.

50 years old, residence Nashville, occupation brick maker and contractor.

Been in the brick business 25 years.

/s/ J. P. Fulcher

DEPOSITION: T. L. HERBERT.

Brick maker and builder for 30 years.

/s/ T. L. Herbert

DEPOSITION: W. BUSH SNEED of Nashville TN.

Age 36, Secy. and Treas. of Bush Building Co.

Been in the brick business 15 years.

/s/ W. Bush Sneed

Deposition taken: 5, 6 & 7 Sept. 1906.

DEPOSITION: T. D. WOOTEN.

Age 42 years. Residence Carthage TN, occupation contractor and builder.

I constructed the First National Bank at Carthage and the Hotel Walton at Carthage and also the Annex used by the Smith Co. Bank.

/s/ T. D. Wooten

Deposition taken: 14 & 15 Aug. 1905.

DEPOSITION: J. A. WILLIAMS.

I am 67 years old and I reside in Gainesboro TN. My occupation farmer and Banker.

I am cashier [in the Bank of Gainesboro].

The Bank appointed a Building Committee consisting of Mr. J. T. Anderson, B. L. Quarles, D. B. Johnson, myself and R. V. Brooks.

/s/ J. A. Williams

Deposition taken: no date.

DEPOSITION: B. L. QUARLES.

Age 35, residence Gainesboro TN.

Merchant, firm name Quarles, Sadler & Quarles.

I am a Director of said Bank [of Gainesboro].

/s/ B. L. Quarles


NEW: BANK OF GAINEBORO VS. YORK, WM. ET. ALS.
CHANCERY, 1896.

THE CROSS BILL OF WM. YORK, GUARDIAN OF J. M. G. YORK AND J. M. G. YORK TO THE BILL OF COMPLAINT of the Bank of Gainesboro against them which Bill they have this day answered, and in order to avoid multiplicity of suits, they ask to add another party in addition to complainants, that of W. H. Lee who is the administrator of S. A. Lee, deceased, a citizen of Jackson Co. TN.

No date.

. . . S. A. Lee died intestate in Jackson Co. TN on the [blank] day of [blank] 1895 and that defendant W. H. Lee was soon thereafter appointed, bonded and qualified as his Administrator. That the estate of S. A. Lee is insolvent, and that S. A. Lee was hopelessly insolvent for some time prior to his death.

Cross complainants charge that on the 26 day of May 1894 S. A. Lee sold and conveyed by Deed the fee simple title to three tracts of land lying contiguous to each other on the North Side of Cumberland River in District No. [blank] of Jackson Co. TN . . . The said S. A. Lee placed your [?] complainants in immediate possession of said lands and they held same undisturbed until the 25th day of [blank] 1895 when S. P. Fowler and Lon Coomer and wife Annie R. Coomer, heirs of V. M. and Lou M. Fowler filed their Original Bill of Complaint against respondents which seeks to eject and recover said lands from respondents by virtue of a supposed Superior and paramount title in them as heirs of Lou M. Fowler, their mother. They charge in said Bill that James G. Cunningham, the father of Lou M. Fowler, devised the first tract of the lands described [in the Deed] to Lou M. Fowler in the year 1874, that V. M. Fowler and Lou M. were at that time married and had children born alive to them and that after the death of James G. Cunningham and the probate of his Will, to wit, on Aug. 12, 1874, V. M. Fowler, the husband, being then tenant by the Curtesy initiate sold and conveyed the first tract described to V. C. Lee (the ancestor of S. A. Lee), that Lou M. Fowler signed and acknowledged said Deed but her name not appearing in the operation and conveying part of said Deed, she did not convey her interest in said lands and it was alone the Deed of the husband and that V. C. Lee held only the life estate of V. M. Fowler in said lands and that the complainants in said case were entitled to the remainder interest of their mother who had previously died and that same had vested in them by the death of their father which occurred in Sept. 1889.

DEED.

29 May 1894.

For and in consideration of the sum of $5000, I, Samuel A. Lee, do hereby transfer and convey unto William York for his ward John M. Gipson York all my right, title, claim and interest in and to the following described land lying in Civil District No. 13 of Jackson Co. TN.

1st tract bounded as follows, to wit, . . .bank of Cumberland River Margaret A. Herod's northwest corner . . . Denton Moore's line . . . containing 195 acres . . . The same purchased by V. C. Lee of V. M. Fowler and wife Aug. 12, 1874.

2nd tract, Beginning on Newton Moore's and Andrew Vanhooser corner a stake in V. C. Lee's line . . . containing 30 acres, more or less.

3rd tract, . . . Gus Lock's north boundary line . . . James Buckhaurn's corner . . . V. C. Lee's corner . . . containing 15 acres more or less, making in all 240 acres more or less.

Samuel A. Lee (his mark)


NEW: FIRST NATIONAL BANK OF SPARTA VS. HICKORY SPOKE WORKS, ET. AL.
CHANCERY, 1915.

THE SEPARATE ANSWER OF EMMA BURRIS, ALIAS EMMA MC COIN.

15 April 1916.

Respondent admits that she was a complainant in the case of Emma McCoin vs. A. M. McCoin in the Chancery Court at Gainesboro TN and that M. G. Butler . . . was one of her counsel in said case.

Respondent states that her solicitor's fee in said case was $250 and that she paid him out of the alimony pendente lite prior to the April term of the Chancery Court 1915, $100, [she has since paid him another $100 and now only owes him $50].

THE BILL OF COMPLAINT OF THE FIRST NATIONAL BANK OF SPARTA TN AGAINST HICKORY SPOKE WORKS, ET. AL.

4 Oct. 1915.

Your complainants would respectfully show that it is a Banking Corporation incorporated under the laws of the United States with it's place of business at Sparta, White County TN. That the defendant, Hickory Spoke Works, is a corporation incorporated under the laws of Tennessee, but having no office or place of business at any place at this time, as far as is known to this complainant, but one of it's officers, S. G. Butler, Secretary and Treasurer, is a resident of White County TN.

. . . seeking a recovery on three notes, signed by Hickory Spoke Works, principal, S. G. Butler and M. G. Butler, sureties. . .

. . . sought as against [J. R.] Tubb to foreclose a certain deed of trust which he held on the property of defendant M. G. Butler. . .

. . . M. G. Butler is insolvent and nothing can be made out of him by execution of law, that he has heretofore disposed of all his property subject to execution and nothing can be made out of him by execution at law. The other defendants, S. G. Butler and Hickory Spoke Works, are wholly insolvent it is informed and believes.

. . .alleged that on the 14th of April 1913 the defendant M. G. Butler executed to the defendant Nannie Butler, wife of M. G. Butler, a deed for about 100 acres of land, what is known as the Blue Grass Pasture, lying near the town of Gainesboro TN.

. . . Hickory Spoke Works, of which concern said S. G. Butler was the Chief Stockholder or at any rate, was the leading spirit therein.

Complainant avers that in the case of Gale Berry vs. E. M. McCoin et. al., brought in the Chancery Court of Jackson Co. TN and appealed to the Court of Civil Appeals for the Middle Division of TN . . . Complainants in that case recovered a one half interest in a tract of valuable land in Jackson Co. TN, described as follows: Being the land of which one J. J. Mercer died seized and possessed, and willed on the 11th of Feb. 1887 to James J. Mercer, Jr., George Campbell Mercer, Lorenzo D. Mercer and Luther Mercer and by them transferred to Gail Berry on the 15th of Oct. 1902 . . .

That since the recovery in the case of Gail Berry vs. E. M. McCoin et. al., Gail Berry has died and his sons, T. N. Berry and George Berry and John Berry have succeeded to his rights.

Mrs. Marcus Cooper is the widow of William Cooper and J. R. and J. W. Cooper are the only sons and administrators of the estate of William Cooper, deceased.

J. R. Tubb is the father-in-law of young S. G. Butler, hereinbefore referred to and the son of M. G. Butler, and is a man of some wealth and runs a considerable manufacturing business in the town of Sparta TN and since the business of young Butler, to wit, the Hickory Spoke Works, has collapsed and said Tubb is employing him . . .

THE JOINT ANSWER OF JAMES MERCER ET. AL.

11 Nov. 1914.

. . . they seek to recover a one undivided half of the lands of which J. J. Mercer died seized and possessed.

Signed: James Mercer, Ned Mercer, G. C. Mercer, Lorenzo Mercer, Luke Mercer, Johnnie Mercer, Melia P. Painter, Henry Painter, Consada Lynn, John W. Lynn, Eliza Burris, James Burris, Nellie Huffhines [Huffines], Roscoe Huffhines [Huffines].


NEW: BANK OF TENN. VS. BROWN, U. T. AND OTHERS.
CHANCERY, 1860.

THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee, citizens of Davidson Co. TN against Uriah T. Brown, Leroy Joe Brown, Jimmerson Brown, Thomas J. Draper and James Draper of Jackson Co. TN , Jefferson Jones of Davidson Co. TN and James H. Lee of Texas.

This is about debts. Nothing specifically genealogical.


NEW: BANK OF TENN. VS. CASSETTY, THOMAS D.
CHANCERY, 1869.

THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against Thomas D. Cassetty of the County of Davidson , William Gore, Peter G. Cox, George M. Ray and James W. Draper of the County of Jackson.

No date.

. . . S. S. Stanton died about the [blank] day of [blank] 1864, intestate . . .


NEW: BANK OF TENN. VS. CRAIGE, LARKEN B. ET. ALS.
CHANCERY, 1868.

Again, about debts. -bp.

THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against Larkin B. Craige, William Craige and Dudley Brown of Jackson Co. TN and L. B. Craige of Smith Co.

No date.

. . . the defendant William Craige has departed this life intestate in the county of Jackson and State of TN, he has no estate that your Orators are aware of and the said defendant has been dead more than six months and no one will administer on his estate . . .


NEW: BANK OF TENNESSEE VS. ELDRIDGE, THOMAS, ET. AL.
CIRCUIT, 1860.

The President and Directors of the Bank of Tennessee against Thomas Eldridge, George W. Chastain, David Graham and Jesse Eldridge.

This is about debts, and there is nothing specifically genealogical in the case. -bp.


NEW: BANK OF TENN. VS. FOX, BENJAMIN ET. AL.
CHANCERY, 1866.

THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee of Davidson Co. TN against B. Fox, C. C. Price and W. H. Fox of Jackson Co. TN except W. H. Fox who has removed to parts unknown.

27 Sept. 1866.

. . . R. J. C. Gailbreath who is now dead . . .

This case is about debts. -bp.

ORDER TO THE SHERIFF to attach land.

2nd Monday in July 1867.

. . . attach the tract of land whereon the defendant Wm. H. Fox lived in 1865, now occupied by Andrew Dudney, lying on the waters of Flynn's Creek in Jackson Co. adjoining the lands of Pinkney McCarver and others . . .


NEW: BANK OF TENN. VS. GIPSON, TOBIAS ET. ALS.
CHANCERY, 1859.

The President & Directors of the Bank of Tennessee vs. Robert McClendon, Robert J. C. Gailbreath, Tobias Gipson & Stewart F. Murray.

About debts. -bp.

DECREE.

The Bank of Tennessee vs. Tobias Gipson, Russel M. Kinnaird and Thomas L. Bransford.

No date.

. . . Tobias Gipson . . . purchased of his now co-defendants Kinnaird and Bransford three tracts of land, lying in Jackson Co. District No. 10 on Bowerman's Branch of Blackhorn's fork of Roaring River, one is a 100 acre tract Granted by the State of Tennessee to Richard Mansel upon which defendant Gipson now lives, one a 56 acre tract Granted by said State to said Mansel adjoining and lying immediately west of the 100 acre tract and the other a 50 acre tract Granted by said State to Balum Chaffin lying immediately south of the said 100 acre tract.


NEW: BANK OF TENN. VS. NICHOLAS HALE ET. AL.
CHANCERY, 1850.

THE BILL OF COMPLAINT of the President & Directors of the Bank of Tennessee against Nicholas Hale, William Nations and William Hale of the State of Arkansas and Reuben Beck of Jackson Co. TN.

14 July 1850.

This is about debts. -bp.

Nicholas Hale, previous to his removing from the state, sold and conveyed to the defendant Reuben Beck several tracts of land lying in Jackson Co.


NEW: BANK OF TENN. VS. HAWKINS, WM. ET. ALS.
CHANCERY, 1869.

THE BILL OF COMPLAINT of the President and Directors of the Bank of Tennessee against William Hawkins, Samuel G. P. Gore, John R. Hampton and Ensley Wilmore and Jerry R. Roberts, citizens of Jackson Co. TN and William Hamilton, a citizen of the State of Illinois.

13 July 1869.

About debts. -bp.

. . . Sheriff Willmore levied on a tract of land bounded as follows, on the lower end of the land of Thomas Rose and the shop where Henry Kirk worked, on Cumberland River on the north. Said land lies in District No. 8 of Jackson Co. Said land was levied on as the property of defendant William Hamilton and the levy was made by Sheriff Willmore on the 13 day of Oct. 1859 . . .


NEW: BANK OF TENN. VS. KIRKPATRICK, R. C. ET. AL.
CHANCERY, 1867.

THE BILL OF COMPLAINT of the President & Directors of the Bank of Tennessee against R. C. Kirkpatrick, J. W. Crutcher, Allen W. DeWitt, B. B. Washburn, L. C. Hall, James G. Cunningham, Lafayette Washburn, Toliver Kirkpatrick and Robert A. Cox of Jackson Co. TN, Joel W. Settle & Watson M. Cooke of the County of Davidson, W. B. Campbell and S. T. Motley of the County of Wilson TN and William M. Clements of the State of Texas.

20 Aug. 1867.

About a deed of trust and debts. -bp.

. . . L. W. Cassetty has died. . .

THE JOINT AND SEPARATE ANSWER of James Crutcher and Cora Crutcher by their guardian ad litem N. B. Young to the Bill of Complaint.

9 March 1880.

. . . Joseph Crutcher, the father of his said wards . . .

THE SEPARATE ANSWER of Sam'l T. Motley & Wm. B. Campbell, Mary A. Campbell & Margrit H. Campbell, the last three as executor and executrix of Wm. B. Campbell, deceased . . .

8 Feb. 1868.

Respondents would state that Wm. B. Campbell, Sen'r. has departed this life leaving a Will, which was duly proven and Respondents Wm. B., Mary A. and Margrit H. qualified as his executor and executrix . . .

PLEA of Robert C. Kirkpatrick.

15 April 1872.

He was declared bankrupt in March of 1870. -bp.

THE JOINT AND SEPARATE ANSWER of Robert Washburn, Archie Washburn, Benj. R. Washburn, Benjamin Williams and Annie McFerren, minor heirs of B. B. Washburn and Watson M. Cooke, dec'd, by their guardian ad litem R. A. Cox.

4 Dec. 1879.


NEW: BANK OF TENN. VS. PROCTOR & STUBBLEFIELD.
CHANCERY, 1858.

Depositions taken: 18 Jan. 1858.

DEPOSITION: THOMAS BRYANT.

Aged 48 years.

I was acquainted with W. W. Goodall, former Sheriff of Jackson Co. TN in 1855.

/s/ Thos. Bryant

DEPOSITION: ALEXANDER FURGERSON.

Aged 38 years.

I was acquainted with Goodall, Sheriff of Jackson Co. at the time stated [1855].

Highlands was the property of M. G. B. Stubblefield. I think Highlands was sold to satisfy Douglas's debt.

/s/ A. M. Fergusson

DEPOSITION: THOMAS H. BUTLER.

I was Clerk of the Circuit Court of Jackson Co. in the year 1855.

I issued an execution against M. G. B. Stubblefield, Thomas M. Stubblefield and William Proctor in the 28 Dec. 1855. . . The execution is endorsed in W. W. Goodall's handwriting that it came to his hands 18 Jan. 1856 and it was returned to the office by James Draper, Esquire, on the 16 Jan. 1857 Since the death of W. W. Goodall. [This sentence was written this way, without punctuation between 1857 and with Since capitalized. I'm not certain of its meaning. -bp].

/s/ T. H. Butler

JURY.

Nov. term 1855.

Mounce Gore, Zachariah Van Hooser, Peter Polk, Alfred Cornwell, Thomas Hufhines, Albert Kirkpatrick, Reuben Beck, William Speakman, John Jones, Alexander Harlen, James Tinsley and James Strode.

EXECUTION.

I levy this paper upon Thomas M. Stubblefield's undivided interest in a certain tract or parcel of land lying in Jackson Co. on the North Side of Cumberland river on Wartrace creek in District No. 3 bounded as follows, on the South by John Ray, on the West by A. M. Fergerson and John Ray, on the North by Leonidas Cassetty and others, on the East by Thomas Bryant and John Ray, containing 200 acres. And being satisfied that said undivided interest is insufficient to satisfy the debts and cost I therefore levy on the undivided interest of William Proctor on the same land this 22 Dec. 1856 . . .

Depositions taken: 11 May 1858.

DEPOSITION: WILLIAM L. STUBBLEFIELD.

Aged 38 years.

. . . a negro woman named Martha who belonged to Monterville [G. B. Stubblefield].

It was understood then that Martin had a life estate in Green [a slave?] and then he belonged to the children, Monterville being one.

/s/ W. L. Stubblefield

DEPOSITION: HARVEY W. DRAPER.

40 years.

Fergusson afterwards had the negro [Martha] in possession and my understanding was that he had a lien on her for the money that he paid to me.

/s/ Harvey W. Draper


NEW: BANK OF TENNESSEE VS. RICHMOND, R. F. AND OTHERS.
CHANCERY, 1868 - 1870.

About debts. Nothing specifically genealogical. -bp.


NEW: BANK OF TENNESSEE VS. VINCENT, JOSHUA ET. ALS.
CHANCERY, 1869.

THE BILL OF COMPLAINT of the Bank of Tennessee against Joshua Vincent and James Burgess, both of Jackson Co. TN.

No date.

. . . about 4 March 1856 recovered a judgement in the Circuit Court of Jackson Co. against said defendants and one Hugh Pharis for the sum of $150.38 besides $21.40 costs of suit. That said Hugh Pharis has since died intestate and insolvent and that no administration has ever been had on his estate, that he has been dead several years and no one can be procured to administer on said estate.


NEW: BARLOW, T. W. & OTHERS VS WILLIAMS, WM. & OTHERS.
CHANCERY, 1901.

DEED.

7 May 1849.

James Neely of Jackson Co. TN sold to William E. Smith of same, for $293.00, a tract of land lying in Jackson Co. TN in District No. 8 and on the waters of the dry fork of Mill creek containing by estimate 130 acres more or less and bounded as follows, . . . corner of a hundred acre tract Granted to Reece Morrell running north with said line to a tract that Richard Castell formerly lived, then west with said line to the Branch from James Spivy's spring and up said branch to a conditional line made by Reuben Price and John Orgathorp [Oglethorpe?] . . . the field that lies between James Spivy and James Neely . . . a 50 acre tract Granted to Reuben Price . . . to Daniel Stull line . . .

s/s James Neely

DOWER.

No date.

We the undersigned commissioners having been summoned and duly sworn to lay off and assign dower to Mahala Smith, wife of Wm. Smith, deceased (now the wife of James Spivy) out of the real estate of Wm. Smith, deceased . . . Dower of 139 acres laid off.

Commissioner's names not included. Only first page of document is present, remainder evidently missing.

Plat included.

Deposition taken: 12 April 1901.

DEPOSITION: JOSEPH WHITAKER.

I was 38 last Dec. and reside in Jackson Co. TN.

/s/ Jo Whitaker

Depositions taken: 6 Dec. 1900.

DEPOSITION: W. R. HARRIS.

Age 54 years.

I have known it [the land in dispute] 40 or 45 years.

I lived on the land with my father when I was a boy.

He [my father] did not own it, just rented it from Mahala Smith afterwards Mahala Spivey. [Mahala Spivey] has been dead about 10 or 15 years.

Quest. Who next owned or claimed this land after her death?

Ans. R. P. Brooks and John Gipson.

Quest. Who next owned and claimed it after Brooks and Gipson?

Ans. George Abney and John Hamilton I think.

Quest. How old were you when you lived with your father on the land you have spoken of?

Ans. I guess I was ten or twelve years. I don't know exactly.

Quest. How long did you live there with your father?

Ans. I lived there a year or two.

Quest. How far have you lived from the land since?

Ans. I have lived right around it, not over six or seven miles.

W. R. Harris (his mark)

DEPOSITION: JOHN WILLIAMS.

I am 77 years old.

I bought it [the land in dispute, known as the James Neely tract] from Saire Fowler.

Has been 40 or 50 years [since I bought it].

I owned it six or eight months and swapped it with Wm. Ellis.

He [Ellis] let Bill Smith's brother have it and he let W. E. Smith have it.

Quest. What was W. E. Smith's wife named?

Ans. Mahala. And she married Jimmy Spivey after Smith's death, was known as Mahala Spivey.

John Williams (his mark)

Depositions taken: 28, 29, & 30 March 1901.

DEPOSITION: JESSE HOOTON.

I am 67 year old. I reside in the 6th Civil District of Jackson Co. I am a farmer and a Minister of the Gospel. I have been a Minister of the Gospel 22 years.

Mahala Smith owned the land when I first knew it. I taught school in that neighborhood.

Quest. Did any house stand on the Neely lands in 1855?

Ans. Yes, Sir. A cabin. It was called J. R. Gordon cabin.

/s/ Jesse Hooton

DEPOSITION: MART PHILPOT.

Age 54 years. [Residence] 6th Civil District of Jackson Co.

Known the land [in litigation] 15 or 18 years.

Mart Philpot (his mark)

DEPOSITION: JOSEPH LYNN.

Age 74 years. I live in the 6th Civil District of Jackson Co. TN.

Quest. How long have you lived in the 6th District of Jackson Co.?

Ans. Since 18 and 50 some odd [sic].

Quest. What offices of trust have you held, if any, in Jackson Co. TN?

Ans. I have been Constable two or three times and have been Justice of the Peace three or four times and Deputy Sheriff six years and tax assessor five years before this term and am assessor now.

When I was a boy my Daddy lost some hogs and went there [to the Neely land] to find them . . .

/s/ Joseph Lynn

DEPOSITION: T. N. BERRY.

I am 43 years old. I am a farmer.

/s/ T. N. Berry

DEPOSITION: H. M. STACY.

I live in Jackson Co. TN near the Antioch Church.

There is a house, stable and enclosures and a field enclosed on this land inside of these boundaries [of the land in controversy]. Sim and John Barlow live there.

[Mahala Smith] owned and had possession of said land for several years before, but she did not own it at her death. She had sold it or had moved off eight or ten or twelve years before her death.

/s/ H. M. Stacy

DEPOSITION: G. M. FLYNN.

I am 55 years old. I know the land in controversy. It is about three miles from where I live now. I was principally raised on adjoining lands and have known it ever since I could remember.

My brother married her [Mahala Smith-Spivey's] daughter and he filed a bill soon after the War and had it sold and then it passed into other hands. R. P. Brooks and J. M. Gipson bought it at this sale.

During the Civil War Mahala Smith and Jim Spiva [Spivey] were married and they moved from where she lived, where T. W. Barlow now lives, and they moved over to Spiva's place and then they moved back to her place where Spiva died.

/s/ G. M. Flynn

DEPOSITION: J. E. HAMMON.

I am 54 years old and reside in 8th District of Jackson Co. TN. Occupation a farmer.

I married a daughter of W. E. and Mahala Smith.

I know two roads leading to the Morrell Mill. Now Nate Vaney's Mill. One leads through Mr. Barlow's (the complainant's) new ground, between Jack Flynn's and Mr. T. W. Barlow's, also there was one that turned off up there at those rocks above Mr. T. W. Barlow's. The other Morrell Mill road turned off of the Cumberland River road at the corner of Natt Vannoy's field and Lee Phillipps' next to Lee Phillipps' and went down to the Mill.

Quest. Does not complainant T. W. Barlow live between these Spivy lands and Jack Flynn's?

Ans. Yes, Sir.

Quest. From whom did you buy your land, the land on which you now live?

Ans. From Wm. Lunday, but the title lay on Mr. Gail Berry.

Mr. Gail Berry got it from Alex Bales . . .Gail Berry had to pay the debt to Bales for Hull. So he took the land. The land was Granted to old man Alex Bales. He, Bales, entered 1000 acres and this is a part of his Entry.

Quest. Who is your land bounded by on the South?

Ans. Parazada Burks.

Quest. Is or not the Parazada Burks land the same land Granted to one Wm. Ellis?

Ans. Yes, Sir, that is what I am told.

Quest. Tell if you can who all have lived on this Neely tract of land, that is now in controversy in this suit.

Ans. Gust Rose, Admr. of W. E. Smith, told me that old man Maci Stacey was the first man he ever knew of living on the land. Old man Ellis, Wm. Ellis, he said lived on the land. A fellow by the name of Carpenter lived on it. Dave Vancy, Geo. Harris, Andrew Pryor, then Sim Barlow and them bought the land . [Mahala Smith] rented the land to Carpenter, Dave Vancey, Geo. Harris.

I have lived away from this country in the State of Kentucky for 26 years; moved to Kentucky in 1871.

/s/ Jon E. Hammans

Depositions taken: 28, 29, 30 & 31 May & 1 June 1901.

DEPOSITION: E. L. JACKSON.

I am a practical surveyor. Have been such about 30 years.

/s/ E. L. Jackson

DEPOSITION: DALLAS HARRIS.

Age 37. I live in Overton Co. TN. Occupation farmer and blacksmith.

. . . Will Harris, a brother of mine . . .

/s/ G. D. Harris

DEPOSITION: WILLIAM R. HARRIS.

. . . me and my brother Dallas Harris . . .

W. R. Harris (his mark)

DEPOSITION: JOHN COX.

31 years old. Reside in 6th Civil District, Jackson Co. TN. Occupation farmer.

I am Constable [in Jackson Co. TN].

/s/ J. P. Cox

DEPOSITION: W. R. POSTON.

32 years old, past.

/s/ W. R. Poston

DEPOSITION: T. W. BARLOW.

. . . one of the complainants . . .

I and complainant John P. Barlow [own the land in dispute].

The Hillham Lumber Co. came over on our land and cut something like 365 trees I reckon and hauled it off.

We bought the land in Jan. 1898 . . .

My boy, John P. Barlow . . .

Quest. How old are you?

Ans. About 52 years old.

Quest. How long have you lived in the section where you now live?

Ans. Little over two years.

/s/ T. W. Barlow

DEPOSITON: J. P. BARLOW.

Quest. Who are the owners of said Mahala Spiva place?

Ans. Myself and my father (T. W. and J. P. Barlow).

Me and my brother Sim Barlow . . .

[I am] 30 years old.

/s/ J. P. Barlow

Deposition taken: no date.

DEPOSITION: W. R. GREENWOOD.

My father always told me that I was born April 2, 1844. That is the record of my age. Jackson Co. (6th District thereof) is my residence. Occupation farmer.

I have known the lands [in dispute] for 40 odd years.

I live between three and four miles of the lands. I have been living where I am at for two years. I lived in Kentucky three years and between eight and nine miles of it, the land, for twenty years and in my young days when I was married in 1866 all around the lands and worked on the lands.

This case was evidently settled by compromise. There are at least three documents about a compromise, which I did not read closely. -bp.


NEW: BARNES, JOHN VS. WELCH, GEO. ET. ALS.
CHANCERY, 1847.

There is bad bleedthrough of most of this record, making it very hard to decipher. -bp.

Depositions taken: 18 Nov. 1847.

DEPOSITION: GEORGE WELCH.

About the age of 69 years.

On the 19th May 1841, John Welch requested me to write his Will, in which he devised to his wife Polley Welch five tracts of land, in all 143 acres, including the farm and improvements whereon he lived, together with all the household and kitchen furniture and farming tools, stock, etc. during her natural lifetime and after her death the same was to belong to Jessee Welch provided he acted prudently in supporting his grandmother Polley Welch, and all his personal property, except what they acquired during her lifetime (which was to belong to the said Jessee) was to be sold and divided among his lawful heirs.

He also gave to his six grandchildren, the children of Ann Choat, deceased, 175 acres of land and Thomas Choat, their father, was to have the use of said land free of rent as long as he chose to. He also relinquished his right and title to 90 acres of land where his still house stood and one brown filly and [unreadable]. The Will which I wrote at his request and now have in my possession does not state to whom it was relinquished. My impression is it was to David Anderson. All the other lands sold and equally divided among his heirs except a six acre tract on the Mountain south of his house that he give to Jessee Welch, and the said John Welch, being sick but of sound mind and disposing memory at the time I wrote the Will was attested by Joseph Pearson and John B. Pointer and on the 21st day of May 1841 the said John Welch requested me to make some alterations in his Will which I did as he directed. He gave his wife six acres more of land, his Blacksmith tools and two notes of $100.00 each and at the death of his wife Polley Welch it all was to go to Jessee Welch together with the profits arising from the same. The balance of this, the second Will, was in substance about the same as the first. My recollection is confirmed by the second Will giving the ninety acres of land and the brown filly to David Anderson. The second Will was attested by Jacob Harpole and John B. Pointer, and I was appointed executor to both Wills and some after that the said John Welch directed me to destroy the Wills, which I done by taking his name off.

I heard John Welch say that Jessee Welch was the best boy he had raised.

Sometime in Sept. 1846 said John Welch being sick I visited him when the following conversation took place. He remarked to me that if he was to drop off that Jessee Welch and Elvira Welch would get nothing and that he had a notion to make Elvira Welch a deed to some land where Jessee Welch then lived and also to give Jessee Welch a deed to the place where he then lived and to let Jessee give his wife Polley a bond for her maintenance her lifetime and for Jessee to move in the house with his wife Polley and said he, what do you think of it. I told him I did not think it a good plan, for that Jessee was young and might run through with it and have the old lady in an awkward situation. He then observed that if he could sit up and write that he could put it in the deed and that we talked some three or four times together before the writing was done and it was always to the same import in conversation with said John Welch about writing the deeds to Jessee Welch and Elvira Welch. I suggested to him the name of R. G. Burton and he said that Burton had to go to Gainesboro to Court and I then mentioned Lee R. Taylor to which he consented and I named to Lee R. Taylor what had taken place and he said he would give an answer before he left. He then said if I would dismiss my School the next day and be with him that he would come and do the writing for him and the next morning I told John Welch what conversation had taken place between myself and Lee R. Taylor and the agreement was that the arrangement was to be made and I went and [told?] L. R. Taylor accordingly.

We went on and the said John Welch directed me where to find some papers so that he could write the deed to Elvira Welch [smear]. Lee R. Taylor then commenced and wrote a deed from John Welch to Elvira Welch for 320 acres of land, dated the 5th of Oct. 1846 and after said deed was written I saw Lee R. Taylor read the same to the said John Welch and he approved and signed the same and Lee R. Taylor and myself attested the same. After he signed and acknowledged the deed, Elvira Welch came in the house where we were and the said John Welch handed the deed to Elvira and said here is a plantation I give you and if you tell it I take it from you. She held the deed a short time and I said to her to give it to me and I would take care of it for her and she handed it to me. We then went to dinner.

After dinner we went in the room where the said John Welch was and Lee R. Taylor commenced writing the deed from John Welch to Jessee Welch, containing about 283 acres, more or less. When Lee R. Taylor came to setting out the land he was at about where the courses of the Home Tract or the beginning corner was and the said John Welch remarked that there was a plat of the home tract and we was looking for it and he directed me to look in a table drawer and I did so and found it and give it to him. He then pointed to the beginning corner with his finger and directed him to commence there. He then wrote according to the plat of the home place and then directed him to embrace one other tract of 100 acres, also one of 33 acres. After Taylor had finished the deed and postscript [?], he read them over to him. He took the deed and looked over it and then signed and acknowledged the same and Lee R. Taylor and myself attested the same. I believe him [John Welch] to have been of perfectly sound mind and disposing memory at the time he executed the Wills and deeds above mentioned.

Quest. Are you acquainted with Jessee Welch? If so, please state what kind of a man he is, whether he is dissipated or not.

Ans. I am. I have seen him drunk twice. I think he is good to work.

I think the property named in the deeds is worth as much or more than the balance of the estate.

/s/ George Welch

DEPOSITION: ELIZABETH WELCH.

About 63 years of age.

. . . [my] husband George Welch . . .

Quest. Can you recollect the date of the old man's [John Welch's] death?

Ans. He died on the 9th day of Oct. 1846.

Quest. Is the old lady, his wife, still living?

Ans. Yes.

She lives at the place where John Welch lived at the time of his death.

Elizabeth Welch (her mark)

DEPOSITION: POLLEY WELCH.

About 72 years of age.

Quest. Please state whether you were acquainted with John Welch, deceased.

Ans. I was, nearly fifty years and he was my husband.

Quest. Did you hear the old man [John Welch] say that he wanted his brother George . . .

Polly Welch (her mark)

DEPOSITION: NEOMY HUDDLESTON.

About 38 years of age.

Neomy Huddleston (her mark)

DEPOSITION: LEE R. TAYLOR.

42 years of age.

I was called upon by George Welch to do some writing for his brother, John Welch, on the evening before he died . . .

. . . he [John Welch] observed to me that he had two orphan children that he wanted to make some provision for . . .

/s/ Lee R. Taylor

DEPOSITION: JOSEPH PEARSON.

39 years of age.

/s/ Joseph Pearson

DEPOSITION: JOHN B. POINTER.

45 years of age.

I think I was there [at the home of John Welch] about fifteen times as his physician . . .

/s/ John B. Pointer

DEPOSITION: DAVID F. HUDDLESTON.

27 years of age.

David F. Huddleston (his mark)

DEPOSITION: I. J. N. LOLLAR.

26 years of age.

Quest. What relation are you to Jesse Welch?

Ans. I am not in no shape, manner or form.

Quest. Is not your wife and Jesse Welch relation?

Ans. I suppose them to be cousins.

Quest. Have not you always understood that your grandfather and Jesse Welch's grandfather, that is, John Welch, were cousins?

Ans. I have heard such talk, but as to the fact I do not know.

/s/ I. J. N. Lollar

DEPOSITION: HUGH G. HUDDLESTON.

42 years of age.

Hugh G. Huddleston (his mark)

DEPOSITION: HENRY WILLIAMS.

21 years of age.

Henry Williams (his mark)

DEPOSITION: JOHN L. HUDDLESTON.

36 years of age.

/s/ J. L. Huddleston

Depositions taken: 12 Jan. 1848.

DEPOSITION: JOHN A. BRADFORD.

About 51 years of age.

I saw Mrs. [Margaret A.] Queen at John Watson's and in conversation with her she asked me how the law suit was going and I asked what law suit and she replied that John Welch's heirs and her brother George Welch were going to law about the estate left by her brother John . . .

/s/ John A. Bradford

DEPOSITION: POLLEY WELCH.

About 73 years of age.

Quest. State if Jessee and Elvira are the grandchildren of John Welch, deceased.

Ans. Yes, they are his grandchildren.

Quest. Were there several other grandchildren?

Ans. Yes there is.

But two, Jessee and Elvira, was orphans and not under protection of a father at the time of his [John Welch's] death.

Quest. What age was Jessee when John Welch took him in his house to raise him and how long did he keep him?

Ans. He was 14 days old when he took him. And he lived with him until he married and then one year after and at the end of the year after he married he let him go on one of his places and just the [year?] he, John Welch, died he took him in the house to live with him again but he, Jessee, had not moved his plunder to the house of John Welch until after his death but Jessee and his family came to live in the house with him before his death at the request of him, John Welch.

Quest. Please state whether Jessee and Elvira Welch are not illegitimate children or not.

Ans. Yes they are.

Quest. Please state who is said to be the father of Elivira.

Ans. Levi L. Murphee is said to be her father.

Quest. Please state whether or not part of the grandchildren of John Welch, to wit, Anna Choate's children, if they was not very poor and had no mother to take care of them.

Ans. Anna Choate is dead and her children has no mother to take care of them and they are also poor, but their father is living.

Quest. Please state whether Elvira is not most a woman gone and the balance of Anna Choate's children are small children or not.

Ans. Elvira is most grown and the balance of the children [of Anna Choate] are all small and not able to make a living for themselves except one which would leave four small children.

Quest. Please state whether Elvira has not gone to live with Levi L. Murphee or not, and whether or not he is able to take care of her.

Ans. Yes, she has gone there to live but as to his circumstances I cannot say.

Thomas Choate raised Elivira until she was able to have got her living by her work and she remained at Choate's some time after the death of her mother.

Polly Welch (her mark)

DEPOSITION: JOHN B. POINTER.

About 45 years of age.

/s/ John b. Pointer

DEPOSITION: SAMUEL WELCH.

About 45 years of age.

Much of this is very hard to read, but apparently his father had already given him some land some years back, as well as, possibly, some money -bp.

. . . my brother James . . .

. . . [my] uncle Geo. Welch . . .

There is some mention of an Isaac Welch, but I cannot determine the relationship. This Isaac is elsewhere as a letter was written to him. -bp.

. . . John Welch and John Barnes, his son-in-law . . .

. . . John Welch complained of William Stone, his son-in-law . . .

/s/ Samuel Welch

Depositions taken: 4 Jan. 1848.

DEPOSITION: BENJAMIN MC KEE.

Benjamin McKie (his mark)

DEPOSITION: MARY ANN WELCH.

About 50 years of age.

. . . I was noticing my brother John [Welch] . . .

Mary Ann Welch (her mark)

DEPOSITION: MARGARET QUEEN.

About 47 years of age.

Margaret Queen (her mark)

DEPOSITION: JANE STONE.

About 42 years of age.

I am the daughter of John Welch and wife of William Stone.

Quest. Are you the mother of defendant Jesse Welch?

Ans. Yes, I pass for it.

THE BILL OF COMPLAINT of John Barnes and Margaret his wife, James Terry and Martha, William Stone and his wife Jane, James Shoat [Choat], Austin and John Shoat [Choat], Mary and Rachel Shoat [Choat], infants by Thomas Shoat [Choat] their guardian against Jesse Welch and Alvira Welch, infants, by George Welch, the two former of Jackson Co. and the latter of the County of White, all of Tennessee.

. . . John Welch lately departed this life in the County of Jackson . . .

NUNCUPATIVE WILL OF JOHN WELCH.

Filed 27 Jan. 1847.

Several of his children say that they heard John Welch say, on his death bed, that he wanted his wife to be well supported and the remainder of his estate to be divided equally among his heirs. -bp.

 

. . . John Barnes and James Terry, his sons-in-law, and Samuel Welch his son.

Depositions taken: 12 Jan. 1848.

DEPOSITION: HENRY BOHANAN.

I heard him [John Welch] say that if Jesse Welch married Cinda Huddleston that he should not have any portion whatever, no nothing, off of the place.

Quest. If Jessee Welch married the girl you spoke of or not, please state it.

Ans. It is my understanding that they were married and they are now living together as man and wife at this time.

I have been living there [with John Barnes] off and on for six or seven years or more.

[John Barnes] is my uncle.

Henry Bohanan (his mark)

DEPOSITION: AUSTIN CHOAT.

About 32 years of age.

In conversation with John Welch I have heard him say that he allowed Lewis Huddleston was urging Jessee Welch up to marry thinking that he would give him the land and then he would fool Jessee out of it, but if he married the girl he never should have nothing off of the place.

Quest. How long since Jesse married Cinda?

Ans. I do not recollect, but it has been between three and five years.

Quest. State if John Welch was your wife's grandfather and whose daughter she was.

Ans. It is my understanding that John Welch is her grandfather and she is the daughter of John Barnes.

/s/ Austin Choate

THE ANSWER OF LEVI L. MURPHEE, to the Bill of complaint.

23 Feb. 1847, Overton Co. TN.

Levi L. Murphee is the guardian of Alvira Welch and Jessee Welch.

/s/ Levi L. Murphee


NEW: BARNES, J. C. VS. DENNIS J. H. ET. AL.
CHANCERY, 1901.

THE BILL OF COMPLAINT of J. C. Barnes of Putnam Co. TN against J. H. Dennis, Josie B. Young and her husband J. L. Young and Levy Heady, all of Jackson Co. TN.

The complainant will respectfully show to the Court that he is the owner, during the term of the natural life of J. W. Cason, in the following described tract or parcel of land, lying and being in Jackson Co. TN and in the 8th Civil District of said county and bounded as follows, to wit:

1st tract: North by the lands of James Cherry, South by the lands of A. D. Hall, West by the lands of George Ray and East by the lands of A. D. Hall.

2nd tract: North by the lands of L. S. Anderson, or his father's old place, South by the lands of Shep Bybee, East by the lands of Wash Bybee and West by the lands of Nathan Bybee.

3rd tract: being the five acre tract on which J. W. Cason lived in the year 1889, adjoining the tract herein first described.

Complainant stated and charges that on the [blank] day of Oct. 1889 J. W. Cason and his wife Victoria Cason were the owners in fee simple and absolute of the aforesaid described tracts of land, and on the same day, the [blank] day of Oct. 1889, mortgaged the same to Z. M. Young, for the purpose of securing an indebtedness the said Cason had incurred, for rents to Dr. Z. M. Young.

Deposition taken: no date.

DEPOSITION: M. J. DIXON.

/s/ M. J. Dixon

Deposition taken: no date.

DEPOSITION: J. C. BARNES.

38 years of age.

/s/ J. C. Barnes

Depositions taken: 28 Aug. 1901.

DEPOSITION: J. W. CASON.

Had a retail business selling whiskey. Evidently partnered with M. J. Dixon for a while. -bp.

/s/ J. W. Cason

DEPOSITION: J. H. DENNIS.

/s/ J. H. Denis


NEW: BARNES, M. C. VS. BARNES, HICKMAN.
CHANCERY, 1904.

THE BILL OF COMPLAINT OF M. C. BARNES VS. HICKMAN BARNES, both of Jackson Co. TN.

. . . she and the defendant were married in Putnam County TN in March, 1887.

She and the defendant have as the issue of their said marriage, five children . . . the eldest a boy named Herbert, age 15 years old in June next, Ervin a boy age 11 years old, Zula a girl age 8 years old, Lula a girl 5 years old, Nellie a girl 4 years old.

Complainant and defendant lived together as husband and wife until this morning, when on account of his cruel and inhuman conduct towards her . . . she was forced to withdraw from him.

Summary: He has, for the past three months, been making accusations and slanderous statements about the neighborhood, including accusing her of adultery with Jasper Buck. He has also been threatening and abusive. He has failed to support her and her children. -bp.

Complainant charges that she inherited about $130.00 from her mother's estate and that she bought a tract of land with $85.00 of her said money, and that on Dec. 7, 1903 she and her said husband sold said land to her brother, J. P. Barnes [this seems like it should be his brother, but it says her brother -bp.] and he executed his two promissory notes for $42.50 each . . .

Asks for divorce, custody of children, and all property. -bp.


NEW: BARNES, WILLIAM ET. AL. VS MANSELL, WILLIAM. [This file is titled this way, but the case actually seems to be Mansell, William vs. Barnes, William et. al. -bp]
CHANCERY, 1846.

Depositions taken: 24 Jan. 1848.

DEPOSITION: WILLIAM CARR.

[William Mansell] moved . . . to South Carolina.

He went off in 1842 and came back in Oct. 1845.

Quest. State what kin you are to complainant Mansell.

Ans. His father in law.

/s/ William Carr

DEPOSITION: STEVEN D. BURTON.

Aged 34 years.

/s/ S. D. Burton

DEPOSITION: HARDEN BROWN.

Aged 25 years.

Quest. State what kin Samuel Mansell is to William Mansell.

Ans. They are brothers.

Quest. State what kin Martin B. and Burrel Mansell is to William Mansell.

Ans. William Mansell is their uncle.

Quest. State what kin Michael Moore is to William H. Barnes.

Ans. William H. Barnes is his uncle by marriage.

DEPOSITION: WILLIAM M. C. BROWN.

Aged about 36 years.

I have been acquainted with Wm. Mansel about 17 or 18 years.

He has always lived in the lower end of this county until he started to South Carolina.

/s/ William M. C. Brown

DEPOSITION: JAMES M. C. BROWN.

Aged 34 years.

[Complainant Mansell] has lived in the lower end of Jackson County for 15 or 20 years.

/s/ James M. C. Brown

DEPOSITION: JOHN LEE.

Samuel and David Mansel is brothers to William Mansel and Martin B. Mansel and Burrel are nephews to William Mansel.

/s/ John Lee

DEED.

3 Jan. 1843.

I, Samuel Mansel . . . sold . . . to William H. Barnes . . . a tract of land in the State of Tennessee, Putnam County, District No. 3, containing by estimate 130 acres . . .

/s/ Samuel Mansel

Depositions taken: 3 Jan. 1848.

DEPOSITION: HENRY BOHANAN.

/s/ Henry Bohanan

DEPOSITION: MICHAEL MOORE.

About 15 years of age.

It was at my mother's, Polly Moore's . . .

/s/ Michael Moore

DEPOSITION: J. L. H. HUDDLESTON.

About 36 years of age.

/s/ J. L. H. Huddleston

DEPOSITION: WILLIAM NORRIS.

About 30 years of age.

William Norris (his mark)

DEPOSITION: JAMES BROCK.

About 36 years of age.

James Brock (his mark)

DEPOSITION: JOHN B. POINTER.

About 45 years of age.

/s/ John B. Pointer

DEPOSITION: JOHN WEST.

About 47 years of age.

/s/ John West

Depositions taken: 16 March 1848.

DEPOSITION: MICHAEL MOORE.

About 15 years of age.

Defendant Barnes is my uncle by marriage.

/s/ Michael Moore

DEPOSITION: JAMES BROCK.

About 36 years of age.

/s/ James Brock

DEPOSITION: WILLIAM NORRIS.

About 33 years of age.

/s/ William Norris

DEPOSITION: J. L. H. HUDDLESTON.

About 37 years of age.

/s/ J. L. H. Huddleston

DEPOSITION: HENRY BOHANAN.

About 24 years of age.

Henry Bohanan (his mark)

End of Roll.

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