Jackson Co., TN Loose District/Chancery Court Papers
Reel #48, Barnett - Berry, G.
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: BARNETT, J. F., ADMR. VS. HALL, CICERO AND OTHERS.
CHANCERY, 1882, 1885.

MARY L. NEAL VS. J. F. BARNETT, ADMR.

Depositions taken: 2 May 1884.

DEPOSITION: ROENA STEAKLEY.

Aged 25 years.

Quest. What kin are you to Mary Niel [Neal]?

Ans. Sisters.

Quest. Where did Mat King then live at?

Ans. Where he lived where he got killed . . .

I lived at Puncheon Camp about three months, then at W. Steakley's about three months, then to Martin's Creek three months, then to Franklin KY six months, then in the house with Mary Niel [Mary Neal] up to this time.

/s/ R. E. Steakley

DEPOSITION: CAROLINE JULIAN.

Aged 22 years.

. . . Mat was killed the next March.

Quest. Did Mary [Neal] have her children at Mats, if so, how many.

Ans. Yes, Sir. She had three then.

Quest. Did Mary have a child while she was living with Mat or shortly after his death?

Ans. She had one shortly after his death.

Quest. Who is the father of Mary's three children according to what is said in the neighborhood?

Ans. Mat King is said to be the father of the two youngest.

Quest. Have you ever been married?

Ans. No, Sir.

Quest. Have you ever had a child or any children?

Ans. I have one child.

Quest. When you heard the conversation was it before or after Mary had quit staying at her father's, what year and month?

Ans. It was after Mary quit staying at her father's and was in the year of July 1882.

I have heard Mary admit that the child was Mat's, never heard Matt.

/s/ Caroline Julian

DEPOSITION: SARAH LANE.

Aged 38 years.

The reputation is that Mat was not the father of Mary's oldest child or next.

/s/ Sarah Lane

MARY L. NEAL VS. J. F. BARNETT, ADMR. OF J. M. KING, ET. AL.

Depositions taken: no date.

DEPOSITION: A. H. MAWAR [?].

I knew Matt King. In 1880 I rented his land.

DEPOSITION: MARY NEAL.

DEPOSITION: J. H. L. BROWN.

Mary Neal lived at his [Matt King's] house about a year before his death.

DEPOSITION: G. R. MADDUX.

I was Sheriff of Jackson County from Sept. 1880 to Sept. 1882.

. . . J. M. King, commonly called Matt King . . .

DEPOSITION: HAUS BREWINGTON.

King was working this mule and others at my house at the time he was killed. He was hauling logs and in loading a log was killed by the log rolling over him.

DEPOSITION: AMON MANEAR.

DEPOSITION: J. D. RICHMOND.

I am one of his [Matt King's] distributees . . .

DEPOSITION: J. F. BARNETT.

I am . . . administrator of J. M. King's estate.

DEPOSITION: GEO. W. SMITH.

OUTCOME: Mary Neal was claiming that Matt King had given her a mule. In this case, she prevailed, and Barnett appealed to the TN Supreme Court. -bp.

AFFIDAVIT OF MARY NEAL.

20 May 1885.

She says she was unable to attend Court because of Rheumatism which prevented her from riding horseback to Gainesboro.

COMPROMISE.

8 Aug. 1886.

Mary L. Neal will dismiss all of her suits and agrees to pay some costs. J. F. Barnett agrees to pay Mary L. Neal $100 and some costs.

Depositions taken: 18 Dec. 1884.

DEPOSITION: R. STEAKLEY.

J. M. King came down to our house and asked Mary what she was going to do and Mary said she didn't know what she was going to do; then Mat told her he would give her 25 cents a day to cook and wash and mend and attend to his stock and affairs and that he would board her and her children and all outside of doing his work should be hers.

Quest. What are the names of those children?

Ans. Francis Marion, Jimy and Hader [?] was her three. Milton and Alty [?] my two.

He is eight or nine years old, the oldest of her children. Mine is seven in February.

Quest. Was you married at the time Mary went to Mat King's? If so, how long?

Ans. Yes, Sir, I was married and had been five or six years.

Quest. Mary was at the time she went to Mat King's a single woman, was she not?

Ans. If she had ever been married I never knew it.

Quest. How many children did she then have?

Ans. She had three.

Quest. How old was the youngest then?

Ans. I think it about two months old.

I am 28 years old in Aug. last.

Quest. Mary is your sister, is she not?

Ans. I recon she is. Daddy and Mamy say she is.

R. Steakley (her mark)

DEPOSITION: SARAH LANE.

Sarah Lane (her mark)

THE PETITION of J. F. Barnett and his wife Susan Barnett, J. D. Richmond and his wife Ella Richmond, H. H. Neal and his wife Casandra Neal, citizens of Jackson County TN, H. C. Jenkins and his wife Laura Jenkins, citizens of Rutherford Co. TN., L. F. Elrod and his wife Jane Elrod, citizens of Putnam Co. TN and Ira W. King, Jr., a citizen of the State of KY, complainants

against

James King, a citizen of Wilson Co. TN, Theo Hall of Wayne Co. TN, N. M. Dickens of Jackson Co. TN, Benton Hall and Wallace Hall, defendants, citizens of Jackson Co.

No date.

. . . J. M. King died on the 15th day of March 1883 in Jackson Co. TN intestate and without issue.

. . . J. M. King, deceased, was the owner of the following described tracts or parcels of land, lying in the County aforesaid, on the waters of Martin's Creek in Civil District No. 7 of Jackson Co. TN, bounded . . . containing 50 acres more or less, Granted to Thomas Johnson by the State of Tennessee No. 3293, Beginning . . .north boundary line of James Tayor's 640 acre tract . . . Also one other tract containing 25 acres more or less Granted by the State of Tennessee to Thomas Johnson, No. 3294, Beginning . . . bank of Little Puncheon Camp . . . also one other tract containing 144 acres more or less beginning on Wm. [?] Fuqua's North boundary line . . . reference is here made to deed on file in the Chancery Clerk's office in the case of J. C. Apple, Admr. vs. Ira W. King, Jr. and others. Said land is known as the Pippin tract of land and the same purchased by J. M. King at the Master's Sale in the above entitled case, one other tract of land purchased by J. M. King from J. C. Apple, Admr. . . containing about 50 acres.

Susan King intermarried with J. F. Barnett and Ella King intermarried with J. D. Richmond, Laura King intermarried with H. C. Jenkins, Casander King intermarried with H. H. Neal, Jane King intermarried with L. F. Elrod, Ira W. King, James King and Ann King are the brothers and sisters of J. M. King, deceased. Theo Hall, Benton Hall, Wallace Hall are the descendants of Ann King who intermarried with Cicero Hall, who is now dead.

Deposition taken: 18 Aug. 1883.

DEPOSITION: J. L. ODUM.

/s/ J. L. Odom

Deposition taken: no date.

DEPOSITION: H. H. WILLIAMS.

/s/ H. H. Williams

NANCY D. HALL VS. CICERY HALL.

Deposition taken: 6 June 1896 at Wood Co. Texas.

DEPOSITION: L. C. HALL.

My age is 26 years. My house is Dallas Texas. I am traveling auditor for the Singer Mfg. Co.

I am the son of the plaintiff and a brother to the defendant.

Cicero Hall was to pay off all the indebtedness on the land and was to keep the taxes paid up in full until the death of my mother. Then the land was to be turned over to him.

/s/ L. C. Hall

PURCHASERS at the Sale of the personal estate of J. M. King on 2 April 1883.

THE BILL OF COMPLAINT of J. F. Barnett, Admr. of the estate of J. M. King, deceased, against Cicero Hall of parts unknown, Nancy D. Hall, L. C. Hall, Benton Hall and Wallace Hall of Jackson Co. TN and Theo Hall of Davidson Co. TN.

27 July 1885.

. . . defendant Cicero Hall loaned to his mother and father, defendants Nancy D. and L. C. Hall . . .

. . . Cicero Hall as guardian of his minor children, defendants Theo Hall, Benton and Wallace Hall . . .

Your orator shows that said Cicero was raised and formerly lived in this county and married a daughter of Thos. W. King, deceased, late of this County and she was the mother of said children and died before she received her share of her father's estate.

Your orator states that defendant Cicero is as he represents himself a traveling agent or drummer for some business house in St. Louis MO and has no residence or abiding place in this State.

Somewhere in this folder I saw one reference to J. M. King as John M. King. I'm sorry that I didn't transcribe it, but it does exist. -bp.


NEW: BARNETT, MARY S. VS. BARNETT, DILLARD.
CIRCUIT, 1885.

THE BILL OF COMPLAINT OF MARY S. BARNETT AGAINST DILLARD BARNETT and Parmer Spivy, all of Jackson Co. TN.

28 Sept. 1885.

. . . she and Dillard Barnett intermarried in Jackson Co. TN in the year 1862 and lived together until the 27th day of Sept. 1885, when the defendant Dillard Barnett left their home in Jackson Co., saying he was going down on Martin's Creek . . . in a short time before he left the defendant Barnett was guilty of such cruel and inhuman treatment and conduct towards your oratrix as to render it unsafe and improper for her to cohabit with him . . . threatened to kill your oratrix . . . on the 26th day of Sept. 1885 defendant Dillard Barnett was guilty of adultery with one Elisabeth Chaffin alias Elisabeth Barnett . . .

Your oratrix states to your Hon. that she is now living with her three minor children, the issue of said marriage, named as follows--Lithia E, Armilda and Sallie K. Barnett . . .

They have crops on the land of Parmer Spivy, and he has a lien on half of them for rent. She asks for divorce and custody of the children. -bp.

Mary S. Barnett (her mark)


NEW: BARRETT, G. T. VS. LEE, KITTY ET. ALS.
CHANCERY, 1891.

SALE OF LAND.

. . . the land mentioned and described in the pleadings . . . was struck off to John Windird [?] Blakely and Sallie Blackely, his wife one half interest and R. V. Brooks the other half interest, they being the highest and best bidders at the price of $800.00 . . .

THE BILL OF COMPLAINT of G. T. Barrett, a citizen of Jackson Co. TN against Kitty Lee, John W. Blakely and wife Sally Blakely, citizens of Jackson Co. TN, Jessee Barrett, a citizen of Overton Co. TN, & Sim Barrett, Nathanial Dixon and wife Amanda Dixon who reside in the State of Illinois.

3 June 1891.

Mary Lottery departed this life intestate on or about Feb. 23, 1891 without issue, leaving complainant and defendants her only heirs at law and entitled to share in her estate being her brothers and sisters, all of whom are of the whole blood except husbands of married women and Sally Blakely, who is a half sister of said intestate . . . and John W. Blakely is her husband.

. . . intestate died seized and possessed and owner in fee simple of the following described tract of land, to wit: lying and being in the State of TN and County of Jackson in District No. 14 containing by estimate 80 acres more or less and bounded as follows, to wit: Beginning on the bank of Cumberland River . . . Wm. Woodfine's lower corner of his 600 acre tract . . . crossing the mouth of Fun's [?] branch . . . top of the ridge dividing Fun's [?] branch and Quarles' branch . . .

. . . said land is the property of said Mary Lottery by virtue of a deed given to her in the year 1883 by her husband for a valuable consideration . . .

Depositions taken: 11 Sept. 1891.

DEPOSITION: F. A. CORNWELL.

There are seven heirs.

[I live] about three miles [from said land of Mary Lottery].

/s/ F. A. Cornwell

DEPOSITION: H. P. HARRIS.

/s/ H. P. Harris

AFFIDAVIT.

1 Feb. 1892.

. . . M. J. Dixon who makes oath in due form of law that since the adjournment of the Sept term 1891 of the Chancery Court of Jackson Co. TN, one of the defendants, to wit, Jessee Barrett, has died testate leaving one Julia Ann Barrett his widow and relict . . .Said Barrett has left no heirs at law except said Julia Ann Barrett.

Depositions taken: 23 March 1892.

DEPOSITION: NATHAN M. COX.

I am [a practicing Atty.] and have been such about twenty years.

/s/ Nathan M. Cox

DEPOSITION: M. G. BUTLER.

I am a practicing solicitor of this Court and have been for near twenty years.

/s/ M. G. Butler

NEW: BARTLETT, MILLY VS. GAW, AMBROSE.

CIRCUIT, 1873.

This case is about a horse trade. -bp.

Depositions taken: 11 Nov. 1873.

DEPOSITION: E. J. GREEN.

33 years old.

/s/ E. J. Green

DEPOSITION: NATHAN JUDD.

Aged 18 years.

. . . at granddaddy Bartlett's.

Quest. Did or did not Mr. Bartlet make the swap for his daughter Milly?

Ans. He did.

I am second cousin to Miss Bartlet. [Milly].

Quest. Are you not very anxious that your cousin, Milly Bartlet, should gain this lawsuit?

Ans. Yes, Sir.

Nathaniel Judd (his mark)

DEPOSITION: JOSEPH W. BARTLET [BARTLETT].

Aged 16 years.

[Miss Milly Bartlett] is my aunt.

Joseph W. Bartlet (his mark)

DEPOSITION: MARIAH BARTLET [BARTLETT].

Aged 65 years.

. . . my daughter, the plaintiff . . .

Mariah Bartlet (her mark)


NEW: BAYES, JAMES ET. ALS. VS. HOLMAN, MARTHA, ET ALS.
CHANCERY, 1862.

SUMMARY: In 1861 Martha Holman filed a Bill for Divorce against her husband Hall Holman. On 4 Jan. 1859 Hall Holman had been appointed guardian to Thomas Mayfield, William Mayfield and Nancy Mayfield. He was indebted to his wards and his securities were worried that his wife would be awarded all of his property, including a negro woman named Patty. By 28 June 1862 the Holman's had reconciled. -bp.


NEW: BEACHBOARD, ALICE VS. BEACHBOARD, WASH.
CHANCERY, 1911.

ANSWER OF DEFENDANT.

Filed 19 Oct. 1917.

Denies most allegations.

Says he has tried to get along with the complainant but she has filed several divorce bills against him and cost him a great deal of money and he doesn't desire to live with her any longer on account of the annoyance and expense of being kept in Court and hindered from making himself a living, that he is getting old and time he was laying up something to take care of himself while old and not able to make money. -bp.

THE PETITON OF ALLICE BEACHBOARD AGAINST WASH BEACHBOARD, both of Jackson Co. TN.

29 Oct. 1907.

. . . she and the defendant were married in Jackson Co. on or about [blank] 188 [blank] and lived together till about 2 1/2 years ago when he was tried and convicted in this county for voluntary manslaughter and sentenced to imprisonment in the State's prison for a term of two years and he completed his term in prison and has returned home and since he returned he has been guilty of such cruel and inhuman treatment and conduct . . .

[He is the owner of] the following Real estate, to wit, lying in the 8th Civil District of Jackson Co. TN, being the land purchased of J. B. Anderson and bound as follows: on the North by Anderson, on the East by Anderson, on the West by Clay or Nancy Rich and on the South by Anderson, it being the place where we now live and have been living ever since we were married.

She is fearful he will do her and the children bodily harm. Asks for divorce and alimony. -bp.

Deposition taken: no date.

DEPOSITION: MARY BARNES.

[I am a] daughter of Wash Beachboard.

/s/ Mary Barnes

THE BILL OF COMPLAINT OF ALICE BEACHBOARD AGAINST WASH BEACHBOARD, both of Jackson Co. TN.

8 March 1910

. . . she and the defendant were married in Jackson Co. TN something near thirty years ago . . .

She alleges cruel, abusive and threatening treatment. -bp.

. . . have five children at home who are minors [not named].

Asks for divorce, custody of children and maintenance and support. -bp.

She also filed a similar Bill on 22 Feb. 1911. -bp.


NEW: BEALL, JOE M. VS. WILLIAMS, GEO.
CIRCUIT, 1890.

Depositions taken: 27 Dec. 1890 at Russellville KY.

DEPOSITION: JOE M. BEALL.

59 years old. Resides in Russellville KY. Occupation farmer and am the complainant in this action.

The defendant George Williams owes him a note for $62.00 plus interest , executed 2 Jan. 1888. The defendant lived on complainant's farm in Logan Co. KY during the year 1888. Beall claims a note and receipt presented are forgeries. -bp.

/s/ Joe M. Beall

DEPOSITION: JOHN WALLACE.

55 years old, live in Logan Co. KY and farmer by occupation.

/s/ J. D. Wallace

DEPOSITION: JAMES MILTON.

45 years old, live in Logan Co. KY and a farmer by occupation.

James Milton (his mark)

DEPOSTION: C. W. COURTS.

I am 40 years old and residence Russellville KY, occupation cashier at the Bank of Russellville . . .

/s/ C. W. Courts

DEPOSITION: JOHN P. LONG.

Residence Russellville KY, occupation cashier of the [unreadable] Bank of Russellville.

/s/ Jno. P. Long

DEPOSITION: JOHN G. ORNDORFF.

[Residence] in Russellville KY and am Clerk of the Logan Co. Court . . .

/s/ Jno. G. Orndorff


NEW: ALBERT BEAN VS. JOSEPH BEAN & JOHN CLINTON.
CHANCERY, 1898.

NOTE: There are several different cases included in this folder that impinge on the above case. Anyone researching this family should get this film and read it in it's entirety, because there is a lot of interesting material about the family dynamics that I have not extracted to post on the internet. -bp.

THE BILL OF COMPLAINT OF D. W. HAWES, A CITIZEN OF GAINESBORO, JACKSON CO. TN AGAINST MARRY HARRIS & NANCY PAUL, CITIZENS OF JACKSON CO. TN & GEO. H. MORGAN OF GAINESBORO, ASSIGNEE IN BANKRUPTCY OF WILLIE NIGHT.

6 May 1869.

. . . Willie Night [Wiley Knight], a citizen of Jackson Co. TN became indebted to your orator in the sum of about $150 prior to the 5th day of Sept. 1866 . . .

. . . for many years preceding that time said Willie Night [Wiley Knight] was the owner of a valuable tract of land containing about 500 acres in Jackson Co. TN . . .

. . . on the 5th day of Sept. 1866 said Willie Night [Wiley Knight] conveyed said land, 520 acres, for no valuable consideration, to his daughters, Marry Harris and Nancy Paul . . .

. . . more than six months from said date the said Willie Night [Wiley Knight] has been declared a bankrupt on his own petition in the District Court of the U. S. and that Geo. H. Morgan is his assignee . . .

PETITION OF DEFENDANTS in the Case of Albert Bean et. al. vs. John Clinton et. al.

26 June 1900.

. . . the land in controversy after the death of Joseph Bean, under and by a deed made from Wiley Night [Knight] to Nancy M. Bean.

The defendants aver the facts to be that many years ago and many years before the deed from Wiley Night [Knight] to Nancy Bean, the said Wiley Night [Knight] executed and delivered to Mary Night [Knight] or Mary Harris a deed to the land in controversy in this cause and the same was used and occupied by Mary Night [Knight] from then up to the present by her heirs and the same was never conveyed by Mary Night [Knight] to the said Wiley Night [Knight], hence he had no title to said land to vest Nancy Bean with and her deed is null and void and a fraud upon the rights of Mary Night [Knight] or Mary Harris' heirs as her assignee.

NANCY PAUL VS. MOSES PAUL.

Dep. taken: 13 June 1868.

DEPOSITION: RUBEN WHITSON.

Aged about 40 years.

I understand that they [Moses and Nancy Paul] married in Jackson Co. They lived together, I know, as husband and wife, for some year or two. I think he has been living apart from his wife, the complainant, for about five or six years. After he had left complainant I saw Moses Paul with another woman, and they passed as husband and wife and they bedded together and that was about the latter part of the summer or fall 1866.

I do not think he left her [complainant] anything at all. They had one child.

/s/ Reuben Whitson

Deposition taken: 3 Aug. 1868.

DEPOSITION: JOHN HARRIS.

Aged 42 years.

Defendant has heretofore abandoned complainant and refused to provide for her. He left her about four years ago. I saw him after that time. He had been, as he said, to KY. He had another woman with him at that time and claimed her as his wife and said he was married to her.

John Harris (his mark)

THE PETITION OF NANCY M. PAUL of Jackson Co. TN against Moses Paul, of the State of KY.

Filed 9 Nov. 1867.

. . . about eight years ago she intermarried with defendant in the County of Jackson TN . . . after about two years . . . defendant . . . abandoned her.

Defendant has been guilty of divers acts of adultery . . .

Petitioner further shows your Honor that of said intermarriage was born a child named Samuel Harrison Paul. Petitioner further shows your Honor that her maiden name was Nancy M. Night [Knight] . . . been supported by her father, Wiley Night [Knight], with whom they still live.

Asks for divorce, restoration of her name to Nancy M. Night [Knight] and custody of the child.

THE BILL OF COMPLAINT of Albert Bean, J. W. Stafford and W. W. Draper against John Bean, Morgan Bean and Wiley Bean, all of Jackson Co. TN.

No date.

Complainants Albert Bean and defendants John, Morgan and Wiley Bean are the joint owners of the following described tract of land , to wit, lying and being in the 10th Civil District of Jackson Co. TN on the waters of Blackburn's fork of Roaring River . . . P. M. Wassom's northwest corner . . . around to Elijah Wassom's north boundary line . . . to Wm. Bean's west boundary line . . . to Jas. Night's [Knight's] south boundary line . . . to Wm. Sliger's west boundary line . . . to M. C. Garrison's line . . . John Clinton's south boundary line . . . James Stult's south boundary line . . . Lafayette Garrison's east boundary line . . . John L. Bean's east boundary line . . .Elijah Wassom's east boundary line . . . P. M. Wassom's north boundary line . . .

Each of the parties above named own one quarter undivided interest in said land subject however to an estate for and during the natural life of Joseph Bean therein and which will terminate at his death.

. . . [Albert Bean] charges that the three shares of his brother's, to wit, John, Morgan and Wiley Bean . . .

ALBERT BEAN ET. AL. VS. JOHN CLINTON, ET. AL.

Deposition taken: no date.

DEPOSITION: JOSEPH BEAN.

[Nancy M. Bean] is dead. She died in May 20, 1884. She was a wife of mine.

Quest. Give the names of her children who now survive her.

Ans. John Bean, Albert Bean, Morgan Bean and Wiley Bean.

Quest. When were you and Nancy M. Bean married?

Ans. In 1873.

Quest. How long after the date of the deed until Wiley Night [Knight] died?

Ans. It wasn't very long. He deeded it in Feb. 1884 and died 26 March following.

We had stayed there and waited on him [Wiley Knight]. He was old and helpless and had been for ten years.

Quest. Was he much or little trouble to look after and wait upon?

Ans. It was a heap of trouble.

Quest. How long did you and your wife stay with the old man and wait on and attend to him?

Ans. About six years.

He had to have help. His thigh was broke. He was down about ten years.

Quest. Give the ages of Nancy M. Bean's children at this time.

Ans. They were all small when their mother died. There is three of them of age now. I can't give their exact ages.

Quest. Were all these children born to you and your wife after your marriage to her?

Ans. Yes, Sir. These four spoken of in this deposition.

/s/ Joseph Bean

THE BILL OF COMPLAINT of Albert Bean who sues in his own individual right and as next friend of Morgan Bean and Wiley Bean, minors under the age of 21 years, citizens of Jackson Co. TN against Joseph Bean, John Bean, Mary Burgess, Dow Burgess, James Robinson, Florence Robinson, Belle Burgess, Lou Burgess, Della Burgess, Rutha Burgess, Effie Burgess, John Clinton, all of Jackson Co. TN [blank] Night [Knight] of the State of Missouri, heir of Wm. Night [Knight], deceased.

30 April 1898.

Your orators charge that upon the death of Nancy W. Bean the complainants and defendant John Bean became the owners of said lands subject to the life interest of Joseph Bean, the husband, who upon the death of his wife became tenant by courtesy absolute or consummate.

They charge that on the [blank] day of [blank] 1884 defendant Joseph Bean by a pretended Deed to Mary Night's [Knight's] heirs attempted to convey absolutely these lands and under and by virtue of said pretended, fraudulent and void Deed one John Harrison John Clinton pretended to take possession of said lands and held same until conveyance from Garrison to Hite Burgess about two years thereafter. The heirs of Hite Burgess have likewise pretended to hold same until the present time. The said John Clinton has held about ten acres of same ever since said conveyance and now holds same.

Your orator's charge that said conveyance from Joseph Bean was fraudulent, void and a nullity.

They charge that the purchasers under said void Deed are now claiming said lands absolutely in fee simple and are hauling off and destroying the valuable timber on said land.

Defendant Mary Burgess is the widow of Hite Burgess, deceased. Dow Burgess, Florence Robinson, Belle Burgess, Lee Burgess, Della Burgess, Rutha Burgess [&] Effie Burgess are the children of Hite Burgess and are minors under the age of 21 years without general guardian. James Robinson is the husband of defendant Florence Robinson. Defendant [blank] Night [Knight] of the State of Missouri is also a minor under 21 years without general guardian.

Complainant Albert Bean is now 21 years of age, will be 22 years of age on June 16, 1898. Complainant Morgan Bean was 20 years of age 12 of Jan. 1898. [Both of these years are clearly 1898 in the original document -bp.] Wiley Bean was 16 years of age on 17 Jany. last. They have no general guardian.

THE DEFENDANT'S Dow Burgess, Lou Burgess, Della Burgess, Ruth Burgess, Belle Burgess, Effie Burgess & Florence Robinson of the State of TN & [blank] Night [Knight], heir of William Night [Knight], a minor . . . resides in the State of Missouri, for JOINT ANSWER . . .

. . . they admit that on the 14 Mch. 1873, Nancy M. Bean intermarried with Joseph Bean . . .

They admit that on the [blank] April 1884 Nancy M. Bean died.

Deposition taken: no date.

DEPOSITION: JOSEPH BEAN.

Quest. Did you know Mary Night [Knight] or Mary Harris as she is called by some? Is she living or dead? When did she die?

Ans. Yes, I knew her. She is dead. To the best of my knowledge she died in 1874-5.

Quest. Give your reasons for knowing that she died about 1874 or 5.

Ans. The reason is that I was married in 1873 to Nancy M. Bean that summer to the best of my recollection. She ran away with another man. She, Mary Knight, ran away in the fall to the best of my recollection. She went in the fall and she came back in the fall. She didn't live very long after she came back, three or four months I reckon.

Quest. When did you and your wife move to Wiley Night's [Knight's] to live and how long did you live there prior to Wiley Night's [Knight's] death in March 1884?

Ans. We went there in 1877 or 8. I stayed with him until he died.

Quest. When did he die?

Ans. In 1884.

Quest. Was Mary Night [Knight] living when you and your wife moved there?

Ans. No, Sir.

Quest. Who claimed, used and controlled the land in controversy from the date of Mary Night's [Knight's] death up to the time the Deed was made by Wiley Night [Knight] to your wife Nancy M. Bean?

Ans. Wiley Night [Knight] himself.

Quest. Was Mary Night [Knight] or Mary Harris ever married, if so, is her husband living or dead?

Ans. She was married and he is dead.

Quest. When did her husband die?

Ans. He died about the close of the Civil War.

Quest. Did she or not live a single woman all the time after her husband's death until she died in 1874 or 5.

Ans. Yes, Sir.

Quest. Is it not a fact that the claim that Hite Burgess' heir's claims in said land came from purchase of Mary Night's [Knight's] heir's interest in said land?

Ans. That's my understanding.

Quest. Did not the interest John Clinton claims come from the same source?

Ans. Yes, Sir.

Quest. How much property did you own at the time you married Nancy Bean?

Ans. I had none.

Quest. You speak in your cross-examination that you and your wife signed the deed to Mary Night's [Knight's] heirs . . . Did your wife sign said deed willingly?

Ans. No, Sir, she didn't much want to sign it. I begged her about two weeks before she signed it.

Quest. Did or not others threaten her and you with a law suit unless she signed the deed?

Ans. Yes, Sir.

Quest. Are you the same Joe Bean that was in jail in this county once for abusing your wife?

Ans. Said to be the fellow.

Quest. After you was in jail for abusing your wife, how long was it before your wife died?

Ans. I don't remember.

Quest. How long did you stay in jail?

Ans. Twelve days as I recollect.

/s/ Joseph Bean

Depositions taken: 24 Feb. 1900.

DEPOSITION: G. W. BEAN.

My brother, Joseph Bean . . .

/s/ G. W. Bean

DEPOSITION: W. A. NIGHT [KNIGHT].

/s/ W. A. Night

DEPOSITION: LEROY DENNIS.

Quest. What relation are you to Complainant John Bean?

Ans. I am his father-in-law.

L. W. Dennis (his mark)

Depositions taken: no date.

DEPOSITION: SAM MATHENY.

/s/ M. S. Matheny

DEPOSITION: R. E. JOHNSON.

/s/ R. E. Johnson

DEPOSITION: HARRISON CLINTON.

Quest. Did you ever hear him [Wiley Knight] say anything about making a deed to Mary Night [Knight] to the lands in controversy? If so, please tell all you know about it.

Ans. Yes, I have heard him talk about it. He had made the girls and Jim a deed to it so he could take the bankrupt law. After the records at Gainesboro got burned he told the girls he wanted to see their deeds, that there was something in it he wanted to fix that was not fixed right. They went and got their deeds and he threw them on the fire and said that was the part that wasn't fixed right and burned them up. And he tried to get Jim's deed to do the same way, but he was too smart for him.

/s/ S. [?] H. Clinton

DEPOSITION: JOHN GARRISON.

/s/ J. T. Garrison

DEPOSITION: JOHN CLINTON.

/s/ J. A. Clinton

DEPOSITION: SID NIGHT [KNIGHT].

[Wiley Knight] was my grandfather.

/s/ S. S. Night

DEPOSITION: JOHN CLINTON.

Quest. How long was this [that the deed was made] before Wiley Night [Knight] died?

Ans. . . it might have been two weeks or more.

. . . Jim Night's [Knight's] widow, Polly Night [Knight] . . .

/s/ J. A. Clinton

Deposition taken: 2 March 1900.

DEPOSITION: J. M. MORGAN.

/s/ J. M. Morgan

DEED.

5 Sept. 1866.

I, Wiley Night [Knight], in consideration of the love and natural affection that I have for my two daughters Mary and Nancy have this day given, granted and do hereby transfer and convey unto my two daughters Mary Harris and Nancy Paul and their heirs forever a certain tract or parcel of land in the State of Tennessee, County of Jackson, District No. 10, containing 520 acres more or less . . .

One tract containing 300 acres by Survey bearing date the 1st day of March 1834 on the waters of Blackburn's fork of Roaring River . . . Moses McBride's north boundary line running north crossing one prong of said creek . . . north boundary line of John Bean's 100 acre tract . . . said Bean's northeast corner of his 20 acre tract . . . excluding out of the above boundary 100 acres that I have conveyed to the heirs of William Night [Knight].

One other tract containing 150 acres by Survey bearing date the 2 day of June 1836 . . . the northeast corner of the above named tract . . . with John Bean's north boundary line . . . near the Overton County Road . . .

Another tract of 170 acres . . . corner of Burket Kinnaird original tract . . . John Bean's north boundary line . . . a conditional line made [by] Aaron Bean and James Bean . . . Richey Bean's north boundary line . . . Moses McBride's east boundary line . . .

s/s Wilie Niet


NEW: BEAN, JOSEPH, GRDN. OF BEAN, MORGAN.
REPORT.
31 July 1903.

. . . the said Morgan Bean is of unsound mind and not capable of taking care of himself and property. He has been a idiot from his infancy and has no property in his own right. He is 25 years of age and has no wife or children.


NEW: BEAN, MORGAN ET. AL. VS. GARRISON, J. H.
CHANCERY, 1903.

FINAL DECREE.

10 Dec. 1903.

It is therefore ordered, adjudged and decreed by the Court that all of the right, title, claims and interest in and to the reversion or remainder in said tract of land as described in said report be directed out of the Complainants and Defendants and vested in the purchaser, J. H. Garrison, who upon [?] the falling in of the life estate of Joseph Bean will take the entire fee in said tract of land and the Clerk and Master is directed to make to said J. H. Garrison deed to said tract of land should he desire it upon the payment of the fees for same.

It is further ordered and adjudged by the Court that the parties will pay the Cost herein in the ratio of their interests in the subject matter of this litigation . . .

THE BILL OF COMPLAINT of Morgan Bean in his own proper person and by his Guardian Joseph Bean, who are citizens of Jackson Co. TN against John H. Garrison, who is a citizen of Jackson Co. TN.

No date.

. . . complainant Morgan Bean and John H. Garrison, the defendant, are seized and possessed in fee; and are tenants in common in the following described tract of land, lying in the 10 Civil District of Jackson Co. TN on the waters of Blackburn's fork of Roaring River . . . Polly Knight's northwest corner . . . Leroy Dennis's west boundary line . . . John H. Garrison's south boundary line . . . John Clinton's south boundary line . . . G. W. Pointer's south boundary line . . .

The defendant John H. Garrison owns absolutely 4/5 of the fee in said undivided tract of land and complainant Morgan Bean owns 1/5 of the fee in said tract of land and that this 1/5 undivided interest is encumbered with the life estate of Joseph Bean.

. . . complainant's ward is 25 years of age, is a non compus mentis and must be cared for and supported. The proceeds derivable from a sale of his interest in said tract of land being all he can look to for said purpose.

Depositions taken: Sept. 1903.

DEPOSITION: SIMEON PIPPIN.

I am about 70 years old. I live in the 10th District of Jackson Co.

I live in about 1 1/2 miles of it [the land in dispute.]

/s/ Simeon Pippin

DEPOSITION: JOHN H. CHAFFIN.

I am 58 years old. I live at Gainesboro and am County Court Clerk.

/s/ J. H. Chaffin


NEW: BEAN, NANCY M. VS. BEAN, JOSIAH [JOSEPH].
CHANCERY, 1875.

THE BILL OF COMPLAINT OF NANCY M. BEAN AGAINST JOSIAH [JOSEPH] BEAN, both of Jackson Co. TN.

18 June 1875.

. . . she and the defendant were intermarried in Jackson Co. TN on or about the [blank] day of [blank] 18 [blank], something more than two years ago. She states that shortly after their marriage the defendant became very abuseful to her and on several occasions slapped and whipped her and would threaten that if she told it he would kill her . . .

She further charges that on the 14th of June 1875, being last Monday morning, he knocked her down and threatened that if she done anything with him he would kill her. He also slapped over their child, a little boy hardly two years old . . .

. . . your complainant had him arrested on a Peace Warrant . . . he was committed to jail where he is now.

. . . they have but one child, a boy upwards of 12 months named John Whitley . . .

She asks for divorce.


NEW: BEASLEY, GLADYS ET. AL. VS. RAWLEY, D. A. & WIFE
COUNTY, 1898.

THE BILL OF COMPLAINT OF GLADDIE BEASLEY & PAUL YOUNG & TIMOTHY YOUNG who are minors and bring this Bill by their father [unreadable] B. Young against David A. Rawley and his wife Nancy or Missouri Rawley, all of Jackson Co. TN.

N. B. Young, the father of complainants Gladdy Beasley and Paul and Timothy Young and Eveline Young, nee Hare and the mother of said children, Gladdie Beasley, Paul and Timothy Young, were legally married in Jackson Co. TN on the 12 day of May 1872, and lived together as husband and wife until the 19 day of Sept. 1885 when said Eveline Young departed this life intestate in Jackson Co. TN, leaving the complainants Gladdie Beasley, who is now a feme Sole and Paul and Timothy Young her only surviving children and only heirs at [law].

Said Eveline Young, nee Hare, and the wife of said N. B. Young . . . was at the time of her death the owner in fee simple absolute, subject to an estate for life in said house and lots of her father and mother, A. Hare [&] Elizabeth Hare, and the following house and town lots, situated in the town of Gainesboro, Jackson Co. TN and bounded as follows, lying north of the Store House belonging to James A. Williams (or north of Grocery house occupied by J. B. Mansel and Zachariah Van Hoozer in 1868) . . . on the west by lots 3 and 4 now owned by John H. Denis and occupied by M. J. Dixon and formerly owned and occupied by Elizabeth Eaton and America Harris . . . east by the Public Square of Gainesboro TN and being the same property now occupied by David Rawley, the defendant, and fully described in a deed made by Michael Kirkpatrick on the 16 day of Dec. 1868 to Eveline Hare afterwards the wife of said N. B. Young . . .

. . . prior to the 16 day of Dec. 1868, A. Hare, who was the owner in fee of said house and lots was declared a bankrupt by the District Court of the U. S. for the Middle District of TN and said house and lots ordered to be sold . . . when Michael Kirkpatrick became the purchaser of said lots . . .

. . . said Evelyn Young nee Hare prior to her marriage with said N. B. Young and sometime in April or early part of May 1872, made executed and delivered her deed on conveyance . . . by which she transferred and conveyed to her father and mother, A. Hare and his wife Elizabeth Hare, said lots and house thereon for and during their natural lives for a home for them during their lives and said life estate in said lots or piece of real estate has terminated and ended by the death of both A. Hare and his wife Elizabeth, the latter, Elizabeth Hare, having died many years ago and said A. Hare having died on the [blank] day of Jan. 1897. . .

. . . since the date of surviving life tenant A. Hare in Jan. 1897, the defendants have been setting up claim or laying some fictitious claim to said lots and house . . . through some fictitious or fraudulent Will.

THE ANSWER OF DAVID A. RAWLEY AND WIFE NANCY S. RAWLEY to the Bill of Complaint of Gladie Beasley and others.

No date.

. . . title of complainant's set out in their Bill is illegal, null and void because their ancestor, Evelyn J. Hare, their mother, eccepted [accepted?] the deed under which complainant's claim for the purpose of defrauding the creditor's of A. Hare.

Respondents say they are the owners of the land as devisee of A. Hare, deceased . . .

At the end of this document, the following note is made. -bp.

After the filing of these pleadings, proof was taken on both sides and on Sept. [blank] 1898 a decree was rendered in your Honor's Court in favor of complainants . . .

Affirmed in the TN Supreme Court.

BILL FOR A NEW TRIAL.

The first page of this seems to be missing. It is a presentation of what the defendants believe is new evidence, which they think would have changed the outcome of the trial if it had been known.

21 March 1899.

. . . [Nancy S. Rawley] had heard that such a deed existed and she wanted to know whether or not it was in her father's [A. Hare's] possession.

. . . William York (who is a grandson of A. Hare) . . .

. . . Sallie Van Hooser, whose residence is Kirkmansville KY and who is a daughter of A. Hare, deceased . . .

. . . Sallie Van Hooser has been a resident of the State of Kentucky 12 or 14 years . . .

Complainants charge and state that A. Hare, died Jan. 1897, left surviving him your complainant Nancy S. Rawley, Sallie Van Hooser, as his only children and Gladys Beasley, Paul Young & Timothy Young the defendants and William York, Tom York, David York, Byrd Recten [?], and Elizabeth Loftis his grandchildren . . . and William York, Tom York, David York, Byrd Recton [?] and Elizabeth Loftis being the heirs at law of Matilda York, a daughter of A. Hare, who is now dead, and his wife Susanna Hare . . .

Depositions taken: No date.

DEPOSITION: NEWTON MORE [MOORE].

I live in Jackson Co. TN. My age is 72 years.

Mr. Achiles Hare owned it [said house and lot] when I first knew it.

/s/ Newton Moore.

DEPOSITION: NANCY S. RAWLEY.

A. Hare was my father and Evelyn Young was my sister.

/s/ Nancy S. Rawley

PROBATE.

. . . after the death of A. Hare, to wit, at the end of June term 1897 of this Court, the last Will and Testament of A. Hare, deceased, was probated by this Court and ordered to be and was recorded in due form of law, and Susan Hare, widow of A. Hare, deceased, was by the Court appointed, bonded and qualified as administrix . . .

Depositions taken: Sept. 1898.

DEPOSITION: WM. GORE.

74 years old and reside in Jackson Co. TN.

I have known said lot about 60 years. I think old David Cox occupied said lot when I first came to town a 14 year old boy. Next after Cox I think Achilles Hare and family lived there. Hare claimed it as his own. Cox was living there before I came to town to go to school.

[D. A. Rawley] is Hare's son-in-law.

/s/ Wm. Gore

DEPOSITION: WM YORK.

A. Hare was my grandfather and Mr. Rawley and Mrs. Rawley are my uncle and aunt.

I lived with him [A. Hare] three or four years.

Quest. How old are you?

Ans. Forty years old in next Nov.

/s/ Wm. York

DEPOSITION: MRS. M. A. C. WILLIAMS.

I live in the town of Gainesboro.

She [Eveline Young] and Mrs. Rawley and I talked together, after A. Hare married the last time and Ev said to Sis (that is Mrs. Rawley) now suppose I had made this lot back to Pop like I said I would, then that old heifer would have had it and we would have nothing in it.

. . . Pole Young's [N. B. Young's] children.

/s/ M. A. C. Williams

DEPOSITION: ANDY SCHIMMYHORN [SKIMMYHORN].

I am 45 years old and reside in the 1st District of Jackson Co. TN.

Andy Schimmyhorn (his mark)

Depositions taken: 8 & 9 Sept. 1898 at Cookville, TN.

DEPOSITION: GEO. H. MORGAN.

I reside at Cookeville, Putnam Co. TN. I am 57 years old and am a lawyer by occupation.

My recollection is that by some sort of trade made at the same time or soon thereafter Michael Kirkpatrick sold the corner lot to Evaline Hare, daughter of A. Hare, and executed to her a deed for same.

I knew Michael Kirkpatrick. He is dead.

. . . my brother J. M. Morgan . . .

/s/ Geo. H. Morgan

Deposition taken: 2 March 1898.

DEPOSITION: SUSAN HARE.

I knew A. Hare. He was my husband. He died Jan. 26, 1897.

Quest. How old was A. Hare at his death?

Ans. He was nearly 92 years old.

Quest. What was the condition of his mind for two or three years prior to his death?

Ans. Sometimes he seemed to be alright, while at other times his mind was not so good. After his arm was taken off, his mind was not good. I think it was caused by the medicine he had taken.

Quest. How long before his death was it that his arm was amputated?

Ans. It lacked from Jan. till March being three years.

/s/ Susan Hare

WILL.

5 Feb. 1883.

I, A. Hare . . . do hereby make and publish this my last Will and Testament.

I Will and bequeath to my beloved wife Susannah Hare the land whereon I now live during her life, said land is known as the Trap [?] place and is bounded as follows, East by the lands of William Davidson, and on the West, North and South by the lands of James Draper. Said tract of land is on the waters of Doe Creek in Civil District No. 1 . . . and contains about 100 acres. Also I bequeath to Susannah Hare another tract of land adjoining the same in what is known as the Mahala Jackson hollow, said lands joins the lands of Wade Skimmerhorn [Skimmyhorn?] , William Davidson and others and contains about 50 acres for and during her natural life.

Having given to my children a fair and just proportion of my property previous to making this Will, I now bequeath to Susannah Hare all other property of mine . . .

DEED.

16 Dec. 1868.

I, Michael Kirkpatrick of the County of Jackson and State of TN do hereby transfer and convey to Evaline Hare of said County and State and her heirs forever all that part of Town Lot No. 4 in the town of Gainesboro . . .

No consideration mentioned. -bp.

s/s Michael Kirkpatrick

Deposition taken: 14 Sept. 1898.

DEPOSITION: N. B. YOUNG.

I was a son-in-law to A. Hare and husband of Evaline Young, who was the youngest daughter of A. Hare.

. . .the death of my wife Evaline Young, nee Hare, which occurred on the 19th day of Sept. 1885. She had said deed in her possession when I married her, on the 12th of May, 1872 . . .

/s/ N. B. Young

Deposition taken: 13 & 15 Sept. 1898.

DEPOSITION: D. A. RAWLEY.

/s/ D. A. Rawley

Depositions taken: 11 & 12 Jan. 1900.

DEPOSITION: S. S. DUDNEY.

/s/ S. S. Dudney

DEPOSITION: W. A. RASH.

I have lived in Gainesboro TN 11 years.

/s/ W. A. Rash

DEPOSITION: M. G. BUTLER.

/s/ M. G. Butler

DEPOSITION: J. B. WALKER.

/s/ J. B. Walker

Depositions taken: 12 Jan. 1900.

DEPOSITION: M. A. C. WILLIAMS.

60 years of age.

I know the property asked about. Have known it ever since I was born.

/s/ M. A. C. Williams

DEPOSITION: T. J. WILLIAMS.

55 years of age.

/s/ T. J. Williams

DEPOSITION: B. L. QUARLES.

/s/ B. L. Quarles

DEPOSITION: JAS. A. WILLIAMS, JR.

. . . M. Putty's saddle shop . . .

/s/ J. A. Williams

DEPOSITION: CHARLEY MELTON [?]

Quest. Where is your Barber Shop?

Ans. It is in the old Williams Block on the Square.

/s/ C. F. Melton

DEPOSITION: J. E. STAFFORD.

/s/ J. E. Stafford

DEPOSITION: J. H. DENIS.

/s/ J. H. Denis


NEW: BEASLEY, ISHAM VS. CHAPMAN, AMOS J. ET. AL.
CHANCERY, 1844.

THE JOINT ANSWER of Amos J. Chapman and Elizabeth Bolton, Pinkney McCarver and Lent Bolton to the Bill of Complaint of Isham Beasley.

6 May 1844.

Respondent A. J. Chapman states that the consideration passing from him for the estate of nine years in said property was that he was to support his mother-in-law, the said respondent Elizabeth [Bolton] during her life.

ARTICLE OF AGREEMENT made and entered into between Lent Bolton, A. J. Chapman and Elizabeth Bolton, witnesseth that the said Lent Bolton for and in consideration of Elizabeth Bolton [unreadable] Dower to a tract of land containing 102 acres [unreadable] being the same that Charles Bolton conveyed to the said Elizabeth Bolton during her natural life. The said Lent Bolton do bargain and give to the said A. J. Chapman all of my property laying in Gainesboro, Jackson Co. TN for the term of nine years to live on and occupy as his own, after which time the said property is to descend to the said Elizabeth Bolton during her natural life to use and occupy as a home. If the said Elizabeth Bolton should die before the expiration of nine years, the property is to descend back to the said Lent Bolton at the expiration of nine years, as witness hereunto set my hand and affix my seal this 6th Jan. 1839.

s/s Lent Bolton

THE BILL OF COMPLAINT of Isham Beasley of Smith Co. TN against Pinkney McCarver, Amos J. Chapman & Elizabeth Bolton of Jackson Co. TN and Lent Bolton of Smith Co. TN.

24 Oct. 1843.

. . . on the 22nd of Aug. 1843 he recovered a judgement in Smith Circuit Court . . . [against] Lent Bolton and S. P. Hughes . . .

The Sheriff levied an execution on nine lots in Gainesboro as the property of Lent Bolton -bp.

. . . Simon P. Hughes has removed himself and property out of this State to parts unknown . . .

Lent Bolton has privately removed his personal property to parts unknown . . . Your orator has lately been informed and believes and so charges that said Lent Bolton never has had a legal title to either of said town lots but that the legal title is in said Pinkney McCarver of whom said Lent Bolton purchased them. Your orator has also been informed that said Lent has paid the whole of the purchase money for said lots and is entitled in equity to a legal title for the same.

. . . charges that said Lent Bolton has fraudulently . . .pretended to convey said Town Lots to his mother, Elizabeth Bolton and his brother-in-law, Amos J. Chapman . . .


NEW: BECK, W. B. GRDN OF BECK, C. R.
COUNTY, 1894.

SETTLEMENT.

28 Aug. 1894.

. . . W. B. Beck, Grdn. of Charlie R. Beck, minor heir of Virginia Beck, deceased.

FINAL SETTLEMENT.

. . . C. R. Beck having died since last settlement, the Guardian has distributed the funds among his heirs at law . . .

Distributions of $67.50 each were made to Florence White, F. J. Beck and W. B. Beck. -bp.


NEW: BECK, W. B. & WATTS, W. R. VS. MONTGOMERY, R. J. ET. AL.
CHANCERY, 1892.

W. B. BECK AND W. R. WATTS, ADMRS. OF J. M. LEE, DEC'D VS. A. B. HOLLIMAN AND OTHERS.

Deposition taken: no date.

DEPOSITION: W. P. VITATOE.

58 years old.

I have known him [J. M. Lee] all of his life. He [J. M. Lee] was elected Constable of 5 Civil District . . .

Wm. P. Vitatoe (his mark0

DEPOSITION: W. M. BROWN.

Aged 39 years.

I was Deputy Sheriff of Jackson Co. in the year 1888. During the time I was Deputy Sheriff, an execution came to my hands in favor of C. J. Holliman vs. A. B. & J. B. Holliman from Chancery Court of Jackson Co.

I levied said execution on the following described tract of land lying in the 5th Civil District of Jackson Co. TN, bounded on the East by A. H. Manear on the South by Pryor Grisham, on the West by C. J. Holliman, on the North by A. Stanton, levied on as the property of J. B. Holliman . . . I sold said tract of land on 16 June 1888 . . . I think C. J. Holliman became the purchaser.

DEPOSITION: A. B. HOLLIMAN.

Sept. 1892.

. . . my son J. B. Holliman. . .

The money with which she [Viola Holliman] redeemed said land came from her uncle [James G. Holliman] in the city of Mexico . . .

I think James G. Holliman was in this country ["this country" is used to mean "this area"] not very long after the land was sold in June 1888. I think he is a man of wealth; said to be. I think it was about 27 Dec. 1889 he reached home. I got a letter from him stating he had reached home. I have this letter at the house that I received from my brother.

. . . my brother, G. R. Holliman.

I owed her [Viola Holliman] for her services as clerk in my store and keeping the Post Office. I don't remember whether she attended to the Post Office one or two years. She clerked in my store 5 or 6 years immediately previous to 1879.

My other girls done the cooking while Viola attended to the Store . . .

I think Viola was born in Aug. 1855. [The others] are younger than Viola. Three are about two years betwixt their age. J. B. Holliman is next to Viola, Talula, Ella and Mollie.

I was in the mercantile business in Granville about thirteen years.

Depositions taken: 14, 15, 16 & 17 Feb. 1893.

DEPOSITION: A. B. HOLLIMAN.

Aged 62 years.

J. B. Holliman was a single or unmarried man and is yet.

I held the office [of Post Master of Granville] from June 1875 to Oct. 1885.

/s/ A. B. Holliman

DEPOSITION: VIOLA HOLLIMAN.

I am a sister of J. B. Holliman.

I commenced teaching school in the fall of 1879. Have taught six schools. First school at Corinth in Brooks Bend, a public school, three months . . . 2nd one subscription school at home in Store house in the fall of 1880, five month term . . . also another at the same place the following Spring . . .

In 1884 I taught a three month term subscription school on Flynn's Creek . . . also in the fall of the same year I assisted in the Public School at Flynn's Lick four months . . .

In 1885 taught the Public School a three month term at Cornwell's school house on Flynn's Lick . . .

/s/ Viola Holleman

DEPOSITION: JAMES P. MC KINLEY.

I have known J. B. Holleman ever since he was a child.

/s/ J. L. McKinley

Depositions taken: 17 Aug. 1892

DEPOSITION: C. J. HOLLEMAN.

49 years of age.

/s/ C. J. Holleman

DEPOSITION: JOHN COLE.

53 years of age.

I was J. P. in 1883 and am now.

Quest. Was D. H. Armistead a J. P. in the 5th District of Jackson Co. TN in Jan. 1883?

Ans. He was.

Quest. How long did he serve . . .

Ans. He served until 1888. T. C. McKinley was elected his successor.

He [McKinley] served a little over a year I think. I was elected as McKinley's successor after 1890.

D. H. Armistead is dead, died about July 1891 I think and J. M. Lee is dead also, died a year ago or little over.

/s/ John Cale

DEPOSITION: JAMES HARGIS.

55 years of age.

/s/ Jas. Hargis

DEPOSITION: J. G. HOLLIMAN.

[A. B. Holliman] is my uncle.

/s/ J. G. Holleman

DEPOSITION: ROLAND TERRY.

60 years of age.

/s/ Roland Terry

DEPOSITION: W. R. WATTS.

While I was in business in Granville in the year 1889 or 1890, Mr. A. B. Holliman came to my store . . .

/s/ W. R. Watts

W. B. BECK & W. R. WATTS, ADMINISTRATORS OF J. M. LEE, DECEASED, VS R. J. MONTGOMERY, ET. ALS.

REPORT OF SALE.

10 Nov. 1892.

. . . offered for sale two tracts of land [that belonged to J. M. Lee] named and ordered to be sold in said Decree.

The second tract offered is described in the complainant's Bill as follows: Bounded by the lands of T. J. Lee on the North, the lands claimed and occupied by James Stout, Jonathan Wheeler and perhaps others and lies in the 5th District of Jackson Co. and contains five or six acres. This tract was sold to W. R. Watts at the price of $6.00 . . .

Next offered the other tract mentioned in complainant's Bill, which is described as follows: Bounded on the South by Martins creek, West by Cam Smith, North by the Homestead tract laid off to J. M. Lee, East by the lands of Jeremiah Haile. Said land lies in the 5th Civil District of Jackson Co. TN and partly in Putnam Co. TN and contains 100 acres more or less.

This tract was sold to R. J. Montgomery at the price of $500.00 . . .

Deposition taken: 15 Sept. 1892 at Granville TN.

DEPOSITION: W. R. WATTS.

I am one of the administrators of J. M. Lee, deceased.

/s/ W. R. Watts

Deposition taken: 5 Aug. 1892.

DEPOSITION: W. W. DRAPER.

. . . W. M. Brown, Deputy sheriff of Jackson Co. . .

I recollect that I went to see J. M. Lee twice to get some money for G. B. Murray due Murray & Sons from J. M. Lee for attorney fees in the Tom King murder case.

/s/ W. W. Draper

Deposition taken: no date.

DEPOSITION: T. J. LEE.

/s/ T. J. Lee

Deposition taken: no date.

DEPOSITON: W. B. BECK.

/s/ W. B. Beck

THE BILL OF COMPLAINT OF W. B. BECK & W. R. WATTS, ADMINISTRATORS OF J. M. LEE, DECEASED AGAINST ALEXANDER B. HOLLIMAN & VIOLA HOLLIMAN, all of Jackson Co. TN.

4 Feb. 1892.

. . . J. M. Lee departed this life intestate in Jackson Co. TN on or about the [blank] day of [blank] 1891.

THE BILL OF COMPLAINT OF W. R. WATTS & W. B. BECK, Administrators of J. M. Lee, deceased, and in their own right & Martha Lee, the widow & relict of said deceased, all citizens of Jackson Co. TN against R. J. Montgomery, James Hargis of the law firm of Hargis & Watts, Wm. Vititoe, T. J. Lee, Y. W. Williams, M. L. McKinley, J. S. Spurlock, Gordo Beck, Belle Watts, John Lee, Jeff Lee, Ann Lee, Elinore Lee, Jane Lee, Jim Lee, & Willie Lee, the last seven of whom are minors without general Guardian. Defendants Gordo Beck Belle Watts are femme covert, being wives of complainants W. B. Beck [& W. R. Watts--this name, W. R. Watts is left out of this document, but is in another document -bp.] & John H. Stafford & Jno. P. Murray, Murray & Son composed of names of J. P. Murray & G. B. Murray, all of Jackson Co. TN.

Filed 26 Aug. 1891.

Most of these defendants are creditors. There are many more creditors that ask, in other documents, to be included in this suit. Presumably Gordo Beck, Belle Watts, John Lee, Jeff Lee, Ann Lee, Elinore Lee, Jane Lee, Jim Lee, & Willie Lee are children of J. M. Lee. -bp.

They charge that the assets of said estate are insufficient to pay the debts thereof. . .it will be necessary to sell the lands hereinafter named. . .

Complainant Martha Lee is the widow and relict of said deceased and as such is entitled to Dower out of the lands hereinafter described. She is not entitled to Homestead out of said lands and does not claim the same because in the lifetime of her husband, Homestead was assigned to him out of other lands that deceased owned at that time. She is advised that upon her [sic] death said Homestead right descended and vested in her and her minor children. [I imagine that this should say "his death." -bp.]

Your orator charges that at the time of the death of said J. M. Lee, he was the owner of the following described real estate, to wit: [two tracts are described in the above Report of Sale -bp.] One other tract of land in the 7th District of Jackson Co., Bounded by the lands of Bill Fuqua, Dock Neil and others, containing 40 acres more or less, being the same purchased by R. J. Montgomery and by him sold to defendant J. M. Lee.

The said J. M. Lee is also the owner of an undivided one third interest in a Steam Saw and Grist Mill located on Spring fork of Martins creek and defendants T. J. Lee and Wm. Vitatoe are the owners of the other two thirds thereof.


NEW: BELL, ROBERT F. VS. POTEET, THOS. J. ET. AL.
CHANCERY, 1853.

This case is about debts and has nothing specifically genealogical in it. -bp.


NEW: BENNETT, CORA VS. BENNETT, SMITH.
CHANCERY, 1902.

THE BILL OF COMPLAINT OF CORA WHEELER, A CITIZEN OF JACKSON CO. TN AGAINST SMITH WHEELER, ALIAS SMITH BENNETT, A CITIZEN OF THE STATE OF KY.

10 June 1902.

. . . she and the defendant were married in said county on or about Aug. [blank] 1894 and lived together for about one year, and then the defendant willfully abandoned her and went off to the State of KY, leaving her without any means of support whatever and the defendant has ever since said abandonment refused and neglected to provide for her and her child that was born to her as the issue of her said marriage.

She asks for divorce and restoration of her maiden name of Cora Payne and for general relief. -bp.

Cora Benatt (her mark)


NEW: BENNETT, NANCY VS. BENNETT, JAMES.
CIRCUIT, 1881.

NANCY BENNETT, A CITIZEN OF JACKSON CO. AGAINST JAMES BENNETT, WHOSE RESIDENCE IS UNKNOWN.

2 May 1881.

. . . James Bennett left her about two years ago . . .

left her with two little children, W. R. Bennett and J. F. Bennett . . .

Asks for divorce and to be restored to her maiden name of Nancy Anderson, and for custody of her children.

DIVORCE DECREE.

No date.

Divorce granted.


NEW: BENNATT, WILLIAM T. VS MARTIN, THOMAS L.
CHANCERY, 1880.

THE BILL OF COMPLAINT OF WILLIAM L. BENNATT, a citizen and resident of Smith Co. TN against Thomas L. Martin who is a citizen and resident of Jackson Co. TN.

3 Sept. 1880.

. . . Robert Holliday, late of Jackson Co. TN, departed this life intestate in said county, the place of his residence, on the [blank] day of May 1880 . . . complainant . . . was . . . appointed . . . as the administrator of the estate of said Robert Holliday, deceased . . .

. . . in 1880 defendant Thomas L. Martin and the intestate of complainant entered into co-partnership in the retail merchandise business on Salt Lick creek in Jackson Co. TN.

He says that Robert Holliday furnished all of the funds for this enterprise. -bp.


NEW: BENNATT, W. T. VS. COX, R. A. ET. AL.
CHANCERY, 1879.

THE BILL OF COMPLAINT OF GEORGE H. MORGAN, a citizen of Putnam Co. TN, M. G. Butler & L. K. Smith, citizens of Jackson Co. TN against Newton Moore & wife Catherine Moore, citizens of Jackson Co. TN.

This Bill is about debts. -bp.

THE BILL OF COMPLAINT OF W. T. BENNATT, a citizen of Jackson Co. TN against Robt. A. Cox, M. A. C. Eaton formerly, now M. A. C. Frost, Augustus S. Lock, Newton Moore and his wife C. F. Moore, H. W. Williams and W. H. Young, all citizens of Jackson Co. TN, J. W. Lock, a citizen of Macon Co. TN, Hugh McCrea & John W. Terross of Davidson Co. TN, Wm. T. Lock of the State of Texas and Jno. Sadler, C. F. Sadler, Wm. T. Sadler, James A. Sadler, all of Texas.

17 Jan. 1879.

This is about a judgement made in 1878 -bp.

Defendants Sadler are minors.


NEW, BERRY, GAIL VS. MC COIN, E. M.
CHANCERY, 1913.

PETITION OF CLAY REEVES.

30 Jan. 1919.

. . . E. M. McCoin died, leaving a widow, Lou McCoin, and one child, Martha D. McCoin.

Your petitioner, Clay Reeves, was duly and legally appointed Guardian for the said Martha D. McCoin, by the County Court of Jackson Co.; he qualified and is now acting as such. The said Martha D. McCoin is about eleven or twelve years of age, and is the only child and heir at law of E. M. McCoin, deceased. She, with her mother, is now living in Cookeville, Putnam Co. TN where she is attending the City School.

Complainant Gail Berry has also died . . . his son, T. N. Berry.

WILL.

15 Aug. 1904.

I, Martha D. Mercer of the County of Jackson and State of TN. . .

I will and bequeath to Susan Pharris, widow of Leroy Pharris, deceased, the sum of $800.00, to be paid to her out of the proceeds of my personal estate, and if she should die before the same is collected, and paid to her, then the amount is to be paid to the administrator of her estate, to be by him distributed legally between her two sons, or their legal heirs, if either should not be living at that time. . .

All the rest and residue of my person estate, of whatever kind or character, I will and bequeath to W. C. Pharris and A. J. Pharris, sons of Susan Pharris, the same to be equally divided between them.

I have heretofore, to wit, on the 11th day of June 1904, executed a deed to the tract of land on which I now live, known as the J. J. Mercer home place, on Roaring River in the 9th District of said county, to my kinsman E. M. McCoin and A. M. McCoin. . .

ORDER OF PROBATE.

1st Mon. in Sept. 1910.

. . . Martha D. Mercer . . . has recently died. . .

DEED.

11 June 1904.

Whereas my husband, J. J. Mercer, on the 8th day of May 1886 purchased a tract of land hereinafter described from J. T. Anderson, the Admr. of the will annexed of Edward Mercer, deceased, assuming as part consideration for said land, to keep, care for and support one Polly Jane Mercer, for and during the remainder of her natural life, she being a confined lunatic, and her support having been made a charge upon said land under and by virtue of the terms of the last will and testament of said Edward Mercer, deceased.

And whereas my said husband died on the 12th day of July 1887, leaving the said lunatic Polly Jane Mercer, who survived him until the 9th day of Oct. 1902, when she died.

And whereas my said husband, prior to his death, to wit, on the 11th day of Feb. 1887, made and published his last will and testament naming myself as Executrix of his estate, which trust I accepted and executed.

. . .

Now, therefore I, Martha D. Mercer as Executrix aforesaid, and also in my own right, for the consideration of $1500.00 in a note this day executed to me by E. M. McCoin, A. M. McCoin and W. D. McCoin as security of this date and due and payable as therein stated, and the further consideration that said E. M. and A. M. McCoin shall in the future assist me in the management of my business if called upon to do so, and shall see that I am not neglected when sick and shall after my death see that I am given decent burial, I do hereby sell, transfer and convey unto the said E. M. McCoin and A. M. McCoin, said tract of land which is here bounded and described as follows:

Lying in the 9th Civil District of Jackson Co. TN on Roaring River, the same whereon my husband lived at his death and the same purchased by him from J. T. Anderson, Admr. aforesaid, to which deed reference is had for boundaries, and excluding from said boundaries the lands conveyed by my husband in his lifetime to T. J. Mercer, known as the Murray & Butler land, and excluding also the lands heretofore conveyed by me and now in the possession of W. D. McCoin & Co. and excluding also the graveyard on the place and granting to the public the right to bury the dead in said graveyard and the right of way to and from said graveyard.

By this deed I only convey the remainder interest in said land to said E. M. and A. M. McCoin, after the termination of my life estate therein. I expressly reserve the use, occupancy and control of the same, and the right to cut, use and sell timber therefrom during my life.

WILL.

11 Feb. 1887.

I, James J. Mercer . . .

I will and devise to my beloved wife Martha D. Mercer absolutely all of my personal property . . .

I will and devise to my beloved wife Martha D. Mercer for and during her natural life all of my real estate of which I may die seized and possessed consisting of the farm on which I now live, and the farm lately occupied by T. J. Mercer, known as my old homestead place where I formerly lived and all other lands which I now or may own . . .

It is my will and desire that at the death of my wife, Martha D., that all of my real estate which may then remain, be disposed of as follows, to wit, one half of said real estate my wife, Martha D., may dispose of by will as she pleases, and the other half of said real estate I will and desire after the death of my wife to James J. Mercer, Jr. and Geo. Campbell Mercer $300.00 out of said reality and the remainder of said land or it's proceeds to be equally divided between my four grandchildren, Jas. J. Mercer Jr., George Campbell Mercer, Lorenzo Mercer and Luther Mercer . . .

THE BILL OF COMPLAINT of Gail Berry, complainant, a resident citizen of the State of Texas against E. M. McCoin, A. M. McCoin, Will Pharris, Ab Pharris, Kavander Lynn, her husband John Lynn, Eliza Burris and her husband Jim Burris, Ned Mercer, Jim Mercer, G. C. Mercer, Lorenzo Mercer, Luke Mercer, Johnie Mercer, Melia P. Mercer, residents of Jackson Co. TN, & Nellie Huffines, Rosco Huffines, residents of Clay Co. TN.

No date.

. . . Polly Jane Mercer, a lunatic, who was the sister of the testator [J. J. Mercer].

. . . Susana Pharris, the mother of defendant Pharris's . . .

. . . at the death of J. J. Mercer, he was the owner of the following described land lying in the 9th Civil District of Jackson Co. TN, to wit, Bounded on the north by Butler & Murray, now A. J. Pharris & Proctor, on the east by Warren Smith & Young, on the south by Young & Roaring River & Lynn, on the west by Roaring River & Munroe Maberry & D. N. Johnson.

Complainant charges that J. J. Mercer adopted T. J. Mercer & made him his legal heir & that T. J. Mercer died several years back but since the death of J. J. Mercer and he was the only heir of J. J. Mercer; he left surviving him the defendant Mercer children, to wit, Ned Mercer, Jim Mercer, George Campbell Mercer, Lorenzo Mercer, Luke Mercer, Eliza Burris who married James Burris, Johnie Mercer, Melia P. Mercer, Nellie Mercer, who intermarried Roscoe Huffines, Kazander Lynn who intermarried John Lynn . . .

Depositions taken: 23 Sept. 1919

J. W. MORGAN.

69 years old, live in the 9th District of Jackson Co. and am a farmer.

/s/ J. W. Morgan

DEPOSITION: WARREN MORGAN (recalled).

Quest. Your daughter married a son of T. N. Berry . . . didn't she?

Ans. Yes, Sir.

Quest. You are also the uncle of Mr. D. B. Johnson, Solr. for Mr. Berry in this case, are you not?

Ans. Yes, Sir.

/s/ J. W. Morgan

DEPOSITION: JOE B. LYNN.

Age 33, live in the 9th District of Jackson Co. and am a farmer.

Quest. You married a daughter of T. N. Berry . . . did you not?

Ans. Yes, Sir.

/s/ J. B. Lynn

DEPOSITION: CLAY MASTERS.

I am 59 years old, live in the 9th District of this county and am a farmer.

/s/ W. C. Masters

DEPOSITION: ALBERT LYNN.

I am 42 years old, live in the 9th District of Jackson Co. and am a farmer.

Quest. What relation are you to J. B. Lynn, who is a son-in-law of T. N. Berry?

Ans. We are second cousins; my father and Joe was first cousins.

/s/ Albert Lynn

DEPOSITION: H. J. LYNCH.

I am 39 years old, live in 1st Civil District of this county, 4 1/2 miles east of Gainesboro. I am a farmer and Trustee for Jackson Co.

/s/ H. J. Lynch

DEPOSITION: G. W. CHAPMAN.

I will soon be 66, live in the 1st District of this county and am a farmer.

Quest. Do you own two good farms on Roaring River?

Ans. Yes, reasonably good ones.

/s/ G. W. Chapman

Depositions taken: 24 Sept. 1919.

DEPOSITION: W. A. OVERTON.

I am 53, a farmer and live in the 9th District of this county.

/s/ W. A. Overton

DEPOSITION: C. G. WHITAKER.

I am 33 years old, live in the 9th District of this county and am a farmer.

Quest. Was you raised on Roaring River?

Ans. Yes, Sir.

/s/ C. G. Whitaker

DEPOSITION: W. J. BURRIS.

38 [years old], merchant, and live in the 9th District of this county.

/s/ W. J. Burris

Deposition taken: 1 Oct. 1919.

DEPOSITION: J. H. STAFFORD.

I am 71 years old, live in Gainesboro TN and am a farmer.

/s/ J. H. Stafford

Deposition taken: 7 Oct. 1919.

DEPOSITION: AMOS MORGAN.

65 years old. I am a minister and Singer Sewing Machine agent, live in Jackson Co. TN.

Quest. Was you raised on Roaring River?

Ans. I was.

Quest. With whom do you make your home?

Ans. I make my home with Clarence Whitaker and with Gailey Berry, sometimes at Noah Whitaker's.

Quest. What relation are you to Gailey Berry and what relation is he to T. N. Berry, who is interested in this law suit?

Ans. Gail Berry, by marriage is a nephey and he is a son of T. N. Berry.

/s/ A. C. Morgan

DEED.

11 Jan. 1919.

We, J. S. Berry and G. W. Berry, this day sell, transfer and convey to T. N. Berry our interest that was conveyed to us by our father Gale Berry by Deed dated Feb. 25, 1915, it lying and being in the 9th Civil District of Jackson Co. TN and bounded on the north by E. M McCoin's estate, on the east by Berry & Young, on the south by Joe Loftis, and on the west by A. M. McCoin, it being on Roaring River and containing about 200 acres more or less.

This conveyance conveys our undivided interest in the above described tract of land, one half of the same being conveyed by our father Gale Berry to T. N. Berry, J. S. Berry and G. W. Berry, the other undivided half being owned by Martha D. McCoin and Lou McCoin having a marital right as the widow of E. M. McCoin, deceased.

WILL.

26 Aug. 1860.

I, Edward Mercer, of the County of Jackson and State of TN . . .

I give and bequeath unto my beloved wife Jane Mercer all of my estate both real and personal and mixed consisting of lands containing about 500 acres by deed made to me by William Harris, the same where I now live, also the following named negro slaves: David, Sukey, Elizabeth, August and America . . . to have and to hold during her natural life or widowhood with the following request and condition, which I wish and request my said wife to carry out which is one cause of my leaving as much property and effects of my estate in the possession and control of my beloved wife--that is my daughter Polly Jane Mercer is now a lunatic and will perhaps remain so during her life. My will is that my wife keep and support her on the farm during the life of my said wife. If said Polly Jane should outlive her mother, also my daughter Manerva Mercer is still living with me and single, my will is that my wife keep and support her during my wife's life or the single life of my daughter.

I have heretofore given unto my son Jones Mercer one negro man named Anthoney . . .

I have heretofore given unto my daughter Sarah Ann Cox, wife of John C. Cox, one negro girl named Martha . . .I give and bequeath unto my daughter Harriett Caruthers and the heirs of her body one negro girl now in my possession named Amanda . . . I have heretofore given unto my daughter Eliza Whitten, wife of Joel Whitten, one negro girl named Rhoda . . . I have heretofore given unto my daughter Levernia C. Hix, wife of Isaac Hix, one negro girl named Ann . . .I give and bequeath unto my daughter Amanda M. Brown and the heirs of her body one negro girl named Mary . . . I have heretofore given unto my deceased daughter Letha McCarver and her husband Leonardus McCarver . . . I give and bequeath unto my two grandsons Pinkney McCarver and Edward McCarver, sons of Aletha McCarver, deceased, a negro boy named Jim . . . I give and bequeath unto my daughter Manerva Mercer one negro boy named David . . .

He goes into detail about his estate at the death or remarriage of his wife and about how Polly Jane is to be cared for. -bp.

Deposition taken: no date.

DEPOSITION: MARION HARRIS.

I am 65 years of age and live at Meigsville in this county. I am a farmer, preacher and merchant.

I had a clerk in the store at the time mentioned [Oct. 15, 1902]. It was Eph Hampton.

He kept the books of accounts while he was there and I think he was there for five years, maybe longer.

He is in Texas as [of] now. He has been gone to Texas five years, something like that.

/s/ Marion Harris

Depositions taken: 14 Oct. 1913.

DEPOSITION: ASA JOHNSON.

I am 80 years old and I live on roar [Roaring?] river a mile above the mouth of Spring creek.

Yes, I got a raft of logs off of the Mercer farm. Sam Johnson, Bert Johnson, Wash Chapman and Josh Chapman were in the deal with me.

. . . to Little Jones [Mercer] was paid to him and the balance to the old man [Jones Mercer] . . .

Quest. How many rafts did you and your brothers get out . . .

/s/ Asa Johnson

DEPOSITION: WM. C. SCOTT.

Quest. Where did you live at the death of Jones J. Mercer?

Ans. I lived in the Scott hollow on Roaring river--near the Mercer farm.

Quest. What horses were there on the place when Mr. Mercer died . . .

Ans. There were a black mare, a sorrel mare and a two year old colt. The black mare was the one that killed the old man Mercer.

/s/ W. C. Scott

Depositions taken: 15 Oct. 1913.

DEPOSITION: GEO. C. MERCER.

Aged 44 years.

Are you the same George Campbell Mercer mentioned as one of the devisees in the will of your grandfather J. J. Mercer, deceased, and a brother to the other devisees mentioned in said will, to wit, J. J. Mercer, L. D. Mercer and Luther Mercer?

Ans. Yes, Sir.

Quest. Say if or not you and your said brothers sold and conveyed your respective interests in said estate passing under said will, if so, to whom?

Ans. We sold to Mr. Gail Berry.

G. C. Mercer (his mark)

DEPOSITION: A. C. CHAFFIN.

I live in the 1st District of this county and I am County Surveyor of Jackson Co.

I am 27 years old and I have been a Surveyor one year.

Quest. Who carried the chain [when the land was surveyed, about five months ago]?

Ans. Charley Scott and Dallas Scott.

Quest. That survey was made just before Dallas was put in jail for [unreadable] or selling whiskey, wasn't it?

Ans. It was some time before, but I don't know just how long.

Charley has a house of his own, though he lives there on Martin's [McCoin's] land. Dallas lives with Averett McCoin, and Charley lived on Averett's land at the time the survey was made.

If Charley has ever been in jail I don't know it, and Dallas has only been in jail but once that I know of and that was for Public Drunkenness.

/s/ Abner C. Chaffin

DEPOSITION: MILLARD F. LOFTIS.

I am 55 years old. I live in the 8th District of this county.

/s/ Millard F. Loftis

DEPOSITION: A. H. JOHNSON.

I am 59 years old. I live on Roaring river in the 1st District of this county. I have lived on Roaring river all my life.

Quest. State whether or not you own a good productive farm on said river.

Ans. Yes, Sir.

/s/ A. H. Johnson

DEPOSITION: JAMES MERCER.

I am 47 years old and live in the 8th District of this county. I am the same James Mercer mentioned in Jones Mercer's Will and one of the beneficiaries under the Will.

Quest. Did you sell your interest in said Will to the complainant Gail Berry?

Ans. Yes, Sir.

. . . W. D. McCoin, the father of Martin McCoin . . .

My father's name was Jones Mercer, and known as "Little Jones."

Quest. Where have you lived for the past twenty years?

Ans. I have been in Illinois part of the time and in Kentucky. In these two states about eight years. The balance of the time up in the 8th District of this county in Big bottom and on Brimstone.

. . . me and my brother Tobe . . .

I lived in Clay [county] pretty near four years. That has been about seven years ago since I left Clay.

/s/ J. J. Mercer

Deposition taken: 19 Dec. 1912.

DEPOSITION: G. C. MERCER.

I am going on 44 years of age. I live in the 8th District of this county.

I was raised and lived right there at her [Martha D. Mercer] until I was 18 years old.

. . . it was in my first wife's lifetime and she has been dead about fourteen years as I remember.

Quest. Did your father and grandfather, J. J. Mercer, not have a fight a short time before the death of J. J. Mercer?

Ans. I don't know they fought. I was not present. I understood they had a fuss and tried to fight.

Quest. Did they not get very mad at each other and stay mad as long as J. J. Mercer lived?

Ans. My understanding is they got mad, but I don't know whether they were mad when grandfather got killed or not.

Quest. Just after J. J. Mercer's death, did your father and Mrs. Mercer not have a long, hard fought law suit?

Ans. They had a lawsuit. I reckon it was a hard fought one. I wasn't concerned in it no way.

/s/ G. C. Mercer

Deposition: 23 Jan. 1913.

DEPOSITION: W. C. SCOTT

I am 44 years old. I live on Roaring river. I am a farmer and blacksmith.

W. C. Scott (his mark)

Deposition taken: 24 Jan. 1913.

DEPOSITION: STEVE STRONG.

I guess I am about 52 years old. My occupation is a little of everything.

Steve Strong (his mark)

Deposition taken: no date.

DEPOSITION: MRS. BELLE PHARRIS.

[I am] the wife of W. C. Pharris.

Quest. How long have you lived on the Mercer farm?

Ans. Twenty years.

I understood that old Jones adopted Little Jones . . .

/s/ Belle Pharris

PETITION OF LOU MC COIN.

18 Oct. 1922.

. . . she is the widow of E. M. McCoin, deceased, and that said E. M. McCoin died intestate in Jackson Co. in the year 1914, leaving this petitioner as his widow and Martha D. McCoin, a minor, as the only child and heir at law.

. . . she, after the death of her husband, removed with their daughter to Cookeville, Putnam Co. TN where their daughter could have better educational advantages and that both now reside at a home which this petitioner has purchased in Cookeville, TN. She states that at the time of the death of her husband, Martin McCoin, he was the owner of five tracts of land situated in Jackson Co. and bounded and described as follows:

1st tract: Situated and lying in the 1st Civil District and containing about 125 acres and bounded on the north by the Cumberland River, on the south by Tinsley, on the east by Montgomery and on the west by Draper.

2nd tract: Situated and lying in the 6th Civil District and containing about 230 acres and bounded on the north by Gaw, on the south by Warren, on the east by Strong and on the west by Scott.

3rd tract: Situated and lying in the 6th Civil District and containing about 30 acres and bounded on the north by Cox, on the south by Johnson, on the east by Gore and on the west by Gaw.

4th tract: Situated and lying in the 9th Civil District and containing about 225 acres, bounded on the north by the District Line, on the south by Roaring River, on the east by Young and on the west by Anderson.

5th tract: Situated and lying in the 9th Civil District and containing about 50 acres and bounded on the north by Scott, on the south by Roaring River, on the east by Maberry and on the west by Gore.

. . . in the year 1918 she was assigned homestead and dower . . .

. . . Martin McCoin . . . was the owner of only one half undivided interest in tract No. 4 and that the heirs of Gail Berry were the owners of the other half and this tract was sold by decree of your Honor and partition of the funds had.

THE BILL OF COMPLAINT of Johnnie Byers, the regular Guardian of Martha D. Byers, and Lou McCoin, both residents of Putnam Co. TN against C. D. Loftis, a resident of Jackson Co. TN and Martha D. Byers, a resident of Putnam Co.

10 Oct. 1923.

. . . the defendant Martha D. Byers is an infant, that her father is dead, that she married the complainant Johnnie Byers, who is also her regular guardian and that the complainant Lou McCoin is her mother, and that said minor is now 17 years of age.

They ask that a one acre parcel of land be sold to C. D. Loftis for $1000.00. -bp.

Deposition taken: Sept. 1919.

DEPOSITION: A. M. MC COIN.

I am 35 years old, [residence] Gainesboro, R. 1, TN, farming.

I am interested in it [the farm in dispute] because my deceased brother's heirs owned an interest in it.

Quest. . . your brother, Martin McCoin . . .

Quest. You are separated from your wife and she is divorced from you, is she not?

Ans. Yes to both.

Quest. She was divorced to you on the grounds that you were guilty of adultery with a lewd woman and for cruel and inhuman treatment, wasn't she?

Ans. She charged me with the above offense and was granted a divorce.

Quest. You have been imprisoned for Public Drunkenness, haven't you?

Ans. No, Sir.

Quest. What was you imprisoned for?

Ans. Disturbing Public Worship.

Quest. How long has it been since you was in jail?

Ans. Seven years this fall.

Quest. How many times were you ever put in jail?

Ans. One time.

/s/ A. M. McCoin

DEPOSITION: S. G. GORE.

I am 74 years old, live in Gainesboro TN and am a farmer.

I have lived in a mile and a half of it [the J. J. Mercer lands] all my life.

Quest. What relation are you to J. J. Gore, one of the lawyers in this case, and H. L. McDearman, the guardian?

Ans. Well, I am John's uncle and McDearman's wife's uncle.

Quest. Ain't it a part of Averett McCoin's general character that he was keeping a lewd woman and on that account and his cruel and inhuman treatment of his wife was divorced from him? [sic].

Ans. Well, I have heard it said that he kept a lewd woman . . . I have heard it said that he was still going to see her. I don't know it to be a fact.

Quest. I will ask you if it ain't a part of his general character that he is a public drunkard and gambler and has been ever since he was grown?

Ans. Well, I have seen him drunk several times but I don't know anything about him gambling. Well, I have heard of him gambling some, or it was said so; I don't know it.

Quest. You have had some reputation yourself in the way of being bad after women, haven't you?

Ans. No Sir, not very bad.

Quest. But you do admit you have had a little in that line, don't you?

Ans. Ah. Men have done a heap worse than I have.

Quest. Is it not . . . a fact, and a part of his general character, that for the past six or eight years he [Averett McCoin] had quieted down and is not as wild as he formerly was?

Ans. Yes, Sir.

/s/ S. G. Gore

Depositions taken: 22 Sept. 1919.

DEPOSITION: W. H. DUDNEY.

Age 36, residence Gainesboro TN and am a farmer.

I have a river bottom farm and a hill farm both.

Brother George Dudney . . .

/s/ W. H. Dudney

DEPOSITION: MAJOR FLYNN.

I am 46 years old, live in the 8th District of this county and am a farmer.

Quest. What size farm do you own and is it a hill farm or a river farm?

Ans. 250 acres, and it is a river farm, of course there is some hill land on it.

/s/ Major Flynn

Depositions taken: 30 Sept. 1919.

DEPOSITION: G. W. BARKSDALE.

I am 49 years old, live at Celina TN and am a timber man, buying logs for Luberman, Luberman & O'Brien.

Quest. How long have you been buying and shipping timber and logs in this upper Cumberland territory?

Ans. Well, more or less for twelve or fifteen years.

/s/ G. W. Barksdale

DEPOSITION: A. J. PHARRIS.

61 years old, live in the 6th District of this county, and am a farmer.

Quest. What official position do you hold in Jackson County and how long have you held said position?

Ans. Justice of the Peace, since 1900.

Quest. Is Newt Warren not a very fractious man, and deaf and dumb?

Ans. Yes, Sir.

/s/ A. J. Pharris

DEPOSITION: BILL SCOTT.

I am going on 52, live in the 6th District of this county and am a farmer.

/s/ W. C. Scott

DEPOSITION: OLIVER HIX.

[Age] 30, live in 9th District of this county, and a farmer.

/s/ Oliver Hix

Depositions taken: Oct. 1912.

DEPOSITION: A. J. PHARRIS.

I am 54 years old. I live in the 6th District of this county and am a farmer.

I have known the [Martha D. Mercer] farm all my life.

Quest. You were related to Lee Roy Pharris, wasn't you? If so, what relation?

Ans. He was my uncle.

Quest. You was well acquainted with your Aunt Susan Pharris . . .

Ans. Yes, Sir. I was well acquainted with her.

[Will Pharris] is a reasonably good worker but he is so fleshy he couldn't work fast in hot weather.

I am Justice of the Peace for this county and have been for twelve years.

/s/ A. J. Pharris

DEPOSITION: GEO. CHAPMAN.

I am 62 years of age. I live on Roaring river and a farmer.

I was born and raised within three or four miles of that place [the farm in litigation].

/s/ G. W. Chapman

Depositions taken: 15 Oct. 1912.

DEPOSITION: H. J. LYNCH.

33 years old, residence is near Gainesboro, about one mile southeast.

I have been Sheriff two terms. I was first elected in 1906 and held until Sept. 1910.

/s/ H. J. Lynch

DEPOSITION: MONROE MABERRY.

/s/ Monroe Maberry

LETTER.

From City of Nashville, Office of the Mayor. C. P. McCarver, Mayor.

Feb. 22, 1888.

Dear Aunt Martha,

Chatty family letter, asks her to come and live with his family. Offers to find her a suitable horse, and says he will sell her black mare. -bp.

Your nephew, C. P. McCarver.

End of Roll.

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Jackson County Coordinators
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