Jackson Co., TN Loose District/Chancery Court Papers
Reel #49, Berry, G. - Botts, A.
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: BERRY, GAIL VS. MC COIN, E. M. ET. AL.
CHANCERY, 1913.

This is a new folder, but it is a continuation of the last case on Roll No. 48. -bp.

Depositions taken: 22 & 23 July 1912.

DEPOSITION: JOHN R. CHAFFIN.

I am 61 years old. Am a farmer and live on Roaring river in the 1st District of this county.

Quest. Is W. D. McCoin living or dead? What relation was he to Defts. E. M. & A. M. McCoin?

Ans. He is dead. He was the father of E. M. & A. M. McCoin.

/s/ J. R. Chaffin

DEPOSITION: B. B. CHAFFIN.

I am 63 years old. I live on Roaring river. I live about 1 1/2 miles from the land involved in this suit. I have lived in the neighborhood of said land for 53 years.

My Bro. John Chaffin . . .

DEPOSITION: AMANDA SCOTT.

I am 53 years old. I live in the Sixth District of this county.

I was acquainted with Martha Mercer in her lifetime. I have lived on her land. We lived on her land for eight years before her death and up to her death and the balance of the year she died. We had our crop planted when she died.

. . . Jake Scott (my husband) . . .

We bought that place where we lived and where we now live and stayed on it until we moved down to Aunt Martha's but I don't remember how long we had owned it. It is about two miles and a half from the Mercer farm.

. . . Cansada Pharris, wife of Abb Pharris . . .

Amanda Scott (her mark)

Depositions taken: 27 Feb. 1912.

DEPOSITION: JAKE SCOTT.

I am over 50 but I don't know my age exactly. I live in the 6th Dist. of this county. I am a farmer.

I lived there [on the Edwin Mercer place] eight years. I left there on the first day of Jan. 1911.

. . . Susan Pharris . . . her children Will and Abb . . .

Jake Scott (his mark)

DEPOSITION: MRS. BETSY SCOTT.

I am 59 years old. I live in the 9th District on Roaring river.

Quest. What is your husband's name and how long have you been married?

Ans. His name is Mart Scott but I don't know how long we have been married but some ten or eleven years.

She says she did the washing for the Pharrises and Mrs. Mercer for ten or twelve years. -bp.

Elizabeth Scott (her mark)

Depositions taken: 28 Feb. 1912.

DEPOSITION: W. L. BROWN.

I am 49 years old and live in 6th District. I farm and carpenter.

J. J. Mercer was my uncle and Martha D. Mercer was my aunt by marriage and Polly Jane Mercer was my aunt - sister of my mother.

Wayman Hawkins lived up there on Roaring river about 2 1/2 miles from Aunt Martha's; his wife was Polly Jane's niece and also a niece of Mrs. Martha Mercer and my sister.

I have heard Uncle James, Aunt Martha, Aunt Manerva and Grandma - James mother, all say so.

. . . my sister, Jane Hawkins, and her husband, Wayman Hawkins.

Quest. How many children have you?

Ans. I have ten living.

Quest. How many rooms to your house now and what is the greatest number of rooms you have had at any time since your marriage?

Ans. Two rooms in my house and that is the greatest number I have ever had except the house I got burned had two rooms and a loft that we used.

Wayman Hawkins is dead.

Quest. What did you get out of the Mercer estate, I mean your grandfather's estate?

Ans. I got about $200 for it. Maybe a little on the rise. I got about $300 out of my Aunt Manerva's estate.

Quest. How much land do you now own . . .

Ans. I don't own any myself. I had about 35 acres and I have deed that to my children.

/s/ W. L. Brown

DEPOSITION: M. F. YOUNG.

I am 62 years old. Live in the 9th District of this county. Am a farmer and a merchant.

I have known it [the old Edwin Mercer farm] I expect for 50 years. I live joining farm to it.

Quest. How long have you lived on adjoining farm to said Mercer place?

Ans. Eleven years.

J. J. Mercer died on the 12th day of July 1887.

[Polly Jane] seemed to be an entire idiot.

I heard Mrs. Mercer say of her father and R. P. Brooks being related but I have forgotten just what it was and I have heard her speak of Martin and Averett McCoin being related to her.

Quest. Did she have any other kin in that neighborhood?

Ans. Not that I know of. Only the Mercers, kin to her by marriage.

/s/ M. F. Young

Depositions taken: 1 & 2 March 1912.

DEPOSITION: H. H. JOHNSON.

I am 58 years old. I live on Roaring river, farmer by occupation.

I have lived on the farm where I now live all my life, since I moved there at the age of four years.

I have lived all my life on an adjoining farm to it [the Edwin Mercer farm].

Pink McCarver was not any blood kin to Aunt Martha Mercer that I ever heard of. He was a nephew of J. J. Mercer, as his mother was J. J. Mercer's sister.

Quest. Was or not Geo. R. Loftis along then a drinking man and addicted to the liquor habit and at times got drunk or under the influence of liquor?

Ans. Yes, Sir, that is my understanding that he was.

Quest. Do you know the A. M. McCoin farm lying adjoining it, formerly owned by D. N. Johnson . . .

Ans. I know the farm mentioned - it was my father's farm.

Quest. State whether or not Geo. R. Loftis has been a sober man for quite a number of years . . .

Ans. I haven't heard of him drinking any in fifteen or twenty years.

/s/ H. H. Johnson

DEPOSITION: J. W. MORGAN.

I am 61 years old. I live in the 9 Dist. in Jackson county. I am a farmer.

I have known it [the Edwin Mercer farm] all of my life.

/s/ J. W. Morgan

DEPOSITION: JOHN W. LYNN.

I am 55 years old. I live on Blackburn's fork near Roaring River. I am a farmer.

I married his [J. J. Mercer's] granddaughter.

T. J. Mercer, my father-in-law . . .

Quest. Say whether or not J. J. Mercer had a sister named Manerva who lived with him at the time of his death? How long did she live after the death of her brother?

Ans. Yes, he had a sister there by that name that lived with him. I don't remember how long she lived after J. J. Mercer's death. But I guess a year, maybe two years.

Quest. Did or not James Mercer, a son of T. J. Mercer and grandson of J. J. Mercer, live with J. J. Mercer at the time of his death?

Ans. I think he did. That is my recollection.

/s/ John W. Lynn

DEPOSITION: J. A. LOFTIS.

I am 55 years old. I live on Roaring River in the 9th District. I am a farmer.

I have known the farm for 35 years. I live in about a quarter of a mile from it. The River runs between my farm and the Mercer farm.

/s/ J. A. Loftis


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

New folder, but still a continuation of the previous cases. -bp.

Depositions taken: 22 Aug. 1912.

DEPOSITION: JOHN WILEY.

J. H. Wiley is my name; I am 60 years old. I live in the 9th Dist. of this county.

I don't own any land nor never did.

/s/ J. H. Wiley (his mark)

DEPOSITION: W. M. SMITH.

I live on Roaring River in the 6th Dist. of this county. I am a farmer on a small scale. I am 46 years old.

/s/ W. M. Smith

Depositions taken: 23 Aug. 1912.

DEPOSITION: W. B. ALLEN.

I am 36 years old. I live in the Sixth Dist. of this county and I am a farmer.

I bought [my farm] from two different parties. I bought part of it from Smith & Lundy for which I paid $275.00 I think is what I paid both of them. The other part I bought from Frank Brown at $220.00 I think. I bought it all about seven years ago. I live in the 6th District of this county. I own land in the 6th District of this county and in the 3rd District of Overton county. I don't know exactly how many acres I own, but I suppose I own about 100 acres.

/s/ W. B. Allen

DEPOSITION: A. B. SMITH.

I am about 47 years old. I live on Roaring River.

/s/ A. B. Smith

Deposition taken: 24 Aug. 1912.

DEPOSITION: THOMAS COFFEE.

I am 26 years old. I live in 6th Dist. of this county.

Thomas Coffee (his mark)

Depositions taken: 26, 28 & 29 Aug. 1912.

DEPOSITION: A. [ABB] J. PHARRIS.

I am 46 years old. I live in the 9th District of this county.

[Leroy Pharris and his wife Susan Pharris] were my father and mother.

The negro woman America had married and moved off.

Quest. When did your father die?

Ans. He died in 1902 is my recollection.

My father died in Feb. . .

She [Martha D. Mercer] died in April 20, 1910, if I am not mistaken.

My mother just had two children, me and my brother Will.

I was married the 25 day of July 29 years ago. I could count back and get the year but I can't give it now. I ain't no hand for dates.

Quest. Where did you live the first eight or ten years after you married?

Ans. If I am not mistaken, I lived on the ridge between Blackburn's fork and Roaring river.

Quest. On whose land?

Ans. I lived on my own part of the time, or all the time.

Quest. Where did you live the next seven or eight years?

Ans. I moved from my land on the ridge to Aunt Martha's . . .

I owned 66 2/3 acres was what they told me. It was thin land. I don't own it now. Dock Allen owns it now.

Quest. Since that time you have bought another farm, haven't you?

Ans. Yes, Sir.

. . . T. N. Berry, son of Gail Berry . . .

Quest. Is he [T. N. Berry] or not a preacher?

Ans. Yes, Sir.

He [T. N. Berry] was at my house one time. He came there to marry my daughter.

A. J. Pharris (his mark)

DEPOSITION: JACOB SCOTT.

Jake Scott (his mark)

Deposition taken: 8, 9, 10 & 15 Oct. 1912.

DEPOSITION: W. C. PHARRIS.

I am 48 years old. I live in the 9th District on Roaring River on the Mercer farm.

[Leroy Pharis and his wife Susan Pharis] are my parents.

Quest. Are they living or dead, and if dead, when did they die?

Ans. They are dead. Father died in Feb. 1903. Mother died since. She has been dead four or five years.

I lived with [Martha D. Mercer] about 18 years.

They [my parents] moved there [to live with Martha D. Mercer] in the spring of 1892.

Quest. Tell if you know why Mrs. Mercer procured your parents to move into the house with her to live with her . . .

Ans. I heard Mrs. Mercer say that they didn't have children and they could do anything that she wanted done, and she said she had known them a long time and knew them to be alright in every respect; and she thought they would be good hands to help take care of Polly Jane.

Quest. Give the names of the parties who constituted Martha D. Mercer's household at the time your parents agreed to go there to live.

Ans. Mrs. Mercer, George Walker (Col.) and his wife Merica (Col.) and Polly Jane Mercer.

Quest. Tell what you know of this negro George Walker and what became of him.

Ans. I don't know what became of him but Martha D. Mercer moved him away. She had him moved to a place called negro ridge--he was a bad negro. He would lay around and fox hunt and ride Aunt Martha's horses nearly to death. She said she had got afraid of him.

[Polly Jane] died in the fall. She died the 10th of Oct. 1902.

Quest. Where did you live when your father moved to Mrs. Mercer's?

Ans. I lived out between Blackburn's fork and Roaring river about four miles from there. I lived at my brother's. Made that my home and generally worked on the mountains.

Quest. How long after your father moved to Mrs. Martha D. Mercer's until you moved down on her farm?

Ans. I was on the mountain at work when he moved down there. I came down home in July, and married my second wife on the 10th of July and I suppose he moved there sometime in the spring before that. I moved there on the 18 of Oct. afterwards.

I never owned any land; don't own any now.

/s/ W. C. Pharis


NEW: BERRY, W. H. VS. BERRY, VARINDA.
CHANCERY, 1884.

THE BILL OF COMPLAINT OF W. H. BERRY AGAINST VERRINDA BERRY, both of Jackson Co. TN.

7 Jan. 1884.

. . . he and the defendant were intermarried in Jackson Co. TN about the [blank] day of Sept. 1878 and lived together as husband and wife up to about the [blank] day of [blank] 1880, about which time your orator was arrested and confined in jail of a charge of robbery. He was afterwards at the Jan. term 1881 at the Circuit Court of Jackson Co. tried and convicted and sentenced to the penitentiary for a period of ten years. But because of merits in his case he was afterwards on the [blank] day of Sept. 1882 fully pardoned by the Governor of the State and released from further imprisonment and thereupon at the Sept. term 1882 of the Circuit Court aforesaid, your orator was fully restored to all his former rights and privileges as a citizen of this State.

Your orator states that during his temporary absence aforesaid, the defendant was guilty as he is informed and believes of [unreadable] and repeated acts of adultery and fornication with one William Harp and probably others--and thereby became pregnant with child by said Harp as your orator has been informed by her and she was in that condition when he returned home from the State Prison and was delivered of male child within about four months after your orator returned home.

. . . when he found out she was pregnant he left her at once . . .

He asks for divorce -bp.

/s/ W. H. Berry


NEW: BILBREY, MARY E. VS. BILBREY, GEORGE.
CHANCERY, 1893.

DECREE.

21 Sept. 1893.

. . . defendant was . . . guilty of adultery with one Mary Minor and is now living in adultery with her . . . Flora Bilberey [Bilbrey], the child of the parties.

Divorce granted, custody of the child went to the mother. -bp.

THE BILL OF COMPLAINT OF MARY E. BILBREY of Jackson Co. TN against George Bilbrey of the State of Texas.

25 March 1893.

Complainant charges that she and defendant were married to each other 17 March 1878 in Clay Co. TN. They lived together as husband and wife until the fall of said year when the defendant willfully and maliciously abandoned complainant without any just cause and has never at any time provided for her since then. Some time during the next year or sooner he began an adulterous intercourse with one Mary Minor and shortly thereafter left the state with her. She is informed and charges that he now resides with said woman in the State of Texas.

As the result of said marriage, there was born to complainant a daughter, Flora, who is now about fourteen years old and is in her custody.

She asks for divorce and custody of the child. -bp.

/s/ Lizzie Bilbrey


NEW: BILLINGSLEY, F. N., GDN OF S. A. MEDLIN HEIRS.
COUNTY, 1911.

This is merely accounts of the Guardian. Heirs are not specifically named as such, but some names could be picked out of the accounts if one wished to. -bp.


NEW: BILLINGSLEY, J. L., GDN. OF EDWARD JACKSON HEIRS.
COUNTY, 1882.

One document mentions Amos G. Jackson heirs, which are not named. -bp.

ASSIGNMENT OF DOWER.

14 Nov. 1873.

. . . to Sarah Jackson, out of the lands of her late husband Edward Jackson, deceased . . . a tract or parcel of land with the erections thereon, to wit, . . . Thomas Billingsley southeast corner of a 50 acre tract . . . the Granville road . . . to the steam mill road . . . including a part of the farm mansion and out houses and spring, which is in our opinion equal to one third in value of all the lands that E. S. Jackson, deceased, died seized and possessed of.

Plat included.

SETTLEMENT.

24 Jan. 1891 and 1 March 1889.

. . . Gdn. of E. S., T. B. and W. A. Jackson, minor heirs of Edward Jackson, deceased . . .

SETTLEMENT.

18 Nov. 1886.

. . . Gdn. of E. S. Jackson, Breckenridge Jackson and W. H. Jackson, minor heirs of E. S. Jackson, deceased . . .

Note: It does say W. A. Jackson in most of the documents, but W. H. in the settlement of 18 Nov. 1886. -bp.


NEW: BIRDWELL, A. O., ADMR. OF BIRDWELL, B. F.
COUNTY, 1902.

SETTLEMENT.

26 June 1903.

. . . F. E. Birdwell, as Guardian of F. W. Birdwell, Wheeler Birdwell and Lena Hannah Minor, heirs of B. F. Birdwell, deceased . . .

REPORT OF SALE of land of B. F. Birdwell, deceased.

1 July 1899.

. . . sold a certain tract or parcel of land in the 12th Civil District of Jackson Co. TN, lying an bounded as follows . . . John Davidson . . .James Billingsley . . . Josiah Birdwell . . .E. S. Jackson . . . L. C. Flatt . . . Luke Jackson, containing 130 acres more or less.

Purchased by A. O. Birdwell.

THE BILL OF COMPLAINT of A. O. Birdwell, administrator of B. F. Birdwell, deceased, a citizen of Jackson Co. TN against Dan Davis and his wife Bammie Davis, Thomas Birdwell, Wheeler Birdwell, Linnie Birdwell, L. D. West, Robert West, Otha West and Nannie West, Caleb Birdwell, Tilmon Birdwell, Tilford Birdwell, Sewel Birdwell, and Benjamin Birdwell, T. E. Birdwell, Guardian, all residents of Jackson Co. TN.

10 April 1899.

. . . B. F. Birdwell died intestate in Jackson Co. TN on the [blank] day of [blank] 1898, and your petitioner was appointed administrator of his estate by the County Court at it's April term 1898, that the defendants are the children and grandchildren and heirs at law of B. F. Birdwell, deceased, except defendants Dan Davis who intermarried with Bammie, a daughter of deceased, and L. D. West who married Aletha Birdwell, a daughter of deceased and who died since her father, and surviving as her only children and heirs at law, defendants Robert West, Otha West and Nannie West, all of whom are minors and at present without general guardian. Thomas Birdwell, Wheeler Birdwell and Linnie Birdwell are minor children of B. F. Birdwell, deceased, and T. E. Birdwell is their guardian. Defendants Caleb Birdwell, Tilmon Birdwell, Tilford Birdwell, Sewel Birdwell and Benjamin Birdwell are the only children and heirs at law of Jacob Birdwell, a son of B. F. Birdwell, deceased, who died some time before the death of his father; said children of Jacob Birdwell are all minors and at present without general guardian. The widow of B. F. Birdwell died soon after deceased.


NEW: BIRDWELL, GEO. W. VS. HAILE, JOSESPH.
CIRCUIT, 1877.

This is about a debt, and has nothing specifically genealogical. -bp.


NEW: BIRDWELL, G. W. VS. RAY, ELIZA ET. AL.
CHANCERY, 1904.

THE JOINT AND SEPARATE ANSWER OF A. M. HALL, BEDFORD HALL, RADFORD HALL, SIMPSON HALL, BURTON JOHNSON AND HIS WIFE SARAH JOHNSON, JOSEPH LEE AND HIS WIFE ROSIE LEE, WILLIAM MOSS AND HIS WIFE MARY MOSS, TO THE BILL OF COMPLAINT OF G. W. BIRDWELL . . .

Filed 27 Dec. 1904.

. . . upon the death of said testator, Richard Scott, which occurred at this home, on the land in controversy, on the [blank] day of May 1880 . . .

. . . until her [Nancy J. Scott, widow of Richard Scott] death, which occurred on said land on July 19, 1904 . . .

They deny that Alex Scot is, or was, the brother of Richard Scott, deceased, or that said Alex Scott is, or was, his next of kin.

Deposition taken: 26 Sept. 1905.

DEPOSITION: JOHN H. SAVAGE SMITH.

I am 53 years of age and I live in the 6th Civil Dist. of Jackson Co.

I lived with him [R. P. Scott] 2 years.

I had a conversation with him [R. P. Scott] about his parents while I lived there. While I was living there he fixed to go out and see what he said was his only brother. He went and was gone about ten days and in the conversation he said that his mother's name was Docia Gordon before she married and that his father's name was Thomas Scott.

He said that his mother and father parted or separated and that him and his brother were bound out--I don't know whether it was before they went to Kentucky or not. His brother's name was Alexander Scott. At the time he was bound out he was seven years old and his brother was five years old.

I was well acquainted with old Aunt Betsy Gordon. I was also acquainted with Aunt Betsy's half brother's Rile and Carrol Gordon. Was also acquainted with her half sister; her name was Ragland. Aunt Betsy Gordon was a sister to R. P. Scott's mother.

/s/ John H. Savage Smith

Deposition taken: probably Sept. 1907.

DEPOSITION: B. P. SAVAGE.

46 years [old] 13 day of Oct. I am a farmer, reside in the 13th Dist. of this county.

Well, I've known the farm [the R. P. Scott farm] for ten years. I lived within a little over a mile now for the last sixteen or seventeen years.

I rented land from Mr. Birdwell ever since I've known the place.

/s/ B. P. Savage

Deposition taken: 1907, probably Sept.

DEPOSITION: GEORGE HANCOCK.

I am 23 years old. I am a farmer. I live in Lock's Branch, 13 Dist. of this county.

I don't live over five or six hundred yards [from the farm in dispute] I don't suppose. It will be seven years along about next Christmas [that he has lived there].

/s/ G. A. Hancock

Deposition taken: probably 5 Sept. 1907.

DEPOSITION: J. W. HAWKINS.

I am 37 years old. I live on Lock's branch in the 8th Dist. I am a farmer. I live on what is called the Nancy Scott and R. P. Scott farm, being the farm involved in this suit.

Quest. How long have you lived on said farm?

Ans. Since last Jan.

Quest. Do you own any land?

Ans. Yes, sir.

J. W. Hawkins (his mark)

Depositions taken: probably Sept. 1907.

DEPOSITION: A. L. FLYNN.

/s/ A. L. Flynn

DEPOSITION: MAJOR FLYNN.

I am 33 years old. I live in the Moon bottom in the 1st Dist. of this county. I am a farmer.

/s/ Major Flynn

DEPOSITION: ISAAC MERITT.

I am near 64 years old. I live near Gainesboro. I am blacksmith.

I lived adjoining it [the farm in dispute] for four years and moved away some seven or eight years ago and have not been there since.

/s/ Isaac Meritt

DEPOSITION: D. R. CROWDER.

I am 31 years old. I live on Webster creek in the 8th District of this county. I work at farming mostly. I know where the Nancy Scott farm is. Have known it since I was a boy.

/s/ D. R. Crowder

DEPOSITION: C. T. HARRISON.

I am near 30 years old. I live in the 13th District of Jackson Co. I am a picture agent at present.

/s/ C. T. Harrison

DEPOSITION: J. A. HARLEY.

I am near 25 years old. I live in 13th Dist. of this county. I am a farmer.

/s/ J. H. Harley

Note: The initial is definitely an A in the title, and definitely an H in the signature. -bp.

DEPOSITION: RAD SPIVEY.

/s/ Rad Spivey

DEPOSITION: JAMES HAWKINS.

I am 72 years old. I live at the mouth of Lock's branch. I am a farmer.

My son, Jim Hawkins, lives on it now [the farm in dispute].

James Hawkins (his mark)

DECREE.

Be it remembered that this cause came to be heard before the Hon. D. L. Lausden, Chancellor presiding on this the 8th day of June 1906 upon bill, answer of all the defendants and the entire proceeding and the proof taken when the Court is of the opinion and so adjudges and decrees that Richard Scott, under whom both parties claim title, died intestate in Jackson Co. TN on the 10 day of May 1880, on the lands hereinafter described, which lands are worth less than $1400.00 and that he left surviving him a widow, Nancy J. Scott, who continued to reside on said lands until her death which occurred on the 19th day of July 1904. The said Richard Scott also left surviving him a legitimate brother named Alexander Scott, who upon the death of the said Richard Scott became his only heir at law and who inherited the lands hereinafter described as said heir at law.

It further appearing to the Court that after the death of the said Richard Scott, to wit on the 10 day of Aug. 1903, the said A. C. Scott by deed transferred, conveyed and delivered for a valuable consideration to one W. F. Church all his right, title and interest and claim in and to all the lands that descended to him from Richard Scott, which lands are hereinafter described and on Sept. 24, 1903 the said W. F. Church transferred, conveyed and delivered for a valuable consideration to complt. G. W. Birdwell said lands.

It further appeared to the Court that on the 7th day of June 1880 a certain paper writing purporting to be a nuncupative will of Richard Scott, then deceased, which was on motion of Nancy J. Scott admitted to probate in common form in the County Court of Jackson Co. TN, which instrument purports to be the declarations of the said Richard Scott which he made to the subscribing witnesses before his death and was after his death reduced to writing for the witnesses at the time shown by said probate, which instrument shows that the said Richard Scott desired and intended the real estate hereinafter described to go to Nancy Scott, his widow, after his death as her absolute property.

It further appeared to the Court that on the 18th day of Feb. 1882 Nancy Scott, by an instrument purporting to be her will, was executed, which will was on the 1 day of Aug. 1904 probated in common form in the County Court of Jackson Co. TN, which will attempted to devise the lands hereinafter described to one Nancy Hall, who is now dead, and the defendants herein are her heirs at law.

The Court decrees that the nuncupative will aforesaid is and was a nullity, in so far as it attempted to bequeath the land therein described and was inoperative for any purpose and that it did not have the effect to give the said Nancy Scott a color of title as to ripen her title into a fee simple title after the lapse of seven or twenty years, but that she, the said Nancy Scott, was entitled to and did hold the possession of said land as a homestead from the date of Richard Scott's death to her death in 1904, at which latter date the life estate of Nancy Scott fell and expired and at this date the right to the possession, use and occupancy of said land and in fee simple title, vested in and accrued to complt. under his conveyances, and since which time complt. has been entitled to the rents and profits of said land from the defts. who have been illegally and unlawfully possessed of same.

The Court therefore decrees that the nuncupative will of Richard Scott to Nancy Scott herein referred to and the will of Nancy Scott to Nancy Hall should be cancelled and held for naught so far as they attempt to convey the title to said lands is concerned and it is decreed that they be removed as a cloud upon complts. title to said lands.

The Court further orders, adjudges and decrees that the complainant Geo. W. Birdwell recover from the defendants the following described lands in fee simple, being the same lands described in the bill and the Deeds from A. C. Scott to W. F. Church and from W. F. Church to Geo. W. Birdwell.

Lying in the 8th Civil District of Jackson Co. TN, Bounded on the north by the lands of G. W. Birdwell, on the south by the lands of Jonas Spivy, on the east by the lands of Geo. Masters, on the west by the lands of G. W. Birdwell, containing 100 acres more or less.

. . .

This was appealed to the Tennessee Supreme Court. -bp.

Depositions taken: no date.

DEPOSITION: J. D. WATSON.

[Richard Scott] used to come over to his Uncle Lish Sanders a good deal. I have heard him say that Mrs. Sally Sanders was his aunt, and she was a Gordon. He claimed that he was half Gordon.

J. D. Watson (his mark)

DEPOSITION: JOHN BROWN.

I am 72 years old. I live in 8th District of Jackson Co.

I knew [Richard Scott] from the time he came out of the Mexican War until he died.

I knew Betty Gordon well and I have seen Lottie Gordon; the one who is said to be Tom Scott's wife, I don't reckon I ever saw her. I also knew Rial and Carell [Carroll] and Dunk Gordon.

Quest. Did you know Alex Scott?

Ans. I have seen him a few times.

Quest. Was he a brother of Rich Scott?

Ans. That was my understanding from the old folks.

Quest. Was they sons of Tom Scott?

Ans. That is what my old uncles and aunt and the old folks said about it.

It just seems to me like [Betty Gordon] said two of her sisters married; one married Green Hutchison, the other Tom Scott.

John Brown (his mark)

DEPOSITION: JOHN H. PROCTOR.

I am 59 years of age.

I live in the 6th District of Jackson Co. TN.

Quest. Where did you live before you moved to where you now live?

Ans. On Jennings Creek in the 13th District of this county.

Quest. Who was your father and mother and are they living or dead?

Ans. John Proctor and Polly or Mary Proctor. They are both dead.

Part of the Gordon family used to live in the hollow above where we lived.

Quest. Which ones lived there?

Ans. Harris [?] and [unreadable] Gordon.

He says Richard was said to be a bastard and had a half brother, whose name might be Alex. -bp.

My sisters, Nancy and Ibby.

Nancy is dead. Ibby lives in Kentucky.

John H. Proctor (his mark)

DEPOSITION: W. D. MC COIN.

I am 73 years old. I live at Pacific TN.

I was raised near the mouth of Jennings [?] Creek in Jackson Co. TN.

It was generally understood that he [Richard Scott] was an illegitimate child--a bastard. I never heard anything else.

I have always understood that he had a half brother by the name of Scott.

Quest. Who was Richard Scott's wife before she married?

Ans. Nancy Van Hooser.

I know that Nancy Van Hooser was regarded as one of the nicest, most modest young women in the country. She lived to be an old maid before she was married and I heard a good deal said about her marrying a bastard.

/s/ W. D. McCoin

DEED.

9 Aug. 1849.

John Moss of Jackson Co. TN sells to Richmon P. Scott a parcel of land for $100, in Jackson Co. TN on the north side of Cumberland River on Lock's branch, 25 acres. -bp.

Deposition taken: no date.

DEPOSITION: A. M. HALL.

I am 47 years old. I live in the 13th Dist. of this county and a farmer by occupation.

Quest. Are you one of the defendants in this case?

Ans. Yes, Sir.

Quest. Who was your mother?

Ans. Nancy Minor. She married James H. Hall.

Quest. Is she dead or alive?

Ans. She is dead.

Quest. Give the names of her children and heirs and also the names of the husbands of the girls.

Ans. Sarah who married Birt Johnson, Mary who married Billie Moss, A. M. Hall, S. T. Hall, Martha who married Jim Langford, who is dead without heirs. Bell Hall who is also dead. J. B. Hall, Radford Hall, Rosa who married Joseph Lee.

Nancy Scott is my mother's aunt.

/s/ A. M. Hall

Deposition taken: 1 April 1905.

DEPOSITION: NEWTON MOORE.

I am 79 years old. I live in the 1st District of this county on the north side of Cumberland River. I knew R. P. Scott. I was with him in the Mexican War. We were both in the same Company.

I knew him before we went to Mexico.

A good majority of the people I think held them [Richard and Alex Scott] as illegitimate children.

I am 79 years old, lacking a few days.

I lived pretty well all my life in Jackson County on the North Side of Cumberland River.

I have been away from the county three years of the time.

Richard Gordon was Scott's grandfather, as I understood it.

Quest. Was one woman the mother of Rich and Alex Scott?

Ans. That has been my understanding all the time.

/s/ Newton Moore.

Deposition taken: no date.

DEPOSITION: JOHN H. CHAFFIN.

I am 61 years old and am Clerk of the County Court of Jackson Co.

Quest. How long have you held said position . . .?

Ans. It will be four years.

/s/ J. H. Chaffin

TENNESSEE SUPREME COURT DECREE.

14 Jan. 1907

. . . in the decree of the Court of Chancery Appeals, affirming the decree of the Chancellor, there is no error . . .

It is therefore ordered, adjudged and decreed by the Court that the decree of the Chancellor in this case of June 8, 1906 be in all things affirmed.

Deposition taken: 28 April 1906 in Sumner Co. TN.

DEPOSITION: NEWTON MOORE.

I am 80 years old and reside about three miles south of Gallatin TN.

Quest. I see from your former deposition upon cross examination that you was asked this question, "what was the reputation and understanding in the community as to whether Alex and Richard Scott were legitimate or illegitimate children" and your answer to that question is as follows, "a good majority of the people I think held them as illegitimate children". State whether or not you intended at the time to make the answer as you did, and if not, what is your answer to the question as you understand it?

Ans. I did not aim to make that statement--my understanding was always that they were legitimate children.

Quest. Then your understanding was in the community among the old people and others that they were legitimate children of Tom Scott and his wife Docia?

Ans. Yes, Sir.

Quest. I will get you to state if you ever at any time heard the character of Docia Scott formerly Gordon for chastity and virtue ever questioned?

Ans. Not that I recollect of.

Quest. State whether or not it was the reputation in the community where Richard Gordon and his family lived that Tom Scott and Docia Gordon were married?

Ans. It was--that was my understanding and that was the reputation in the community where I lived and where Richard Gordon lived.

Quest. State whether or not it was also the reputation among the old people who are now dead that Richard Scott and Alex Scott were brothers and were sons of Thomas Scott and Docia Scott (formerly Gordon)?

Ans. That was always my understanding that was the reputation.

Quest. How long did you and Richard Scott serve together in the Mexican War?

Ans. We enlisted in Sept. 1847 and discharged in Aug. 1848 and we served together during that time and were mess mates.

Denton Moore was my father's name and he died about the year 1873 in Jackson Co. TN. [At the time of his death] he lacked from June until Aug. of being 75 years old. He was born in North Carolina about the year 1797.

/s/ Newton Moore

Deposition taken: no date [filed 10 Sept. 1907].

DEPOSITION: R. K. HAWKINS.

I am 57 years old.

I live on Jennings Creek, 13th District.

Quest. Do you know the lands involved in this cause known as the Nancy Scott land on Lock's branch?

Ans. I reckon I do. I lived on it two years.

Quest. How long since you lived on it?

Ans. It has been something like 14 years I reckon. I rented from old man McCoin over here in the Free State, just above the ferry, for six years. . . I rented from Harve Lee on Jennings Creek one year . . . I think I rented from Jim Mayton in Big bottom, part of the McGlasson place . . .

Quest. For how long have you been renting lands?

Ans. Ever since I have been a man.

The year 1904 I lived on Quarles' land in the 13th District and 1905 & 6 I lived on P. Herrod's land in 13th District.

/s/ R. K. Hawkins

DEPOSITION: W. M. HANCOCK.

I am nearly 46 years old. I live on Lock's branch. My land adjoins the land involved in this suit.

I have lived where I now live nearly eight years.

W. M. Hancock (his mark0

DEPOSITION: JONAS SPIVA.

I am 55 years old. I live in the 8th District of this county. My land adjoins the Nancy Scott land. I have lived there about 19 years.

/s/ Jonas Spivy

DEPOSITION: BEN HIX.

I am 40 years old as I understand. I live on Cumberland River above Gainesboro about a mile from the lands asked about. I have lived at this place for nearly two years.

Quest. Do you know the Nancy Scott lands . . .?

Ans. I used to live there. I lived on it three years. It has been eleven years since I moved on it.

Ben Hix (his mark)

DEPOSITION: A. J. MOSS.

I am 46 years old. I live in the 8th District of this county. I lived on and cultivated the land [in this suit] the years 1902, 1903, 1904, 1905 and 1906. I never tended all the land. Three years I subrented part of it to Jonas Spivey.

/s/ A. J. Moss

DEPOSITION: PERRY CROWDER.

I live in the 8th District of this county. I am 45 years old.

Perry Crowder (his mark)

Depositions taken: 26 April 1906.

DEPOSITION: W. F. [FLOYD] MAXWELL.

I am 54 years old, or will be shortly. I live in the 6th District of Jackson Co. on the Gainesboro road.

Quest. Did you know Billy Shepherd and is he living or dead?

Ans. I knew him and I understand he is dead.

Quest. Was or not he a very old man when he died?

Ans. Yes, he was an old man.

Quest. Did you ever hear Billy Shepherd say anything about Rich Scott's father, Tom Scott's, marriage, if so, what he said and who was present?

Ans. I never heard him say anything about Rich Scott's father. He didn't bring it around that way. I heard him speak about Tom Scott marrying, and said he was at the wedding. He said that Tom Scott and his wife danced barefooted in the floor and that he went to bed in his shirttail.

Quest. Did he say who Tom Scott married?

Ans. My impression is that it was a Gordon. I would not be certain about it.

Quest. What had occurred that caused you to remember this conversation, if anything?

Ans. Old man Bill Shepherd and his wife had parted and these men, Ab Smith, Eps Givens and Tom Hix had gotten up a compromise between him and his wife.

They are all dead.

Quest. For how long has Bill Shepherd been dead?

Ans. I don't remember. I guess about twenty years.

W. F. Maxwell (his mark)

DEPOSITION: JONAS SPIVA [SPIVEY]

/s/ Jonas Spivey

DEPOSITION: A. J. MOSS.

/s/ A. J. Moss

Depositions taken: 17 Oct. 1904.

DEPOSITION: ELLEN DRAPER.

I am 79 next April.

I was raised in Jackson Co. and have lived here all my life except one year.

I lived there [on Lock's branch] from 1857 and lived there until 1866.

. . . Rich Gordon or Rich Scott that they called him by first one name and then the other.

Quest. Did you know his [Richard Scott's] mother personally?

Ans. No, Sir. I have only heard of her.

Quest. What name did she go by in this community?

Ans. She was always called Docia Gordon--sometimes they would call her old Docia.

Ellen Draper (her mark)

DEPOSITION: NANCY D. GRIFFITH.

73 years of age last April.

Quest. Have you lived on Jennings creek and in this vicinity all of your life?

Ans. Yes, up to the Civil War when I left here and was away for fifteen years.

[Richard Scott's mother] was a mighty bad woman, that was the way she was reported to be. Her general character was that of a lewd woman. I never heard her counted as anything else.

She believes Richard Scott was illegitimate. -bp.

Nancy D. Griffith (her mark)

Depositions taken: 14 June 1905.

DEPOSITION: WILLIAM HARRIS.

I am 80 years old. [Live] near Meigsville in the 8th Civil District of Jackson Co. TN. I have lived in the neighborhood of Meigsville ever since 1834.

Quest. Did you know Richard Gordon, the father of Docia Gordon, in his lifetime? If so, how near did you live to him?

Ans. Yes, I was well acquainted with him. He was called Dick Gordon. I lived in about three miles of him.

[Docia Gordon] never was [married] so far as I ever heard or know.

Quest. Did she have any children? If so, give their names.

Ans. I was very well acquainted with Rich Scott and I have seen Alex Scott and there was said to be a girl but I don't remember her. I know nothing about it except from hearsay. They were said to be Docia Gordon's children.

My understanding is that [Docia Gordon] went to KY.

/s/ William Harris

DEPOSITION: SALLIE SMITH.

I will be 66 years old next Oct.

Quest. How long have you lived in the neighborhood of Meigsville.

Ans. I was born and raised in this neighborhood and have lived here all my life.

Quest. Did you know old man Richard Gordon who was known as Dick Gordon?

Ans. Yes, he was my grandfather. I was small when he died.

Quest. Was this Richard Gordon the father of one or more daughters? If so, say what their names were.

Ans. I don't know whether I can name them all or not. There was Docia and Betsy and Polly. He had two sets of children, another named Lottie, Sallie, Abbie, Nancy, Peggy and Emily. I don't know whether these are all or not.

Quest. Who was your father? Whose son was he?

Ans. Ryal Gordon. He was a son of Richard Gordon.

Quest. What relation was he to Docia Gordon?

Ans. Half brother, they told me.

Quest. Is your father living or dead?

Ans. He is dead.

/s/ Sallie Smith

DEPOSITION: MILLIE SHEPHERD.

59 years old last Feb.

Quest. What was your father's name?

Ans. Wm. Caroll Gordon.

Quest. Whose son was he?

Ans. Dick Gordon.

Quest. What was your mother's name?

Ans. Elizabeth Gordon.

Quest. Is she living or dead?

Ans. She is dead.

[Docia Gordon] was a single woman is the way I always understood it. . . she was known as a base woman.

[Docia] was older than my father.

Quest. How old would your father be if living?

Ans. I don't remember. He has been dead 18 years and he was 65 when he died.

Quest. Have you any brothers or sisters?

Ans. One brother and one sister [sic].

Quest. Are you the oldest child?

Ans. There are four older than me and three younger. Eight in all.

Quest. How much older than you is the oldest?

Ans. I don't know exactly. The oldest would have been 67 last Dec.

Quest. Did you know Rich and Alex Scott?

Ans. I knew Rich and his half sister Samantha, but I never knew Alex.

Quest. Is Rich's half sister living or dead?

Ans. I don't know. She went off from here and I don't know what became of her.

Quest. Was she younger or older than you?

Ans. She was older. She was grown and had a family when I was a little child . . . I was nothing but a child when she left.

Quest. Was Rich and Alex always understood to be Docia's children?

Ans. Yes.

Milard Shepard (her mark)

Deposition taken: 18 Oct. 1904.

DEPOSITION: MARGARETT J. ABNEY.

I am 74 years old.

Quest. What was your father's name?

Ans. Richard Gordon.

[Docia Gordon] was my half sister, so I am told.

Quest. Was she also a daughter of Richard Gordon?

Ans. I don't know. I have been told that she was.

Quest. Didn't your father recognize her as his daughter?

Ans. Yes.

Quest. How many children did Docia Gordon have and what were their names?

Ans. I have heard them say that she had three children--Alex, Richard and Samantha. I don't know this, but I have heard my mother [say] so.

. . . Docia's sister Betsy Gordon . . .

I never heard of her [Docia] being married.

Quest. Did you ever see Docia Gordon's daughter Samantha that you speak of?

Ans. Yes, Sir.

Quest. When did you last see her?

Ans. Not since the Civil War.

Quest. Do you know whether she is living or dead?

Ans. No, I do not. She married and went down the river in a boat.

Quest. Did she have any children when she left here?

Ans. No.

Quest. Did Rich and Alex Scott recognize each other as brothers?

Ans. Yes.

Quest. Did they go by any other name but Scott?

Ans. No. I never heard them called anything else but Scott.

Quest. Who did Rich Scott get that land of and how did he pay for it?

Ans. He got it of my brother I recon and paid for it with his pension he got after he came out of the Mexican War.

/s/ M. J. Abney

Depositions taken: 28 March 1906.

DEPOSITION: RAINY MOSS.

I understand from Elizabeth, Lotty and Jim Gordon, these were uncle and aunts of R. J.[sic] Scott and that R. J. [sic] Scott's father and mother were married. After the birth of Alex Scott and R. J. [sic] Scott, their mother and father was parted. After this she gave birth to one girl child called Samantha and was said to be half sister to the above named boys.

/s/ R. D. Moss

DEPOSITION: JANE MOSS.

I knew them [Rich and Nancy Scott] both, and lived with them 21 years. [This number is blurred, could be 27 years. -bp.]

Quest. Which one of them was the oldest?

Ans. Nancy Scott was the oldest.

Quest. State what you heard her say about her husband's father and mother.

Ans. I have heard her say that they was married, afterwards did separate.

. . . after their parents separated and their mother died they was bound out.

/s/ Jane Moss

Deposition taken: 2 Sept. 1904 at Glasgow KY.

DEPOSITION: A. C. SCOTT.

My name is Alexander Carroll Scott. I was 82 years of age the 2nd day of last March and live near Glasgow in Barren Co. KY.

Quest. How long have you lived in Barren Co. KY?

Ans. Ever since 1859 with the exception of one year during which I lived in Bowling Green KY.

I knew [Rich Scott]. He was my brother, so my mama said.

Quest. Have you any other brothers or sisters?

Ans. No.

Quest. Did your brother Rich Scott have any children?

Ans. None at home and none abroad that I know of.

He married. Her name was Nancy M. Van Hooser before she married R. P. Scott.

Quest. What was your father's name?

Ans. Thomas Scott.

Quest. Which was the oldest, you or your brother Rich Scott?

Ans. I was two years the oldest.

Quest. What was your mother's name?

Ans. Dosie Gordon.

My mother said she was married to Thomas Scott and have heard others say so too. My old aunt, my mother's sister, said they was married. Betsy Gordon was my aunt's name and she is dead.

They told me they was married in Jackson Co. TN. I can' tell when.

Quest. What became of your father, Thomas Scott?

Ans. He left my mother and went to Illinois and died there.

He says he knows nothing of a half sister. -bp.

Quest. When did your mother die and where?

Ans. She died in Barren Co. KY and was only twenty [?] years old when she died. [This number is nearly impossible to read. It is written in script, and looks somewhat like seventy, but that is not possible. It is most likely twenty. -bp]

Quest. Was you living with her at the time of her death?

Ans. Yes.

Quest. Who raised you and your brother after your mother's death and where did you live until you was grown?

Ans. We was bound out to a man named Jerry Bailey, ten miles out of Glasgow KY.

I was told I was seven years old when my mother came to KY.

Quest. How long did you remain in KY until she died?

Ans. But a few weeks.

/s/ A. C. Scott

DEPOSITION: W. T. CHURCH.

I am 41 years of age and I reside in Barren Co. KY.

DEPOSITION: F. M. BAILY.

I am 63 years old and live in the 8th District of Jackson Co. TN.

. . . Jane Smith, now Mrs. Jane Moss . . .

The report was that his brother Alex killed a man. I heard Rich talk of the circumstances a great deal.

/s/ F. M. Bailey

DEPOSITION: R. D. MOSS.

I don't know my age exactly. I have been in this district for seventy years, day after tomorrow. I live on Sugar creek in the 8th District of Jackson Co. TN.

I first got acquainted with him [Rich Scott] somewhere about 1840 or 1845, along there somewhere.

He had a brother, Alex, as I was always informed.

I have heard him speak of his mother. I took it for granted from his talk that he never knew anything else but what his parents were married. He told me that he went to see his father in Illinois.

He had two aunts, Betsy and Lottie, who said they was older than his mother. They always said that their mother [the mother of Alex and Rich] was married and that they had two children, Alex and Rich, and that they were lawful children and that the daughter was not.

/s/ R. D. Moss

DEPOSITION: MRS. JANE MOSS.

I am 54 years old. I am the wife of R. D. Moss.

Quest. When did Rich Scott die?

Ans. On May 10, 1880.

[Rich Scott] said his mother and father was married and that his father left his mother and that afterwards his mother died and he and his brother were bound out after his mother died. He said he was bound out for seven year old, but his Aunt Betsy said he was only five year old.

I think he [Rich Scott] was born in 1824.

Jane Moss (her mark)

DEPOSITION: A. J. MOSS.

44 years old. I live on the land in controversy.

Quest. When did Nancy Scott die?

Ans. The 24th of July or the 25th, last year, 1904.

/s/ A. J. Moss

WILL.

18 Feb. 1882.

I, Nancy M. Scott, now in the 68 year of my age . . .

She bequeaths a large amount of personal property to Mary J. Smith, which she is not to receive unless she remains with Nancy Scott during her life. The remainder of her property, both personal and real, is to go to Nancy Hall, wife of James H. Hall. -bp.

 

NUNCUPATIVE WILL OF R. P. SCOTT.

R. P. Scott . . . departed this life at his residence in Civil District No. 8 of said [Jackson] county on the 10th day of May, 1880.

. . . it is my desire and will that she [his wife] have absolutely and in her own right all of my estate, property and effects, both real and personal . . .

The will was made verbally to James H. Hall and Isaac F. Adcock. -bp.


NEW: BIRDWELL, G. W. & OTHERS. TRUST DEED TO BOTTS, W. H.
1875.

G. W. Birdwell, J. A. M. Birdwell and W. H. Birdwell, who all live on the same farm, make a deed of trust to W. H. Botts, because of a debt. -bp.


NEW: BIRDWELL, G. W. VS. BRACEY, F. E. ET. AL.
CHANCERY, 1913.

F. E. Bracey & Co. was contracted with by the Jackson County Roads Commissioners to build some roads. This case is a dispute about the location of a road. -bp.


NEW: BIRDWELL, GEO. W. VS. PROCTOR, JOHN H. ET. AL.
CIRCUIT, 1876.

This is a case about trespass. Nothing specifically genealogical. -bp.


NEW: BIRDWELL, J. M., GRDN. VS. BIRDWELL, HARMON.
CHANCERY, 1906.

Deposition taken: 8 June 1908.

DEPOSITION: W. A. JACKSON.

I am County Surveyor of Jackson County.

I am acquainted with the land involved in this case. . . It is located in the 12th District of Jackson Co. When I first knew said tract of land, which was 35 years ago, old man Jefferson Johnson lived on it at that time and continued to live on and control said land and used it as his own up to something like twelve or fifteen years ago. I don't know anything about his title. In 1892, July 18, old man Jefferson Johnson made a deed of gift of said land to L. D. Johnson, his son . . . I see a warranty deed from L. D. Johnson and wife dated March 5th 1904 in which they convey said land or 147 1/2 acres more or less to Lafayette Kirby and assignees. On the 11th day of Nov. 1907 said Lafayette Kirby and wife conveyed said land, or 95 acres, by warrantee deed to Harmon Birdwell . . . Kirby having sold the balance of the land to A. P. Young.

. . . said land is bounded as follows [1908] . . . U. H. Young's & M. B. Johnson's corner . . . J. T. Pippin's corner . . .Pippin's & Loftis' line . . .the Spring branch . . .A. P. Young's corner . . .Flatt's line . . .U. H. Young's line . . .

/s/ W. A. Jackson

Depositions taken: no date.

DEPOSITION: J. H. PIPPIN.

I am 36 years old. I reside in the 12th District of this county.

/s/ J. H. Pippin

DEPOSITION: J. W. CHAFFIN.

I am 35 years old.

/s/ J. W. Chaffin

DEPOSITION: JOHN W. YOUNG.

78 years old.

J. W. Young (his mark)

DEPOSITION: J. M. BIRDWELL.

Quest. State whether or not you are the Guardian of defendant Harmon Birdwell.

Ans. I am.

Quest. What is the age of Harmon Birdwell?

Ans. He will be five years old in next Nov.

SUMMARY: J. M. Birdwell has bought a tract of land with the funds of Harmon Birdwell, intended as an income producing investment for him. The question is whether this is an appropriate investment. -bp.


NEW: BIRDWELL, J. M., GRDN OF LOFTIS, FLORA.
COUNTY, 1914.

REPORT.

. . . Flora Loftis, minor heir of Johnny Loftis. . .


NEW: BIRDWELL, NANCY J. VS. BIRDWELL, D. J.
CHANCERY, 1893.

THE BILL OF COMPLAINT OF NANCY J. BIRDWELL AGAINST D. J. BIRDWELL, both of Jackson Co. TN.

28 Feb. 1893.

. . . she and the defendant, D. J. Birdwell, were married to each other on the 6 day of March, 1889, in said county and state.

She states that they have no children, as the issue of their marriage with aforesaid. She states that they lived together as man and wife for about the period of three months, when the defendant left your orator without any cause whatever upon her part. And so remained for a period of about 17 or 18 months; after this time the defendant returned and entreated and importuned with your oratrix that she would again receive him back as her husband, that he would be true, good and kind to her . . .She states that they lived together as man and wife for about 14 months when again on the 23 day of Feb. 1893 the defendant, D. J. Birdwell, abandoned your oratrix . . .

She asks for divorce. -bp.


NEW: BIRDWELL, R. V. VS. GARRISON, R. A. ET. AL.
CHANCERY, 1915.

Property dispute. Nothing specifically genealogical.


NEW: BIRDWELL, T. S., TRUSTEE REPORT.
1878.

Land sold for taxes owed:

1. Assessed to James Davidson in the 1st Civil District, containing 50 acres, bound north by A. Hare, south by R. P. Brooks, east by A. M. Davidson, west by A. Dewitt, valued at $100. No bidder procured.

2. Five town lots assessed to Elizabeth Eaton's heirs in Gainesboro TN, valued at $700. R. P. Brooks bought three lots for taxes, costs and charges.

3. Assessed to S. S. Gray's heirs, 1002 acres in the 1st Civil District and bounded as follows: north by Burris, south by Norris & wife, east by R. Stafford, west by A. Williams, valued at $5000, unable to procure a bidder.

4. Assessed to J. W. Lock's heirs, consisting of 13 town lots in Gainesboro TN, valued at $1250, unable to procure a bidder.

5. Assessed to James Pharris' heirs, 50 acres in the 1st Civil District of Jackson Co. TN, bounded on the north by Toney, east by Pharris, south by E. Pharris, west by C. River [Cumberland river), valued at $1000; no bidders procured.

6. On town lot in the Town of Gainesboro whereon the Store house stood, formerly occupied by Howes & Stone, valued at $700; no bidders procured.

7. 90 acres assessed to Laura Buist in the 3rd Civil District of Jackson Co., bounded by the lands of Gore, Ramsey, Woodfolk and Kent, valued at $570. R. P. Brooks became the purchaser at the price of taxes, costs and charges.

8. Assessed to Micajah Duke, 500 acres in the 3rd Civil District of Jackson County bounded by the lands of Burton White and others, valued at $2500, no bidders procured.

9. Assessed to Joseph Meadows, 8 acres, valued at $35, lying in the 3rd Civil District of Jackson Co. TN; no bidders procured.

10. Assessed to Armstrong heirs, 50 acres lying in the 6th Civil District of Jackson Co. TN and known as the Frank Armstrong tract, valued at $50; no bidders procured.

11. Assessed to Jno. Bowles heirs, 50 acres lying in the 6th Civil District of Jackson Co. TN, bounded by the lands of G. W. Abney, Bowles and the Clay Co. line, valued at $150; no bidders procured.

12. Assessed to James C. Flatt, lying in the 6th Civil District of Jackson Co. TN, 100 acres, bounded by Hamilton, Adcock, Hooten and Hix, valued at $100; no bidders procured.

13. Assessed to Cox & Dewitt, 200 acres, lying in the 6th Civil District of Jackson Co. TN and bounded by the lands of Gore heirs & others, valued at $300. . . R. A. Cox having paid his half of his part of the taxes . . . R. A. Cox became the purchaser for taxes, costs and charges.

14. Assessed to Sarah Sanders, 50 acres lying in the 6th Civil District of Jackson Co. TN, bounded by the lands of Jessee Hooton, R. A. Cox and others, valued at $50; no bidders procured.

15. Assessed to Ferusson Griffith & Co., 950 acres valued at $1950, lying in the 8th Civil District of Jackson Co. TN, bounded by T. J. Rose, W. Bybee, Buck and T. C. Williamson, purchased by M. L. Gore, G. B. Murray and N. B. Young jointly for the price of the taxes, costs and charges.

16. Assessed to T. P. Smith [?], lying in the 9th Civil District of Jackson Co. TN, bounded by J. Hix, D. Allen and H. Smith, 400 acres valued at $500; no bidders procured.

17. Assessed to J. M. Custice, 66 acres, lying in the 9th Civil District of Jackson Co. TN, bounded by the lands of Hawkins, Johnson, Bostlett and Loftis, valued at $150; no bidders procured.

18. Assessed to Wm. H. Botts, 50 acres lying in the 10th Civil District of Jackson Co. TN, bounded by the lands of Sam Slyger and others, valued at $100; no bidders procured.

19. Assessed to Barthena Jones, 50 acres lying in the 10th Civil District of Jackson Co. TN, bounded north by Johnson, south by Young, east by Young and west by Montgomery, valued at $50; no bidders procured.

20. Assessed to R. M. Kinnard, 40 acres in District No. 10 of Jackson Co. TN, bounded on the north by Murray, south by Basham, east by Byres, west by Murray, valued at $105; no bidders procured.

21. Assessed to A. W. Dewitt, 50 acres, lying in the 11th Civil District of Jackson Co. TN, bounded by the lands of Skimehorn and others, valued at $250; no bidders procured.

22. Assessed to Thos. Brewington heirs in the 12th Civil District of Jackson Co. TN, containing 190 acres, bounded by the lands of P. Brewington, J. Brown, J. Brown and J. Jackson, valued at $300; no bidders procured.

23. Assessed to L. B. Settle heirs, 51 acres lying in the 12th Civil District of Jackson Co. TN, bounded by the lands of [blank], valued at $170; no bidders procured.


NEW: BIRDWELL, WM. T. VS. GAINES, THOMAS AND GAINES VS. BIRDWELL.
CIRCUIT, 1873.

Dispute about money due for labor. Nothing specifically genealogical.


NEW: BLACK, JOHN P. VS. MC ALPINE, DAVID J. ET. AL.
CHANCERY, 1866.

THE BILL OF COMPLAINT of John P. Black against David McAlpin, Alexander McAlpin and William F. Plumly, all of Jackson Co. TN.

No date.

About debts.


NEW: BLEVINS, ANNE VS. BLEVINS, A. H.
CHANCERY, 1866.

Depositions taken: 16 July 1866

DEPOSITION: J. A. HAMBY.

About the age of 19 years.

Report in the neighborhood is this: that defendant had formed an intimacy with a neighboring widow and in her company left the State.

Quest. Did general report say that he had almost quit home and taken up with said Mrs. Kindred before they, the defendant and widow, absconded?

Ans. That was the general remark among those who had the best right to know.

s/s J. A. Hamby

DEPOSITION: A. N. HAMBY.

22 years old.

Quest. Did you see a letter that the defendant wrote to the plaintiff from Indiana about June 1865?

Ans. I did.

/s/ A. N. Hamby

THE BILL OF COMPLAINT of Ann Eliza Blevins of Jackson Co. TN against Allen H. Blevins of the State of Indiana.

15 June 1866.

. . . about the [blank] day of [blank] 1859 she and the defendant intermarried in the County of Cumberland, State of Tennessee and lived in said County of Cumberland together until the Spring of 1865--before which time the defendant A. H. Blevins became very ill and abusive to petitioner and on one occasion struck her. Some twelve months before which time he had commenced visiting a widow lady who lived some three miles off by the name of Citha Kindred and spent the most of his time with her, visiting his family not more than one time every two or three weeks--after which time his treatment of petitioner was very abusive to complainant and finally in the spring of 1866 he pretended that it would be necessary for him to take his family and move to some other country as times had become very troublesome in that section and as he had been in the Federal Army and under that pretext commenced selling off his personal property and did sell the most of the same.

Petitioner did not suspect anything wrong was intended by said sale, but believed that he was intending to take Petitioner and her children . . . defendant succeeded in deceiving the petitioner as to his intentions, took the wagon and oxen to the said Citha Kindred's and loaded up her goods and took her and family to the State of Indiana.

. . . left Petitioner and her three children very little property, to wit: one horse, two cows, some household property, 400 acres of poor land not much improved worth about $300, one fifth undivided interest belonging to defendant as heir at law of Riley Blevins, deceased, all of which land lies in Cumberland Co. TN . . .

She has three small children by the defendant, to wit, Sally L., George W. and John W. Blevins, that her father, John W. Peters had removed from Cumberland Co. TN to Jackson Co. TN, that after she was abandoned by defendant . . . she removed from said county to Jackson Co. TN to her father's . . .

Asks for divorce and custody of her children.


NEW: BLYMER MFG. CO. ET. AL. VS. STAFFORD, J. W. ET. ALS.
CHANCERY, 1891.

THE BILL OF COMPLAINT OF BLYMEYER MANUFACTURING CO. & OF THE EAGLE INSURANCE CO., BOTH OF OHIO AGAINST JAMES W. STAFFORD, J. H. STAFFORD & W. H. YOUNG OF JACKSON CO. TN.

15 Sept. 1884.

Summary: The defendants contracted to purchase a steam engine and steam saw mill and gristmill. They paid part in cash down and the remainder in notes due. The notes have a balance unpaid and due. This equipment is situated on Doe creek. -bp.

Depositions taken: 29 Jan 1886 at Smith Co. TN.

DEPOSITION: A. A. SWOPE.

Aged 66 years.

I reside in Carthage, Smith Co. TN and have for the past twenty years and my chief avocation is the practice of the law, having been in it ever since the year 1847.

/s/ A. A. Swope

DEPOSITION: JOHN B. LUSTER.

Reside in Carthage, lawyer by profession and have practiced since 1865 more or less, in the courts of TN.

STATE OF TENNESSEE, SUPREME COURT OF ERRORS AND APPEALS.

10 Jan. 1895.

DECREE.

. . . the Court is of opinion that there was error in the decree of the Chancellor dismissing the bill, and it is ordered that the decree be reversed.

It is therefore adjudged and decreed that the Blymer Manufacturing Co. do recover of Jas. W. Stafford, J. H. Stafford and W. H. Young, the sum of $1011.25 and further that the Eagle Insurance Co. do likewise recover . . . $1011.25 . . . plus attorney's fees.


NEW: BLYTHE, J. M. AND OTHERS VS. PAGE, W. B. AND OTHERS.
CHANCERY, 1911.

AMENDED BILL OF COMPLAINT.

No date.

J. M. Blythe, Emma Blythe, Joe Cannon and his wife Sis Cannon, residents of Cheatham Co. TN, Fanny Clark and her husband John Clark, residents of Jackson Co. TN, George Cannon and his four children, [blank], [blank], [blank] and [blank] Cannon, residents of Putnam Co. TN against Jim Burgess and W. B. Page, residents of Jackson Co. TN.

The complainants respectfully show to the Court:

1. That on the 11th day of Oct. 1911 they filed their original bill in your honor's said Court, against the said defendants Jim Burgess and W. B. Page, alleging, among other things, that Elizabeth Burgess owned an interest in her father's estate, which she and her husband, Joseph Burgess, sold and her husband vested the proceeds in the tract of land described in the original bill and that it was agreed and understood between her and the said Joseph Burgess that her means were to be vested in said land and that the title was to be taken in her name, but in violation of this agreement the said Joseph Burgess, who had the title fixed, took the title in his own name, in violation of the trust reposed in him. And that many years ago Elizabeth Burgess died and that Joseph Burgess remarried and Joseph Burgess and his second wife, by two separate deeds, conveyed the tract of land described in the bill to the two defendants.

Said bill charges that Joseph Burgess, after the death of Elizabeth Burgess, held said tract of land as Trustee for the said Elizabeth Burgess, and probably by his marital rights. But said land descended at the death of Elizabeth Burgess to the complainants and Shirley Burgess and James Burgess, children and grandchildren of the said Elizabeth Burgess.

THE BILL OF COMPLAINT.

11 Oct. 1911.

. . . Mary Burgess, deceased, left only surviving her her daughter[s] Emma Blythe, Sis Cannon, Fannie Clark, Jodie Burgess, Parsette Cannon, deceased, who left surviving her four children. Shirley Burgess and Jim Burgess are the only heirs at law of Joe and Elizabeth Burgess, deceased, they being their children and grandchildren representing their deceased parent.

Complainants state and charge that their grandmother Elizabeth Burgesses maiden name was Vidatoe [Vitatoe] and after she married Joe Burgess she inherited from her father's estate an interest in a tract of land situated in Jackson Co. TN . . . Elizabeth Burgess and her husband contracted for the following tract of land, to wit, lying in the 5th Civil District of Jackson Co. TN . . . Pharris's corner . . . heirs of Leroy B. Settle, deceased . . . where Allen Manier now lives . . . the Cannon line . . . containing 114 1/2 acres more or less, from one Henry Carter . . . understood and agreed by Elizabeth and Joseph Burgess that the $350 that she was getting for her interest in her father's estate to be vested in the aforesaid tract of land . . . The deed was dated on the 7th day of Feb. 1870 and registered on that date.

Joseph Burgess died in 1911. -bp.


NEW: BOCKMAN, DORA VS. LEE, JOHN ET. AL.
CHANCERY, 1905.

BILL OF EXCEPTIONS.

No date, filed 24 July 1907.

COMPLAINANT: G. D. LEE.

I am one of the complainant's in this case.

COMPLAINANT: DORA BAWKMAN.

COMPLAINANT: M. O. LEE, wife of G. D. Lee.

WITNESS: W. W. DRAPER, solr.

DEFENDANT: JOHN LEE.

Disbrell Lee stated to me that he had a right to compromise said case for his wife and Dora Bawkman, his sister-in-law.

WITNESS: DON SMITH.

Stated he was a notary public. -bp.

WITNESS: NOAH WHITAKER.

REPORT OF THE CLERK AND MASTER.

Sept. term 1905.

The lands sought to be sold in this case lies in the 9th Civil District of Jackson Co. TN, being the lands known as the James Terry farm and bounded as follows, Beginning on a Sycamore on the bank of Roaring river near the mouth of the Cave, about 75 yards more or less above Marion Lofis' Spring, thence eastwardly up the hill with a conditional line made by J. A. Loftis and J. H. Webb and following said line to the top of Buzzard bluff, thence on with the top of the bluff to J. P. Whitaker's line, then it is bounded on the north by said Whitaker's line, on the east by George West's place, on the south by J. W. Morgan and the Joshua Mabury place and Asa Johnson . . . about 125 or 150 acres more or less (see deed on file from J. W. Lee to Mary Gentry dated March 10, 1900).

I report that the following are the children and heirs of Mary Gentry and the distributive share each one are entitled to in said estate, to wit:

George Gentry, a son, is entitled to one ninth. J. W. Gentry, a son, one ninth, Caroline, who intermarried with Cab Terry, one ninth, Bettie, who intermarried with Taylor Loftis, one ninth, Elias, who died before his mother and left two children, Ida, who married Byrd Thompson and Anna, who married Millard Carr. These two are entitled to one ninth of the whole together or one eighteenth each.

Nannie who married Robert Moody. She is dead and left six children who are entitled to one ninth together, or one fifty fourth each as follows: W. F. Moody, J. B. Moody, Sallie who married Charles Lawson, Martha who married James Thompson, Florence who married Wm. Moore, Mary who married Robert Tharp; she is dead and left three children who would be entitled to . . .They are Nannie Tharp, Jessie Tharp and Nathan Tharp.

Dora Bockman, a daughter who is a widow, one ninth, Sarah Maxwell, a daughter and also a widow, one ninth, Tila or M. O. who married G. D. Lee, one ninth.

Depositions taken: no date.

DEPOSITION: J. W. LEE.

/s/ J. W. Lee

DEPOSITION: G. D. LEE.

I knew Mary Gentry in her lifetime. She has been dead about four years. Her husband was named Martin Gentry. He died June the 10, 1904.

/s/ G. D. Lee

DEPOSITION: S. D. WEBB.

I am 53 years old.

/s/ S. D. Webb

THE JOINT AND SEVERAL ANSWER of J. W. Lee, E. F. Loftis, Caroline Terry, Jim Thompson and wife Martha Thompson, William Moore and wife Florence Moore to the Bill of Complaint.

16 Sept. 1905.

. . . Dora Gaw alias Dora Bawkman, her present name . . .

. . . Mary Tharp died and left some minor children in the I. T. [Indian Territory]. . .


NEW: BOCKMAN, W. T. VS. MC DONALD, J. J.
CIRCUIT, 1878.

PROCEEDINGS.

22 Jan. 1879.

WITNESS: WILLIAM T. BOCKMAN.

I am the plaintiff in this case.

Joseph C. Bockman was and is the guardian of the minor heirs of Mariah C. Bockman, deceased.

When I rented the land in 1869, I was not 21 years old. I was one of the children of Mariah Bockman and one of the wards of J. C. Bockman.

Defendant McDonald owned one fifth of said land by reason of having married one of the Bockman heirs . . .

WITNESS: JOSEPH C. BOCKMAN.

In Nov. 1870, when William T. Bockman had arrived at the age of 21 years, I settled with him . . .

WITNESS: JAMES HARGIS.

I was the Justice who tried the case.


NEW: BOLES, ELIZABETH VS. BOLES, ARKLEY AND MILEY.
CHANCERY, 1876.

THE BILL OF COMPLAINT of Elizabeth Boles, a citizen of Jackson Co. TN against Arkly Boles of Jackson Co. TN and Miley Boles of Clay Co. TN.

3 Sept. 1875.

Your oratrix would respectfully show that on the [blank] day of [blank] 1874 in the county of Jackson and State of Tennessee she and defendant married each other, that they both were born and raised in the State of TN and have never resided in any other country.

That since their said marriage the defendant has beaten, cursed and threatened to kill your oratrix without any provocation . . . that he has abandoned her and refused and neglected to provide for her.

That she and defendant were very poor persons, that early last Spring defendant made a contract with his mother, Miley Boles, by which your oratrix and defendant were to work with Miley Boles in crop . . .

Asks for a divorce and alimony -bp.

DECREE.

No date.

Divorce granted.

THE JOINT AND SEPARATE ANSWER of Mily Boles and Arkley Boles.

15 March 1876.

He denies being abusive, but admits that "the most of the time they lived together was very unpleasant."

He believes "something wrong was going on" between his wife and Joshua Hail. When he would accuse her of this, she attacked him with sticks, and only then did he whip her.

He believes she has become a common prostitute, and also asks for a divorce. -bp.


NEW: BOLES, JAMES VS. LEE, JOHN.
CHANCERY, 1858.

THE BILL OF COMPLAINT OF JAMES BOLES AGAINST JOHN LEE, both of Jackson Co. TN.

. . . he and John Lee entered into partnership about the 30th day of Nov. 1857 to buy hogs to drive to the Southern market . . .

Nothing specifically genealogical in this case. -bp.


NEW: BOLES, JOHN VS. LITTLE, JACOB ET. ALS.
CHANCERY, 1868.

DECREE.

Asel Duncan, John Bowles and John Williams vs. Margarette J. Little and her husband Jacob Little and Henry B. Fowler.

14 March 1876.

. . . John Bowles and Asel Duncan are the administrators of one James Bowles, husband of Margarette J. Little; that after this suit was commenced Jacob Little, second husband of defendant Margarette J., widow of James Bowles, deceased, that his, Jacob Little's death was regularly suggested and admitted . . .

John Bowles died intestate and this suit has been regularly revived in the name of Joshua Haile, Jr., his administrator. It further appeared to the Court that after the death of Jacob Little, second husband of Margarette J., she has intermarried with one George W. Abney . . .

. . . William Bowles, the maker of said note, paid to his brother James Bowles, husband of Margarette J. . .

Deposition taken: 15 Feb. 1876.

DEPOSITION: GEO. W. ABNER [ABNEY].

Aged 46 years.

I am the husband of Margarette J. Little, now Margarette J. Abner [Abney].

Quest. Please give the names of the children and heirs at law of John Boles, deceased.

Ans. Mary Etta who married Jack Warson, Adaville Boles, James A. Bolles and John L. Boles.

/s/ G. W. Abney

Deposition taken: 28 Feb. 1876.

DEPOSITION: ASEL DUNCAN.

Aged 53 years.

William and John Boles bought the land [mentioned in the pleadings] jointly from Thomas Hix and the John Boles bought William Boles interest in said land. On the 15th March 1863 John Boles, being in the Southern Army, made out a statement which I have filed as Exhibit A to this deposition, and got me to take it to James Boles and request him if he did not get back to make the deed to his, John Boles', children and wife.

/s/ Asel Duncan

LETTER.

State of Tennessee.

White County.

March the 15th 1863.

Dear Wife and children,

I this morning with pleasure I write you a few lines to inform you that I am well as common and I hope that this few lines comes to hand that the may find you all enjoying the same Blessing and if George Abna [Abney] will tend the land if he will and let him have all of the land out at the Hix place and all on the creek but the lower field and I want you to tend it yourself if you can and if George don't move out there to the Hix place and Mart Gorden comes to let him have the house at the Hix place and the two hollow fields and the field around the house and I will tell you what I owe. [sic.] I owe Peter Hufines $5 and the cost and interest and the State cost in cost stayed [?] by Asel Duncan and Wm. Flatt and R. Darwin $5.00 and to Thomas Tabbert five dollars and six dollars to James Roberts and I want James Boles to make the right to me and to my heirs for the Hicks land and James I want you to do this without fail for I want my children to have the good of that land if I never get home myself. A few lines to Sarah Duncan and the children. I want you to remember me in all of my Troubles for I want to see you very Bad and the children. I am down here and it is hard times here for the lice is thick as hops and a man can't rest for them of a wit [?]. I would come home but the Cavalry taken us up and stop us at Cooksville some [?] more at present but remains your affection [ate] Brother until death. I was very sorry to hear that Job Johnson's wife is dead.

/s/ John Boles

This letter seems to have been dictated to someone who wrote it for John Boles. -bp.

State of Tennessee.

White County.

Sparta, March 15 day 1863.

I, John Boles, want Asel Duncan to see that James Boles does make unto me and my dear beloved wife and children a good and sufficient warrantee title to a certain tract or parcel of land lying in Jackson Co., District No. 16, known as the Hicks place, for I made him the deed to said land as security to him to pay certain debts for me and I have paid him the money to pay the same debts, to wit, the Peter Hufines debt for $35, a judgement and cost and interest before Esquire McCue in Gainesboro, which deed was made by Thomas Hicks to James Boles for which land I have paid all of the money on the land myself. I don't know that I owe James Boles anything at all if I never get home anymore or get killed or sicken and die this is my last will and testimony. I am at this time in good health and in my right mind the day and date above written.

John Boles (his mark)

Attest: Nathaniel Flatt

Joseph Smith

Wm. Flatt

BILL OF COMPLAINT of John Bowls against Jacob Little, Margaret Little, Alexander M. Bowls, John W. Bowls, Artemisa Bowls, Tobin Bowls, Isabella Bowls and James Bowls, all of Jackson Co. TN.

[James Boles] was killed and murdered, leaving the said Margarett his widow, who has since his death intermarried with Jacob Little.

. . . defendants Alexander Bowls, John W. Bowls, Artemisia Bowls, Tobin Bowls, Isabella Bowls and James Bowls, his children and heirs at law, who are minors under fourteen years of age . . .


NEW: BOLES, SALLIE VS. BOLES, B.
CIRCUIT, 1891.

FINAL JUDGEMENT.

Defendant failed to appear and make any defense.

Complainant and defendant were married in Clay Co. TN 31 Jan. 1884.

Defendant ill used and drove complainant away.

Divorce granted. -bp.

. . . the issue of the marriage of complainant and defendant was two children, Luverny Boles, a girl aged six years and McClure Boles, a boy aged two years and it also appearing that Luverny Boles is now in possession of defendant and McClure Boles is in possession of complainant; it is ordered by the Court that complainant for the present be allowed to retain her present control of McClure Boles and that defendant be allowed for the present to retain his control of Luverny Boles.

Costs to be paid by defendant. All of attached property [livestock and household furniture] to go to complainant as alimony. -bp.


NEW: BOLTON, ELIZABETH VS. BOLTON, LENT AND COWIN [CARVEN], IRA B. AND BOLTON VS. EATON.

CHANCERY, 1852.

THE BILL OF COMPLAINT of Samuel E. Hare of Jackson Co. TN against Amos J. Chapman, Nathaniel G. Jackson and Elizabeth Bolton, of Jackson Co. TN except the defendant Jackson who is now a citizen of Wilson Co. TN, as your orator is informed.

20 May [?] 1848.

. . . defendants are indebted to him as guardian for S. V. and Tipton Settle in the sum of $439.05 . . .

. . . the defendants Chapman and Jackson are wholly insolvent and that his only means of collecting said debt is out of the effects of the defendant Elizabeth Bolton.

. . . Elizabeth Bolton has a life estate in three negroes in Jackson Co., viz, Nancy, Henry and Jacob.

THE BILL OF COMPLAINT of Ira B. Carven, a citizen of Smith Co. TN against Lent Bolton, a nonresident of the State of TN and believed to be a citizen of the State of Arkansas.

26 Dec. 1851.

. . . Lent Bolton is the owner either legal or Equitable of nine lots of land called town lots in Gainesborough in the State of TN . . .

. . . premises now occupied by Joseph Eaton as a tavern, stables, garden, etc.

. . . he [Lent Bolton] purchased them from one Pinkney McCarver . . .

. . . Elizabeth Bolton, the mother of said Lent, is entitled to the use and benefit of said lots during the term of her natural life . . .


NEW: BOTTS, A. B. VS. LOCKE, JAMES W. ET. AL.
CHANCERY, 1868.

Depositions taken: 30 June 1869.

DEPOSITION: TOLIVER KIRKPATRICK.

I was a member of the law firm of Kirkpatrick and Washburn.

. . . my late partner L. Washburn.

I had charge and possession of the Books during the late War. My partner being in the army during that time.

/s/ Toliver Kirkpatrick

DEPOSITION: L. WASHBURN.

I was a member of the late firm of Kirkpatrick & Washburn.

/s/ L. Washburn

THE BILL OF COMPLAINT of W. B. Botts of Jackson Co. TN against James W. Lock, Newton Moore, Catherine F. Moore of said State and County, N. B. Williams, Cora Williams his wife of Smith Co. TN, Thomas Nixon of parts unknown and all other heirs of Mary Cornwell, names unknown and of parts unknown and all the creditors of Mary Cornwell, deceased.

30 Dec. 1868.

. . .Mary Cornwell died intestate as to all of her property except as will be hereinafter mentioned; intestate died in the County of Jackson, State of TN on the [blank] day of [blank] 1867, seized and possessed of several small tracts of land in the County of Jackson, State of Tennessee . . .

. . . complainant was appointed and qualified as administrator of the said Mary Cornwell . . .

. . . before the death of the said Mary Cornwell (to wit) on the [blank] day of [blank] 18[blank] she made a will, willing and bequeathing to her Grandniece Catherine F. Lock, now the wife of defendant Newton Moore, the farm on which she then lived and the most valuable part of her real estate . . . The said Mary Cornwell was at the time of making the will and at the date of her death considerably indebted to various persons--that the personal estate will not pay the expenses of the administration . . .

Complainant thinks it quite likely that all the Real Estate will not bring an amount sufficient to pay all of the debts of the said Mary Cornwell . . .

Complainant will state and show that said intestate died seized and possessed of the following tracts of land (to wit) a small tract of land lying in District No. 1 of Jackson Co. on the Ridge between Gainesboro and W. H. Botts' farm that he formerly lived upon, a small tract of about ten acres that she purchased of R. Aleax in same district on the creek between Gainesboro and Cumberland River, an unimproved tract lying in same district near Denton Moores', number of acres not now recollected, upon which Denton Moore has a Deed in Trust for the sum of [blank] dollars, another small tract of land which lies in District No. 13 of said County, all of which are worth but little . . .

The tract willed as herein stated lies in District No. 1 between Gainesboro and Cumberland River on Doe Creek.

NOTE: there is a document in this folder in which Catherine [Katherine] Moore signs her name as Kitty Moore. -bp.

Depositions taken: no date.

DEPOSITION: ZELL YOUNG.

Aged 28 years.

I am the Commissioner of Jackson Co., was elected by the County Court of Jackson Co. TN July Term 1872.

/s/ Z. M. Young

DEPOSITION: Z. VAN HOOSER.

Aged 52 years.

I purchased the Home tract of land known as the Mary Cornwell tract in District No. 1 of Jackson Co., I think some time in the year 1871 . . .

/s/ Z. Van Hooser

Deposition taken: 1 April 1874.

DEPOSITION: MATILDA YORK.

42 years.

I am the wife of S. H. York and he has abandoned me and his children and left the country. He left the country in Sept. 1871--and never has returned.

Matilda York (her mark)

Depositions taken: 31 March 1874.

DEPOSITION: L. WASHBURN.

I am Lafayette Washburn . . .

/s/ L. Washburn

DEPOSITION: DAVID A. RAWLEY.

Aged 47 years.

DEPOSITION: A. B. BOTTS.

47 years old.

/s/ A. B. Botts

DEPOSITION: B. B. WASHBURN.

53 years old.

/s/ B. B. Washburn

Deposition taken: 17 March 1874.

DEPOSITION: S. F. MURRAY.

Aged 39 years.

Mary Cornwell . . . her husband S. C. Cornwell kept the blacksmith Shop.

/s/ S. F. Murray

END OF ROLL

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