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SYNOPSIS: L. M. Gipson died in Jackson Co., TN 14 August 1886, heavily indebted. His father, John M. Gipson, died in 1881, leaving a will admitted to County Court in March 1881. There are cases on other reels concerning this. There are numerous pages covering indebtedness to general merchandise stores, physicians, blacksmiths, etc. in great detail, i.e. bolts of calico, pearl buttons, eggs, 30 matches, horseshoes - from 1882-1886. A direct descendant of this family might be interested in ordering the reel, to get a feel for their daily lives. The bills that show relationships will be listed in part.
L. M. GIPSON to S. T. STONE, Services as Physician, Jan 30, 1882 - Oct 4, 1885. Each charge was from $1 - $8. Standard office visits $1.00, home visits usually $2.00.
Wife & Self, Son Bob, daughter Mary Fearon, Daughter Eva Fearon, Lee Gipson (col), Dau Ann, Son Bob Fearon, Son John Fearon, Dau Lena, John Gipson (col).
L. M. GIPSON to D. K. FINK, Medical services rendered for Self, family & Anna York, 1881-1882, 1884, 5 & 6.
baba [sci] John Aug 6, 1884.
Eva, bob, Lena, Anna York May 27 1885.
Anna York, 8 visits in 1884 and 1885.
AFFIDAVIT: Complainant makes oath since last term of this court, Lena May Dixon died intestate in Jackson Co., TN, leaving Ova Lee Dixon who is a minor and only heir, and defendant M. J. Dixon her husband also survives her. 12 March 1895.
BILL OF COMPLAINT: H. H. Cason, Administrator of L. M. Gipson, Deceased vs Emily Gipson, M. J. Dixon & wife Lena May Dixon, Thomas York & wife Mary J. York, Robert Gipson, John M. Gipson & Levisa Ann Gipson, John M. Gipson York & Wm York, guardian of J. M. G. York, a minor under age 21; R. V. Brooks, A. E. Eaton & F. Roddy; and Clay Reeves as administrator of John M. Gipson, deceased, all citizens of Jackson Co., TN.
L. M. Gipson departed life intestate in Jackson Co., TN on 14 August 1886. H. H. Cason was appointed Administrator.
Defendant Emily Gipson is the widow of L. M. Gipson. The other defendants except husbands of married women, Wm York and his ward John M. Gipson York and R. V. Brooks and A. E. Eaton & F. Roddy and Clay Reeves are the only children and heirs at law of L. M. Gipson. John M. Gipson York and Wm York his general guardian are made defendants because of interest in funds arising from sale. R. V. Brooks is a creditor, owed about $730. Eaton & Roddy is a creditor owed about $300. There are various other creditors.
On [blank] 188[blank] L. M. Gipson and Wm Gailbreath as Guardian of John M. Gipson York filed suit. Lands have been in litigation between the heirs of Wm Gipson and the heirs of John M. Gipson, was only recently determined. L. M. Gipson claimed by devise from John M. Gipson, deceased. If the Wm Gipson estate had succeeded, the L. M. Gipson title would have failed... could not have sold land with the litigation pending.
ANSWER: E. L. Clark, guardian ad litem of minors Robert Gipson age 16, John M. Gipson age 12 and Levisa Ann Gipson age 10. Dated 7 March 1894.
DEPOSITION: J. M. Speakman, believe charges by Wm Speakman to L. M. Gipson are correct. Wm Speakman generally did carpenter work for L. M. Gipson. "I helped him make the cistern". Know he made the steps that led up to the saddle shop. 11 Nov 1896. s/s Jno M. Speakman
DEPOSITION: William Rector, age 36, lived with L. M. Gipson in his lifetime, came there in1882 or 1883. We lived here in Gainesboro in 1884, ran a hotel. Went to store for them, bought things for them on credit . I left his house, still lived on his land until he died. I knew Dr. S. T. Stone from 1882 until he died. Dr. Stone treated L. M. Gipson's wife, his daughter Eva, Bob a good deal, Sis another daughter, Lee Gipson a negro boy who lived with him and John Gipson col. when he died. Also had accounts with Sam Timsley, reckon this was Alex Crawford & Co.; L. S. Anderson; Eaton & Roddy; David Loftis for blacksmithing & Garret Apple for blacksmithing; and J. V. Minor a druggist at Gainesboro. W. T. [his X mark] Rector
ANSWER of Defendants Emily Gipson, M. J. Dixon & wife Lena May Dixon, Robert Gipson, John M. Gipson & Levisa Ann Gipson, last three minors, with guardian D. B. Johnson, Thomas York & wife Mary Jane York, Wm York guardian and his ward J. M. G. York. Defendant Emily Gipson is widow of L. M. Gipson. Other defendants except husbands of married women and William York & his ward John M. Gipson York are the children and only heirs at law. [No Date]
LAST WILL & TESTAMENT OF JOHN M. GIPSON
I, John M. Gipson, being of sound mind...
Item 1st... bequeath my soul to God...
Item 2nd... Funeral expenses paid by Executrix, to be paid out of money and effects on hand... no sale of personal property or land.
Item 3rd... Bequeath to my wife Eliza F. Gipson in trust for use of my son Lucurgus M. Gipson land on which he now lives on Roaring River known as the Daniel Johnson place in trust during his lifetime and at his death to his children & heirs at law. But should my son L. M. Gipson desire it & prefer to live on some other land... empower said Trustee to convey said tract absolutely and invest means... for my son... she and my son think best.
Item 4th... Convey wife Elizabeth F. Gipson & my son L. M. Gipson jointly my father's old home farm... on the branch southwest of Gainesboro together with all other lands I have purchased since my father's decease which adjoins said farm... This bequest to my wife is for and during her life and at her death to go to John M. Gipson York, son of Aletha York. The one-half interest I now bequeath to my son I bequeath in trust to my wife Eliza for his use & benefit and at his death to go to his heirs... under control of my wife during her life... but should John M. Gipson York die before the death of my wife, it is my will that L. M. Gipson & his heirs shall take the whole estate.
Item 5th... Bequeath my wife Eliza M. Gipson the town property & town lots where I now live... also tract I purchased of Wm G. Cox where S. H. Cunningham now lives... household and kitchen furnishings. Also the dwelling house and lot in Gainesboro now occupied by Dr. Pillow... her own right... absolute.
Item 6th, to wife Eliza F. Gipson all the rest & residue except tract on which Urah Stewart now lives. My said wife shall have power to sell any portion of the lands & property... wife's death to revert to son L. M. Gipson and Jno M. Gipson York, one-half each. I bequeath unto Sallie Stewart, wife of Urah Stewart, tract on which she now resides in 9th District, also a yoke of oxen and a common two-horse wagon in her own right free from debts of husband, and at her death to go to her children.
Item 7th... wife Eliza F. Gipson appointed Executrix... no bond required.
15 Jan 1881 [Signed] J. M. Gipson
Witnesses: D. K. Fink, H. W. Williams, R. A. Cox
Admitted to Probate 7 March 1881, death of Jno M. Gipson being suggested... testimony of H. W. Williams & R. A. Cox.
...certify a true copy, s/s W. H. Brooks, Clerk of the Court, 13 Sept 1895.
DEPOSITION: H. T. Minor for Plaintiff, 22 Feb 1887, taken at Office of Circuit Court, Hopkinsville, Christian Co., KY.
Will be 48 next March. Live near Pembroke in Christian Co., KY. I am a son of Hiram Minor, late of Jackson Co., TN. Acquainted with line between Plaintiff & Defendant's land, now owned by Son Lawson, once owned by my father Hiram Minor during his lifetime. Made a trip into Jackson Co. October or November 1886, found land/line marks. After the death of my father, I owned the land and conveyed said land to James Hall of Jackson Co. s/s H. T. Minor
DEPOSITION: Edward M. Cason, at house of L. B. Cason of Jackson Co., 14 May 1887. Am age 82, acquainted with old Hiram Minor lines & Edward M. Cason lines, now owned by Plaintiff. Known lines 73 years, since 1814. I owned the tract since 4 Dec 1838 up to the time I deeded a portion to Pltff in 1885. Hiram Minor land adjoins E. M. Cason line on the South. Marked line with Minor and three other men over 40 years ago. Thomas H. Butler as Survey was running the lines. I was along with surveyor E. L. Jackson part of the time when he ran the south boundary line of the old tract a few weeks ago... could not go over the hills. s/s E. M. Cason
DEPOSITION: H. L. Smith for Plaintiff, 25 Feb 1887, Court House in Celina, Clay Co., TN. Am age 32, live Cumberland Co., KY. Moved away from Jackson Co. Nov 1886. Owned part of Hiram Minor land, sold same to Son Lawson.
PROSECUTION BOND: L. B. Cason, Principal and T. M. Cason, Millard F. Cason and [blank] Security, for $50 to Son Lawson.
s/s L. B. Cason, T. M. Cason, M. F. Cason & H. H. Cason
DECREE: Plaintiff to recover of Defendant an oak board tree cut from Plaintiff's land plus $.01, plus costs.
APPEAL: Case of Lewis B. Cason vs Jessie Lawson... unable from poverty to bear cost of appeal. 6 Nov 1886. s/s J[?ason; smear] Lawson
AFFIDAVIT: L. B. Cason & H. H. Cason, believes entitled to 883 feet of oak boards in possession of Son Lawson, worth about $3 or $4. 26 Oct 1886. s/s L. B. Cason
[Plat of both Cason & Lawson tracts included].
Heard 6 Aug 1869. Cpt & deft intermarried year 1864, State of Indiana. Removed to Tennessee in 1866, together until 14 Apr 1867. Defendant abandoned, left state more than two years next before filing this bill. Bonds of matrimony dissolved, rights of single man.
Bill of Complaint of Leonidas M. Cason of Jackson Co., TN against Martha Cason, who now resides in State of Indiana. When she left, went back to Indiana, said she never intended to live with him again. 15 April 1869. s/s L. M. Cason
DEPOSITIONS: Not dated, filed 18 December 1909:
DEP: N. C. Bybee age 66, live 15th Dist this county, occupation farmer. Mollie Cason is my niece. Know lands involved in this suit, estimate acres at 100. In 1899 when sold by decree of court, lands worth $800 or $900.
Knew J. W. Cason then, don't remember about his health. His life estate would be worth $400 or $500. I rented the land from J. H. Dennis in 1903, 04 & 05 at $40 per year, paid rent to W. M. Dennis, Admr of J. H. Dennis estate after his death. The day I rented the land in the later part of the year 1902, shortly before his death, he offered to sell me the land for $300 cash and me take it better or worse, or $500 and he would make bond for title. I told him I didn't want to buy a lawsuit and he said I was kinfolks & could compromise it for a little something.
I rented the land from J. J. Gore and W. E. Ragland 1906, 7, 8 & 9 for $42 a year, staid there one year and paid the rent & turned it over to Wash Bybee under my contract. [Signed] N. C. Bybee
DEP: Bent Smith, of lawful age. Knew John H. Dennis in his lifetime, know land. Rented land from him about 1900-1903. Known James W. Cason since I've known anybody, lived right together when I was a little boy... good character. Lived 8 or 9 miles of J. W. Cason for the past 8-10 years.
Question: Has [J. W. Cason] for the past 12-15 years... been a constant violator of the law - selling whiskey...?
Answer: Yes, indicted several times for fooling with liquor and public drunkenness, in jail here a long time.
Question: Has he been indicted for Larceny & fraudulent appropriation of mortgaged property belonging to J. W. Picket...?
Answer: Yes, tried & convicted.
CROSS-EXAMINATION: Was he convicted [of selling] a raft of logs Picket claimed he had a mortgage on, claimed it was paid? Answer: Yes. s/s T. B. Smith
DEP: Wm Warren [no age given]. Knew John H. Dennis, known J. W. "Jim" Cason as long as I've known anybody. s/s W. H. Warren
DEP: Walter F. Denis [no age given]. Am son of John H. Denis, deceased. Witnessed deed from John H. Denis to John J. Gore & W. E. Ragland. He would not warrant at that money, said that there was an heir coming, and might be a lawsuit. They said if they had John L. Young's and Josie Young's name to the deed they wouldn't give a man a cent [to] warrant the deed. I told them the heir coming was Martha Casson. They gave me a writing that would not hold me responsible:
"W. F. Dennis, M. A. Dennis & R. M. Dennis made... deed to J. J. Gore & W. E. Ragland ... land J. H. Dennis purchased or redeemed from Josie Young... formerly belonged to Victory Cason, wife of J. W. Cason... intended to apply to life estate of J. W. Cason and not to the remaining interest of Mollie Cason, who is the only child and heir at law of said Victoria Cason. This Sept 10th 1907. s/s John J. Gore
DEP: W. F. Dennis, states "Heard [my father] talk about swapping land to George Dennis. Myself and other heirs claimed father's land as our own up until we sold to Gore & Ragland.
Question: Did Gore & Ragland offer you and your mother and brother much more for the land... for warranty?
Answer: Just made the offer... no warranty. s/s W. F. Dennis
DEP: W. R. Poston, am a defendant, own land in case, bought from John J. Gore about last April a year ago. Swapped a town lot in Gainesboro at $350 and two notes, one for $150 and one for $1000, due 12 months bearing interest. He gave me all the papers & deeds, I examined and them examined by W. W. Draper, atty and M. J. Dixon, atty. Had Draper examine case of Z. M. Young vs J. W. & Mollie Cason in which land was sold for a mortgage from Cason to Young.
I talked to Wm Dennis, brother of J. H. Dennis, deceased, and Administrator... about buying the land... some 2 or 3 years before I bought. Did not say John H. Dennis' widow and children would have to make the deed.
Bought the land adjoining this land from Wash Bybee.
Question: Wash Bybee is an uncle to Complainant Mollie Cason, is he not?
Answer: I suppose he is. I was not acquainted with Mollie Cason. I have been acquainted with her father J. W. Cason for some time. I knew her mother before she was married, and I just supposed Mollie was under age from that.
Question: You also knew that the land in controversy came through Mollie's mother and that she was dead, didn't you?
Answer: Yes, knew she was dead... land her share of her father's estate.
[Mollie's] Uncles Wash & Nathan & Nate Bybee live close. They are brothers of Mollie's mother. s/s W. R. Poston
COMPROMISE AGREEMENT: 28 May 1897, case of Z. M. Young vs J. W. & Mollie Cason. $100 against defendants Cason to remain a lien on the land. [All parties signed] J. W. Cason, Molie Cason by J. W. Cason, Z. M. Young by T. M. Gailbreath, Sol. for Young.
CASE HEARD: 31 May 1897. Land Dist 8:
1st Tract: Bounded north by lands of James [?Jones] Cherry, south by A. D. Hall, west by George Ray, east by A. D. Hall.
2nd Tract: Bounded north by John B. Anderson, south by Shep Bybee, east by Wash Bybee, west by Nathan Bybee.
3rd Tract: Being five acre tract on which J. W. Cason & wife lived in 1889 adjoining tract herein first described... compromise agreeable.
DEPOSITION: W. E. Ragland & W. R. Poston, taken 6 March 1909, Clerk & Master's in Cookeville, TN:
DEP: W. E. Ragland, age 43, reside Cookeville, occupation merchant. Moved from Gainesboro about three years ago. Know parties to suit. The Dennises were customers of mine in mercantile business. Heard them talk about selling land. Bill Dennis is brother & Executor of John H. Dennis. John J. Gore investigated the title. The deed was read to the bargainors before they signed. Dennises said Mollie Cason was a minor heir, but John Dennis said their title was good. s/s W. E. Ragland
DEPOSITION: W. R. Poston, am a defendant. Have read M. J. Dixon's deposition.
DEPOSITION: Noah Hawkins, age 59, live 8th Dist, am a farmer. Poston is my son-in-law. Went with him to look at land, told him there was talk about that girl lawing when she became of age. Poston said that if there was a lawsuit, Gore would do the lawing and stand between him and the land. Noah [his X mark] Hawkins
DEPOSITION: Clay Hawkins, age 31, am a brother in law of defendant W. R. Poston. [Signed] H. C. Hawkins
DEPOSITION: M. J. Dixon, am a Notary Public for Jackson Co., have been about 10 years, took acknowledgment of J. L. Young and his wife Josie, had a conversation with them. Josie said she didn't understand why her Papa had rather someone else have the land than her and John told her he had bought the life estate from Cason and that W. H. Young was making a kick and objected Cason getting timber off of the land to pay it... and that he was doing that to give Cason a right to redeem it. He [W. H. Young] said all he wanted was his money back. I read the deed over to Josie B. Young before she signed it. s/s M. J. Dixon
DEPOSITION: Martha Denis for Complainant. I am the widow of John H. Denis, deceased. He died 25 Feb 1903, was puny for six months before his death, not confined to his room but a day or two. He wrote out a little will in which he willed the Sugar Creek farm to Julia Davidson. Later he burned it up and said it might be taken away from her some day and that he would just leave the place to me and the boys, and if we sold it to just sell it for better or for worse [no warranty as to title - mlj]. We sold the land to W. E. Ragland & John J. Gore. We were all present, Walter Dennis & Bob Dennis & their wives and I told them I would not put my name to that deed... unless better or worse. John Gore asked me why... I told them there was an heir behind & that there would be a lawsuit some day. John Gore said he would do the talking and Ed Ragland would do the paying. M. A. [her X mark] Dennis
DEPOSITION: W. W. Bybee, age 51, farmer 8th Dist.
Question: What was your relationship to Complainant Mollie Cason and her mother Victoria?
Answer: Victory was my sister and Mollie Cason is my niece. W. W. [his X] Bybee
DEPOSITION: Martha Dennisre-called. J. W. Cason on the day I gave my deposition said if we had kept the land they would not have sued. I had a letter written by J. W. Cason to my husband while Cason lived in Davidson Co., TN. Don't know where it is. Martha [her X mark] Dennis
DEPOSITION: N. B. Young, age 65, occupation lawyer & J.P., live in same civil district with Mr. Cason. Known him 30 years, has been in jail for selling liquor. Good character. s/s N. B. Young
DEPOSITION: J. R. Burris, known J. W. Cason 15-20 years, lived within 4-5 miles except a few years when he lived at Hendersonville, Tennessee. s/s James R. Burris
COPY OF DEED: Mrs. Martha Dennis, W. F. Dennis & wife May Dennis, R. M. Dennis & wife Laura Dennis... for $500 land at Sugar Creek... begin stake in Chilton, now L. S. Anderson, line ... corner of Lot #1, to Shep Bybee line, east to Shep Bybee's corner to top of hill to lower side of branch known as Puncheon Camp... [Warranty Deed]. Grantors: Martha A. [X] Dennis, W. F. Dennis, May Dennis, R. W. Denis, Laura Dennis
DEPOSITION: J. W. Cason, am the father of Mollie Cason, husband of Victoria. Victoria died August 1892. Mollie was born October 1888, nearly four years old when her mother died. Mollie is her only child. I sold my life estate to John H. Dennis 4 Sept 1899. Jessie Barnes had sued me. [No date] s/s J. W. Cason
DEPOSITION: Levy Heady, lawful age, testified to land value. Rented the land from John H. Dennis 8-9 years ago. s/s L. D. Heady
DEPOSITION: W. M. Denis states - John H. Denis, deceased was my brother. He died four years ago next March I think. s/s W. M. Denis
DEPOSITION: O. L. Scantland, lawful age, land value. s/s O. L. Scantland
DEPOSITION: J. W. Cason, recalled as witness. Lived here in Gainesboro in 1898, little over one mile from Josie Young, saw her every few days. J. H. Dennis died about the first of the year 1903, suffering Consumption a good while before his death. I was off on the river for seven months, and it was [land] sold to Gore & Ragland by Dennis heirs while I was on the river. I am 59 years old the 26 of last August, in good health. I was 49 or 50 years old when the land was sold by the Court and about 51 years old when I conveyed same to J. H. Dennis. 29 January 1908. s/s J. W. Cason
DEPOSITION: W. M. Gailbreath, age 57, live Gainesboro over six years [character testimony]. s/s W. M. Gailbreath
DEPOSITION: R. C. Gaw 26, live Gainesboro, Clerk Circuit Court [character testimony]. s/s R. C. Gaw
DEPOSITION: B. L. Quarles, 39, lived here since 1886, merchant. s/s
DEPOSITION: H. J. Lynch, age 30, Sheriff, live Gainesboro. s/s
DEPOSITION: Josie Young [no age]. I am a daughter of James W. Cason and a half sister of Mollie Cason... I bid off land, case of Z. M. Young vs J. W. Cason. Conveyed the life estate of J. W. Cason to J. W. Cason [sic] and then the entire tract to John H. Denis. Got the money from W. H. Young to buy the land, did it so Jim [J. W. Cason] would have a chance to redeem it. W. H. Young came to me and said I had the child [half-sister Mollie] to raise, and to buy it and keep it until she was 21. Miles J. Dixon was present at the conversation with John H. Dennis.
Question: Did you and your husband John L. Young on or about 11 April 1898 convey both the life estate of J. W. Cason as well as the remainder interest of Mollie Cason to J. H. Dennis?
Answer: I signed, I acknowledged, and it looks like my husband's signature. 28 July 1908. [Signed] Josie B. Young
ANSWER: W. R. Poston to Bill of Complaint filed 30 Aug 1907 by Molly Cason, a minor by next friend James W. Cason.
11 April 1899 John L. Young & Josie B. Young conveyed title to John H. Dennis, registered Book G, p 538 & 539, Jackson Co.
4 Sept 1899 Jas W. Cason & wife M. J. Cason conveyed title to John H. Dennis, registered Book H page 54 & 55.
Afterward John H. Dennis departed life leaving surviving widow Martha A. Dennis and his only children W. F. Dennis & R. M. Dennis.
18 May 1905 said Martha A. Dennis, W. F. Dennis & wife May and R. M. Dennis & wife Laura conveyed to John J. Gore and W. E. Raglan, Book K, page 25 & 26.
Afterward W. E. Raglan conveyed his entire interest to John J. Gore.
16 April 1907 or thereabout John J. Gore conveyed to W. R. Poston. Eight years had elapsed and Dennis had died before attempt made. [No date].
OATH OF POVERTY: 4 Jan 1910, Mollie Cason unable to bear expense of Supreme Court appeal. s/s J. W. Cason, Mollie Cason
BILL OF COMPLAINT: Mollie Cason, who sues by her father and next friend J. W. Cason, against W. R. Poston, all of Jackson Co.
Victoria Cason departed life in Jackson Co. intestate, leaving Mollie an infant of tender age, J. W. Cason her husband surviving her. Owned land which 16 October 1889 said Victoria and husband J. W. Cason conveyed by trust deed to Z. M. Young to secure indebtedness.
Z. M. Young filed bill to foreclose, and compromise decree of $100 was reached. 13 Dec 1897 land sold to Josie B. Young at a price of $5, and remainder interest of $130.65.
4 Sept 1899 Josie B. Young conveyed said land to Complainant J. W. Cason who on the same day conveyed his life estate and homestead to John H. Dennis for $100, paid to Josie Young by Dennis as part of the redemption money with the understanding complainant could pay balance of redemption and redeem at any time regardless of two year limitation. Dennis went into possession, collected rent, cut timber... more than paid balance of redemption.
AMENDED BILL OF COMPLAINT: Victoria Cason died leaving Mollie, her infant child and her husband J. W. Cason. Owned land 8th District being that laid off by her father William Bybee among his heirs. Bounded north by J. B. Anderson, south by Shep Bybee east by Wash Bybee, west by Nathan Bybee.
NOTICE OF DEPOSITIONS: Elizabeth Hinds, Henry Crowder, Thompson Cason, Nathan Montgomery & William R. Kenner to be taken on Wednesday next after this 4th Monday of Jany 1848.
DEP: 4 April 1848, Elizabeth Hinds about 27. Acquainted with James Cason all my life. He raised me and I knew him till he died. He died at Edward M. Cason's. I heard James Cason say E. M. Cason would not let him see any peace until he executed the deed to E. M. Cason. That was a short time after he executed the deed. E. M. had a great deal of influence over him. [Was asked to give examples]:
Thompson Cason and John van Hooser was building a boat in partnership. James Cason told Thompson Cason to cut timber from his land. E. M. got mad. Land then belonged to James Cason.
Mother sent me after this black boy Milton and James Cason came to me, said that E. M. Cason was not willing for him to go and sent David in Milton's place.
Question: Which was the most valuable of the two negroes, Dave or Milton. Answer: Milton
James Cason told me Saturfield razed sum [sic] of his grand children and he was going to give Saturfield a negro gairle [sic] that was deef and dum [sic]. E. M. Cason was not willing to it. I heard E. M. Cason say that if it had not of bin for him Saturfield would of gotten her for razin the children.
I live with Plaintiff Susannah Cason. She is my mother and E. M. Cason is my uncle. I never got anything Thompson Cason my brother has had the benefit of my Mother's property.
The deed was made by James Cason to E. M. Cason 4 years before the death of James.
Believe the old man gave the boy Milton to Susannah Cason before the deed was written.
Question: Did the old man Cason after his wife's death divide the household furniture between Susan Cason, the plaintiff and Eliza Cox? [spelling here looks like "Case"; elsewhere looks like Car, Can, Coks, Cox].
Answer: Beds and a few bed clothes. A right smart went to E. M. Cason.
James Cason had 7 slaves and E. M. Cason had the use of them, hired them out. A woman who was 40, man oulder [sic], all except two who were small were able to work for their vittles and close [sic]. E. M. Cason tuck the negroes and was to support James Cason. Elizabeth [her X mark] Cason
DEPOSITION: Henry Crowder, about 52. Was acquainted with the ould man James Cason about 20-24 years before his death, he was a gettin very old, trusted the most of his business with E. M. Cason. As far as I know, was of sound mind. Henry [X] Crowder
DEPOSITION: Thompson Cason, age about 30. James Cason lived with E. M. about 6 years before his death. I commenced building a boat, think 38. The old man told me to get timber... then came and said use what I had, don't get any more... E. M. making a fuss & he wanted to live in peace. Susannah Cason is a mother of mine. James Cason was a pentioner from the government, drawing $80 a year.
I received $5 of him one time and mother got $20. I offord to execut my note to him and he would not have it and cince his death I was sued on the account and had it to pay and mother all so. Mounce Gore, Executor of the estate, sued. s/s Thompson Cason
DEPOSITION: Nathan Montgomery, age 49. Knew James Cason. In the latter part of his life he lived with Edward M. Cason. I hired a negro woman named Fancy from E. M. Cason. James Cason took sick and wanted the Negro woman and I sent her home. [Signed] N. Montgomery
DEPOSITION: William R. Kinnear age 41. E. M. Cason had a great deal of influence over James Cason. Went to see James Cason in his lifetime to see about employment. He told me his son E. M. Cason was the cause of not employing me. s/s W. R. Kinner
Above Depositions certified taken by my hand 4 April 1848, Thos D. Cassety
ANSWER: Edward M. Cason. Admits Complainant is the daughter of James Cason, deceased. James died at time stated, made his last will in 1836. Denies he is bound by the will. Shortly after last will, on 4 Dec 1838, James Cason made deed in fee simple to Respondent... same land devised to him in will. Was witnessed by Henry Hall and John M. Gipson. Respondent admits that after the death of his mother he took his father to his house to live. s/s Hall & Washburn, Sol. for Respt
BILL OF COMPLAINT: Susana Cason against Edward M. Cason & Mounce Gore, all of Jackson Co. In 1842 her father James Cason departed this life in said county. In 1836 he made a last will, bequeathed to Edward M. Cason 382 1/2 acres of valuable land on Cumberland River with the condition after death of testator and his wife he was to pay to Complainant the sum of $150. Oratrix states her mother died before her father.
DEPOSITION: Larence M. Anderson age 35 at his residence in Jackson Co. Traded with the old man for yoke of steers. Edward M. Cason came later, wanted me to sign a note, which I refused. Don't think the old man ever intended I should pay for the steers.
Edward M. Cason lived on the [James Cason] farm until the death of the old lady and tended to his business and received a portion of the crop. The old man then went to Edward M. Cason.
James Cason deeded to my wife during her life and the heirs of her body a negro girl worth four times as much as the one mentioned in the will.
Believe James Cason was a man of extraordinary mind considering his age, about 84 when he died. 2 May 1848. L. M. [his X mark] Anderson
[NOTE: There are two Anderson depositions following above, cannot read due to bleed-through; one is Mathew [X] Anderson. The invoice for witness testimony lists an Alcana Anderson, but not clear on deposition itself - mlj].
DEPOSITION: Henry Hall [no age]. So far as I know, Susan Cason was a dutiful daughter. E. M. Cason married my daughter. James Cason was a pensioner for many years and up to [his death]. 1 July 1848. s/s Henry Hall
PROSECUTION BOND: $250 to Edward M. Cason and Mounce Gore dated 28 July 1847. Security Jno S. Goodner
NOTICE TO SHERIFF: Bank of Tennessee, levy against Montraville Masters, James T. Quarles & Bailess Anderson... certain negroes in Bill of Complaint be attached... woman named Rebecca and her infant child, name not known, property of Montraville Masters.
November term 1844, Bank of Tennessee received judgment against Montraville Masters, sum of $138.15. Further, on 31 Oct 1838 James Cason made a gift by deed of a negro girl, Rebecca to defendant Quarles in trust for the use and benefit of Edna Anderson, the wife of Lawrence Anderson, and grand daughter of the same James Cason during her life, and at her death to heirs of her body. Edna Anderson had borned of her body defendant Bailess Anderson and Margery Anderson. Defendant [Bailess] Anderson is the only one living. At the time Edna Anderson departed this life both her children were then living. Defendant Montraville Masters married said Margery Anderson. After she had given birth to a child she departed this life.
Said negro girl Rebecca has grown up to woman hood and has her own child. Legal title is still in defendant Quarles, the same never having been partitioned between defendant Anderson and his said sister or said defendant Masters. 9 November 1849.
NOTICE OF DEPOSITIONS: To Thos Cassetty, J. P. You are empowered to take Depositions of Elcaniah Anderson, Matthew M. Anderson & Henry Hall. 4 Monday in Jany 1848.
COPY OF DEED: For and in consideration of the love and affection I have and entertain for my grand daughter Edna Anderson wife of Laurence M. Anderson of the County of Jackson and State of Tennessee, I hereby give and convey to James T. Quarles a negro girl named Rebecca aged about six years and her increase in trust for the separate use and benefit of the said Edna Anderson during her life and at her death to the heirs of her body. This gift to James T. Quarles for the use of my said grand daughter etc is intended as an execution of that part of my last will and testament in which I give to my said grand daughter a negro girl named Edna and my said grand daughter is not to take said negro Edna under said will, the negro girl Rebecca being given in lieu of her. And I hereby warrant and defend the title of said negro girl Rebecca & her increase to said James T. Quarles in trust for the use of my said grand daughter Edna Anderson and the heirs of her body against all lawful claims whatever.
In witness whereof I have hereunto set my hand & seal this 31st day of October A.D. 1838. s/s James Cason Test: Sam E. Stone
Recorded Book E, page 228.
COPY OF DEED: I Montraville Masters of the County of Jackson and State of Tennessee for and in consideration of the sum of three hundred dollars to me paid by John B. Anderson Jr. of said county have bargained and sold and do hereby transfer and convey to said John B. Anderson my interest and share in a certain negro woman slave Rebecca aged about 15 years and her child David aged about 15 months which negro woman was heretofore conveyed by James Cason to James T. Quarles in trust for Edna Anderson and the heirs of her body. And I hereby authorize and request said James T. Quarles to convey my interest in said negro & child both legal and equitable to said John B. Anderson if it should become necessary to consumate his title to the same. To have and to hold to the said John B. Anderson his heirs etc. said negro woman and child. And I hereby covenant and agree to warrant and defend the title hereby conveyed to said negro woman and child to the said John B. Anderson his heirs and representatives against myself my heirs and all persons claiming by through or under me. Given under my hand and seal this 6 day of November 1849. Montraville [his X mark] Masters
Wit: J. M. Dixon, L. [or S.] Vanhooser
LAST WILL OF JAMES CASON
In the name of God amen I James Cason in the County of Jackson and State of Tennessee... buried in a christian like manner at the discretion of my Executrix... touching my worldly estate... I give demise and dispose of the same in the following manner to wit after my death and my beloved wife Rebecca Casons death -
First} I give and bequeath unto my daughter Susannah Cason a certain Negro Boy named Milton and fifty dollars.
2nd. I give and bequeath unto my daughter Eliza Coks bodily heirs a certain Negrow girl named Amelia
3rd. I give and bequeath unto my son James Cason two children the heirs of Harriet, James Penelton and his brother his name not known Seventy five dollars Each
4th I give and bequeath unto my grand daughter Malitia one hundred and fifty dollars
5th I give and bequeath unto my son Bartlett Casons three children towit James Cason Martin Cason and Jane Cason one hundred dollars Each
6th I give and bequeath unto my grand daughter Edna Anderson boddily heirs a negro child named Edna
7th I give and bequeath unto my son Edward Cason three hundred eighty two and one half acres of land it being the Tract of land I now live on... and other property that I have heretofore given to the said Edward M. Cason he bonds himself to pay unto my daughter Susanah Cason one hundred and fifty dollars also he is to pay to the boddily heirs of Fanny Anderson one hundred and fifty dollars he also is to pay to Eliza ?Can boddily heirs one hundred and fifty dollars the above mentioned monies the said Edward M Cason is to pay at the expiration of twelve months after my death and my wifes death
8th I give and bequeath unto William Wilson Five dollars who married my Daughter Hulda Cason my reason for not giving him more is that I have given him heretofore a good deal. Be it understood that after my death and my wifes death all the property that is not mentioned heretofore in my will that may be left after my death and my wifes death together with the household and kitchen furniture shall be sold on a Twelve months credit and the monies arising from the sale or sales shall go towards paying up the legatees mentioned above in said will with the exception of the 3 legatees before mentioned towit Susannah Cason, Fanny Andersons boddily heirs and Elizabeth Cox's? boddily heirs which the said Edward Cason is to pay one hundred and fifty dollars each out of his own funds. Be it understood after the before mentioned property is sold there is to be paid out of the money arising from the sales paid unto the six grand children or any agent that may be appointed by the Court the amount above mentioned heretofore in said will and the ballance of the money that may be left after the legatees above mentioned is paid off is to be divided equally between my three children to wit Susannah Cason Eliza Cox and Edward Cason it is my request that Mounce Gore and Edward Cason shall be appointed Executors of my estate and last will hereby revoking all former wills by me made... this 25th of April 1836. s/s James Cason
Witness: Mounce Gore, Erasmus Gore
Recorded & examined, s/s A. Montgomery, Clerk
Book D, pages 195 to 97, 19 March 1845.
BILL OF COMPLAINT: Susannah Cason states she sold negroe Milton 20 April 1857 to John B. Anderson and executed a bill of sale. The negroe was desirous to be emancipated, Complainant willing if it could be done according to law. Defendant John B. Anderson being a relation and a man in whom she confided represented if she sold the negroe to some person who could then emancipate him and act as Trustee, the negroe could be set free in the state. She being old and infirm, believed him. The negroe was to live with, work for and care for Oratrix as long as she lived. John B. Anderson was to act as Trustee, emancipate the negroe boy Milton and never to sell him. Although the consideration on the bill of sale was an $800 note payable to her by Anderson, he was never to pay Oratrix one cent. She took his note, and he has not paid a dollar. John B. Anderson took advantage of the relationship and her age. 14 May 1858, he sold said Milton to Sidney S. Stanton for $900. Stanton at the purchase had full knowledge of agreement.
Injunction issued against Sidney S. Stanton against selling negroe Milton or removing him from sate. 15 May 1858. s/s Denton & Washburn, Solicitor
ANSWER: James T. Quarles to Bill of Complaint filed by Bank of Tennessee. 31 October 1838, James Cason deeded to him as trustee a negro Rebecca and her issue for the benefit of Cason's grand daughter Edna Anderson, wife of Laurence Anderson. Edna died leaving John Bailess Anderson and Margery Anderson. Margery married Montroville Masters, had one child, and died. Child also is dead. Rebecca has grown to womanhood, has a child named David. Respondent didn't take possession of Rebecca during the lifetime of Laurence M. Anderson nor until after the death of Margery. After Margery died, he hired out said Rebecca. Margery at the time of her death was under age 21, that said John Bailess Anderson is still a minor. About 6 November 1849 Montraville Masters sold his interest and share to said John B. Anderson. 4 Feb 1850 s/s J. T. Quarles
BILL OF COMPLAINT: Thompson Cason against Sterling Harris. Sterling Harris & Reece V. Morrill own adjoining tracts in Jackson Co. on Cumberland River, 4 miles above mouth of Roaring River. Henry Crowder rented from Morrill in 1843 & Elisha Sanders Jr. rented from Harris the same year. Orator [sub]rented from Crowder the Morris tract and [sub]rented from Sanders 20 acres more of the Harris tract in 1843. Harris & Crowder were to make a fence dividing the two farms.
PROSECUTION BOND: Thompson Cason Principal and Henry Crowder, Security to Sterling Harris for $150. 1 May 1943. s/s Thompson Casson, Henry [X] Crowder [Case Ends]
BILL OF COMPLAINT: Orators state about November 18?50 they purchased of Thomas J. Jones a tract on waters of Flynn's Creek, Dist 11, for $1000. [Something about a town lot, 2 judgments against John Fox & Benjamin Fox. Charles C. Price is Stayor, rendered by Francis M. Goolsby, Esq. a J. P.] William Kirby brought an action of ejectment. Henry W. Kirby purchased said land from said William Kirby & Thomas J. Jones purchased from Henry Kirby. The deed to Henry Kirby from William [?initial] Kirby was only for the life of Henry Kirby, now deceased. Therefore Jones has no interest, and title reverts to William Kirby. Further charges that Mar_t_?in Jones Kirby The widow & children of Henry W. Kirby have filed a bill in Chancery. Dated 9 April 1855. s/s Turney & Murry, Sols. for Complainant, s/s B. Fox
ANSWER: Aaron Springer & Susannah Springer, his wife, to Bill of Complaint of David Griffith, Admr of Nathan Price. Susannah Springer is one of the heirs & distributees of Nathan Price, decd. ?14 Oct 1848. Aaron [his X mark] Springer, Susannah [her X mark] Springer
BILL OF COMPLAINT: Thompson Cason against B. B. Washburn & John Price, Administrators of Charles N. Price, deceased. In 1849, Thompson Cason made a partnership with Charles N. Price to ship a load of corn to Nashville. Left the corn with Charles N. Price to market, which he did. Cason is still owed money on the deal. 10 Jan 1851.
ANSWER: Nancy Hudson to Bill of Complaint of David Griffith, Admr of Nathan Price, deceased, against Hiram Crabtree, Thomas K. Price & this Respondent and her husband Obadiah Hudson & others. Nancy Hudson states she is one of the heirs & distributees of Nathan Price, does not know if his estate's debts exceed assets.
ANSWER: Hiram Crabtree to David Griffith, Administrator of Nathan Price against him, Thomas K. Price, Campbell Price, Obediah Hutson & wife Nancy Hutson, Patrick Kernel & wife Elizabeth Kernel & Washington M. White, guardian of minor heirs of Ervin Price, deceased.
Nathan Price died intestate in Jackson Co. in 1838. Complainant David Griffith took it upon himself and qualified as his administrator in 1839. Had Complainant judiciously managed estate, would have money to pay debts. Some land sold 1844 by court decree, six years after death of intestate.
There are six lawful heirs, to wit:
1. Thomas K. Price
2. Campbell Price
3. Elizabeth Kernel wife of Patrick Kernel, formerly Elizabeth Price
4. Nancy Hudson, wife of Obediah Hudson, formerly Nancy Price
5. Susannah Springer, wife of Aaron Springer, formerly Susannah Price
6. Ervin Price, a deceased son of Nathan Price, left minor heirs. His co-defendant Washington M. White as guardian of minor children of Ervin Price, decd, has control of the sixth share.
Respondent Hiram Crabtree purchased shares of first five above named, and also the dower of the widow of said intestate, Nancy Price. 26 Jan 1848. s/s Hiram Crabtree
ANSWER: John Price to Bill of Complaint of Thompson Cason. Charles N. Price died intestate in 1849. Respondent and B. B. Washburn are Administrators. Estate of deceased is insolvent, will not pay creditors more than $.60 on $1.00. Require proof of debt. 4 August 1851. s/s John J. Price
DEPOSITION: Francis Price, age 21. Charles N. Price & Thompson Cason carried off a boatload of corn in 1849 or 1850. James Price & Newton Price got me to help load it. 1 February 1854. s/s F. M. Price
DEPOSITION: William Huffines [no age].
Question: Say if you were in company with James Price in his last sickness on his return home from Nashville 1849 or 1850.
Answer: Never saw him from the time he left Nashville until after he was dead. Henry Taylor and I were called to count his money after he was dead. He had $187.00. [Signed] William G. Huffines
DEPOSITION: Solomon Price, age 63.
Question: Say if you know anything of Complainant and Newton Price or James Price, deceased, carrying a boatload of corn to Nashville.
Answer: Complainant and James and Newton Price conveyed a boatload of corn to Nashville in 1849 or 1850. I was present the evening the last corn was put in. Thompson was to steer the boat and they was to go as hands. Thompson Cason put in 27 or 8 loads and Prices 21 or 2 loads. Newton Price took $107 just in case they had some bad luck. Newton Price died in Nashville & James Price died at Flynns Creek in this county on his return home. Complainant returned home before either of the boys died and about two weeks before James returned to the county. Catherine brought the money James [had come back from Nashville with] the morning before he died and Henry Taylor and Wim Huffines counted it. s/s Solomon Price
DEPOSITION: Henry Taylor, age 46. The day that James Price was a corps [sic] I was sent for to go to the house of Solomon Price. Wm Huff and I counted $187.00 [Signed] Henry Taylor
DEPOSITION: John J. Price, age 28 [No information]. s/s John J. Price
ANSWER: C. D. Price, states he is an heir of N. Price, decd, long ago sold right and title in land to Hiram Crabtree. s/s Campbell D. Price
NOTICE OF DEPOSITIONS: David Griffith, John F. Griffith, Solomon Wilson, Nancy Price, David Myers & William P. Witcher to be taken 16, 17 & 18 Jan 1854.
NOTICE: To Edwin Price from Stephen Price. Deposition of Tandy K. Witcher to be taken 15 November 1850.
PETITION: J. W. Cassetty died in Jackson Co. intestate 13 March 1904. Owned one acre of land & dwelling house and store house in which said Cassetty sold goods, descended to his widow Mattie and his only child Manella. Cheaply constructed frame, especially the store house, rural area, only valuable as a place to sell goods. Said Cassetty built up a good business. Defendant is an infant 3 years of age, of more advantage to child to sell the place, put money at interest. Widow has moved to Wilson Co., TN where her people live, and place is rented now. s/s J. T. Anderson, Solicitor for Complainant W. C. Anderson, guardian ad litem for minor defendant.
REPORT OF SALE: Sold by decree, P. P. Cassetty became purchaser 21 Sept 1904. All right, title and interest of both Complainant and Defendant be vested out of them and into said P. P. Cassetty.
BILL OF COMPLAINT: James W. Cassetty died intestate 13 March 1904. Widow Mattie Cassetty is Complainant and defendant Manella Cassetty, infant daughter, is his only heir. Owned 3rd Dist., Wartrace Creek, bounded north by Sid Hufhines, east by Wiggins, south by W. A. Carver, west by [blank] Hufhines. She is now able to sell real estate for sum of $800 if not more. Complainant is now 27 years old and Defendant 3 years.
DEPOSITION: S. H. Carver, age 51, farmer 3rd Dist, knew J. W. Cassetty, lived 1 1/2 mile, traded with him. Complainant lives in Wilson Co. Her father and some sisters live there. s/s S. H. Carver
DEPOSITION: M. H. Dycus age 44, farmer [nothing new].
[NOTE: Several pages of Guardian settlements, abstracted highlights only. Mattie Cassetty appears to have remarried before Manella Cassetty came of age - mlj].
RESIGNATION: W. C. Anderson by his atty J. T. Anderson resigned as guardian, W. M. Gailbreath accepted, posted bond. Transferred $851.65 to Gailbreath [no date, but first settlement in 1904, year James W. Cassetty died, was by W. M. Gailbreath - mlj].
SETTLEMENT: May term County Court 1906 with Mattie Cassetty, widow of J. W. Cassetty.
SETTLEMENT: 14 February 1910, Receipt from Mattie Marks for benefit of ward Manella Cassetty, clothing & etc. when Mrs. Marks house was burned.
SETTLEMENT: 4 July 1915, W. M. Gailbreath, guardian of Manella Cassetty makes settlement with Mattie Marks, mother of ward.
SETTLEMENT: 20 August 1920, W. M. Gailbreath, check to Manilla Cassetty endorsed by her mother for $50. Receipt from Mrs. Mattie Marks for Manilla.
FINAL SETTLEMENT: 23 March 1922, W. M. Gailbreath, guardian of Manilla Cassetty, heir of James Cassetty, deceased. G.S. "D", page 119.
DEPOSITION: W. W. McCue age 33, knew Reuben Beck in his lifetime, recognize his signature on note to T. & R. C. Kirkpatrick dated 20 Dec 1855 for $517.94, due any day after date. 10 May 1860. s/s W. W. McCue
DEPOSITION: Joel W. Settle [no age]. Had note of Reuben Beck to me dated 21 Decr 1855 for $908.98 in my possession up to 14 Mar 1860, at which time my store house & papers burned. 10 May 1860. s/s Joel W. Settle
[First part of this document missing]... defendant Gore as Guardian. Your Orator discovered in executing note of $160 it should have been for benefit of the widow as [well as] for said heirs. Your Orator again after the first decree in the case of Kirkpatrick vs Chism heirs called on said Gore for a correction & settlement of the matter, & was informed by sd Gore that he had resigned his guardianship and handled sd note over to defendant Beck who had been appointed in his stead. Orator called upon said Beck regarding mistake, and said payment should be claimed as credit to his wife, Beck refused. Orator tried to get matter corrected without suit, Beck sued and recovered judgment.
Orator asks all parties be defendants to this suit, defendant Ann Beck state what interest she had in funds from the sale of Tan yard & town property; state what amounts paid her before 7 Jany 1845 and since, any means in my hands belonging to James Chism decd.
Let defendant Reuben Beck state if his wife did not say to him on the day of trial payments to her were not correct.
Let defendant Quarles say if he was Admr of estate.
Oraator prays that Reuben Beck be enjoined from collecting judgments.
8 Sept 1855. s/s Denton & Washburn, Sol. s/s G. M. McWherter
ANSWER: Toliver Kirkpatrick to Bill of Complaint of Sampson W. Cassetty, Admr of Reuben Beck and against Jesse Z. Beck, this Respondent & others in Chancery Court at Gainsboro. Reuben Beck died intestate in Jackson Co. as stated, indebted Respondent supposes as stated, and Complainant qualified as Administrator.
16 November 1853, Respondent sold land for $590 to deceased. Respondent took notes of same date, due 1 March 1854 for $100; 1 March 1855 for $195; 1 March 1856 for $195. Payment of $90.30 on the first note was made 20 Nov 1855. With exception of this, balance of $502.52 including interest is due.
Asks this be filed as answer and cross-bill. 11 July 1859. s/s Toliver Kirkpatrick
REPORT OF SALE: L. L. Clements, former Clerk & Master vs Jesse Z. Beck. 1st Monday in Nov 1867, land mentioned in pleadings was sold to highest bidder when the heirs of Willis Little, deceased & Michael Kirkpatrick beneficiaries became the purchaser, being the highest bidder at $1200, and they being beneficiaries no money was paid. Feby term 1868. s/s R. A. Cox, Clerk & Master
SUMMONS: Jesse Z. Beck to appear on 1st Wednesday after 2nd Monday in July next to give answer. Dated 1st Wed after 1st Mon in Feby 1859. W. H. Botts, C & M
REPORT OF SALE: 3 Sept 1859 William A. Hare became purchaser at public auction, for $286. Land in Dist 1, Jackson Co., TN on east side of Cumberland River, east fork of Doe Creek... boundary line of Nicholas Haile's 160 acre tract... to west back of said fork of Doe Creek ... boundary line of ?Jubilee Bedford's 100 acre survey... south boundary of Robert Jennings 43 acres ... Noles 160 acre survey... point of beginning containing 50 acres.
Also another tract on east fork of Doe Creek containing about 20 acres... being part of 35 acre tract granted to ?Ennon Putnam by grant No. 14780 ... said two tracts conveyed by Toliver Kirkpatrick to Reuben Beck, which two tracts William A. Hare purchased at the price of $603.50 for which he executed several notes with Toliver Kirkpatrick and R. C. Kirkpatrick his Security, which note is good... Thomas H. Butler became the purchaser. February term 1860.
ANSWER: John B. Harvey to Bill of Complaint by Sampson W. Cassetty, Admr, estate of Reuben Beck, decd against respondent and heirs of said Reuben Beck, defendants. Respondent intermarried with Elizabeth, a daughter of Reuben Beck, and that she is dead. She left two children born during their marriage, Martha & Elzada who are minors living with Respondent in Cumberland Co., KY. Reuben Beck died without having left a will. At his death he owned a negro man named Harry and lands in Jackson Co. near town of Gainesboro, knows nothing about lands, personal effects, debts.
Ann F. Beck is the widow of Reuben Beck, deceased, and that Lucy Jane who is married to Abner Harvey of Missouri, Jesse Z. Beck, Susan E. Beck, William A. Beck, Nathaniel T. Beck, Sarah F. Beck, Mary G. Beck, Alice B. Beck, Reuben S. Beck are children of said Reuben Beck and the said Martha & Elzada Harvey are his grand children and are children of his said daughter Elizabeth, deceased. [No date] s/s John B. Harvey
ANSWER: Toliver Kirkpatrick to Bill of Complaint by Geo M. McWherter. About 7 Jan 1845, Complaint and Respondent as security executed to Mounce Gore as guardian of Nancy T. Chism and Priscilla F. Chism a note for $160. Note should have been executed for the widow as well as for heirs of James Chism. A Tan yard and two town lots in Gainesboro were sold by Court decree as estate of James Chism. Respondent purchased at $800 and executed notes due 1 Feb 1841 for $525. About 29 November 1844, Complaint agreed with Respondent to take the house and two town lots as $200 payment due on balance. s/s Quarles
DEPOSITION: Sampson W. Cassetty, age 41, had conversation with defendant Simpson about land in dispute on or about the day Simpson's deed was acknowledged before me by David Johnson. I told Simpson that the land described in the deed from Johnson was lived on and advertised to be sold. 7 July 1850. s/s S. W. Cassetty
DEPOSITION: Absolum Johnson, 46. When David Johnson left this country he took with him a wagon, 4 horses, 3 beds and furniture, perhaps other small articles. Know of no other land he owns except land on Flynns Creek. David Johnson left about the first October 1846. 7 July 1850. s/s Absolum Johnson
ANSWER: Reuben Beck and his wife Ann Beck, Toliver Kirkpatrick and James Quarles to Bill of Complaint filed by George McWherter. Complainant as Clerk & Master sold a tan yard by court decree on 3 Dec 1840 adjacent town of Gainesboro, and two town lots which James Chism died seized [owning]. Respt Toliver Kirkpatrick was purchaser at $800. Respondent Ann (now Ann Beck) was the widow of James Chism and entitled to dower in sum of $250. Children of James Chism were Nancy T. and Priscilla F. Chism and Mounce Gore was their guardian.
Respondent Beck answering says he is guardian of said Nancy T. and Priscilla F. Chism, and was at and before the commencement of this suit. That Mounce Gore former guardian handed over to him a note.
Respondent Beck further answering says that he did not live in the State of Tennessee at the time of the sale of the said Tan yard & town lots.
s/s J. T. Quarles, Reuben Beck, Mounce Gore, Ann F. Beck
BILL OF COMPLAINT: George M. McWherter against Reuben Beck, guardian of Nancy T. Chism & Priscilla F. Chism, minor heirs of James Chism, deceased; Mounce Gore former guardian; Ann Beck wife of defendant Reuben Beck & widow of James Chism, deceased; James T. Quarles, Admr of James Chism, deceased; and Toliver Kirkpatrick, all of Jackson Co.
Orator about 7 January 1845 executed a note as security for defendant Toliver Kirkpatrick to Mounce Gore as guardian to Nancy T. & Priscilla F. Chism. Ann Beck is the mother of said minors and widow of deceased.
Your Orator was formerly Clerk of Chancery Court at Gainesboro, as clerk sold Tan yard 3 Decr 1840 under court decree, and two town lots owned by James Chism in his lifetime. Kirkpatrick purchased them. Decree ordered him as Clerk to pay $160 to James Quarles as guardian and to pay accrued interest on his intestate James Chism's indebtedness in the State of Missouri.
Ann Beck as widow of James Chism was entitled to Dower of $250.
REPORT OF SALE: 2 April 1860, Jesse Z. Beck & William A. Beck became purchaser, including widow's dower, of land owned by Reuben Beck at his death, $3002 in notes... William Porter's north boundary, 520 acres.
BILL OF COMPLAINT: Sampson W. Cassetty of Jackson Co., TN against William A. Beck, Susan E. Beck, Nathaniel T. Beck, Sarah F. Beck, Mary G. Beck and Reuben S. Beck of said Jackson Co., the last five of whom are minors; Jesse Z. Beck of the County of Putnam in said state; Abner Harvey & his wife Lucy Jane Harvey of the State of Missouri; Martha Harvey and Elzada Harvey, the two last are minors of the State of Kentucky; and Joel W. Settle, Toliver Kirkpatrick and Robert C. Kirkpatrick of Jackson Co.
Reuben Beck died at his residence [blank] Feby 1859, leaving his widow Ann F. Beck and his children William A., Susan E., Nathaniel T., Sarah F., Mary G., Alice B. and Reuben S. Beck, the last five minors all of Jackson Co.; and Lucy Jane Harvey married to Abner Harvey of the State of Missouri; and his grand children Martha Harvey & Elzada Harvey, children of his late daughter Elizabeth who is dead and her husband John B. Harvey, still living in the State of Kentucky.
ANSWER: M. G. B. Stubblefield to Bill of Complaint. Respondent knows nothing about judgment against respondent & Thomas M. Stubblefield & William Proctor in 1859 of $93 and costs. Respondent was not a resident of State of Tennessee at that time.
Admits Sampson W. Cassety was security for defendants, Respondent being principal.
Admits Thomas Stubblefield, William T. Procter & his wife Susan [?init] Procter are non residents of the State of Tennessee.
Margrett C. McCarver was the mother of defendants as alleged.
Defendant Thomas W. Stubblefield stated to Respondent in 1863 in the State of Arkansas that the debt to Cassetty had been paid. 13 April 1867. [Signed] John P. Murray, Sol., [Signed] M. G. B. Stubblefield
BILL OF COMPLAINT: Sampson A. Cassetty of Jackson Co., vs William L. Stubblefield, Monteval B. Stubblefield of same; Thomas M. Stubblefield of Missouri or Arkansas; and William Proctor & wife Susan J. Proctor of Arkansas.
Margarette C. McCarver was the mother of defendants W. L., M. G. B., Thomas M. Stubblefield and the mother in law of William Proctor. She devised property to her children, leaving last will. 7 Dec 1866. Sampson A. [hix X mark] Cassetty
ANSWER of Thomas M. Stubblefield to Bill of Complaint: Union Twp, Fulton Co., Arkansas 26 June 1868} I, Thomas M. Stubblefield, was Security with Sampson A. Cassetty on a note. Said Cassetty informed me he paid off the note and for my share I paid Cassetty one yoke of steers. I lived only one mile from Cassetty in Jackson Co. He was anxious to have all transactions settled as I was leaving the state. Cassetty gave me a receipt. Living near the border my house was robbed several times by rebels, my papers carried off & destroyed. I left with my family and had two yoke of cattle drawing my wagon, satisfied I owned no man a single cent. s/s Thomas M. Stubblefield
LAST WILL OF MARGARETT C. McCARVER
I, Margarett C. McCarver of Jackson Co., Tennessee... sound mind.
1st Debts & funeral expenses paid.
2nd Remainder to my three oldest children Wm. L. Stubblefield, Thomas M. Stubblefield & Susan J. Proctor wife of William Proctor, as follows... my son Wm. L. Stubblefield ...personal property, house and kitchen furniture and $200 above his share for his care and attention to me in my old age.
Balance equally divided between three oldest children Wm. L. Stubblefield, Thomas M. Stubblefield and Susan Proctor.
Wm L. Stubblefield to keep the land and pay Thomas M. Stubblefield & Susan J. Proctor their portion.
My son Wm L. Stubblefield to be Executor. 11 February 1862. Margaret [X] McCarver Witnesses: A. M. Furguson, Thomas Bryant
[No probate/recordation date; "True & correct copy" 24 July 1869]
AMENDED BILL OF COMPLAINT: James R. Tolbert of Jackson Co. against M. G. B. Stubblefield, Margaret McCarver, Logan H. McCarver and John P. Murray & Harvy H. Draper all of Jackson Co. However, Logan H. McCarver is said to be absent from this state on business. Harvy H. Draper is constable of Jackson Co. 11 June 1858.
BILL OF COMPLAINT: J. R. Tolbert against M. G. B. Stubblefield & Margret McCarver. Some time in the fall 1855, Orator & M. G. B. Stubblefield partnered for purpose of buying & trading horses to the North and when ended, Stubblefield owned him money. [No date, no relationships given].
BILL OF COMPLAINT: Thomas D. Cassetty against James W. Burke & Thomas J. Jones, all of Jackson Co., TN. 11 July 1856 the Bank of Tennessee recovered judgment against deft James W. Burke & one William C. Burke, your orator & one Thomas H. Butler for $53 and costs. James W. and Wm C. Burke are both insolvent. Deft James W. Burke some time ago purchased of deft Thomas J. Jones land in Dist 11, Flynn's Creek... commence Flynn's Lick & Ft Blount Rd... A. W. Johnson's line... run with said road to Brown & Lee's land bought of Thomas J. Jones, west to James Draper lands... to A. W. Johnson's lands... with said Johnson's to beginning, being where deft James W. Burke & Ben W. Richmond now life. 30 Aug 1856.
BILL OF COMPLAINT: R. E. Cates & Robert C. Kirpatrick of the State of TN against John Lee & William R. Kenner of Jackson Co., TN.
Orator R. E. Cates on 4 July 1859 received judgment against John Lee $159.75 & costs. No property found, still unpaid, owes him other debts. John Lee is insolvent. Deft John Lee was owner & in possession of a negroe woman slave named Emily, age about 26, worth perhaps $1300-$1400. On 24 Jan 1860 said defendant John Lee pretended to sell to deft William R. Kenner said negroe woman, has never paid... Lee retains possession. 4 Feby 1860.
AGREEMENT: Complainants & Defendants agree sale of negro woman Emily by John Lee to Wm R. Kenner to be set aside, Emily to be sold to pay debts. [No date].
REPORT OF SALE: Feby term 1861, Negro woman Emily sold to R. C. Kirkpatrick and John B. Anderson for $900. John Lee executed bond with Benjamin Chapman and John B. Anderson his security.
SUMMONS: J. H. Chaffin, H. H. Loftis, S. J. Loftis, dba J. H. Chaffin & Co.
DEPOSITION: J. M. Parker 44, live Cedar Rapids, Iowa, am Sec-Treas of Barton-Parker Mfg. Co. of Cedar Rapids. R. W. Crockett, a traveling salesman for Barton-Parker sold J. H. Chaffin & Co. goods, took note, which was sold to Cedar Rapids National Bank. s/s
REPORT: 1st Monday in December 1910, estate declared insolvent.
BILL OF COMPLAINT: M. G. Butler, L. Washburn, George Anderson & Abner Chaffin, Admrs of J. W. Anderson, decd, all of Jackson Co. against
Ned Anderson, Martha Hannah, Lady Mayberry & husband Monroe Mayberry, Dona Brown & her husband Will Brown, Florence Chaffin, wife of Complainant Abner Chaffin, S. B. Fowler, George Smith, T. W. Lowe, Executor of L. S. Anderson, deceased, L. B. Anderson, H. J. Lynch, M. M. McCoin, E. W. Mayberry, William Harris & Son, W. D. McCoin & Co., E. A. Brown, Doxie West, A. O. Birdwell, Dora Anderson, all of Jackson Co. except T. W. Lowe who is perhaps a citizen of Putnam Co.
James W. Anderson departed life in Jackson Co. 1 April 1910, leaving Complainant Geo Anderson & defendants Ned Anderson, Martha Hannah, Lady Mayberry, Dona Brown, Florence Chaffin & Dora Anderson his only heirs.
Owned following land, not sufficient to pay debts: Dist 1, Roaring River where deceased resided at death, bounded east by M. L. Gore heirs & S. G. Gore, known as the long branch tract and bounded north and west by land of Andy Johnson and south by Roaring River, being 70 acres.
DEPOSITION: Monroe Mayberry, am a son in law of James W. Anderson. s/s
DEPOSITION: Ned Anderson, live 6th Dist, am son of J. W. Anderson, deceased. s/s
AMENDED BILL OF COMPLAINT: Filed 27 August 1860 against defendant Fox. 14 Nov 1859 he sold to deft Richard Fox land on Flynn's Creek, about 80 acres on notes. Part of the contract that he would give his sons Wm W. Fox and ?Kendrick Fox as Security. After purchasing, defendant Richard Fox moved upon it and is growing corn & tobacco, never paid any part of purchase price. Fox is insolvent.
SUMMONS TO APPEAR: Alexander Ray alias Alexander Hanner, George Ray alias George Hanner and Jessie Hanner, to appear 7 Aug 1867.
20 August 1866, George Ray executed note to Richard Fox. Others are his security. [Signed] George Ray, Alexander Ray Jessie [his X mark] Hanner
Pltff cannot go to trial without testimony of America Haynee, F. M. Loftis & Fox Chaffin. [Disagreement over a mule. Supposed to be 6 years old and in foal, was about 14 years old, not in foal]. H. L. Chaffin is father of Plaintiff.
DEPOSITION: Dan Smith, owned mare last year until about Oct. Had not owned her quite a year, I think. Riley Gentry gave her to my wife.
Regarded paying expenses of the Good Road Commissioners. A. H. Johnson was elected Chairman & U. T. Anderson was Secretary. No relationships given. [An insomniac or a serious student/historian of Jackson Co. roads might be interested in this - mlj].
DEPOSITION: Z. M. Young, will be 74 the 15th of next month. Been living Lafayette, TN nearly 11 years. John W. Young was my brother. Helen was his wife. They lived in District 10, Jackson Co. I bought the land when it sold for back taxes for years about 1861 until I purchased at sale in 1872. Took deed two years later when right of redemption expired, Court confirmed it. Had the deed in the Bank of Gainesboro, it burned 5-6 years ago with all my other papers. Was 33 acres, former owner was John S. Turner who lived in Smith Co.
About 7, 8 or 10 years after I let my brother John W. Young move to the place, I agreed to let him have it if he would pay me back taxes and costs, around $100. He paid $50, never paid any more, and no deed was ever made.
He was living in Smith County and his father in law died and the land was sold where he lived, and I told him to move on it. A man from Macon Co. came to me about buying timber, and we went to look, and found the land had all been sold about two years ago.
I knew Edmund Turner, son of John S. Turner. Never heard of him making a deed to Helen Young until last night.
I lived in Gainesboro in 1891. Had no knowledge of John W. Young selling land to William Pippin. William Pippin married a daughter of John W. Young.
Don't recall G. W. "Buck" Bean, didn't know John W. Young sold Bean 22 acres in 1894.
About two years ago when we went to see about timber, Woodfork Pippin told me about all the sales, and I turned and come back home.
Question: Do you know A. M. Byres?
Answer: I know Andrew Byres very well, don't believe I know his son. Woodfork Pippin told me about John W. Young and wife Helen conveying land to A. N. Byres, and other sales. Dated 5 April 1913. s/s Z. M. Young
ANSWER: Francis Montgomery to Bill of Complaint by J. M. Chaffin, 13 Jan 1912. Helen Young and John W. Young are both dead, she having dead before her husband. I bought land from them 5 Feb 1907. My husband is D. A. Montgomewry. Wesley Jacques was her tenant, failed to pay, lease term expired. She filed suit of ejectment. Have been in continuous possession, either self or my agent, since purchase. 31 Jan 1912. s/s Francis Montgomery
BILL OF COMPLAINT: B. P. Maberry & wife Ova Maberry, William Pippin & wife Winnie Pippin, Mary Pippin, John B. Stafford & wife Mollie Stafford, Westley Jaquess & wife Ellen Jaquess, James Chaffin & wife Elizabeth Chaffin, Jesse Linville, Dora Linville, Geneva Pippin & Joe Linville, citizens of Putnam and Jackson Co., TN. J. T. Young, Mary McBroom & her husband Green McBroom, Eva Jaquess, Pearl Linville, citizens of the State of Kentucky, Ebbie Merrett & her husband [blank] Merrett, John Linville & Frank Linville, citizens of the State of California against
D. A. Montgomery & wife Frances Montgomery of Putnam Co.
Helen Young departed life intestate many years ago leaving husband John W. Young surviving her. He is now dead.
Complainants together with defendants hereto except husbands of married women are the only heirs at law.
Frank Pippin & Mary Pippin are the only children and heirs of Ollie Pippin, deceased, who was a daughter of Helen Young and as such are entitled to their mother's share in said Helen Young's estate.
Complainants Mollie Stafford, Pearl Linville & John Linville together with one James Linville were the only children and heirs of Nannie Linville, a deceased daughter of said Helen Young... entitled to their mother's share. James Linville is now dead and complainants Mary Linville, Jessie Linville, Dora Linville & Joe Linville are his only heirs... entitled to their father's share.
Complainants Ebby Merrett, Eva May Jacquess and Mary McBroom are the only children and heirs of Mary Jaquess, a deceased daughter of Helen Young, and entitled to their mother's share.
Helen Young died seized and possessed of land in 10th District, Jackson Co., TN, bounded east by Polly Ann Montgomery, Winton Anderson & W. W. Lacy; south by John Whitson & Tilden Medders; west by Ab Harly & Polly Ann Montgomery; north by W. W. Pippin, containing 150 acres.
At the death of Helen Young, land descended to her children, grandchildren and heirs who held the same as tenant by the courtesy of her husband John W. Young, terminated at his death about ?twelve months ago.
Complainants Geneva Pippin, Mary Linville, Dora Linville and Joe Linville are minors without regular guardian, sue by next friend James Chaffin.
Land not susceptible of partition. Complainants are now in possession, Westley Jaquess made a crop there in 1911 and is holding land for his wife Ellen and the rest of the children and heirs of Helen Young.
Defendants are setting up some claim to possession as heirs of said deceased Helen Young. Complainants ask land be sold and funds distributed. Dated 11 January 1912. J. M. [his X mark] Chaffin [Signed] M. G. Butler, Geo. G. Haile, J. H. Stafford, Sol.
DEED: We, James Chaffin & wife Elizabeth Chaffin, William Pippin & wife Winnie Pippin and G. W. Jaquess & wife Elen Jaquess transfer to John H. Stafford... interest in lands of Helen Young land, 10th Dist., Jackson Co., on ?Bowermans Branch & Blackburn's Fork, being same land granted to Edward Lox & John S. Turner and being same land decreed to be sold by Jackson Co. Chancery Court, April term 1913 for distribution among heirs of Helen Young. 25 July 1913. s/s Wm Pippin, Winney Pippin
DEED: John W. Young... love and affection for my daughter Frances Montgomery, wife of D. A. Montgomery and care of me in declining years, I convey following land in 10th District... bounded east by Mrs. Davinda Anderson, south by John Mayberry, west by John Scarlet, north by Woodfork Pippin, about 100 acres known as the John W. Young old home place. I covenant with my daughter ... clear title.
If I should outlive my daughter Frances Montgomery, I am to have a reasonable support and decent burial out of this land or... proceeds thereof. I therefore retain a life interest in said land to this extent and no further. 5 Feby 1907. J. W. [his X mark] Young
DEED: I, John T. Young of the State of Kentucky transfer my interest to John H. Stafford, being one-eight interest my mother died seized and possessed. 10 July 1913. [Signed] J. T. Young, M. A. [her X mark] Young
AFFIDAVIT: I, J. T. Young... informed suit against my sister Frances Montgomery & her husband D. A. Montgomery to recover tract where my father and mother John W. Young and Helen Young formerly lived in 10th District... recognize Frances Montgomery as true owner. 30 March 1912. s/s J. T. Young
Acknowledgment of J. T. Young, Scottsville, Allen Co., Co.
DEPOSITION: J. M. Chaffin age 62, occupation former blacksmith, am a Complainant. Became acquainted with John W. and Helen Young the year I married, in 1872 or 2. Knew John S. Turner in his life. He lived in Smith Co., owned considerable property. He died a short time before I married. My wife is John S. Turner's grand daughter. My wife is John W. Young's daughter.
John W. Young & his wife lived on John S. Turner's land in Smith Co. at the time I married, came back to Jackson Co. about a year after I married.
We visited [with John W. and Helen Young] about 4-6 months after they moved on the 600 acre tract described as grant No. 6573, State of Tennessee to John S. Turner and Edward Lox. Mrs. Young said her Papa gave it to her and wanted us to move on it, that there was enough land for us all a house.
Question: Say whether J. W. Young's chief calling during his life was to hunt, fish and trap.
Answer: He was a right smart man to hunt & he would fish he loved to fish. Would spend considerable of his time running foxes, catching coon & calling squirrels.
Mrs. Young worked as long as she was able... sold off some land for necessaries for the family. 100 acres to Wm Pippin, J. D. Jaquess maybe 25, Si Anderson 10 or 15, Buck Bean 20, maybe some to Wm Lacy, some to Andy Byers - maybe 15 acres, some to John Red Pippin, about $5.00 worth, Rube Johnson maybe 25 acres. s/s J. M. Chaffin
NOTICE OF DEPOSITIONS: 26 Feb 1913 to be taken of Winnie Pippin, Wm Pippin, J. M. Chaffin, Westley Jaquess, Ellen Jaquess.
DEPOSITION: Winnie Pippin age 48, am a daughter of John W. Young & Helen Young. Jno S. Turner was Helen Young's father and the father in law of John W. Young. I was 9 or 10 when we left John S. Turner's land in Smith Co. Grandfather died while we lived on his land. John S. Turner's children were Virginia Turner, Edward Turner, James Turner, Pricilla Turner & Helen who married my father, making five.
At the death of John S. Turner, Aunt Virginia was dead, Aunt Pricilla living - she was gone from this country, but don't know where. Ed lived in Nashville not far from grandfather.
Mother died May 5, will be 15 years next May [5 May 1898].
Understood Mother & Papa got Edward Lox' interest in the 600 acres.
Frances Montgomery is my sister. After Mother died, Father went to Frances' to live.
Papa said he rented to Westley Jaquess for $20 and to put a room to the house. This was in the fall and he [J. W. Young] died in February the next year.
Turner Young lived on the place in a different house at the time Father moved to D. W. Montgomery's to live.
My sister is Elizabeth Chaffin, she lived in Double Springs Jany 1912.
Question: Who signed the contract for counsel, and what was the fee?
Answer: Those that signed, or authorized someone to sign I understand: Wesley Jaquess & wife, Pickett Maberry & wife, John Davis & wife, Frank Pippin & wife, George McBroom & wife, John Stafford & wife, understand Eva May Jaquess now Jenkins, John Linville, Mollie Linville the mother of Jim Linville's children, she has since married again I understand, Jim Chaffin & wife. The lawyer was to get half of what was recovered.
John W. Young was somewhere between 82 and 84 at his death.
I visited my sister Mrs. Chaffin in Putnam Co. She said would not give her deposition as she said she did not have her mind half of the time since her daughter drowned and that she had a bad heart trouble. She said she didn't have her mind half of the time since Helen got drowned about three years ago. s/s Winnie Pippin
DEPOSITION: Ellen Jaquish, will be 50 the 3rd day of Sept next. John W. and Helen Young were my mother & father. John S. Turner was my mother's father. He and Edward Lox had grant No. 6573 from State of Tennessee dated 5 Jan 1839. John W. and Helen Young lived on the land before they moved to Smith Co. They moved to grand father John S. Turner's in Smith about 1870 or 1871, moved back after two or three years. My oldest sister Elizabeth married while they lived in Smith Co. Grandfather died before Elizabeth married.
Aunt Priscilla wrote mother once and asked what she was going to do about the land and mother wrote back and told her that her father had given it to her and had offered it to some of the other children and they would not accept of it, and she never heard from her any more.
After Mother died, Father stayed on the land from May until next March, then went to Dent Montgomery's, his son in law.
Question: Who was in possession?
Answer: Turner was in possession of part of it, my brother, his full name is John Turner Young. My husband Wesley and myself rented land from John W. Young, been about 8 years the 3rd of last January. s/s Ellen Jaquess
DEPOSITION: M. W. Jaquess age 54, farmer, live Putnam Co. near Double Springs. I married a daughter of John W. and Helen Young. John W. Young died February 3rd, 1911.
My father built and moved on this land about 1871 or 1872.
She [Helen] was an industrious woman, spun & wove cloth & cut and made clothing for her family and neighbors. She was the neighborhood midwife and got considerable in that way for the support of her family. John W. Young collected her fees and used it.
Question: Didn't Frances Montgomery rent the land to you in 1910 and send her son Luke Montgomery and Bill Williams to break the land for you?
Answer: No sir don't think she did. Think she did in 1907, third year I moved on the farm.
Question: Do you recognize this letter dated 7 Feby 1910, and can it be entered as an exhibit?
Answer: My daughter Burma [or Burna] wrote the first part, my wife Bettie knew about the first part. I don't know about the second part that somebody else wrote [would not allow to be entered as an exhibit - mlj]. s/s M. W. Jaquess
DEED: We Mary McBroom and husband George McBroom sell... for $25 to John H. Stafford, interest in Helen Young land in 10th Dist. 18 Aug 1913. [Both sign]
DEPOSITION: J. A. Harly 56, live Dist 10, Jackson Co., occupation farmer. Knew John W. Young, had a conversation with the old man at the depot in Cookeville. He was fretted about Picket Maberry filing bill to sell land. 21 March 1913. s/s J. A. Harly
DEPOSITION: William Pippin 49, live 10th Dist, occupation farmer. Mrs. Young has been dead 15 years the 5th of this coming May. 21 March 1913. s/s W. M. Pippin
DEED: We, James M. Chaffin & wife Elizabeth Chaffin, sell to John H. Stafford for $75 their interest in land owned by Helen Young... following decree of court, sale not confirmed. 4 August 1913. J. M. [his X mark] Chaffin, Elizabeth [her X mark] Chaffin
DEED: In consideration of the fact that my niece Frances Montgomery has taken care of my brother John W. Young... feel she should be compensated... convey any interest I may have in land conveyed to her by her father, purchased by me for back taxes in 1872. Dated 5 April 1913. s/s Z. M. Young
AFFIDAVIT: We John Linville & Ebbie Murat are informed a suit was filed against my Aunt Frances Montgomery and her husband D. A. Montgomery to recover land my father and mother John W. Young and Helen Young formerly lived, 10th District, Jackson Co., TN.... ask suit be dismissed and recognize Frances Montgomery as owner. [Signed] John Linville, Ebba Murat. Acknowledged 12 March, 1912, Madera Co., California.
DEPOSITION: W. B. Stafford, will be 49 on 25th of next April. Had litigation with John W. Young over this land 18-20 years ago. I lived on the adjoining farm, something like two years. Was a relative of Mrs. Young and visited her as a boy. Land was surveyed by Logan Jackson. I was there when it was surveyed in the interest of my wife and John W. Young was there in interest of his wife. 15 Mar 1913 s/s W. B. Stafford
DEPOSITION: W. E. Smith, age 78, live 1st District, Jackson Co. Lived on adjacent land to John W. and Helen Young about seven years. I moved away some 12-13 years ago. 15 March 1913. s/s W. E. Smith
DEPOSITION: J. W. Stafford age 67, am a nephew of Young, stayed there 1869. They lived 10th Dist, this county. Knew John S. Turner, her father. John S. had a son Edward P. Young, lived in Nashville. Helen and Edward survived their father John S. Young, he has been dead 20-30 years. s/s J. W. Stafford
DEPOSITION: R. E. Johnson, age 76. Was born and raised on adjacent land. Young and his wife moved on the land shortly before the war. s/s s/s R. E. Johnson
DEPOSITION: J. M. Dudney, age 51. Am a nephew of Young. s/s J. M. Dudney
DEPOSITION: A. C. Stafford, age 66. John Turner died about 1869. Helen about 15 years ago. s/s A. C. Stafford
DEPOSITION: J. W. Young, taken 23 August 1895, am age 68. Owned land about 34 years, father in law gave it to me and my wife. s/s J. W. Young
[Notation this deposition was taken from a State case; possibly State of Tennessee vs Z. M. Young - mlj].
POWER OF ATTORNEY: State of California, County of Alameda} We, Ebba Murat (formerly Ebba Jaquess) and her husband Fred Murat appoint John H. Stafford our attorney to receive funds... being $27.21... case of J. M. Chaffin etal vs D. A. Montgomery, etal. 13 October 1914. s/s Ebba Murat, Fred Murat
John R. Chaffin, Guardian, vs Noah S. Chaffin, Luke M. Chaffin, Polly E. Chaffin, minor children & heirs of W. J. Chaffin, deceased. Cause heard December term, 1876. William J. Chaffin departed life in Jackson Co. [blank] Sept 1873. Defendants are his only children and legal heirs. Owned land in 1st District, Jackson Co., bounded by land of Goess heirs on north; T. D. Young on west; Elizabeth Chaffin & T. D. Young on east, being 98 acres where Wm J. Chaffin resided at his last breath, and same purchased by him of S. S. Dudney. Last is mostly hillside. B. B. Chaffin became purchaser at $370. Dated 6 November 1876.
PETITION: John R. Chaffin. Wm J. Chaffin died intestate [blank] September 1873, his wife died a few days before him. Only children are Noah S. Chaffin, Luke M. Chaffin, Polly E. Chaffin, all minors under age 14.
[Note: There are several settlements over several years, from 6 October 1873, but none give name of Wm J. Chaffin's wife - mlj].
Tennessee Supreme Court reviewed Jackson Co. decision, tresspass action. Because Plaintiffs had no title to land, were not in possession. Complainants except Shade Murray & Elizabeth Chaffin were owners in fee simple. Land in 1st District on Roaring River... Nimrod Johnson's line... bluff near Uriah Staffords spring. Island decreed to Complainants. 6 October 1893.
BILL OF COMPLAINT: J. D. Goodpasture and W. H. Goodpasture of Davidson Co., Tennessee against Elizabeth Chaffin, Marion Chaffin, John R. Chaffin, Benjamin B. Chaffin, Labon Loftis, Eliza Loftis, G. R. Loftis, Sallie Loftis, F. M. Loftis, Mary Loftis, Martha Chaffin now Brown & [blank] Brown, James Chaffin, Pollin Elizabeth Chaffin now Loftis, Pierce Loftis, Noah Chaffin, Luke Chaffin, Mary Elizabeth Chaffin, all of Jackson Co. except Laban Loftis and Eliza Loftis now Davidson Co., TN. Defendants owe them $100 + interest from 28 January 1887. Goodpasture & Goodpasture employed to represent as attorney and solicitor John R. Chaffin, etal before State Supreme Court.
DEPOSITION: A. H. Morgan, was borned in Jackson Co. Known island since 1834, lived 1/4 mile 1834 & 1835. The main river ran around by Uriah Stafford.
J. M. and G. H. Morgan are my nephews. My first wife was a daughter of Nimrod Johnson. Lived on Johnson's land 1834 & 1835. No one claimed to own the island. I lived on the upper 50 acres near the mouth of Morrison Creek. s/s A. H. Morgan
DEPOSITION: M. W. Cummings, age 62, born North Carolina, principle [sic] raised in this state. Came to this County 1833, lived here since except for five years, lived in Overton Co. 1833-1840 lived about 1 1/4 mile. Helped build the ford across the river between Mounce Gore's and Elizabeth Chaffin's. 1834 & 1835 A. H. Morgan lived on Nimrod Johnson's land near the dividing line, between the McClellan tract and Johnson's land. My father used to get him [Morgan] to make shoes for us.
Mounce Gore opposed the ford. It caused the water to wash out his field. I was 13 years old in 1833. Have been engaged in the water mill business ever since my father located on Roaring River in 1833. 13 Sept 1882. s/s M. W. Cummings
DEPOSITION: Laborne J. Loftis, taken at Gallatin, Tenn, office of Lee Head, 20 Feby 1883. Know parties and island and Chaffin's ford in Roaring River. Known Island since Chaffin bought it. Known parties to suit 30 years. I married Chaffin's daughter. Am 47, was raised in five miles of the island, lived in that distance until I moved from that county 12 years ago last fall. Lived on Abner Chaffin's farm close to him for 2 or 3 months, was the last of 1867, was about 1/2 mile. Knew tract which Abner Johnson bought at the sale of Nimrod Johnson's land in 1858. The island was in the boundary.
Elizabeth Chaffin is my mother and John R. Chaffin is my brother in law.
I helped run out a [survey] line between Sam Johnson & Abner Chaffin... ran from Hugh Stafford's spring branch, was between 1860 & 1865.
Believe [Mounce] Gore sent Abram or Jim Gore to Abner Chaffin for permission to get fence rails off the island before the war. 20 Feb 1883. s/s L. L. Loftis
[Note: Interrogatories to these answers at the end of the case on the reel - mlj].
DEPOSITION: F. M. Chaffin [blank] March 1883, town of Moline, County of Elk, State of Kansas. Elizabeth Chaffin is my mother and the others [complainants] are my brothers and sisters and their husbands. I am 43, born and raised in Jackson Co. Abe [Gore] asked permission to get wood in 1868, the year before my father died. Nimrod Johnson first claimed the island, then father and then my mother. I left [Jackson Co.] 1st of January 1872. 22 March 1883. s/s F. M. Chaffin
BILL OF COMPLAINT: Elizabeth Chaffin, Marion Chaffin, John R. Chaffin, Benjamin B. Chaffin, Labin Loftis & his wife Eliza Loftis, G. R. Loftis & his wife Sallie Loftis, F. M. Loftis & his wife Mary Loftis, Martha Chaffin, James Chaffin, Polly Elizabeth Chaffin, Noah Chaffin, Luke Chaffin, the latter three are minors who sue by the regular guardian and next friend John R. Chaffin and Mary Elizabeth Chaffin also a minor who sues by her regular guardian and next friend Elizabeth Chaffin and Shade Murry
M. L. Gore, S. G. Gore, Eliza Gore, William Gore, ?M. G. Butler, George H. Morgan & his wife Mary A. Morgan, J. M. Morgan & his wife Pauline Morgan, W. M. Pickett and his wife Ingaber B. Pickett of Jackson Co., TN and Elvira Pate of Overton Co., TN and W. B. Butler of the state of Texas, defendants
Humbly complain... Complainants are all citizens of Jackson Co, TN except Marion Chaffin of Ozark Co, MO and Labin Loftis and his [wife] Louiza Loftis of Sumner Co, TN.
Complainants except Shade Murray and Elizabeth Chaffin are the only heirs at law of Abner Chaffin who departed this life in Jackson Co, TN intestate in September 1869. Elizabeth Chaffin is the widow of said dec'd.
Abner Chaffin died seized and possessed of land lying in the 1st District of Jackson Co, TN on the south side of Roaring River ...Nimrod Johnson's line, then with his line to the river, thence down the river with its meanders to the beginning. For a more particular description refference [sic] is here made to grant No. [blank] from the state of North Carolina to John Brabble, a deed from Benjamin Johnson to Nimrod Johnson, and the decree of the Chancery Court at Gainesboro in the case of Samuel Johnson and others against Washington Morgan and others... includes an Island now formed in Roaring river below Uriah Stafford's. Orators and Oratrixes except Shade Murray & Elizabeth Chaffin are the owners in fee simple by decree & from their ancestor Abner Chaffin. Complainants aver that formerly there was no Island at said place it was only a sycamore bottom, the River then running on the North side of said bottom...
Tried in Jackson County, Tennessee and judgment rendered 25 Sept 1880 against your Orators John Chaffin and Elizabeth Chaffin and Shade Murray for $1.00 and cost of suit amounting to $262.73. 28 Jan 1881. s/s John P. Murray & son, Solrs for Complts
Elizabeth [her X mark] Chaffin, s/s John R. Chaffin
DEPOSITION: E. J. Gore states Abner Chaffin in his lifetime came to my mother to get rails. Said he bought the island, but he believed it to be my mother's when he bought. My father died December 1857. My mother was the widow of Mounce Gore, deceased, and as an heir of her father John Crawford, deceased, did claim said island. Not fit for cultivation... gravel. Was used for getting standing timber and rails which would lodge on it. I went to school in the little house on the head of the island in 1845 to Mr. Murphey. I have a multiplication table he gave me which bears that date. Mr. Lane taught there in 1844, Mr. Wash Whitaker previous to that. In 1842 went there to my brother Wm Gore. Was born and raised on the Gore farm. In 1845 I was 15 years old. [Signed] Eliza J. Gore
DEPOSITION: Uriah Stafford, age 81, born 28 April 1801. Came here in 1828, been here ever since, except about 18 months. First settled on Nim Johnson's land, which is now the upper part of the Chaffin farm, per a sale of Nim Johnson land. Rented lower tract from Nim Johnson. He lived on the upper tract.
Question: Tell how Joda Stafford and his son W. R. Stafford got in trouble on the north channel of the river.
Answer: There were three prongs to the Roaring River about the head of the island when I settled there. Joda Stafford went up to old Jefferson Loftis' still house & blacksmith shop with a couple of bull tong plows and one [?]brazier hook and got his work done. He started home pretty groggy and came on to my canoe and got into it and put his tools into it and started on down the River and came to these prongs of the River. He was drinking and did not know which way to go. He took the Middle Shoot and run against a big drift. The canoe struck the drift and run up on it a piece - It turned over and throwed out his plows & he got out on the drift it throwed him on the drift sorter and he came up to my house & etc. & he went slower and we could not do any thing with the canoe & could not find his plows I went back to my work we left the canoe there and he went off home. If Rial or any one was with him I don't know it. If Rial came & helped him get the canoe off I don't know any thing about that and don't know who came and got it - but next time I saw the canoe was down at the old mill & how they got there I dont know.
Question: Could Joda have gone the South slough at that time in the canoe safely?
Answer: I expect he could if he had not been drinking. s/s Uriah Stafford
DEPOSITION: John R. Chaffin, age 30, am son of Abner Chaffin. Ben Johnson sold Nim Johnson in 1816 the land father bought at Nim's [estate] sale in 1858. Believe Ben Johnson got it from Elijah Ewing. [Attorney mentioned a grant from State of Tennessee No. 12298 to Gore]. 21 September 1882. s/s John R. Chaffin
DEPOSITION: Martha Chaffin, age 39, am a complainant, knew island from 1858 until my father died. I am a daughter of Abner Chaffin. Father died June 1869. Live with my mother. We continue to get standing timber and lodged rails off the island. 21 September 1882.
End of Reel #58.
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