Jackson Co., TN Loose District/Chancery Court Papers
Reel #60, Cherry-Clark, V.
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 CASE.

CHERRY, J. M. VS. CHERRY, CARY.
CIRCUIT COURT.
1860,1877.

JOHN W. CONDRA AND WIFE AND OTHERS VS. WILSON C. CHERRY & OTHERS.
15 Aug. 1860.

DEPOSITION: HOLLAND DENTON.
40 years old.
Apparently is a practicing attorney.
H. Denton (signature)

DEPOSITION: B. B. WASHBURN.

B. B. Washburn (signature)

BILL OF COMPLAINT: JOHN W. CONDRA AND WIFE SARAH TERESA CONDRA, and CEBERT E. JENKINS AND WIFE MARY JANE JENKINS, AND ISAIAH C. PENNINGTON AND WIFE MINERVA PENNINGTON, AND OLIVER T. BUTLER AND WIFE PRUDENCE L. BUTLER, AND JACKSON T. WOOD AND WIFE ISABELLA WOOD, ALL CITIZENS OF JACKSON CO., TN

AGAINST

LEMUEL B. CHERRY, CARY L. CHERRY, JOHN CHERRY, WILSON C. CHERRY AND ISABELLA CHERRY, ALL CITIZENS OF JACKSON CO., TN.

Cary Cherry departed this life intestate in Jackson County, TN in 1859.

In 1859, Jackson Wood and Lemuel B. Cherry were appointed administrators of the estate of Cary Cherry. The defendants in this case are the sons of said intestate, except Isabella Cherry, who is the widow of said intestate.

Said intestate was the owner of the following slaves, viz., Jo, a negro man about 23 years old, (illegible) or Alexander, a negro boy about 19 years old, Frank, a negro boy about 14 years old, and Nancy, a negro girl about 14 years old.

DEED: 23 June 1859.

Cary Cherry sells to Cary S. Cherry for $300 a tract of land consisting of 150 acres. Apparently in Jackson Co. as that is where it was registered.

Cary Cherry (signature)

DEED: 14 Feb. 1850.

A part of KY Land Warrant No. 646.

Eight acres to Cary Cherry, Sen., assignee of the Monroe County Court, lying in Jackson County, TN on the waters of Line Creek.

DEED: 14 Feb. 1850.

A part of KY Land Warrant No. 646.

93 acres to Cary Cherry, Sen. assignee of the Monroe County Court, lying in Jackson County, TN on the headwaters of Brimstone Creek.

DEED: 11 Jan. 1850.

A part of KY Land Warrant No. 609.

Eight acres to Cary Cherry, Jr. (this is what it says, but I'm sure it is Sen. In the two previous deeds, Jr. was written, then crossed out and written over as Sen.) assignee of the Monroe County Court, lying in Jackson County, TN, west of Cumberland River on the waters of Line Creek.

DEED: 16 April 1832.

A part of KY Land Warrant No. 504.

100 acres to Cary Cherry, assignee of William H. Wilson, lying in Jackson County, TN, west of Cumberland River on the head waters of Little Trace Creek.

DEED: 8 Jan. 1850.

A part of KY Land Warrant No. 609.

93 acres to Cary Cherry, Sen., assignee of the Monroe County Court, lying in Jackson County, TN, west of Cumberland River.

DEED: 28 April 1838.

35 acres more or less from Cary Cherry Sen. to Cary Cherry Jun., for $50. This tract is in Jackson Co. TN on the ridge dividing the waters of Brimstone and little Trace Creek, and includes the improvements where on the said Cary Cherry now lives.

DEED: 1 Sept. 1846.

193 acres more or less from Cary Cherry, Sr. to Lemuel B. Cherry for $300. This tract of land lies in Jackson Co. TN on Line Creek of Baron (Barren) River.

DEED: 7 Oct. 1840.

150 acres from Cary Cherry Sen. to Wilson C. Cherry for $100. This tract of land lies in Jackson Co. TN on the waters of Little Trace Creek of Baron (Barren) River.

DEED: 24 June 1842.

125 acres from John Moss to Cary Cherry Sen., for $300. A tract of land in Jackson Co. TN on the headwaters of Line Creek.

THE ANSWERS TO THE INTERROGATORIES filed 1 May 1860, of JOHN W. CONDRA, JACKSON T. WOOD, OLIVER T. BUTLER, C. E. JENKINS, AND ISAIAH C. PENNINGTON.

They admit that they received personal property from Cary Cherry in his lifetime, but deny that it was worth as much as is claimed in the Bill of Complaint.

J. T. Wood

John W. Condra

S. E. Jenkins

Isaah C. Pennington

O. T. Butler (signatures by all)

DEED: 1 April 1816.

Samuel Cherry of Jackson Co. TN sold to Cary Cherry, for $200, a tract of land on the ridge between Big Barren River and Jennings Creek, it being a part of the tract of land that the said Samuel Cherry now lives on and conveyed to him by Daniel Langham, containing 200 acres.

Samuel Cherry (signature)

BILL OF COMPLAINT: W. C. CHERRY, JOHN CHERRY, CARY CHERRY, E. C. GAINES, ISABELLA GAINES, O. T. BUTLER, PRUDENCE L. BUTLER, I. C. PENNINGTON, ELLIS JENKINS, MARY J. JENKINS, JOHN W. CONDARY (CONDRA), AND SARAH T. CONDARY (CONDRA), all of Jackson Co. TN

AGAINST

JANE DELK, WIFE OF JOHN DELK AND JOHN DELK, TURMAN GASS ANDANDREW J. GASS, BELL WOOD, ROSCOE WOOD, AND (blank) WOOD of Jackson Co. TN.

Scott More is at this time a Justice of the Peace for Jackson Co. TN.

L. B. Cherry and J. T. Wood bought a parcel of land on 6 Oct. 1860 that had been sold to pay debts. Since that purchase, both L. B. Cherry and J. T. Wood have died.

W. C. Cherry, John M. Cherry, Isabella Gaines, Prudence L. Butler, Mary J. Jenkins and Minerva Pennington are the brothers and sisters of L. B. Cherry. L. B. Cherry died without issue, never having been married.

Isabella Gaines is the widow of J. T. Wood, who has since his death intermarried with E. C. Gaines.

Roscoe, Bell, and (blank) Wood are the heirs and only children of J. T. Wood and Isabella. W. C. Gass has also died, leaving Jane Delk his widow who has since intermarried with John Delk and Turman Gass and Alexander J. Gass are his only children and heirs at law, and they are minors under the age of 14 years. Roscoe, Bell, and (blank) Wood are also minors under the age of 14 years. Complainants claim land was bought of and for the estate of Cary Cherry, whereas the heirs of J. T. Wood say the land was bought by and for J. T. Wood and L. B. Cherry, themselves.

I couldn't find a date on this document. It was made "after the late War."

W. C. CHERRY VS.

JANE DELK, ET. AL.

 

DEPOSITON: A. M. DEWITT.
A. M. Dewitt (signature)
REPORT OF SALE.
JOHN W. CONDRA ET AT. VS.
LEMUEL B. CHERRY, ET. AL.

31 March 1860.

Land and negroes of Cary Cherry Senr., dec'd., were sold. The land was bought by John M. Cherry, Cary S. Cherry, Oliver T. Butler, Sebred E. Jenkins, L. B. Cherry and Jackson T. Wood.

The negro man Joseph was purchased by Marsailus H. Maupin, the negro man Alick was bought by J. J. Amonet, the negro girl Nancy was bought by Wilson C. Cherry.

ANSWERS TO THE BILL OF COMPLAINT.

9 Feb. 1860

J. C. Pennington and wife Manerva are citizens of Monroe County KY.

The negro Alexander is only about 17 years of age.

One deed from Cary Cherry, son of John, for 35 acres.

"Respondent Lemuel B. Cherry denying that the said Cary Cherry dec'd in his lifetime give (sic) or allowed as an advance (unreadable word) land worth two thousand dollars to him but he here states that his father agreed with him to give him the tract of land as described for 193 acres of land as may be seen by the deed from his father to him here filed & marked (No. 8) and made part of this answer in the event he would work for him till he arrived at the age of 21 years which he did faithfully, his father having given him his terms when he was about 16 or 17 years old, and at that time and on that day to wit the 15th day of Feb. 1842 his father gave him said tract of land for said service he having allowed his girls to work for themselves after they severally arrive at the age of 13 or 14 years except Terrisa Condra worked for them till she was married and then the land was not worth $250 and Respondent stayed and worked on the said land ever since his father making him a deed for the same under their former contract which he estimated as having been worth three hundred dollars to him and put that down as the consideration for said land which was not worth more than $250 besides the improvements Respondent put upon it himself after he arrived at the age of 21 years."

Lists items of personal property given to him by his father.

L. B. Cherry is a brother of John.

Cary S. Cherry says his father gave him a tract of land under the same conditions as L. B. Cherry. Also lists personal property given to him by his father.

John M. Cherry and Wilson C. Cherry were given tracts of land by their father under the same conditions, and the personal property given to each by their father is listed. It was some four years after John M. turned 21 that he received the deed.

Wilson C. Cherry states that "his said father had a negro woman who had a white child and the complainants, the daughters of Decedent, all said they would not stay at home if he kept said negro woman and his father was then compelled to and did employed (sic) Respondent to keep her which he did and which negro woman was of no service to respondent but was an expense to him in this he paid out money for medicines, nurse, and other attention given her during her sickness and then he kept her near (blank) years till she had twins (to wit) Frank and Nancy named in complainants bill & then lay up and was of great expense & trouble to respondent W. C. Cherry and his father Cary Cherry dec'd then told him he would pay him for his trouble or give him of the before named twin children (to wit) Nancy or Frank but has never paid him one cent for it nor has he given him either of said twins and he avers that it was worth at least $200 or more for his trouble and attention to said negroes and in fact it costs respondent a considerable to take care of & have taken care of said negroes.

9 Feb. 1860.

John M. Cherry

L. B. Cherry

Cary S. Cherry

W. C. Cherry (signatures)

 

JOHN W. CONDRA & OTHERS VS.
WILSON C. CHERRY & OTHERS.
PROOFS TAKEN, May 1860.

DEPOSITION: SPANT CHERRY.

I expect that L. B. Cherry is about 38 years old. I expect John M. Cherry is about 42 years old. I expect Wilson C. Cherry is about 44 years old and Cary S. Cherry is about 22 years old. Wilson C. Cherry did work and live at his father's after he was married.

Spard Cherry (signature)

DEPOSITION: FINUS C. CHERRY, 40 years old.

I suppose Wilson C. Cherry was 22 or 23 years old when he married.

Finess Cherry (signature)

DEPOSITION: ELIJAH CLANCY, 38 years old.

Elijah Clancy (his mark)

DEPOSITION: JESSE GASS, 55 years old.

Jesse Gass (signature)

 

JOHN W. CONDRA & OTHERS VS.
W. C. CHERRY & OTHERS.
PROOFS TAKEN 6th June 1860.

DEPOSITION: WILLIAM PLUMLY (PLUMLEE), 68 years old.

Quest. You will state if you did not frequently get brandy from Butler, that he made whilst he lived upon the Moss farm.

Ans. Not a drop.

William Plumlee (signature)

DEPOSITION: J. C. GIST, about 33 years old.

I have seen the negro woman Hannah at the home of old man Cherry and the home of Wilson C. Cherry.

J. E. Gist (signature)

DEPOSITION: WILSON CHERRY.

Aged about 63 years. I knew the negro woman Hannah owned by Cary Cherry. . . The child she had was a very light (?) mulatto and on account of dissatisfaction said to be in the family she could not stay at home.

The negro was a lewd woman I suppose, at least she had children without having a husband.

The old man (Cary Cherry) owned two (stills). One run 90 (gallons) and the other 100 gallons or something like that.

Wilson Cherry (signature)

DEPOSITION: JAMES CRAWFORD age 59 years.

James Crawford (his mark)

DEPOSITON: A. M. HESTAND (HASTEN?), about 58 years old.

A. M. Hestand (signature)

DEPOSITION: ELIZABETH DENTON age about 60 years.

The widow of Cary Cherry is dead.

Quest. How long since Wilson C. Cherry took the negro woman to keep you speak of above?

Ans. I expect it has been 15, 16 or 17 years.

Elizabeth Denton (her mark)

DEPOSITION: JOHN MOSS, aged about 53 years.

I sold the farm called the Moss farm to Cary Cherry. It was about 1842. . . Complt. Condra moved to the farm before I moved off of it. . . Condra moved to the farm in 1842. Condra lived upon said farm four years. . . There was a still and a smoke house on the property.

Butler did not move there immediately after Condra left it.

John Moss (signature)

DEPOSITION: NELSON ARMOR, aged about 35 years.

The negro woman Hannah was there when I went to live with W. C. (Wilson) Cherry. I lived there seven months. . . She had the twins then and of course she was sick then. My mother was the Granny and charged one dollar and W. C. Cherry paid it as she later told me. She is now dead.

Nelson Armer (his mark)

DEPOSITION: JONAS G. ALLEN.

The negro Hannah had the twins about in the spring.

Jonas G. Allen (signature)

DEPOSITION: JESSE WHITE, 57 years old.

I sold 48 acres of land to L. B. Cherry in 1847, adjoining his land, for $25.

In 1844 I was living at John Moses.

Jesse White (signature)

DEPOSITION: GEORGE W. CARTER, 23 years old.

G. W. Carter (signature)

DEPOSITION: GARRETT F. SMITH, 53 years old.

Garrett Smith (signature)

DEPOSITION: A. J. CARTER, aged 25 years.

I have never bought or sold any land.

I am a brother of G. W. Carter, who gave a deposition earlier.

A. J. Carter (signature)

DEPOSITION: ZACH VANHOOZER, aged 38 years.

Z. Vanhooser, (signature)

DEPOSITION: ISABELL CHERRY, March 1860.

Isabell Cherry (her mark)


NEW CASE.

CHERRY, J. M., ADMR. OF CHERRY, CARY.
CIRCUIT COURT.
1877.

APPOINTMENT OF ATTORNEY.
1 Sept. 1880.

Benjamin (?) Cherry, minor heir of Wilson Cherry, dec'd.

ORDER TO SHERIFF TO SUMMON.

2nd Monday in March 1885. E. C. Gaines is dead.

ORDER TO SHERIFF TO SUMMON.

2nd Monday in March, 1884.

Terrisa Condra is dead. Isabella Sweezy who intermarried with John Sweezy, Mary Cornwell who intermarried with Willis Cornwell, Eliza Ray who intermarried with James Ray, Elizabeth Cross who intermarried with James Cross and William Barnes and Jane Barnes are children and grandchildren of said deceased.

Also Newton Condra.

All are apparently of Clay County, TN.

Luverna Gaines, Clayton Gaines, Etta M. Gaines and Daisey E. Gaines are grandchildren and heirs at law of Terrissa Condra.

ORDER FOR SCIFA.

No date.

Luverna Gaines, Clayton Gaines, Etta M. Gaines and Daisy E. Gaines are minors and the only children and heirs at law of Milly Gaines, a deceased daughter of Terissa Condra and are residents of Jackson County, TN.

ANSWER OF W. C. CHERRY TO THE AMENDED BILL OF JOHN M. CHERRY.

It is true that L. B. Cherry died intestate leaving no children. Isabella Wood, late Isabella Gaines, has died since the filing of Complainants original Bill.

Depositions 9 July 1883.

DEPOSITION: WILLIAM MC CLEARAN, aged 57 years.

W. Mc Clearan (signature)

DEPOSITION: CARY S. CHERRY.

I am a son of Cary Cherry, deceased.

Cary S. Cherry (signature)

DEPOSITION: O. T. BUTLER.

My wife is one of the heirs of Cary Cherry, deceased.

J. W. Condra brought suit against A. W. Dewitt and J. M. Cherry, administrators of J. T. Wood and L. B. Cherry, claiming payment having been made in Confederate Money.

O. T. Butler (signature)

Depositions: 5 Sept. 1878.

DEPOSITION: S. N. PLUMLEE, aged 54 years.

S. N. Plumlee (signature)

DEPOSITION: WILLIAM MC CLARIN, aged 53 years.

William McClarin (his mark)

Depositions 6 Sept. 1878.

DEPOSITION: Z. VANHOOSER, aged 57 years.

I was Clerk of the Circuit Court of Jackson County from about the first of June 1870 till about the first of Sept. 1874.

The records and papers of the office of the Circuit Court Clerk was burned in the Court House on the night of the 14th Aug. 1872, or nearly so. There was some few files of papers out in the hands of Counsel and a portion of a Minute Book and I think a portion of an Execution Docket was out in possession of someone.

Z. Vanhooser (signature)

DEPOSITION: T. G. SETTLE, age 47 years.

I worked in the office of W. G. Cox while he was Clerk (of the Jackson County Court) I suppose about the time above mentioned (August 1869.)

T. G. Settle (signature)

Depositions: 18 and 19 July, 1882.

DEPOSITION: SAMUEL N. PLUMLEE, aged 58 years.

S. N. Plumlee (signature)

DEPOSITION: Z. VANHOOSER, aged 61 years.

Z. Van Hooser (signature)


NEW CASE.

J. M. CHERRY VS. E. C. GAINES, ET. AL.
CHANCERY COURT.
16 June 1885.

AFFIDAVIT.

Defft. E. Gaines is dead.

George Barnes is a resident citizen of the State of Kentucky.

R. M. Cherry (signature)

Depositions: July 1883.

DEPOSITION: W. B. RODDY.

I am a practicing attorney of Jackson County.

I was acquainted with (Judge) A. W. Dewitt in his lifetime. . . A. W. Dewitt is now dead, he has been dead seven or eight years as well as I now remember.

DEPOSITION: J. M. CHERRY.

Cary Cherry died in the year 1859 or 1860.

Quest. You will state when the former Admins Wood and Cherry died.

Ans. I can't give the exact date of their death but it was some time during the late war.

J. M. Cherry (signature)

DEPOSITION: W. M. GAILBREATH.

I am Clerk of the Circuit Court of Jackson County. I have been such for nearly five years.

W. M. Gailbreath (signature)

DEPOSITION: T. G. SETTLE.

I acted as a deputy clerk of the county court of Jackson county prior to the year 1872, though I was not a regular deputy. At that time, W. G. Cox was a principal clerk.

T. G. Settle (signature)

DEPOSITION: M. G. BUTLER, aged 34 years.

M. G. Butler (signature)

DEPOSITION: J. W. DRAPER.

I am the Clerk of the County Court of Jackson County.

James W. Draper (signature)

 

J. M. CHERRY VS. E. C. GAINES.

THE SEPARATE ANSWER of W. W. DRAPER, Guardian ad litum of Wm. Barnes (?), Jane Barnes (?), Tennessee Gaines, Clayton Gaines, Etta M. Gaines, and Daisie E. Gaines. He knows nothing whatever of matters involved in this suit.

6 Feb. 1888.

THE ANSWER OF J. F. HAILE as Guardian ad litum for the minors Lera Ann Wood, Wade R. Wood, Smith B. Gaines, Stephen W. Gaines and E. T. Gaines to the Bill of Complaint filed by John M. Cherry of Jackson County TN on 13 July 1877. He knows nothing of his own knowledge of the estate of Cary Cherry, deceased.

DEPOSITION: H. W. WILLIAMS.

Says that he as Clerk and Master of the Chancery Court of Jackson County has in any other capacity never received one cent out of the Delk land fund or any other fund belonging to the Estate of Cary Cherry deceased of which Estate complainant is the administrator.

H. W. Williams (signature)

 

JOHN M. CHERRY, ADMR. OF CARY CHERRY EX PARTE.
REPORT OF CLERK.

J. M. Cherry was appointed administrator of the estate of Cary Cherry, dec'd, but the time of appointment does not appear from any proof on file. But from the deposition of J. M. Crawford he was presuming to act as administrator of said estate Feb. 22, 1866 and was at that time controlling the effects and assets of said estate.

It appears that A. W. Dewitt and E. C. Gaines were the securities of J. M. Cherry on an administration bond.

J. M. Cherry never did at any time file any inventory of the estate of Cary Cherry, dec'd. J. M. Cherry did make settlement of said estate, but whether he ever made a final settlement does not appear from any proof on file. But from the proof on file I report to the Court that no legal settlement of said estate was ever made by said admr. for the following reasons, to wit:

1. There was never any inventory of said estate made and returned to Court by J. M. Cherry.

2. The heirs were never notified of the day and date and place of any settlement.

J. M. Cherry is liable for notes in the amount of $86.12.

May 6, 1877.

The other heirs contested this, believing J. M. Cherry was liable for a much larger amount.

DEPOSITION: SAM'L N. PLUMLEE.

Age 57 years.

I don't remember whether said suit (brought by John W. Condry) was against J. M. Cherry as admr. of Cary Cherry or Boyed Cherry. He was admr. of both.

I was in conversation on one occasion with the complainant J. M. Cherry and we was talking with each other. I was the admr. of Jarvis and he was of Cary Cherry and he was drinking at the time and in this conversation he said that he would rather the Lawyers and Clerks had it than for some of the heirs that they had not worked for it. I think J. M. Cherry was drinking some.

S. N. Plumlee (signature)

DEPOSITION: WILLIAM MC LERAN.

William Mc Learegan (signature)

DEPOSITION: Z. VANHOOSER, 15 June 1881.

Z. Van Hooser (signature)

Depositions taken: 16 June 1881.

DEPOSITION: O. T. BUTLER.

My wife is one of the heirs of Cary Cherry. John W. Condry (Condra) and wife did bring suit against John M. Cherry claiming they had as I understood it had been forced to take Confederate money.

It was claimed that the money was paid by the former administrators, Wood and Cherry.

O. T. Butler (signature)

DEPOSITION: T. H. BUTLER.

I am the present Clerk of the County Court of Jackson county.

The oldest records I find in the office of the County Clerk is dated 1 Monday of Sept. 1872. (Older ones destroyed by fire in 1872.)

T. H. Butler (signature)

Depositions taken: 20 April 1877.

DEPOSITION: W. G. COX.

Aged 40 years.

I was Clerk of the County Court of Jackson county during the whole of the year 1872. The Court House burned on the night of 14 Aug. 1872.

W. G. Cox (signature)

DEPOSITION: T. G. SETTLE

Aged 46 years.

I assisted W. G. Cox, then County Court Clerk of Jackson county, in making a settlement with J. M. Cherry as administrator of the estate of Cary Cherry.

I think I assisted W. G. Cox in making Settlement in both Cary Cherry and Boyd Cherry's estates.

T. G. Settle (signature)

DEPOSITION: J. M. CHERRY.

Aged 57 years.

J. M. Cherry (signature)

DEPOSITION: A. G. KEITH.

Aged about 44 years.

A. G. Keith (signature)

DEPOSITION: J. S. HARLIN.

Aged about 46 years.

I am an acting Justice of the Peace for Clay County TN at this time. I was elected in Aug. 1876. Hiram Crabtree, Esqr. was my predecessor.

J. S. Harlin (signature)

DEPOSITION: H. M. OSGATHARP.

Aged about 51 years.

I am an acting Justice of the Peace of Clay County TN. Sam S. Plumlee was my predecessor in office.

H. M. Osgatharp (signature)

DEPOSITION: S. N. PLUMLEE.

Aged about 53 years.

S. N. Plumlee (signature)

Depositions taken: 4 May 1877.

DEPOSITION: ANDERSON EADS.

Anderson Eads (signature)

DEPOSITION: R. PEDIGO.

I was acting as deputy Sheriff in 1866 and 7 under W. C. Purcell who was then the principal Sheriff of Jackson County.

R. Petigo (signature)

DEPOSITION: J. M. CRAWFORD.

I was Constable of Jackson county and acted in 1865 and 1866 or a portion of both years.

J. M. Crofford Const. (signature)

DEPOSITION: W. C. PURCELL.

Wm. C. Purcell (signature)

Depositions taken: 5 May 1877.

DEPOSITION: JOHN W. CONDRA.

I am a son in law of Cary Cherry, dec'd.

John W. Condra (signature)

DEPOSITION: E. C. GAINES.

I am a son in law of Cary Cherry, dec'd.

J. M. CHERRY ADMR. & C. VS.

E. C. GAINES & OTHERS.

REPORT, 15 Aug. 1888.

Cary Cherry it appears from complainants Bill and is not denied in the answer died in 1859 and in March 1866 J. M. Cherry was appointed Admr. de bouis nole (the former admrs. having died during the war) by the County Court of Jackson county. It also appears that the Estate of Cary Cherry had been mostly wound up by the former admrs. and settlement made with the County Clerk and with the heirs and that but a very small amount of the available assets came to the hands of J. M. Cherry. What he did was mostly in prosecuting and defending lawsuits commenced during the former administration. J. M. Cherry on the (blank) day of Aug. 1869 made a final Settlement showing balance due the heirs at that date the sum of $25.00.

Credits and debits are listed.

After paying costs, and being allowed $100 for his services, J. M. Cherry is due, from the estate, $190.76.

 

JOHN M. CHERRY, ADMR. VS. E. C. GAINES & OTHERS.
CHANCERY COURT

Depositions taken: 15 Aug. 1879.

DEPOSITION: SAMUEL N. PLUMLEE.

Aged 55 years.

S. N. Plumlee (signature)

DEPOSITION: WM. MC CLARIN.

W. Mc Learran (signature)

DEPOSITION: W. B. RODDY.

W. B. Roddy (signature)

DEPOSITION: O. T. BUTLER.

O. T. Butler (signature)

Depositions taken: 22 Aug. 1879.

DEPOSITION: Z. VAN HOOSER.

Z. Van Hooser (signature)

DEPOSITON: J. M. CHERRY.

I was appointed admr. shortly after the war, the former admrs. having died during the war.

J. M. Cherry (signature)

ANSWER OF E. C. GAINES, JOHN W. CONDRA AND HIS WIFE TERRESSA CONDRA, J. C. PENNINGTON AND HIS WIFE MANERVA PENNINGTON TO THE BILL OF COMPLAINT OF JOHN M. CHERRY filed 13 July 1877 in Chancery Court of Jackson County.

They deny that the first admrs. made Settlement with the heirs. They deny that only a small amount of assets came into the hands of J. M. Cherry, and say that the large amount of assets he had were negligently reduced, and deny that there were ever any valid judgements that he had to pay. They deny that there was ever any need for attorneys in settling the estate. They deny J. M. Cherry ever made any Settlement of the estate. Etc.

He has collected far more debts than he admits to.

They deny that J. M. Cherry made the other disbursements mentioned. They deny, owing to the bad management of the estate, that J. M. Cherry is owed any compensation. They deny that he paid any taxes--if he did, he had no right to pay them.

BILL OF COMPLAINT OF JOHN M. CHERRY.

Cary Cherry died in the part of Jackson county that is now Clay county. J. T. Wood and Boyd Cherry were first appointed administrators of said estate.

The first admrs. made two settlements with the heirs of all said estate which they had reduced to their possession and made a partial settlement with the Clerk of the County Court. They had principally wound up the said estate. There was however some debts which remained uncollected and some law suits in which said estate was involved, pending when said administrators departed this life.

He charges that a very small amount of available assets came to his hands. . .and all the suits in which the estate was involved were afterwards determined against the estate and considerable costs were adjudged. . .all costs and attorney's fees he paid out, an amount in all greater than the amount of available assets.

He says that the Report of the Clerk is in error.

INDENTURE.

Made 22 Feb. 1839 between Samuel Martin of Monroe Co. KY and Cary Cherry of Jackson Co. TN for 340 acres, 100 acres by grant and 140 acres by deed from Samuel Allen and 100 acres from Samuel Lancaster to the said Samuel Martin, lying in Jackson county on the waters of Little Trace Creek, for $350.

 

JOHN M. CHERRY ADMR. & C. VS. E. C. GAINES ET. AL.
ORDER.
23 Sept. 1879.

Exception third was well taken, the action of the C & M in all things was correct and there is no error. The action of the Master is confirmed, all depositions shall be suppressed, and defendants shall recoup from complainant all costs.

INDENTURE.

Made 21 May 1844 between John Cherry of Jackson county TN to Cary Cherry, for $300, a tract of land on the dividing ridge between Big Barren River and Jennings Creek, it being part of the tract of land that Cary Cherry and William Cherry now lives on, and containing 122 acres.

John Cherry (seal)

witnesses: Lemuel B. Cherry, George W. Williamson, John M. Cherry.


NEW CASE.

CHERRY, JOHN M. ADMR. VS. BUTLER, O.T. ET. AL. LEMUEL B. CHERRY.
CHANCERY COURT, 1866.

AMENDED BILL OF COMPLAINT of JOHN M. CHERRY OF CLAY CO. TN AGAINST

O. T. BUTLER, LUCINDA BUTLER, ELIAS JENKINS, JANE JENKINS, WILSON C. CHERRY, CARY CHERRY, L. C. PENNINGTON, MANERVA PENNINGTON, JOHN W. CONDRY, TERRISA CONDRY, AND WILSON MILLEN ALL OF CLAY CO. TN, HIRAM THOMAS HENSON, BELL HENSON, WADE ROSCOE WOOD, LIA ANN WOOD, SMITH BJAMIN, STEPHEN W. GAINES, E. T. GAINES & E. C. GAINES OF JACKSON CO. TN.

Complainant is the administrator of L. B. Cherry, dec'd. . .filed his Bill on 8 Nov. 1866 against the brothers and sisters, heirs at law, of L. B. Cherry, in which he said that his intestate estate would not be enough to pay the indebtedness of said intestate, that suits were pending and likely others would be instituted. He tried to quickly settle with the Clerk of the County Court, but before he could finish the Court House and all it's records were burned. He succeeded in the suits of the Heirs against him. A portion of the indebtedness of his intestate still remains due and unpaid. Before he was appointed administrator, the legal heirs met and agreed to and did sell his personal and real estate, and divided the same between themselves, except one tract as mentioned in the original Bill. Some of them are unable to pay for the land they bought at the sale and the land will have to be resold for the purchase price.

Since the sale of the personal and real estate of L. B. Cherry, a sister, to wit, Isabela Wood who was at the time a widow married E. C. Gaines by whom she had 3 children, and died. She also had 3 children by her first husband, J. T. Wood, making 6 who are her representatives, who are all minors and are: Bell Henson, the wife of defendant H. T. Henson, Roscoe W. & Lena (?) Ann Wood, Smith B., Stephen W. & Edward T. Gaines. Complainant is one of the brothers and heirs at law of L. B. Cherry, deceased, who died without ever having been married and has no issue.

8 Nov. 1866

BILL OF COMPLAINT of JOHN M. CHERRY OF JACKSON CO. TN VS. OLIVER T. BUTLER, LUCINDA BUTLER, ELLIS JENKINS, JANE JENKINS, WILSON C. CHERRY, CARY CHERRY, J. C. PENNINGTON, MANERVA PENNINGTON, JOHN W. CONDRA, TERRESSA CONDRA, E. C. GAINES AND HIS WIFE ISABELLA GAINES, ALL OF JACKSON CO. TN.

John M. Cherry is the administrator of the estate of L. B. Cherry who died intestate in 1864.

He died possessed of valuable real estate, all in Jackson Co. TN in Civil Districts 5 & 13.

He is indebted to the estate of Wilson Cherry, dec'd and to the estate of Wiley Carter, dec'd, and to others.

J. M. Cherry (signature)

JOINT AND SEPARATE ANSWER OF OLIVER T. BUTLER AND WIFE LUCINDA BUTLER, ISAIAH C. PENNINGTON AND WIFE MINERVA PENNINGTON, SEBERT E. JENKINS AND WIFE JANE JENKINS, CARY S. CHERRY AND JOHN W. CONDRA TO THE BILL OF COMPLAINT FILED BY J. M. CHERRY.

Edward C. Gaines who married a sister of said deceased is and should be a party of said suit.

REPORT OF SALE.

7 May 1877.

A tract of land was sold at a public sale. Said land lies on the waters of Big Trace Creek in Clay county, being the same tract of land sold by J. T. Wood to L. B. Cherry on 28 Oct. 1859. E. C. Gaines bought it for $150.

Depositions taken: 15 June 1869.

DEPOSITION: STUART F. HESTAN

About 34 years old.

L. B. Cherry's personal estate was sold in the spring of 1864.

S. F. Hestand (signature)

DEPOSITION: H. M. HESTAN.

About 66 years old.

My recollection is that the sale was in 1863 or 1864.

A. M. Hestand (his mark)

DEPOSITION: SCOTT C. MOORE.

About 47 years old.

Scott Moore (signature)

DEPOSITION: W. C. CHERRY.

About 53 years old.

Wilson C. Cherry (signature)

DEPOSITION: AARON BRAY.

About 55 years old.

Aaron Bray (signature)

Depositions taken: 18 June 1875.

DEPOSITION: W. G. COX.

About 39 years old.

I was Clerk of the County Court of Jackson County on the 14th of Aug. 1872. On that night, the Court House was destroyed by fire.

W. G. Cox (signature)

DEPOSITION: A. W. DEWITT.

Aged 55 years.

I am a practicing attorney.

A. W. Dewitt (signature)

DEPOSITION: W. B. RODDY.

Aged 40 years old.

Wm. B. Roddy (signature)

DEPOSITION: J. M. CHERRY

Aged about 54 years old.

J. M. Cherry (signature)

Depositions taken: no date.

DEPOSITION: W. H. BOTTS.

I am a solicitor practicing in this Court.

W. H. Botts (signature)

DEPOSITION: R. A. COX.

I am a practicing soli. of this Court.

R. A. Cox (signature)

THE SEPARATE ANSWER OF WILSON C. CHERRY TO A BILL FILED BY JOHN M. CHERRY.

He agrees with the Bill of Complaint.

Wilson C. Cherry (signature)

JOINT AND SEPARATE ANSWER OF ELLIS JENKINS AND WIFE, JANE JENKINS AND EDWARD C. GAINES TO THE AMENDED BILL OF COMPLAINT.

They join the answer of O. T. Butler and wife Lucinda Butler, Cary S. Cherry, I. C. Pennington and wife, (unreadable), (unreadable) and wife Terresa Condra, and William Miller.

DECREE 1 Oct. 1875.

The Defendants are to pay Allen W. Dewitt and Butler & Dewitt for their services. John M. Cherry is to have a credit of $109.15 on his note Executor to defendant Ellis Jenkins and wife Jane Jenkins for the amount of his purchase of the L. B. Cherry lands over and above his distribution share of said lands.

By consent of parties it is ordered. . . that defendant Ellis Jenkins and wife (unreadable) of the other defendants of this suit their pro rata part of said one hundred and nine dollars and 15 cents, they all being equally interested. It is further ordered. . . that defendants pay all the costs both of the original and amended bill accrued in this cause. It is further ordered. . .that the defendants to this suit contribute equally to pay said costs. . .

It is further ordered. . . that both the amended and original bill in this cause be hence dismissed to all intents and purposes since the same are (unreadable) in court to the end that a sale of the unsold tract of land of the said L. B. Cherry mentioned in the original and amended Bill in this cause may be had for distribution among the heirs of L. B. Cherry dec'd. It is further ordered. . . that John M. Cherry is to have his distribution share of the proceeds of said land when sold.

It is further ordered . . .that G. B. Murray, John P. Murray and R. P. Brooks have a lien upon all the notes, lands, funds, etc. of defendants . . .

INDENTURE: 16 March 1853.

Between A. M. Hestand and L. B. Cherry, both of Jackson co. TN. A. M. Hestand has sold to L. B. Cherry a parcel of land in Jackson county, consisting of 251 acres, for $328.50.

DEED: 29 Jan. 1861.

A. R. Jarvis and Jesse Gass sell to L. B. Cherry, for $125, a tract of land on Little Trace Creek in Jackson co. TN, District No. 5.

DEED: 15 June 1846.

Calvin M. Smith sells to Lemuel B. Cherry, for $15, a tract of land in Jackson co. TN, containing 23 acres.

DEED: 21 March 1859.

Tilitha Cherry sold to L. B. Cherry 2 tracts of land for $200. Tilitha signed with his mark.

INDENTURE: 28 April 1838.

Cary Cherry Jun. of Jackson co. TN sold to Cary Cherry Sen., also of Jackson co. TN, a tract of land in Jackson co. TN on the ridge dividing the waters of Brimstone and Little Trace Creek, including the improvements whereon Cary Cherry now lives, for $50.

INDENTURE: 23 March 1840.

A. M. Hestand sold to Lemuel B. Cherry (both of Jackson co. TN) a tract of land for $25, containing 40 acres.

INDENTURE: 4 Dec. 1846.

M. Hestand sold to Lemuel B. Cherry (both of Jackson co. TN) 60 acres for $100.

DEED: 23 April 1851.

Calvin M. Smith sold to Lemuel B. Cherry, for $10, a tract of land in Jackson co. TN.

 

JOHN M. CHERRY ADMR. VS. O. T. BUTLER AND OTHERS.
FINAL DECREE.
24 Sept. 1877.

E. C. Gaines is the purchaser of the remaining tract of the estate land.

A lien is to be put on the land for the purchase price until the purchase money is paid.

 

JOHN M. CHERRY VS. O. T. BUTLER AND OTHERS.
ORDER.
No date.

William B. Roddy is appointed guardian ad litem for the minors Bell Henson, Roscoe W. Wood, Lera Ann Wood, Smith B. Gaines, Stephen W. Gaines and Edward G. Gaines.

 

JOHN M. CHERRY, ADMR. OF L. B. CHERRY, DEC'D. VS. O. T. BUTLER AND WIFE AND OTHERS.
DECREE.
1 Oct. 1875.

The remaining tract of land from the estate of L. B. Cherry is to be sold.

AMENDED BILL OF COMPLAINT OF JOHN M. CHERRY.

Complainant will show that he succeeded in the suits of the Heirs against him mentioned in his original Bill and that a portion of the indebtedness of his intestate still remains due and unpaid.

All of the real estate of L. B. Cherry has been sold except one tract, and the heirs cannot or have not settled the same all though complainant has waited for years upon them to do so at their instance and request. Furthermore they are not likely to do so from all that he can see--that they refuse to pay their respective shares of the indebtedness of L. B. Cherry nor are some of them able to pay for the land they bought at the sale (of L. B. Cherry's real estate.)

THE ANSWER OF HIRAM T. HENSON.

The lands that L. B. Cherry dec'd owned were in Jackson county TN at the time of his death but are now in the new county of Clay.

Bell Henson is the wife of Hiram T. Henson.

H. T. Hinson (signature)

INDENTURE.

29 Dec. 1829.

Between Edwin Price administrator of the estate of Lemuel Cherry dec'd of Jackson county TN and Wilson Cherry of the same county and state, for $24. 50, a tract of land lying on the head waters of Trace Creek, it being a part of a 640 acre tract of land where on Lemuel Cherry formerly lived . . . with the meanders of the Great Road . . . Wilson Cherry's line . . . John Cherry's line . . . 18 acres.

Edwin Price (his mark)

Cary Cherry, witness.

 

W. C. CHERRY VS. JANE DELK AND OTHERS.
ORDER.
April term 1874 (or 1894).

James Draper has departed this life.

 

W. C. CHERRY VS. JANE DELK AND OTHERS.

Deposition taken: no date.

DEPOSITION: W. H. BOTTS.

I am a practicing atty. of this Court.

W. H. Botts (signature)

 

J. M. CHERRY ET. AL. VS. JANE DELK ET. AL.

Deposition taken: 2 April 1877.

DEPOSITION: W. F. Plumlee.

Aged 51 years.

Wile (?) F. Plumlee (signature)

ANSWER OF OLIVER T. BUTLER TO THE BILL OF COMPLAINT OF JOHN RIGHT.

"as to the taking or causing to be taken the small mare in Complainants Bill mentioned, he was ordered (unreadable) by Lt. Collonel (sic) Hamilton to go and take said mare, which he did after being thrice ordered and brought her to him, said Col. Hamilton and shortly after which he prevailed on said Hamilton that the mare should be taken back to the owner Right, which he did, and delivered said mare to said Right, after this your Respondent was taken off by Federal soldiers and, therefore, he never had nothing more to do with said property whatever. Your Respondent avers that he was a private soldier no (?) Leut. Col. Hamilton's Command of Cavalry of the then Confederate States or Rebel Army, that said Hamilton was regularly commissioned by the proper authorities of the said Confederate States or Rebel Government which your Respondent avers was at the time a de facto government and your Respondent avers that at the time of taking said mare he was subject to the orders of said Military Officer and bound to obey him. That said property was taken for the use of said Rebel Army and not for the use and benefit of your Respondent and that said Complt. (unreadable) Right was at the time a soldier of the Federal Army and therefore your Respondent says that he is not in (unreadable) liable to pay for said mare, even had said mare at that time been detained by said Hamilton which your Respondent denies . . . Respondent . . . was a prisoner of war and confined at Camp Butler Illinois at the time Complainant finally lost his mare . . . he states the truth be that Respondent's wife being a sister of said L. B. Cherry dec'd.

Respondent admits that he is a poor man. . .

BILL OF COMPLAINT OF JOHN RIGHT

of Jackson County TN against Oliver T. Butler and John M. Cherry.

9 Nov. 1865.

In Feb. 1863 Deft. Butler took or caused to be taken from your orator a valuable sorrel mare. O. T. Butler is insolvent, so Complt. wants to attach his (Butler's) share of the estate of L. B. Cherry.


NEW CASE.

CHILCUTT, M. R. VS. JOHNSON, A. L.
CHANCERY.
1886.

BILL OF COMPLAINT OF M. R. CHILCUTH OF JACKSON CO. TN AGAINST

A. L. JOHNSON OF LIKE CITIZENSHIP.

On 27 Nov. 1884 M. R. Chilcuth sold to A. L. Johnson a tract of land lying in Jackson Co. TN, being the land Z. T. Terry lived upon in the year 1880 and that he purchased from T. W. Cambell and wife. The defendant gave two notes for the balance to the complainant. The first note has not been paid, and the second is due soon.


NEW CASE.

CHITWOOD, W. H. AND OTHERS VS. ANDREW CRAWFORD AND OTHERS.

THE ANSWER OF CHARLES CHITWOOD to the Bill and Cross Bill of John M. Gipson and R. P. Brooks filed by J. M. Crabtree for their use against Andrew Crawford and others, filed 23 March 1877.

Charles Chitwood is the administrator of the estate of W. H. Chitwood, deceased. He denies that the notes mentioned in the Bill of Complaint were transferred to Gipson and Brooks. If they were so delivered, he denies that the notes are any lien on the land mentioned. They were originally a lien but are not now.

CHARLES CHITWOOD, ADM. OF W. H. CHITWOOD ET. AL.

RECEIVED IN THE NAME OF J. D. BENNETT AND BORIS (?) NON.(?) AS ADM. OF SAID ESTATE VS. R. P. BROOKS, J. M. GIPSON AND OTHERS.

R. P. Brooks has died since the filing of the amended and supplemental Bill of Complaint, and Thomas J. Brown is his Administrator, the following are his only heirs at law and Devisees under his last Will and Testament (except the husbands of the married women) to wit: R. U. Brooks, A. W. W. Brooks, Angelina Richardson and her husband S. G. Richardson, J. N. Hix and his wife Carie Hix, Mary Crawford and her husband W. A. Crawford, Thomas J. Brown, William Motan (?), Martha Killman, Virgil Killman, (blank) Moton, a minor child of Elivira Moton, a deceased daughter of said deceased, all citizens of Jackson Co. TN, except R. V. Brooks who resides in Smith Co. TN, Minnie Herring and Lena Herring of the State of TX and Emma McKaughan and her husband W. D. McKaughan of Jackson Co. TN

 

W. H. CHITWOOD, ADMR. VS. ANDREW CRAWFORD AND OTHERS AND R. P. BROOKS AND JOHN M. GIPSON VS. W. H. CHITWOOD ADMR. AND OTHERS.
BILL AND CROSS BILL.
No date.

Came the parties by Solicitors and the death of Eliza F. Gipson Executor of the Last Will of John M. Gipson dec'd was suggested and admitted. It was further suggested that L. M. Gipson and John M. G. York, a minor, are the only devisees of the estate general of John M. Gipson dec'd. That W. M. Gailbreath is guardian of John M. G. York by agreement of J. L. M. Gipson these causes are received in the name of and against L. M. Gipson as deceased and Admr. of aforesaid and Scriscferuous is ordered to issue to bring said minor John M. G. York and his guardian W. M. Gailbreath before the Court returnable May Rules in order that these causes be (unreadable) against them.

 

R. P. BROOKS AND OTHERS VS. ANDREW CRAWFORD AND OTHERS.
No date.

. . . the death of J. D. Burnett Admr. of the estate of W. H. Chitwood dec'd. . . W. A. Whitley, Admr. of the estate of W. H. Chitwood, dec'd. entered his appearance.

NOTICE TO THE SHERIFF OF JACKSON CO. TN.

11 Jan. 1886

T. J. Brown, an heir of R. P. Brook, has died. Mollie Brown is his widow. Bedford Brown and May Tom Brown are his only heirs at law.

 

BILL OF COMPLAINT OF WILLIAM H. CHITWOOD, a citizen of Macon Co. TN
AGAINST
ANDREW CRAWFORD, a citizen of Jackson Co. TN.
8 Feb. 1877.

Complt. says Andrew Crawford is indebted to him for a note for $576.14, dated 3 Aug. 1875, and due one day after that date. It is a lien on a tract of land of 140 acres on Jennings Creek in Jackson Co. TN. Complt. asks for foreclosure and sale of property to pay the debt.

 

BILL OF COMPLAINT OF JAMES M. CRABTREE, a citizen of Clay Co. TN, who brings this suit for the use and benefit of JOHN M. GIPSON AND RICHARD P. BROOKS, citizens of Jackson Co. TN
AGAINST
ANDREW CRAWFORD, a citizen of Jackson Co. TN AND W. H. CHITWOOD, a citizen of Macon Co. TN.
23 March 1877.

On 3 March 1875, J. W. Crabtree sold to Andrew Crawford a tract of land in Jackson Co. TN, north of Cumberland River on the Cane fork of Jennings Creek, bounded by lands of J. N. Vinson, A. O. Donohoo, Joshua Chapman (formerly owned by H. E. Herod), and others, containing 140 acres. The consideration was $996. 91, for which he executed 2 notes. The notes are now the property of John M. Gipson and Richard P. Brooks, jointly, they having purchased the same from J. M. Crabtree. The first note is due and has not been paid.

ORDER TO THE SHERIFF OF JACKSON CO. TN.

2nd Monday in March 1882.

At the Sept. term of 1881, the death of John M. Gipson was suggested and admitted. It was further suggested at the March term of 1882 that L. M. Gipson and John M. Gipson York, the last named a minor, are the only heirs devisees of John M. Gipson deceased.

 

ANDREW CRAWFORD VS. W. H. CHITWOOD AND
BROOKS AND GIPSON VS. ANDREW CRAWFORD.

Depositions taken: 23 Sept. 1878.

DEPOSITION: DANIEL COOMS.

Age 49 years.

Daniel Coom (signature)

DEPOSITION: G. R. CRABTREE.

Age 29 (or 24).

G. R. Crabtree (signature)

DEED.

28 Aug. 1873

Obediah Hudson sells to J. M. Crabtree for $2300 seven tracts or parcels of land in District 4 of Jackson Co. TN, containing by estimation 490 acres and 16 poles. . . bounded by . . . a field formerly owned by Henry Eckle . . . line . . . between Samuel Jones and Obediah Hudson . . . Cane Fork of Jennings Creek . . . survey granted to Epheram Willison by the State of TN on 28 Aug. 1826, No. 3897 . . . 40 acre tract granted by the State of NC to Wm. Vaun . . . line on a 720 acre tract of land formerly owned by Stephen B. Lyles . . . a hollow or branch where Amzah Lyles formerly lived . . . boundary line of a 50 acre tract entered by warrant for Samuel Jones . . . entry made by William Hudson . . . the widow Borden's dower.

Also John and Sarah Gist's right title and interest in the lands owned by Richard Hudson dec'd it being the one eleventh part of all the land owned by said Hudson at his death. The lands being divided by mutual agreement and our interest being assigned to us in the farm whereon the said Obediah Hudson now lives

and William Hudson's right title and interest in the land owned by Richard Hudson dec'd it being the one eleventh part of all the lands owned by the said Hudson at his death the land being divided by mutual agreement and my interest being assigned to me in the farm whereon the said Obediah Hudson now lives

and my own interest right title and claim in the land owned by Richard Hudson dec'd it being the one eleventh part of all the lands owned by the said Hudson at his death the lands being divided by mutual agreement and my interest being assigned to me in the farm where Obediah Hudson now lives.

Also James and Emeline Pritchett's right title and interest in all the lands owned by Richard Hudson dec'd it being one thirty third part etc., etc.

Obediah Hudson (signature)

Geneva Hudson (her mark)

 

O. HUDSON AND WIFE VS. J. M. CRABTREE AND OTHERS AND
R. P. BROOKS AND OTHERS VS. O. HUDSON AND WIFE, ET. AL.

BILL AND CROSS BILL.

18 March 1879.

Wm. G. Cox is in precarious and feeble health.

Ask that his deposition be taken soon, or his testimony would most likely be lost.

 

BILL OF COMPLAINT OF OBEDIAH AND GENEVA HUDSON.

They claim they were not paid in full for the land they sold to J. M. Crabtree. Geneva claims she was coerced into giving up her Homestead Claim.

Deposition taken: 8 & 9 Aug. 1879.

DEPOSITON: ANDREW CRAWFORD.

Aged 58 years.

Depositions taken: 11 & 12 March 1885.

DEPOSITION: R. A. COX.

I was Major Brooks Attorney in much of his business for several years before his death.

R. A. Cox (signature)

DEPOSITION: JAMES L. ANDERSON.

ANSWER OF MINNIE HERRING AND LENA HERRING BY THEIR GUARDIAN AD LITEM G. B. MURRAY TO THE BILL OF COMPLAINT OF W. A. CRAWFORD AND WIFE AND OTHERS.

No date.

They suppose it true that R. P. Brooks made the deed exhibited and that their mother was one fourth owner of the lands conveyed thereby. Their father U. T. Brown died about the time stated. They suppose it true that their great grandfather R. P. Brooks took charge of and rented out said lands and collected rents therefor as stated in the bill. They suppose it true that R. P. Brooks in his life time did not account to the four Brown children for rents and that R. V. Brooks has not accounted to them since the death of his father B. P. Brooks . . . the four Brown children were minors when R. P. Brooks took charge of the land . . .Minnie and Lena Herring are minors and of tender years. R. P. Brooks departed this life as stated and R. V. Brooks was appointed as Administrator as stated. The said Mary A. Brown (&) Carrie P. Brown intermarried as stated and Sarah H. Herring is dead and respondents Minnie and Lena are her only children and heirs and are non residents.

On 23 July 1863 R. P. Brooks purchased from Milton Draper a tract of land in Jackson Co. TN in District No. 11, lying in White's Bend of Cumberland River on the south side of said river and north of Flynn's Creek containing about 260 acres excluding the shares of the wife of Elijah Holliman, wife of Peter Teel and wife of W. King in the Dower of the widow of Harvey Hobby (deceased) who had her dower or part thereof on said land seven acres each, they being heirs at law of Matthew Brooks deceased. (R. P. Brooks) took the deed of conveyance of Milton Draper dated July 23, 1823. The tract is bounded by . . . the original corner of the Jessee McClelin tract . . .J. B. Rogers Spring . . .to Flynn's Creek . . .to Cumberland River . . . the original corner of R. P. Brooks and Milton Draper . . .P. McCarver land.

And whereas the purchase money by me paid, for said land, was Six Thousand dollars, one half of which was a Trust Fund in my hands belonging to my daughter Cyprysa Brown and which was by her consent and the consent of her husband U. T. Brown . . . my daughter Cyprysia Brown being dead and having left the following children her only heirs at law, to wit: Mary A. Brown, Thomas J. Brown, Sarah A. Brown and Cary P. Brown, I will warrant the title of said land to the said Mary A. Brown, Thomas J. Brown, Sarah A. Brown and Cary P. Brown.

 

BILL OF COMPLAINT OF W. A. CRAWFORD AND WIFE, ET. AL.
June 16, 1883.

Mary A. Brown, now wife of complainant W. A. Crawford, Carie P. Brown, now wife of complainant J. N. Hix, Sarah A. Brown, afterwards Sarah A. Herring and the mother of defendants Minnie and Lena Herring.

Carrie Hix is now under 21 years of age.

Richard P. Brooks died in May, 1881.

Depositions taken: 10 Dec. 1879.

DEPOSITION: J. M. CRABTREE.

33 years old.

J. M. Crabtree (signature)


NEW CASE.

CLAIBORNE, TATE AND COWAN VS.
STRONG, STEVE, ET. AL.
CHANCERY
1914

JUDGEMENT; ORDER FOR SALE.

Defendants Steve and Luther Strong, composing the Elpardo Mercantile Company are justly indebted to the complainants. . . Claiborne, Tate & Cowan, a company of merchants doing a wholesale business in Knoxville TN. Said defendants are insolvent.

Some time alone about May or June their (Steve and Luther Strong) said store was destroyed by fire, and a short time after that date, to wit, on the 20th day of July, 1914, defendant Steve Strong, the Senior member of said firm pretended to convey the following described tract of land, which is all the land he owns, to defendant P. F. Van Hooser as Trustee in trust to secure debts claimed to be due from the said Steve Strong to Defendant A. H. Johnson and William Strong, aggregating about $1400, and defendant P. A. Strong, wife of said Steve Strong, joined her said husband in said conveyance, although said conveyance upon it's face expressly reserves the Homestead Rights of herself and husband in said land.

This conveyance was made for the fraudulent purpose of defeating complainants and the other creditors of said firm in the collection of their debts . . .

Said land is bounded and described as follows: lying in the 6th Civil District of Jackson Co. TN containing about 75 acres and the same whereon the said Steve Strong and wife now live, bounded north by the lands of Asa Lynn and William Strong, east by Georgia Greenwood, south by J. R. Reed, and west by the heirs of William Warren, deceased, and the same purchased by said Steve Strong from John Stallings, Bart Smith and (blank) Maberry.

Defendant Luther Strong is owner of a small tract of 3 acres of land, lying in the 6th Civil District of Jackson Co. TN, bounded north by the public road, east and west by Helen Poston and south by Charley Taylor.


NEW CASE.

CLARK, A. J. AND HOGAN, EMILY VS. HOGAN, ROLLINS ET AL.
CHANCERY.
1868.

BILL OF COMPLAINT OF A. J. CLARK, NEXT FRIEND OF EMILY M. HOGAN OF PUTNAM CO., TN

AGAINST

WESLEY HARVEY OF THE SAME STATE AND COUNTY, ROLINS HOGAN AND ALBERT STANTON AND R. A. COX OF JACKSON CO. TN.

17 Jan. 1868.

Emily M. Hogan is alleged to be the daughter of Matt Cowan, deceased, who died intestate in the county of Putnam, TN. . . Wesly Harvey was appointed Administrator of the estate of said Cowan.

Emily M. Hogan is the wife of the defendant Rolins Hogan, that said Hogan was indebted to said estate in the sum of about $700 in gold . . . further alleging that the said Cowan in his lifetime had advanced several of his children to considerable amounts more than he had Complainant Emily M. Hogan. . .

Her (Emily's) husband was in a failing condition.

Hogan has been found to owe considerable debt to Albert Stanton; Court has ordered that lands of Rolins Hogan be sold to pay these debts. These lands are very valuable, worth $4000 or $5000, and lie in Jackson county TN, District #15 on Martin's Creek of Cumberland River and adjoined by the lands of Robert Montgomery, Henry Sadler, and others. Said land was sold in 1867 to the highest bidder, who was Albert Stanton. The said Hogan is now wholly insolvent and is now preparing his schedule in Bankruptcy.

GIFT DEED

Putnam County TN
27 Jan. 1857
Matthew Cowen to son in law John Bockman.

 

ROLLINS HOGAN VS. JOHN BOCKMAN AND OTHERS.

Depositions taken: 29 June 1866.

DEPOSITION: WILLIAM B. HOLMES.

Aged 55 years.

The land in controversy is located near Granville on the west bank of Martin's Creek. Rollins Hogan lives two miles from the land.

Rollins Hogan is the father of A. E. Hogan.

William B. Holmes (signature)

DEPOSITION: DAVID G. SHEPHERD.

Aged 62 years.

Alexander E. Hogan.

D. G. Shepherd (signature)

DEPOSITION: A. E. HOGAN

Aged 37 years.

A. E. Hogan (signature)

DEPOSITION: ALBERT STANTON.

Aged 56 years.

A. Stanton (signature)

DEPOSITION: DEFENDANT KELLY.

Depositions taken: 28 July 1966.

DEPOSITION: JOHN BACKMAN.

Aged about 54 years.

Very difficult to read because of bleed through.

J. Buckman (signature)

DEPOSITION: FRANCES (?) M. GOOLSBY.

Aged about 51 years.

Very difficult to read because of bleed through.

F. M. Goolsby (signature)

DEPOSITION: WHITE MYERS.

Aged 4? (ink blotch).

Very difficult to read because of bleed through.

White Myers (signature)

ANSWER OF JOHN BUCKMAN, ALEXANDER E. HOGAN, WHITE MYERS, AND JOHN J. KELLY TO THE BILL OF COMPLAINT OF ROLLINS HOGAN.

24 March 1866.

Complainants Buckman and Myers entered into partnership for the purpose of building a steam mill near Granville.

Some time after the mill was built, Complainant and defendant Myers sold their interest in said Mill to defendant Buckman, and Buckman agreed to pay all the debts against said partnership firm.

Depositions taken: 6 July 1867.

DEPOSITION: J. C. APPLE.

Aged 41 years.

Mariah Bockman is dead, and died before her father, Matthew Cowan died and before her mother Catron Cowan died. Said Mariah had children and several of them are now living. Said children were born in wedlock.

J. C. Apple (signature)


NEW CASE.

CLARK, B. D. AND P. T. EXER. OF NEVILL, ALEX.
COUNTY.
1891.

SETTLEMENT.

Made 8 Oct. 1891.

Balance Due $7024.34.

LAST WILL AND TESTAMENT OF ALEXANDER NEVIL.

April 5, 1890.

Asks to be buried in the Hunting Creek grave yard by the side of his mother and grandfather.

To the following legatees: B. D. Clark, Phillip Clark, A. N. Clark, P. T. Clark, Y. C. Clark, and W. S. Clark.

The following tract of land in Jackson Co. TN, District 4, on Hunting Creek containing 600 acres, bounded by Hester Clark, Ham Herod, J. R. Crabtree, L. H. Shoulders, the heirs of Jane Clark, Vance Brooks, Thos. McCorn, Charlotte Wilson, William Carnahan, and Alex. York. Also one tract of land in Clay Co. TN, District 4 and 5, lying on Big Trace Creek, deeded to me by Ham Spivy, containing 50 acres. Ask that these lands be sold and the proceeds equally divided. Also request that the entire stock of goods consisting of a capital of $3000 be sold and equally divided. Request that the Nols accounts be collected amounting to $5370, and equally divided. Cash on hand should also be equally divided after funeral expenses are paid. Request that a head and foot stone be put to each of the graves, to wit, my own, my mother Easter Nevil, my grandfather Yealvaton Nevil, and my aunts Harret (sic) Nevil and Pollie Wilson.

Appoint B. D. Clark and P. T. Clark as executors.

A. Nevil (his mark)

DEED OF TRUST.

5 March 1891.

On or about 1 July 1890, Alexander Nevill and P. T. Clark each furnished to me (Clay Clark) a cash capital of $750 with which to enter into the general mercantile business in the 6th District of Jackson county TN . . . in the firm name of Nevil & Clark.

. . . the said Alexander Nevill has since to wit on the 15th Feb. 1891 departed this life.

Y. C. Clark (signature)

THOMPSON, ANDERSON, AND FRANK M. GREEN, MERCHANTS COMPOSING THE FIRM OF ANDERSON, GREEN & CO. OF DAVIDSON CO. TN

AGAINST

Y. C. CLARK AND JOHN M. BURRIS AND PETER CLARK AND B. D. CLARK

AMENDED AND SUPPLEMENTAL BILL.

Y. C. Clark fraudulently transferred and conveyed by Deed of Trust all his property or all of the interest or share that was due (from the estate of Alexander Nevill) to his brother, defendant Peter T. Clark, for the fraudulent intent and purpose of defeating, hindering and delaying just creditors in the collection of their debts.

Peter T. Clark . . .was not a capitalist and had no money to loan. He was a mere Clerk and Salesman in a Country Store for his uncle A. Neville for salary or wages and had been for several years and that he has a large family, which he supported out of his wages as Dry Goods Salesman. And that about the time the defendant J. C. Clark went into Business, the said Peter T. built a large and costly Dwelling House costing largely. And it seems strange that a mere Clerk in a small country Dry Goods Store on a mean salary in a poor country could in a few years after supporting a large family and building a large and costly Dwelling become a money lender in these times of Financial Depression and (unreadable) strangely when banks are refusing loans.

After the death of A. Nevill, Peter T. Clark took said stock of goods in his possession and is now running the business in his name alone. Since 9 July 1890, Y. C. Clark has been running a saw mill.

ANSWER OF P. T. CLARK AND B. C. CLARK

TO THE BILL AND AMENDED BILL OF ANDERSON, GREEN & CO.

P. T. Clark, answering, says: I was a Salesman in the Store house of A. Nevill and got 1/2 the profits of the business for my wages.

P. T. Clark (signature)

ANDERSON, GREEN & CO. VS.

Y. C. CLARK, ET. AL.

COMPROMISE.

Sept. term 1892.

Complainants agreed to set aside their Bills and Defendants agreed to pay $25 to Complainants.


NEW CASE.

CLARK, BAZELL. ADMR. OF GRAVES, M. A.
COUNTY.
1874.

Depositions taken: 18 July 1874.

DEPOSITION: B. CLARK.

Aged 49 years.

I am the Administrator of the Estate of M. A. Graves, dec'd. I think I was appointed at the April County Court 1868.

I found the estate of Marshall A. Graves insolvent.

Bezaleel Clark (signature)


NEW CASE.

CLARK, BAZALEEL VS. PYRON, JAMES.
CHANCERY.
1867-1869.

Deposition taken: 1866.

DEPOSITION: B. CLARK.

I have considered my home in the neighborhood all the while from my boyhood to this time though I have been absent most of the time teaching and going to School. It was probably in one of the years 1838 or 1839 when Jones (Leonard Jones) moved on the land.

Bezaleel Clark (signature)

DEPOSITON: ALEXANDER CLARK.

. . . Jeremiah Bell lived on the farm in the year 1833 and claimed said land in controversy. Wm. Ray lived there before Bell. But I do not know where he claimed to Bell sold out to Leonard Jones in the year 1837 is my recollection (sic.)

Jones exercised ownership of said land during his stay there and James Pyron after him. Jones set out the orchard.

Alexander Clarke (signature)

DEPOSITION: JOSEPH CARVER.

Joseph Carver (signature)

DEPOSITION: MARTIN WITCHER.

I think I have known the (unreadable) some 28 or 29 years, situated on the East Fork of Wartrace Creek, just above the home (?) of the Widow Richardson and that Mr. Morgan began on the right corner when he run the line. He is County Surveyor. I was along and carried the chain for Morgan when the line was run.

Martin Witcher (his mark)

DEPOSITION: JAMES M. WAKEFIELD.

55 years old.

James M. Wakefield (signature)

DEPOSITION: THOMAS J. SHOULDERS.

24 years old.

Thomas J. Shoulders (signature)

DEPOSITION: JOSEPH R. CRABTREE.

Joseph R. Crabtree (signature)

COUNTY COURT, MARION CO. TN.

6 July 1868.

A. J. Clements appointed Administrator of the Estate of James H. Pyron, dec'd, who died intestate.

SURVEY.

9 April 1838.

Entry No. 2040, for 300 acres of land, dated March 5, 1833.

Surveyed for Leonard Jones, assignee of Jeremiah Bell.

300 acres in Jackson Co. TN, on the north side of Cumberland River on the waters of Ward's fork of Jennings Creek. Plat included.

BEZALEEL CLARK VS.

A. J. CLEMENTS, ADMR. OF JAMES H. PYRON, DECEASED, ELIZA PYRON HIS WIDOW AND MARY F., NAPOLEON, W.W., HAMPTON A. PYRON AND THEIR GUARDIAN AD LITEM.

DECREE.

27 Oct. 1870

Case settled by compromise.

The land sold by James H. Pyron to B. Clark shall be vested in B. Clark. The Administrator of the estate shall recover from B. Clark the sum of $643.86, the balance of the purchase price of said land. All parties shall share in the costs of the suit.

HENRY CORTERS (CARTER?) AND WIFE MARY CORTEL (CARTER?), PETER POLK VS.

ELIZABETH BREWINGTON, CENA BREWINGTON, JOHN BREWINGTON AND WIFE JANE BREWINGTON, THOMAS BREWINGTON, JUDY BREWINGTON, MARY BREWINGTON AND WILLIAM BREWINGTON.

Oct. 1870.

(Very hard to read.)

DECREE.

Ordered that dower be assigned to the widow of Mathew Brewington, deceased.

 

B. CLARK VS. JAMES H. PYRON.
COMPROMISE.

Widow and heirs at law of James H. Pyron: Eliza Pyron the widow, Mary F., Napoleon, W. W., Hampton A. Pyron. The complainant B. Clark agrees upon his part to pay the administrator A. J. Clements the sum of $643.86, the full amount of the principal and interest being still due and owing by the said complainant Clark to the intestate . . .

The title of the land in question will be divested from the widow and heirs at law of James H. Pyron and vested in B. Clark.

 

BILL OF COMPLAINT OF BEZELEEL CLARK, A CITIZEN OF JACKSON CO. TN AGAINST JAMES H. PYRON, A CITIZEN OF MACON CO. TN.

B. Clark purchased four tracts of land from J. Pyron about 10 Jan. 1857. They are on the waters of Ward's fork of Jenning's Creek. B. Clark has discovered that about 200 acres never belonged to Pyron.

 

BEZALEEL CLARK VS. A. J. CLEMONS, ADMR. AND OTHERS.
REVISION.

Eliza Pyron is the widow of James H. Pyron, deceased. Mary F. Pyron, Napoleon Pyron, Wade Pyron and Hampton A. Pyron, are the only children and heirs at law of said decedent, and are all minors. Guardian appointed.

DEPOSITION: DANIEL M. MORGAN.

Dan'l M. Morgan (signature)

DEED.

8 Jan. 1867.

James H. Pyron sold to Bazalell Clark a tract of land in Jackson Co. TN, District No. 4, on Ward's Fork of Jenning's Creek, bounded . . .Alexander Clarke's line . . .

James H. Pyron (signature)

Depositions taken: 21 June 1866.

DEPOSITION: MARSHALL A. GRAVES.

Aged 35 years.

When I first knew the lands they was occupied by Leonard Jones 30 years ago. James Pyron next acquired the lands.

M. A. Graves (signature)

DEPOSITION: ABRAM H. CLARK.

Aged about 47 years.

B. Clark was raised in the neighborhood.

I am a brother to complainant B. Clark.

A. H. Clark (signature)


NEW CASE.

HAMILTON H. HEROD AND ALEXANDER CLARK VS. MONTGOMERY CLARK, ROBIN HUDSON AND F. K. GRIFFITH AND MONTGOMERY CLARK VS. HAMILTON H. HEROD AND OTHERS.

ORIGINAL BILL AND CROSS BILL.
DECREE.
25 April 1872.

Defendant Montgomery Clark is indebted to defendant Robin Hudson in the sum of $909.15, that to secure said debt, evidenced by two promissory notes, Montgomery Clark executed to defendant Griffith a deed of trust to some land, described as: one tract in District 4 of Jackson county TN, 400 acres, south of Walker's line and west of Cumberland River on the waters of Cane (?) fork of Jenning's Creek, bought from William Hudson, warranty dated 20 Dec. 1852, and the lands whereon Washington Clark lived at that date, bounded on the south by what was called the Obediah Hudson tract, lying and being in the Kentucky territory, and where J. (?) ill. (?) Clark now lives . . . corner of Lemuel Hudson's 160 acre tract . . . corner of William D. Hutchinson's 50 acre entry.

It further appeared to the Court that defendant Montgomery Clark is indebted to complainants as (unreadable) within the firm name and (unreadable) of Herod and Clark in the sum of $1547.05 and to complainant Herod in his individual right in the sum of $68.60 and to secure this indebtedness, Montgomery Clark executed to Griffith a deed in trust to the following lands: 1/2 of a tract of land in District 4 of Jackson Co. TN containing 225 acres.

Unless Montgomery Clark pays the Clerk and Master the debts he owes, before the first Monday in June 1872, the C. & M. will sell the "said land."


NEW CASE.

CLARK, JOHN M. VS. HUDDLESTON, PLEASANT F. ADMR.
CHANCERY.
1855.

ANSWER OF PLEASANT F. HUDDLESTON TO THE BILL OF COMPLAINT OF JOHN M. CLARK.

The respondent supposes it true that there was some sort of partnership during the (unreadable) part of the year 1851 for one season between complainant and the intestate, his deceased father, in relation to the purchase and sale of tobacco . . .His father moved to Obion County TN and departed this life May 1854 and the respondent became the administrator (unreadable) his estate in the said County of Obion July 1854.

Depositions taken: 2 Oct. 1855.

DEPOSITION: ASA LOVELADY.

Aged about 38 years.

Asa Lovelady (signature)

DEPOSITION: HENRY M. LOVELADY.

Aged about 26 years.

Henry M. Lovelady (signature)

Depositions taken: 10 July 1855.

DEPOSITION: WALTER M. CLARK.

Aged about 52 years.

Walter M. Clark (signature)

DEPOSITION: LARKIN D. SWEAZEA.

Aged about 44 years.

L. D. Swezea (signature)

DEPOSITION: ALEX KEATH.

Aged about 52 years.

Alexander Keith (signature)

DEPOSITION: FEARNEY COOK.

Aged about 58 years.

F. J. Cook (signature)

DEPOSITION: BYRAM WILKERSON.

Aged about 30 years.

Biram J. Wilkerson (signature)

DEPOSITION: ALEX NEVILLE.

Aged about 42 years.

Alexander Nevill (signature)

DEPOSITION: JAMES KEATH.

Aged: "old enough."

James Keith (signature)

DEPOSITION: ALEX CLARK.

Aged about 41 years.

In 1852, I was employed by Dan'l Huddleston to buy tobacco for him. I coopered some hogsheads for Jno M. Clark in the fall of 1850 or spring of 1851.

I am a brother of Complainant.

Alexander Clark (signature)

DEPOSITION: MONTGOMERY CLARK.

Aged about 38 years.

Montgomery Clark (signature)

 

BILL OF COMPLAINT OF JOHN M. CLARK AGAINST PLEASANT HUDDLESTON, ADM. OF DANIEL HUDDLESTON, DEC'D.

In 1850, John M. Clark and the defendant intestate entered into a partnership . . . in the business of purchasing , preparing and conveying to the New Orleans market tobacco . . . He bought tobacco from Larkin D. Sweazen (Sweazee?), Alexander Nevil, Ferney J. Cook, Christopher Meadow, James W. Draper, Dorcus Wilkerson, Alex'r Keith, James Keith and others.


NEW CASE.

CLARK, P. A. GRDN. OF J. M. CLARK HEIRS.
COUNTY.
1890.

APPOINTMENT OF ATTORNEY.

Know all men by these Presents that we, Sarah L. Buchanan, Hubert W. Clark and Mary A. Clark of Lusk in the county of Pope in the State of Illinois, have made, constituted and appointed and by these Presents do make, constitute and appoint Levy M. Clark of the town of Haydenburgh, county of Jackson, State of Tennessee, our true and lawful attorney for us and in our names, place and stead to collect and receipt for any money which may be due (unreadable) from the estate of our grandfather, John M. Clark, deceased, late of Haydenburgh in the county of Jackson, State of Tennessee . . .


NEW CASE.

CLARK, SID E. VS. WILSON, T. J.
CIRCUIT.
1896.

THE ANSWER OF THOS. J. WILSON TO THE WRIT OF HABEAS CORPUS.

He denies most positively that he unlawfully detains the infant child of Relater from him . . . Relater is not a suitable, fit or proper person to have the care, custody or (unreadable) of said minor child . . . Respondent says that he is the grandfather of said infant child, it's mother being the daughter of Respondent or Defendant.

The mother of said infant child died when it was two weeks old or less, but upon the death of the mother of said child, the father, the relater, S. E. Clark, gave said minor infant child, being then less than two weeks old, to respondent, it's grandfather, to raise and care for, which he has done with great care and trouble up to the present time, for a period of four years. . . respondent and his wife has become devoutly attached to said child . . .

 

S. E. CLARK VS. T. J. WILSON.
HABEAS CORPUS.
Nov. 13, 1896.

The child in controversy, Lena Belle Clark . . .


NEW CASE.

CLARK, VIRGIE, EXER. OF CLARK, V. M. AND F. D. CLARK VS. E. ROBINSON, GDN.
COUNTY.
1910.

VIRGIE CLARK, EXECUTRIX OF V. M. CLARK, DECEASED, VS.

MATTIE CASSETTY, P. P. CASSETTY, TAMA ROBINSON, ELIJAH ROBINSON, GUY CLARK, FADEL CLARK AND CRONGAE CLARK.

COMPROMISE.

P. P. Cassetty and wife Mattie Cassetty agree to accept $4000 in full satisfaction of their interest in the estate of V. M. Clark, deceased, and agree so far as they are concerned that the paper writing, purporting to be the last will and testament of the said V. M. Clark may stand as his will and that the rights of the other children and descendants of said Clark may remain as fixed by said paper writing, except as they may have to be changed and affected in raising said $4000.

PROCEEDINGS.

June 1, 1908.

Last Will of V. M. Clark, dated May 5, 1908, presented and accepted. V. M. Clark lately died in Jackson Co. TN. His usual place of residence at the time of his death was Jackson Co. TN. Virgie Clark appointed executrix.

PETITION OF MATTIE CASSETTY, BY AND THROUGH HER HUSBAND, P. P. CASSETTY.

June 9, 1908.

The Legatee and devisees under the said writing (last will and testament of V. M. Clark) are Guy Clark, Fadel Clark, Crongae Clark, Tamma Robinson, and Virgie Clark, Guy being a son, Fadel, Crongae and Tamma being daughters, and Virgie being the widow of said deceased. Your petitioner, Mattie Cassetty, is a daughter . . .

. . . believes V. M. Clark was of unsound mind, and was unduly influenced. All of legatees reside in Jackson County, except Tamma Robinson and her husband Elijah Robinson, who live in Smith County, TN.

APPLICATION OF VIRGIE CLARK FOR ONE YEAR'S SUPPORT.

Three minor children: Guy, Fadel, and Crongae.

LAST WILL AND TESTAMENT OF V. M. CLARK.

Bequeaths to son Guy my tract of land in Civil District No. 4 of Smith Co. TN known as the Bradley Tract, during his natural life and at his death to his descendants and if he should died without a living descendant the land to revert back to my other heirs share and share alike, except my daughter Mattie. She is not to come in for any part.

Bequeaths to daughter Tamma Robinson, his tract of land in Civil District No. 5 of Smith Co. TN, known as the Goad place and also another tract deeded to me about 21 Oct. 1904 by Elijah Robinson in the 2nd District of Smith Co. TN, for her life time.

Bequeaths to two youngest children Fadel and Crongae my home tract of land which is situated in Smith and Jackson Cos. TN share and share alike during their lives, again, Mattie is never to get any of it.

Bequeath to my wife Virgie my tract of land in Civil District # 5 of Smith Co. TN, known as the Donoho place, during her life, and at her death or marriage it is to go to Gus, Fadel and Crongae. It is never to go to Mattie. My wife should also have $300, and all the exempt property.

I do not want my children by my former wife to take any less . . .bequeath to my son Gus, during his life, my lands in Civil District No. 4 of Jackson Co. TN, one tract being my mother's old home place and four other tracts. Mattie is never to get this.

I received $200 from my former wife and I have here to for given my daughter Tamma Sixty six and 2/3 dollars and I hereby and herein give and bequeath to my daughter Mattie one hundred and thirty three and 1/3 dollars.

All other properties are to be sold and divided equally among the heirs, except Mattie.

GUARDIAN APPOINTED.

Elijah Robinson appointed guardian of Guy & Fadel Clark & Crongae (Clark) Holleman.

Depositions taken: no date.

DEPOSITION: J. T. CONDITT.

I am 32 years old and a physician.

I have practiced medicine for 5 years.

I was Virgie Clark's family physician for a year or more before she died, and was waiting on her during Aug. 1910.

She had, and died from, cancer of the womb and complications. She was afflicted with this for two or three years before she died.

J. T. Conditt (signature)

DEPOSITION: O. M. WHITE.

I have practiced medicine for 25 years. . . her (Virgie Clark's) death in Jan. 1911.

O. M. White, M.D. (signature)

 

F. D. CLARK VS. ELIJAH ROBINSON, GDN.

. . . court finds the matters at issue in favor of the plaintiff as follows: that plaintiff, by reason of his contract made and entered into with Mrs. Virgie Clark, the life tenant of the lands in question, was entitled to the possession of the leased premises from the first day of Jan. 1911, until her death, which occurred on the 24th day of Jan. 1911, and no further; that upon the death of the life tenant, the plaintiff thereupon became the tenant at sufferance of the remaindermen, the wards of the defendant, and that said remaindermen had the right and power to terminate that tenancy, and having elected to do so, the plaintiff is not entitled to damages for any of the matters and things sued for in the declaration or warrant, except, the three trees cut by the plaintiff before the death of the life tenant, which are shown in the proof to be worth one dollar each, which were converted by the defendants.

 

F. D. CLARK VS. ELIJAH ROBINSON, ET. AL.
APPEAL.

. . . near the Dr. V. M. Clark deceased grave yard . . .

 

SMITH COUNTY TENNESSEE CHANCERY COURT.
15 Sept. 1908.

Set aside Homestead and Dower on the premises of the late Dr. V. M. Clark in Dist. No. 5 of Smith Co. TN and Dist. No. 14 of Jackson Co. TN to Mrs. Virgie, widow of the said V. M. Clark, deceased. First a Homestead, beginning in Salt Lick Creek on F. D. Clark's northwest corner . . .near Richardson's . . .containing about 30 acres, including the family residence and out buildings, valued at $1000.

The Dower . . . with line of Pate old tract, now Shoulder's . . . M. T. Jones line . . . the Kailiar Donoho tract . . . the Hailie deed. . . the Tempie Green Tract . . . Sophia Dean's corner . . . line of Sone Jo Williams . . .containing approximately 245 acres.

Plat included.

 

PETITION OF ELIJAH ROBINSON, FILED AS REGULAR GUARDIAN FOR GUY, FADELL AND CRONGIE CLARK, MINOR HEIRS OF V. M. & VIRGIE CLARK, DEC'D.

28 Feb. 1911.

. . . said wards are minors of tender years, left without father or mother or anyone to keep house for them, and their lands and home will have to be rented out, and said minors are at present residing with petitioner in Smith County TN. There are no assets available at this time to meet their present expenses. He (Robinson) has them in school, and they are in present need of books, clothing, etc. He states that at the time he was appointed guardian as aforesaid, and took charge of said wards, they were in great need of clothing.

He states that the horse and cow reported in his inventory were very old and practically worthless; that the hog was crippled, and there was no feed stuff of any kind on hand belonging to said wards with which to feed said stock, and he was being forced to buy same, which soon would have consumed the worth of said property; that a lot of the household property and other personaly set out in said inventory was very old and practicably worthless, and under the circumstances was of no value whatever to said wards at this time, and to keep the same until they became of age, would have been of still less value, if of any at all. He states that V. M. and Virgie Clark were sick in the house where this property was located, and used same for many months preceding their respective deaths. V. M. Clark died of tuberculosis, and said Virgie of some lingering disease unknown to petitioner, so under the circumstances your petitioner thought it unadvisable, and thought it imprudent and improper and not to the interest of said wards to keep said property herein after mentioned and referred to, so, he, accordingly on the 15th of Feb., 1911, sold said livestock and the household and other property set out in Exhibit "1" hereto for the prices therein set out.

There is other property which should be sold, and taxes which must be paid at once.

 

PETITION OF ELIJAH ROBINSON.

Jan. 27, 1914.

Crongae Clark has married Esden (?) Holleman. Crongae and her husband are still both under the age of 21 years. She lives in Smith Co. TN, as do his other wards, Guy and Fadel.

 

STATE OF ILLINOIS, UNION COUNTY.
CLERK OF THE COUNTY COURT.

Deposition taken: 19 Jan. 1896.

DEPOSITION: HENRY SWEZEA.

On or about 1 Oct. 1875 V. M. Clark agreed with Scott S. Swezea that he would pay to Samuel Hance a note which the said Scott S. Swezea owed to said Hance for 22 1/2 barrels of corn. That said contract was made by and between the said S. S. Swezea and V. M. Clark in Jackson Co. TN.

Henry Swezea (signature)


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Jackson County Coordinators
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