Jackson Co., TN Loose District/Chancery Court Papers
Reel #64, Crowder - Cunningham, S.
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

Item 1.

Crowder, Perry vs Loftis, J. M. et. al.

Chancery Court 1904

I have this day bargained and sold unto M. N. Crowder for $1500 in cash paid to me in hand the balance due Jan. 1, 1883 in 2 notes due as above stated bearing interest at 6 % per annum from Jan. 1, 1881 in a lien retained upon said land to secure the payment of the above 2 notes for $250 each. Said land lies on the south side of the Cumberland River containing by estimation 438 acres in Dist. # 8 of Jackson County. Boundaries: north bank of Cumberland River 1/2 mile below mouth of Webster's Creek . . . James Hall's line . . . Henry Bailey . . . said Kirkpatrick . . . Grant # 12744 from the State of Tennessee. I do covenant with the said M. N. Crowder that I . . . have good title, etc. Feb. 14, 1881.

William Harris Albert Kirkpatrick

Marion Harris E. C. Kirkpatrick

Item 2

H. F. Harley, Clerk and Henry P. Loftis, D. Clerk, testify that they have privately examined E. C. Kirkpatrick, wife of Albert Kirkpatrick, and ascertained that she freely and understandingly has agreed to the deed above.

Items 3, 4 and 5

Legal maneuverings.

Item 6

Perry Crowder vs J. M. Loftis, et. al.

Quest. The deposition of Raney Moss for deffts. being duly sworn deposes as follows. State your age, residence, and were you acquainted with H. P. Loftis during his natural life and Albert Kirkpatrick during his life.

Ans. My age is I was born 1829. I know the parties asked about.

Quest. State whether or not you lived on the north side of the river and tended a ferry at what is known as the Bloomfield landing, if so, when.

Ans. . . . ran a ferry starting in 1871 until 1874.

Quest. Who owned the H. P. Loftis tract of land on the south side of said river there.

Ans. Albert Kirkpatrick owned both sides of the river there.

Quest. Who did you make an arrangement in regard to running a ferry there if anyone. If so state what your arrangements were.

Ans. I made my arrangements with Albert Kirkpatrick the owner of the lands. He owned both banks. The first year he was to keep up the road and furnish a boat and I was to keep up the banks. There hadn't been any ferry there in about 7 years and the ferry had been gon (?) down.

Quest. What road was Kirkpatrick to keep up.

Ans. He was to keep up the road on the south side. He said he had that to do anyhow and I need not pay any attention to it.

Quest. What was you to give him for the use of the boat and road privilege of running the ferry.

Ans. The first year that he furnished the boat I was to pay him $50 for the use of the ferry and banks and do his and his family's ferrying free.

Quest. Did you understand that you was paying him anything for the road across the bottom.

Ans. It was mentioned the way I have stated it. He was to keep up the road across the bottom; he said this road is a road that I have to keep up anyway and you need not pay any attention to it.

Quest. Did Kirkpatrick use the road across the bottom to move his stock from one side of the river to the other side from one of his farms to the other.

Ans. He said one reason he wanted a ferry there he could have someone to pass his stock backwards and forwards. I crossed a good deal of stock for him there.

Quest. Did Kirkpatrick control the road across the bottom from the Gainsboro & Celina road to the river while you threw it.

Ans. Yes sir.

Quest. While you threw the road across the bottom was it a private road or Kirkpatricks or a public road.

Ans. It was a road that was traveled by everybody but was by permission. I suppose I don't suppose he would of permitted me to have a public road threw there.

Quest. State whether or not to give the public a road threw there wouldn't greatly damage the Loftis place not having the right to control it.

Ans. I would think it would.

= Cross Examined =

Quest. 1. How long have known the Loftis land.

Ans. I recall since 1842.

Quest. 2. Did you know it before Albert Kirkpatrick bought it. If so who owned it then.

Ans. Yes. Henry Crowder owned it.

Quest. 3. Has there or not been a road there since you first knew the place.

Ans. Yes, the road is near about the same place now and has been there ever since I first knew the place.

Quest. 4. Has there not always been a ford in Cumberland River there ever since you knew the place.

Ans. Yes. At low water.

Quest. 5. Did you ever in all your life know of anybody being prohibited from traveling the road.

Ans. I don't remember of it if I ever did.

Redirect

Quest. State whether or not there used to be a public road at the mouth of Sugar Creek from the Gainsboro & Celina road to Cumberland River and a ferry at this place. If so, where was it, that there was a public road and ferry at this place.

Ans. There was a public road asked about and a ferry. The ferry went down the best of my recollection Starlan (Sterling) Harris died in 1857 and it was before that. Starlan (Sterling) Harris had the road dismantled.

Quest. How far was this road and ferry up the Gainsboro and Celina road from the road in dispute.

Ans. About one mile.

Quest. State whether or not the road and ferry at the mouth of Sugar Creek would be more convenient for the people on both sides of the river than the one in dispute in this case.

This redirection ends here; there is no answer to the above question.

Item 7

Witness Henry Baily for defft. being dully sworn deposes as follows:

Quest. State your age, residence and was you acquainted with H. P. Loftis in his life time.

Ans. I am 54 years old, live at Whitlyville R-41-D-No. 1. I was acquainted with H. P. Loftis during his life time, while he lived in the 8th District.

Quest. If you ever had a conversation with H. P. Loftis relative to the ferry and road at the Bloomfield landing state where said conversation was had at and how came it up. State fully all about it.

Ans. H. P. Loftis and I was coming from Jennings Creek Mill and he raised that he was going to do his milling on Jennings Creek on the north side of the river that his ferrying would not cost him anything that Norris Crowder was to do his ferrying free for the use of the way out on the south side.

Henry Baily (signature.)

We wave coption and certificate to the deposition of Raney Moss and Henry Baily and notice as to Henry Baily deposition this May 9, 1906.

H. R. Johnson for Defft.

John T. Gore for Comp.

Item 8

Perry Crowder vs J. M. Loftis et. al.

 

In this case John J. Gore makes oath in due form of law that on May 31, 1906 he had an oral agreement with M. Tinsley Solicitor for Deft. in the foregoing case by which each party were to introduce certain witnesses before the Court and take their oral statements in this case in which --- (unreadable) --- the said Tinsley agreed for complainant to introduce and examine ----- Alex Anderson.

Sworn to and subscribed before John J. Gore

Me June 8, 1906

W. M. Gailbreath, C. & M.

Perry Crowder comes and on oath says he adopts the forgoing affidavit of John J. Gore as his affidavit. This June 8, 1906

his

Perry X Crowder

Mark

Sworn to and subscribed

before me June 8, 1906

W. M. Gailbreath, C. & M.

Item 9

Perry Crowder vs J. M. Loftis, et. al.

Answer of D. B. Johnson.

The separate answer of D. B. Johnson to the bill filed by Complt. Against Deft. J. M. Loftis, on Dec. 20th 1904 and also the amended petition filed against Deft. Loftis and respondent Aug. 15, 1905.

Respondent says

That he doesn't know anything about a public highway as described in Compts. bill that all Respondent knows about it is what he has heard proven in court, that Complt. While acting as henchman for one L. S. Anderson he or Anderson or both of them had Deft. Loftis indicted for obstructing this road, and on the trial there was a large number of witnesses examined and they failed to proove that this was a public road and the jury turned Deft. Loose, and this is about the source of respondents information as to whether this is a public road.

Respondent does not know whether Complt. owns the land adjacent and across the river where the ferry is kept or not, so he neither denies nor admits it.

Respondent denies the allegation in Complt. original bill that the road leading from the Gainsboro and Celina road to Cumberland river is on the lands of L. S. Anderson, but that said road runs on respondents land, that L. S. Anderson is in possession of about 35 acres of bottom land that belongs to the H. P. Loftis decd. heirs which land adjoins respondents land, that L. S. Anderson purchased said land under a void decree from the Chancery Court of Jackson County, TN in the case of R. W. Allin et. al. vs. J. M. Loftis Admr. et. al., that the decree selling said land was made without the bill or case being put at issue, that it was a bill to foreclose a mortgage executed by H. P. Loftis and wife on said tract of land, that the decree selling the land was made without the bill or case being put at issue, that it was a bill to foreclose a mortgage executed by H. P. Loftis and wife on said tract of land, and that H. P. Loftis heirs were all made parties Deft. and that said land was decreed to sell to pay off a number of notes without the answer of John Martin and Sam Loftis, both heirs of H. P. Loftis decd. and without any judgement pro confeso being entered against them without any proof as to the justness of the claims, and sold the land for much less than it's value, and that said decree is a nulity and Anderson and others got no title to the land.

Respondent denies that A. Kirkpatrick sold to N. M. Crowder the ferry landing on the south side of the Cumberland river.

Respondent states that the use of said road has been by permission of the land owners as respondent is informed.

Respondent states that A. Kirkpatrick owned the two tracts of land both separate and distinct tracts that one was on the north side of Cumberland river and the other on the south side, and that the two tracts has no connection so far as franchises so far as rights of ingress or egress.

Respondent admits on the __ day of July 1905, Deft. J. M. Loftis sold transferred and conveyed to D. B. Johnson the lands he owns on the south side of said river, and the land where the road runs, but he denies the boundaries being correct as described in petition.

Respondent admits that he knew the pendency of the suit when he purchased the land, respondent denies the allegation in Complt. bill that respondent had denied or refused the public or any individual to travel said road, that respondent is not in possession of said road or field adjoining nor will he be until Jan. 1906, and he has nothing to say neither way concerning said road.

Your respondent now having answered all the allegations in both the original and amended bill that he deems it necessary or material for him to answer he prays to be dismissed with his reasonable Cost.

D. B. Johnson

Item 10

Perry Crowder vs J. M. Loftis, et. al.

Pending in Chancery Court at Gainsboro TN. The deposition of Perry Crowder for Complt. ---Taken before C. & m. by agreement on 31st May 1906.

Witness Perry Crowder being sworn states on verbal interrogations as following. I am the Complt. in the above styled case. Norris Crowder was my father. He died 9 years ago last April. My mother died in 1899. They left two children myself and R. P. Crowder. At his death he owned some real estate on the north side of the river in the 8th district--of this county--which was opposite the Hick P. Loftis farm. Before he died he divided the land between myself and my brother ---illegible-- the line himself and after his death we let it stand just as he had divided it and each one took possession of our parts. And when R. P. Crowder sold his part to Ben Hix me and my wife signed the deed and afterwards I sold my part and my brother and his wife signed my deed. I got the part opposite the ferry known as Crowder's Ferry. After my father died I put in a boat, a little while after his death and operated a ferry there. I lived there a year before my father died but I didn't put in the boat until after my father's death. During my father's life time he ran a ferry there.

I knew Hick P. Loftis in his life time. I never did hear a word said between my father and Hick P. Loftis about the ferry but one time Hick Loftis was hauling some logs off of Locks branch on the north side of Cumberland river to the river. I think it was the first day that they hauled that I heard the talk between them and over night my father started with Loftis down to the river and I went down with them to help my father put them over the river and when we got down on top of the bank old man Hick Loftis said to my father "if it suits you I will take the boat over every night and bring it back every morning and I will pay you for the use of the boat." And my father --unreadable--a minute or two and then told him he could take the boat & bring it back in the morning and if anybody came and had to cross he could take the canoe and go over after the boat. He took the boat on after these words and went back to the house.

I never did say to Al Moss in the presence of J. W. Hicks or any other person that I had to do Fay Andersons or any other persons ferrying for the use of the road up through the field to the Gainsboro & Celina road. If I did I don't recollect it. I never done Fay Anderson's ferrying or any other person's ferrying free for the use of that road. I always used that road just as I wanted to. I never asked anybody. I never did ask Fay Anderson or any other person for permission to use that road.

I never said to Al Moss that I had seen Fay Anderson and got permission from him to use that road. We moved to that place in the year 1800 and Loftis moved to his farm in 1881 and I have known that road ever since and before but not so well acquainted with it - before we moved there. I passed over the road when I was a boy. Every body has traveled the road that wanted to as far as I know since I have known it. I never heard any kick until this. I never knew or heard of anyone getting permission from any of the owners of the land to travel said road since I have known it.

Said road runs mostly over smooth and level land and is a natural thorough fare, except a small place which is a little sidling (?) and washes a little and I filled up the wash one time but since this kick got up I have never touched it. After the obstruction said to have been put in the road by Loftis was put in the road you couldn't travel the road at all. I didn't see him put the obstruction in there.

I have heard read a deed from A. Kirkpatrick to Norris Crowder bearing date Feby. 14, 1881 and it covers and includes the land on the north side of the river where said ferry was operated. The trade was made in the fall of 1880 but the deed was not executed until just a few days before old man Kirkpatrick left here. I here file said deed as Exhibit "A" to this my deposition as requested.

Deft. J. M. Loftis has crossed at the ferry since he has lived on the Hick. P. Loftis farm both before and since this law suit was brought and always paid the ferryage. I know where the stake is down under the cassock (?) and under the lower corner of the upper end of the ware house. I never saw the stake put there, but it has been shown to me. It is on a line with the upper end of the ware house and where the old fence used to run on the lower side of the road going out through the field to the Gainsboro road.

Cross Examined

Since I have known the ferry thru there was a period of about 2 years where there was no ferry kept up at that place. That was about 1896 and 7 perhaps up in 1898 I ain't positive about the length of time. And when we first moved there was no ferry kept there. I suppose it was about a year or so before my father's death that he was not able to keep the ferry and he sold the boat. There was at one time there was a ferry kept up at the mouth of Locks branch and at the Crowder ferry at the same time but I don't remember the year nor how long they were both --unreadable-- at the same time. I suppose there was a year and a half or two years of the time when there was no ferry at either place. My father sold his boat to James Spivy and he took it to the mouth of Locks branch and kept it there for a while and then sold it to Par---- Spivey --illegible-- up to the time I put a boat there was no ferry at either place. The stake mentioned as standing just over the bank is about 10 feet from the corner of where the old ware house stood. The stake is about 2 or 2/2 feet out of the ground. It is a cedar stake and about as large 4 or 5 inches in diameter. There are some other stakes, one close to the ware house and is a post to the ware house shed and along the old fence row there are some other stakes. The next one is 10 or 15 steps from the ware house. I think they are cedar also. I don't know whether the stake under the bank was a fence post or not. There were no slats nailed to it. It has been 3 or 4 years since I saw it. Fay Anderson was the first one showed this post to me. This was about the time the law suit first got up between Anderson and Loftis. I don't know how long it has been. I never heard of Fay claiming that road before that time. I never heard of anybody claiming it. Fay bought that mortgage land. Some time after Fay bought that land there was a fence built -- from the Gainsboro & Celina road clean through to the river on the upper side of the road. I don't know how often I advised with Fay Anderson about bringing this lawsuit -- before I brought it -- but we talked about it -- a time or two. I asked him whose land the road was on, that was the reason I talked to him about it. I asked him how his deed was the first time and he got his deed and read it -- to me. I did not have any agreement with him about the costs, before the suit was brought. He agreed to pay $10.00 of the lawyer fees. He said if it was not a public road it was his land and he had to go through there and he needed a road. At the time I brought this law suit I had a pass way out over Fay's land and after they had cut bushes apart in the other road. I dug a way out up the bank so horses could go up the bank but Fay told me that whenever it got wet I would have to quit going through over his land. We went through his meadow. The people I set across went out over Fay's land but I didn't set a great many across. Docktors and those who had to cross. It was not the understanding between Fay and me that if I failed in this suit that I was to have a road over his land. I had J. M. Loftis indicted for obstructing that road that was for the locking the gate. The brush was put in after wards, he came clear. I would have brought this suit whether Fay had agreed to pay part of the fees of sols. or not.

Fay Anderson is on my prosecution bond in this case. I have not taken a very active part in the law suit -- between Anderson and Loftis on behalf of Anderson. I have talked with him several times about it. Me and him are special friends. I don't know whether I have been a witness for Fay in every law suit he has had with Loftis or not, but I have been down here several times. At the time I heard the conversation bet. Hick P. Loftis and my father he Loftis had 4 mules. He didn't have any wagon. Mr. Loftis and my father were up on the bank and two of Mr. Loftis boys had carried the mules down into the boat. I think it was Jim and George Loftis. I expect it was seven steps from where we were down to the boat where the boys were.

J. M. Loftis came there and crossed several times while he lived at Lafayett and payed his ferryage. That was before this suit was brought. If he ever crossed there and payed his ferryage before I put the boat in there, I don't know of it. -- I didn't keep the ferry before that.

My father lived on this side of the river where Spiva (?) Walker now lived before he removed to the place he bought of Kirkpatrick on the north side of the river. I couldn't tell you how long before my father moved over there that there had been no ferry there.

his

Perry X Crowder

mark

Re-Direct

J. M. Loftis said to me that that road was the line, and that entitled him to half of the road and if he had to build a fence there he intended to build it -- in the center of the road. No one was present but me and him. I reckon it -- has been 2 years ago last spring -- I saw a rock on the lower side of the ferry road and old man R. W. Allen told me that that was the line between the homestead and dower.

Test. W. M. Gailbreath, C. & m.

his Perry X Crowder

mark

=Re Ex=

That rock was something over half way from the Celina & Gainsboro to the river. It was out on top of the rise from the Slue. Mr. Allen --illegible-- and said Mrs. Loftis got 11 acres that ran down to here from the Gainsboro Celina road. He said she got that cut off for her dower or something. That she had 11 acres below the road. I don't know anything except when Mr. Allen showed me the rock he said his part came down to there, eleven acres below the road. He showed me this rock some time after it was laid off. I wouldn't state how long it has been because I don't know--no one was present. We was walking along the road. I couldn't estimate how long it has been but not very long after it was laid off.

his

Perry X Crowder

mark

Test.

W. M. Gailbreath, C. & M.

Item 11

Said witness L--illegible-- B. Anderson of lawful years being sworn in says (for compt.)

Quest. 1. When were you born and raised and how far from the road in question in this case?

Ans. I was borned and raised at Meigsville and some 3 or 4 hundred yards from said road.

Quest. 2. What is your age and do you know deft. Jas. M. Loftis and did you know his father Hick P. Loftis in his lifetime?

Ans. I am 31 years old and I know J. M. Loftis and I knew Hick P. Loftis in his life time.

Quest. 3. Do you know what is called the Hick P. Loftis lands?

Ans. Yes.

Quest. 4. Was you present when they staked off certain of the Loftis lands mortgaged by Hick P. Loftis and wife to R. W. Allen et. al., if so how did the Westener boundary (?) of said mortgaged land run with reference to the Crowder farm road and a fence running from the Gainsboro & Celina road to the river. Was the fence on the upper or lower side of said ferry road?

Ans. I was there at the time mentioned. My understanding was that the line ran with the fence, and the fence was on the lower side of the road and the stake was between the ware house and the river. I have seen the stake there since but I don't know whether it is there now or not.

Quest. 5. Was the stake put down at that time by the parties and ---unreadable--- to the mortgaged land?

Ans. I suppose it was. I saw them down there doing something with it--I never paid much attention at the time.

Quest. 6. Was there any fence above the road at that time. Who built that fence above the road. When was it built?

Ans. There was no fence above the road at that time. I built the fence above the road in the spring of 1894 or 5. I can't be certain which it was.

Quest. 7. Did you ever hear Deft. J. M. Loftis say anything about the ferry road being included in the mortgage to Allen et. al. if so what did he say about it?

Ans. All I ever heard him say was that when I built the fence above the road he asked me why I didn't put it where the old fence was and I told him I was putting my fence on the upper side so the hogs couldn't get out. The ferry road was there and they left the gate open and I couldn't keep it shut.

Quest. 8. Did Loftis have possession and control of the Loftis land at the time he had this conversation with you?

Ans. I think he was cultivating it then and it was before the Loftis land was sold in 1895.

Quest. 9. When you was in possession of the Anderson land and in fact ever since you can remember say if or not the farmers used and traveled the road in question at any and all times they desired?

Ans. Yes, sir, ever since I can remember.

Quest. 10. Do you know when the land laid off as dower to Harriett Loftis, widow of Hick P. Loftis out of the landed estate of Hick P. Loftis was? If so, state where it was on which side of the Gainsboro & Celina road and also the ferry road. If you ever seen any stone at any of the dower corners state where it was?

Ans. The land was below the Gainsboro & Celina road and below the ferry road. There is a rock or stone about half way down the ferry road and on the lower side and it was said that that stone was the dividing line between the homestead and dower. I reckon it was the homestead and dower.

Item 12

Defft. J. M. Loftis except to the deposition of L. B. Anderson for want of written notice to take the same and he avers said deposition was not finished.

Second

It was taken and filed after the time had expired to take and file proof in chief said proof is proof in chief.

D. B. Johnson, Sol.

for defft. Loftis

The foregoing exceptions sustained June 8, 1906

W. M. Gailbreath C. & M.

Complt. prays an appeal to the Chancellor June 8, 1906

W. M. Gailbreath, C. & M.

Item 13

Perry Crowder VS J. M. Loftis

Witness Pierce Loftis witness for J. M. Loftis, deft. being of lawful age sworn deposes as follows

Quest. State your age, residence and what relation are you to the defft.

Ans. I am 39 years old. I live on Flynns Creek in the 12th district of this county. I am brother of defft.

Quest. Are you acquainted with the road in dispute in this case running from the Gainsboro & Celina road to Cumberland river.

Ans. Yes, sir.

Quest. How long have you known said road and how long did you live on the Loftis place where this road is and where was it.

Ans. I have know said road ever since 1881 when we moved there. I lived there on that farm about 15 years. We moved there in 1881 and left there in 1892 which would make only 11 years.

Quest. When your father moved to the Kirkpatrick farm where this road is was there a ferry where the road is now. If not, where was the ferry at that time and who kept it.

Ans. At the time we moved there, there wasn't any ferry at our ware house. There was a ferry down at Mr. Speakman's about half mile below where our ware house was, or where the ferry or --illegible-- here to fore been.

Quest. Who put in the first ferry at the road now in dispute after you moved there and by what arrangement was it put there between your father and the one that put it there. If this was ferry arrangements state what you know about it.

Ans. Mr. Norris Crowder was the man who put the ferry in. My father told me that Mr. Crowder wanted to drop the ferry in there and if he would let him drop the ferry in there he would do his ferrying free.

Quest. Did your father mention the road when speaking of Mr. Crowder putting in the ferry.

Ans. Yes, sir. My father said that Mr. Crowder said the road was on his, my father's side and he was willing to do my father's familys ferrying free for the use of the road.

Quest. Did you cross at the ferry if so how long did Crowder do your father and familys ferrying for the use of the road.

Ans. I crossed at the ferry. I don't think we had been living there very long when he dropped the ferry in there and he was keeping the ferry there when I moved away from there.

Quest. Did you hear Mr. Crowder speak of how he --illegible-- your fathers ferrying. If so what did he say?

Ans. Mr. Crowder told me that he was to do our ferrying for a pass way through there.

Quest. What was your understanding about the road that ran from the Gainsboro & Celina road to the river. Was it a public or a private road belonging to your father H. P. Loftis.

Ans. I didn't understand it to be a public road, as a public road would be kept up by an overseer.

Quest. Did you understand that the public had any rights on said road.

Ans. No sir.

Quest. What was your understanding about the public using said road. Wasn't it by your father's permission and consent, or did the public use it over his protest.

Ans. My understanding is that it was not a public road and that it was by the consent of my father whose land it ran over.

Quest. State whether or not it would damage the farm that said road runs over considerable to give the public a right to use said road as they seen fit, drive live stock through it when crops are in the bottom.

Ans. I think it would.

Quest. State whether or not nearly every farm on the river on the south side in the neighborhood where this road is have a road running from the Gainsboro & Celina road to the river and also has each of them a boat landing that they use and let their neighbors use when they want to ship at their landing.

Ans. Yes, sir.

Quest. State whether or not you remember when the land above the road was mortgaged by your father. If so, was the road in dispute on the mortgaged land or was it on your father's place below the mortgage.

Ans. I understood the road to be on my father's place below the mortgage.

Objected to as not competent and as heresay. Gore (-illegible-)

All of the foregoing deposition in which witness relates heresay evidence is objected to as incompetent. Gore (-illegible-)

Cross examined

Quest. Was the road in question visible and in use at the time you moved to the Loftis place in 1881?

Ans. It was there and was used as a pass way.

Quest. Was the public ware house and ford in the river at the northern terminus of said road as they are now there when you moved there in 1881?

Ans. Yes, sir.

Quest. You say there was no ferry there when you moved there in 1881. Will you please say how long said ferry had been removed from there at that time?

Ans. I couldn't state how long.

Quest. Had there not been a ferry there previous to the time your father moved there?

Ans. I couldn't state. There might have been.

Quest. Didn't you ever hear anybody say there was a ferry there before your father moved there?

Ans. I have heard talk of other people who had --unreadable-- ferrys there, but as to the particulars I couldn't state.

Quest. Was Norris Crowder living across the river at the ferry at the time you moved there?

Ans. Yes sir, that is my recollection.

Quest. Was the ware house used and patronized by the public at the time you moved there?

Ans. It was used there by the neighbors. I don't know that anybody objected to them using it.

Quest. Was the ford across the river not used traveled when the water was low all the time you lived there?

Ans. The people forded there at low stage of water.

Quest. How old was you when you moved to the Loftis place?

Ans. I guess I was something like 18 years old. I couldn't tell without counting up. I am 39 years old now.

Quest. You say Norris Crowder told you that he was to do your ferrying for a pass way? Will you please tell where it was that Mr. Crowder told you this; when was it and who all were present.

Ans. It was when we were logging on our side of the river. I can't tell you what year it was. It was while we were crossing the river. I don't know that anyone was present except my brother James (?)

Quest. Can't you give the year this was; how long after you moved there in 1881?

Ans. I can't give the year. I don't know how long it was after we moved there. It might have been a couple of years.

Quest. Which had this conversation with you first, your father or Mr. Crowder.

Ans. My father told me the contract first.

Quest. Was there not a great deal of travel over this road while you lived there by people going to and from the ferry, ford, and ware house?

Ans. I can't say there was a great deal. People passed through then through.

Quest. Did not everybody pass through there whenever necessity demanded it?

Ans. I never knowed anybody prohibited from passing through there.

Quest. Did you ever know of your father objecting to the public using and traveling this road?

Ans. No sir, I don't know that he ever did.

Quest. Do you know anything about the lines and boundaries to the mortgaged lands if so give the boundaries to it.

Ans. I can't give it--only as I understood it--I understood from my father that the line ran with the road to a stake at the river just above the warehouse. Then up the river to Andersons line, then with that line to the Celina & Gainsboro road back down the river with the Gainsboro & Celina road to the gate. I understood that to be the boundary to that that was mortgaged.

Quest. Did you not also understand that the West boundary line ran from the Gainsboro & Celina road with a fence which at that time ran from said road to the ware house on the lower side of the ferry road.

Ans. No sir. I did not understand it that way.

Quest. All the information you have concerning the boundaries to the mortgage land was what your father told you, is it not?

Ans. Yes. I never saw the mortgage.

P. W. Loftis (signature)

wit. provis. 1 day $1.00

Item 14

Witness J. W. Hicks for J. M. Loftis being dully sworn deposes as follows

Quest. State your age, residence and are you acquainted with the road and ferry in dispute in this case.

Ans. I am 33 years old. I live in the 8th Dist. of this county. I am acquainted with said road and ferry.

Quest. How long have you known the road and ferry in dispute.

Ans. I have known it off and on for --unreadable-- years to the best of my recollection;

Quest. Is there any ferry being operated there now.

Ans. No sir, it is closed out.

Quest. Who owns the ferry bank on the north side of the river.

Ans. Ben Hix.

Quest. Describe the road from the Gainsboro & Celina road to the river and the road on the banks of the river; is said road in a passable condition for the public or not.

Ans. It is pretty bad from the Gainsboro & Celina road to the river. There is something like 50 yards that I don't think a loaded wagon could pass at all. I don't think a buggy could pass over it--next to the wire fence there is a deep gully. I suppose an empty wagon could pass over it. I wouldn't want to drive a loaded wagon over it. I notice that they don't try to pass over it with a loaded wagon. They drive out on the lower side out in the field and surround that place and back in to the road after they pass that place.

Quest. State whether or not driving out in the field damages the land by reason of it being in cultivation and soft.

Ans. I would think it would.

Quest. State whether or not you knew the road when L. S. Anderson had the Loftis land below the road in possession. If so state whether or not the said L. S. Anderson fastened up a gate or gates across the road from the Gainsboro & Celina road to the river.

Ans. Yes sir. I was acquainted with it. I reckon I went out there twice to mill. There was a stock lot or hog lot built up across the road. The gate was wired up or fastened with wire. The first time I passed through I closen the gate, the first one I came to the other one was down the ware house was below the ferry and the fence making the lot was fastened to the ware house and the two gates mentioned were across the ferry road or road leading down to the river. I am not positive whether it was the first time or the second time I passed thru that the gate was tied up with wire. Al Moss was with me and me and him fastened up the gate with wire we carried down there from the mill at the request of L. S. Anderson.

Quest. Are you acquainted with Perry Crowder the complainant in this case. If so did you hear him have a conversation with Allen Moss in regard to putting in a ferry at the place now in dispute in this case if so state what was said between them.

Ans. I am acquainted with Perry Crowder. I helped him turn his boat when he got it completed and corked and Al Moss, Dick Crowder and others were there and after we had got it turned Al Moss said Perry we will just give you this days work. We won't charge you anything but we may want to cross the river some time and Perry said all right. You are welcome to the boat any time I ain't using it. Al Moss asked Perry Crowder how about the road out through over yonder. We had turned the boat on the north side of the river and he said it--just like I told you, we will have to do that fellows ferrying free. He didn't call any names but just said that fellows.

Quest. Who was in possession of the road the south side when Perry Crowder was talking of having to do that fellows ferrying for the use of the road.

Ans. My understanding was that Fay Anderson had control of that whole place then. All that Loftis farm.

Quest. Is this a good ferry and ford.

Ans. It is about as hard a ferry as I know of and it is the roughest ford in Jackson county. You can ford most anywhere else before you can there and there are big rough rocks in the ford and it is very swift. I never did ford there but once in my life and I got out there and I said I never would any more. This was four or five years ago.

Quest. State whether or not the banks are so bad they can't be traveled with a wagon.

Ans. I don't know. There ain't any wagons crossing there now. I see no chance for wagons loaded to cross thru. The north bank is worse than the one on this side. I believe Perry Crowder set a moving wagon across there last summer and I seen him crossing thru a time or two with his own wagon going to Cookeville. I have lived in sight of it nearly three years.

Quest. Is the boat that Perry Crowder had down very --illegible--.

Ans. No sir.

Quest. Is there or ever was since you known said ferry been much ferrying at the ferry in dispute.

Ans. There is a right smart at times man on horse back of busy days down here but no wagons or buggys. The biggest thing in ferrying since I have been there is the doctors.

Quest. How far does the Drs. live from the ferry that crosses there.

Ans. Three miles I think.

Quest. Haven't nearly every farm on the river in the neighborhood of this road in dispute got a road and boat landing and a better place for a ferry than this one where they ship their freight from.

Ans. I don't know that there are any better places for a ferry than that. They are all rough up there, but nearly every farm up there along the river have roads leading to the river and have shipping places. The roads run down from the public road to the river. B. Toney has a good shipping point--good banks on both sides of the river. This is 2 1/2 miles down the river from the place in dispute. There is a public shipping point one mile above it at Marion Harris'.

Quest. Where does the people mostly ford in the bottom on the north side of the river ----illegible------ the bottom near the road in dispute.

Ans. Most of the people do their fording at Roses bar, above the place in dispute, something like three miles and a good ford. People haul across there with loaded wagons.

= Cross Examined =

Quest. 1. I see you say there is no ferry being operated at the place in question now--when did they cease to operate this ferry?

Ans. I don't think there has been anybody ferrying there since last Saturday. I put myself across there Sunday.

Quest. 2. Previous to that time and at the time defft. closed the road in question the ferry was being operated at this place was it not?

Ans. Yes sir.

Quest. 3. How long have you known of this road being used and traveled by the public?

Ans. I don't know. When I first moved there twelve years ago it was used as a ferry there a year or so and then it was stopped for several years until four or five years ago when Perry Crowder put in his boat in there. It was never used by the public only when there was a ferry there.

Quest 4. Don't you know it was used by the public when they desired to ford the river there?

Ans. I don't know as it was ever used for ford--for it was such a short time they could ford there though they sometimes crossed there on horse back.

Quest. 5. When the public forded there on horse back did they not travel the road in question?

Ans. Yes, they would have to, there was no other place they could get out.

Quest. 6. Haven't the public used and traveled said road in going to and from the ware house?

Ans. There is some shipping down there, yes sir.

Quest. 7. This road has been visible and in existence for the past twelve years, has it not?

Ans. Yes sir.

Quest. 8. Was there not considerable more crossing at this ferry and travel over this road before defft. Loftis stopped it up than has been since.

Ans. I don't know that there has. I don't think there has.

Quest. 9. You say you went out that road on one occasion when L. S. Anderson had a gate tied across the road--and you climbed it and went on through--why did you not turn back and not go through there?

Ans. Because I had started out to his mill to get some grinding done and I wanted to get out to the big road. I crossed over and went on out the road.

Quest. 10. Didn't you know you did not have any right to travel that road?

Ans. No sir, I didn't know.

Quest. 11. Do you think you had a right to travel it?

Ans. Yes sir, I never heard no objections.

Quest. 12. Then you traveled it as a matter of right, did you?

Ans. I had a right to go to the mill. I thought I had a right to. I never heard no kicking.

Quest. 13. Did every body travel it as you did and as a matter of right.

Ans. As far as I know they did.

Quest. 14. How long has the road from the Gainsboro & Celina road to the river been in such a condition that a load wagon or buggy cannot travel over it.

Ans. I don't know. I haven't been used to that road much lately. I hardly ever crossed there and didn't travel it much. I crossed there once last summer and went through there horse back and went back the same way but I didn't notice the road particularly.

Quest. 15. You speak of Anderson having a stock yard on the road. Was that stock yard not just on top the river ---illegible---- at the ware house?

Ans. Yes sir.

Quest. 16. Now say if he didn't have the stock yard fenced all around except where the road runs through it and to put the two gates across the road completes the enclosure so as to hold stock?

Ans. Yes sir. The entire fence around the lot was made out of pannels except the wire fence where he put the gates across the road completed the enclosure.

Quest. 17. Did Anderson permit these gates to stay across the road all the time, or would he put them there when he had stock in the pen to ship on the boat and then remove them after the stock was out?

Ans. I don't know whether he permitted the gates to stay across there all the time or not. There was no stock in there the time I passed thru. One of the gates was down then and he asked me and Al Moss to take wire and fasten it up. He said people passing through there leave the gates down and he couldn't keep them up.

Quest. 18. You say you don't know whether Anderson permitted the gates to stay across the road all the time or not. Now don't you know it to be the truth that he did not keep these gates across this road all the time and that you have passed out this road a number of times when these gates were not across the road. How many times did you pass over this road while Anderson had the Loftis land in his possession?

Ans. I crossed thru once or twice when the gates were across there. I never passed through then a great deal. I have passed there when the pannels were laid out to our side. I don't know how many times I passed through while Anderson had the place in his possession for I don't know how long he had the place in possession. There wasn't any ferry boat there when I crossed thru going to mill I crossed in my own canoe.

Quest. 19. Thus if you passed through there when the gates were not across the road why did you not say in answer to Question 17 "I don't know whether he permitted the gates to stay across the road all the time or not." Why didn't you say that the gates did not stay across the road all the time as you stated in Question 18?

Ans. When I passed thru when the gates were across the road there wasn't any ferry there and when I passed thru when the gates were not across the road there was a ferry there. I have no reason for not stating in my answer to Question 17 what I stated in answer to Question 18 only I didn't exactly understand the question.

Quest. 20. Do you not sympathize with defendants in this case and are you not very anxious for them to succeed in this law suit.

Ans. No sir. I don't care which way it goes. We need a road thru some time.

Quest. 21. What do you need a road there for. What benefit would it be for the people?

Ans. I don't know that it would be any more there than any where else. People wanted to go to the river once and a while and they want a road.

Quest. 22. Whose land do you live on--and who did you rent from?

Ans. I can't tell you whose land I live on. I rented from J. M. Loftis. I live on the Loftis land.

Quest. 23. You state on original examination that this "is the roughest ford in Jackson County." Have you crossed at all the fords in Jackson County. Don't you think this statement is a little extravagant for a disinterested witness--who don't care who wins this law suit?

Objected to because argumentative.

Johnson, Sol.

Ans. It is the roughest ford I ever crossed. I haven't crossed all the fords there are in the county I don't suppose. I don't know how many there are in the county. I don't think my statement is extravagant.

Quest. 24. Didn't you tell me (John Gore) yesterday that Perry ought never have brought this law suit?

Ans. I said to you that if there wasn't more pay in a ferry than there was in that I never have brought a law suit.

Quest. 25. You have seen loaded wagons and buggies ferried at this ferry in time (at times?) haven't you?

Ans. Yes. I have seen a few loaded wagons cross there in time (at times?).

Quest. 26. You say the boat Crowder had there was no account. Was it not a good boat when he first put it in there?

Ans. Yes. It was a good boat when he put it in there but it ain't now.

Quest. 27. You say "Nearly every farm up there along the river have roads leading to the river and have shipping places." Now say if there is a ware house from the Mouth of Roaring River to Meigsville--except the warehouse at the ferry and boat landing in question--how far is it from the ware house to Meigsville and to Roaring River?

Ans. There is no ware house there now. I am living in the house that was a ware house. There is not a ware house between Roaring River and Meigsville. There was one at Spivey's several years ago. It is called one mile up to Meigsville from the ferry in litigation and it is four miles or so down to Roaring River.

Quest. 28. When was the ware house in question converted into a residence and who converted it into a residence.

Ans. Some time last Decr. I done it--by the direction of J. M. Loftis.

Quest. 29. Don't you know there is not a road running from the Gainsboro & Celina road to the river on the farm of Bill Lynch which is the next farm to the Loftis farm on the West--nor on the farms of S. G. Anderson and Scout Hall, just east of the Loftis land?

Ans. I don't know whether there is one at Scout Hall's or not. I think there used to be. I don't know that there is one at the Lynch farm but I have seen them driving wagons down to the river on that farm.

Redirect

Quest. State whether or not L. S. Anderson had a lot of panells of fence made out of plank and wired up together to posts to make a fence and fenced a stock lot across the road and what passing there was --illegible-- out in the field of the Loftis place while he had it fenced up.

Ans. I don't know. I was only there twice as I reckolict of and I was going to mill at the time I was there there was some pannels wired together making a kind of lot across the road as I have heretofore stated about. There was a lane running out to a slue is the best of my recollection and I am satisfied there was a gate at the end of that lane but I can't state positive. It was one hundred or one hundred fifty yards out to that place up the river. I went through Andersons pasture to the mill but if there was any road through there I have no reckalection of it.

Quest. Was there any roof on the old walls of the ware house when you commenced to fix it to move in it and did you put up an other house; before moving there and was there any ware house there sufficient to protect property to be shipped.

Ans. There wasn't any top on the old ware house when I went there, no boards nor sign of boards about there. I built an --illegible-- house there before I moved there and put some new logs in the old ware house and covered it--and made a kitchen of it.

his

J. W. X Hix

mark

test. W. M. Gailbreath C.& M.

wit. provis. 2 days $2.00

Witness Jonas Spivey for Defft. J. M. Loftis being dully sworn as follows

Quest. State your age, residence and are you acquainted with the road and ferry involved in this case and how clost (sic) you do live to the road and ferry and how long have you lived in the neighborhood of said road and ferry.

Ans. I am 54 years old. I live in the 8th dist. of this county. I am acquainted with the road and ferry mentioned in the question. I live about half mile from there. I have lived there in the neighborhood for about nineteen years.

Quest. Do you live on the north side of the river?

Ans. Yes.

Quest. Do you have a publick road from your place and also from the bottom on the north side of said river to Jennings Creek where Doctors and mills are and churches--all kind of country conveniences are.

Ans. Yes.

Quest. How far is it to a mill and a Doctor on Jennings Creek from this bottom.

Ans. It is about three miles to a doctor and it ain't that far to the mill.

Quest. Isn't there a publick road on the south side of the river to both doctors and mills.

Ans. Yes. There is a public road on the South side of the river and both doctors and mills.

Quest. Isn't there roads leading to the river and shipping places that is steam boats landings on nearly every farm in the neighborhood where this road and ferry is and those who haven't a landing could have one by clearing the timber off of the bank of the river.

Ans. Yes. I think most of the farms along the river up there have roads leading down to the river, and those who haven't roads and boat landings could have them by clearing the timber off the banks of the river.

Quest. State whether or not the ford at the place where the road comes to the river is a deep and ruff ford and can't be forded safe at scarcely any time.

Ans. It is a rough deep ford. I don't know about it being dangerous. I never did ford it. I have seen people ford it.

Quest. Did you regard it unsafe the reason you did not want to ford it and had it been a good smooth ford would you have forded it during the 19 years you have lived so close to the ford.

Objected to because leading and incompetent.

Gore, sol.

Ans. I don't know if I had had any business I might have forded it.

Quest. Do you claim that you have any right in the road in dispute as one of the publick.

Objected because not competent.

Gore, sol.

Ans. No sir.

Quest. Do you claim that you have any more right to pass on this road in dispute than you would have to pass over Col. (?) Spiveys road that goes to the river just below this road.

Objected to as incompetent.

Gore, sol.

Ans. No sir.

Quest. State whether or not it would damage the value of the Loftis place to give the public this road without a right to control said road.

Ans. Of course it would damage any farm to have a road on it.

Quest. State whether or not the banks are very steep where the road comes to the river, too steep for buggies and wagons.

Objected to because leading.

Gore, sol.

Objections sustained and --unreadable-- and granted.

W. M. Gailbreath, C. & M.

Ans. The banks are very steep on this side but they have crossed there with wagons and buggies.

Quest. State whether or not you heard a conversation with Perry Crowder and All. Moss relative to the ferry and road in dispute in this case if so state when it was and what was said between them.

Ans. Yes I heard a conversation between them. The conversation occurred when Perry was building that boat some six or seven years ago. I don't know exactly how long. Moss asked Perry what about the road and Perry said, as well as I recollect, "the road is all right." That was all that was said that I now reckolect (sic.) I don't know what they had been talking about before that was said. I don't know what arrangements was had before but that was all that was said there.

Quest. Did you understand from this talk that there had been a question about them getting a road thru the Loftis --illegible--.

Objection as not competent.

Gore, sol.

Ans. Yes. I had understood that there was something said about that but I don't know what.

Quest. To refresh your recollection, didn't Perry Crowder tell Moss in said conversation that he was to do that fellows ferrying to get the road?

Ans. I don't think he did there.

Quest. What was you and Moss and Crowder doing when you heard the conversation and did you hear all their talk in regard to the road.

Ans. We had finished corking the boat that day and put it in the river and I heard all that was said there that day I reckon and I might have heard more than I recollected. There might have been something said that I didn't pay any attention to.

Cross Examined

Quest. 1. You have traveled and used this road in question ever since you have lived in the neighborhood at any and all times you desired to haven't you and did you ever hear any objection to the public using and traveling this road until J. M. Loftis stopped it up in 1904?

Ans. Yes. I traveled and used the road when ever I wanted to and never heard any objection from any one.

Quest. Why and how did you travel this road as a matter of right and because you wanted to, or did you ask and obtain permission of the owners of the Loftis land to travel it?

Ans. When I wanted it--I done so because other people did. I never asked permission from any. I never traveled it a great deal.

Quest. Did you not understand and consider that you had a right to use and travel said road--because other people and the public generally used and traveled it.

Ans. I didn't know whether any body had a right to travel it or not; but I never heard of anyone objecting to its being traveled, and when I wanted to travel it--or had any business to I just traveled it.

Redirect

Quest. Would you have traveled said road had you understood it was not agreeable with the person owning the road.

Ans. I guess not if they had objected to it--of course I would not. I would have went some other way.

Quest. If you owned the Loftis land would you be willing to give said road to the publick without any right or say so about how it was to be used.

Objected to because not competent.

Gore, sol.

Ans. No sir.

Quest. Wouldn't said road damage said place to allow the publick to use it as they seen fit.

Ans. I suppose it would damage any place to --illegible-- a road through it. Of course it would damage the farm.

Quest. When you was using said road didn't you understand that you was using said road by implied consent of the land owner and not by any right you had in said road.

Ans. Of course I didn't claim any right in it. I just went through that is all I know how to answer that. I didn't understand any thing about it. I never thought anything about it until this law suit came up.

Quest. The road was never worked or kept up in any way by the public was it.

Ans. No sir. If it was I don't know it.

= Re examined =

Quest. Please say what you mean in answer to Mr. Johnsons question when you say "I didn't claim any right in it."

Ans. I just meant that I didn't have any right in it--I didn't own nothing over there.

Quest. Did you not always use said road at will as you always used all other public roads without question or interference?

Ans. Yes sir.

Quest. How far is it from Crowders ferry over the hill and down Jennings Creek to Gainsboro?

Ans. I don't know. I reckon it is between seven and eight miles.

Redirect

Quest. You didn't mean to state in answer to Mr. Gores question that this road across the bottom was a publick road did you.

Ans. No sir. I didn't know how it was.

Jonas Spivy (signature)

Witness Ben Hicks for defft. J. M. Loftis being dully sworn deposes as follows.

Quest. What is your age, residence and do you live at the ferry and road in dispute in this case and did you buy the land at this ferry from complainant Perry Crowder.

Ans. I am about 38 years old. I live at the ferry involved in this litigation. I bought the land from Perry Crowder in last Sept.

Quest. What is the condition of the banks and road in dispute in this case and are they in condition for the public to use as a road.

Ans. The banks are in pretty bad shape and the road is not in very good shape I don't think. I would think the banks would have to be fixed before they could be traveled with wagons and buggys. They can travel horse back.

Quest. Do you claim any rights in the road and bank on the south side of said river.

Ans. No sir.

Quest. Is there any publick ferry kept at said place now if not why not.

Ans. No, there ain't any ferry kept there now. One reason is it is more trouble than benefit. Then another thing is the boat is old and rotten and I don't think it is safe.

Quest. Is there or not roads and boat landings to nearly every farm in the neighborhood and publick roads on both sides of the river to Docktors, mills and stores.

Ans. Yes. Nearly every man who has a farm has a pass way to the river and there are doctors, mills and stores and public roads on both sides of the river.

Quest. State whether or not Perry Crowder has a ferry at his place and a convenient place to cross the river; some --illegible-- from where you live.

Ans. I couldn't tell you about what kind of a ferry he has got though he said he had a ferry up there. I never was there but once in my life.

Quest. State whether or not the ford at the place where the road is in dispute is a deep and rough ford.

Ans. It is tolerably rough on this side and there is some rock in there and the other side is deep.

Quest. State whether or not the publick is now using the field for a road instead of traveling the road on account of the road being rough or a gully in it.

Ans. I couldn't tell you. There is a place out below the road which looks like they have been traveling there but there ain't any traveling there now. Much. No public traveling there now.

Quest. When you traveled said road did you travel it by an understanding that there was an implied consent by the land owner or reason of a right in the road.

Objected to because leading.

Gore, sol.

Objection over ruled and --illegible-- and granted.

W. M. Gailbreath C. & M.

Ans. I have not traveled it but a very few times. I don't have any right in said road. Don't claim any. I didn't buy anything on this side of the river.

Quest. State whether or not you claim any right in said road by reason of being one of the public.

Objected to because not competent.

Gore, sol.

Ans. No. I don't claim any right in that road.

Quest. State whether or not there is a wagon now or was a few days ago setting in the field on the Loftis place that was left there by L. S. Anderson hauling to said shipping place, and below the road.

Ans. I saw a wagon setting over there somewhere. I didn't pay any attention and I don't know exactly when it was. I don't know whose it was nor who left it there.

Quest. State whether or not a road where the one in dispute is damages the Loftis place by letting the publick have it and use it as they seen fit without the right of the land owner to close it up if he desired.

Ans. I don't hardly know. Of course if they were to stay in the road it would not damage it much. But if they were to get out on the lower side and drive over the land it would damage it.

Quest. State whether or not there is a road below the main road that has been traveled now.

Ans. There is a way below the old road that somebody has been traveling some. I don't know who it was. I saw somebody hauling wood from down under the bank down in there. I don't know who it was nor whether he traveled the old road or the one below.

Quest. State whether or not Perry Crowder or L. S. Anderson or both of them has tried to get you to make yourself a party to this suit and contend for the road in dispute.

Ans. No. They never said anything to me about it. They never did mention the road to me nor Perry never did try to get me to take it. I told Perry I wasn't going to have anything to do with the road.

Cross examined

Quest. 1. Please say if you didn't say to Perry Crowder that you did want a road through there on the South side of the river, but that you would not have anything to do with this law suit?

Ans. I told Perry I would like to have a pass way through there so I could pass it whenever I got ready but I told him I wasn't going to have any thing to do with this side of the river, that I wasn't going to have any trouble any way. That I hadn't bought any thing on this side of the river.

Quest. 2. Have you got any agreement or understanding with the defendants to the law suit or any of the owners of the Loftis land--by which they give you a pass way through there. Have you ever had any such consideration with any one.

Ans. No sir. None at all. I never have said anything to anybody about a pass.

Quest. 3. Have you got any agreement with any person to the effect that you will be permitted to pass through yourself?

Ans. No sir.

Quest. 4. Would it not enhance the value of your farm to have a road through there and do you not want a road through there.

Ans. I don't know whether it would make it any more valuable or not. It wouldn't unless it was more public than it is now. I wouldn't give any more for it. It is like I told Perry I would like to have a pass way through there. I could go out above or below either if the wouldn't let me go out through there (sic.) I hardly ever go out through there any way.

Quest. 5. Could you go out above or below without traveling over other lands below--going to other peoples over which you have no right to travel--if so where and how could you get out?

Ans. I could go out thru at Sugar Creek a public haul way, and down below at Parm Spiveys there is a public pass way out to the mill that every body travels back and forward to mill.

Quest. 6. Are these pass ways kept up by the public. If not why do you call them public pass ways?

Ans. They are not kept up by the public. Because the public pass from the river up to the mill at Spiveys and from the river up to the store at Harris at Sugar Creek is why I call them public and every body passes there that want to.

Quest. 7. Then if the roads at Sugar Creek and Spiveys Mill are public pass ways because the public travel them when they want to, does not the public use and travel the road in question whenever they want to--and is it therefore not also a public passway?

Ans. They have been traveling it ever since I have known it--like they have these others, but it has never been kept up by the public that I know of. It has been a public passway I reckon.

Quest. 8. How have you traveled in coming to town, since you have lived at the ferry, when you come horseback?

Ans. I came across there and out through the road in question for the last month or so. I came across there twice I believe since I moved there to come to town.

Quest 9. Haven't you traveled the road off and on for the past several years, since you have lived on the North side of the river?

Ans. There was a long time that I never crossed there. I crossed there a time or two when Perry lived there. When I lived up on --illegible-- I never did cross there. About a year when I lived there above the ferry that I never crossed there. I have crossed there off and on, when I wanted to.

Quest. How did you travel said road--as a matter of right and just because you wanted to or did you ask and obtain permission of any person to travel over the road?

Ans. I never asked permission of any one. I reckon I traveled it as a matter of right.

Quest. Did you ever hear of any body objecting to the public using said road just as they saw fit and necessity demanded?

Ans. If I ever did I don't reckalict it.

Quest. When did you cease to run and operate a ferry at the Crowder ferry?

Ans. I can't tell you. I haven't done but very little since I have been there. There was a notice put up at the Gainsboro & Celina road last week. I didn't want the people to be bothered coming down to the river.

Re direct

Quest. You don't claim any right in the road in dispute do you.

Ans. No.

Quest. Then when you answered Mr. Gore's question that you traveled said road as a matter of right you didn't understand the question did you.

Ans. I didn't understand the question. It was there and I just went out through there just like every body else.

Quest. When you traveled the road threw Spiveys place you didn't obtain any permission from him did you but traveled as you did the one over the Loftis place.

Ans. I traveled both just the same.

Re direct

Quest. Did you not travel the road in question with the same --illegible-- and rights you traveled any other road in the neighborhood--without asking permission or consent of any person?

Ans. I reckon so. I just traveled it--just as same as I did any other.

his

Benjamin X Hix

mark

test. W. M. Gailbreath C. & M.

wit. provis 1 day 1.00 & 2 ferriages 20 cents

Witness Allin Moss for defft. J. M. Loftis being dully sworn deposes as follows

Quest. Where do you live, how clost to the road in dispute; how long have you known said road.

Ans. I live on Locks branch in 8th dist.--and I suppose it is 3/4 of a mile from the road in dispute--I have known said road for 35 years.

Quest. State whether or not you and Perry Crowder was once putting in a ferry at the place in dispute; state your and Perrys agreement and your and his conversation relative to getting a road threw the bottom of the Loftis place.

Ans. We talked of putting in a ferry there. Just before he put in the last boat there. He was to furnish everything and I was to run the ferry. He was to furnish all the material and I was to build the boat and we were to be equal partners in the receipts of the ferry. That was the proposition Perry made. He told me we would have to do Fays ferrying if we done that. That is for the road or conveyance through there if we put up the ferry. I told him to see Fay and see the best he would do and I would study about it a while and I would see him another time and we would talk it over. When I saw him again he said he had saw Fay, and we would have to do Fays ferrying if we got the road and I told him I didn't want any of that, that my father had some of that at one time and I would decline to take hold of anything of that kind again.

Quest. When did your father run the ferry at this place now in dispute and under what conditions did he operate said ferry relative to getting a road where the road is now in dispute.

Ans. It was in 72 & 3--or 73 & 4. I think it was part of two years. My understanding from both my father and Mr. Kirkpatrick was that my father was to do Mr. Kirks ferrying free for the road through there, and he did do Mr. Kirks ferrying free of charge and my father was to take his boat out when he quit the ferry and left there.

Quest. Did Mr. Kirkpatrick then own the Loftis land?

Ans. Yes sir.

Quest. State what you know about L. S. Anderson fencing up said road in dispute if you know anything how it was fenced it at all.

Ans. I don't know who fenced it up but I saw the fence. There was a lot there with two gates across the road. I didn't pay much attention, but there was a lot and I crossed the fence several times or went through next to the ware house, there was some wire and pannels in the fence.

Quest. State whether or not the lot or fence was built out of pannells and two of them crossed the road in question in this case and did not the people go around the lot on the Loftis place while this lot was there.

Ans. There was a lot made there and there was two gates or pannels across the road. I can't fix it that they went around the fence. They might have done it but I don't see how they could hardly have done it.

Quest. Didn't you climb over the first pannell at the top of the bank and then go threw a pannell on the right of the road, leaving the pannell across the road.

Ans. I climbed over a pannel at the right of the first gate and went through the lot and climbed over a pannel at the right of the other gate into a road below the old road.

Fay Anderson was in possession and control of the Loftis land at that time as I understood it. One time I was at Fays mill and he asked me if his gates to this lot were open and I told him one of them were open and he cursed and said something about some body leaving his gates open and when I got ready to start he asked me if I would take some wire and fasten his gates and I told him I would and he got me the wire. I don't remember whether I took the wire or Son (?) Hix. We were both along and I remember we wired up the gate or fastened it up. I don't remember how they were fastened where they were hung, whether there were hinges or wire but where they opened they were fastened with wire.

The ford there I take it to be the roughest ford I know of. The water has to be extremely low before you can go low enough down to get below the rough rock in the river.

There has been times when there was no ferry kept there. Perhaps or a year and a half. I don't know exactly the times. There was once a ferry just below this one. It is hardly a fourth of a mile below. I don't know how long it was in there nor when it was. It was a right smart while it seems to me. The banks are very bad at the ferry in question and the road is pretty rough leading out to the Gainsboro road. It is almost impassable for wagons and buggys and the banks are not only that way now but have always been that way.

I notice a road below the main road --illegible-- from river to Gainsboro road and on the Loftis side. I suppose it has been made by people traveling it--on account of the main road being in such bad condition.

The ware house had gone down and hardly any roof on it--none that was any account.

Most of the farms along the river there have roads leading to the river and boat landings.

There are public roads on both sides of the river that lead to stores, docktors and mills.

I do not claim to have any rights to that road in dispute across the bottom. My understanding has been all along that the road belonged to the man who owned the land. I understood that the road was granted by permission.

Cross examined

No body ever objected to me traveling that road. I don't remember ever have heard of anyone objecting to any body traveling said road. I never asked any bodys permission to travel that road. I don't know as I ever heard of anyone asking permission to travel it.

What I meant by the expression that the road was granted by permission was the contract my father had with Mr. Kirkpatrick about the ferry road and I was helping Mr. Loftis pull fodder and we were sitting by the road there and the subject got up some way and Mr. Loftis said that Norris Crowder done his ferrying for the use of the road.

There was a road there at the time my father kept the ferry there in 1872 and 3 but I don't know anything about people traveling it before that time. There was part of the time when I was traveling that road I didn't feel right about having a right to travel it, that was of late since this obstruction was there and this law suit got up and part of the time I wouldn't have gone there but I was going to Fays mill. I don't know as I ever felt bad about going through there before the controversy. There was a ferry there before, when I crossed and traveled there and I felt that I had a right under the circumstances before the obstruction and when there wasn't any ferry there I don't think I traveled this road any. I crossed low down the river because it was handyer, if I had had any business out through that way I guess I would have gone through. I would think if a man owned land he could grant permission to go through his land. My understanding to make a road public, it would have to be kept up by order of the court or by permission of the owner. I don't know anything about adverse user dedication or prescription.

When me and my father run that ferry there was a right smart traveling and crossing there but of course not so much as there would be now. Sometimes we kept the banks and road so they made out to pass through but they were always bad and steep. We kept the road out thru in good shape.

The place below the main road running to the river where people have left the old road and traveling down below it runs right along parallel with the old road--there is a mud hole in the old road and I went around down that way because I thought it was the best road.

There has been freight put off there but my judgement is, it was mostly for the men who owned the land. I don't remember about freight being put off there for other people. I never noticed about freight being put off there for other people. There might have been a great deal of freight shipped from there but I don't know it.

My judgement is that, that is Fay Andersons shipping point all together. He ships a right smart ever season. I don't know that in 1880 everybody shipped their goods to and from that point. I don't remember whether that ware house was there when my father kept the ferry or not. We lived right about where --illegible-- houses are now where Ben Hix lives. We lived on Albert Kirkpatricks land. We rented from him. Steam boats landed on the south side of the river at that time. I don't know how about it being public. There has been a ford there ever since I have known it. I have heard it said that the Indians put that rock in there to make a walk way across the river. That is it has been talked by some as though they believed that to be how they came to be in there. The ditch up in the field where the mud hole is in the road filled up, but I don't know who permitted it to be done.

Redirect

I was at Norris Crowders on one occasion, and Norris Crowder went out on the porch and heard Hick P. Loftis roaring and charging about Jeff Carlisle not putting him across the river and Norris told him he ought to have put him over that, that was the contract. Jeff Carlisle was a boy staying there with Crowder at that time. If the public had a right to that road through the field to do as they pleased with it I would think it would damage the Loftis farm. If I owned that farm I wouldn't give the public a road thru there without a right to stop it.

Re X X

I do not own any land. I never did own any land.

If the traveling public would stay in the road and keep the gates up I don't know that it would damage it--only the road.

All I remember who were present when the conversation occurred when Jeff Carlisle and Norris Crowder were them two, myself and Mrs. Crowder. Norris told Jeff that the next time Hick Loftis came back and wanted over that he must set him over, that Uncle Hick was mad but that he would see him in town and give him a dram and fix it up all right and that they would be friends. He might have said something else but that is all I remember. This was in 1885 or 1886. I don't remember which.

A. J. Moss (signature)

wit. 1 day 1.00, 2 ferriages 20 cents

Witness William Loftis for defft. J. M. Loftis being dully sworn deposes as follows

Quest. State your age, residence and are you acquainted with the road involved in this case. If so how long have you known the road.

Ans. I am 67 years old. I live up here in the 15th Dist. I have traveled the road a few times. I never was up and down there often. I have known it 30 years.

Quest. State whether or not the Kirkpatrick farm where the road in dispute was while Kirkpatrick owned it was a very fine Cumberland river farm, and the road in dispute goes right threw the middle of the river bottom.

Ans. Yes Sir. That was a very fine River farm when Kirkpatrick owned it. The road runs right down through the bottom at or near the middle.

Quest. State whether or not said road to belong to the publick giving the publick a right to use it as a publick road and depriving the land owner of the right to cut the publick off in case the land owner wanted to would or not it damage said farm greatly.

Ans. Of course it would damage it some.

Quest. State whether or not if you owned said Kirkpatrick farm you would be willing to give the publick the road without the right to control said road.

Ans. I don't believe I would.

Quest. State whether or not most any farm on the river in the neighborhood where the road is in dispute has boat landings and roads threw their farm from the publick road to the river.

Ans. All that I know any thing about have boat landings where they ship their stuff and permit their neighbors to ship from there if they want to.

= Cross Examined =

Quest. 1. How long have you known the road in question.

Ans. I went across there in about 1860, that is I crossed the river there with some hogs but I can't say about how that road was then.

Quest. 2. How long have you lived in that neighborhood?

Ans. About 26 years.

Quest. 3. Have you traveled the road in question since you have lived there?

Ans. Yes Sir. I have traveled it a time or two.

Quest. 4. Have you not also seen the public traveling and using said road for the past 30 years?

Ans. I have seen people passing in and out thru there when I would be passing. I couldn't say often.

Quest. 5. Did you and the public not use and travel said road as a matter of right & just as you traveled other roads in the country. Did you ever hear any objection to the public using said road?

Ans. I just went in there and went across and came in from the other side and came across that is the way I done. I never heard of any one objecting to any body going through there.

Quest. 6. Please say if the ware house at the Crowder ferry was not once used and patronized by the neighborhood and was not there a great deal of freight shipped to and from said steamboat landing?

Ans. The boats landed there and there was some shipping done from there. I never was there when there was shipping done and I can't say about who shipped stuff from there.

Wm. Loftis (signature)

Witness F. M. Crowder for defft. J. M. Loftis being dully sworn deposes as follows

Quest. State your age, residence and are you acquainted with the road and ferry in dispute in this case.

Ans. I am 34 years old. I live one mile below Whitleyville in this County. I know a right smart about the road and ferry involved in this litigation. I have traveled it a great deal.

Quest. Did you once live at the ferry in dispute in this case.

Ans. Yes Sir. I lived in about half mile of the ferry. (sic.)

Quest. How long did you live in 1/2 mile of the ferry?

Ans. About a year and a half or more, some where along there.

Quest. How long was the boat out while you lived their.

Ans. If there ever was any ferrying done there I never saw it. There was an old boat there sunk under the water part of the time. I passed thru often.

Quest. When was this that the boat was sunk.

Ans. It has been seven and eight years ago that I lived there and that boat was traded off when I left there.

Quest. Was there a publick ferry kept at this ferry in dispute at the time you lived their just spoken of.

Ans. No Sir. I don't think there was any public ferry kept there at all. That old boat was sunk off and on and if there was any ferrying done there I didn't know it. I didn't put any body across there. If any body else did I never knew it.

Quest. Was there any public road running from the place where the ferry once was to the Gainsboro & Celina road while you lived two years at the ferry.

Ans. If there was a public road thru there I didn't know it. There was a road there through the bottom. Sometimes once a week and maybe a month someone would go through there.

Quest. How was the banks of the river since you have known the ferry. Have they been good or not during this time.

Ans. They have not been good.

Quest. What kind of a ford is there at the place of dispute. Is it deep and rough or otherwise.

Ans. It is the roughest ford I think I ever saw and deep and big rough rock in it.

Quest. State whether or not the people who live clost to said ferry & ford goes to Pans (?) bar (?) to ford the river in preference to fording at the place in dispute.

Ans. I think that is the understanding that they go to Pans (?) bar (?) or come down to the ferry and cross on account of the ford there being rough and deep.

Quest. How much further is it to come to Gainsboro by coming down Jennings Creek to the Gainsboro ferry and this crossing than it is for the people who live in the bottom to cross at the ferry in dispute and then come to Gainsboro.

Ans. It is about two miles further to come down Jennings Creek and cross.

Quest. Isn't this publick road from the bottom to where there are mills and Doctors & Grave yards, stores & churches for many the bottom near the ferry in dispute? (sic.)

Ans. Yes Sir.

Quest. Hasn't the farms in the neighborhood of this disputed road on the river got roads & boat landings where they ship their freight & the neighbors ship at almost every farm in the settlement?

Ans. Yes Sir.

Quest. Did you as one of the publick claim any rights in the road in dispute & did you ever think you had a right to travel said road had the land owner opposed you to traveling it.

Ans. I didn't think I had any right to travel said road. I don't know as I would have traveled it if the owner of the land had opposed it.

Quest. Did you understand said road in dispute to belong to the land owner who owned the Kirkpatrick lands, or did you understand that the road belonged to the publick since you have known it.

Ans. I just understood that it belonged to the man who owned the land. I understood that it was his road.

Quest. State whether or not you ever heard Perry Crowder say anything about paying anything for the use of the road in dispute. If so, go on and tell what he said.

Ans. I heard Perry Crowder say when he was getting the timber to make his boat that the had made arrangements with Fay Anderson to do all his ferrying to get a pass way out through the field from the ferry.

Cross Examined

Quest. Did you ever see the Steam Boats land there at Bloomfield landing and put off or take on freight of any kind?

Ans. Yes Sir.

Quest. Who did this freight belong to & how did they haul it to and from said landing?

Ans. I couldn't tell you who it belong to. I have seen Fay put hogs there that were shipped and I have seen them haul freight out that road through the field. I supposed it belonged to the land owner.

Quest. Why do you suppose the freight belonged to the land owner. Who was the land owner at that time?

Ans. Fay claimed it--he lived over there what time I lived over there. He run it. I saw him shipping hogs there and having freight put off there and I supposed it belonged to him. It might have been some one elses I don't know.

Quest. I see you say the road is not public. What do you understand it takes to constitute a public road?

Ans. Public worked, and kept up by the public.

Quest. Do you mean to swear that this road was never traveled except once a week or once a month?

Ans. That is all I ever saw. There might have three or four passed thru every day but I didn't see them.

Quest. Did you pay attention to see how often or how many people traveled that road?

Ans. No Sir.

Quest. Will you please tell why and under what color of right you traveled this road?

Ans. I was just passing and just happened to go through there. It was handy and a near way across there to the public road and I traveled it because I wanted to. I never asked any bodys permission.

F. M. Crowder (signature)

wit. provis. 1 day & 2 ferriages $1.20

Item 15

Perry Crowder VS J. M. Loftis et. al., In Chancery at Gainsboro

Summation of case by John J. Gore, Sol.

J. M. Loftis sold the land referred to in this suit to Mr. Johnson on 15 Aug. 1905.

"After the pleadings were made" Perry Crowder sold his land to Ben Hix.

The land in question over which the road in question runs, originally belonged to one James Hall; he sold it to Henry Crowder; Crowder sold it to Settle and Kinnard;

Settle and Kinnard sold it to Albert Kirkpatrick and Kirkpatrick sold it in Feb. 1881 to Hick P. Loftis, father of defendant J. M. Loftis.

The depositions of the oldest and most respectable citizens in the community will be found in the record, and they all, without exception, say that the road has been used and traveled by the public, as a public highway and as a matter of right, without hinderence, objection or molestation from any source, continuously and consecutively from the year 1835 till the time defendant, Loftis, obstructed it a short time before the bill was filed.

William Harris: 81 years old, lived within one mile of road since 1834, have known the road since 1835. It was established, visible and traveled by the public when I first knew it. Henry Crowder owned the lands in 1835. He sold to Kinnaird & Settle, and they to Albert Kirkpatrick. Never heard any objections to public so using it until deft. objected. Been a public ford there ever since I knew the place. Crowder owned the land 8 or 10 years before he sold it to K. & S. Been a ferry and steam boat landing there since I knew the place. The road is a great convenience to the public. Centrally located. Some freight shipped to and from there during Crowder and Kirks time. I used it at will without permission, as I wanted to.

James Hall: 71 years old, lived within one mile of road all my life. James Hall, Henry Crowder and Albert Kirkpatrick have owned the land. The road was used and traveled as a public road when Crowder and Kirk owned the land. Don't remember it when James Hall owned it. Never heard of any former owners objecting to public using said road. Was well acquainted and on intimate terms with Crowder and Kirkpatrick. Road now runs where it has always run. Public traveled and used road continuously since I have known it. Ford, ferry and ware house there a long time, ford and ferry before war. No body got permission, traveled it as a matter of right. Everybody traveled the road that wanted to. Kirkpatrick had a ferry run there while he owned the land. No other way people living on the north side of the river can get to Gainsboro, their voting precinct, church or grave yard, with stock or any kind of farm machinery or vehicles. Ferry been run almost continuously. No other road to and from said ferry, everybody always traveled this road. The public used the ware house; Kirkpatrick built it though. The road has been used by the public at any and all times necessity demanded.

Frank Bailey: 65 years old, lived near road all my life, known it all my life. If road ever been changed from present location I don't remember it. Henry Crowder (my grandfather) owned land on south side when I first remember. He lived where deft. Loftis now lives then. My uncle Phillipp Crowder then owned the land on the north side river. First ferry established there about 1856 or 7. Been a ferry there all time since then except 2 or 3 years. Been a public ford in river there ever since I can remember, there now been steam boat landing there since I can remember. Both sides river Albert Kirk first established ferry; he owned both sides then. No road or pass way to river on south side except one in dispute. I run ferry for Harvey Crowder in 1865-6; he had it rented from Kirkpatrick. The public and everybody always used and traveled the road just as they pleased until this lawsuit come up. Never heard of former owners objecting to public using it. Citizens on north side crossed at this ford and ferry in going to Gainsboro, church, and voting precinct. The ferryman kept the road worked out. Land level; it took no or but little work to keep road up. The road recognized as a public road free to everybody so far as I ever heard until this suit come up. Steam boats put off freight for every body; they went and got it. The ford and ferry were public so far as I ever knew. The obstructions prevented the use of the road. The landing and ford was used while the ferry was out. Ferry boat and canoe kept there. All kinds of traffic crossed there. Loftis and all former owners of his land knew of the use of the road. My understanding was that it was a public road. Harvey Crowder was to do Kirk's ferrying and give him $50 for the ferry and land; nothing was said about the road. Ferry and road centrally located, handiest I know of. It would greatly damage and inconvenience the public to annul said road, ferry and ford. The people always depended on a road there; it would be a great inconvenience to them to annul the road; it would me.

Marion Harris: 58 years old, known the road all my life, live within 1 mile. Road been used and traveled by the public at will and as a matter of right by any body and every body ever since I have known it. Never heard any objections to the use of the road from anyone. Freight shipped there all along the line and road used in hauling it. Public ford there; I used to ford there when little boy going to mill. Ferry there almost all time since I can remember. Frequently traveled by drummers and every body else prior to obst. Road centrally located; handy to everybody. Six or eight miles nearer to Jennings Creek this way than any other. As good banks and road as in county. Vessels kept there to cross in when ferry at Speakmans.

B.C. Spivey: 49 years old. Known road all my life. The road has been used and traveled by the public ever since I knew it. Always used and traveled at will by everybody; no objections. Been traveled so long become public necessity. Never heard objection to public using road before this suit. Public used it as a matter of right. Been public ford there in river always. Always been public ferry and ware house. Been great deal freight shipped there for public in general. I always and do now ship all my freight to and from there. I own land lying on the river. Banks good as any in country, kept up easily. Road centrally located, damage the public to annul it. General and direct pass way for doctors who do practice in neighborhood. Live within 1/4 mile to road, have lived there 23 years.

G. L. Ray: 62 years old, live 2 miles of road, lived there 18 years. Traveled road several times in life. Traveled it as a matter of right. Traveled road like I did other public roads in country. The public have likewise traveled said road, never heard objections. Public ford in river there; public used it. River banks and road are easy kept up as any. Good banks and road. Public generally cross there going to Gainsboro, mill, voting precinct. Three miles further to Gainsboro any other route, then go over very rough steep hill and down dangerous wild creek, which is avoided by traveling the road in question. Greatly damage and inconvenience neighborhood to annul road. Public used road so long adjusted business now public utility.

C. A. Hall: 59 years old, live 2 1/2 miles from road, known it since 1860. Road used and traveled continuously by public since I knew it. Public ferry kept there. Public ford there. Traveled road matter of right, as other roads in country. Never heard objection to use of road. Public used road without wish or regard of rights of land owners. Become public convenience and necessity to public, used it so long. Always traveled road in going to Gainsboro. Roads and banks so situated kept in good condition easily. Banks as good as any banks along river.

N. C. Bybee: 64 years old, lived here all my life, raised on Crowder farm. Father owned that land until 1857. Albert Kirkpatrick then owned the Loftis land. Road then in use by public. Public always traveled road as other roads in country, no objection. Public used road so long, adjusted their affairs, and accustomed their business so that it would damage and inconvenience them to annul road. I traveled road twice a day when boy going to school.

J. W. Carson: 57 years old. Known road since 1858 or 59. In 58 or 9 I lived 1 1/4 miles of road, Harve Crowder lived there then. Crowder rented ferry from Kirkpatrick then and run it. He did Kirk's ferrying, paid him $50 for land and ferry. Public ford there then. I lived on Crowder land in 1874. I ran a ferry there then. Kirk said he always rented land and ferry for so much and they done his ferrying free. Nothing said about road: I do ferrying part consideration for ferry and land. N. M. Crowder my uncle; he said he bought ferry rights with land. Been very well acquainted with road since first got acquainted with it. Good deal freight shipped at ware house by neighborhood. Never heard objection to use of road; Kirk quarrelled about leaving his gate open. Harve Crowder worked banks and road; I helped work road once. People used road as they wanted to.

Rainey Moss (taken by defts): I was born in 1829; run ferry at place in question from 1871 to 1874. Rented from A. Kirkpatrick; he owned both sides of the river; I paid him $50 and done his ferrying for ferry and banks. Kirk said he would keep up the road that he had to do it anyway. Road traveled by everybody. Known road since 1842; road there then; never heard objection to the public using it; ford in river then.

Legal argument follows.

Rainey Moss signs his deposition "R. D. Moss."

Item 16.

Perry Crowder Vs. J. M. Loftis

Said witness J. W. Cason, of lawful years, being dully sworn says (for complt.)

Quest. 1. What is your age and where were you born and raised?

Ans. I am 57 years old. I was born & raised in this county.

Quest. 2. Do you know where what's known as Crowders ferry is?

Ans. Yes Sir.

Quest. 3. How long have you know said road?

Ans. I have known it ever since about 1858 or 1859 somewhere along there.

Quest. 4. Where did you live in 1858 or 1859--on which side of Cumberland river & how far from the road in question?

Ans. We moved to Martins (?) creek about that time, on the North side of Cumberland river & about 1 1/4 miles from said creek and we lived 3/4 or a mile up the creek.

Quest. 5. Who had the Crowder farm where Benjamin Hix now lives & did he run a ferry at that time?

Ans. Harve Crowder lived there and he had a ferry there. He had the place rented from Albert Kirkpatrick.

Quest. 6. What did Crowder pay Kirkpatrick for the ferry & land if you ever heard him say?

Ans. Fifty dollars he always told me he was to pay fifty dollars a year for the land and ferry and was to do Kirkpatricks ferrying is what he told me.

Quest. 7. Was there or not a public ford in Cumberland river at this place at that time.

Ans. Yes Sir. There was a ford there in low water.

Quest. 8. Did or not people who crossed there at the ferry or ford always travel over the road in dispute on the south side of the river.

Ans. Yes Sir.

Quest. 9. Did you ever live on the Crowder land if so when?

Ans. Yes. I lived there in 1874.

Quest. 10. While you lived there in 1874 did the people and public or not use & travel over the road and did the public not ford there and cross there. did you or not run a ferry there awhile?

Ans. Yes. The people traveled the road at that time. The public forded there when the river was low enough. I run a ferry there. Kirkpatrick had an old boat then and I raised (?) to him about running a ferry and he said he always rented the land and ferry for so much and they done all his ferrying.

Quest. 11. Did Kirkpatrick say anything to you about letting you use the road in question if you would do his ferrying or was you to do his ferrying as part consideration for the land and ferry. How was this?

Ans. No. There was nothing said about the road. I was to do his ferrying as part consideration of the rent of the land and ferry.

Quest. 12. Did you know N. M. Crowder in his lifetime & did you ever have a conversation with him in regard to his purchase of the Crowder land from Kirkpatrick and about the road in question if so what did he tell you about it?

Ans. Yes. I knew him, he was my uncle. I had a conversation with him after he bought that place. The first time I say him after he bought it--and asked him if he bought the right of a ferry and he said yes. Nothing was said about the road. I never asked him anything about the road.

Quest. 13. Have you or not been well acquainted with said road ever since you first got acquainted with the road and have you or not lived close to it almost all the time?

Ans. Yes Sir. I have been acquainted with (it) and the furthest I have lived from it was when I lived down here which is about seven miles.

Quest. 14. Has there or not been a ware house kept there on the South side of the river known as Bloomfield & has there not been a great deal of freight shipped to & from said ware house by the public & the neighborhood since you have known the place?

Ans. Not up to the --illegible-- & Jim Loftis stoped (sic.) up the gate. Kirkpatrick sometime quarreled about them leaving the gate open.

Cross Examined

Quest. You understood that the road a cross the bottom on the south side of the river to the Gainsboro & Celina road belonged to Kirkpatrick didn't you & was not a public road.

Ans. It belonged to Kirkpatrick up to the time he sold it to Loftis and it was never kept up by the public. The public traveled it as they pleased.

Quest. What do you mean by the publick using said road as they pleased. Do you mean they done anything as they wanted to or used it because Kirkpatrick allowed them to use it.

Ans. They just used it--traveling it--as they pleased and no one objected to it--because Kirkpatrick allowed them to. Everybody went through there that wanted to.

Quest. Kirkpatrick had a gate across it and controlled the road & no one attempted to work the road & repair the gates except Kirkpatrick did they?

Ans. He had a gate across there he kept that up--I think Herve Crowder worked the road & banks. I never saw Kirkpatrick work the road or banks--This was while Kirkpatrick had the ferry rented to Crowder. I helped Crowder work the road one time.

Quest. At the time Crowder fixed the --illegible-- you have just spoken of was while he had the ferry rented from Kirkpatrick wasn't it?

Ans. Yes Sir.

Quest. Can you think of as bad and deep a ford in the river as the ford at this place.

Ans. I don't know as I know of any that is worse than that. It takes low water to ford there but if a man understands it he can ford there all right. There are some rocks in there.

Quest. Wasn't there a ferry run just below this one while you have known this ferry & run at the Speakman place when there wasn't any ferry at this place.

Ans. There was one run down there about 1882 or 1883 by Thomas Speakman. He took the boat from the Crowder ferry down there. It was some time along there. I don't remember the exact date and it was my understanding they took the boat from the Crowder ferry down there.

Quest. How far was the Speakman ferry from the Bloomfield ferry.

Ans. I guess it was between a quarter and a half mile.

Quest. The road across the bottom from the ferry to the Gainsboro & Celina road, was it used by the publick while they was using the Speakman ferry were they.

Ans. Float men used it--some times

Quest. The public shipped at the ware house at the Speakman ferry some 30 years ago didn't they. Also at Sugar Creek one mile above the Bloomfield ferry for the last 20 or 25 years didn't they.

Ans. I reckon there has been shipping at each place along about that time.

Quest. Wouldn't it damage the Loftis place considerably for the public to have the right to use said road as a publick road without the land owner having the right to controll (sic.) it?

Ans. Yes I recon (sic.) it would do a damage to that farm to have a road through there to some extent.

-- Re Direct --

Quest. 1. Did you ever hear of any body obtaining permission to travel over the road in question?

Ans. No. Not that I know of.

Quest. 2. Did you & the public or not always travel & --illegible-- the road for any & all purposes desired just as you used & traveled other public roads in the Country?

Ans. People just traveled it and used it as they wanted to traveling it. I don't know as it would be called a publick road unless the publick kept it up.

J. W. Cason (signature)

wit. provis 1 day 1.00

Item 17

Perry Crowder vs Jas. M. Loftis

Amended bill filed by John J. Gore. Summarizes case and makes D. B. Johnson a party defendant. (He bought the Loftis land.)

Item 18

Perry Crowder vs J. M. Loftis, et als.

D. B. Johnson says he has broken no laws, so should not be a part of this case.

Item 20

Perry Crowder vs J. M. Loftis

J. M. Loftis responds to amended bill and denies some allegations in it.

Item 21

Perry Crowder's Bill of Complaint

Statement of the case.

Item 22

Answer of J. M. Loftis to Bill of Complaint of Perry Crowder.

Item 23

Perry Crowder vs J. M. Loftis

The deposition of James Hall.

Said witness James Hall, being dully sworn (for complt.) says

Quest. 1. What is your age? Where do you live?

Ans. I am 71 years old. I live five mile above Gainsboro in the 15th dist.

Quest. 2. Do you know the road in dispute in this litigation?

Ans. Yes Sir.

Quest. 3. How long have you known this road & how far do you live from it?

Ans. I have known said road I will say forty years & I live one mile below it.

Quest. 4. Where were you born and raised and have you or not always lived where you live now?

Ans. I was borned and raised on the farm where I now live. I was gone from here about six years but that was my home where I now live. I was off on business.

Quest. 5. Did you know Henry Crowder and Albert Kirkpatrick in their life time and what kin was Henry Crowder to the complainant Perry Crowder?

Ans. I knew Henry Crowder & Albert Kirkpatrick. Henry Crowder was Perry Crowders grandfather.

Quest. 6. Did or not both Henry Crowder & Albert Kirkpatrick once own the land over which the road in question runs if so which one owned it first & to whom did each sell?

Ans. Yes both of said parties once owned said land. I think Crowder owned it first. That is the way I reckalect (sic) it but I won't be positive about that. I don't recollect who Crowder sold it to. My uncle Jim Hall owned it one time. I don't know who he got it from. Mr. Kirkpatrick sold it to Hick P. Loftis father of the deft.

Quest. 7. How long has it been since your uncle, James Hall, owned said land?

Ans. It must have been as much as sixty years ago. He is dead and has been for several years.

Quest. 8. Please say or not said road was in existence and in use by the public & used as a public highway when your uncle James Hall, Henry Crowder & Albert Kirkpatrick & Hickman P. Loftis all owned & possessed said land?

Ans. I couldn't say about when my uncle owned it but when Crowder, Kirkpatrick & Loftis owned it said road was there and was used and traveled by the public as a public road.

Quest. 9. Did you in all your life ever hear of any of the former owners of the land to wit Henry Crowder, Albert Kirkpatrick & Hickman P. Loftis objecting to the public using and traveling said road as they pleased with any and all kinds of trafic (?) or try to prevent the public or any persons from using and traveling said road as they pleased?

Ans. No. I never did.

Quest. 10. Was you or not well acquainted & on intimate relations with Henry Crowder, Albert Kirkpatrick & Hickman P. Loftis?

Ans. Yes Sir.

Quest. 11. Does the road or not now run where it has always run since you can remember it?

Ans. Yes Sir.

Quest. 12. Has the public used and traveled said road continuously since you first knew it?

Ans. Yes Sir.

Quest. 13. Please say if or not there has been a public ford & ferry across the river and a public Steamboat landing where said road strikes the river if so how long has said ferry, ford and Steamboat landing been there?

Ans. There has been a ford, ferry and ware house there for a long time. I think Kirkpatrick built the ware house. There was a ferry and ford there before the war. It is a deep ford and the river has to be low when you can ford there.

Quest. 14. Please say how the public have always used said road by permission or as a matter of right as you use & travel other roads in the County. Did you ever hear of any body getting permission to travel the road?

Ans. Every body traveled it that wanted to as far as I ever heard. I never heard of any one getting permission to travel it. I suppose they traveled it as a matter of right. I traveled it a great many times myself and I never asked any body for permission.

Quest. 15. Please say how said road has been traveled used and recognized by the public since you have known it--as a public highway or other wise?

Ans. It is just a road there--it has never been worked by an overseer and every body traveled it that wanted to.

Quest. 16. Does it not run over level land and is therefore a natural thoroughfare and required no or but very little work if any to keep it in repair?

Ans. No it don't take much work to keep it in repair. Where the first bottom strikes the second bottom, there is a right smart --illegible-- and it washes some.

Quest. 17. Did or not Albert Kirkpatrick run and operate a ferry there where Crowders ferry is now situated while he owned & controlled said land?

Ans. I don't think he operated the ferry himself. He always rented it to some body that did do it.

Quest. 18. Is there any other road or passway by which people living on the N. M. Crowder land on the North side of the river can get to Gainsboro. Their voting precinct, church or grave yard with stock or any kind of vehicles or farm machinery except to travel over the road in question?

Ans. No Sir.

Quest. 19. Has or not said ferry been run and operated by Complt. Crowder, & --illegible-- he claims continuously and consecutively since it was established?

Ans. Yes. I reckon it has by some body. Perry Crowders father kept one there a good while before he died.

Quest. 20. Is there any other road or passway to & from said ferry on the South side of the river except the one in question and is this the road all the patrons of said ferry have always traveled.

Ans. Yes. That is right. but the one road.

Quest. 21. Does or not the ferry landing on the South side of the river connect with the road in question.

Ans. Yes Sir.

Quest. 22. Was you one of the Mortgagers to the Mortgage executed by Hickman P. Loftis & wife to R. W. Allen et. als. on the ___ day of _____ 18__ (Blank in original) which mortgage was foreclosed & the land sold by decree of the Chancery Court of Jackson County in the case of R. W. Allen et. als. vs J. M. Loftis et. als. If so please say whether or not the road in question was included in and a part of the land included and embraced by the boundaries of said Mortgage--Where was the West boundary line of said Mortgage--Was it above or below the road in question?

Ans. I was one of the beneficiaries in said mortgage but not a mortgager. I understood the road in question was included in said mortgage. The west boundary line to said mortgage was below the road.

The foregoing question & ans. in regard to the mortgage is objected to because the mortgage is the best evidence.

Tinsley, Sol.

Quest. 23. Do you know where that Mortgage is. Where did you last see it?

Ans. No Sir. I do not. I have been told that it is on the record here.

Quest. 24. Where was the Mortgage executed; how far from this road?

Ans. In twenty steps of it. It was executed there in Hick P. Loftis house.

Quest. 25. At the time the Mortgage was executed was there or not a fence running from the Gainsboro & Celina road to the river, if so on what side of this ferry road was this fence--was it on the upper or lower side of the ferry road?

Ans. It was on the lower side.

James Hall (signature)

wit. provis. 1 day 1.00

Said Witness Perry Crowder (Complainant) being dully sworn says:

Quest. 1. What is your age. Are you the Complainant in this case?

Ans. I am 43 years old. I am the Complainant in this case.

Quest. 2. Do you know the road involved in litigation in this case if so how long have you known it?

Ans. Yes I know the road mentioned. I have been well acquainted with it about twenty three years.

Quest. 3. Who was your father. Is he dead or alive. How many children did he have and what is their names?

Ans. N. M. Crowder was my father. He is dead. He has been dead something like eight years next March. He had two children, Perry & R. B. Crowder, both living.

Quest. 4. Did he own any land at the time of his death if so where was it situated & who did he get if from?

Ans. He owned some at the time of his death. It was situated on the North Side of Cumberland River in the 8th dist. He bought it from Albert Kirkpatrick.

Cross Examined James Hall

Quest. Wasn't there two gates at the Gainsboro & Celina road at the time the mortgage was created one that entered in the field west of the road and one that entered in the field east of the field & which post is mentioned in the mortgage.

Ans. Yes. There were two gates there. One opened onto one field and the other opened into the other field. I understood the mortgage to call for the middle post. Both gates were hung to one post.

Quest. The other gate that has been taken away was east of where the gate now stands wasn't it?

Ans. No. It was the gate this side or the west side that has been removed. The one down the river.

Quest. Didn't Albert Kirkpatrick build the ware house for him self.

Ans. Yes Sir. I suppose he built it for his own use but the public used it a good deal.

Quest. When the publick used it you understood that it was agreeable with Mr. Kirkpatrick & Mr. Hick Loftis and by their permission & consent or the publick would not of used it, would they?

Ans. I suppose it was. I don't know how that was. I put freight there several times and I never asked him. I don't know whether others did or not.

Quest. Mr. Kirkpatrick used the road & ferry to go to his farm across the river that he sold to Crowder didn't he.

Ans. Yes Sir. He used the road. He owned both sides of the river there and he used the road as much or more than any body else.

Quest. Was the two farms separate farms on opposite sides of the river; that Kirkpatrick owned.

Ans. I think he bought them from different parties. They were on opposite sides of the river from each other.

Quest. Had Mr. Kirkpatrick or Loftis or any of the land owners to this road objected to you hauling the road in dispute would you have traveled it.

Ans. No Sir. I should not have gone through it if they had objected to it.

Quest. Then you would not of claimed to have had any interest in said road over the land owners protest would you.

Ans. No Sir.

Quest. Wasn't it your understanding that the publick used the road & ware house because they thought it agreeable with Albert Kirkpatrick & Hick P. Loftis & the land owners and had they opposed the using of said ware house and road it would not of been used by the publick.

Ans. I don't suppose the public would have used it if any body had objected to it. As to the first part of the question I never thought nothing about that. I never heard of any objection any way.

Quest. You didn't understand that Kirkpatrick gave his ware house to the publick that they might use it whether he wanted them to or not did you?

Ans. No. I never thought about his building it for every body but himself. I don't guess he would have built it if it hadn't been for himself.

Quest. Kirkpatrick used the road going both to his ware house and the farm across the river didn't he?

Ans. Yes.

Quest. The ford at this place is deep and can't be forded except a very small part of the year can't it?

Ans. Yes Sir. It is a deep ford and a very bad one any way. It can't be forded a great while in any year.

Quest. There is a good ford and ferry two miles up the river from the one in dispute isn't there.

Ans. There is a good ford up there but no ferry now. There was a ferry kept there a year or two some four or five years ago but none there now. There is a tolerably good place there to keep a ferry.

Quest. At this place 2 miles above the road & ferry in dispute would be a convenient way to ferry & ford to the church on the south side of the river & the grave yards wouldn't it?

Ans. For the upper end of the bottom it would be convenient but for the lower end it would be a mighty inconvenient place.

Quest. This ferry and road in dispute is right in the lower end of the settlement on the north side isn't it.

Ans. Yes Sir.

Quest. There is a church house & school house about middle ways the settlement on the south side of the river that is on the north side isn't there (?).

Ans. There is a church and school house it don't lack much being in the middle. Some more in the upper than the lower end.

Quest. There is a publick county road running from the Crowder place threw the neighborhood that is on the north side of said river to this school and church house above mentioned isn't there?

Ans. Yes. There is a public road on the north side that goes through all the neighborhood and up on Brimstone.

Quest. How far is it from the Crowder place to the school & church house on the same side of the river that he lives on & the balance of the neighborhood is closter (?) most of them to said school & church house than plaintiff, isn't there?

Ans. I reckon it is fraction over a mile from where he used to live. Some are closer & some are not so close. I reckon half of them in the bottom live as close as he does.

Quest. Hasn't the plaintiff moved from where he lived when he filed his bill in this case and about how far is it from where he now lives to the road & ferry in dispute.

Ans. He has moved since he filed the bill in this case about three miles.

Quest. The plaintiff has a ferry on the place he lived at now hasn't he.

Ans. Yes.

Quest. And it is more convenient for him to cross at the ferry where he lives than to go to the one in dispute isn't it.

Ans. It would be more convenient for him to cross up there at his place.

Quest. How much further would it be for the plaintiff to cross the river to go to the church crossing at the ferry in dispute or the road in dispute when he lived at the ferry in dispute than it would be to go to church on his own side of the river; where he lived.

Ans. There is not much difference. I reckon the one on the other side is a fraction the nearest.

Quest. Isn't there a publick road from where the plaintiff used to live when he filed his bill in this case & the neighborhood; to Whitleyville & Jennings Creek and any where they want to go.

Ans. Yes. There was a public road over to Jennings Creek and up the river, and over to Brimstone.

Quest. Isn't their churches, mills and grave yards plentiful on this road not very far from this settlement, meaning the settlement where he lived.

Ans. There is a grave yard over there, and a mill over on Jennings Creek about three miles from where Perry Crowder used to live but there is a mighty bad hill to go over to go to the mill. But it is a public road leading over the hill to Jennings Creek and the mill kept up by the county.

Quest. The road in dispute since you have know it at intervals would not be traveled when there was no boat at said ferry would it.

Ans. Very little. When they could ford they traveled it some.

Quest. Did not owe (?) Mr. Moss to Albert Kirkpatrick a ferrying free for the use of the road & banks for the publick to use them in crossing said ferry wasn't this your understanding while Moss ran said ferry?

Ans. I never heard that until this Suit came up but since it came up I heard that he did Mr. Kirkpatricks ferrying free for the use of the road from the river to the Gainsboro & Celina road.

Quest. Isn't the fence on the east & upper side of the road in dispute now.

Ans. Yes Sir.

Quest. Wasn't you a party to the suit that the land was sold on the east of the land known in this case as the Loftis place; meaning the mortgage land that was sold.

Ans. I was not a party to the mortgage but when the court decreed the land to be sold they decreed my debt to be paid out of the land funds arising from the sale of the mortgaged land.

Quest. The land was sold under a mortgage made by H. P. Loftis & wife wasn't it and J. M. Loftis the defft. and John M. Loftis & Sam Loftis was sons of H. P. Loftis who was dead at the date of the sale under the mortgage. These three sons was parties to the mortgage sale wasn't they.

Ans. The land was mortgaged by H. P. Loftis & wife and was sold under said mortgage--John M. Loftis--J.M. Loftis & Sam Loftis were said to be sons of H. P. Loftis & wife. H. P. Loftis was dead when the land was sold. I don't recollect whether his three sons were parties to said suit or not.

Quest. Isn't it a fact that land was sold without an answer of John Martin (?) & Sam Loftis in the mortgage sale; or any judgement pro confiso entered against them in said case.

Ans. I can't tell you. It may be that way. I don't reckolect whether the boys were parties to the suit or not.

Quest. Who bought the mortgage land, and doesn't it adjoin the defft. J. M. Loftis land along by the road in dispute.

Ans. I believe Wm. Loftis, Marion Harris & Tandy Hall bought it. I ain't positive. I think the Court just decreed it to us or to pay off the debts is the way I recollect it. I don't think it was ever cried off at sale.

All of the foregoing & pertaining to the sale of the mortgaged land etc. is objected to because the record is the best evidence. Gore, Sol.

Quest. 1. Please say if the road in question has not always been used by the public at any and all times as necessity demanded.

Objected to because leading & original.

Johnson, Sol.

Objection over ruled and appeal prayed & granted. W. M. Gailbreath, C & M

Ans. Yes. They used it all the time.

Quest. 2. You say the fence from the Gainsboro & Celina road to Cumberland river is now on the upper side of the road in question. Please say if --illegible-- B. Anderson did not put this fence there since the land was sold under the mortgage as aforesaid?

Objected to because leading. Johnson, Sol.

Granted. W. M. Gailbreath, C & M

Ans. I think it was put there since the land was sold but I don't know who done it.

James Hall (signature)

Item 24

Perry Crowder VS Jas. M. Loftis

Said witness Frank M. Bailey, being duly sworn says:

Quest. What is your age & where do you live. Explain fully just where you live with reference to Cumberland river and Crowders ferry?

Ans. I am 63 years old. I live in the 8th Dist. of Jackson County on Websters Creek, on the North Side of Cumberland River about 3 miles or 3 1/2 miles from Crowders ferry.

Quest. How long have you lived in the 8th District and close to Crowders ferry?

Ans. I have lived in the 8th District ever since I was born. 63 years.

Quest. How long have you known Crowders ferry, where it is now situated?

Ans. Ever since I could remember.

Quest. Do you or not know of a road leading from Crowders ferry out through the bottom to the Gainsboro & Celina road. If so how long have you known of said road being where it is now situated & where does said road intersect with the Gainsboro & Celina road with reference to the Dwelling house now occupied by Deft. Jas. M. Loftis.

Ans. I know of the road above mentioned leading from Crowders ferry out through said bottom to the Gainsboro & Celina road. I have known of said road being where it is now situated for fifty years. If it has ever been changed from where it is now I don't know it. It intersects the Gainsboro & Celina road near the dwelling house where Deft. James M. Loftis now lives.

Quest. Who owns the land on which Crowders ferry is now operated?

Ans. Perry Crowder owns it on the North Side of the river. I suppose Jim Loftis owns it on the South Side.

Quest. Say if or not to refresh your recollection the ferry road and ferry landing on the South Side of the river is not East or up the river from the East or upper boundary of the Loftis land.

Objected to because leading & suggestive of the answer. Draper, Sol.

Ans. I don't know where the East boundary line of the Loftis land is. The boat landing ain't over twenty five yards above the ware house.

Quest. How long have you known the lands now owned by Complt. on the North side and Deft. and the land just East of Defts. on the South side of the river?

Ans. I have known it ever since I can remember.

Quest. Who owned the lands on the South side of the river --illegible-- above asked about when you first knew it?

Ans. My Grand father, Henry Crowder.

Quest. Where did he, Henry Crowder, live when he owned said lands & was the road in question then in existence & used?

Ans. He lived right where the Loftis houses now stand is my recollection. The road in question was then used.

Quest. Who owned the lands now owned by Complainant when you first know (sic) them?

Ans. My Uncle Phillip Crowder.

Quest. Has or not there always since you have known the lands, been and operated a public ferry at the place where Complt. ferry is now operated.

Ans. No. About 1856 or 7 along there was about when the first ferry was put there. There has been a ferry there all of the time since then with the exception of a few years--a year or two, or maybe two or three years.

Quest. Was or not there a public ford in said river where the ferry is, ever since you have known the land. Is there or not now a public ford at said place and has or not said ford always existed there since you have known the place?

Ans. Yes. There has been a public ford there ever since I can remember. There is a public ford there now and has been ever since I can remember.

Objected to as leading. Draper, Sol.

Objection over ruled. W. M. Gailbreath C & M

Appeal prayed & granted. W. M. Gailbreath C & M

Quest. Has or not there ever been a public Steamboat landing at the ferry in question if so how long has there been a public Steam Boat landing there?

Ans. There has been a Steam boat landing there ever since I can remember on both sides of the river. There has been freight put off & put on there and there is a boat landing there now.

Quest. Who owned the land now owned by both Complainant and Defendant when a ferry was first established where Crowders ferry is now operated & who first established said ferry & over whose land did the road run on both the South Side and North Side of said river?

Ans. Albert Kirkpatrick owned both sides at that time & he first established the ferry and the road run over his land on both sides of the river when first established.

Quest. Does the ferry road from the ferry landing on the North side of the river intersect with any road if so what road does it intersect and where?

Ans. Yes. It intersects what is called the big bottom road there at Perry Crowders house.

Quest. Is there any other road or pass way to and from said ferry on the South side of said river, except the road that is now in existence and the one in controversy in this case & has there ever been any other road or pass way to and from said ferry since you have known the place?

Ans. No. None that I remember of & that is the only road there now.

Quest. Did you ever run and operate said ferry. Is so, when?

Ans. In 1865 & 6. I ferried there for Harvy Crowder. He had it rented from Albert Kirkpatrick & I worked for him.

Quest. Has or not the public--any body and every body--always used and traveled said road on the South Side of said river ever since you have know the road. If so how did they so use and travel it--as a matter of right or by permission of the former owners of said land. Explain just how the public have traveled and used said road?

Ans. It was used by the public just as they pleased so far as I know until this law suit came up. They were stoped (sic) from going through there for a while when this law suit commenced. My understanding is that James Loftis stoped them.

Quest. Did you ever hear of any of the former owners of said land objecting to the public traveling over said road until Deft. Loftis objected to it being used & obstructed it just prior to filing this bill in this case?

Ans. I never did.

Quest. When said ferry was being operated and when the river was fordable say how the citizens of the North Side of the river and in the big bottom would come to town, or go to their voting precinct and church. I mean over what road would they travel?

Ans. In coming to Gainsboro, & it was low enough to ford the river or if a ferry Boat was in there they come (?) & traveled mostly over this road. In going to church & to the voting precinct they generally crossed the river above there (?) or could at Sugar Creek there being no ferry there in the river and they crossed at this ferry in going to church & to the precinct.

Quest. Who has always kept said road leading to and from the ferry worked out and passable so the public could use and travel it, if anyone, since you have known the place?

Ans. All that was done was by the ferry man so far as I know.

Quest. Did or not Harvey Crowder, while he had the ferry rented from Albert Kirkpatrick work & keep said road so it could be used & traveled by the public?

Ans. He did the banks. I don't know whether any work was done on the bottom road or not.

Quest. Explain the condition and situation of the land over which the road runs through the bottom on the South side of the river. Did it or not require much or any work to keep it in repair--answer fully?

Ans. The bottom through which the road run was mostly level and if it took any work to keep it up it was mighty little.

Quest. How has the road in question been used, traveled and recognized by the public since you have known it, as a public road or otherwise.

Ans. As a public road. Free to every body as far as I ever knew until this law suit come up.

Quest. How has the public used the ferry & ford and Steamboat landing in question since you have known them?

Ans. As far as the Steam boats were concerned, they just put off freight there. For every body & any body & they went & got it. There was a ware house there, but if any body ever paid any storage I don't know any thing about it. The ford & ferry there was public as far as I ever knew.

Quest. Do you know of deft. Loftis obstructing this road if so say how & to what extent has he obstructed it. Explain fully all you know about it.

Ans. The road was obstructed by brush being put on it but I don't know who put it there.

Quest. Did or not the obstructions you say that were put in the road in question obstruct and prevent the public from the use and possession of the --illegible--.

Ans. Yes Sir.

Quest. You say that there has been some 2 or 4 years since the ferry was first established at Crowders ferry, in which there was no ferry operated there. Now say if during the time this ferry was not in operation at this place there was still a public ford and Steamboat landing there, if so did the public use and travel the road in question as they had thencetofore been doing and as they have since done until obstructed as aforesaid.

Ans. While the ferry was not in operation for a few years, the landing and the ford was used by the public as far as I ever knew.

Quest. Explain the nature and kind of traffic and freight which has been ferried across the river at this place & what kind of water craft has always been kept there for ferrying purposes?

Ans. I don't know what all has been ferried over there but there has been wagons, horses & other stock crossed there. A ferry boat & canoe has been kept there for ferrying purposes.

Quest. Has Defendant Loftis and all former owners of his land seen & known that this travel and trafic crossed the river at this place and passed out on the road in question?

Ans. Yes Sir, as far as I ever knew.

Quest. Where did A. Kirkpatrick live at the time he owned the lands now owned by Comlt. and deft. and did he have the actual possession of same, at the time he operated a ferry there?

Ans. He lived in the same houses where J. M. Loftis now lives. He owned the land & lived there & I suppose he was in actual possession of it.

Ques. While Loftis had the road obstructed as aforesaid--did it or not destroy the trafic and passengers that patronized Complts. ferry. Where & how did the public get across said river & was it or not inconvenient to the public generally to have said road closed up & obstructed?

Ans. After the road was stoped there they moved the road up on L. S. Andersons land and went up through his field. I suppose it was an inconvenience to the public to have said road closed up & obstructed.

Quest. Who was deft. Loftis father. Did he ever own defts. land. Is he dead or alive and is A. Kirkpatrick, Harvy Crowder, N. M. Crowder & Phillip Crowder dead or alive. If dead have they or not been dead several years?

Ans. Hickman Loftis was the father of deft. J. M. Loftis. He once owned the land on the South Side of the river. He is dead. All other parties mentioned are dead. The most of them have been dead for several years. N. M. Crowder was the last one that died & he has been dead four or five years.

Quest. You say that while said road was obstructed that the people would travel out through the lands of L. S. Anderson. Now say if there was any road or passway out over Andersons land or was it traveled through his meadow & culivatable land?

Ans. They just went out through the field. There was a meadow there. There was no road or pass way.

Cross examination of Frank M. Bailey to deposition given for complainant.

Quest. You are the same Frank M. Baily who gave your deposition some time ago for complainant, are you not.

Ans. Yes Sir.

Quest. Didn't you assist in making a boat for Albert Kirkpatrick, for the ferry in dispute & state whether or not Kirkpatrick rented the ferry on the north side of the river & a farm to one Harvey Crowder.

Ans. In 1865. Me and Thomas Speakman built a boat for Harvy Crowder and Albert Kirkpatrick. They were partners in the boat. Albert Kirkpatrick hired me. Harvy Crowder lived on Kirkpatricks land on the north side of the river, and he rented it from Kirkpatrick and paid him fifty dollars a year for the land and what he made on the ferry there. He rented the land and tended the ferry for ten or twelve years.

Quest. Didn't you cork the boat after this time for Kirkpatrick; more than once.

Ans. Yes I helped several times to turn it and cork it. Kirkpatrick always got me to help.

Quest. When did you have a conversation with Henry Baily when he told you that H. P. Loftis & old man (?) Crowder had an arrangement for Crowder to do the ferrying of H. P. Loftis for the use of the road?

Objected to because no such conversation has ever been proven, and because incompetent if proven. J. J. Gore, Sol.

Ans. I don't reckolect when it was but it was since this law suit came up. Me and Henry Bailey were talking about the road & ferry and Henry said that him and Hick P. Loftis were coming from or going to Hixes mill on the north side of the river and that Hick Loftis said to him that he was going to do his milling over there, that his ferryage wouldn't cost him any thing--that Norris Crowder was going to do his ferrying for the use of the road through the field.

Quest. Henry Bailey told you this before you gave your deposition in this case didn't he.

Ans. Yes. Along in the beginning of the law suit.

Quest. Henry Bailey is a truthfull & reputable citizen isn't he.

Ans. Yes so far as I know. I understand such.

Quest. Then when you gave your deposition from what Henry Bailey told you you understood that the publick was using the road in dispute by permission & --illegible-- of the land owner didn't you.

Ans. From what Henry said from what uncle Hick Loftis said it was.

Quest. You don't know of the publick wanting any rights or exercising any rights to said road do you, more than to just use it.

Ans. My understanding was it was a public road. Everybody passed and repassed without any objections that I ever heard of. Don't know how the people considered it. I had always thought it was a public road.

Quest. Had you known that the ferry man was doing the land owners ferriage for the use of the land you wouldn't of considered that it was a publick road would you.

Objected to because argumentative. Gore, Sol.

Ans. No. If I had known it--but I didn't know it--of course it wouldn't have been a public road if he had it hired.

-- Re - Direct --

Quest. When Harvey Crowder rented this land & ferry from Albert Kirkpatrick was any thing said about the road or did he just do Kirkpatricks ferrying & give him $50 for the ferry & land?

Objected to because leading. Johnson, Sol.

Objections over ruled & appeal prayed & granted to the Chancellor. W. M. Gailbreath, C & M

Ans. I never heard any thing said about the road. As I understood it he was to give $50 for the land & ferry & do Kirkpatricks ferrying.

Quest. Is or not the ferry & road in question centrally located and more convenient to the traveling public than any other ferry in the neighborhood?

Ans. I suppose it is, it is about the handiest road I know of.

Quest. Would it or not greatly damage and inconvenience the public to annull said road, ferry & ford?

Ans. Yes Sir.

Quest. Has or not the public on the North Side of the river so adjusted their affairs and accustomed their business --illegible-- with a view of a perpetual ferry, ford & road at the place in question & to now annull them would it or not greatly inconvenience, damage and disappoint them?

Objected to because leading. Johnson, Sol.

Objection over ruled and appeal prayed and granted. W. M. Gailbreath, C & M

Ans. The people always depended on crossing there and I suppose it would be a great inconvenience to them to annull the road. I know it does me.

Quest. Do you know when Ben Hix took the boat out at Crowders ferry?

Ans. I know within a few days of the time.

Quest. Just a few days before Hix took the boat out at this ferry did he say any thing to you about repairing his boat. If so what did he say.

Objected to because leading & not competent. --illegible-- Johnson, Sol.

Ans. He asked me if I could make him some oars, and I told him if he would get some cedars there I would come and make him some and in a few days I passed there & he had got some sasafras and had made one and had started the other one. He wanted me to see Mauice (?) Gore & see if he would let him have a tree to make him some gunnels.

Re direct

Quest. Isn't the place where the Speakman ferry was run to (?) only about one quarter of a mile below where the ferry in dispute was at, and as handy for the people in the bottom as the one in dispute isn't it?

Ans. I suppose it would be if there was a ferry there.

Quest. There isn't any ferry at the place in dispute are they?

Ans. I suppose not.

Quest. What do you know about the publick having made their arrangements to have a ferry at the Bloomfield landing. What do you mean by saying that the publick has made their arrangements for a ferry at the place in dispute.

Ans. There has always been one there & the people seem to understand that there would always be one there. If they have made any arrangements I don't know about it. Just same as any other ferry, they expected to cross when they went there.

Quest. Hasn't their been (?) several times since you have know said ferry that their wasn't any boat for a long time at said place.

Ans. I don't remember but one one time.

Quest. They stoped the ferry at the Bloomfield landing and kept a boat at the Tom Speakman ferry didn't they.

Ans. Yes when it was moved out from Bloomfield it was moved down there.

F. M. Bailey (signature)

Wit. provis. 1 day @ 1.00 & ferriage @ 10 cents

Perry Crowder vs J. M. Loftis et al.

Witness J. M. Loftis, one of the deffts. being dully sworn deposes as follows.

Quest. Are you one of the deffts; in this case.

Ans. I am.

Quest. How long have you known the road in controversy.

Ans. About twenty five years of little over.

Quest. Go on and state how said road has been used since you have known it & have you lived on the place where the road runs (?) a great deal since you have known the place & road.

Ans. I have lived there off & on a good deal of the time since my father boat (?) the place my father owned the road and controlled it--during his life time he let people pass through there. He let Mr. Crowder have the ferry, or rented the ferry to Mr. Crowder and Mr. Crowder was to do my fathers ferrying free for the use of the road through the field to the public road. He also told Mr. Crowder when he was talking of putting (sic) a boat in there that he could try it and if the public didn't run over his truck in going through the field that he could continue the ferry, but if they did he would have to quit & take the boat out.

Quest. State whether or not when L. S. Anderson moved off this last winter did he or not drive his wagon over the cultivating land in hauling his goods to the river on this road.

Objected to because not competent. Gore, Sol.

Ans. Yes Sir he came in at the gate and went down about one third of the way to the river and then turned out of the road in to the field and on down through the field to the river.

Quest. State whether or not the road to make it a public road would greatly damage the Loftis farm meaning the road in dispute.

Ans. Yes Sir. I think it would.

Quest. State whether or not you stoped Crowder from ferrying at the Bloomfield ferry when he refused to ferry some of your fathers family.

Ans. Yes Sir. Old Man Norris Crowder put the ferry in there and kept the ferry there until after my fathers death--he Norris Crowder refused to ferry the family, or some of the boys there unless they would pay him for it and when my mother told me about him refusing to ferry the boys I notified him to take the ferry out or quit landing to our side, and he quit.

Quest. Is the ford at this ferry a good one or a bad one. Describe it.

Ans. It is a very rough and very deep ford. It has to be at a very low stage of water before you can ford there at all. It is a very rocky ford. I consider it dangerous to ford there at any time unless a person is acquainted with the ford.

Quest. State whether or not for the last 10 years back the ware house has been used much or little by the publick and is there any ware house there now & has been for the past few years.

Ans. There hasn't been any ware house there for several years that was fit to put grain or freight in as it has been rotering (?) down & the roof rotten. There is no ware house there now at all. When there was a ware house there it was not used any hardly at all by the public and Fay Anderson he shipped more stock & other stuff than all the others combined.

Quest. State whether or not most every farm in the vicinity of this ware house has a shipping place of their own on their farm.

Ans. Yes. Most all the farms I know has Steam boat landings & shipping points & roads down to them. Andersons folks always shipped stuff from & to the landing on our place.

Quest. State whether or not you was present when they surveyed the land just above the road when your father mortgaged it in the mortgage for which it was sold state how they ran said line giving the beginning and how they went around it.

Ans. Yes Sir. I was present when the mortgage was written & I went with them they went around the land mortgaged. They didn't run the line by any chain, they just walked around it. They went in at the gate where the road leads down to the river and down the side of the road where they turned in plowing as the land was in cultivation then. The turn row was on the upper side of the road. They went down to the top of the main river bank then my father drove up a stake, a piece of rail I think it was, right on the upper side of the road thence up the river from the stake along with the brink of the bank to Andersons line, then with Andersons line back to the Gainsboro & Celina road then back down the road to the big gate, the beginning.

Quest. What gate was it was it up the river and above the road or be low the road?

Ans. One gate post stood on the lower side of the road and the other post stood above the road, and the gate shut against the upper post the one above the road. There was two gates there at the time the mortgage was made and there were three posts. When I say the upper gate post I mean the one up the river from the lower one & the post up the river or the upper post was on the lower ground. The other gate was below the road and was hung to the middle post or the one spoken of as the lower post to the other gate spoken of.

Quest. Did your father intend or --illegible-- the road in the mortgage.

Ans. No Sir, he said that day that he did not want to give up the road or the boat landing that he might not be able to redeem his land. He aimed to if he could but he failed to do so. He wanted to keep the road & the ware house.

Quest. State whether or not the claims of the various parties in the mortgage was proven before the mortgaged land was sold.

Ans. No Sir. I don't think they did.

Quest. What did the mortgage land sell for.

Ans. I think about $1000.00 it may have been more.

Quest. What is it worth now.

Ans. It is well worth $1500 and it might bring more than that.

-- Cross Examined--

Quest. 1. Did you not place the obstructions in the road complained of in the bill in this case & did you not also notify the public to stay off the road in question.

Ans. I cut some bushes & put in the road & I locked the gate & built the fence complained of. I did not notify the public to stay out, but I did put up a notice, notifying people if they went through there and damaged my crop that they would be responsible.

Quest. 2. How many gate posts were there on the upper side of the ferry road & how many on the lower side of said road at the time the mortgage from Hick P. Loftis & wife to R. W. Allen et. als. was executed?

Ans. There was three standing gate posts there one above the road & two below the road at the time the mortgage was made.

Quest. 3. Was there not an old fence which ran from the middle gate post or the post nearest to the lower side of the road, to the ware house at that time?

Ans. There was some posts and part of a fence but did not go to the river, and I don't think it joined up there at the gate. There were just a few posts and some slats but not a fence.

Quest. 4. That old fence at one time did join to the middle gate post before the fence was torn down and destroyed didn't it?

Ans. I can't state about that but it looked like there had one time been a fence through there but it wasn't joined at that time & there were gaps here & there along in several places.

Quest. 5. Who was present & saw your father drive up the stake just above the ware house at the time the mortgage was made?

Ans. Myself. I think R. A. Allen was along. Marion Harris was along part of the way. Tandy Hall was along. I don't know whether they were all along when the stake was driven down. I believe Marion Harris went back before we got down there to where the stake was driven in. I believe Jim Hall was along & my brother Pierce was along also. I am not positive as to whether they were all there at the time the stake was driven or not.

Quest. 6. Who was present & heard your father say that he did not want to give up the road or the boat landing; that he might not be able to redeem his land; he aimed to if he could but if he failed to do so he wanted to keep the road & the ware house?

Ans. This was right along where we were all going through there and I suppose the parties mentioned in my last answer were present.

Quest. 7. Who did he make the remark to?

Ans. I heard him & the balance were present. I don't know that he directed it to any particular one.

Quest. 8. You once considered that ferry road a public road didn't you?

Ans. I don't know when I was a boy growing up but that I did but I have never considered it a public road since I got to understand it. I never heard it called a public road until this law suit came up.

Quest. 9. When did you get to understanding it?

Ans. Since I have thought anything about public roads & what it took to constitute a public road. Not up until this law suit was brought did I understand fully what it took to make a public road.

Quest. 10. You understood when your father permitted Norris Crowder to use the road upon his doing your fathers ferrying that it was not a public road didn't you?

Ans. I never thought any thing about it then. I knew that my father owned it & controlled it.

Quest. 11. You knew at the time you went down there & stopped Norris Crowder from operating his ferry because he wanted to charge your brothers ferryage that it was not a public road & that he & the public had no rights to it, didn't you?

Ans. I thought so for he had agreed to do my fathers & his families ferrying to get to come through there & when he failed to do that I didn't think he had any right to come through there any longer.

Quest. 12. Please say if on the 6th day of May 1902 you thought the road in question was a public ferry road & did you not so state under oath in a deposition you gave on that date in the case of J. M. Loftis vs. L. S. Anderson in the Chancery Court at Gainsboro?

Ans. It seems that I stated that at the time mentioned, that the road was a public ferry road - in connection with the other questions asked at the time, because it had been used by the public.

Quest. 13. In connection with what other questions do you have reference to - please take the deposition you gave on that date & tell what questions you had reference to in your last answer above?

Ans. In the question referred to you ask, among other questions "The road you say Anderson used on this place runs from the gate at the big road to the ware house does it not", to which question I answered that that was a public ferry road. I meant that was the same road if it was a public road it was the one, and if it was not a public road, it was the same one.

Quest. 14. In that deposition did I not ask you this question next after the question given in your last answer above "Is that not a public ferry road and has it not been such for several years before Anderson bought the land" and to which question you answered "yes."

Ans. Yes Sir.

Quest. 15. You intended to & did tell the truth in all the answers to all the questions asked you in that deposition didn't you.

Ans. Yes Sir as far as I understood it.

J. M. Loftis (signature)

Perry Crowder vs. J. M. Loftis et. als.

This 2nd deposition of Pierce Loftis taken upon an agreement; said witness being dully sworn deposes as follows taken for defft. J. M. Loftis.

Quest. State whether or not you know where the lines ran to the mortgage land if so what was at said tract corners at the southwest corner & where was said corner relative to the ware house & road as it ran when the mortgage was made. Describe it carefully.

Ans. It was on a stake just above the ware house. My recollection is it was just a piece of rail stuck up near the top of the bank of the river. The road went between the stake & ware house & the stake was above the road.

Quest. Was you told by anyone where the lines was.

Ans. Yes Sir. I was told by my father that the stuck the stake.

Quest. Did he show you the stake.

Ans. Yes Sir.

Quest. Was you cautioned not to plow it up by any one if so who.

Ans. My father said for us boys to be careful & not plow down that stake as it was the beginning corner of the mortgage.

Cross Examined

Quest. Describe definitely where that stake was?

Ans. That stake was right on top of the bank of the river just where you turned down the bank to go to the river. The old man cautioned us boys not to plow it down when we were plowing the mortgage land.

Quest. How far was it from the ware house?

Ans. It was just across the road from the ware house about ten steps.

Quest. Was it directly up the river from the ware house?

Ans. Yes.

Quest. Did the ferry road run then as it does now?

Ans. I suppose so. I haven't been there in several years. The last time I was there it ran in the same place.

Quest. Was the stake opposite or East of the lower or Northern corner of the warehouse or was it opposite or east of the upper or Southern corner of the ware house?

Ans. I would not state whether it is opposite the Center (?) of the ware house or at the other corner.

Quest. Don't you know that the ferry road turns up the river just before it gets to the ware house & to run a straight line from the stake where you place it to the Gainsboro & Celina road would strike said road some 15 or 20 steps above the gate at the road which goes into the ferry road?

Ans. I call that a straight line from the house on right in front of the ware house meeting (?) the road and there runs under the bank and makes a curve down to the river that was the way it was when I was there.

Quest. You spoke of a fence being along the road at that time where was that fence - was it above or below the ferry road at the time the mortgage was executed?

Ans. It was below.

P. W. Loftis (signature)

wit. provis. 1 day 1.00

Item 25

Agreement to adjorn taking further depositions until 8 Aug. 1906.

Item 26

Injunction Bond.

Item 27

Ruling regarding whether D. B. Johnson is a party to the suit.

Item 28

Final decree, 30 Aug. 1906. Road found to be a public road.

Item 29

Notice to Perry Crowder that deposition of A. F. Kirkpatrick will be taken.

Item 30

List of questions to be asked Sylvanus Kirkpatrick at Waco, McClelson Co. TX.

Item 31

List of questions to be asked Jim Hall at Bruceville, McClealon Co. TX. Answers are not in the file.

Item 32

Perry Crowder declares D. B. Johnson, one of the defendants, has left Gainsboro and his whereabouts are unknown. Wants notice given to J. M. Loftis to constitute sufficient notice to take depositions. 6 Nov. 1905.

Item 33

Agreement regarding chain of land ownership.

Item 34

Perry Crowder vs. J. M. Loftis et. als.

Witness J. D. Strode for deffts. being dully sworn deposes as follows

Quest. State your age residence and are you acquainted with the parties to this suit; and were you acquainted with Albert Kirkpatrick during his life time.

Ans. I am 36 years old. I live on Jennings Creek a mile above Whitleyville. I know the parties to this suit. I did not know Albert Kirkpatrick in his life time.

Quest. State whether or not you ever lived with Norris Crowder; at the Bloomfield boat landing if so when was it and who owned the Albert Kirkpatrick farm at this time; and which side of the river did Crowder live on.

Ans. Yes. I lived with Norris Crowder at the Bloomfield boat landing four or five years. That is I made his crops for him. I did not stay there all the time during those years. It has been --illegible-- years since I left there & the first year I lived at Crowders I think Old Man Hick Loftis owned the Kirkpatrick farm & after that his widow. I don't know whether she died before I left there or not.

Quest. Did you assist Mr. Norris Crowder in running the ferry at the Bloomfield landing while you lived with him.

Ans. Yes Sir.

Quest. Is Norris Crowder living or dead.

Ans. He is dead.

Quest. While you assisted him in operating the ferry if you know how he --illegible-- said ferry in regard to getting a road thru the bottom from the river to the Gainsboro & Celina road Just state what you know about it.

Ans. At one time while I was there he told me to do Loftis ferrying for the road. That is the way I remember it now.

Quest. When you ferried H. P. Loftis and his family at the said ferry did you charge them any ferryage.

Ans. I didn't charge them. I don't know whether he did or not. At one time Willie & Pearce Sons of Hick Loftis came there to the ferry when the river was out of banks and drift was running and wanted me to set them over & I told them I couldn't do it on account of the river being out of banks & the drift & they went off & came back late in the evening & wanted to cross & Mr. Crowder told them that it was too late but if they would come back in the morning he would set them across if they would pay him & they came back next morning and we set them across but I don't know whether they paid him or not.

Quest. Was this after the death of H. P. Loftis?

Ans. Yes Sir.

Quest. State whether or not the road in question while you lived their belonged to the land owner or the publick.

Ans. I don't know but from what Crowder said to me I thought it belonged to the land owner.

Quest. State whether or not the ford at the Bloomfield landing is or not a deep and rough ford.

Ans. I never crossed there but a few times and it seemed to be pretty rough when I crossed. That has been several years ago.

Quest. State whether or not most every farmer on the south side of the river in the neighborhood of Bloomfield landing has a boat landing of their own that they ship at.

Ans. I don't know how that is.

Quest. State whether or not there is public roads on both sides of the river at the Bloomfield landing that goes to publick schools churches & mills on each side of the river.

Ans. Yes Sir I reckon there is.

= Cross Examined =

Quest. 1. Did you ever hear Norris Crowder say any thing to the Loftis about that road running through the bottom on the South side of the river, if so give as near as you can the conversation; when it occurred and where it occurred. Tell it as fully and accurate as you remember it.

Ans. I heard Norris Crowder say to the Loftis boys here to fore mentioned and on the same evening they came to the river when it was out of banks and wanted me to set them across the river, he told them he would set them over the next morning if they would come back, but they would have to pay him for it. They then told him if he didn't ferry them he could just quit seting people across to that side. He told them if they could stop him it was all right. That that road had been through there long enough that he believed he could hold it or some how that way.

Quest. 2. Did you ever hear Hick P. Loftis or any body else object to the public using or traveling over the road in question, except the time referred to in the question last above?

Ans. No Sir.

Quest. 3. Was there not considerable travel across the river at this point & over the road in question while you lived there?

Ans. Yes. There was right smart traveling done there.

Quest. Was or not wagons, buggies, --illegible-- wagons and all other kinds of vehicles & horses ferried at this ferry while you was there & did they not all travel over the road in question?

Ans. There was wagons, buggies & horsemen (?) but I don't remember any --illegible-- crossing there when I was there.

Quest. Was not a great deal of freight shipped to the Bloomfield ware house while you was there for the neighborhood on the South Side of the river.

Ans. There was some.

Quest. Did not the neighborhood on the South Side of the river ship a great deal of farm produce & live stock on the Steam Boats from this ware house?

Ans. They shipped some from there.

Quest. Did not the people ford the river at this point when the river was low & fordable?

Ans. Yes. Some forded there. Those who lived down below the church when it was fordable there. It was also fordable up at Roses bar about three miles above there.

Quest. 8. Is this ferry & ford not directly on the road to Gainsboro from the big bottom & is not a great deal nearer to Gainsboro from the big bottom than any other road that parties can travel?

Ans. Yes Sir. I suppose it would be. It is a right smart nearer than to go around by Jennings Creek or Walkers ferry.

Quest. Would it not greatly damage and inconvenience the public to annull this road ferry & ford?

Ans. It would put them to a whole lot of trouble in coming to Gainsboro and I suppose that would damage them.

Quest. 10. Did not the public living on the North Side of the river always travel over the road in question in coming to Gainsboro & did not the people living on the South Side of the river desiring to go to the North Side of the river travel over the road in question?

Ans. Yes Sir. They crossed there from both sides.

Quest. 11. Is there a public road leading from the Gainsboro & Celina road to the river from Sugar Creek to the mouth of Roaring River on the South Side of the river except the road in question?

Ans. If there is I don't know it and I don't know whether that is a public road or not.

Quest. How far is it from the mouth of Sugar Creek to the mouth of Roaring River?

Ans. I would guess it to be five or six miles.

Re direct

Quest. State whether or not it is 2 miles from the Loftis place to roses bar going the Gainsboro & Celina road.

Ans. It is two miles I guess or maybe a little further.

Quest. State whether or not a large part of the bottom on the north side of the river is nearer & convenient to cross the river to go to the store and church on the south side also to go Gainsboro, crossing at roses.

Ans. When the river is fordable, it would be near to those living above there and down to what is called Smokey now consisting of a good portion of the bottom.

Quest. Do you know where Tom Speakman runs a ferry just below the one in question.

Ans. Yes Sir.

Quest. Would or not it be convenient for the people in the bottom to cross at the Speakman ferry place as at the one in question coming to Gainsboro.

Ans. I don't know whether it would or not. The bank is bad on the far side.

his

J. D. X Strode

mark

test. W. M. Gailbreath

wit. proviso. 1 day 1.00, 2 ferriages 10 cents

Item 35

Perry Crowder vs. J. M. Loftis et. als.

In Chancery at Gainsboro Tennessee

Deposition of Sylvanus Kirkpatrick witness for defft. taken upon interrogatories on this 2 day of April 1906 at Waco Texas. Neither party being present either in person or by counsel.

Interrogatories to be propounded to Sylvanus Kirkpatrick who resides at Waco, McClelon County Texas, a witness for Defendant in said cause.

Interrogatories by the Defendants.

1st. State your name and age.

Fifty four.

2nd. State where you reside and whether or not your place of residence is over 150 miles from the court house in Gainsboro Tennessee.

Waco. McLennan County TX and which is more than one hundred and fifty miles from the court house in Gainsboro Tennessee.

3rd. State whether you know any of the parties to this suit, if so which of them?

I do not know either. However I may have met them when a boy but can not remember either.

4th. State what relation you are to Albert Kirkpatrick who sold a farm in the 8th Civil District of Jackson County Tenn. to Hickman P. Loftis.

I am (his) the son of Albert Kirkpatrick.

5th. State if you are acquainted with the farm that Albert Kirkpatrick sold to Hickman P. Loftis in the 8th Civil Dist. of Jackson County Tennessee.

I am, or was, up to the time I moved to Texas, 1874.

6th. State whether or not said farm had a boat landing on it by the name of Bloomfield.

Yes.

7th. State who named said boat landing if you know.

I have always understood that my father named the landing.

8th. State who built the ware house at the boat landing called Bloomfield on the Albert Kirkpatrick farm.

I moved from there in Sept. 1874, and I do not remember to have seen a ware house there but have heard that my father put up a building for his own private use.

9th. State whether or not said ware house was built and used for the public or was it built for Albert Kirkpatricks private use.

As above said I no nothing of the so called ware house but am quite sure that any building my father Albert Kirkpatrick built there was for his own private use as I can not recall any other use to which it could have been used.

10th. State whether or not said ware house and boat landing was a public ware house or was it a private ware house and landing.

The landing was a private landing but as above stated I know nothing of the so called warehouse only as stated above but am quite sure that the building was for his own private use.

11th. State whether or not you was acquainted with the road leading from the Gainsboro & Celina road through the bottom of Albert Kirkpatricks to the river at Bloomfield landing, if so, how long was you acquainted with said road, ware house, boat landing and ferry at said place, in about what year did you know it?

I was born on the farm and remember so far back as memory takes me until I moved to Texas. Was well acquainted with the said road and ferry.

12th. State whether or not said road was a public road, or was it a private road owned and controled by Albert Kirkpatrick while you knew it.

It was a private road owned and controled by my father while I knew it.

13th. State who put a ferry in at the Bloomfield landing if there was one while you knew it, if so why was said ferry put there and for whose use and benefit was it put there?

I was too small to remember but have always understood that the boat and canoe was kept there by my father to transfer his horses and cattle across the river to his blue grass pasture.

14th. State whether or not while you knew the Bloomfield landing the ferry was kept up all the time, if not state about how this was.

As well as I can recall my father kept canoe and boat there all the time but I can not recall a summer that the landing was not so private that if my brothers and hire hands could --illegible-- swimming without fear of being molested and of course we were --illegible--.

15th. State whether or not while you knew it the Bloomfield ferry and landing was there not a ferry kept by Tom Speakman at the mouth of Lock Branch, something like a quarter or half mile below the Bloomfield landing.

Mr. Speakman kept a canoe. I cannot recall a boat.

16th. State whether or not while there was a ferry at the mouth of Locks branch that the ferry at Bloomfield landing was abandoned by the public and only used by Albert Kirkpatrick and family.

I do not remember, but am quite sure if there was no family living on the north side of the river for a time the public did not use the ferry, for it was there for his own private use and allowed others to be ferried by the man who lived in the rent house on the north side.

17th. State whether or not during the time you knew the Bloomfield landing and road, didn't your father Albert Kirkpatrick own the land both on the North and South side of the river at Bloomfield landing and used the ferry and road for the purpose of moving his stock from one side of the river to the other.

Yes.

18th. State whether or not during the time you knew the road leading from the Bloomfield landing to the Gainsboro & Celina road was used much or little, if at all, by the public.

Very little by the public.

19th. State whether or not your father A. Kirkpatrick sold goods at the residence on the place he sold H. P. Loftis, if so, was said boat landing and ware house used for the purpose of shipping his goods and farm products.

My father sold goods there when I was --illegible-- a boy and I suppose is why he gave the name to the landing.

20th. State whether or not during the time you knew the Albert Kirkpatrick farm, state whether or not Albert Kirkpatrick controled the ware house, ferry and road through the bottom leading to said ware house.

My father controled the road and ferry and I am sure if he built a building at the river bank he controlled it as he did his other property, crib and smoke house.

21st. State whether or not most every farm on the river in the settlement of the Bloomfield landing did or not each of said farms have a boat landing and road leading from the public Gainsboro & Celina road to said landing which was used by said farm and others who lived back of them off of the river during the time you knew the Bloomfield landing.

Yes.

If you know any other fact which may be of any benefit to any of the parties to this suit please now state such facts fully.

I have plowed many a day in the fields in which we had a boat landing, to the river and with all my --illegible-- have broke down many a stalk of corn on turning at the end of the row next the road above spoken of on account of being so near the fence. I was a clerk on a Steam Boat in the winter of 1871-2 & 1872 and I remember that near all the farmers when they had corn, etc. --illegible-- that it was placed on the river bank at the most convenient place on their farm. Sometimes left open and at others covered.

Silvanus B. Kirkpatrick M. D.

(signature)

Crowell, Hezakiah vs. Presley, Elizabeth et. al.

Chancery 1841

Item 36

Nearly unreadable because of bleed through from the other side of the page.

Hezekiah Crowell, a citizen of Jackson Co. TN, says that on 24 Nov. 1837 he purchased 140 acres of land in Smith Co. TN from Saunder Prestley (sic) who died intestate leaving the following his only children and heirs: Janet (?) Eubanks (?), W. (?) P. Presley, Uiliniums (?) B. Presley, Areny H. Prestly, Ruth E. Prestly, & John P. Prestly, all citizens of Jackson County.

Saunder M. Prestly purchased said land from Joseph Garrett of Jackson Co.

Item 37

Hezekiah Crowder vs. Joseph Garrott & others

On 24 Nov. 1837 Hezekiah Crowell purchased from Sandry Prestly (Presley) a tract of land on Indian Creek of Caney fork containing 140 acres. Prestly purchased the same tract from defft. Garrott. Heirs of said Prestly are minors under the age of 21 years old. Their mother (place for first name is left blank in original) Prestly appointed guardian ad litum.

Item 38

Deed.

Sanders M. Presly of Smith County, TN sells to Hezekiah Crowell of Smith Co. TN for $440 on 24 Nov. 1837 a tract of land on Indian Creek of Caney Fork river containing 140 acres including the house & --illegible-- where Holden Hargeth now lives up the creek above where Elijah Crowell now lives.

Sanders M. Presly (signature)

Dec. 1840 test. Stephen Petty

Item 39

Summons for Elizabeth Presley, guardian of all the minor heirs of Sanders M. Presley, dec'd.

Elva Cullom, Col. vs. Lonzo alias Lon Cullom, Col.

Divorce Suit.

Infant son Saml. Cullom. Accuses husband of adultry with Lize Cornnell alias Lize Gafon (Gifon?), Col. and they have left the county and are living together.

Divorce granted, wife gets custody of child.

Cunningham, James G. vs. Hiram Crabtree

Item 41

The two entered into partnership to retail dry goods and groceries in Centerville about Jan. 1853. Continued in said business for about 22 months. Partnership then dissolved by mutual consent, and remainder of good on hand sold to James Crawford. Crabtree at the start of the partnership was living on his farm, but moved with his family to Centerville about 1 Jan. 1853. Cunningham does not think Crabtree contributed equally to the partnership.

Edwin Price was father in law of Crabtree. Cunningham believes he and Crabtree bought a tract of land with the partnership money.

30 Oct. 1867.

Item 42

31 July 1868.

Henry Cunningham, (colored) aged 39 years.

Crabtree & Cunningham entry (of land) was between the lands of Hiram Crabtree and Edwin Price on the south and the lands of George Miles on the north.

"while you belonged to and lived with James Cunningham."

"Wiley Carter made the boards."

Wiley Carter is dead.

Item 43

Prosecution Bond

Item 44

Depositions of Milly Carter and John J. Miles

Milley Carter aged 36 years.

I am the wife of John Carter who has given a deposition here.

"Quest. Do you not know the fact that your husband John Carter together with others during the late war took off from Crabtree a portion of his personal property and since that time Crabtree has not sued your husband for what he owed him and if you do not know that your husband has been mad with Crabtree every since that time.

Ans. I don't know any thing about my husband taking off Crabtrees property. I have heard my husband talk something about Crabtrees having sued him. If my husband is mad at Crabtree I don't know it. I have not heard him say any thing about Crabtree for a long time till lately in talking about me having to come here to give my testimony."

We lived about 2 1/2 miles from Crabtree during the time Crabtree and Cunningham owned the land in dispute. "During the war" John and Milly moved off and stayed "near one year" and then came back to the same neighborhood.

John J. Miles aged 33 years.

My father employed John Carter to make rails for him about the year 1854 or 1855 or 1856 or some time between 1854 and 1856.

I have lived in the neighborhood where the land in dispute is located all my life except two years.

My father moved to Kentucky.

My father was living at the last account I had of him on Green River in Edmonson Co. KY about 81 miles from Gainsboro.

John Carter lives on John Gist's place on the head waters of Trace Creek in Jackson Co.

Quest. Give names of all the oldest citizens who live and have lived for 20 years or more years near the Mathew (Mathis) line in the neighborhood of the Crabtree creek or within 6 or 8 miles of said line.

Ans. Old Aln. Reaves & old Robert Pesly (?). Old Hawkins Browning.

15 July 1869.

Item 45

Taken at Clay County, Tennessee

Hiram Crabtree and wife Lucinda Crabtree.

J. R. Crabtree and wife Elizabeth Crabtree.

Lucinda and Elizabeth Crabtree are heirs at law of Edwin Price.

H. Crabtree says the only title papers he has for the Edwin Price land are a grant from the State of TN to Edwin Price for 50 acres dated Oct. 1827, No. 7008, also a deed dated 24 March 1835 from Reuben Carter to Edwin Price, also a grant to Edwin Price from the Commonwealth of KY for 50 acres dated March 1835, also a deed from Henry Eakle to Edwin Price for 25 acres dated 13 Sept. 1830, also one other deed from Henry Eakle to Edwin Price dated March 1835, also the Grants for 700 acres and 75 acres as mentioned in original bill, also a deed from Edwin Purcell to Edwin Price dated 24 Jan. 1839, and a Grant from the State of TN No. 2151 to Reuben Carter for 50 acres dated 5 July 1824.

Item 46

12 Dec. 1867.

Matthew Beal age 45 years.

Signed deposition.

Joseph R. Crabtree age 46 years, is a brother in law of Complt. Cunningham and brother of defft. Hiram Crabtree.

Signed deposition.

Henderson E. Herod age 42 years.

I am the son in law of Complt. Cunningham and nephew by marriage of defft. Crabtree.

Signed deposition.

Item 47

Bill of Complaint of J. G. Cunningham.

In 1853 Hiram Cunningham and James G. Cunningham agreed to enter jointly land between lands owned by Edwin Price and said Crabtree and the land of George Miles, for 2900 acres, with combined funds, but Crabtree entered lands in his own name only.

Recently found this out, now demands one half of land.

Item 48

Answer of Hiram Crabtree.

Denies there was an agreement for joint ownership. Filed for land for himself in Dec. 1853, land was patented to him on 28 Aug. 1856. He sold a portion of said land to Edwin Price, now dec'd., about 1857 and later completed (?) about May 1861.

Item 49

Summons and notices.

Cunningham, J. G. vs. Huffines, W. G. et. al.

Chancery 1868.

Item 50

Answer of William G. Huffines to the Bill of Complaint by J. G. Cunningham. Barely readable.

Peter Huffines died insolvent.

L. S. Cherry is now dead.

9 Feb. 1868.

William G. Huffines signed with mark.

Item 51

Bond.

Item 52.

Bill of Complaint.

W. G. Huffines indebted to James G. Cunningham, who wants to attach lands Huffines owns to settle debt.

signature of James G. Cunningham.

Item 53

Injunction Bond.

Item 54

2 Summons.

Cunningham, Smith vs. Cunningham, Samuel

Chancery 1883

Item 55

S.H. & S. T. Cunningham, administrators of Jas. G. Cunningham, deceased.

Transcript for the County Court of Jackson County, Tennessee.

3 Aug. 1874

Order of Probate

Will of James G. Cunningham, deceased, dated at North Spring, Jackson Co. TN 2 Feb. 1874. Witnessed by Wade H. Graves, Alexander Nevill and Jno. M. Warmack.

James G. Cunningham died at his place of residence in Jackson Co. TN.

Give to daughter Margaret Herod 4/7 of the tract of land on which she now lives valued at $4000, also 15 acres of land lying in the south east corner of a 200 acre survey on which Joshua Chapman now lives. This last bequest is given to her instead of side saddle and to make the horse I gave her equal to those of her sisters, further I give her and her husband $1000 in land and money in the farm where Joshua Chapman now lives.

Give daughter Elizabeth J. Tinsley the farm and all the lands on which she now lives and controls together with a little tract that joins the lands of Ezekial Carnahan on the north, all valued at $4000. I also have given her $1000 in money for which I have receipt.

Give daughter Elvira G. Draper $5000 in money all of which she has had except a few dollars. I have only receipt for $2000.

Give to son Joseph A. Cunningham $5000, which I have previously given to him and have his receipt.

Give to daughter Lucinda M. Fowler the tract of land on which she formerly lived at the mouth of Jennings Creek, and a piece of land joining the lands of Jas. W. Lock and heirs. Recognizing the line established by Daniel M. Morgan and myself, also another established by W. H. Graves, Amos K. Tinsley and Howell Williams as commissioners to lay off the line separating it from the lands of Margaret Herod valued (both tracts) at $5000.

To my son S. H. Cunningham $5000. I have paid him $1000 and have receipt for same.

To my son Smith T. Cunningham $5000. I have given him two tracts of land valued at $3500 with the privilege of all profit that might accrue from the sale of said lands. He has since sold said lands to H. H. Herod and Alexander York for $3700, the $200 being his own profit, the right still being vested in me, the notes have been taken in my name but which I want him to take as payment from me for $3500 of my bequest to him.

To my son James B. Cunningham the tract of land on which I now live subject to my widows dower, when he is 21 years old, valued at $4500 including a wild tract of land I bought of Hiram Crabtree, except one acre of land including the grave yard, which I want kept and preserved as a family grave yard. Also I want him to have a horse and saddle, 2 cows and calves, a good feather bed stead and clothing equal to those his brothers and sisters have had. This bequest is to be made at the age of 21 years.

To my grandson Sidney M. Cunningham when he is 21 years old, $1000 and request S. H. Cunningham to act as his guardian.

To my wife Rachel Cunningham a dower for life in the tract of land on which I now live including the mansion house and all out-buildings, also all of the household and kitchen furniture, one years provisions, and all the money and debts owned by me after paying off the bequests not settled heretofore mentioned. Further all the exempt property and all the working tools on the farm and the benefit and control of the whole farm until James B. Cunningham is 21 years old. Also to James B. Cunningham at the age of 21 $500 to make him $5000 equal with the others. S. H. Cunningham to act as his guardian until he is 21 years old.

S. H. Cunningham and Smith T. Cunningham appointed executors. Ask that they close my interest in the store owned by me and Tinsley, and collect the debts. Also sell two small tracts of land, one known as the Holiway place, the other on Odles Fork of Pine Lick Creek.

signature of James G. Cunningham

Inventory of personal property, assets, effects, etc. of estate of James G. Cunningham. Many notes, settlements, and supplemental inventories.

Final settlement 28 Feb. 1884.

P. Tinsley and wife Elizabeth J. Tinsley.

A. W. Draper and wife Elvira J. Draper.

Item 56

Depositions.

Witness S. H. Cunningham says:

Smith Cunningham had been left the state about 2 years. Smith Cunningham went to TX in May of 1878 and came back to TN in Dec. of 1883.

S. T. Cunningham sent a letter from Rheas (?) Mills, Collin Co., TX on Dec. 20, 1880.

W. H. Young known as Henderson Young.

"I was not at John P. Murrays house very often before I got married. I have no recollection of ever being at John P. Murrays office before I got into the family."

S. T. Cunningham vs. S. H. Cunningham

Deposition of J. M. Morgan.

Smith and Sam Cunningham, parties in this suit.

S. T. Cunningham lived in Clay county several years, and moved away to TX.

Deposition of W. W. Draper.

Cross Examination of J. M. Morgan.

Re-examination of J. M. Morgan.

H. P. Loftis, G. B. Murray and S. H. Cunningham have been unfriendly toward each other for a number of years.

Cross Examination of J. M. Morgan.

Deposition of W. H. Young.

44 years old, lives at Gainsboro TN, is a farmer.

Item 57

S. T. Cunningham vs. S. H. Cunningham.

Deposition of S. T. Cunningham.

Taken 2 Aug. 1888 at the dwelling house of S. T. Cunningham in Collin Co. TX.

I came to TX in May of 1878. I went back to TN in Dec. of 1883. I was in TN about a month.

Smith T. Cunningham (signature)

Item 58

Judgement against G. B. Murray, 2 March 1886.

Item 59

M. B. Young Testimony

I was County Judge for Jackson Co. from April 1875 to April 1883.

S. H. Cunningham recalled.

S. H. Cunningham vs. Joshua Chapman et. als.

Decree in favor of M. L. Gore.

S. T. Cunningham vs. S. H. Cunningham.

Deposition of S. H. Cunningham

Age 38 years.

He and his brother qualified as executors sometime in the --illegible-- 1874.

S. T. Cunningham vs. S. H. Cunningham

Report of Master of the Court.

Executors were jointly allowed a fee of $500 in 1877. S. T. Cunningham demanded half of this in Dec. of 1880. S. H. Cunningham seems to have done almost all of the work in settling the estate. The Master decided S. T. Cunningham was not entitled to any other compensation than the $50 and interest heretofore decreed him.

Item 60

Notice of Final Administrators Settlement.

P. S. Tinsley & wife E. J. Tinsley.

Item 61

S. T. Cunningham vs. S. H. Cunningham.

Deposition of S. T. Cunningham, 13 Jan. 1886.

At the dwelling house of Smith T. Cunningham in Collin Co. TX.

Age 34 years.

"Shortly after we taken the business in charge (became executors) S. H. Cunningham moved to Gainsboro and I moved to Butlers Landing, Clay Co. TN.

Item 62

Bill of Complaint of Smith T. Cunningham, a resident of the State of Texas, against Samuel H. Cunningham, a resident of Jackson Co., TN.

Both are sons of James G. Cunningham, who died in 1874 (spaces left for month and date, but are blank.)

Wants half of $500 fee granted to executors.

Item 63

Notice to Samuel Cunningham that deposition of Smith Cunningham will be taken.

Item 64

Legal document. Unsure of what it is. Bond?

Item 65

M. L. Gore says he has no interest in any of the matters of litigation in said case.

Item 66

Amended answer of S. H. Cunningham in the case of S. H. Cunningham heirs against M. A. Herrod and M. A. Herrod against S. H. Cunningham.

Item 67

S. H. Cunningham vs. M. A. Herrod and M. A. Herrod vs. S. H. Cunningham

March 26, 1883.

Item 68

S. H. Cunningham vs. M. A. Herrod and M. A. Herrod vs. S. H. Cunningham.

Bill and Cross Bill exceptions.

Item 69

S. H. Cunningham vs. M. A. Herrod and M. A. Herrod vs. S. H. Cunningham.

Witness Newton Moore age 59 years.

Item 70

Answer of S. H. Cunningham to Cross Bill of Complaint of M. A. Herrod.

Item 71

Answer of Samuel H. Cunningham to Cross Bill of Margaret A. Herrod.

Item 72

S. H. Cunningham vs. Margarett A. Herod.

Amended and Supplemental Answer to Bill to foreclose mortgage and amended Cross Bill.

A. F. Kirkpatrick has removed lately from Jackson Co. TN to the State of Texas.

In the year 1875 or thereabouts a mercantile business was commenced in Gainsboro, Jackson Co., TN which was familiarly known at the Stock Store, but the proper firm name was M. L. Gore & Co. This firm was originally comprised of M. L. Gore, G. C. Jorden, S. H. Cunningham, A. F. Kirkpatrick, John S. Quarles, H. H. Hix and J. T. Anderson.

J. T. Anderson was, for a time, the book keeper. Anderson sold out his interest in 1875. A. F. Kirkpatrick then became the book keeper. The firm carried on business until 1878. A short time after Anderson left, Hix and Quarles left also.

Sam Chapman failed financially.

M. A. Herod is sister of S. H. Cunningham. She is a widow with several orphan children. Sam Chapman had lived with her on her farm. He was her son in law. Chapman had been at Nashville gambling. Sam was a brother of Wash Chapman.

30 March 1882

M. A. Herod (signature)

Item 73

Accounts of M. A. Herrod and Samuel Chapman with M. L. Gore & Co.

Item 74

Response of S. H. Cunningham

Admits complt. is a widow with orphan children, but "they are to years of maturity."

Denies they are dependent for house and bread on her. They have an estate of their own.

"Samuel Chapman was borned and raised poor and never was in his right the owner of property of any consequence."

Item 75

Answer of Margarett A. Herod to the Bill of Complaint of Samuel H. Cunningham filed 16 Sept. 1879, against her.

her son James Herod.

Item 76

Bill of Complaint of Samuel H. Cunningham against Margaret A. Herod.

Item 77

Mortgage by Margaret A. Herod to Samuel H. Cunningham for land in the First Civil District of Jackson County, TN, on the north side of Cumberland River, joining Vance C. Lee, James K. Buchanan (?), Howard H. Herod, and "the lands I know as the J. W. Loct (?) farm."

16 Feb. 1878.

Item 78 - 81

Notices of C. & M. taking proofs and depositions.

Item 82

Excepts to the report by the C. & M. by S. H. Cunningham.

Item 83

Notice of Deposition.

Item 84

S. H. & S. T. Cunningham, Executors of James G. Cunningham vs. G. B. Murray, atty. & c.

15. Feb. 1887.

Deposition of S. H. Cunningham, 38 years old.

Items 85 & 86

Notices to G. B. Murray that a Judgement will be placed against him for money he collected for S. H. and S. T. Cunningham, Executors.

Item. 87

Answer of S. H. Cunningham to the Bill of Complaint of Smith T. Cunningham.

Item 88

Samuel Cunningham & Smith Cunningham, Adm. of James G. Cunningham, decd. vs. Morris Grendstuff, Allen Davis, Robert Davis, John Henderson, and Noah Marshall.

Jackson County Court House burned 14 Aug. 1872 and burned judgement in this case.

Item 89

S. H. Cunningham vs. Margarett A. Herod and Margarett A. Herod vs. S. H. Cunningham, et. al.

Cross Bill.

Deposition of Margarett A. Herod.

S. H. Cunningham is my brother.

Sam Chapman married my daughter. He is dead, he died in March of 1882.

S. H. Cunningham filed his bill to foreclose on 16 Sept. 1879. I had been a widow about 9 years and my father had been dead 4 or 5 years.

Sam Chapman lived at the home of M. A. Herod 1874, 1875, 1876, and most of the year 1877.

Sam Chapman was trading in stock and produce. He was engaged in the logging business and got out several rafts and shipped them off.

I think Sam Chapman was an extravagant man.

Chapman left my house 1 Jan. 1878.

Cross Examined

D. R. Buckman (?) (Buchanan?) and his son James Trobaugh (?)

my son James Herrod.

During the time Sam Chapman lived with me, four of my unmarried children lived with me--Wade, James, Dona, Bee, and Gipson a portion of the time.

I sent Wade to school at Knoxville a part of a session.

Re examined

S. H. Cunningham is the son in law of John P. Murray and is the brother in law of G. B. Murray.

Deposition of Wade P. Herod, aged 25 years.

I am the son of M. A. Herod.

No date on document.

Item 90

Geo. H. Morgan, Deposition, Feb. 1884.

42 years old, a lawyer.

Was a Clerk in the Transportation Dept. of the Army of Tennessee, Confederate States Army, during "the late war" where he served about 2 years.

Since the was, he has been a Deputy Circuit Court Clerk, Attorney General of the 5th Judicial District of the State for a term of 8 years and he served a term in the State Senate, and as Speaker of the Senate.

He has been a practicing attorney since the year 1878.

He is well acquainted with A. F. Kirkpatrick and G. C. Jordan. He has known them for 20 odd years.

He knows the general character of M. A. Herod and it is very good.

Sam Chapman had good credit during the time he lived with M. A. Herod.

Cross Examined

A. F. Kirkpatrick boarded with me for some time.

Dr. G. C. Jourdan.

Armonett F. Kirkpatrick.

Sam Chapmans brothers , Wash and Josh Chapman.

Re examined.

M. A. Herod is a member of the Church of Christ.

Item 91

M. A. Herod vs. Sam Chapman.

Report.

It appears that Sam Chapman and M. A. Herod formed a partnership in the spring of 1873. There were no written articles or specific agreement, but he took charge of the farm. This continued until Feb. 1878. Sam Chapman and M. A. Herod borrowed $620 at 10% interest from S. H. Cunningham on 9 Dec. 1876. Additionally, Cunningham held a note for $295 for 2 mules. Chapman and Herod owed Cunningham $1064.97 from the Stock Store account. M. A. Herod secured the debts by a mortgage on her farm. Various notes, credits, and debts leave Sam Chapman owing M. A. Herod $479.95.

"The Clerk and Master would respectfully report to the Court that in this cause the proof is the most complicated and uncertain that he has ever examined . . ."

Item 92

Andrew Chapman vs. M. A. Herrod and Saml Chapman.

Motion.

Item 93

Andy Chapman vs. M. A. Herod

Cause Dismissed.

Item 94

M. A. Herod vs. Andy Chapman and Sam Chapman.

Deposition of L. H. McCarver, 8 Jan. 1881.

Age 68 years.

"When the first note was given for the mules Samuel Chapman told me he would give me M. A. Herod for security but said not say any thing about that. She had a son sorter Prodical (sic) and she did not want to vouch for him and he might not like it if he knew she had gone his Security."

Cross Examined.

L. H. McCarver (signature)

Item 95

H. H. Herod Deposition.

33 years old.

M. A. Herod is my mother and S. H. Cunningham is my uncle.

During the time Sam Chapman lived with my mother (1875 - 1877) I lived on an adjoining farm most of the time. I lived nearly a year in one room of her house during that time.

Item 96

Witness Alex. E. Eaton.

I lived at the house of Col. John Murray during the month of Feb. in 1878.

S. H. Cunningham is a son in law of Col. Murray.

A. E. Eaton (signature)

Item 97

Witness Margaret A. Herod

Rebuttal and Cross Examination, Sept. 1885.

Item 98

S. H. Cunningham vs. M. A. Herrod and M. A. Herrod vs. S. H. Cunningham.

Item 99

S. H. Cunningham vs. M. A. Herod

Deposition of Gipson T. Herod, 1 July 1886.

M. A. Herod is my mother and S. H. Cunningham is my uncle.

Has a wife.

Doesn't own any land now. Is living on his mother's land.

36 years old.

Item 100

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Original Bill and Cross Bill.

Report.

Item 101

S. H. Cunningham vs. M. A. Herod.

Petition for Rehearing.

Item 102

S. H. Cunningham vs. M. A. Herod and others.

Bill to foreclose mortgage, 2 Oct. 1885.

Item 103

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Original and Cross Bill.

Exceptions.

Item 104

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Reply to exceptions.

Item 105

S. H. Cunningham vs. M. A. Herod

Re hearing granted.

Item 106

Notice of taking proofs.

Item 107

S. H. Cunningham vs. Margarett A. Herod and Margarett A. Herod vs. S. H. Cunningham

Questions to be asked of Amonett F. Kirkpatrick of Dallas, Dallas County, Texas.

Item 108

S. H. Cunningham vs. M. A. Herod

Deft. exceptions to report.

Item 109

Witness T. P. Myers

Sam Chapman and M. A. Herod lived together as one family 4 or 5 years. They dissolved about 1878. While Sam lived there, they ran the farm together, and Sam Chapman was the General Superintendent. I lived about one mile from them.

T. P. Myers (signature)

Item 110

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Bill and Cross Bill.

Exceptions to report by M. A. Herod.

Item 111

S. H. Cunningham vs. M. A. Herod

Legal maneuver.

Item 112

Summons for account book.

Item 113

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Exceptions by S. H. Cunningham to the deposition of A. F. Kirkpatrick.

Item 114

M. A. Herod vs. Samuel Chapman.

19 July 1879.

Deposition of Samuel H. Cunningham and Cross Examination and Re-examination.

Item 115

Samuel Chapman Deposition.

I went to Mrs. M. A. Herods to live in the Spring of 1872.

Item 116

Testimony of Aslery W. Draper

A. W. Draper (signature)

Item 117

Testimony of William Speakman.

Signed with a mark.

Item 118

Appeal of Judgement against M. A. Herod by Andy Chapman.

1 Jan. 1880

Item 119

M. A. Herod vs. Sam Chapman.

Asks for proof and report of case.

Item 120

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Bill and Cross Bill.

Legal maneuverings.

Item 121

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Exceptions by S. H. Cunningham.

Item 122

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Deposition of J. W. Herod.

M. A. Herod is my mother.

I lived with my mother during the time that Samuel Chapman lived at my mother's farm.

Sam Chapman married into the family in the year 1872 and stayed there until Jan. 1878 or 1879.

In 1876 we left to go to school.

J. R. Hoover was teaching school in Gainsboro.

I went to school to Hoover about 12 months.

J. M. Herod (signature)

Item 123

Sam Chapman account with M. L. Gore & Co.

Item 124

2 summons.

Item 125

8 notes (I. O. U.'s)

Item 126

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Original Bill and Cross Bill.

Answer to exceptions.

Item 127

S. H. Cunningham vs. Margarett A. Herod and Margarett A. Herod vs. S. H. Cunningham.

Bill and Cross Bill.

Exceptions.

Item 128

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham.

Deposition of S. H. Cunningham.

Chapman had no real estate in his own right.

M. A. Herod is the owner of valuable real estate.

Sam Chapman was not extravagant. His family was small, only a wife and one child.

Mrs. Herod's 2 daughters and 2 sons were all about grown.

M. A. Herod has been a widow since 1868 or 1869. She was bet. 45 and 50 years old when she gave the mortgage.

Cross Examined.

Item 129

Bill of Complaint of S. H. Cunningham against Jack Herrod and Joshua Chapman

Joshua Chapman owes S. H. Cunningham $1000 for notes and Jackson Herrod owes Joshua Chapman $700 or $800 for land he purchased.

13 Aug. 1881. Supplemental bill filed.

Item 130

S. H. Cunningham vs. M. A. Herrod and others

Bill to Foreclose Mortgage, 1 Oct. 1885.

Mortgage made Feb. 1878.

Answers to Exceptions.

Mortgage is legal, not fraudulent.

M. A. Herrod must pay store account.

Item 131

Announcement of depositions to be taken.

Item 132

Store account

Item 133

S. H. Cunningham vs. Margarett A. Herod and Margarett A. Herod vs. Saml H. Cunningham

Original Bill and Cross Bill.

Deposition of Saml. H. Cunningham, 28 Jan. 1884.

Age 35 years. "my wife G. B. Cunningham."

Witness William Stephen, age 43 years.

William J. (?) Stephen (signature)

Witness V. C. Lee, age 62 years.

"Sam Chapman had plowed up Howard Herrod's corn. I said to her I would not have plowed up Howard Herrods corn, that she had enough land without it, then she said I cannot run this farm by herself. She said I have offered to Howard and the other children the same proposition and they won't do it. Then I said how are you and Sam Chapman running the farm. She said I furnish the land and he runs it and we divide the profits. She said the rest of the children shall not bother you (Chapman.) This was before Howard Herod sold his land and a few days after his corn was plowed up."

V. C. Lee (signature)

Witness W. H. Patterson, age 40 years.

I live within 1 1/4 miles of M. A. Herod.

Wm. H. Patterson (signature)

Witness James Troburgh, age about 51 years.

I worked for Sam Chapman and M. A. Herod for about 2 years. My brother did also (not named.)

Signed with mark.

Item 134

S. H. Cunningham vs. M. A. Herod

M. A. Herod gives reasons why she is not ready to go to trial.

Item 135

S. H. Cunningham vs. M. A. Herod

March, 1887

Legal maneuvers.

Item 136

S. H. Cunningham vs. Margaret A. Herod

Application to ammend the cross bill and answer to complainants original bill.

Item 137

Bond (?)

Item 138

S. H. Cunningham vs. Margaret Herod and Margaret Herod vs. S. H. Cunningham

Original Bill and Cross Bill.

Interrogations filed 23 July 1885

Amonett F. Kirkpatrick of the City of Dallas, County of Dallas, State of Texas.

Answers not included.

Item 139

S. H. Cunningham vs. M. A. Herrod

Witness M. L. Gore.

Sallie Chapman wife of Sam Chapman.

Item 140

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

7 July 1885.

Sallie Chapman deposition.

I am the widow of Sam Chapman.

My father's tombstone was bought in Jan. of 1873 in Nashville.

I was married 16 April 1872.

Her father in law was not dead at the time her father's tombstone was bought.

I am a daughter of M. A. Herod.

Saml. Chapman could not write.

Sallie E. Chapman (signature)

S. H. Cunningham vs. M. A. Herod & M. A. Herod vs. S. H. Cunningham

21 Aug. 1885.

Cross Examination of Sallie Chapman.

James Herrod, her brother, is about 25 years old.

Item 141

M. A. Herod says Newton Moore is indebted to her, 1 Nov. 1878.

Item 142

M. A. Herod vs. Sam Chapman

Compromise filed 21 Sept. 1881.

Sam Chapman agrees he owes M. A. Herod $450.

Item 143

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham, et. al.

Original Bill and Cross Bill.

22 Nov. 1883.

Order to the Clerk and Master to take proofs.

Item 144

Samuel Chapman and wife Sally Chapman vs. S. H. Cunningham

Handwriting in document is very, very hard to read.

Henderson E. Herod has died in Jackson Co. TN.

Wade Herod, James Herod, Laura Bell Herod and Dona Herod are minors and have no guardian.

Gipson Herod and H. H. Herod have reached maturity (?).

Alice Chapman is the wife of Joshua C. Chapman.

Document is about dividing up property of deceased.

Item 145

Sallie E. Chapman vs. Gipson Herod et. als.

March 1880.

Henderson Herod died in Jackson County, TN leaving Margaret A. Herod as his widow and the following as his only children and heirs at law: Sallie E. Chapman, Gipson Herod, Wade P. Herod, Alice Chapman, James W. Herod, Laura Bell Herod, Dona Herod and H. H. Herod.

Item 146

Sheriff is ordered to restrain M. A. Herod from cutting timber on disputed land.

Item 147

Samuel Chapman and wife vs. M. A. Herod and others

Objections to bill by defendants.

Item 148

Answer of M. A. Herod to cross bill of Samuel Chapman filed 26 Sept. 1878.

Item 149

Half of pages are torn off.

Something about notes and other property involving Sam Chapman, Feb. 1878.

Item 150

S. H. Cunningham vs. M. A. Herod

Complainants objections.

Item 151

Answer of Margaret A. Herod to the Bill of Samuel Chapman and his wife Sallie E. Chapman.

She is the widow of Henderson E. Herod, and the daughter of J. G. Cunningham.

Item 152

Samuel A (?) Chapman and Sally E. Chapman vs. Gipson T. Herod and others.

Item 153

Sallie E. Chapman, Samuel Chapman, S. H. Cunningham vs. G. T. Herod and others

Demurrers to petition.

Item 154

Samuel Chapman and wife vs. Margaret A. Herod and others

A. Jack Herod (Colonel).

Joshua Chapman and wife live in Clay Co. TN.

Item 155

Samuel Chapman and wife vs. Gipson Herrod et. als.

Answer of Defendants.

Item 156

Petition of Samuel Chapman and wife Sally Chapman

Handwriting very difficult to read.

Item 157

Answer of Wade P. Herod to the Bill of Complaint of Samuel Chapman and Sallie E. Chapman

his mother M. A. Herod.

Item 158

Samuel Chapman and wife vs. M. A. Herod et. als.

M. A. Herod not ready to go to trial.

17 March 1881.

Item 159

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Witness D. R. Buchanan.

Worked for Mrs. Herod and Chapman in the year of 1876 or 1877. Worked at carpenter's trade. I repaired the dwelling house and barn. I worked off and on some 6 or 7 months.

Marian Buchanan (relationship not given) worked on the house nearly all the time I worked there and Trobaugh worked there some 4 or 5 days.

Cross examined and re-examined.

David R. Buchanan (signature)

Item 160

David R. Buchanan.

Re-crossexamined.

I lived on the land at the time James G. Cunningham bought it.

Item 161

Sallie E. Chapman and Samuel Chapman vs. M. A. Herod and others.

All parties settled their differences and asked that suit be dismissed. Suit dismissed.

Item 162

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Bill and Cross Bill

Exceptions by S. H. Cunningham to Master's Report.

Item 163

Deposition of M. L. Gore, 22 and 23 Feb. 1884.

Age 43 years.

Member of the firm of M. L. Gore and Co.

Item 164

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Cross Examination of M. L. Gore.

Item 165

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Original Bill and Cross Bill.

Report by the Clerk and Master.

Item 166

S. H. Cunningham vs. M. A. Herod

Exceptions to report by Complt.

Item 167

Samuel H. Cunningham vs. M. A. Herod

Exceptions to report by Defft.

Item 168

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Witness W. H. Quarles

Re-examination

W. H. Quarles (signature)

Item 169

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Deposition of H. W. Williams, 25 Aug. 1885.

I am the Clerk and Master of the Chancery Court of Jackson County, TN, and have been ever since 10 Jan. 1877.

Item 170

S. H. Cunningham vs. Marget (sic) A. Herod

Notice.

Item 171

Deposition of M. B. Young.

I lived in Gainsboro all the time from Jan. 1, 1875 to Jan. 1, 1878.

Cross Examined.

Deposition of D. W. Hawes, age 69 years.

I was a merchant.

Daniel W. Hawes (signature)

Deposition of M. G. Butler.

I am a practicing attorney at this bar and have been for about 12 years.

M. G. Butler (signature)

Deposition of N. B. Young, age 40 years.

I am an attorney at law. I am now Post Master at Gainsboro TN and also a Justice of the Peace for Jackson Co. TN. Have been Post Master for about 12 years.

29 Feb. 1884.

Deposition of James T. Anderson.

I was a partner in the firm of M. L. Gore & Co. from early in the spring of 1875 till 20th (?) Nov. of that year.

Item 172

M. A. Herod vs. Sam Chapman & Sam Chapman vs. M. A. Herod

Bill and Cross Bill.

Further report required.

Item 173

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Bill and Cross Bill

Court Orders.

Item 174

S. H. Cunningham vs. M. A. Herod & others and M. A. Herod vs. S. H. Cunningham

Notice

Item 175

M. A. Herod vs. Samuel Chapman

Final Decree

Compromise. Complainant should recover from Defft. $450 and costs.

Item 176

Answer of Samuel Chapman to Bill of Complaint of M. A. Herod

27 Sept. 1878.

Item 177

Witness Z. Van Hooser.

In the year 1877 I was engaged at the Roaring river Mill as superintendent.

Z. Van Hooser (signature)

Item 178

S. H. Cunningham vs. Margarett A. Herod and Margarett A. Herod vs. S. H. Cunningham

Original Bill and Cross Bill.

Answers to Interrogatories of A. F. Kirkpatrick.

35 years old, a merchant in Dallas TX.

At Gainsboro TN I was a partner of M. L. Gore & Co., I think from 1875 to 1878. J. C. Jordan and myself were the book keepers of the firm from 1875 to 1877.

A. F. Kirkpatrick (signature)

Item 179

S. H. Cunningham vs. M. A. Herod and M. A. Herod vs. S. H. Cunningham

Original Bill and Cross Bill.

Notice.

Item 180

S. H. Cunningham vs. M. A. Herod

Bill and Cross Bill

Notice.

Item 181

M. A. Herod vs. Sam Chapman et. al.

Report.

Item 182

M. A. Herod vs. Samuel Chapman et. al.

Deposition of William Stephens, 10 Nov. 1879.

Age 37 years.

I lived on Mrs. Herods farm 4 years.

Cross Examined.

Re-examined.

William M. Stephens (signed with mark)

Deposition of H. H. Hix, 32 years old.

Cross Examined.

H. H. Hix (signature)

Deposition of John V. Minor (?), age 45 years.

J. V. Minor (Missor?) (signature)

Deposition of Joshua Chapman.

I am a brother of the defendant.

Deposition of M. L. Gore.

Cross examined.

Item 183

M. A. Herod vs. Samuel Chapman

Report.

Item 184

Bond.

Item 185

M. A. Herod vs. Samuel Chapman and others

Notice.

Item 186

M. A. Herod vs. Sam Chapman

Report.

Item 187

M. A. Herod vs. Samuel Chapman

Compromise.

Samuel Chapman will pay M. A. Herod $450 plus court costs.

Item 188

M. A. Herod vs. Sam C. Chapman & others

Notice.

Item 189

M. A. Herod vs. Sam Chapman & others

Notice.

Item 190

M. A. Herod vs. Sam Chapman

Bond.

Item 191

M. A. Herod vs. Sam Chapman and Sam Chapman vs. M. A. Herod

Bill and Cross Bill

Announcement.

Item 192

M. A. Herod vs. Saml. Chapman et. al.

Notice.

Item 193

M. A. Herod vs. Sam Chapman & Sam Chapman vs. M. A. Herod

Bill and Cross Bill

Defft. asks that previous report be set aside as incomplete and asks that further proofs be taken.

March 10, 1880.

Item 194

Margaret A. Herod vs. Samuel Chapman & Samuel Chapman vs. M A. Herod

Bill and Cross Bill

Exceptions by Sam Chapman to report by Master.

15 March 1881.

Item 195

M. A. Herod vs. Sam Chapman

Order.

Exceptions by M. A. Herod to report of Master are well taken.

Report should be set aside.

Item 196

M. A. Herod vs. Sam Chapman

M. A. Herod presents exceptions to report.

Item 197

M. A. Herod vs. Samuel Chapman

Deposition of Samuel Chapman, 8 Sept. 1880.

Item 198

M. A. Herod vs. Sam Chapman

Notice.

Item 199

Sheriff ordered to attach assets of Sam Chapman, pending outcome of law suit.

Item 200

M. A. Herod vs. Samuel Chapman

M. A. Herod requests attachments of property of Sam Chapman.

9 Feb. 1978.

Item 201

The answer of Sam Chapman to the Bill of Complaint of M. A. Herod.

Item 202

Answer of M. A. Herod to the Cross Bill of Samuel Chapman.

Sam Chapman is a son in law of M. A. Herod, having married her daughter Sallie Herod in the year 1873 and after his marriage with said Sallie, he lived and resided with M. A. Herod at her house and on her farm from the date of his marriage until in Feb. 1878.

Item 203

M. A. Herod vs. Samuel Chapman

Deposition of M. A. Herod, 28 Aug. 1879.

Sam Chapman married my daughter, and lived at my house commencing in April of 1872 and continued to live there until Jan. 1878. He commenced managing my business in the year 1874 and continued until he left in Jan. 1878.

There were eight shares in the land. Samuel Chapman's wife was entitled to one share. Chapman talked of buying Joshua Chapman's wifes share but did not. The other shares belong to Gipson Herod, Howard, the two Chapman wives, Wade P., James W., Lora B., and Dona L. Herod.

My brother Joseph Cunningham.

Re-examination.

End of film.


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Jackson County Coordinators
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