Jackson Co., TN Loose District/Chancery Court
1870-1893 Papers Reel #66
DEWITT-DOW

Genealogical Abstracts by Mary Lu Johnson

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. Testimony in order filmed, names as spelled in Court transcripts. If you use Edit/Find function, try different spellings.

DEWITT, A. W. & others

vs

BUTLER, THOS. H. & others

GRAY ESTATE SETTLEMENT

[Synopsis: William Gray died 14 Jun1852-March 1856, left a will. His son Samuel S. Gray inherited the majority of estate. Samuel was killed by Erasmus Stafford in late 1862 without having paid his father's bequests; left outdated will, 35+ years in court.

1850 U.S. Census, Jackson Co., TN lists in Sistler's printed Index:

GRAY, William 82, Polly 65, Samuel 22, William C. GAINS 18, Ireland/NC, J-3-317.

GRAY, William 43, Manerva 42, James 15, John 13, George 11, William J. 6, Sidney 3, TN/TN. J-579-399 - mlj].

[First document in this case involves Clerk & Master's report on references made to the September term 1893, regarding an accounting of assets and debts, and an order to determine which heirs received what portion, and who their attorneys were].

September Term 1893, Jackson Co., TN, C & M's report:

M. J. Lee, now M. J. Wilson, heir of S. S. Gray, a minor at his death.

Jeremiah M. Maxwell was guardian of Martha J. Lee.

R. A. Cox, former Clerk & Master of Jackson Co., had cash on hand 19 March 1878.

J. M. Maxwell was holding $369.97.

M. G. Butler, Receiver held sum of $867.20, responsible for renting out land.

After all expenses, cash and notes total $2001.42; one-half due M. J. Lee.

[Signed]A. W. DeWitt, Administrator.

EXPENSES INCLUDE: Taking Depositions of M. G. Butler; J. T. Anderson; H. H. Loftis; G. B. Murray; J. D. Goodpasture, solicitor for Martha Lee; J. W. McHenry, solicitor for Martha Lee; E. L. Gardenhire, solicitor for Martha Lee.

Briefly mentioned a case vs T. G. MYERS, etal resulted in receiving $50 from H. H. CASON, Admr.

Paid Elizabeth Myers $18.00 on her distribution share.

Taxes paid to B. A. Butler

Paid to H. W. Williams [former] Clerk & Master; credit allowed him and G. H. Morgan.

M. G. Butler as Receiver rented part of land in 1877 to Washington Chapman, Joshua Chapman as Security, took note dated 15 Nov 1877 "at the time note taken, was entirely good...when due said Wash & Joshua Chapman totally insolvent". Joshua Chapman now dead, but Wash Chapman now good and solvent".

Paid A. M. Pickett, Solicitor of Gray heirs through Washburn & Cason, Has receipt of J. M. Morgan, present C & M.

15 Sept 1891 Washburn & Cason, a firm of Merchants in Gainesboro, borrowed $300 of estate funds of S. S. Gray, note signed by H. H. Cason.

Controversy between H. W. Williams, former C & M and M. L. Gore and S. G. Gore as to amount for which the latter are liable on account of their Long Branch tract of land.

H. W. Williams, C & M found $131.98 in Minute Docket K, p 444, due from Chapmans of $131.98; MRS. Chapman having interest in the Gray estate. Mentions Minute Docket H pps 508 & 516; Minute Docket I pps 33 and subsequent pages report on land sale.

J. M. Morgan, C & M

[Signed] L. K. ________th DC&M

 

BILL OF COMPLAINT: THOMAS H. BUTLER, Administrator in will annexed of Samuel S. Gray, Complaint dated 1 October 1870 vs Daniel M. Morgam, James W. Draper, David Myers, Elizabeth Myers, Bendamin Chapman & Wife Angeline Chapman, Joshua Anderson, all of Jackson Co., Tennessee; George W. Gray, Sydney S. Gray, Johan A. White, M. J. Gray of Macon Co., Tennessee; Jerry M. Maxwell & Martha Lee of Overton Co., Tennessee; John Gray, Richard Gray, James Gray, L. B. Gray, non-residents of Tennessee, residing parts unknown.

Samuel S. Gray departed life in Jackson Co., TN December 1862, published last will; after long contest probated in Circuit Court of Jackson Co., TN March 1868; was not contested, remains in full force.

Daniel M. Morgan and James W. Draper were appointed Admrs pendente lite [administrators during pending suit]. Your orator Thomas H. Butler was appointed Administrator, asks Morgan & Draper to give accounting of estate in their hands.

Samuel S. Gray devised specific legacy of $1,000 to Thomas H. Butler and rest of his estate to defendant Martha Lee who is a minor; J. M. Maxwell her regular guardian - and one John Anderson who died without issue, before the Testator [S. S. Gray]. Although he has been dead for years, no one can be procured to administer on his [John Anderson] estate "Defendant Elizabeth Anderson is the mother of said deceased, John Anderson, who was a reputed illegitimate child of the said Samuel S. Gray, deceased". The personal estate of Samuel S. Gray has nearly been exhausted in payment of debt.

Estate of said deceased indebted to Wm H. Botts by judgment on 8 March 1870; to John V. Minor; Jefferson Roberts; John Foler; Aleijah C. Dixon by judgment; Samuel Johnson by judgment.

Suits now pending in Circuit Court of Jackson Co., in security for Bailey P. McClellan, Constable, may be others.

Samuel S. Gray died seized of large tract of land devised to him by his father William Gray in District 1 of Jackson Co. on both sides of the Roaring River bounded by heirs of land of John M. Burris & Mounce Gore & by Daniel M. Morgan's land it being the place William Gray lived and died and where Samuel S. Gray died. Asks Court to sell lands, determine interest of Martha Lee and John Anderson. Other defendants herein mentioned are half brothers and sisters and children of each, of said Samuel S. Gray deceased...in will left no special legacy to any of them. Precise relation to each your orator is not able to state, and asks this be disclosed in their answers. If entitled to anything, would be due to John Anderson, decd having lapsed. The father and mother of said Samuel S. Gray both died prior to the death of Samuel S. Gray.

[Signed] John P. Murray & Geo H. Morgan, Solicitors

AFFIDAVIT: GEO. H. MORGAN as attorney of Complainants states those mentioned as non-residents of Tennessee are so "to the best of his knowledge and belief".

R. A. Cox, C & M 10 Oct 1870

[Signed] Geo H. Morgan

ANSWER: THOMAS H. BUTLER to Cross Bill of Complaint of Martha J. Lee by her guardian J. M. Maxwell. Respondent states Court should decide whether specific legacy to John Anderson lapsed...M. J. Lee not entitled to it by survivorship. Respondent states specific legacy of $1000 bequeathed to him by Samuel S. Gray deceased is a charge upon the whole estate...should be first paid.

[Signed] John P. Murray and Geo H. Morgan, Sols for Respondent Butler

 

22 Oct 1873 TO SHERIFF OF JACKSON CO., TN

James W. Draper and Daniel M. Morgan, Administrators of Samuel S. Gray deceased received judgment against William Gore & T. H. Butler on 24 Feb 1866 of $37.27 before W. M. McCue, then J.P. Said T. H. Butler since appointed Administrator, still unpaid, show cause.

E. C. Stamps, J. P.

Wit: Elijah Stamps, J.P.

 

ORDER TO CLERK & MASTER to take proof of income and debts, including rent accounts.

1869 portions of land rented to: Vance C. Lee, J. H. Norris, Laban J. Loftis, John Chapman, Calip Lemons.

1870 portions rented to: Jane [or James] ?Tresdale, V. C. Lee, Calep Lemons, Benjamin Smith, J. H. Norris.

1871: V. C. Lee, J. B. Dudney, A. J. Norris, Ben Smith, Calep Lewis, J. H. Norris.

1872: A. J. Norris, V. C. Lee, Loudon [or Landon] Robbins, Calep Lewis, Samuel Reed..

[Report of rents collected follows on film].

[Signed] R. A. Cox, C & M

 

REPORT OF R. A. COX, C & M:

Value of professional services rendered by Cox & DeWitt and William H. Botts on behalf of said estate.

Prosecuting Suit vs T. K. Harris before J.P.

3 Suits of D. A. Rawley vs Draper & Morgan

Services rendered Adm vs J. L. Maberry before J.P.

Suit vs T. M. Price

Suit vs WM Stafford

Suit vs D. A. Rawley

Suit vs J. L. [or J. S.] Maberry

Prosecuting R. Stafford for murder S. S. Gray, Cir Ct.

Suit Circuit Court vs F. M. Price

Defending Admr suit of Mahaney & Jordan

[Individual charge for each action given on film] Total $698.40

 

LIEN DECLARED ON RENTS due Martha J. Lee for services of James W. McHenry, E. L. Gardenhire & J. D. Goodpasture, attys & Sols. for said ward

[Signed] R. A. Cox, C & M

 

OBJECTION TO C & M REPORT allowing $45.00 with interest to DR. S. F. Murray, sum to Geo. H. Morgan, an attorney in the case of State of Tennessee vs Erasmus Stafford, and the [smear] of Job M. Morgan.

[Signed] Gardenhire & McHenry, Solicitors for Martha Lee

 

COURT ORDER 4 May 1857, Gainesboro, Jackson County, Tennessee:

A. W. DeWhatt [sic] Judge, case of David Myers, Sols vs Sam S. Gray, Executor of William Gray, deceased, must file estate inventory.

 

February term 1857,

ELIZABETH MYERS, DAVID MYERS, BEN CHAPMAN, ANGELINA CHAPMAN, Divizes [devisees] of William Gray, decd...inventory not accurate. State quantity Corn, wheat, rye, oats, fodder, blacksmith tools, pots, ovens, skillets, other kitchen furniture & provisions, note on William Gray Junr, many other articles of value not mentioned.

 

18 March 1880 beforeHon. Wm G. Crowley, Chancellor

R. A. Cox, surviving co-partner late firm of Cox & DeWitt, lists cash and notes:

1853-1869:

James Gentry's receipt embracing following unsatisfied debts:

Note on Bailey P. McLelland, J. R. Stamps, J. J. Stamps & E. C. Stamps.

Note on Balie P. McLelland, J. R. Stamps, Labon Loftis.

Note on B. P. McLelland, Fox Chaffin.

Note on David A. Rawley, Benj Chaffin & J. P. Phillips.

Note on J. L. McHaney, L. C. Hall & T. H. Butler.

Note on Francis M. Price, Allen Forkum & Benj. Chaffin.

Benj Roberts rcpt 1 note on Samuel H. York, David A. Rawley, A. Hare.

Jefferson Roberts receipt for note on John T. Smith, Z. Vanhooser,

and S.F. Murray.

Jefferson Roberts rct note on William [?] McCue & W. H. Botts.

Jefferson Roberts rct note John H. Denton, Wm ?H. Denton, B. A. Smith

and T. H. Butler.

Note on William Gore & T. H. Butler.

Note on T. G. Settle, T. H. Butler & S. F. Murray.

William C. Purcell rct for 1 note on James C. Waller, T. H. Butler & ?Ansel Duncan.

Note on Eliza Cox & Wm H. Botts.

James Smallwoods, Receipts for following Executions by W. W. McCue.

against: A.J. Martin, S.F. Murray, Thos Smith & T. H. Butler.

Notes on hand, estate of Samuel S. Gray, decd of David Myers, Wm C Purcell & A. W. DeWitt.

also F. W.Fuller, T. H. Butler & A. Pharris.

also David Myers, W. E. Purcell, A. W. DeWitt, E. M. Cason & R. H. Washburn.

also T. Quarles, T. H. Butler, John M. Gipson.

also Thomas E. Dennis, A. P. Pharris & Laban Loftis.

also Benjamin Chapman, S. F. Murray & W. ?H. Whitaker.

also A. Pharris, B. B. Washburn & R. P. Brooks;

also James T. Quarles, R. H. Washburn.

also T. H. Butler, Toliver Kirkpatrick.

also Caleb Lemons, Thomas Smith & A. J. Martin.

also David Myers, T. H. Butler & Jefferson Roberts.

also T. H. Butler, S. F. Murray, & John H. Denton.

also J. W. Morgan & G. C. Morgan.

also Wm R. Kenner, A. J. Martin, James Eaton & J. B. Stafford.

also J. B. Stafford, Vance C. Lee, William R. Kenner.

also Caleb Lemons, Thos Smith, B. E. Williams, T. H. Butler & Z. Vanhooser.

also Vance C. Lee, Shade Turner, J. H. Noris.

also William R. Kinner, Wm P. Stone.

also John S. Reed, James Terry, A. H. Morgan.

Judgment on Wm. W. McCue's Docket 3/25/1865 against James Y. Petty, George Petty & Herod Turner for $28.48.

Note Vance C. Lee, J. H. Noris, John S. Reed.

Note John Vanhooser, G. Vanhooser, VALENTINE Vanhooser.

Note J. H. Noris, John S. Reed, Vance C. Lee, Nimrod Reed, John S. Reed, J. H. Noris.

Note Caleb Lemons, John Vanhooser, Z. Vanhooser.

Note Wm G. Cox, R. A. Cox & Thos Smith.

W. H. Botts account.

Note Thos H. Butler.

Note George Stout.

Note John Lee.

Note T. H. Butler, surviving partner Gore & Butler.

Note T. H. Butler & S. S. Stanton.

Note James Y. Putty.

Note Wm E. Small.

Cash on Hand, Georgia & South Carolina $12.00.

Receipt on T. H. Butler for note executed by Kinnaird & Bransford to William Gray, Senr decd, $1,000 credit & 415.21 pd 3 Oct 1857 of $587.79.

Note on Joseph Eaton.

Note on Laban Loftis executed to Latimore & Pipkins.

Note on Mounce Gore, Senr to Thos E. Dennis, 2 June 1853.

Note on Jason Meadows, Milton Meadows & John W. Meadows.

Note on John Gray executed to William Gray decd for silver the 3rd of March 1824 and due 12 months after date, $100.00.

Also the following belonging to estate of said Samuel S. Gray, deceased:

Judgment vs Thomas J. Galbreath, etals, W. W. McCue's docket

Gross Amount $4612.72 - Credits of $779.44 = $3833.28

Less Claims - Draper & Morgan of ?$1036 = $2,747.17

 

MOTION: DAVID MYERS & wife ELIZABETH MYERS by their Solicitors 1 May 1872 before W. W. Goodpasture, Chancellor...Samuel S. Gray departed life about 1863.

 

AMENDED COMPLAINT 10 March 1866, filed by: Leslie & Botts, Sols and by Cox & Draper, Sols.

 

COPY OF LAST WILL & TESTAMENT OF WILLIAM GRAY,

Deceased, 7th Chancellor's Dist., Jackson Co., TN, annexed as Exhibit in the Case of

James W. Draper & Daniel M. Morgan, Extrs of Samuel S. Gray, dec.

vs

John Gray of the State of Louisiana, Richard Gray parts unknown; James Gray, non-resident of Tennessee, parts unknown; David Myers & Elizabeth Myers his wife; Benjamin Chapman & Angelina Chapman his wife; Thomas H. Young; Joshua Young & Polly Young his wife; of Jackson Co., TN.

[The bottom of the page was folded up slightly when microfilmed, hiding first two items in will. Probably not original will, but likely reconstructed for trial - mlj].

..."Two Hundred Dollars in addition to what I have already given him.

Third, I give and bequeath unto my daughter ELIZABETH MYERS Two Hundred Dollars in money in addition to what I have already given her.

Fourth, I give and bequeath unto my son RICHARD GRAY Two Hundred Dollars in money in addition to what I have already given him.

Fifth, I give and bequeath unto my son WILLIAM GRAY a negro boy named GABRIEL in addition to what I have already given him.

Sixth, I give and bequeath unto my step daughter SUSANNAH SIZEMORE One Hundred Dollars.

Seventh, I give and bequeath unto my step daughter FANNY ALLEN One Hundred Dollars.

Eighth, I give and bequeath unto my son SAMUEL S. GRAY the following negroes SHEBA and her three children PEG, WILEY & HANNER; also PEG'S four children WESLEY, FRANK, TILDA & PATIENCE; also ELIZA and her children named JANE, WILLIS, WHITLY, MONDAY & JOHN also GEORGE and LAZARUS. I also give and bequeath unto my son SAMUEL S. GRAY all my lands that I may die seized and possessed of or that I may be entitled in any way also all my mules cattle hogs sheep house hold and kitchen furniture."

[If there was a signature or witnesses, were hidden by fold when microfilmed - mlj].

[AMENDED COMPLAINT RESUMES]: The Testator in the last clause nominates Mounce Gore & Sam S. Gray executors of his will. Compts are informed & believe said Testator had cash on hand and notes. Testator was indebted to Sally Myers at the time of his death...after qualification of Sam S. Gray, she brought her suit in Jackson Co., TN Circuit Court, secured judgment including costs. Samuel Gray did not pay off Legatees of William Gray.

470 acres in his lifetime [not clear whether "lifetime" was William Gray or his son Samuel Gray] were conveyed to Abner Chaffin, who has a deed or bond for title. He is asked to be made a Defendant and required to file evidence of title.

 

COPY OF LAST WILL & TESTAMENT OF SAMUEL GRAY, DECEASED:

"I bequeath to JOHN S. ANDERSON and FRANK LEE'S present child a girl not yet named all my estate consisting of negroes, lands, horses, cattle, hogs, household and kitchen furniture all accounts and notes due me at my death except some notes and accounts which I hold on THOMAS H. BUTLER.

"For and in consideration of the High respect and Love which I entertain toward THOMAS H. BUTLER I bequeath to said THOMAS H. BUTLER all the notes and accounts which I may hold on him also a certain sorrel mare named Nance also one thousand dollars in money after my debts are paid and I am decently buried. The balance of money which I may die possessed of to go to the above named JOHN ANDERSON and FRANK LEE'S said child".

[What appears to be original, full text, later on film. "Frank Lee" may be a female; a Franke Lee is hoh in 1860 Jackson Co., age 40, no child in hh; a Frankie Lee is hoh in Shelby Co., TN 1860, child Martha M.J. Lee - mlj].

Said paper writing was written on the 30th day of May 1856 and duly published on that day. The girl child which it referred this bequest has since been named Martha Lee. This is a minor, one Jeremiah Maxwell is her guardian and they are both citizens of Overton County, Tennessee. The Legatee John S. Anderson died before Sam S. Gray and he was an infant.

Complainants pray that said William Gray, John Gray, Richard Gray, David Myers & Elizabeth Myers, James Gray, Benjamin Chapman & Angelina Chapman, Joshua Young & polly Young, Martha Lee & Jeremiah Maxwell as her Guardian & Thos H. Butler & Alex Chaffin be made Defendants.

[Signed] Leslie & Botts

[Signed] Cox & Draper, Compts Sol.

 

DEMURRER 19 April, 1871:

The Joint & Separate Answers of David Myers & his wife Elizabeth Myers to Bill of Complaint filed by Thomas H. Butler, Admr of Samuel S. Gray, dec.

...True as alleged S. S. Gray departed this life in Jackson County, Tennessee about 1862...published last will...contested upon an issue of "Devisant vel non".

Daniel M. Morgan & James M. Draper appointed Administrators "pendente lite", took charge of whole estate, sold personal property collected debts Hired negroes rented land paid debts employed counsel. Respondent cannot say if personal estate sufficient to pay debts and special legacies. Say Samuel S. Gray died intestate to that portion willed to John Anderson who predeceased Testator. S. S. Gray did not pay in lifetime as Executor of William Gray deceased the special legacy to Elizabeth Myers.

Respondent Elizabeth Myers is one-half sister of the said S. S. Gray by the same father and entitled to distributive share of that part willed to John Anderson by S. S. Gray. If no one will administer John Anderson estate, Court should appoint an equitable person.

Respondent cannot say if funds of S. S. Gray exhausted as T. H. Butler has not made settlement. Elizabeth Myers states she is entitled to one-seventh of one-half of the whole estate after payment of special legacies and the debts of the estate together with her own special legacy, including one-seventh of one-half of rents collected since death of said Testator.

[Signed] Butler & DeWitt, Sols for Respt.

David [his X mark] Myers

Elizabeth [her X mark] Myers

 

PETITION: W. J. GRAY and S. S. GRAY of Macon Co., Tennessee To Hon. B. M. WINN [?WEBB], Chancellor, Jackson Co., Tennessee.

S. S. Gray departed life in 1862, Jackson Co, TN, owned considerable real & personal property. Real estate sold by decree for partition, recorded Book I page [blank]. S. S. Gray left no children but left brothers and sisters who were his heirs and your petition[ers] shows that they are children of a decd brother of S. S. Gray.

[Signed] W. J. Gray, S. S. Gray, by M. N. Alexander, Atty for parties

[Signed] W. J. Gray

 

CLERK & MASTER'S REPORT, DIVISION OF LAND: Employed William Gore Surveyor and Jones R. Stafford & Benjamin Smith Chain Carriers. Sold 18 May 1878.

Tract 1: North side Roaring River known as Homestead Tract, 307 1/4 acres. J. T. West purchaser, $952.45 credit. Securities on note James W. Anderson, Asa Anderson, John S. Quarles & M. L. Gore.

Tract 2: Known as Long Branch, 328 acres purchased by Mounce L. Gore $738.00, two promissory notes. Security S. G. Gore and Geo. H. Morgan.

Tract 3: Mill Tract on north side of Roaring River, 50 acres purchased by R. W. Allen, $400.00 credit. Dr. W. T. Bennett as security.

Tract 4: South side of Roaring River, known as Garrett Tract, 340 1/2 acres purchased by John Chapman $2724 credit. Securities W. C. Minor, M. Kirkpatrick, H. H. Loftis.

Tract 5: 99 Acre Tract or Gibbs Tract purchased by Andrew Chapman, $1192.95 credit. Securities John Chapman, W. C. Minor & H. H. Loftis.

Tract 6: Sally's Hollow Tract or Aaren's Branch Tract, 146 acres purchased by A. J. WAY $379.60, credit. Securities William Loftis & W. W. McCue.

Total $6387.00, September term 1878.

 

ANSWER: THOMAS H. BUTLER to Bill of Complaint of James W. Draper & Daniel M. Morgan, states he has received no money from estate of S. S. Gray, dcd as Legatee. Due $1,000.00; sorrel mare Nancy died before Testator. 11 August 1866.

[Signed] Butler

 

AFFIDAVIT, STATE OF ARKANSAS, JOHNSON CO:

Before me, C. B. Wilson, Notary Public, the undersigned H. P. Goodnight and R. H. Goodnight state that Sarah Goodnight and her husband Henry Goodnight; Martha Scoggins and her husband James Scoggins and Margarett Goodnight and her husband H. P. Goodnight of Coal Hill, Arkansas and Martha Nichols and her husband C. H. Nichols of Greenwood Substation, Sebastian County, Arkansas are heirs & proper Administrators of Richard Gray, deceased who was a brother of S. S. Gray, decd late of Jackson Co., TN and the above are the only heirs and distributees of said Richard Gray decd, are entitled to funds in hands of Clerk & Master of Jackson Co., TN, their distributive share.

[Signed] H. P. Goodnight, R. H. Goodnight

Attest: C. B. Wilson, N.P. 10 April 1895

 

Answer of M. J. Lee, by Guardian J. M. Maxwell to bill filed 8 October 1875 protests the mountain of papers and costs piling up, protests the protests [took 5 pages to say]. 23 Feb 1876

[Signed] J. M. Maxwell

[Signed] Gardenhire, Solicitors

 

AMENDED BILL OF COMPLAINT of ALLEN W. DEWITT, Admr of William Gray;

also David Myers and wife Elizabeth, Benjamin Chapman and wife Angelina Chapman, Joshua Young and wife Polly Young, James B. Gray, George W. Gray, William J. Gray, Sidney S. Gray, Martin S. Gray, James A. White and W. J. Gray, Administrators of William Gray.

Complainants file amended Bill of Complaint, want accounting of the estate of S. S. Gray, decd.

[Signed] DeWitt & Botts, Sols.

 

CLERK & MASTER'S REPORT: J. M. MORGAN, C & M

Jackson Co, TN August 1894 Special Term came before me W. J. Gray of Lafayette, Macon Co., TN, a son of William Gray [Junr] decd late of Macon who was a brother of S. S. Gray, decd, made oath. That the share of his father William Gray [Junr] in the S. S. Gray estate goes to three representatives of suit to himself W. J. Gray, Sydney Gray his brother, and five children heirs of J. B. Gray decd to wit: Fanny Gray (now Mrs. W. O. Donald); Allice Gray (married Grissom); W. B. Gray (sold his interest to Clay Reeves); Henry Gray; Sarah Gray (married White). His brother and sister G. W. Gray and Martha S. Gray are dead and both died without issue.

The older brothers of Samuel S. Gray, to wit: John Gray, Richard Gray and James Gray have been gone from this country 40 or 50 years, their whereabouts entirely unknown to him. Affiant is now nearly 51 years of age and has no distinct recollection of ever seeing the said older brothers of his father, John, Jim and Richard; thinks he saw John Gray when very small. Affiant states he was born in Jackson Co., has resided in Macon Co. since age 8. 3 Sept 1894.

[Signed] W. J. Gray

 

LETTER TO: J. T. ANDERSON

[Top of this letter was dark; if there was a date, could not read - mlj]:

Sir, I was at your Town last Monday didn't find you at home. I see from your records that you omitted out for the three heirs to wit William Grays heirs, the Meyers heirs and Chapman heirs; to draw the three that is not here to wit

James Gray, John Gray and Richard Gray they have not been herd from in a number of years now I would like to have that order made at the next term If you will do this for the fee that is alowed by the Court to you I spoke to Gardenhire he said he would see that the ord was further made and that they would be no fee charged in the case

Mr Morgan said you would send a check for our part of the funds that was on hand I want you to send mine and Sidney Grays and Sarah White. Sarah Gray married a White be shure and send it this next week before court meets there again this woman up there may give us Some other truble so send it before Court meets again and oblige.

Yours truly, [Signed] W. J. Gray

 

PETITION: MARTHA J. WILSON of Overton Co. vs

H. W. WILLIAMS, JOBE W. MORGAN, C & M; M. G. BUTLER; H. H. CASSON; WASHBURN & CASSON, Merchants at Gainesboro; S. B. ANDERSON, Admr of R. A. COX dcd; W. J. GRAY of Macon Co., TN. J. R. GRAY, G. W. GRAY, SIDNEY GRAY; MARTHA S. GRAY; WILLIAM MYERS; SALLIE MYERS; ABRAHAM MYERS; JOHN MYERS; DONES MYERS; ?GORDON MYERS whose residences are not known and supposed to be non-residents of Tennessee. Last named are residents of Jackson Co., TN being JOSHUA YOUNG & wife POLLY YOUNG; ANDREW CHAPMAN & WIFE ANGELINE CHAPMAN; JAMES HALL & wife MAGGIE HALL. THOMAS MYERS; S. S. MYERS; POLLY HALL. CHARLEY MYERS, FRED MYERS, MARTIN MYERS, ?AREND MYERS the last four are minors and children of HENRY MYERS decd and ?KRISEL RAGLAND their guardian, Defendants.

S. S. Gray died in Jackson Co., TN 1862, left will. One-half of entire estate excluding special bequests, decree 28 Sep 1877 Minute Book H pages 383 through 387, Case of A. W. DeWitt vs T. H. Butler, Admr and other cases consolidated. Debts of S. S. GRAY estate to be paid first out of John S. Anderson share; second out of T. H. Butler and lastly out of property devised to petitioner. Petitioner's name was M. J. Lee and Martha J. Wilson was the same person as "Frank Lee's present child a girl not yet named". Real estate sold after being rented a number of years, funds in hands of Administrator of said Gray; R. A. Cox former C & M (since dead) and his Admr Anderson; H. W. Williams former C & M; M. G. Butler Receiver; H. H. Cason and Washburn & Cason Merchants; others. Defendants EXCEPT Williams, Morgan, Butler & Cason and Washburn & Cason are heirs at law of Samuel Gray and descendants of such and husbands of women who are heirs at law. Petitioner states her part amounts to several thousand dollars, asks C & M be restrained from taking debts from her part.

[Signed] W. W. Wridle [or Windle, Jno H. McMillon, Solicitors

Before me A. L. Windle, J. P., Overton Co., TN 28 Sept 1892

[Note: Except for detailed accounting, next document is transcribed verbatim where in quote marks. Gives flavor of Civil War conditions - mlj]:

JAMES W. DRAPER & DANIEL M. MORGAN, Accounting of S. S. GRAY Estate.

The joint and Separate Answers and cross bill of JAMES W. DRAPER and DAVID M. MORGAN to the Bill and amended and Supplemental Bills of A. W. DEWITT administrator of WM GRAY deceased Filed in the Chancery court at Gainesboro Against

THOMAS H. BUTLER admr of S. S. GRAY, These respondents and others.

These Respondents and Cross Complainants reserving to themselves the benefit of the usual exceptions to the said bill & amended bills - Answer so much and such parts thereof as they are ____ are material for them to answer and say

"It is true they were appointed administrators pendente lite [during pending suit/injunction] and served as such of the Estate of S. S. Gray deceased, pending the Suit Contesting the will of said deceased. It is true they took control of the entire estate of said deceased - they managed ever they could to save it. They sold property - collected debts - paid debts - rented out the lands - hired the negroes - Sued and collected money by suit - employed counsel - and defended suits brought against them and acted in good faith as general administrators, being so advised by experienced Counsel and believing that the interest of Said estate required Such action of them. Respondents state that the certified copies of their several Inventories here filed as part of the Answer Show every thing that came to their hands as administrators of S. S. Gray deceased - and as they are informed believe Said copies show every Article that should have come to their hands as Such administrators - They are not aware of any loss to the estate by any neglect on their part.

Respondents show the condition of the estate of S. S. Gray while in their hands and at the time it left their hands to be as follows -"

[Amount of Inventories Charged $6322.80 minus Amount of Vouchers in Settlement of $3828.91 without interest = amount turned over to Butler belonging to Estate of S. S. GRAY of $ 2747.17, with many items yet to be paid - mlj].

Some of those yet due: James W. Draper; D. M. Morgan for his costs which included paying claims by Joel W. Settle and J. M. Morgan.

Those paid from funds were: F. M. Price, Tax Collector [varying years from 1858 following William Gray's death through 1869]; Spencer Watkin one judgment; Elizabeth Burris account; James Eaton; P. W. Dudney; G. M. Ray; Rawley & Green.

"Respondent Draper States that he holds other claims against S. S. Grays estate to be hereafter settled with T. H. Butler the present administrator & only mentions them now that they may not be bound by the foregoing statement.

"Respondents and cross complainants show that the war was upon the country and raging with unabated fury on ever side when they took charge of said estate - the laws were suspended and debts could not be collected by legal process - Respondent Morgan states that he had the care & custody of all the papers of said estate from and after the death of S. S. Gray (which occurred in the latter part of 1862) during the entire remainder of the war - that while maurauding bands of thieves & robbers were traversing the Country he suffered great uneasiness on account of having in his possession said papers - believing that it was thought by many that there was money belonging to said estate in his possession - and in those days persons suspected of having money were in great danger of being robbed, murdered and burnt up.

"Cross Complainants & respondents show that they rented out the lands although it was not strictly their duty as administrators to so - It was their judgment that it was for the best interest of Said estate for them to take control of said lands and rent them which they did and collected about One Thousand & eighty dollars part in money but the greater part in the way of offsetting Claims against the estate.

"Cross Complainants are now advised that it was not strictly legal for them to pay out money arising from rents to the creditors of said Estate - they are advised that under the law such monies belong exclusively to heirs, but under the peculiar circumstances by which they were Surrounded a great portion of the time they served as Administrators of Said estate it would have been very unsafe for them to keep money on hand that they collected for rents and there was no body that they could pay it over to but creditors, and they are now well satisfied that the way that they managed the estate in settling claims against it out of rent claims and all alike was the very best thing that could have been done for those interested in said estate.

"There was really but little money (actual cash) collected for rents - It frequently occurred that men holding claims against said estate rented & occupied the lands & the claims were paid off & the rents collected by offsetting what the parties thought mutual demands. As there was but little money in this part of the country in circulation during the latter part of the war & for sometime after it ceased - men indebted to said estate very frequently traded around and bought claims against the estate & in this way large claims were frequently settled and but little money passed. When the Courts were opened and the laws put in force after the war ended - Respondents were compelled to enforce the collection of a great many claims by Suit - and they became involved in a great deal of troublesome litigation on account of many persons resisting notes that they had given for negroe hire & property while the Confederate forces had possession of this part of the country contending the said contracts or notes were to be paid in Confederate money, and although such assumptions were false and these respondents had made no such contracts, and none such were set up against them by the Courts, yet it required the utmost vigilance & attention on their part to said littigation to save the estate from great losses - And they here state that in the prossecution of the business of said Grays estate they worked harder than administrators ordinarily do - they laboured assiduously, the latter part of 1865 & 1866 - during the whole of 1867 and 1868 the business of Grays estate consumed a great deal of their time & labor. They were now relieved with this turned it over to Thos. H. Butler the present admr and not fully relieved then as they have been compelled to look over & examine all the work to prepare this answer.

"Respondents & cross complainants claim that by their care and prudence the papers of said estate were saved during the war that by their Industry and vigillance in collecting the claims of Said estate Since the war and paying off debts against the same the estate was saved from Insolvency.

"In view of the labors performed and the responsibilities assumed for the benefit of said estate which resulted so beneficially to the same - respondents think the allowance made to them by the County courts of Jackson County of Three Hundred dollars to each as shown by their settlement, a copy of which is here filed as part of this answer; too small.

"And further in regard to the payment of debts with rent money & the offsetting of claims against the estate with rent claims in favor of it respondents say that the courts of this County in which they transacted their business seemed to recognize notes for rent & ordinary debts as mutual demands and they were thus forced in some instances to let their claims for rent go to pay the debts of the estate.

"Respondents show that they were compelled to have various copies from the County Clerks office in order to give a full & satisfactory answer to this bill with the ?rest of these they should not be t_ _ _ed, but it should be paid out of the _____ of said Gray's estate & if respondents are compeled to pay the same it should be paid to them. Respondents state that there are some lawyers fees for attending to suits on them while they served as admrs of said Gray that have never been settled - the amount of which they can not state.

"In tender consideration of the premises Cross Complainants & Respondents pray that this be filed as an answer and cross bill - that complainants defendants in the original and amended bills be made parties defendants to this cross bill & Required to answer - they being already before the Court - copy and process is not deemed necessary - -

Respondents pray to be substituted to the rights of the creditors whose debts were paid out of money arising from the rents of land belonging to the estate of S. S. Gray deceased that the lands in the _ _endings mentioned be sold and that a sufficiency of the proceeds of the sales of the same be appropriated by special order of the Court to replace the [blank] dollars rent money disbursed by the administrators - That [blank] dollars be decreed to Draper the amount due him from money that he paid for the estate - and that [blank] dollars be decreed to Morgan the remainder of his allowance together with the sum he paid for the estate. And they ask for further allowance to themselves and a reference to the Clerk and Master to ascertain how much would be right & proper for them to have as additional allowance for their former services as Administrators of S. S. Gray deceased & for their services in answering this bill & amended bills & for answering a Similar one filed by Thomas H. Butler admr of S. S. Gray with the will annexed against these Respondents & others in your honors Court, and for reasonable fees for their solicitors for answering or preparing the answers to said bills for them, and for attending to them in Court and they pray that all necessary costs arising or in any body incident to this answer & for general & further relief to which in equity they may be entitled.

[Signed] Quarles & Morgan, Sols.

 

 

ANSWER: JOSHUA YOUNG and wife POLLY YOUNG to Bill of Complaint of Daniel M. Morgan and James W. Draper. States Polly Young is a daughter of Poly Gray who afterwards married Daniel Johnson and she is a grand daughter of William Gray. States that her mother only had two children - the Respondent Polly Young and the wife of Benjamin Chapman were her only daughters. They say that if their grand father William Gray died intestate as to any portion of his estate the said Poly Young & Angelina Chapman would under the laws of distribution be entitled to represent their mother and receive her share as she is now dead and believe that he died intestate...cash note on Kinnaird & Bransford at $1000. Filed 1867.

[Signed] Cox & DeWitt, Sols

1 September 1868, Gainesboro, Tennessee, James M. Richmond, Henry H. Draper & J. M. Maberry Esqrs, Justices of the Common Courts.

Will of Samuel S. Gray fully proven in Circuit Court March term 1868. James W. Draper & Daniel M. Morgan only appointed Administrators pendente lite. Thomas H. Butler is appointed Administrator of Samuel S. Gray, deceased; securities G. M. Pretty, S. F. Murray, J. Roberts, W. W. McCue and M. L. Gore, $6,000.00 bond.

[All signed, same hand]

 

BILL OF COMPLAINT: H. H. CASON & W. H. YOUNG

vs

MOUNCE L. GORE, JOHN S. QUARLES, GEO H. MORGAN, JAMES W. ANDERSON, ASA ANDERSON & JO T. WEST, all of Jackson County, Tennessee, except GEO. H. MORGAN who is now temporarily located in Nashville, Tennessee, as a member of the State Senate.

Defendants James W. Anderson, Asa Anderson & Jo T. West purchased the House tract of Samuel S. Gray on Roaring River for about $950 notes, due one and two years. After maturity of said notes, September term 1879 on 20th [or 26th] of said month H. W. Williams, Clerk & Master moved for judgment against Purchaser and securities on first note of $414.61 plus interest & costs, placed with your Orator W.W. H. Young then Sheriff. About 3 Nov 1879 your orator Young levied on about 200 poplar saw logs lying on Roaring River at or near Elijah Burris' [land] and 74 logs lying in woods near John Stafford's [land]. Your orator Cason states 6 Oct 1879 defts James W. Anderson sold to Jo T. West acting for themselves and Asa Anderson 100 saw logs to be delivered at Nashville by written contract with Edgefield & Nashville Steam Mill...

[Note: Following above is about 20 pages regarding disposition of logs, stating disposition overseen by W. H. Young as Sheriff and funds applied to estate. S. H. Cunningham testified as to price of logs around Christmas 1879; C. W. Stafford said he cut timber in raft; J. T. West was helping haul; J. W. Anderson said he was authorized to act for Asa Anderson].

[Signed] R. A. Cox, C & M [Signed] H. H. Cason, W. H. Young

 

NOTICE TO APPEAR: To Allen W. DeWitt, Admr of William Gray, 7 August 1871.

[Signed] G. M. Putty, J. P.

 

[Inserted here, possibly as Exhibit, appears to be actual will of SAMUEL S. GRAY - mlj]

"I Samuel Gray do make & hereby publish this my last will and testament with the following bequests to wit

"I bequeath to JOHN S. ANDERSON & FRANK LEES present child a girl not yet named all of my estate consisting of Negroes, lands, Horses Cattle Hogs Household and kitchen furniture and all accounts & notes Due me at my Death except Some notes and accounts which I hold on THOMAS H. BUTLER.

"For and in consideration of the high respect & love which I entertain toward THOMAS H. BUTLER I bequeath to said THOMAS H. BUTLER all the notes and accounts I may hold on or against also a certain Sorrel mare named Nance also on thousand Dollars in money after my debts are paid and I decently buried. The balance of my money which I may die possessed of to Go to the above named JOHN S. ANDERSON & FRANK LEES said child. This 30 May 1856.

[Signed] SAMUEL S. GRAY

Attest: THOS D. CASSETY

PLEASANT T. RAWLEY

[Note: Following are "The Begats" contained in Clerk & Master's report; p. 255 of microfilm reel; pages unnumbered, must count manually. This part transcribed verbatim except for items in [square] brackets - mlj].

Master Reports from the deposition of S. S. MYERS in Minute Docket I page 198 that the legal heirs of S. S. Gray were six in number, to wit

[1] JOHN GRAY [not in Jackson Co 1850 per census; earlier doc said Louisiana - mlj]

[2] RICHARD GRAY [Not in Jackson Co 1850 - mlj]

[3] JAMES GRAY [not in Jackson Co, TN 1850 per census - mlj]

[4] ELIZABETH GRAY [married DAVID MYERS - mlj]

[5] WILLIAM GRAY [Jackson Co, TN 1850 census age 43; Manerva 42; James 15, John 13, George 11, *William J. 6, Sidney 3. *1870 Macon Co TN Smith's Crossroads, Lafayette, age 26, p. 293 - mlj]

[6] Deceased Sister [MARTHA S. GRAY], mother of ANGELINA CHAPMAN [wife of BENJAMIN CHAPMAN] and POLLY YOUNG [wife of JOSHUA YOUNG].

These are the brothers and sisters of SAMUEL S. GRAY, deceased. Of these, all were living in 1879 except WILLIAM GRAY and the mother of MRS. CHAPMAN and MRS. YOUNG.

See Minute Docket I Page 198

Sister dead in 1879 left ANGELINA CHAPMAN and POLLY YOUNG.

[#5 above] WILLIAM GRAY [JR.] deceased, left J. B. GRAY, G. W. GRAY, W. J. GRAY, SYDNEY GRAY, MARTHA GRAY, ELIZABETH MYERS [md DAVID MYERS].

[#6 above] MARTHA S. GRAY died and left ANGELINA CHAPMAN and POLLY YOUNG.

[#4 above] ELIZABETH MYERS (dead) left [children]

WILLIAM MYERS,

SALLIE MYERS,

THOMAS MYERS,

MAGGIE HALL [married JAMES HALL],

ABRAHAM MYERS,

HENRY MYERS (dead)

POLLY HALL (dead without issue)

JOHN MYERS

JONAS MYERS

SUSAN MORREL (dead)

S. S. MYERS

SUSAN MYERS married MATT MORREL and moved from Tennessee to Missouri many years ago and from there to Arizona or the Indian Territory - .

See deposition of S. S. MYERS - from his statement the names of two of SUSAN'S children are JAMES MORREL and CASS MORREL.

HENRY MYERS (dead) left CHARLEY MYERS, FRED MYERS, MARTIN MYERS, ANNIE MYERS and VINA RAGLAND is the mother and general guardian of HENRY MYERS children - who are all minors.

See S. S. MYERS deposition Batch No. 1 page 5 & 6 [S. S. MYERS dep not on reel].

S. S. GRAY had six brothers and sisters - Six including all his brothers and sisters - these were all of the half blood - none of the whole blood. Hence each brother or sister (or the direct descendant of the same) is entitled to one sixth of whatever fund there is in this cause for distribution among the heirs of SAMUEL S. GRAY.

The Master further reports that the heirs of SAMUEL S. GRAY received nothing save $18.00 to ELIZABETH MYERS, paid to her by M. G. BUTLER, on her distributive share and $50.00 paid to A. W. DeWITT by M. G. BUTLER as receiver - and by special decree of the court this payment to DeWITT was not to affect in any way the interest of M. J. LEE.

 

[Returning to abstracting, not verbatim - mlj]

Attorneys representing the Administrators, Col. J. P. Murray, Judge J. T. Quarles and Geo. W. Morgan, Cox & DeWitt, W. M. Pickett and M. G. Butler have all been paid except W. M. Pickett and M. G. Butler.

Many lawyers have quit practicing [since 1862 when S.S. Gray died]. W. M. Pickett filed lien Minute Docket H p 383-386; MDH 516-520 for his fees, should be allowed $50.00, or his widow J. G. Pickett, in addition to the $11.00 paid to him by Mounce Butler. March Term 1894 [Signed] J. M. MORGAN, C & M

 

AUGUST TERM 1868, CLERK & MASTER'S REPORT

HEIRS OF WILLIAM GRAY dcd:

William Gray Jr. now dcd received Negro boy Gabriel

Fanny (or Frances) Allen received $80.00 of $100.00 [step-daughter]

John Gray - $200.00 unpaid.

Elizabeth Myers - $200 unpaid.

Richard Gray - $200 unpaid.

Susan Sizemore - $100 unpaid. [step-daughter]

William Gray at the time of his death held a note on Kinnard & Bransford, $1000.00 due 14 Nov 1855 plus interest to 1 August 1868 of $726.65, Total $1762.65.

$20 note Joseph Eaton due 21 Sep 1847

Note on Jason Meaders, Milton Meaders & John W. Meaders due 1st Jan 1853.

Laban Loftin due 10 Aug 1849.

Mounce Gore due 2 June 1853.

Note on John Gray due 4 Mar 1824.

William Gray's will was proven 1st Monday in March 1856, he having died a short time previous to that date.

Accounting of Personal Estate of William Gray August Term 1868.

[Signed] Robt A. Cox, C & M

Accounting of Estate objected to, J. M. Maxwell [Guardian of M. J. Lee] by Solicitors...evidence does not show that any of William Gray's properties was not disposed of by his widow. 5 May 1874.

[Signed] McHenry & Gardenhire

 

[NEW CASE] CHANCERY COURT, JACKSON COUNTY, TENNESSEE 1856

DeWITT, A. W. vs CASON, ELIZABETH, etal Chancery 1856

[Note: 1850 Sistler's Index to U. S. Census lists in Jackson Co., TN:

CARY, THOMPSON* 32, Elizabeth 26, Rebecca 5, James 2; Susanah CASEM 55, Louis 10, Matild REEVES 10. T/T J-847-592

CASON, Edward M. 45, Marion 29, Adeline 22, Edward S. 16, Francis 14, Josephine L. 8, Eliza 5, Henry H. 3, Lewis C. 10/12. VA/T J-49-323

[*CARY should be indexed CASON]

1860 Sistler's Index, Jackson Co., TN:

CASEN, E.M. 55, Mary 40, Josephine 16, Elisa 14, Henry 13, Louisa 10, Landa 7 (m), Millard 4. J-81-195

CASEN, Susen 70. J-81-195

CASON, Elizabeth 33, Rebeca 17, William 12. J-47-293.

CASON, Salley 30 J-68-282

CASON, ?R.M. 20 (m) J-84-196]

 

BILL OF COMPLAINT: ALLEN W. DEWITT, Administrator of Henderson M. Clements, deceased, a citizen of Jackson Co., TN

vs

William H. Botts & James A. Spurlock, Executors of the Last Will & Testament of Benjamin C. White, deceased and Co-Defendants

Ecward M. Cason & Robert A. Cox, Administrators of Thompson Cason; Elizabeth Cason the widow of Thompson Cason; Becky Ann Cason and James Cason, the minor children of said deceased.

To: Hon. Broomfield Ridley, Chancellor, Jackson Co, TN 4th District.

Henderson M. Clements departed life intestate in Jackson Co., TN 6 Sept 1854. November session of County Court, Allen W. DeWitt [your Orator] appointed and qualified as Administrator.

Benjamin C. White sold to the said Benjamin C. White a tract of land in Jackson Co., Tennessee where Polly White, widow of said B. C. White now lives. Benjamin C. White died July 1854. [Note: This is "as written" - mlj].

[Signed] JOHN P. MURRAY, C & M

 

[Note: Following depositions taken January 1858, apparently to ascertain whether personal estate of Thompson Cassety was enough to pay debts without selling real estate]

DEPOSITION: A. W. BROOKS age 25, acquainted with financing condition of Thaxton Carter; has been for some years insolvent; also James ?A./W. Burke insolvent.

[Signed] A. W. Brooks

DEPOSITION: ABSOLUM PHARIS age 36 states Thompson held a note on him at time of his death for about $125-$130, that he paid in lifetime of Thompson Cason $100 and to Leroy Pharis $25 which was not credited to him on the note. "I think I paid E. M. Cason after the death of Thompson either $13 or $14 which was all that was due".

[Signed] Absolum Pharis

DEPOSITION: THOMAS ALLEN age 23 states Edward M. Cason paid him 25 cents per day labor to collect stock scattered in woods before being sold by Admr.

[Signed] Thomas Allen

DEPOSITION: JAMES WILLIAMS age 25 swears Edward M. Cason paid him as Administrator of Thompson Cason $11.63 for labor.

[Signed] James Williams

DEPOSITION: ALLEN W. DEWITT age 37 states James ?A. [or H.] Moss is and has been for years totally insolvent.

[Signed] A. W. DeWhitt

DEPOSITION: MATTHEW N. CROWDER age 25, swears Cason & Cox, Admrs of Thompson Cason employed him to kill and deliver to Mrs. Cason, widow of deceased, the pork allowed by Commissioners, 50 Cents per day.

Matthew [X] Crowder

DEPOSITION: NORRIS CROWDER [no age given] states he was at Administrators' sale of Thompson Casson and that Thomas D. Cassety was Auctioneer.

Norris [X] Crowder

Attest: W. H. Botts

DEPOSITION: PETER G. COX age 50, states knows handwriting of Thomas D. Cassety and his signature to receipt and later memorandum of 28 Jan 1857 is genuine.

[Signed] Peter G. Cox

DEPOSITION: Edward M. Cason states Watson M. Cooke presented to him note drawn by Thompson Cason & Susannah Cason for $65 dated 1 Nov 1849. Susan Cason was Thompson Cason's security.

[Signed] E. M. Cason

DEPOSITION: Peter G. Cox states he rendered judgment against Susannah Cason in favor of Cooke & Kinnard 13 Dec 1856, note executed by Thompson Cason dated 1 Nov 1849; Susannah Cason security.

[Signed] Peter G. Cox

DEPOSITION: WILLIAM W. McCUE age 33, J.P., successor to Thomas D. Cassety, has Cassety's docket, sees judgment against William Spivy for $2.90 dated 6 Oct 1855 paid to Plaintiffs; judgment against Henry Crowder 24 Feb 1855 of $44.67 paid to Plaintiff; Martin N. Crowder 16 Dec 1854 of $1148 paid to Plaintiff R. P. ?Mchay. Does not know whether these were paid or not:

James Porter [or Posten] 30 Dec 1854

Andrew Porter (or Posten] 30 Dec 1854

Nathan Whitaker 20 Jan 1855

Leroy Pharis 4 Apr 1855

Elijah Gates 30 Dec 1854

Pleasant J. Rolly 25 Aug 1855

Val Vanhooser 1 Oct 1855

[Signed] W. W. McCue

DEPOSITION: JOHN C. DUKE age 30 was a constable 1856, received an execution in favor of Cason & Cox against Leroy Pharis, could find no property of his; thinks Pharis insolvent.

[Signed] John C. Duke

John M. Gipson thinks James Posten and Andrew Posten insolvent since April 1855.

[Signed] J. M. Gipson

DEPOSITION: B. B. WASHBURN age 39 sworn, states "I and John Pice were Administers of Jas W. and C. N. Price". Thompson Cason was at sale, bought, executed note. Susan Cason security, 8 Oct 1850. Thompson Cason paid [blank] including interest to 3 Mar 1855.

[Signed] B. B. Washburn

Susannah Cox age 60, states Thompson Cason bought of Robert A. Cox 2 bushels of wheat in the fall of 1854...the fall before he died.

Susannah [X] Cox

DEPOSITION: ROBERT A. COX age 25, states about April 1854 was indebted to Thompson Cason in the sum of [can't read]; held a note on John N. Gates, sold the note to said Cason.

[Signed] R. A. Cox

DEPOSITION: LEONIDAS CASON, worked for Admrs of Thomas Cason estate getting stock & corn. Receipt of $3.60 for 11 days work dated 2 March 1857 in file.

L. M. [X] Cason

DEPOSITION: JOHN H. CROWDER worked for Admr of estate for which Admr paid "my father Phillip Crowder" 75 Cents, receipt 2 Feb 1857.

John H. [X] Crowder

DEPOSITION: JOHN VANHOOSER states Robert A. Cox paid him about $4 for Thompson Casson after Thompson's death.

[Signed] John Vanhooser

DEPOSITION: JOHN B. ANDERSON states Clerk of Circuit Court paid one of the Administrators of THOMPSON CASSON...judgment against JOHN N. & JOHN T. GATES on 18 Jan 1858. [Signed] J. B. ANDERSON

DEPOSITION: B. B. WASHBURN sworn, states he is practicing attorney, that W. H. Botts' services worth $25.

[Signed] B. B. Washburn

ANSWER: ELIZABETH CASON to Bill of Complaint

Thompson Cason died intestate, she is his widow, filed her bill for dower interest; admits Robert A. Cox and Edward M. Cason are Administrators. States intestate purchased land from Benjamin C. White and executed notes which were assigned and transferred to Henderson M. Clemons; states notes were not a lien on land. Respondent states her dower is superior to all other debts and claims.

[Signed] Elizabeth [Signed] Quarles, Sol.

Attest: Wm H. Botts, C & M

DEPOSITION: W. H. BOTTS, guardian ad litem for minor heirs of Thompson Cason to wit James and Beca Cason. Concurs that Thompson Cason indebted more than personal estate will pay...sell lands to pay debts.

[Signed] W. H. Botts

ELIZABETH CASON, REBECCA ANN CASON, JAMES CASON, EDWARD M. CASON & ROBERT A. COX

vs

WILLIAM H. BOTTS, JAMES A. SPURLOCK, EDWARD M. CASON, ROBERT A. COX, BECKY ANN CASON and JAMES CASON.

On motion, it appearing...cases consolidated and heard together. 18 July 1856 before Hon. Broomfield Ridley.

...decreed by this Court that William H. Botts, C & M, ?Ensley/?Easley Wilmo_ ?re the Sheriff and Denton Moore the surveyor are appointed Commissioners to go upon land and allot Elizabeth Cason her dower in said lands being one-third part according to quantity and quality including the ?mansion house, etc. C & M to sell remainder of property to pay debts. All filings to be before this Chancery court. [No signature]

 

INTERLOCUTORY ORDER came before Hon. B. L. RIDLEY, Chancellor 7 Feb 1855. Thompson indebted to Complainant...has a lien on the negro man DAVID - it does not appear to Court what amount due from said Cason to Complainant at his death. [No signature - mlj].

 

BILL OF SALE - EXHIBIT:

"I have this day bargained & sold & by these presence do convey unto Joel W. Settle and SAMUEL E. Stone, for and in consideration of the price of five hundred and ninety dollars to me paid one negro boy slave named DAVY and I will forever warrant and defend the title to said slave to said Settle & Stone & do further covenant & warrant said negro to be a Slave for life & to be sound & healthy.

"Given under my hand & seal this 7th day of November 1849.

[Signed] Thompson Cason

Wit: Rufus M. Kinnaird, J. W. Settle

Acknowledged: Sampson W. Cassety, Clerk of Court, [Signed] S. W. Cassety

 

BILL OF COMPLAINT: JAMES W. DRAPER, ASBURY DRAPER, JOHN S. DRAPER, Merchants [doing business as] A & J. S. DRAPER and

LAFAYETTE WASHBURN & TOLIVER KIRKPATRICK, Merchants [dba] KIRKPATRICK and WASHBURN of Jackson Co., Tennessee and

WATSON M. COOK and RUSSEL M. KINNAIRD, Merchants [dba] KINNAIRD & COOK, two last named residents of Davidson Co., Tennessee

vs

ELIZABETH CASON, REBECCA CASON, JAMES W. H. CASON, HENRY HALL, HENDERSON DODSON and PETER G. COX, all citizens of Jackson Co., TN, Defts.

JAMES W. DRAPER on 21 May 1860 before Lewis Hix, Esq., J.P., received judgment against Elizabeth Cason, alleges Elizabeth deeded her real property illegally to avoid it being attached. Children James W. H. Cason and Rebecca Cason are minors, and their regular guardian is Peter G. Cox, appointed by County Court of Jackson Co. Dated 16 June 1860.

[Signed] Denton & Washburn, Sols.

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT, 1866

DEWITT, A. W. & McALPIN, J. A.

vs

PLUMLEE, WM F.

[Synopsis: WILLIAM F. PLUMLEE sold land on Knob Creek in District 14 to JAMES RICH, who died before 1867. Land was subsequently sold at auction to Allen W. DeWitt, who was Administrator of James Rich. William F. Plumlee also sold land on Foster's Creek to J. A. McAlpin, who states the property lines were misrepresented or misunderstood, and some land he bargained for was actually that of A. W. DeWitt].

 

DEPOSITION: ALLEN W. D'WITT about 46, states available assets of James Rich deceased insufficient to pay debts; "no property came to my hands as Administrator. Assets $75-$100, debts $150-$175.

[Signed] A. W. DeWitt

JUDGMENT: E. F. Langford vs James Rich, deceased, $40.00 purchase money on land in proceedings. Amons K. Tinsley, Administrator of E. F. Langford, deceased.

Signed] A. K. Tinsley, Admr

Report of Sale of Land by Clerk & Master, states by interlocutory decree of the Court, August term 1867, having advertised, sold on 4 November 1867 at auction, A. W. DeWitt highest bidder and purchaser; Eisha Rich and James Draper, Securities, District 14, Jackson Co., TN. Feby Term 1868.

[Signed] Robt A. Cox, C & M

DECREE: Feby Term 1867 before Hon. Thomas ?Bussey, Chancellor 13 Feb 1867

Defendants Will F. Plumlee, John Strong & his wife Martha Strong failed to answer Complainants bill, judgment "Ex parte". Further, defendants Mary Rich, Sarah Rich, Alfred Rich & Jno H. Rich are minors under age 21 with no regular guardian, ordered R. A. Cox be appointed guardian ad litem. Estate insufficient to pay debts, personal assets about $75.

[Signed] R. A. Cox, C & M

BILL OF COMPLAINT: J. A. McAlpin vs W. F. Plumlee, both of Jackson Co., TN.

Complainant on 15 Feby 1866 states he purchased two tracts of land of defendant for $1400; paid $500 at that time, balance on notes of $450.00 each, due 12 & 24 months. On 15 Feb 1866 Plumlee executed deed; failed to mention the Corners that he had sold - either mistake or fraud, lines wrong per recent Survey dated 8 May 1868, by 8 or 10 acres. States lands sold by defendant are part of 18 acre tract purchased by A. M. DeWitt and Elisha Rich. Complainant on [blank] day of [blank] 1867 he, by request of defendant, confessed judgment on the first note for $450 before S. N. Plumlee, Esq, Jackson Co., TN and again [blank] day of [blank] 1868 before said justice confessed judgment of second note for $450.00...didn't know a fraud. States lands materially depreciated by 8-10 acres...would not have bought...wants contract rescinded and lien on land for purchase money returned with interest. Asks W. F. Plumlee be made Defendant to Bill.

[Signed] A. W. DeWitt, Sol. for Compt

J. A. [X] McAlpin

R. A. Cox, C & M by James Draper, DC&M

C & M requested to issue writs of Judgment 25 May 1868.

[Signed] W. W. GOODPASTURE, Judge

RESPONDENT: PLUMLEE admits he sold land to James Rich in his lifetime. Denies other charges.

[Signed] Lowe, Sols.

[Signed] Will F. Plumlee

Test: 7 July 1868, R. A. Cox, C & M

PROSECUTION BOND: J. A. McAlpin and A. W. DeWitt executed 9 May 1865 to William F. Plumlee for $600.00.

[Signed] A. W. DeWitt

W. F. PLUMLEE vs Joseph B. Roberts, L. C. Armstrong and L. W. Oblesby

Before me, R. A. COX, 20 July 1868:

JAMES W. McHENRY age 35, states he is and was Solicitor in case of Jo B. Roberts in cause of L. W. Oglesby and others; original bill vs Permelia Langford & others. States he is Solicitor of Joseph B. Roberts and Permelia Langford; prosecuted Judge's Fiat, Bill and Cross-bill.

States at that time Joseph B. Roberts was on the eve of leaving the State of Tennessee and moving to Texas, which he did.

[Signed] James W. McHenry

 

PETITION FOR SALE OF LAND:

Allen W. Dewitt, Nancy Rich, Jeulea Rich, all of Jackson Co., TN, vs

Will F. Plumlee, Mary Rich, Sarah Rich, Alferd Rich & John H. Rich, all of Jackson Co., Tennessee and John Strong and his wife Martha Strong, State of Indiana.

Land in Jackson Co., Tennessee, fully described in Title Bond from defendant Plumlee to James Rich, deceased. James Rich departed this life [blank] day of [blank] 18[blank] in Jackson Co., TN. In his lifetime he purchased a small tract of land. Allen W. DeWitt is Administrator of deceased. Complainant Nancy Rich is the widow. Complainant Jeulea Rich is the daughter. All defendants except Plumlee are the children and heirs at law of deceased. Defendants Alford, Sarah & John H. Rich are minors. Said tract after dower is laid off to widow Nancy Rich, the land is not susceptible of division or partition, requests land be sold.

[Signed] Cox & DeWitt, Sols for Compt

 

C & M ORDER: To S. N. Plumlee, David J. McAlpin and E. L. Jackson, Surveyor, of Jackson Co., Tennessee. October term 1870, Chancery Court. Nancy Rich is a widow of James Rich, deceased, entitled to dower. 23 Feb 1871 [Signed] R. A. Cox, C & M

 

DOWER TRACT in Jackson Co., Tennessee, on waters of Knob Creek, 36 acres, begin at Foster's corner [metes and bounds using marked trees; no names]; constitute one-third of the estate of James Rich, deceased.

[Signed] George H. Plumlee, William Plumlee, William Hawkins, Surveyor & Commissioners.

 

[NEW CASE]: JACKSON COUNTY TENNESSEE CHANCERY COURT 1873

DEWITT, BELL etal

vs

RICHARD P. BROOKS

CERTIFICATION: USA Middle District, Tennessee, Edward A. Campbell, Clerk of District Court affirms true and correct copy of Bankruptcy of Uriah T. Brown. Nashville, 19 August 1874.

[Signed] Connally F. Trigg, Judge, Dist. Court, Nashville, TN

AFFIDAVIT: I, Milton DRAPER sold tract in 11th District, Jackson Co., Tennessee to R. P. BROOKS for $8800, estimated 260 acres. Beginning original corners Jesse McClendon tract [metes & bounds, tree markers] to dry hollow north of a spring known as Rogers Spring, down said hollow to Flynn's Creek, meander to Cumberland River...excluding 3 shares of the Widow Hobbie's dower, each share consists of 7 acres, towit Elijah Holloman in right of his wife; Peter Seel in right of his wife; William King in right of his wife, all heirs of Matthew Brooks, decd. 23 July 1863.

[Signed] Milton Draper

Witnesses signed: U. T. Brown & Jimmerson Brown

Test: 23 Aug 1863, W. G. Cox, C & M

Registered: 20 Aug 1863, Jackson Co. by Z. Vanhooser, Register, Book L p. 361

EXHIBIT: DEED from BROOKS to BROWN

[Note: Only bottom portion of following deed was submitted to Court as Exhibit - mlj].

"said Mary A. Brown, Thomas J. Brown, Sarah A. Brown and Cary ?P. Brown, an undivided share, one-half said land above described, to have and to hold..."

27 Feb 1868.

[Signed] R. P. Brooks

Wits signed: B. B. Washburn, D. K. Fink

Registered Book M, pps 498 & 499, 27 Feb 1868, Z. Vanhooser

[?Re-registered after fire?] 19 October 1874, Book A pps 286-287, J. H. Chaffin

NOTICE TO APPEAR: to R. P. Brooks, 4 Monday in Apr 1873 concerning bill in equity filed against him by Bell Brown by her husband and next friend A. W. DeWitt on the 4th Monday in October 1874.

[Signed] R. A. Cox, C & M

Wit: Robert Alexander, C & M [Signed] A. B. Botts [?Title]

 

EXCEPTIONS TO COMPLAINT: By Defendant R. P. BROOKS: Defendant R. P. Brooks makes a certified copy of U. T. Brown Bankruptcy a part of his answer to this proceeding...petition of said Brown filed 21 Feb 1868. Deft files a portion of deed made by himself to the children of Brown to the lands in controversy...does not say portion of torn deed not in existence...need to produce before bringing him to court.

16 June 1875

[Signed] A. W. DeWitt, Solrs for Complainant

[Signed] B. B. Washburn, Sol. for R. P. Brooks

AMENDED ANSWER: of R. P. BROOKS to Complaint of Belle DeWitt by next friend A. M. DeWitt, states U. T. Brown in his lifetime on 20 Feb 1868 filed voluntary bankruptcy. 18 May 1868 W. B. Butler and [cannot read] assignee of U. T. Brown gave bond. Respondent avers that U. T. Brown did not die seized and possessed of any of property described.

[Signed] Williams & Morgan, [by] John P. Murray

REQUEST TO DISMISS [No date or signature - mlj]:

Margarett J. DeWitt} & Homestead Dower Case

vs R. P. Brooks and others

Came parties to dismiss by their Solicitor. Each pay half of costs.

 

GUARDIAN APPOINTMENT, U. T. BROWN Minor Heirs:

...following Defts are minors & their regular guardian A. W. DeWitt whose interest in this suit is inconsistent with said minors to wit Mary Crawford, Angelina Brown, Thomas Brown and Cory Brown, and that Margaret Brown a minor under age 14 with no regular guardian...T. H. Butler appointed Guardian ad litem to answer and defend for said minors. R. P. Brooks has until July rules to answer for himself and Deft Alexander Crawford. April term 1878. [No sig.]

 

[Note: Possibly next Deed misfiled & filmed out of place, or part of this case? - mlj]

WARRANTY DEED: I, Maud Anderson, Jackson Co., TN, hereby transfer to U. T. Brown and wife Ada, all of Jackson Co., TN, for $250 a tract of land...Dry Fork of Flynns Creek Dist. 11...beginning dry fork creek to branch below barn to Lee Ragland's gate, south with Ragland to J. H. Anderson and Henry Brown line, NW to J. H. Anderson line to tract said Anderson now lives on...being 20 acres more or less. 21 Feb 1899. [Signed] Maud Anderson

Wit: J. M. Upchurch, W. A. [can't read]

Attest: W. H. Brooks, Clerk, 7 April 1899

AGREEMENT TO CONTINUE: Bell DeWitt by husband & next friend A. W. DeWitt...agree to continue case...two sets of minors. T. H. Butler appointed to answer...released as such guardian ad litem for answering for deft Margaret Brown and on motion H. G. Young a practicing Solicitor of this court is appointed for said Margarett Brown. Have until August rules to file. One of minor defendants represented by T. H. Butler to wit Angeline Brown has intermarried with one Monteville Herring since filing of Complainant's bill. May, 1875, Minute Docket G p 373.

[Signed] Butler & DeWitt, Sol.

BILL OF COMPLAINT: JAMES DRAPER vs URIAH T. BROWN of Jackson Co., TN and ISAAC J. HINDS of the State of Illinois. To: Hon. Broomfield L. Ridley, Chancellor, 4th Chancery Division.

Orator is practicing attorney at law. Hinds some time previous to 2 March 1856 instituted action...slanderous words on Uriah T. Brown...same day employed Orator to prosecute; executed note $50.00, not paid. Brown and Hinds compromised, Brown agreed to pay costs. Judgment $50 and costs in hands of William W. Goodall, former Sheriff. 12 April 1856

[Signed] A. B. Botts for Compt

SUMMONS TO APPEAR: Dated 4th Monday in April 1874 to R. P. Brooks, Margarett Brown, Alexander Crawford and his wife Mary Crawford, Thomas Brown, Angelina Brown & Cary Brown on 4th Mon in Oct 1873.

[Signed] R. A. Cox, C & M, By A. B. Botts, DC&M

ANSWER: of M. B. YOUNG, guardian ad litem of Margarett Brown minor heir of Uriah T. Brown, deceased to Bill of Complaint of Bell DeWitt by next friend A. W. DeWitt. Complainant Bell DeWitt was the wife of U. T. Brown at the time of his death [blank] March 1870. R. P. Brooks appointed administrator. Brown during his lifetime had purchased lands from Brooks, which have been rented out several years; states his Ward entitled to portion of rents. 4 or 8 Oct 1875.

[Signed] M. B. Young, Gdn

[Signed] R. A. Cox, C & M

[Note: 1860 TN Sistler census index, J-52-295: DeWHIT, Allen W. 40, Disey 46, William 16, Nancy 14, Elizabeth 12, Saml 10, Jefferson 9, Molly 8, Elisa 4, Marey 67].

GUARDIAN'S STATEMENT: T. H. BUTLER, Guardian ad litem of Mary Crawford, Angelina Herring formerly Angeline Brown,Thomas Brown & Cary Brown, minor heirs of U. T. Brown. States does not know facts personally, has read answer of Co-Defendant Richard P. Brooks, adopts same as his own. 4 October 1875.

[Signed] T. H. Butler, Guardian ad litem

AFFIDAVIT OF CONVEYANCE BY MILTON DRAPER:

Dewitt & Brooks, Admrs of U. T. Brown, deceased; Mary Brown minor heir of U. T. Brown, dcd; Alex Crawford and Mary Crawford his wife; Angeline Brown, Thomas Brown & Cory Brown.

[Blank] March 1870 Brown died in Jackson Co., TN, owned one-half of tract of land purchased of Milton Draper 6 Oct 1862 by R. P. Brooks on Cumberland River adjoined by lands of Wm S. Johnson, A. H. Hoover and others supposed to contain about 100 acres, full consideration paid by Brown during his lifetime of $1705...evidenced by title bond 20 Oct 1862... as follows "I have this day sold Col. U. T. Brown"...

[Signed] Milton Draper

Attest: Jimeson Brown

...also the following on dry fork of Flynns Creek 100 acres more or less in Dist. 11 it being the place that R. P. Brooks purchased of Jemeson Brown upon which said Brown formerly resided and where Leroy Brown resided on 19 Oct 1859. Complainant avers and charges that she as widow of said U. T. Brown is entitled to dower and a homestead...value of $1000 in each of said tracts plus back interest; Margarett Brown, minor, entitled to a share, as a child and heir at law of said U. T. Brown, deceased, said Margaret Brown is the only issue of her and the said deceased that are living. Defendants Thomas Brown, Mary Crawford the wife of Alex Crawford, Angelina Brown and Cary Brown are minor children of U. T. Brown by a former marriage - all under age 21. A. W. DeWitt was appointed their guardian but will not represent in this suit. All children entitled to tracts hereunder set forth, share and share alike, after widow's dower.

[Signed] Butler & Dewitt and W. H. Botts, Sol.

ANSWER: R. P. BROOKS, Bell DeWitt widow, child Margaret Brown. Defendants Mary A. Crawford; Sarah A. Brown called Angeline; Thomas J. Brown and Cary P. Brown children by a former marriage - only heirs at law of Uriah T. Brown, excepting R. P. Brooks. Sarah A. Brown since married with Monteville Herring. Brooks denies homestead and dower rights to widow and child Margaret to either tract. States Brooks bought land in 1862 of Milton Draper at the request of U. T. Brown and wife Cyprisser Brown who was the daughter of this Respondent. Cyprissa was the mother of U. T. Brown's other children. Respondent furnished money to pay Milton Draper for land. 27 Feb 1868 by direction of Dr. U. T. Brown, land was conveyed to Mary A. Brown, Thomas J. Brown, Sarah A. Brown and Cary P. Brown, children of U. T. Brown and Cyprissa [nee Brooks] Brown. 22 April 1875.

[Signed] Washburn & Morgan & J. P. Murray, Sols.

PETITION OF DEBTOR: URIAH T. BROWN, living 7th District, Jackson Co., TN, occupation Farmer and Physician. 21 February 1868.

[Signed] U. T. Brown

[Signed] Jno P. Murray, Sols.

List of Unsecured Creditors/Address/Amount/Reason for Indebtedness:

Francis M. Price/Gainesboro/$100/Loaned Money.

Strickland Ellis/Nashville/$1500/Security for T. J. Jones.

Hugh Douglas/Nashville/$900/Security for T. J. Jones.

Bank of Middle Tennessee/Lebanon/$100/Borrow money.

B. F. C. Smith/Sumner Co/$60/Goods in store.

Sarah Hull [or Hall], Jackson Co/$100/Only sec for J.C. Brown & G. Floyd

Sampson McClellan/DeKalb Co, TN/$200/Sec for H.Hoover, Wm Hoover, Samuel Crim. Martha Rogers & J.T. Hogg/Jackson Co/$100/Loaned Money.

Jameson Brown, Admr of Thomas, 1856/$700/Money loaned T.J. Jones.

R. E. Page/Nashville/$100/Drugs.

Berry Demourelle/$30/Drugs.

[Signed] U. T. Brown

REAL ESTATE SCHEDULE: - "I have no lands".

[Signed] U. T. Brown

PERSONAL PROPERTY SCHEDULE, seized by P. McCarver, Dep. Coll. included usual tools, household goods: Bible, Hymn Book, Medical Books valued at $75.00.

AMENDED LIST OF UNSECURED CREDITORS: [address listed if given]:

Gardenher & Webb, Sparta, Overton Co, TN $40; A. S. Hufhines, Jackson Co $100; Samuel G. Slaughter, Admr of James Young dcd $129; James Hargis, Granville, security for Matt Jones, $35; S. W. McClellan, Alexandria, DeKalb Co, TN $60; A. S. Hufhines, Jackson Co, Security for J. C. Brown $25; A. G. Haile, note for $79; A. W. Warren, note for $12; Noel George $12; Thos Jones $400; Steven Roberts $11; Geo Stout $5; Thomas Young $10; Matthew Mathes $13.50; L. Collier $26.95; James M. ?Davis [or Dennis] $17.75; Wm Hargis $43; H. R. Keith 45.

[Signed] J. W. Johnston, RinB [Referee in Bankruptcy] 1 April 1868

 

[NEW CASE] JACKSON COUNTY COURT 1876

DEWITT, MARGARET I.

vs

DEWITT, WM H. etal

To Hon. M. B. Young, Judge. Margarett I. DeWitt widow of A. W. DeWitt, decd. Bernice DeWitt and Adora DeWitt are the only minor heirs and are the children of Margaret I. DeWitt. 6 June 1876.

[Signed] Margaret I. DeWitt

INVENTORY OF LAND OWNED BY A. W. DEWITT:

[1] Two deeds from S. F. Murray to Allen W. DeWitt, land occupied by petitioner as a residence, where said DeWitt lived at death, widow entitled to homestead and dower.

[2] One tract by Title Decree, Cox & DeWitt vs Maranda Swearingin, etal.

[3] Title Decree Cox & DeWitt vs Jas W. McHenry.

[4] Deed from Pollard Gipson to COX & DeWitt for 50 acres.

[5] Title Deed from W. H. Botts to Cox & DeWitt.

[6] Joe Lynn Tract on Roaring River.

[Signed] Margaret I. DeWitt

Personal Property Estate Sale listed several purchasers, one being Mrs. Belle DeWitt for one bed for $8.50.

NOTICE TO APPEAR TO: MARY C. SPEARS and PHILIP SPEARS...on the 3rd day of April 1876, I will apply to the county court of Jackson Co, Tennessee at the court house in Gainesboro to have dower and a homestead assigned me out of the property of Allen W. DeWitt, deceased.

[Signed] Margaret I. Dewitt, widow of A. W. Dewitt

NOTICE TO APPEAR: A. W. DEWITT vs LEVI McWHORTER, 12 Dec 1867.

[Signed] R. A. Cox, C & M

NOTE TO SHERIFF, Jackson Co, Tennessee, requesting that he serve notice to appear on Dr. Wm H. Dewitt as soon as possible.

[Signed] Maggie I. Dewitt

BILL OF COMPLAINT: ALLEN W. DEWITT of Jackson Co vs LEVI M. McWHORTER of [blank] county, Kentucky. To: Hon. Thomas Barry, Chancellor. Complainant on 6 Dec 1860 sold Defendant land in Dist. 5 on credit on Thompkinsville Rd. adjacent George Miles, Allen Davis and others in Gainesboro. Land auctioned 1st Monday in Nov 1867, A. W. DeWitt, Purchaser.

[Signed] Dillard & Dewitt, Sols. for Compt

PETITION OF MARGARET I. DEWITT: To Hon. M. B. Young, states on 17 January 1876 Allen W. DeWitt died in Jackson Co, Tennessee intestate. Following children by a former wife:

Lizzie DeWitt of Kentucky; Jose McDonald of Nashville; Mary Speers wife of P. Speers of Macon Co, TN; William H. Dewitt of Smithville, DeKalb Co., TN; Nancy Butler wife of Mounce Butler, both Jackson Co, TN; Eliza Richmond wife of William Richmond; G. M. Dewitt; T. H. Dewitt; Fanny Dewitt. Complainant Margaret I. Dewitt states she married Allen W. Dewitt, decd on 9 June 1873. Their only children are minors, Burniece Dewitt and Adora Dewitt. All the latter are residents of Jackson Co., TN. Margaret is consequently his widow, states deceased owned land in 11th District of Jackson Co., requests dower and homestead, states she has given notice to heirs and to J. M. Morgan, Admr of Decd.

PETITION OF WILLIAM DAWS: To: Hon. W. G. Crowley, Chancellor, 5th Chancery Division, Jackson Co., TN.

Mounce G. Butler vs William Daws, James Hargis, A. B. Holleman & Jones H. Brown.

Butler is surviving partner in the law firm Butler & DeWitt, employed by Wm Daws and rendered valuable service for him in cause of William Vitetoe & others. 6 Oct 1874 Daws executed note for $100, partition of land. "I have life estate in part partitioned to me". 26 October 1874.

William [X] Daws

Attest: Joshua Haile, Min Book G page 19 & 20

WILLIAM VITETOE vs WILLIAM DAWSE order can be found Book G p. 151. 23 Aug 1873 William Daws signed deed of trust, conveyed to James Hargis as Trustee his crop of corn & tobacco grown on land. Defendants A. B. Holleman & Jones H. Brown, Merchants at Granville doing business in style of Holleman & Brown.

RESPONDENT ANSWERS: J. M. MORGAN, Admr of estate of A. W. DeWitt to Bill of Complaint filed by Margaret I. DeWitt [Recap of land owned by A.W. DeWitt].

Joint and Several Answers of M. G. Butler & wife Nannie; Fannie DeWitt; J. H. DeWitt; Samuel M. DeWitt; Wm H. DeWitt, Jr; Lizzie Dewitt; Wm Richmond & wife Eliza Richmond, Josie S. McDonald & her husband [blank] McDonald; Mary C. Spear & her husband Philip Spear, J. M. Morgan, Admr. Respondents except J. M. Morgan are the only children and heirs at law of A. W. DeWitt, except two minor children remaining with petitioner.

One tract deeded to Marjory W. Settle, who sold some firewood for purchase money.

Tract in Clay Co. was deeded to daughter Fannie Dewitt.

Tract in Cumberland Co., Tennessee through collecting debt [not clear whether acquired by collecting a debt, or sold for a debt].

Once owned land in Arkansas...several years ago was sold for taxes.

Except for town [Gainesboro] property, is of little value, would not sell for more than $1500. Denies that widow is entitled to partition and homestead...not suitable to partition. Deceased at death had large debt to Gardner & Buchner & Co., incurred before March 1868, still in court; also large amount for L. M. Price, former tax collector. Expects estate to be insolvent.

[Signed] M. G. Butler & R. A. Cox, Attys

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1851

DEWITT, WM H.

vs

YORK, WM etals

BILL OF COMPLAINT: DR. WM. H. DEWITT of Macon Co., TN vs FLEMING MERIT, CURTIS W. YORK, SAMUEL YORK all of Jackson Co., TN and WILLIAM YORK of [blank] Co., Missouri.

About [blank] day of [blank] 1850 Defendants practiced gross fraud upon he and his brother A. W. Dewitt. Six or seven years ago, Curtis, the father in law of defendant William York departed this life leaving several children and valuable property. A paper purported to be Wood's Last Will & Testament decreed that slave ABRAM should be set free. Before making his will, said deceased petitioned the Court in Jackson Co., TN to emancipate and set free one negro named DANIEL and one other negro a woman named JINCE since which time JINCE has had two children. Defendant William York pretended Wood had transferred to him all interest to slaves, proposed that Curtis Wood was to be declared insane, and that he York would be a credible witness. William York sold negroes to Wm H. Dewitt and A. W. Dewitt, they took possession of Abram and Daniel, and were sued by them for false imprisonment; forced to abandon claims to them. Notes are in the hands of Curtis W. York & Samuel York for collection for said William York. Ask that contract be rescinded and defendant Merit Fleming be enjoined from paying over money, transferring or selling notes.

[Signed] M. M. Brien, Sol. [Signed] Wm. H. Dewitt

Before me, Alvin Cullom, Judge, 21 Nov 1851.

 

BILL OF COMPLAINT: FLEMMING MERRITT vs

Curtis Y. York and Samuel York of Jackson Co., Tennessee; Wm H. Dewitt of Macon Co, TN and William York and John J. York of the State of Missouri.

To Hon. B. L. Ridley, Chancellor, 4th Division, Jackson Co., TN.

About [blank] day of April 1850, Orator Flemming Merritt purchased of defendant Wm York about 430 acres, Dist 5, waters of Trace Creek of Barren River in Jackson Co, TN, gave notes of $492 to William York and $214 to Curtis W. York. Note to Curtis YORK was part of consideration for land, by direction of deft Wm York. Balance of about $299 owed on notes to William and Curtis. Deft Wm York exchanged a tract in Macon Co, TN to one John Eakles, couldn't get clear title, filed Bill of Complaint at Lafayette, Tennessee, case still pending, appealed to Tennessee Supreme Court, and lien has been placed on property Merritt bought of the Yorks. Wm H. Dewitt filed Bill of Complaint against Samuel H., Curtis W. and William York. William York since transferred notes for $100 and $106 to deft John J. York, now in hands for collection of Samuel York, charges fraud, ask they be permanently enjoined from trading, transferring, collecting balance. [No sig].

21 January 1853

DEPOSITION: JACKSON PERRY age 36, was present when Flemon Merritt bought land on contract, Curtis W. York present, William York said land was unencumbered. Lies both sides of Trace Creek.

[Signed] Jackson Perry

DEPOSITION: CHRISTOPHER J. BOCOCK age 74, present, land both sides Big Trace Creek. Sworn, states Curtis W. York and John J. York are sons of William York. John J. York resided with his father at time deed executed. Curtis W. York lived on left side of creek on part of the same land Merritt Fleming purchased of Wm York.

Christopher J. [X] Bocock

ANSWER: CURTIS W. YORK and SAMUEL H. YORK to Wm H. DeWitt, Complt. State they have no notes or effects of co-defendant William York in their hands or possession. Samuel York answers that his brother put into his hands for collection about 20 or 24 of July last two notes for $100 and $106.

[Signed] Quarles, Sol.

[Signed] Curtis W. York, S. H. York

ANSWER: FLEMMING MERRITT to W. H. DeWitt complainant, states knows nothing about fraudulent sale of negroes. Co-defendants Samuel York and Curtis W. York hold notes given in consideration for land. 13 Jan 1852.

[Signed] F. Merritt [Signed] Denton, Solr for Deft

PROSECUTION BOND: FLEMING MERRIT to William, Samuel, & Curtis York and William H. Dewitt for $250. [Signed] F. Merritt, Holland Denton

COPY OF DEED: WILLIAM YORK of Jackson Co to CURTIS W YORK of Macon Co, dated 6 Mar 1850 for 200 ac on waters of Big Trace Creek & Cherry Tree valley bounded by Samuel McClendin line...Roger Pedigo line...thence with Reaves line...William Beans line...north with H. Woods line to the holler...meander the creek to the beginning being in the Counties of Jackson and Macon, State of Tennessee.

William [his X mark] York

Wits [Sign]: A. Briley, John J. York

John M. Gipson, Register, states true transcript...Book H P 754 & 755.

COPY OF DEED [same tract]: FLEMMING MERRITT from CURTIS W. YORK. Dated 2 Nov 1850.

[Signed] Curtis W. York

Test: James A. Spurlock, Jabez G. ?Gist

Deed registered 5 July 1853, Book I p 104 & 105, [Signed] John M. Gipson

 

[?NEW CASE?]: This was the only thing on film about this case; not in separate folder as most cases were, possibly misfiled/filmed with above DEWITT vs etal by error - mlj].

W. W. Draper, Administrator of S. H. York, deceased vs

WM YORK, Guardian of J. M. G. YORK.

J. S. MONTGOMERY signed as security on prosecution bond, asks court to release. Complainant to give new bond before case tried. July rules, 1897.

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1887

DISMUKES, D. J. etal

vs

HIX, JOSEPH

PETITION: D. J. DISMUKES & F. B. CUNNINGHAM vs JOSEPH HIX, all of Jackson Co., TN to Hon. John A. Fite, Judge & C

States Joseph Hix recently sued before A. Monday, J. P. 25 June 1887, $23.00 and costs, judgment rendered, appealed, papers lost. Didn't know until today when their agent W. T. Eakle came to see about it. Request new appeal.

[Signed] Cox & Anderson, Attys for Petitioners

AFFIDAVIT: W. T. EAKLE, agent, states facts hereinbefore stated are true.

[Signed] W. T. Eakle, Agent

[Signed] Clay Reeves, Clerk

SUMMONS TO APPEAR: J. D. WATSON, EDWARD HUFHINES, ?PSADE MERTT, SAML BRABERY to appear before Squar [Squire] Mundy 15 June 1887.

SUMMONS TO APPEAR: 25 June 1887 to Sheriff or any constable of Smith Co, Tennessee to: J. H. SMITH, WM EAKLES before Alexander Clark, J. P.

LIST OF DEBTS OWED: By DISMUKES & CUNNINGHAM to Joseph; totals about 50 bushels meal, 50 lbs bacon, 2 bushels corn, value $28.00.

 

[NEW CASE]: JACKSON COUNTY, TENNESSEE CIRCUIT COURT 1895

DISMUKES, R. L.

vs

DUDNEY, S. S.

CONTINUANCE REQUESTED: by S. S. DUDNEY

States cannot go to trial for lack of evidence of James Hamilton, Thomas King, E. L. Collyer, John Buhler and [blank] Buhler, his son. Mentioned letter from Thomas ?Riney of Lebanon, Tennessee.

[Signed] S. S. Dudney

[Synopsis: Robert L. Dismukes was engaged to be married to Mrs. Sally Chapman on 30 December 1894. She broke the engagement three days before the nuptials, ostensibly because of information communicated to her concerning Mr. Dismukes' character by S. S. Dudney. Matters were further complicated by Mr. Amonett F. Kirkpatrick, a recent widower who had removed to Texas. He had returned over the Christmas holidays to woo Mrs. Sally. R. L. Dismukes sued Dudney for $10,000, charging slander. Mr. Kirkpatrick returned to Texas still unwed, and at some point during the case [by 1 Sep 1895] Mrs. Sallie Chapman became Mrs. R. L. Dismukes. - mlj].

LETTER ADMITTED AS EXHIBIT 1 from by E. C. COLLIER of Liggett, Polk County, Texas, to S. S. Dudney dated 22 October 1895, recopied by Draper, Sol:

Collier said he knew Bob Dismukes "as we called him", living near Lebanon, Tenn but at present now living in Jackson County, Tennessee. Knew Bob about 16 or 17 years ago, inferred Bob had stolen a pistol worth $12.50 from his back room and a silver watch and chain from his show case; that it was the same pistol Collier had used to shoot a man [unnamed] some years earlier in his store who had "let fly a 2 pound weight but I dodged it & I drew my pistol & shot him twice before he fell killing him very dead".

Bob Dismukes' mother lived East of Lebanon and his sister lived on the Cumberland River "some 4 miles from my store". Bob Dismukes and a Mr. Billings, who E. C. Collier thought was a cousin of Bob's stopped in Collier's store on a Sunday evening. Bob Dismukes asked to borrow $500.00. Collier said he had two stores to keep up & a black smith & wood shop to run, and had no money to let out. The following Monday morning, the glass display case was broken and the watch and pistol were missing. Later he learned that the same Sunday evening, Bob Dismukes had passed by John Buhler's shoe shop "a good old Dutchman shoe maker", fired two shots "& hollowed & run the horses. They run into town & called in at a lot of loose women's after night & Mr Thomas King was town constable. Bob & parties got up a racket & Tom King run in & captured Bob & took the pistol away from Bob." Tom King recognized it, and asked Dismukes what he was doing with Capt. E. L. Collier's fine pistol. Collier went to see Bob Dismukes, and stopped in to see a brother of Bob, John Dismukes, who was teaching school on the road from Lebanon to Bob's mother. Letter mentioned "Bob's brother-in-law Robert Johnson lived near my store", who asked about Bob's taking the watch and pistol, and the Lebanon newspaper had a story about Bob "leaving the country so sudden"...by way of Nashville. Collier later learned that a young man, Mr. Taylor, born near Lebanon and who knew Bob, had the watch, which was engraved with "E. L. Collier" and "Pastor John S. Rice", who gave Collier the watch. Mr. Taylor worked on Dr. Hackett's farm about six miles of Nashville. Collier had already made plans to go to Texas, "being a good-hearted sort & didn't have time to law", let Taylor keep the watch.

Folds are in last page, but names mentioned "some of the best mens names around", [can't read] of Lebanon; James D. Hamilton, Lebanon; Luch Buhler of Lebanon; Gid ?Gliovis of Lebanon; John Sanders Lawyer or Brother; Mr. Taylor of Dr. Hackett farm Nashville.

[Signed] E. L. Collier

DEMURRER: By S. S. DUDNEY, gave no genealogical information. Said he didn't say all those things, and if he did, it wasn't done maliciously and they were true.

[Signed] S. S. Dudney

NOTICE OF DEPOSITIONS: Dated 9 Dec 1895, to be taken Monday 30 December 1895 at the office of the Circuit Court clerk at Lebanon, Wilson Co. Issued to Payton Collier, Tom King, J. G. Hamilton, Tract Williams, Marshal Moss, John S. Rice, Bill Billings, Jim Blair, Mrs. Jim Blair, Jim Nelson, Mrs. Emily Blair, Henry Blair, Ben M. Drake, George Billings, S. G. ?Sraton.

[Signed] Dudney by J. S. Momtgomery, Atty.

NOTICE OF DEPOSITIONS to be taken 29 June 1895 in Gainesboro. Issued to Mrs. Dr. Z. M. Young, Mrs. J. V. Minor, Mrs. A. E. Eaton, Mrs. Emma Kelly.

SUMMONS TO APPEAR issued to Garett A. Maxwell 6 November 1895.

MOTION FILED BY GARDENHIRE & GARDENHIRE, Attys on November 1895, stated that Dismukes did feloniously take pistol & watch in Wilson Co., TN.

DEPOSITION: A. E. EATON age 35, now reside near Double Springs, Putnam Co., removed from Gainesboro about 1 Jan 1895, know parties to case. Stated Mrs. Sallie Chapman was his first wife's sister. That he had gone with Dudney to see Mrs. Sallie 30 December 1894. During the visit, Dudney told Mrs. Sallie the report might not be true. Mrs. Sallie said she had already decided to dismiss him [call off the engagement], that she had written one letter to that effect before the report, but it had not been sent. Sallie Chapman wanted Dudney to write a letter for her to Mr. Dismukes to keep him from coming around for three or four days, at which time she will have removed to Dixon Springs. Dudney declined, and A. E. Eaton wrote the letter stating the responsibility of marriage to Dismukes was too great, and her health was too frail, and gave it to his sister-in-law. A. E. Eaton further related that when he was living at the X. L. Hotel in Gainesboro, he had heard the report of Dismukes' character from B. S. Minor, son of Dr. J. V. Minor, and that Mr. Sid Dudney had told B. S. Minor.

Eaton said Mrs. Sallie Chapman was in Gainesboro over the Christmas holidays, and he tried to find her, but missed her at Mrs. J. V. Minor's, returned home, and his [then] wife Nora said her sister had just left. Described Mrs. Sallie Chapman as a good, pure woman. "Mrs. Chapman is a widow and the daughter of a widow. She is the sister of my first wife...Mr. Dudney and myself being distant cousins...Jourdan Montgomery is one of the lawyers for Dudney".

[Signed] A. E. Eaton

DEPOSITION: SALLIE CHAPMAN testifies for Plaintiff, 20 June 1895, at house of Mrs. M. A. Herrod - Dr. James Herrod, Dixon Springs. December 1894 lived north side of [Cumberland] river on Herod farm in Jackson Co., two miles from Gainesboro; now live in Dixon Springs, Smith Co., moved January 1895. Was engaged some time in November 1894 to R. L. Dismukes "on condition that if I heard anything detrimental to his character, it would be void". Engagement broken on Friday after I was in town Thursday 27 December 1894. Stated her mind was a little undecided anyway. Had dinner at X. L. Hotel with Mrs. Eaton. "I am acquainted with Mr. Eaton he married my sister".

Q: Did you not leave home & go to Trousdale Co. to keep from giving your deposition?

A: I can't say that I did. I went over to my sister's. I was aiming to give my deposition before my brother Wade [Herod].

Q: Is not your brother Wade a Justice for Trousdale?

A: My brother is a J. P. in Trousdale [County]. The notice was given for my mother's house in Smith Co.

Q: Was you at Jim Kelly's store and had a conversation with Mrs. Emma Kelly?

A: Was in store, heard no conversation. Stated Mrs. Z. A. Young had helped her write the first letter to Dismukes breaking the engagement due to ill health, which had not been sent.

Q: Had Mr. A. Kirkpatrick come to see you the day before, asked you to marry him...and you preferred to marry him and go to Texas and live in a mansion than marry a man like Dismukes with lots of children?

A: No...Mrs. Minor told me Kirkpatrick had come here after me to take me back to Texas but didn't want to marry so soon after his wife's death. Kirkpatrick never asked me to marry...I would not have married him or any other man in two months after his wife's death. "I am not that bad off to be at a wedding". Kirkpatrick said he had come to see his wife's father & mother..."always had a soft spot in his heart for me".

[Signed] Sallie Chapman

Deposition of Mrs. Z. M. Young at residence of Dr. Z. M. Young, states Mrs. Chapman asked what I would do...who to marry....told her it would be the one with no children. [Signed] Mary E. Young

Mrs. J. V. Minor states knows Mr. Kirkpatrick "when I see him"; that he was in Gainesboro 25 December, stayed with them that night and with Dr. Fowler the next night, left on December 27, 1894. Come here mainly to see Miss Sallie Chapman, had asked to marry Miss Sallie. Her son Beverly Minor had assisted Mr. Kirkpatrick in borrowing a horse and buggy.

Q: Do you know Frank Gore, the son of M. L. Gore?

A: "Yes, sir". Mrs. J. V. Minor said her husband had a drug store; she was between the drug store and Washburn's store, did hollow to someone to tell Mrs. Sallie Chapman she wanted to see her, didn't remember whether it was Frank Gore, but may have been.

Q: What relation are you to Mr. Montgomery, defendant's attorney?

A: "I am his aunt". [No signature]

RE-EXAMINATION OF EMMA KELLY at the residence of F. K. Kelly on 1 September 1895 in Gainesboro. Emma Kelly states she [Sallie] did not ask my advice. He [Dismukes] had lived near my brother in law five or six years and "I heard him say Mr. Dismukes was a mighty nice man.

Q: When did Dr. Ensor, your brother in law, tell you about Dismukes?

A: During Brother Sutton's meeting last of October or the first of November [1894] before they were engaged and about the first time [Dismukes] begin to wait on [woo] Miss Sallie.

Further questioning revealed Sallie Chapman and Robert L. Dismukes were married by this date [before 1 Sept 1895]. EMMA KELLY said she was not related to either party.

[Signed] Emma Kelly

DEPOSITION: Mrs. M. A. Herod age 61, live north side of the Cumberland River, moved to Dixon Springs 15 January 1895. States she is the mother of Mrs. Sallie Dismukes. "A. E. Eaton's first wife was my daughter". Stated Alex Eaton and Dudney had come to see Sallie Chapman before they moved to Dixon Springs.

Mrs. Herod said Sallie came home from Gainesboro 27 December 1894 "had been up to Alice Chapman to make her dress to get married in"...said the whole town was talking about Kirkpatrick coming back to get her, Sallie didn't much like all the talk...Dona Garrett was opposed to the marriage to Dismukes until we went down there and got to know him better...had a big gang of children.

Q: What did Sallie say to her sister Dona's objection?

A: Nothing.

Q: Why are you sympathetic to Dudney?

A: Have no sympathy, just want to see justice done....sympathetic with Dismukes if he's not a thief; if he is, let them prove it.

Q: R. L. Dismukes is your son in law?

A: Yes, he passes for it.

Q: Where do you live?

A: R. L. Dismukes at this time.

[Signed] M. A. Herod

Mrs. Nora Eaton, 29 June 1895 at residence of Mrs. J. V. Minor, Gainesboro. Live Double Springs, Putnam County, lived in Gainesboro until January 1895, is the wife of A. E. Eaton. Stated Mrs. Sallie had given Dismukes "the mitten" [jilted him], and understood her to mean the controversy over questionable character would be a good excuse. Knows A. E. Eaton and S. S. Dudney are cousins, but not "what cousins".

[Signed] Nora C. Eaton

NOTICE OF DEPOSITIONS: J. V. Minor, B. F. Cooper, Frank Richmond, W. M. Gailbreath.

DEPOSITION: J. V. MINOR, age 61, occupation Druggist for 18 years in Gainesboro, live there. Bev Minor is my son. Had heard of the report earlier from Alex E. Eaton of Dismukes accused of stealing a pistol. Have known Sallie Chapman 20 odd years. [Signed] J. V. Minor

NOTICE TO DISMISS: 31 December 1895, notice to Clerk of the Circuit Court..."You are directed to dismiss...all unadjudged costs to be taxed against me.

[Signed] R. L. Dismukes

 

AFFIDAVIT: J. G. HAMILTON, J. P., and THOMAS KING, Wilson Co., TN.

J. G. Hamilton wrote S. S. Dudney and said he had the pistol, which was the same one taken from Bob Dismukes by Thomas King, described markings/engravings revealed by unscrewing the plate on the side.

[Signed] Tom King, J. G. Hamilton, J. P.

[Note: CHAPMAN and HERROD are on Reels #59 and #64, but may be others - mlj].

 

[NEW CASE] JACKSON COUNTY, TENNESSEE, GUARDIAN SETTLEMENT 1884

DIXON, G. W., Guardian of MILTON DIXON

J. H. CHAFFIN, Clerk of the Court; Guardian Settlement with G. W. DIXON minor heir of G. W. DIXON [Note: As written; however, case folder reads "G. W. Dixon, Gdn of Milton Dixon- mlj]

18 March 1890. Last settlement recorded Book B p 65

20 October 1884 due Milton Dixon and Bernetta Dixon, minors & heirs of Joseph Carver, deceased. Included receipt from A. K. Williamson for coffin dated 22 August 1883 for $7.50.

21 December 1885, Settlement.

1st Monday in November 1886, notice to G. W. Dixon guardian of Bernetta Dixon and Milton Dixon to appear 26 November 1886 and make settlement with minor heirs [last date Bernetta Dixon mentioned].

18 March 1889, Settlement.

9 February 1892 Jno H. Chaffin, Clerk of the Court, settlement with G. W. Dixon, guardian of Milton Dixon, minor heir of G. W. Dixon.

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CIRCUIT COURT 1895

DIXON, MARY vs DIXON, JAMES Circuit 1885

PETITION FOR DIVORCE: MARY DIXON filed 3rd Monday in May 1885. States they were married about eleven years ago in Jackson Co., Tennessee and were happy until April 1883 when Defendant left and took up with Martha Murphy and went to Kentucky; were gone about two years. Mary and James Dixon have five children, the issue of said marriage, viz: Sarah E. Dixon, Lou E. Dixon ["Ella" marked through], William B. Dixon, Alice A. Dixon & Etta M. Dixon. Sarah E. was nine years old last July 10, is the oldest child. Defendant has been threatening to take personal property and children and leave the state. Plaintiff asks full custody.

[Signed] GEO. G. HAIL, Sol.

Affirmed true:

Mary [her X mark] Dixon

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1897

M. J. DIXON

vs

COOKEVILLE MARBLE WORKS, C. E. WILSON, Proprietor

NOTICE OF DEPOSITIONS to be taken Tuesday May 4, 1897 at office of J. J. Gore in Gainesboro of M. J. Dixon, J. G. Howell, Robert Gipson, John M. Speakman, Achilles Rawley, Emily Gipson, W. A. Rash Jr., W. E. Putty, J. R. Darwin, W. H. Settle, James Martin.

DEPOSITION: M. J. DIXON, stated he purchased monument on or about 1 May 1895 from C. E. Wilson for his first wife's grave, cost of $60.00, signed notes for amount; Clay Reeves and G. W. Dixon were securities. Said he did not visit grave until Spring 1896 "My present wife & myself went to plant flowers". Said the monument was in three pieces; a sandstone base, a marble base, and the 8" square x 4' marker. Was not happy with monument and installation job, paid $15.00 when first note was due, and $10.00 to J. R. Darwin, Deputy Sheriff, who had execution [judgment] to collect debt due Wilson. Said he thought $25.00 was all he should pay.

[Signed] M. J. Dixon

DEPOSITION: W. H. SETTLE age 39 or will be on 8th of March, occupation carpenter for 15 or 20 years, live Gainesboro near grave yard. Stated monument there of "L. M. Gipson the father of Dixon's wife...put up 10-12 years ago...better shape".

[Signed] W. H. Settle

DEPOSITION: J. R. DARWIN; stated was present when M. J. Dixon & C. E. Wilson made the trade for the monument in Gainesboro. That he had the $10.00, never paid it over to Wilson because he had bought a small tombstone about the same time, paid him and never got it.

[Signed] J. R. Darwin

NOTICE OF DEPOSITIONS to be taken by A. W. & J. J. Boyd in Cookeville, Putnam Co. on 25 May 1897 of C. E. Wilson and R. L. Moody.

[Signed] C. E. Wilson

DEPOSITION: C. E. WILSON age 28, stated he sent R. L. Moody "my workman" to put up the marker and collect the money. Returned with a note signed by Complainant with William Dixon & Clay Reeves as securities, due in 30 or 40 days. Said he had told Complainant he had made it an extra 4" higher due to an extra marble base. Complainant said "he'd pay if he never paid another debt".

[Signed] C. E. Wilson

DEPOSITION: R. L. Moody 24, residence Cookeville, occupation marble cutter. Stated the monument was first set by the agent, and Complainant wanted it pinned to the stone base, so "I went out and did it myself. Complainant examined it and was satisfied." Stated the letters were in good shape; that this type monument would sometimes break loose if it was shaken, but he could fix it in about 10 minutes with 5 Cents worth of cement.

[Signed] R. L. Moody

BILL OF COMPLAINT: MILES J. DIXON vs COOKEVILLE MARBLE WORKS, E. C. WILSON of Putnam Co., TN and JAMES A. DARWIN of Jackson Co., TN, to Thomas J. Fisher, Chancellor 5th Chancery Division.

[Signed] M. B. Young & B. A. Butler, Sols.

[Note: This and subsequent demurrer adds nothing new to above. Never did give first or second wife's names, or first wife's date of death - mlj].

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1893

DIXON, M. J. etals

vs

YORK, J. M. G. etals

LAST WILL & TESTAMENT OF JOHN M. GIPSON

Monday March 7th 1881

In the name of God, Amen.

I JOHN M. GIPSON being of sound mind and of disposing memory but weak of body & knowing that it is appointed for all men to die. In respect to the worldly goods & effects with which it hath pleased almighty God to bless me do make & publish this my last will & testament - hereby revoking all former wills by me at any time made

Item 1st I bequeath my soul to God who gave it & my body to the dust with the blessed hope of immortality beyond the grave.

Item 2nd It is my will that my funeral expenses [fold, can't read rest of line]

debts be paid by my executrix to be herein after named as soon after my decease as practicable but to be paid out of money & effects - I may have on hands at my death but not to have any sale of personal property or lands & town property.

Item 3rd I will & bequeath to my wife ELIZA F. GIPSON in trust for the use and benefit of my son LICURGUS M. GIPSON and his family the tract of land on which he now lives lying on Roaring River & knowned as DANIEL JOHNSON place which shall be held in trust for him during his natural life & at his death to go to his children and heirs at law but should my said son L. M. GIPSON desire it and prefer to live on some other lands I empower & aid trustee if her discretion she thinks proper to sell said tract of land & convey it absolutely and invest the means rising from the sale thereof or use the same for the use & benefit of my son in such manner as she & my son thinks best

Item 4th I will & bequeath unto my beloved wife ELIZA F. GIPSON and my son L. M. GIPSON jointly my fathers old home farm lying on the branch south west of Gainesboro together with all the other lands I have purchased since my father deceased which adjoin said farm this bequest to my wife is for and during her natural life & at her death to go to JOHN M. GIPSON YORK son of ALETHA YORK the one half interest in said lands now bequeathed to my son. I bequeath in trust - to my wife ELIZA F. GIPSON for his use and benefit & at his death to go to his heirs. These lands are to be under the controll of my wife during her life, but should JOHN M. GIPSON YORK die before the death of my wife then it is my will that L. M. GIPSON & his heirs shall take the whole estate

Item 5th I will & bequeath to my beloved wife ELIZA F. GIPSON the town property & town lots where I now live also the tract of land and buildings I purchase of WM. G. COX where S. H. CUNNINGHAM now lives together with all my household & kitchen furnature also the dwelling house lot - Gainesboro now occupied by DR. PILLOW to have & to hold in her own right absolutely.

Item 6th I will & bequeath to my beloved wife ELIZA F. GIPSON all the rest and residue of my property, lots, lands, except the tract on which NOAH STUART lives and personal effects for & during her natural life expressly delegating to my wife the trust & power to use the proceeds arising from the rents of said town property and other real estate for the necessary support of L. M. GIPSON & JOHN GIPSON YORK & her self & if necessary to that end my wife shall have power to sell any portion of the lands & property falling under this item and make good and valid conveyance in fee absolute to the same at the death of my wife I desire such of the property and land bequeathed to her for life under this last item to revert to my son L. M. GIPSON & JOHN M. GIPSON YORK jointly one half to each but should said JOHN M. GIPSON YORK die before the falling in of this estate to him by the foregoing provisions I will that the entire estate shall go to my son L. M. GIPSON & his heirs.

Item 7th I will & bequeath unto SALLIE STUART wife of NOAH STUART tract of land on which she now resides lying in Jackson County 9th Civil Dist. and also a yoke of oxens & a common two horse wagon to have to hold in her own right free from the debts & controll of her said husband & at her death to go to her children & heirs.

7th lastly I nominate my wife ELIZA F. GIPSON to be executrix of this my last will & desire that she may qualify & act as such without being required to give Bond & security having the fullist confidence in my beloved wife I expressly dispense with the necessity of her being required to give any security.

In testamony whereof I have hereunto subscribed my name on this the 15th day of January 1881 in the presence of the subscribing witnesses hereto the erasures interlineation and alterations in the forgoing will were made at my request before being signed & witnessed.

[Signed] J. M. GIPSON

Signed & acknowledged in our presents and witness by us at the request of the testator this date above written.

[All signed] D. K. Fink, H. W. Williams, R. A. Cox

The above will of John M. Gipson was endorsed on the back as follows towit: John Gipson will, the written will was duly admited to proof in open court on this 7th day of March 1881, the death of John M. Gipson being suggested and proven in open court and the due execution of the will was proven in open court by the testamony of H. W. Williams & R. A. Cox subscribing witnesses thereto who also proved the signature of D. K. Fink the other subscribing witness and the same admited to Probate and recorded. [Signed] M. B. Young, Co. Judge

AFFIDAVIT: State of Tennessee, Jackson County} I W. H. Brooks clerk of the county court of said county do hereby certify that the above and foregoing is a correct copy of the will of JOHN M. GIPSON as appears of record in my office in Book B, Page 7, 8 & 9 of wills inventories and admr. settlement Book witness my hand at office this Nov 23, 1894.

[Signed] W. H. Brooks clk.

ANSWER: R. V. Brooks, Administrator of R. P. Brooks, deceased; James T. Anderson, Admr of W. H. Botts deceased & H. W. Williams, August 1886, to the petition of M. J. Dixon & others filed against Respondents & others in Chancery Court, Jackson Co. in the case of L. M. Gipson etal vs J. M. G. York on 20 Oct 1893.

Eliza F. Gipson died about one year after John M. Gipson. W. M. Gailbreath was appointed regular guardian of J. M. G. York, minor under age 21. W. M. Gailbreath resigned. A large quantity of real estate was sold by decree by H. W. Williams, Clerk & Master, Jackson Co, for several thousand dollars, and one-half paid to L. M. Gipson and the other half to J. M. G. York after costs and expenses. That the portion due L. M. Gipson was a trust fund for he and his children, and should not be subject to debts is denied. Said funds were the absolute property of L. M. Gipson on his death, subject to payment of debts of L. M. Gipson, who died intestate in Jackson Co., Tennessee in August 1886. H. H. Cason appointed acting administrator. 8 September 1887 page 212 Minute Docket L, decree rendered on petition of Emily Gipson, general guardian & c and others. Both the guardian of L. M. Gipson's children and the guardian of J. M. G. York and also Clay Reeves Admr & c of J. M. Gipson joined in the petition. S. H. York is the regular guardian of J. M. G. York. Personal assets of J. M. Gipson were heavily litigated, some notes entirely worthless. After paying debts, little was realized by the estate. Claims and notes due estate: James Lynn, Clinton Jones, Jones Brown. Litigation against estate of John M. Gipson by brothers & sisters of E. F. Gipson, they claiming a large portion of estate under will of J. M. Gipson or clauses therein providing for E. F. Gipson [Note: The case or cases of such brothers & sisters claiming part of Eliza F. Gipson's estate was not on this reel].

[Signed] Gardenhire & Anderson

John P. Murray, G. B. Murray, Solicitors for Respondents

PETITION: LENA MAY DIXON & husband M. J. DIXON; ROBERT LEE GIPSON, LEVICA A. GIPSON, JOHN M. GIPSON and sue by next friend M. J. DIXON

vs

J. T. ANDERSON, Administrator of W. H. BOTTS, decd; R. V. BROOKS; THOS YORK & his wife MARY J. YORK citizens of Jackson, Tennessee.

H. W. WILLIAMS, citizen of Wilson Co., Tennessee

EMILY GIPSON, citizen of Jackson Co., Tennessee

WM YORK, guardian of J. M. GIPSON YORK and

JNO M. GIPSON a minor of Jackson Co, Tennessee

To B. M. Webb, Chancellor, Jackson Co., TN Chancery Court

John M. Gipson died [blank] day of [blank] 18[blank] devised by terms of will large quantity of land to his widow Eliza F. Gipson in trust for herself and one L. M. Gipson and his family and Jno M. Gipson York. Jno M. Gipson was and still is a minor, William York now his regular guardian. Petitioners charge that portion to L. M. Gipson was a trust fund for the benefit of himself and children, not subject to debts.

L. M. Gipson departed life [blank] day of [blank] 18[blank] leaving Lena May Gipson, ROBERT L. GIPSON, LEVICA A. GIPSON, JNO M. GIPSON and MARY J. GIPSON his only children and heirs and Defendant EMILY GIPSON is his widow.

PETITION FOR COURT DECREE to pay debts against John M. Gipson's estate nullified 8 Sept 1887.

Petitioners are: LENA GIPSON, LEVICA GIPSON, ROBT GIPSON, JNO M. GIPSON and ANN GIPSON

[Note: I read these and previous names twice; they are "as written" - mlj].

[Signed] M. B. Young, Butler & Dixon, Sols for Compts

 

[NOTE: This next item appears out of order, and probably belongs on another court case/reel entirely. Possibly misfiled years ago, may be more on another reel]:

GEO W. GENTRY by next friend

vs

G. R. LOFTIS

Defendant failed to make defense therefore allegations are held as true.]

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1891

DIXON, T. B.

vs

DIXON, AMANDA

BILL OF COMPLAINT: AMANDA DIXON, citizen of Jackson Co., states she and Defendant were married in Jackson County, Tennessee about [blank] 189[blank]. States willfully left and abandoned her more than two years before filing this bill - yes, more than five years. Petitioner states she has small children and it is necessary for them to work and help make a living. Defendant is blind and has no home and must depend on charities of his own children, and that she and them (The Boys) are making a support as they have had to do for the last five years. Defendant is not a suitable person to have control of the children, asks custody.

JUDGMENT: T. B. DIXON, JAMES DIXON and M. J. DIXON, judgment 7 May 1894, against AMANDA DIXON.

BILL OF COMPLAINT: T. B. DIXON vs MANDY DIXON, 7 May 1894,

States they were married in Jackson Co., TN 27 February 1891. On 26 November 1893 Defendant committed adultery with Samuel Givens in said county, as complainant has been informed before and since. Amandy Dixon is pregnant, not by Complainant. Complainant and Defendant have not cohabited together in eight months. They have one child a boy named Thomas B. Dixon 2 years old; Complainant asks custody.

[Signed] Dixon & Gardenhire, Sol. for Compt

Affirmed: 9 March 1894

[Signed[ T. B. Dixon

INJUNCTION: AMANDA DIXON enjoined from molesting or otherwise interfering with T. B. Dixon or his personal property. 7 May 1894.

 

[Note: This case appears out of order. No file jacket, probably misfiled years ago, may be more on another reel].

John Mqyfield vs W. E. Ragland

9 Feby 1891 cause came to be heard before Hon. B. M. Webb...appeared to Court that Complainant is entitled to possession of land purchased by W. E. Ragland of Lewis Rowland in 1st District lying on the west side of Gainesboro Rd. and the Nick Haile branch. Complainant to retain possession until the end of year 1891...not intended to keep said Ragland from collecting rent due him on and after November 15, 1891.

 

[ABSTRACT RESUMES]

PROSECUTION BOND: T. B. DIXON, Principal and J. B. DIXON, Surety, amount of $250.00 to AMANDY DIXON. 18 May 1891.

[Signed] T. B. Dixon, J. B. Dixon

Complainant states he and Defendant were married 27 February 1891. On 17 May 1891 Defendant committed adultery with one J. W. Brown repeatedly before and since.

[Signed] M. J. Dixon, Atty for Complnt

Affirmed: [Signed] T.B. Dixon

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1872

DIXON, W. N.

vs

SLOAN, JOHN B.

BILL OF COMPLAINT: WILLIAM N. DIXON of Jackson Co., TN vs John B. Sloan of parts unknown, out of the limits of the State of Tennessee. To Hon. W. G. Crowley. In May 1862 William N. Dixon sold and delivered to Defendant a gray mare for more than $140 due May 1865. Said John B. Sloan has no property except an undivided interest in lands of Isaac Sloan, deceased, bounded by lands of William Woodfield [sic] and R. P. Brooks, on the north by James Ray.

[Signed] R. P. Brooks, John P. Murray for Compt

SHERIFF'S EXECUTION: JOHN B. SLOAN'S interest in land in District 3 bounded by heirs of William WOODFOLK, deceased; R. P. Brooks; James Ray.

SALE OF PROPERTY: October Term 1873, 1st Monday in February 1874, undivided interest of John B. Sloane in Isaac Sloane land on War Trace creek near Highland, William N. Dixon became purchaser, he being the highest bidder.

 

[NEW CASE] JACKSON COUNTY TENNESSEE CIRCUIT COURT 1894

DIXON, WILLIAM

vs

GENTRY, WILLIAM

BILL OF COMPLAINT: WILLIAM DIXON states WM GENTRY entered Dixon's land in 2nd District bounded on south by Cumberland River, west by Brooks heirs and M. W. Gaines and north by S. G. Gaines & Sallie Allen, destroyed corn there growing.

SUMMONSED 8 August 1894: W. D. McCoin, Jack Forcum, Elisander Crofford, W. W. Hix, J. A. Hawkins, Wm Ryne [No testimony on reel].

11 August 1894, judgment against Plaintiff William Dixon, ordered to pay costs. Pled poverty, appealed to next term.

William [X] Dixon

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1872

DIXON, W. N.

vs

LAUGHTERY, JOHN Chancery 1872

BILL OF COMPLAINT: WILLIAM N. DIXON vs Jno W. Blakeley and wife Sallie; R. V. Brooks and J. T. Barrett, Admrs of Mary Lottery deceased, residents of Jackson Co., TN. To Hon. B. M. Webb, 27 March 1884.

John Lottery executed to his heirs a promissory note as purchaser for money due on lands sold to him by Complainants, remains due and unpaid and a lien on lands. 6 September 1888 said John Lottery acknowledged amount was still due. Land in 14th District of Jackson Co., being 80 acres on the banks of Cumberland River beginning at the corner of Wm Woodfolk's lower corner of his 650 acre tract. Since execution of said note John Lottery and wife Mary Lottery have died. Defendant Barrett is Administrator of Mary Lottery deceased. Defendants Blakeley and wife and Brooks claim to be the purchasers of said land and are now in possession.

[Signed] Butler & Dixon, Solrs for Compt

NOTICE OF DEBT: 20 May 1891 bill from Dr. H. E. Hart to Mary Lottery for services to husband John Lottery remains unpaid. 6 Feb 1890 visit & consultation; 8 Feb 1890 prescription, total $15.00.

NOTICE OF DEBT: December 1889 Mary Lottery owed Susan Graves balance due on hogs $3.50.

NOTICE OF DEBT: September 1889 John Lottery owed S. C. Harris $3.75 for a horse. Cites Wills, Administrators & Settlement Book C pps 163-166.

BILL OF COMPLAINT: WILLIAM N. DIXON vs John Lottery of parts unknown, supposes in Kentucky. Defendant was arrested [?arraigned] in U. S. Court at Nashville on charge of cucliking [sic - ?counterfeiting]. W. N. Dixon went on bond for $500 before Judge of Federal Court on 3rd Monday in October 1872. Defendant left this country. Left a lot of corn supposed to be 75 barrels and a lot of tobacco supposed to be 3000 lbs, 2 sacks of fodder. Defendant lived on rented land. Asks personal property be attached.

Brooks & Murray, Solicitors for Complt

ESTATE INVENTORY: May 1891, G. T. BARRET, Admr of MARY LOTTERY. Notes ranged from $5.00-$50.00; most in $8-$10 range:

T. B. & J. B. Dixon; J. W. Brown, A. R. Dean, G. M. Holland; Sanders Sisco; H. H. Flatt, Ross Dixon & W. H. Sadler; K. T. Sircy & T. D. ?Corts; J. T. Draper; F. O. Cornwell & A. R. ?Dean; J. B. Kemp & R. K. Kemp; H. P. Harris, I. [or J.] W. Richardson & F. A. Cornwell; W. J. Hardcastle, H. P. Harris & H. S. Ford; J. P. Dixon & G. M. Holland; G. R. & J. S. Sircy; JO & S. T. Givins & J. K. Givens; J. M. Law, B. M. Law, L. ?B. Law; Isac Kent & L. D. Wheeler; W. H. Flatt & G. M. Holland; R. J. & J. W. Blakely; W. G. Miller, PIE Burton & R. J. Blakely; J. G. Howell, James Williams & A. R. Dean; L. D. Wheeler & J. W. Brown.

[Note: Considering the amount of most of these, it could have been the result of renting out farm land, or share-cropping. Notes were usually signed from $1.00-$2.00 per acre and held until the crop was harvested, then paid on thirds or halves, depending on value of land for farming].

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1898

DIXON & STAFFORD

vs

HESTAND, JOSHUA & DAISY Chancery 1898

DAISY RAINEY filed for divorce from John Rainey. Defendant failed to answer. Bill of Complaint stated they intermarried 13 April 1890, lived as husband and wife until February 1897 when he abandoned her. She charged cruel and inhuman treatment. Wants name changed back to her maiden name of Whetstone, custody of their two children [unnamed in suit]. Through efforts of attorneys, she secured permanent alimony of land in 6th District, Jackson Co., TN bounded on north by Whetstone, south by Gore heirs east by Whetstone, west by Gore heirs, being 50 acres more or less. Was decreed to Complainant absolutely, with lien for attorney's fee.

PROSECUTION BOND: M. J. DIXON & J. H. STAFFORD, principals and W. H. BROOKS & J. P. GAILBREATH as security for $250.00 to JOSHUA & DAISY HESTAND executed 5 October 1898.

DEPOSITION: T. M. GAILBREATH, occupation farmer and lawyer, know parties to suit. Know that Daisy Rainey was granted a divorce. Daisy Rainey, nee Whetstone, now Daisy Hestand whose husband is Joshua Hestand, owed for divorce, Daisy promised to pay Dixon & Stafford, Solicitors. Stated services of attorney worth $20.00.

[Signed] T. M. Gailbreath

DEPOSITION: J. M. MORGAN age 67, said services of attorney worth $25.00.

[Signed] J. M. Morgan

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1874-1875

DOBBINS, W. H.

vs

MONTGOMERY, J. A. & others

NOTICE OF SUMMONS: James A. Montgomery, Mary Jane Washbourne, R. A. Cox & Nancy ["Cooper" marked through] Cox his wife, N. J. Cox, James Draper, Thomas Draper, Vininda Draper & Elizabeth Draper, 4th Monday April 1874, 5th Chancery Division.

NOTICE TO SUMMONS: To Sheriff of Rutherford Co., TN, summons Margaret Dobbins, Mary Dobbins, Sallie Bowen, Thomas Bowen & Martha Bowen

CLERK & MASTER'S REPORT: Defendant Robert A. Cox, general guardian of Nannie J. Craig, minor. Cox failed to answer, Samuel A. Morgan appointed guardian for minor Nannie Craig & for Margaret Dobbins & Mary Dobbins, minors.

BILL OF COMPLAINT: W. H. DOBBINS vs Margaret Dobbins & Mary Dobbins of Rutherford Co., TN; J. M. Morgan & James Draper of Jackson Co., TN; Sallie Bowen, Martha Bowen & Thomas Bowen of Rutherford Co.; and Miles Presley Bowen, non-resident of Tennessee, Defendants.

Orator William H. Dobbins is a son and the Administrator of Cynthia Dobbins, decd. All defendants except James Draper & J. M. Morgan are grandchildren of said Cynthia Dobbins, and are minors. Said Miles P., Sally, Martha & Thomas Bowen are children of Martha Bowen who is dead, and who was a daughter of the said Cynthia Dobbins and intermarried with [blank] Bowen. That said Mary & Margaret Dobbins are children of Bailey Dobbins, deceased and who was a son of Cynthia Dobbins. On or about 10 December 1869 his intestate [sic] purchased of defendant James Draper a tract of land for $1500; paid $700 down and gave her notes for remainder of $1500. Prior to date of contract James Draper was indebted by judgment of $1171.92 to Joel W. Settle & ?L. C. Halle. J. M. Morgan as agent had Draper land levied on and sold - bought some for Hall, allowed Draper to redeem. Cynthia Dobbins bought the land, but only $700 of redemption money was paid.

Since filing this bill defendant James Draper departed this life leaving heirs - children and grandchildren, to wit: James, Joseph & Richard Fitzgerald of Texas; John Kirkpatrick & wife Martha Kirkpatrick of Missouri; C. R. Ford & wife Henrietta Ford of Putnam Co., Tenn; R. A. Cox and wife Nannie J. Cox, Sallie Draper, Nannie J. Craig, Mary Jane Washburn, James Montgomery, James Draper Junr, Vivinda Draper, Thomas Draper Junr, & Elizabeth Draper of Jackson Co., Tenn. These are all the heirs of said James Draper, deceased your Orator is informed and believes.

James Montgomery is the Executor of the Last Will. Following are grand children of James Draper, deceased whose parents are dead, to wit:

James, Joseph & Richard Fitzgerald; Mary Jane Washburn; James Montgomery; Nannie J. Craig.

All minors except Mary Jane Washburn and the Fitzgerald children and James A. Montgomery. None have a regular guardian except Nannie Craig's is R. A. Cox [of Jackson Co., Tennessee].

Samuel A. Morgan is guardian ad litem of all minors; states he isn't familiar with the case, "don't know anything".

 

[NEW CASE] JACKSON COUNTY, TENNESSEE CHANCERY COURT 1875

DOCKERY, ROBERT and others

vs

SPURLOCK, DRURY

5 October 1875 Drury Spurlock recovered a judgment in Chancery Court vs Thomas Burgess & Robert Dockery, remains unpaid. Asks that saw logs set for sale near Sam Burgess 29 March 1876, asks logs be attached for costs.

26 April 1875 cause brought before court; Robert Dockery and Thomas Burgess purchased land on south side of Cumberland River in District 15 from Drury Spurlock on 27 April 1873. Drury Spurlock & W. G. Dowell enjoined from collecting two judgments. Spurlock responds, alleges fraud. [No relationships given].

Robert [X] Dockery, Thos [X] Burgess; [Signed] DRURY SPURLOCK

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1891

DODSON, ALICE

vs

DODSON, WILLIAM

Petition of M. G. Butler, citizen of Jackson Co. vs Alice & Wm Dodson, citizens of like residence. Alice Dodson filed 24 Aug 1891 bill for divorce against William Dodson. Property enjoined to secure alimony. Cause dismissed, costs not paid, wants costs and attorney fee.

[Signed] G. B. Murray, Sol.

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1887

ALICE DODSON

vs

WILLIAM DODSON

BILL OF COMPLAINT OF ALICE DODSON, by next friend W. H. Toney. Married 2 November 1887, alleges abuse. States Warren Spivey indebted to Wm Dodson for $275 for land bought from Dodson. Wm Dodson is also owner in undivided 1/3 interest of 50 acres of corn in fiend of Hence Dodson. Also land in 8th District on Sugar creek being part of the John Rose farm purchased by Dodson bounded by Wm Maner, Sam Dodson, Warren Spivey and others - being about eight acres of creek bottom land; also rents from said land due from Hence Dodson. Also personal property [listed on file] which includes one bed and bedstead given by her father and mother. Wants all real and personal property attached. 1st Monday in February 1891.

[Signed] J. W. Stafford, Com.

Order to Dismiss 1 September 1891

[Signed] S. A. Dodson

 

BILL OF COMPLAINT: ALICE DODSON, a minor who sues by her father & next friend W. H. Tony, both citizens of Jackson Co.,

vs

WILLIAM DODSON, HENCE DODSON, WARREN SPIVEY, all citizens of Jackson Co., Tennessee. Complainant and defendant Wm Dodson married in Jackson Co. on or about 2 November 1887. About a year after marriage, he began systematic abuse, striking her, dragging her around by the hair. On one occasion she ran to her father's house, he followed, and it took combined efforts of her father and Jimmie Phillips to restrain him. They have one living child the issue of said marriage, B. H. Dodson age three months; she wants custody.

[Signed] M. G. Butler, Sol. for Complainant

Affirmed as true by Alice Dodson

24 Aug 1891, [Signed] S. A. Dodson

DODSON vs DODSON, etal

25 August 1891, order to issue writs of attachment.

[Signed] Wilson M. Hammock, Judge 5th Circuit

 

[NEW CASE] JACKSON COUNTY TENNESSEE CIRCUIT COURT 1891

DODSON, GEORGE V., Admr of R. C. LOFTIS, etal

vs

LOFTIS, NANCY J. etal

PETITION: Asks that H. W. Williams and Thos B. Anderson be made defendants in order to see whether all debts were paid from the sale of land, and whether any money is left for distribution to heirs. List of debts include:

Washburn & Cason account, $00.30; S. B. Fowler, MD, $ 48.50; Henry P. Loftis 15.00; Thos Gentry note of R. C. Loftis & Wm Loftis 10-10-1888 of $ 200.00 plus Interest on same to Nov 2, '91 of $36.65; James Hall note, date 8-27-_ _ of $143.19 plus Interest on same to 11-2-91 of $26.60

PLAT MAP: Shows R. C. Loftis tract after deducting Nancy J. Loftis' Homestead 40 acres, Dower 13 acres, bounded on east by Cumberland River.

[Signed] E. L. Jackson [Surveyor]

GEO. V. DODSON, Admr of R. C. LOFTIS vs

Nancy J. Loftis, W. H. Loftis, Joel H. Loftis, M. L. Loftis, Daisy Loftis, Bedford Loftis, Lucy V. Loftis, S. B. Fowler, Washburn & Cason, Labin Loftis, B. A. Loftis, Bank of Gainesboro, Marian Gentry, James Hall, Henry P. Loftis, Martha Dodson, Polly Ann Cason, Millard Cason, Celina [Loftis written over, changed to Roberts] and H. F. Roberts. 16 July 1891.

APPEARING BY PROCESS [summons] are defendants S. B. Fowler, Washburn & Cason, The Bank of Gainesboro, Marion Gentry, James Hall, Henry P. Loftis, Martha Dodson, Polly Ann Cason & Millard Cason.

APPEARING BY PUBLICATION in newspaper, Carthage, Smith Co., TN are Defendants Labin Loftis, B. A. Loftis, Celina Roberts and H. F. Roberts.

HOMESTEAD & DOWER: R. C. Loftis departed this life intestate in Jackson Co. leaving widow Nancy J. Loftis. Appointed Commissioners to lay off homestead value of $1,000 and Dower of one-third of land and determine personal estate to pay debts: E. L. Jackson, County Surveyor; W. N. Pharris & William Harris, not related to any parties.

REPORT OF SALE: Clay Reeves, Clerk, advertised and sold R. C. Loftis lands. L. L. Loftis purchaser at $1886.20; $133.00 cash, notes for balance; Securities are M. G. Butler, M. F. Cason, GEO Dodson, Wm Loftis & S. B. Fowler. Land in 1st District, Jackson County, Tennessee on banks of Cumberland River bounded on north by H. P. Spiva; east by William Speakman; south by Sallie Reed; west by Cumberland River, being 200 acres. All sold except Dower & Homestead of Nancy J. Loftis and her minor children.

 

PETITION TO SELL LAND: GEO V. DODSON, Admr of ROLAND C. LOFTIS, deceased.

Roland C. Loftis departed this life intestate on 12 January 1890, defendant Nancy J. Loftis his widow, and defendants William H., Joel H., M. L., Daisy, Bedford, Lucy V., Laban & B. A. Loftis and Martha Dodson, Polly Ann Cason wife of ["Tandy" Cason marked through] Millard Cason and Celina Roberts his only heirs at law. Defendants William H., Joel H., M. L., Daisy, Bedford and Lucy V. Loftis are minors & Defendant Nancy J. Loftis is their general guardian. No personal property subject to execution, asks that land be sold to pay debt.

[Signed] M. G. Butler, Solicitor for Complainant

[Signed] G. V. Dodson, 1 Jun1 1891

 

[NEW CASE] JACKSON COUNTY TENNESSEE CIRCUIT COURT 1887

DONALDSON, JOHN V.

vs

DONALDSON, MARGARET M.

BILL OF COMPLAINT: JNO DONELSON of White Co., Tennessee against MARGARET W. DONELSON of Jackson Co., TN. T Hon. Jno A. Fite, Judge of the Circuit Court at Gainesboro, Tennessee. JNO DONELSON states he and Defendant married in White Co. about 19 years ago, lived there 7 or 8 years, from there removed to State of California where they resided six years, then returned to White Co. After the return, Defendant deserted him without cause, for about the space of six or seven years. Desires divorce.

Jas W. & John S. Cope, Sols

Affirmed & signed: John Donelson, 17 Oct 1887

ANSWER: MARGARET M. DONELSON says Complainant cannot maintain action for divorce, as cause is not filed where they separated nor where she resides, being now a resident of Putnam Co., Tennessee.

[Signed] M. M. Donelson

SUMMONS: To Sheriff of Putnam Co. for Margaret M. Donelson to appear 1st Monday in November 1887 in Gainesboro, Jackson Co., Tennessee.

 

[NEW CASE] JACKSON COUNTY TENNESSEE CHANCERY COURT 1871-1875

DOUGLAS, HUGH & CO.

vs

HUFFINES, A. S. and others

[Synopsis: W. H. Botts owned a store in the Highland area, Jackson Co, subsequently employed or took in a partner Aadam S. Huhhines. The business failed, and creditors, primarily Hugh Douglas & Co. of Nashville, were attempting to include as many individuals as possible in order to recover indebtedness].

SUMMONS: 7 June 1871 to G. W. Dixon, P. H. McCarver, J.P., William Murphy, Bolivar H. Cooke, William Dixon, Wainrightt Meguire.

DEPOSITION: L. M. McCARVER taken at storehouse of L. H. McCarver, Wartrace Creek, Jackson Co. Stated he lived at Highland, lived there when W. H. Botts & A. S. Hufhines were doing business together at Highland. Known Huffines 20 or 30 years, knew Botts before he married & he now has grown children. Stated Hufhines was not a sober man "for long at a time".

[Signed] L. H. McCarver

DEPOSITION: L. T. ARMSTRONG stated he was present when bill [of complaint] was drafted, recognized R. A. COX handwriting, does not know that of Judge ?Gild.

[Signed] L. T. Armstrong

20 June 1873, William H. Botts acknowledged signature of Luke T. Armstrong

DEPOSITION: W. C. DIBRELL, stated he was bookkeeper for Hugh Douglas & Co.; that he wrote to W. H. Botts in Glasgow, Kentucky to have Hufhines buy his dry goods from H. Douglas but got no answer.

[Signed] W. C. Dibrell

DEPOSITION: LUKE T. ARMSTRONG age 45, states was co-partner in Hugh Douglas & C. W. H. Botts' store account began 13 Jan 1868. Date of last bill was 22 Dec 1870. Stated that Thomas Hufhines was the brother of Adam H. Huhhines.

[Signed] L. T. Armstrong

BILL OF COMPLAINT: HUGH DOUGLAS, W. L. PAYNE, L. T. ARMSTRONG, W. C. DIBRELL & A. W. SOUTHWORTH, citizens of Davidson Co., Tennessee, doing business under the name & style of Hugh Douglas & Co..

vs

ADAM S. HUFHINES of Jackson Co., TN and WILLIAM H. BOTTS of Baron [sic] Co., Kentucky

vs

ADAM S. HUFHINES of Jackson Co., TN; ALEXANDER CLARK of same; JAMES H. YOUNG of Smith Co., TN; WILLIAM H. BOTTS of Barren Co., KY. State Hufhines & Botts are indebted in amount of $1331.00 bought of them by said Hufhines and one R. F. Richmond. Filed 22 Dec 1870.

[Signed] A. W. DeWitt, Sol for Complt

 

DEPOSITION: L. H. McCARVER stated R. F. Richmond is now dead, cannot say where Thomas Hufhines is. "Tell he has left this country". Stated A. S. Hufhines had continued his drinking habits, and remained insolvent.

[Signed] L. H. McCarver

 

[Next document is water-stained, difficult to read. These cases were included to ascertain whether Adam Hufhines' heirs had any property which could be attached to settle debt].

AGREEMENT: March [cannot read] 1881 between John S. Howell heirs of William B. Haines [cannot read] deceased, convey land to John S. Howell in Dist. 3, Jackson Co., Tennessee, place known as Old Highland on Wartrace Creek where Adam Huffines died...about 250 yards to a spring [cannot read] boundary made by Shaver Richardson to William B. Huffines.

Amanda [her X mark] Hufhines

?Leloutt L. [her X mark] Hufhines

Sarah L. [her X mark] Hufhines

E. A. [her X mark] Hufhines

L. A. [?sex X mark] Hufhines

M. J. [?sex X mark] Ritchardson

[Signed] Benjamin Richardson

Test: Jeramiah Ray, Bevley Flatt, H. H. Flatt

 

AMANDA C. HUFHINES vs J. G. HOWELL and others Chancery 1887

DEPOSITION: JOHN G. HOWELL aged 40 states that A. S. Hufhines made a trade for his land for land at Highland where I now live and he died there. His widow lived there until about three months after his death and was run out by high water and when the water went down I bought her out, all but two of the heirs. Paid $40.00 and was to removed [cannot read]. John Draper, a son-in-law of Amanda C. Hufhines, rented the land from W. H. Botts and put his mother-in-law in possession. 15 January 1887.

[Signed] J. G. Howell

[Signed] James W. Draper, C & M

 

DOUGLAS, HUGH & CO. vs A. S. HUFFINES and others Chancery 1871-1875

DEPOSITION: JOSEPH DAVENPORT, age 56, know parties, live about 4 miles from where store was at Highland, lived there 20 years or more. Botts & Hufhines did business there about 3 years.

[Signed] Joseph Davenport

DEPOSITION: W. B. HARRIS, age 33, occupation Merchandising at Highland, three years last February. Bought stock of goods from W. H. Botts when I went there in February 1871 for $1,000, paid part, balance is not yet due. W. H. Botts and Mounce Gore were present when I purchased goods.

DEPOSITION: A. S. Hufhines, age 53, stated he was to use Botts' name in buying goods, and was to give BOTTS 5% for use of his name [No date].

[Signed] A. S. Hufhines

[NEW CASE] JACKSON COUNTY, TENNESSEE [NO COURT SPECIFIED]

11/7/1899 Land Sale

DOW, D. L.

vs

YORK, J. M. G.

Clerk & Master of the Jackson Co. Court after advertising sold on 30 Aug 1900 land on Gainesboro Rd and Flynn's Lick Rd, highest bidder B. L. Quarles at price of $175 which paid debt cost. Land NW corner of N. B. Young's town lot to head of Snyder Spring...southeast corner of old house where Stephen Gipson once lived & Kenner Spring...center of Gipson branch, follow meander...John H. Dennis field, to conditional line established between America Harris and J. M. Gipson.

[Signed] B. A. Butler, Clerk

ANSWER: Respondent/Defendant J. M. G. YORK denies contracting with Complainant to furnish lumber to build a house, and if he did, defendant was a minor.

[Signed] Dixon & Stafford & W. W. Draper, Sols. for Deft

INVOICE FROM: D. L. DOW, Cookeville, Putnam Co., TN, "Dealer in all kinds of Dressed Lumber Ceiling Siding Flooring & Moulding" dated 28 October 1898 to J. M. G. York. Detailed list totaled $133.77.

End of Reel #66 DeWitt-Dow

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Jackson County Coordinators
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