Jackson Co., TN Loose District/Chancery Court Papers Reel #70
Divorces, Miscellaneous "D" - Ewing, A.

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


"Miscellaneous Divorces" appear to be either uncontested, or a bill of complaint was filed then parties reunited, divorce may never have been finalized, or papers lost or removed from file before microfilming - mlj].


[NEW] DAVENPORT, ROSA vs DAVENPORT, WILLIAM 1898

BILL OF COMPLAINT: Rosa Davenport states she married defendant 29 April 1894 in Jackson Co., together about two years, abandoned her, failed to provide. One child ?Wilus Abraham now two years old, only about five months old when defendant left her. Called vile names, accused her of intimate conduct with Wm Russell. 23 September 1898. Rosa [her X mark] Davenport


[NEW] DAVIDSON, A. L. vs DAVIDSON, FERABY 1904

A. L. Davidson of Jackson Co., Feraby of Putnam. Married 1 March 1903, Jackson Co. Together until 20 June 1903, defendant guilty of adultery with John Bailey Flatt. 30 [Month blank] 1903. s/s A. L. Davidson


[NEW] DAVIDSON, SARAH JANE vs DAVIDSON, THOMAS 1894

[Note: Writing is very difficult to decipher. Believe I got the important part - mlj -]. Married Jackson Co., TN 17 January 1892. Resident of Jackson Co. Tennessee more than two years before filing this bill, in fact she was born and raised here, never lived elsewhere. She is now 25 years old. After marriage he began to ill treat her. On 13 March after their marriage at Wade Brown's place in Jackson Co. he abused and threatened to split her back [can't read]. We then ?parted and ?moved to Putnam Co. and Spring of 1893, precise date not remembered he whipped your Orator without provocation. Monday the 2[?] of March 1894 he took all of his household furniture... left her to freeze... with a young child. She was very sick and not able... I have a cow and calf that my father gave me [other personal property listed]. They have one child Marty Ann Davidson, near three months old [can't read] Jackson Co. the 26 March 1894. Asks that her maiden name be restored to ?Clements. 2 April 1894 s/s John P. Murray, Sol. Sarah Jane [her X mark] Davidson


[NEW] DAVIDSON, EFFIE vs DAVIDSON, ANDREW 1903

BILL OF COMPLAINT: Complainant states both she and defendant are residents of Jackson Co., married 1 March 1903, together until the 20th day of this month when they separated. That day he abused and whipped her. He said her mother was a mean woman, she said her mother was as good as his mother and sisters, he pulled her hair, hit with fist... 24 June 1903. Effie [her X mark] Davidson

SUMMON: Andrew Davidson to answer divorce bill of Effie Davidson, 1st Monday in July 1903.


[NEW] DAWS, MELIER vs DAWS, BEN 1907

BILL OF COMPLAINT: Both residents of Jackson Co. Married 24 July 1906. That she was a widow at time of said marriage and the mother of two children. One will be five years old the 4th of July next, the other is two years old. At marriage, he said he would be kind to her and her children, instead has become cruel. Beat and bruised them, caused blood to ooze out. When she complained of his cruel mistreatment toward them, he would knock her down. [Personal property listed including household furniture Complainant owned at time of their marriage. [No date except that on folder, she did not sign]. Geo. G. Haile, Sol.


[NEW] DUNCAN, NANCY J. vs DUNCAN, JAMES U. [or N.] 1854

[John P. Murray's writing, or a clerk in his office, is the most difficult to read of any. I have seen what I thought was "U" turn out to be "N" or "H". Check census/other source - mlj].

BILL OF COMPLAINT: Married in Jackson Co. about 5 May 1853 where they both have been raised and were born. Although married but a short time... cruel... she would not have abandoned him if not ?for fear. [Lists personal property]. Have but one child, an infant three months old by the name of Lucinda Elizabeth. Charges father is unfit. 29 [?month] 1854. Nancy Jane [her X mark] Duncan s/s John P. Murray, Sol.


[NEW] DYER, ALICE vs DYER, W. R. 1903

BILL OF COMPLAINT: Alice Dyer of Jackson Co., W. R. Dyer of parts unknown, non-resident of Tennessee. Married 2 Sept 1888, together until December 1890, separated now a period of twelve years. Was only 15 years old at marriage. Defendant an improvident, idle fellow, clothing supplied mostly by her parents. A short time after marriage, Complainant was taken with a fever and confined to bed several weeks, at times delirious... defendant failed to care... left her and gone to East Tennessee several days... if not for neighbors she would have been entirely alone. She wanted to go to her father's in this county to recover, defendant objected, told her if she did so she could stay... he went off some where and while he was gone, her father came and got her. After this, defendant left the state and she has been informed he married again. [No date/signature].


[NEW] DYER, L. D. vs DYER, ROSETTA 1888

SUMMONS: Rosetta Dyer to answer bill of complaint of L. D. Dyer, 1st Monday in November 1888. Dated 1st Monday in July 1888.

PROSECUTION BOND: L. D. Dyer as Principal, John Decker as Security to Rosetta Dyer, $40. 4 June 1888.

BILL OF COMPLAINT: L. D. Dyer against Rosetta Dyer, both of Jackson Co. Married 4 May 1886. Together until six months ago, defendant too intimate with Lane Halfacre, Wm Richmond, James Anderson and other parties. 5 [or 15] June 1888. s/s L. D. Dyer


[NEW] EAKIN, THOS et al vs ROBERTS, HENRY et al Chancery 1858

BILL OF COMPLAINT: Thomas Eakin of New York, William S. Eakin and Adam G. Adams of the County of Davidson against Henry Roberts, Edward M. Cason, James W. Locke and William T. Hall of Jackson Co.

Complainants are merchants doing business style of T & W Eakin & Co. 15 March 1858, they recovered judgment against Henry Roberts for $476.28, no property to levy on. Henry Roberts is a merchant in Gainesboro. [blank] March 1858 after rendition of judgment, he executed to Edward M. Cason a deed in trust... all his goods... purporting to secure James W. Locke as security for stay of execution in the case of Bransford McWhirter & Co. against said Roberts for about $550 and to secure William T. Hall a debt due him for about $275. Believes attempt to hinder creditors.

BILL OF COMPLAINT: Robert S. Hollins, Samuel P Carrick and Peter S. Hollins are merchants doing business style of R. S. Hollins & Co. of Davidson Co., TN. A certain Henry Roberts is indebted to them... note 5 Oct 1857 for $403.40 and note 15 April 1857 for $77.75. Henry Roberts was a merchant at Gainesboro... made a deed in trust to Edward M. Cason purporting to secure James W. Locke as Stayor... Bransford & McWherter judgment against him. Said Roberts has handed over to one John P. Murray his books, accounts and notes for collection. Orators show that Henry Roberts left Jackson Co. for the City of Philadelphia, Pennsylvania with an intention of remaining in said city, not to return to this state and that they know of no property except that contained in deed of trust. Ask Roberts, Cason, Locke, Hall, Murray & Draper of Jackson Co. and Thomas Eakin of New York, William J. Eakin and Adam G. Adams of Jackson Co. be made defendants. 13 April 1858.

s/s Quarles, Sol. for Complts; appeared Harvey H. Draper, agent for Compts.

[Note: More on this Roberts family on Reel #69 - mlj].


[NEW] EAKLE, ANDREW et al vs EAKLE, CHRISTIAN, et al Chancery 1857

DEPOSITION: James Hibbets states he was at sale of personal estate of Henry Eakle, deceased. Know Andrew and Susan Lisenby lived in Munro [sic; Monroe] County, Kentucky at the time of the sale. I heard Robert Hibets tell Christian Eakle on the day of sale or the day after that they were not solvent. It was before Eakle took their notes. Robert Hibits was either at the time of the above conversation or a short time before was a constable of Munro Co., Kentucky where said Lisenbys lived. s/s James Hibbets

DEPOSITION: William Crawford, states that he lived within 1 1/2 miles of Alfred and Susan Lisenby. They were not solvent at the time of Henry Eakle's estate sale. As to the old lady Lisenby, I do not know. s/s William Crawfford

BOND: Andrew Egle, Christopher Meador, Harriet Meador, Isac Crawford, Elizabeth Crawford, Henry Hibet, John Hibet, Harlin Hibet, ?Sousanah Hibet, Eliza Hibet, Richard Cash, Mary Cash and P. H. Leslie to

Christian Eagle, Telitha Eagle, William Eagle, Jacob Eagle, Jonathan Eagle, Mary Crawford, Lewis Crawford, Catherine ?Buist, Daniel ?Buist, Henry Eagle, Amos Eagle, John Eagle, Sally York, Curtis W. York and Sampson Cassetty. 2nd January 1854. s/s P. H. Leslie

ANSWER: S. W. Cassetty to Bill of Complaint. True he sold [court sale] all the real estate and one negro girl belonging to estate of Henry Eakle, deceased 24 January 1853 and took notes... amounted to $5313.75. Cost of sale is to come out of that. 20 Jan 1854.

NOTICE: Aaron York & John Furguson this day filed Bill of Complaint against John Eakle & also Christian Eakle as administrator of the estate of Henry Eakle, decd... Christian Eakle enjoined from paying John Eakle. 1st Monday Feby 1855.

NOTICE TO SHERIFF: Christian Eakle & others have filed Bill of Complaint against Henry Eakle & others, charging that Henry Eakle a non resident of this state is largely indebted to estate of Henry Eakle, deceased. Christian Eakle is admr of estate. Henry Eakle died seized & possessed of large tracts of real estate in Jackson Co., Tennessee, and said Henry Eakle is an heir. Ask Henry Eakle's interest in estate of his father Henry Eakle be attached for said indebtedness.

BILL OF COMPLAINT: Aaron York and John Furgerson, as security for John Eakle paid to Wm Brown [or ?Brollen] on Feby 1855 sum of $40.96 plus interest. John Eakle is a non resident of Tennessee... personal estate of his farther [sic] Henry Eakle who died intestate in the County of Jackson. Ask sum be attached.

SALE OF LANDED ESTATE OF HENRY EAKLE:

Lot 1, 300 acres... Ben Copland west boundary... to a branch. Bought by Robert Hibits & Absolum Briley.

Lot 2, 100 acres. Bought by Daniel W. Boil [This name spelled 6-8 variations].

Lot 3, 20 acres... Beginning John ?Gists west boundary. Bought by Christopher Meador.

Lot 4, 200 acres... stake on line of James Crawford... line of Hardy Pursell. Bought by Joseph A. ?Baylie.

Lot 5, 4 [or ?40] acres, bought by Jo A. Baylie.

Lot 6, 30 acres. Lying on the waters of little trace a fork of big Baron [?Barren] River... John Gists west boundary bought by Jonathan Ekle.

Lot 7, 200 acres... Garret Right's line... Ben Gist's line. Bought by John Ekle.

Lot 8, 100 acres. Waters of Baron River... south bank of little trace... stake in Henry Eakles field... then down line creek with its meanders. Bought by Henry P. Eakle.

Lot 9, 100 acres, waters of Baron River... to white oak on Henry Eakle's line on the bank of a branch that runs into line creek on the north side just below Henry Eakles Mill up said branch with its meanders... the white oak 14 mile tree in the state line then west with the state line. Bought by Henry P. Eakle.

Lot 10, 50 acres... Henry Eakle's line. Bought by Christopher Meador.

Lot 11, 50 acres... Henry Eakle to Tadlock line, then west. Bought by J. C. B_ _ _ _ [here it looks like "Boie", elsewhere Bail, Bile, Bailes, Baylie, Boil etc. - mlj].

Lot 12, 180 acres, on the waters of Big & [can't read] Creek... Ben Gist's line. Bought by [first lists C. Meador, then Carrie Keith].

Lot 13, 35 acres... Begin on John [can't read] line. Bought by C. Meador

Lot 14, 75 acres... Bought by Christopher Meador.

CAUSE HEARD: 7 March 1853. Daniel Keith and wife Catherine Keith, Christian Eakle, Jonathan Eakle, Isaac Crawford & wife Elizabeth Crawford, Lewis Crawford & wife Mary Crawford & John Eakle VS

Amos Eakle, Christopher Meador & wife Harriet, Henry Eakle, Henry Hibbetts [blank] Cash and wife Mary Cash, Harlin Hibbets, Sally Hibbets, John S. Hibbetts, Elizabeth Hibbetts, Andrew J. Eakle, Telitha Eakle, Jacob Eakle and William T. [or L.] Eakle.

Court order 24 January 1853. All lands and negro girl belonging to estate of Henry Eakle, deceased to be sold to highest bidder.

Daniel W. Bailey [or Bailes] became purchaser of Tract 2, 100 acres.

DEPOSITIONS 18 January 1856, regarding value of improvements to land:

James R. Merit age 27, on behalf of J. C. Bailes and Daniel W. Bailes. s/s James R. Merit

Jacob Good age 29, behalf of J. C. and Daniel Bailes. s/s Jacob Good.

John C. Bailes age 27. s/s John C. Biles

Pleasant Bailes age 38. s/s Pleasant Bills

William C. Hulse about age 22, on behalf of Joseph A. Raglin. s/s William C. Hulse

Andrew Bowman age 39 for Jonathan Ekle & Lewis Crawford. And [X] Bowman

Philip Robinson age 49, for Robert Hibits and A. Briley. s/s Philip Robinson

James Hibits age [could be 38, 58 or other - mlj]. Know land Daniel Keith bought at Cassety's sale of Ekle land. Land was in the woods when he bought it and is not worth anything per annum rent. About 16 Sept 1842 Daniel Keith's property was under execution and Daniel Keith was out trying to borrow money to pay the debts and old man Eagle told me he gave $100 in silver & gave it to Keith's wife and Keith came back and signed a note for it. The old man said he intended to give the money to Keith's wife, but as Keith had acted a little big about it he would let him sweat a while. s/s James Hibbetts

BILL OF COMPLAINT: [Note: There are many strike-throughs, write-overs, additions inserted above lines. As in any document, serious researchers should go to the original if possible - mlj].

Christian Eakle and Joseph Ragland of Jackson Co., Tennessee and John Eakle of Macon Co., Tennessee against

Jonathan Eakle, Daniel Keith and wife Katherine Keith, Isaac Crawford & wife Eliza Crawford, Lewis Crawford & wife Mary Crawford, Andrew J. Eakle, Talitha Eakle, Jacob Eakle, Christopher Meador and wife Harriet Meador & William T. Eakle of Jackson County Tennessee; Amos Eakle of Boone Co., Illinois; Henry Eakle of Lamar Co., Tex; Henry Hibbets, John T. Hibbets, Louisa Jane Hibbets, George ?Gaston & wife Mary ?Gaston, Harlen Hibbets, Sally daughter of Rosannah Hibbets and her husband [blank] unknown, Louisa Hibbets of the state of Arkansas ["state of Arkansas" marked through, then reinserted], Robert Hibbett and Absolom Briley, Daniel W. Boil, Henry B. Eakle, J. C. Boil of Jackson Co. and Curtis W. York & Sally York of the state of Missouri and Joel Lee and Pryor Lee and Benjamin Hale [or Hall] of Jackson Co.

Henry Eakle departed life [blank] 1852 in Jackson Co. Christian Eakle is Administrator. Children of said Henry Eakle deceased are:

Catherine married Daniel Keith

Christian

Jonathan

Elizabeth married Isaac Crawford

Mary married Lewis Crawford

John

Amos

Harriet married Christopher Meadow

Sarah married Curtis W. York

Henry

Andrew J.

Talitha

Jacob

William T.

and that Henry Hibbets, Mary wife of George Gaston, Harlin Hibbets, Sally ["Hibbets" marked through] married to a man unknown, John L. [or T.] Hibbits, Louisa Jane Hibbets, ["and Richard Hibbits" marked through - mlj] are grand children of said Henry and children of Rosannah Hibbets, deceased.

BILL OF COMPLAINT: Filed 1st Monday in September 1852. Daniel Keith & wife Catherine, Christian Eakle, Jonathan Eakle, Isaac Crawford & wife Elizabeth, Lewis Crawford & wife Mary and John Eakle against

Amos Eakle, Christopher Meador & wife Harriet, Henry Eakle, Henry Hibbits, Richard Cash & wife Mary, Harlin Hibbits, Sally Hibbets, John [S., L. or T.] Hibbits, Elizabeth Jane Hibbets ["and Richard Hibbetts" marked through], the last five by their guardian William Hibbets and Andrew J. Eakle and William T. Eakle... land not subject to partition, ask that it be sold.

David Griffith appointed guardian ad litem for Andrew J. Eakle, Talitha Eakle, Jacob Eakle and William T. Eakle, minor heirs of said Henry Eakle, deceased.

RECAP OF SALE:

Pursuance of said decree 24 Jan 1853, land sold to highest bidder:

Tr 1, Robert Hibbit & Absolom Briley, 300 ac, $1586.75. Security C. E. Bails

Tr 2, Daniel W. Bail, 100 ac, $388.25, John Bail & Pleasant Bail, security.

Tr. 3, Christopher Meador, 20 acres, $20, Security Jonathan & Christian Eakle.

Tr. 14, Christopher Meador, 35 ac, $140.50, Security Jonathan & Christian Eakle.

Tr. 15, Christopher Meador, 75 ac., $200.50, Security Jonathan & Christian Eakle.

Tr. 4, J. A. Ragland, 200 ac., $108.10. Security Joel [or Josh] M. Lee, W. Ragland & George Jenkins.

Tr. 5, J. A. Ragland. [Four acres spelled out, $525, no decimal point. Unless it had exceptional improvements, possibly $5.25 - mlj]. Security Joel [or Josh] M. Lee, W. Ragland and George Jenkins.

Tr. 6, 30 acres, $56.25, Jonathan Eakle with John Eakle & Christopher Meadow security.

Tr. 7, John Eakle, 200 acres, Lewis Crawford & Jonathan Eakle security.

Tr. 8, Henry P. Eakle, 100 ac., $200. Security Christian Eakle & Christopher Meadow.

Tr. 9, Ditto purchaser/security, 100 acres, $345.

Tr. 11, J. C. Boil, 50 acres, $250.15, John Bols & Pleasant Boiles security.

Tr. 13, Daniel Keith, 180 acres, $225.25, James Keith security.

Abraman Briley sold his half of Tract 1 of 300 acres to James Crawford & said Crawford sold the whole tract to defendant Hale for $2500. [Several other sales/resales detailed, no relationships given - mlj].

Complainants have doubts sale was legal, as process was not served on minor heirs, not advertised in "Sparta Times"... defendants who are non-residents.

DEPOSITIONS: 19 Jany 1856, Gainesboro:

Pleasant Biles age 38. About 3 days after the old man Eakle took sick I was at his house and he said he was going to give his son Jonathan a negro man named David and a tract of land of 100 acres on which Jonathan was then living. He said Jonathan was weakly with a hurting in his heart and he thought he ought to help him that much. A few days later he said he had made Jonathan a bill of sale to the negro, but they had not found a deed to make a new deed by. s/s Pleasant Bills

James Hibbets age 50. Was at old man Henry Eakle, deceased, during his last sickness. s/s James Hibbet

ANSWER: Abraham Briley to Bill of Complaint of Christian Eakle and others against Daniel Keath, Benj Hale, this defendant and others. States he sold his interest to James Crawford, asks to be dismissed.

ANSWER: Christian Eakle to Bill of Complaint, states he qualified as Administrator May term 1852. Henry Eakle handed over 6 March 1852 to Curtis W. York $450 to buy groceries on partnership... the groceries did not arrive at Centreville until after the death of his father which occurred in April next ensuing.

ANSWER: Lewis Crawford and wife Mary Crawford and their wards Telitha and Jacob Eakle to Bill of Complaint filed by Andrew Eakle, et al. Heirs and marriages as set out in bill are correct. Lewis Crawford is regular guardian of Telitha and Jacob Eakle, and James Hibbets is guardian of Andrew Eakle, and Daniel Keith is guardian of William Eakle. Is also true that the said Henry Eakle married to a second wife who died in a few [or five] days after the death of said Henry Eakle and that he left by her four children as stated in said bill. Respondents say is true there never was a portion set aside to said Phebe as dower, true Henry was an old man and that his first family had married of [sic; perhaps should be "off" - mlj]. They did live on the land some eight years by permission of said Henry Eakle, deceased... Henry Eakle said to do enough improvements to pay rent. Feby 23, 1854. Lewis [his X mark] Crawford; Mary [her X mark] Crawford. s/s James A. Spurlock & A. W. Dewhitt, Sol.

REPORT OF CLERK & MASTER: Assets/Liabilities, Disbursements, 31 pages.

ANSWER: Jonathan Eakle to Bill of Complaint of Andrew Eakle and others. Henry Eakle died 1852, was married twice, children and husbands of first marriage correct, four minor children by 2nd wife Pheba, balance were children and grandchildren of his first wife except husbands named. He has a deed of gift or bill of sale to the negro man David. s/s Jonathan Eakle

DEED OF TRUST: The undersigned John Eakle of Monroe County, Kentucky is indebted to John Hays and Christopher Hays as executors of the estate of Aaron Hays, deceased for $150... hold my two notes... and I am indebted to Christopher Hays and Elisha M. Russel, sum of $37.12. I convey to them all my landed property in the state of Tennessee or Kentucky which my father Henry Eakle died the owner and which hath descended to his children and heirs of which there are fifteen... vest them with all the rights to which I am entitled as a son of my father's. Said Hays & Russel being citizens of Monroe Co., Kentucky. To be void if I pay debts by 25 November next. 3 March 1855. s/s John C. Eakle

BILL OF COMPLAINT: Andrew Eakle, Christopher Meadow & Harriet Meadow his wife, Isaac Crawford and Eliza Crawford his wife, Henry Hibbet, John Hibbet, Harlan Hibbet, Sarah Hibbet and Eliza Hibbet, Mary Cash and her husband Richard Cash, the last named six [not counting Richard Cash, apparently] are citizens of Missouri and the only children of Rosannah Hibbet, deceased. William Hibbit is their father and guardian. The said Eakles, Meadow and wife and Crawford and wife being citizens of Jackson Co.

Said John, Harlan, Sarah and Elizabeth are under age 21. Complainant Andrew Hibbit who is under age 21 sues by his guardian James Hibbet.

Henry Eakle died in Jackson Co. 1852. Christian Eakle named Admr. Curtis York & deceased were co-partners selling grocers at Centreville, Jackson Co., TN. Henry Eakle died leaving wife Phebe Eakle who died within about 20 days. She was a second wife, left four children to wit Andrew, Jacob, William and Telitha, all living in Jackson Co., TN, all under age 21.

Children by his former wife are the administrator Christian Eakle, Mary Crawford & husband Lewis, Complainants Meadow and wife and Isaac Crawford and wife reside in said Jackson Co. The said children of Rosannah Hibbet deceased who was a daughter of said Henry Eakle are Catherine Keath and husband Daniel of Jackson Co, Henry Eakle of Texas, Amos Eakle of the State of Illinois and John Eakle of Macon Co., TN and Sally York & her husband Curtis of the State of Missouri. At the time of Henry Eakle's death there was one other child of Rosannah Hibbets to wit Elizabeth, but she has since died leaving no children or husband. No dower was ever set apart for said Phebe. [Lists advancements made to children in Henry Eakle's lifetime. No date].

BILL OF COMPLAINT: Alexander Keith against Daniel Keith and Daniel J. Keith. Daniel Keith was over a year ago appointed guardian of William T. Eakle a minor orphan of Henry Eakle deceased, with orator and William W. Goodall who is now dead his security. Daniel Keith was notified by the county court clerk to make settlement. May term 1857 court made an order removing Daniel as guardian, appointed Thadeus Quarles. Daniel Keith had loaned Daniel J. Keith who is his son $100 and took no note for same. Daniel Keith is insolvent. Daniel J. Keith is a young man living with his father [lists assumed assets belonging to Daniel father and son].

Estate of W. W. Goodall will in all probability be insolvent.

Daniel Keith also loaned $100 to a man of doubtful means, and Quarles will probably look to Orator to pay. Asks property of Daniel and Daniel Keith be attached, sold to pay debt. s/s Alexander Keith

DEPOSITIONS: On 14 August 1852 Susan Lisenby and A. J. Lisenby were good for their debts [No date]. s/s Hezekiah Niece, L. C. Ford [his X mark]

DEPOSITION: Parish Sims age 56. I bought the Centreville property from Joseph A. Ragland that he had bought at the Clerk & Master's sale. s/s Parrish Sims

ANSWER: Benjamin Hale to Bill of Complaint, states he purchased from James Crawford a tract of land at $2400, took possession November 1853, made many improvements not doubting for a moment title was not genuine. Is now in possession and has a crop growing. Fearing no clear title, he has rescinded contract with them, reserving his present crop. [No date/signature].

BILL OF COMPLAINT: Sallie York and Curtis W. York, citizens of the County of Miller, State of Missouri against Christian Eakle of that part of Jackson Co. lately cut off and forming a part of the new county of Clay, Tennessee. Papers have been burned in the accidental burning of the Court House [Jackson Co.] 1872. Complainants cannot ascertain who securities of Christian Eakle were. Complainant Sallie York is a daughter of decedent Henry Eakle. Defendant Christian Eakle is her brother. Deceased has been twice married and left two sets of children, in all 15 in number. Before his estate was wound up, Phoebe Eakle one of his daughters died intestate without issue leaving Complainant and her other brother and sister her only heirs at law.

Defendant Christian Eakle was appointed administrator of Phoebe Eakle and wound up the same.

Oratrix was married to C. W. York at the death of her father and is still. Several bills regarding estate were filed... [No date].


[NEW] EAKLE, JACOB vs CRAWFORD, LEWIS et al Chancery 1870

ANSWER: Jas. Crawford to Bill of Complaint against Respondent,Lewis Crawford, Larkin D. Sweazea, Allen Davis & Robt Pedigo. Lewis Crawford was appointed guardian for Jacob and Telitha Eakle. Denies that he ever assigned a bond with Swezea as security of said guardian or ever authorized any one to sign his name. 21 November 1870. James [X] Crawford

ANSWER: Larkin D. Swezea to Bill of Complaint of Jacob Eakle. Lewis Crawford at July term 1856 was appointed gurdian to Jacob Eakle and Hester [sic - above case, name is "Telitha"] Eakle, that he gave bond with Respondent and James Crawford as security. Sept term 1858 bond was renewed with defendants Allen Davis and Robert Pedigo as security. Respondent knows nothing bout what guardian paid, guardian is insolvent. Respondent knows nothing about the lost bonds. Jacob Eakle has since reached 21, has released co-defendant Lewis Crawford from liability as security in consideration of which he ["he" is possibly Jacob Eakle] received $700... release of Lewis Crawford inures to benefit of Orator as joint security, indemnifies him.

ANSWER: Robert Pedigoe to Bill of Complaint by Jacob Eakle. Is true Lewis Crawford was appointed guardian of Jacob Eakle and Telitha Eakle now Webster, wife of [blank] Webster. That the co-defendants of Respondent James Crawford and L. D. Swezea became securities [blank] term 18[blank].

Respondent and co-defendant Allen became securities upon his renewal. Respondent states guardian took said Jacob Eakle as an infant, raised him. Complainant after reaching age 21 compromised... James Crawford paid to said Complainant a tract of land in District 5 of Jackson Co., TN known as William Beene tract. Respondent believes release of one joint security is release of all. [blank] January 1871. s/s Robert Petigo

BILL OF COMPLAINT: Jacob Eakle against Lewis Crawford, Alexander Keith, Larkin D. Swezea, James Crawford, Allen David and Robert Pedigo. July term 1853 Lewis Crawford was appointed guardian... [Nothing new]. 8 Feb 1870. Jacob [X] Eakle


[NEW] EAKLE, JOHN vs YORK, WILLIAM & others 1854

CAUSE HEARD: Before Supreme Court of Tennessee at Nashville, December Term 1853. Court's opinion petition be dismissed... John Eakle recover of said W. H. DeWitt and Curtis W. York and their securities H. M. Clements and L. B. Griffith in the cause of John Eakle vs William York and others amounting to $156.10.

To Sheriff of Jackson County, proceed to attach land of William York, Curtis W. York and W. H. Dewitt, court costs of $156.10 plus interest. 1 Feby 1856.

ANSWER: John Eakle to Bill of Complaint of Fleming Merit. Knows nothing about complainant's purchasing land of William York.

BILL OF COMPLAINT: Flemming Merritt of Jackson Co. against John Eakle of Macon Co., TN. Orator purchased land of William York, being same land that York had exchanged for land in Macon Co. 14 May 1853. s/s F. Merritt


[NEW] EAKLE, W. T. vs BOTTS, W. H. et al Chancery 1885

DEPOSITIONS: 16 July 1879:

Robert Petigo age 54. Knew parties to suit in years 1857-8-9, W. T. Eakle, W. W. McCue, J. H. Cunningham, Alx Keith, T. C. Quarles and Matthias Sweazea. L. D. Sweza was appointed guardian of W. T. Eakle, and he put some debts into my hand for collection. s/s Robert Petigo

Allen Davis age 54. Knew parties to suit in 1857, lived in Jackson County about the time referred to. s/s Allen Davis

Mary McClenon age 36. Knew parties except W. T. Eakle and W. W. McCue. I am a daughter of L. D. Swezea. I have heard my father speak frequently of being guardian for one of the Eakle heirs from about 1860 until he sold his land in 1871. Do not know who his securities were. 16 July 1879. s/s M. A. McClellan

[NEW - ?Misfiled Papers. May be more on each of these on another reel - mlj]

BOTTS, W. H. -11 Feby 1861, Wm H. Botts recovered judgment against Martha Goodall, James Draper & James E. Wheeler on a note executed to C & M for negroes sold under decree of Court and purchased by Martha Goodall. It appeared at October term 1874 said Martha Goodall since recovery of said payment intermarried with Jasper McDonald. Summon said Jasper to show cause why judgment should not be recovered against him as husband of said Martha Goodall. 4th Monday October 1874.

________________________________________________________________________

DRAPER, Edward B. is Complainant and Reubin R. Rogers & others are defendants.

Deposition of Thomas H. Butler, age 31. I am Clerk of Jackson Co. Court, made search and cannot find execution in favor of President & Trustees of Montpelier Academy against Lawson Clark, John Rogers and Lawrence Byrnes. John M. Dison was deputy sheriff and he levied on cattle... 1845 or 1846. s/s Thomas H. Butler

________________________________________________________________________

KIRKPATRICK, MICHAEL of Clay Co. Amended Bill of Complaint against Charley E. Reeves, Jno B. Anderson, L. C. Hall and R. A. Cox of Jackson Co. and Luke T. [or L.] Armstrong of Davidson Co., J. E. Mulkey of Kentucky and R. C. Kirkpatrick of California. [blank] 18[blank] filed original bill against defendants except R. A. Cox. Original bill filed to set aside decree in case of L. C. Hall vs J. E. Mulkey and cross bill of J. E. Reeves vs L. C. Hall etc.

Deed executed by Toliver Kirkpatrick and defendant R. C. Kirkpatrick and your orator... interest of R. C. Kirkpatrick be sold and proceeds applied to defendant Reeves' debt. Complainant appeared in court at Clay Co., TN 29 June 1877, made oath above is true. s/s Michael Kirkpatrick

________________________________________________________________________

ASHURST, JOHN vs Michael Kirkpatrick, et al. This 25 May 1868 at land office of James Garnett in Columbiana, Adair County, Kentucky, proceeded to take deposition of Pembroke S. Rowe.

I was sent to Tennessee to collect money due my father James T. Rowe and brother William B. Rowe for the Roaring River farm bought of Toliver Kirkpatrick in May last. It was $86, due in 1866. s/s P. S. Rowe

________________________________________________________________________

PRICE, MOLLY & F. M. To Hon. B. M. Webb, Chancellor - Amended and supplemental cross-bill and amended original bill in the nature of a bill of review of Mollie Price by her next friend Cornelius Carver against

M. G. Butler, S. B. Anderson, admr of R. A. Cox deceased, R. V. Books in his own right and as administrator of R. P. Books, deceased of Jackson Co., F. M. Price, John A. Epperson and wife Clara of Davidson Co., TN, [blank] Lucas and wife Clara of South Carolina, James N. Cox a minor of Jackson Co., Fannie Price now Fannie Herod and her husband N. W. Herod, John P. Murray, H. P. Spiva, J. M. Burris, Wm Carnahan, administrator of Ezekiel Carnahan, Joel Forcum, J. M. Morgan, administrator of A. W. DeWitt deceased, W. B. Roddy, T. M. Carver, Alex Cassety, Sallie Cassetty, Z. Vanhooser, Mary McCarver executor of L. H. McCarver deceased, W. L. Stubblefield of Jackson Co.

Oratrix [Mollie Price] would show that on 16 July 1891 Complainants in the Original Bill, the State of Tennessee filed their bill against herself, her husband F. M. Price seeking to satisfy certain demands against F. M. Price as defaulting Revenue Collector for Jackson Co., Tennessee for the years 1869, 70, 71, 72 & 73, did attach James H. Carver lands on Wartrace Creek. Said bill alleges cross complainant is not entitled to Homestead because she has enough land that descended from her father's estate. Cross complainant has been the wife of F. M. Price since the year 1873. Liability of husband F. M. Price occurred before their marriage. That she and her husband are entitled to a Homestead in the three tracts of the James H. Carver lands that are sought to be sold. Admits that R. V. Brooks paid a small portion of the purchase money and her husband is willing for it to be refunded to him. Land of James H. Carver deceased was partitioned and a 3/6 interest [3 tracts] was assigned to him... land passing to her as an heir of James H. Carver deceased in her own right... her father J. H. Carver [no date]

_______________________________________________________________________

["NEW" - RETURNS TO] EAKLE, WILLIAM T. vs QUARLES, T. C. & others

DEPOSITIONS taken 30 October 1884, Centerville, Clay Co., TN.

Allen Davis, age 60. Reside Clay Co., farmer. Examined the County Court record, don't recall who signed bond of Wm T. Eakle. May have been Alexander Keith and Thadeus C. Quarles. Was not L. D. Sweazea. s/s Allen Davis

A. J. Eakle. 1866, I had the security bonds read in County Court. A. J. [X] Eakle

DEPOSITIONS 3 Nov 1884:

Thomas Jones age 28. Know W. T. Eakle, the Complainant. [s/s T. L. Jones]

Alexander Nevil, 72. Born and raised in Jackson Co., lived here since. Lived District 4 ever since I was grown. Elected J.P. March 1854 and served six years. Larkin D. Sweazy and I were raised together and lived in the same district when I was tax assessor. Have a record L. D. Swezea paid $500 as guardian of W. T. Eakle. L. D. Swezea was hones, solvent. Ditto T. C. Quarles. Have never heard of Quarles going any one's security. s/s Alexander Nevil

ANSWER: T. C. Quarles to Bill of Complainant of William T. Eakle against Wm H. Botts and others. Complainant is a son of Henry Eakle, deceased. I never signed guardian bond for L. D. Sweezy... no memory of it, were not particularly intimate, no relationship, not near neighbors.

DEPOSITION: Henry Copus age 35. Know William T. Eakle. I am [can't read] and have none [sic] him from his boyhood only what time he was in Masouria. About the year 1874 my father payed [sic] forty dollars to William Eakle for L. D. Sweazea or about that amount I have the receipt at home. Wm T. Eakle said he sold his Claim to this lawsuit to Tim Clements and got a little piece of land for it. 24 November 1884 in Centerville. s/s Henry E. Copas

DEPOSITION: Jonathan Eakle, age about 67. My father Henry Eakle died April the 9th 1852. I have my father's old bible in my possession and entered his death myself. My daughter Louiza was born April 5th 1852... just five days old when my father died and I entered her birth in my little bible and that record shows April 5th, 1852. He was confined [in last sickness] 18 days. W. T. Eakle is my half brother. To the best of my recollection he was about 12 months when father died. He could not walk but he could crawl and he crawled to the trunnel [sic] bed and pulled up and stood by the bed side and father said it was bad for an old man to marry a young woman and leave a gang of little children. The old man was on his death bed and satisfied that he would die soon.

I bought it [bible] at my father's sale and I have had it in my possession ever since. I loaned it to W. T. and Jacob Eakle and they took it to Gainsboro I don't know for what purpus [sic]. The entry showing the date of birth of Wm T. Eakle is in my father's handwriting... it shows April the 15th 1852 [Testimony indicates year of birth changed from 1851 to 1852].

I am a citizen of Kentucky.

I prefer not to file the old bible as an exhibit as I prize it very higley [sic] it might get lost or abused but any body can see it by coming to me.

[Asked what he thought the true date of W. T. Eakle's birth, replied]: "I think he was born April 15th 1851. s/s Jonathan Eakle

DEPOSITIONS taken 23 July 1885 at dwelling of Henry Copus in Clay Co, TN:

Henry Copus age 36. Known W. T. Eakle since boyhood except what time he was in Masouri. The amount paid [to W. T. Eakle by his last guardian L. D. Sweazea] shows was forty ?nine dollars by father gorge [sic] W. Copas I have the ?receipt before me. W. T. Eakle told me he sold the claim to this lawsuit to Tim Clements. s/s H. E. Copes

T. C. Quarles age 64. My deposition was taken 14 May 1884. Was guardian about one month for W. T. Eakle. One promissory note for $60 or $70 came to my hand, made my settlement with the court, resigned and turned over the note to the next guardian G. W. Copus. The near relatives [of W. T. Eakle] told me he was about a year older than my son which was born the 20 day of April 1852 from this I am satisfied he [W. T. Eakle] was born in the year 1851. s/s T. C. Quarles

J. M. Morgan age 51. I am a solicitor in this case. Saw Henry Eakle's family bible, examined it at Jonathan Eakle's house, just across the line in Kentucky. It looked like someone had changed the date of birth of W. T. Eakle to 1852 and tried to change the date of death of Henry Eakle from 1852 to 1853. His administrator was appointed 1852. s/s J. M. Morgan

Nancy Copus [No age]. Known W. T. Eakle from infans [sic] except when he was is Masira a few years. He was born April 1851. My daughter Martha was born May 13, 1851, I have a record of her birth. We lived about 1/4 - 1/2 mile to parents of Wm T. Eakle when he was born. He was born Apr the 15, 1851. Nancy [her X mark] Copus

Depositions certified 23 July 1885. s/s Allen Davis

T. C. QUARLES age ?63, live 13th District, west bank of Jennings creek, north side of Cumberland River. When I knew W. T. Eakle he was living with David Keith, his guardian. He lived with me next, one month. He next lived with George W. Copus, his guardian after me. I was engaged in farming and preaching. s/s T. C. Quarles

AGREEMENT TO DISMISS: Timothy H. Clements, who purchased W. T. Eakle's claim in lawsuit, signed agreement to dismiss W. H. Botts as a defendant 21 March 1883.

PETITION TO DISMISS: Complainant W. T. Eakle lost, Clements as purchaser of his claim appealed to State Supreme Court to pursue against Eakle's guardians. T. C. Quarles petitioned that Complainant Clements had no interest in suit, asks that it be dismissed. 9 Sept 1887. s/s T. C. Quarles

PLEA: William T. Eakle thinks he can prove by D. H. Crawford of Wright Co., Missouri that he is entitled to a recovery based on record of guardianship and security. Gave notice to take deposition to Crawford twice, unsuccessful. Asks decree dismissing his bill be set aside so he can get deposition. 20 March 1886.

EAKLE, WILLIAM T. vs WM H. BOTTS, MATHIAS SWEAZY, et al

Complainant suggested and moved the death of Matthias Sweezey. No one has been procured to administer on his estate, and that ?John [or ?Gabe] Sweazy, Cooke Sweazy and George Sweazy are the only children and heirs at law of said Matthias Sweazy.

ANSWER: George Sweazea as Administrator of Matthias Sweazea, deceased to Bill of Complaint filed 22 Septr 1875. Respondent does not know whether L. D. Sweazea was ever guardian to Complainant. Denies his intestate was ever security. 10 March 1879.

ANSWER: T. C. Quarles to amended Bill of Complaint of W. T. Eakle filed 7 June 1884. True Complainant filed original bill 22 Sept 1875 and W. H. Botts, Smith Cunningham & Samuel Cunningham as executors of James Cunningham deceased, W. W. McCue, S. G. Gaines as Administrator of Alex Keith deceased and Mathias Sweezy and this respondent filed his answer 10 March 1876.

Court house burned, knows nothing of guardian bonds. Respondent was guardian one month, family wanted another guardian, he reported funds, resigned with court approval.

ANSWER: Smith Cunningham and Samuel Cunningham to Bill of Complaint of W. T. Eakle. They are executors of James G. Cunningham, a very cautious & prudent man in business. While they don't know it, regard it very improbable that their said testator and father was one of the securities of L. D. Sweazy as guardian of Complainant, ask they be dismissed.

NOTICE OF DEPOSITION: To be taken Friday 18 December 1885, Court House in Hartsville, Wright County, Missouri of David H. Crawford.

PETITION TO DISMISS: W. W. McCue and S. G. Gaines deny they were security to any guardian of W. T. Eakle.

BILL OF COMPLAINT: William T. Eakle vs William H. Botts of Barren Co., KY, W. W. McCue, Smith & Samuel Cunningham, executors of James G. Cunningham deceased, S. G. Gaines administrator of Alexander Keith deceased, Thadeus Quarles of Jackson Co. and Mathias Sweezy of Wilson Co., TN. William T. Eakle is son and heir of Henry Eakle, deceased. Son Christopher Eakle administrator, filed suit to settle estate of Henry Eakle worth nearly $5000. By decree 9 February 1856, Orator entitled to $711.80. Charges that sum was paid into Clerk & Master's office and he is entitled to same with interest. 22 Sept 1875.

BILL OF COMPLAINT: Henry Eakle Sen., Administrator of the estate of Benjamin Eakle deceased of Jackson Co. against Russel M. Kinnaird & Thomas L. Bransford of Jackson Co. and Henry D. Eakle Jr. of the State of Illinois and John N. Gates of Jackson Co. Kinnaird & Bransford filed their bill and supplemental bill against Henry D. Eakle Jr. and John M. Gipson and Joseph Hamack and George Kinnaird as merchants & co-partners. Allege they recovered judgment against Henry Eakle 20 March 1840. Said Henry Eakle in the name of Benjamin Eakle recovered $50 against John N. Gates in 1841.

Benjamin Eakle departed this life in Jackson Co., TN [blank] 1841. Dated 2 May 1843. s/s Henry Eakle

[NOTE: This looks like Tax Assessor's notes mentioned in a previous deposition - mlj]:

Borden, John Joins the lands of R. A. Hudson on East

Borden, Nathaniel

Dotson, Bartlin Joins the lands of J. Carver on South

Clarke, Alexander Joins the lands of B. Clark on South

Clarke, Bezaleel Joins the lands of A. Clark on East

Clarke, F. D.

Clark, Apram H. Joins the lands of G. P. Clark on the East

Clark, Vachel M.

Clarke, Washington Joins the lands of L. Swezea on the East

Clarke, Montgomery Joins the lands of J. Borden on the South

Clarke, John M. Joins the lands of M. Clarke on the South

Clarke, Cynes G. Joins the lands of ?Lewie/Levi Sholders on the North

Clarke, Granville Joins the lands of A. Clarke on the South

Clarke, W. M. Joins the lands of J. M. Clarke on the North

Clarke, James M. Joins the lands of W. M. Clarke on the West

Clarke, Elizabeth

Crabtree, Buckner Joins the lands of B. Cooms on West and R. Hudson on East

Crabtree, Joseph Joins the lands of ?James Strode on the North

Crabtree, Hiram Joins the lands of H. E. ?Noerad on the South

Coomse, Richard Joins the lands of S. Hudson on the East

Carter, Wilie Joins the lands of H. Crabtree on the East

Carter, John N.

Carter, John ["John Carter" marked through, with capital "D" beside name].

Cook, John

Coomse, M. L.

Craghead, Shelton Joins the lands of J. B. Wilson on the South

Clarke, George Joins the lands of A. Clarke on the East

Cunningham, P. D.

[Next pages "No. of Acres/value"...


[NEW] EATON, A. E. vs YOUNG, W. C. & ALETHA Chancery 1893

MORTGAGE: W. C. Young & wife Aletha of Jackson Co. is indebted to Alexander E. Eaton of Jackson Co. for notes 29 October 1889 of $175 and 1 Feb 1889 of $65.72 and $30.75 paid H. H. Dillard, attorney fee for W. C. Young on 11 Nov 1890. Said A. E. Eaton is to furnish W. C. Young stock to carry the mail from Monroville to Gainesboro. Mortgage on land in Dist 1, Jackson Co. bounded north and east by land of Saml Sliger, south by William Reeves west by William Reeves and Margaret Gailbreath and fully described in title bond by C. E. Reeves to W. C. Young on 16 Feb 1886. Dated 18 November 1890. s/s W. C. Young, Aletha Young

BILL OF COMPLAINT: Alexander E. Eaton against Aletha Young of Jackson Co. and Wilson C. Young now in Davidson Co. in the State Penitentiary. Defendants are indebted to Complainant, unpaid.

DEPOSITION: M. [or W.] B. Young. Have a license to practice law, live in Gainesboro. Am kin to W. C. Young he is a brother and Eaton is a cousin. I wrote the mortgage. W. C. Young came for me and insisted on me going. We went to the house of my mother in Gainesboro and in the front room where W. C. Young and his then wife Aletha Young were I wrote the mortgage. A. E. Eaton came later. s/s ?M/W B. Young

ANSWER: Aletha Young. Signed mortgage based on promises of A. E. Eaton. He was to pay board and ferriage and furnish stock for a rider to carry the mail, didn't. 23 September 1893. Aletha [her X mark] Young

DEPOSITION: America Harris, born 16 October 1821, reside three miles south of Gainesboro. I am W. C. Young's Mamma and A. E. Eaton's Aunt and used to be Aletha Young's mother-in-law. I wrote several letters to W. C. Young when he was in the state penitentiary for his then wife Aletha, and wrote some for myself. s/s America Harris

DEPOSITION: A. E. Eaton age 34, live in Gainesboro, occupation commercial trader. s/s A. E. Eaton

DEPOSITION: Richard Dockery age 38. Known A. E. Eaton and W. C. Young and Aletha Young 9 years or more. Carried a note from Mrs. Young to Eaton... was to get money to pay board when I was carrying the mail for Mrs. Young. He said he had no money. Richard [X] Dockery

BILL OF COMPLAINT: G. B. Murray against W. C. and Aletha Young. Complainant received judgment 11 April 1891. W. C. Young owns land District 1 bounded north by publick [sic] road Gainesboro to Flynn's Lick, east by John H. Denis, south by Wm Reeves, west by Fate Meadows and wife where Aletha Youung now lives, being same purchased by W. C. Young from C. E. Reeves, more particularly described in Aletha Young vs W. C. Young bill for divorce & alimony, decree July term 1892.


[NEW] EATON, A. J. vs HARRIS, AMERICA et al Chancery 1877

JUDGMENT: ?Received [or recovered; crease, hard to read] of Elizabeth Eaton $100. Irby Morgan & [Can't read] and B. H. Cook, merchants 8 January 1858 recovered judgment against James Eaton and John P. Murray for $250.68. Judgment stayed by Wm M. Clements. Execution issued [blank] October 1858 against James Eaton, John P. Murray and Wm M. Clements, levied on following Town lots: House and lot in Gainesboro where Joseph Eaton now lives, Lots 2 and 3, Gainesboro plan. Lot and stable used and occupied by Joseph Eaton. Lots 5, 6, & 7 are property of James Eaton.

Elizabeth Eaton having agreed to pay Plaintiff the sum of $100 for said town lots on or before 1st day of May 1869.

REPORT OF CLERK & MASTER: Heirs of Joseph and Elizabeth Eaton are numerous... best to sell town lots for distribution of proceeds. Fair minimum price of Lots 2 & 3 with improvements thereon, reserving the graves of Joseph & Elizabeth Eaton who are buried on one of the other of said lots.

SUMMONS: America Harris, Julia Robbins, Lansden Robbins, John P. Murray Sr., G. R. Murray, Nannie Cunningham, S. H. Cunningham, P. Murray, Hortense Murray, Thomas Joe Murray, Evie Murray, John P. Murray Jr., M. A. C. Eaton, Lizzy Hampton, Washington Hampton, Etta Eaton, Willie Eaton, Victorie Harris, W. B. Harris.

2nd Monday in March 1877 to answer Bill of Complaint by A. J. Eaton against America Harris. M. A. Butler, Administrator of Elizabeth Eaton.

GUARDIAN APPOINTMENT: The following defendants are minors, no general guardian. Appoint J. M. Morgan acting solicitor as guardian ad litem of:

Etta Eaton, Willie Eaton, Ann Eaton and

P. Murray, Hortense Murray, Evie Murray, John P. Murray.

REPORT to order March term 1878, Minute Docket H, P. 468:

Page 1 of William Speakman's deposition, estate of Elizabeth Eaton indebted to him $7.55 for making a coffin 3rd April 1875.

DEPOSITION: B. B. Washburn. Know property where Joseph & Elizabeth Eaton resided. Not susceptible for division among ten heirs. Following heirs of Elizabeth Eaton, deceased: America Harris, Dice Vaughn, Ann McColgin, A. J. Eaton, Thomas Eaton, Julia Robbins, Mrs. Harris usually called Puss Harris. s/s B. B. Washburn

DEPOSITION: T. H. Butler states children of Elizabeth Eaton, deceased are [numbering is mine - mlj]:

[1] America now Mrs. Harris

[2] Ann married [Wilson C.] McColgin [Note: This name usually MColgan].

[3] Dice married [Mr.] Vaughn

[4] James deceased

[5] Thomas

[6] A. J. Eaton

[7] Julia now Mrs. [Lansden] Robbins

[8] Evaline, deceased married [Mr.] Murray

[9] Victoria married W. B. Harris

and one died without issue.

DEPOSITION: A. J. Eaton states Joseph and Elizabeth Eaton are buried upon Lot No. 3 I think. Believe 16 feet square would be sufficient room to wall in said graves. [No date]. s/s A. J. Eaton

BILL OF COMPLAINT: A. J. Eaton against

America Harris, Julia Robbins and her husband Lansden Robbins, John P. Murray Sen., G. B. Murray, Nannie Cunningham and husband S. H. Cunningham, P. Murray, Hortense Murray, Thomas Joe Murray, Evie Murray, John P. Murray Jr., M. A. C. Eaton, Lizzie Hampton and husband Washington Hampton, Etter Eaton, Willie Eaton, Ann Eaton, Victoria Harris and husband W. B. Harris, all of Jackson Co.; Ann McColgan and husband Wilson C. MColgan of Clay Co; Dicey Vaughn & Thomas Eaton of Davidson County, Tennessee.

Elizabeth Eaton died intestate August [blank] 1875. Elizabeth and Joseph Eaton owned lots and improvements ... keeping hotel, Lots 2, 3, 5, 6 & 7, Gainesboro plan. Defendant Wilson C. MColgan holds title in trust. Joseph Eaton was the husband of Elizabeth Eaton. He died November 1875.

Following are minors: Etter Eaton, Willie Eaton, and Ann Eaton; P. Murray, Hortense Murray, Thomas Joe Murray, Evie Murray and John P. Murray Jr.

Your Orator, defendants America Harris, Julia Robbins, Ann MColgan, Dicy Vaughn, Victoria Harris and Thomas Eaton are the surviving children of Elizabeth Eaton. Said Dicy Vaughn intermarried with one Ned Vaughn and he is dead. America Harris intermaried with T. K. Harris and he is now dead. Lansden Robbins is the husband of Julia Robbins. W. B. Harris is the husband of Victoria Harris and Wilson C. MColgan is the husband of Ann MColgan. One James Eaton was a son of Elizabeth Eaton. He survived his mother but is now dead. M. A. C. Eaton is his widow.

Etter Eaton, Willie Eaton, Ann Eaton and Lizzy Hampton (who is married to defendant Washington Hampton) are his children... all his heirs at law.

Evie Murray was a daughter of said Elizabeth Eaton; she survived her mother but is now dead. Jno P. Murray sr. is her widower. G. B. Murray, P. Murray, Hortense Murray, Thomas Joe Murray, Evie Murray, Jno P. Murray Jr. and Nannie Cunningham (who married S. H. Cunningham) are her children and they are all of her heirs at law.

All of the heirs of Elizabeth Eaton are made parties to this bill.

Ask guardian ad litem [legal guardian] be appointed for minor children and administrator be appointed. 27 Feb 1877. s/s J. F. Haile, Sol. s/s A. J. Eaton

NOTES: J. M. Morgan and T. H. Butler, practicing attorneys, testified $50 or $60 would be a reasonable attorney fee for J. F. Haile. J. F. Haile's notation: ... "as some of the parties are poor... $50 fee..." s/s J. F. Haile.

J. M. Morgan appointed guardian ad litem to minor children.

Settlement of Joseph Eaton, deceased was 1st Monday in December 1877.


[NEW - ?Misfiled] RAY, WILLIAM vs HUFHINES, RILEY W. heirs & adm [No folder; this case was filmed between beginning and end of Eaton case above. Possibly more on another reel]:

ORDER TO SHERIFF: The death of Riley W. Hufhines, a defendant in this cause having been suggested last term of the Court... write of _____ facias isue to Sheriff... make known to George Hufhines, Melissa Russell and her husband Elam Russell, Daniel Hufhines, Samuel Gillespie Hufhines, Rufus Hufhines, Amanda Hufhines and her husband Frank Hufhines, Mary Russel and her husband Simp Hufhines, Howard Hufhines, Wade H. Hufhines, William B. Hufhines and Sarah Hufhines, heirs of said Riley W. Hufhines, and to William Draper, Administrator to appear before Clerk & Master, December rules 1876 to show cause why this suit should not be revived against them.


[RETURNS TO EATON CASE]:

PETITION of Mary A. C. Frost, formerly Mary A. C. Eaton... property sold and confirmed 12 March 1878 Minute Docket "H" page 442, and fund of $13.21 1/2 each is due her two minor children, now attending school, and is necessary for their support. 17 March 1881. s/s M. A. C. Frost

INVOICE: From Wm Speakman for making coffin for Joseph Eaton, $10.00. 25 November 1875.

EATON, JAMES vs EATON, JOSEPH 19 May 1854

DEPOSITIONS: 31 Jany 1857 of Joseph Hancock, Joseph Eaton and James Eaton.

Joseph Hancock age 52. Am acquainted with Doctor Absolom Johnson's character except 3 or 4 years when he lived at Sparta. Known him for 25-30 years, lived within 2 - 2 1/2 miles most of that time. Cannot give him full faith and credit in a court of justice. Before Henry W. Kirby's death, heard him say there was no good blood between them. Never heard Doctor Johnson say. They was at variance before Johnson brought slander suit against Kirby. Joseph [his X mark] Hancock

Joseph Eaton, age about 60. Live 4 - 4 1/2 miles from Dr. Johnson, are tolerably acquainted, not altogether entitled to full faith and credit. Not as good understanding between me and Johnson as might be. s/s Joseph Eaton

James Eaton, age 27. Known Dr. A. Johnson 10 years, live 4 1/2 mile from him except the last two years. Would not give full credit on his oath. s/s James Eaton

BILL OF COMPLAINT: James Eaton against Joseph Eaton and Jackson C. Apple. Joseph Eaton is indebted to him for $500. Recovered judgment on 20 May 1854, returned "No property found" by Sheriff. December term 1853 before the Supreme Court at Nashville, said Joseph Eaton recovered judgment against Absolom Johnson and A. W. Johnson for $922.50 besides costs, came to hands of Jackson C. Apple, then sheriff. Now $528 in his hands. Asks Apple be enjoined from paying Joseph Eaton.


[NEW - ?Misfiled] ELSY/ELSIE LEE, sons James Alexander & John Lee

[NOTE: Top part of this is missing, doesn't seem to have anything whatsoever to do with other cases. Not in separate folder - mlj].

DEPOSITION: ?Jos Birdwell.

Question: Say whether or not her Brother ?is Elsy Lee's brother William Parrott or any one else ever paid to Graves anything for the land mentioned.

Answer: Not to my knowledge.

Question: State when conversation in foregoing answer took place.

Answer: It was in the year 1852.

Question: If you ever heard Elsy Lee or either of her sons say anything about Woodfolk debt, say what they said and who it was.

Answer: In the year 1852 or probable [sic] the next year I heard James Lee say that Woodfolk had sued ____ on a note for rent on the place which she Elsie Lee now lives on.

Question: Are James Alexander and John Lee sons of Elsy and did they then all or most of them live on the land above mentioned? [No comma between boys' names, but "most of them" indicates more than two - mlj].

Answer: They are Reputed as such and they all lived on the place. One of them James Lee moved off a while but moved back agin [sic]. 24 June 1858 s/s ?Jos Birdwell


[NEW] EATON, JAMES vs IRBY MORGAN & CO. Chancery 1859

19 August 1869, execution issued against James Eaton and William Gore his security, case of James Eaton against Irby Morgan & Co. for $38.65 and on January 1870... there being no property of either of the Defendants to be found... levy on property of William Gore. Land embraced and adjoined the Mounce Gore home tract on Roaring River where Eleanor Gore now lives and which Mounce Gore died seized and possessed and a child's part descended to William Gore as heir at law of Mounce Gore, deceased.

ANSWER: Irby Morgan, Henry B. Ph[?arris] & B. H. Cook to Bill of Complaint of James Eaton... merchants doing business under the style of Irby Morgan & Co., recovered against James Eaton and one John P. Murray three judgments on 8 January 1858 of $107.12, $91.52 and $250.68 plus costs. Consideration for judgments was goods sold by them to Complainant. After judgments were recovered their agent James W. Draper did discover credits due of $99.26 and $107.12, gave credit, but did not cover total indebtedness/amount of judgments. Always been willing to settle... some money still owed.

ORDER TO SHERIFF: In the cause of Irby Morgan & Co. vs James Eaton & Co., summons James Eaton & Co., that is to say James Eaton & John P. Murray, answer motion to condemn a town lot to satisfy a plea of debt. [Note: This was below the following list of jurors - mlj].


[NEW - Misfiled?] LIST OF JURORS Tuesday November 2, 1858:

25 Novr 1858, John P. Murray, Judge &c presiding, Sheriff Ensley Williams summonsed following jurors to serve at present term: Daniel M. Morgan, Nicholas P. Hail, Patrick N. Dudney, Sampson ?S. Gaines, William C. Burke, Joseph Carver, Washington Clarke, Jabes G. Guist, Landon W. Oglesby, Ferdinand Hamilton, Sylvanus Kirkpatrick, Thomas Hix, Addison Hall, Washington H. Whitaker, Paul Anderson, William G. Anderson, Woodfolk Pippin, Abraham H. Hoover, John K. Fox, Thomas Billingsley, Lewis Hix, John Wright, David G. Shepherd, Samuel K. McDaniel & Benjamin A. Smith.

GRAND JURY IMPANELED: Foreman Daniel M. Morgan; Washington H. Whitaker, Thomas Billingsley, Daniel K. McDaniel, William G. Anderson, Thomas Hix, John K. Fox, Abraham H. Hoover, Addison Hall, Joseph Carver, Washington Clarke, Woodfolk Pippin & Lewis Hix.


[NEW] EATON, JOSEPH vs McWHIRTER, G. M., Admr et al Chancery 1857

ANSWER: Jesse Kirby to amended bill of complaint. Respondent said in his previous answer he has no effects of the estate of Danl K. Witcher, deceased in his hands as guardian of anyone nor has one cent come to his hands as guardian of Martha Witcher. Respondent acted as guardian a few months only. She left the State of Tennessee and went to live in Kentucky with her brother and respondent is informed she has a guardian there who is acting for her. 15 July 1857. s/s Jesse B. Kirby

ANSWER: Martha Witcher by guardian Nancy Witcher to Bill of Complaint of James Eaton. No money of estate of Daniel K. Witcher deceased was ever paid or delivered to Martha G. Witcher or her guardian by admr of estate. About 28 May 1853 the clerk of the court paid guardian about $78.50 of the proceeds of sale of land which is all that respondent or her guardian ever received. Respondent does not know whether money paid to other heirs and distributees came from sale of land and negroes or other personal property. Appears from settlement of administrator confirmed March term 1853 that said administrator hand in hand after sale of personal property and after all costs $339.87... no part paid to Nancy Witcher as guardian... thinks applied to past debts of Daniel K. Witcher. 30 January 1858, Jackson Co., TN. s/s Nancy Witcher

DEPOSITIONS: Cause of Joseph Eaton vs G. M. McWhirter, admr of Daniel K. Witcher deceased, William P. Witcher, Nancy Witcher, Susannah J. Witcher, Tandy W. Witcher, Hogan Witcher, Jesse Witcher, Martha Witcher, et als, will take depositions

4 May 1859, office of John P. Murray, Gainesboro, Tennessee.

Merlin Young age 50. Was partner with Daniel K. Witcher in buying hogs. W. P. Witcher was a son of Daniel K. Witcher. Joseph Eaton at the time the note was endorsed was my father in law. Daniel K. Witcher made the note. At the time the note was signed, Daniel K. Witcher and myself were both solvent. Don't know whether Daniel K. Witcher died before or after the note matured. 4 May 1859. s/s Merlin Young

ANSWER: George M. McWhirter. 18 February 1845, Daniel K. Witcher in his lifetime promised to pay to Plaintiff six months after date $172. Note was endorsed by William P. Witcher and Merlin Young and transferred to Bank of Tennessee at Sparta which brought suit.

George M. McWhirter admits he administered estate of Daniel K. Witcher, deceased in November 1845. Funds of estate would have been sufficient at that time to pay the bank's debt if the demand had been made on time. He plead statute of limitations, case was found in his favor and a judgment against endorser Eaton and W. P. Witcher was recovered. 13 March 1849 all had been settled. Eaton and Witcher paid the bank and McWhirter was released.

ANSWER: Jesse Kirby to Bill of Complaint of Joseph Eaton. Respondent qualified in Macon Co., TN at one time as guardian of Martha Witcher. Her negro referred to in the bill has been in the State of Kentucky for more than a year where she is in possession of her [Martha's] guardian. At the time of and before her father Daniel K. Witcher's death, said negro belonged to and was in possession of Martha. Said Martha left Respondent's house long ago and went to live with her brother W. P. Witcher in Kentucky. 19 Jan 1856. s/s Jesse B. Kirby

ANSWER: Martha G. Witcher, minor under 8 years of age, by guardian Nancy Witcher to Bill of Complaint of Joseph Eaton. Respondent knows nothing about note and judgment. Daniel K. Witcher departed life in Jackson Co. September 1845. George M. McWhirter appointed administrator. [No date - mlj].

AMENDED BILL OF COMPLAINT: Joseph Eaton against George M. McWhirter, admr of Daniel K. Witcher of Texas, W. P. Witcher, Nancy Witcher, Susannah J. Witcher, J. H. Witcher, Tandy [?K. or W.] Witcher, Hengan [Hogan] W. Witcher, Jessie J. Witcher, Martha F. [or G.] Witcher and Jesse B. Kirby. [Nothing new].

BILL OF COMPLAINT: Joseph Eaton against William P. ["Pleasant" marked through] Witcher, Jesse Kirby guardian of Martha Witcher and Martha Which [sic], Tandy K. Witcher, ?Hermey Jane and Hogan Witcher and George W. McWhirter as administrator, all of Jackson Co., Tennessee, Jesse Kirby and ward Martha Witcher of Macon Co., TN, William P. Witcher of Kentuck and the others of Jackson and Macon.

ANSWER: William P. Witcher. Respondent appointed guardian of his sister Martha in Jackson Co. after the death of his father. Respondent moved to Kentucky 1853... had said negro in his possession in Kentucky about 1854 where she has been ever since. Said Martha was 14 years old in February 1854. Negro has been out of the jurisdiction of court before bill was filed. Respondent is not nor ever was a guardian of Hogan Witcher. Daniel K. Witcher in his lifetime gave said negro to Martha Witcher, and William P. Witcher has held for her.

Denies the heirs of D. K. Witcher were correctly set forth, there being two others to wit: Jesse Witcher and Martha Witcher daughter of Daniel G. Witcher a son of D. K. Witcher. 19 March 1856. W. P. Witcher


[NEW] EATON, THOMAS L. vs JOHNSON, COLUMBUS 1912

BILL OF COMPLAINT: Thomas L. Eaton of Jackson Co. against Columbus Johnson of Jackson Co. Boundary dispute, land in Dist. 10, both sides Gainesboro and Cookeville Road where Complainant now lives known as John Haney old home place, bounded north by Wm Ransom, east by W. E. Smith now Wm Haney and John Netherton, south by Jesse Woolbright and west by Shade Murray, being 325 acres more or less.

Defendant is setting up claim of ownership to part. Both claim from John Haney. Defendant of doubtful solvency.

ANSWER: Columbus Johnson to Bill of Complaint filed 16 June 1910 by Thomas L. Eaton. Denies complainant owns entire tract, denies complainant's land entirely bounded on north by Wm Ransom, denies John Haney common source of title.

DEPOSITIONS Taken Center Point School House, District 10, beginning Mch 25, 1912:

John Netherton, live Dist. 10. Knew John Haney about 35 years before he died, land joined. Tract known as Labin Loftis place owned by John Haney in his lifetime, where Mr. Eaton lives. I was with Logan Jackson when he surveyed and William Hensley was Administrator of John Haney's estate, a short time after Haney died, for the purpose of selling land.

Question: Did you ever hear of Haney selling his brother Isaac a part of it?

Answer: The heirs said John had sold 12 acres. He let Ike have 12 acres of it. I was at old man John Haney's and Jackson got the Labin Loftis deed and we went and surveyed.

Question: Will you tell in rotation the different tracts of land that bound Complainant Eaton's tract, naming all of them?

Answer: Murray tract on the west, Dave Netherton, Bill Haney, Frank Haney, Mrs. Brewington, John Netherton, Sam Netherton. Bill Haney used to be called the Col. Smith land, Bias Haney, I don't know who was next unless it is Mounce Bullington, Newt Johnson, I don't know who comes next, it used to be called the Gore land, and the 12 acres of Lum Johnson that the ?heirs gave in. John Haney's heirs said their father and Ike Haney made the conditional line. Guess 35 years ago when Logan Jackson ran Loftis' lines. The vacant land we surveyed now goes by the Shade Murray land. It now belongs to Lewis Fox. John [his X mark] Netherton

William Hulsey age 63, live 1 1/2 mile of land in dispute... all my life in the neighborhood. I married John Haney's daughter 43 years ago last July. Was administrator of John Haney's estate 1893-94, had his lines run out to sell by court decree. He owned other land, all sold at once. The spring in the hollow was included in the 12 acre tract [John sold to Isaac "Ike"]. This 25 March 1912. s/s Wm Hensley

ADJOURNED until March 26, 1912, [Resumed with William Hulsey]:

Question: Did you and Andy Haney discuss the lines involved in this case?

Answer: Andy was talking about the poplar tree at the spring and I told him not to talk in our presence as we were under the rule. I think John Haney lived on the Labin Loftis tract from soon after he bought it in 1860 until his death. s/s Wm Hensley

ADJOURNED until 27 March 1912:

Tobias Haney age 66, I live Dist. 10. I am a son of John Haney, deceased who lived on the place where T. L. Eaton now lives. He died about 1895 in September. Don't think my father lived on the Loftis tract, think Sanders tract. So many tracts I can't tell. His houses were close to where Mr. Eaton now lives. They were on the west side, the right side of the road going from Gainesboro to Cookeville.

I knew J. J. Payne and R. C. Dill in their lifetime. Both are dead.

Father sold off land to Uncle Ike Haney... don't know when. Uncle Ike sold to Bill Chism. Don't know who he sold to. Henery Jackson owned it once. Chism may have sold to him. Mrs. Maxwell moved in there after Chism moved out. I seen Denton & Washburn there and some say they owned it but I don't know. Tobias [X] Haney

ADJOURNED until Thursday morning, March 28, 1912:

J. A. Haney age 47, live Dist. 10. John Haney sr. deceased who lived on Gainesboro-Cookeville Road was my grandfather. I know about where the Taylor Sanders 50 acre tract is. I have been told the Eaton houses were on Sanders' tract. Sanders tract lies mostly north of the Eaton houses and back to Martha Isabell Spring which is back of the School house. That spring used to be called the Isabell Spring. s/s J. A. Haney

A. J. Haney age 49, live District 10. John Haney was my grand father. Wm Smith put his fence over on John Haney's line and he told him to move it and Smith asked if he'd let it stay one year he'd give him a double shovel plow, that it was getting late in the year.

John Haney, Bias Haney's boy went with me [last Monday] to see if the poplar tree at the head of the spring was still there [marked corner line]. s/s A. J. Haney

ADJOURNED until Friday March 29, 1912.

J. H. Haney [No age given].

Question: Are you commonly known by the name of Whad [sic] Haney?

Answer: Yes. John Haney who lived on the Gainesboro-Cookeville Road where T. L. Eaton now lives was my father. I am the same J. H. Haney who purchased and took the deed to the Haney lands from J. C. Chaffin. Believe Bill „Billie‰ Smith owned the place where Lum Johnson now lives.

I sold the John Haney farm to A. Gillum Maxwell. Deed recorded Book G page 390, Register‚s Office 29 October 1898, from J. H. Haney and wife Palitha Haney, Jace Chaffin and wife Parle Chaffin to A. G. Maxwell. Parle Chaffin was Jace Chaffin‚s wife at that time. Don‚t believe the Chaffin‚s made a deed to me when I bought, but believe we all joined in the deed to Maxwell.

J. H. [his X mark] Haney

Sam Q. Nettleton age 46, live District 10. Knew John Haney sr. Marsh Spurlock owned the Lum Johnson tract at one time. Know where the Carr Terry line called for in Haney's title papers is. Uncle Andy Byers bought a part of that entry. He said it started at Cab Anderson's on Blackburn's fork and run west to Logan Jackson's on Rush fork, a distance of four or five miles.

Gilliam and Garrett Maxwell sold spoke timber off the disputed land. Little Bill Smith owned the Lum Johnson tract at that time. S. Q. [his X mark] Netherton

[NOTE - This is not in a separate folder, probably is covered on another reel. The Bill of Complaint, Amended Bill of Complaint, and Cross-Bill of Complaint by Elizabeth Haney each gives variations in children of John and Mariah Haney - mlj].

BILL OF COMPLAINT filed 4 March 1896: Wm Hensley and wife Christie against Benjamin Hensley and wife Polly, Elizabeth Haney, Tobias Haney, John Haney, Simeon Haney, France Haney, George Haney, Wade Ransom and wife Almeda Ransom, Jace Chaffin and wife Paralee Chaffin, Francis Graham, Frank Graham, Hetty Graham and John Graham, minor children of Rose Ann Graham deceased, Andy Haney, H. P. Loftis and wife Sally Loftis, Savanna Haney, Mary Haney, George Haney, Clarinda Haney, Verna Haney and Thomas Haney minor children of Elijah Haney decd, all of Jackson Co.

John Haney and wife Mariah Haney died some time ago and left no minor children surviving them... left large tract of land. Your Complainants pray the following be made defendants to this bill, to wit:

Benjamin Hensley and wife Polly Hensley

Elizabeth Haney

Tobias Haney

John Haney

Simeon Haney

France Haney

George Haney

Wade Ransom and wife Almeda

Jace Chaffin and wife Paralee

Francis Graham

Frank Graham

Hattie Graham all minors and

Andy Haney

H. P. Loftis and wife Sallie Loftis

Savanna Haney

Mary Haney

George Haney

Clarinda Haney

Verna Haney, latter five minor children of Elijah Haney.

AMENDED BILL OF COMPLAINT. Filed 11 April 1896. Complts Wm Hensley and wife Christine Hensley filed their Bill of Complaint on the fourth day of March 1896, they filed their bill of complaint against the defts Benjamin Hensley and wife Polly Hensley, Elizabeth Haney, Tobias Haney, John Haney, Simeon Haney, France Haney, George Haney, Wade Ramson and wife Almeda Ransom, Jace Chaffin and wife Paralee Chaffin, Florence Graham, Frank Graham, Hartie Graham and John Graham, minor children of Rose Graham, decd, Andy Haney, H. P. Loftis and wife Perlitha Loftis, Suverna Haney, Mary Haney, George Haney, Clarinda Haney, Verna Haney, Thomas Haney, the last five of whom are minor heirs of Elijah Haney all citizens of Jackson county, Tenn.

And now by way of amendment complts will show to the court that complts and those named as defts in the original bill are the children and grand children and only heirs at law of John and Mariah Haney except husbands of married women.

ANSWER & CROSS-BILL: Elizabeth Haney for herself and next friend of Florence Graham, Frank Graham, Hattie Graham and John Graham to the original and amended bills filed in this cause by Wm Hensley and wife against these respondents and others.

They admit the death of John Haney and his wife. That John died seized and possessed of land described, suppose the beneficiaries are correctly set out. Deny lands are unencumbered with debt, deny respondents are not entitled to homestead. Both allegations are untrue.

By way of cross-bill against Wm Hensley and wife Christine Hensley and all the rest of the dfts to the original and amended bills except Elizabeth Haney, Florence Graham, Frank Graham, Heiskell Graham and John Graham, respts hereto and cross-complts, who also prosecute this cross-bill in her own right and as next friend of said Florence, Frank, Heiskell and John Graham who are minor orphans of tender years without general guardian.

Cross-complts charge that John Haney died before his wife, her surviving him only a short while, and that they both lived on and occupied lands up to their death and not owning any other lands, occupied and claimed same as a homestead during their lives, the same not being worth more than $1000. During the life time of the said John Haney and wife cross-complts lived for many years prior to their death with them and constituted his family up to his death and the death of wife and are now living on, occupying and claiming the same as a homestead under the constitution and laws of the state.

Further, complainants in original and amended bill falsely charge there were no heirs entitled to homestead. There are four Graham minor children who are grandchildren of John Haney and wife, to wit:

Florence about age 14, Frank about age 12, Heiskell about age 9, and John who will be 6 on 10 May 1898. Their mother being dead and they abandoned by their father and left as a charge upon their grandfather who took them and raised them... one of whom was born there. These minor children and cross-complt rocked the cradle of his declining years, administered to him in his last sickness and closed his eyes in death.

Cross-complainant Elizabeth Haney says she is living on said land as head of family, keeping four minor Graham children just as her father and mother would... that they are entitled to homestead. Personal estate of John Haney is insolvent, will be necessary to sell reversionary interest to pay debts.

Cross-complainant states the estate of John Haney is indebted to her for their care the past 15-18 years.

ANSWER: T. M. Gailbreath, Guardian ad litum for Thomas Haney, Verna Haney, Clarinda Haney, George Haney and Mary Haney, minor heirs of Elijah Haney, deceased. Filed May 14, 1896.


[NEW] EDWARDS, POLLY B. vs EDWARDS, F. M. Chancery 1874

BILL OF COMPLAINT: Polly B. Edwards vs Francis Marion Edwrds, both of Jackson Co. Married in Jackson Co. 1873. She tried to make him happy... due to brutal treatment was forced to abandon a short time ago, believes unsafe to be under his dominion and control. Lists personal property mouse colored mare, sow & two pigs, no children mentioned. 23 January 1874. Polly B. [X] Edwards

Adock [same case]

SUBPOENA: Served 24 Jan 1894 to Francis Marion Edwards, failed to answer, decree ordered, name Polly B. Adock, her maiden name, be restored.

SUMMONS: Hafer Adcock, John Adcock and Mary Chafin to appear and give evidence 1st Thursday after 1st Monday in May 1874 [No testimony/depositions on film - mlj].


[NEW] ELKIN, JOHN, Admr of ELKINS, ADELINE vs STAFFORD, RHODA 1877

DEPOSITIONS 12 July 1877:

John B. Stafford age 43. Knew Thomas J. Stafford in his lifetime and his widow Rhoda, live one-half mile of land. The T. J. Stafford farm joins S. S. Gray farm [Testimony as to rent value, no relationships]. John B. [X] Stafford

W. R. Stafford, age 55. Acquainted with T. J. Stafford in lifetime and land where Rhody Stafford now lives. Lived 1 - 1 1/4 mile from the farm for about 20 years. T. J. Stafford died 1866 or 1867. About 20 acres of bottom land, 12 acres next adjoining. About 6 acres in the young orchard, about 3 acres in the old orchard and about 18 acres in the yankee John Stafford place.

N. H. Chaffin rented the lower place for $150 per annum I think from Rhody for four years.

Question: Do you mean all the land except the place now owned by John H. Stafford?

Answer: I allude to all the land except where yankee John Stafford now lives.

I am acquainted with the land of John B. Stafford. His land also adjoins land of defendants. There are 20 acres of T. J. Stafford's farm that is worth double anything John B. Stafford has on his place.

When N. H. Chaffin rented the lower place four years, Rhoda Stafford lived on the upper place. W. R. [his X mark] Stafford

V. C. Lee age 55. Knew T. J. Stafford farm and was at his death. Got some timber off by permission of Rhoda Stafford and paid her for it. Think Anderson Stafford got some logs. Was about 1871. Nancy A. Elkins was living with Rhoda and was a minor.

The T. J. Stafford land was partitioned among the heirs after I got the logs, don't know if it came off Adlina's part or not. Got the logs from the SW portion from the house, next to the Kelly and Gray farm.

ADJOURNED - RESUMED Friday 13, 1877.

M. L. Gore age 36. Know farm where T. J. Stafford died, now occupied by J. H. Stafford. Understand John Elkins' interest to be one-third interest...don't know boundary. Was acquainted with Nancy Adaline Stafford who married John Elkins. She was 10 or 11 when her father died. Married John Elkins 4 or 5 years after her father died. Her mother Rhoda Stafford sent her to school, clothed and provided well. She [Nancy Adaline] is now dead. A portion of the time she boarded away from home while at school.

It is my understanding Nancy Adline died leaving a living infant who died soon after the death of its mother and it was by this way that John Elkins became owner of the land. He sold said land soon after the death of said child.

T. J. Stafford owed me some money when he died. Rhoda Stafford rented out the farm and paid it. Believe she was hard run to provide for her children for several years after her husband's death. The farm was out of repair at the death of T. J. The widow improved it, made her daughter's part more valuable. s/s M. L. Gore

BILL OF COMPLAINT: John Elkins and wife Nancy A. Elkins by their regular guardian William E. Elkins, all of Jackson Co. against Rhoda Stafford and Anderson Stafford of Jackson Co.

Thomas Stafford departed life intestate 1866 or 1867, died seized and possessed of land in Dist. 1 on Roaring River adjacent lands of S. S. Gray, W. R. Stafford and lands of Kelly heirs and others... 450 acres more or less. At death Rhoda Stafford his widow, Complainant Nancy A. Elkins and Joel T. Stafford and Anderson Stafford were his only children and heirs. Nancy A. was then and is now a minor under 21, had no guardian until her marriage with John Elkins which occurred in 1873, at which time W. E. Elkins was appointed guardian of Nancy A. and John Elkins.

Rhoda Stafford did not have dower assigned nor was land apportioned among the three children. Rhoda Stafford bought her son Anderson's interest, which is one-third value at the price of $800 and has been paying for it partly with the interest of Nancy A. Elkins' share. Sold timber to Vance C. Lee. Rhoda and her son Joel T. Stafford on 2 Jan 1875 filed petition to partition said land vs Elkins and wife, and have Dower assigned. 2nd January 1875. s/s William Elkins

ANSWER: Rhoda Stafford and Anderson Stafford to Bill of Complaint. Rhoda Anderson has purchased the interest of A. C. Stafford. She is the widow of T. J. Stafford who died in 1866. He was indebted at death for about $300 and for back taxes. Rhoda Anderson paid indebtedness, kept taxes current, made $200 improvements to farm. T. J. Stafford had no personal property at death that could by law go to an Administrator... by her own management she saved the land for her children. Any timber she sold was to get money to pay taxes. Nancy A. married in 1873, she boarded her and husband John Elkins 1873 and 1874. Nancy A. had a severe attack of fever, Rhoda waited on her day and night, charged nothing. If Nancy A. Elkins is due any rent, she also should be subrogated to debts against her father's estate for her share.

CLERK & MASTER'S REPORT: December rules 1876. John Elkins attained majority. Nancy A. Elkins is dead and John Elkins was appointed her administrator. Suit revived in his name as administrator against defendant Rhoda Stafford and others.

DEPOSITIONS 15 August 1877:

Rhoda Stafford age 53. Am defendant, mother of Nancy A. Elkins deceased.

To the best of my knowledge, Thomas J. Stafford died November 1866, owing debts: Wade Stafford, note $65.05; F. M. Price for taxes on land $35.50; Martin & Crutcher $49.50; Draper & Morgan, Admr of S. S. Gray $70.05; J. M. Richmond for back taxes 18?? of $7.15; J. M. Settle note for $2.60; J. A. Cunningham by account $1.50; Martan & Crutcher note $4.00; J. H. Stafford for taxes 1870 accrued after his death $17.50; Frances M. Price tax on land year 1871 of $27.40; William S. Johnson yer 1872 for $16.80; Norris on a note owed by husband $1.50; Harves & Stone $8.00 owed at death; F. M. Price taxes 1868-9 for $35.93; W. S. Johnson taxes 1872 for $22.80; Gore & Jorden [or Gorden] for burying clothes $3.85.

Owned small amount of livestock, household and kitchen furniture which would have been exempted. Cost of administration would have depleted this.

Nancy A. took sick in October after she married John Elkins. Rhoda [X] Stafford

Joel T. Stafford age 26, am son of Rhoda and brother of Nancy A. Elkins deceased. I made my home with my mother ever since my father died. Adopt her deposition as my own. Joel T. [X] Stafford

Anderson Stafford age 33. Nancy A. and Joel and I are the only heirs of T. J. Stafford. I made my home with my mother since my father's death except about 18 months. Anderson [X] Stafford


[NEW] ELKINS, WM E. vs CLEMENTS, GEORGE W. Circuit 1875

PETITION: William E. Elkins of Jackson Co. against Geo W. Clements of Clay Co., Tennessee. 1 April 1872 Geo Clements recovered judgment against W. S. Cox, G. M. Putty and Robert A. Cox for $106.60; execution issued 14 July 1875. William E. Elkins alleges Clements owes him money, wants Cox, Putty & Cox enjoined from paying to Clements. [No relationships given]. 19 Oct 1875. s/s William Elkins


[NEW] ELKINS, W. E., Guardian John and Adaline Elkins County 1879

SUMMONS: 20 April 1879, W. E. Elkins as guardian of John & Adaline Elkins, appear and make settlement, W. E. Elkins as guardian of W. T. Elkins. W. T. Elkins, minor heir of John Elkins and Adaline Elkins, deceased, about the age of one month. Nothing come to my hands as administrator... tender my resignation. 1st Monday December 1879.


[NEW] ELLIS, J. K., Guardian of LEE, S. L., deceased heirs County 1908

Settlement 13 January 1908, distributive shares, each of three shares received $21.65:

Lizzie and Sam Young, Liza and J. T. Smith, Lora and J. P. Poston


[NEW - Misfiled?] SIRCY, W. H., Admr of SIRCY, M. G., Deceased 1914

[NOTE: This case was not in a new folder, apparently misfiled with above as there is nothing in this case to indicate Ellis or Lee involved; nothing in above to suggest connection with Sircy - mlj].

BALANCE DUE ESTATE BY ADMR: The Admr W. H. Sircy, by order of the Court, pays into the Clerk, Geo. R. Loftis the sum of $309.98, this being the amount due the estate after deducting his 1/8 interest which was $44.28.

Rans Sircy, deceased, share $44.28, leaving ten heirs each receiving $4.42:

Dan Sircy

John Sircy

Zack Sircy

Van Sircy

Vance Sircy

Kirk Sircy

Mag Carter

Josie Butler

Lassie Sircy

Lizzie Satterfield

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Sis Berton Decd, share $44.28, leaving 9 heirs each receiving $4.92:

Belle Duke

Cora Duke

Howard Berton

Wash Berton

Tom Berton

Lizzie Duke

Clerly Berton

Virgie Watts

Martha Watts

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Nancy Franklin, Decd, share $44.28 leaving 4 heirs each receiving $11.07:

Bud Franklin

Jim Franklin

Bettie Butler

Tom Franklin

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Henry Sircy, Decd, share $44.28 leaving one heir, Bertie Butler who is to receive $44.28.

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G. R. Sircy, Decd, share $44.28, leaving 6 heirs as follows, each to receive $7.38:

Elijah Sircy

Oliver Sircy

Sherman Sircy

Herman Sircy

Tom Sircy

Virgie McCormick.

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W. H. Sircy [Administrator] who retained his 1/8 share $44.28.

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Eldora Carver, living, one whole share $44.28.

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Margaret Sircy, living, one whole share $44.28.


[NEW] ELLIS, MARIAH vs ELLIS, WOODSON Circuit 1880

BILL OF COMPLAINT: Mariah Ellis against Woodson Ellis. Married Jackson Co. about 14 years ago. Alleges cruel and inhuman treatment, he drove her from his house. [List of personal property}. Owns small tract of land bounded by land of John Stout, Wm Davidson, Archibald Stafford and land of Elijah Price. 2nd Monday in January 1880.

DECREE: May term 1880, name changed back to Mariah Rush.

ANSWER: Woodson Ellis. Denies allegations, alleges Complainant's conduct toward John Welsh was impropert. Woodson [his X mark] Ellis


[NEW] ELLIS, SUSAN vs ELLIS, W. H. Chancery 1866

ANSWER: Woodson Ellis to bill of complaint. Intermarried several years ago, regrets to say have not lived as happily as they could have... complainant's bad temper... disposition on her part to stroll and wander about in the neighborhood keeping bad company with women of disolute [sic] habits and character. For years she has been idle, indolent and disagreeable... attempted to cause him to strike her... she has pretended feeble, ill health. Denies he was cruel, admits she abandoned him around 1 Jan 1866... Complainant has no children by him and he is glad of it. She only [can't read] to transfer his property over to her son... Respondent believes he is using his mother through the agency of the court to accomplish this... 9 Feb 1866. W. H. [his X mark] Ellis

BILL OF COMPLAINT: Susan Ellis states they were married in 1848. She is now in the decline of life. They have no children. He shut and locked one door and stood in the other... forced her out... took up abode with her son a child by former husband Wade Price, she having been married and her husband having died prior to her marriage with defendant Ellis. Said soon is very poor, unable to provide. 185[blank] he abused her, she filed for divorce, he promised... she dismissed and returned... he shortly returned to cruel and inhumane treatment. Owns tract on Flynns Creek of several hundred acres bounded by James M. Richmond, James Draper and Williamson Davidson. Personal property included livestock, furniture and money loaned on interest to James M. Richmond and William M. Ragland between $300-$400. Both citizens of Jackson Co. before and since marriage. Asks name changed back to Price, decree for divorce and alimony. 6 Feby 1866. Susan [her X mark] Ellis

HEARING: 1st February 1866, states they were married in the year 1845.

SUMMONS: 2nd Monday in Feby 1866: Elijah Price, Tash [or Josh] Huff, Patsy Keith, Betsy Keith, Ann Price, Anderson Adcock, Sallie Price, Wm Davidson, Jas Lawson, Joseph Lock, D. K. Fink, Manerva Davidson, Carel Price [No testimony/deps filmed].

SUMMONS: 2nd Monday in Feby 1866: Lafayette Wheeler, Narcissa Wheeler, James Lawson, Malinda Lawson, Manerva Davidson, William Davidson, R. C. Kirkpatrick, Elizabeth Keith and William Lawson. [No testimony/depositions filmed - mlj].


[NEW] ENGLAND, A. M. et ux vs DeWITT, A. W. Chancery 1870

NOTES: To J. R. Stone and wife Narciss [sic] from A. W. DeWitt, for $100 due 15 November 1868 and $100 due 15 July 1869 "for tract of land I have this day bought of them". 26 June 1868. s/s A. W. DeWitt

NOTICE OF DEPOSITION: To be taken 15 December 1873 in Sparta, White Co., TN of Narcissa England.

BILL OF COMPLAINT: A. M. England and wife Narcissa, citizens of White Co. against A. W. DeWitt of Jackson Co. A. W. DeWhitt on 26 June 1868 purchased land of Oratrix and her then husband Joshua R. Stone in Dist. 1, Jackson Co., bounded by Doe Creek and Cumberland River and lands of Woodfolk and perhaps others, signed notes which are past due and payable.

ANSWER: A. W. DeWitt states he bought land, signed notes. Said Stone stated at the time notes were executed and after that Robert White the grand father of the wife of said Stone willed the land to Nathan Montgomery, the father of the wife of said Stone, for and during his natural life and at his death the land was then to be the property of and belong to the said Stone's wife and that during the late war the records of the County Court of Jackson Co. in which said will was recorded were destroyed so Respondent could not see said records himself but believed said Stone, and agreed to take bond for quit-claim deed.

James Quarles recently told him a copy of the said will did exist in another case in said court and Quarles was one of the Solicitors. Understand land willed to Nathan Montgomery with power to dispose of it, which he did. [Blank] April 1872.

ANSWER: A. M. England and wife Narcissa England. There was no fraud. A. W. DeWitt well knew facts before he purchased land. Nathan Montgomery did have power to dispose of land, did not do so, then the same passed to respondent Narcissa at Nathan Montgomery's death. Also was informed Montgomery had mortgaged land for debt to Leroy B. Settle and that Settle had purchased land at foreclosure. These facts were all disclosed. $200 paid was less than half the land's value, and DeWitt had agreed to the purchase knowing there was a problem with the title. 26 July 1873.

[NOTE: "Miscellaneous Divorces" gives little or no information. They may have been uncontested, possibly in some cases the couple reunited, cause dismissed, or papers lost/removed during the intervening years before cases were microfilmed - mlj]:


[NEW] ELDRIDGE, JOHN vs ELDRIDGE, EMILINE Miscellaneous Divorces 'E'

YEAR 1878: Married in Putnam Co. 1870 or 1871, together 2 - 3 years, defendant abandoned him. She is now a resident of Decalb [sic] Co., Tennessee and Complainant is a resident of ["Jackson" marked through - mlj] Tennessee. John [X] Eldridge

SUMMONS: Sheriff of Putnam Co., Tennessee, summons Emeline Eldridge to answer Bill of Complaint, appear 2nd Monday in May next. Dated 2nd Monday Jany 1881.


[NEW] EMBERTON, JOSEPH vs EMBERTON, BELL Miscellaneous Divorces 'E'

YEAR 1888: Joseph Emberton of Jackson Co. and Bell Emberton of Clay Co. Were married in Jackson Co. [blank], together until 1888 when she committed adultery with one Ben ?Hortner. 13 October 1888. Joseph [his X mark] Emberton


[NEW] EWING, WM vs EWING, ELNORA Miscellaneous Divorces 'E'

YEAR 1889: I was married to one Elenora Givens [blank] of August [blank]. She abandoned, has been living to himself since separation some two years or more. Cause heard 1st Monday in July 1887 [Or 1889. File folder lists "1889", but looks like 1887. Wm [his X mark] Ewing


[NEW] EWIN, DANIEL vs EWIN, CAROLINE Miscellaneous Divorces 'E'

YEAR 1900: [NOTE: No papers; only the above notation on file folder, with year].


[NEW] EVANS, FITE, PORTER & CO. vs PURCELL, WM C. & others Chan 1871

Evans, Fite, Porter & Co. against William C. Purcell, Z. VanHooser, A. Pharis and S. F. Murray. Evans, Fite, Porter & Co., wholesale merchandisers of Davidson Co., TN recovered judgment against Purcell, Pharis and Murray 1 July 1871 for $382.65. Purcell executed deed of trust dated July 1871 to Z. VanHooser, believed to defraud and defeat creditors. Defendants Pharis and Murray are insolvent. [No relationships given].


[NEW - ?Misfiled] DAVIS, URIAH & MARGARET to PURSEL, WILLIAM C.

[Note: Below deed does not appear to have anything to do with other cases, possibly misfiled and there may be someone else on another reel - mlj]:

DEED: We, Uriah Davis and Margha [sic] Davis his wife have this day sold to William C. Pursel for $300 tractof land that John Dixon died seized and possessed and also our interest and remainder in Dower assigned to ?Laney Dixon, the wife and wider [sic] of said John Dixon, our interest being 1/10 part of a full share which is undivided and descended to us Margaret Davis being the daughter and heir at law of said John Dixon. Land in Dist 13, Jackson Co. bounded by David Griffith line... stake in the bank of a creek... conditional line made by John Dixon and William C. Pursell... to the mouth of Dixon Spring branch to include the tract of land that John Dixon died seized and possessed. 20 June 1860. s/s Uriah Davis, Margot [her X mark] Davis


[NEW] EVANS, FITE, PORTER & CO. vs RAGLAND, W. H. & others Chan 1880

C & M REPORT: Advertised land in "Upper Cumberland", a newspaper published in Gainesboro. No one was procured to bid $1000 cash as provided. Reversion and Remainder interest sold to Evins, Fite, Porter & Co. for $50.

DECREE: 16 March [or ?May] 1886, land of W. H. Ragland and wife Lou Ragland ordered sold to pay debt , subject to Homestead for and during their lifetime and their minor children until the youngest reaches age 21. Lot 107 in town of Granville, Jackson Co., 5th Civil District bounded north and west by land and lots of John J. Kelly, east and south by public streets.

DEPOSITIONS 31 August 1881:

P. McCarver, about age 74, merchant.

Question: Say if W. H. Ragland in April 1880 was going to sell all his property, put the money in his pocket and go to Texas where his father was.

Answer: Heard him talk of selling out and going to Texas where his father was, don't know about the other part. s/s P. McCarver

Roland Terry age 48. Was present when W. H. Ragland sold all his goods to A. J. Vantrease. s/s Roland Terry

W. H. Evans [no age], am a complainant. s/s W. H. Evans

A. J. Vantrease [no age]. W. H. Ragland owed me about $1300. 18 April 1880 I purchased his general merchandise, dry goods, groceries and drugs. I paid for them by delivering up the note I held against Ragland and accepting a debt he owed C. F. Burton. I paid Burton. s/s A. J. Vantrease

John W. Holleman [no age]. Confirms A. J. Vantrease, said Vantrease got the keys at the store.

Question: About the time you speak of, don't you know that Ragland's wife filed a bill for divorce and alimony and attached his property?

Answer: That was my understanding. s/s J. W. Holleman

W. H. Ragland [no age]. Sold stock to A. J. Vantrease 18 or 19 April 1880... my store house in Granville, Tennessee. s/s W. H. Ragland


[NEW] EVANS, FITE & PORTER vs RICHMOND, J. K. & CO. & others Ch 1877

BILL OF COMPLAINT: Evans, Fite & Porter against J. K. Richmond of Putnam Co., James Darwin, John Darwin, J. D. Richmond and James M. ?Cox of Jackson Co. and James K. Richmond & James Darwin as merchants doing business in the style of J. K. Richmond & Co.

During the present year and up to a few months ago, James Darwin and J. K. Richmond were merchants in Flynn's Lick.

James Darwin sold his interest to James K. Richmond.

James K. Richmond sold to J. D. Richmond.

Evans, White & Porter are wholesale merchants of Davidson Co., TN who did business with and had an unpaid account on J. K. Richmond & Co.

BILL OF COMPLAINT: Phillips, Jackson & Phillips of Davidson Co. against J. K. Richmond, J. D. Richmond, James McCoy, James Darwin and John Darwin. [Similar to above, no relationships given in either case - mlj].


[NEW] EVANS, T. W. & W. H. vs CASSETTY & YOUNG, et al Chancery 1853

C & M REPORT: On 15 April 1854, house and lot mentioned in pleading was sold at public auction to Complainants for $400 notes, $25 in cash. Sam M. Fite, Security. [Business matter, no relationships given - mlj].

ANSWER: Jackson C. Apple, James A. Spurlock & Wm P. Witcher to Bill of Complaint by Thomas D. Cassetty, Thomas W. Evans and William H. Evans. Witcher & Spurlock were security for Cassetty [Business matter, no relationships - mlj].


[NEW] EWING, A. G. vs BURRIS, J. M. & HILL, L. B. et al Chancery 1894

DEPOSITIONS 10 August 1895:

Asa Lynn age 35. Sold A. G. Ewing some logs last Feby. Geo. Dodson & Ann Dodson, [Can't read] Harris and Floyd Maxfield [sic - Maxwell] and Warren Spivey were present. I went for my Dady [sic] and made the trade. None of the logs were mine. Ewing was a slim many, not heavy, looked 45 or 50 years old, lives in Nashville. s/s Asa Lynn

Jessie Lawson age 62, live Jackson Co., am a farmer. A. G. Ewing a large raw-boned man, tolerable tall, 45 or 50, beard tolerable long, sandy color. Character not good. Jessie [his X mark] Lawson

W. R. Porter, live Jackson Co., farmer, known J. M. Burris 30 years, Ewing 13. Went with Burris and delivered two barges of poplar lumber to A. G. Ewing at Nashville, was to pay on the mill Burris had bought of Ewing. Am related by marriage distantly to J. M. Burris. s/s W. R. Porter

F. P. Buckhanan age 46, live two miles from Gainesboro, lived in Jackson Co. since borned. Am staying in Gainesboro in the cage, the jail, there now, been there 20 days. I am a brother in law to John M. Burris, not related to L. B. Hill. s/s F. P. Buchanan

W. Floyd Maxwell [No age]. I am a small log dealer in Jackson Co. and work as a hand for other log dealers. W. Floyd [his X mark] Maxwell

Clay Clark [No age]. I am a son in law of J. M. Burris. s/s Y. C. Clark

DEPOSITIONS 10 September 1894:

A. G. Ewing age 56, live West Nashville, occupation lumber dealer 21 years. Known John M. Burris since about 1861. Sold him a saw mill in 1882, he paid all but a balance of $1404. 1 June 1885 when I was out of town, my brother without my consent took a note from L. B. Hill for that. I look to my original mortgage recorded in Jackson Co. Book B pages 561 and 562, plan to repudiate the note.

Orville Ewing age 51, live Nashville, am a lumberman. I am a brother of A. G. Ewing. s/s Orville Ewing

L. B. Hill age 54, live in Spencer, Tennessee, in lumber mill business, known John M. Burris since 1884. I refused to have anything to do with the mill under the A. G. Ewing mortgage. s/s L. B. Hill

DEPOSITIONS 31 July 1895:

A. J. Pharris age 37, live in Jackson Co., am a farmer. I know Burris and Ewing, don't know L. B. Hill. s/s A. J. Pharris

John C. Hamilton age 62, am a farmer and am in the lumber and log business. Known A. G. Ewing 15 years, Hill eleven or twelve, J. M. Burris much longer. I made a couple of payments to A. G. Ewing for L. B. Hill in 1885. This was after Hill took charge of the mill. Payment of $720 in 1886. Hill had bought the mill from Burris and ordered me to pay Ewing. s/s John C. Hamilton [Notation]: "1 day, Clay Co., 15 miles"

DEPOSITION taken Clay Co., TN 29 August 1895:

H. G. Kyle age 43, live Clay Co., am a farmer and log dealer. Known Ewing 12-15 years. s/s H. G. Kyle

DEPOSITIONS 22 July 1895:

F. M. Price age 52, live Jackson Co. Known A. G. Ewing 6-8 years. Do not consider his character very good. s/s F. M. Price

W. F. Maxwell, 43, farmer, reside 6th District Jackson Co. Known A. G. Ewing 8-10 years, character bad. W. F. [his X mark] Maxwell

Robert Poston age 26, live 6th Dist. Jackson Co., occupation merchandising [Rest missing].

John M. Burris age 56, live 6th District Jackson Co., 9 miles from Gainesboro, am a farmer. Known A. G. Ewing since May 1861. Offered him $3500 for the mill. I sold the mill to L. B. Hill. It was agreeable with Mr. Ewing.

Made the contract with Hill sitting on the porch of my place in Tick that was burned in the latter part of 1884 or first part of 1885. "He was to pay me the same price that I was to give Mr. Ewing and I was to put it down in running order on the Mahalia Spiva place".

Hill was to pay the remainder that I owed Ewing. Four notes were executed to A. G. Ewing. It was at Orville Ewing's hardware store on Market Street in Nashville the Spring of 1885. s/s J. M. Burris

DEPOSITION [August 1895, on letterhead of "Cumberland Lumber Co. Est. 1869, Nashville, Tennessee. James R. Gleaves, Pres., Geo Benedict VP, A. G. Ewing Sec., O. Ewing Treas." - mlj]:

C. H. Benedict, age 27. Known A. G. Ewing since 1879, knew Burris and Hill and J. C. Hamilton. s/s C. H. Benedict

DECREE: 18 September 1895, it appearing to court defendants have been damaged by wrongful suing, but not by how much... report next term of Court...

C & M REPORT: Cause of A. G. Ewing vs L. B. Hill, John M. Burris, et als, came defendants to strike out the so-called plea to the scirefacious [sic] bill... George G. Haile, executor of Joshua Haile, deceased. Testator [Joshua Haile, deceased - mlj] was the solicitor of A. G. Ewing, swore to the bill and signed bond as security, litigated same for years and through the Supreme Court, never controverted... court cannot change or reverse decision of previous court except on appeal.

PETITION: Defendant George Haile as Executor of the Last Will & Testament of Joshua Haile, deceased, prays to be dismissed. 23 Sept 1899.

DEPOSITION: L. B. Hill [No age, no date]. Am a defendant. Was in possession of and running saw mill 25 July 1899. It was situated on Mrs. Lee's land in Overton Co. on the farm known as the Ike Gore farm. J. O. Collins, Sheriff of Overton Co., attached the mill 25 Jany 1889. He put John Nichols in full charge of all attached property. s/s L. B. Hill

DEPOSITIONS beginning Monday 18 October 1897 and from day-to-day:

Wm Hull age 54, am a farmer and log dealer. Live Celina, Clay Co., TN. Know A. G. Ewing well for 10-12 years. Good character, full faith in testimony. s/s Wm Hull

BILL OF COMPLAINT: A. G. Ewing of Davidson Co. against John M. Burris of Jackson Co., The Pennsylvania Real Estate and Lumber Co. of Putnam Co. and L. B. Hill of Overton Co.

About 11 March 1882, Complainant sold to defendant John M. Burris one 30 horse power portable boiler and engine with every connection and appliance complete and a sixty inch or extra large size saw mill... made by the Eagle Machine Co. of Indianapolis... stipulated to be kept in good order... had a mortgage. Before 1 June 1885 the said John Burris sold same to L. B. Hill. 1 June 1885 Hill signed a note to A. G. Ewing for $1404, the balance due by Burris, with John M. Burris as endorser, or Burris signed a note with Hill as endorser.

Defendant L. B. Hill lately put said property into the Corporation known as Pennsylvania Real Estate and Lumber Company of which he is president and only stock holder. Charter to said company dated 19 May 1888. Hill and Burris are both insolvent.

DEPOSITION 11 Sept 1900:

Alex Maxwell [No age]. Was living with Mary C. Maxwell on 25 January 1889 when J. O. Collins [Sheriff of Overton Co.] and Joshua Haile came to the dwelling house of Mary C. Maxwell in Overton Co. with two writs of attachment. s/s A. L. Maxwell

DEPOSITION: 29 January 1898:

J. C. Copeland [No age]. I have known Burris and Hill 12-14 years. A. L. Maxwell is same as Alex Maxwell. I was forced to pay a debt for L. B. Hill as his security in 1888. s/s J. C. Copeland

DEPOSITIONS 21 Feb 1895:

Monroe Pharris [No age]. Know all parties, went with John M. Burris to deliver two barges of poplar lumber on the Cumberland River to Nashville. John M. Burris sawed and hauled it. The hands that went were John M. Burris, J. G. Stafford, Clay Clark, John Elkins, L. H. Kirkpatrick, Thomas Burris, Amos Pharris and myself and three black men who got off of a steam boat and wanted to go to Nashville. I do not know their names. s/s Monroe Pharris

Isaac Gore age 58. Live near Hilham, 3rd District Overton Co. Known L. B. Hill since about 1884. Part of the time I was out of this country and knew nothing of him then. Know [general character] while I was in the country where he was. It is good.

I married Mary C. Maxwell the 17th of Mch 1895. I had lived in Texas and Sumner Co. up to two years before I married.

She had a lawsuit with Major Hill when we were married, it was decreed after we married. [Indicated it was pending in Chancery Court of Overton Co. "on the reference of the attachment - mlj]. s/s Isaac Gore

INTERROGATORIES: Proposed to John L. Nichols who resides in the Indian Territory [No date except "Filed June 4, 1898"; answers not on microfilm. John Nichols was the man Constable Collins put in charge of the mill when it was attached January 1889]: Name? Age? Know Hill & Burris? Was Jube Collins the Sheriff of Overton Co.?

DEPOSITION: L. B. Hill, live Spencer, Van Buren Co., TN. Purchased mill believe fall of 1884 [Remainder of testimony detailed various payments in cash and lumber to Ewing]. Filed June 28, 1893. s/s L. B. Hill

END OF REEL #70

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