Jackson Co., TN Loose District/Chancery Court Papers Reel #74
Gailbreath - Gibson, E.

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


[NEW] GAILBREATH, W. M., ADMR vs DRAPER, JOHN S. et al Chancery 1911
DEPOSITIONS 27 June 1912:

Bailey Carter. I am 69 just turned in to 70 years, occupation farmer, live 13 District. Know some of the parties to the suit, Josey Draper, Clay Yourke and W. A. Yourke, Wm Gailbreath. Don't know Joe Locke, acquainted with Polly and Merrett. Not related to any parties except Polly and Merritt. She is related to my wife.

I knew David Griffith in his lifetime. Staid [sic] with him and worked for him a long time, from age 13 or 14, soon as I was old enough to work. I knew David Griffith's daughter Sally Griffith. She had been married and her husband was dead she and her two children had come back to David Griffith's to live when I first went to work there.

She married James Porter Griffith. I think they was first cousins, being Brothers' children.

Josey Draper and Clay York are the two children of Sally Griffith that were living with her at her father's. David Griffith lived some 5 - 6 years after I went there to live.

Jonas Lock came to David Griffith's when I was a boy living there. He was there seven days about, and he called David Griffith Uncle. Griffith's family said he was a kin and he lived in Missouri. They was a boy come with him and they called him Larkin Lock.

David Griffith's boys and girls were Polly Witcher, Sally Griffith, Nancy Ballard, John ?fouther Griffith, Samteter Griffith and I understand there was one named Jaim ?Griham Griffith.

Question: Did you ever see Sam Teter Griffith?

Answer: The first time I saw him he was living up on the creek. He moved to Missouri, or I saw him start out for Missouri.

Question: What was Jonas Lock's business in this country when he stayed with David Griffith?

Answer: Ellen went back with him was the first I knew of his business.

I knew Sam Cull Griffith. He married Dolly. They said she was Jonas Lock's widow. They lived together, anyway. Sam Cull Griffith and Dolly and their families went to Missouri shortly after Jonas Lock and Ellen went. They stayed a while and they all came back and Ellen came back with them and they stayed at David Griffith's a few days till they could get them a place.

Jonas Lock brought his daughter Ellen to Griffith's and they stayed the night and started next day going to Missouri.

Ellen Lock visited with Griffith's family after she came back from Missouri, they acted like kinfolks.

I moved out to Missouri 16 - 17 years ago, did not see or hear of any of them... went to the neighborhood where they once lived and they were all gone or dead. I understand all the children of David Griffith and their descendants are dead.

Jossie Draper and Clay York are the only kinfolks living of David Griffith and Ellen Draper. Baley [his X mark] Carter

Elvira Kittrell, age 74, live Whitleyville, Jackson County. I am not related to any party in the suit.

I knew Ellen Draper before I was grown, always lived close to her up to her death except while she was gone to Missouri. She was my step mother-in-law. She married James W. Draper, the father of A. W. Draper, my first husband.

I was not acquainted with Dolly Lock while she lived with Jonas Lock but I got acquainted with her while she was the wife of Sam Cull Griffith. Children of Jonas and Dolly Lock were Ellen and Nancy.

David Griffith was the uncle of Jonas Lock.

Ellen Draper said Josse Draper and Clay Yourke was her kinfolks.

David Griffith's daughter Sally married her first cousin James Porter Griffith.

Richard Lock and Nellie Lock were the father and mother of Jonas Lock.

When Jonas Lock came from Missouri to get Ellen when they started back, me and my sister that was older than myself went out... told her goodbye and she gave us an interduction [sic] to her father Jonas Lock.

Sam Cull Griffith and his wife Dolly and their family went to Missouri a short time after Jonas Locke and his daughter Ellen went to Missouri.

Question: Say whether you have heard Ellen Lock and her sister Nancy Lock tell why they came back to this country from Missouri.

Answer: Ellen said her father was good to her while she was out there but it did not look right to her and she did not like to stay.

I understand Jonas Lock had a brother John Lock that was killed in Missouri.

I heard Dolly Griffith and her daughter Ellen talk about their kinfolks, she said Jossey Draper and Clay Yorke were kin.

Question: Did you ever hear Ellen Draper say she was kin to Joe Lock and Polly Ann Merritt or hear of Joe Lock visiting her while she lived with James W. Draper?

Answer: Never heard her say, and if he'd visited, think I would have known.

The father and mother of Jossie Draper and Clay York were James Porter Griffith and Sally Griffith. Sally Griffith was David Griffith's daughter. James Porter Griffith died while Jossie and Clay were small children and their mother Sally took them and went back to her father's David Griffith and made that their home until the girls married off. s/s Elvira G. Kittrell

Raney Moss age 81, live 1st District, Clay Co. I know Polly Ann Merritt. Know Joe Lock. She was Polly Ann Lock before she married. Joe Lock was sired by John Lock. He lived at the mouth of Roaring River in Jackson Co. in February 1857. I had a talk with John Lock and his wife Sinda. We were old acquaintances. I was talking of going away and did go away. This was the last time I ever saw John Lock.

Question: Did John Lock and Polly Lock have any other brothers?

Answer: My understanding they had two brothers... names were Jones [Jonas] Lock and Sam Lock. I got my understanding from them. I was close neighbors to old Uncle Crowder, visited them.

Question: Did you know Ellen Draper in her lifetime? What was her maiden name.

Answer: Knew her and she past [sic - passed] for a Lock. She always said her father was Jonus Lock.

Question: Did you ever hear Polly Ann Crowder, Henry Crowder's wife, speak of her brothers?

Answer: Their names were John, Jonas and Sam. I heard Ellen Draper speak of her uncle John Lock and Aunt Polly Ann Crowder. Last time I saw John Lock he was Eflicted [sic] with blindness.

I was raised in the 8th District of Jackson Co. since 1835. I was borned in Buckham [sic] County, Virginia. I don't know my birth date. I came to Clay Co. about five years ago.

Don't recall when I first became acquainted with John and Cinda Lock. Don't think I ever knew any of his brothers and sisters except Polly Ann Crowder.

Question: Did you know Betsy Spivey?

Answer: She was said to be a sister to Polly Ann Crowder.

Question: Did you know John Lock's brother James Lock?

Answer: Don't know that I ever saw him. Can't call him to mind.

Question: Did you know John Lock's sister Sally that married an Asberry?

Answer: Can't call her to mind.

Question: Did you know John Lock's sister Becky who married a Loveman?

Answer: Can't call her to mind. I lived about 1 1/2 miles from Ellen Draper 17 - 18 years ago - guess that was the last time I saw her. She lived where she died, just below the Sink hole Mile on Jennings Creek.

I lived about 3/4 miles up on Sugar Creek when I moved from there, about 3 1/4 miles. I was on the south side of Cumberland River and Ellen on the north when I moved from there. Was there about 13 years before moving to Clay County. Lived on the north side of Cumberland River on Lock's Branch about 18 years.

Can't recall John Lock's mother and father's names. He was much older than me. He would be 100 now if living. s/s R. D. Moss

RECALL R. D. MOSS:

John and Jonas Lock's father was named Jo Lock. Heard John Lock and his sister Poly Crowder talk about him many times. Polly Ann Crowder was Polly Ann Merritt's mother. Jonas Lock was a brother of John Lock and Polly Ann Crowder. s/s R. D. Moss

DEPOSITION taken at the residence of Joe Lock, 1st Dist. Jackson Co. [No date, but filed 7 June 1911]:

Leatha J. Lock, will be age 73 on the 4th of next January. Live 1st District at the old Woody Denison place. I married Joe Lock.

My husband's father was John Lock. He had two boys and two girls. Two died and two living. One of those living is my husband Joe Lock. The other one living last I heard of her she was mighty poorly. She married long before I did, to Jim Duncan. Don't know where she lives if she's living, or how long she has been gone. She was about two years younger than my husband Joe Lock. John Lock is dead. John Lock's brothers were Sam Lock and Jonas Lock. My husband and I lived with John Lock, my father in law, when he lived on the Tom Haile ridge and when he moved to Brooks ferry we lived with him there. His health was tolerable good but he was nearly blind.

When he died he was living at my house. John Lock died first and his wife's name was Lucindy. She'd talk about her husband John Lock's brothers Jonas and Sam.

We lived on the Tom Haile ridge about 51 years ago when I was married. Moved to Brooks Ferry in the fall after we married. Moved to Flynn's Creek from Brooks ferry and lived near Frank Fox's on Jim Richmond farm till he bought him a little place and moved on it. Can't tell how long he lived after he moved to Flynn's Creek, but a right smart while. When he died he was living with me at the Russel Spurlock place on Flynn's creek. Leatha J. [her X mark] Lock

DEPOSITION 25 September 1911:

Clay York [age "soon be 67" given below]. Knew Ellen Draper all her life. Her father was Jonas Lock. Jonas Lock's mother was Nellie Griffith before she married Richard Lock. Jonas Griffith Sr. was the father of Nellie Griffith. Jonas Griffith Sr. was my grgrgrandfather. He had four sons, David, Jonas Jr., Sam and John.

David Griffith was my mother's father, and my grandfather Jonas Griffith Jr. was my father's father and my grandfather. My father's name was James Porter Griffith. My father and mother were cousins.

Sally Griffith was my mother. She was a daughter of David Griffith.

My father died when I was about 20 months old and my sister Josie was near five years old and my grandfather David Griffith raised us both. I was 16 or 17 years old when he died. I heard him talk of his brothers and sisters. His sister Nellie Griffith married Richard Lock. Their children were Jonas, John and Sam. My mother Sally Griffith said Nellie Lock was her aunt and Richard Lock her uncle by marriage. Nellie Griffith who married Richard Lock was the daughter of Jonas Griffith Sr.

When Jonas Lock came from Missouri after his daughter Ellen, he stayed at my grand father David Griffith's, called him Uncle, and said my mother Sally was his first cousin.

Jonas Griffith Sr. was Jonas Lock's grandfather. Heard that Nellie Griffith was his mother.

Question: Who was your grgrandmother Griffith before she married?

Answer: I don't know. ["I recon she was Polly Short" is marked through - mlj].

I believe grandfather David Griffith died February 1860, believe he was 72 years old. Grandfather was older than Jonas Lock. David Griffith was older than Nellie Griffith.

Jonas Lock left here in 1856 or 1857. Those present when Jonas Lock came to grandfather David Griffith's were David Griffith, Sallie Griffith, Josie Draper, Nancy Witcher and Marth [sic] Carr. They all lived there. Bailey Carter worked there. I don't remember whether Bailey Carter was there are not. I was 15 or 16 years old. I will soon be 67. I think he [Jonas Lock] came in the evening. He brought Ellen there on Sunday and left on Monday morning.

Ellen Draper's mother had married a 2nd time to Sam Cull Griffith when Jonas Lock was here. Sam Cull Griffith was a son of John Griffith, a brother to David Griffith and Nellie Griffith. Sam Cull Griffith was older than Jonas Lock. Sam Cull Griffith was a first cousin to my mother. Ellen Draper was about 30 years old when she went off with her father. s/s Clay York

ADJOURNED, RESUMED 26 SEPT 1911:

[Continued with Clay York]

Sam Cull Griffith married Dolly Lock, the first wife of Jonas Lock and the mother of Ellen Draper. Sam Cull Griffith first married Carline Witcher and they had three children, two daughters and one son, Polly, Nancy and Clay.

After Sam Cull Griffith and Dolly married, they lived in this country for some time and went to Missouri, all of his children and Nancy Lock, sister of Ellen Draper, went with them.

Jonas Lock carried Ellen Lock to Missouri in the Spring or Summer and Sam Cull Griffith and Dollie and their families went in the fall and the next Spring they came back in May and Ellen came back with them. They stayed at David Griffith's the rest of that year then moved to Lock's branch.

Question: Did Ellen Lock say why she did not like to live in Missouri?

Answer: They said they had too many Daddies and mammies. Jonas Lock was their daddy and Dollie Griffith was their mother and Sam Cull Griffith their Step Daddy and Sallie Lock was their Step mother.

Question: Who was Sally Lock before she intermarried with Jonas Lock?

Answer: She was John Lock's widow. Sally Lock's first husband John was the brother of Jonas Lock.

Nancy Lock was about 25 when Sam Cull Griffith carried her to Missouri. Ellen was the oldest. Was a right smart time after she came back before Ellen married James Draper. Nancy died in the time of the war before Ellen married. Sam Cull Griffith took them to Missouri before the war.

Dollie's children were older than Sam Cull Griffith's. Of his children, Polly married Jim Buckhannon and died. Nancy died at Ellen Draper's. Clabe Griffith died in prison of war.

Jonas Lock was older than his brother John. John Lock married Sally in Missouri, don't know who she was before she married. Nancy Lock was somewhere in 30 when she died, maybe 34 or 35.

Sam Lock, Jonas Lock and his brother are dead. No living children I know of. Jonas Lock and Sally Lock had no children. Larkin Lock went back to Missouri with his uncle [Jonas], don't know what happened to him. He was a delicate man and wore a red cord around his neck to keep his nose from bleeding. s/s Clay York

Jossie Draper [No age given]. Lived in site of Ellen Draper about eight years and until her death about a mile. Jonas Lock was her father and Dollie Lock was her mother. Nellie Griffith was Jonas Lock's mother and Ellen Draper his grand mother. I heard her say she was named for her grandmother Nellie Lock.

Nellie Griffith married Richard Lock. Nellie Griffith's father was old Jonas Griffith, Sr.

Jonas Griffith Sr. had seven children, Jonas, Johney, Samey, David, Polly, Betsy and Nelly - four boys and three girls.

Jonas Griffith Sr. married Nancy Short. David Griffith married Ruth Whipple. Nellie Griffith married Richard Lock.

David Griffith had children. The oldest was John, James, Sam the three boys. The three girls were Sallie, Polly & Nancy.

Jonas Griffith had about thirteen children. Sam Griffith, Gus Griffith, Byram Griffith, Dock Griffith, James Porter Griffith my father married Sallie Griffith, Sallie Griffith, Nancy Griffith, Polly Griffith, Mariah Griffith, Lucy Griffith and others.

Richard Lock and Nellie Lock had Jonas, John and Sam Lock.

Sallie Griffith and Porter Griffith had Josie and Clay.

My father's full name was James Porter Griffith.

Jonas Griffith Sr. was my grgrandfather, the father of David Griffith.

David Griffith was the father of Sallie Griffith, my mother.

My father James Porter Griffith died in July when I was five years old in December.

My mother Sally Griffith died 15 years ago last January and was 78 years old.

Nelly Griffith was David Griffith's sister. She married Richard Lock. They had three children, Sam, Jonas and John Lock. Jonas had three wives.

First was Dolly Cason. Think the second was a Bradley. The third was Sally Lock who was his brother John Lock's widow.

Question: After Jonas Lock and his first wife separated, who did Dollie marry?

Answer: Sam Cull Griffith. Before he married Dolly he married Carline Witcher. They had Nancy, Polly and Claborn.

Those that went to Missouri with Sam Cull Griffith and Dolly were Nancy Lock, Polly Griffith and Claborn Griffith. They were gone from fall until next May. Stayed with David Griffith a while, then went out to the McCue place. Ellen and Nancy Lock both came back with them.

Question: What became of Jonas Griffith Sr.'s children?

Answer: Jonas died on the Quarles farm.

David died up the creek further and was buried at the Quarles place.

Polly married Jimmy Short, left here and went to Missouri.

Don't know what became of Sam.

Betsy Griffith married Chisem [other testimony indicates possibly "Spivey" - mlj].

Nelly had married to Richard Lock before she left here. She moved off to Illinois I think. They left here before I could recollect. Three boys were born here before they left.

Never saw Jonas Lock before or since he came after Ellen.

I was about 17 when Jonas came after Ellen. I'm about three years older than my sister Clay York. I was 18 or 19 when I married. Nancy Lock is older than me.

s/s Josie Draper

ANSWER: John S. Draper and wife Josie, William York and wife Clay York to Bill of Complainant against them and others by W. M. Gailbreath, Admr of Ellen Draper, deceased, filed 12 January 1911 and petition of Joseph Lock filed 24 August 1910 and Polly Ann Merritt filed 27 December 1910.

Admit Ellen Draper, died intestate, estate not settled. State they can prove they are next of kin. Ellen Draper left surviving no father, mother, brothers, sisters or children. 20 February 1911.

s/s John S. Draper, Josie Draper, William York, Clay York

DEPOSITION taken 28 April 1911, at the Soldier's Home, Davidson County, Tennessee: W. T. Strode age 79. I live in the Soldier's Home in Davidson Co. Ellen Draper's father was Jonas Lock. Her mother's maiden name was Dolly Cason. They separated, she married Sam Cull Griffith. She is dead.

Dolly Griffith said Ellen Draper was her daughter. John Lock was a brother of Jonas Lock, her first husband.

Polly Ann Merritt's maiden name was Polly Ann Lock and she was a sister of Jonas and John Lock.

Ellen Draper, Joe Lock and Polly Ann Merritt were first cousins, being brothers and sisters children.

I was related to Ellen Draper by marriage. She married James W. Draper, who was my uncle.

Polly Ann Crowder and Jonas Lock died. Understand John Lock is dead. Polly Ann Crowder left no child but Polly Ann Merritt.

Jonas Lock left only Ellen Draper of legitimate children.

Jonas Lock was not married to the woman he lived with after he left Dollie. Jonas Lock told me he was not married to her and they would take them up [arrest] occasionally for living together in Missouri. s/s W. T. Strode

DEPOSITIONS [No date]:

Frank M. Bailey age 68, 8th District, Jackson Co. [Repeats "begats", gets it wrong, is re-deposed. Only the seemingly correct version is listed here - mlj].

Sindy Lock, Joe Lock's mother, would visit me often, stayed 2 - 3 weeks at a time. She would talk about how we were all related. Understand Aunt Sindy is now dead. My parents and grandparents and people that talked of relations are all dead.

Polly Ann Merritt is my aunt. Polly Ann Merritt's mother was Polly Ann Lock and she married Henry Crowder. Polly Ann Lock who married Henry Crowder was my grandmother.

Polly Ann Crowder's brothers were Jonas Lock and John Lock. A sister was Betsy Spivey. My first deposition said Polly Ann Lock was a niece of Jonas and John. Since learned they were brothers and sisters. I got this from Wm Strode, Joe Lock, John Crowder and Polly Ann Merritt. s/s F. M. Bailey

L. M. Cason age 70, live District 11, Jackson Co. Knew Joe Lock's father John. John's sister was Mrs. Crowder. She is dead. Her brothers were James, John and Jonas.

Ellen and Nancy Lock's father was Jonas Lock. Nancy died, Ellen married James Draper, had no children.

Other people who spoke of John Lock and Jonas Lock as brothers were Mrs. Crowder their sister; Norris Crowder said they were his uncles. Elizabeth Crowder who was before her marriage a Cason, she claimed James and Jonas Lock as her uncles. They are all dead. s/s L. M. Cason

Joseph Lock age 79. Was born and raised in the 1st District of this county. My father was John Lock. He had two brothers James and Jonas. Have seen Ellen Draper, am not personally acquainted. She was Ellen Lock daughter of Jonas Lock before she married James Draper. Joseph [X] Lock

CROSS-EXAMINED: Known Polly Ann Merritt all her life. She is my first cousin. Her mother and my father were brother and sister. Her mother was Polly Ann Lock before she married to Henry Crowder. She is dead. Jonas Lock was Polly Ann Lock's brother. Polly Ann Merritt and Ellen Draper were first cousins. Joe [his X mark] Lock

Polly Ann Merritt age 69. Live Putnam Co., Tenn. My mother Polly Ann Lock was a daughter of Joe Lock. She married Henry Crowder. I knew Ellen Draper. My mother and her father were brother and sister. Her father's name was Jonas. My mother's brothers and sisters were John Lock, Jonas Lock, Betsy Spivey and Sallie Asberry. Another was Becky Loveman who has been dead many years. Ellen Draper's mother was Dollie Griffith. Another child Nancy died at about age 13 [Note: Does not agree with another deposition which said she was age 25 when she went to Missouri with her mother and stepfather].

Joe Lock is the only child of John still living. No living children of Betsy Spivey, Sallie Asberry or Becky Loveman that I know of.

After Ellen's father Jonas left Dollie, she remarried some time later to Sam Griffith. They had no children.

John Lock married Lusendy Spivey. John Lock has been dead several years, died somewhere below Gainesboro near Flynn's Lick. John married only once, had four children: Polly Ann Keeth, Joe Lock, Nancy Dunkin, Sidney Lock. Joe Lock is the only one living.

Polly Ann Keith's husband was Joe Keith. They had children, but I don't know how many.

I know Josie Draper and Clay York. Sallie Griffith was their mother, don't know who their father was.

Jonas Lock's mother was Kisey Harvey. My mother has been dead about 48 years. s/s M. A. Merritt

 

DEPOSITIONS:

W. M. Gailbreath, character of the following is good, would give full faith to testimony: Joe Lock and wife Elith, Frank Bailey, Rainey Moss, John Crowder, Wm Strode, L. M. Cason, Wm York, Mrs. Elvira Kittrell, Bailey Carter. s/s W. M. Gailbreath

T. M. Gailbreath [no age]. Was asked if he did not know Rainey Moss has lived in Clay Co. last 15 years, replied "I do not know". s/s T. M. Gailbreath

E. G. Potete. Live in Jackson Co. near Whitleyville, occupation farmer, am nearly age 80. Knew Ellen Draper. Lived 200 yards and 3/4 mile at different times. I had her land rented, lived there about eight years before her death. I would feed [livestock] for her and my wife would milk for her when the weather was bad. My wife is some akin to her, I don't know how. I have heard her [Ellen Draper] say she didn't have close kin in this country... that John Draper's wife and Bill York's wife was kin, but don't know how. I have heard her say my wife and Preacher Wilson's wife and Albert Sisco were kin, don't know how. She said she used to have kin folks in Missouri, but she did not know whether they were dead or alive... been so long since she heard from them.

Jonas Lock was her father and Dolly Lock was her mother.

I understand Claiborne Griffith was Sam Cull Griffith's son by his first wife. I understand Claiborne Griffith was my wife's grand daddy.

Don't know as I ever heard whether Claiborne's mother died before Sam Cull Griffith married Dolly Lock. s/s E. G. Poteet

BILL OF COMPLAINT: Polly Ann Merritt of Putnam Co., Petitioner, states she is the daughter and only child of Polly Ann Crowder who departed life several years ago. Her maiden name was Polly Lock, a sister of one Jonas Lock, who died many years ago. Jonas Lock was also a brother of John Lock and James Lock. John Lock was the father of Joe Lock and Jonas was the father of Ellen Draper, John, James & Jonas Lock and Polly Crowder. They are all dead and have no living children except Joe Lock and your petitioner, a daughter of the said Polly Crowder aforesaid.

So the said Joe Lock and Ellen Draper were brothers and sisters children, and the only members of the said Lock family living known to Petitioner.

Ellen Draper departed life in Jackson Co. in 1909.

Joe Lock filed his bill 24 August 1910 under the supposition at the time that Petitioner was dead.

DEPOSITIONS 10 September 1910:

Joe Lock, I am 80 years old. My father was John Lock. Guess he's been dead 30 years, died at my house on Flynn's Creek. I guess Aunt Polly Ann Crowder died first. My grandfather's given name was Joe. Think he had six children. They are all dead. All married and had children. He married a Harvey.

Visited Ellen Draper I guess 15 years ago, she lived on Jennings Creek.

Question: Did you know the John Lock that married a Short and moved off to Illinois and was murdered by the Shorts?

Answer: No sir, I didn't know him... reckon I have heard of him. [No signature, rest missing].

Frank Bailey [First part missing]. My mother died in 1882. s/s Frank Bailey

W. M. Gailbreath. Ellen Draper died intestate owning personal property, I was appointed Administrator. Estate is involved in litigation, case of W. M. Gailbreath vs Lon Wilson, do not know how much estate will be available for distribution. s/s W. M. Gailbreath

BILL OF COMPLAINT: Joe Lock states he is nearest kin of Ellen Draper. 24 August 1910 [Nothing new].

DEPOSITIONS 29 April 1911:

John Crowder, age 72, live 13th District. Polie An Merit is my aunt. Ellen Draper is my second cousin. Polly An Merritt had three brothers. I reckon they are all dead. She had some sisters, but they are all dead.

Question: Have you been afflicted for some time? If so state how long.

Answer: I don't know whether I could state how long, about 35 years ago since my nose got sore. I worked up to about five years ago. I lived in the Free State. The Free State and Brooks ferry is about a mile from Gainesboro. J. H. [his X mark] Crowder

Clay York, age 56. Live north side of Cumberland River, am the wife of a farmer. Lived within four miles of Ellen Draper except when she was in Missouri. Ellen Draper and my mother were second cousins and she and my father were second cousins. Ellen was a daughter of Jonas Lock and Jonas Lock and my father and mother were all first cousins. Nellie Griffith was Jonas Lock's mama and she was a sister to both of my grand daddys.

Jonas Lock stayed at my grand father's house when he came after Ellen before she married. He came from Missouri and brought Sam Lock's son Larkin Lock with him. Jonas Lock died in Missouri. Jonas Lock's father was Richard Lock. Richard had three sons, Jonas Sam and John. David Griffith was my grandfather and Jonas Lock's uncle.

Ellen Draper said Mrs. Lon Wilson was her 4th cousin.

Sam Lock died a natural death and John Lock was killed in Missouri by Dave Short. My uncle Sam Teter Griffith first wrote the news back here to his father and he afterwards came back here and told about it. Sam Teter Griffith was a cousin of both John Lock and Dave Short. He said he saw John Lock after he was killed and saw his food working out where he was cut. It was before the war.

Don't know John Lock's wife's maiden name, but her given name was Sally. Jonas Lock married her after John was killed. It was before John came to this country after Ellen.

Ellen's mother and Jonas Lock separated in Illinois and her mother came back here and married Sam Griffith and they afterwards went to Missouri. Nancy Griffith stayed at my house when she came back from Missouri. It was some time in the fifties that John Lock was killed. Sam Teter Griffith came back here after John Lock was killed and married Nancy Price and went back to Missouri and went into the Confederate army. He was here some 7 or 8 years before he went back to Missouri. s/s M. C. York

Josie Draper age 69. Live near Whitleyville. Was double third cousin to Ellen Draper. Her father and my father and mother were all first cousins.

Jonas came after his daughter Ellen in 1856 or 1857, brought Larkin Lock, son of his brother Sam, with him. Ellen Draper claimed that me and Mrs. York were her double cousins and Mrs. Lena Wilson was her 4th cousin.

Believe it was early 50's when Dave Short killed John Lock in Missouri.

I know John Crowder, live in about 3 miles of him. Knew his father Phillip Crowder. He lived where John Crowder now lives. He died there I think.

Question: Did you know that John Crowder, Harve Crowder and Norris Crowder were related?

Answer: No, sir.

I live 4 - 5 miles from Frank Bailey. I didn't know he was related to Jonas Lock.

Dolly Cason was Jonas Lock's first wife and Ellen Draper's mother. I heard my mama say her [Dolly's] father was Old Billie Cason.

Jonas Lock had dark hair, kinda tall, stooped over, dark skin. Don't remember the color of his eyes. He favored Ellen, or Ellen favored him. Ellen was 15 years older than me. She was 30 when she went off with her father. I heard her say she was born in 1826.

Ellen Draper's husband was my husband's father. My husband was a stepson of Ellen Draper. s/s Josie Draper

M. A. C. Williams, age 72, was born and raised in Gainesboro. My father was James Lock. I knew Richard Lock. He had only three children, Jonas, Sam and John. Heard John was killed at a mill in Missouri, and that Jonas married his brother's widow.

I knew Joe Lock's father John Lock. He tended my father's ferry 20 years. This John Lock was not a brother of Jonas.

When Sam Teter Griffith told my father about John Lock being killed I was about 8 or 10. It was before the war.

Question: Don't you know, or haven't you heard that Sam Lock went into the War of 1812 while he was very young, and was never back here any more?

Answer: No, I never heard it.

Don't recall Joe Lock's father. Joe had three children, Joe and Nancy and Sid. John Lock's wife was Lucinda Crowder before she married.

Question: Was she Phillip, Harve or Henry Crowder's daughter?

Answer: I don't know, but she was akin to all of them.

Question: Now to refresh your memory, was John Lock's Mrs [wife/missus] a Spivey?

Answer: I don't think she was but she was akin to the Spiveys. Norris Crowder was akin to her. I have heard her say so. I think John Lock's wife was kin to Frank Bailey. s/s M. A. C. Williams

DEPOSITIONS 12 October 1911:

William A. York, age 63, live on Jennings Creek, 13th District, am a farmer. I am husband of Clay York, and Josie Draper is my wife's sister. Was acquainted with Sally Griffith from 1862 to her death. She was my mother-in-law. She was 78 at her death, been dead about 16 years. I lived 1/4 to 4 miles [at different times]. She stayed with us part of the time and Draper part of the time. Her [Sally's] father was David Griffith. David's father was Jonas Griffith. Old man Jonas Griffith's children were Nellie, Polly, think a son Jonas, son John and David Griffith. My wife's father was Porter Griffith.

Nellie married Richard Lock.

Polly married Jimmy Short, understand they went to Missouri. They had a son Dave Short.

The children of David Griffith, the father of my wife: Sam Teeter Griffith, John Fletcher Griffith, Jim Guinn Griffith, Polly Griffith, Nancy Griffith, Sally Griffith.

All the men left this country; Jim to Illinois and the rest to Missouri.

"John Lock said Polly Short's son Dave had stole some meal out of John Lock's mill. After she found out she went to the wheat field and got Dave and said she was going to make him kill him and he did kill him". Understand he used a knife in the bowels.

Jonas and his first wife Dolly had two children, Ellen and I believe Nancy who died in the Spring 1861.

Knew Sam Cull Griffith. I believe his first wife was a Witcher, believe she died here. Sam's children were by his first wife - Claborn, Nancy and Polly.

Nancy [daughter of Jonas] would not go to Missouri with Jonas.

As well as I can recollect Jonas was a large man, dark hair and blue eyes.

My wife was 22 or going on 22 when we married in 1868. My wife's mother died about 16 years ago. She was living at John Draper's.

Don't know the cause of Jonas and Dolly's separation.

Question: Didn't he take another woman and leave with her? Answer: Don't know.

I understand Jonas Lock and Sam Cull Griffith were first cousins.

Ellen Draper's sister lived with Sam Cull Griffith on Lock's branch when she died. Jonas Lock came for Ellen in 1856 or 57. I lived on Hensley's Creek.

I believe Sam Cull Griffith lived in Quarles town when his first wife died. Used to be called Griffith town.

Claiborn Griffith was captured in the war and put in prison at Camp Chase or Delewaire [sic] and died. He married before he died.

Sally Griffith was not confined long before she died, about 2 - 3 weeks.

Do not know when Jimmy Short left this country.

I knew two Polly Griffiths; Sam Cull's Polly and Dave's Polly. Neither of these married Jimmy Short. s/s W. A. York

"COURT OF CIVIL APPEALS, MIDDLE DIVISION OF STATE OF TENNESSEE - OPINION: William Gailbreath, Admr vs John S. Draper, et al, Jackson Co. Equity

We shall treat the multiplicity of pleadings in this case as a bill of interpleader brought by complainant Gailbreath as the administrator of one Ellen Draper, deceased, against numerous parties who were claiming to be the heirs-at-law and distributees of the said Ellen Draper for the purpose of having this disputed question determined. Quite a volume of proof was taken. At the hearing the learned chancellor decided that Josie Draper and Clay York were the next of kin of Ellen and entitled as her distributees to the funds in the hands of her administrator, she having died without husband, brothers, sisters or issue. The question of course is to determine those who stood nearest to the contestate in equal degree, as there is no representation beyond nephews and nieces, it being a personal estate entirely.

The question presented to us for determination is as to who are and were in fact the next of kin of said Ellen. Defendants Joe Locke and Polly Ann Merritt excepted to the decree and are here insisting that they were in fact the next of kin of said Ellen and that the chancellor should have so decreed.

The proof as to relationship is very conflicting indeed, There is quite a maze of names, strains and cross relationships and it is somewhat difficult to determine the real truth. We have, however, after carefully scrutinizing the testimony, reached the conclusion that we should concur in the finding and the decree of the chancellor that Josie Draper and Clay York, although father [sic] removed than first cousins, are and were the next of kin of the intestate and entitled to her property. It would be profitless to set out at length and in detail our reasons for arriving at this decision. It sufficies [sic] for us to say that two issues or claims of relationship were presented, through one of which, if established, appellants should have been admitted to participation in the estate. If the tracing of the other branch of the pedigree be looked upon as the more probable, then the decree of the chancellor should remain undisturbed. The appellants claim to be within the direct line of descent from a Jonas Lock, who was the son of one Joseph Lock, claiming further that this Jonas Lock was the father of one John Lock, who was a brother of the father of Ellen Draper. The contention of the appellees is that the appellants have confused names and asserted kinship through strains not connected with the original stock. To be more specific, it is the contention of appellees that the said Joseph Lock and the grandson John Lock, through whom the effort is made to establish connection, were different people from those who were connected with the strain from which Ellen was descended. It is claimed by appellees that the grandfather of Ellen Draper upon the Lock side was one Richard Lock and not a Joseph Lock; it is further claimed by them that the John Lock, the father of appellant Joe Lock, was not the son of Richard Lock and brother of Jonas Lock, but that the John Lock who was the brother of Jonas Lock, went to Missouri many years before the war and was there murdered and could not have been the father of appellee Joe Lock. It is further claimed with respect to appellee Polly & [sic - "Ann"] Merritt, who claims to have been the daughter of a sister of Jonas Lock, that in fact Jonas Lock never had any sisters, and hence that Mrs. Merritt must be mistaken to her relationship.

We are persuaded that the chancellor did not commit error, for the reason that the testimony supporting the contention of appellees is much clearer, more consistent and more reasonable than that adduced by the appellants, and therefore entitled to the greater weight. The witnesses produced by appellees seem to tell so reasonable a story and to present facts and occurrences, undisputed which are corroborative of their statements as to incline us to accept the theory presented by them. We are content therefore without further discussion to direct an affirmance of the decree of the chancellor. The appellants will pay the costs of this court. The costs of the lower court will be paid as adjudged by the chancellor, and the cause will be remanded to that court for the purpose of carrying the decree into effect. s/s Higgins, Judge. 22 Jan 1914. s/s Joe J. Roach, Clerk

 

GAILBREATH, W.M. v DRAPER, JOHN et al & RUDICK v GAILBREATH Ch 1911 [Note: This is in a new folder, but is a continuation with new claimant - mlj].

BILL OF COMPLAINT: Nancy Rudick vs W. M. Gailbreath, Admr of Ellen Draper, Josie Draper, Clay York and Charley Lock admr of Joe Lock all of Jackson Co. and Polly Ann Merritt of Putnam Co.

Ellen Draper died intestate, no husband, child, mother, father, brother or sister living. Personal property of $700 - $800.

21 August 1910 Joseph Lock filed a bill that he was a first cousin of Ellen Draper.

27 December 1910 Polly Ann Merrett filed.

12 January 1911 W. M. Gailbreath, Admr, filed bill of interpleader against Joe Lock, Polly Ann Merritt and also against Josie Draper and her husband John S. Draper, Clay York and husband William, M. A. C. Williams and husband T. J. Williams, and Lena Wilson and husband Lon Wilson, asking all claimants be required to interplead and prove their claim.

John S. Draper and William York are both dead.

Complainant being a non resident of the State of Tennessee, unable to bear expense of coming to Tennessee. Charges that Polly Ann Merritt and Joe Lock are not related in any degree, and Josie Draper and Clay York not related but a remote degree.

Complainant charges her maiden name was Nancy H. Lock, that she was a daughter of William Lock, who was a son of John Lock. Said John Lock was a brother of Jonas Lock, father of Ellen Draper. Jonas and John were sons of Richard and Nelly Lock.

Ellen Draper, Complainant's father and William Lock were first cousins. John Lock, complainant's grand father was killed by Dave Short many years ago in the State of Missouri. 26 February 1914. s/s Sam Tinsley, Solicitor for Complainant

ANSWER: Josie Draper & Clay York, to case of Nancy H. Rudick filed May 30, 1914. [Nothing new - mlj].

PETITION: W. M. Gailbreath against Josie Draper, Clay York of Jackson Co., Nancy H. Rudick of MO, [blank] Carter of Macon Co., Tenn and all other heirs or claimants unknown to petitioner... after case was appealed to State Supreme Court, and a portion of funds was paid out as decreed, Nancy H. Rudick filed and injunction against paying, which is still in force. There is another claimant [blank] Carter, who lives at Lafayette in Macon Co., Tennessee, unless she has lately died, perhaps others. 25 May 1914.

AFFIDAVITS: M. J. Dixon, George G. Haile, Solicitors for Draper and Clay. Complainant Nancy H. Rudick has taken depositions of Nancy H. Rudick and Matilda Hamphill twice and Margaret Slaw three times. Two of these are old Negroes, can't write their names, probably are under control or influence of complainant or someone who is befriending them. Questions were leading, answers not couched in language of these women, believe they should be cross-examined. 22 Sept 1914.

DEPOSITION: Margarett Slaw age 85, live Springfield, Missouri. Was a slave before the Civil War, belonged to John Lock, later to Wm Lock. I lived with them in Barry Co., MO. Nancy H. Rudick's maiden name was Nancy H. Lock. Her father was Wm Lock. Her father's father was John Lock. John Lock's children were Larkin Lock, Jonas Lock, James Lock, Samuel Farris Lock.

John Lock is dead, stabbed to death in a fight several years before the Civil War by Walter Short.

William Lock was a son of John Lock. Wm died about one year before the Civil War, leaving one living child, Nancy H. Lock.

I personally knew the father and mother of John and Jonas Lock. Their names were Richard and Nellie Lock and her maiden name was Griffith. After John Lock died, his brother Jonas married the widow Sallie Lock.

I was first owned by John Lock. After his death, I was owned by his widow Sallie for some time then I was owned by her son William and at his death I passed into possession of Jonas Lock until I was freed. There are no children of John Lock living. [No signature of deponent; signed by Norman J. Brite, Notary Public, Springfield, Missouri, 15 July 1915].

DEPOSITIONS [Undated].

W. W. Draper. Following is recap of actions performed and legal fees due.

First to set up claim was Lon Wilson & wife, portion was paid, filed to recover.... $50

Intestate in lifetime sold land to Wm Hancock, portion unpaid, filed to collect........ 25

Admr sued by Poteet & wife, $300-$400 for services performed in life, settled........25

Bill for interpleader, handling claim of Nancy H. Rudick to Ellen Draper estate......50

Working up compromise, note due of R. L. Draper....................................................10

S. M. Tinsley, his work representing Lon Wilson, Hancock and Poteet.....................50

My fees are $160, $100 has been paid, leaving balance due of $60.00

By agreement, Lon Wilson took property without making bond, was to hold pending settlement of the estate, value $100. A judgment was rendered against him, he failed to deliver, was arrested. He had sold the property was unable to pay the money, nothing left but to send the old man to jail. In the meantime, the Administrator had gotten hold of an old mare belonging to the estate and it was decided to sell the mare for whatever it would bring and let the old man out of jail. Corn and hogs and furniture was lost. The Court told the old man he could go in a very sympathetic way. Loss of about $100 to estate. All the lawyers representing various parties agreed. s/s W. W. Draper

W. M. Gailbreath. After I was appointed administrator, I went to check on the property. Joseph Hix had bought the reversion in the old lady's home place, and was demanding possession. A Sheriff's order turned stock and corn over to Lon Wilson who had moved up the creek a few miles. He had fed some of the corn to the stock. I gave Wilson credit for taking care of the old lady in her last days, caring for the stock, moving her possessions, and made a compromise, and settled for a sum of $100 due the estate. Wilson said he had written to his brother in Arkansaw [sic] who was to send the money as soon as he sold his cotton. s/s W. M. Gailbreath

AFFIDAVITS: Attorneys W. W. Draper, George Haile, Sam Tinsley, M. G. Butler, M. J. Dixon with case recap and recommended legal fees. [All signed].

DEPOSITION: W. M. Gailbreath, age 63. Am Cashier at Bank of Gainesboro. Was appointed administrator I think December 1909. The following brought suit: Joseph Lock, Polly Ann Merritt, Mrs. Clay York and Josie Draper. Said they were related but didn't bring suit were Lon Wilson and wife and M. A. C. Williams. [No date, but was before 26 Feb 1914, date of Rudick's complaint]. s/s W. M. Gailbreath

ESTATE ACCOUNTING: 4 December 1914 [Nothing new - mlj].

DEPOSITION: Matilda Hemphill. I was born May 24, 1831 in Scott Co., VA. I came to Barry Co., MO in 1842. I was well acquainted with the Lock family and all early settlers of Barry Co., MO. Richard and Nellie Lock, sometimes known as Ella and Ellen Lock, were the father and mother of John and Jonas Lock. Nelly was a Griffith before marriage. Children of John Lock are as follows:

Larkin Lock died in his youth.

Jonas Lock moved to Texas and died there.

James Lock moved to Texas and died there.

Samuel Lock died leaving one child, who died in its youth.

William Lock died before the Civil War, left one child Nancy H. Lock. [No date]. Matilda [her X mark] Hemphill

DEPOSITION: I, Nancy Henryetta Rudick, formerly Nancy Henryetta Lock was born in Barry Co., MO, 24 November 1857 and from biblical records and family history told me by my mother Becca Ann Lock, John and Jonas Lock were married to Sallie, whose maiden name was Short. s/s Nancy H. Lock

DEPOSITION: I, Margaret Slaw, formerly Margaret Lock, was born August 16, 1829 and came into the possession of John Lock in June 1838, was freed by the Civil War. Dated 18 June 1914. Margaret [her X mark] Slaw

DEPOSITION: Matilda Hemphill, live Jenkins, Barry Co., Missouri. Have resided there since 1842. Richard and Nelly Lock moved to this country from Illinois and moved to Illinois from Tennessee. 24 October 1914. Matilda [her X mark] Hemphill

DEPOSITION: Nancy H. Rudick age 57. [Nothing new reported]. Dated 13 Feb 1916. s/s Nancy H. Rudick

DEPOSITION: Margaret Slaw. Wm Lock died in 1860. Larkin Lock died at age 14. Margaret [X] Slaw


[NEW] GAILBREATH, W. M. Admr of HAILE, DUDLEY B., deceased County 1897

ACCOUNT OF ESTATE: Filed 7 September 1905. One expenditure was to Ragland & Reeves for coffin and box for deceased, $20, dated 9 June 1905.

[NOTE: No explanation as to why amounts distributed to some heirs were larger than others - mlj].

Maggie Johnson, her part of estate $74.77

Sarah Campbell, her part of estate $74.77

D. B. Haile, Jr., his part of estate $74.77

Lizzie Murray, her part of estate $74.77

G. F. Haile, his part of estate $74.77

Mrs. & Mrs. H. F. Young, her part $24.93

E. C. Brown, his part of estate $24.93

Mr. & Mrs. N. W. Young, her part $24.93

H. G. Fox, his part of estate $29.88

Louisa Woodall, her part of estate $29.88

Girtie Boles, her bequest in will $ 5.00

Ozro Boles, his bequest in will $ 5.00

Mrs. Maggie Campbell (ne` Boles), her bequest in will $5.00.

H. L. [?or G.] Fox, balance in full his pro rata share $7.13

Louisa Woodall, balance in full her pro rata share $7.13


[NEW] GAILBREATH, W. M. et al vs LAWSON, WM et al Chancery 1887

BILL OF COMPLAINT: W. M. Gailbreath and M. G. Butler, John S. Quarles and J. W. Stafford of Jackson Co. against William Lawson of parts unknown to Orator, Lizzie Lawson, Frank Cooper, Mary J. Carter and James T. Anderson.

Orators became security on note for Wm Lawson to R. A. Cox, note transferred to James T. Anderson who on 24 Jan 1887 recovered payment against Orator.

15 January 1884, said Lawson being insolvent, contracted his land in Dist. 11, Jackson Co. to Frank Cooper on Peytons branch of Flynn's Creek... bounded by Charles Meaders 100 acre tract... between Wm Lawson and J. M. C. Carter... to what is known as McCommack line, now J. R. Spurlock's line... to ridge road... east corner of Mat Wolf tract... to conditional line made by Wm Lawson and Geo W. Brown... being 75 acres more or less, including the entire John Daws tract.

Wm Lawson and his wife Lizzie, by direction of said Frank Cooper, executed a deed to Mary J. Carter. Believe gross fraud to hinder creditors... 25 Jan 1887.


[NEW] GAILBREATH. W. M., Guardian of SHIRLEY, WILLIE County 1900

SETTLEMENT: 11 September 1900. Willie Shirley, minor heir of John W. Shirley. Last settlement made June 30, 1899, recorded Guardian's Book B page 428.

Settlement Book B, page 437, W. M. Gailbreath as guardian of Willie and Berry Shirley minor heirs of John W. Shirley. [Itemizes tuition, books, goods - mlj].

STATEMENT OF ACCOUNT: To Willie Shirley from H. G. Holleman, Admr of A. A. Ferrell, M. D., deceased, for services rendered during his lifetime to William Shirley.

Medical Visits of $11 each July 13, '01, July 15, '01, March 18, '02, ?May/July '02. Dated 25 September 1905, marked "OK W. N. Shirley"

FINAL GUARDIAN SETTLEMENT FILMED: June 30, 1908.


[NEW] GAILBREATH, W. M. vs WILSON, LON et al Chancery 1909

[NOTE: Ellen Draper estate settlement case - see Gailbreath vs ... mlj].

BILL OF COMPLAINT: W. M. Gailbreath, Administrator against Lon Wilson & wife Lena Wilson, Albert Sisco and J. W. Sisco and Ed Poteet, all of Jackson Co. Ellen Draper died intestate about one month ago. Lon Wilson seized and detained the following: 12 head of hogs, 7 head of sheep, cow, corn, 15 hens, household and kitchen furniture. 21 December 1909.


[NEW] GAINES, HUSTON vs GAINES, SEPHUS Circuit 1889

DEPOSITIONS: G. B. Murray, N. B. Young, T. M. Gailbreath, all occupations practicing attorney [Testimony regarding fee due M. G. Butler in sale of lands - mlj].

CLERK & MASTER OF COURT REPORT: Smith Gaines has died, G. J. Jenkins is his administrator.

Settlement with W. H. Whitaker, guardian of S. B. Gaines, C. W. Gaines, E. T. Gaines, Mary L. Gaines, T. C. Gaines and E. D. Gaines, minor heirs of E. C. Gaines, deceased. Guardian Settlement 25 May, 1893, Book B, page 209.

CAUSE HEARD 9 November 1889: Houston Gains against Sephus Gains, William Gains, Delia Gains, Verna Gains, Taylor Gains, Creighton Gains, Daisy Gains, Etta Gains and Wash Whitaker and Smith Gains. Publication in "Cookville Press", published at Cookville, Tennessee on four consecutive weeks. Smith Gains, a non resident of Tennessee to appear. All defendants failed to appear, allegations in said bill are true... land owned by E. C. Gaines at death... to be sold. Complainants and defendants except Whitacre are his only children and heirs.

REPORT: A. G. Keith. Am one of the administrators of E. C. Gaines, deceased. Land not susceptible to partition, is in two different counties, ten heirs. Do not think Homestead land would bring much. The lower place where Brock Jenkins now lives I think is worth about $650, the Nash place about $125. Land in Clay Co. worth about $100. [No signature at bottom].

REPORT OF SALE: Land sold 3 March 1890 for $860 to G. J. Jenkins on the north fork of Jennings Creek on the south bank... lower corner of A. G. Keith, being 196 acres. Down payment and securities on notes were A. G. Keith and George Brotherton.

Also the home tract, covered by title papers of Gore heirs adjoining A. G. Keith land, Hyram Crabtree land and perhaps others. George Brotherton became purchaser at $730, down payment and notes with G. J. Jenkins and A. G. Keith securities.

Also the Nash tract, A. G. Keith being highest bidder at $210, down payment with George Brotherton & G. J. Jenkins securities on notes. Total 55 acres.

BILL OF COMPLAINT: Houston Gaines against Sephus Gaines, William Gaines, Delia Gaines, Verna Gaines, Taylor Gaines, Creighton Gaines, Daisy Gaines, Etta Gaines and Smith Gaines and Wash Whitaker as guardian for minor children Verna, Taylor, Crayton, Etta and Daisy. E. C. Gaines departed life intestate [blank] March 1884, owning land:

Tract #1, Dist. 13 on Jennings Creek bounded by land of A. G. Keith, heirs of Mounce Gore, deceased, Hiram Crabtree Sr., P. S. Tinsley and perhaps others.

Tract #2, Clay Co. on headwaters of little Trace creek adjoining land of Sam Likens the lands formerly belonging to Ellis Jenkins and the lands of [blank] Von and perhaps others, being 100 acres more or less.

Homestead has been laid off and assigned to minors in the 1st Tract. 4 September 1889. s/s H. Gainus

BILL OF COMPLAINT: S. G. Gaines and A. G. Gaines, Administrators of E. C. Gaines, deceased against

Houston Gaines

Delia Scisco and husband Wm Scisco

Wm Gaines

Sephus Gaines

Taylor Gaines

Verna Forkum and husband Chick Forkum

Creighton McCall and husband [blank] McCall

Etta Wilson and husband [blank] Wilson

Daisey Gaines, minor and W. H. Whitaker her guardian

All of Jackson Co. except McCall and wife of Smith Co.

Land has been sold, money in the hands of Clay Reeves, Clerk & Special Commissioner. Heirs seeking distribution and will do so unless restrained. All are insolvent, personal assets of estate exhausted, still unpaid debt, namely Benton McMillan, special receiver in Martha Stone cases... asks some of land funds be held to cover this. 17 Nov 1893.

SETTLEMENT: 30 October 1895 [Other settlements, spanning several years]:

1. Houston Gaines

2. Delia Sisco [No husband listed].

3. Sephus Gaines

4. Taylor Gaines

5. Verna Forkum and husband Chick Forkum

6. Etta Wilson & husband Sherman Wilson

7. Daisey Gaines [W. H. Whitaker guardian].

8. Creighton McCall and husband Wm McCall.

DEPOSITION: Riley Hudson, age 48; G. W. Birdwell, J. D. Kenneddy; all stated Jackson Co. land worth about $1700, if not for homestead of minor heirs.

PETITION: W. H. Whitaker, Guardian of Smith Gaines, Cephas W. Gaines, E. ?G. Gaines, Mary L. Gaines, ?T. C. Gaines, M. E. Gaines & E. D. Gaines against A. Galey Keith, Samson J. Gaines, admr of E. C. Gaines, deceased and Hue Gaines, Wm Gaines and Delia Gaines. E. C. Gaines departed life March 1885 intestate and left your Orators' wards and Hue Gaines, Wm Gaines and Delia Gaines, the defendants, his only children and heirs. Wards are entitled to Homestead. 3 August 1885.

PETITION: W. H. Whitaker, guardian of Smith B. Gaines, Cephas W. Gaines, E. T. Gaines, Mary L. Gaines, ?T. C. Gaines, M. E. Gaines and E. D. Gaines against A. G. Keith and Samson J. Gaines as Administrator and Hue Gaines, Wm Gaines and Delia Gaines his children and heirs at law who have arrived at majority. E. C. Gaines departed life about 1st March 1885... left his wards and Hue, Wm and Delia his only children.


[NEW] GAINES, MARTHA C. vs GAINES, JOSEPH & others Chancery 1884

BILL OF COMPLAINT: Martha C. Gaines against Joseph Gaines and Newton Gaines. She and defendant Joseph Gaines were married in Macon Co., TN 12 Feby 1882. Happy for some time, he became cruel and inhuman treatment. Complainant is feeble... not able. Last week he went off with his brother Newton one evening and returned the next day. Complainant went to see her sick sister, did not return home as soon as she intended, he came and got their child a girl named Burnetta age one year and nine months, saying to Complainant she need not come to his house any more that he was going to take the child to his brother Newton's house. She learned from a boy Ben Dayley where he said he was going to take the child. Own land north side of Cumberland River, Dist. 13, bounded by Lewis Hix, Draper heirs and others, about 50 acres. [Also lists personal property - mlj]. Asks custody of child, states defendant Joseph Newton has for a long time been afflicted with spells or fits... unsafe for him to have custody.

Martha C. Gaines makes oath... true. Martha C. [her X mark] Gaines


[NEW] GAINES, MARTIN W., Admr of RAY, DAVID County 1874

SHERIFF'S ORDER: Seize goods of David Ray if to be found. 28 June 1872.

AFFIDAVIT: John W. Pryor states the account against the Estate of David Ray from his book is correct... Estate of David Ray up to 28 May 1871. Dated 30 September 1871. s/s John W. Pryor

INVENTORY & SALE OF PERSONAL PROPERTY, David Ray, deceased, 17 June 1872 [Detailed four pages of items sold, most purchased several items - mlj].

Milly Jenkins purchased Bible and hymn book for 15 cents, many other items. Other purchasers: Lucy Ray, Rebecy McCall, William Moton, Dick Forkum, Sousan Ray, Jane Craighead, Joseph Ray, George Ray, James West, Paton Hicks, Burr Jenkins, Benjamin Birdwell, John Halkum, Murphy Craighead, M. W. Gaines, Sampson Gaines, Lucy Ray, Fenton Hicks, Gideon Long, William Spivey, Joel Forkum, William Kinner, A. P. Terry, James McCall, Wm H. Jenkins. Total value $204.23.

ADMINISTRATOR APPOINTED: M. W. Gaines appointed administrator June term 1871, gave bond. Murph Craighead and James McCall were securities. Court house burned 14 August 1872, records destroyed.

SETTLEMENT: 1st Monday in September 1877, James G. McCall, guardian to Hiram Taylor, minor heir. Marshel W. Gaines, Admr of David Ray, deceased.


[NEW] GAINES, MICCA O. vs GAINES, C. HADDON Chancery 1912

Married in Jackson Co. 11 September 1911. Next morning defendant left her and went to his father's home in Sumner Co. Soon after, her mother went to the Infirmary in Nashville for medical treatment. Complainant visited her there. She paid defendant's railroad fare from his father's in Gallatin to Nashville, and went back to Gallatin with him. Complainant went to Nashville, then to her mother's at Jackson Co. where she has remained since. Defendant visited her at her mother's in November 1911, stayed about a week. He said he had nothing to support her on and went back to his father's in Sumner Co. Defendant is strong, able bodied, she believes he could earn a living. Defendant's mother is a widow, in bad health. Defendant teaches school in the Fall of the year and rest ot time lives at her mother's. She has been a resident citizen of Tennessee all her life. Asks her maiden name Micca Draper be restored. [blank] September 1912.


[NEW] GARRISON, ELIZABETH vs GARRISON, HENRY Chancery 1869

BILL OF COMPLAINT: Elizabeth Garrison against Henry Garrison. Married 1827 in Rhea Co., Tennessee. The older he got the worse he got - recent blow on head with an iron shovel... considerable scar... abusive language, recently abandoned her after they raised a considerable family, married 31 - 32 years. She hesitated to leave before because of the children. He agreed to make a divide of property. Has 275 acres on Blackburn's fork of Roaring River adjoining land of James Night, James Stutts, Matthew Kuykendall, Nancy Night and others where Oratrix now lives. [Lists personal property - mlj]. Has in her family their youngest son and a daughter "(who has been like unfortunate with herself)" and who has several small children. She needs all the property on hand to subsist... will be hard run... 18 February 1869. Elizabeth [X] Garrison

SUMMONS: Sheriff to order Henry Garrison to appear 1st Monday in February 1869.


[NEW] GARRISON, FRANCES vs GARRISON, SAMUEL H. Chancery 1868

[NOTE: This first document was filed with the Elizabeth Garrison vs Henry Garrison case, likely in error - mlj]: Frances Garrison vs Samuel H. Garrison. Process served, returned by Sheriff "not to be found in my County", failed to appear, decreed by Court that allegations correct.

BILL OF COMPLAINT: Frances Garrison against Samuel H. Garrison. Married in Jackson Co. 10 - 11 years ago, have five children, three boys and two girls, oldest about age ten. Defendant has been beating and whipping her on diverse occasions. Abandoned her six weeks ago... habit of getting drunk, beat her drunk or sober, adultery with lewd women. [Lists personal property - mlj]. Asks custody of children, maiden name of Frances Finn be restored. 6 January 1869. Frances [her X mark] Garrison


[NEW] GARRISON, J. L. et al vs NIGHT, WILEY A. Chancery 1891

ANSWER: Defendant Willie A. Knight states allegations are untrue.

BILL OF COMPLAINT: John L. Garrison and John A. Clinton against Willie A. Night, Sidney S. Night, Thom A. Smith and wife Nancy P. Smith and Joseph L. Harris of Jackson Co. and James Harris and Simpson Night of Missouri.

Orators represent they and defendants Thomas Smith and wife Nancy P. Smith, Joseph L. Harris, James Harris, and Simpson Night are joint owners of a tract of about 200 acres in Dist. 10, Jackson Co., waters of Blackburn's fork of Roaring River adjacent land of Joseph Been, James Night, Leroy ?Dinis and others. Defendant Thomas Smith and wife Nancy P. Smith conveyed same to your Orator John L. Garrison by deed 1 December 1884... fee simple title. John L. Garrison paid full consideration and went into open adverse possession four years ago.

Willie A. Night and Sidney S. Night on [blank] 1888 filed a petition to sell said land... belonged to heirs of Mary Harris... Dated 16 August 1888. s/s John P. Murray, Solr s/s John L. Garrison, J. A. Clinton

DEED: We, Thomas Smith and wife Nancy Smith of Putnam Co. bargained and sold to J. A. Clinton... consideration of $40 [land description washed out]. Dated 2 Sept 1888. Thomas [his X] Smith, Nancy [her X] Sadler Wits: s/s John L. Garrison, John L. Sadler

DEED: We, Thomas Smith and wife Nancy P. Smith sold to John L. Garrison, consideration of $90, thirty acres of our undivided interest in tract on Blackburn's fork Creek, 10th Civil District, Jackson Co., Tennessee, known as "home tract of Wiley Knight deceast of which we heir one forth intest [sic] in said land of which we sell to said John L. Garrison thirty acres of an interest in said Estate"... eastward to John Clinton line, southwards to Henry Garson's [sic] line... 225 acres "be the same more or less of which we heir one forth and of our part we herby convey to John L. Garson his heirs and assigns...to be Surveyed to him by agreement with him and the other heirs so as to suit all parties or by court order" 18 Dec 1884. Thomas [X] Smith, Nancy P. [X] Smith Witnesses: s/s S. H. Paul, S. R. Bean


[NEW] GARRISON, LUCY vs GARRISON, J. L. Chancery 1878

ATTACHMENT ORDER: Lucy Garrison has filed bill this date for divorce against J. L. Garrison. [Lists personal property]. To appear 4th Monday in September next.

SECURITY BOND: John L. Garrison and W. Lafayette Garrison, sum of $54 to Lucy Garrison for release of sorrel mare, [two other items] attached pending bill for divorce. 10 May 1878. s/s J. L. Garrison, W. L. Garrison

BILL OF COMPLAINT: Lucy Garrison states they were married [blank] 18[blank] in Jackson Co. Happy some time... defendant became oppressive, beating, abusing... on [blank] at their dwelling house struck her with a chair... unsafe. Four children: Cora Bell, Ed, Ida B. and Dank W. Asks custody, maiden name restored [not given]. 30 Aril 1878.

1880 USA Sistler's printed Census Index lists on page 219, Jackson Co.: GARRISON, John L. 38, Lucy 34, Cora B. 11, Edmon 7, Ida B. 5, Dank 7, Hop 3/12.


[NEW] GARRISON, MONT et al VS BULLINGTON, SETTIE et al Chan 1909-1910

PRO-RATA DISTRIBUTION 6 October 1911: Fred Garrison, Administrator of Bettie Garrison. Net funds for distribution among eleven heirs of $475.94; each share being $43.27 as follows:

Settie Bullington

Luther Garrison

Lex Garrison

David Allen as guardian due to him as guardian of Ava, deceased.

Susie Birdwell

Fred Garrison

Lee Garrison

Mont Garrison

Cora Anderson

Lizzie Chaffin

Addison Garrison

 

SALE OF PERSONAL EFFECTS of Betty Garrison, deceased, at her residence on Blackburn's Fork 30 April 1909 [Assets included notes on various individuals. Nothing indicating who may have purchased the Family Bible - mlj].

EXPENSES [Partial list- mlj]:

Dr. L. D. J. Enser, 3 March 1909, medical services for deceased.

W. W. Draper, legal advice for Admr 3 April 1909

Hiram Pharris, Tomb stone 12 October 1910

AFFIDAVIT: Luther Garrison says he fully paid the note executed to his mother dated 10 March 1899 for $20. 3 May 1909. s/s Luther Garrison

We, the children and heirs of Bettie Garrison agree [with Luther Garrison affidavit]:

Lex Garrison, Mont Garrison, Paul Chaffin, F. M. Birdwell, Davis Allen, guardian of Leonard & Gillie Allen, Mont Garrison, guardian for Adson Garrison, Marion Bullington, Sittie Bullington, T. H. Anderson, C. A. Anderson, Lizzie Chaffin. 3 May 1909.

GUARDIAN'S SETTLEMENT: 22 May 1911, Mont Garrison, guardian of Addison Garrison, the minor heir of Bettie Garrison, deceased.

BILL OF COMPLAINT: Mont Garrison in his own right and as guardian of Addison Garrison of Jackson Co, TN. and Lee Garrison who at present resides in the State of California against

Settie Bullington and husband Marion Bullington, Leonard Allen, Gilie Allen, Davis Allen, Susie Birdwell and her husband Fred Birdwell, Cora Anderson and her husband Hilman Anderson, Fred Garrison, Lizzie Chaffin and her husband Paul Chaffin and

Addison Garrison, all of Jackson Co., defendants.

M. A.Garrison died intestate October 1892 seized and possessed of land in Jackson Co:

Tract 1, Dist. 10, Blackburn's fork of Roaring River bounded by Sam Sliger, Mac Sliger, Betsy Mayberry, the Ballard lands, Wm Hensley, C. D. Anderson and perhaps others, about 200 acres, being the farm where M. A. Garrison lived at his death and where his widow Bettie Garrison lived at her death.

Tract 2, same County and District, [blank] acres bounded by J. H. Cummins, Dow Burgess, Hilman Anderson & Joseph Holloway being the same granted by the State of Tennessee to M. A. Garrison in his lifetime.

Said M. A. Garrison left surviving him his widow Bettie Garrison and eleven children:

Settie married Marion Bullington,

Luther Garrison,

Lex Garrison,

Lee Garrison,

Avia married Davis Allen,

Susie married Fred Birdwell,

Fred Garrison,

Complainant Mont Garrison,

Cora a daughter married Hilaman Anderson,

Lizzie married Paul Chaffin and

Addison Garrison.

After his death, the widow Bettie Garrison lived on the land without having homestead and dower assigned. Her death occurred 18 March 1909. Addison Garrison, a minor, is now about 17 years of age, and lived with his mother until her death, is entitled to homestead value of $1000 until he is 21.

Luther Garrison sold his interest to W. M. Hensley, who in turn sold to defendant Fred Garrison. Luther is not a party to this suit.

Lex Garrison sold his interest to Hilman Anderson. Lex is not made a party to suit.

Avia Garrison intermarried with Davis Allen. She died five or six years ago and left surviving two minor children, Leonard and Gillie Allen. Said Davis Allen is guardian.

CLERK & MASTER'S REPORT: Lizzie Chaffin's homestead right expires 24 December 1910. Addison Garrison's homestead right expires in June 1913.

There are eleven shares [Numbering is mine - mlj]:

[1] Settie Garrison, a daughter married Marion Bullington.

[2] Ava Garrison, a daughter now deceased, married David Allen. Their children are Leonard and Gilley, one share jointly or 1/22 each.

[3] Susie Garrison, a daughter, married Fred Birdwell.

[4] Fred Garrison a son 1/11 and purchased from:

[5] Lee Garrison, a son.

[6] Luther Garrison, a son.

[7] Mont Garrison, a son.

[7] Luther Garrison, a son.

[8] Cora, a daughter, married Hillman Anderson.

[9] Lex Garrison, a son, sold his share to Hillman Anderson.

[10] Lizzie Garrison, a daughter, married Paul Chaffin.

[11] Addison Garrison, a son.

September Term 1909

DEPOSITION: Mont Garrison, age 25. Both tracts 200 acres or more [Plat map in file - mlj - ]. Lizzie Chaffin will be age 21 on 24 Decr 1910. Addison will be 21 in June 1913. s/s Mont Garrison


[NEW] GARRISON, NANCY K. vs GARRISON, R. W. Chancery 1875

CAUSE HEARD 26 May 1875: Nancy K. Garrison and R. W. Garrison were married in Jackson Co., Tennessee 4 Feby 1873. Defendant guilty cruel and inhuman treatment... [Lists personal property attached including livestock - mlj]. Complainant had a separate interest in a small tract of land, rental value $4 or $5 per annum. All property is settled upon her subject to lien of her Solicitors, Butler & DeWitt, restores to status of single woman [maiden name not given].

BILL OF COMPLAINT of Nancy K. Garrison. Married Robert W. Garrison 4 February 1873... struck, choked. The mother of defendant who lived in the same house kept hollowing at defendant not to strike Complainant and he did not strike... then he went off but came back at night... said that he would neither live with Complainant nor support her. She left, went to her mother's, but returned the same evening... a sister of defendant came in and started fighting her. Complainant went in the yard, and the said sister threw rocks and chunks at her... husband kept hollowing "Give it to her, give her hell" until her brother and one Buck Bean heard her screams and came to her assistance.

They have no living children. She has an undivided interest in small but poor tract of land where her mother now resides... Prays Robert W. Garrison be made defendant... process issue. 13 March 1875. s/s Nancy K. Garrison


[NEW] GATES, JOHN N. vs HOLMES, BENJAMIN, et al Chancery 1842

ANSWER: Mary Holmes to Bill of Complaint of John N. Gates against Samuel B. M. Fowler and Benjamin D. Holmes and this Respondent, his wife, defendants.

Respondent is wife of co-defendant Benjamin D. Holmes. She has no title in lands which her husband sold to Complainant. She signed at request of Complainant to bar her supposed right of dower, asks to be dismissed. 28 April 1843, Jackson Co., Tennessee. Mary [her X mark] Holmes; s/s Quarles, Sol; s/s Denton Plumlee, J.P. for Jackson Co.

BILL OF COMPLAINT: John N. Gates of Jackson Co. against Samuel B. M. Fowler of Jackson Co. and Benjamin D. Holmes and wife Mary Holmes of Illinois, the county not known.

The latter part of 1839 or early 1840 Gates purchased from Holmes and wife about 200 acres for $1000, $100 of which has been paid. Holmes has refused to issue title. Judgment was recovered on him... levied upon a slave and valuable property worth $2000 - $3000. Judgment is unjust and ought not be enforced... was induced to purchase the land... had been rented out by Holmes for a period of five years to one Eleazer Smith at the time he bought it... it was expressly agreed Orator would have said five years to pay balance. Defendant Fowler bought the note given by Orator after it fell due. 1 December 1842. s/s John N. Gates

ANSWER: Benjamin D. Holmes. It is true 7 March 1840 Complainant purchased land. Complainant paid $20 and executed note for $80, which has been paid. Note for balance of purchase price was assigned to Samuel B. M. Fowler for the purpose of authorizing said Fowler to collect same for Respondent who is a resident of Illinois. He is willing to make Complainant a title when balance is paid... that Complainant has a bond for title, as he requested. s/s Quarles, Sol.

PROSECUTION BOND: John N. Gates, Principal and Erwin F. Langford, Zadock Mayfield, Merlin Young and Jackson & Joseph Eaton as Security, to Benjamin D. Holmes for the use of S. B. M. Fowler, $2000, this 23 December 1842.


[NEW] GATES, JOHN vs WILSON, SAMUEL T. Chancery 1856

ANSWER: Samuel T. Wilson to Bill of Complaint. Defendant resides in Green Co., KY. Many falsehoods in said Bill...

He is a son of Saml Wilson, deceased, and as such was entitled to one child's part of a tract on Cumberland River, which share was sold to Complainant while Respondent was yet a minor, and Complainant executed to Respondent his promissory note... renewed from time to time until 25 August 1843 when complainant executed the last note amounting with interest to $415 due April 1844. Respondent was then 21 years old. $271.81 has been paid. Trial held, court rendered judgment for Respondent for $295.48.

BILL OF COMPLAINT: John Gates against Samuel T. Wilson. Said Wilson held an interest in common with the minor heirs of Samuel Wilson, deceased, certain tract of land in Jackson Co. Said Samuel T. Wilson after having gotten guardian appointed for himself and said other minors sold his interest to Complainant. Saml T. Wilson sued on note. Dated 6 Feby 1856. s/s J. ?S. Gates

[NOTE: No other children of Saml Wilson deceased named in this case - mlj].


[NEW] GAW, ARMEL, Admr of GAW, ELIAS, Deceased County 1897

AFFIDAVIT: J. V. Minor states $3.00 balance owing him by Elias Gaw, deceased remains unpaid. s/s J. V. Minor

AFFIDAVIT: In the cause of State of Tennessee vs John Flynn and Armel Gaw, John Flynn makes oath after he was indicted in this case, he employed in connection with his attorney B. A. Butler one Mr. L. ?K. Smith and related circumstances to him... [NOTE: Appears to have involved whether a road had been closed legally. John Flynn was Acting Commissioner of the 15th District, Jackson Co. No relationships given in case. There is much information on Gaw family on another reel, don't recall which - mlj].


[NEW] GAW, ELIAS vs MORGAN, J. M. Circuit 1883

Defendant says plaintiff was not seized and possessed of land on 1 Jany 1881. Defendant did not evict Plaintiff on 1 March 1881. [Involved property line dispute, no relationships given - mlj].


[NEW] GAW, NANCY vs GAW, JOHN et al Chancery 1855

BILL OF COMPLAINT: Nancy Gaw against John Gaw and Mounce Gore. She and John Gaw were married about 28 years ago. Treatment to her has never been kind, is growing worse... believes he is trying to force her to abandon him and her children of which she had five girls with him and one boy, the oldest a girl 17 years and the youngest a girl about age nine. He has abused... beaten her... until compelled to take her bed... confined about a week on account of it. For the past two years, he has kept orator and her children impoverished. Has a tract of land about 96 [or 76?] acres on the waters of Harpers Creek in Jackson Co. adjoining Washington Whitaker on east, Thomas Gaws on the north, Hiram Jackson on the west.

Also a tract of 199 acres adjacent Ben Smith, Thomas ?Gaws, Campbell Poston and Mounce Gore, the last tract purchased from defendant Mounce Gore, and purchase money is due for same. [Lists personal property - mlj]. 6 Aug 1855. Nancy [X] Gaw


[NEW] GEARHART, ANN vs GEARHEART, WILLIAM, Admr. Chancery 1856

BILL OF COMPLAINT: Ann Gearheart against William Gearheart, Administrator of Valentine Gearheart, deceased. Orator is a widow woman and was prior to the death of Valentine Gearheart. That she lived with him and he managed her affairs, that she constituted him her Trustee. The said Valentine was her son. She loaned him funds but took no notes... believes recorded in a book in the possession of William Gearheart, Admr of Valentine Gearheart.

ANSWER: William Gearheart does have the Black Book, no grounds to disbelieve. [No date except that on file folder - mlj]. s/s William Gearheart


[NEW] GEE, AMERICA (col.) vs GEE, ANDY (col.) Chancery 1899

BILL OF COMPLAINT: Married in Jackson Co., TN 1888, together until March 1898. Defendant's conduct cruel and inhumane... Complainant left defendant.

Defendant was convicted of purjury [sic] in 1894 or 1895, his name became infamous. Have one boy child ?Merthe Gee, about age seven years. Defendant is dissipated, drinks liquor, not suitable parent, asks custody. Asks name restored to maiden name America Howard.


[NEW] GENTRY, DERINDA vs GENTRY, THOS G. Chancery 1876

BILL OF COMPLAINT: D. C. Gentry against Thomas Gentry, both of Jackson Co. Married April 1874 in Jackson Co. Much woe and misery, cruel, inhuman. She owned personal property including livestock which she brought to their marriage, he used as his own. He owns land Dist. 9 Blackburn's fork of Roaring River bounded by lands of Robert N. Allen and Riley Gentry. [Lists personal property]. Defendant drinks to excess. They have no children. Defendant's children by a former wife are all about grown. He at times ill treats them. Orator as the widow of Levi Mainard before her marriage had a comfortable little homestead; as the widow she could have occupied until her death... he persuaded her to marry him. She consented for it to be sold to pay her first husband's debts, but she never would have done so if not for defendant's promises. 7 October 1876. D. C. [her X mark] Gentry.

BILL OF COMPLAINT: Thomas Gentry against Dorinda Gentry, filed 25 August 1879. Married 1 March 1874 in Jackson Co., happy until 5 October or November 1876, defendant Derinda abandoned him.


[NEW] GENTRY, N. G. vs SLIGER, SAM Circuit 1903

BILL OF COMPLAINT: Samuel Sliger of Jackson Co. against U. F. Gentry, T. G. Gentry, Noah Gentry, Silas Gentry and Simon Gentry of Jackson Co. Complainant states U. F. Gentry is indebted to him. Defendants U. F., Noah, Simon and Silas Gentry are sons of T. G. Gentry and are hopelessly insolvent. T. G. Gentry owns considerable real estate in Jackson Co., 9th District, bounded north by Allen, south by Gentry, east by Harris and west by Loftis... 340 acres. Complainant has delayed collecting... importunities and promises of defendant T. G. Gentry and his sons Urah, Simon and Silas Gentry. 7 March 1896.

DEPOSITIONS to be taken at residence of N. G. Gentry in Ozark Co., Missouri of Marion Loftis, Josephine Loftis, Henry Harley, Breston Harley, George Loftis, Jim Harley, P. C. Gentry beginning 30 June 1903 until completed.

PETITION: Sam Sliger states he had no notice depositions would be taken, and is 750 - 800 miles from Gainesboro to Romance, Ozark Co., MO where N. G. Gentry lives. Asks they be postponed. Sam [his X mark] Sliger

DEPOSITIONS:

N. G. Gentry [no age given]. I sold my farm in Jackson Co. to Sam Sliger. He was to pay me $450 and pay William and Carey Mayberry about $125, for encumbrance against the land. Received notes on Simon Gentry, four for $25 and one for $120. s/s N. G. Gentry

P. C. Gentry [No age]. I am the wife of N. G. Gentry. P. C. [her X] Gentry

Marion Loftis [No age]. N. G. Gentry and Sam Sliger made settlement at my house January 1903. Myself and my wife were present. s/s Marion Loftis

Josephine Loftis [No age]. I am the wife of Marion Loftis. s/s Josephine Loftis

George Loftis [Nothing new, no relationship given]. s/s George Loftis

Breston Harley [No age]. I know Sam Sliger. He came to me at Jim Harley's sometime in January 1903 and said he had settled with N. G. Gentry at Marion Loftis. s/s

H. L. Harley [No age]. Said Sam Sliger had told him he had settled with N. G. Gentry. s/s H. L. Harley

DEPOSITIONS: [Doesn't say, but probably taken in Jackson Co. No date - mlj].

Filmore Loftis [No age]. N. G. Gentry and my wife are ?own cousins. s/s M. F. Loftis

G. R. Loftis [No age]. At the time Sam Sliger and Noah Gentry left Jackson Co. going to Missouri in 1902, Sam Sliger owed me for feeding his Jacks [male mules] five weeks at $1.00 per week. Sold the debt to Parasetta Gentry, Noah's wife. He stayed at Noah and P. C. Gentry's before he left. G. R. [his X mark] Loftis

Willie Loftis [No age]. Before last December, I lived in Missouri. Knew Sam Sliger and Noah Gentry in Missouri. I have been married. My wife is not living. s/s Wm. E. Loftis

Mac Medders [Spelled McMedders here - mlj]. I lived about one mile of Sam Sliger 25-30 years. Think I partly discredited Sam Sliger in a suit between him and ?Duck Montgomery.

Question: Are you the same Meddows who stole a lot of brandy from Isaac Pippin and buried it or hid it in Labon Pippin's barn?

Answer: No, Sir. Never heard it.

Question: Are you the same McMeddows who took a keg of brandy off down the creek that belonged to Isaac Pippin... claimed you found it.

Answer: No...

Question: Do you remember that Isaac Pippin had a shooting scrape with Revenue Officers a few years or year or two ago?

Answer: Yes, sir.

Question: Did you get any of the brandy?

Answer: I got a few drams along while they were making it. Didn't get any the shooting scrape was about. I was with two boys part of the time when the brandy was hauled off. s/s M. [?Init.] Medders

Job Medders [No age]. I am a son of Mack Medders. Job [his X mark] Medders

M. A. Gentry [No age]. Lived a little over one-fourth mile from Noah before he moved from Tennessee to Missouri. They moved 10 September. Gentry made a crop after he sold to Sam. It was along in February or March when he sold. M. A. [his X] Gentry

J. L. Motin [No age]. I live in Missouri. When Sam Sliger was in Mo, I lived about 1/2 mile from him and 1 1/2 - 1 3/4 mile from Gentry. During the time Sam was in Missouri, he stayed at Jim Harley's. s/s J. L. Motin

A. J. Harley. Will be 50 years old January 22, 1904. s/s A. J. Harley

Lex Garrison. P. C. Gentry is of lewd character, lies. s/s Lex Garrison

C. D. Anderson. Sam Sliger's character good, N. G. Gentry bad. s/s C. D. Anderson

DEPOSITIONS 23 January 1904:

Minerva Loftis. I am the wife of James Loftis.

Effie Loftis. I am a daughter of James Loftis.


[NEW] GENTRY, NOAH, et al vs LOFTIS, W. A. & LOFTIS vs GENTRY Chan 1888

DEPOSITIONS 28 August 1896, office of G. B. Murray, Jackson Co., Tennessee. [Note: Handwriting on many of the signatures look the same, may have been signed by N. B. Young, J.P., who attested most - mlj].

James Presley, about age 60. Live near Tally's old field in Jackson Co., am a farmer. Know parties. Lived on land in litigation as a tenant of W. A. Loftis in 1886. Loftis claimed he got the land from John M. Burris Sr. heirs. James [X] Presley

Perry Williams, [age not clear; could be 26 or 28 - mlj]. Live in the 9th District, Morrison's Creek, am a farmer. After Jim Presley left, I lived there in the summer and fall as a tenant of W. A. Loftis. But for the timber, the land would be almost worthless. s/s Perry Williams

Harrison Ramsey age 36, 9th Dist., farmer. I moved on the land about six years ago this fall. Just before I went there, my best recollection is Mr. Scott Gordon lived there for about three years as Asberry Loftis' tenant. Frank Brown after me, then Mag Wolf, maybe 3 - 5 months, then Noah Gentry. Then I think Russel Kinnaird - think he was there under Asbury Loftis, then Marion Jones about a year then John Prior [Pryor] about a year and I moved there after he left. s/s W. H. Ramsey

P. K. Maberry, age about 38, 9th District, farmer. Those living on the land in succession were William Anderson, Perry Williams, Scott Gordon, Harrison Ramsey, Margaret Wolf, don't know after her. All were tenants of Asberry Loftis. s/s P. K. Maberry

G. R. Loftis [No age]. On 6 March 1886, Noah Gentry was in possession of the 100 acre tract and old man Gipson claimed 50 acres. Noah Gentry gained the 100 acres in a court case between him and W. A. Loftis.

Believe W. A. Loftis purchased the 50 acre tract from Andy Johnson after the death of Kirk Gipson. I think L. M. Gipson died 1886 or 1887.

Question: Don't you know that W. A. Loftis bought and took a deed from W. S. Burris, Eliza J. Johnson and Andy Johnson 6 March 1886?

Answer: Well, I thought Gipson was dead when he bought it. If he bought it before, I did not know it. G. R. [his X ] Loftis

Noah Gentry. I am the same as the Noah Gentry in the case of W. A. Loftis vs Noah Gentry tried 22 September 1891. Been in possession of the land 9 - 10 years.

Question: Did W. A. Loftis know at the time he bought the 50 acre tract 6 March 1886 it was claimed by heirs of John M. Gipson?

Answer: I suppose he did. Everybody else in the County then did.

W. F. Gentry [No age, nothing new]. s/s W. F. Gentry

A. H. Johnson. Am the same person who signed and acknowledged a deed along with W. S. Burris and Eliza Johnson 6 March 1886. It was the 50 acre Boling Camp tract. Burris and I signed it the day it was dated and Eliza Johnson signed it the next day, when her signature was acknowledged. s/s A. H. Johnson

W. A. Loftis, age 41, live on Morrison's Creek, 9th Dist., farmer. I am one of the defendants, case of Emily Gipson, et als vs Noah Gipson pending in Chancery. I had a conversation with L. M. Gipson about the land when I was sitting on the porch of the store house where L. M. Gipson was selling goods*. My father John M. Gipson claimed the 100 tract and the 50 acre tract. "I can't find papers sufficient to prove it. If I could, would have sold it long ago. Noah Gentry took possession of the 50 and 100 acre tracts and I brought suit and it was determined in my favor. If Loftis and the Gentry boys sold the 100 tract to Noah Gentry before I bought it, I don't know it. s/s W. A. Loftis

[*] Gentry objected to testimony regarding conversation between Kirk Gipson.

DECREE: Original bill is dismissed, defendants to recover of Complainants W. A. Loftis and J. D. Jaquess

DEPOSITION: Noah Gentry. I purchased the balance of the hundred acre tract from Henderson Gentry and my father Thomas Gentry about four years ago. G. R. Loftis and the Gentry boys owned from their purchase in 1880. W. A. Loftis' land is the 50 acre tract. s/s N. G. Gentry

DEPOSITION: Horatio Jackson. I lived on the 100 acre tract three or four years ago. Rose [his X mark] Jackson

BILL OF COMPLAINT: George W. Gentry by Guardian, T. M. Loftis, against George R. Loftis, all of Jackson Co., Tennessee.

Davis Gentry, father of Complainant George W. Gentry, died intestate 1883 in Jackson Co., leaving mother Tennessee Gentry. [Blank] 1889, Tennessee Gentry died intestate and the interest of Davis Gentry vested in Complainant, his only heir. Shortly before Davis Gentry died, he entered into a verbal contract with Geo R. Loftis and gave Loftis $100 for said land, and Davis Gentry went into immediate possession.

Land in the 9th District, Jackson Co., in the Lick hollow, a tributary of Morrison's Creek... begin Barbary Maberry corner and with her line... 100 acres more or less.

DEPOSITIONS 5 June 1888:

John Harris age 39, live Jackson Co., farmer. John [X] Harris

David Johnson age 57, live Jackson Co., farmer. Bought 100 acre and 50 acre tracts from John M. Burris. Grant #7960 from State of Tennessee to John M. Burris dated 1 July 1840. John M. Burris died many years ago. W. S. Burris and Eliza Johnson, wife of Andy Johnson are his children. s/s David Johnson


[NEW] GENTRY, THOMAS vs GENTRY, OLIVE Circuit 1880

CAUSE HEARD: 4 May 1880. Olive B. Gentry is a non resident of Tennessee, publication made in the "Southern Educator", Gainesboro, Tennessee four consecutive weeks, failed to appear, allegations true.

Married in Jackson County 11 July 1865. Olive B. Gentry committed repeated acts of adultery with R. Putty and has eloped and left the country with said Putty. Three children of said marriage, Evaline 10, Nannie R. 7 and Geo. Clay Gentry 5. Defendant not suitable parent... Bonds of matrimony severed.

BILL OF COMPLAINT: Together until 16 January 1880, she abandoned, she and Putty registered as husband and wife at Nashville on the steamer C. W. Anderson. 10 March 1880. Affirm above is true. Thomas [his X mark] Gentry


[NEW] GENTRY, W. L., Administrator of Gentry, G. W., decd County 1908

SETTLEMENT: 21 February 1895 with F. M. Loftis, guardian of Geo. W. Gentry.

"Amount collected from Sam Sliger his distribution share of Geo. Gentry in the estate of J. M. Loftis, deceased dated Feby 4, 1895. $75.00".

"Amount paid to Mrs. Clarinda Gentry*, being the bal - in hands after paying off the land notes that G. W. Gentry owed another - $2.

Amt paid over to estate by Administrator - $27.00.

[NOTE AT END - mlj]: "In 1907, G. W. Gentry had sold his farm in White's Bend to J. H. Brown on time and taken notes for deferred payments and purchased a farm in 8th District known as L. H. Garrett farm and Gentry executed his notes to Garrett, due before J. H. Brown notes were due. After the death of G. W. Gentry, the Admr W. L. Gentry was compelled to sell the J. H. Brown notes to pay off notes due to Garrett."

* [ This is the only indication of any heir; her relationship to deceased not stated - mlj].


[NEW] GERMAN, SALLIE vs GERMAN, MONROE Chancery 1913

Complainant and defendant were married in Jackson Co. on or about 26 March 1910. 5 May he beat her up and abused... [Lists personal property]. Rented from H. J. Lynch a part of the G. G. Haile's farm where we now live... crops growing.

Complainant has a little girl about age 7 born before she and defendant married.

Asks writs of injunction against further abuse and defendant taking her little daughter. May 5, 1913. s/s Sallie Jearman

BILL OF COMPLAINT: Married on/about 26 March 1910. Have a little girl about age 6. He abuses and beats her and the child unmercifully... adultery with Belle Baldwin. [Lists personal property]. Asks name be changed [maiden name not given]. 20 July 1912. s/s Sallie Jearman

NOTICE: Application for final dissolution will be made 3rd Monday in July 1914.


[NEW] GILLOCK, E. D. et al vs HIX, JOHN W. et al County 1891

AFFIDAVIT: V. M. Clark, states Ruth Chery [sic] owed him $40 at her death, only evidence he has is in account book. For years 1887 and 1888.

STATEMENT OF ACCOUNT: His Brothers - burial furnished. Dated 27 Dec 1888:

5 yards flannel l.75

6 yards bleach .33

6 yards calico .42

1 yard bleach .07

5 yards silk lace .50

5 papers tax [tacks] .25

1 doz coffin screws .30

1 pair brass hinges .10

1 boat coffin [?] .50

2 roles of bating .13 [sic; 2 rolls batting]

$4.35

DEPOSITION: A. M. Hall. I am the Administrator of Ruthy Cherry, deceased. Estate is insolvent. Debtors: E. D. Gillock $121.50; S. B. Fowler $11.00; V. M. Clark $40; Haywood Hufhines $4.00; Alfred Bean $3.30; Clay Hix $4.35; H. W. Rehorn $3.05; Bray & Junkins $2.50.

Julia Hix, Sarah Keeling, [blank] Cherry wife of Pleas Cherry and Jane Cherry are the only heirs of Ruth Cherry that I know of. It is necessary to sell land in order to pay debts. s/s A. M. Hall

ORDER: Cause of A. M. Hall, Admr, V. M. Clark, E. H. Gillock, S. B. Fowler against

John W. Hix and wife Julia Hix, Newton Keeling and wife Sarah Keeling, Pleas Cherry and wife [blank] Cherry, Jane Cherry her guardian J. W. Price, Alfred Bean, Clay Hix, H. W. Rehorn and Haywood Huffines. Title to be taken out of present owners and in purchasers J. W. Hix and W. H. McCain [or McCoin?]. Sale price $115.00.

PETITION: A. M. Hall, Admr, V. M. Clark, E. H. Gillock, S. B. Fowler against

John W. Hix and wife Julia Hix, Newton Keeling and wife Sarah Keeling, Ples Cherry & wife, Jane Cherry, unmarried and of unsound mind and J. W. Price her guardian.

Rutha Cherry departed life [blank] 18[blank]. Owned land in 13th District, bounded by land formerly owned by A. W. Draper on east, Jack and Wm Pointer on north, Wm York on west, John M. Burris and H. H. Hix on south. Estate indebted. Defendants Julia Hix, Sarah Keeling, [blank] Cherry wife of Ples Cherry and Jane Cherry are the only children and heirs. Julia Hix and Jane Cherry have been declared by County court of Jackson County of unsound mind. Defendant James W. Price their guardian.


[NEW] GIPSON, EMILY, Gdn of GIPSON, L. M. heirs & DIXON vs GIPSON 1894

BILL OF COMPLAINT: Emily Gipson against Thomas York and wife Mary Jane York, Lena May Gipson, Robert Gipson, John M. Gipson and Levisa Ann Gipson, all of Jackson Co. Complainant is mother of defendants except Thomas York who on 4 May 1888 intermarried with her oldest living daughter Mary Jane Gipson, the only children and heirs of their father L. M. Gipson now deceased.

The defendants are decendents [sic] of John M. Gipson, deceased. John M. Gipson departed life in Jackson Co. after having made a Last Will & Testament [This is on another reel - mlj].

After the death of L. M. Gipson, defendants became owners of land. Rents of said lands will not maintain, clothe, educate...

Complainant who is poor and hard run financially... left so by instant death of her husband and almost simultaneous death of her oldest daughter.

Said Mary Jane is age 18, Lena May 16, Robert 14, John M. 10, Levisa Ann 8.

CAUSE HEARD: 2 June 1897, J. T. Anderson, Administrator of W. H. Botts, deceased vs Barbary Lynn, Thos Lynn, John W. Lynn, Jane Williams, William Williams, Bedford Lynn, Radford Lynn, Joseph Lynn, Emily Gipson, guardian of minor children Mary J. York, Thos York, Lena May Dixon, Ova Lee Dixon, Robert Gipson, John M. Gipson, Levisa Ann Gipson and H. H. Cason, Admr of S. M. Gipson, deceased, Miles Dixon, general guardian of Ova Lee Dixon.

Sums yet due from estate of L. M. Gipson, deceased, H. H. Cason, Administrator. J. T. Anderson as Administrator of W. H. Botts, deceased, to recover of Cason, Admr of L. M. Gipson...

DEPOSITIONS: All regarding value of property. T. W. Barlowe age 50, Jas W. Lynn 42, Burton Johnson 49. All signed.

DEPOSITION: Emily Gipson. I am the widow of L. M. Gipson and guardian of my children John M. and Levisa Ann and former guardian of Robert Gipson. At the time I agreed to an attorney fee for John P. Murray of $150.00 in the cause of J. T. Anderson vs Thomas Lynn, I did not know Murray represented James Lynn's heirs in said case. [Signed] Emily Gipson

DEPOSITION: M. J. Dixon. My wife was a daughter of Mrs. Gipson and entitled to 1/5... I as husband of Lena May Gipson... s/s M. J. Dixon

REPORT OF SALE: M. J. Dixon as guardian for Purchaser Ova Lee Dixon became the purchaser... vested out of heirs and in her...

BILL OF COMPLAINT: M. J. Dixon, Guardian and next friend of Ova Lee Dixon, a minor, and Ova Lee Dixon, T. J. York and wife Mary J. York against R. V. Brooks, Robert Gipson, John M. Gipson and Livicy Ann Gipson and Emily Gipson, widow of L. M. Gipson, deceased and as general guardian of the three last named defendants.

R. V. Brooks is owner of one-half interest in land. Complainants Ova Lee Dixon and Mary J. York and defendants Robert Gipson, John M. Gipson and Levica Ann Gipson jointly own the remaining undivided interest, 1st District, Gainesboro, Jackson County, Tennessee. Land not suitable for partition, asks that it be sold and proceeds distributed.

SETTLEMENT: [Several pages of settlements with minor children over the years, not typed here].

BILL OF COMPLAINT: Emily Gipson against Mary Jane York and her husband Thomas York, Lena May Dixon and husband M. J. Dixon, Robert Gipson, John M. Gipson and Levica A. Gipson. 15 January 1881, John M. Gipson made Last Will & Testament, probated 7 March 1881, Jackson Co., Tennessee. Devised to wife Eliza F. Gipson in trust for his son Licurgus M. Gipson his farm where he now lives on Roaring River known as the Daniel Johnson place.

Also an undivided one-half interest known as the home farm of the testator. The other undivided one-half interest to wife Eliza F. Gipson during her life and at her death to go to John M. Gipson York, son of Aletha York and if John M. Gipson York died before L. M. Gipson, it to go to L. M. Gipson.

The widow of John M. Gipson, Eliza F., died 1 March 1892.

Licurgus M. died 14 August 1886, left widow Emily Gipson and five children:

Mary Jane born 15 January 1874 married Thomas York.

Lena May born 15 October 1875 married M. J. Dixon.

Robert born 22 August 1878.

John M. born 28 April 1882.

Levisa A. born 5 April 1884.

BILL OF COMPLAINT: Emily Gipson against Thomas York and wife Mary Jane York, Lena May Gipson, Robert Gipson, John M. Gipson and Levisa Ann Gipson, William York, Ellison Loftis and wife Elizabeth Loftis, William Rector and wife Bird Rector and D. K. Fink York.

25 June 1892 she filed her bill of complaint against the children and heirs at law of L. M. Gipson.

7 April 1891, land was assigned by court to Mary Jane York. Mary Jane and her husband sold the land so set aside to Samuel H. York. S. H. York is now dead, died intestate in Jackson Co. October 1892.

Defendants William York, Thomas York, D. K. Fink York, Elizabeth Loftis and Bird Rector are his only children.

Elizabeth Loftis is his Administrator.

Orator charges Mary Jane York was much indebted for education and support, her portion of taxes... between the death of her father L. M. Gipson and her marriage with Thomas York, Asks that deed of sale and transfer of title to Samuel H. York by Mary J. and Thomas York be set aside... fraudulent... lien on land.

RESPONDENT: Emily Gipson in her own right and as guardian of Robt Gipson, John M. Gipson and Levisa Ann Gipson. When she filed her Bill of Review against J. T. Anderson as administrator of W. H. Botts, deceased and in his own right, W. W. Draper, guardian of Agness Kenner Botts, H. A. Crabtree and H. H. Herod, administrator of J. F. Botts, deceased. M. J. Dixon, guardian of Ova Lee Dixon, Thomas York and Mary J. York and M. J. Dixon in his own right, Eugene Ellison & wife Elizabeth Ellison, Lewis McCune & Dona McCune, H. C. Pedigo and wife Eva Lewis Pedigo, Agnes Kenner Botts, John Botts, Barbry Lynn, Thomas Lynn, John Lynn as Administrator of James Lynn and against Thomas Lynn, John Lynn and Barbry Lynn, she was unaware that John P. Murray represented both sides - her and the Lynn heirs. s/s Emily Gipson

[NOTE: 1880 Sistler's printed Jackson Co. Index, p. 208 lists: GIPSON, Lycurgus 42,

Emily 36, Sallie E. 9, Mary J. 6, Lena M. 5, Bob 2, Alce ?P 1/30 - mlj].

END OF REEL #74.

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Jackson County Coordinators
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