Jackson Co., TN Loose District/Chancery Court Papers
Reel #88, Keith - Kittrell, W.
Vol: 1839-1915

Genealogical Abstracts by Bonnie Parker

Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm


NEW: KEITH, WM. H. VS. KEITH, ARTEMINCY.
CHANCERY, 1880.

Depositions taken: 13 March 1880.

DEPOSITION: JOSEPH CAMPBELL.

Age about 40 years.

Quest. . . state whether or not they [complainant and defendant] have been living together as husband and wife in Jackson County?

Ans. They have until they separated about a year ago as well as I recollect.

I don't know [that] she has committed adultery since they separated more than once.

I know she is guilty of making a lewd house and I have known of men going there.

His [complainants] was good as far as I know. I think he was a preacher about the time they separated, and belonged to the church.

Joseph Campbell (his mark).

DEPOSITION: WILLIAM LAWSON.

Aged about 31 years.

They have lived in Jackson County [since I knew them, about 15 years] except about a year they lived in Kentucky.

I don't know whether she keeps a lewd house or not. That is her reputation and there has been some lewd women staying at her house.

Wm. Lawson (his mark).

DEPOSITION: LEONIDAS SMITH.

Aged 35 years.

About the same testimony regarding Mrs. Keith as the two earlier witnesses gave. -bp.

Leonidas Smith (his mark).

DEPOSITION: CULLOM HUFF.

About 29 years.

I married defendant's sister.

She [defendant] is very dangerous when she gets mad at a person and she is hard to get along with.

Cullom Huff (his mark).

DEPOSITION: THOMAS CARTER.

I married one of their girls.

He testifies that he heard her threaten to kill her husband, he saw her on a bed with Daniel Medders, and believes that she keeps a lewd house. -bp.

He [complainant] was gone some last spring as a fruit agent . . .

Thos. Carter (his mark).

DIVORCE BILL.

13 March 1880.

Defendant did not appear, therefore allegations were taken as confirmed.

DECREE.

17 March 1880.

Finds the defendant guilty of adultery.

Divorce granted.

Custody of the infant Tobias Keith, the issue of said marriage, [goes to] complainant.

PETITION OF WILLIAM KEITH.

. . . on [blank] day of 1845 in [Jackson Co. TN] he and defendant married each other . . .


NEW: KELLY, L. C. VS. KELLY, M. R.
CHANCERY, 1889.

PROCEEDING FOR DIVORCE AND ALIMONY.

ORIGINAL BILL AND CROSS BILL.

24 Dec. 1889.

. . . agreed by and between the respective parties that the complainant L. C. Kelly is to never hereafter claim any of the Real or Personal estate of the said M. R. Kelly and she hereby releases any and all claims to any of the estate of the said M. R. Kelly either as alimony or otherwise.

The Bill of Complaint of L. C. Kelly against M. R. Kelly, both of Jackson Co. TN.

24 July 1889.

. . .she and the defendant were married to each other in Jackson County TN on the 17th day of May 1879 as now remembered and had lived quietly and peaceable together for some time when defendant became very cross, cruel and inhuman to your complainant without any cause.

That said defendant after the expiration of one year from the date of said marriage commenced cussing and abusing complainant by striking and beating her with his fist and hand and sometimes kicking her and at other times pulling her hair, and that matters continued, or rather grew worse until about three years ago, when the defendant came home drunk and raised a difficulty with your complainant and struck her in the head with an iron shovel, which caused your complainant a great deal of pain and suffering . . .

. . . that defendant has attempted to take the life of your complainant with his pocketknife. . .placing it to her throat at the same time say[ing] that he intended to kill her.

. . . complainant was forced by the misconduct of defendant to flee for safety and the preservation of her life and body. . .

. . . at the time of this said marriage they were poor and neither of them had any property of any consequence but by their joint exertions they have acquired a little property.

Complainant charges that defendant and complainant owns the following property, to wit: a certain tract or parcel of land lying and being in Jackson County TN and on the waters of Wartrace Creek and bounded as follows, to wit: on the North by the lands [of] Seth Carver, on the South by the lands of Wade Witcher, on the West by the lands of John Bryants and on the East by the lands of John A. Dycus, containing about 50 acres and the same land occupied by complainant and defendant as homestead.

L. C. Kelly (her mark).

THE SEPARATE ANSWER OF M. R. KELLY.

He denies all allegations of cruelty and abuse. -bp.

[He says] complainant has at all times and under almost all sorts of circumstances, of late years, been cruel and abusive to defendant, and has done almost all within her power to make his life miserable. . .

But it is positively untrue that by their joint exertion they have acquired their little property.

Defendant has, by his constant energy, industry, and perseverance, aided by a little pension money from the United States, accumulated the little property that they have . . .

CROSS BILL.

24 Aug. 1889.

Defendant states that the complainant has a very large family connection and with but few exceptions her relatives are a worthless, indolent, shiftless, thriftless set of people with no higher ambition than to live from hand to mouth and [unreadable] off of the labor of others than their own.

Defendant and Cross Complainant charges that said worthless relations of his wife have hung around him for years and through his wife, L. C. Kelly, drawn from him a great deal of the means on which they lived--his unwillingness to submit to such foul imposition was the origin of most of the trouble between him and his wife. From her conduct of late years it seems to have been her purpose to force cross complainant to support her improvident relations whether he was willing or not, notwithstanding he is and has been for many years an invalid himself.

Cross Complainant charges that in his absence L. C. Kelly has, for a long time, been in the habit of giving away his corn and meat and chickens and soap and wheat to her said relatives. . .

. . . Oct. 1888 when she attempted to take the life of Cross Complainant by administering to him poison in a glass of buttermilk . . .she attempted again in Dec. 1888 to poison Cross Complainant by giving the poison in liquor--whiskey. . .

The real property is not yet paid for and what has been paid on the same was paid out of means in Cross Complainant's hands belonging to his children by a former marriage--he was and is their general and natural guardian . . .

Asks for divorce.

M. R. Kelly (his mark).

ANSWER of L. C. Kelly to the Cross Bill.

Denies that her relatives are a worthless, shiftless set of people . . .

The truth of the matter is that he would employ some of the respondent's relatives and then refuse to pay them for their labor. . .

Denies trying to poison him, and all other allegations.

Says the real property is paid for, except a very small amount of $25 or $30, and was not paid for with his children's money, as they had no money.


NEW: KELLY, MARY VS. KELLY, M. R. ET ALS.
CHANCERY, 1897.

THE BILL OF COMPLAINT of Mary Kelley [Kelly], a citizen of Jackson Co. against M. R. Kelley [Kelly], J. H. Bryant and William Williamson, citizens of Jackson Co. TN.

25 May 1897.

. . .she and the defendant M. R. Kelley [Kelly] were married on the 8th day of May 1896, in Jackson Co. TN and in which State they have resided ever since. . .

. . .the defendant M. R. Kelley [Kelly] on the [blank] day of Dec. 1896 attempted to take the life of complainant, with a loaded pistol, that said defendant snapped said pistol in her breast several time and the only thing that saved her life was the pistol failed to fire.

. . . on the 13th day of Feb. 1897 a girl child was born, the fruit of said marriage, that said child has not been normal and complainant desires the exclusive custody of said child . . .

. . . the defendant M. R. Kelley [Kelly] drove your complainant away from their home in the night on the 11th day of May 1897, with said infant. . .

. . . the defendant owned at the time of their separation the following real and personal property, to wit: one tract of land lying and being in the 3rd Civil District of Jackson Co. TN on the waters of Wartrace Creek, and bounded on the West by the lands of James William, on the South by the lands of Wade Witcher and on the North and East by the lands of Seth Carver and known as the home place, and also one other tract lying and being in said 3rd Civil District of Jackson Co. TN, on the waters of Wartrace Creek, known as a part of James Ray, deceased, tract of land and bounded as follows: by the lands of Wade Ray on the East and South, on the West by the lands of Alex Flatt, on the North by the lands of Mary McCarver.

Believes defendant has fraudulently conveyed to J. H. Bryant and Wm. Williamson some of his personal property.

Asks for divorce, alimony and support for their child.

Mary Kelly [her mark].

DECREE.

Macon County, Tennessee

Divorce granted.

It is further ordered, adjudged and decreed that Mary Kelly have for herself and child Viola jointly the home place, the land M. R. Kelly purchased of John R. Quarles on the 5th day of Aug. 1890, for alimony . . .a life estate in said land at their death to revert and descend to the heirs of M. R. Kelly or his representative.


NEW: KELLY, M. R. VS. RAY, WADE H.
COUNTY COURT - 1896.

THE BILL OF COMPLAINT of M. R. Kelly against Wade H. Ray, both of Jackson Co. TN.

17 July 1896.

. . . James Ray and Casander Ray died in Jackson Co. TN . . . after having made and published their last will and testaments, which was duly admitted to probate in common form in the County Court of Jackson Co. at it's Feb. term 1893 . . .

By the terms and provisions of said Will, the tract of land hereinafter described was willed, devised and bequeathed to Leonidas Ray and Wade H. Ray equally, and each was to share equally in said land after the death of the said James Ray and Casander Ray . . .

Your orator, M. R. Kelly, purchased of the said Leonidas Ray and took from him a deed conveying to your orator M. R. Kelly the undivided half interest of Leonidas Ray . . .

Said lands are here described as follows: lying in the 3rd Civil District of Jackson Co. TN and being the tract of land whereon said James Ray lived and died and known as the James Ray old home tract and bounded as follows, to wit: on the North by the lands of Mrs. Mary McCarver, on the West by the lands of Alexander Flatt and Sarah Strode, on the South by the lands of John Forkum and others and on the East by the lands of J. T. Forkum . . .

He wants the land divided between himself and Wade H. Ray. -bp.

THE ANSWER of WADE H. RAY to the Bill of Complaint of M. R. Kelly.

3 Aug. 1896.

He says the tract of land was already divided before the sale to Kelly, and Kelly was well aware of it. -bp.

THE LAST WILL AND TESTAMENT OF CASANDER RAY AND JAMES RAY.

12 Aug. 1891.

. . . home tract of land to Leonidas Ray and Wade H. Ray, to be equally divided between them and the land I bought of Sheficance [?] to be equal divided between Jeremiah Ray and Sarah Strode, my daughter, and our personally property divided the same way, equal between the four children.

Depositions taken: 17 Aug. 1896.

DEPOSITION: JEREMIAH RAY.

I am acquainted with Leondes Ray. He now lives in Texas, did prior to Sept. 1893 and at that time he moved to Texas. Several years prior to Sept. 1893 and has lived there ever since [sic].

[He is] the same Leonidas Ray that is mentioned and described in the Will of James and Casander Ray.

[Said lands] were divided Sept. 1, 1893.

He [Leonidas] wrote me a letter to divide said lands.

P. L. Mondy was my son in law, James W. Carver is my nephew by marriage. I am Wade and Lon Ray's brother.

/s/ Jeremiah Ray

DEPOSITION: PHY MUNDY.

P. L. Monday (his mark).

DEPOSITION: RICHARD WOODALL.

I rented the lands now occupied by M. R. Kelley last year and also this year.

Richard Woodall (his mark).

DEPOSITION: WADE H. RAY.

I think Casander Ray died in 1891 and James Ray in 1892.

/s/ Wade Ray

DEPOSITION: URIAH LEE.

Richard Woodall and myself rented Mr. Kelley's part of said lands this year.

U. B. Lee (his mark).


NEW: KEMP, J. M. ET. AL. VS. CASSETTY, P. P.
CHANCERY, 1909 - 1911.

[Also see roll # 57, about Dr. Clark's reaction to the marriage of Mattie, and roll # 60, for more about the Clark case.]

THE BILL OF COMPLAINT of John W. Kemp & W. L. Kemp, residents of Smith Co. vs. P. P. Cassety, a resident of Jackson Co.

V. M. Clark died testate in Jackson Co. on May 18, 1908. His will was probated in common form in the County Court of said county by the executrix, Virgie Clark, his widow. Thereafter a petition was filed in said Count Court to set aside said probate by the defendant P. P. Cassety and his wife who was a daughter of the testator, and who was disinherited by the will, and seeking to have the will contested in the Circuit Court of said county on the grounds of incapacity of the testator to make the will and that it had been procured by fraud and undue influence on the part of said Virgie Clark.

. . . injustice of disinheriting said Mattie Cassety, and especially on the sole ground that she had married against the will of her father.

Virgie Clark compromised with the Cassety's about the estate, and Virgie agreed to pay them $4000.

The Kemps had a contract with the Cassety's to attempt to get a compromise with Virgie. They believe they influenced her to do so, now they want the $600 promised in the contract.

THE ANSWER OF P. P. CASSETTY.

He says they did not have a contract with the Kemps, and even if they did, the Kemps had no influence on the outcome.

Mattie did not get her full share of the estate, only about half of her full share.

They believe that V. M. Clark was fully capable of making his will as he did. They do not dispute that.

Depositions taken: 14 March 1911.

DEPOSITION: H. M. HALE.

I am a lawyer.

My recollection is that my license were dated in July 1871. [In response to the question of how long have you been practicing law.]

I became satisfied that it could be shown that Dr. Clark had some peculiarities and that it would be shown that his only reason for cutting his daughter out was because she had not married to suit him . . .

H. M. Hale

DEPOSITION: W. V. LEE.

I reside in CarthageTN and I am a lawyer.

Quest. How many children and heirs of Dr. Clark's were interested in his estate in that litigation, giving their names.

Ans. There were five children, Mrs. Tamma Robinson, Mrs. Mattie Cassetty, Guy Clark, Fadell Clark and Crongae Clark, together with his widow, Virgie Clark . . .

Guy Clark, Fadell Clark and Crongae Clark were all minors at the time of said litigation . . .

I really think that she [Virgie] felt an injustice had been done Mrs. Cassetty, and from her conversation with me I am sure she was anxious to adjust the matter in some way so Mrs. Cassetty could have a part of her father's estate.

Deposition taken: 12 July 1910.

DEPOSITION: MRS. VIRGIE CLARK.

Quest. Where do you reside?

Ans. In Jackson Co.

Quest. Are you the widow of Dr. V. M. Clark, who died on May 18, 1908?

Ans. Yes, Sir.

Quest. Was Mrs. Cassetty, child of Dr. Clark, by his former wife?

Ans. Yes, sir.

/s/ Virgie Clark

Deposition taken: 15 Feb. 1911.

DEPOSITION: J. M. KEMP.

. . . me and my brother, W. L. Kemp. . .

. . . I told her Dr. Clark had married her against all the children's will . . .

. . . Mr. Cartwright's, the father of Mrs. Clark . . .

Quest. Could she [Virgie Clark] have left her room or bed at any time since [her] deposition was taken, up to the time of her death?

Ans. She could not.

/s/ J. M. Kemp

DEPOSITION: W. L. KEMP.

. . . her [Virgie Clark] and her three children . . .

Quest. When did she [Virgie Clark] die?

Ans. My best recollection is that she died on the morning of Jan. 22, 1911.

/s/ W. L. Kemp


NEW: KENNER, WILLIAM R. ET. AL. VS. BUCK, JACOB ET. AL.
KENNER VS. COMMISSIONERS OF PUTNAM CO.
CHANCERY, 1842.

Suit to prevent the formation of Putnam Co. from taking territory from Jackson Co. -bp.


NEW: KENNER, WILLIAM R. & CO. VS EATON, JAMES ET. AL.
CHANCERY, 1858.

DEED.

3 April 1858.

James W. Lock, for $500, sold to James Eaton, two negro slaves, Virginia, aged about 21 years and Mariah, aged about 8 years . . . my interest in the above named slaves being only a life estate in them . . . all of my said interest while I live . . .

DEED.

8 April 1858.

James Lock, for $8000 to me in hand paid . . .sold to James Eaton all of the following described tracts or parcels of land and town lots situated in the County of Jackson and State of Tennessee--the first tract beginning on the bank of Cumberland river . . .with the line that formerly divided the lands of Robert White and James W. Lock now divides the lands of Preston H. Leslie and James W. Lock. . . Said land includes all the lands owned by James W. Lock on the north side of Cumberland river opposite the mouth of Roaring River, it being the farm on which Polly Cornwell formerly lived and the lands formerly purchased by William Lock from M. Lemarc and Averett [?]. Also one other tract granted by the State of Tennessee unto William Lock, assignee of John C. Molemare [?], lying in Jackson Co. TN below the mouth of Roaring River. . . Granted to William Lock on the 12th of March 1822. Also one other tract of seven acres lying on the south of Cumberland river Beginning at John Nichols southwest corner . . . just above the mouth of Roaring River . . . with Sara Nichols' line . . .

One other tract of three acres lying on the south side of Cumberland river . . . bank of Cumberland river . . . conditional line of John D. Brooks and James Jones . . . crossing Doe creek. . .

One other tract of three acres . . . on the bank of Greenbrier River . . .with the meanders of Cumberland river . . . corner of a survey made for Oria [?] Anderson . . .

Also all of my Town Property in the Town of Gainesboro, viz., the old Tavern that stands where I formerly kept Tavern . . . Also the lot with stable where my Tavern stable now stands . . . Also the lots below where A Green now lives near the Grave Yard . . .

/s/ James W. Lock

DEED.

3 April 1858.

James Lock [sells] to Polly Cornwell and James Eaton the tract of land on which I now live on the North side of Cumberland River opposite the mouth of Roaring River. The same land is bounded as follows . . . bank of Cumberland river in Jackson County TN . . .the line running to the river that formerly divided the land of James Lock and Robert White, now divides the land of P. H. Leslie and James W. Lock.

. . . it being all the lands conveyed by John M. Clemons and [unreadable] to William Lock, containing by estimate 335 acres.

Summary: a lengthy, confusing portion follows, but apparently this land is to be full payment for notes totaling $2000 that James W. Lock owes to Polly Cornwell. The deed also refers to judgements against James W. Lock and evidently this deed is also to secure payment of these notes. -bp.

DEED.

6 Nov. 1819.

Jno. C. McLemore and Jas. Vaulse of Davidson Co., State of Tennessee . . .and William Locke of Jackson Co. . . for the sum of $630 to him in hand paid . . .sell . . . a certain tract or parcel of land situated in Jackson Co. on the north side of Cumberland river containing by estimation 330 acres . . . Being a part of a tract of land Granted by the State of North Carolina to James C. Mountflorance and Richard Fenner by Grant No. 312 . . .bounded as follows. Beginning . . .west bank of Cumberland River the upper corner of Jno. Burris' Tract as conveyed to him by William Christian, agent of Robert Turner. . .

s/s Jas. C. McLemore [this is signed as Jas., but in the body of the deed, he is referred to as Jno. several times].

s/s Jas. Vaulse

NOTE.

9 April 1858.

I, James Eaton, do by these presence bind myself to pay to James W. Lock and his heirs and creditors the sum of $8000 good and lawful money for his interest in the negroes Moses, Washington and Bethia Jordon and Sydney, Virginia and Maria and for the bond [unreadable] to me by Decree bearing date on the 9th day of April 1858. The same Eaton is to pay [various judgements against James W. Lock]. Paying those judgements constitute the first installments of what Eaton owes for the Lock land.

THE BILL OF COMPLAINT of William R. Kenner and Frank Murry, who are copartners in the practice of medicine under the firm name of Kenner & Murry, Joel W. Settle, Robert C. Kirkpatrick, James R. Tolbert, Jas. H. Leslie of Jackson Co. TN and John J. McPeak of Wilson Co. TN against

James W. Lock, James Eaton and Mary Cornwell of Jackson Co. TN.

17 May 1858.

Summary: Complainants have all recovered judgements against James W. Lock for debts and these remain unpaid. Since then, James Lock has conveyed his land and negroes to his Aunt, Mary Cornwell and his son-in-law, James Eaton. They believe these conveyances are a fraudulent devise to avoid payment of the judgements. -bp.

There is no outcome to this suit in these documents. -bp.


NEW: KENT, J. C. ET. ALS. VS. ARMSTEAD, D. F. ET. ALS.
COUNTY, 1896.

THE BILL OF COMPLAINT of J. C. Kent and Lemuel Kent, W. T. Armistead, Fannie Kelly, all of Jackson Co. TN, L. M. Burford and wife Lizzie D. Burford, [unreadable] Armistead, Sallie Armistead, Wm. C. Ensor and wife Nannie Ensor, Alice Armistead of Smith Co. TN, Charlie Armistead and Ella Armistead of Davidson Co. TN, Maggie Armistead of Jackson Co. TN and Maggie Armistead of Davidson Co. TN against

D. F. Armistead, Maggie Lou Armistead, minor heirs of D. H. Armistead, deceased, without general guardian of Jackson Co. TN, Fred Armistead and J. H. Armistead and Frank Armistead, who is a minor, of the State of Texas, David Armistead, J. H. Armistead and Arthur Armistead, citizens of Smith Co. TN and who are each minor heirs of Jessee Armistead, deceased, without general guardian.

19 Nov. 1896.

F. A. Armistead died many years ago in Jackson Co., intestate, and seized and possessed of the following described real estate, to wit, lying and being in the 5th Civil District of Jackson Co. TN on the north side of Cumberland river bounded on the East by A. C. Clements, on the South by J. C. Kent, on the West by Cumberland river, on the North by J. C. Dick, containing 60 acres more or less, known now as the F. A. Armstrong place.

. . . his widow M. G.[?] Armistead occupied and possessed same as Homestead and Dower during her lifetime. She has recently died and the complainants and defendants except husbands of married women and J. C. and Lemuel Kent are their children and grandchildren and heirs at law of said F. A. Armistead.

Complainants J. C. Kent and Lemuel Kent are the owners of the interest of Sallie B. Montgomery and husband J. F. Montgomery, having purchased their interest in said lands and received a deed for same . . .

Asks that land be sold.


NEW: KENT, J. W. GUARDIAN OF KING, VINA LEE.
COUNTY, 1915.

SETTLEMENT # 3.

11 Sept. 1913.

. . . Vina Lee King, minor heir of Willie King, deceased. . .


NEW: KENT, JOSHUA ET. AL. VS. KENT, JOSEPH. ET. AL.
COUNTY, 1875.

REPORT.

. . . Martha Kent, widow of Nathan Kent, deceased . . .

APPOINTMENT OF ADMINISTRATOR.

The death of Nathan Kent, Jr., was this day suggested and it was proved before the Court that he died intestate in Jackson County on the [blank] day of Sept. 1874, whereupon Joshua P. Kent was by the Court appointed Administrator of his estate . . .

REPORT OF LAND SALE in the case of Joshua P. Kent, Wm. T. Barnett, Surena Barnett, James H. Sircy, William Berry [?], Lydia Berry [?], John J. Kent and Martha Kent vs. Joseph Kent, James H. Kent and Jesse Kent.

Report of the Clerk of the sale of the lands described in the pleadings, which report is unexcepted to . . .the title in and to the following described tracts or lots of land, to wit, Lot No. 2 on [unreadable] branch partly in Jackson and Smith Counties but most of it in Jackson County, containing 210 acres. . .

Lot or tract No. 3 . . . containing 109 acres.

. . .the purchaser Valentine D. Kent . . .subject to the Dower of the widow Martha Kent thereon--and said purchaser Valentine D. Kent shall at the termination of the Dower estate of said widow Martha Kent, take the entire and absolute estate for a simple title in all of the above described land.


NEW: KING, J. T. VS. DECKARD, NANCY M. ET. ALS.
CHANCERY, 1892.

THE BILL OF COMPLAINT of James T. King, a citizen of Jackson Co. TN against Nancy M. Deckard, John Deckard, L. R. Dyers and R. A. Cox of Jackson Co. TN and H. W. Williams of Wilson Co. TN.

James T. King charges that his guardian, Nancy M. Deckard, never credited to him funds that she received from the sale of the lands of J. M. King, deceased.

. . .Casandra King, now Casandra Neill . . .

. . . his deceased father Thomas W. King, that defendant Nancy M., as his widow, was allowed $1022.00 in lieu of dower and homestead, that at the sale of said lands she purchased the home place at the price of $ [blank] and paid for the same out of said allowance, that she also purchased at the sale a tract known as the Williamson tract, at the price of $ [blank], which tract adjoins the home tract and lies in the 7th District of Jackson Co. TN on the waters of Martin's Creek, containing about 60 acres and bounded by her home tract on the north, T. J. Lee on the east, J. M. Lee on the west and on the south by [blank].

. . . since her intermarriage with defendant Deckard . . .

Complainant states that not one cent of said fund has ever been paid to him or for his education or maintenance, and that he was not cared for or supported by his said guardian, that he only lived with her one year during which he made a crop for her and worked for her generally and never got one cent for it.

THE JOINT AND SEPARATE ANSWER of Nancy M. Deckard and her husband John Deckard and L. R. Dyer to the Bill of Complaint..

. . . Nancy M. Deckard admits that she is the mother of complainant . . .

. . . estate of J. M. King, brother of complainant . . .

She denies the charges.

Deposition taken: 17 July 1893.

DEPOSITION: H. W. WILLIAMS.

I am 57 years old. Reside in Wilson Co. TN.

. . . was Clerk and Master of this Court. I took charge of the office in 1877, Jan. in said year and held until 1889.

. . . she [Nancy Deckard] purchased the home tract and the Williamson tract and J. T. King's part went into the payment of her purchase. . . She claimed about the time that she was putting it in the land and she was aiming to let Jim have the Williamson tract when he came of age and expected to settle with him by letting him have it.

/s/ H. W. Williams

AGREEMENT.

8 Sept. 1893.

In this case the parties have agreed on the amount due the complainant and agree for the Clerk and Master to report the same at $425.

APPOINTMENT OF GUARDIAN.

4 July 1881.

Nancy M. King appointed Guardian of Cassander King and James Thomas King, minor heirs of Thomas W. King, deceased.

Deposition taken: 23 Feb. 1893.

DEPOSITION: J. T. KING.

Quest. When was you 21 years old?

Ans. Jan. 16. 1891.

/s/ James King


NEW: KING, THOS. W. VS. DAVIDSON, NATHAN ET. AL.
CHANCERY, 1877.

BILL OF COMPLAINT of Thomas W. King against Nathan Davidson, William Davidson & Sarah Davidson, all of Jackson Co. TN.

No date.

. . . on the 25th day of Jan. 1842 there was granted to Louis M. Holoman a certain tract or parcel of land lying and being in Jackson Co. TN in what is now the 7th Civil District of Jackson Co. on the Punchen Camp branch of Martin's Creek, containing 500 acres. The No. of said Grant is 8723. It was based upon Entry No. 2141 made in the office of the Entry Taker of Jackson Co. dated the 7th day of Nov. 1834.

[This tract] was sold by Decree of Court in Jackson Co. and was purchased by Thos. Watts & White Myers and by them sold and conveyed to John J. Kelly and by said Kelly sold and conveyed to your orator by deed bearing date the 14th day of Jan. 1874.

Complainant further charges that said entry included in part a 50 acre entry supposed to have been made by Thomas Lowe [?], which was claimed by Richard Davidson, the father of defendants William and Nathan and which was claimed to be an older entry than said 500 acre entry.

This 50 acre tract was sold after the death of Richard Davidson by Decree of the Chancery Court in Gainesboro in the case of William Davidson, Administrator, and others ex parte.

Defendant Sarah Davidson was the purchaser at the Master's sale. . .

Claims Davidson's title to this 50 acre tract is not valid. -bp.

. . . defendant Nathan Davidson some years past pretended to purchase said [50 acre] tract of land [from] Sarah Davidson. . . about 3 years ago, said defendant William Davidson . . . made and executed to defendant Nathan Davidson a pretended fraudulent deed for 100 acres of land, which deed covers between 40 and 50 acres of your orators lands lying adjoining and immediately west of said 50 acre claim . . .said deed was fraudulently dated back to the year 1856 . . .

THE SEPARATE ANSWER of Nathan Davidson to the Bill of Complaint of Thos. M. King and since his death revived in the name of his heirs . . .

No date.

Says his claim is valid. -bp.

TENNESSEE LAND GRANT NO. 8723.

25 Jan. 1842.

. . . by virtue of Entry No. 2141 made in the Office of the Entry Taker of Jackson Co. and entered on the 7th day of Nov. 1834. . . granted to Lewis M. Holloman . . .500 acres . . . on the south side of Cumberland River on the waters of Martin's Creek . . . Ridley Robert's northeast corner of a 400 acre Entry . . . John Petty's west boundary line . . . Thomas Johnson's line.


NEW: KING, W. T. & OTHERS VS. DUKE, ZONIE.
CHANCERY, 1913.

MASTER'S REPORT.

23 April 1913.

W. T. King, E. F. King & A. J. King are the owners by purchase from the adult heirs of J. J. Kent, deceased, of 5/6 undivided interests in said land . . .Zonie Duke, a minor, is the lawful owner of the other 1/6 undivided interest. There is a mortgage of $855.75 on the 50 acre tract and it is worth about $800.

Depositions taken: no date.

DEPOSITION: R. L. DUKE.

I am 46 years old. I live on the north side of Cumberland river near Granville TN.

/s/ R. L. Duke

DEPOSITION: JNO. C. CLEMONS.

I live in the 5th Civil District of Jackson county.

I am 46 years old.

DEPOSITION: E. A. KING.

I am a party to this suit. My father, W. T. King, and my brother, A. J. King, and myself jointly own 5/6 of the land and the minor Zonie Duke owns the remaining 1/6.

When we bought this land, father, my brother and myself borrowed the money with which to pay for it from the Bank of Granville and executed to the Bank a mortgage . . .

/s/ E. F. King


NEW: KINNAIRD & BRANSFORD VS. HAWKINS HEIRS.
CHANCERY, 1841.

Deposition taken: 30 Sept. 1841.

DEPOSITION: ELIZABETH CHAPMAN.

About the age of 65.

I know that 15 acres of land in the Bottom at the right hand of the [ink blot] in going up the river Belonged to Dice Hawkins' father in his lifetime and that he, John Chapman, was possessed of it when he died and had the rights in the house at that time and that the defendant, Dice Hawkins, was a small child at his death . . .

I know of no title that Nelson Hawkins had to the land but on account of his marriage to Dice a legatee to the estate of John Chapman, deceased.

Elizabeth Chapman [her mark]

DEED.

2 Sept. 1836.

Summary: Nelson Hawkins sells to Russel Kinnaird and Thomas L. Bransford some tracts of land.

One on the north side of Roaring River, 15 acres, it being part of the tract formerly owned by Jno. Chapman and which was deeded to me on 18 Sept. 1835 by Benjamin and Elizabeth Chapman, son and widow of said John Chapman, dec'd.

One other tract of land by Entry No. 1874 containing 800 acres entered in the Entry Taker's Office in Jackson Co. by Nelson Hawkins on the 19th of Feb. 1832 on the waters of Roaring River . . . to the mouth of the Horse Point Branch . . .

One other tract of land by Entry No. 646 containing 100 acres entered in the Entry Taker's Office in Jackson Co. by Curry Lee on the 2nd day of Jan. 1825 on the north side of Roaring River . . .north corner of said Lee's land where he now lives . . .John Chapman's line . . .where the widow Chapman now lives . . . the said Hawkins hereby preserving out of the two entries of 900 acres, 100 acres, which he has sold to Benjamin Chapman, part out of each Entry . . .

BILL OF COMPLAINT.

. . . sometime in Sept. 1840 said Nelson Hawkins departed this life intestate and that his children, John Hawkins, James Alexander Hawkins, Robert Hawkins, Louisiana Hawkins, Martha D. Hawkins, Cleveland Winchester Hawkins and Elizabeth June Hawkins are his heirs at law, that all of said heirs are minors under the age of 21 years and reside in said county of Jackson and that Dice Hawkins is widow of said Nelson, deceased.

THE SEPARATE ANSWER OF DICE HAWKINS.

. . . her father, John Chapman . . .

Deposition taken: 30 Sept. 1841.

DEPOSITION: BENJAMIN CHAPMAN.

About the age of 27 years.

Benjamin Chapman [his mark]


NEW: KINNAIRD, R. M. VS. PHARRIS, ABSOLEM ET. AL.
CHANCERY, 1869.

ORDER.

28 Sept. 1877.

Denton Moore is dead . . . the following are his only children and grandchildren, and the husbands of the married women, and heirs at law, to wit: Tabitha Moore is his widow, Newton Moore and Orpha Van Hooser of Jackson Co. TN, Samuel A. Moore of Clay Co. TN, Samuel Moore and [blank] Moore and Roxanna Harris of the State of Missouri, Tabitha Harris of the State of Texas, James Roberts and wife Roxanna Roberts, Newton Moore, Jr. and Jasper Moore of the State of Missouri.

ORDER.

4 Aug. 1869.

. . . on 6 March 1854 . . .Russel M. Kinnard sold to the defendant John J. Brown a tract of land in the county of Jackson and State of Tennessee on the south side of Cumberland river, on the waters of Sugar Creek containing 200 acres more or less. . . south side of Fisk's road . . .corner of a 50 acre survey made in the name of Alexander Rutledge . . . including said 50 acre tract in the name of said Rutledge . . .

Deposition taken: 10 Feb. 1904.

DEPOSITION: P. P. PHARRIS.

I am 30 years. I live about 3 miles from Gainesboro TN.

A. Pharris is my grandfather.

I was in jail in July [of 1900].

I was in there for selling whiskey.

I was in [jail] in 1900 and 1901 is my recollection.

Quest. Do you own any horses or mules?

Ans. No, I am out now. I sold out fixing to go to Mississippi.

/s/ B. P. Pharris


NEW: KINNARD, RUSSELL VS. KINNARD, NANCY E.
CHANCERY, 1873.

THE SEPARATE ANSWER of Russel R. Kinnaird to the Cross Bill of Emeline Kinnaird

. . . my father George Kinnaird.

It is true I did not ask for the child from the fact I did [not] know or believe it was mine.

Russel R. Kinnaird [his mark]

THE BILL OF COMPLAINT of Russel R. Kinnaird, a citizen of Jackson Co. TN against Nancy Emeline Kinnaird of Jackson Co. TN.

24 Oct. 1873.

. . . were married to each other on the 10th day of Feb. 1871 in Overton Co. TN.

. . .believes that she has been guilty of adultery with one John Buford and perhaps others. Your petitioner would further charge that she has on various occasions threatened to have him killed, said she had a man or men that would do it for her, that her conduct has been intolerable crabbed, fractious and uncontrollable by your petitioner.

Depositions taken: 6 June 1874.

DEPOSITION: BECKEY ROBERTS.

Aged about 60 years.

Beckey Roberts [her mark]

DEPOSITION: CLARINDA CURTIS.

Clarinda Curtis [her mark]

DEPOSITION: BETSY RAY.

Aged 26 years.

. . . my husband Richard Ray . . .

Betsy Ray [her mark]

BILL OF COMPLAINT of Russel Kinnaird of Jackson Co. TN against Nancy Emeline Kinnaird of parts unknown.

18 Nov. 1878.

. . . married about the 10th day of Feb. 1872 in Overton Co. TN. They lived together about 18 months at which time the defendant willfully and maliciously abandoned your orator and has failed and refused to live with him ever since.

. . .believes that the defendant is somewhere in the State of Alabama and that she left with one Newton Danner who said he was and did go to Alabama.

. . . while they lived together as husband and wife the defendant gave birth to a boy child by the name of Wm. P. Kinnaird, which the defendant carried off with her.

He asks for a divorce.

ANSWER AND CROSS BILL OF NANCY EMELINE KINNAIRD.

No date.

Denies charges.

. . . his [her husband's] brother-in-law, Richard Ray . . .

. . . our little babe, seven months old--named William Porter Kinnaird, after complainant's own blood relatives. . .


NEW: KINNARD, RUSSEL M. ET. AL. VS. RUSH, JOHN ET. AL.
CHANCERY, 1858.

BILL OF COMPLAINT of Russel M. Kennard [Kinnard] and Watson M. Cooke, Merchants trading under the firm and Style of Kennard & Cooke, now citizens of Davidson Co. TN against Charles C. Price, Jesse L. Case, William Case, James M. Richmond, John Rush, William M. Ragland and Caroline Rush and James Rush, all citizens of Jackson Co. TN.

. . . Jesse L. Case and William Case on the [ink blot] day of Aug. 1852 purchased of defendant Richmond the following described tract of land in the County of Jackson, State of Tennessee in District No. 11 on the waters of Flynn's Creek lying on Snodgrass branch containing by estimate 100 acres and bounded as follows: . . . southwest corner of a 25 acres Entry made by John Keith . . . southeast corner of Johnson McCormack's 25 acres entry. . . the price agreed to be given for said land by defendants Jesse L. Case and William Case to defendant James M. Richmond was $250, of which $50 was to be paid in cash and the balance on time. . .

Afterwards, on the 25th Oct. 1853, William Case sold his interest in said land to defendant William M. Ragland . . .Wm. M. Ragland on the 8th day of July 1854 sold his interest in said land . . .to defendant Charles C. Price . . . And on the 19th day of July 1854 the defendant Jesse L. Case sold to defendant Charles C. Price his interest in said land . . .He [Chas. C. Price] on the 18th day of Aug. 1854 sold said land to defendant John Rush and his brother William L. Rush for the sum of $350 for which he took their notes of that date. . .

. . .defendant Charles C. Price was largely indebted to your orators and on the 11th day of July 1855 sold to them and transferred by delivery the notes which he had on the defendants John Rush and William Rush . . .Said notes are now due and unpaid. . .Some time in the latter part of the year 1856 or first of 1857 William L. Rush died intestate in Jackson Co., leaving the defendant Caroline Rush his widow and the defendant James Rush his only child and heir at law. Said James Rush is a minor. . .At the time of his death William L. Rush was insolvent. . . and John Rush . . . is also insolvent.


NEW: KINNARD, RUSSELL VS. WILLIAMS, H. W. & OTHERS.
CHANCERY, 1891.

RUSSEL KINNAIRD, A CITIZEN OF JACKSON CO. TN AGAINST GEORGE R. MADDUX & JAMES R. DARWIN, DEPUTY SHERIFF OF SAID COUNTY, AND CITIZENS OF JACKSON CO. TN & H. W. WILLIAMS OF WILSON CO., JESSEE ARNOLD OF PUTNAM CO. & C. W. WEST OF OVERTON CO. TN.

22 Jan. 1891.

On the 28th day of April 1882 Sallie Kinnaird, the mother, and John Kinnaird, the brother, of complainant filed their Bill of Complaint in the Chancery Court of Jackson Co. TN against Col. John P. Murry and Payton Loftis. . . seeking to recover the possession of a tract of land therein described claimed by them as heirs at law of George Kinnaird, the husband of Sallie and father of John Kinnaird.

That on the 15th day of Feb. 1889. . . a Decree was rendered dismissing said Bill, and judgement pronounced against all the complainants . . .

Complainant avers that his name was used as a party complainant in said cause [without his knowledge or consent].

Russel Kinnaird [his mark]

Depositions taken: 11 June 1891.

DEPOSITION: SALLIE KINNAIRD.

Aged 70 years.

I am the mother of Rusel Kenard and the widow of Georg Kennard.

Saly Kennard [her mark]

DEPOSITION: DANIL [DANIEL] ALLEN.

/s/ D. T. Allen

DEPOSITION: JOHN KINARD.

Rusel Kennard told mother that father had lost enough in lawing for that land to pay for 40 such places, that it was throwing away good money for bad . . .

/s/ John Kinnard

DEPOSITION: RUSSELL KENNARD

/s/ Russel Kinnard


NEW: KINNAIRD, SALLIE ET. AL. VS. MURRAY, JNO. P. ET. AL.
CHANCERY, 1892.

SALLIE KINNARD, JOHN KINNARD, RUSSELL KINNARD & BETTIE GOODSTON VS. JOHN P. MURRAY & PEYTON LOFTIS.

George Kinnard in his lifetime was the owner of the land in dispute, lying in the 9th Civil District of Jackson Co., bounded on the north by Evan Bartlett's land, on the east by the lands of W. C. West, on the south by Jeff Sangford's land and on the west by Sam Dowd's land, and he had claimed it adversely and claimed it as his own, and was in possession . . . George Kinnard died on the 4th Oct. 1878, leaving his widow Sallie Kinnard and the children he left were John Kinnard, Russell Kinnard and Bettie Goodston. John Kinnard was under age when the bill was filed and was 21 years of age the 11th Sept. 1882.

Sallie Kinnard was forcibly ejected from the land on 21 March 1882. -bp.

Deposition taken: 10 Jan. 1888.

DEPOSITION: W. C. WEST.

Aged 64 years.

Am a farmer, reside in Putnam Co.

I know said John Kinnard. His father was George Kinnard, deceased, and his mother was Sallie Kinnard. They lived at what was called the Jones old place near a half of a mile from where I now live, when John Kinnard was born.

Said defendant [John Kinnard] was born in the year 1858 . . .

/s/ W. C. West

Note: Sallie is also called Elizabeth in this case. -bp.


NEW: KIRBY, EDMOND S. ET. AL. VS. GOOLSBY, FRANCIS M. ET. AL. & KIRBY VS. KIRBY.
CHANCERY, 1854.

Note: within this folder are at least three different suits that various children of Pleasant Kirby brought against each other. The witnesses often gave depositions in several of the suits. Many of the depositions are fragmentary.

Depositions taken: probably 18 July 1855.

DEPOSITION: P. G. KIRBY.

Quest. Did or not Edmund S. Kirby move to Arkansas, if so, when?

Ans. He moved there in 1839.

Quest. When did you receive your share of Pleasant Kirby's estate?

Ans. In 1838 I received my share of my father's estate, in 1841 I received the balance.

/s/ P. G. Kirby

DEPOSITION: UNKNOWN [this is just a fragment].

Quest. About what time did your mother die?

Ans. It was in the year 1842 as I now recollect.

Quest. About what time did your father die?

Ans. About the year 1819 as I recollect, in the month of July.

Quest. How old is the complainant Edmund S. Kirby now and how old was he when his father died?

Ans. He was born the same year that his father died. I think he was about 3 weeks old when his father died.

I am a brother of the complainant and the defendant Jones is my sister in law.

THE SEPARATE ANSWER OF WILLIAM H. KIRBY.

Hamilton Co., Illinois, no date.

. . . he [W. N. Kirby] sold or conveyed to Amon Hale all of said lands on the East Side of Flynn's Creek.

. . . conveyed the balance of said lands on the west side of Flynn's Creek to the said Henry W. Kirby and not to his heirs, for he had no such title to convey.

. . . it was nothing but a mortgage. . .

For Henry W. Kirby was respondent's brother . . .

. . . Henry W. Kirby is dead and complainants are his heirs and distributees and that Hartwell Stratton married Mary, a daughter of deceased.

/s/ Wm. H. Kirby

LAST WILL AND TESTAMENT OF PLESANT [PLEASANT] KIRBY.

1 July 1819.

. . . to my beloved wife, Betsy Kirby, all my property of every kind, both real and personal to make use of for her and children so long as she remains a widow and at her death or marriage my property to be equally divided between my beloved children, namely Wm. H. Kirby, Henry W. Kirby, Jessee B. Kirby, Patsey Witcher, Plesant Greene Kirby, James Kirby, Edward Shepherd Kirby. And I appoint Martin [?] Holloman and my son Wm. H. Kirby my executors . . .

THE BILL OF COMPLAINT of Wm. H. Kirby, a citizen of Illinois against Patrick A. Kirby, Hartwell Stratton, Mary Ann Stratton, Martha J. Kirby Sen., Martha J. Kirby Jun., Francis M. Goolsby, Thomas J. Jones, Wm. A. Goodall, all citizens of Jackson Co. except Patrick P. Kirby, whose residence is in Texas or Arkansas or unknown to your orator, and Francis M. Goolsby, a citizen of Overton Co.

. . . prior to the year 1849. . . your orator then owned two tracts of land in [Jackson Co.], one lying on Flynn's Creek near Flynn's Lick, District No. 11 . . . bought of Amon Hail and one other tract lying in District No. 1 containing 150 acres, formerly owned by Amon Hail.

. . . F. M. Goolsby, who then lived with said [Henry] Kirby . . .

. . . said [Wm. W.] Goodall was Sheriff . . .

. . . F. M. Goolsby is administrator of H. W. Kirby, deceased, Martha J. Kirby Sen. is his widow, P. P., Mary A., Martha J. Kirby Jun. are his heirs at law, that Hart. H. Stratton married Mary A. Kirby.

Depositions taken: 28 June 1856.

DEPOSITION: WILLIAM R. KENNER [OR KINNER].

Aged 52.

/s/ W. R. Kinner

DEPOSITION: JAMES G. KIRBY.

Aged about 39 years.

/s/ James G. Kirby

Deposition taken: at Macon Co., no date.

DEPOSITION: JESSE KIRBY.

Aged about 56 years.

[Edmond Kirby] is my brother. He was born some time in June 1819. Don't remember the day of the month my father died, but am positive it was in July after complainant was born. At the first [after his father died] a negro man, woman, and some children were sold. After the death of my mother, a negro man, Stephan, was sold.

He [his father] had seven children.

Depositions taken: 22 June 1855.

DEPOSITION: PINKNEY MC CARVER.

Aged about 47 years.

[William H. Kirby] was taken up for counterfeiting and other things . . .

DEPOSITION: WILLIAM R. KENNER [KINNER?]

Aged about 50 years.

/s/ W. R. Kenner

DEPOSITION: WILLIAM W. GOODALL.

Aged about 50 years.

/s/ Wm. W. Goodall

DEPOSITION: FRANCIS M. GOOLSBY.

Aged about 36 years.

/s/ F. M. Goolsby

Depositions taken: 1 Feb. 1856.

DEPOSITION: THAXTON CARTER.

Aged 50 years.

I was acquainted with Henry W. Kirby from the time he was a boy . . .

/s/ Thackston Carter

DEPOSITION: JAMES W. LOCK.

Aged 40 years.

[I] hired some negroes from him [Henry W. Kirby].

/s/ James W. Lock

DEPOSITION: GEORGE C. DARWIN.

Aged 43.

I knew Henry W. Kirby ever since I was a small boy.

/s/ G. C. Darwin

DEPOSITION: W. R. KENNER.

Aged 48 years.

At one time when I was bank director . . .

/s/ W. R. Kenner

DEPOSITION: ALFRED JONES.

26 years of age.

I was acquainted with Henry W. Kirby ever since I was a boy.

/s/ A. M. Jones

DEPOSITION: MALECHI MEADOWS.

Aged 38 years.

/s/ Malechi Meadows

DEPOSITION: ADEDES [?] HARE [HALE?]

Aged 51 years.

/s/ A. Hare [Hale?]

DEPOSITION: SAMPSON W. CASSETTY.

Aged 48 years.

/s/ S. W. Cassetty

DEPOSITION: WILLIAM C. ANDERSON.

Aged 30 years.

/s/ Wm. C. Anderson

DEPOSITION: PETER G. COX.

48 years.

/s/ Peter G. Cox

Note: Most deposers state that Henry W. Kirby was often slow to pay his debts, though he seemed to have the money and eventually did pay. He was also believed to have plenty of land. -bp.

THE ANSWER OF HARTWELL STRATTON and wife Mary Ann Stratton, Martha Jane Kirby, Jr. and Patrick Kirby to a Bill of Complaint.

Macon Co. TN, 3 March 1855.

. . . respondent Hartwell having married said Mary Ann about four years ago . . .

. . . a short time before Henry W. Kirby died, as he was about moving to Davidson Co. . .

Depositions taken: 12 April 1856.

DEPOSITION: RANDAL GIBSON.

Aged about 53 years.

/s/ Randal Gibson

DEPOSITION: JOSEPH HANCOCK.

Aged about 51 years.

Joseph Hancock [his mark]

DEPOSITION: DAVID G. SHEPHERD.

Aged about 50.

I was acquainted with him [Henry W. Kirby], became acquainted in 1828. . .

Have had store accounts against him and always found him prompt in the payment of his indebtedness. . .

/s/ D. G. Shepherd

Deposition taken: 7 July 1855.

DEPOSITION: AMON HALE.

He [William H. Kirby] was drinking. He worked, however, a good deal in the Blacksmith Shop.

/s/ Amon Hail

Depositions taken: 29 June 1855.

DEPOSITION: THOMAS J. JONES.

/s/ Thomas J. Jones

DEPOSITION: WILLIAM H. BOTTS.

I think I was elected Bank attorney for the branch bank of Tennessee at Sparta about Feb. 1848, perhaps it might have been 1849.

/s/ W. H. Botts

PETITION.

4 Nov. 1822.

. . .Elizabeth Kirby, widow of Plesant [Pleasant] Kirby, deceased [asks for an order to sell all of the personal and perishable estate of said deceased].

Elizabeth Kirby [her mark]

Deposition taken: 30 June 1855.

DEPOSITION: SALLY WITCHER.

About 66 years old.

. . . when Henry W. Kirby was moving to Arkansas . . .

Sally Witcher [her mark]

Depositions taken: 21 April 1856.

DEPOSITION: JONATHAN SLOAN.

Aged about 63 years.

/s/ Jonathan Sloan

DEPOSITION: ALLEN HOLLADAY.

Aged about 70 years.

/s/ Allen Holladay

DEPOSITION: JOHN DIXON.

Aged about 37 years.

About the time that Henry W. Kirby was preparing to move to Arkansas, Edmund S. Kirby showed me some money which he had in a flax[?] purse, and he said it was money which Henry had paid him that was coming to him from his father's estate. The money was in silver. Edmund S. Kirby was then grown and acting for himself and I would think he was 21 years old.

/s/ John Dixon

DEPOSITION: ELIZABETH DIXON.

Aged about 70 years.

Elizabeth Dixon [her mark]

Depositions taken: 7 June 1855.

DEPOSITION: JAMES G. KIRBY.

37 years of age.

I think there was 10 negroes owned by him [his father] at his death, eight or nine of which I think was sold at the sale and my mother retained one or two, a boy and a girl, or a boy as I now recollect. . . I know he was sold after the death of my mother.

There was seven heirs of my father.

I expect I was near 21 years old at the time of the sale [of the negroes].

/s/ James G. Kirby

DEPOSITION: AMON HALE.

63 years.

I know of but one [of Pleasant Kirby's negroes]. I bought one named Stephen and gave $720 for him.

Depositions taken: 2 Feb. 1856.

DEPOSITION: JONATHAN ROGERS.

Aged about 65 years.

/s/ Jonathan Rogers

DEPOSITION: RANDAL GIBSON.

Aged about 50 years.

I was acquainted with Henry W. Kirby for 23 or 4 years and lived near him for 21 years.

Randal Gipson [his mark]

DEPOSITION: HOLLAND DENTON.

Aged about 36 years.

I was Sheriff about the year 1845 or 46 . . .

Thomas Murray Esq. is now dead.

/s/ Holland Denton

Depositions taken: 11 July 1856.

DEPOSITION: HENRY RICHMOND.

Age 40.

DEPOSITION: THOM [?] P. BROWN.

25 years.

I am a cousin to James G. Kirby's wife.

/s/ T. P. Brown

DEPOSITION: THOMAS J. JONES.

30 years.

/s/ Thomas J. Jones

DEPOSITION: WILLIAM H. JONES.

55 years.

/s/ Wm. H. Jones

DEPOSITION: LITTLETON C. COLLIER.

59 years old.

I knew him [Henry W. Kirby] near 30 years.

/s/ L. C. Collier

DEPOSITION: JAMES M. RICHMOND.

35 years.

/s/ James M. Richmond

DEPOSITION: WILLIAM C. ANDERSON.

Aged 37 years.

/s/ Wm. C. Anderson

DEPOSITION: JAMES G. KIRBY.

Aged 38 years.

/s/ James G. Kirby

DEPOSITION: JOSHUA HALE.

42 years.

I knew Henry W. Kirby and his circumstances 25 years.

/s/ Joshua Hale.

Depositions taken: 8 Jan. 1855.

DEPOSITION: GABRIEL [?] HINDS.

Aged about 65.

Gabriel Hinds [his mark]

DEPOSITION: JAMES BURGESS.

Aged about 50 years.

About the year 1835-6-or 7 at a shooting match between where Joshua Hail now lives and Flynn's Lick, James [G. Kirby] was drinking right smartly and betting right smartly and Henry was trying to stop him and said that he had to be responsible for his acts and he should not fool away his money in no such way. I don't know whether James was a minor then or not.

/s/ James Burgess

DEPOSITION: EDMUND S. KELLY.

35 years.

In the year 1839, when Henry W. Kirby and myself was both living in Arkansas, there came a letter from this country to us stating that James and John Dixon have got into law with each other. When that news came, Henry said we had better try and get him away from there; if we don't he will spend all that he has got and what is in my hands besides.

/s/ Edmond S. Kiarby

DEPOSITION: H. MC CLENDON.

Aged 42 years.

/s/ H. W. McClendon

Deposition taken: 29 June 1855.

DEPOSITION: RICHARD T. HOLLIMAN.

My father [not named] had one negro that had belonged to the estate [of Pleasant Kirby]. He was a negro boy . . .

/s/ R. T. Holleman

Deposition taken: 7 July 1855.

DEPOSITION: JOSEPH DAVENPORT.

I have been acquainted with him [James G. Kirby] and I have seen him at our precincts ever since I can remember. He is older than I am I think from his size when we were growing up. I am 37 years old the 25th Dec. next, according to the information of my parents.

After he [James G. Kirby] married, he moved from our district.

/s/ Joseph Davenport

Depositions taken: no date.

DEPOSITION: AMON HALE.

Aged about 64 years.

. . . Dr. Absolum Johnson . . . now lives in Sparta, White County . . .about four years ago, when he moved to White [from Jackson County]. From 1835 until 1842 I lived in sight of his house.

/s/ Amon Hail

DEPOSITION: JONATHAN ROGERS.

Aged about 68 years.

I lived within two miles and a half of Dr. Johnson during the time he lived on Flynn's Creek in this county.

/s/ Jonathan Rogers.

DEPOSITION: WILLIAM JONES.

Aged about 26 years.

/s/ William E.[?] Jones

DEPOSITION: MATTHEW JONES.

Aged about 22 years.

Mathew Jones [his mark]

Deposition taken: 8 June 1855.

DEPOSITION: B. B. WASHBURN.

I am a practicing attorney.

/s/ B. B. Washburn

DEPOSITION: JOHN P. MURRAY.

Aged 27 years.

/s/ John P. Murray

DEPOSITION: JAMES T. QUARLES.

I am a solicitor and attorney.

/s/ J. T. Quarles

THE JOINT ANSWER OF FRANCIS M. GOOLSBY, ADMINISTRATOR OF HENRY W. KIRBY, DEC'D AND MARTHA JANE KIRBY to a Bill of Complaint . . .

No date.

They admit that Henry W. Kirby died intestate in Davidson County, but it was in Feb. 1853 instead of March.

Depositions taken: 19 Jan. 1856.

DEPOSITION: JONATHAN SLOAN.

Age 62 years.

Quest. How long have you known him [Wm. H. Kirby]?

Ans. Ever since we were children.

/s/ Jonathan Sloan

DEPOSITION: WM. DRAPER.

Age 38 years.

Quest. How long have you known him [Wm. H. Kirby]?

Ans. Ever since I was a child.

/s/ William Draper

DEPOSITION: JUBILE PATE.

Aged 51 years.

/s/ Jubel E. Pate

DEPOSITION: WM. H. JONES.

Age 53 years.

Quest. Did you some time last year read or hear a letter read from Wm. H. Kirby's son in law to some person in this county stating that Wm. H. Kirby had been arrested in Illinois for stealing coffee?

Ans. I did.

/s/ Wm. A. Jones

DEPOSITION: SEBRET PATE.

Aged 45 years.

/s/ Sebret Pate

Note: all of these witnesses testify that the character of Wm. H. Kirby is bad. -bp.

Depositions taken: 14 Jan. 1856.

DEPOSITION: A. W. JOHNSON.

Aged 26 years.

Martha Jane Kirby is my half sister.

/s/ A. W. Johnson

DEPOSITION: R. W. MC CLENDON.

Aged 37 years.

DEPOSITION: MILTON DRAPER.

I married Martha Jane Kirby's half sister.

/s/ Milton Draper

DEPOSITION: HENRY RICHMOND.

/s/ Henry Richmond

DEPOSITION: THOS. J. DRAPER.

Aged 28 years.

/s/ T. J. Draper

DEPOSITION: JAMES W. BURK.

Aged 35 years.

/s/ James W. Burke

DEPOSITION: P. MC CARVER.

Aged 45 years.

/s/ Pinkney McCarver

DEPOSITION: H. H. MC CLENDON.

Aged 41 years.

/s/ H. H. McClendon

Note: Most of these attest to the bad character of Wm. H. Kirby. -bp.

Deposition taken: 7 July 1855.

DEPOSITION: WM. P. WITCHER.

I was present I think about the month of December 1838 at my father's house and after complainant H. W. Kirby had started to move to Arkansas and they had stopped there to wait till my father's family could get ready to start, who was also at that time in the act of moving to Arkansas, where they did move--and while there at my father's house, complainant lost his pocket book.

He [Edmond S. Kirby] has been very poor for many years; has had as I have understood and know to be so, but little property about him.

He [Henry W. Kirby] was [solvent] and had a valuable lot of negroes ever since I could recollect and had to the time of his death.

/s/ W. P. Witcher

Depositions taken: 29 June 1853.

DEPOSITION: PATRICK N. DUDNEY.

Aged about 43 years.

I think that he [David Cox] moved on the land after the Cholera was in Gainesboro, which was in July 1850. /s/ P. N. Dudney

DEPOSITION: ZEBULON NETTLES.

Aged about 51 years.

W. H. Kirby left the state I think in 1849 . . .

/s/ Zebulon M. Nettles

Depositions taken: 4 Oct. 1855.

DEPOSITION: SILAS C. CORNWALL.

DEPOSITION: ANDREW POSTON.

About 30 years of age.

/s/ Andrew Poston

DEPOSITION: JAMES G. KIRBY.

About 38 years of age.

/s/ James G. Kearby

DEPOSITION: ED. S. KIRBY.

Aged about 35 years.

/s/ Edmond S. Kearby

Deposition taken: 1 Feb. 1856.

DEPOSITION: MERLIN YOUNG.

Aged about 46 years.

I was Sheriff of Jackson County at the date of same [17 May 1838].

/s/ Merlin Young

DEED.

14 Dec. 1846.

Wm. H. Kirby sold to Henry Kirby, both of Jackson County TN, for $640, a certain tract of land in Jackson Co. on Flynn's Creek, Bounded . . . the west boundary line of 100 acre tract sold by Moore Stephenson to Agnes Thompson, dec'd . . . the conditional line between Amon Hale and James Drape . . . Milton Draper's northwest corner of his land . . . with the meanders of [Flynn's] Creek to Thomas Upchurch's and Anderson's line . . .the before mentioned being the same that William H. Kirby so far as described bought of Amon Hale containing by estimate 150 acres.

Depositions taken: 21 April 1856.

DEPOSITION: HANNAH DAVENPORT.

Aged about 54 years.

My husband, Henry Davenport, rented a piece of land from James G. Kirby on Salt Lick Creek about 21 or 22 years ago. The land was a part of the Pleasant Kirby tract. My husband was to build a house on the land for the rent of it and did build the house . . . This renting by my husband from James G. Kirby was before James G. was married . I think the year before he married the first time.

Hannah Davenport [her mark]

DEPOSITION: ALLEN HOLLIDAY.

Aged about 70 years.

I think it has been 21 or 22 years ago since the house was built on the land [by Henry Davenport] and Henry Davenport is dead.

/s/ Allen Davenport

Depositions taken: no date.

DEPOSITION: PETER G. COX.

Aged about 48 years.

/s/ Peter G. Cox

DEPOSITION: S. C. CORNWELL.

Aged about 62 years.

/s/ Silas C. Cornwell

Depositions taken: 12 April 1856.

DEPOSITION: JAMES YOUNG.

Aged 67 or 68 in June [?] next.

I rented the land where David Cox now lives in the year 1845 and I paid the rent to William H. Kirby. I stayed on the land two years, 1845 and 1846.

. . . when him [David Cox] and Elizabeth was married.

I now live on Roaring River. . .

James B. Young [his mark]

DEPOSITION: JAMES GENTRY.

Aged 36.

Depositions taken: 2 Feb. 1856.

DEPOSITION: WILLIAM R. KENNER.

Aged 48 years.

David Cox has been living on it [the land in dispute] for the last five or six years.

/s/ W. R. Kenner

DEPOSITION: SAMPSON W. CASSETTY.

Aged about 48 years.

I lived on the land where David Cox now lives about one month in July in the year 1850. No person lived on the land when I went there. I did not go there by the consent of any person. I went there on my own accord. I ran from Cholera.

/s/ S. W. Cassetty

Depositions taken: 15 Nov. 1855.

DEPOSITION: MERLIN YOUNG.

Aged about 46 years.

/s/ Merlin Young

DEPOSITION: AMON HALE.

Aged about 62 years. /s/ Amon Hail

Deposition taken: 23 June 1856.

DEPOSITION: WILLIAM H. BOTTS.

Aged about 32 years.

/s/ W. H. Botts


NEW: KIRKPATRICK, AMANDA VS. KIRKPATRICK, A. T.
CIRCUIT, 1883.

THE BILL OF COMPLAINT of Amanda R. Kirkpatrick, a citizen of Jackson County TN against A. T. Kirkpatrick, a citizen of same residence.

5 Jan. 1883.

. . . she and defendant were married in Jackson County on the [blank] day of March, 1877, that they lived together peaceably and quietly for the space of two or three years, after which time defendant became sulky and would quarrel with your petitioner and render her very unpleasant by his sulky, quarrelsome and abusive conduct, and on the [blank] day of [blank] 1882, said defendant pretended to become jealous of your petitioner and one Thomas Isom, a tenant who was staying there with the defendant and his mother and after which time said defendant became more and more distrustful of your petitioner and more sulky, abusive and quarrelsome and even went so far as to charge your petitioner with adultery with said Thomas Isom, all of which conduct and accusation are entirely false . . .

. . .1882, about three weeks ago at the breakfast table told your complainant that he "wanted to kill your petitioner so bad he did not know what to do." This expression of his malice toward your petitioner was made in the presence of one Lizzie Hawkins and others. . .

. . . she is the mother of an infant near three months old, the issue of their marriage.

Petitioner further charges that she and defendant have three children, the issue of their marriage, all of which are boys, the oldest of whom is named William Rajed about four years, Claudy aged 2 1/2 years and the infant aforesaid named Talvin, aged about three months.

[They have personal property] on the place where Mrs. Almary Kirkpatrick now lives.


NEW: KIRKPATRICK, LOUISA VS. KIRKPATRICK, L. H. C.
CIRCUIT, 1883.

THE BILL OF COMPLAINT of Louisa Kirkpatrick vs. L. H. C. Kirkpatrick, both of Jackson Co. TN.

28 Aug. 1885.

. . . she and defendant were married to each other about the [blank] day of [blank] 1872--that they lived together in said County until about three years ago--when his conduct became unbearable. His cruel and inhuman treatment forced her to withdraw.

He has failed to provide for her the necessaries of life--being indolent and lazy.

He would come home drunk . . .

Complainant's and defendant's children are Almary, aged 12, Susan, aged 10, Bedford, aged 6, James, aged 4, and the youngest, a boy nearly 3, not named.

Louisa Kirkpatrick [her mark]

THE BILL OF COMPLAINT of Louisa Kirkpatrick against L. H. C. Kirkpatrick, both of Jackson County TN.

5 Jan. 1883.

Defendant is abusive and fails to provide, necessitating her to work out.

Defendant is a habitual drunkard and is drunk on all occasions when he can get the spirits.

They have four children, Almary aged eight years, Susan aged six years, Bedford aged three years and Jimmie aged one year.


NEW: KIRKPATRICK, RADFORD VS. KIRKPATRICK, CLAUDIA ET. AL.
COUNTY, 1900.

Deposition taken: 5 Oct. 1900.

DEPOSITION: J. A. WILLIAMS, SR.

Age 62 years. Residence Gainesboro, TN. Farmer.

/s/ J. A. Williams

RADFORD KIRKPATRICK, A CITIZEN OF JACKSON CO. TN, COMPLAINANT, AGAINST CLAUDIA KIRKPATRICK, FOWLER KIRKPARICK, PARMER KIRKPATRICK, EDGAR KIRKPATRICK, CITIZENS OF JACKSON CO. TN, & TENNIE KIRKPATRICK, A CITIZEN OF WILSON CO. TN, ALL OF WHOM ARE MINORS, & T. K. WILLIAMS, A CITIZEN OF WHITE CO. TN, THEIR GENERAL GUARDIAN.

Complainant together with Claudia, Fowler, Parmer, Edgar and Tennie Kirkpatrick are owners and tenants in common of the following described tract of land, to wit: lying in the 1st District of Jackson County, TN, on the north side of Cumberland river, it being that portion of the landed estate of H. P. Spivy, deceased, allotted to us by the Chancery Court of Jackson County, TN. . .containing 65 acres more or less.

Said land descended to them from their grandfather, Parmer Spivy, and was laid off to them in the partition proceedings in the case of B. C. & H. C. Spivy vs. Kirkpatrick et. als. in the Chancery Court of Jackson Co.

Asks that land be sold and the proceeds divided.

CLERKS REPORT OF SALE.

3 Dec. 1900.

The above described land was sold on 3 Dec. 1900 to Henry Lancaster for $1235.00

Deposition taken: 5 Oct. 1900.

DEPOSITION: WM. LOFTIS.

62 years of age.

[Residence & occupation:] Farm near Gainesboro.

/s/ Wm. Loftis


NEW: KIRKPATRICK, RAY ET. AL. VS. KIRKPATRICK, MILTON ET. AL.
CIRCUIT, 1871.

LETTER.

[Note: these letters were introduced as handwriting specimens. Because they are so interesting, I have included them in their entirety. I have cleaned up the spelling. -bp.]

State of Missouri, Atchison County, Linden.

April the 13th 1856.

Dear Father,

I again address you a few lines to let you know that we are all well; hoping that this may find you all well. I received your letter the 10th of April which was dated the 16th of March. The land warrant was safe in it and I am very thankly to you for it. I have me a place picked out. I can get as much prairie as I want. There isn't no land entered in two miles of it. There is timber enough to support a farm. If you will send me another land warrant of a hundred and twenty acres and I get them laid and I get a house on it and twenty acres first it will be worth $1000. There has been two steamboats in the Missouri River this spring. They are gone up to the Council Bluffs and the Omaha City, Nebraska. I can stand in the door and see a SteamBoat run about 30 miles. It is all prairie between here and the Missouri River. I am putting in ten acres in corn. When I get it planted John will tend to it and I am going to work in a brickyard this summer at $20 a month. I have been chopping cordwood all this Spring at one dollar per day. Father, I have heard of a cure for your cough. Get some Spienard [?] and make you some bitters and make a constant use of it and chew the root. I believe it will help you. I must now tell you about the politics of this country. The cry among the Whigs and democrats is Cass is the only man for president that can save this government. It is hurrah for Cass on all sides and down with the Know Nothings. I will now tell you about the cold winter. The thermometer stood for 40 days from 10 to 33 degrees below zero. I want to know how cold it was in Tennessee. Another good thing is it never rained in this country from November till April. The farm I live on belongs to a Mr. White. If the season continues good he will make 2000 bushels of wheat. He has a reaper and a threshing machine. Write as soon and as often as you can. I must come to a close.

Farewell.

Nero Kirkpatrick to Amos Kirkpatrick.

LETTER.

State of Missouri, Atchison County.

Feb. the 1, 1857.

Dear Father and Mother and Brother,

I take my pen in hand to inform you that we are all well, also that I received your letter dated Dec. the 31 and also I received a land warrant sent by Isaac Abney Nov. the 20. I answered it the next day. I suppose it never came to hand. I have wrote a dozen letters to that country that I have never heard from. You wanted to know how much property I have. One yoke of oxen worth $80 and 2 cows and calves worth $60 and 7 head of sheep worth $14 and ten head of hogs worth $50. I have got my meat killed. I am out of debt. You wanted me to write to you as soon as I laid my land warrants. I will do so but I don't know where I will lay them. The last foot of timberland was entered in this county last fall. I am going to start as quick as the spring opens to hunt me a place. I expect to find it in Nebraska or Kansas. I can lay them in either. I live about 50 miles north of the Kansas line. I am told there is plenty of Congress land [paper fold] fifty east in Gentry county. I may go there. It is a mighty fine country. I want you or Ray to write often and let me know all about the connection. I can't get no letter from them. I have one more request of you. I want you to send me your large printed Campbell's translation with all our names in it. You wanted to [know] about the drought. We had plenty of rain but the frost hit the corn very bad. Good corn is worth 40 cents per bushel, wheat $1.00. We have had a very cold winter. It commenced snowing the first day of Dec. and the ground hasn't been seen since. It has been thawing two or three days. The ice in the Missouri River is 2 1/2 feet thick at Sioux City, the upper settlement on the Missouri. The snow is six feet on a level. The thermometer this winter has been 33 degrees below zero. If it did not cost so much I would move to the south part of Kansas. There is a great many people talking of moving south next fall on the account of the cold. I want you to write as soon as this letter come to hand. I will [add?] no more.

Farewell.

Nero Kirkpatrick.

Note: the following depositions are all summaries, and written in the same hand. They are very hard to read. -bp.

Depositions taken: no date.

DEPOSITION: JAMES T. QUARLES.

States that he wrote the Will of Amos Kirkpatrick, as he dictated it, dated 7 June 1856. There is a little erased, J. T. Quarles doesn't think he did that. Seems to say that he did make one change in it.

The testator was a citizen of Jackson County from 1821. Witness thinks he died in this county.

DEPOSITION: A. D. HALL.

He signed the Will as a witness. Says Amos Kirkpatrick had spells where he would "give way all over and be exhausted." He would know nothing then. He was feeble and old and stayed about the house and others did his business. Sometimes the old man was himself and sometimes not.

Don't know if he was of sound mind when I witnessed the Will or not.

DEPOSITION: R. C. KIRKPATRICK.

Was raised in 3/4 of a mile of [Amos Kirkpatrick]. Have known him all my life.

[Amos Kirkpatrick] said he had been kicked by a horse in 1840 and had been subject to spells ever since that time.

[Amos Kirkpatrick] had several children by his first wives, and Ray by his last. Fisher by the second. Don't know where Fisher is. By his first wife he had Nancy, Emily and Polly Ann, boys Ellis, Milton and Lewis, Nero, John and Flin who died.

. . . Fisher Kirkpatrick is physically and mentally weak.

DEPOSITION: MICHAEL KIRKPATRICK.

DEPOSITION: TOLIVER KIRKPATRICK.

DEPOSITION: DR. G. C. GORDAN.

I knew Amos Kirkpatrick as physician. Attended him in the winter of 1853-4. He had an attack of fever. I heard his wife speak of him having spells. She said they came on suddenly. From her description, I supposed it was epilepsy.

In 1860, he had no mind.

In 1854 his mind was good; in 1860 it was gone. I moved to Missouri in March 1854.

DEPOSITION: DR. WM. R. KENNER.

I thought the fits epilepsy.

DEPOSITION: JOHN FOWLER.

Amos Kirkpatrick died in 1861.

. . .in 1832, about the time witness [John Fowler] was married.

Amos Kirkpatrick was a Deacon in the church.

For a long time, [Amos Kirkpatrick] was a Justice of the Peace and was Post Master in 1856, and afterwards, he thinks.

Don't recollect the date of his [Amos Kirkpatrick's] last marriage; said he was 50 years old at his last marriage.

Thinks Fisher was not right in his mind; he was physically weakly.

He [Amos Kirkpatrick] had owned a negro boy before his marriage with Rachel. Don't know that he owned him at that time. The old negro man and his wife were acquired after Amos Kirkpatrick married plaintiff Rachel.

DEPOSITION: WM. MASHON/RASHON[?]

DEPOSITION: THADEUS TINSLEY.

Knew Amos Kirkpatrick from his boyish days till his death. Lived two miles from him.

R. C. KIRKPATRICK RECALLED.

Fisher was raised in White County.

MICHAEL KIRKPATRICK RECALLED.

Witness is 40 years of age, Ray 35 or 6.

DEPOSITION: NEWTON MC GLASSON.

DEPOSITION: JOSEPH M. WILLIAMSON.

Is a grandson [of Amos Kirkpatrick].

DEPOSITION: TOLIVER KIRKPATRICK.

[Amos Kirkpatrick] would give all his negroes to Ray. Had but one family [of negroes] and did not want them scattered.

[Amos Kirkpatrick] said he had outlived his brother Billy. . .

[Amos Kirkpatrick] had but five negroes, a man and his children.

[Amos Kirkpatrick] wanted to give Ray the farm for fear the negroes would be hired out. He was opposed to slavery and had great regard for his negroes.

The old man's [Amos Kirkpatrick's] sight had failed him.

Fisher is living. His mother died when he was young. Raised most part among his mother's kin.

DEPOSITION: JOHN [UNREADABLE] GORDON.

DEPOSITION: JAMES A. RASH.

DEPOSITION: JOHN M. GIPSON.

DEPOSITION: WILLIAM BIBY [BILBRY?]

Know his [Amos Kirkpatrick's] negro Tarleton.

DEPOSITION: JOHN T. DOTSON.

DEPOSITION: WM. RASH, JUN.

DEPOSITION: WILLIS CARPENTER.

DEPOSITION: MICHAEL CASTREL.

DEPOSITION: MRS. ANNE F. BECK.

DEPOSITION: ANDREW FLYN.

DEPOSITION: JUDGE JAMES T. QUARLES.

DEPOSITION: RICHMOND DARWIN.

I knew him [Amos Kirkpatrick] 55 years.

DEPOSITION: WM. MOSS.

Amos Kirkpatrick was witness's uncle.

He said he had bought the land warrant from old Mr. Adener for Nero. The old man was present. Amos Kirkpatrick said he had furnished him pork and wheat that year as part pay for the land warrant. . .They told me he had bought the land warrant , 80 acres, and wanted to send it to him in Missouri. It was about the 17th Sept. 1855.

DEPOSITION: LITTLETON HALL.

I was a candidate for county Judge against Judge De Witt [1856].

DEPOSITION: JEREMIAH H. ROBERTS.

[Amos Kirkpatrick] was a Deacon in his Church as long as he could go about. . .

DEPOSITION: JAMES W. DRAPER.

Witness was tax collector in 1849 and in 1853 Deputy Sheriff.

DEPOSITION: WILLIAM HAWKINS.

Knew Amos Kirkpatrick from 1818 to his death.

Said Rachel had raised the negroes.

In 1856, in Nov., Goodall was buried with Masonic honors. [First name of Goodall not given. -bp.]

DEPOSITION: JAMES A. RODGERS.

From 1851 up to '58 [I] was in the State of Illinois.

He [Amos Kirkpatrick] told me the reason why he made his Will. He got $1000 by Rachel before he paid for his land. Said what he had done for his first children for if they would make good use of it make them worth as much as Ray.

DEPOSITION: THOMAS J. ROSE [OR ROSS].

Knew Amos Kirkpatrick ever since I can recollect, 40 years.

In the fall of 1855, wrote a Will for him.

Recollect the provisions for his four living children, Milton Kirkpatrick, Polly Neall, Emily Williamson and Nancy Ross, wife of my brother John Ross.

DEPOSITION: [TORN]TON MOORE.

DEPOSITION: WM. F. PLUMLEE.

Witness was a doctor and waited on him [Amos Kirkpatrick] that year [1857] for pneumonia.

DEPOSITION: WM. P. HARRIS.

JUDGEMENT.

Supreme Court for the Middle Division of Tennessee at Nashville, Dec. Term 1870.

Ray Kirkpatrick et. als. vs. Milton Kirkpatrick et. als.

1 Feb. 1871.

. . . there was error in the Judgement and Proceedings of the Court below. It is therefore considered by the Court, that the Judgement of the Court below be reversed and annulled and this cause be remanded for a new trial. It is further considered by the Court that Plaintiffs recover of Defendants the costs of this Court for which execution issue.

OPINION.

Summary: lengthy discussion by the Judge, who believes that witnesses in general should not be able to state their opinion of whether a testator is of sound mind or not, which was allowed in the first trial. They should be allowed only to state the facts, witnesses to a Will and physicians excepted. -bp.

Deposition taken: 2 Nov. 1866.

DEPOSITION: RACHEL J. WADE.

Aged 21.

Grandmother, whose name was Rachel Kirkpatrick . . .

I was born in 1845. I am a granddaughter of Amos Kirkpatrick.

William Kirkpatrick's sale took place while I was there, and I think that was in 1856. [Probably estate sale. -bp.]

Quest. Say whether Henderson Williamson and his wife Emily are or not your father and mother?

Ans. They are my father and mother.

/s/ Rachel J. Wade

WILL OF AMOS KIRKPATRICK.

7 June 1856.

I give and bequeath to my wife Rachel Kirkpatrick the lands on which I now live and the negro slaves Tarlton and Mahala and Mahala's children, John and Betsy, for and during her life and at her death to my son Ray Kirkpatrick, if he should then be living and if he should die before my said wife then to his children if any, and if he should die without issue, then said land and negroes to go to and be the property of my heirs.

I also give to my said wife all my stock of horses, cattle, hogs and sheep and all my household and kitchen furniture and farming tools and utensils . . . and what may remain on the farm at her death to go to my son Ray Kirkpatrick. Also my clock.

I give and bequeath to my children Nancy Rose, Milton Kirkpatrick and Emily Williamson and Polly Ann Hall my two negro women, Malinda and Lucinda, to be equally divided among them.

I give and bequeath to my son Nero Kirkpatrick an 80 acre land warrant, which he has received. I have 279 acres in land warrants.

I give to the heirs of Ellis Kirkpatrick $100.

I give to the heirs of my deceased son Lewis Kirkpatrick $100.

I give to the heirs of my deceased daughter Elizabeth Davis $100.

I give to my son Fisk Kirkpatrick $50.

I appoint my sons Ray Kirkpatrick and Milton Kirkpatrick executors . . .

THE PETITION of William Kirkpatrick, Fisk Kirkpatrick, John Rose and his wife Nancy Rose, William A. Hall and his wife Polly Ann Hall, Joseph H. Williamson and his wife Emily Williamson, Albert Kirkpatrick, Sylvanus Kirkpatrick, Phillip Tinsley and his wife Mary Tinsley, citizens of Jackson County TN against Ray Kirkpatrick, Rachel Kirkpatrick, Pembroke Tinsley, Anna Tinsley, Alice Tinsley, Mary Tinsley, Nancy H. Tinsley, citizens of Jackson County TN, Nero Kirkpatrick, a citizen of the State of Missouri, James H. Kirkpatrick, Alfred T. Kirkpatrick, Syria Duckworth and her husband [blank] Duckworth, Crawford W. Kirkpatrick, John Kirkpatrick and [blank] Heartly and [blank] Heartly, citizens of the State of Arkansas, John T. Davis, Williamson M. Davis, Lewis Davis, Ellis Davis, Milton Davis, Emily Kirkpatrick and her husband Silas Kirkpatrick, citizens of the State of Illinois, defendants.

3 July 1862.

Amos Kirkpatrick died in Jackson Co. on the 9 day of Dec. 1861 possessed of an estate of land, negroes and other property worth perhaps 8 or 10 thousand dollars.

Milton Kirkpatrick declined to act as one of the executors. . .

. . . Rachel Kirkpatrick is the widow of said Amos Kirkpatrick, deceased, and your petitioners Milton Kirkpatrick, Fisk Kirkpatrick, Nancy Rose, Emily Williamson, Polly Ann Hall and defendants Nero Kirkpatrick and Ray Kirkpatrick are the only surviving children of said Amos Kirkpatrick, deceased. Your petitioners Albert Kirkpatrick, Sylvanus Kirkpatrick and Mary M. Tinsley are his grandchildren and children of his deceased son Ellis Kirkpatrick. Defendants Pembroke Tinsley, Anna Tinsley, Alice Tinsley, Mary Tinsley and Nancy H. Tinsley are minors and great grandchildren of said Amos Kirkpatrick, deceased, and children of his granddaughter Araminta Tinsley, a daughter of his deceased son Ellis Kirkpatrick. Defendants James H. Kirkpatrick, Alfred T. Kirkpatrick, Syria Duckworth are grandchildren of said Amos Kirkpatrick, deceased, and children of his deceased son Lewis Kirkpatrick and [blank] Heartly and [blank] Heartly are minors, great grandchildren of said Amos Kirkpatrick, deceased and grandchildren of his said son Lewis Kirkpatrick, children of his deceased daughter Sally Heartly; defendants John T. Davis, Williamson Davis, Lewis Davis, Ellis Davis, Milton Davis and Emily Kirkpatrick are grandchildren of said Amos Kirkpatrick, deceased, and children of his deceased daughter Betsy Davis--Lewis Davis, Ellis Davis and Milton Davis are minors.

They charge that at the date of the writing of the Will, Amos Kirkpatrick was not of sound mind. -bp.

Deposition taken: 26 Oct. 1866

[This pages in this group of depositions are frequently out of order. -bp.]

DEPOSITION: F. H. ARMSTRONG.

[First part is missing here; it occurs later.]

I suppose he [Ray Kirkpatrick] is the only child of Amos Kirkpatrick by his last wife. He [Ray] lived with his father.

I was absent from the state part of the time. I returned to this county in Aug. 1865.

/s/ F. H. Armstrong

DEPOSITION: AMANDA C. ROBERTS.

[First part of this deposition is missing here; the remainder follows that of Mary Waddle.]

Quest. You say Uncle Amos and Aunt Rachel--were they your uncle and aunt or do you call them so because they were old?

Ans. I call them so because they were old. They were not my uncle and aunt.

Quest. Did he [Amos Kirkpatrick] or not have several spells of sickness and what were his several diseases?

Ans. He had pneumonia and typhoid fever and intermittent and remittent fever.

/s/ Amanda C. Roberts

DEPOSITION: MARY WADDLE.

[This is the ending, the first part comes later].

Mary Waddle [her mark]

DEPOSITION: AMANDA C. ROBERTS.

[First part of that above].

Aged about 35 years.

I have seen him [Amos Kirkpatrick] have asthmatic spells . . .

DEPOSITION: FRANCIS H. ARMSTRONG.

[This is the first part of the deposition. The last part is above].

52 years old.

He [Amos Kirkpatrick] said he was opposed to dividing his negro property--and held out the idea that if he gave them to Ray--he would have to give him his other property to make a living for them.

I boarded at Amos Kirpatrick's while I was at work on a boat. It was in1857, 8 or 9.

Depositions taken: 26 Oct. 1866.

DEPOSITION: MARY ANN PETERMAN.

Aged about 31 years.

I heard him [Amos Kirkpatrick] say that his two black girls, Malinda and Lucinda, he wanted to be sold and the money divided among his first wife's children, and two small negroes named John and Betsy he wished to remain on the place to help support the old ones. He spoke of Tarlton and Mahala and his wife being old and that the young ones ought to support the old ones.

/s/ M. A. Peterman

DEPOSITION: MARY WADDLE.

[This is the first part, the last part was earlier].

Aged 55 years.

Deposition taken: 11 July 1866.

DEPOSITION: NANCY P. HARRIS.

They [Amos and Rachel Kirkpatrick] was in this town in the year 1856 at the house of Joel W. Settle.

[She later says] It was in 1856 when I saw him at my brother's, as stated before.

/s/ N. P. Harris

Deposition taken: 26 Feb. 1866..

DEPOSITION: RAY AND RACHEL KIRKPATRICK.

. . . the first epileptic convulsion they ever saw in him [Amos Kirkpatrick] was in the latter part of the year 1857. . . for some time previous to 1857 testator Amos Kirkpatrick was afflicted with a disease he called asthma.

Witnesses would say that when he had epileptic fits that they convulsed him and rendered him helpless and senseless but when they were off he recovered his reasonableness again.

Depositions taken: 16 Nov. 1871.

DEPOSITION: POLLY ANN HALL.

Aged 53 years.

I am a daughter of Amos Kirkpatrick, deceased.

He [Amos Kirkpatrick] died the 9th day of Dec. 1861.

Amos Kirkpatrick and William were brothers.

He [Amos Kirkpatrick] was born in the year 1779, 30th day of May . . .

Sister Nancy Rose was his [Amos Kirkpatrick's] child . . .

Quest. You will state what property and amount of money Rachel Rey brought to your father after he married her.

Ans. . . at her father's death she got a negro woman and child. . .

Quest. If your father said he sold the woman and child state it. . .

Ans. My recollection is that he told me it was a little over $500 he got then for the woman and child and the money that he got from the estate . . .

Mother [Rachel Kirkpatrick], if I have not forgotten, was born in 1793 . . .

. . . Uncle Billie Kirkpatrick's death, and he died the 7 day of March 1856. Ann Peterman, who was then Ann Jackson . . .

/s/ Polly Ann Hall

DEPOSITION: WILLIAM A. HALL.

Aged 61 years.

[I] married one of Amos Kirkpatrick's daughters.

He [Amos Kirkpatrick] bought the negro woman and the negro man at their request--because they wanted to live with him.

/s/ William A. Hall

DEPOSITION: WM. R. KENNER

Aged 65 years.

I have been a practicing physician for about 44 years.

/s/ W. R. Kinner

DEPOSITION: MILTON KIRKPATRICK.

Aged 64 years.

He [Amos Kirkpatrick] was postmaster of that place for a number of years.

Quest. Did not Jonathan Roberts marry the widow of Ellis Kirkpatrick, a son of Amos Kirkpatrick, was she then living and did not Amos Kirkpatrick decline to write Roberts' Will because he wished to bequeath a part of his estate to some illegitimate children of his in North Carolina?

Ans. [yes, to all of the above].

Quest. Is Scott McGlasson living?

Ans. No Sir, he is not living, been dead many years. He died in 1845.

I lived with him [Amos Kirkpatrick] until in Sept. 1833. I then went to Illinois and returned back to father's in May, stayed there till the 6th of Aug. and married and lived in about one mile and a half until the following April in 1835, and moved to Sugar Creek, a distance of four miles. I lived there until the fall of 1839 and moved back to my father's in law about one mile and a half as above stated. In the spring I moved on to father's land in two or three hundred yards of his house. This was in 1840. Stayed there until the fall of 1841, then moved back across the river to my father's in law, one mile and a half. Lived there till July 1845, then moved from there to Mill Creek, a distance of five or six miles. There I lived till the Spring of 1848 and then moved to where I now live. [21 or 22 miles from where his father lived].

Quest. When did he [Amos Kirkpatrick] buy the negro Tarlton and from whom?

Ans. I do not know the exact time. It was between the dates 1848 and 1854, I think. He bought him from Annie Roberts, I understood.

[Ray Kirkpatrick] was born in the year 1834.

/s/ Milton Kirkpatrick

Deposition taken: 16 May 1872.

DEPOSITION: NANCY KIRKPATRICK.

Aged 43 years.

. . . my father in law, Wm. Kirkpatrick . . .

I lived . . .on Wm. Kirkpatrick's farm in 1857, 1858, 1859 and 1860, then moved from that place in Jan. 1861 . . .

. . . my husband, Michael Kirkpatrick . . .

. . . Henry, a black man of William Kirkpatrick's.

. . . all the negroes of William Kirkpatrick were good negroes except Jim . . .

/s/ Nancy Kirkpatrick

Deposition taken: 30 Aug. 1871.

DEPOSITION: EMILY WILLIAMSON.

Aged 54 years.

I am a daughter of Amos Kirkpatrick, deceased.

I was born in 1816 and he died in the year 1861.

I was married in '39 . . .

After I left there [her father's house] in Jan. of '39 . . .

He [Amos Kirkpatrick] was born the 30th of May 1779, as shown by the family record.

When I say mother, I mean Rachel Kirkpatrick, who is my stepmother.

I was gone to Texas about 12 months. Except that time, I have lived within about 22 miles of him [her father] up to the time he died from the time I was married.

Emily Williamson [her mark]

Deposition taken: 11 May 1872.

DEPOSITION: R. C. KIRKPATRICK.

About 46 years old.

I was raised on an adjoining farm, and his [Amos Kirkpatrick's] farm and my father's joined.

I have been a retail merchant for many years before the 7th June 1856, and still am.

/s/ R. C. Kirkpatrick

Depositions taken: 21 Aug. 1871 at the residence of John C. Rash in the town of Salina, County of Saline and State of Kansas.

DEPOSITION: JOHN C. RASH.

Aged 39 years.

I knew him [Amos Kirkpatrick] up to March 1859.

I moved to the Big Bottom in year 1855, near Amos Kirkpatrick, about a quarter of a mile from him. And I lived there until March 1859, a little over three years.

/s/ John C. Rash

DEPOSITION: LUCRETIA RASH.

Aged 33 years.

[I] was raised within two miles of [Amos Kirkpatrick].

He [Amos Kirkpatrick] was at my house when his brother died and word was sent him that his brother William was dead and all the remark he made was "well, I always said I should live to be older than any of my brothers . . .

/s/ L. A. Rash

ANSWER OF PEMBROKE L. TINSLEY, WILLIAM H. DENTON AND HIS WIFE ANNA DENTON, ALICE TINSLEY, H. H. HEROD AND HIS WIFE MARY J. HEROD AND WILLIAM ROBERTS AND HIS WIFE NANCY H. ROBERTS TO A BILL OF COMPLAINT OF ALBERT KIRKPATRICK AND OTHER COMPLAINANTS.

19 May 1877.

Respondents admit that said cause was tried by a jury in the Circuit Court of said county at July term of 1867 and a verdict was rendered and judgement pronounced in favor of the contestants from which an appeal in error was granted to the Supreme Court of the State of Tennessee and at [blank] term 18[blank] of said Supreme Court said judgement of the Circuit Court was reversed and the cause remanded for a new trial. The cause was again tried in said Circuit Court at Sept. term 1872 and a verdict was rendered and judgement pronounced that the script propounded as the Will of Amos Kirkpatrick was his Will and the same was thus probated in solemn form and judgement was rendered against the contestants for the costs of the suit. The cause was again appealed in error to said Supreme Court and at Jan. term 1877 of said Court the judgement of the Circuit Court was affirmed with costs.

These complainants didn't think they should have to share in paying the costs of the suit, as they did not make themselves parties to the suit. -bp.

Deposition taken: 18 April 1867.

DEPOSITION: MRS. MARGARETT FERGUSON.

Aged 70 years.

I became acquainted with [Amos Kirkpatrick] in 1818 and I continued to be acquainted with him until 1850 when I married Mr. Ferguson and I was some in his company after that. I lived within one mile of him until 1848, a neighbor, in which year I married Mr. Farmer and moved to Indiana, and moved back to Tennessee the same year in Dec. In 1850, Oct., I married Mr. Ferguson and moved within six weeks thereafter. I moved to Salt Lick in Macon County, about 24 miles from Amos Kirkpatrick.

My first husband, James Kirkpatrick, a brother of Amos, went deranged. James Carlisle and Chism Kirkpatrick, nephews of Amos Kirkpatrick, were deranged. Chism has been to the asylum at Nashville twice.

/s/ Margaret Ferguson


NEW: KIRKPATRICK, W. B. VS. KIRKPATRICK, MARTHA L. E.
CHANCERY, 1915.

BILL OF COMPLAINT.

He and the defendant were married in Jackson County, TN about June 1906, where they lived ever since their marriage . . .

. . . about a year [after their marriage] defendant went to Nashville and was soon thereafter followed by one [blank] Vanhoozer who stayed with her a few days when her brother went after her and brought her back home. She told complainant she was forced to leave on that occasion . . . complainant took her back.

. . . she failed to keep her word with him, and again went astray with one Walter Smith.

. . . she left home and has been living with said Smith in adultery . . .At the March term of the Criminal Court for Jackson County defendant and said Smith were indicted for lewdness. They were tried at the July term of said Court but were acquitted.

Defendant has given birth to three children since her marriage to complainant, two of which are boys and one a girl. The eldest child is a girl eight years old and named Arie B., the second child is a boy, seven years old, named Levin H. C., and the last one a boy, eight months old and named Ben Franklin. Complainant has the two oldest children, but defendant has the baby. Complainant has reasons to believe that he is the father of the two oldest children, but does not believe he is the father of the baby. He asked defendant on one occasion who was the father of the baby and she told him that she did not know.

Both [of the older children] are now with complainant's mother. . .


NEW: KITTRELL, W. I. & WIFE VS. BILES, WM. & OTHERS.
CHANCERY, 1898.

DEED.

12 March 1884.

Whereas on the 4th day of Sept. 1871 my father, A. W. Draper, purchased from one Thos. L. Pointer for the consideration of $4500 the tract or [unreadable] of land hereinafter mentioned and described and whereas the said A. W. Draper paid for said land out of the means of my mother, Elvira Draper, which had been paid to her by her father J. G. Cunningham as an advancement with the understanding and agreement that the title thereto should be made to her. And whereas the said A. W. Draper took title to the same in his own name, and whereas the said A. W. Draper died intestate leaving the undersigned J. R. Draper together with Lula Draper and Robert L. Draper his only children and heirs at law to whom on the death of A. W. Draper the legal title to said lands descended.

Now therefore on account of the promises and in consideration of the sum of $1000 to us in hand paid, the receipt of which is hereby acknowledged, we, J. R. Draper and his wife Nettie Draper do hereby transfer and convey to the said Elvira G. Draper the entire one third undivided interest of the said J. R. Draper in the following described tract or parcel of land, to wit, lying and being in the 15 District of Jackson County TN on the waters of Jenning's Creek, Beginning at the mouth of Pine Lick fork of said creek . . . Wilson M. Huddleston and Lemuel Cherry tract, being the line originally made between David Myres and Samuel Dewitt and Thomas Price . . . a field known by the name of the Luke L. Price orchard field . . . the John Payton 365 acre tract . . . corner of a 200 acres tract of Isaac White's . . . boundary of a 900 acre military survey granted to David Dixon . . . tract of 200 acres granted to Londy [?] K. Witcher . . . line between David Myres and John McDowell . . . John Payton's 365 acre tract . . . line between Thos. L. Painter and Ensley Willman formerly the line between David Myres and Ensley Willmon . . . line marked by David Myres and Leander Jones . . .containing about 370 more or less.

Also the undivided interest of the said J. R. Draper unto the following tract of land, lying in said district on Jenning's branch of Jenning's Creek, beginning . . . boundary line of Isaac White's 200 acre tract . . . containing 100 acres more or less. Also the interest of J. R. Draper in the following described tract of land, lying in said district and said branch, adjoining the first mentioned tract, beginning . . .

/s/ J. R. Draper

/s/ Nettie Draper

THE BILL OF COMPLAINT of Elvira G. Kittrell and her husband William I. Kittrell against William Biles and H. C. Hix, all of Jackson Co. TN.

Summary: the Kittrells' say that William Biles has unlawfully entered upon her land. Later testimony in this case shows that William Biles bought a piece of land from H. C. Hix, and both the Kittrell's and Hix claimed this land. William Biles built a store on the land after he bought it. -bp.

Deposition taken: 19 Nov. 1897.

DEPOSITION: JOHN RAINES.

I will be 66 years old the 20 day of next Feb. I live in Jackson County, north of Green [?] Spring.

I had a girl born that year, the 31st day of Jan. I set her age down and she was 22 years old last Jan. That's what makes me remember it [when the survey was done]. Her name is Sally.

/s/ John Raine

Depositions taken: 28 July 1897.

DEPOSITION: BAILEY CARTER.

I am 55 years of age. My residence is Whitleyville. My occupation is farming.

Quest. How far do you live from said land [in dispute]?

Ans. About 1/4 mile.

Quest. How long have you lived that close to it?

Ans. At different times I have lived about 15 years that close to it.

Quest. What is the greatest distance you ever lived from said land?

Ans. I have never lived more than four miles from the lands. I made a trip to Missouri and back and never lived no where but here.

Bailey Carter [his mark]

DEPOSITION: MRS. CELIA HIX.

My age is 59 years. I live on Jennings Creek in Jackson County. I lived at two different times near C. C. Hix while he lived at the A. C. Dixon old place and near Wm. Biles store. The first time I lived there was in the year 1879 and then in a year or two after that I moved back to the same place having moved away from there in meantime to Burn's.

Celia Hix [her mark]

DEPOSITION: JOHN J. MC CAIN.

My age is 71 years and reside in the 13th District of Jackson Co. TN. My occupation is farming.

Mr. [A. W.] Draper's widow, now Elvira Kittrell . . .

James W. Draper. . . is dead. He was the father of A. W. Draper.

[James W. Draper] was about 70 years old when he died. [He has been dead] about 19 years from my recollection.

/s/ John J. McCain.

DEPOSITION: BAILEY CARTER RECALLED.

Bailey Carter [his mark]

DEPOSITION: MRS. CELIS HIX RECALLED.

Celia Hix [her mark]

DEPOSITION: GEORGE W. BIRDWELL.

My age is 60 years. My residence Whitleyville and my occupation is farming.

/s/ G. W. Birdwell

DEPOSITION: THOMAS P. MYERS.

My age is 57 years. My residence is the 13th Civil District of Jackson Co. My occupation is farming.

Quest. Are you a son of David Myers?

Ans. Yes, Sir.

Quest. Did your father ever live on the tract of land known as the Leonard Jones and A. W. Draper tract? If so, how long, of your knowledge?

Ans. He did. He was living there when I could first remember and continued to live there until I was 14 years of age.

Quest. To whom did your father sell said tract of land?

Ans. To Leonard Jones.

. . . my brother Abe . . .

/s/ T. P. Myers

DEPOSITION: BAILEY CARTER, RECALLED.

Bailey Carter [his mark]

Deposition taken: 6 March 1897 at Wichita Falls, Texas.

DEPOSITION: JOHN MYERS.

Age 66 last Sept., residence Wichita Co., Texas.

I was born and raised in Jackson Co. TN. I resided there until I was about 23 years old.

I lived in said county in one place only, and that was Big Springs.

[David Myers] was my father.

I removed from Jackson County TN about the year 1852 or 1853.

I have been back to said county four or five times since I removed away.

. . . my brother Jonas . . .

/s/ John Myers

Deposition taken: 5 March 1898.

DEPOSITION: ANN PAINTER.

Aged 68 years. My residence is in Putnam County.

[T. T. Painter] was my husband. He once owned said land. He bought it from Lon Jones and sold it to Asberry Draper, about 1861 or 1862. It was in time of the war.

I expect [Leonard Jones] is dead. I do not know. He moved to Kentucky and I have not heard from him in a long time.

I think [my husband] bought [the land in dispute] in the fall of 1855.

Ann Painter [her mark]

Deposition taken: 8 Dec. 1897 at Newtonia, Newton County, Missouri.

DEPOSITION: WILLIAM MYERS.

I was 63 years old in Oct. 1897. I live near Newtonia, Newton County, Missouri. My occupation farmer.

David Myers was my father.

Deposition taken: 8 March 1897 at Newton County, Missouri.

DEPOSITION: JONAS MYERS.

I am 68 years of age. My residence is Waddell, Newton County, Missouri. My occupation is farmer.

Born and raised in Jackson Co. TN.

I moved from Jackson Co. two times.

Haven't been back since 1872.

My father, David Myers . . .

/s/ Jonas Myers

DIAGRAM OF THE LAND IN DISPUTE.

Drawn by C. C. Hix.

Deposition taken: 1 Feb. 1898.

DEPOSITION: JOSEPH HIX.

Aged 63 years.

I live near Whitleyville, Jackson Co. TN and am a farmer.

. . . Biles Bros. Store and Kittrell's Store.

/s/ Joseph Hicks

Depositions taken: 2 Feb. 1898.

DEPOSITION: T. C. QUARLES.

I am near 77 years of age. I live on Jenning's Creek, Jackson Co. TN. Occupation farmer.

I came here [to the 13th District] in 1849 and have lived here ever since.

[Tom Painter] married my sister.

I was Justice of the Peace for Jackson County for four or five years. I went out of office some eight or ten years ago.

[John McDowell] is dead.

I am and have been a minister in the Cumberland Presbyterian Church for upwards of fifty years.

/s/ T. C. Quarles

DEPOSITION: J. M. WILMON.

I am 68 years old. Live on Jenning's Creek, Jackson Co. TN and am a farmer.

Quest. How long have you lived on Jenning's Creek?

Ans. Since 1851 or 1852.

. . .[John McDowell's] death, which occurred something like ten years ago.

/s/ J. M. Willmon

DEPOSITION: S. F. HASTEND.

I am 63 years old. Am a farmer and I live in Clay County, TN.

I lived in Jackson County before Clay County was formed. I lived in Jackson County all my life until I was cut off into Clay.

I lived on Jenning's Creek . . . for three or four years, between the years 1864 and 1870.

/s/ S. F. Hestand

DEPOSITION: W. C. BILES.

I am 43 years old, a merchant and live at Whitleyville, TN. Am one of the defendants. [Have lived at Whitleyville] about four years.

Quest. Are you in possession of the land in controversy?

Ans. Yes, Sir, I suppose I am. I have a store house on the land. I bought it from C. C. Hix about four years ago.

/s/ W. C. Biles

DEPOSITION: C. C. HIX.

Age 54. Farmer. Live in Macon Co. TN. I lived on the Creek [Jenning's] ever since I was a small boy and forty or fifty years until I removed to Macon Co. in Aug. 1897.

Depositions taken: no date.

DEPOSITION: ELVIRA G. KITTRELL.

A. W. Draper . . . was my first husband. We bought the land described in the deed from T. T. Painter to A. W. Draper in 1863. I was present when the trade was made. . . and heard Painter tell my husband the lines and corners . . .

. . . the death of my husband in July 1881.

She says that all of her children eventually deeded their share of the land to her. -bp.

I married complainant W. I. Kittrell in 1887 . . .

DEPOSITION: WILLIAM GORE.

I am a practicing surveyor.

DEPOSITION: JOHN J. GORE.

I am a practical surveyor.

DEPOSITION: C. C. HIX.

DEPOSITION: BAILEY CARTER.

DEPOSITION: ALEX BILBREY.

I am a son of Celia Hix.

I am living in Clay County. I am living on Trace Creek.

DEPOSITION: W. I. KITTRELL.

[Bill Biles] said his brother had come from Texas and he wanted to go in with him [in the mercantile business].

Mrs. Draper and I were married Feb. 23, 1887.

DEPOSITION: MRS. ELVIRA G. KITTRELL, RECALLED.

DEPOSITION: W. C. BILES.

James Biles is my brother.

End of Reel #88

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Jackson County Coordinators
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