Jackson Co., TN Loose District/Chancery Court Papers
Reel #94, Lyon - McCarver
"L" Divorces
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: LYON, W. W. ET. AL. VS. WOODFOLK, W. W. ET. AL.
CHANCERY, 1870 - 1888.

LETTER.

Nashville, March 26, 1860.

Jas. S. Lyon, Esqr.

Dear Sir,

In consequence of purchasing a plantation and thereby incurring a heavy liability, I have to make collections of my outstanding debts and [paper fold] of the principal and interest on your note for $1629.28, bearing interest from the 25th Dec. 1841, credited 12 July 1849 with $1000, on 12 April 1850 with $500 and on the 15th Feb. 1858 with $100, making in all paid of the principal $1600, leaving now due and owing of principal and interest upwards of $1300. I am in the want of the money and flatter myself that after the long indulgence which I have given that it may be convenient for you to pay it. I am sorry that it was not convenient for you to attend the division of the Estate of Negroes, as there are some things connected with the business of the Estate that may be of importance to you in a pecuniary point of view. I cannot well explain in a letter all the matters and things that I wish to communicate to you, but will allude to some of the most important ones. Do you know or does Patsy know if a deed made by my Father in 1829 to Brother Joseph for 1500 acres of land in Jackson Co. and for part consideration on the part of Joseph he agreed to convey to my Father about 4 or 500 acres of land in Madison Co. where you resided, his undivided interest in the 2074 acre tract. Did he convey the land to Father and did Father convey the land to you and Patsy, if so, are the deeds registered? I wrote the deed from Father to Joseph for the 1500 acres and have a copy of it. William Pate and [paper fold] witnesses to it and I may have written the other deed and if so I should like to see them, and I understood that the deed from Father to Joseph was in the hands of Austin after the death of Joseph, and it may yet be in the hands of Austin's heirs. I tried to explain to all the heirs that were up at the division of the Negroes what I knew about it and am fearful that it may cause some trouble if the deed is produced and it may without it. I presume that most of the heirs are aware of the fact that my Father, up to his death, listed and paid the Taxes on some 400 acres of land in Joseph B. Woodfolk's heirs name--most of which land was Granted to him and belongs to his Brother and Sisters and Mr. Quarles informed me that the Heirs of Brother Jo would have to petition Court for a division or sale of his lands, as some of Austin's children are minors and sister Sally I learn is not capable of any business and he also stated that in the petition for a division of his land among the Heirs, that all the land that is owned must be [unreadable] or designated, and therefore it is important to know if Joseph made Father a deed and if Father made you and Patsy a deed to the land in Madison, and are those deeds on record. If so, there comes up the question is Joseph's heirs entitled to the 1500 acres of land and until this matter is settled, I am advised by counsel that the land cannot be divided among the heirs under the will of my Father and I am advised that it is my duty as Executor, and knowing these facts, not to mislead or withhold this information. Knowing however how much it may operate against my interests and Patsy and some of the rest of the heirs are aware of it. I was anxious for all of the heirs to consent for the commissioners to allot to me the old Negroes that nursed and stood by the dying bed of my departed Father, as it was his wish that I should take care of them, and as I was willing to take less than a full share provided that I could get them, and I have been heretofore very anxious that there should not be any litigation among the Heirs and have done all that I could to prevent it, but it seems to no effect, as I was fearful, the Heirs in the will would loose by it, but your son Wade informed the Heirs, while up, that he would go to law and it is understood by the Heirs and the people in the neighborhood and for my part I have now no objection to it as I wish and shall contend in justice to myself for a full and thorough investigation into all my acts.

Please show this letter to Patsy and then let me know what disposition you and her wish made of her interest in Joseph's lands. I expect to leave on tomorrow by boat with my Negroes for Grand Lake, Arkansas. My children join me in our love to you all.

Yours [unreadable]

Wm. W. Woodfolk

Deposition taken: 1888.

DEPOSITION: J. S. QUARLES.

My father, James T. Quarles . . .

/s/ Jno. S. Quarles

Deposition taken: 1 Sept. 1877.

DEPOSITION: R. A. COX.

This is a lengthy explanation of his term as receiver of the Woodfolk lands. -bp.

THE BILL OF COMPLAINT OF JOHN L. QUARLES of Jackson Co. TN & William Woodfolk of Davidson Co. TN against William W. Woodfolk of Jefferson Co. KY, Eliza A. Miller, Martha D. Lyon, Wade W. Lyon, Benjamin Barr, James Elrod, L. T. Lindsey and his wife Letitia Lindsey, C. T. Bates and his wife Martha Bates of Madison Co. TN, John T. Oats, Samuel Oats, John Oats, James Oats, Sally Oats and Dixie Oats of Monroe Co. Arkansas, the last five minors, Samuel W. Lyon of Shelby Co. TN, B. L. Rozell and his wife Elizabeth Rozell of Coahoma Co. Mississippi, J. R. Buist and his wife Laura Buist, John B. McEwan, John Marshall and Eliza Marshall of Davidson Co. TN, the last two minors, David Campbell of Williamson Co. TN, Joseph B. Woodfolk, Dustin Woodfolk, Henry Slack and his wife Louisiana T. Slack and Sarah J. Woodfolk of Louisiana.

No date.

Said Sarah K. Barr died intestate and James Elrod, Letitia, wife [of] L. T. Lindsey, Martha Bates, wife [of] C. T. Bates, John Oats, Samuel Oats, James Oats, Sally Oats and Dixie Oats are her heirs and defendant Benjamin Barr was her husband and defendant John T. Oats was the husband of her deceased daughter Mary E. Oats.

DEED.

5 Sept. 1881.

This indenture made and entered between Meary F. Lyon, a resident of the County of Madison and State of Tennessee of the first part and Eliza H. Lyon, Jennie R. Lyon and Meai Dyette Lyon of the second part, residents of said County and State, witnesseth that for and in consideration of the love and affection she has for the said parties of the second part above named and for the further consideration that the lands hereinafter described should have descended to them through their late father, Wade W. Lyon, I have this day bargained and sold and by these presents do bargain, sell, alien and convey unto the said Eliza H. Lyon, Jennie R. Lyon and Meai Dyette Lyon, their heirs and assigns forever to their sole and separate use free from the debts or liabilities of any future husband either of them may have in and to the following described tracts or parcels of land situate, lying and being in the 15th Civil District of Madison Co. TN, saving and reserving unto myself the use and occupation of the same during my natural life, together with the rents and profits arising therefrom and the right to use the timber on the same for all necessary purposes of the farm and for myself as I may see fit--and to divide the same if I see proper between my three children above named. When they or either of them Mearry, share and share alike in value, quality and quantity . . . containing by estimation 1413 23/160 acres. Also one other tract containing about 45 acres . . .

BILL OF COMPLAINT.

No date.

W. H. Simrall and his wife Sarah J. Simrall, Henry R. Slack and his wife Louisiana T. Slack, Joseph B. Woolfolk, a lunatic who sues by Henry R. Slack in the capacity of Executor of the last will and testament of Austin Woolfolk, Jr., dec'd, all of whom are citizens of the State of Louisiana, bring this, their bill, against John S. Quarles and William Woodfolk, both of Jackson Co. TN, H. W. Williams, receiver in the case of Lyons et. al. vs. Woodfolk and others.

No date.

About the year A.D. 1829 and for many years prior thereto, William Woodfolk, grandfather of the defendant of the same name, was a citizen of Jackson Co. TN.

He was then the owner in fee of about 5000 acres of land in said county, and a considerable portion of this land was improved and cultivated. He had been twice married. By his second wife he had no issue, but by his first wife he had seven children and no more, four sons and three daughters, who lived to be grown.

His four sons were: Austin, William W., Samuel M. and Joseph B. and his three daughters were: Martha D. (afterwards the wife of James S. Lyon,) Sarah K. (who first married Elrod and then Benjamin Barr,) Eliza A., who became Mrs. Miller. Austin was the oldest and Joseph B. the youngest of these seven children.

The second marriage of the said William Woodfolk led to an estrangement between him and his son Austin, and perhaps others of his children, and Austin changed his residence to the State of Louisiana some time prior to 1829. Austin spelled his name Woolfolk; his father spelled his Woodfolk.

Joseph B. Woodfolk, the youngest child aforesaid, had about this time (A.D. 1829) become engaged in the business of Negro trading in Louisiana and had accumulated some property, particularly 1. an undivided interest in a valuable tract of land in Madison Co. TN, which undivided interest amounted to about 414 acres. 2. a tract of rough, unimproved, hilly land in Jackson Co. TN, adjoining the 5000 acres of his father. This 400 acre tract is known as the Kirby tract.

About Oct. 12, 1829, said William Woodfolk in consideration of his son Joseph agreeing to convey to him said valuable tract of 414 acres in Madison Co. Went TN and also in consideration of said Joseph B. agreeing to give up the business of Negro trading and to come and live with his father in Jackson Co. TN, he (the father) agreed to convey to his son about 1500 acres of land in Jackson Co. TN, which constituted the most valuable part of said 5000 acres. It contained the best land and the most valuable improvements, the residence, out-houses, barns, etc. and if not then it did afterwards have on it a valuable Mill. So that this 1500 acre tract was about A. D. 1870 and is now probably worth between $10,000 and $15,000. Complainants cannot state it's exact value. It's rental value is between $1800.00 and $2000.00 per year in the hands of a receiver. The father stipulating for an estate in the same for and during his own life. And on said last mentioned date, to wit, Oct. 12, 1829; conveyances were executed by and between said father and son, in accordance with their said agreement.

And on the same day, for natural love and affection, said William Woodfolk conveyed by the entirety said 414 acres to his daughter, Martha D. Lyon and her husband, James S. Lyon.

All three of said deeds just above mentioned as having been executed on Oct. 12, 1829, were drafted by said W. W. Woodfolk, and he took and preserved a contemporaneous copy of the deed from his father to his brother Joseph, conveying said 1500 acres as aforesaid, but neither the original deed nor this copy was ever registered, as complainants are informed and believe. The deed conveying said 1500 acres will be hereinafter designated as the deed of Oct. 12, 1829.

In a short time after Oct. 12, 1829, said Joseph B. Woodfolk went to New Orleans LA to wind up his business there as a Negro trader, taking with him the deed which conveyed said 1500 acre tract, in accordance with their said agreement, but without ever having returned to TN, he departed this life in the winter of the year 1830, in the State of LA, without issue and unmarried.

His remainder interest in said tract of 1500 acres thereupon descended in equal shares to his said three brothers and three sisters, to each one undivided sixth part.

The deed of the said William to his son Joseph as aforesaid was never registered and after the death of the said Joseph, his trunk was sent back from LA to TN, containing said deed, and thereby said deed came into the possession of said William Woodfolk, who took and destroyed or suppressed the same, hoping and intending thereby to prevent his son Austin in LA from ever hearing of the deed and from claiming and having under it any interest in said 1500 acre tract.

However, on July 8th, 1835, said Samuel M. Woodfolk, in consideration of $35,000.00 to him in hand paid executed a deed by which he conveyed to his brother, Austin Woolfolk, a large amount of personal and real property, and among other recitals of property therein conveyed, to wit: Also all the interest which he, the said Samuel M., now has or may hereafter have as heir at law of Joseph B. Woodfolk, dec'd, to two tracts of land belonging to the estate of Joseph B. Woodfolk, one of which being the same conveyed by Jesse Kirby (by deed) bearing date 12 day of Oct. 1829, to take effect after the death of the said William, to the said Joseph B., said last two mentioned tracts situated, lying and being on Salt Lick creek in Jackson Co. TN. Samuel M. Woodfolk died several years after 1835 and this deed of Samuel M. to Austin was forgotten and overlooked for a long time by everyone. It was registered in Madison Co. but not elsewhere, as complainants are informed and believe. None of these complainants had any knowledge of said deed of Sam'l M. Woodfolk to said Austin Woolfolk until within about one year next preceding the filing of this bill. By virtue of this conveyance, said Austin became seized of another undivided one sixth interest in said 1500 acre tract, subject to life estate, so that in all said Austin had in fee simple an undivided one third interest therein.

About Feb. 1847 said Austin Woolfolk departed this life testate in the City of Baltimore MD, though then domiciled in the State of LA.

He left large estates in TN, Maryland, and Louisiana and his will, which was duly executed to pass both realty and personality, was regularly probated, admitted and recorded in each of said three States . . .

The said Austin Woolfolk left surviving him his widow, Emily Woolfolk, and their five children (his only heirs at law), three sons and two daughters, as follows, viz.; Austin, Joseph B., Samuel, Louisiana T., who on the 9th day of July 1860 intermarried with her co-complainant Henry R. Slack, Sarah J., who on the 11th day of June 1872 intermarried with her co-complainant W. H. Simral. Samuel, the youngest child, being born only a few days before the death of his said father, but after the making of his father's will, and Samuel died in the year 1859, domiciled in LA, while yet an infant under 21 years of age, intestate, without issue and unmarried.

The will of said Austin Woolfolk, Sr., appointed Samuel Lancaster executor in and for the State of TN. He was appointed and qualified and acted as such for several years, but he departed this life about Feb. 1859 and no Administrator with the will annexed has ever been appointed in TN in his room and stead. In his will said Austin Woolfolk, Sr., directed that his executor in TN should convert all of his property, real and personal in said last named State (excepting slaves) into money, which he should pay to the testator's executor in LA for the benefit of the widow and children of the testator, as though such proceeds had formed a part of his property in the State of LA and he had died intestate in regard thereto. By which provision and the law of LA, the testator's widow, Emily Woolfolk, became entitled to receive one half of said Proceeds, and each of the testator's said five children one fifth of the other one half, or one tenth each. Said TN executor of the will of Austin Woolfolk, Sr., never sold, or in any manner disposed of, his testator's interest in either said 1500 acre tract or said 400 acre tract, which belonged to said Jo. B. Woodfolk as aforesaid at the time of his death.

By the death as aforesaid of Samuel, the youngest child of said Austin Woolfolk, Sr., his mother, by the law of LA, would inherit one fourth of his entire estate, real and personal, and each of his said four brothers and sisters would inherit one fourth of the remaining three fourths.

Austin Woolfolk, Jr., departed this life intestate in the year 1871, domiciled in the State of La, without issue and unmarried. By his will, a copy of which will be produced at the hearing, he left to his mother all that she was entitled to receive out of his estate as one of his forced heirs, which, by the law of LA, was one third of his entire estate, real and personal, and one half of the residue of his property he willed to his brother Jos. B. Woolfolk, and the other half of said residue he willed to his two sisters, Louisiana T., wife of Henry R. Slack, and Sarah J., now the wife of W. H. Simrall, in equal portions, and of this will, Henry R. Slack was appointed and is acting as executor, the will having been regularly probated and admitted to record in LA. There are no debts now outstanding against the estate of said Austin Woolfolk, Jr.

William Woodfolk, Sr., lived until about May 1859, when he departed this life testate, domiciled in Jackson Co. TN. By his will, which was duly probated, he appointed his own son, W. W. Woodfolk, executor without security. By the terms of this last named will, the widow and heirs of Austin Woodfolk, Sr., were expressly excluded from having or receiving any share or interest in the testator's estate.

Complainants now show to the Court that none of them ever had any knowledge or information of said deed of Oct. 12, 1829, by which said Joseph B. became vested with the remainder in fee of said 1500 acre tract of land as aforesaid, until within one year next preceding the filing of this bill. Knowledge of that fact was designedly kept from them by said William Woodfolk, Sr., and by his executor, W. W. Woodfolk, and also by the defendants John S. Quarles and William Woodfolk, and for a fraudulent purpose, in which fraudulent purpose all three of said parties last named participated as complainants are informed and believe, and as they charge.

There follows a lengthy substantiation of this charge, and a description of all the suits and countersuits. -bp.

. . . W. W. Woodfolk had an only daughter, Mrs. Laura Buist . . .

. . . about the 28th day of Sept. 1884, the said Emily Woolfolk departed this life intestate, domiciled in the State of LA . . .

Deposition taken: 15 June 1874 at Jackson, Madison Co. TN.

DEPOSITION: MRS. MARTHA D. LYON.

My name is Martha D. Lyon. My age is 69 years, and residence Main St., Jackson TN.

William Woodfolk was my father and Jo B. Woodfolk my youngest brother.

Quest. When was Samuel [her son] born?

Ans. In 1830.

Quest. Was or not your father at his death blind; how long had he been so, or partially so?

Ans. He had been entirely blind for eight years before his death and for five or six years before he became wholly blind he was partially blind.

/s/ M. D. Lyon

AFFIDAVIT.

22 May 1876.

. . . Sarah K. Barr, a party to the above consolidated causes pending in the Chancery Court at Gainesboro in said State, is dead, and that James Elrod of Madison Co. and the children of Oats of the State of Arkansas, whose names are unknown to affiant, are her heirs.

/s/ James T. Quarles

THE AMENDED BILL OF COMPLAINT OF WADE LYON, ET. AL.

No date.

. . . Samuel Elrod made and published his last will and testament, after which he died in the State of LA . . . Sarah Jane Elrod died intestate in Nashville, Davidson Co. TN 1862, without having issue, having never been married . . . Samuel Elrod died without issue having never been married . . .

Deposition taken: 24 Feb. 1887 at Franklin TN.

DEPOSITION: D. [DAVID] CAMPBELL.

Campbell & McEwan were the surviving members of the partnership of Campbell, McEwan & Marshall in the practice of law; Jno. Marshall was killed, and, if my memory serves me correctly, in June or July 1872, and the deponent and Jno. B. McEwan are the surviving partners of the firm . . .

/s/ D. Campbell

Deposition taken: 2 March 1887, Franklin TN.

DEPOSITION: JAMES D. PARK.

[In 1886 Quarles] proposed to employ a man named John Stafford to do the cutting and rafting [from Jackson Co.] to Nashville, that Stafford was a poor man with a family, and had lately had his house burned up and everything he had and he, Quarles, wanted to give him employment and help him along all he could . . . [Stafford] was a good, hard working man.

/s/ James D. Park

DEED.

25 Feb. 1829.

Summary: James Maney and his wife Sarah H. of Rutherford Co. TN and William Maney and his wife Martha A. of Williamson Co. TN sell to William Woodfolk of Jackson Co. TN, for $490, a tract of land in Jackson Co. TN on the North Side of Cumberland River on Salt Lick creek, bounded . . . corner of a 2560 acre tract granted by the State of North Carolina to S. [?] Nathaniel [?] Williams by Grant No. 44 . . . containing 1536 acres . . . it being all that tract or parcel of land that was conveyed by Grifton [?] Inland to Hardy Murphee, including said Hardy Murphee's locator's interest for locating said tract of 2560 acres, granted to Williams and which is a part of said original grant. And which 1536 acres were allotted to Sarah H., wife of said James Maney and Martha A., wife of William Maney, two of the children and heirs of Hardy Murphee, deceased, in the division of his estate amongst his children and heirs.

s/s James Maney, Sally H. Maney, W. Maney, Martha A. Maney

LAND GRANT NO. 6960.

28 July 1839.

. . . by virtue of Entry No. 2472 . . . entered on . . . the 6 day of Feb. 1837 . . . there is Granted by the State of Tennessee unto William Woodfolk a certain tract or parcel of land containing 170 acres . . . lying in said county [Jackson] on the west fork of Salt Lick creek and North Side of Cumberland River . . . Willeroy Pate's south boundary line . . . Veach's corner . . . William W. Woodfolk's line . . . Joseph B. Woodfolk's line . . .


NEW: LYON, W. W. ET. AL. VS. WOODFOLK, W. W. ET. AL.
[CONTINUATION OF PREVIOUS CASE.]
CHANCERY, 1870 - 1888.

Depositions taken: Dec. 1890.

DEPOSITION: F. A. CORNWELL.

I live in the 14th Civil District of Jackson Co.

I have lived close to said [Woodfolk] lands about 14 years . . .

/s/ F. A. Cornwell

DEPOSITION: T. K. HOLLIMAN.

55 years old.

/s/ T. K. Holleman

DEPOSITION: F. A. CORNWELL (recalled).

/s/ F. A. Cornwell

DEPOSITION: J. W. BROWN.

I know the lands in controversy. Have known it for the last twenty years. Have lived on it fifteen years. Moved off of it last year.

Bud Harris and I carried most of the timber off for him [Woodfolk]. There were five rafts carried from the falling water rock and fully half of a raft was took off from the bottom and mixed in with other timber got off the Tom Barrett lands.

/s/ J. W. Brown

DEPOSITION: H. P. HARRIS.

I have been living on the lands in controversy for only one year, but I have lived near it eighteen or twenty years.

I helped to cut very near all the valuable timber and a good deal of poplar timber.

I ran one of the walnut rafts for him. This raft had 91 or 92 logs. This was a good raft.

H. P. Harris

Depositions taken: 29 Dec. 1890.

DEPOSITION: FILMORE BUTLER.

35 years of age.

I helped to raft two rafts . . .

/s/ M. F. Butler

DEPOSITION: P. H. BURTON.

Aged 36 years.

I helped to raft one ash raft [unreadable] to Nashville on it. There was something over one hundred logs took in the raft.

/s/ P. H. Burton

DEPOSITION: J. H. HARRIS.

31 years.

I helped to cut a right smart of the timber carried off the lands in controversy by Woodfolk. I went to Nashville on a mixed raft containing poplar, ash and some walnut logs. I think there was about 100 logs in the raft.

J. H. Harris (his mark)

DEPOSITION: W. J. SULLIVAN.

23 years of age.

I also made a survey and was engaged six days as a surveyor.

[Unreadable] Givens and I are each practical surveyors . . .

/s/ W. J. Sullivan

DEPOSITION: W. N. DIXON.

Aged 65 years.

/s/ W. N. Dixon

DEPOSITION: H. C. MULLINAX.

Aged 43 years.

/s/ H. C. Mullinax

DEPOSITION: HENRY SHORES.

Henry Shores (his mark)

Depositions taken: April or May 1891.

DEPOSITION: F. A. CORNWELL.

/s/ F. A. Cornwell

DEPOSITION: M. F. BUTLER.

35 years of age.

/s/ M. F. Butler

DEPOSITION: J. B. THOMAS.

41 years old.

/s/ J. B. Thomas

Depositions taken: 4 May 1891.

DEPOSITION: M. J. DIXON.

24 years of age.

/s/ M. J. Dixon

Deposition taken: 5 May 1891.

DEPOSITION: F. A. CORNWELL.

/s/ F. A. Cornwell

DEPOSITION: U. L. C. PEARSON.

48 years old.

I went on one poplar raft to Nashville.

I never went but one trip to Nashville with Woodfolk.

H. L. C. Pearson (his mark)

DEPOSITION: H. P. HARRIS.

/s/ H. P. Harris

Deposition taken: 28 Jan. 1891 at Columbia TN.

DEPOSITION: WILLIAM WOODFOLK.

I think it was in Jan. 1883. It was after John Buchanan left for Texas.

/s/ W. Woodfolk

Deposition taken: 1 March 1886 at Nashville TN.

DEPOSITION: WILLIAM O. VERTREES.

. . . my brother and partner, Mr. Jno. J. Vertrees.

Deposition taken: 24 Feb. 1886 at Franklin TN.

DEPOSITION: WILLIAM WOODFOLK.

About 48 years of age.

I married in the City of Nashville on 1st March 1883 at 3 o'clock P. M. Miss Lizzie Porter. She was born in Columbia TN as I learned. She resided at the time of my marriage with her in the City of Nashville.

/s/ William Woodfolk

Deposition taken: 6 March 1880 at Castalian Springs, Sumner Co. TN.

DEPOSITION: WILLIAM WOODFOLK.

. . . my father W. W. Woodfolk . . .

/s/ William Woodfolk

Depositions taken: 28 July 1881.

DEPOSITION: JAMES T. ANDERSON.

I am acquainted with the lands mentioned [the Woodfolk lands]--have been renting out and collecting rents of the same for some time.

I was one of the Commissioners who acted in the partitioning of said land . . .

/s/ J. T. Anderson

DEPOSITION: R. A. COX.

I rented them [the Woodfolk lands] out as Clerk & Master and receiver for the years 1869 to 1873, inclusive.

/s/ R. A. Cox

Depositions taken: 20 Jan. 1887.

DEPOSITION: JOHN S. QUARLES.

/s/ John S. Quarles

DEPOSITION: D. W. HAWES.

I am acquainted with James Elrod of Jackson TN and am acquainted with the general character that he made while he stayed at Gainesboro a year or two ago, which was very bad. I was then keeping Hotel and he was stopping at my house and his conduct were so bad that I drove him off.

/s/ D. W. Hawes

Deposition taken: 21 through 26 Jan. 1887.

DEPOSITION: J. T. ANDERSON.

/s/ J. T. Anderson

Deposition taken: no date.

DEPOSITION: F. M. PRICE.

Aged 45 years.

I was tax collector of Jackson Co. for all the time mentioned in the question [1869 through 1871] and for some time previous.

/s/ F. M. Price

DEED.

12 Oct. 1829.

Summary: William Woodfolk of Jackson Co. TN conveys to Jas. S. Lyon and Martha D. Lyon, his wife, of Madison Co. TN, for the consideration of the natural love and affection he has for his daughter Martha D. Lyon, an undivided interest that Jo B. Woodfolk in and to a certain 2074 acre tract of land granted to Austin, Sam'l, Wm. W. and J. B. Woodfolk by Grant No. 16434, dated 26 Dec. 1821, being in Madison Co. TN on the South Fork of Forked Deer River, said interest amounting to about 414 acres.

/s/ Wm. Woodfolk

Depositions taken: 10 Dec. 1888 at Nashville TN.

DEPOSITION: JOHN A. HITCHCOCK.

Age 27. Residence 85 N. High. For the last two years I have been connected with my father in the agricultural business. Previous to that I was employed as salesman by Kriner Hitchcock. Same kind of business.

/s/ J. A. Hitchcock

DEPOSITION: JESSE ELY.

Age 50 years. [Residence] Nashville TN. Occupation merchant, and have been for twenty years.

/s/ Jesse Ely

DEPOSITION: J. G. HOUSTON.

Age 55 years. Occupation merchant and have been for more than thirty years.

/s/ John G. Houston

DEPOSITION: JOHN M. GANT.

I am 47 years old. I am a lawyer and reside in Nashville TN.

/s/ John M. Gant

DEPOSITION: JAMES L. RICE.

I am 63 years of age. My residence is Nashville TN and I am an attorney at law.

He [W. W. Woodfolk] was involved in all the litigations named in the first question and many others besides prior to the time named. The nature of the litigations with which I was connected was suits on plain notes of hand for the purchase of land and Negroes, stock and farming implements, etc. Before Judgement could be had on these, W. W. Woodfolk commenced the process of conveying all the tangible property he had, both in this State and Arkansas to his son, Wm. Woodfolk, in payment of a large debt--some forty odd thousand dollars--which he claimed he owed his son for services rendered, money loaned, etc. When Judgements were finally obtained in the Common Law Court--bills had to be filed in Chancery to remove clouds from the title to all the real estate, cast there by the numerous conveyances from the Father to the son. These conveyances were all pronounced fraudulent in all the Courts, and the property was subjected to the payment of W. W. Woodfolk's debts. The property subjected in Davidson Co. consisted of about seven acres of land in the heart of the City and some Bank Stocks.

/s/ J. L. Rice

Depositions taken: 16 through 19 Dec. 1888.

DEPOSITION: J. T. ANDERSON.

I reside in Jackson Co. TN. I was for a number of years Deputy Clerk of the Chancery Court at Gainesboro.

/s/ J. T. Anderson

DEPOSITION: SAM SMITH.

52 years old.

I live in Salt Lick, District No. 14 and join the Woodfolk lands and I have lived there 19 years.

/s/ S. A. Smith

DEPOSITION: JERRY RAY.

49 years old.

/s/ Jeramih Ray

Deposition taken: 19 & 20 Dec. 1889 at Davidson Co. TN.

DEPOSITION: BAXTER SMITH.

. . . my law office . . .

Judge David Campbell is dead. He died sometime during the year 1889 . . .

Judge Guild and I were law partners in Nashville from June 1865 to Sept. 1870.

/s/ Baxter Smith

THE SEPARATE ANSWER OF LIZZIE WOODFOLK to the Bill of Complaint of Baxter Smith.

3 Feb. 1888.

2nd. That the Respondent was born and raised in the County of Maury and resided in that County until sometime in the month of [blank] 1882.

3rd. That she went with her mother from the County of Maury at the time above mentioned to the house of W. K. Phillips in the City of Nashville, where her mother went to reside for a time certainly and with the probable intention of residing there permanently. Her home in Maury County had always been with her mother, and she continued to make her home with her mother on her mother's removal to Nashville.

12th. That the Respondent within a short period of her marriage went with her co-defendant, Wm. Woodfolk, to the County of Jackson and took up her residence on the land described in the Bill--has resided there part of the time since and part of the time in the County of Maury . . .

14th. That the Respondent states and avers that of and from her own knowledge that she paid for the erection or building of the house upon her own land in the County of Maury . . .

/s/ Mrs. L. Woodfolk


NEW: LYON, W. W. ET. AL. VS. WOODFOLK [continuation of previous case].
CHANCERY, 1870-1879.

Deposition taken: 25 May 1858 [Wm. Woodfolk vs. Elza Lee].

DEPOSITION: JOHN L. LEE.

Aged 27 years.

I am acquainted with the defendant Elza Lee. She has been living on the place where she now lives as long as I can recollect, except one year or near that. She was not living on the land once, then moved back on it, and she claims the land and exercises acts of ownership over it ever since I can recollect.

Quest. . . state if you are not a son of the defendant Elza Lee, and state whether or no Jesse Lee, the second husband of the defendant, had lived since you can remember. State whether or no he has lived with the defendant Elza Lee since you can remember.

Ans. I am a son of the defendant Elza Lee. Jesse Lee, the former husband of defendant Elza Lee, has not lived with my mother at any time since I can remember. I don't know where he has lived.

When I was living at Woodfolk's, which I think was 1850 or 1851, Woodfolk said to me that he would give mother $200 for all the tract of land on which she lived . . .

William Lee was living there at the time.

/s/ J. S. Lee

DEPOSITION: SILAS C. CORNWELL.

Aged 65 years.

I was acquainted with Jesse Lee when he lived in Jackson Co. I have seen him in Macon Co. I expect he left Jackson Co. about 1831, or soon after that time. I have some little acquaintance with Elza Lee. She lives on the place once owned by Rice Graves. I think she moved there soon after Graves left there, which I think is over thirty years ago.

Ever since he [Jesse Lee] left Jackson Co., they [Jesse and Elza] have been living separate and apart from each, but there was a short time after she moved on the Rice Graves land that Lee and his wife lived together.

/s/ Silas C. Cornwell

DEPOSITION: NANCY HOLCOMB.

53 years old.

I am a sister of Elza Lee. I live near about six miles from her, and that is as far as I have lived from her for thirty five years. A portion of the time I lived in the same yard, and other times close by her. I expect she has been where she now lives about twenty nine years.

I know the land on which she now lives.

Eliza Lee and her boys has occupied the land, cultivated it . . .

She has always claimed the land as her own as long as I have known it. I have frequently heard Woodfolk say the land was Elza Lee's land. I asked him how it was that Elza could keep her land and I could not keep mine, and that mine was gone, and he said that William Parrot furnished the money to buy Elza's land and he did not buy mine.

. . . it was Elza's land that her brother bought for her.

Jesse Lee was a drunkard and would spend everything that he could get his hands on for whisky.

. . . Sally Lee [male] . . .

Quest. Say whether you did not have a child before you were ever married and one after the death of your husband, of which children your husband was not the father?

Ans. I did.

Woodfolk told me that my brother, William Parrot, had left $50 for each of myself and Elza and when I went for the money he gave me an order to Shepherd [a merchant] for a small amount and said he had plenty of everything. I didn't think the order was for an amount exceeding $20, and he told me that William Parrot had written to him to advance each one of us $50 a year until he wrote to him to stop, but Woodfolk very soon told me that our brother was broke and that he could not advance anymore.

Woodfolk let me have some provisions and necessaries and he later told me afterwards that my brother, John Parrot, paid him all but a trifle for what I had got.

Nancy Holcomb (her mark)

Deposition taken: 8 Feb. 1858 at Lebanon TN.

DEPOSITION: RICE GRAVES.

On the 28th day of June 1828 I sold to William Woodfolk a tract of land in Jackson Co. and gave to him a bond for title. This bond was given a day or two after the trade was agreed upon, is dated 30th June 1828 and is here filed . . . At the time of the trade, Woodfolk said he wanted to put a poor woman on the land. Afterwards he paid me for the land, and I made the deed dated 6 Aug. 1830, here filed . . . At the time I made the deed, Woodfolk wanted me to make two deeds, one conveying to him all the land on the South side of the hill and the other conveying all of the land on the North side of the hill either to Elzy Lee or her brother, Wm. S. Parrot. I declined to do so, saying to him that I had sold him the land, he had paid me the money, and he could divide the land if he desired so to do.

Before that W. S. Parrot had left the county and was then absent. I do not know that Parrot furnished Woodfolk any part of the money. Woodfolk paid me for the land.

At the time [of] the trade, Woodfolk said to me that he wanted to buy all the furniture, grain, etc. that I did not desire to take with me for the woman who was to come on the place . . . The day I was moving . . . he had not bought my furniture, stock, etc. He said he had not because the money had not been furnished him, and that if he bought the things he would have to pay out his own money, which he would not do.

/s/ Rice Graves

Deposition taken: 16 &17 April 1874.

DEPOSITION: R. P. BROOKS.

I was a deputy surveyor under Daniel Morgan.

[William Woodfolk] was my mother's brother . . .

He [Wm. Woodfolk] had a good many slaves and had his lands cultivated by them.

/s/ R. P. Brooks

DEPOSITION: JOHN S. QUARLES.

/s/ John S. Quarles

DEPOSITION: M. L. GORE.

/s/ M. L. Gore

Deposition taken: 10 Aug. 1885.

DEPOSITION: JOHN H. STAFFORD.

I have been in the lumber business about fifteen years.

/s/ J. H. Stafford

Deposition taken: Aug. 1885.

DEPOSITION: T. B. DIXON.

/s/ T. B. Dixon

Deposition taken: 18 Aug. 1885.

DEPOSITION: GID H. LOWE.

Aged 26 years.

I have hauled and sold timber about five years . . .

/s/ Gid H. Lowe

THE PETITION OF WM. W. WOODFOLK of Davidson Co. TN, Eliza A. Miller of Madison Co. TN, James Elrod of Madison Co. TN, Austin W. Elrod of Arkansas, John T. Oates & wife Mary E., formerly Mary E. Elrod, of the State of Arkansas, Lindley T. Lindsey & wife Letitia A., formerly Letitia A. Barr, of Shelby Co. TN, filed against Martha L. Barr, a minor, daughter of Benjamin Barr of Madison Co. TN, Blackman L. Rozelle & wife Elizabeth, formerly Lyon, of Mississippi, Isham G. Searcy of Texas, Sam'l W. Lyon of Mississippi & Wade W. Lyon of Madison Co. TN.

Filed 4 June 1866.

Summary: William Woodfolk owned, among other property, 600 acres in Smith Co. TN. They ask that the lands be divided.

LAND DIVISION.

12 Jan. 1867.

Summary: description and plat of the four lots made of the 660 acre tract of land in Smith Co. TN, belonging to the William Woodfolk estate. Lot No. 1, of 174 acres, was assigned to E. A. Miller, Lot No. 2, of 187 acres, was assigned to Patsy Lyon's children, Lot No. 3, of 141 acres, was assigned to W. W. Woodfolk, and Lot No. 4, of 158 acres, was assigned to Sarah K. Barr's children.

Deposition taken: 10 Oct. 1878.

DEPOSITION: R. A. COX.

45 years old.

I am a practicing attorney and have been such for about twenty years. I was licensed to practice law sometime in the year 1858.

. . . Judge DeWitt, who was my partner . . .

/s/ R. A. Cox

DEED.

7 Oct. 1836.

The handwriting in this document is very difficult to decipher. -bp.

Summary: Jabez and Jubilee Burton sell to Wm. Woodfolk, for #400, three fourths of the tract of land on which Sarah Burton and Jessee Burton now live, containing 190 1/2 acres "which will more fully appear by reference to Jacob Burton's deed to said Jabez and Jubilee and Jacob Burton bearing date 27 of Feb. 1834 for said land and [unreadable] and reference being had to the deed from Jacob Burton to Jabez Burton bearing date 12 of April 1835 for said land".

PURCHASERS OF THE PERSONAL PROPERTY OF THE ESTATE OF WILLIAM WOODFOLK.

10 and 11 Nov. 1859.

B. Fox, William Hargis, U. T. Brown, Leroy M. Brown, William Fox, W. L. Donoho, Isaac M. Cardwell, C. Hickey, John H. Daws, Henry Jones, David Philips, Israel McClellan, Garret W. Veach, James P. Howel, J. G. Burk, Lindsey Upchurch, Thomas Hail, Thomas Reeves, R. C. Kirkpatrick, L. C. Hall, Thomas Hufhines, R. B. Herring, Albert Stanton, William E. Jones, Henry Richmond, William H. Billingsley, Matthew Jones, J. E. McKinney, Leonard Jones, William Woodfolk.

Deposition taken: 23 July 1877.

DEPOSITION: JOHN S. QUARLES.

/s/ John S. Quarles

LAND GRANT.

13 Aug. 1825.

State of Tennessee No. 1985.

Summary: entered on 5 July 1824, 75 acres on Salt Lick creek in Jackson Co. on the North side of Cumberland River, bounded . . . Thomas Woodward's . . . Nathan Williams' 2560 acre tract . . . Nicholas Teel's [?] 100 acre tract . . . to William Woodfolk.

PLAT AND DESCRIPTION.

No date.

Plat and description of the 640 acre tract of Wm. Woodfolk. It lies between the Cumberland River and Caney Fork River. Mentions Lawrence's 1000 acre tract. -bp.

DEED.

8 May 1826.

Summary: Reuben Graves of Jackson Co. TN conveys to his son, Rice Graves, of Jackson Co. TN a tract of land in Jackson Co. TN on the waters of Wartrace creek on the North Side of Cumberland River bounded: boundary line of Reuben Graves 350 acre tract on which Rich Graves now lives . . . containing 185 acres.

/s/ Reuben Graves

DEED.

5 Feb. 1843.

Summary: Henry Dyer sells to William Woodfolk, for $180, an 18 acre tract of land "all the interest I have" in said tract of land formerly owned by Abraham Dyer, deceased, "also all the right I have in my sister Minerva Dyer share [?]," includes the improvement where said Henry Dyer now lives . . . "his father, Abraham Dyer, deceased, and sister Minerva Dyer, deceased".

Depositions taken: 23 April 1888 at Davidson Co. TN.

DEPOSITION: BAXTER SMITH.

Age 56. Residence Nashville TN. Am a lawyer by profession.

/s/ Baxter Smith

DEPOSITION: E. WIGGERS.

Age 52 years.

Occupation: Jeweler.

Residence Nashville TN.

/s/ E. Wiggers

DEPOSITION: E. H. FALL.

Residence Nashville TN.

Occupation: Hardware merchant.

/s/ E. H. Fall.

DEPOSITION: SHELBY WILLIAMS.

I am engaged in the manufacture of lumber and house furnishing material, as manager of Pruvitt Spuir [?] & Co.

/s/ Shelby Williams

DEPOSITION: L. J. KEITH.

Residence Nashville TN.

Occupation: President of Fourth National Bank and have been for past five years.

/s/ signature torn -bp.

DEPOSITION: EDGAR JONES.

I reside in Davidson Co. near Nashville TN.

I am engaged in the banking business and have been so engaged for about twenty years.

/s/ Edgar Jones

All of the above state that William Woodfolk signed numerous large notes that he never paid, and, when pressed, said that he could not pay. -bp.

Deposition taken: 20 Jan. 1858.

DEPOSITION: GARRET W. VEACH.

Aged about 54.

/s/ Garret W. Veatch

LAND GRANT NO. 1183 or 1193.

5 May 1829.

Summary: this 650 acres of land was entered on 10 March 1829 and granted to William Woodfolk. It is located in Jackson Co. on the North Side of Cumberland River on Finn's branch, adjoining a boundary line of a 2560 acre tract granted to W. Nathaniel Williams and included said Woodfolk's improvements, on which Benjamin Fuqua and William Ramsey then lived.

LAND GRANT NO. 13446

July 1819.

This document is very hard to read. -bp.

By virtue of part of Certificate No. 2421 dated the 15th day of April 1817, issued by the Registrar of West Tennessee to William Woodfolk for 73 acres . . . granted to William Woodfolk 19 acres, on Salt Lick creek.

LAND GRANT No. 5124.

4 Nov. 1813.

In consideration of Military service performed by Isaac Freeman to the State of North Carolina Warrant No. 5236 dated Dec. 9, 1797 and entered on the 23rd day of Dec. 1809 by No. 4252, There is granted by the said State of Tennessee unto William Woodfolk, assignee of the heirs of the said Isaac Freeman, a certain tract or parcel of land containing 240 acres, part of said Warrant, lying in Jackson Co. in the First District on the North Side of Cumberland River and on Salt Lick creek, including his occupant claim, bounded on the East by Selby Harney's [?] 7200 acre tract, on the South by Thomas Woodard's pre-emption commonly called Heaton's tract being the same that Pleasant Kearby [?] and others now live on, and on the West by a tract of 2560 acres granted to [paper fold] Graves.

DEED.

6 Jan. 1827.

Summary: Joel Halladay sells to William Woodfolk, for $350, a parcel of land in Jackson Co. TN on Salt Lick creek, adjoining the land of [unreadable] Pate on the North, William Woodfolk on the East, a tract of 7200 acres granted to Selbey Harney on the South and Cumberland River on the West, containing 136 acres, it being the north or northern part of a 274 acre tract Granted to James and George Winchester and conveyed by James Winchester to Sampson Williams and by said Williams to said Halladay.

s/s Joel Holliday


MISCELLANEOUS DIVORCE CASES, (L).

JOHN LAMBERT VS. MARY JANE LAMBERT.

3 March 1908.

Summary: they were married in Jackson Co. about Dec. 1905 and lived together about two months, when the defendant, without any cause and when complainant was absent, left and went to her father's, a distance of about ten miles. With persuasion of himself and her parents, she came back and stayed about two weeks, when again without notice she left, and went to a neighbor's home, and has never been back to live with complainant again. The complaint mentions their child, but the child's name is not given.

Asks for divorce.

/s/ John Lambert

THE BILL OF COMPLAINT OF MATTIE LANGFORD AGAINST WILLIAM R. LANGFORD AND FATE RITCHIE.

13 Sept. 1887.

Summary: Mattie and William R. Langford were married in Jackson Co. in April 1885. She says her husband has become verbally abusive and threatening. They have one child; a girl named Ruby, aged two months. The defendant denies the paternity of this child. He charges her with adultery with her brother-in-law Fate Ritchie, which she denies. Her husband has now abandoned her and refuses to provide for her or their child. Ritchie is named in this suit because he owes part of a corn crop to the defendant.

She asks for divorce and alimony.

Mattie Langford (her mark)

THE BILL OF COMPLAINT OF SARAH LANGFORD VS. MATISEN LANGFORD.

11 Feb. 1896.

Summary: they were married in Jackson Co. in March, 1895, and lived together until some three or four months ago, when he became hard to please and moved some of his things back to Overton County where he came from, and said he would not live with Petitioner any longer. He failed to provide and was ill towards her children by a former marriage. She asks for divorce and that her name be changed back to Webb, the name of her former husband.

Sarah Langford (her mark)

DIVORCE DECREE, LANGFORD, SARAH VS. LANGFORD, MATISEN.

No date.

Divorce granted, complainant's name changed from Langford to Webb. -bp.

THE BILL OF COMPLAINT OF SARAH LAWSON AGAINST THOMAS LAWSON.

23 Jan. 1894.

Summary: they were married in Jackson County on or about 3 Oct. 1891 and lived as man and wife for about fourteen months, when he abandoned her.

Since the marriage, the defendant has frequently been drunk by using whisky.

She has an infant son as the issue of their marriage, named James Logan Lawson, who is now about eight months old.

The defendant has failed to provide any support and she has had to return to her father's house and live with him.

She says the defendant is lazy and indolent and would not work, and was verbally abusive and threatening. The defendant has gone to live with his parents, who were living in Putnam County when he left her, but now live in Jackson County.

She asks for divorce and custody of her child.

/s/ Sarah Lawson

THE BILL OF COMPLAINT OF WM. REUBIN LANGFORD VS. JUDAH LANGFORD.

6 March 1883.

Summary: they were married in Clay Co. TN in 1882, and lived together a few months, when defendant abandoned complainant and fled the neighborhood with another man named Joe Coffee. Complainant pursued her and persuaded her to return. She denied having any unlawful connection with said Coffee, but he is informed and believes that she did commit adultery with said Coffee. She has since then threatened to elope with Coffee again. Since becoming convinced of her adultery, he has abandoned her.

He asks for divorce.

W. R. Langford (his mark)

THE BILL OF COMPLAINT OF SARAH LAWSON AGAINST THOMAS LAWSON.

23 Jan. 1892.

Summary: they were married in Jackson County a little above one year ago and lived together until about six weeks ago, when defendant abandoned her. He was a man of low habits who ran about over the country without any residence, and wholly neglected to provide her any necessaries of life; he left her out of doors without any means of living or support. She asks for divorce and restoration of her maiden name of Sarah Meadows.

/s/ Sarah Lawson

THE BILL OF COMPLAINT OF WASH LAWSON OF JACKSON CO. TN AGAINST ELLIN LAWSON OF PARTS UNKNOWN.

21 Jan. 1884.

Summary: they were married to each other in Clay Co. TN in 1881. They lived together as husband and wife until about Sept. 1881, when the defendant abandoned him. He asks for divorce.

Wash Lawson (his mark)

DIVORCE DECREE, WASHINGTON LAWSON VS. POLLY LAWSON.

Jan. 1876.

Summary: Polly Lawson evidently committed adultery with David Rose and others. Divorce granted.

THE BILL OF COMPLAINT OF WASHINGTON LAWSON OF WILLIAMSON CO. TN AGAINST POLLY LAWSON OF JACKSON CO. TN.

July 1875.

Summary: they were married in 1873 [doesn't say where], and lived together for about six months. The defendant committed adultery with William Beachboard and David Rose and others. Asks for divorce.

Washington Lawson (his mark)

DIVORCE DECREE, WASH LAWSON VS. JANE LAWSON.

17 May 1879.

Summary: the defendant left complainant about March 1878 and was guilty of adultery with Wash Beachboard.

Divorce granted.

THE BILL OF COMPLAINT OF WASH LAWSON OF JACKSON CO. TN AGAINST JANE LAWSON OF PARTS UNKNOWN.

24 Sept. 1878.

Summary: they were married to each other in Jackson Co. TN, no date given, and lived together until about March 1878, when the defendant left the complainant and has gone to parts unknown. She has been guilty of adultery with William Beachboard and also George Murphy. Defendant has communicated to him a venereal disease called syphilis. He asks for a divorce.

Note: It does say William Beachboard here, and Wash Beachboard in the Divorce Decree. -bp.

Wash Lawson (his mark)

DIVORCE DECREE, ARKIN LEE VS. ELLA LEE.

12 March 1898.

Summary: they were married on or about Dec. 31, 1894. Shortly after the marriage, defendant deserted complainant. Divorce granted.

THE BILL OF COMPLAINT OF ARKIN LEE VS. ELLA LEE.

3 Jan. 1898.

Summary: they were married in Jackson Co. TN on or about the 31st of Dec. 1894. More than two whole years ago, defendant deserted complainant and has continued this desertion ever since. At the time of the desertion they were living in the house with the complainant's mother (a widow). The defendant announced she was not satisfied to live there and was going back to her people. The defendant said she did not love him, but loved another man, John Cornwell.

He asks for a divorce.

/s/ Arkin Lee

THE BILL OF COMPLAINT OF IDA LEE VS. ARKLEY LEE.

17 July 1899.

Summary: they were married 10 April 1898 in Jackson Co. They lived together until today, when he cursed her and struck her three times with a leather strap. The defendant has whipped her a number of other times since their marriage.

They have one boy child, Charley Escal Lee, about six months old. She says the defendant is dissipated. She asks for divorce, custody of the child, alimony and support for the child.

Ida Lee (her mark)

THE BILL OF COMPLAINT OF SARAH J. LEE AGAINST MONT S. LEE.

29 March 1902.

Summary: they were married in Jackson Co. TN, date not given. They lived together until recently. She complains of verbal and physical abuse. They have three children, all boys, not named in this document. She asks for a divorce.

/s/ Sarah J. Lee

THE BILL OF COMPLAINT OF JULIA [?] ANN LEE AGAINST ASA LEE

No date.

Summary: they were married in Jackson Co. TN on 3 Feb. 1866. He began mistreating her a few months after their marriage. He soon became unfaithful and has committed adultery with various women, their names unknown to complainant. He tried to have a "criminal connection" with his stepmother. He has failed to provide for his wife. The petitioner was born and partly raised in Jackson Co.

She asks for divorce and alimony.

THE BILL OF COMPLAINT OF STEPHEN L. LEE AGAINST PHOEBY [AKA PHOEBA] LEE.

2 May 1875.

Summary: they were married in Jackson County on 4 May 1874. He believes the defendant has been guilty of various acts of adultery with Benjamin Chaffin, Silas Smith, Wm. Hix and perhaps others. She has also been guilty of acts of theft. Since the separation on 1 Aug. 1874, the defendant has given birth to a child she has in her possession. He doubts it's paternity and therefore wants her to keep the child.

He asks for a divorce.

Stephen L. Lee (his mark)

THE ANSWER OF PHOEBA LEE.

13 Sept. 1875.

Summary: she says that the statements in the bill are false from beginning to end; even the date of their marriage is wrong. They were married on 4 Jan. 1874.

She denies any adultery; insists that the child is his.

Phoeby Lee (her mark)

DIVORCE DECREE, JOSIE LOFTIS VS. FRANK LOFTIS.

No date.

Summary: evidently the defendant abandoned the complainant and has failed to provide for her. A divorce is granted, her name is changed to her maiden name of Josie Hawkins. The property named in the suit is to be delivered to her and the defendant is to pay the costs of the suit.

THE BILL OF COMPLAINT OF JOSEPHINE LOFTIS AGAINST FRANK LOFTIS.

15 Aug. 1893.

Summary: they were married in Jackson Co. TN in July 1893 and lived together a short time, when defendant left her without cause, and left her with no means of support. During their time together he failed to provide any means of support. His father is John P. Loftis.

She asks for divorce, restoration of her maiden name of Josephine Hawkins and alimony.

Josephine Loftis (her mark)

THE BILL OF COMPLAINT OF SALLY ANN LOFTIS AGAINST THOMAS J. LOFTIS.

16 July 1857.

This document is very hard to read. -bp.

Summary: they were married in Jackson Co. TN in Jan. 1853. She charges that the defendant committed adultery, failed to provide and was verbally abusive. They have two children, Polly Loftis and Calvin [?] Loftis, the first three years old and the latter twelve months old.

Sally A. Loftis (her mark)

DIVORCE DECREE, MARY E. LONG VS. WILLIAM LONG, ET. AL.

25 Sept. 1884.

Summary: divorce granted, complainant's maiden name of Mary McCauley restored, the property the defendant left is to go to the complainant.

THE SEPARATE ANSWER OF MARSHALL GAINES TO THE BILL OF COMPLAINT OF MARY E. LONG.

22 Sept. 1884.

Respondent admits that he is a cousin of said Wm. Long and he is also a cousin of complainant.

He admits that William Long has left the country.

/s/ M. A. Gaines

THE BILL OF COMPLAINT OF LIZZIE A. LYNCH AGAINST CHARLES R. LYNCH.

17 Dec. 1879.

Summary: they were married to each other on 29 March 1870 in Jackson Co. TN. Defendant's last known residence, to complainant, was Jackson Co. TN but he is rather migratory and sometimes resides in Bedford Co. TN. His exact whereabouts now is not known to complainant. Since their marriage, defendant has been guilty of repeated acts of adultery with many women, whose names are unknown to complainant, as well as with Belle Keith, a lewd woman. She asks for divorce and alimony.

/s/ Lizzie A. Lynch

THE BILL OF COMPLAINT OF ELIZABETH A. LINCH [LYNCH] OF JACKSON CO. TN AGAINST CHARLES R. LINCH [LYNCH] OF BEDFORD CO. TN.

24 April 1880.

Summary: they were married on or about 29 March 1870. Defendant has been guilty of adultery with different persons, two being Mary Murray and Letha Carter. She was not informed of this until recently, and has since then not lived with him.

She asks for divorce.

 

THE BILL OF COMPLAINT OF ELIZA A. LYNCH AGAINST GEORGE W. LYNCH.

15 April 1898.

Summary: they were married in Smith Co. TN on 14 March 1871 where they lived until Nov. 1886 when they moved to Jackson Co., where they have lived since. They have had born to them and now living the following children, H. J. Lynch, who is a man grown and married, Julie who is grown and married and is now a widow, and Leslie, a boy seventeen years of age. They are the owners of a tract of land on the forks of Flynn's creek in the 11th Civil District of Jackson Co. TN, containing fifty acres more or less, bounded North by Frank Richmond and U. A. Roberts, Easy by Riley Spurlock and U. A. Roberts, South by B. J. Franklin and West by B. J. Franklin and Frank Richmond, being the tract of land on which G. W. Lynch's store is situated.

"Petitioner states that for the past few years the defendant has become addicted to the liquor habit to such an extent that he is an habitual drunkard. He neglects his business and neglects your Petitioner. He has become cruel, ill, cross and abusive to your Petitioner--has threatened to kill her."

She asks for divorce and that all of their property be settled on her.

/s/ E. A. Lynch

THE BILL OF COMPLAINT OF ISA LYNN AGAINST JOE LYNN.

13 Aug. 1904.

Summary: she and the defendant were married in Jackson Co. TN on 24 Dec. 1901. They lived together happily until sometime in the spring of 1904, when he became verbally and physically abusive to her. She has been pregnant with their child since March last. They already have one child, Dillard Asberry, fifteen months old on the second day of this month. She asks for divorce, alimony, custody of the children and that her maiden name of Isa Cantrell by restored.

/s/ Isa Lynn


NEW: MC BROOM, JAMES VS. HERBERT, DAVID.
CHANCERY, 1845.

THE BILL OF COMPLAINT OF DAVID HARBERT OF JACKSON CO. TN AGAINST JOHN LEE, JAMES MC BROOM, SEN. AND WILLIAM J. HUGHES, ALL OF JACKSON CO. TN.

11 Jan. 1848.

. . . at this time [March 1844] he [David Herbert] was seized and possessed of two tracts of land in the County of Jackson, lying on Martin's creek . . .

David Herbert (his mark)

Deposition taken: 25 April 1845 in White Co. TN.

DEPOSITION: SAMUEL MANSELL.

He attests to a boundary line. -bp.

/s/ Samuel Mansell

Deposition taken: 5 July 1847 at Gainesboro, TN.

DEPOSITION: SAMUEL MANSELL.

About the age of 56.

/s/ Samuel Mansell

Depositions taken: 3 May 1845.

DEPOSITION: LEE SADLER.

Aged 45 years.

/s/ Lee Sadler

DEPOSITION: WILLIAM J. HUGHES.

Aged 33 years.

/s/ William J. Hughes

LAND GRANT NO. 748.

15 Aug. 1828.

. . . entered on the 2nd day of Jan. 1826 . . . there is Granted by the said State of Tennessee unto James McBroom a certain tract or parcel of land containing 100 acres by survey date 16th Feb. 1827 lying in said County on Shaw's branch, the waters of Martin's creek and South side of Cumberland River and bounded as follows: . . . north boundary line of his fifty acre tract . . . including said McBroom's house and principal part of his improvement . . .


NEW: MC DANIEL, HENRY L. ADMR. ET. AL. OF MC DANIEL, RILEY.
CHANCERY, 1854.

ANSWER OF JOHN C. [remainder of names faded to invisibility] to a Bill of Complaint filed by Hardin L. Smith.

10 July 1854.

. . . they admit that Riley McDaniel departed this life intestate in the County of Jackson about 1840, without children, leaving respondent Amy his widow, and that she and Henry L. McDaniel were appointed his Administrator[s] . . . and that said Henry L. departed this life about [blank] and that James W. McDaniel is his executor. They also admit that said Cynthia Ann was sister of said Riley and wife of Gideon Smith, but they say that said Cynthia Ann departed this life in the County of Smith, her then residence, about [blank] and not in Jackson Co. as stated in complainant's bill, and they admit that complainant was appointed her Administrator at January Term 1854 of Jackson Co. Court. Respondents answer that said Riley McDaniel died possessed of personal property and effects of about $500, some of which were bad debts . . . James Carter and John C. Kirkpatrick as physicians were called in attended on said Riley McDaniel in his last sickness. James Carter's charge was $7.00 and Doctor Kirkpatrick's was $12.75, which was paid. John Holliday was a doctor of the Thompsonian school. He was called in and attended respondent Amy during the lifetime and last sickness of her said husband, for which he charged $15.75 . . .

James W. McDaniel claims the land.

Respondent's admit that said Riley McDaniel at the time of his death owned a Negro boy about eight years old and respondent Amy says he had been purchased by said Riley McDaniel with money which he received from her father's estate [father not named -bp.] . . . sold said Negro to respondent Amy for [$350] . . . and said Amy has been in possession of said Negro from said sale up to her marriage with respondent John Collins . . . [and they still possess him]. Respondents admit that the brothers and sisters of said Riley McDaniel are correctly set out in said Bill, several of whom, however, are dead.

John Collins (his mark)

Amy Collins (her mark)

Note: throughout this next document, the name is clearly McDonald, but it must in fact be McDaniel. -bp.

THE PETITION OF HARDIN L., JAMES H., NANCY J. E., JOHN., MONROE S., NICY A. S. AND JAMES R. SMITH, all of Smith Co. TN, the last five are minors and sue by their next friend Hardin L. Smith, against James McDonald, John McDonald Junr., Riley McDonald Junr., Nancy R. Whitten, Joseph Fletcher and wife Amy, Washington Apple and wife Polly, Rebecca Holliman, all the foregoing are heirs at law of Henry L. McDonald, deceased, and said Riley is a minor and James McDonald is his guardian, Nancy R. Whitten and Joel Whitten is her guardian, and Rebecca Holliman and Benjamin Holliman is her guardian, all of Jackson Co. except Apple and wife who live in Smith Co. and against John McDonald sons of Illinois, William F. McDonald of Illinois, Likens McDonald of Illinois, David McDonald of Illinois, Edmund Sutton and wife Sarah of Illinois, Jeremiah Coggin and wife Nancy of Smith Co. TN and the children of Hardin McDonald, who died in Illinois, and the names of his children, if any, are unknown.

6 March 1852.

Your petitioners would show that your petitioners Harden L., James H. and Nancy, J. E. and John R. are children of Sythia and Gideon Smith and Monroe S., Nicy A. S. and James R. are the only children and heirs of Ridley Smith, deceased, who was a son also of Sythia, and they were her only children, and she departed this life about ten or eleven years ago. They further show that Riley McDonald, Sen., a brother of said Sytha, departed this life intestate in the year 1842 in Jackson Co., without children, but leaving a widow, Amy, who since married John Collins. Said Riley died seized and possessed of a tract of land lying in Jackson County, out of which dower was assigned to his widow several years since, which is bounded on the North by the lands of Fletcher and Stevenson, on the West by Charles and Clinton Burton and on the East by the heirs of H. L. McDonald and lies on the waters of Spring creek . . .

It is a small tract of land containing only about 30 acres exclusive of the widow's dower . . .

. . . further show that in addition to their mother, the sister of said Riley, he had the brothers and sisters named in the caption of this bill . . . and those [that] are dead leaving as their heirs those named.

REPORT.

2 Jan. 1854.

. . . he [J. W. McDaniel, the executor] sold the Negroes at public sale to the highest bidder on a credit of twelve months when Snoden [Snowden] H. Maddux became the purchaser of said Negroes, Joe and Clary, for $825 . . . said Clary has no child living born after the date of the will of his testator.

ANSWER OF JAMES W. MC DANIEL TO A PETITION FILED BY HARDIN L. SMITH & OTHERS.

12 July 1854.

. . . Riley McDaniel, Sen., departed this life intestate in the County of Jackson in the year 1840, and not in 1842 as stated in said Petition, without children but leaving a widow, Amy, who since married John Collins. That said Riley at the time of his death was seized and possessed of a tract of land lying in said County and that dower has been assigned to said widow of said land which is bounded as follows: on the North by the land of Charles F. and Clinton Burton, on the West by the land of respondent and Charles F. Burton, on the East by the land of J. C. Fletcher and Stevenson and on the South by the land of respondent and not as stated in said petition.

/s/ J. W. McDaniel

Deposition taken: 9 Jan. 1855 in Putnam County TN.

DEPOSITON: JOHN COLLINS.

John Collins (his mark)

Depositions taken: no date, in Putnam County TN.

DEPOSITION: NANCY COGGIN.

Aged 56 years.

[Riley M-the remainder is unreadable, but is likely to be McDaniel -bp.] died to the best of my recollection about the 1 or 2 of Sept. 1840 and Sitha Smith died in Smith County in Feb. following and Riley McDaniel and Sitha Smith were brother and sister and the said Riley McDaniel had no children by his wife Amy nor no legitimate children.

I can say safely that I am a sister of his [Riley McDaniel].

My name is Mary Ann but I am commonly called Nancy.

Mary Ann Coggins (her mark)

DEPOSITION: ROBERT SMITH.

Aged 68 years.

He [Riley McDaniel] had a Negro boy named Tobb. The widow McDaniel has had possession of the boy . . .

He [Riley] purchased him from John Cougar. He [Riley] had him some three or four years, I think.

. . . at the death of Riley McDaniel, [Tobb] was a weakly, sickly boy and small for his age.

/s/ Robert Smith

DEPOSITION: BIRD JONES.

Aged 47 years.

Quest. Say whether the Gideon Smith above mentioned was husband to said Sytha and is he still living?

Ans. I expect he was. They passed as husband and wife. I expect he is living. He was yesterday. I saw him.

/s/ Bird Jones

Depositions taken: Jan. 1855 in Putnam Co. TN.

DEPOSITION: ROBERT SMITH.

/s/ Robert Smith

DEPOSITION: WASHINGTON APPLE.

Aged 35 years.

/s/ G. W. Apple

PETITION TO SELL NEGRO.

24 March 1842.

Summary: the Negro boy Andrew, about eleven years old, belonging to the estate of Riley McDaniel, was sold to the widow Amy McDaniel for $350. She had raised him from a small child.

Depositions taken: 23 Jan. 1855 in Putnam Co. TN.

DEPOSITION: J. R. JONES.

About the age of 42 years.

I am acquainted with all the children [of Gideon Smith by his wife Cytha Smith]. I don't know the date of them but I suppose that there is two of them under 21 years of age. I always hear them called Nancy and John.

/s/ James K. Jones

DEPOSITION: RILEY B. LEAGUE.

Aged about 56 years.

/s/ Ryley B. League

DEPOSITION: JACK A. HUDDLESTON.

Aged about 51 years.

/s/ J. A. Huddleston

DEPOSITION: ALEXANDER BOYD.

Aged about 33 years last Oct. 25th.

/s/ A. Boyd

THE BILL OF COMPLAINT OF HARDEN L. SMITH OF SMITH CO. TN, ADMR. OF THE ESTATE OF CYTHA ANN SMITH, DEC'D . . .

Filed 16 March 1854.

In addition to your orator's intestate, the said Riley McDanal [McDaniel] had the following brothers and sisters, viz., the said Henry L. McDanal [McDaniel], John, James Sen., William T., Liturs [?] and David McDanal [McDaniel], Sarah Sutton, wife of Edmond Sutton, Nancy Cogins, wife of Jerry Cogins and Hardin McDanal [McDaniel].


NEW: MC CARVER, J. L. ADMR. OF JAMES WOLF, DEC'D. CLAIMS AGAINST ESTATE.
COUNTY, 1908.

SETTLEMENT.

13 July 1923.

. . . Luke and James Wolf, minor heirs of James Wolf, dec'd . . .

James has attained the age of 21 years.

SETTLEMENT.

20 Jan. 1915.

. . . Adeline Wolf, mother of John Wolf . . .

. . . John Wolf, he having died before coming of age . . .

SETTLEMENT.

29 Jan. 1914.

Loula Carter and her husband J. A. Carter . . . her pro rata share of James Wolf, dec'd, estate.

SETTLEMENT.

13 Dec. 1909.

Non resident [heirs]--Parasetta Clark and her husband Arklo Clark and John Wolf, who are residents of the State of Texas.

FINAL SETTLEMENT.

10 Nov. 1927.

Luke Wolf has attained the age of 21 years.

SETTLEMENT.

3 Nov. 1920.

Wonder Wolf has attained the age of 21 years.

Depositions taken: no date.

DEPOSITION: JAS. D. WIGGINS.

I am 34 years old.

. . . his [James Wolf's] son, W. B. Wolf . . .

DEPOSITION: R. V. BROOKS.

My residence is at Rough Point, Jackson Co. TN.

I have been loaning money for several years.

[James Wolf] died reasonably sudden. He was kicked by a mule, as I was informed, that caused his death. He was kicked on Sunday following the 7th Oct. 1907 and died the following Wed.

I was there only once and he [James Wolf] seemed not to be suffering very much before that and after that I understood that he did suffer very bad.

DEPOSITION: BILL MOSLEY.

I am 37 years of age. I live in the 2nd District of Jackson Co. TN.

W. A. Mosley (his mark)

DEPOSITION: P. P. CASITY.

I am 31. I am a merchant. I live in the 3rd District of Jackson Co. TN.

P. P. Cassetty

DEPOSITION: R. V. BROOKS.

/s/ R. V. Brooks

DEPOSITION: LOULA B. WEST.

I will be 25 years old the 4th of Oct. 1908. Yes, Sir, I am the wife of Elmore West.

/s/ L. B. West

COMMISSIONER'S APPOINTED TO LAY OFF YEAR'S SUPPORT.

2 Nov. 1907.

. . . James Wolf departed this life intestate on the 23rd day of Oct. 1907 in Jackson Co. TN, leaving Adaline Wolf as his widow surviving him.

Depositions taken: 7 Sept. 1908.

DEPOSITION: JOHN L. MC CARVER.

I am the Administrator of the Estate [of James Wolf, deceased].

/s/ J. L. McCarver

DEPOSITION: W. S. JACKSON.

/s/ W. S. Jackson

THE PETITION OF W. B. WOLF, Dock Wolf, Ella Long & her husband Rufus Long, Parazetta Clark & her husband Arklo Clark, all of Jackson Co. TN against John L. McCarver, Lula Wolf, Walter Wolf, John Wolf, Wonder Wolf, Jimmie Wolf and Luke Wolf, also of Jackson Co. TN.

13 July 1908.

That James Wolf departed this life intestate on the 23rd Oct. 1907, leaving complainants, except husbands of the married women, and defendants, except John L. McCarver, his only children and heirs at law. The defendants, except McCarver, are all minors without general guardian. He also left Adaline Wolf his widow . . .


NEW: MC CARVER, L. A. VS. DRAPER, MILTON GDN OF BURKE HEIRS.
CHANCERY, 1858.

THE BILL OF COMPLAINT OF LEONIDAS A. MC CARVER OF JACKSON CO. TN AGAINST MILTON DRAPER & HARVEY H. DRAPER, ALSO OF JACKSON CO. TN.

Filed 9 Oct. 1858.

. . . at the Oct. Term of the County Court for Jackson Co. 1850, defendant Milton Draper was appointed and qualified by said Court as guardian to Elvira, Jonas, Matilda, Milly J. and America Burke, who were then minor children living in said County . . .

He states that said Matilda has heretofore married (though is yet under 21 years of age) to Meredith Meadow, lived with him but a short time and parted, and now has a suit pending against him for Divorce.


NEW: MC CARVER, L. H. VS. HUFFINES, A. S. ET. AL.
CHANCERY, 1880.

Depositions taken: 28 Aug. 1883.

DEPOSITION: WILLIAM DRAPER.

Aged 66.

[Reside] on Little Indian [?] creek, Jackson Co. TN near Highland.

[A. S. Huffines] is dead.

/s/ William Draper

DEPOSITION: A. N. FURGERSON.

/s/ A. M. Fergusson

DEPOSITION: W. T. VETCH.

. . . my father, G. W. Vetch.

/s/ W. T. Veatch

THE BILL OF COMPLAINT OF L. H. MC CARVER OF JACKSON CO. TN AGAINST WILLIAM B. HUFFINES, ADAM S. HUFFINES, SAMUEL S. CARVER, J. A. DICUS & N. B. RICHMOND OF JACKSON CO. TN & WILLIS CORNWELL OF CLAY CO. TN.

25 May 1880.

About debts. -bp.

. . . 1866 . . . Joseph Davenport, Deputy Sheriff of Jackson Co. TN.

. . . B. F. Richmond, who is now dead.

. . . Joseph Carver . . . who is now dead.

Depositions taken: 12 Nov. 1881.

DEPOSITION: G. W. VEACH.

I am 78 years old.

I was Acting Justice of the Peace for Jackson Co. the year 1861.

L. H. McCarver was Willis Cornwell's father-in-law. Willis married his daughter, and she was then [1861] living.

/s/ G. W. Veatch

DEPOSITION: L. H. MC CARVER.

Aged 69 years.

He [Willis Cornwell] was my son-in-law.

/s/ L. H. McCarver

DEPOSITION: POLLY VEACH.

. . . my husband G. W. Veatch.

My age is 63 last April.

Polly Veach (her mark)


NEW: MC CARVER, L. H. VS. JACKSON CO.
CIRCUIT, 1885.

I am unable to determine what this is about. Something about debt, warrants and condemnation. There are 24 pages of lists of names for the years 1883 and 1884. I cannot tell what these lists are about. -bp.


NEW: MC CARVER, LOGAN H. ADMR. & SAMUEL HANNAH.
CHANCERY, CIRCA 1850.

There are only two documents in this folder, and both are very difficult to read. -bp.

DECREE.

1 Feb. 1854.

. . . Samuel Hannah departed this life in 1840 in Jackson Co. . . said Hannah's will . . . James Young & Wm. Hannah qualified as executors . . . the following parties were his heirs at law; Malinda Dicus [Dycus], heir, who married with Edmond Dicus [Dycus], Lucinda Sweesey, heir, who married with Larkin D. Sweesey, Matilda M. McCarver, heir, who married with Logan McCarver, Samuel W. Hannah, and two grandsons, John and William Hannah, sons of John Hannah, the widow Elizabeth having departed this life previous to the death of the said Samuel Hannah.

. . . the executor handed over to said children the following Negroes, to wit, to Larkin D. Sweesey and wife Lucinda, Rebecca, Caroline, Isaac, Moses and Aron, and the following are their increase since the delivery in the year 1841, to wit, Calvin, Caroline, Jane, Ester, Larken, William, Lavina, Brice, Aaron and Rebecca. To Edward Dycus and wife now in Missouri, they delivered in 1841 Sophia, Lee Ann, Ellen, Matilda and Allen and increase Harrison and Harriott. To Sam'l M. Hannah, received in 1841--Campbell and Tom. To Logan N. McCarver and wife Matilda was assigned in 1841--Jane, Jefferson, Amanda, Jana and Edmond, and their increase was, in 1844 (sic, but must be 1854 -bp.) Mima, Miller, Matilda, Kenner, John, Stephen, Lee Ann, Hette [?], Ann, Julia, Betsy, and Augusta, and an infant about seven months old. To John and William Hannah, the said grandsons, was assigned Augusta and Brice, who is now dead.

It further appeared that Logan N. McCarver sold one of the Negroes, Amanda, in the year 1847, for $375.

The said McCarver likewise sold a tract of land containing 125 acres lying in Jackson Co. adjoining Jacob Jenkins and Benj. Richardson in District No. 3, the same that the deceased died seized and possessed of. This land was sold to Willis Cornwell for $450 in 1850 . . .

It further appeared that Larkin Sweezey and wife sold a 125 acre tract lying in said County of Jackson adjoining David Hufhines [Huffines], Wm. Woodfolk, in said District, to L. N. McCarver and made him a deed for the same, for $450 . . .

It further appeared that the said Sam'l W. Hannah sold one of the Negroes named as aforesaid for $600 in 1843 . . . and the said Sam'l W. Hannah sold a tract of 100 acres lying on Wartrace in Jackson, adjoining Dan'l Hufhines [Huffines], John May and others to Labon [?] Mires [?] and executed to him a deed, for $850, in 1842, and A. [Alex] M. Furgeson purchased said land from said estate and now resides on it.

It further appeared that the said James Young and Sam'l W. Hannah sold Diadama [?] to Daniel Huffines and made him a Bill of Sale and sold Jack to George Darwin and made him a Bill of Sale and to Pinkney McCarver, Witt, and made him a Bill of Sale . . .

DECREE.

No date.

. . . L. D. Sweesey and his wife Lucinda, Wm. and John Hannah, Juliet Hannah and James D[unreadable] are the executors and executrix of Sam'l M. Hannah. Juliet Hannah and George M. Charlton and wife Mary Agnes, formerly M. A. Hannah, Virginia T. and Francis Hannah, the two latter of whom are minors, the Court appointed their mother Juliet Hannah their guardian ad litem . . . the following non-resident defendants, to wit, Edmond Dycus, Luana Sloan and Calvin, John and William James, Wilson and Mary Dycus of Missouri, to appear and plead answer . . .


NEW: MC CARVER, PINKNEY VS. ANDERSON, W. C.
CHANCERY, 1882.

THE BILL OF REVISION OF PINKNEY MC CARVER.

No date.

Since said [original] bill was filed, the said William C. Anderson has died intestate in Jackson Co. TN, defendant James T. Anderson has been appointed his administrator and the defendant Aletha Anderson is his widow and relict.

Defendant J. T. Anderson is an heir of W. C. Anderson as well as his Administrator. Defendant's Bird Anderson, W. L. Anderson, Ridley Anderson, Charles Anderson, Jennie Anderson, Lula Anderson, S. B. Anderson, and Henry Anderson are children of the said W. C. Anderson; the last five are minors . . . [blank] Stafford and Maggie Stafford are minors without general guardian and children of [blank] Stafford and wife [blank] Stafford, who was the daughter of W. C. Anderson and died prior to W. C. Anderson. John Dudney, Della Dudney, Mary Dudney, children of [blank] Dudney and wife, [blank] Dudney, who died prior to W. C. Anderson.

THE BILL OF COMPLAINT OF PINKNEY MC CARVER AGAINST WILLIAM C. ANDERSON, BOTH OF JACKSON CO. TN.

28 Jan. 1882.

. . . he and defendant W. C. Anderson own the Nancy Anderson Dower tract of land lying on Flynn's creek in Jackson Co. TN, known as the Anderson Mill tract, bounded as follows: on the North by the Amon Hail tract of land, on the East by Amon Hail tract, the [unreadable] Hail or Ben [?] Willire [?] place, on the South, Thaxton Carter, on the West by Gillom Upchurch and Tom [unreadable]. Your orator own [ed] one fourth of said tract and the defendant W. C. Anderson the other shares . . . he sold the defendant W. C. Anderson his share of said land in 1868.

This land was the dower interest of Nancy Anderson in the lands of Caleb Anderson, deceased. Your orator was the [unreadable] of the heirs of Gillom Upchurches wife, who was a sister of W. C. Anderson and daughter to Caleb and Nancy Anderson . . . Nancy Anderson, who died in 1866.

THE BILL OF COMPLAINT OF PINKNEY MC CARVER AGAINST HENRY MC CARVER, BOTH OF JACKSON CO. TN.

21 Sept. 1882.

. . . he is, or was, the owner of a life estate in a tract of land lying on Martin's creek in Jackson Co. TN, bounded on the South by the lands of Prior Grissom, on the East by the lands of Amon Maneer, on the North by the Cannver [?] old place and on the West by the lands of Alexander Holliman and Betsy Holliman, containing about 80 acres, more or less. The same your orator bought of the widow of Amon Maneer.

Summary: Pinkney and Henry agreed to make a crop on this land. Pinkney says he furnished almost all of the capitol for this endeavor. Henry now claims all of the crop. Pinkney sold the land to Henry after the crop was planted. -bp.

ARBITRATION DECISION.

[of above case. -bp]

Entered March 1883.

Summary: the title of the land is to go to Henry. Pinkney is to get one half of the crop plus $100. -bp.

ANSWER OF W. C. ANDERSON.

15 March 1882.

It is true that Upchurches wife was respondent's sister, but she has been dead over forty years . . .

. . . their father, Caleb Anderson, died in the year 1838 and Mrs. Upchurch died in 1839.

/s/ Wm. C. Anderson

THE BILL OF COMPLAINT OF PINKNEY MC CARVER & LEONIDAS A. MC CARVER of Jackson Co. TN against William C. Anderson, Thomas Upchurch and wife Rodie Upchurch, Judge Atkins and wife Elizabeth Atkins, Dolly Wheeler, Caleb Anderson, Jane Hanie, James M. Allerd and wife Polly Allerd, Carter Upchurch and Gillom Upchurch, all of Jackson Co. TN except Atkins and wife who reside in the State of Illinois. James Parrish and wife Nancy Parrish of DeKalb Co. TN, Charles Anderson of Smith Co. TN, Ross Upchurch of parts unknown.

No date.

. . . Caleb Anderson departed this life many years ago . . . his heirs, who are the defendants, save Atkins, Allard, Thomas and Gillom Upchurch and James Parish who intermarried with [unreadable] who were the daughters of the said deceased, save Gillom Upchurch, who married a daughter of the said deceased, who died . . . leaving defendants Carter and Ross Upchurch as her only heirs . . . [above is an written. -bp.]

THE BILL OF COMPLAINT OF JAMES T. ANDERSON, ADMINISTRATOR OF THE ESTATE OF WILLIAM C. ANDERSON, deceased, against Pinkney McCarver and his wife Mariah McCarver & S. B. McDearmon, all of Jackson Co. TN & Henry McCarver of Bedford Co. TN & T. J. Lee of Putnam Co. TN.

Sept. 1883

Summary: In his lifetime, Wm. C. Anderson brought a suit against Pinkney McCarver, on which he Recovered. McCarver appealed to the TN Supreme Court, about Feb. 1881, where the earlier Decree was affirmed. In Sept. 1882 Wm. C. Anderson died intestate in Jackson Co. TN. James T. Anderson was appointed Administrator of his estate. Pinkney McCarver was found to be indebted to Wm. C. Anderson in the sum of $963.95. Execution was issued on this Judgement and it went to the hands of the Sheriff. At this time McCarver was the owner of a valuable stock of drugs, medicines, liquors, boots, shoes and dry goods, etc. worth in all probably $1000, which McCarver kept for sale in a Store house in the town of Granville. These items were unencumbered and subject to execution and sale for the satisfaction of the Judgement and Decree.

In May 1883 the Sheriff, T. B. Anderson, went to Granville to levy the execution and went to the house, but had occasion to step out for a few minutes and when he returned McCarver had come out of the Store and locked up the doors and then refused the Sheriff admittance. The Sheriff informed McCarver that he had levied the execution on his entire stock, and he put a written notice to that effect on the door, forewarning all persons not to interfere with said property. The Sheriff then left, and returned several days later, then demanding the key to the house from McCarver. McCarver refused, and the Sheriff broke in. "To his astonishment" he found that most of the stock was gone. After the Sheriff had taken possession of what little remained, Pinkney McCarver and Mariah Carter were intermarried, but complainant charges that before the marriage they entered into some sort of fraudulent marriage contract in writing, the real purpose of which was to enable her to fraudulently cover up and hold the property of Pinkney.

The sale of the remnant of the McCarver goods was made after the above marriage, and Mariah McCarver became the purchaser at the price of $200 cash. Complainant believes this money came from Pinkney. Complainant says that he is informed and believes that all of the missing goods found their way back into the Store house and were put up as the goods of Pinkney's wife Mariah. The Sheriff again levied on this stock of goods, when Mariah brought suit against the Sheriff for doing so.

The complainant also charges that Pinkney McCarver gave his son Henry McCarver a tract of land, which should have been used to help pay the Judgement, and is known to have considerable gold and greenbacks.

Mariah was the wife of Enoch Carter who left this area several years ago on account of killing a man, and she filed her Bill for Divorce and alimony a short time before the last May Term of the Circuit Court. In this bill she did not claim to have any money of any consequence. -bp.

/s/ J. T. Anderson

DECREE, WM. C. ANDERSON VS. LEONIDAS MC CARVER & PINKNEY MC CARVER.

21 March 1876.

. . . [on] the 21st Aug. 1838 Caleb Anderson died intestate in Jackson Co. TN . . . widow Nancy Anderson . . . Decedent also left several children, amongst whom was Sarah Upchurch, then the wife of Gillum Upchurch. That said Sarah Upchurch died in 1839.

. . . decreed that the trade for the land made between Wm. C. Anderson and Pinkney McCarver be set aside and that all the title to said Sarah Upchurch's interest in said dower tract . . . be divested out of said Wm. C. Anderson and vested in said Pinkney McCarver. It is further decreed that Pinkney McCarver pay to complainant the purchase price of said share, with interest . . .

Deposition taken: 1 April 1872.

DEPOSITION: L. A. MC CARVER.

COMPROMISE DECREE, JAMES T. ANDERSON, ADMR. OF W. C. ANDERSON VS. PINKNEY MC CARVER, ET. AL.

27 Sept. 1883.

Summary: Pinkney McCarver conveys to complainant his one tenth interest in the tract of land on Flynn's creek in Jackson Co. known as the Nancy Anderson Dower tract, at the price of $600, which is to go as a credit on the Decree and Judgement complainant recovered against defendant, and he will pay the balance of the Decree with a note he holds. McCarver will pay the costs of the suit and have his wife drop her suit. Anderson agrees to drop a claim he had to another property. Various other concessions were made by both parties. -bp.

Depositions taken: 30 Aug. 1882. [Note: the following depositions were all for the purpose of determining the rental value of the Mill tract of land. -bp.

DEPOSITION: M. L. GORE.

/s/ M. L. Gore

DEPOSITION: H. W. WILLIAMS.

/s/ H. W. Williams, C & M.

DEPOSITION: G. R. MADDUX.

/s/ G. R. Maddux

Depositions taken: 31 Aug. 1882.

DEPOSITION: M. D. HAILE.

/s/ M. D. Haile

DEPOSITION: JOSHUA HAILE.

/s/ Joshua Haile

DEPOSITION: JAMES M. RICHMOND.

I own a right smart amount of land on Flynn's creek. I rent out land every year.

/s/ J. M. Richmond

DEPOSITION: JAMES M. ALLARD.

/s/ J. M. Allard

DEPOSITION: HENRY CARTER.

Henry Carter (his mark)

DEPOSITION: L. M. CASON.

/s/ L. M. Cason

DEPOSITION: WILEY STEAKLEY.

I am a machinist, engineer, etc. and have had much experience in the milling business.

/s/ Wiley Stakly

Deposition taken: 2 Sept. 1882.

DEPOSITION: WM. LAWSON.

William Lawson (his mark)

END OF REEL.

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