Jackson Co., TN Loose District/Chancery Court Papers Reel #100
Montgomery - Moore, N.

Genealogical Abstracts by Mary Lu Johnson

The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm


[Note: This is a series of cases involving the estate of James Draper, papers abstracted as filmed are all mixed together; all but impossible to separate cases, depositions - mlj].

DEED: I this day bargain and convey to Elijah Wheeler for the sum of $800 to me paid... receipt is hereby acknowledged land in Jackson County, Tennessee on both sides of Flynn's Creek south side of the Cumberland River in Dist. 11, being 160 acres. Begin at the east boundary line once known as David Ramsey's 300 acre tract... west boundary line to a tract once owned by Meredith A. Basham, south side of spring branch known as Basham's spring... crossing Flynn's Creek and including a little island - the corner of Hoover's tract... J. E. Wheeler's corner... said creek with its meanders.... to Samuel G. [or S.] Rodgers and Elijah Wheeler's Corner... west with Andrew McClellin's line... to have and hold... 19 November 1865... consideration is the purchase money I owe Elijah Wheeler for the land.

s/s James E. Wheeler

Test: B. B. Washburn, Elisha Wheeler

Registered Book M, page 38, 20 November 1865.

REPORT OF COURT: James E. Wheeler filed for personal bankruptcy at Nashville 18 September 1867, was discharged 29 December 1869.

[Note: A scrap of paper filmed stated he filed 30 October 1873, so he may have bankrupt twice - mlj].

DEED: I James Draper this day bargained and sold to Milton Draper tract in Dist 11, Jackson Co., TN of 97 1/2 acres... bounded by tract formerly owned by Agness Thompson near Wm H. Kirby... south to Thomas Upchurch land... original corner of the James Wheeler tract... said Wheeler's line to Meadors land... north to Jobe Meaders... top of the ridge with meanders of the ridge... center of the Ft. Blount road near Mrs. Hopkins... stake in corner of Wm H. Kirby's fence.

/s/ James Draper

INDENTURE: 15 April 1870 between Alfred M. Lee and wife Rebecca Lee, Wm O. Mosely and his wife Mary M. Mosely, Dan'l M. Allen and his wife Margaret Isabelle Allen, Edward F. Steele and wife Savannah J. Steele, George D. Roberts and wife Sarah E. Roberts, William G. Lee, Nancy Lee and Robert H. Lee all of Davidson County, Tennessee William H. Luckey and wife Martha Luckey of DeKalb County, Tennessee, bargainors of the first part and

Dora E. Craig of Jackson County, Tennessee, bargainee of the second part.

For the sum of $500 sold, transfer and convey tract in Dist 11, Jackson County, Tennessee on Flynn's Creek south side of Cumberland River... begin... bluff near lower end of a field in Judith Johnsons line... to Susannah McClendens line... to line known in 1853 as Parkers line... low gap near a negro cabbin... to what was Henry W. Kirbys line now W. H. Botts line... to the Cumberland River to Judith Johnsons formerly Beverly Graves line at a divisional line between said Beverly Graves and Joseph Birdwell, estimated 880 acres. Tract now occupied by a tenant of above named Rebecca Lee terminates with the present year. Signed/sealed day and year above written.

Alfred M. Lee
Rebecca [her X] Lee
Edward F. Steele
Savannah J. Steele
Nancy E. Lee
William G. Lee
Robert H. Lee
George D. Roberts
D. M. Allen
M. I. Allen
Mary M. Mosely
Sarah E. Roberts
Wm H. Lucky
Mattie M. Lucky

[Wives all examined privately by M. G. Ewin, Clerk, Davidson Co., 15 April 1870].

INDENTURE 23 July 1832 from James Draper to Caleb Anderson for the sum of $205.50 paid, land on waters of Flynn's Creek... stake old Ft. Blount road near the head of Hurricane branch south to Job Meadows corner, north with Thompson's west boundary line... 102 3/4 acres.

s/s James Draper Wit: John Wheeler, Truman Wheeler

Approved for Registration November Session 1832. Registered January 11, 1833, Book D page 362.

Written on back: Ex B to dep the second of Wm C. Anderson in the case of Minerva Wheeler vs Malichi Meadows and others & James Draper vs Minerva Wheeler & others

NOTES DUE JAMES DRAPER'S ESTATE [Date is that of note, not date due]:

9 May 1870 Wm Sneed, bad
Jan 5th [blank] Jas E. Wheeler, bad
July 4 1866 Jane Jones, bad
26 Nov 1869 W. K. Wilson, doubtful
8 Jan 1867 [blank] Givens
16 Mar 1858 Thomas A. Draper, bad
6 Oct 1858 James Draper, bad
March 1859 Wm Fox, bad
Nov 16, 1860 R. A. Cox, doubtful
[Blank] W. A. Hall & others
27 March 1852 James Short & W. R. Simpson, bad
29 Dec 1859 J. P. Sloan, bad
15 July 1859 Anderson Addcock [Adcock], bad
16 Aug 1862 Alfred Pryor, bad
16 Dec 1861 W. E. Fuqua, bad
7 Feb 1860 Marin Phares, bad
11 Jul 1855 Jas Burgess
1 Feb 1855 George Hues [Hughes], bad
30 July 1851 Claybon Rodgers, bad
23 Oct 1857 Drury Smith, bad
10 Dec 1869 Cynthy Dobbins (Note in Litigation]
7 Feb 1856 Hamilton Montgomery, bad
17 Nov 1860 A. Prior, bad
15 Mar 1862 Jas E. Wheeler, bad
30 Mar 1852 W. P. Moore
3 ___ 1869 W. R. Dyer, bad
1 Jan 1858 Bartlet A. Fox
1 Sept 1855 James Boyess?, bad
10 Mar 1856 T. J. Draper, bad
8 Mar 1843 Bethny Ferguson, bad
24 Oct 1853 John Jones, bad
28 Sept 1857 M. J. Draper, bad
16 Mar 1858 Calvin Harp, bad
6 Dec 1856 Judgment, Solomon Allen


Filing ans [answer] case of James Fuquay vs Polk, bad.
Henry Carter & wife Mary Jane Brewington Thomas Brewington Dr [debtor] filing ans Fuqay against them. [Note: As written - mlj].
Francis M. Price for filing bill against his wife for divorcement (doubtful).
Judgment vs William Jones.
James Vinson for filing bill vs his wife.
1872 Judgment vs R. Wade & Joshuay Vinson.
1867 Judgment vs Jaquish & Ballard.
Judgment vs John Stout.
1872 Johnson Wilson to sell land.
?1872 Deavenpoort - bill Chan to sell land.
?1872 Purtman Pucket - judgment Circuit Court Cookeville.
1 Jan 1874 Wade Skinnyhorn, note without interest.
Claim on Nathan Pharis and Eliza [or Elijah] Burris.
Heston vs Heston as guardian ad litem of minors.
12 Nov 1863 Note on Harrit & Betty Anderson, bad.
2-1-1863 A. B. Botts debtor.
1865 W. M. Raglin filing bills & other fees, bad.
1866 Peter Polk debtor - fees.
1868 White Myers - filing against J. A. Montgomery Extr of James Draper, bad.

BILL OF COMPLAINT of William Sneed of Jackson County, Tennessee against

R. A. Cox and wife Nancy J. Cox, King Williamson and his wife Veranda Williamson, James W. Draper, Elizabeth Draper, Sarah Draper, Mary J. Anderson and James T. Anderson her husband, Norma [or Norman] J. Craig, J. B. Howell, Sampson A. Cassetty, John Draper, Amos Williamson, John P. Murray, D. K. Fink, M. L. Gore, Lafayette Washburn, J. A. Morgan, J. A. Durham of Jackson County, Tennessee and

Charles R. Ford and wife Henrietta of Putnam County, Tennessee and

John A. Kirkpatrick and wife Martha Ann Kirkpatrick of moura [Missouri; amended bill it's "MO"] and

James Fitzgerald, Joseph Fitzgerald and Richard Fitzgerald of Texas.

Tract east fork of Wartrace Creek... top of Millstone ridge... Mary Sneed tract formerly Isreal Sneed tract... to Serilda Richardson's line... Leonadas Cassity's line... Jack Davenport line.. sold by James Draper deceased [Ends here. Rest missing - mlj].

DEED: I Milton Draper have this day sold... to Malichi Meadows for $156 paid land on Flynn's Creek being 52 acres bounded... northeast corner Jobe Meadows land on the top of the ridge... to stake in Ft. Blount road, east... Thomas Upchurch's line... Jobe Meadows east boundary... top of the ridge with its meanders. 19 Nov 1857.

/s/ Milton Draper Wits: J. Jones, James S. Lawson

AMENDED BILL OF COMPLAINT of James A. Montgomery, Executor of the Last Will & Testament of James Draper deceased of Jackson Co., TN against

R. A. Cox and wife N. J. Cox, James T. Anderson and wife Mary J. Anderson formerly Mary J. Washburn, King Williamson and wife Veranda Williamson, James W. Draper, Elizabeth Draper, Nanie Craig, John P. Murray, M. L. Gore, Lafayett Washburn, J. A. Durham, Amos Williamson, Anderson Sneed, William Sneed and David K. Fink, Charles Ford and his wife H. ?G Ford of Putnam Co., TN, Martha A. Kirkpatrick of the State of Missouri, James Fitzgerald, Joseph Fitzgerald and Richard Fitzgerald of the State of Texas.

27 March 1875 he as Executor of James Draper filed bill of complaint against above parties except James T. Anderson who has recently intermarried with Mary J. Washburn.

Said parties being heirs of James Draper deceased and creditors thereof. The object of the bill was to wind up as insolvent estate and sell land for payment of debts... appeared that real and personal property not sufficient to pay debts.

It has recently come to his attention that James Draper died seized and possessed of remnants of two 5000 acre tracts in Jackson County

First tract on the north side of the Cumberland River known as Hog Camp section of the county... waters of Hensley, Cub and Indian creeks on the east fork of Wartrace creek waters of Jennings Creek and Hunting creek... ridge running from Hog Camp to Gibbs crossroads granted by State of Tennessee to James Draper #6865.

Second tract south side of Cumberland River on waters of Doe Creek Flynns Creek & Tallies Hollow, grant #6955 to James Draper by the State of Tennessee... survey will be necessary [Several pages here of indebtedness of James Draper not abstracted]...

Further the possession and claim of R. A. Cox of any portion of said land since the death of James Draper is not and could not be addressed to other heirs and Legatees because R. A. Cox married the daughter of said James Draper who is now living and by her said Cox has living children wherefore he is and was all the time a tenant by courtesy of his wife's land and a tenant in common with the other heirs of James Draper. 19 November 1875

DEPOSITIONS, 15 November 1875 in the Cause of James A Montgomery, Extr of James Draper against Robert A. Cox and wife Nannie J Cox Eliza Draper Veranda Williamson King Williamson James W. Draper Jr Thomas Draper Elizabeth Draper Mary J Washburn Nannie J Craig John P Murray M L Gore Lafayette Washburn A W DeWitt D K Fink J A Durham Amos Williamson Anderson Sneed and Wm Sneed of Jackson County

J. T. Anderson age 26. Know the Lee tract of land. James Draper died about 2 1/2 years ago. Think Cora E. Craig died some 2 or 3 years before James Draper. Understood James Draper has possession of the land after death of Mrs. Craig. After James Draper died, land was in possession of J. A. Montgomery.

/s/ J. T. Anderson

J. T. Hogg age 59. Knew James Draper, know land. Mrs. Cora E. Craig died about four years ago. James Draper died about the first of '73, about 2 years 9 months.

Ques: State who had care, custody, control and education of Nanny J. Craig after her mother C. E. Craig died up to when James Draper died?

Ans: Think James Draper. Nanny Creg was 8 or 10 at her mother's death.

CROSS-EXAMINATION by J. F. Haile, Guardian for N. J. Craig

Ques: Do you know if James Draper spent money schooling, clothing... Nanny J.?

Ans: Do not.

Ques: Do you know if Nanny J. performed valuable services?

Ans: Do not.

/s/ J. T. Hogg

W. M. Gailbreath age 24. Know Lee farm purchased by C. E. Craig of Alfred Lee and wife where J. A. Montgomery now lives. Lived about one-fourth mile 14 years. Cora E. Craig has been dead since August 1871. J. A. Montgomery has been in possession since James Draper died which has been nearly three years. Rent worth about $40 a year. Joseph Lock rented the land the year Cora Craig died.

/s/ W. M. Gailbreath

Mary J. Anderson, lawful age. Am the same Mary J. Washburn named in the will of James Draper and in this bill.

Ques: Did you hear Cora E. Craig and James Draper [discussing Lee tract].

Ans: I heard Cora E. Craig say she had put $100 towards the land and I heard my grandfather say so.

My grandfather James Draper...

Cora E. Craig died August 1871 and he [James Draper] died February 1873. James Draper had care of Nannie J. Craig after her mother died and sent her to school in Cookeville. Nannie J. Craig was about ten when her mother died.

Cora E. Craig was a widowed daughter of James Draper. James Draper, Cora E. Craig and J. A. Montgomery bought the land and all lived on it.

/s/ Mary J. Anderson

Adjourned, resumed 22 November 1875:

James A. Montgomery age 23. Deed is in the name of Cora E. Craig and James Draper. James Draper paid $300, Cora E. paid $100 and I paid $100. The understanding it was to be held jointly and share according to what each paid.

The judgment on J. B. Wilson was purchase money. It has been sold by decree of court. Wilson is insolvent.

/s/ J. A. Montgomery

DEPOSITIONS: 6 January 1876:

Isaac Flatt age about 63. I contracted to buy the land with J. P. Murray, and did not pay any on it until since the war. I paid the last of it with interest about a year ago. John Flatt and myself was partners, John being unable to buy relinquished it and I paid for it all. Isaac [his X mark] Flatt

B. B. Washburn age 57. [Nothing new - mlj].

R. A. Cox age 36. James Draper was my father in law and Cora E. Craig was my sister in law.

In the Spring 1870 I was going to Nashville. James Draper gave me $300 and asked that I purchase land from Lees who then lived in Nashville for C. E. Craig. James Draper was indebted when the land was purchased. Goodall heirs were litigating with him.

James Draper and Cora E. Craig lived together as one family when the Lee land was purchased and ever since the war until she died. Her husband was killed at the Battle of Chickamauga and she never married any more but remained with her father. She was upwards of thirty when she died. When he died he was probably going on 83. She was reasonable expected to outlive him. She was a stout healthy woman... last sickness was of short duration.

Nannie Craig except for ten months school at Cookeville remained with Grand Pa Draper. Mrs. Craig's Administratrix paid $50 on her board at Cookeville to C. R. Ford out of Mrs. Craig's personal estate.

/s/ R. A. Cox

N. M. Cox age 30.

Question: You say you heard Mrs. Craig lay claim to the land in the presence of James Draper... when...?

Answer: It was during the time my brother lived at the place now occupied by Benjamin A. Smith... about 1869 or 1870.

The land purchase was made 15 April 1870.

Ques: When did your brother R. A. Cox remove from the Smith place to the country.

Ans: The year 1871.

/s/ Nathan M. Cox [Crease, can barely make out signature]

Thomas J. Gailbreath age 59. I acted as agent for Lee several years [renting out land]. /s/ Thos J. Gailbreath

BILL OF COMPLAINT of William Read [Reed]... purchased land from James Draper in his lifetime between Bullards Creek and Jennings Creek near hog camps... Thomas J. Wilson's line... Abraham Hufhines line... William Hixes [Hix'] line... Witts line... about 1st February 1861. Went into possession at once but James Draper in his lifetime did not give any writing... repeatedly promised. About November 1872 James Draper died in Jackson County... James A. Montgomery is Executor. Said Montgomery in Draper's Last Will & Testament is authorized to make a deed. Land is valuable for its timber. Robert A. Cox who pretends to have a title has sold the land to Joseph Birdwell who is cutting trees. 9 October 1873.

INJUNCTION ISSUED: Clinton Jones filed Bill of Complaint this date... land bounded by Clinton Jones... claimed by Andrew Mariah and Joshua Schimmerhorn where they now live known as the Caroline Gipson tract... Andrew Mariah and Joshua Schimmerhorn are cutting valuable trees. 4th Monday in September 1884.

SUMMONS 27 November 1886 to E. L. Jackson, William Schimmerhorn, Marsh Spurlock, James Loftis, Sidney Jones, Clinton Jones and J. A. Montgomery, Executor of James Draper... give evidence cause of Clinton Jones v Andrew Schimmerhorn and others.


Sidney Jones age 22 of Jackson County, am a farmer. I know the property lines known as Gipson tract, sold by James Draper to Caroline Gipson... Myself and James Loftis carried the chain when it was surveyed.

Sidney [his X] Jones

E. L. Jackson age 54, occupation farmer.

/s/ E. L. Jackson

Clinton Jones age 58. Mariah Schirmerhorn's boys who lived there with her and worked for her to wit John and Carol and also William Schermmerhorn cut timber on the land. s/s Clinton Jones

BILL OF COMPLAINT of James A. Montgomery against Milton H. Draper. James Draper, deceased owned land in 3rd District on Wartrace creek bounded west by lands of defendant, east by land recently sold to Burr Davenport, south by Henry Sneed, north by land of Niel [sic] Carver... about 50 acres. Defendant has taken possession, cut and removed trees.

BILL OF COMPLAINT of James Draper against James E. Wheeler, Elijah Wheeler and Robert A. Cox, C & M.

James E. Wheeler is indebted to Complainant by accounts due for services rendered in various lawsuits of $150 - $200.

Some time in September 1866 Martha Jane Kirby recovered a judgment against James Wheeler for about $75. Orator became defendant's security for Stay of Execution.

Also security for a judgment of Ben Fox against said James E. Wheeler, U. T. Brown and A. Hoover.

James E. Wheeler is insolvent. [Blank] 1865 James E. Wheeler conveyed to defendant Elijah Wheeler land Dist. 11 on Flynns Creek adjacent lands of the heirs of Andrew McClellan, deceased, Elijah Wheeler and others... purpose of delaying creditors.

Further the suit of Alvin C. Ragland by next friend James E. Wheeler against John Keith and others was lately determined in Chancery, the said James E. Wheeler will be entitled to a Recovery... about $100 for his services as next friend in said suit... will come into the hands of R. A. Cox, C & M.

Defendant has an account against Orator for leather tanning, shoe making and spaying hogs, etc... some small amount. 16 July 1867.

/s/ James Draper


S. S. Carver [No age]. Knew James Draper in his lifetime. My father was Joseph Carver, deceased. He owned about 15-20 acres between two ridges back in toward the head of a hollow. I lived with my father and worked for him until I was about 18 and lived on the land and raised two or three crops after I married. I cleared and fenced part of it in 1867, something near three acres. He kept up the inclosure up to his death. My father as I recollect died in about 1876. Land bounded east by Sneed land purchased from Draper, north by Davenport, west and south by Joseph Carver deceased. Understand Sneed and Davenport bought from Draper.

Ques: Is Draper and Sneed now dead?

Ans: I have been informed that they are.

The heirs of Joseph Carver partitioned the land... land sold as a part of said estate... deeded to M. H. Draper. James Draper promised to make my father a deed but I never found it. My father had a lawsuit with Jeff Green when the court house burned in 1872. Papers may have been burned.

/s/ S. S. Carver

NOTICE OF DEPOSITION to be taken June 20, 1892 of Martha Carver, Sam S. Carver, Frank Hufhines, El?iza [possibly Elija] Hufhines, E. L. Jackson and Jackson Davenport.

NOTICE OF DEPOSITIONS to be taken 26 January 1889 of Neal Carver Sr., Burr Davenport, Jack Davenport, William Hunter and J. A. Montgomery.

Neal Carver age 56.

Ques: Say what the old men who are now dead told you and showed you about the [Draper property lines].

Ans: Old Billie Dycus told me where I might find the corner... he is now dead.

In the year 1874 when I came back to the country... Old man Carver said he had no deed... said Old man James Draper gave it [property] to him for carrying chains for him... this was after Draper's death.

Ques: Say whether Milton Draper married one of Joseph Carver's daughters.

Ans: Yes sir he did.

Milton Draper got the land after the death of the widow of Jo Carver absolutely and he lives on it now. [Signature, and possibly some depositions, missing - mlj].

J. B. Davenport age 36 [Nothing new - mlj]

ANSWER of Andrew Skinnehorn, Mariah Skinnehorn and Josh Skinnehorn. Respondent Andrew Skinnehorn purchased land from James Draper in 11th District about 1870. The said James Draper died February 1873... land bound by old cold [sic] yard on the ridge... road running from Lawsons shop to Amon Hail hollow to Flynns Creek... up from Johnson Spurlocks... Garret Fitzgeralds old field... land conveyed by James Draper to J. M. Wolf now owned by William Lawson... to the Rush or Caroline Gipson Hollow... up the branch to the Brooks line now owned by Spurlock... old still house... down N. P. Haile branch of Doe creek running down by Johnson Spurlock and others... meanders of the ridge... 100 acres more or less. Respondent is not trespassing, complainants are.

Respondent is the sold owner... Mariah and Josh Skinnehorn say the same.

Caroline Gipson signed a deed years ago to Cox & DeWitt when they defended her when James Rush charged her with arson... calls [survey marks/boundaries] are for the land conveyed to her by James Draper bounded west by James M. Woolf... 9 July 1883. Andrew [his X] Skinnehorn

BILL OF COMPLAINT of Clinton A. Jones against Andrew Schirmerhorn, Mariah Schirmerhorn and Joshua Schirmerhorn. Orator states he purchased land from R. A. Cox, paid for it and Cox refuses to give title bond. 7 September 1891.

/s/ Clinton A. Jones

DECREE: R. A. Cox to make a deed and give title to Clinton Jones. Andrew Schimmerhorn to pay for lumber he cut. Injunction to stay off property made permanent.


Richard Woodall age 25. Know James Draper and James E. Wheeler... at my house... Draper and Wheeler talked about what they owed each other. Draper said they tried to stay even and if there was a difference he owed Wheeler. Elisha Woodall and Adalin [sic] Woodall was present. It was after the late war and after the reorganization of the courts in the county after said war. It was after James Draper had attended to the suit Wodall and Wheeler had against Wm S. Johnson.


Ques: State if James E. Wheeler the defendant in this case did not drive your father and mother off of his land charging them with swearing false against him and charging them of keeping a house of bad character.

Ans: He drove my father and mother off of his land I don't remember of his charging them with false swearing or keeping a house of ill fame there was something said about Brown going there but I don't remember what it was.

[When I heard Draper and Wheeler's conversation] I lived in a house on the Hurricane branch on the old man Elijah Wheeler's land.

Ques: Where are the two persons that you say was present and heard... conversation?

Ans: They live down the creek on Gilky Rogers land about three-fourths to one mile from where they lived when the conversation took place. Father stayed one year after I left in the summer then Ben Reed went in.

Draper came to my house to get the papers fixed up in the case about Johnson whiping [sic] me.

Ques: What year and date is this?

Ans: This is the year '72 month of April don't know what day. W. S. Johnson accused me of stealing his water mellons [sic] and I talked saucy to him.

Richard [his X] Woodall

James E. Wheeler age 58. Me and Draper had been dealing since about 1850... don't consider there are any unsettled accounts. At Woodalls reckon 1865 or 1866 we talked about accounts... he said he was indebted to me... tanned hides and made shoes for his black and white family, furnished sweet potatoes, corn, was security for him.

Ques: State the lawsuits [on which you were security or involved]...

Ans: One with Jeff Jones, one against L. A. McCarver in Circuit court, three against William Hopkins... appeal from a Justices court to District Court.

Me against W. E. Jones, Charles Hopkins and Lawson ?Beech in Circuit court.

Two against Wm Johnson, I was plaintiff.

Two against Wm Johnson, I was prosecutor. Two of the last Johnson appealed to Circuit.

Two between myself and Ben Fox in Justices court and I appealed one of the two and Fox appealed the other.

One suit before McCue - Buck vs myself.

Me against Thos C. Williamson.

Me against Allen Manear to set aside a will ["made by Raglin" marked through - mlj].

They were all commenced and settled by 1866 except the Williamson suit filed in 1867.

I talked with James Draper here in Gainesboro in 1867... said we would both take the bankrupt law together... said I should not pay the Rufus Goodall debt that he would make it out of Rufus or the estate coming I don't remember which but he did make me pay the Goodall debt after that.

Abraham Hoover paid... $18 payment... judgment of Ben Fox against me and U. T. Brown and Hoover. I paid it to Hoover.

I am acquainted with the handwriting of Charles Hopkins but not John O. Hopkins... Draper said the Yankees run in and the women hid the books and the account was lost.

ADJOURNED, continued to April 18, 1872.

ANSWER of James E. and Elijah Wheeler to Bill of Complaint of James Draper.

Admits dealing with James Draper in years 1850 through 1866 or 1867... swapped work.

Martha Jane Kirby on 22 September 1866 recovered judgment against him.

Benjamin Fox on 22 September 1866 recovered judgment against him.

Respondent James E. Wheeler is liable as security for Complainant on guardian's bond for the child of W. W. Goodall and on his bond as Administrator of Thos J. Draper, deceased; as security on judgment in Chancery court 17 July 1866 against Martha Goodall, James Draper and this Respondent for $1617.76 and Respondent is informed that Complainant took the negroes purchased by Martha Goodall for which judgment was recovered... by agreement this debt is Complainant's.

Admits entitled to $100, Alvin C. Ragland vs John Keith.

Respondent admits 19 November 1865 he conveyed land to Elijah Wheeler. Elijah Wheeler had agreed to give said land to his son Leroy Wheeler but had never made him a title. 18 December 1845 his son said Leroy Wheeler sold land to Respondent James E. Wheeler and took his notes... after which Elijah Wheeler purchased. 18 September 1867. /s/ Elijah Wheeler

AMENDMENT to Bankruptcy Petititon dated 27 August 1869.

/s/ James E. Wheeler

ANSWER of Elijah Wheeler. Deny fraud. 6 Feb 1869.

/s/ Elijah Wheeler

DEPOSITION 15 April 1872:

William Johnson age 40. Knew James E. Wheeler and James Draper years 1856 through 1862.

Ques: Were you present at trials of:

James E. Wheeler vs Wm E. Jones, action of replevin,

State vs W. S. Johnson, assault and Battery,

James E. Wheeler vs Wm S. Johnson, abusing and killing stock,

Jeff Woodall vs W. S. Johnson, trespass,

James E. Wheeler next friend of Richard Woodall vs W. S. Johnson?

Ans: Know nothing of James E. Wheeler vs Wm E. Jones. Was present at... other trials against me.

/s/ Wm S. Johnson

LAND ENTRY No. 201 entered 11 February 1825 State of Tennessee unto James Draper for 55 acres on the waters of Flynns Creek south of Cumberland River.

[NEW] MONTGOMERY, JAMES A. et al vs DYER, LOGAN Chancery 1895

DEPOSITIONS 23 December 1896 at court house in Cookeville, Putnam Co., TN:

Geo H. Morgan age 55, am a practicing Solicitor. Was attorney for Dyer about Brewington lands, suit with Visa Gipson. Bowen Butler and I filed suit as Administrator of Thomas Brewington. Papers were lost, case dismissed.

R. A. Cox now deceased was a son in law of James Draper. Cox was solicitor for Visa Gipson.

R. A. Cox and James T. Anderson were Nancy Marcum's attorneys. She set up her claim as a child and heir but proof showed she was not an heir or was not born in wedlock. In the meantime some of the land had been sold for taxes and L. R. Dyer bought it. I was in court September term 1898, first day. I got in court and someone said J. P. Pippin was looking for me, but I didn't see him.

The cause was called of W. E. Lucas and Gore Lucas and Cora Lucas and others vs James T. Anderson and others. It was announced it was an ex parte decree [usually papers filed by one party without notice to the other]. Mrs. Lucas being Capt. Cox's daughter and J. T. Anderson his nephew by marriage I thought it was some decree pertaining to his estate... paid no attention.

I think the decree is fraudulent... would affect a vast scope of the country... 5000 acres, many farms and farmers. It does not mention the Brewington land. L. R. Dyer did not appear, and it was taken for judgment pro confesso [didn't make defense, so therefore must be correct/confessed] against L. R. Dyer and John Flatt and also against James T. Anderson and wife. It appears on Minute Docket "M" pages 540-41. If executed it would dispossess many people not parties to the suit.

/s/ Geo H. Morgan

L. R. Dyer age 56. Land in controversy is the Thomas Brewington land bounded west by S. R. Jackson, north by F. P. Fox, south by Visa Gipson, east by Henry Fox, 12th District. Process was served, case sought to be reviewed. I was sick September term 1868, was not in court. Suffered from piles, other ailments, couldn't ride.

Visa Gipson lawed me about it, then Nancy Marcum.

R. A. Cox, an ancestor of some of the complainants and a near relation of complainant J. A. Montgomery, was attorney for Visa Gipson.

I sent word by J. P. Pippin to have Geo. H. Morgan to attend to the suit but Geo. H. Morgan didn't get it [the message]. A decree was issued against me.

I bought the property at a tax sale, filing tax deed as an exhibit [not filmed]. Hansford Brewington and the other heirs of Thomas Brewington were owners outside the dower. /s/ L. R. Dyer

DEPOSITIONS 26 November 1895:

E. L. Gardenhire [No age]. I drew the decree, case of Logan Dyer and John Flatt. John Flatt I understand is the son in law of Logan Dyer. John Flatt was arrested and brought here March term 1893. I understand John Flatt lived on the land.

I have examined papers in the case of C. C. Price against Absolom Johnson. Price had the land embraced in Johnson's grant, sold I believe 9 February 1869. R. A. Cox and James Draper became purchasers, deed dated July 16, 1875.

/s/ E. L. Gardenhire

Frank Fox [No age]. I carried the chain when it was once surveyed. Known as part of the Dr. Johnson grant.

Logan R. Dyer took possession by process of law five or six years ago. Vicey Gipson was in possession, was dispossessed by an officer.

Thomas Brewington died one or two years after the war broke up in Buffalo Valley where he had moved during the war. After the war his widow moved back to the place and lived there til she died. Thomas Brewington lived on the place 36 or 37 years ago. Think he moved to Buffalo Valley the first year of the war. His widow moved back soon after his death, maybe a year or less. She lived there twelve or fifteen years until she died - that long I'm satisfied - might have been longer.

My father John Fox told me that he John Bowrington and Richard Fox laid off the widow's dower. I have the deed from Draper to Bowrington calling for the Brewington land, the same in controversy.

My land is bounded by the Brewington land and I bought the land of Bowrington that he bought of Draper.

/s/ F. P. Fox

J. P. Pippin, lawful age. L. R. Dyer asked me to have Geo. H. Morgan handle the case for him.

/s/ J. P. Pippin

E. L. Gardenhire, lawful age.

Ques: Do you know when John Flatt Jr. was brought here under an attachment for contempt?

Ans: March 1893. Attachment issued February preceding... agreed if they would pay for the timber, about $8, I would discharge.

/s/ E. L. Gardenhire

E. L. Jackson [No age]. Draper owned a 5000 acre tract north of the Absolom Johnson 5000 acre tract. Absolom Johnson moved from this country to Texas think between [18]50 and [18]55. Believe Brewington took possession between [18]55 and [18]60. Don't know how long they lived there.

/s/ E. L. Jackson

ANSWER of Logan R. Dyer to Bill of Complaint of J. A. Montgomery and others. James Draper and R. A. Cox are dead, complainants are the heirs at law. Denies they are owners of land in controversy. Admits it is Grant land, but he bought about 50 acres for taxes bounded north by F. P. Fox, south by Visa Gipson, east by Henry Fox, west by S. R. Jackson. Same belonged to heirs of Thomas Brewington until it sold for taxes and costs... Minute Docket "M" page 540, W. E. Lucas & others (naming them) and James T. Anderson and others (naming them).

About 40 or 50 years ago Thomas Brewington purchased from James Draper the ancestor of complainants, a portion of the land now claimed by them, about 276 3/4 acres... general warranty deed, bounded west by L. D. Johnson and F. P. Fox, north and northeast by T. J. Roslr [looks like] and Henry Fox, east by J. S. Jackson, south by Mack Pippin and Carol Pippin. Thomas Brewington held the land 30 to 50 years until his death in 18[blank]. After his death the 50 acres described as belonging to respondent was laid off to his widow Missa Brewington. She died 18[blank], taxes accrued and he purchased it.

Balance of the 276 3/4 acres belongs to this respondent and the heirs of Thomas Brewington, deceased, other than those from whom he has purchased. Respondent purchased shares of Fhina [or Thina] Brewington and Reuben Brewington a sister and brother of said Thomas Brewington. He had no children so his brother and sister were the only heirs at law. Hansford Brewington of Jackson Co., TN is another brother, owns one share. These are all the heirs known by this respondent to be living. 20 March 1895. /s/ Logan R. Dyer

ANSWER of James N. Cox by guardian J. T. Anderson to the cross bill of L. R. Dyer filed 20 March 1895. Respondent knows nothing, is advised the land belongs to heirs of James Draper and R. A. Cox. Asks it be decreed to them and for the Court to protect interest of minor heir. 9 April 1896.

CAUSE HEARD 31 May 1897. Case of James A. Montgomery, James T. Anderson and wife Mary J. Anderson, James N. Cox by next friend J. A. Montgomery, N. J. Cox, A. J. Dudney and wife Nannie Dudney, James W. Draper, Ben Franklin and wife Elizabeth Franklin, W. E. Lucas and wife Cora Lucas, John A. Epperson and wife Clara Epperson, C. R. Ford and wife Henrietta Ford, James Fitzgerald, Joseph Fitzgerald, Thomas Kirkpatrick, John Kirkpatrick, Sallie Kirkpatrick, James Williamson and Susan Williamson, last two minors by next friend J. A. Montgomery against

Logan R. Dyer.

10 September 1892 Complainants sued Logan R. Dyer and John Flatt to recover land on waters of Flynns creek, south side of Cumberland river.

Subpoena issued commanding them to answer, March term 1892. August term 1893 decree pro confesso issued against them, and September 22, 1893 final decree was issued.

Court states L. R. Dyer had ample opportunity to have defended the bill filed September 10, 1892 and the decree was proper... cross bill be dismissed. Minute Docket "N" pages 549-52.


Vicie Gipson. Don't know my age... am up in 60, live 12th District, Jackson Co., TN. Know L. R. Dyer and J. A. Montgomery, don't know other parties to the suit.

Ques: How long have you known the land under dispute.

Ans: We lived there 21 years before Dyer dispersed us.

Ques: How long did Thomas Brewington live on the land before his death?

Ans: One year after he bought it. I think it was the second year of the war.

Ques: When did you and your mother move on the place after the death of Thomas Brewington?

Ans: The next year after the war.

Ques: How long did you and your mother live there on the land before her death?

Ans: Mother lived there 21 years and I lived one year after she died. Dower was laid off to her by Rich Fox and John Fox and John Bowrington. Mother said she had a deed I cant read nor rite myself.

Speck Washburn had the deed. Mother called on him several times to get it back... never did. I know Speck Washburn. He is dead. Speck Washburn was an attorney in Gainesboro when he got the deed from Mother. She paid taxes.

Ques: About what time did L. R. Dyer dispossess you?

Ans: About 10 or 11 years.

Ques: How long has your mother been dead?

Ans: 11 years.

John K. Fox is dead. Rich Fox is dead. Tobias Gipson is dead.

Vicy [her X] Gipson

Test: F. R. Fox

DEPOSITION 10 June 1896 at John Brewington's in Bloomington, Putnam Co., TN:

John Brewington [No age]. Knew James Draper in his lifetime... bought some land from him. Known the land involved in the suit since about 1863. Bought it in 1867 from Jim Draper and he wrote the deed, it included the Thomas Brewington land. Thomas Brewington died about 1864. Know his widow. I was a commissioner who laid off the dower. She had the deed.

Met Speck Washburn and Tobias Gipson and they asked about the deed. Told them I had given it back to Mrs. Brewington. Tobias Gipson was said to be Missa Brewington's brother.

Ques: State if you built a house on the land for the widow.

Ans: About 1866 the old house had got burned up. She the widow Brewington lived in the house I built for her from 1866 until her death. I lived on the adjoining place about 18 years from 1863 to about 1881 or 2. After Missa Brewington died Vicie Gipson a daughter of Missa Brewington lived there until she was dispossessed. I paid taxes on it several times and brought her the receipts.

John [his X] Brewington

DEPOSITIONS August [?] 1896:

J. P. Pippin [No age], live Jackson Co., am a farmer and a lawyer. Thomas Brewington lived on the land about 1860 or 61 for maybe a year. Next was his widow, lived there 10-12 years, maybe longer.

Visa Gipson lived there when the old lady died.

Ques: Was Vici Gipson an heir of Thomas Brewington?

Ans: Well I suppose not. I don't know it myself.

I was helping Brewington raise a still house just before he moved on the place and old man Woolbright came along and raised a growl over where we were putting it, partly on the road. Woolbright lived on the place. Brewington said he had a right to put it there... was not a public road.

Ques: Where did Thomas Brewington move to and why...

Ans: The excitement of the war caused him to move. He was a union man.

Shortly after the war while Mrs. Brewington lived there Henry Brewington a half brother to Thomas Brewington claimed he had an interest in it... claimed he had advanced a horse in payment. Filed suit, came to my house to take depositions. His witnesses wouldn't swear what he wanted them to, I was J.P. First elected 1867 or 68, served until 1876.

John Flatt Jr. is L. R. Dyer's son in law. He lived on Dyer's home place or the Brewington place in 1892. Don't remember which. They're something like three miles apart.

I have a license to practice law.

/s/ J. P. Pippin

L. K. Smith [No age]. I was an acting J.P. in 1895. If I had given judgment it would have been in favor of L. R. Dyer.

R. A. Cox died June 18, 1892 I think... a recitation on Minute Book E page 563... confident that is correct.

Ques: Did you know B. B. Washburn, sometimes called Speck Washburn?

Ans: He died many years ago, suppose 20 years.

/s/ L. K. Smith

BILL OF COMPLAINT of James A. Montgomery, James T. Anderson and wife Mary Anderson, James N. Cox by next friend J. A. Montgomery, N. J. Cox, A. J. Dudney and wife Nannie Dudney, James W. Draper, T. J. Draper, Ben Franklin and wife Elizabeth Franklin of Jackson County; W. E. Lucas and wife Cora Lucas of Spartanburg, SC; Jno A. Epperson and wife Clara Epperson, C. R. Ford and wife Henry Etter Ford of Putnam Co., Tennessee; James Fitzgerald and Joseph Fitzgerald of the State of Texas, Thomas Kirkpatrick, Jno Kirkpatrick and Sallie Kirkpatrick of the State of Missouri, James Williamson and ____ Sam Williamson of Smith County, Tennessee who are minors by next friend J. A. Montgomery...

Complainants are owners of land south side Cumberland river, waters of Martins and Flynns creek... Granted to Absolom Johnson and at a sale of said land James Draper and R. A. Cox became purchasers.

DEPOSITION 11 and 12 September 1893:

W. R. Dyer age 75. Purchased a portion of the tract from both Johnson and Draper and attorney. Took a deed from Absolom Johnson for the Thomas Davidson tract which was sold to Robert Jackson and by Jackson to Davidson. I took them to Gainesboro to have them proven by James Petty and Dudley Brown did not come on that day and before he did come they were burned and the deeds burned.

/s/ W. R. Dyer


DEPOSITION June 1907 at resident of deponent, 1st Dist., Jackson Co., TN:

Elizabeth Hunter about 47. Live 1st District. Known Whitakers 30 years, Montgomery 25. Live not far from them.

The land in controversy is between Mr. Lawless' line and Montgomery's line. I owned said land... paid for it... bought it from Press Maynard... paid all he asked - cow, other stock and some work. He put me in possession. I sold it to John Whitaker, the ancestor of the defendants Joe and Roland Whitaker.

Ques: Did Press Mainer promise to make you a deed when you paid for it?

Ans: Yes... His wife said she would not make a deed to it. He said when Lawless made a deed to him that he would have Lawless to make it to me instead of making it to him, but he did not.

John Whitaker is dead.

I was living on the land when I made the trade with Press Maynard. There was a house on the place when I left it. Press Mainor had it built... was a little plank house. Think John Whitaker tore it down. John Whitaker's wife is dead, don't know how long.

Ques: Where have defendants Joe and Rowland Whitaker been living since their mother's death?

Ans: Here and yonder and about... both lived here a part of the time.

Elizabeth [her X] Hunter

DECREE 10 June 1907: Judgment for Plaintiff and against Roland Whitaker... dismiss Joe Whitaker as he had abandoned and moved off before suit was filed.

[NEW] MONTGOMERY, J. F., Admr of MONTGOMERY, R. B. County 1893

FINAL SETTLEMENT 3 June 1894 with J. F. Montgomery, one of the administrators of R. B. Montgomery, deceased... heirs having been notified.

Execution against Henry Clay (col.) on a note due of $18.58.

Receipt from R. S. Montgomery, guardian of R. Bruce Montgomery, his distributional share of said estate, $100.00.

Receipt from R. S. Montgomery, guardian of Nannie Montgomery, her distributional share of said estate, $100.00.

SETTLEMENT with A. H. Montgomery, Administrator of Robert Montgomery, 1st Monday in February 1880.

Receipt of W. A. Montgomery for his distributional share, $33.02.

Receipt of R. B. Montgomery for his distributional share, $33.02.

JUDGMENTS - all dated 21 August, 1893, all J. F. Montgomery and James Hargis as Administrators of J. F. Montgomery against:

Sid Smith, $6.10; A. A. Duke $7.56; J. S. Apple $12.10; Sid Spurlock $3.93; Geo. Stafford (col.) $5.75; Thackston Carter $5.75; M. V. Dillard $6.80; A. C. Clemons $5.50; Thomas Lambert $3.62.

[NEW] MONTGOMERY, J. S. vs CLARK, A. N. et al Chancery 1896

DEPOSITION of Parsetty Clark, who gave her deposition [blank] 1896... said deposition lost or mislaid:

Parsetta Clark [No age]. She and defendant were married 5 December 1895. Immediately after said marriage she and defendant A. N. Clark moved into the house with Charlotte Wilson... lived there until 27 March 1896. During this time Dr. Gillock never visited Charlotte Wilson or gave her any medicine.

He did come on the day of the trial, case of Thomas McCoin vs Charlotte Wilson which occurred March 1896 a few days before witness and husband A. N. Clark moved.

During this time Charlotte Wilson was not sick nor did she need a doctor.

On the 4th day of March 1896 James Hix came after Charlotte Wilson to go to his house and wait on his wife when their baby was borned which was borned on the 4th day of March 1896... she was able to go and wait on Mrs. Sallie Hix. She staid [sic] two days and nights.

DEPOSITION of A. N. Clark, who gave his deposition [blank] 1896... lost/mislaid:

Dr. E. D. Gillock visited his [Clark's] grandmother only occasionally in the year 1893. She had a sore on her neck and a bilious colic occasionally. Dr. Gillock only visited her a few times in 1894 and 95... colic... gave her a little salve to rub on her neck. Never had... any kind of fever.

A. N. [his X mark] Clark

NOTICE OF DEPOSITIONS: To be taken May 26 1897 near residence of H. L. Sadler in Dist. 4 of Mary Clark, Mrs. Lucinda Hix wife of Lon Hix, Mrs. Lucinda Hix wife of A. E. Hix, Lon Hix, Nancy Wilson, Malvina Hix, Ira Munday, H. L. Sadler, Peter Clark, John Sneed, Jerry Sneed.

DEPOSITIONS Filed 16 Sept 1897 [No date on depositions - mlj]:

B. D. Clark [No age]. My brother Phillip Clark...

My grandmother Charlotte Wilson sold her interest in her estate to A. N. Clark and wife.

Never went to Charlotte Wilson's house and cursed her... she raised me. I scolded her for deeding her land...

Ques: Didn't A. N. Clark pay you and your brother $400 each out of the funds he inherited from the Nevil estate.

Ans: Yes sir.

My land joins A. N. Clark's. He owns more land than I do. I am the oldest.

We did not own the [Charlotte Wilson] land but were her only heirs... we three brothers. We transferred our interest to A. N. Clark and expected him to get it at grand mother Wilson's death.

Defendant Jas. Woof is now in possession. J. C. Gaines is living on it, renting I suppose.

Ques: Say whether Sherman Wilson and his wife attended to Mrs. Wilson from the time they moved there until she died.

Ans: They were there... don't know what they did. I heard her [Charlotte Wilson] say she wanted Sherman and Etter paid for their services.

/s/ B. D. Clark

James Wolf about age 36, farmer, live waters of Indian creek, am a defendant.

I bought the land from Charlotte Wilson 23 March 1895, gave $650. Paid $400 and was to pay $250 cash at any time they needed it.

She talked about going to Texas and if she did not go to Texas she was to come and live with A. N. Clark and I was to pay Clark the balance along as he needed it... land on Hunting Creek... deed 31 March 1896. A. N. Clark got dissatisfied, said people were eating him out of his home, wanted another piece of land. The said Clark was my son in law and the grand son of Charlotte Wilson... my desire to see my daughter and her husband own a home.

She [Charlotte Wilson] said there was no lien on the land... no debts except about $16.50 she and A. N. Clark owed Dr. Gillock. Dr. Gillock rode up on 27 March 1896 as Arklo and his wife were fixing to move to Indian creek. We had one wagon loaded. Dr. Gillock and Arklo were talking about the debt. Dr. Gillock said it was $15.00 or $16.00 that you and Aunt Charlotte owes me, $7.50 for treating Arklo's first wife and the balance for doctoring Mrs. Wilson.

Ques: State whether or not you visited a little or a great deal after she married A. N. Clark and moved to and lived with Mrs. Charlotte Wilson.

Ans: I visited several times. I own 200 acres on Indian creek worth $2,000. What I deeded to A. N. Clark was part of the old Dick Forkham farm.

A. N. Clark married my daughter 5 December 1895.

Charlotte Wilson wanted to sell her land and go to Texas and live with Phillip Clark.

Parsetta, Arklo's wife, said she did not want to sell out.

James [his X] Wolf

H. A. Crabtree, lawful age. Knew Charlotty Willson many years prior to her death. She sued Thomas McCoin for trespassing on her land and employed me as attorney... The suit was about 21 March 1896 before she died in July the same year. She agreed to pay me $5.00... is unpaid. I had a conversation with A. N. Clark about one month ago after he moved back to Hunting creek. I told him I thought the conveyance to James Wolf was a fraud. He said of course it's a fraud.

Ques: Are you one of Complainant's attorneys.

Ans: I am.

Ques: Were you talking to the others about compromising this suit when you heard Arkelo Clark say it was a fraud? Wasn't Jeff Willson and Grundy Clarke there drinking and talking?

Ans: If Jeff Wilson and Grundy Clark were drinking... couldn't tell it on them.

Ques: State whether A. N. Clark is very nervous... talks... hard to be understood.

Ans: Seems to be nervous. I could always understand him tolerable well...

P. T. Clark a short while before she [Charlotte Wilson] conveyed it to James Wolf asked me to buy the land for him and asked me to give them $600 I never tried to buy the land of them for him.

/s/ H. A. Crabtree

J. C. Gaines, lawful age.

Ques: What relation are you to Sherman Wilson one of the complainants.

Ans: I don't claim any kin he married my half sister... If I ain't whole brothers and sisters I don't claim much kin. /s/ J. C. Gaines

A. E. Hix [No age].

Ques: Do you know the character of W. D. Ray, Alen Strode, M. E. Wilson, Johnathan B. Wilson, Mary Clark, Lucinda J. Hix, Lucinda S. Hix, Nancy Wilson, John Sneed.

Ans: Don't know Sneed, others good, entitled to full credit, court of justice.

Ques: Do you know character of S. G. Clark, S. E. Clark, B. D. Clark.

Ans: Good, entitled to full credit, court of justice.

Ques: Character of E. Carnahan, L. B. Wilson, A. B. Sisco, Sherman Wilson and wife Etta Wilson, J. S. Montgomery, G. D. Kennedy, Peyton Kennedy.

Ans: Good, entitled to full credit, court of justice.

Ques: Character of J. C. Gaines.

Ans: Known 20 years, live 2 1/2 miles. Good, entitled to full credit, court of justice.

Ques: Character of E. D. Gillock?

Ans: Good, entitled to full credit, court of justice.

Ques: Did you hear A. N. Clark and E. D. Gillock talking about a doctor bill?

Ans: In November I was gathering corn for Sherman Wilson and Sephus Gaines and Dr. Gillock came up there... A. N. Clark asked Dr. Gillock to take his note for the debt and Gillock said no. Arklo then replied I reckon you want my farm for the debt. Dr. I think went off then. It was November after she [Charlotte Wilson] died in July. [Signature missing, maybe more of deposition also - mlj

DEPOSITION 30 August 1897:

Youn [sic] Wilson age 47. Charlotte Wilson was my cousin. I went to her house in the year 1895... She said she had got hard up about money... would have to sell a yoke of yearlings to pay taxes. Dr. Gillock was her doctor 12-14 years. She was about age 80 and had gotten feeble. She said after her death she wanted her doctor bills and debts paid then she wanted Arklo and his two children to have the balance of the land.

Ques: What is the character of J. C. Gaines, Alex Hix, Larkin Hix, Dr. E. D. Gillock and A. H. Strode.

Ans: Good.

Ques: Character of James Wolf, Arkelo Clark, Arkelo Clark's wife and R. V. Brooks.

Ans: So far as I know good.

/s/ Y. Wilson

DEPOSITION 29 May 1897:

J. G. Howell [No age]. I purchased shoats from James Wolf and A. N. Clark Spring 1896.

/s/ J. G. Howel

DEPOSITION 6 September 1897:

J. M. Cunningham, nearly 30 years old, now live on Cunningham Island in Sumner County, Tennessee. Know all the parties [to the suit] when I see them.

Heard a conversation between A. N. Clark, James Wolf and Dr. E. D. Gillock 11 April 1896 near my house on Jim Wolf's land. I was settling a bill for my mother in law at the same time and place. Dr. Gillock came to my house and wanted me to pay him. I had no money but said if I could get it from Wolf I would pay. He said he had bought a cow from Wolf and the doctor bill he was settling with Arklo and his grandmother did not quite cover the cow. [Stated they all swapped notes and receipts - mlj].

I paid $4.00 for my mother in law at that time and he said if there was more he would make Levi Wilson pay it.

I am acquainted with the land on Indian Creek James Wolf let A. N. Clark have... worked on it about six years off and on, was with the surveying party when they set up the corner stones. Wolf and Arklo did it themselves. /s/ J. M. Cunningham


When I lived on the Wolf farm I was about 400-500 yards from him. Nathan Huff and Arklo Clark were talking near Sam Tays house... about 100 yards from my house. I don't own land in Jackson County.

/s/ J. M. Cunningham

DEPOSITIONS 11 September 1897:

Uriah Lee, am a little over 50 years old, don't know exactly. Live Wartrace creek in Jackson County. Knew Charlotte Wilson from 1865 up to her death. She was a very sosible [sic; sociable] old lady and loved to talk to her friends and neighbors.

She wanted to sell her land to me. Soon after she told me she sold it to James Wolf and thought now she and Arklow would both go to Texas. Her mind was good.

About the 1st of April 1896 I stopped by... she called Arkalo's wife to fix my dinner, insisted that I stay for dinner.

S. H. Cunningham's character is good.

Uriah [his X] Lee

R. V. Brooks [No age]. Sherman Wilson was present when I wrote the deed and took Mrs. Wilson's acknowledgment to the Hunting creek land she sold to James Wolf 31 March 1896. He assisted me and Alexander Hicks in getting the boundaries so I could write the deed. She said she heard I had a $900 mortgage on James Wolf's land and it covered that part of the land to be exchanged. I told her I had no mortgage [on his land] for any amount. James Wolf asked about the title to her land... she said it was clear. Myself and Jim Wolf advised her not to go to Texas, to stay with Arklo. She never got off to Texas.

/s/ R. V. Brooks

A. N. Clark [First part missing - mlj].

I got one-sixth of A. Nevil's estate. My part amounted to about $1600 that came to me under Alex Nevil's will.

Ques: State whether you and your grandmother lived on the land from your earliest recollection until you were a grown man...

Ans: She bought it about 19 years ago and since that time I never lived any where else except about six weeks and that was when I lived on Indian creek. General Clark and I run the farm together until I bought General and Phillip out and from that time I attended to the old lady's business - renting her land out, collecting her rents, paying her doctor bills &c. Before General sold out to me he and I attended to all these things for grandmother. She wanted me to buy out the other boys and live with her because I was afflicted and she had always cared for me more than the others because I needed more attention and assistance than Phillip and B. D. Clark did.

Ques: Take a look... at $16.50 note you executed to Dr. Gillock... is that the entire indebtedness.

Ans: My first wife took sick October 1895. Dr. Gillock waited on her... last sickness lasted eight days and she died 13 October 1895. I let him have ten bushels of apples at 25 Cents per bushel... went to him to settle up, told him I had a bad back and to be as easy as possible. He said he'd just charge $5.00 which left $2.50... he doctored my little girl... don't know how much that was. I told him to add what I owed for grandmother - all in the $16.50 note. Peyton Canada wrote the note... it was about 150 yards from Gillock's to the store where Canada wrote the note. I made my mark and carried it back to Gillock. It's a good mile from grandmother's house to Dr. Gillock.

[When the trade was made with Jim Wolf] I was there and my wife Parazetta Clark and Jim Wolf and grandmother Charlotte Wilson. He gave $650 for it; $400 in land on Indian creek and $25 to grandmother and said he would pay the rest to me as I needed it.

Dr. Gillock said the best thing I could do was get away from Hunting creek... had so much company they eat me out of house and home.

Dr. Gillock came out to James Wolf's and looked at a milk cow, handed me the $16.50 note. I asked for a receipt and he said the note was my receipt... it was on Indian creek at Jim Wolf's last April 1896.

I made a contract for Sherman Wilson to take care of the old lady... I was to furnish provisions [itemized on film reel]. Sherman Wilson cultivated part of it, Lacy Carnahan cultivated part of it. Cephus Gaines helped Sherman tend his part.

Ques: At the time Peyton Kennedy wrote the note was his father J. D Kennedy present.

Ans: J. D. Kendy [sic] came in while Payton was writing the note.

I lived on Indian creek land about six weeks, moved back to Hunting creek where Sherman moved out of. I traded for it back. I wanted my old house. I was raised there.

A. N. [his X mark] Clark

DEPOSITIONS 4 March 1897:

T. J. Forkum age 48. Know parties. Owned Indian creek land.

T. J. [his X] Forkum

James Hix age 47 [or 49?]. Know parties, knew Charlotte Wilson. Known Arklo all his life... since I've known anybody. Lived about one mile of her. She sold P. T. Clark a little portion of the land several years ago. She and Arklo have been renting the land out.

I have five children living and one dead. Charlotte Wilson waited on my wife at the birth of all my children. My youngest child was born 4 March 1896. Charlotte Wilson waited on her. The oldest is 15 or 16. I have a record at home, don't recollect in my head.

Ques: Character of Lacy Carnahan, E. S. Carnahan, James Wolf, Arklo Clark and Parsetta Clark...

Ans: Good, entitled to full faith...

Dr. Gillock has lived in this neighborhood about 15 years.

Charlotte Wilson bought land from Shelton Creighead. She sold some to P. T. Clark.... old aunt Lottie was a little weaker than she once was, mind was fine when she tended to my wife.

Ques: Isn't there something wrong with A. N. Clark and hasn't his brother B. D. Clark watched over his business all the time.

Ans: Yes, he is not as stout as some men...

...land Peter Clark purchased from Charlotte Wilson.

/s/ J. ?N. Hix

E. S. Carnahan age 30. Lived 300-400 yards of Charlotte Wilson... on her farm. Don't remember her selling land to Peter Clark, do remember her selling land to General Clark.

Ques: Say if you heard what General Clark said to her when he came from Nashville.

Ans: She said that General come in and never spoke, only swore... said you have signed your life away or your right away and she replied, Didn't I sign it to you and Philip.

I am the wife of Lacy Carnahan. Lacy rented from Arklo.

I have known Mrs. Charlotte Wilson ever since I can recollect. Before I was married lived about 1 1/2 miles from her, have lived 300-400 yards of her about four years.

The suit with Thomas McCoin was at Charlotte Wilsons. Witness were sworn in the Big house and then moved to the kitchen. I was a witness.

/s/ E. S. Carnahan

Sallie Hix, age 35. Know parties, knew Charlotte Wilson, lived one-fourth to one mile of her. She attended at the birth of ever one of my children. I have six. Oldest will be 16 the 17 day of April. The baby was a year old the 4 day of March 1897.

We moved to Bullards creek and stayed about a month and a half we moved back out to Uncle Bill Hixes [sic; Hix'] and stayed until the last of the summer.

Ques: Is it not a fact... her grandson B. D. Clark bought her burying clothes?

Ans: He sent for them... don't know who bought them.

Mrs. Charlotte Wilson raised B. D. Clark and he lived on her land... tended her land many years, paid no rent. She lived with him as one of the family. He moved off some 3 - 5 years before she died. Arklo lived with her just as General did. Sallie

[her X] Hix

DEED: We B. D. Clark and wife Mary Clark and P. A. Clark and wife Mary Clark... $800 to us paid transfer and convey to A. N. Clark tract on Hunting fork of Jennings creek, north side of Cumberland river, 4th Dist., Jackson Co., TN... bounded by northwest corner of a small tract belonging to B. D. Clark... east to A. E. Hixes line, north and east with said Hix boundary to the south boundary of the A. Nevil tract now owned by B. D. Clark, west to Hunting creek... T. J. McCoin's east boundary to J. W. Hixes north boundary... 200 acres more or less known as Charlotte Wilson tract of land. 1 May 1893.

/s/ B. D. Clark, P. A. Clark, Mary Clark, Mary Clark

AFFIDAVIT of J. S. Montgomery. I was appointed administrator of the estate of Charlotte Wilson at the request of E. D. Gillock and Sherman Wilson who were creditors... in order to collect and or file suit against the heirs... prosecuted the suit... adversely decided against him. She had no personal property and title was in James Wolf. Nothing came to him, not one red cent. 28 June 1902.

NOTICE OF DEPOSITIONS to be taken 29 May 1897 of Frank Gregory, John G. Howell, P. T. Clark.

NOTICE OF DEPOSITIONS to be taken 30 February 1897 of Syd Clark and Lacy Carnahan; 31 May 1897 of Lark Hix.

BILL OF COMPLAINT of J. S. Montgomery, administrator of Charlotte Wilson, E. D. Gillock and W. S. Wilson against

A. N. Clark, B. D. Clark, Phillip A. Clark, James Wolf, G. G. Gaines and H. A. Crabtree all of Jackson County except Phillip Clark now a resident of Texas.

Charlotte Wilson died intestate [blank] July 1896. A. N., B. D. and Phillip Clark are her grandchildren and only heirs.

Estate owes W. S. Wilson for services rendered during her last sickness... $125; to G. G. Gaines by note $15.00; to H. A. Crabtree $5.00; cost of administration [blank] not known; E. D. Gillock $250.

Charlotte Wilson was old and decripit at her death, age about 81 years old, unable mentally to attend to business.

A. N. Clark was a grandson... great deal of influence... short time before her death, induced her to deed land to James Wolf... charge deed is fraudulent.

Defendant A. N. Clark is a son in law of defendant Wolf... part of this scheme. 9 September 1896.

BILL OF EXCEPTIONS [Attorneys objected to items not on film, apparently were depositions since lost. Only one statement with genealogical interest - mlj]:

S. G. Clark [No age].

Ques: Did you have a conversation with Mrs. Wilson your grandmother?


M. D. Ray [No age].

Ques: Do you remember when A. N. Clark's wife died.

Ans: Yes sir.

Ques: Who acted as a nurse... her last sickness.

Ans: I was there two nights and three days. Dr. Gillock was the physician. He was there ever day and some twice... there when she died. His [A. N. Clark's] little boy was sick.

Ques: Did he not have a child to die about the time Mrs. Clark died?

Ans: Shortly afterward.

/s/ M. D. Ray

Allen Strode [No age]. Knew Charlotte 40 years. She was sick 2 or 3 years prior to her death. Dr. Gillock was her physician after Dr. Clark left this country. She once said she hadn't paid him anything since General Clark had left.

/s/ A. H. Strode

A. E. Hix. Have previously given my deposition. Lived one-fourth mile from her 12-14 years. No one talked to me and Lark Hix about the case [testimony]. When she signed the deed she said all she wanted out of it was $25 and wanted Arkelos children to have the rest.

/s/ A. E. Hix

Larkin R. Hix [Nothing new, no age].

/s/ L. R. Hix

M. E. Wilson age 35. Am the wife of Sherman Wilson. Was with Charlotte Wilson from 23 March 1896 to her death July 1896.

/s/ M. E. Wilson

Johnathan B. Wilson age 67. Charlotte Wilson was my sister. Think she was 80 or 81 when she died.

/s/ J. B. Wilson

M. W. Gaines age 67. Last saw Charlotte in May or June 1896. She was feeble in body and mind.

/s/ M. W. Gaines

W. D. Ray age 42. When Charlotte died I lived in Kentucky - move there 19 January 1896. For 16 years, lived 1 1/2 - 2 miles from her. [No signature].

E. Carnahan age 45, live 13th District, am a farmer, know parties.

Ques: Was not Clark nervous... hard to understand?

Ans: He was nervous. I understood him.

Ques: Haven't you got kind of a hang in your language.

Ans: Yes sir I don't talk as plain as a heap of folks.

E. [his X] Carnahan

Levi Wilson [No age].

/s/ L. P. Wilson

A. B. Sisco [No age]. Charlotte Wilson was my own aunt. Her health was tolable poorly at her death.

Am a cousin to Sherman Wilson.

I live in the 4th District on my own farm.

/s/ A. B. Cisco

Sherman Wilson age 26. Lived on Charlotte Wilson farm about two years. Her health was bad last year before her death.

General Clark left there in 1894.

A. N. Clark's wife took sick about the 1st of October 1895 and died 13 October 1895. Dr. Gillock attended to his child the spring previous.

Mrs. Wilson died about July 27, 1896.

Ques: Before you moved to Charlotte Wilson's your child had died had it?

Ans: No sir.

Ques: Well it died before the land trade hadn't it.

Ans: Wouldn't be positive...

Ques: Don't you know that your old aunt who is dead does not owe you... kept you up and fed you when you wasn't able to feed yourself.

Ans: Kept myself up... not as good as some... got by.

/s/ W. S. Wilson

Peyton Kennedy. Wrote a note for A. N. Clark in 1895.

/s/ Peyton Kennedy

J. D. Kennedy... Came in about the time my son got through writing a note for A. N. Clark... to Dr. Gillock for doctoring his wife.

/s/ J. D. Kennedy

J. C. Gaines. Lived on Charlotte Wilson's place near her the year before she died. Dr. Gillock made two trips a week when at her worst.

Sherman Wilson is my brother in law. He married my half sister.

I have been paying Dr. Gillock in onions.

/s/ J. C. Gaines

B. D. Clark age 41. Am a grandson of Charlotte Wilson, lived with her for some time. Left five years ago, 21 December 1891.

I paid for her burial clothes. I have not paid for her coffin, but had it built.

I went to Nashville on a raft during the time she made the deed to Wolf. Saw her just before the trial March 21, 1896. Saw her soon after returning from Nashville. P. T. Clark had offered her $700 [for the farm] and that Granny was willing to sell it.

[Rest missing, including signature].

S. B. Fowler, am a practicing physician, graduated from Ohio Medical College in Cincinnati the Spring 1881. Don't charge for saddle bag medicine, do for other [Testimony as to fees].

/s/ S. B. Fowler

S. H. Minor, practicing physician, graduated University of Tennessee at Nashville Medical College. Reside and practice in Gainesboro, four years.

Don't charge for saddle bag medicine, do for other.

Ques [Regarding pneumonia types/causes. Spelling as written by person taking deposition, not by physician]:

Catarrhal deseminative or pneumonia can be caused by perspiring and then exposed to a draft or becoming intoxicated and laying on the cold ground.

Hypostative Pneumonia by a person laying on his back during a long illness.

Traumatic pneumonia is cause by a lick or blow producing concussion or injury to the lung.

Acut croopsis pneumonia is cause by a specific Germ the pneumococus.

Ques: Where the patient has a cancer sore on the neck would it be necessary to see her every day.

Ans: Every other day until it was removed. Most cancers are curable. There are seven or eight different kinds... don't remember all. Some of them are sarcoma, carcinoma,

?sicrous, epithelioma.

/s/ S. H. Minor

WITNESS [About March, 1897]:

S. G. Clark [Witness objected to by Defendants as he heard the deposition of Sid Clark].

Knows Dr. Gillock, who has been a practicing physician several years.

Knew Charlotte Wilson. She was my step grandmother. I am married, lived about one-half mile from her for about 3 years before her death, would frequently visit. Sometimes she would call me Phillip and he was in Texas.

ADJOURNED to March 11, 1897 [Resumed with S. G. Clark].

A. N. Clark was at my house while my boy was snake bit during the fall of 1896. He and Gillock were talking about the doctor bill.

Ques: State if you boys frequently went after Dr. E. D. Gillock for your grandmother.

Ans: Yes sir we did.

Ques: Do you remember when A. N. Clark's wife and baby were sick, when his wife died from her sickness?

Ans: During the fall 1895 and Dr. Gillock waited on them. She was sick a week and one day.

A. N. Clark sold one load of rent corn to Sam Carver.

I lived on Henton creek Christmas 1894, moved to Bullard's creek about 15 years ago on J. B. Wilson's place except one year when I lived on old man Carter's place, about six miles from Charlotte Wilson.

Lived on Lon Hix place a while, Peter T. Clark's a while.

I was elected Constable for 2nd District in 1892 and served for four years.

Ques: Didn't her [Charlotte Wilson's] grand children do all her paying?

Ans: When General was there he did and when Arkelo was there he did.

/s/ S. G. Clark

E. G. Gillock [No age]. Charlotte Wilson died July 27, 1896, think she was 81. She died at home on the land in controversy. Was very feeble 3 - 4 years prior to death. She was suffering from a cancer on her neck and bronchal [sic] trouble, Billious Collick and liver trouble and nervous Effection. March 1895 she had a short spell of pneumonia, never was well after that.

It's about two miles from where I live on Jennings creek to her house. For that distance I charge $2.00 and if I'm detained I charge more. Was her physician about 18 years.

B. D. Clark paid her bills to 1893.

Ques: Who would come to get you to visit Charlotte Wilson, who got medicine, who did you see when you waited on her?

I have seen S. G., S. E., and B. D. Clark at Charlotte Wilson's frequently. Have seen A. E. Hix at Charlotte Wilson's frequently.

Sephus Gaines came after me a great many times to see Charlotte Wilson.

Arklow Clark up to the time he left, and [would] get medicine.

Sherman Wilson [came for me to see Charlotte] a good many times.

Nancy Wilson, Sherman Wilson's sister when they [the men] would be plowing.

B. D. Clark came several times and got medicine.

Byron Sisco a few times when he would be there.

Grundy Clark and his boys several times.

Phillip Clark and his boys several times.

Lon Hix once.

Ques: State if you know A. N. Clark's first wife and children.

Ans: His wife died October 13, 1895 and his children is still living. October 28, 1895 he gave me a note for $16.50 which covered this - didn't cover Charlotte Wilson.

Ques: Did you say in the presence of Nathan Huff, Sam Tays and wife, A. N. Clark and wife, Jas Wolf's wife and boy Willie Wolf... the note covered all Charlotte Wilson owed?

Ans: No I did not.

I have been a physician about 20 years, located on Jennings creek about 18 years.


Ques: Was S. E. Clark drinking and vulgar, face very red [when he gave his deposition].

Ans: He may have been drinking some... naturally a red faced man.

Ques: Did you ever attend a school of medicine?

Ans: No.

Ques: You said she had a cancer on your neck. What sort of disease is cancer?

Ans: It is a sore.

Ques: Have you studied...?

Ans: Have not studied chemistry, anatomy. Have studied some physiology.

Ques: What are the differences between allopathic, Homeopropathic and Electic schools of medicine?

Ans: They are all different.

Have not practiced surgery. Am registered as a practicing physician with Jackson County Circuit court.

/s/ E. D. Gillock

DEPOSITION March 9, 1897, law office of John J. Gore, Gainesboro, TN:

S. E. Clark age 29. Charlotte Wilson was my step grandmother. I am half brother to A. N. Clark.

Don't own any land. Owned some in the 4th District on the ridge near Hog Camps.

Had three or four drinks today. Dr. Gillock and [B. A.] Butler [Gillock's attorney] taken a drink with me but I didn't drink with them. The liquor came from Smith's in Kentucky and Gillock and me didn't send after it together.

/s/ S. E. Clark

DEPOSITIONS 26 May 1897:

Mary Clark age 41, live Jackson County. Known Charlotte Wilson 21 years, am a grand daughter-in-law. I lived in her house 12 years, moved out about five years ago. Since I moved, live about three-fourths mile from her.

When I moved out A. N. Clark moved in and when A. N. went to Wolf's Sherman Wilson moved in.

Ques: Who supported Mrs. Wilson during the time A. N. was away?

Ans: B. D. Clark hope [helped/gave - mlj] her... gave her about five Dollars.

/s/ Mary Clark

Lucinda Hix age 36, live Jackson County, about one-fourth to one-half mile from Charlotte Wilson.

Ques: Was you present at James Hix' when his wife Sarah's last child was born?

Ans: Charlotte Wilson waited on her - seemed to give out with weakness and fainted or something of the kind...

I am half sister to Sherman Wilson, one of the complainants.

Ques: What caused you to fall out with Arkelo's folks...

Ans: She [his first wife] said she loved my husband better than she did me and that is all the difference we had... didn't see anything wrong between them.

Ques: The woman you spoke of causing trouble between you and your husband was not Arkelo's present wife Parsetta Clark was it?

Ans: No sir.

Lusinda J. [her X mark] Hix

Lucinda S. Hix age 20, live Jackson Co. Charlotte Wilson died about July 19, 1896. I lived about one-half mile.

Ques: State what was said at your house by your mother Mary Clark in the presence of Jas Wolf... [whether talked about trial going on - mlj].

Ans: Nothing much.

/s/ L. S. Hix

J. G. Hix age 46, live Jackson Co. Knew Charlotte Wilson all my life, live less than one mile.

Ques: You are the last one of General or B. D. Clark's family to give a deposition?

Ans: Yes sir they have all given depositions.

Ques: General has been taking an active part against his brother for Dr. Gillock, taking depositions...?

Ans: I don't think he has but he is present now.

/s/ J. G. Hix

Nancy Wilson age 20, and I live Jackson Co. I stayed at Charlotte Wilson's the year before she died. Before then, I lived about 200 yards from her. I am a sister to Sherman Wilson.

N. J. [her X mark] Wilson

John Sneed age 56, live Jackson County. John [his X] Sneed

J. H. Crawford age 44, farmer. Some time about January or February last year, Charlotte Wilson got me to go see James Wolf about him buying her land. Said all she wanted was $30 or $35 to carry her to Texas.

/s/ J. H. Crawford

S. M. Tayes age 32. Know parties. /s/ S. M. Tase

R. V. Brooks [No age]. Arklo had two children by his first wife. /s/ R. V. Brooks

Adaline Wolf, lawful age. I am the wife of James Wolf.

Ques: You say Cephus Gaines. Where does he live and does he sign his name J. C. Gaines?

Ans: Lives on Hunting creek - don't know how he signs.

Adaline [her X] Wolf

Parsettie Clark [No age].

Ques: Were you present when the trade was made between James Wolf and Charlotte Wilson?

Ans: Yes. Aunt Charlotte sent for my father James Wolf. Pa sold off a piece of land on Indian creek and bought from Granny and Arklo a piece of land on Hunting creek. He sold to Arklo and his grandmother the land on Indian creek.

Sherman Wilson said Charlotte Wilson would be company for Etta his wife... she didn't like to stay alone and his work was hauling around there... said it would be handy of his work.

We lived at Charlotte Wilson's about 5 1/2 months before Sherman moved there, then to Hunting creek, back to Indian Creek where Sherman had moved out of. I am the daughter of James Wolf. I married A. N. Clark in the year 1895.

Parzetta [X] Clark

Sarah Tayse age 33 [Testimony - cow for doctor bill - mlj]. Sarah [X] Tayse

Lacy Carnahan age 29. I have known aunt Charlotte all my life, Arklo and Dr. Gillock about the same time, James Wolf not very long. I had been living on the Hunting creek land in dispute about four years prior to the trade between Mrs. Wilson and James Wolf. L. ?H./A. [his X mark] Carnahan

Nathan Huff age 72, live Jackson County. I am Jim Wolf's uncle. Jim Wolf's father was my wife's brother. A. N. Clark married Jim Wolf's daughter.

Nathan [his X] Huff

A. N. Clark age 37. B. D. and Phillip A. Clark are my brothers. B. D. lives near me and Phillip lives in Texas. My mother was the only daughter of Charlotte Wilson and she is now dead. Charlotte Wilson had more than that but did not raise but the one. Emily Wilson was my mother's name. She married John M. Clark who was my father. Phillip, B. D. and myself are the only heirs of Emily and John M. Clark. There was one other child that died next day after my mother died. My mother died 35 years ago when I was just two years old. Charlotte Wilson took me and kept me until I was grown and married.

B. D., Phillip A. and myself are the only heirs of Charlotte Wilson.

On 1st May 1893 Charlotte Wilson was owner in fee simple, deed from B. D Clark and wife Mary A. Clark and P. A. Clark and wife Mary Clark to A. N. Clark is dated 1 May 1893.

A. N. [his X mark] Clark

A. Monday age 52. Knew Charlotte Wilson 25 years. I was J. P. in Jackson County six years. I am a minister.

/s/ A. Monday

Willie Wolf. I will be age 10 on the 15th September next. I am a son of James Wolf. /s/ Willie Wolf

G. W. Webb [No age]. I have been active in the practice of medicine since 1886. Graduated in 1888. Gillock has been her [Charlotte Wilson] physician since Dr. M. Clark moved away.

/s/ G. W. Webb

BRIEF OF COMPLAINANTS [Recap of depositions, testimony, evidence - mlj]. Estate of Charlotte Wilson insolvent, A. N. Clark insolvent. A. N. Clark married twice; first wife died about 13 October 1895; married James Wolf's daughter about December 5, 1895.

ANSWER of A. N. Clark to Bill of Complaint [nothing new - mlj]. A. N. [X] Clark

[NEW] MONTGOMERY, MARY ANN, Exr vs SMITH, J. T. Chancery 1891

[NOTE: File folder lists Mary Ann as Executor, but all documents indicate she was the Administrator [Died intestate, without a will - mlj].

[ALERT: Two Robert Montgomery estate settlements combined in this folder:

1. Robert Montgomery, died 1889, Mary Ann Montgomery, Admx. - mlj]

2. Robert Montgomery, died Feb1871, widow Elizabeth; Alexander Montgomery, Admr.

I have attempted to separate the two, so they will not appear as filmed on the reel - mlj].

SETTLEMENT 7 May 1892, M. A. Montgomery, Administrator of Robert Montgomery, deceased. Inventory recorded in Wills, Inventory & Administrator's Settlement Book B, page 511. Some assets and expenditures included:

Lula Montgomery [Purchased about $30.00 at sale of personal property; items not listed].

L. B. Robertson [Purchase of blacksmith's tools].

Receipt: Washburn & Cason, 24 August 1889, Burial clothes for deceased $10.80.

Receipt: S. S. Dudney, burial expenses 19 Aug 1889, $2.25.

Amount allowed Admx she having had no year's support.

REPORT OF SALE: Mary A. Montgomery, Admx vs J. T. Smith. Land sold 27 Feby 1892, 9th Dist., known as the Wiley Gaw place, bounded by land of J. J. Mercer & others... J. T. Anderson became purchaser.

CAUSE HEARD 22 March 1892: Mary A. Montgomery vs J. T. Smith, Talitha Smith, M. F. Young and wife Mary E. Young, W. M. Smith, Emma Smith, Ova Smith, Minnie Smith, U. L. Smith, Charley Smith, Martin Smith, James Smith and [blank] Smith and W. M. Draper, guardian ad litem.

All right, title and interest the parties have in said land be vested out... into the purchaser J. T. Anderson.

BILL OF COMPLAINT of Mary Ann Montgomery, Admx of Robert Montgomery, of Jackson Co. vs John T. Smith of Jackson Co. In the lifetime of her intestate, to wit 13 November 1886, he sold to defendant a tract of land 9th Dist. known as the Wiley Gaw place bounded by lands of J. J. Mercer and others... took notes, remain unpaid. Robert Montgomery died [blank] 1889, orator applied and qualified as Administrator.

PROSECUTION BOND: Mary Ann Montgomery, Principal; R. A. Cox, J. T. Anderson Security to J. T. Smith for costs of suit. 24 January 1890. [All signed as typed].

NOTICE OF FINAL SETTLEMENT 7 May 1892: Mary A. Montgomery, Administrator of Robert Montgomery, deceased, to:

Mary A. Montgomery, T. A. Montgomery, Armed [or Arwed], N. A. Montgomery, J. G. Montgomery, Lula Montgomery, Nannie P. Montgomery and C. C. Montgomery, S. M. Montgomery. Attend if you choose. 15 April 1892.

C & M REPORT: February term 1891, Chancery Court February 9, 1891 the death of defendant J. T. Smith was suggested and proven. Talitha Smith appointed Administratrix... appear 1st Monday in May next... show cause why suit should not be revived against her as Admx. 1st Monday in February 1891.

AFFIDAVIT of J. T. Anderson. Defendant John T. Smith has died since last term, leaving Talitha Smith his widow. (Mary A.) intermarried M. F. Young (W. M. Smith) Emma Smith Ova [or Ora - mlj] Smith Minnie Smith (U. S. Smith) Charley Smith Martin Smith James Smith Daniel Smith and [blank] Smith his only children and heirs.

[Note: Written in margin: All minors except Mary A. William M. and U. L. and he has no administrator. John T. Smith died before Oct 6, 1890. Wid Talitha children Mary A. married W. F. Young, Wm Emma Ova Minnie U. L. Charley Martin James Daniel and [blank]

[Note: Names including (parentheses) as written - mlj].


SETTLEMENT: 1st Monday in December 1874 with Alexander H. Montgomery, Administrator of estate of Robert Montgomery, deceased. Sale of personal property 27 April 1872. Second sale of personal property 22 October 1872.

Receipt: W. S. Johnson, Tax Collector [Jackson Co.] 1873

Receipt: Stephen Davis, Tax Collector of Putnam Co. 1873

Receipt: Elizabeth Montgomery, widow of deceased, year's support, dated 22 Oct 1872.

Receipt: N. L. ?Neely for coffin, 1 January 1873. $20.00.

[Note: Below Bill of Complaint immediately follows above affidavit of J. T. Anderson just above this case on film reel - mlj].

BILL OF COMPLAINT of Alexander Montgomery against

Elizabeth Montgomery, Robert B. Montgomery, Stanton Carter and wife Sally Carter of Jackson County, William A. Montgomery, Artemesia Montgomery, Mahala Montgomery, William Montgomery, Robert Montgomery, Wilie Montgomery, Luke Montgomery, Dorcas Montgomery, Denton Montgomery, Greenberry Price and wife Mary Price of Putnam County, Thomas Night and wife Sarah A. Night, Thomas H. C. Butler and Thomas Williams and wife Mary Elizabeth Williams, Robert B. Butler, Nancy H. Butler, Martha J. Butler, Washington M. Butler, Cyrus Lee Butler of State of Illinois.

Robert Montgomery died the month of February 1871 in Jackson County, Tennessee. Orator was appointed administrator.

Sons of deceased is Alexander, Robert B. William A. Montgomery are sons.

Elizabeth Montgomery is the widow.

The wives of Stanton Carter and Greenberry Price are daughters of said deceased.

Defendant Artemissa Montgomery is the widow of John F. Montgomery who is now dead anterior to the said Robert Montgomery. Mahala, William, Robert, Wilie, Luke, Dorgas and Denton Montgomery are the only children of John F. Montgomery and are all minors except William and have no regular guardian.

Sarah A. Night, Mary E. Williams, Thomas H. C. Butler, Robert Butler, Nancy H. Butler, Martha T. Butler, Washington Butler and Cyrus ?L. Butler are the only children of Lucinda Butler wife of Franklin W. Butler. Lucinda was a daughter of Robert Montgomery deceased and is now dead, having died long before Robert Montgomery. Butler children are all minors save Thomas H. C. Butler. the ____ are 21.

Robert Montgomery owned a tract of land, part in Jackson Co., Tennessee and part in Putnam Co., Tennessee, bounded by ... Martins Creek where said Robert Montgomery, deceased lived many years.

[Note: John P. Murray's above list of children & grandchildren was very confusing to me, so I added the following, NOT ORIGINAL TO FILM down to next square bracket & my initials. Children may not be listed in birth order; numbering is mine:

Elizabeth Montgomery is the widow of Robert Montgomery who died February 1871

1. Alexander Montgomery of Jackson Co.

2. Robert B. Montgomery of Jackson Co.

3. William A. Montgomery of Putnam Co.

4. Mary Montgomery married Greenberry Price, lived Putnam Co.

5. Sally Montgomery married Stanton A. Carter, lived Jackson County.

4. John F. Montgomery, died after his father, before this case came to trial. Married Artemisia, who was a party to suit. Their children were:

5.1. Mahala Montgomery

5.2. William Montgomery, of legal age.

5.3. Robert Montgomery, a minor.

5.4. Wilie Montgomery, a minor.

5.5. Luke Montgomery, a minor.

5.6. Dorcas Montgomery, a minor.

5.7. Denton Montgomery, a minor.

6. Lucinda Montgomery, predeceased her father, married Franklin W. Butler. Their children are all listed as being in Illinois:

6.1. Sarah Butler married Thomas Night [Knight].

6.2. Mary E. Butler married Thomas Williams.

6.3. Thomas H. C. Butler

6.4. Robert B. Butler

6.5. Nancy H. Butler

6.6. Martha T. Butler

6.7. Washington Butler

6.8. Cyrus Lee Butler - mlj]


A. Stanton age 63. Know lands of Robert Montgomery, deceased. There are seven heirs, 4 boys, 3 girls - on reflection there is eight, 6 boys and 2 girls [Note: Does not coincide with attorney's list, but Stanton seemed unsure - mlj] . Best to sell land. ?Lucinda Butler is dead.

s/s A. Stanton

Frank Pursley age 43. Best to sell land.

/s/ F. D. Pursley

A. H. Montgomery age 52. Am Administrator of Robert Montgomery, deceased. Estate is indebted about $1500.

DEED: J. F. Montgomery to Robert Montgomery, land on Indian Creek... bounded south with a conditional line by G. B. Mahan and Wilson McDonald til it strikes Graham's line... Matthew Cowan's line... J. J. Dillard's line... M. C. Hogan's southwest corner, 110 acres. 10 October 1863.

/s/ J. F. Montgomery

REPORT OF SALE 20 December 1873, Alexander Montgomery as Executor of Robert Montgomery. Robert B. Montgomery became purchaser of the house tract at $1,000. Notes, security W. A. Montgomery & B. Price.

W. A. Montgomery became purchaser of the W. A. Montgomery tract at $745. Notes, with R. B. Montgomery and J. P. Whitfield, security. 23 April 1874.

ANSWER of George B. Murray, guardian of Mahala Montgomery, Robert Montgomery, Willie Montgomery, Luke Montgomery, Dorcas Montgomery, Denton Montgomery, Robert B. Butler, Martha J. Butler, Washington M. Butler, Cyrus Lee Butler, grand children and minor heirs of Robert Montgomery, deceased... protect rights of wards. 30 October 1873.

CAUSE HEARD 6 May 1874, Alexander H. Montgomery against

Elizabeth Montgomery, Robert B. Montgomery, Stanton A. Carter and wife Sally Carter, William A. Montgomery, Artimesia Montgomery, Mahalah Montgomery, William Montgomery, Robert Montgomery, Luke Montgomery, Dorcus Montgomery, Greenberry Price and wife Mary Price, Thomas Night and wife Sarah A. Night, Thomas H. C. Butler, Thomas Williamson and wife Mary Elizabeth Williamson, Robert B. Butler, Nancy H. Butler, Martha J. Butler, Washington M. Butler, Cyrus Lee Butler.

Cause finally heard 6 May 1874... C & M report confirmed... title to Robert Montgomerys home place in Jackson County, Tennessee on Martin's creek... hill near Wm Sadler plantation... line of 200 acre tract that Edward Hogin, deceased purchased of R. D. Barry... stake in Henry Sadler's line called the old ?Mclennon line... east with Sadlers and Carters line to a stake in James Carters southeast corner, north with Carters line to a stake in the center of Martins creek... 350 acres more or less be divested out of heirs of Robt Montgomery deceased and in Robert Montgomery Jr. , his heirs and assigns forever, including reversionary interest of the widow.

Title to tract hereinafter described to with the Wm A. Montgomery tract lying in Putnam County on waters of Indian creek... conditional line made by G. C. Mahon and Wilson McDonalds line... running south till it strikes Graham's line then east to the top of a hill thence south with the hill till it strikes Mathew Cowans line then east to J. J. Dillards line then north with said line to M. C. Hogans southwest corner then north with Hogans line to a Hickory it being Hogans corner in Robert Montgomerys line, west with Montgomerys line till it intersects McDonald by estimate 110 acres more or less to be divested out of the heirs of Robt Montgomery deceased and in William A. Montgomery his heirs and assigns forever...

INDENTURE: I Robert B. Montgomery this day transferred our bid to the home tract of Robert Montgomery deceased to T. J. Lee and R. F. Madox for $2700... Chancery October term 1873. We the said Montgomery have paid on our bid the sum of $300 in all that reduces it to the sum of $2700 owed... direct the Chancery Court to decree the title to said land to T. J. Lee and R. F. Madox... they are to assume and pay balance.

Wit: R. A. Cox, A. H. Montgomery

/s/ R. B. Montgomery

SETTLEMENT 1 January 1879 with A. H. Montgomery, Administrator of Robert Montgomery, deceased... heirs having been notified.

DOWER: Elizabeth Montgomery widow of Robert Montgomery, deceased. Commissioners A. Stanton, T. J. Lee, F. D. Pursley [No date].

ORDER TO TRANSFER TITLE: 6 May 1845 at the instance of the heirs of Edward Hogin deceased, Rebecca Hogan deceased and Sarah Hogan deceased, an order was pronounced in Chancery Court in the case of William Buchanan and wife against Matthew C. Hogan and others directing the Clerk & Master to sell lands of which Rebecca Hogin deceased died possessed known as the Dower tract of said Rebecca in the lands of said Edward Hogan deceased... sold 1 December 1845 to Robert Montgomery for $1100... which has been paid... title to land in Jackson County, Tennessee beginning at a Red oak on the south side of Martin's creek at the edge of a high bluff... near Wm Sadler's plantation... south boundary line of a 100 acre tract that Edward Hogin deceased purchased of R. D. Barry... to Henry Sadlers line called the old ?Mclellan line... west with Sadlers line to James Carters southeast corner... center of Martins creek. 9 March 1853.

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

SETTLEMENT with A. H. Montgomery, Administrator of the estate of Robert Montgomery, October term 1881... heirs having been notified.

NOTICE: To Thomas Night and wife Sarah Night, T. H. C. Butler heirs, Thomas Williams and wife Mary Elizabeth Williams, Robt B. Butler, Nancy [blank] formerly Nancy Butler and her husband, Martha J. Butler, Cyrus Lee Butler, W. M. Butler, A. Montgomery, Mahala Montgomery, Robt Montgomery, Wiley Montgomery, Luke Montgomery, D. Montgomery, Darcus Montgomery, Denton Montgomery, G. Price and wife Mary Price and W. A. Montgomery, Stanton A. Carter and wife Sarah Carter, heirs at law of Robt Montgomery deceased... Settlement with A. H. Montgomery 22 September 1881.

POWER OF ATTORNEY of Jane Butler and Washington W. Butler of Jefferson County, Illinois appoint Thomas H. Butler of Jackson County... collect and receipt... funds from A. H. Montgomery, Admr of Robert Montgomery deceased, late of Jackson Co. 17 May 1879.

/s/ Jane Butler, Wash. W. Butler

Attest: T. W. Butler, R. B. Butler

POWER OF ATTORNEY: We Thomas Knight and wife Sarah Adaline Knight of Fulton County, Georgia appoint Thomas H. Butler... collect and receipt... funds from Alexander H. Montgomery, Admr of Robt Montgomery deceased.

/s/ Thomas A. Knight, Sarah A. Knight, Sarah D. Knight

[Acknowledged by County official 2 March 1882]

PLAT MAP showing dower to Elizabeth, being one-third of value, 152 3/4 acres including mansion house and Spring. October 29, 1873.

[NEW] MONTGOMERY, M. H., Guardian of Holmes, W. B. 1881

There are several settlements spanning years 1881 through 1886. Three settlements, all dated October term 1881, listed Settlement with M. H. Montgomery, formerly M. H. Holmes, guardian of Walter Holmes, W. B. Holmes and Mary Holmes, all shown as minor heirs of W. B. Holmes, deceased.

Inventory Report of estate listed several notes due from various individuals due 1877, 1878, 1879.

Supplemental Inventory listed debts and judgments due W. B. Holmes.

No precise indication of a date of death.


BILL OF COMPLAINT of Nathan Montgomery against Russell M. Kinnaird and Thomas L. Bransford, all of Jackson Co., Thomas J. Gailbreath and Isabella Gailbreath of Davidson Co., William A. Gailbreath of [blank] county, State of Kentucky, defendants.

Orator together with Isabella Gailbreath became endorser on a note for Thomas J. Gailbreath for $200 payable to Branch Bank of Tennessee at Sparta. Note was protesed for non-payment and judgment rendered against Thomas J. Gailbreath & Isabella Gailbreath together with Orator at March term 1843.

Said Thomas J. and Isabella Gailbreath became insolvent and removed themselves from Jackson County, leaving Orator to pay the entire amount.

Thomas J. Gailbreath is the son of Isabella and Isabella was the first endorser on said note.

6 July 1842 about the time note was protested, Isabella Gailbreath made him a deed of trust for two undivided tenths of a tract of land in Jackson County, Tennessee. One tenth was purchased from defendant William A. Gailbreath and the other Isabella Gailbreath elected to take in lieu of her dower in the lands of William Gailbreath, deceased... 200 acre tract.

Defendants Russell Kinnaird and Thomas L. Bransford have procured their co-defendant William A. Gailbreath to execute them a deed for the same land conveyed by him to his mother the said Isabella and by her in trust to Orator.

Kinnaird & Bransford also procured Isabella to execute a deed relinquishing her dower to them... cheating and defrauding Orator.

COPY OF DEED OF TRUST: Two-tenth interest land in Dist. 1, Jackson Co... 200 acres... stake in west bank of Roaring River... below mouth of Cliff Hollow... south to John M. Burris centre line of a Hollow or Dry Branch on the north side of Roaring River... to original survey granted to William Waters...

and I hold in my own right as the widow and relict of the late William Gailbreath deceased, and the other which I purchased of William A. Gailbreath one of the heirs and distributees of William Gailbreath deceased... to said Nathan Montgomery... security for note on which Nathan Montgomery is also endorser.

I am also indebted to Doctors Monroe and Montgomery $25; also Rebecca Lee deceased and Jane Gailbreath and Robt Gailbreath heirs and distributees of Wm Gailbreath deceased the sum of $250 which debt is also due not contracted as Administrix of said William Gailbreath deceased and being desirous of securing payment if I should pay all of said debts by the 1st day of October next this deed to be void... Dated 6 July 1842. Isabella [her X] Gailbreath

Attest: William A. Hall, M?orton Young

INDENTURE: Dated this 28 May 1839, I Wm A. Gailbreath to Isabella Gailbreath all of Jackson County, for sum of $200 sells his interest in one-tenth of land descended to him as heir of Wm Gailbreath, deceased.

/s/ Wm A. Gailbreath

Registered 5 June 1839.

ANSWER of Russell Kinnard and Thomas L. Bransford to Bill of Complaint of Nathan Montgomery. William A. Gailbreath owed them $80.00... necessaries furnished him, left the state...

When he deeded his mother his interest he was only age about twenty years. Respondents are also informed Isabella paid him no consideration... it was only made to be able to sell land and pay debts of said William A. Gailbreath.

Respondents had already purchased the interest of Thomas J. Gailbreath and other heirs of William Gailbreath and were willing to purchase the interest of William A. Gailbreath...

Isabella and her son Joseph D. Gailbreath...

Respondents on 9 March 1843 purchased the interest of William A. Gailbreath and the same day purchased the dower of Isabella Gailbreath to land which her husband died seized and possessed. Isabella was then respondents believe more than 55 years of age and expected shortly to remove to the State of Arkansas.

Respondents had no intention... defrauding... believed she only had the right to sell her dower, not an undivided one tenth...

CAUSE HEARD 6 May 1845. Deeds executed to Kinnaird & Bransford are void... Nathan Montgomery deeds are older... in favor of Complainant.

[NEW] MOORE, NEWTON & wife vs JOHNSON, R. E. et al Chancery 1899

[Note: Much on these families, other reels - mlj].

BILL OF COMPLAINT of Newton Moore and wife Catherine F. Moore vs R. E. Johnson, Lum Johnson, Thomas Davidson, S. S. Dudney, William Hensley, W. E. Smith, Tobe Denson and Tom Denson.

Catherine F. Moore is the owner in fee simple... land Dists 9 & 10, Jackson County, Tennessee south side of Cumberland River.... Joseph Nelsons east boundary line of his 300 acre survey... up Blackburns fork... mouth of Bowermans branch... Woolbright

corner... Gainesboro Road.

R. E. Johnson within the past three years has taken a portion and erected a mill. [Other defendants] have been cutting timber.

DEPOSITION 20 December 1983: Z. VanHooser age 52. There was a case in this court... Lock received judgment against Newton Moore.

Also D. W. Hawes vs S. H. York and Newton Moore vs S. H. York

Also James Eaton vs James W. Lock and Newton Moore v James W. Lock & others

/s/ Z. VanHooser

BILL OF COMPLAINT: M. A. C. Eaton, Newton Moore and wife C. F. of Jackson County vs

James W. Lock, William Lock, [Init T. or F.] Sadler, Catharine T. Sadler, Wm T. Sadler, James A. Sadler all of the State of Texas;

A. S. Lock of Smith County, Tennessee

J. D. Bennatt of Macon County Tennessee

R. A. Cox, J. W. Smallwood and R. V. Brooks of Jackson Co., TN.

M. A. C. Eaton and C. F. Moore are daughters of defendant James Lock.

Defendants William Lock and A. S. Lock are his sons.

John F. Sadler, Wm L. Sadler, Catharine T. Sadler are minor children and heirs at law of Sally Sadler, deceased who was a daughter of defendant James W. Lock. Defendant James A. Sadler was the husband of Sally Sadler, deceased. Minors have no regular guardian.

By decree of Chancery on 12 February 1859 the negro property of complainants Eaton and C. F. Moore and their brothers and sisters was sold and proceeds invested in land on the north side of the Cumberland River bounded by land known as the Bob White place, Denton Moore place and others, including the ferry and landing.

Title vested out of James W. Lock and James Eaton and in M. A. C. Eaton and Catharine T. Moore, one Sally Sadler, and defendants William Lock and Augustus S. Lock.

[NEW] MOORE, NEWTON vs BENNETT, JAS D. Chancery 1883

BILL OF COMPLAINT of Newton Moore against James D. Bennett of Macon Co. in his own right and as Administrator of Estate of James W. Lock, deceased.

Respondent owns land in Jackson Co., Dist. 1 about 100 acres bounded by Cumberland River, J. W. Lock lands and Andy F. VanHooser allotted to Orator in the partition of land of Denton Moore, deceased.

Defendant James D. Bennett fraudulently obtained a Sheriff's Deed for said land and brought action of Ejectment.

End of Reel #100.

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