The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm
[NEW CASE] JACKSON COUNTY, TENNESSEE CIRCUIT COURT 1891
STATE OF TENNESSEE vs YOUNG, W. C.
[NOTE: Limited testimony on what appear to be three separate cases against W. C. Young were apparently combined. They were mixed in with each other, "shorthand" disjointed testimony in one case, with few relationships given - mlj]
ARSON: Prosecutors J. L. Spurier and L. S. Anderson on their oath swear house and goods alleged to be burned up and destroyed by Defendant on/about 27 January 1887 at the SW corner of the Public Square in Gainesboro occupied by L. S. Anderson as a drug store was the property of L. S. Anderson. House owned jointly by L. S. Anderson and Clay Reeves. Stack of goods and the house and its contents under control and in possession of L. S. Anderson. Anderson has been active in investigating case, knows facts, necessary for him to be present in court to properly conduct case. Defendant has had Anderson summoned not as a witness but for the sole purpose of claiming the Rule on him thereby excluding him from the court during investigation.
[Signed] J. L. Spurrier, L. S. Anderson
J. R. Burris sworn: Was said because it was a whiskey house, no body would help put it out.
Eliza Banks sworn: States she has been living at the poor house. Lives at Sony Young's in good health. "I am living as one of the family...Defendant come in about sundown. I fixed him supper. 15 minutes of 11 Lethia maked him go to bed. Sunny pulled off his clothes and went to bed. Man named Dukey sleeps in the kitchen.
Duke Dockery sworn: States he was at Sonny Young's house the night of the burning, that Sonny was there.
FORGERY CHARGE: W. C. Young carried the mail from Gainesboro to Lafayette, lives about three miles from Gainesboro. W. E. Young ran the Gainesboro ferry, a little over a mile from Gainesboro. W. C. Young intercepted or accidentally received a check intended for W. E. Young for shipping cattle to Perry & Lester of Nashville, Tennessee for $41.35. W. C. Young cashed the check, was prosecuted for forgery. W. C. Young called to court 7 March 1894 to answer to charge of forgery, came not, defaulted. W. C. Young executed his bond with James M. Young and A. E. Eaton, Security. $500 to State of Tennessee to be forfeited unless appears 1st Monday in July 1894.
Various Depositions: W. C. Young was also known as "Sonny" Young.
J. T. Anderson, Assistant Cashier Bank of Bank of Gainesboro, swears on oath. Defendant told him his cousin Will Young had shipped cattle, given him the check. Paid about $20 on a note he owed, kept the change in greenbacks and silver.
Ellis Howell sworn, states "I am a brother in law to defendant. Defendant's cousin Will Young lived in Buffalo some distance between Gainesboro and Smith County".
W. B. Young testifies: "I am a cousin to Defendant. My name is Will Young. I lived in Buffalo in Smith Co. last year.
Nathan M. Cox testifies "My wife is Postmaster at this place. W. C. Young came in for mail and I handed it to him."
SHOOTING: [If charge was stated, I didn't find it. Difficult to read - mlj]
Deposition of Robert S. Ray, taken 4 January 1890 at residence of R. W. Brooks.
State excepts to deposition, as R. V. Brooks signed as J.P. and on date deposition was taken, Brooks was not a J.P. Knew W. C. Young and J. W. Settle in the years 1888 and 1889. Was at the residence of W. C. Young on the day of the shooting. Joel Settle rode up to W. Y. Young's gate. Young started to Settle, I told him not to go that Settle had a pistol. Young went back inside the house and then started on down towards Settle. Settle shifted his pistol from one hand to the other, said something I could not understand what...and then W. C. Young commenced shooting.
Joel Settle had some scandelious [sic] talk about Young's wife, and I had heard that W. C. Young had heard it that day and I told young. Joel told me Young was jealous of him and Young's wife and Young had a right to be. Joel told me that if Young ever hit his (Young's) wife in his pressents [sic] that he would take the pistol off the fireboard and kill him. I had told W. C. Young of this also. I live at W. C. Young's and ride the mail for him. I am now age 19. [Date changed from July 8, 1890 to Jany 8, 1890].
[NOTE: Part of this case was on Reel #118. Zebulon M. Young, a Jackson County physician, was elected Revenue Commissioner in 1872. A list of property sold for back taxes was given him by the State Comptroller, but apparently he didn't know he was supposed to do anything towards collecting the taxes when the property was redeemed or sold. Case was compromised. Below tax lists probably entered as Exhibit - mlj].
LIST OF PROPERTY SOLD FOR TAXES 1865-1871:
Person in whose name land is assessed/For What Year/No. acres/
Value Land/State Tax for Land & Poll/County Tax for Land & Poll/Clerks Fee/Printers Fee/Collectors fee [I have listed only the Name/Tax Years. Value of Land was about $4.00 per acre, and taxes less than $10 including fees - mlj]
Joshua Haile, Sr. 1865-1866-1867/430 acres; W. A. Hall 1865-1866-1867/100 acres; Wm Harp 1865-1866/100 acres; Elizabeth Balie 1865-1866-1867/198 acres; D. D. Ryan 1865-1866-1867/175 acres; Hyram McCoy 1865-1866-1867/70 acres; E. D. Sadler 1865-1866-1867/450 acres; J. M. Kinneaird 1865, 1867-1868/250 acres; Abram Bailey 1865-1866-1867/[blank acres - value $25.00]; Elijah Lancaster 1865-1866-1867/45 acres; W. Woodfolk, deceased heirs 1865-1866-1867/4500 acres; W. Woodfolk, deceased heirs 1st Dist 1866-1867/4500 acres; W. Woodfolk, deceased heirs 1st Dist 1866-1867/445 acres; W. Woodfolk, deceased heirs 3rd Dist 1866-1867/445 acres; J. B. Woodfolk 3rd Dist 1866-1867/400 acres; Rankin heirs 1866-1867/100 acres; Nathan Montgomery 1865-1866-1867/town lots; Nathan Montgomery 1865-1866-1867-1868/70 acres; Rawley & Green 1867-1868 town lots; B. E. Williams 1865-1866-1867/42 acres; B. E. Williams 1867/town lots; S. W. Cassetty heirs 1868/town lots; Joshua Stone 1868/town lots; Mary Cornwell 1865-1866-1867-1868/260 acres; Peter Hufhines 1867/100 acres; Joseph Cannon 1865-1866-1867-1868/100 acres; Elizabeth Crawford 1867/150 acres; W. P. Mitchell 1867/150 acres; S. C. Craighead 1868/40 acres/ George Jenkins 1868/40 acres; Mary Sloan 1865-1866/100 acres; A. Lee 1865-1866-1867-1868/75 acres; Henry Jones 1867/150 acres; Joseph Meaders 1866,1868/27 acres; Allen Witts heirs 1867/100 acres; Neal Cowen's heirs 1868/378 acres; Elizzie Bethton Sloan 1868/500 acres; Richard Coonts 1865-1866-1867-1868/128 acres; Samuel Hudson 1865-1866-1867/200 acres; Almaris Harp 1865-1866-1867-1868/160 acres; S. W. Kirby 1865-1866-1867-1868/113 acres; Ephraim Wilson 1865-1866-1867/100 acres; Arch Wilson 1865-1866-1867/100 acres; Howard Young 1865-1866-1867/200 acres; Wm Dailer 1866/100 acres; J. Wilson 1866/50 acres; James Mink 1868/150 acres; J. H. Young 1868/50 acres; Elizabeth Davis 1865/50 acres; Davis & Co. 1865/100 acres; John Condra 1867/23 acres; James Hibbits 1865/117 acres; Wm Miller 1867/151 acres; Richard Martin 1866/100 acres; 1867/150 acres; S. R. Pedigo 1866/150 acres; Thomas Pippins 1865-1866-1867/100 acres; Jackson Neill 1867/115 acres; T. Pedigo 1866/150 acres; C. K. Pedigo 1867/10 acres; John Condra 1868/154 acres; Asa Reeves 1868/125 acres; G. M. Smith 1868/125 acres; J. H. Langford 1865-1866/town lot; James Smith 1865-1866-1867/30 acres; Alfred Johnson 1867-1868/town lot; Langford Andrews 1867/town lot; Jesse Savage 1867/300 acres; John Young 1867/130 acres; Chism's heirs 1868/town lots; E. T. Embry 1868/150 acres; Smith Maxey 1868/175 acres; James Smith 1868/15 acres; Jessie Savage No. 2, 1868/105 acres; Wm Carter 1867-1868/50 acres; George Murray 1867-1868/50 acres; Susan Williams 1865-1866/50 acres; Alex Boles 1866/1000 acres; John Boles 1866/50 acres; Albert Whittaker 1866/60 acres; Robertis Vick 1866/150 acres; Berthena Jones 1866-1867-1868/50 acres; James Jones 1866-1867-1868/100 acres; ?Jane ?Nelson 1866-1867-1868/150 acres; Sarah Anderson 1867/250 acres; Malinda ?Sorrell 1867/500 acres; James Allen 1868/80 acres; John Montgomery 1868/38 acres; Russell Kinnaird 1868/40 acres; F. M. Cornwell 1865-1866-1867-1868/50 acres; Job Meadows 1865, 1866, 1867/100 acres; B. F. ?Polton 1865/town lot; Wm Putty 1865-1866 town lot; David Pleasant 1865-1866-1867-1868/50 acres; Lynn Goolsby 1866-1867/70 acres; Joshua Haile 1868/430 acres; Hancock's heirs 1865/150 acres; Jessie Chambers 1865-1866-1867/50 acres; Cornwell's heirs 1867/200 acres; Simpson Fox 1866/150 acres; W. W. Davis 1867/80 acres; Nancy Kindle & Draper 1865/200 acres; Wm Sadler 1865-1866-1867-1868/50 acres; Matthew Kuykendall 1866-1867-1868/200 acres; Thomas Brewington 1867, 1868/250 acres; Elizabeth Jones 1866-1867-1868/66 acres; Joseph Lee's heirs 1866-1867/100 acres; John Putty's heirs 1866-1867/100 acres; Scantland's heirs 1866-1867-1868/100 acres; Sarah Davidson 1868/50 acres; A. J. Gaw 1868 60 acres; Margaret Wilson 1868/100 acres; James Johnson 1868/100 acres; James Johnson 1868/100 acres; Mary Cornwell 1865-1866-1867-1868/300 acres; W. E. Parham 1868/127 acres; Elizabeth Hall 1868/16 acres; Benjamin Head 1866-1867/100 acres; Elizabeth Welch 1866-1867-1868/60 acres; W. H. Carter 1867/65 acres; John H. Goss 1865-1866-1867/100 acres; Wm Brewington 1867/50 acres; R. J. Maxey 1868/100 acres; Nancy Rich 1868/175 acres; Lucy Hardcastle 1865-1866-1867-1868/15 acres; George Stone 1866-1867/200 acres; John H. Duston 1865-1866-1867-1868/150 acres; G. Maxwell 1866/200 acres; Mary Burks 1866-1867-1868/75 acres; Susan Williams 1866-1867-1868/50 acres; J. M. [or W.] Brown 1867/300 acres; John Boles, Jr. 1867-1868/75 acres; Joseph Armstrong 1866-1867-1868/50 acres; Jos Brown 1865-1866/50 acres; Jones Flatt 1868/50 acres; Jo Brown's heirs 1868/100 acres; Elizabeth Boles 1868/200 acres.
W. W. Woodfolk 1869/2600 acres; W. W. Woodfolk 1869/445 acres; W. W. Woodfolk 1870/2600 acres; W. W. Woodfolk 1870/445 acres.
[Separate list of 1868 foreclosures in different hand included District Number]:
Shad Woodfolk [No Dist] ?20 or ?50 acres; John H. Denton Dist 1/260 acres; Jn W. Brocks Dist 3/200 acres; C. Carver's heirs Dist 3/378 acres; L. [or S.] D. Cassety Dist 3/275 acres; Henry Jones' heirs Dist 3/120 acres; W. W. Woodfolk Dist 3/445 acres; J. B. Woodfolk's heirs Dist 3/400 acres; J. H. Young 4th Dist/50 acres; Thos Flippin's heirs Dist 5/60 acres; Johnathan Davis Dist 6/2 town lots; E. T. Embre Dist 6/150 acres; Alfred Johnson Dist 6/1 town lot; Polly Roberts Dist 7/2 town lots; Joe Chaffin's heirs Dist 10/150 acres; S. Dill's heirs Dist 10/50 acres; E. R. Hancock's heirs Dist 10/100 acres; Josh Haile Dist 11/430 acres; David [or Daniel] Webb Dist 11/3 town lots; Thos Brewington Dist 12/250 acres; John Lee's heirs Dist 12/100 acres; John Putty's heirs Dist 12/100 acres; Scantland's heirs Dist 12/200 acres; W. O. Parham Dist 12/127 acres; R. J. Maxey Dist 14/1000 acres; R. J. Maxey Dist 14/100 acres; John Osgatharp Dist 14/50 acres; C. C. Pointer's heirs Dist 14/25 acres; B. M. Plumlee Dist 14/75 acres; Conner's heirs Dist 15/100 acres; Joseph Armstrong Dist 16/50 acres; Joe Brown's heirs Dist 16/150 acres; S. Hines Dist 16/100 acres.
For the Year 1869 [no district listed]:
S. W. Cassety's heirs 5 acres; Mary Cornwell 260 acres; J. M. Burris' heirs 150 acres; B. E. Williams 42 acres; J. M. Stafford 225 acres; B. E. Williams heirs/town lots; Joseph Cowan 40 acres; Wm Hufhines 50 acres; Geo Jenkins 40 acres; Christopher Longo 100 acres; Paul Clay 250 acres; Henry Jones' heirs 120 acres; Joseph Medders 20 acres; James Young's heirs 387 acres; Richard Coonts 120 acres; Almaris Harp 100 acres; Mary Wilkinson 6 acres; James Mink 200 acres; S. B. Wilkinson 39 acres; E. S. Wilson 112 acres; J. H. Young 50 acres; Bettie Bobo 160 acres; John Birdwell 150 acres; William Capers 80 acres; Thomas Floppin 85 acres; J. H. Welch 14 acres; E. T. Embree 150 acres; Smith Maxey 175 acres; James Smith 15 acres; Jesse Savage 105 acres; James Carmack 103 acres; E. H. Hancock 200 acres; Pinck Lewis 150 acres; H. H. Hamilton heirs 150 acres; W. B. Hawkins 60 acres; William Netson 200 acres; James Rash 50 acres; William Smith 100 acres; Susan Chaffin 150 acres; A. [?U. or H. or N.] Davis 25 acres; Stephen Dill's heirs 100 acres; E. R. Hancok's heirs 100 acres; Thos Haile's heirs 300 acres; Barthena Jones 100 acres; John Terry heirs 300 acres; Littleton Smith 50 acres; Joshua Haile 433 acres; Amon Haile's heirs 100 acres; Charles Medders 100 acres; Julis Medders 50 acres; Daniel Pleasant 80 acres; Susan Price 100 acres; William Sadler 150 acres; Margaret Wilson 100 acres; Bennett Arterberry 75 acres; John Cherry's heirs 30 acres; William Gray 100 acres; Daniel Hislans [?Hestand] 213 acres; E. F. Langford 30 acres; A. Maxey 100 acres; Alford G. Moore 200 acres; Benjamin Plumlee 75 acres; Thomas A. Wilson 300 acres; William A. Vitetro 26 acres; Nancy Wilson 100 acres; Alferd Wadis 120 acres; Joseph Armstrong 50 acres; [?]F. H. Armstrong180 acres; Joseph Brown's heirs 100 acres; Hugh Brocker 50 acres; Jones Flatt 50 acres; Michael [?]Ghomley 250 acres; John Hawkins 25 acres; Thomas Maxwell 225 acres; Susan Williams 75 acres; John S. Ward 40 acres; James Watson 70 acres; Cornelius Carver 375 acres; J. B. Woodfolk's heirs 400 acres.
YEAR 1870 [NO DISTRICT LISTED]:
Sam E. Stone heirs 200 acres; L. B. Settle/town lots; B. E. Williams 42 acres; Jno W. Brooks 200 acres; Paul Clay 160 acres; Henry Franklin 100 acres; Sallie Hall 260 acres; Joseph Meadows 27 acres; Drury West 60 acres; W. W. Woodfolk 445 acres; J. B. Woodfolk heirs 400 acres; John Carter 225 acres; Thomas Swan 100 acres; W. K. Wilson 100 acres; E. W. Wilkinson's heirs 102 acres; James Young's heirs 50 acres; Thos Flippin 55 acres; Asa Reeves 155 acres; Wade [cannot decipher] 100 acres; James Langford 500 acres; Hugh Kirkpatrick/town lots; Austin Spear 335 acres; Millard Talmon 100 acres; Andrew Beasley 100 acres; John C. Hawkins 100 acres; H. H. Hamilton 150 acres; E. R. Hancock 100 acres; Thina Jones 28 acres; Earl Montgomery's heirs 30 acres; Littleton Smith 50 acres; Rebecca Lee 80 acres; Meadows heirs 50 acres; Walter Billingsley's heirs 35 acres; Walter Brewington's heirs 175 acres; W. C. Chism's heirs 145 acres; Dtephen Dill's heirs 50 acres; W. M. Wilson's heirs 200 acres; W. R. Chaffin 50 acres; James Goolsby 150 acres; John Lee's heirs 100 acres; John Putty's heirs 100 acres; Margarett Wilson 100 acres; John Cherry's heirs 30 acres; A. J. Cherry heirs 368 acres; Daniel Hestand's heirs 215 acres; R. J. Maxey's heirs 100 acres; H. H. McDonald 110 acres; Fil_ _ _ [?]Dewiss 100 acres; Ali_ _ _ Rogers heirs 100 acres; Solomon Hargis estate 50 acres; Leroy Hardcastle 15 acres; R. J. Maxey's heirs 99 acres.
YEAR 1871 - NAME/ACRES/DISTRICT NO:
W. W. Woodfolk/2600 ac/1; B. E. Williams heirs/42 ac/1.
Wm Hufhines heirs/100/2; James Sneed, Gdn/120/2 [at bottom of list, I moved up].
Wm Hufhines heirs/100/3; Joe Meadows 27/3; W. W. Woodfolk 445/3; J. B. Woodfolk/750/3.
Thos Sisco/100/4; [?] K. Wilkerson/150/4; Jas Young's heirs/50/4.
Andrew Beasley's heirs/100/9; Alfred Lynn/?400/9; John Lynn heirs/300/9 [marked thru]
Stephen Dill's heirs/50/10; Joseph Grimsley heirs/87/10; Barthena Jones/50/10.
Jas Cornwell's heirs/112/11; Thomas Haile heirs/300/11; Amon Haile heirs/100/11; Charles Meadows/100/11.
Walter Billingsley heirs 30/12; Thomas Brewington heirs/175/12; John Lee heirs/100/12; Scantland heirs/400/12; Margaret Wilson/100/12.
Alfred Moore heirs/150/13; James [?]Conner heirs/50/15; Wm Eller/160/15; James Fuqua est/50/15; Lucy Hardcastle/15/15; Solimon Hargis est/50/15; George [?]Stout 110/15; J. W. Smith est/400/15; Thomas Smith/200/15; Garrett Sadler/124/15.
Joe Armstrong/50/16; Jerry Brown/100/16; John Burris heirs 50/16; Flowers heirs/50/16; John Hawkins heirs/25/16; Hullett H_ulls/150/16.
STATE OF TENNESSEE & COUNTY OF JACKSON vs ZEBULON M. YOUNG:
SUMMONS: Mounce L. Gore, William Gore, Samuel Gore, Eliza Gore, William Deckett and wife Ingaber Deckett, Jobe W. Morgan and wife Dauline Morgan, George H. Morgan and Mouncy Butler. 4 th Monday in April 1873.
Zebulon M. Young, Revenue Collector vs Adison Dycus, land sold for taxes. Was assessed 1865 to Mary Seran. Value then was $600, being 100 acres. Tax 1865 was $1.38 to County of Jackson and $1.50 to State of Tennessee.
WITNESS: M. B. Young age 50, was attorney for Z. M. Young, Revenue Collector.
WITNESS: N. B. Young age 52, ditto above.
BILL OF COMPLAINT of Zebulon Young, Revenue Commissioner vs James Lee of Jackson Co. Lee owner of land Dist 2, Jackson Co., 100 ac bounded on East by James Mc[?]Call and where Plesant Woods lived in 1872, West by Sampson Cassety, South by James McColl, N by John M. Clark where James Lee now lives. Said tract assessed 1867 to Peter Huffhines, sold to State for taxes, remain unpaid, not redeemed. 28 Sept 1878.
BILL OF COMPLAINT of Zebulon Young, Rev Comm vs Sallie Hudson, Marinda Hudson, Malinda Hudson, Lucinda Hudson, Amanda Hudson and Newton Hudson, Merideth York and wife Martha York all of Jackson Co, TN [district smeared] bounded South by Richardson Hudson, North by Montgomery Clark, E by Wade Graves, W by Buckner Crabtree, being same where Sallie Ann Hudson now lives. Assessed 1866 and 1867 to Samuel Hudson. Lucinda and Amanda Hudson, minors, no guardian. Martha York wife of deft Meredith York is the daughter and heir at law of Samuel Hudson. Sallie Ann Hudson is wife of deceased Samuel Hudson. Land sold to pay taxes. [No date; probably around September 1878 - see above case].
BILL OF COMPLAINT: Zebulon Young, Revenue Commisioner vs
Mounce L. Gore, William Gore, Saul Gore, Eliza Gore, William Pickett and his wife Anjalen Pickett, Job M. Morgan and wife Pauline, Geo H. Morgan and wife Mary A. Morgan, and Mounce G. Butler of Jackson Co., TN; Elvira Poteet of Overton Co., W. B. Butler of Clay Co., and T. H. Butler of Davidson Co.
Land in District 4, Jackson Co, TN bounded S by Obediah Hudson and land belonging to heirs of Richard Hudson decd, West by [blank] Claborne, E by Buckner Crabtree, N by Cl_ _ _baden Borden known in neighborhood as the Pigeon Road tract, being 128 acres more or less, condemned and sold for taxes assessed 1865, 1866, 1867, 1868, 1869 to Richard Coonts, now owned by Defendants, who are the children and grandchildren of Mounce Gore, deceased. Several years ago Richard Coonts bought said tract from Mounce Gore, failed to pay consideration, no deed...title in name of Mounce Gore...many years ago Thomas H. Butler was married to Polly Gore, a daughter of said Mounce Gore deceased; W. B. Butler, Mounce G. Butler and Mary A. Morgan [wife of defendant George H. Morgan] are issue of said marriage. [No date, probably about Sept 1878].
WITNESS: P. P. Pickard, Comptroller, State of Tennessee states Z. M. Young was elected Revenue Commissioner 1872, served to 1886. Did not show taxes collected on redemption of land.
WITNESS: Z. M. Young states Comptroller furnished him list of properties condemned for back taxes for years 1865 through 1870 and part of 1871, but Young didn't know he was supposed to do anything with it. Respondent got some amount due on Charles Medders' land from J. M. C. Carter - maybe $52.75...whatever he got was accounted for. Young stated his counsel [attorneys] were Milton Burtran Young and George Hamilton Morgan. Stated his occupation was Physician, lived Gainesboro, Tennessee.
Stated he filed bills to sue for collection of taxes on: James Lee, Adison Dicus (dismissed), R. & V. M. Clark, Jo Birdwell, Wm Spivy, M. L. Gore, Johnathan R. Wilson, Joseph Carver et als (dismissed), W. W. Woodfolk, Byril Clark, J. H. Young, James Williams etals, Sallie Hudson etal, James Jones, James Fulks, Wm Young, Joshua Haile Sr. etal, Alex Neville (dismissed), Elizabeth Haile, Samuel Woolbright, Charles Meadows (dismissed), M. D. F. Pope.
STEPHENS, MARY L. vs RAMSEY, HENRY and BUIST, J. R. etal vs ELROD, JAS.
SYNOPSIS: Several bills and cross-bills of complaint were combined in this case, which was eventually tried in Tennessee Supreme Court. William Woodfolk owned large tracts of land in Jackson and Smith Counties, died in 1859. His son Wade William Woodfolk was named Executor in his father's will. W. W. Woodfolk became insolvent and was removed as Executor. John S. Quarles, an attorney in Gainesboro, Jackson Co, TN was appointed Receiver and managed the estate. Another son of William's, Jos B. Woodfolk, died intestate and unmarried in 1829 while on a trip to Iberville Parish, Louisiana. His sibling's each were entitled to a 1/5 share in his estate. Jos. B. Woodfolk owned a 400 acre tract in Jackson Co. that was rocky and hilly, and was of little value according to John S. Quarles and Wade William Woodfolk. Most of the heirs executed quit-claim deeds to their interest for the sum of $100.00 each share to John S. Quarles who sold it almost immediately to J. R. Buist and wife Laura [a daughter of William Woodfolk]. Unbeknownst to some or all the children of William Woodfolk, William had deeded a 1500 tract to Jos B. Woodfolk [predeceased his father in 1829], but retained a life interest. The deed from Quarles read '...all the land owned by Jos B. Woodfolk in Jackson Co, TN...' The heirs had unintentionally sold not just their 1/5 each interest in 400 acres as they thought, but also their interest in the old 1500 acre home place, which contained a house, barn and other outbuildings. The deed from William Woodfolk to Jos B. Woodfolk surfaced 13 years after William Woodfolk's death.
County of Madison, State of Tennessee} Mary L. Stephens appointed guardian for Eliza Blount Stephens, minor child of D. M. Stephens under the will of Eliza Miller, deceased. Dated 12 January 1883.
AFFIDAVIT of MARY L. STEPHENS, Executor of Eliza A. Miller. Eliza A. Miller sold Henry Ramsey land in Jackson County, Tennessee for $425, land in 14th District bounded by SE corner of Henry Ramsey's tract formerly owned by J. B. Woodfolk...top of ridge in Mrs. Miller's east boundary line, then North with said ridge...to J. B. Woodfolk's 1500 acre tract...another line of Woodfolk now Sircy's, being 61 acres known as Lot 1 of that part of Wm Woodfolk assigned to Eliza Miller in partition of land of said Woodfolk. Ramsey executed notes. 12 August 1885
[Signed] Mary L. Stephens
INDENTURE: 15 Jan 1874 between [Wade] William Woodfolk of the City of Nashville and Henry Ramsey of Jackson Co, sum of $800 with $500 cash and balance of $300 in 12 months, land in 3rd Dist known as Lot 1, Division of J. B. Woodfolk land and laid off to Laurie W. Buist and J. R. Buist in said division and by them conveyed to me...East boundary of Kent's land...corner of original tract granted by State of Tennessee to J. B. Woodfolk, being 108 acres. Dated 15 January 1874.
[Signed] William Woodfolk
POWER OF ATTORNEY: Mrs. P. L. Bates appoints Annie L. Stephens to handle matters regarding petition of Eliza B. Stephens vs Jas Elrod etal to sell lands belonging to estate of [blank] Woodfolk for the benefit of heirs of the estate. 26 June 1897.
[Signed] Mrs. P. L. Bates [Notary reads Mrs. Pattie L. Bates]
REPORT OF SALE: Eliza B. Stephens vs James Elrod, etal, Clerk of Jackson Co. Court states after advertising sold 20 January 1894 land at court house, Gainesboro, Tennessee, price of $4,750 to W. J. Dixon, S. A. Smith, J. B. Dixon, W. N. Dixon, F. A. Cornwell, G. T. Barrett and U. [or H. or W.] L. Dixon became purchaser.
POWER OF ATTORNEY: I, James Elrod Oates of Helena, County of Phillips, State of Arkansas, name Annie L. Stephens power of attorney to act...pending action in Jackson County, Tennessee, Eliza B. Stephens vs James Elrod, regarding partition and sale of lands of J. B. Woodfolk, deceased. Dated 2 July 1897.
[Signed] James E. Oates
POWER OF ATTORNEY: We, J. E. Springbett and wife Eliza B. Springbett and Sallie Stephens Clark all of Jackson, Tennessee [Madison County] appoint A. L. Clark of Jackson, Tennessee but now visiting in Jackson County, Tennessee, Power of Attorney. 11 July 1896.
[Signed] J. E. Springbett, Eliza B. Springbett, Sallie Stephens Clark.
Notary: Sallie S. Clark is wife of said A. L. Clark
ELIZA BLOUNT STEPHENS, SALLIE CLARK & HUSBAND A. L. CLARK
JAMES ELROD, C. T. BATES & WIFE MARTHA L. BATES, ANNIE L. STEPHENS, SADIE A. PORTER & HUSBAND GEORGE PORTER, JAMES OATES, MARY E. WARREN & HER HUSBAND GEORGE WARREN, LETITIA A. LINDSEY
[NOTE SAYING]: "Here Insert Clerk's Report of Sale"
Land to be vested out of Complainants and Defendants and in purchasers W. J. Dixon, S. A. Smith, J. B. Dixon, G. T. Barrett, F. A. Cornwell, W. N. Dixon and U. [or W.] Dixon.
SUMMONS: To Sheriff of Madison Co. - James Elrod, C. T. Bates and wife Martha L. Bates, Annie L. Stephens to appear 1st Monday in July 1893, case of Eliza B. Stephens etal vs Jas Elrod etal, for purpose of partition.
ANSWER OF: Benjamin Barr and wife Sarah K. Barr formerly Sarah K. Elrod; Austin Elrod; James Elrod to Bill of Complaint of John Marshall and others filed at Gainesboro.
Cannot admit J. B. Woodfolk was owner in remainder...by bill of conveyance by his father W. Woodfolk of Jackson Co...land in controversy Wm Woodfolk resided on, owned, claimed up to his death about May 1859...that tract conveyed to heirs named in his will. W. W. Woodfolk the Executor of Wm Woodfolk and the brother of Sarak K. Barr the wife of B. Barr. Jos B. Woodfolk who died as before stated...his brother Austin Woodfolk in Louisiana.
REPORT OF SALE: Eliza B. Stephens v James Elrod, etal by Clerk of Jackson County Court. 20 Jany 1894 after advertising...sold said land at court house in Gainesboro, TN. W. J. Dixon, S. A. Smith, J. B. Dixon, W. N. Dixon, F. A. Cornwell, G. T. Barrett and U. [or W.] L. Dixon became purchaser for $4,750.
SUMMONS: To Sheriff of Madison Co., TN, James Elrod, C. T. Bates and wife Martha L. Bates, Annie L. Stephens to appear 1st Monday in July 1893, petition of Eliza B. Stephens, etal vs Jas Elrod, etal...purpose of partitioning land.
ANSWER of Benjamin Barr and wife Sarah K. Barr, formerly Sarah K. Elrod; Austin Elrod; James E. Elrod to Bill of Complaint of John Marshall and others filed at Gainesboro.
Cannot admit J. B. Woodfolk was owner in remainder interest of land in his lifetime...bill of conveyance from his father Wm Woodfolk of Jackson Co., Tennessee...land in controversy, Wm Woodfolk resided on, owned and claimed up to his death...was never heard to state he was only a tenant for life. When making his will a short time before his death...occurred about May 1859...conveyed that tract to certain heirs named in his will. False that he conveyed that tract to Jos B. Woodfolk. Said Jos B. Woodfolk died single and probably intestate at the time and place previously named during his temporary absence from Tennessee. Cannot admit said 1500 acres belong to heirs named in will of Wm Woodfolk...commissioners apportioned a tract of some 66 acres in Smith Co., TN. W. W. Woodfolk was named Executor of estate of his father William Woodfolk's estate. W. W. Woodfolk became insolvent, was removed and a Receiver appointed. Said Executor conveyed a portion of his property and all interest he had in his father's estate to secure the other devisees. W. W. Woodfolk has informed Respondents that his brother Jos B. Woodfolk owned a 400 tract in Salt Lick Creek in Jackson Co. represented as almost valueless and untillable; that they ought to dispose of it, and Respondents Barr and wife some time in 1869 or 1870 did sell their 1/5 interest in what was represented to them as being this 400 acre tract, to J. L. Quarles for $100.00.
W. W. Woodfolk, the Executor of Wm Woodfolk is the brother of Respondent Sarah K. Barr, the wife of B. Barr...since the death of their father Wm Woodfolk...their brother Jos B. Woodfolk died in 1829 intestate and single; his estate was inherited alike by all his brothers and sisters or their descendants, and the children of his brother Austin Woodfolk of Louisiana would come in for a share being left out of the will of their father ["and" possibly omitted] grandfather took [possibly should be "received"] no interest in his estate.
Respondents are informed that J. L. Quarles was the Receiver of Wade W. Woodfolk's estate. Respondents deeded their interest, being 1/5 of the undivided some 400 acre tract, to Quarles by quit-claim deed for $100.00. The 1500 tract rented for $1800 annually, included residence, mills, barns, out houses, good tillable land.
J. B. Woodfolk died in another state. W. W. Woodfolk conveyed his interest to other devisees...that they absolve him of the liability of waste.
[Signed] Stephens & McHenry, Solicitors
CROSS-BILL: B. Barr and wife, Austin Elrod and James Elrod
W. W. Woodfolk, J. R. Buist and wife Laura Buist of Davidson Co., TN and John T. Quarles of Jackson Co., TN
Cross-Complainants state they and other heirs of Wm Woodfolk are entitled to 1/4 part of his estate by devise. Sarah K. Barr is the sister of Jos. B. Woodfolk, deceased, who died in 1829 intestate, leaving five (5) distributive portions of his estate. W. W. Woodfolk is the brother of Joseph B. Woodfolk. J. R. Buist and wife Laura are the son-in-law and daughter of Wm Woodfolk.
STEPHENS, ANNIE L. & OTHERS
BILL OF COMPLAINT: Annie L. Stephens, Sallie Clark and husband A. C. Clark, Eliza Springbett and husband [blank] Springbett, citizens of Madison County, Tennessee vs
Robert Kemp of Jackson County, Tennessee.
On 20 February 1889, Mary L. Stephens and Eliza B. Stephens sold land to Robert Kemp in 14th District, Jackson Co, TN, bounded on north by land formerly, and perhaps now, owned by Jock [or Jack] Burton; west by Phe Butler's land; south by J. S. Sircy; and east by Abe King and Filmore Butler being 70 acres.
Since selling, Eliza B. Stephens intermarried with [blank] Springbett, her present husband, and Mary L. Stephens has died, having published last will. Sallie Clark and Annie L. Stephens, Executors, will probated Madison Co., Tennessee. Sallie Clark and Annie L. Stephens are only lawful heirs of Mary L. Stephens. Dated 11 Decr, 1895.
PROMISSORY NOTES: $216.66 each payable in 12 and 24 months, 20 February 1889.
Robert [his X mark] Kemp
CROSS-BILL: Eliza A. Miller against John Marshall, John B. McEwen & David Campbell of Williamson Co, TN; W. W. Woodfolk and J. R. Buist and wife Laura of Davidson Co, TN; Martha D. Lyon of Madison Co, TN; B. L. Rozell and wife of Coahoma Co, MS; Benj Barr & wife Sarah K. Barr of Madison Co, TN; Austin Elrod & James Elrod of Madison Co, TN; Martha L. Barr and L. T. Lindsey and wife Letitia of Madison Co, TN; W. W. Lyon of Madison Co, TN; John T. Oates and his children Samuel, John, James, Sally & Dixie Oates the last five minors without guardians and residing in Monroe Co, AR; Jos B. Woodfolk, Tennessee Louisiana Slack and her husband H. L. Slack; and Sally Woodfolk of the State of Louisiana, heirs of Austin Woodfolk deceased, and John S. Quarles of Jackson Co., Tennessee.
She [Eliza A. Miller] charges...she is one of devisees of will of William Woodfolk deceased and entitled to one-fourth part of his estate. Her brother Jos B. Woodfolk died siezed of 300-400 acres and she as one of his heirs entitled to one-fifth of his estate. Dated 2[?] July 1871 [Signed] Stephens & McHenry, Solicitors
[Signed] Eliza A. Miller
EXHIBIT: "Dec 16, 1869. Dear Madam, Having purchased the undivided intrest of Mrs. Barr in the Jo B. Woodfolk Lands in Jackson County, Tennessee...I gave Mrs. Barr $100...offer you the same...land is very hilly and rocky unfit for cultivation, encumbered with taxes...write in care of Jno Hughes in Nashville. [Signed] John S. Quarles
LAST WILL of Mary L. Stephens, proved Feby term 1892, Madison Co, TN B 19, p 19:
I, Mary L. Stephens give to my daughters Annie L. Stephens & Sally Stephens now Mrs. S. Clark all of my property in the town of Jackson, Madison County, share and share.
I give to my daughter Annie L. Stephens the house garden & 20 feet North of & Elm tree in the North West corner to have & to hold free from the debts and control of any house she might have.
I give to my daughter Sally Stephens two houses on Market Street & the one on Shannon Street to have & to hold free from the debts of any husband she may have.
The above property I have made "deeds of gift" to both of them.
My desire is at the death of each one of them, that all property go to the one living at their death-
After paying all of my debts I give and bequeath to my young friend Charles F. Morgan a lot on Shannon Street.
All the lots in front of the house to be sold but the one given to C. F. Morgan & the money divided.
My household goods not to be sold tho give them the privilege of selling anything if priority & necessary.
I transfer my guardianship of my niece Eliza B. Stephens & all of her property bequeathed to her to my daughter Annie L. Stephens guardianship if permissable & legal simply for safe keeping until she comes of age. September 2nd/87.
[Signed] Mary L. Stephens
Codicil - I leave a present for Hellen Miller to be selected by my two daughters. [Signed]
Codicil to my Will not deeds of gift
My daughter Annie L. Stephens to have the house in which I now live free of control of any husband. [Signed]
My daughter Mrs. Sallie Clark...houses on Market & Shannon
[Witness/Notary] John Magerney, Dep. Clerk [Signed] Eliza A. Miller
STATE OF TENNESSEE, CO OF DAVIDSON: J. R. Buist & Laura Buist to Bill of Complaint of Eliza A. Miller and B. Barr and wife Sarah K. Buists state they bought land from John S. Quarles in good faith, and if there was fraud, they didn't know it.
[Signed] J. R. Buist, Laura H. Buist [Signed] James Y. Quarles, Solicitor
ANSWER: Eliza A. Miller to Bill of Complaint by Wade W. Lyon, etal: Children of Mrs. M. D. Lyon, children of Mrs. S. K. Barr ne` Elrod are each entitled to one-fourth; W. W. Woodfolk to one-fourth and Respondent to one-fourth. 13 July 1869
[Signed]Jas K. Stephens, Solicitor for Respondent [Signed] Eliza A. Miller
ANSWER of John S. Quarles states in January 1867, was appointed by William W. Woodfolk as agent to rent land and estate of William Woodfolk, decd. 19 April 1870.
DEMURRER & ANSWER: Eliza Marshall and John Marshall, by Guardian James T. Quarles state they are minors, rely on Co-defendants Campbell and McEwen.
QUIT CLAIM DEED: We, Joseph B. Woodfolk, Austin Woodfolk, Sarah J. Woodfolk and Louisiana T. Slack wife of Henry R. Slack of Iberville Parish, Louisiana for $100 sell and convey to John S. Quarles by quit claim deed lands which Jos B. Woodfolk died siezed and possessed. 19 May 1870. [All signed]
DEED OF CONVEYANCE: William Woodfolk sold J. S. Sircy and R. H. Sircy of Jackson Co, TN for $600 parcel of land Dist 3, 109 acres, being Lot 2 of Jos B. Woodfolk laid off to Laura W. Buist & J. R. Buist. Dated 30 October 1883.
DECREE: Eliza A. Miller and Sarah K. Barr won, but Buist to receive money including interest which they paid John S. Quarles for land. Supreme Court of Tennessee set aside deeds as obtained by fraud by Quarles.
ANSWER: C. T. Bates and wife M. L. Bates, Mary L. Stephens and Eliza Stephens, James Oates, Mary E. Oates and Sallie Oates, L. T. Lindsey and wife L. A. Lindsey to Bill of Complaint of J. R. Buist and Laura Buist. Buist awarded $200.20 against Eliza Miller; $205.32 against Sarah K. Barr. Complainants received Lots 5 & 6 of the Jos B. Woodfolk 1500 acre tract as heirs of Eliza Miller and Sarah K. Barr, Eliza and Sarah being then dead. Mrs. Miller died while appeal [to State Supreme Court] was pending, and Mrs. Barr died long before that. It is alleged James Oats, Mary E. Oats and Sallie Oats are minors...untrue, are of full age. 27 December 1888.
Eliza A. Miller and Sarah K. Barr both dead when decree rendered State Supreme Court 12 Jany 1887.
WITNESS: Henry Ramsey, lawful age, states bought land from W. W. Woodfolk 15 July 1874, owned about 17 years.
WITNESS: J. S. Sircy, lawful age, purchased land from Wm W. Woodfolk 23 July 1877.
AFFIDAVIT: Mary Sircy states she is widow of R. H. Sircy who died January 1889.
Mary E. [her X mark] Sircy
Ewing & Marshall are clerks, Davidson Co., Tennessee.
Land sold to Ramsey and Sircy before court case settled.
AMENDED COMPLAINT: Mary L. Stephens vs Henry Ramsey. Asks Maggie Searcy, Josie Searcy, Lassie Searcy, David Searcy, Zac Searcy, John Searcy, Van Searcy, Rosie Searcy and Mary Searcy, children and heirs of R. H. Searcy deceased, be made parties to suit.
BILL OF COMPLAINT: Mary L. Stephens widow of James K. Stephens, deceased; Eliza B. Stephens, James Elrod, Martha L. Bates and husband C. T. Bates all of Madison Co, TN; Sadie A. Porter and husband George, citizens of Ripley, TN; James Oates, Mary E. Warren & husband George Warren of State of Arkansas; Letitia A. Lindsey widow of E. T. Lindsey of the State of Colorado
Henry Ramsey, J. S. Searcy, R. H. Searcy of Jackson Co, TN; J. R. Buist and wife Laura Buist of Nashville, Davidson Co; Wm Woodfolk of Murray Co, TN.
Complainants are children and grandchildren of Eliza A. Miller and Sarah K. Barr except the husbands of some of the parties as shown in caption. Mrs. Miller and Mrs. Barr are both dead...also state they are descendants of William Woodfolk deceased and that his son Wade W. Woodfolk was Executor.
POWER OF ATTORNEY: Mrs. Pattie L. Bates of Madison Co, TN appoints Annie Stephens of Madison Co, TN. 4 May 1897
POWER OF ATTORNEY: Sallie E. Porter, George C. Porter and James E. Oates of Lauderdale Co, TN appoint Annie L. Stephens of Madison Co, TN. 4 May 1897.
POWER OF ATTORNEY: Joseph E. Springbett & Elizabeth Blount Springbett of Madison Co appoint Annie Stephens of same. 4 May 1897.
BILL OF COMPLAINT: Sallie Clark & her husband A. L. Clark and Eliza Blount Stephens of Madison Co, TN vs James Elrod, C. T. Bates and wife Martha L. Bates, Annie L. Stephens. Complainants Sallie Clark & Annie L. Stephens are the only children & heirs at law of Mary L. Stephens, a deceased daughter of Eliza H. Miller, deceased. Complainant Eliza B. Stephens is the only child and heir at law of another deceased daughter of Eliza A. Miller deceased.
Sallie Clark & Eliza B. Stephens and defendant Annie L. Stephens are the only heirs at law of Eliza A. Miller deceased - Eliza Blount Stephens owning 1/2 & Annie L. Stephens and Sallie Clark the other 1/2 of Eliza A. Miller's part.
Defendants except Annie L. Stephens are the owners of the other half or the Sarah K. Barr share of said land, they being descendants of Sarah K. Barr deceased.
STEPHENS, GEORGE vs STEPHENS, FANNIE
BILL OF COMPLAINT: George and Fannie Stephens were married 25 December 1885 in Jackson Co. Three months ago, she became familiar with Martin Smith. George charges adultery, desires divorce, all rights of unmarried man. No children mentioned.
George [his X mark] Stephens
BILL OF COMPLAINT: Volney L. Stevenson, Citizen of Davidson County, Tennessee vs Archibald Scruggs, a citizen of Smith County, Tennessee. About 1846-1847 Alexander Dillard of Smith County and John H. Young and Allen Young of Jackson County were engaged in mercantile business, doing business in the style of Dillard Young. Owed $2,000 to Volney Stevenson, were in dire financial circumstances. On 11 July 1848, Stevenson bought from them in District 13, Jackson County, land represented as 500 acres. [No relationships given in case].
Married Jackson Co, TN 18[blank] before the war, lived said County and State, poor and struggled for subsistence and her faithfulness & affection not reciprocated. Saturday the [blurred] June 1888, defendant beat cruelly their oldest daughter and struck complainant with a heavy Beech switch about three feet long. Owns crop of corn (one-third to Arch Stafford), one weak horse, cow & calf, patch of sorghum or molasses cane (one-half to Russel Spurlock), cotton patch and 3 bushels of Irish potatoes. Requests he be enjoined from selling, all property for her and minor children and possession of the four children Belle, Martha, Asberry and Thomas, last mentioned the youngest not quite 7 years old.
Emily [her X mark] Steward [Signed] J. M. Morgan, Sol. 2 July 1888
Married Jackson County, Tennessee [blank/blank] 1891, happy four months, he became cruel and abusive. About three years ago he deserted her. Alleges adultery with Lize Gipson in State of Kentucky. Asks possession of boy Leland 5 years old last October & girl Lenore 3 years old last April.
[Signed] Etta Stewart [Signed] J. M. C. Carter, J. P.
STEWART, FRANCIS etal
GENTRY, E. R. [Rosco], GENTRY, ELMORE and GENTRY, CONSTANTINE
BILL OF COMPLAINT: Francis Stewart sues by next friend Walter Stewart, both of Putnam County against E. R. Gentry, Elmore Gentry, Constance Gentry, residents of Putnam Co. Francis Johnson and Walter Stewart were married in Jackson Co, TN about 1901. Walter Stewart inherited from his mother or by will from John M. Gipson land in the 9th District, Jackson Co, TN, bounded on North and West by Kirk Stewart; South by John R. Stafford and East by Ben Hensley, about 60 acres worth about $1000. Complainant states about 1904 she was over persuaded to execute deed jointly with her husband to convey this land to E. R. Gentry for "pitiful sum" of $100; was a minor, attained majority about 1906. E. R. Gentry about 1906 conveyed tract to Elmore Gentry except timber...contract with Constantine Gentry to remove valuable timber; saw logs cut from land on adjoining Ben Hensley farm ready to go to sawmill. Complainant states offered to buy back land for $250 together with interest on money paid her. Asks deed and timber contract be set aside, enjoined from cutting more timber. Due to poverty, unable to pay cost of suit. Dated 5 August, 1907.
[Signed] Francis Stewart, Walter Stewart, D. B. Johnson, Solicitor
DEPOSITION: R. E. Johnson states he was born 1836, live in 4 miles of Hilham. Am father of Francis Stewart, wife of Walter Stewart. She was born in December either 2 or 4 day 1883. Reason I remember I started to Missouri and stopped in Kentucky in 1881. I came back to Jackson County Fall 1882. I made a crop of corn at Arch Stafford's 1883, then moved to the Pain place that fall and she was born December that year. Put her date of birth in Testament then transferred to a larger Bible, let Elmore Gentry the defendant have the Bible last week. She [Francis] was borned Dec 2, 1883 but the 3 has been nearly rubbed out & a 4 put in place - don't know who. I bought a new bible about 10 years ago and one of the boys drawed the ages off.
[Signed] R. E. Johnson
AFFIDAVIT: D. B. Johnson, Solicitor for Complainant, makes oath...on another trial of this case, Francis Stewart did not state to E. R. Gentry prior to his purchase that she was 21. At time of taking deposition he was at Cookeville and went north believes to Overton Co, TN some 40-50 miles to take deposition of Francis Stewart.
PROSECUTION BOND: E. R. Gentry and Constantine Gentry, Principals and V. E. Bockman and J. G. Duke, Sureties, sum of $500 to Francis Stewart.
TESTIMONY: Frances Stewart states born 1884, Dec 4th, reside Putnam Co. Read and write a little, not well. Signed deed November 1903. Present were E. R. Gentry, Kirk Stewart, Noah Stewart, Mrs. Sarah Lane, Mrs. Alsie (Flatt) Lane, Mr. Jube Cummings, Lige Stewart. Best I recall, going on 17 when married October 1901. Land worth $250 then, worth even more now.
TESTIMONY: Lum Johnson age 38, will be 39 the 17th of next month. Live Mineral Springs. Am Frances Stewart's brother. Frances is 24 years old. When I married she was two years and about one month and a few days old. I have been married 22 years the 25th of last Feby. Dated 30 April, 1908.
[Signed] C. C. Johnson
TESTIMONY: Mary Ann Johnson, age going on 59. I am the mother of Francis Stewart, she is going on 24, born December. My daughter Melvina going on 22. I have 9 children, 8 living. Don't know what year I married; married 42 years next December. My husband and I have been separated going on two years. Two children younger than Francis; the baby is T. J. Johnson, the other Melvina. 30 April 1908.
Mary [her X mark] Johnson
CONTINUANCE: Francis Stewart vs Elmore and Rosco Gentry. Walter Stewart requests continuance, Bettie Payne is sick, can't give deposition. Deposition scheduled for 5 Dec 1908 at residence of Bart Robinson. 1 Decr 1908.
ANSWER: E. R., Elmore and Constantine Gentry. State tract was purchased 19 January 1904. Deny land was worth $1,000. Believed Francis Stewart was over age 21 at signing, they didn't pressure here. Stated Francis Stewart never offered to buy back property for $250, pointed out she had signed an affidavit of poverty.
WITNESS: John Hicks for Complainant, age 50, live near Gainesboro, acquainted with Rube Johnson and Family. Remember when Frances Stewart was born. Had taken lease on land at Blackburn's Fork from old Aunt Haly Hawkins for three years, was in the year of drought of 1881, the first year I cultivated. Lease up, moved to Morrison's Creek right close to Rube Johnson and if I ain't mistaken, Frances was born in Decr after I moved there in 1884.
J. N. [his X mark] Hix
DEPOSITION: John Martin for Complainant, taken at office of Clerk & Master, Gainesboro, 22 Apr 1908. Age 55, live 1st District. Known Rube Johnson and family since a boy. Lived five miles from him in Jackson Co, except when gone from State 1880-1885. Frances was born while I was gone. They told me she was born in 1883.
John [his X mark] Martin
Married 9 April 1911, Jackson Co, TN, where Complainant lived all her life. Defendant became abusive after three weeks, she went to her mother's, he came and promised to do better January 1912. He didn't support her, forced to rely on widowed mother. Middle of [?] March last, defendant left and has not been back since. Property two bedsteads, 10 acres of corn growing on Russel Spurlock land. Wants divorce, rights of single woman, name of Jannie Mahaney restored. Order issued to sheriff to attach sufficient property to pay costs and $10 fee for S. W. Tinsley, Atty for Plaintiff, total $19.15.
BILL OF COMPLAINT: Marion Stewart against Lura B. Stewart, alleges adultery with Clevus Gaw. Married March 190?9 [apparently divorced/remarried at least twice], Jackson Co. Defendant Lura B. Stewart has one child, complainant would ask for care and custody, but does not believe he is the father. October 17, 190?8
[Signed] Marion Steward
BILL OF COMPLAINT: Lura Belle Stewart against Marion Stewart. States were married 19 March 1903. After about six months, he became cruel, beat, whipped, called ugly names. Listed personal property including $1500 cash [listed considerable household goods for the era] . States he took $11.00 from a trunk that she had made from taking in boarders, egg money. Dated 25 April, 1904.
Lura Belle [her X mark] Stewart [Signed] D. B. Johnson
AMENDED BILL OF COMPLAINT: Immediately after filing in April 1904, Marion returned, promised to do better, begged her to come back, she did. 17 July 1904, he whipped Complainant. Listed personal property including about 100 bushels of potatoes yet to be dug on Howard Ragland's farm in District 11 where they now lived...cultivated by Complainant and John Stalions. Dated 18 July 1904.
STIDHAM, ANNIE A.
McCARVER, MARY etal
AMENDED BILL OF COMPLAINT: Annie A. Stidham of Smith County, Tennessee against Jno L. McCarver, J. L. Smotherman and wife Lula Smotherman, and Mary McCarver in her own right and as Executrix of L. H. McCarver, deceased of Jackson Co.
Complainant filed bill Feb 20, 1899 against defendants. About 1838 Samuel Hannah published his last will, bequeathed his daughter Elizabeth M. [Matilda] McCarver 125 acres (also another tract to another, not necessary now to be mentioned). Complainant is a grand daughter of said Elizabeth M. McCarver through a daughter of hers Sarah T. McCarver who married T. C. Moore, complainant's father. Complainant's mother [Sarah T.] died before said grandmother; complainant became entitled to a one-third interest in said 125 acre tract. Grandmother [Elizabeth M. McCarver] died 1863. Her grandfather L. H. McCarver continued to hold until 1886 when he died. Complainant married April 22, 1879 about age 19. About June 30, 1897 she was abandoned by her former husband and has been acting as a single woman. L. H. McCarver recognized her right to title up to his death and defendants after his death, down to date of deed of Francis Cornwell dated December 15, 1886, which conveyed an interest out of the 125 acres, deed made Exhibit to F. A. Cornwell's deposition.
[Signed] Draper & Settle and Garnett & Gold, Solicitors for Complainant
ANSWER: Defendants reply that L. H. McCarver's holdings were by adverse possession; that he made a deed in his lifetime to J. L. and Lula McCarver.
NOTICE OF DEPOSITIONS to be taken of John Draper, Almeda Draper and Mrs. Jennie Murphy September 11 and 12, 1899, at residence of John Draper, 3rd District, Jackson Co., TN.
ALMEDA DRAPER, will be age 55 on 20 Decr next. Live Highland on Wartrace Creek, Jackson Co 3rd District. Knew Sarah A. Moore deceased, daughter of L. H. and Matilda McCarver. Sarah Moore was wife of T. C. Moore and mother of Anna A. Stidham, complainant. Sarah A. Moore died "I think" about 1858 at the house of her mother where Mrs. Mary McCarver lives now. I and my husband married October 20, 1860, and would have been 16 years old the 20 of December following. Sarah Moore died before that time. Annie A. Stidham looked to be about two years old when her mother died.
Almeda [her X mark] Draper
JOHN DRAPER age 56, live Highland. Knew Sarah A., daughter of Logan H. and Matilda Carver. Sarah was wife of T. C. Moore and mother of complainant Annie A. Stidham. Not related to complainant or her mother. Lived on Indian Creek when Mrs. Moore died, about 3 miles from Mrs. Moore.
[Signed] John S. Draper
JENNIE MURPHY, born 14 May 1841, live Salt Lick Creek, Jackson Co. Knew Sarah Moore who died at house of her father L. H. McCarver in 1858. I was living where I was borned and raised and never lived anywhere else. I was married 9 Sept 1858, and was at L. H. McCarver's in January 1859, saw child Annie there...old enough to sit at table and eat, about age two. Live about three miles of them. I was there when Mrs. McCarver was buried, and visited going to and from church. Other occasions had dinner there. January 1859 with the family and Mr. McCarver and Abs Moore who was [McCarver's] store clerk. My husband didn't go that day...my sister Penelope fixed my husband his dinner at home. Penelope was three years younger than me, married 1868 or 1869, borned in 1844. Traded with McCarver 1859, don't remember when he went off...closed the store...went to Illinois; some time between 1859 and 1863, for he was in Illinois when his wife died, think in 1863. Not exactly sure of dates; my husband kept the receipts and reckon husband carried away with him in 1879.
[Signed] Jennie H. Murphy
TYPED TRANSCRIPT FOR TENNESSEE SUPREME COURT [Abstracted here]:
To the Hon. T. J. Fisher Chancellor holding the Chancery Court at Gainesboro, Tennessee, Complainant Anna Stidham comes into your Honors court for redress and relief upon the grounds following: She holds a Deed, compromise, or contract which is in the words and figures following:
"To all who shall see these presents Greeting- Know ye, that whereas I, L. H. McCarver of Jackson County give all my earthly lands and money on hand at my death to my grand daughter Anna Moore for Slander given her by my wife Mary McCarver, who now has give a lie bill. Witness my hand and seal this 22nd August 1878. L. H. McCarver
Witness T. C. Moore Seal
It conveyed to complainant at that time as she insists, all of the lands of the said L. H. McCarver, subject only to a life estate. It gave complainant a present vested interest in all of his lands to come into her possession at his death.
...The slander mentioned in said deed...words and figures following: ...Know ye that Whereas I Mary McCarver of Jackson County Tennessee have heretofore charged Miss Anna Moore with too much intimacy and with indecent and unbecoming conduct ...circulated charges against her derogatory to her character as a lady ...unqualifiedly false and slanderous to a base degree ... Her conduct has always been that of the most respectable and worthy her station therefore the charges circulated by me as aforesaid were unqualifiedly false and maliciously slanderous. Witness...22 Aug 1878.
[Signed] Mary McCarver
Witness: A. M. Furguson, T. C. Moore, M. H. Draper
Above probated by witnesses on September 11, 1878 before H. J. Harley Clerk and recorded Registered Office Oct 17 1878.
Soon after complainants deed was delivered to her she left Jackson County Tenn for her home in Georgia where on or about April 22 1879 she was married to J. S. Stidham and remained his wife until about June the 30th 1897 at which time she was divorced from him, acting as a single woman and providing for herself. L. H. McCarver died about January 25, 1886 which fact did not come to complainant's knowledge until some years afterwards - four or five years as she now remembers. Complainant after hearing of his death often expressed her wish and desire to come to Tennessee (she then living in Texas) and assert her rights in this matter, but her husband was strenuously opposed to it, refused to join her and forbade her taking any steps to that end.
Following her separation she returned to Tennessee and consulted counsel, turning over her papers, including will of Samuel Hannah (or what purports to be...). Since return, discovered L. H. McCarver began to dispose or make conveyance of the lands he had deeded her to his minor children in fraud of her rights. One deed conveys 300 acres to his son John L. McCarver who was then a minor less than 14 years of age, reserving all rents and profits of land until said J. L. McCarver should become 21 years of age, only consideration being love and affection dated April 23 1879. Same date as above he and wife Mary McCarver made another deed conveying to his daughter Lula McCarver now defendant Lula Smotherman, 300 acres ...almost the same language. Said Lula was then less than 8 years old ...both said deeds withheld from registration unil 14 July 1883, upon which day and and his said wife Mary McCarver executed another deed to John L. McCarver and Lula McCarver their minor children for all the rest of lands including lands that the said L. H. McCarver had deeded to complainant in August 1878.
Complainant states that L. H. McCarver first married to Elizabeth Matilda Hannah by whom he had several children, one being a daughter named Sarah A. who married T. C. Moore about 1852 ...said Sarah A. and T. C. Moore are mother and father of complaint, born Feb 26, 1860; her mother died in 1860 as she was so informed, while complainant a small infant. Her grandmother Elizabeth M. McCarver nee Hannah died about March 12, 1863 and her grandfather L. H. McCarver about Feb 4, 1864 married deft Mary M. McCarver, mother of defts John L. McCarver and Lula Smotherman. At L. H. McCarver's first marriage, he was a very poor man, but said first wife derived from her father's lands or landed interest... Sept 18, 1899
ABSTRACTS FROM DEEDS TO J. L. McCARVER & LULA McCARVER:
State of Tenn, Jackson County, Highland, April 23, 1879 ...we L. H. McCarver and Mary McCarver for love and affection to our son John L. McCarver...land north side of Cumberland river and north side of Wartrace creek all that part of the old Jacob Jenkins and the Samuel Hannah tract that lies north of the main creek that we owned at this date bounded east by lands of Henry Jones dec'sc, James Jones dec'sd, Andrew Cowen and others; on west and south by main Wartrace creek; north by A. M. Furguson, Wm Carver and others ...300 acres.
State of Tenn, Jackson County, Highland, April 23, 1879, we L. H. McCarver and Mary McCarver...our daughter Lula McCarver land Civil District No. 3 of Jackson county, north side of Cumberland river, south side of Wartrace creek; beginning at the creek on main part of ridge near a cave in the bluff below where Frances Cornwell now lives... toward Joel Richardson, all that portion of the old Samuel Hannah tract owned by us... bounded west lands of Woodfolk and Richardson; north by John A. Dycus; south by L. H. McCarver 300 acres.
State of Tenn, Jackson County, we Logan H. McCarver his wife Mary McCarver... our son John L. McCarver and our daughter Loula McCarver...
1st Tract - One half of the tract of lands known as the James Jones tract bounded on east by L. H. McCarve,r south by the lands of Mary Jones, west by L. H. McCarver, north by T. J. Forkum.
2nd Tract - Portion of Wm Huffhines tract where James Howell and James Walker now lives bounded north by T. J. Forkum, east by land of John McCawleys heirs, south by Cumberland river, west by lands of W. H. Botts, formerly lands of A. S. Huffhines, excluding portion heretofore sold and conveyed by me to T. J. Forkum.
3rd Tract - ...where James Kirby now lives on Flynns creek and bounded by Flynns creek the lands of the heirs of John Brown decd and the lands of James Howard Brown...
4th Tract - ...rights title interest and claim which we have in and to the tract now cultivated and claimed by J. M. Johnson, it being place which J. M. Johnson purchased of A. H. Hoover lying on Flynns creek.
5th Tract - ...right title interest and claim which we have in and to the tract known as the home tract on Wartrace creek bounded by lands of Loula McCarver, Joel Richardson, John L. McCarver. Dated July 14, 1883.
[Signed] L. H. McCarver, Mary McCarver Attest: G. B. Murray, W. W. Draper
DECREE: Complainant and L. H. McCarver and wife Mary McCarver ... written contract which good faith would have required him to comply with, and which good faith still requires his heirs as his representatives to comply with. But when this point is reached the complainant is met with the fatal objection that McCarver died January 25, 1886; suit not brought until 1898, and the complainant therefore in this aspect of the case would be barred by the statute of limitations of seven years...
We are therefore of the opinion that there was no error in the decree of the Chancellor dismissing the complainant's bill and the same is affirmed with cost.
All concur. R. M. Barton Jr., Judge &c
TESTIMONY: F. A. Cornwell for Complainant states Logan H. McCarver was my grandfather. My mother's name was Eugenia McCarver, my father Willis Cornwell. My mother was a daughter of Logan H. McCarver by his first wife Matilda McCarver. My mother Eugenia Cornwell and Sarah A. Moore were sisters. My mother died 25 or 26 years ago, maybe longer.
Question: Did L. H. McCarver offer to purchase your interest in land as an heir of your mother?
Answer: Don't think so...sent Wm Birdwell and Henderson Cornwell to ask about it. Birdwell said Grandpa was giving the others [heirs] $50 each for their interest. Was two or three years before L. H. McCarver's death.
Question: Did any heirs make deeds?
Answer: Reckon defendant J. L. McCarver and Logan Cornwell did the trading. I made deed to J. L. McCarver and Loula Smotherman, Deed Book D, page 524, from Francis Cornwell and wife and Howard Cornwell and wife and Harvey Jenkins December 15, 1886. Matilda McCarver mentioned in the deed was L. H. McCarver's first wife and my grandmother. Mary E. [Eugenia] Cornwell was my mother and a daughter of Matilda McCarver. Howard and I and Mrs. Jenkins are her children. The others are her daughter in law and sister in law.
TESTIMONY: Howard Cornwell states mother Mary E. Cornwell and grandmothr Matilda McCarver. Deed signed was to Hannah lands, or claimed to be. He said Cornwell children would only get about five acres; that Ann Stidham would get as much as all the Cornwell children - one full share.
DEED AS EXHIBIT: 15 December 1886 from Francis Cornwell and wife Martha; Howard Cornwell and wife Louisa; Harvey Jenkins and wife Icelina Jenkins to M. N. McCarver, J. L. McCarver and Lula McCarver... sum of $150, quit-claim deed to estate of Matilda McCarver and Mary E. Cornwell or either of them... land north side of Cumberland on Wartract bounded by Jacob Jenkins deceased on east; A. M. Furguson or north, Woodfork on east, Joel Richardson on south.
F. A. Cornwell [signed]; Martha [her X mark] Cornwell; Howard [his X mark] Cornwell; Luisa [her X mark] Cornwell; J. H. Jenkins [signed]; Isalina [her X mark] W. Jenkins
DEPOSITIONS: At residence of J. W. Carver on Wartrace Creek, 3rd Dist, in presence of Complainant and her solicitors W. D Gold, T. G. Smith & W. S. Kemp; Defendant J. L. McCarver and J. [?] S. Anderson, his solicitor, 21 Aug 1899.
WILLIS CORNWELL states acquainted with L. H. McCarver from about 1844 to his death. I married his daughter Mary E. about 1846. He lived on the point above cave. It was said to be the widow Hannah's dower, said to be called the 100 Acre Tract. Bounded north by Dr. Furguson's, east by land said to be willed to McCarver's wife, south by Mary N. McCarver and west by R. S. Richardson, 3rd Dist. Known as the old Samuel Hannah tract. The 125 acre tract in Complainant's bill bounded by Stephen Jenkins tract, north by John Jenkins, south by Graves land, west by another tract, don't know where the line is. During lifetime of Elizabeth McCarver wife of L. H. McCarver, L. H. controlled and worked both tracts from the time I married his daughter part of the time, and I had the balance of the time until I sold out to him again, and then he had control until his death. I knew mother of Complainant. I went to Georgia after them and brought them to L. H. McCarver's - don't know date. Complainant's mother wrote me a letter to meet in Nashville. I went to Nashville and waited a week for her, did not come and I went to Georgia - left on a Saturday evening and got back to mouth of Wartrace in next Monday morning two weeks, to L. H. McCarver's same day. Complainant was three or four months old.
I held land in controversy during lifetime of McCarver's first wife from about 1850 to 1869. McCarver's wife died 1863 - was mistaken when I said he held [possession of land] to her death. I was still in possession 1869; had a deed, do not know where it is, think it was registered. Court house burned 1872. Land was levied on as my land for debts, sold 1872 and bought by L. H. McCarver and held by him until deeded to defendants mentioned.
I lived in Smith Co. 1838, saw Samuel Hannah once as a small boy, was not acquainted with the land then. Never saw L. H. McCarver's will, never received anything under will.
[Signed] Willis Cornwell
W. HENDERSON CORNWELL age 45. L. H. McCarver was my grandfather on my mother's side. My mother was Mary Eugena Cornwell and my grandmother was Matilda McCarver, L. H. McCarver's wife. Mother died 25 or 30 years ago. L. H. McCarver paid me $50 for my interest in mother's or grandmother's - they said it was for property. Don't know when, but "not far from that dry year" 1880 or 1881.
[Signed] W. Henderson Cornwell
JEREMIAH RAY, knew L. H. McCarver all my life, nearly 40 years. Worked for him building two houses 1881. L. H. McCarver sent me to get signatures of his [deceased] wife's heirs to Hannah land to Henderson Cornwell, Logan I think, and to John Richardson and wife. I was working on Lu's [Lula McCarver Smotherman] house and Frank Cornwell went to town and got a copy of Hannah will or the will - McCarver heard about it and him and Francis got into kind of a ruckus. I went to work on Lula McCarver's house and Francis Cornwell would not let me come in I told McCarver, and he got out some writs against Francis - or warrants - and they made a compromise after that I went to work on John L. McCarver's house. Saw complainant when very small, again when she was 13 or 14, said her name was Annie Moore and she lived in Georgia.
[Signed] Jeremiah Ray
DEPOSITIONS September 14 & 15, 1899:
ANNIE STIDHAM, knew of grandfather's death 4 or 5 years after he died. My father wrote me from Lebanon, don't remember date or year. Father was in Lebanon, Tennessee attending to a lawsuit or assisting his nephew in a lawsuit. I was in Allatoona, Georgia [Bartow County] at which place my father died 15 November 1890, about 100 miles from Chattanooga. I left Texas two years ago. Wrote grandfather McCarver about 1879 and about 1880 or 1881. Grandfather visited 1871 is the first time I remember seeing him.
[Annie was asked to examine letter written by her to L. H. McCarver, later admitted as exhibit; letter mentioned Tommy Burk]:
Tommy Burk is a [cannot read] born cousin. Lived in Wilson Co, about 6 miles from Lebanon on [?]Spivey's Creek.
[Asked to examine Family Bible of Logan H. McCarver]:
Question: Look at record dated Apr 3, 1884 & every one above that dated Aug 2, 1876. Answer: Entries seem to be written different times, not all at one sitting...difference between entry of marriage of L. H. McCarver and that of my father T. C. Moore - wrote heavier. Other entries look about the same.
[Signed] Annie A. Stidham
J. L. McCARVER, will be 34 on 15 November next, occupation farming. Son of L. H. McCarver, who died 25 Jan 1886. Examined Bible, is father's handwriting except last two entries. Next to last entry records death of my father, written by me. Last entry written by my brother in law J. L. Smotherman, being the register of death of his child.
[Signed] J. L. McCarver
BILL OF COMPLAINT: Annie A. Stidham states she is entitled to 1/3 interest in land willed to Elizabeth M. McCarver 15 August 1838 by Elizabeth's father Samuel Hannah, adjoins Jacob Jenkins and Reuben Graves, being 125 acres more or less; also entitled to 1/12 interest of 100 acre tract where Samuel Hannah lived in 1838 devised to Elizabeth Hannah. Previous to 15 August 1838, Elizabeth Hannah married Logan H. McCarver. Born into marriage these children:
. Mary E. McCarver married Willis Cornwell.
. Agnes McCarver married Cyrus Corgan.
. Samuel H. McCarver died without issue and before death of his mother.
. Sarah A. McCarver married Thomas C. Moore. Said Sarah died about October 1860, leaving her the Complainant Annie A. Moore who married at age 18 to Dr. J. S. Stidham, lived as his wife until about June 30, 1897 when divorced.
Second mentioned tract, Samuel Hannah willed to Elizabeth Hannah. Surviving Elizabeth were only four heirs at law:
. Malinda S. Sweazea
. Samuel W. Hannah
. Elizabeth M. McCarver and
. [Blank] Hannah.
Upon death of Elizabeth M. McCarver, a one-fourth interest passed to her four children...names set out. Dated 20 February 1899.
NOTICE OF DEPOSITIONS: To be taken 17 July 1899 at Bryant's store house, 3rd District, Jackson Co, TN of Daniel Draper, John Holwell, Jerry Ray, M. H. Draper, John Jenkins, Sarah Flatt, Willis Cornwell, Add Dycus, W. H. Cornwell, F. A. Cornwell, Elbert Cook, Dick Sneed, John Sneed, Margarett Huffhines, Hough White and A. M. Ferguson.
MARY SNEED age 59, knew L. H. and wife Elizabeth McCarver in their lives. About 39 years ago I lived with them. I went to Illinois with them. Lived with them 12 months after they went to Illinois. The old lady and I came back just at the beginning of the war. The old man did not come back with us. Never came back to live with his wife up to her death...came back once and stayed a few days. I lived about a mile of her after we got back. She lived with a daughter till she got her houses. When we left Illinois he gave her a choice to take the land there in Illinois or the land in Tennessee - and he would take the other.
Question: Did L. H. McCarver tell Elizabeth Matilda McCarver he never intended to live with her another day?
Answer: Yes...and he would send her things. She lived in Tennessee and he lived in Illinois except when L. H. McCarver came here from Illinois for a few days to get his son Sam out of the army. His first wife lived and died where Mary McCarver lives now.
[Signed] Mary Ann Sneed
JOHN S. JENKINS states he was with L. H. McCarver and Uncle John Jenkins when he showed two or three corners when he sold out....called them corners of Hannah land. Witnessed sale of three Negroes to Tom Moore made by L. H. McCarver...had first given the Negroes to Moore's wife, and after she died Mr. McCarver had this girl at their house and wanted to raise her and I understood Moore objected to them keeping her, and then McCarver made him pay for the Negroes. McCarver seemed to be hurt because he would not allow them to raise Complainant.
Willis Cornwell brought Complainant and her mother from Georgia some time before McCarver left here in 1860 and before I left for Illinois in 1860. I drove a team for McCarver in the fall of 1860. I started with one of his wagons on the first day of September and he and his family passed us in Kentucky before we got to the Ohio River. Came back here in 1861, never went back there any more. Tom took her (Annie) off in 1860 and I never saw her until a few weeks ago.
[Signed] John S. Jenkins
ANNIE A. STIDHAM, Citizen of Davidson County, Tennessee vs
[blank] McNair and wife Jennie McNair of St. Louis, Missouri; Frances Cornwell; Howard Cornwell; Matilda Richardson; Henderson Cornwell; Lemuel Smotherman and wife Laula [sic]; Jno McCarver and wife [blank] McCarver.
Matilda McCarver, wife of Logan H. McCarver died about 1860. Left children:
. Agnis now dead, left one daughter Jennie McNair.
. Eugena now dead left Francis Cornwell, Howard Cornwell, Matilda Richardson, Lee [or Lu] Cornwell, Henderson Cornwell.
Said Matilda left Complainant Annie A. Stidham whose mother was Sarah Moore. Dated 29 January 1901.
[EXHIBITS IN FILE: Divorce Decree, Letter, Bill of Complaint, Marriage Certificate]:
FINAL DECREE OF DIVORCE : Annie Stidham vs J. S. Stidham, 1 July, 1897, Hunt County, Texas. Child Lizzie Stidham, J. S. Stidham to have care, custody, education and maintenance of child. Shared time/vacation, liberal visition.
Should defendant remarry, custody arrangement shall cease at option of plaintiff.
LETTER FROM ANNIE A. MOORE TO L. H. McCARVER: Feb 4th 1874
My Dear Grand Papa, I received your kind and affectionate letter...received pretties...wristlets and ring fit beautifully...when the letter and the box came, was at Grand pa Clarks I have been with grandmother Clark for the last two weeks.
ANNIE A. STIDHAM vs J. S. STIDHAM: Plaintiff and Defendant married in Cobb County, Georgia. On or about 1879 defendant commenced drinking after eight years of marriage. Lizzie Stidham will be ten years old 9 August next. Defendant has charge of daughter, refused to let her visit complainant. Defendant because of dissipation not fit to raise child. Personal property listed, plus house and 2 1/3 acres in town of Floyd, Texas used as residence and doctor's office. Plaintiff asks custody of child.
COPY OF MARRIAGE CERTIFICATE: Cobb County, Georgia, J. S. Stidham and Annie A. Moore, 22 April 1879 by A. G. Thomas, M. G.
DEPOSITION: Annie A. Stidham states born near Allatoona, Bartow County, Georgia 26 Feby 1860, now age 39. My mother before her marriage was Sarah McCarver. Logan H. McCarver was Sarah's father and Matilda Hannah was her mother's name before marriage. I married at Acworth, Cobb County, Georgia to Dr. J. S. Stidham, divorced Greenville, Texas. My father Thomas C. Moore died November 15, 1890 at Allatoona, Bartow County, Georgia. My father and mother resided in Georgia at their deaths. She came up on a visit and took sick and died here [Jackson County, Tennessee]. Father and mother married July 1852. She was 14 going on 15 when she married. I was carried from Jackson County at about one year old, was born and raised in Georgia.
DEPOSITION: Dr. William Hannah, Lebanon, Tennessee, June 13, 1899. Knew Samuel Hannah, who died 1838 or 1839; lived Jackson County, Tennessee at his death. Lived there some sixty or seventy years. Children who survived him:
 Melinda married Mr. Dycus.
 Julia married Larkin Sweazey.
 Elizabeth Matilda married Logan H. McCarver.
 Wilson Hannah, a son was identified in Samuel Hannah's will as Wilson W. Hannah, was Executor of his will.
Names of children who took his estate were Melinda Dycus, Julia Sweezey, Elizabeth M. McCarver, Wilson W. Hannah. Wm Hannah and John Hannah are grandchildren of Elizabeth Hannah, wife of Sam Hannah. Samuel Hannah deceased was my grandfather. My father was John M. Hannah. I never lived in Jackson County; lived about eight miles from grandfather 18[?]28-1831 inclusive.
Samuel Hannah was married twice. Wives were Melinda McMillan and Mrs. Elizabeth Cornwell, a widow when he married her.
First wife's children: John M. Hannah, Melinda Dycus, Julia Sweezey, Wilson W. Hannah, Joseph Hannah, E. M. McCarver.
No children by Elizabeth his second wife.
Have resided in Wilson County, Tennessee 66 years, Smith County about 4 years.
[Signed] Wm Hannah
DEPOSITION: D. H. Draper, age 77 last May, live Indian Creek, Jackson County all my life. Knew Samuel Hannah, Sr. Hannah land adjoins on north the J. A. Dycus land, used to join Peter Teel's land. East side joins what is known as Wilson Hannah land, now owned by Dr. Furgeson. Don't know who lived at the Hannah house place after his death. His widow died soon afterward, don't know if she died on the place or not. His first wife died before my father came to this country as I understand it. Sam Hannah, son of Samuel, got killed in the Civil War, single, no children.
[Signed] D. H. Draper
DEPOSITION: Sarah Flatt, age 67, will be 68 on September 3, 1899. Knew Matilda McCarver, first wife of L. H. McCarver. Their children were Eugenia married Willis Cornwell, Sarah married Tom Moore, Sam never married, Agniss who I think married in Illinois, don't know who. [No signature].
DEPOSITION: J. A. Dycus, age 72, know lands, knew old man Sammy Hannah...my land joins his right below the school house.
[Signed] J. A. Cycus
DEPOSITION: J. H. White, age 63, live Wartrace Creek [testimony regarding Hannah lines repeated]...last tract...old Hannah land where Willis Cornwell had a mill.
[Signed] J. H. White
DEPOSITION: Elbert Cooke age 42, lived at L. H. McCarver's as a hired hand. L. H. McCarver built a house, and I was born where his son J. L. lived about 18-19 years ago.
E. A. [his X mark] Cooke
STIDHAM, SAM S., Executor of Mary Collins, Deceased [Estate Settlement].
LAST WILL AND TESTAMENT OF MARY COLLINS:
Know all men by these presents that I, Mary Collins, of the County of Jackson and State of Tennessee, being of sound mind and disposing memory do make and publish this my last will and testament - hereby revoking any and all wills heretofore made.
First - I will and bequeath to my son Samuel H. Stidham the following discribed tract of land situated and bounded as follows, lying in Jackson County Tennessee in dist- no 11 on the Big Branch on the South Side of Cumberland River and bounded as follows, beginning on J. M. Upchurch's North West corner at a stake, thence north 100 poles to the river bluff, thence East 154 poles to a snag or tree, the North West Corner of the tract of Land once known as the Butler tract, now belonging to Geo T. Haile, thence South 62 poles to a stake on the same. Thence South 84 deg. West 40 poles with J. M. Upchurch's line, thence West 22 poles with said line to a hickory. Upchurchs corner thence South 69 deg. west with Upchurchs line 74 poles to the beginning containing Seventy acres - more or less - being the tract of land purchased by me while I was a widow from John Hargiss J. M. Burgess & others and deeded to me by them while my name was Mary Manning and dated Feby 12th 1876 Tract recorded in Registers office Book "A" Page 449 & 450. I further direct that my said son S. H. Stidham take charge of said land at once and cultivate the same as he may see best and proper and keep up fences etc and pay me one third of all the produce raised on said farm during my lifetime as he has heretofore done. I am to pay all the taxes on said land during my life time and my said son S. H. Stidham is to take care of me - get fire wood do my milling and such other things as may be necessary for my comfort & happiness.
I will and bequeath to my daughter Martha Shoemake wife of Mike Shoemake the sum of Twenty dollars.
I will and bequeath to my son William Stidham the sum of ten dollars. both the above and two last mentioned items to be paid by my said son Sam H. Stidham six months after my death and both of said sums are to be a charge against said land until paid, and after such items of $20.00 to Martha Shoemake and to William Stidham $10.00 are paid them said farm is to be Samuel H. Stidhams absolutely.
I also will and bequeath to my daughter aforesaid Martha Shoemake one bed stead & bed clothing the one belonging to my husband John Collins.
I also will and bequeath to my grand son Charley Farro Stidham one bed, bed stead and bed clothing for same. I further will and bequeath all the balance of my personal property including notes accounts to my said son Sam H. Stidham after all my just debts are paid.
I nominate and appoint my son Sam H. Stidham Executor of this my last will and testament.
This January 25 - 1901.
Mary [her X mark] Collins
Witness: W. M. Gailbreath, J. M. Upchurch
SETTLEMENT OF ESTATE INCLUDED APRIL 19 & 21, 1913, S. S. Stidham, Exr:
To Amount of Inventory, filed $ 817.80
Total Charges to date, April 21, 1913
Kelly Mercantile Co.- Burial outfit - Mary Collins 4/11/1911... $18.75
M. D. Haile & Son, acct dec'd owed at her death, 5/19/1911...... .40
Dona Gailbreath, mdse dec'd owed at her death, 4/14/1911......... .70
Martha Stidham, bed stead & bed clothing, 4/19/1911................ 15.00
Dr. H. B. Smith, medical service last illness, date 4/10/1911....... 4.25
W. F. Stidham, cash pd per will, date 5/22/1911.......................... 10.00
Mollie Daws, waiting on dec'd, 4/4/1911[caring for]................... .50
Faro Stidham, bed & bed clothing, 1/15/1912.............................. 15.00
Martha Stidham, cash per will, 5/24/1911.................................... 20.00
Cost of Probating will, Clerk McGlasson, 4/1/1911..................... 4.00
Sheriff J. L. Young, notice to Martha Stidham, time of set.......... .50
Amt allowed Clerk McGlasson for making this set...................... 2.25
Issuing notices, recording, continuance [Itemized on film].......... 5.20
Total Cr. to date................................................................................. $ 94.30
Amt due Execr................................................................................... $ 723.50
STONE, EMMA J., Admrx of Joel H. Stone & James A. Williams,
HAWES, D. W. & OTHERS and STONE vs STONE
DECREE: From depositions of J. M. Morgan and D. W. Hawes taken 5 Jan 1882, appears title to two small mules and roan mare mentioned in petition of J. W. Settle, filed 24 September 1877 was in J. W. Settle at the time they were attached and at the date of death of Joel H. Settle. March term 1882. [Signed] H. Williams, C & M
DEPOSITION: D. W. Hawes age 64, swears was member of firm Hawes & Stone, am party to suit. Partnership with Joel W. Stone & myself commenced Spring 1873, quit at his death first of July 1876. Assets of firm consisted notes & accounts and a few old goods, previously rendered on account to clerk, which is accurate except note on Willis S. Stone for $130 or $140, due me and not the firm. Amount on hand will not pay liabilities. Capital on hand at start of firm, D. W. Hawes paid in $750, J. H. Stone $1,050, total of $1800.00. J. H. Stone drew out cash to pay for horses and mules - when he and S. H. Cunningham went South together $1,062.50, partnership to share profits, have not received anything but a receipt on E. C. Adams in the State of Miss. S. H. Cunningham collected about $403.50, applied to debt Stone owed him. Think Cunningham & Stone traded South in the year 1873 or 1874. 1875 or 1876 J. H. Stone drew out of firm of Hawes & Stone $862.50 to buy horses and mules to take South, was to repay on his return home, which he failed to do. Departed this life soon after. I had no interest in this transaction, W. P. Stone was his partner.
J. H. Stone loaned W. P. Stone $165 cash out of the store, cannot be collected. W. P. Stone said to be insolvent and has left the State. Some oxen and colts attached by Admrx sold for $200 proved by Court to be property of Hawes & Stone, proceeds ordered divided equally between firm and Mrs. E. J. Stone, the widow of J. H. Stone, dec'd. J. H. Stone alwo drew $100 to pay L. Loftis for pork and sent the same to the Ellison family a short time before his death; $35.00 to R. C. Loftis for a saddle; $15.00 cash to pay C. H. Cooke for one of the young Ellisons.
[Signed] D. W. Hawes
PROSECUTION BOND: Emma J. Stone and James A. Williams, Admr Joel H. Stone, deceased vs Danniel W. Howse and wife Nancy P. Howse and Willis S. Stone, $500.00. Howse defendants to file accounts and papers of firm. Sat. 7 October 1876.
BILL OF COMPLAINT: Emma J. Stone & James A. Williams, citizens of Jackson Co vs D. W. & Nancy Hawes of Jackson Co and Willis S. Stone of Humphreys Co, TN.
2 July 1876 Joel H. Stone departed life intestate in Jackson Co, TN. Admrs appointed Aug term 1876. Hawes & Stone engaged in mercantile business. Also dealt largely in County & State claims. Among personal property believed in possession of D. H. Hawes: Stock including hogs, horses, oxen; saddle, cash, wagon, etc. Hawes & his wife and complainant's intestate lived together to the date of his death; they were closely related. Charges Willis S. Stone has fraudulently collected money from services of fine Stallion during past season...collaborated to keep assets from Complainant. 6 Oct 1876.
[Signed] John P. Murray & Son, M. G. Butler and Washburn & Morgan, Sol. for Compts
ANSWER of WILLIS S. STONE: Charges false, foul & slanderous. True respondent claims horse, bay Stallion called Slasher, for himself & partner William Flowers. That Complainant and Joel H. Stone had some claim to stallion is insult. Contract with Joel H. Stone for him to care for bay, service mares in Jackson Co. at $5.00 each, with Joel H. Stone to receive one-half, but cannot be determined until spring 1877 when mares foal. Joel H. Stone got sick, could not care for horse, he [sub] contracted his part to D. W. Hawes for one-half; Joel H. Stone will receive one-fourth, D. W. Hawes one-fourth and Willis Stone and William Flowers the remainder.
DEPOSITION: H. H. Cason, aged [written over; could be 27, 30 or 37]. Stayed a debt for Joel H. Stone at his request to Wade H. Graves for $970, judgment on N. B. Young's Docket. I was owing Joel H. Stone on note given to him by E. M. Cason, L. B. Cason, T. M. Cason & myself for $1307.07 August 2, 1872, credits on same of $700. He agreed if I would stay the Graves judgment, this note would stand good for same. 28 July 1877.
[Signed] H. H. Cason
DEPOSITION: D. W. Hawes age 69 asked me to get Hail Cason to come and see him and get him (Hall Cason) to stay a judgment.
[Signed] D. W. Hawes
RESIGNATION: James A. Williams as Administrator resigned [no date], Emma J. Stone sold Administratrix
ANSWER: Respondent D. W. Hawes states they were in mercantile business. Prior to death of Joel H. Stone, he began to speculate on stock, buying with the firm's money to take South and sell. Complainant ought to know that deceased had no money...when she desired to go on a visit to Kentucky a short time before the death of her husband, she came to Respondent and borrowed to pay her expenses instead of getting from husband.
True deceased and respondents lived together until his death; he was a son of Nancy P. Dawes and step-son of D. W. Dawes...they had his confidence and esteem.
Financial troubles did set up before death of deceased - he lost $2000 - $3000 due to bankruptcy of creditors. He with a brother of his purchased and took South a lot of stock in 1875. Hawes stated "...they have too much of the goods of the world & too great anxiety to reap the good of the next to confederate with anybody to cheat a dead son and step son".
[Signed] Gardenhire & McMillen, Sols also T. H. Butler & J. M. Morgan
DUE HAWES & STONE, AS OF SEPTEMBER TERM 1879:
G. H. Morgan $40, J. H. Stafford $75, Wm Poston $40, J. W. Stafford $12, J. S. Swan $30, R. W. Whitaker $40, John Whitaker $50, Jas & Joel G. Croft $56.25, P. McCarver $25, J. W. Smallwood $15, Irwin West $15, W. P. Stone $489.70, W. Richmond $9.55, B. F. Reed $32.82 1/2, William Ray (Overton Co) $6.07, A. L. Wheeler $4.46, J. H. Webb $9.79, G. M. Putty $241.60, J. P. Pippin $4, S. F. Murray $33.78, J. M. Morgan & B. B. Washburn $13, J. G. Howell $275, Seth Mabery $5.60, D. J. Murray $15.18, Jeff Roberts $37.54, D. J. Murray $15.18, Jeff Roberts $37.54, Asa Anderson $12.94, TG. L. Ivey $8, Jesse T. Hogg $4.68, W. E. Elkins $20, B. F. Furgerson $35, S. W. Flatt $15.65, Joseph Davenport $4.15, Nathan Cox $10, Garrett Apple $2.85, John W. Allen $29.06, George Kinnaird $2.25, Washington Chapman $4.75, W. W. McCue $122, Job M. Morgan $200, F. M. Price $75, Sam Chapman $65, M. A. Herod $34, G. C. Darwin $3.50, Jas W. Anderson $45, Asa Anderson $42.33, John S. Boroughs $6.45, B. A. Smith $147.59, John Smith $26.90, Elison Estate $105, W. A. & Jesse [Y. or Z.] Beck $55, Ben Furgerson $24.75, W. E. Smith $71.75, Joshua Chapman judgment $10, John Blakely $6.80, Jas Eaton & wife $21.45, A. J. Stafford $20, F. M. Anderson & wife $41, A. D. Ethridge [or A. Dethridge] $5, Wash Chapman $9, M. B. Young $2.75, A. B. Botts $138.26, W. E. Jones $18.46, John L. Putty $21, Mat Heady $12.50, Wm Ray $4, James Jackson $5.50, Wm Lawson judgment $11, A. H. Hoover $12.46, Mack Billingsly $3.55, J. T. Scantland $5.23, Alex Lee $8.70, Olympus Gaw $14.50, G. B. Murray $10.25, Mat Ballard $1.25, Lou Gore $11.30, T. [?]Y. Murfree $1.65, E. C. Stamps $48, Clovus Gaw $14.95, Thos Gentry $14.50, Ben Furgerson $24.75, J. B. Anderson $20, A. W. DeWitt $24.87 1/2, S. S. Dudney $3.25, Peter G. Cox $25, John Waddle $10, William Chaffin $4.50, F. M. Price $30, Alex Keith $7.10, Jack Eaton $1.50, Z. Vanhooser $40, Alf Cornwell $75, County warrants & witness claims about $85.00.
Total $3279.22, Total of Debts amounted to about $3500.00.
DEPOSITION: W. S. Stone, lawful age, states never sold roan Stallion to Joel H. Stone. Taken at residence of W. S. Stone in Flatwoods, Wayne Co., TN 29 Decr 1876.
[Signed] Willis S. Stone
DEPOSITION: William Flowers, will be age 58 on 10 Jan 1877, occupation farmer, reside Perry Co., TN about 6 miles from Flatwoods in Wayne Co. Horse belonged to myself and W. S. Stone. He purchased from J. M. Webb of Perry Co. 1873. In Oct 1876, sold to Cooke Settle & Co. at Nashville, TN. Dated 29 Decr 1876.
[Signed] William Flowers
DEPOSITION: Daniel W. Hawes age about 65. J. H. Stone was my step son. I married his mother when he was quite small and raised him to manhood. He lived with me from the time I married his mother until day of his death. Partnership commenced when W. P. Stone started to Texas. J. H. Stone bought out W. P. J. H. Stone was to assume any liability W. P. Stone my former partner had, if there were profits share and share alike. About the time of becoming partners, we taken in Wilis S. Stone and he remained a partner equally about 12 or 14 months and he retired.
At his death J. H. Stone was sole owner of tract known as the W. A. Hall tract where William Cassetty lived in 1878, & he owns at the death of his mother 1/3 interest in tract where I now live according to will of Sam A. Stone and 1/6 interest in the old Stone house and lot west of the Court House and 1/3 of a lot south of the Store House known as the Joel Stone Stable lot and [?]our 1/2 of a lot known as the W. B. Harris & wife lot east of G. H. Morgan's and adjoins the lot where D. W. Hawes and wife now reside, and 1/6 interest in a tract of Land up Doe Creek adjoins P. G. Cox, Poston, Quarles & others.
W. S. Stone owns 1/3 interest in the House tract and lots where I now live and Stable lot, 1/6 of Stone house and lot. W. P. Stone owns equally in all except W. B. Harris & wife lot which was sold to satisfy a debt. Dated 11 January, 1879, adjourned to 15 January.
DEPOSITION: Nancy P. Hawes sworn, states according to the will of Joel H. Stone's father Sam E. Stone, Joel was to have at my death one child's part, being a 1/3 interest since his sister Mary Stone's death, who died since Samuel E. Stone [description of lands Joel H. Stone to inherit set out again]. Joel H. Stone had no other personal property except one-half interest in a good watch and chain in the hands of Emma J. Stone his widow, I sent her after the death of Joel H. Stone.
[Signed] Nancy P. Hawes
DEPOSITION: J. A. Williams age 41, states no assets of J. H. Stone, will be necessary to sell real estate to pay debts. [Signed] J. A. Williams
RE-EXAMINE: Emma J. Stone, states she handed watch and chain over to Mrs. Hawes before starting to Burkesville, Ky on a visit prior to Joel Stone's death. 3 Mar 1879.
DOWER IN LAND ASSIGNED: Emma J. Stone to receive 28 1/2 acres on east fork of Doe Creek [map on film]. 9 March 1878.
EXPENSES, JOEL H. STONE, Dr [Debtor], from M. L. Gore & Co., 1876
Feb 29 Nitric acid $ .10
Apr 19 Med pres filled 1.75
July 1 & 2 One cloth coat 25.00
" Pr pants 10.00
" White vest 3.50
" Shirt 1.50
" Pr half Hose .35
" Gloves .40
" 4 Coffin Handles 1.75
" 3 doz coffin tacks .45
" 1 doz coffin tacks .15
" 2 Papers Tacks .20
" 10 Sheets of Wading 1.00 [?wadding]
" 6 Yd Flanel 4.50
" 5 1/2 Yd Velvet 4.12
" 5 1/2 Yd silk Fringe 2.75
" 1 1/4 Yd Flanel .81
" 3/4 lb nails .05
" 1 bunch coffin lace 1.50
" 1/2 doz screws .07
[My Total - theirs smeared] $59.95
Interest to 16 Nov 1880 Unpaid .60
[My Total] $60.55
16 Nov 1880 unpaid sum $59.51 + interest $15.62 = $75.13
REPORT OF SALE: Wm A. Hall tract of land, 1st District near mouth of Beck branch of Doe Creek bounded by J. Z. Beck, where Nancy P. Dawes now lives, lands of John P. Murray and lands of John S. Quarles, subject to dower of widow of J. H. Stone, Deceased. J. M. Morgan became purchaser.
ORDER: J. H. Stone, infant son of Joel H. Stone deceased, Geo H. Morgan is the guardian of said infant J. H. Stone. E. J. Stone is the widow & Admr and Joel H. Stone is the only child and heir at law of Joel H. Stone, deceased. 3 Sept 1878.
JUDGMENT DECREE: Suit in favor of Samuel H. Cunningham against W. P. Stone and Joel H. Stone, condemnation of lands to pay debt...minor child Joel H. Stone. 2nd Monday September 1878.
STONE, JAMES etal
BILL OF COMPLAINT of James S. Stone in his own right and as Administrator of William Stone of Jackson County, deceased and Landon W. Oglesby of the State of Texas against John Mulkey of Jackson County, Tennessee, Nancy Stone of Overton Co, TN, Thomas T. Halsell of the State of Kentucky and James A. Stone of the State of Missouri and Matthew Davis of Overton Co. In 1866 [?] Micahjah Stone as Guardian of William Stone deceased brought suit against defendant James A. Stone in the Circuit Court of Jackson County over a note, namely... "one day after date I promise to pay William Stone Senior $1215.00 note and interest on Stone & Oglesby. Dated August 7th, 1863. [Signed] James A. Stone [Witness Signed] W. M. Savage"
An attachment against said defendants by said guardian was issued 15 Feb 1866 against said defendants...levied on following land as property of defendants...north side of Cumberland River [metes & bounds description using trees] to west bounday line of Robert Johnson...thence north to a stake in the Kentucky line...to the River, down the river with its meander...250 acres more or less being part of 640 acre tract patented to Robert Johnson. James A. Stone appeared as witness in his defense, were continuances ...cause ruled in favor of the Plaintiffs on 18 Nov 1868 for $1599.75 and costs. After the continuance of the suit the ward William Stone died intestate. Complainant James S. Stone appointed Admr by County Court of Overton County, of which county said intestate was a citizen at time of his death. Cause was revived in name of James S. Stone, said Administrator in Circuit Court, land was attached and sold to satisfy judgment by Sheriff of Jackson County, Tennessee 4 January 1869. James S. Stone became the purchaser. At commencement of suit and continuance and ever since, James A. Stone was a non-resident of this state. James A. Stone was seized and possessed of said land at levy aforesaid...conveyed to him by deed 27 Oct 1865 [sic] by one Jesse Savage, Registered Book L, pages 695 and 696. 5 March 1856 [sic] defendant James A. Stone...pretended to convey said land by deed to defendants Nancy Stone and Thomas T. Halsell....is fraudulent, made to hinder creditors of James A. Stone. James A. Stone was then wholly insolvent. He was the nephew of defendant Nancy Stone by [?] affinity. James A. Stone on 11 Feb 1867 filed in Jackson Co, TN against said Micajah Stone and your orator as the Guardians of William Stone and against said ward. Defendants answered, cause now pending. An injunction was issued by Judge W. W. Goodpasture, bond $2500 by defendants Nancy Stone and M. W. Davis, the agent and relative of said Nancy as sureties of said James A. Stone.
Orator charges James A. Stone was acting as the instrument of Nancy Stone and
Thomas T. Halsell to carry out fraud.
Further Landon M. Oglesby as the surviving partner of the firm Stone & Oglesby recovered judgment 7 March 1867 in Jackson Co, TN Circuit Court of $1351.3? plus costs, Sheriff levied...being no personal property, land north side of Cumberland River bounded by James S. Stone and the Kentucky line was levied as property of defendants James A. Stone, ordered sold. Sheriff's sale 4 January 1869, "no sale for want of bidders". James S. Stone is Admr of Bennett Stone deceased. Said Bennett Stone was the partner of defendant Landon W. Oglesby in whose name said judgment was rendered as surviving partner on 9th Jany 1869.
11 Feb 1869, James S. Stone entered execution of ejectment against defendant John Mulkey. Mulkey is insolvent, went into possession of said land as the [?]tenant of defendants Nancy Stone and Thomas T. Halsell. Orator believes this to be fraudulent confederation...effort to hinder right of Complainant James S. Stone to land.
Nancy Stone and Thomas Halsell at time of their purchase...aware of the rights of William Stone. Said fraudulent deed from defendant James A. Stone to defendants Nancy Stone and Thomas T. Halsell is a cloud on Complainant's title.
[Signed] Botts, A. W. DeWitt & James W. McHenry, Sols for Complainant
[Signed] James S. Stone, 20 Novr 1869
INDENTURE: 29 May 1856 between Hugh Kirkpatrick of Monroe Co, Kentucky and Bennett Stone. Kirkpatrick and Stone are joint owners of town lots in Celina, Jackson Co, TN, deeded to them by Isaac Davis. One where Stone now resides and also that portion in said town lot deeded by Amonet & Bransford called warehouse lot. I, Hugh Kirkpatrick for sum of $150.00 convey my interest in above described to Bennett Stone, to have and hold...
[Signed] Hugh Kirkpatrick Wits: P. H. Leslie, Z. Vanhooser
DEED: To James Ausborne Stone, sum of $3500, land on Cumberland River [same legal mentioned in Bill of Complaint] 250 acres more or less being part of 640 acres patented to Robert Johnson 27 October 1865.
[Signed] Jesse Savage Registered Book L pages 695 and 696
ANSWER: Defendants John Mulkey, Nancy Stone, Thomas P. Halsell & Matthew Davis, say case being tried in wrong court; matter of law, not chancery.
[Signed] Murray & Gardenhire, Sol. for Deft.
STONE, JAMES S.
OVERSTREET, WM P., etal
DECREE: J. S. and Micajah Stone, Administrators of Bennett Stone, deceased. Overstreet Holman and Wm P. Overstreet were enjoined from collecting judgment decree in case of A. B. Holman & W. P. Overstreet against Henry Sadler and wife Martha Sadler or Thos H. Butler, Admr of Henry Sadler. Said decree was rendered in favor of A. B. Holman and Wm P. Overstreet for the hire of negro slaves.
ANSWER: William P. Overstreet to Bill of Complaint by James S. and Micajah Stone, administrators of Bennett Stone, states has no interest in this case. Before date of decree dated 4 March 1861, sold to John Barkesdale of the County of Overton, Tennessee, all his interest in hire of negro slaves.
BILL OF COMPLAINT: James S. Stone and Micajah Stone of Jackson County, Tennessee against Overstreet Holman and W. P. Overstreet of Overton County and Thos H. Butler of Jackson County, Tennessee. Benett Stone died in Jackson County 1868. As Administrators, they held a note against Overstreet Holman and W. P. Overstreet dated 18 January 1868, payable to L. W. Oglesby, surviving partner of Bennett Stone for $469.37...contract for hire of slaves that were once property of John Overstreet, the father of A. B. Holman's wife [given name not mentioned]. John Overstreet and his wife are both death. Overstreet Holman is their only child. His mother died before a decree was rendered, and O. Holman is entitled to mother's part.
STONE, MARY J. etal
STONE, BARTON, etal
RESIGNATION OF GUARDIANSHIP: Sarah Griffith, Guardian of M. F. Stone, W. J. Stone and Bedford Stone states she paid to M. F. Stone, the oldest, all that is due her. She is married, Bedford S. Stone is 18 and W. J. Stone is 16. Each are sprightly and will be able to do for themselves without a guardian. 25 August 1881
[Signed] Sarah Griffith
BILL OF COMPLAINT: Mary Josephine Stone against Barton W. Stone, Mariah Frances Stone, Bedford S[?]tokes Stone and William J. Stone, last three minors, all of Jackson County, Tennessee against
Edward C. Gaines, Delia Gains, George Gaines, Nelson Gaines and Hugh Gains of Jackson County, Tennessee and [smear - can't read] Lovelady and wife Pheraby Lovelady, Anne Stone, citizens of Macon County, Tennessee; Barton W. Stone, Marion Stone and George R. Stone of Kentucky.
Orator Mary Josephine Stone is widow of William J. Stone who died intestate in Jackson County, Tennessee. Was not indebted, no administrator appointed. Owned land bounded by Jones G. Cunningham, Mary J. Stone & Asa Lovelady on the main branch of Jennings Creek in Jackson Co. William J. Stone in his lifetime purchased of Barton W. Stone his interest in the lands of Francis A. Stone, deceased. Land will deteriorate if rented, not suitable to partition, petitions to sell and divide proceeds.
[Signed] John P. Murray, Solicitor for Complainant
ANSWER: Delia Gaines, George Gaines and Hugh Gaines by their guardian ad litem Geo H. Morgan, requests proof that selling land best for minors. 10 August 1867
DEPOSITION: Edward Gaines states he was appointed administrator of William J. Stone who died intestate, no personal property, necessary to sell land. 8 August 1867.
[Signed] Edward Gaines
DEPOSITION: Allen W. DeWitt, age 47, states land should be sold.
[Signed] Allen W. DeWitt
DEPOSITION: Barton W. Stone states he was owner of one undivided seventh part of a tract of land on Jennings Creek, and did sell his interest to his brother Wm J. Stone for $150.00 on 5 October 1860, gave bond for title subject to payment of $83.85 still owed. Has no objection to sale. Said tract of land was passed from F. A. Stone to his children, of whom respondent was one, descends subject to the dower rights of his [F. A. Stone's] wife Temperance Stone. She is yet alive and has a tenant upon the land. August 8, 1867.
[Signed] B. W. Stone Leslie & Botts for Defendant
DEPOSITION: Henry Sweazea, age about 42. Know lands of Asbury Stone, live within two miles. Interest of W. J. Stone in land is worth about $100. 8 April 1868.
[Signed] H. Swezea
COPY OF DEED: I, B. W. Stone, County of Monroe, State of Kentucky sell my interest in land [gives price/terms] to Wm J. Stone one undivided interest our father F. A. Stone died siezed and possessed of...subject to my Mother's dower (What is known as the south fork tract is not included in this sale). Dated 5 October 1860.
[Signed] B. W. Stone Witnesses: J. P. Howard, James M. Welch
STONE, SAM E.
ALCORN, ROBERT, etal
COPY OF LAND GRANTS:
#3077, 2 March 1827, State of Tennessee to Robert Alcorn 250 acres land Buffalo Valley waters of Indian Creek. Begin beech near Hugh Wallis' fence on his east boundary line...south side of Buffalo Valley road including and excluding said Alcorn's original Tract of 50 acres. [Signed] William Carroll, Governor
#2114, 15 August 1825, [being Alcorn's original tract of 50 acres]...including house and improvements where Alcorn now lives.
#4895, 26 December 1836, 75 acres including spring.
#7416, 10 May 1831, 100 acres where John Hill lives.
DECREE: Sam E. Stone and LeRoy B. Settle vs Robert Alcorn and Felix N. Patterson. Land described in Grants 4895, 3077, 7716, 2114 and all land described in Exhibit A to be vested out of defendants and vested in complainants. 20 March 1852.
BILL OF COMPLAINT: LeRoy B. Settle and Samuel E. Stone against Robert Allcorn and Felix N. Patterson. On 15th [can't read month] 1841, Settle & Stone received judgments of $647.73, land sold by Sheriff of Jackson County, Tennessee, purchased by Settle and Stone. Sheriff failed to return the execution and left the county for another state, failed to make your orators a title. Defendant Alcorn continued to live on land, sold a part to defendant Patterson, took notes conditioned on good title.
STONE, SAM E. & CO.
BURKE, HENRY F. & others
BILL OF COMPLAINT: Sam E. Stone of Jackson County, Tennessee, LeRoy B. Settle of Wilson County, Tennessee. Henry F. Burke is indebted to them as Sam E. Stone & Co., several notes: $100 due 19 July 1836 with a credit endorsed thereon of a cash note on Zachariah Canter for $100 due 1 June 1839. Note dated 1 Jan 1837; note dated 1 Jan 1838. Henry F. Burke is not inhabitant of this state, has no personal property.
Sally Bland departed this life leaving the following children her heirs:
Elizabeth Bland who intermarried with Henry F. Burke.
Mary Bland married William D. Maynard.
Mahala Bland married Alfred Kirkpatrick.
Matthew M. Bland.
Sally at her death owned 3 or 4 negroes, upwards $300 cash and debts due her and other property. September term 1840 Matthew M. Bland was appointed Administrator. Sally owed little; after payment of her just debts, will be a surplus to be distributed to Henry F. Burke and wife Elizabeth of the State of Missouri. Dated 5 November 1840.
COPY OF NOTES AS EXHIBITS:
Note dated 21 July 1837 signed by Henry F. Burke.
Note dated 14 Dec 1837 signed by Henry F. Burke, Mathew M. Bland, Mathew M. [his X mark] Anderson.
Note dated 13 Dec 1837 signed by Henry F. Burke, Matthew W. Bland, Sally Bland, Mathew [his X mark] Anderson.
ANSWER: of Matthew M. Bland to Bill of Complaint [ink bled through, difficult to read]. Sally at her death owned three negroes, sold in 1840 by Court decree for $1306 on credit of 12 months. Debts about $426. One of debtors to estate is a resident of the Government of Texas...cannot say at this time if there will be a surplus.
DECREE: Sam E. Stone and LeRoy B. Settle vs Henry F. Burke and others. Henry F. Burke is indebted to Complainant for sum of $91.99 1/2. Henry F. Burke is one of the distributees of John Burk, deceased, in the hands of Richard P. Brooks and William C. Burk as Administrators of John Burk. Stone & Settle to receive payment.
DEPOSITION: Nelson Sadler age about 33. Martin M. Bland was security for one note Henry F. Burke signed for $65.53 with Saley Bland and Mathew M. Anderson for rent of land. Henry F. Burke rented land from me. My understanding that Burke Bland and Saley Bland was Eqily [sic] in ter nes tee [?interested] in the note the reason I traded Burke that was acquainted with him better than iwas with the others and they all lived together in won [sic]house. Understand Martin Bland and Henry Burke moved to same county in Missouri. Understood Burke took two Negroes with him. Had them when he left my house about 1st Jany 1838 but don't know if he had them when he left the county some time in spring of the same year but never heard of him selling them.
[Signed] Nelson Sadler 30 April 1842
STOUT, MARGARETT & others
BILL OF COMPLAINT: Margarett Stout, Aletha Lock and her husband Joseph Lock; Sallie Pippin and her husband John Pippin; Joseph Keith; James Keith; Tobias Keith; Margaret [I. or J.] Gipson; Matt Keith; Elizabeth Payne and husband John J. Payne; all of Jackson County, Tennessee against
Elizabeth Richardson and husband James Richardson, Alsey Keith, a minor heir of Wm Keith deceased; Wm Allen; James Keith Jr; and Susan Keith, minors, all of Jackson County, Tennessee and Sarah L. Emery, Harriet Emery and her husband Albert L. Emery, children of Winnie Youngblood deceased by her first marriage with Jackson Emery, deceased, who afterwards married [blank] Youngblood but left no children by the last marriage. Said Emerys are non-residents and supposed to live in the State of Kentucky.
Several years ago John Keith departed intestate in Jackson County, Tennessee. Land in Dist. 11 about 75 acres bounded north by land of Margaret Stout, east by Joseph [Josiah in another document] Brown lately owned by Woodson Ellis, west by James M. Richmond, south by said Richmond and Elijah Price. Said John Keith left complainants and defendants as only heirs, except James Richardson and Eliza Richardson and the husbands of married women.
Complainants Joseph Keith, Margaret Stout, Aletha Lock, James Keith Jr. and Susan Keith are the only living children of said decedents and are each entitled to one full share.
Complainants James Keith, Tobias Keith, Alsa Keith are the only living children and heirs of Wm Keith deceased who was a son of John Keith. Defendant William Allen is a minor and grandson of Wm Keith deceased - and these parties representing Wm Keith are jointly entitled to one full share.
Complainants Matt Keith, Sallie Pippin and Elizabeth Payne are the only heirs of Harrison Keith, deceased [son of John Keith] and are jointly entitled one full share.
Defendants Sarah L. Emery, Harriett Emery and Albert L. Emery are the only heirs of Winnie Youngblood, a daughter of John Keith deceased and are jointly entitled to one full share.
In all eight full shares.
James Keith Jr. and Susan Keith are children of John Keith by a second marriage. Their mother departed life about four years ago, and since the death of their father. Land therefore not encumbered by widow's homestead and dower, but said minor children are entitled to homestead until they arrive at full age. Susan the younger will be age ten on 2 August next. James Jr. was twelve on 3 January last. Land not susceptible to partition, ask it be sold and proceeds distributed.
Minor children are living with relatives, receive no benefit from land. William Keith a son of John Keith some years ago was divorced from his first wife and afterward intermarried with defendant Eliza Richardson who was and is a Lewd base woman. The said minor Alsey Keith is the issue of said last marriage. That after the death of the late widow of John Keith died, said William Keith moved on and took forcible possession of said land and held it forcibly until his death March 1883 - after which defendant Eliza has since intermarried with defendant James Richardson and continue to unlawfully and forcibly withhold possession...refuse to pay rent. Said minor children of John Keith have been cheated...Eliza threatened to burn up and kill and destroy property. Had visitors continuously night and day [alleged bawdy house], riotous, shooting, hideous yells, public nuisance, killed three hogs belonging to complainant. Live within 300 yards of the place...troublesome base woman and her sorry husband.
All minor defendants, namely James Keith Jr. and Susan Keith, Alsey Keith and William Allen are with general guardians. John Keith was little in debt, no Administrator, land held by heirs as tenants in common since his widow's death. 5 May 1884.
[[Signed] Cox & Haile, Sol. for Complainant Margaret [her X mark] Stout
ANSWER: Allice Keith, James Keith Jr., Susan Keith and William Allen, minor heirs of John Keith, deceased by W. W. Draper, Guardian ad litem. States selling property in best interest of minor heirs.
Married 17 January 1867, seven children, 5 boys, 2 girls: Sidney Lee, Milton Robert, Nettie Mercilla, Adolphus [?] Tenn, Albert Hyden, Jones Campbell and Minnie Eller.
Defendants own sow & pigs & one boar hog, household and kitchen furniture, bed and bed clothing, wearing apparel. Owns 2/5 of crop with Campbell Smith on the shares, cabbage patch and turnip patch, all on land of said Smith, Martin's Creek, Jackson Co, adjoins land of T. J. Lee. Asks divorce, alimony, custody and care of children, requests personal property be attached.
[Signed] Margaret B [or E] Stout, Joshua Haile, Sol. 17 Sept 1882
STOUT, W. L., Administrator of George Stout, deceased
JIM STOUT, etal
ESTATE INVENTORY: 1 June 1914, Note on J. F. Stout, F. K. Stout & J. A. Stout dated 30 May 1914 for 3 hogs, $23.91.
POWER OF ATTORNEY: John T. Stout and wife M. V. appoint John J. Gore power of attorney to see to all money that may be due her...being share or interest which was transferred to her by John T. Stout and decreed to her in this case. 9 March 1917.
[Signed] John T. Stout, M. V. Stout
AFFIDAVIT: I, Dora Lambert Chaffin of Boaz, Marshall Co., AL, a daughter of Clarkie Lambert and grand daughter of Geo Stout, dec., appoint James F. Stout of Jackson County, TN...real estate of said grandfather sold for distribution. 9 Feb 1921.
[Signed] Dora Chaffin
DEED: I, James F. Stout, sell interest to J. B. Stout in G. W. Stout's farm, Jackson Co, TN for $200...bounded east by Cannon & Upchurch, S by G. S. Stout and Sesee [sic] Brown land, west by Matt Clark & W. P. Page, north by Carter & A. M. Brown, 130 acres, on this the [smear] 18, 1915 [Has deed tax stamp, so registered in Jackson Co].
[Signed] James F. Stout
AMENDED COMPLAINT: At time of his death, G. W. Stout indebted to F. A. Kelly $342...trust deed. James Stout Sr. is owner by purchase of James Stout Jr. H. B. Brown is owner by purchase of Harve Stout.
ANSWER: Edgar Lambert and Dora Lambert by guardian ad litem P. J. Anderson to bill filed by W. L. Stout 8 Dec 1914. They are children of Clarke Lambert and together with their brother Ernest are entitled to distribute share of their mother. Geo. Stout was their grand father. His widow Margaret survived him. Respondents are minors residing in State of Georgia without a general guardian, rely on guardian ad litem. 2 Feb 1915
[Signed] P. J. Anderson, Guardian ad litem
BELOW SIGNATURE, AT BOTTOM OF DOCUMENT:
1. W. L. Stout
2. Jim Stout
3. Garret Stout
4. Fred Stout
5. Ferd Stout
6. Amanda Fuqua
7. Laura Pharris
8. Jno P. Stout sold to his wife M. V. Stout [NOTE: 2 docs listed "M. J. Stout" - mlj]
9. Clarkie Lambert, deceased, her ch: Ernest, Edgar, Dora
10. Harve Stout - sold to James Brewington
11. Sam Stout - sold to James Brewington
BILL OF COMPLAINT: W. L. Stout vs Jim Stout, Garrett Stout, Fred Stout, Ferd Stout, Amanda Fuqua and husband Monroe, Laura Pharris and husband Sebe Pharris, John T. Stout and wife M. V. Stout all of Putnam Co, TN; Earnest Lambert, Edgar Lambert and Dora Lambert of Georgia, being minors; Harve Stout and Sam Stout of Jackson Co, TN.
Geo Stout died intestate 10 Apr 1914 [Deposition by son & executor W. L. Stout states 10 May 1914]. Clarkie Lambert died before her father. Complainant is Administrator. Personal property $200, debts $500-$600. Land 7th District, 160 acres bounded north by Marsh Brown and Jack Carter; east by Carter Upchurch & probably others; south by Jim Brown's heirs; west by Matt Clark and Dr. Page. Dower and homestead assigned to widow Marguerite, petitions balance be sold to pay debts, remainder distributed to heirs.
DEPOSITION: W. L. Stout, sworn, states he is a son of G. W. Stout. Margaret was his second wife, no children as result of their marriage. Stepmother Margaret about age 47, in good health. Value of land $4000-$5000 sold on credit.
[Signed] W. L. Stout
DEPOSITION: James Brewington age 53, live Martin's Creek, Putnam Co., about 4 miles from land. Worth about $2500-$3000.
[Signed] James Brewington
DEPOSITION: J. H. Davidson age 48, occupation farmer, live 7th District Jackson Co., known lands 15 years, live about 3 miles from land, worth about $3000-$4000.
[Signed] J. H. Davidson
DEPOSITION: L. R Carter age 30, farm, 7th District, land worth $2500-$3000.
[Signed] L. R. Carter
DEPOSITION: W. L. Stout states Geo Stout died about 10 May 1914, left no will.
POWER OF ATTORNEY: Laury Pharris appoints Sebron Pharris. 20 Feb 1917.
[Signed] Laura Pharris
DEED: S. L. Stout and wife M. A. Stout convey interest in George Stout land for $300; $104 cash paid and balance due 1 Jan 1916. Oct 17, 1914
[Signed] S. L. Stout, Maggie Stout
NOTE/AGREEMENT: To H. B. Brown from H. D. Stout and wife Larra, for sum of $200, agreement to sell their share. 5 Feb 1915.
[Signed] H. D. Stout and wife [Signed] Laura Stout
DEED: J. T. Stout to M. V. [could be M. J.] Stout "and my body heirs], interest in land of George Stout. [Deed registration stamp placed over signature except "ut"].
TRUST DEED: George W. Stout and wife M. T. Stout for $342 due 1 Jan 1912, 100 acres more/less, 7th District, Dry Fork Martin's Creek, Jackson Co, TN bounded north by W. B. Page and W. M. Brown and P. Y. Carter; east by Mart Cannon; south by J. B. Stout & Jim Brown & Jos Burgess; west by J. M. Clark. 6 May 1910.
[Signed] G. W. Stout, M. T. Stout
PURCHASERS AT ESTATE: J. F. Stout, W. M. Fuquay, H. D. Stout, Charly Goodwin, Fred Stout, W. L. Stout, Sam Stout, Mrs. E. L. Carter.
ASSETS AS NOTES HELD: W. M. Fuquay $95.35; W. L. Stout $8.05; E. L. Carter $5; H. D. Stout $11; Fred Stout $2; Geo L. Stout $15.
LAND SALE: 17 July 1915, James Burgess purchased at $1,025; on 6 Sept 1915, W. M. Fuqua appeared at Clerk's office, asked to have bids opened...his having paid 10%, his advance bid of $1127.50...I directed bids remain open until Sept 18, 1915. Said lands sold to W. M. Fuqua for $2025 including homestead and dower.
POWER OF ATTORNEY: Mrs. Katie Ellis of Gilmer Co., GA appoint Willie Hampton of Gainesboro...funds due me...distributive share of Edgar C. Lambert now deceased.
[Signed] Mrs. Katie Ellis
PETITION TO COURT: Mrs. Katie Ellis of Gilmer Co., GA, states Mrs. Clarkie Lambert is deceased. Petitioner was her daughter in law, having been legally married to her son Edgar C. Lambert who died in 1920, leaving petitioner and three children. Children have all died, leaving petitioner sold heir of Edgar...some $41.00 being held as pro rata share subject to court order. 7 June 1935.
[Signed] Mrs. Katie Ellis
AFFIDAVIT: James F. Stout states "I am an uncle of Dora Lambert"... Dora, a minor at the time of the suit, was a daughter of Clarkie Lambert. Dora married [blank] Chaffin, son of Jace Chaffin after suit was brought. Said Dora Lambert Chaffin is now in 22nd year, having been born along about the first of the year 1899. 3 Feb 1921.
[Signed] James F. Stout
STRATTON, LUCINDA F.
Married October 1879, two children Elias H. age 4, Henry H. 8 months. Charges cruelty. Personal property 100 bushels of corn on farm of Peyton Anderson, household goods.
TESTIFYING FOR DEFENDANT: At home of Peyton Anderson 5 Sept 1884 were Mary Anderson age 40, Widow Nancy Ballard age about 60, Angeline Ballard age about 26, Angeline Ransom age about 25. All said he appeared to be a nice guy, kind to his wife when they were around them.
TESTIFYING FOR PLAINTIFF:
Frances Sliger age 23, sister of Lucinda Fatima Stratton. [Signed] Frances Sliger
Eliza Davis age 25 states he had a horse that Fatima's father had given her. My husband John Davis told him he had fodder for the horse if he would come pull it. He didn't, let it eat sage grass. [Signed] E. J. Davis
Emma Maberry age 31, lived in sight of our house last year. Mrs. Stratton washed and spun for me for provisions to eat. I was there last spring and Fatima was cutting Irish potatoes to plant and he came in and told her to quit and when she didn't he kicked the bucket over and "called her stingy Poly Ann then alluding to her mother tight as the bark on a Beech tree". No relation to either party. Emma [her X mark] Maberry
STRATTON, MARY ANN
BILL OF COMPLAINT: Intermarried with Hartwell Stratton December 1850 in Jackson Co, TN. Believes she can prove his adultery, he has falsely accused her of same, and is intoxicated a great deal. Three daughters, Mary Jane, Pamelia M. and Francis Maria, all born in wedlock, last age 6 next December.
Negro Harriet now in their possession, complainant inherited from her father [name not given]. Alexander E. Hogin owes her by note $335; James A. Sadler owes two notes $335 each; Francis M. Goolsby & Liz Goolsby about $35; and one Noris owes her about $10. Also Leonidas A. McCarver owes $1000 for a negro woman settled on her by Chancery Court from estate of her father. The other notes are for property that belonged to her. Complainant held a note on William Jones for $4000 payable to her which was assigned to one Wm Young of Smith County, TN. Hartwell Stratton appropriated $245 for his own use. Dated 15 January 1859.
[Signed] Mary A. Stratton, Quarles, Solicitor
DEPOSITION: Pinckney McCarver age 52, states he personally never heard ought against her [Mary Ann Stratton]. Rumor raised by Stratton about L. A. McCarver and her, my son denied anything to do with her other than talking. I told my son never go about that place again. Frequently seen her working in the garden while he was out drinking. Seen her going to mill hauling wood when I thought he ought to have done it.
[Signed] P. McCarver
DEPOSITION: Clarissa Jane Jones about 27 states Mary Stratton generally provided for herself. Mr. Stratton did not. Dated 8 July 1859.
DEPOSITION: Leonidas McCarver age 28 states nothing between him and Mary Stratton. Hartwell Stratton dissipated, vulgar language, drinks...sprees days at a time.
[Signed] Leonidas McCarver
SUMMONSED: James H. Lee, Angelina Lee, Uriah T. Brown, Sissneci Brown, Polley Jones, William [?]H. Jones, James Draper, Jane Draper, John Leech for 1st Wednesday after 2nd Monday in July 1859.
DEPOSITION: Elizabeth Oxindine states never known of any imprudent conduct between L. A. McCarver and Mary Stratton.
Elizabeth [her X mark] Oxindine
DEPOSITION: James A. Sadler for Complainant, age 25. Known parties two years, live in vicinity. Her character good. Attended business with defendant in winter of 1857-1858, know he visited houses of ill fame at Nashville. Habitual drunkard. 6 July 1859.
[Signed] James A. Sadler
PROSECUTION BOND: Mary A. Stratton, Principal; Martha J. Kirby & J. T. Quarles, Surety.
ANSWER: Hartwell Stratton, states he heard a report she was too intimate with Leonidas McCarver, does not know if true. Believes her inconstant and ceased to love and respect respondent. In event Complainant fails to establish innocence in charge of adultery, asks custody of their children. 29 June 1859.
[Signed] Hartwell Stratton, J. C. Gailbreath, Solicitor
[These cases have considerable ink bleed-through, very difficult to read. Look like different cases, but in same file jacket - mlj].
BILL OF COMPLAINT: Robert H. Stratton of Davidson Co, Tennessee against William Stratton of the State of Illinois. Defendant recovered judgment against orator, November term of Circuit Court of said county for $75.00. Believes clerk made error and used the word defendant for plaintiff. George D. Hamlett, Deputy Sheriff, forced your orator to pay sum and he could have it refunded.
[Signed] John P. Murray, Attorney for Complainant, R. H. Stratton
BILL OF COMPLAINT: Robert H. T. Stratton, citizen of Jackson Co, TN against Ben Holeman, Mary Holeman, John P. Murray, Thomas Murray, John L. Mathaney all citizens of Jackson Co, TN; Wm Stratton citizen of Virginia. Some time in 1845 ?Complainant settled in Wilson Co. He sent his agent [blank] Pettit to Virginia for his negroes. His father Robert Straton retained a negro man of his named William and sent in his place a very new negro man named Joe. Shortly after that his father Robert Straton came to this country. Joe had a wife among the negroes of your orator. [Something about Bill of Sale here, can't read]. Said Robt Straton hired out or worked the following list of negroes, viz: Mose Maden, Flemming, William, Dolly, [?]Albert, Bob, Eliza, Charlotte & Catherine. The first mentioned negro Mose Maden was [can't read] to your orator for the purpose of educating him.
Robert Straton placed his property in the hands of William Stratton and is hopelessly insolvent. William took the above mentioned Joe from him and hired him to Ben Holleman.
STRATTON, W. T. S.
MCCARVER, PINKNEY, etal
DEED: We, U. T. Brown and James H. Lee transfer and convey to Martha J. Kirby for $50, land in Dist 11, Jackson Co, TN being 15 acres...begin on side of road from Flynn's Lick to Ft. Blount. Adjoins tract purchased this day from Thomas J. Jones. Dated 19 August 1857.
[Signed] U. T. Brown, James H. Lee Witness: Joshua Hale, H. H. McClendon
DEED: I, Thomas J. Jones transfer and convey for $750 land in District 11 near Flynns Lick, 35 acres. Adjoins tract purchased this day from Brown & Lee. 19 Aug 1857.
[Signed] Thomas J. Jones
BILL OF COMPLAINT: W. T. S. Stratton of Davidson Co and E. [?] W. Thompson & wife M. J. Thompson of the State of Missouri against Pinkney McCarver and [can't read] Maddox of Jackson County, Tennessee. Between 1850 and 1860 U. T. Brown put a dwelling house on first tract. [blank] day of 185[blank] Martha J. Kirby conveyed both tracts to Mary Stratton who died intestate in Jackson Co, TN leaving W. T. S. Stratton and M. J. Thompson, who intermarried with E. W. Thompson and no one has or can be procured to administer estate. Complainants are the only children and heirs at law of Mary Stratton who on [blank] day of 1858 in said county and state aforesaid married Leonidas A. McCarver and died intestate in 1860 without issue or a child borned alive by the said McCarver. That as such heirs at law of Mary Stratton alias Mary McCarver, they are entitled to possession since the death of said mother.
[Note: Researchers need to compare census records for children's names. See Stratton vs Stratton, this reel].
DEPOSITION: 11 Aug 1883, F. A. Kelly age 25 was Tax Collector or Trustee 18801881, collected tax on land in controversy from P. McCarver.
[Signed] F. A. Kelly
DEPOSITION: P. McCarver age 74. Land owned by Mary Stratten sold to Doctor Alexander Sadler. He lived there a few years, then rented it to L. A. McCarver and him and his wife Mary Stratten that formerly was lived there - think 1859. Sadler left as I understood for Texas...sold for taxes. L. A. McCarver purchased about 1861. Deed transferred to me about 1871 for paying back taxes and arrearages.
[Signed] P. McCarver
CAUSE PENDING: P. McCarver, the defendant, died during September term 1890. L. A. McCarver, Lizzie Cooke, Henry McCarver, Wm McCarver, D. H. Armistead and wife Margaret and Matilda McCarver are the only children and heirs.
L. G. STRODE, GUARDIAN OF SENA SISCO HEIRS
Note on Elice Carnahan Oct 12, 1909, payable 24 months after death of William Carnahan.
Note on W. B. Head dated Oct 12, 1909, payable 24 months after death of William Carnahan.
Note on W. B. Head dated Oct 12, 1909, endorsed by him to Sena Sisco's children.
Note on J. N. Sisco dated October 12, 1909 payable 24 months after death of William Carnahan.
Above notes turned over to me by Wm Carnahan, grand father of said minors as advancement of the estate.
[Signed] L. G. Strode
Complainant and Plaintiff both of Jackson County, Tennessee. 13 March 1863, he purchased 150 acres, notes totaling $800. VanHooser said owed no money, he is deceased. Owes Isaac VanHooser $250.00.
STUBBLEFIELD, THOMAS, ADMR OF TILMON STUBBLEFIELD
[Part of first document missing, begins with part of metes and bounds description using trees, meanders but not which creek or river]...including dwelling house of the said Margaret C. Stubblefield and William Proctor. 69 acres to be 1/3 value of the whole tract. Balance of 131 acres so small, deem unnecessary to subdivide among four children. [Signatures possibly commissioners to assign dower/homestead - mlj].
[Signed] James Young, G. W. Veatch, L. H. McCarver
AGREEMENT: Obligation among the heirs of Tilman Stufflefield, deceased, dated 29 September 1847, [Appears to be a settlement by commissioners, as to who receives what]:
1. William L. Stubblefield, negro girl Ellen, $425.
2. Thomas M. Stubblefield, negro girl Coosa and boy Pinckney, $400.
3. William Proctor and wife Jane, negro boy Aaron, $425.
4. Montreville G. B. Stubblefield, negro girl Martha, $425.
5. Margaret C. Stubblefield, 69 acres of land out of 200 acre tract conveyed to Tillman Stubblefield in his lifetime by Hiram Lyles on 26 Dec 1840, 3rd District, south fork of Wartrace Creek. [Possibly dower/homestead to widow]
[Signed] James Young, G. W. Veatch, L. H. McCarver
BILL OF COMPLAINT: Margaret C. Stubblefield against Monteville G. B. Stubblefield, William L. Stubblefield, Thomas Mc Stubblefield, William Proctor and wife Susan J., formerly Susan J. Stubblefield. Margaret states she is widow and relict of Tilman Stubblefield who was her first husband, having since intermarried with John McCarver. Dilman Stubblefield died about May 3, 1846.
BILL OF COMPLAINT: Thomas Stubblefield against William Proctor, absconding debtor. 15 November 1856 Wm Proctor and Monteville G. B. Stubblefield of the State of Illinois signed note for $793.58. Wm Proctor came to possess the family farm, was selling same, refused to sell to Thomas Stubblefield.
STULTS, ALSIE ANGELINE
STULTS, WM (JR)
Married 7 April 1881, charges abuse. 31 March 1883 cruelly whipped with hickory. She took her infant child in the dark 8 miles to her brother for protection. Idel, indolent, fails to provide. One child, boy age 15 months named T. E. Stults. 2 April 1883.
Alsie [her X mark] Anglie Stults
End of Reel #119
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Jackson County Coordinators
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