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WASHBURN, B. B. - ESTATE SETTLEMENT
POWER OF ATTORNEY: I, Matilda K. Maxwell authorize B. B. Washburn to sell and convey lands in Putnam Co, TN & adjacent land of William Kinnaird, Lewis ?Leftrich & others, laid off to me as widow of A. J. Maxwell deceased. [Signed] Matilda K. Maxwell
REPORT OF ADMINISTRATOR: Lafayette Washburn, Administrator of B. B. Washburn, deceased, this day (Febr 3rd 1879) appeared in court, suggested insolvency of estate...advertise in "Hartsville Sentinel", published Hartsville, TN...last date to file claims against estate on or before 4 August 1879.
ANSWER: Archer C. Washburn, Benjamin R. Washburn, Benjamin Williams and Robert W. Washburn by guardian ad litem M. B. Young to the bill filed 24 Feby 1882. Widow of B. B. Washburn, Matilda A. Washburn, entitled to Homestead & Dower.
REPORT OF SALE: M. A. Washburn purchased town lots in Gainesboro where she lives & the lot across from Brooks ferry road from her residence and the garden spot belonging to B. B. Washburn, and a small tract of land lying in Jackson Co. bounded by Gore's heirs and lands of John V. Minor, J. H. Lynn & others, being same assigned to M. A. Washburn as homestead and dower, shown page 240, Minute Book "J", for $41.00. March Term 1883.
BILL OF COMPLAINT: Matilda A. Washburn, Cynthia D. Washburn, Fannie L. Morgan & Lafayette Washburn all of Jackson County, TN against
Archer C. Washburn, Benjamin R. Washburn and Benjamin Williams of Jackson County; Holland Denton and Robert W. Washburn of Putnam Co, TN.
On 12 July 1878 B. B. Washburn died in Jackson Co intestate. Children of B. B. Washburn are complainants Cynthia D. Washburn and Fannie Morgan and defendants Robert W. Washburn, Archer C. Washburn. Benjamin R. Washburn is a child of a deceased son of B. B. Washburn and Benjamin Williams is a child of a deceased daughter of B. B. Washburn, all defendants being minors. Complainant Matilda A. Washburn is widow of B. B. Washburn. Lafayette Washburn is Administrator of deceased's estate.
B. B. Washburn died seized and possessed of lands in town of Gainesboro bounded on east by a street, south by lots where M. B. Young lives, west by a street or lot or land belonging to legatees of J. M. Gipson, north by a street leading to Brooks ferry road being lots where dwelling house and stable of B. B. Washburn stands.
Also lot on opposite side...bounded by lot B. B. Washburn sold to Shamos J. Williams now owned by H. W. Williams, north by R. A. Cox, east by a street, south by street leading to Brooks ferry road.
Also three-fourths acre garden spot on Brooks ferry road bounded by land of R. A. Cox, George M. Petty & the Tan yard branch, and on south & southwest by Brooks ferry road, on waters of Sugar Creek bounded by lands of Joseph H. Lynn & others being 35 acres.
Also undivided one-half interest in 140 acre tract on ridge dividing the waters of Roaring River & Flynn's Creek near Cookeville Road, adjacent land of John Haney & others being the same conveyed on 16 Oct 1873 from G. W. & Matilda K. Cronk, registered Book A Page 265.
ANSWER: M. A. Washburn against A. C. Washburn & others. Respondent B. B. Washburn as partner had mortgage on dower interest of one M. K. Maxwell in lands of her deceased husband Jackson Maxwell in Putnam Co. Said M. K. Maxwell (now Cronk) executed power of attorney to B. B. Washburn, who sold lands and with proceeds purchased land of one Henry Jackson. M. K. Cronk & husband G. W. Cronk.
INVENTORY OF ESTATE OF B. B. WASHBURN:
Note on Joseph Carver, deceased due Feb 6, 1877.
Note on A. J. Flatt due Apr 4, 1875 - bad.
Note on James Jackson due Apr 4, 1875 - bad.
Note on Lyttleton Smith due Sept 15, 1875 - bad.
Fee of $35 decreed against Estate of Paul Anderson, deceased. $5.00 of this paid to H. J. Harley in B. B. Washburn's lifetime.
Note on J. L. Washburn, deceased, due Jan 16, 1868.
Note on J. W. Smallwood due April 10, 1875.
Note on P. M. DeJarnette - out of date and amount not known.
Note on Due Bill, F. M. Price.
DUE DENTON & WASHBURN [Attorneys at Law]
Note on James W. Carver due Aug 23, 1871.
Note on S. J. Spear due Dec 29, 1871.
Note on W. A. Posten & David Posten [no date].
Note on Mathew N. Crowder due Feb 4, 1859.
Note on James Conner, W. C. Conner & Martin J. Taylor due Sept 8, 1865 or Sept 13, 1875.
Note on J. C. Brown due Sept 6, 1865.
Note on W. W. Stafford due Oct 3, 1865.
Note on D. K. Fink due Oct 4, 1865.
Note on Gabriel Sloane due July 20, 1866.
Note on E. B. Jackson due July 19, 1866.
Note on Asil Duncan & John Williams due Feby 27, 1868.
Note on Jno S. Jenkins due Nov 11, 1868.
Note on Wiley Fry due Mar 4, 1869.
Note on Mathew Langford due Mar 5, 1870.
Note on James Cherry due Sept 6, 1870.
Note on William Shepherd due Feby 10, 1866.
WASHBURN, BENJAMIN B. vs PRICE, JOHN W.
PROSECUTION BOND: B. B. Washburn & Russel M. Kinnard and George M. McWherter to John Price $500.
DECREE: 7 Feby 1851 cause heard. Complainant and Defendant were Administrators of James Price, deceased and Charles N. Price, deceased. James Price and Charles N. Price owned 30 or 40 hogs. Defendant converted to his own use, disregarding obligation to sell & account to estate. John ?Least was security on John Price's Administrator's bond. They owe estate $43.75, John Price enjoined from administering.
James Price departed life intestate. Benjamin J. Washburn and John Price appointed Administrators July term 1849.
ANSWER: John Price states he was a young man with little experience. Has property...if I did wrong, I'll take care of it...honest...thought was doing right thing. [Signed] Spurlock, Sol.
DEPOSITIONS: Renard Smith age 63 [signed "Rennard Smith"]; William Huffines 31 [signed "Wm. G. Huffines"]; Elizabeth Price about 48 [signed]; Francis M. Price 19 [signed]; John J. Hancock 21 [signed]. All testimony regarding value of hogs. Depositions 4 Feb 1857.
BOND: John Price, Principal and John M. Gipson, Security, $100 to Benjamin B. Washburn.
WASHBURN & CASON vs GENTRY, W. F. ETAL
AMENDED BILL OF COMPLAINT: Lafayette Washburn and H. H. Cason against W. F. Gentry & wife Angeline Gentry, all of Jackson Co. Filed bill 13 Feby 1893 against W. F. Gentry, Angelina Gentry, S. L. Gentry seeking to collect debts. Seek to sell tract of land mortgaged where defendants W. F. and Angelina Gentry now live.
21 Decr 1891, W. F. & Angelina Gentry joined in a deed to secure some liabilities to Clay Reeves & John H. Chaffin. We, W. F. Gentry & wife Angeline Gentry do sell to Clay Reeves Trustee...land on Morrison's Creek...bounded by Matison Loftis' line on north, run with Matison Loftis & Elijah Haney's lines, west with John M. Loftis line to Hurricane Hollow...150 acres. Conditions...Clay Reeves & J. H. Chaffin are security for W. F. Gentry...judgments rendered 12 Jany 1891 in favor of L. S. Anderson for $10.75...also security for W. F. Gentry in favor of F. M. Irwin dated Decr 11, 1891. Reeves & Chaffin compelled to pay off, want their money, but land which secured bond is subject to prior mortgage to Washburn & Cason.
ACCOUNT BOOK OF WILLIAM F. GENTRY - YEARS 1889, 1890, 1891, 1892. Lists sales to various individuals, amounts owed, paid, balance due. Several pages.
WASHBURN & CASON vs T. HAILE, ETALS
ESTATE SETTLEMENT: Henry P. Loftis, Admr of Geo G. Haile, deceased, 22 March, 1901, recorded Wills, inventories & Settlements Book "C", P. 427.
James W. Stafford appointed guardian ad litem for defendants Walter Reed, Nicholas P. Reed, Clarence Reed, Henry T. Haile, Nannie P. Haile, Mattie B. Haile, Ruthie E. Haile, Joshua A. Haile.
James W. Stafford, answering for said minor defendants; George G. Haile died intestate, left above named parties his children. Homestead & dower has been assigned and their mother is Mary Coleman, and she and her children are now in possession. George G. Haile left debts. Does not believe homestead & dower should be sold to pay same.
Note on Nancy L. Haile with W. C. Read security, 2 Feb 1897.
Note on Andy Skimehorn, J. L. Young & L. B. Anderson, 2 Feb 1897.
Note on J. E. Stafford, J. L. Young & B. L. Quarles 2 Feby 1897.
Note on Alford Rush 1 Apr 1891, disputed.
ORDER TO SHERIFF: No personal property of N. C. Bybee to be found in Jackson Co. Therefore fifa [attachment] on reversionary interest in tract of land 8th Dist, Jackson Co, on north side of Cumberland river bounded by Cumberland river, land of J. H. Hall, Bennett Minor, James Cherry, perhaps others.
BILL OF COMPLAINT: Washburn & Cason, a firm of merchants composed of L. Washburn & H. H. Cason, John D. Lowe, B. L. Quarles, Dudney & McDearman, Luke B. Anderson, Jno H. Dennis, all of Jackson Co., TN against
T. H. Haile of Clay Co, Tenn; W. D. Haile, Martha J. Reed, citizens of the State of Texas, J. T. [or F.] Haile a citizen of the State of Kansas; Nancy L. Haile, W. [or U.] C. Reed, Cora Reed, A. B. Hestand & wife Lou Hestand, Walter Reed, Nickolas P. Reed, Clarence Reed (the last three of whom are minors under 21 years), Henry P. Loftis as Admr of Geo. G. Haile & in his own right & wife Julia Loftis, Kenner Dudney & wife Etta Dudney, citizens of Jackson County, Tenn; Robert Coleman & wife Mary Coleman, Henry T. Haile, Nannie P. Haile, Mollie B. Haile, Rutha E. Haile, Joshua A. Haile, citizens of Hamilton County Tenn near Soddy Tenn.
Geo G. Haile departed this life in Jackson County, Tenn on the [blank] day of [blank] 189[blank], leaving deft Mary Coleman his widow & relict, who has since intermarried with deft Bob Coleman and leaving as his children and heirs at law defts Henry T. Haile, Nannie P. Haile, Mattie B. Haile, Rutha E. Haile & Joshua A. Haile who are minors under the age of 21 years without general guardian.
Geo G. Haile died seized and possessed of land in fee simple title, dower and homestead has been laid off and assigned to widow. Land being in 1st Dist of Jackson co, bounded on north by Nancy L. Haile, south by Brown, east by Stafford and west by Haile containing 95 acres more or less. George G. Haile died owning undivided one-tenth interest in remainder tract in First District bounded north by Maxwell, south by Haile, east by Stafford and west by Gipson, 300 acres being land that was assigned to the widow of Nicholas P. Haile, deceased as homestead & dower many years ago. N. P. Haile died many years ago leaving widow Nancy L. Haile now age 78. At her death, land will descend to heirs of N. P. Haile, decd, one of whom was Geo G. Haile. Defendants hereto are children & grandchildren of N. P. Haile except husbands of married women, & Coleman & wife. There are ten shares or interests.
Henry P. Loftis, Admr of Geo G. Haile has suggested insolvency of estate.
DECREE: J. Mansell Haile vs Mary Haile, Henry Thomas Haile, Mattie Bell Haile, Ruth Etta Haile, Joshua Haile. Mary Haile, the adult defendant, has been served with process, failed to appear, therefore allegations true. Geo G. Haile in his lifetime executed note to J. Mansell Haile, 18 July 1895, due March 1, 1896 - as security, deeded to Mansell Haile his undivided one-tenth interest in remainder of his father N. P. Haile, being remainder interest he sold to pay debt.
DEPOSITIONS [NO DATES]: Lafayette Washburn age 68, was a member of firm of Washburn & Cason [merchants]. Think Geo. G. Haile died Decr 1886, owed firm money. [Signed] L. Washburn
B. L. Quarles, age 30, testified as to land value. [Signed]
J. H. Chaffin, age 55, ditto. [Signed]
Henry P. Loftis age 44, am Administrator of estate of G. G. Haile who died Decr 9, 1896 intestate. I married G. G. Haile's sister. He was my brother in law. The widdow [sic] of N. P. Haile, dcd is about 78. The widdow of G. G. Haile is about 31 or 2. The health of Mrs. N. P. Haile is bad. [Signed]
ANSWER: Robert Coleman & wife Mary Coleman. Mary, widow of Geo G. Haile, entitled to dower & homestead. [Signed] Robert Coleman, Mary [her X mark] Coleman
WASHBURN & CASON vs J. M. LOFTIS
ORDER TO SHERIFF: No personal property of J. M. Loftis to be found, levy land in 9th Dist on Morrison's Creek...bounded by David Johnson's corner, continue on line between David & Joseph Johnson...below Joseph Johnson's house, formerly Martin Loftis' house [per map in file; being 217 acres Homestead plus 82 acres at southern end].
WASSAM, ANDREW SR. vs WASSAM, ANDREW JR.
DECREE: 14 July 1854, Complainant entitled to relief. Deeds & transfer to land be delivered up by Defendant, same cancelled and held for nought. Tract of 99 acres in Putnam County (formerly Jackson) on east side of Cane Creek being part of 200 acre tract granted to Smith ______. Also the 1000 acre entry on 7 Jan 1841 in the name of Andrew Wassam Sr. lying in Putnam Co (formerly Jackson Co) on waters of Cain Creek...Begin David Patton's corner to _____wood and Hickman's line and with said line to the Walton Road dthence eastwardly with said road to the beginning. Also 150 acres entered in Entry taker's office, Jackson Co., 14 Jan 1839, Entry #2661 in the name of Andrew Wasson Senr on headwaters of Pigeon Roost Creek, and adjacent his 50 acre tract...northwardly to Michael Moore's corner. Also 1000 acre tract sold by decree of Chancery Court at Gainesboro under decree rendered in case of [blank] and purchased by defendant Andrew Wasson Jr. at said sale - also in Putnam Co.
[Note: Part of this case may be missing, may be filmed on another reel, or withdrawn].
ANSWER: Reuben Baily to Bill of Complaint, says he purchased land from William Bybee. Co-defendant James Hall is in possession.
INDENTURE: [blank] day of March 1863, John VanHooser sold land to William T. Stroke on credit, located on the bank of Webster's Creek...line of John Minor, John VanHooser.
DEPOSITION: Danl M. Morgan age 58. John M. Burris is dead. S. W. Cassetty now deceased. I am now sole administrator; found note on John VanHooser due 10 April 1850 for $64.121/2, credit 10 June 1851 of $40. [Signed] Danl M. Morgan
ANSWER: John & Isaac VanHooser and James Hall to Bill of Complaint of W. M. Cooke, R. M. Kinnaird & Thos L. Bransford. Russell Kinnaird & Thomas L. Bransford were partners. 9 May 1850 they received judgment against John VanHooser.
WATTS, THOS L. vs LAMBERT, WILLIAM & WIFE
BILL OF COMPLAINT: James Hargis, Thomas Watts & Ann Holleman, Administratrix of the estate of John W. Holleman, deceased, all of Jackson Co. against
William & Elizabeth Lambert, of Jackson Co., TN.
Before 1870, Orators James Hargis & Thomas L. Watts together with Pinckney McCarver now deceased and John W. Holleman, the intestate husband of Complainant Ann Holleman became security of William Lambert on an injunction bond...cause of Thomas W. King against Wm Lambert, in Chancery Court of Jackson Co or Smith Co, TN. The case was afterward revived in the name of James T. Anderson, Admr de bonis non [administrator of remainder property not already devised] of said deceased, and William Keith, said Thomas W. King having died pending litigation. Appealed to Superior Court of State of Tennessee in Nashville, ruled in favor of Complainant 21 Feby 1881, sum of $856.89 and costs.
Execution was levied on land, bounded west by land of Elizabeth Lambert, wife of said William; south by T. J. Lee & Nancy Kirkpatrick, east by land of D. H. Armistead, Canter Haris & others; north by A. J. Vantrease...being in three different tracts; 1) 80 acre tract which Lambert purchased of James Pharis; 2) 60 acres purchased from John Hughes; 3) 30 acres purchased from O. H. Anderson.
DEPOSITION: Thomas L. Watts age 72. Thomas L. [his X mark] Watts
DEPOSITION: Carter Hargis age 60. Bought land from Wm Lambert 7 or 8 years ago. Curtis [his X mark] Harris [Note: Distinct difference in way name written].
[FOLLOWING DEPOSITIONS TAKEN SEPT 15 & 16, 1892]:
G. R. Maddux AGE 46
Ann M. Holleman states, "My husband John W. Holleman died March 20, 1887. J. W. Holleman left 4 children at his death". Sold my husband's claim as security to Wm Lambert to Jas Hargis for a horse & buggy. [Signed] Ann M. Holleman
James Lambert age 42 James [his X mark] Lambert
J. W. Guess age 57, acting J. P. for Jackson Co, TN. 16 Sept 1892 [Signed]
DEPOSITION: Elizabeth Lambert age 63, have known Hargis and Watts since they were boys, knew P. McCarver and John Holleman in their lifetimes. Filed suit 1883 by James Lambert, to enjoin from taking my 80 acres. Money that bought land came from my father's estate. Was a contract with Mr. Lambert that it was to be and remain my land. We purchased the land from James Pharris, been in adverse possession 43 years. I paid for all the land - or think I did. I had $500 in notes on Dudley Brown, Thackston Carter, John Pharris, and a part of the money was in James Hargis' hands and he taken said notes as payment. March 3, 1893. [Signed] Elizabeth Lambert.
WAY, A. J. & LOFTIS, J. P., Administrators of LOFTIS, PERLITHA
POWER OF ATTORNEY: Jno W. Haney & wife Martha Haney appoint Jno M. Stamps to receive money due from estate of Perlitha Loftis, deceased. [Signed] John M. Haney Martha [X] Haney
BOND: J. R. Stamps, Principal; John Johnson & Gideon Gibberel, Securities, pending court 2nd Monday in Sept next, misdemeanor by J. R. Stamps. Dated July 3, 1875. [Signed] J. R. Stamps, J. Johnson, Gideon Gibberal
May Term 1875, Grand Jury indictment of John R. Stamps, a J.P., did fail to report receipts collected by him. Jurors: J. Z. Beck, T. S. Birdwell, ?J. M. Long, William Rush, Asa Lyn, W. O. Trousdell, S. M. Mabry, J. H. L. Brown, G. W. Jenkins, L. W. Young, ?J. T. Soonthin?, Elias Sliger, Jones Parish
PARTIAL LIST OF ASSESTS: Perlitha Loftis departed life this county 30 July 1887.
Note on Joseph Johnson 16 Dec 1881.
Note on B. B. Chaffin 16 July 1883
Note on F. M., J. N. or H. Loftis 15 Sept 1883.
Note on W. A. Loftis 11 May 1881.
Receipt from H. P. Loftis & Perlitha Loftis to A. J. Way, one note executed by the Deceased to them dated Dec 17, 1886.
One note paid off by A. J. Way to Elijah Haney & Sallie Haney, Executed by Decd to them dated July 22, 1884.
One Receipt from Elijah Haney on his wife's share in said estate.
Receipt of John M. Haney & Marthy Haney to J. P. Loftis dated 2 May 1887.
Receipt from Perlitha Haney to J. R. Loftis 30 April 1887.
Receipt from L. H. Maberry in full of his Distributive share paid by J. P. Loftis dated July 30, 1887 for $50.
Receipt from Logan H. Loftis on a note executed by Deceased to him dated 30 July 1887.
Account due, Patsey Loftis to Tinsley & Birdwell, ten yards worsted @ 20 cents = $2.00
We, John P. Loftis, Administrator of Patsy Loftis, decd and Mary Way, Admx of A. J. Way, decd, former joint administrator with John P. Loftis of Patsy Loftis, decd, make settlement with each other.
A. J. Way paid out of estate of Patsy Loftis. He died, and Mary Way as administrator of his estate assumed some duties. Final settlement of balance due Patsy Loftis' estate from A. J. Way's estate on 21 March 1889 was $230.69. s/s J. P. Loftis, Mary [X] Way
FINAL DECREE: A. J. Way & J. P. Loftis, Administrators of Perlitha Loftis, decd and in their own right. The said Way as husband of Polly Way, Elijah Haney & his wife Sallie Haney, Polly Way, John Haney & his wife Sallie Haney, Polly Way, John Haney & his wife Perlitha Haney against
Logan Loftis & James Loftis.
On 2 February 1885, title was vested out of Complainant & Defendant and into purchaser Thomas Gentry, [lengthy metes & bounds description, poles, rods, trees]: Begin at a stake in road leading from Matison Loftis' house...stake on Hurricane branch...Martin Loftis' field...down said branch...Morrison's Creek crossing creek to the center of a hollow...crossing Loftis Spring branch...315 acres more or less. Thomas Gentry bought for sum of $3005.50, terms one and two years.
BILL OF COMPLAINT: A. J. Way and John P. Loftis as Administrators of Perlitha Loftis, deceased, and in own right; A. J. Way, husband of Polly Way; Elijah Haney and wife Sallie Haney, Polly Way, John Haney and wife Perlitha Haney, all citizens of Jackson Co, TN against
Logan Loftis and James Loftis of Missouri.
Perlitha Loftis died 4 Sept 1884 and Jefferson Loftis departed life many years ago. Complainants and defendants, except husbands of married women, together with Elizabeth Haney and Logan Maberry are the only heirs of said Perlitha and Jefferson Loftis. Died seized and possessed of tract of land bounded north by Elizabeth Chaffin and J. M. Loftis, Jr.; east by Matison Loftis and M. Loftis, Sr.; south by J. M. Loftis, Sr., Robt Mansell and Richard Mansell; west by A. J. Way and Elizabeth Chaffin, being 200 acres more or less.
The interest of Logan Maberry belongs to complainants and defendants hereto, they having purchased same.
Interest of Elizabeth Haney belongs to Logan Loftis, he having purchased the same, being one eighth thereof. The interest of Logan Maberry being also one-eighth, hence the entire tract of land belongs to complainants and defendants as tenants in common.
Defendant Logan Loftis owns 2/7 and the other Petitioners each own 1/7 by descent and by purchase...seek to sell. 3 October 1884. [Signed] A. J. Way, Mounce G. Butler, Solr [Map in file, no dimensions. Wm Gore survey measures 315 acres total - mlj].
INVENTORY & SALE OF PROPERTY: [Notes due, personal property, no bible, no indication of relationships].
WAY, C. W. Vs WAY, JOANNA
Both of Jackson Co, TN, married 10 or 12 March 1888, together until 1st of June or July 1888, defendant deserted more than two years. When married they resided at house of defendant's father until June or July 1888. Complainant thought it proper to move to own home, she refused and said she was staying with her father and mother. 22 June 1891. [Signed] C. J. Way
Emma Chaffin Way, a minor, sues through her father Henry Chaffin. Complainant Emma born and reared in Jackson Co, was age 14 in June 1924. November 21, 1924 she married Bennie Way, a grandson of defendant, was happy about one year. He [Bennie Way] went to Oklahoma and secured employment and sent for her, she leaving about 8 March 1926 and returned home to Jackson Co about Nov 12-22, 1926. Said husband returned September 1927, again happy until they removed on lands of defendant.
Her husband brought her to Gainesboro to visit her parents and went back home to work. John Smith came over and in her absence started maliciously accusing her...saying she had been caught in bed with one Harve Burgess, mentioned one Floyd Johnson. Bennie Way told Emma's father to come get her things, falsely accusing her of adultery. Sues for slander, sum of $10,000. Henry [X] Chaffin
ANSWER: John Smith denies charges. Said they had been separated in Oklahoma because of jealousy...merely repeated conversation between husband and wife.
MARY WAY, ADMRX OF ANDREW J. WAY Vs ELIJAH HANEY, etal
BILL OF COMPLAINT: Mary Way against James Pryor, both of Jackson Co, TN. A. J. Way departed life in Jackson Co. 3 Feby 1887, Orator is Administratrix. On or before 14 August 1885, A. J. Way sold James Prior land in 1st District, bounded west by R. H. Meadows; east by A. J. Way, decd; north by R. H. Meadows; south by Jane Trisdale. James Pryor executed notes. Land in present condition not worth purchase money due; cut valuable timber. Seventy ash saw logs taken from above land; defendant owns one-half and other half owned by Wade Goolby [Goolsby] and Dow Stafford, ask logs be attached. 30 April 1887.
30 April 1887, cause placed in your court by mistake...do not want to prosecute.
SETTLEMENT STATEMENT: Andrew J. Way, guardian to John Hanie, Martha Hanie, Logan Hanie...nothing come to his hands...not likely to be any, resigns as guardian. 20 December 1878. [Signed] A. J. Way
AFFIDAVIT: Thomas Walker, in cause of Hiram Pharis vs Mary Way, states since trial of this cause, he has learned of another trial by J. W. Stafford, David Loftis, H. Roddy and L. Washburn. Affiant states he is son-in-law of defendant Mary Way. 17 March 1888. [Signed] Thomas Walker.
ANSWER: Sallie Haney, widow of Elijah Haney, deceased. Andrew Haney; Politha Loftis and husband Hickman Loftis; and Savannah Haney, Mary Haney, Clarinda Haney, Verna Haney, George Haney and Thomas Haney, last six being minors answer by guardian J. H. Haney, heirs of E. Haney deceased, to Bill of Complaint of Mary Way, Admrx of A. J. Way, deceased, filed against Elijah Haney dated August [?] 1894, adopt answer of Elijah Haney filed Aug 25, 1894.
Elijah Haney died and left widow Sallie and following children: Andrew, Perlitha Loftis intermarried with Hickman Loftis (John P.'s son), Savannah Haney, Mary Haney, Clarinda Haney, Verna Haney, George Haney, Thomas Haney, his heirs at law.
Mary Way vs Elijah Haney, et als. Thomas Walker makes oath that since last term, Elijah Haney died intestate in Jackson Co, left widow Sallie, Politha Loftis married Hickman Loftis (John P.'s son) and following minors, namely; Savannah, Mary, Clarinda, Verna, George and Thomas. 21 Feb 1895.
Mary Way states A. J. Way died 3 February 1887.
BILL OF COMPLAINT: R. M. Maxwell states Mary Way owes him money.
MARY WAY Vs SIDNEY WAY
DEPOSITIONS: P. N. Dudney, live 1st District, Jackson Co, TN. Known parties since
born, live one-half mile. Were married, lived together at house of A. J. Way about last October or first of November 1882. Mary Way is the daughter of Hiram Pharris. I worked for A. J. Way 7 or 8 days after they moved there. Sidney Way is moral, peaceable, industrious and poor. A young man just married cannot provide as well as one in better circumstances. I have tried it twice. P. [X] N. Dudney
DEPOSITION: Mary Stafford, am the wife of Leroy Stafford. Was at A. J. Way's January 1883. She seemed to be in feeble condition. Mary [X] Stafford
DEPOSITION: Susan Stafford, am the wife of Henry Stafford. Was at A. J. Way's at hog killing time. Defendant's sister was there and defendant's mother. Mary Way came in the house and said A. J. Way had told her to take some of the children and go on the hill to get some slippery elm bark for Sidney to drink. Mrs. Way told Complainant to go get it herself, the children had night work to do. Live about 2 miles from them. [X]
DEPOSITION: Sarah Allen, was at A. J. Way's, Mrs. Way said Sidney had become ill.
DEPOSITION: Julia Robins stated Sallie Way, sister of Defendant was sitting in Sidney Dudney's lap. [Signed] J. F. Robbins
BILL OF COMPLAINT: Mary Way against Sidney Way for divorce, charges failure to provide, indignities to person. Lists personal property, does not mention children. Dated 4th Monday in September 1882.
ANSWER: Sidney Way states he became seriously ill. Was true his wife was with child, but it was nothing compared to his condition. He is willing to forgive wrongs she has done him. 18 July 1883.
BILL OF COMPLAINT: Mary Way against Sidney Way, states they were married against the will of her father, she was age 13, eloped with defendant, her first and only love. Defendant became ill, was taken to his father's house where she went to wait on him, he drove her off on 29 January 1883, she is now in delicate condition and will be confined in a very short time.
WAY, MARY vs WAY, VAN
BILL OF COMPLAINT: Mary Way against Van Way, both of Jackson Co., Tennessee. Van Way purchased for her the following land, located 1st District, Tally's Hollow branch, bounded east by dividing spring known as the Sallie Haney spring...to William Lynn's line, to Ned Gailbreath's; west down the hill to Tally's hollow, north to beginning, being 40 acres, land purchased by Z. M. Young Jr. and on same day deed was executed to Van Way who registered same. Land was paid for by Orator. She was told if she had the deed executed to Van Way she would have the benefit of the rents during her natural life and could make her home with him, he would look after her. Soon after deed was executed, Van Way's wife became abusive and cruel to Oratrix, and he encouraged the treatment. Asks that deed be set aside.
WEBB, D. C. etal vs BOTTS, W. H. etal
NOTICE OF SALE, 7 Decr 1874 at Livingston, Tenn, land in Overton Co. on Spring Creek occupied by Wm Dean and F. W. Swetland, bounded on south and east by Jabez Murphy and west and north by Benjamin Webb and others, by estimate 390 acres, to satisfy judgment of D. C. Webb and others against W. H. Botts and others.
WEBB, DANIEL C. vs GARDENHIRE, E. L. ETAL
BILL OF COMPLAINT: William H. Botts of Glasgow, KY, E. L. Gardenhire of White Co, Tenn, James T. Quarles of Jackson Co, John P. Murray of Jackson Co, Perlina Gardenhire, Admistratrix of Benjamin T. Gardenhire of the State of Texas, and Berry Stephens & Peter Turney, Admrs of Samuel Turney, deceased, of White Co., TN.
Many years ago, Thomas D. Simpson became indebted to Samuel Turney & E. L. Gardenhire for $50.00 each, to James T. Quarles for $62.00, John P. Murray for $100.00, Benjamin T. Gardenhire for $20.00 and to Orators for $300. At the time he became indebted, he owned a house and seven acres in Flynn's Lick. Shortly thereafter, Simpson left Tennessee and went to Texas. Feby term 1860, land was ordered sold to pay debts. April 1862 defendant Botts sold land [as court officer] and orator purchased for $700 total debt sum as agreed by debtors. Debtors agreed that if the land could not be resold, they would take a pro rata share in amount owed. Due to imminent war, could not sell at any price. Orator Daniel C. Webb 'holding bag", seeks relief.
WEBB, G. W., guardian of William R. Webb heirs. S. S. Webb, minor heir of William R. Webb, deceased...balance due $00.07.
I, G. W. Webb, resign as guardian of S. S. Webb as he is 20 years old. Final settlement with him this 18 April 1884. [Signed] G. W. Webb
WEBB, JAMES C. vs FRANKS, JESSE & MASTERS, MONT and FRANKS, JOHN vs DILLON, JAMES
CLERK OF COURT'S REPORT: Estate of Matilda Dillon, deceased had five distributive shares, each $236.33. Myself and Jesse Frank were the Administrators, both acted as commissioners...settle with heirs. 6 Feb 1854. s/s Wm E. Nelson, C & M
AMENDED BILL OF COMPLAINT: James C. Webb vs Jesse Franks, Admr of Matilda Dillon of White Co, TN and Monteville Masters of Jackson Co. Orator in March 1850 filed bill against Martin Martin Martin [sic]. Said Masters was indebted to him for $254.80. Said Martin has departed this life in Jackson Co, and Montreville Masters has become Administrator.
ANSWER: Jesse Franks, Admr of estate of Matilda Dillon, decd against Respondent & others by James C. Webb. Knows nothing of judgment against Martin Masters, decd or of solvency. Matilda Dillon's estate, after paying off debts, is about $1,010. Matilda had five brothers and sisters: 1] James Dillon; 2]Alexander Dillon, who has also departed life leaving several children as heirs; 3] Celia Templeton wife of Green Templeton, 4] Rebecca Hawkins wife of Wm Hawkins who have departed this life & left several children their heirs at law; also 5]Elizabeth Masters wife of William Masters who is the father and mother of said Martin Masters & Montraville Masters. That said Elizabeth Masters, sister of said Matilda Dillon is also dead. Respondent is not advised whether William husband of Elizabeth Masters is alive or not. $202.57 is the amount of a distributive share.
William and Elizabeth Masters had five children: 1] James Masters 2] Martin Masters who he is informed is dead 3] William Masters dead 4] Montraville Masters 5] Alexander Masters.
Montraville is Admr of Martin Masters decd who died leaving no wife or children, no heirs except his father if living and his brothers.
William Masters, husband of said Rebecca [sic - note "Elizabeth" above], deceased, never applied for a distributive share of his deceased wife's estate. Neither did Martin Masters [apply for a share] in his lifetime.
Respondent denies right of Complainant to recover any part of said estate for the debts of Martin Masters until he shall make it appear that his father the said William departed life or declines administration on his wife's estate.
BILL OF COMPLAINT: James C. Webb on 1 March 1850 recovered judgment against Martin Masters.
Matilda Dillon died in White Co, TN, wants any share coming to Martin Masters applied to his judgment.
ANSWER: Montraville Masters, Admr of Martin Masters, states Martin Masters died 1850 in Jackson Co. 6 July 1852. Montraville [X] Masters.
WEBB, S. D., ADMR of LOFTIS, ARCHABLE
Administrator's settlement, J. H. Chaffin, Clerk of Jackson County Court with S. D. Webb, Admr of estate of Archable Loftis, deceased. Last settlement made 26 April 1901, Book D, pages 58 & 59.
Martin Gentry for part of his pro rata share of estate.
Paid W. A. Overton, W. C. Masters & Asa Johnson for laying off year's support for widow.
Share of said estate dated 5 Dec 1899.
Mary Lee, part of her distributive share.
M. V. Loftis, part of his distributive share.
F. M. Loftis, part of his distributive share.
WEBB, S. D. vs LOFTIS, W. H. & J. H.
COPY OF GRANT: #2080, One cent per acre, Act of General Assembly passed 3 December 1825. Granted 3 January 1826 unto Allen Lynn, 50 acres on waters of Spring Creek, beginning at white oak on the north side of a bluff, north of Spring Creek - running north 100 poles to two small maples, thence east crossing the Overton Co. line at 45 poles, in all 80 poles, to a white oak. Thence south 100 poles to a Black oak & poplar. Thence west to the beginning, including an improvement occupied formerly by Josiah Curtis.
TESTIMONY: D. G. Brown for Plaintiff, 12 June 1905. Am Register for Mountain District, office at Sparta. An index lists 100 acres issued to Job Morgan, #7190, about 1838, grant was registered in Book M, page 126, torn out by some unknown party. Have been several persons in here the last few months looking for grants...land near Dirt Cave, don't know who.
DEPOSITION: T. L. B. Morgan, age 65, live 32nd District, Overton Co., farmer. Can't go to court, lame leg and side since January 1905. My father Derby H. Morgan sold David Phillips land in 9th District of Jackson Co, TN and 23rd District of Overton Co. Line crosses Gainesboro road in ten steps of the fork of the road that leads to Amos Morgan's place on Roaring River, crosses Spring Creek about the middle of the Millie Loftis upper place. He sold it about 50 years ago.
The mother of David Phillips, Betsy Phillips, did not live on the place. My father and myself lived on the Gainesboro Road at the Asa Lynn old place. David Phillips traded a sorrel horse he had gotten from either Archibald or Laban Loftis and $50 cash for the land. My grandfather Job Morgan owned it before my father Derby H. Morgan.
WEBB, S. R. vs LEE, JOHN
BILL OF COMPLAINT: S. R. Webb against John Lee, both of Jackson Co. John Webb died intestate in 1893, seized of land in 9th District, Jackson Co, bounded north by Gentry, east by Ma_ _ _ _, south by Morgan and Jo_ _ _ _ _ _, west by Gentry, 150 acres more or less, worth about $1500, being John Co_ _ _ _ old home place and a _ _ _ _ _ partition.
John Webb left widow Sarah Webb and nine children: Daniel Webb, [several blanks] Webb and S. R. Webb. Widow Sarah Webb is still living. John Lee on [blank] 1896 purchased Sarah Webb's life estate. Defendant immediately took charge, using & occupying same at present. John Lee purchased and took deeds from eight of the children of John Webb deceased as they have become [20 marked out] 21 years, is owner of eight shares plus the homestead interest.
Complainant is a son of John Webb, deceased and has never made anyone a valid deed of his interest. Complainant owns one share, or one-ninth at the death of Sarah. Asks that land be sold and proceeds distributed. Further, John Lee owes him for rent and timber removed from land. Complainant became age 21 on 5 May 1908. Dated 23 May 1908. [Signed] S. R. Webb
WEST, BETTIE JANE vs WEST, WILLIAM
BILL OF COMPLAINT: Bettie Jane West states they were married about 12 years ago. Defendant is abusive. Personal property includes livestock, crops "where we live on Nancy Hall's farm". 1st Monday in July 1902.
BOND: W. M. West, Principal and W. M. "Bill" Forkum for $300.00 to Bettie Jane West if West doesn't have to deliver up two mules that were attached as personal property until cause is decided.
BILL OF COMPLAINT: Bettie Jane West states were married about 12 years ago. Defendant was brutally beating one of Complainant's children who is a step daughter of Defendant. Asks that defendant be restrained from coming near her. Asks for rights of single woman, personal property as alimony. 20 Sept 1902. Bettie Jane [X] West
BILL OF COMPLAINT: Married about nine years ago. Separated about one year ago last Sept. Falsely accused her of adultery, tried to cut her throat, kicked...had to hire out for pittance to support her children. 12 Nov 1900. G. B. Murray & Son, Sol.
JUDGMENT: March term 1901, against Bettie Jane & Wm West, attorney's fees, in favor of G. B. Murray & Son.
WEST, SAMANTHA vs WEST, FLETCHER
BILL OF COMPLAINT: Married Putnam Co [no date], lived Jackson Co for 8 or 9 years. Happy until 9 months ago; complainant in a delicate condition, gave birth. While confined, defendant brought a girl to the house to wait on complainant. Defendant became intimate with her; her name is Vina Pippin. Defendant said he loved the girl, became abusive to complainant, left her for two months last June.
Owns land in 10th District on waters of Blackburn's fork of Roaring River bounded north by J. H. Garrison, east by J. C. Night, south by Marshall Clinton, west by Joe Bean, being 50 acres, plus personal property.
States dangerous for she and children, asks restraint order. Complainant and defendant have two children, a girl age 11 named Lola, girl 9 months named Mattie. 23 December 1902. [Signed] Draper & Stafford, Solicitors; Samantha West
WHEELER, ELIJAH vs BOTTS, WM H. etals
BILL OF COMPLAINT: Elijah Wheeler of Jackson Co, TN against W. H. Botts of State of Kentucky, Leroy Wheeler of the State of Illinois, James E. Wheeler, Thomas Williamson & Robert A. Cox of Jackson Co., TN.
Defendant W. H. Botts was Clerk & Master of Chancery Court on _th Feb 1861, received judgment against one Martha Goodall as Principal and James Draper and defendant James E. Wheeler her securities for $1617.46 and costs, upon a note executed by them to Botts as Clerk & Master as the purchase price of negroes purchased by said Martha Goodall belonging to the estate of her father, and sold by said Botts by court order. No execution of judgment took place until 9 April 1866, when it went into the hands of Jefferson Roberts, then a Jackson Co. Deputy Sheriff, on 15 April 1866, returned nulla bona [no leviable goods] on 30 July 1866.
8 August 1866 an alias execution was issued, and shortly thereafter levied by J. M. Smallwood, deputy sheriff, on a tract of land being the property of James E. Wheeler.
8 August, 1867, defendant Thomas Williamson received a judgment or decree against James E. Wheeler for cost of $20.15 judgment on same tract of land.
Land will be sold on 5 October next unless restrained, located on Flynn's Creek in Jackson Co. Land was not nor is now the property of James E. Wheeler, but of your Orator.
Several years ago, Orator had given property to his son Leroy Wheeler but had never executed a title to it. Defendant on or about 18 December 1845 sold land to James E. Wheeler and took notes payable for the purchase price due June 1849, 1850 & 1851. Before notes were paid off, defendant Leroy Wheeler determined to leave Tennessee and orator purchased the notes from Leroy, executed James E. Wheeler a deed and held notes until 19 March 1865. James E. Wheeler was not able to pay, sold land back to your Orator, deed marked Exhibit B being a true copy, was registered 20 November 1865. Dated 26 Sept 1868. [Signed] Denton & Washburn, Sols; Elijah Wheeler
PETITION BY DEBTOR, JAMES E. WHEELER, UNSECURED CREDITORS:
Name/Residence/Occupation/Year Debt Made/Amount/Purpose
Neil Carver Jackson Co. Farmer 1866 $ 17.00 Cow
Elizabeth Wheeler Jackson Co. 1867 106.00 Not Known
Elizabeth Wheeler Jackson Co. 7/1/60 34.00
Elizabeth Wheeler Jackson Co. 9/18/65 16.05
W. M. McCue Gainesboro Farmer Unk. 25.00 Leather
Joel W. Settle Nashville Farmer Unk. 45.00 Sundries
W. P. Stone Jackson Co. Farmer Unk. 12.00
W. H. Botts Glasgow, KY Unk. 15.00 Lawyer fee
James Draper Gainesboro Farmer 1863 6.50 Calf
Charles Anderson Jackson Co. Farmer 1867 83.94 Mdse
Thos W. King Jackson Co. Farmer 1865 9.00 Leather
W. H. Botts Glasgow, KY 1857 30.00 Sec. for ?Isaac Hines Lawyer Fees
Thomas Hufhines Jackson Co. 9/9/57 64.20
Martha J. Kerby Jackson Co. 4/22/57 74.13
Ben Cox St of Texas 4/22/57 18.11
William Cornwell Jackson Co. Unk. 7.00
R. C. Kirkpatrick Nashville Unk. 15.00
S. Slaughter, Adm J. Young, Jackson Co. 7/12/67 163.19 U.T. Brown & C. Anderson, monthly account
Ben Fox Jackson Co. Unk. 8.95 Bill of Cost,
W. E. Jones Not shown Unk. 15.90 " Cir Ct. "
Robert Goolsby Not shown 1865 5.00 Corn
Alex Ferguson 10.00 Doctor bill
Elijah Wheeler 1867 30.00 Provisions
W. H. Botts Glasgow, KY 13.00 Lawyer fee
J. Y. Beck Near Gainesboro 1861 16.50 Wheat
Richard Woodall 1866 10.00 Services on farm
Elijah Wheeler, Jr. 1867 25.00 Services on farm
Thaxton Carter 1865 10.00 Services on farm
W. M. Raglan 1865 15.00 Borrowed money
DISTRICT COURT OF U. S. FOR MIDDLE TENNESSEE: James E. Wheeler, by
judgment rendered Feby term 1861 for $1617.46. At date of filing, Wheeler owned 160
acres where he then and now lives in Jackson Co., Dist 11 on Flynn's Creek, adjacent
lands of Elizabeth Wheeler & others worth about $1500, which he fraudulently failed to
list as asset in schedule; fraudulently attempted to convey to his father Elijah Wheeler for
debt of $800 in 1865; deed not stamped as required by law. Am informed one of James E. Wheeler's creditors, Peter Polk, Admr of Estate of Wm Vetetoe, paid him a considerable debt of $500 in livestock, giving him preference over other debtors. Dated 16 Nov 1868. s/s R. A. Cox, Creditor
ELIZABETH WHEELER vs MATTHEW WHEELER, etal
BILL OF COMPLAINT: By next friend James Draper, both of Jackson Co., TN against Mathew Wheeler, Pinckney McCarver, William H. Botts and L. A McCarver, Thomas King, Hampton Keith, William Videtoe, Polly Videtoe, William R. Keith, all of Jackson Co., Tennessee except W. H. Botts of Barren Co., KY and Hampton Keith of parts unknown.
Complainant Elizabeth Wheeler is wife of Mathew Wheeler, married [blank], now have eight children, all under age 16, but little property. Mathew Wheeler has no real estate. Elizabeth Wheeler is the daughter of and heir at law of William Keith, deceased, entitled to one-fourth distributive share of deceased father's estate. He died intestate in Jackson Co owning land in Dist 15 on Dry Fork of Martin's Creek, adjacent John Pharris on east; Henderson Williamson on north; A. J. Vantrece and others on the west, being 200 acres.
Nancy Keith, widow of William Keith, has had dower assigned, remainder not partitioned. Elizabeth Wheeler, Hampton Keith, William R. Keith and Polly Videtoe wife of William Videtoe are the only distributees of said deceased.
Defendant Mathew Wheeler is indebted...loaned Pinckney McCarver $1,000, took note with Wm H. Botts and L. A. McCarver as securities. Wm Keith owned personal estate, in hands of Thomas King the Administrator. Asks property from her father's estate be settled solely on her. 13 April 1867. Elizabeth [X] Wheeler, s/s Cora E. Craig, security.
DEPOSITION: William E. Jones, age 35. Pink McCarter and self were hunting. Matt Wheeler found him at the rock fence that divided his and Judith Johnson's property. Wheeler lived at that time about 1 1/2 miles from Flynn's Lick, and had lived there 15 or 20 years, and McCarver had lived there seven years previous to moving where he now lives. 13 July 1868. s/s William E. Jones
DEPOSITION: Tinsley Rhodes, age 48, states heard Matt Wheeler say Pink McCarver had paid him. s/s Tinsley Rhodes
AMENDED BILL OF COMPLAINT: Was not aware the note of Pinck McCarver had been executed to Elijah Wheeler instead of Matthew Wheeler, in trust for his son Matthew Wheeler, since Matt was indebted at the time. 15 May 1867.
[NOTE: This next action appears to be tied to James E. Wheeler's bankruptcy, misfiled]. ANSWER: R. P. Brooks, deceased to Bill of Complaint filed 7 January 1880 by James E. Wheeler against Cox & Brooks.
Suppose it true Elijah Wheeler sold tract to Leroy Wheeler, his son, about the time charged. Leroy took notes only to evidence an advancement by his father Elijah Wheeler...fraud just to get land out of the name of James E. Wheeler to avoid declaring same in bankruptcy. Took the bankrupt law...pretended to sell to his father Elijah Wheeler all or most of his personal property. Elijah Wheeler is now dead. Elijah Wheeler thinking he had pulled James E. Wheeler through bankruptcy, conveyed his son James E. Wheeler real property without any consideration before his death.
John P. Murray had been one of [R. A.] Cox's bondsmen on his official bond. [No date] s/s R. A. Cox, Sol. for Respondents
DEPOSITION: A. H. Hoover, age 55. Got acquainted with James E. and Elijah Wheeler in 1858. James E. is a son of Elijah. Know land in litigation, live about one-half mile. Heard James E. Wheeler say a portion of land across creek he bought from other parties, did not belong to his father, about 15 acres worth about $100. James E. Wheeler claimed land as his until after the war - said he sold to his father. 9 July 1877 s/s A. H. Hoover
DEPOSITION: Charles Hopkins, age 49, acquainted with James E. and Elijah Wheeler since boyhood, lived in the neighborhood the most of the time and [on] the land. 1849 or 1850 I was there, heard nothing said as to who owned the land. James E. Wheeler lived there except a short time, since 1849-50. James E. Wheeler said his father deeded it back to him as his part of his [Elijah's] estate. James E. Wheeler lived on it ever since the close of the war, except one year when Elisha Wheeler lived on it and James E. Wheeler lived with his father. Elijah Wheeler has six children including James E. Wheeler. James E. Wheeler owned negroes before the war, one woman and two boys and some children, I think. 9 July 1877 s/s Charles Hopkins
DEPOSITION: W. M. Ragland, age 67. Am well acquainted with James E. Wheeler, known about 50 years or more, been about his house and in his company frequently since 1848. I am his brother in law. He married my sister. He lived where he now lives since 1850, except one year about 4 or 5 years ago he lived with his father, and on the farm in litigation. Owned 4 or 5 negroes in 1850 until the war...some may have been born after 1850. They were all freed on his lands after the war. He had hogs, horses and cattle. I suppose the soldiers taken the horses during the war. 13 July 1877. s/s W. M. Ragland
DEPOSITION: Wm E. Jones age 43. Known J. E. Wheeler since 1850 and maybe longer. Solvent before the war. Elijah lived about one-half mile from James E. Wheeler. War damaged Jim Wheeler considerably [financially]. s/s W. E. Jones
BILL OF COMPLAINT: James E. Wheeler, a citizen of Jackson Co against
W. H. Botts, a non-resident of Tennessee, John P. Murray, R. A. Cox, Geo. H. Morgan, Asa Johnson, R. P. Brooks, Alvin Cullom Ragland and John Savage Ragland, Peter Paulke, Admr of Estate of William Vittoe, dcd, all of Jackson Co.
A certain tract of land adjacent J. M. Johnson [or Jackson; written above line, hard to decipher], William Norton, Gilky Rogers, Robert Rogers and others. [Blank] 184[blank], Elijah Wheeler was owner, gave to his son Leroy Wheeler, never made him a deed. In 1845, Leroy sold land to your Orator James E. Wheeler who signed notes, couldn't pay, sold land to Elijah Wheeler. Sheriff levied on land as being that of James E. Wheeler, creating cloud on title. On 1 Feb 1869 James E. Wheeler filed bankruptcy. 19 Aug 1872, Elijah Wheeler made James E. Wheeler a deed.
On [blank] day of 185[blank] Howard Ragland died in Jackson Co, leaving Phereby Ragland his widow, Alvin Cullom Ragland, William Trousdale Ragland and John Savage Ragland his heirs. Before Howard Ragland died, he made his nuncupative [oral] will, duly probated and named James E. Wheeler guardian to his three children and his widow, who on [blank] day of 185]blank] married John Keith. That the said John Keith after said marriage took possession of a negro and sold him as his own to Allen Maneer. That afterwards, to wit on the [blank] day of 185[blank] your Orator James E. Wheeler undertook to act and did act as next friend to said three children who were minors and very young. That as next friend James E. Wheeler by his solicitor James W. Draper, filed in Chancery Court a bill against Allen Maneer & John Keith and probably his wife [blank] 1866.
That William Vititoe is dead and Peter Poulk is Administrator.
That William Trousdale [Ragland] died about three years ago, and no one procured to administer, asks cause be dismissed.
ANSWER: James E. Wheeler to a bill of complaint of Elijah Wheeler filed against him, Wm H. Botts, Leroy Wheeler, Thos M. Williamson & R. A. Cox in Chancery Court. Leroy Wheeler on or about 18 December 1845 sold land to Orator, afterward removed to Illinois.
INDENTURE: 18 Dec 1845 Elijah Wheeler of Jackson Co. and James E. Wheeler, sum of $700, 4 tracts or shares in Dist. 11, being 103 acres and 72 poles, bounded as follows: Containing 45 acres and 16 poles off of an original tract of 300 acres belonging to Daniel Ramsey...stake in east boundary line of said Ramsey, and in the west boundary by... M. A. Basham tract where Leroy Wheeler now lives on the south side of his spring branch... Bank of Flynn's Creek... Thomas L. Clemmons northeast corner of his tract of five acres, being part of original 300 acre tract... Joseph Rogers tract to 37 acres which Elijah Wheeler purchased of Joshua Ballard, which tract said Wheeler deeded to M. A. Basham, on which said Basham lived on the 3rd May 1833, to tract where said Basham lived on 11th day of May 183[?6], containing 38 acres and 15 poles being distributional share. Lots 4 & 5 & 6 of M. A. Basham, Polly Basham Brown & wife [sic; ?maybe widow of Marsh Basham?] heirs of Marsh Basham, deceased.
Tract beginning at stake in north boundary line of Sampson Williams, east 30 poles to take at southwest corner Lot 7, thence north to center of Flynn's Creek... corner of Lot 3 said Basham purchased of David Ramsey containing 12 acres, being Lot 7 of said Basham deceased. [Signed] Elijah Wheeler. Test: John K. Sadler, [?] Young. 8 Dec 1845.
ANSWER & CROSS-BILL: R. V. Brooks, Admr of will of R. P. Brooks, decd to Bill of Complaint filed 7 Jan 1880 against W. H. Botts, R. A. Cox & R. P. Brooks & others. Elijah sold land to his son Leroy Wheeler, who sold to James E. Wheeler, deed made about 1845. Notes signed by Leroy were never paid. Leroy concluded to leave the State, the old man gave to Leroy the value of land in money and notes. About 5 Oct 1865, James E. Wheeler deeded the land back to his father Elijah Wheeler. After James E. Wheeler was released from bankruptcy, Elijah deeded land to James E. Wheeler. Elijah Wheeler is now dead. Believe it was an attempt to defraud creditors.
DEPOSITION: A. H. Hoover age 55. Got acquainted with Elijah and James E. Wheeler in 1858. James E. is a son of Elijah. Heard James E. say land on west side of creek from his house was not bought from his father, about 15 acres, worth about $100. James E. Wheeler said he sold his land to his father to pay purchase money. Continued to live in house except one year he lived in the house with his father. That year, his uncle Elisha Wheeler lived on the place in litigation. 9 July 1877. s/s A. H. Hoover
DEPOSITION: Charles Hopkins age 49. Know James E. and Elijah from my boyhood, lived in neighborhood most of the time and on the land. There in 1849 or 1850, heard nothing said as to who owned it. Eligah Wheeler has six children, including James E. Wheeler. 9 July 1877. s/s Charles Hopkins
DEPOSITION: W. M. Ragland 67, known James E. Wheeler 50 years or more, been in company frequently since 1848. He married my sister. He lived since 1850 where he lives now except one year with his father. Owned 4 or 5 slaves, horses, cattle & hogs. Slaves freed on his land after the war, suppose the soldiers took his horses, had but little left after the war. 9 July 1877. s/s W. M. Ragland
DEPOSITION: Wm E. Jones age 43, known James E. since 1850, probably longer. Elijah Wheeler lived within one-half mile. 19 July 1877. s/s W. E. Jones
[NOTE: Next doc maybe filed out of place. Just doesn't look like it "belongs" - mlj].
[NEW - HOWARD RAGLAND, DECEASED]: That on [blank] day of 185[blank] Howard Ragland died in Jackson Co, TN leaving Pheriba Ragland his widow, Alvin Cullom Ragland, William Trousdale Ragland and John Savage Ragland his heirs. Before death, made his will which was duly probated; bequeathed negro man George to his three children and his widow, who on [blank] day/month 185[blank] married John Keith. Said John Keith on his own sold him to Allen Manear. Afterwards Orator James E. Wheeler took to act and did act as next friend to said three children who were minors and very young. On [blank] 185[blank] filed bill in Chancery against Allen Manear & John Keith & probably his wife for the property. That William Vitetoe is dead and Peter Poulk is his Administrator. That William Trousdale died about three years ago and no one can be procured to administer. [No date].
[RETURNS TO BANKRUPTCY]: ANSWER of James E. Wheeler to Bill of Complaint of Elijah Wheeler against him, Wm H. Botts, Leroy Wheeler, Thos M. Williamson & R. A. Cox as Clerk & Master. 14 Feby 1861, judgment was recovered against Martha Goodall, principal and James Draper & Respondent, security for $1617.76. Execution not filed until 6 April 1866 [courts closed during Civil War - mlj]. States land was not his property. Respondent states Complainant several years ago gave property to his son Leroy Wheeler, took notes, but never executed a deed. About 18 December 1845 Leroy Wheeler sold land to Respondent, assumed notes payable annually. Before notes were paid, Leroy Wheeler removed to State of Illinois. Complainant purchased notes from Leroy, held notes to 19 November 1865. Respondent unable to pay notes except by sale of land... executed Complainant a deed. 1 Feby 1869. s/s John L. Washburn, Sol.
J. T. WHEELER, ADMINISTRATOR OF W. C. WHEELER, DECEASED
T. D. West, receipt of wife's share in estate $3.00
D. N. Davis, in full of his pro rata in W. C. Birdwell's estate $3.00
W. W. Wheeler, his share in est of W. C. Wheeler 2-25-1904 15.00
J. B. Wheeler, his share 2-25-1904 15.00
A. O. Birdwell & wife in full of their share 15.00
[?] Birdwell, his pro rata share in est. of W. C. Birdwell $3.00
T. E. Birdwell, gdn of Lena Hannah & Wheeler Birdwell - their share in W. C. Wheeler estate $6.00
Elizabeth Wheeler of Trousdale Co, TN vs Leroy Wheeler of Jackson Co. Married 27 March 1873 in Jackson Co., resided their until May same year, alleges abuse, adultery with one Miss Scye_ _ _ _ F. Anderson, took a trip with her on the steamboats in 1874. Requests maiden name of Elizabeth Putty be restored [no children mentioned]. 15 August 1874. [Signed] Lizzie Wheeler
FINAL DECREE: 19 Sept 1874, causes of cruelty, adultery with Cynthy F. Anderson. Defendant pay costs.
WHEELER, MINERVA vs BROOKS, R. P.
BILL OF COMPLAINT: Minerva Wheeler's father, Caleb Anderson departed life about 21 Aug 1838. Owned negro slaves, woman Aley and her children Henry, Enock & Oliver and another, name not known, and a negro man named Jesse. Father left widow and 10 children, to wit:
Rhoda, wife of Thomas Upchurch.
Jane, wife of William Haney.
Sally, wife of Gillem Upchurch.
William C. Anderson.
Complainant Minerva, afterwards married Hopkins Wheeler [s/o Agnes Wheeler and?].
Elizabeth, afterwards married Hilliard J. Nakins.
Nancy, afterwards married James Parish.
Mary, afterwards married James M. Allard.
October term 1838, R. P. Brooks and Nancy Anderson, the widow, appointed Administrator and Administratrix.
After the death of her father, complainant married Hopkins Wheeler. Richard P. Brooks purchased from said Hopkins Wheeler an undivided interest in slaves, and said Hopkins Wheeler by deed conveyed same to Brooks, recorded Book E P. 422. In February term, 1860, bonds of matrimony were dissolved, she is now a single woman. Nancy Anderson, widow of said Caleb Anderson is dead. Sale of slaves made without knowledge of Oratrix. Dated 9 Nov 1868. [Signed] Quarles, Denton & Washburn, Sols. Minerva [X] Wheeler
WHEELER, MINERVA vs WHEELER, HOPKINS & OTHERS
DEPOSITION: John Skimerhorn for defendant, 20 July 1869, age 54. Knew James Wheeler [Note: Not James E., but James, son of James Wheeler & Agnes McCormack; - mlj]. Knew James Wheeler and Hopkins Wheeler, knew James before he left this county. James was living on land in dispute & claimed it ... a year before he left, & defendant James Wheeler left his family on it when he left here. Was conveyed to him by deed of Hopkins Wheeler and Minerva Wheeler 4 July 1846. James Wheeler was living on and claiming land when Minerva's child was burnt to death. [Signed] John Schermerhorn
DEPOSITION: James Draper, known Hopkins Wheeler since 1834, he was not grown. Known Minerva from birth, think I married them, don't remember date. Took privy examination [statement not coerced to sign deed], had no suspicion she was not of sound mind.
Malachi Meadows is the son of Job Meadows, was raised on the land where his father died adjoining land in controversy, until he moved off a few years before the war, and returned about the commencement of the war. Lived in the neighborhood in 1846. s/s
BILL OF COMPLAINT: Minerva Wheeler against Hopkins Wheeler. Married 3 June 3 1839, were occasionally separated. In 1857 he left, has not lived with her since. Whipped, kicked her. One child in his possession to whom she is attached, she can better raise and educate [child unnamed, but census & documents indicate Leroy Wheeler]. Minerva [X] Wheeler
DEPOSITION: Dosha Anderson, age 52. Known Minerva since she was a little girl, was of sound mind in 1846. Has been 11 or 12 years since Hop came back. Minerva had a child burned to death. Dosha [X] Anderson
DEPOSITION: Charles Meadows, age 56, have known Complainant since she was small. James Wheeler & his family, Agness Wheeler & Minnerva Wheeler was in possession of land in dispute. James Wheeler left this country, can't remember date. Charles [X] Meadows
DEPOSITION: Gillum Upchurch age 51, states Minerva Wheeler was living in Matt Allen's field when her child burned. s/s
AMENDED BILL OF COMPLAINT: Minerva Wheeler of Jackson Co. against
Hopkins Wheeler, James Draper, Pinckney McCarver, Leonidas A. McCarver of said county, Malachi Meadows of Macon Co, TN, and James Wheeler and Milton Draper of the State of Texas.
23 July 1832 James Draper sold & conveyed to her father land on Flynn's Creek... begin at stake on old Ft. Blount Road near head of Hurricane Creek, south to Job Meadows corner, north by Job Meadows 50 acres, to said Anderson's land, to Thompson's west boundary line, being 102 3/4 acres recorded Book D, p. 362. James Draper wrote deed, failed to include "and his heirs".
Caleb Anderson died 21 August 1838. About 25 December 1838, land was partitioned. Complainant is daughter and heir of Caleb. July 1846, in a deranged state of mind, fraudulently executed with husband Hopkins Wheeler a deed to James Wheeler.
James Draper made the same mistake on a deed from Amon Hale to William H. Kirby dated 29 Jan 1842.
Complainant is illiterate, cannot write, signs with X. Has been in possession more than 7 years, from 25 Dec 1838 to 4 July 1846. February 1860, Complainant divorced Hopkins Wheeler. s/s Denton, Washburn & Quarles
ANSWER TO BILL: James Draper states he drew deed, took private exam of Minerva, she signed voluntarily. James Wheeler abandoned land in 1847, no one else set up claim, he sold to Milton Draper, has ever since been in possession of said Milton Draper, and those who held under him. Admits has been reported in neighborhood Complainant was in deranged state of mind, at times a raving maniac. Would rip off clothes & expose herself, curse... unbecoming language... and at times lucid intervals. Was not raving mad when deed signed. States he had best and only title then in existence, Grant 1201 dated 8 May 1829 from State of Tennessee and Grant 1202. Denies she inherited from her father, asks dismissed. 23 Feby 1867.
DESCRIPTION OF LAND TO BE SOLD: [Believe this was misfiled, and should be part of James E. Wheeler's estate administration - mlj]: Lying Jackson Co. both sides of Flynn's Creek. Begin at stake in branch that runs by house where the widow Wheeler now lives, cross said branch, northwardly from where James Wheeler now lives, down Flynn's Creek from J. M. Johnson's line, thence northwest where meeting house now stands to William Norton's line. Estimated 60 acres, same being a part of the James E. Wheeler old tract laid off by agreement with the widow and heirs of James E. Wheeler, deceased, to be sold by Clerk & Master so as to leave balance of farms clear of encumbrances to said widow and children, being about 100 acres. [No date].
ANSWER: Malachi Meadows, true Complainant inherited from her father Caleb Anderson and she and husband conveyed to James Wheeler, denies fraud. James Wheeler is a non-resident, Hopkins Wheeler insolvent. Respondent took deed from Milton Draper 19 Nov 1850. At time of sale, James Draper was in possession under a deed from James Wheeler.
COPY OF DEED: Minerva & Hopkins Wheeler to James Wheeler for $150... begin southwest corner Lot 1 of Anderson tract to east boundary line of Meadows tract, west with his boundary to top of hill... meanders of said hill, being 50 acres. 4 July 1846. Hopkins [X] Wheeler, Minerva Wheeler. Wits: James Draper, James M. Wheeler, Agness Wheeler
DEPOSITION: Agness Wheeler, age about 78 for defendants at dwelling of A. J. Vantrees. Acquainted with parties. She [Minerva] lived on Charles Anderson's land. Hopkins Wheeler & Charles Anderson built the house. Child burned think in February, death of child caused Minerva's derangement. Hopkins and Minerva went to housekeeping a few months after child died, Minerva had a child after they went to housekeeping. James Wheeler lived on land in dispute until he moved to Texas. When Minerva's child died, she went to live with her mother and Hop was living with James Wheeler. When James went to Texas, left family on farm in dispute. The land was sold and Joseph Fitzgerald bid it off and James Wheeler redeemed it. Think Charly Anderson put Minerva up to bringing lawsuit. Heard her say she brought suit for divorce so she could sue for land. Agness [X] Wheeler
AMENDED BILL: Malachi Meadows was citizen of Macon Co., Tennessee. [No date].
ANSWER: Pinkney McCarver, L. A. McCarver, Malachi Meadows. Land possessed by Caleb Anderson at his death 1838. Complainant and her husband owned land prior to passage of act in 1849 prohibiting sale of lands by husband or at execution sales for husband's debts.
DEPOSITION: William C. Anderson, age 41. Minerva's child burnt to death 23 Feb 1846, were living at C. W. Anderson's place. I was there frequently. Her mother and I lived close by in sight. Afterwards signs of weakness of mind, saying she had murdered her child, saying she would dig it up. Deranged before and after 4 July 1846.
I went to Hop Wheeler's a few days after the land was deeded to James Wheeler to see about taking care of Minerva. Hop said we are not going to be pestered with her any longer, and said her own people might take care of her and from that time on she remained at her mother's for about 18 months or something like that, when Hop and her lived together again for some time. Child 3 or 4 years old when it died. Hop and Minerva were together from the latter part of 1847 or 1848 and stayed together until 1857 except when she would take a wild spell. s/s Wm C. Anderson
DEPOSITION: Aletha M. Anderson, age 39. Child burned Feb 1846. Furthest lived from here was 2 1/2 miles, sometimes 250 yards. Minerva prudent, decent before derangement. We are sisters in law. s/s Aletha M. Anderson
DEPOSITION: Thaxton Carter, age 55. Child burned Feb 1846, I saw her about half an hour after. No symptoms then, but week or two later she was crying, hollowing and going on. Lived part of the time 300 yards away, and part 2 1/2 miles. Sometimes she was better than others, don't think her derangement left until about 2 or 3 years ago. 25 Jan 1861. s/s Thackston Carter
DEPOSITION: James E. Wheeler, age 47. Saw Minerva at Nancy Anderson's house. She came in... had been to the graveyard, said she smelt the blue blazes of hell. Hopkins Wheeler was husband of Minerva. Hopkins Wheeler and James Wheeler, to whom the land was conveyed was called brothers. s/s James E. Wheeler
DEPOSITION: Claiborne Jones, age 54. Minerva's child died February or March 1846. Saw her in August, deranged. Hopkins Wheeler was the husband of Minerva. James Wheeler to whom land was conveyed said to be Hopkins' brother. Malachi Meadows lived on land up to last fall. John Rush and a man by the name of Connor live on it now. Bennett Roberts lived on the land this winter. Claiborne [X] Jones
DEPOSITION: Jane Carter, 45. Minerva was attended by Dr. Murry during one spell. She and husband Hop Wheeler lived together after child burned part of the time. Agness Wheeler, the mother of Hopkins, lived with them part of the time. s/s Jane Carter
DEPOSITION: Matilda Meadows, age 18. Knew Malachi and land before he moved off. He said he sold to Lon McCarver. Matilda [her X mark] Meadows
DEPOSITION: Henry Richmond, age 48. [Signed]
DEPOSITION: A. H. Hoover, age 37 or 38. First time I ever saw Minerva was 3-4 years ago, though was not in right mind. s/s A. H. Hoover
ANSWER: James Draper, states Minerva married Hop in June 1839. Hop became involved in debt as security of Randol Gipson, Hopkins Wheeler's land levied upon. James Wheeler traded with Hop for right of redemption in 1845 or 1846. Hop & Minerva leased land from W. C. Anderson. Deed 4 July 1846 was completion of deal and the said James Wheeler having reedeemed... paying his brother Hopkins Wheeler balance of purchase price. About 12 March 1860, being about 14 or 15 years after child was burned, they left their new home and rented of Thomas Upchurch. 20 Jan 1868.
DEPOSITION: Randolph Gipson, age 66. Known Minerva 32 years or more. Lived at Anderson's Mill on Flynn's Creek 4 July 1846. She had a chain about her leg. I told her husband Hop Wheeler I would turn her loose, and he said she would run off & she started in a few minutes after she was turned loose. Saw her expose herself in a crowd of about 100 people at Anderson's mill when they had some man up on counterfeiting. Some of those present were Sine [or Sim] Pippin, James Dyre, William Pippin, Anna Gipson, James W. Hancock, Carrel Dyre, James Draper, Carol Anderson. Was the year they were trying so many counterfeiters at Thaxton Carter's.
Caleb Anderson, father of Minerva, has been dead 25 years or more.
Knew James Wheeler, brother to Hopkins, knew for 3 or 4 years, don't know where he is now. James said he was holding the land to keep James Draper from getting it for a note Draper held on me with Hop as security. Said he'd never paid anything for it. Malachi Meadows told me he sold the land to McCarver. I was absent for about 16 months and came back. McCarver had it when I left and when I came back. s/s Randolph Gipson
DEPOSITION: Dudley B. Haile age 49, known Minerva 40 years, lived about a mile from her in 1846. s/s Dudley B. Haile
DEPOSITION: Hopkins Wheeler, age 51. Defendant James Wheeler and I are brothers. Don't know where he lives now. Understand he lives in Texas. Seen letters from him to my mother. Minerva and I were living on the land when we made the deed to James Wheeler. In making the deed it was to prevent a judgment on an indictment being collected of me. Joab Anderson indicted me and the crime was whipping my wife. Charles Anderson went my security when I was arrested and William Vinson was security for fine and costs. Cannot read writing. After child was burned, we lived together 4 or 5 years, had one child afterwards. Was not guilty of kicking her as charged in divorce, was guilty of other charges. Had to treat Minerva rough to keep her from running back to her mother's. 31 May 1869. Hopkins [X] Wheeler
DEPOSITION: James E. Wheeler, age 55, knew Caleb Anderson, he bought land from James Draper, was there when deed signed. s/s James E. Wheeler
DEPOSITION: Sally Upchurch, lawful age. Knew Hop & Minerva when their child burned, lived 2 or more miles. Child burned 23 Feby 1846 and died next day. Hop and Minerva lived on land in dispute with my mother, and then rented land from Thomas Upchurch. Hopkins Wheeler is my brother. Hop and Minerva had a child born after 1846 and is living. His name is Leroy. Minerva lived at my house in 1849.
Know Malachi Meadows. He was the son of Jobe Meadows. He was raised where Job Meadows lived until he [Job] died. His father's land and this land in dispute joins. Malachi moved off 1860 or 1861. 25 January 1869. Sally [X] Upchurch
Depositions of U.T. Brown, Caleb Anderson, James M. Allard, Thaxton Carter, Wm C. Anderson, R. P. Brooks taken 29 July 1869:
DEPOSITION: U. T. Brown. Known Minerva 25-30 years. s/s
DEPOSITION: Caleb Anderson 33, am brother of Minerva. s/s
DEPOSITION: James M. Allard 40, know land, parties. s/s
DEPOSITION: Thackston Carter [blank age]. Minerva Wheeler lived in Matt Allard's field near Anderson's Mill Feby 1846, then on land in dispute. s/s
DEPOSITION: William C. Anderson, age 50. Minerva not of sound mind 4 July 1846. It came to my knowledge Hop had whipped her that day. I wanted to see the extent of the abuse, stripped her clothes down to her shoulders, about dozen or two times with a switch. First concluded I would whip him, then concluded would indict him. I wanted the indictment to bear the same date as the deed.
April or May 1846 she would get a hoe and say she was going to dig up her child. After 4 July 1846, once she shaved her head close and said she was getting ready to burn in hell. James Wheeler and Hopkins Wheeler were reported [?reputed] half brothers.
James Wheeler and his mother Agness Wheeler and I think Meadow lived on the land in controversy early in 1846. Hopkins Wheeler lived with me in the year 1859. 29 July 1869. s/s Wm C. Anderson
DEPOSITION: Richard P. Brooks, age 63. Have known Minerva since she was a child. Was unsound mind in 1846. When I was a member of Legislature, was on lunatic asylum committee, have been to lunatic asylum in Nashville. Administered her father Caleb Anderson's estate, was afterward guardian of the minor children, among whom was Manerva. Caleb died 1838, lands partitioned December same year. s/s
DEPOSITION: Sally Upchurch. James Wheeler left his family [on the place] when he went to Texas. Mac Meaders moved on before James Wheeler's family moved off and started fixing up. Hop started with James to Texas but did not go. Was raised up from childhood together with Minerva.
James Wheeler never did come back after he went off the first time. They both went off in August and Hop came back the next November come a year. Heard from James three years ago this October coming, was in Texas. Sally [X] Upchurch
WHEELER, S. B. et al vs HOPKINS, CHARLES, et al [Complainants are Susan B. Wheeler, Elizabeth Thompson, Clementine Brown and husband James Brown & Martha M. Haney & her husband. Separate suit by James E. Wheeler vs Charles Hopkins, papers combined in this folder].
DEPOSITIONS: S. B. Wheeler, Elizabeth Thompson, James Brown, C. C. Brown will be taken 27 Dec 1887.
DEPOSITION: Elizabeth [written over "Bettie"] Thomas. My grandfather Elijah Wheeler died 5 Sept 1878. My Zipporah Wheeler's last husband was Charles Hopkins, married Jany 1879. Zipporah has been dead 7 years, died July or August 1880. Grandfather had note of $500 on Wm J. Reeves, notes on W. G. Reeves. My father was appointed Administrator of grandfather's estate, wanted notes so he could wind up estate.
Grandfather moved on Hurricane [Creek] in Feby and died in September following. He moved from my father's place. Before that, he lived on Agee's place, moved to father's place about the first of 1876. s/s Elizabeth Thompson
DEPOSITION: James E. Wheeler, Jr., had note in my possession; Zipporah gave it to me. I am the brother of Complainants. s/s James E. Wheeler
DEPOSITION: Richard Woodall, was 42 on 16 Sept 1887, live Dist 11, occupation farmer & mechanic. Knew Elijah Wheeler about 30 years, lived about mile from him. Elijah said no one had done anything to help him and he wanted Zipporah to have the money. Elizabeth "Bettie" helped wait on him after he got crippled. She staid [sic] with him until he died. After Zipporah taken sick, Elizabeth was there most all the time. Susan and Clementine were back and forth.
DEPOSITION: Charles Hopkins, married Zipporah Jany 1879. Elijah died in fall before I married Zipporah. Was her husband when she died, am now her Administrator. James E. Wheeler senior never commenced suit against Zipporah for the notes. I never went to James E. Wheeler Jr. in Gainesboro saying I wanted to compromise the suit. Zipporah said her grandfather gave the notes to her for taking care of him. Was appointed Adm. of Zipporah's estate shortly after her death; court records Oct 6 & 7, 1880. I took the notes to Reeves before her death, had them renewed in the name of Zipporah Wheeler.
Elizabeth Thompson and her husband visited after I married Zipporah. I was enjoined from collecting Reeves note, but no injunction bond was given. Zipporah died 1st of August 1880. She was buried the day before the election. Elizabeth Thompson and her sisters S. C. and C. Wheeler of Zipporah. Elizabeth was very attentive. Zipporah was sick, weakly, confined to her bed before Elijah died.
Ques: Did she or not die of Consumption a short time after the death of Elijah?
Ans: No sir, she died of fever.
Zipporah had between $400-$500 cash, part gold, part greenbacks. The girls said Zip told them to take it except $50. Martha Wheeler said there was $50 in a pocket book in the bureau drawer. The girls said Zipporah gave it to Martha to keep it for Tom (her little boy). 28 December 1887. s/s Charles Hopkins
DEPOSITION: W. J. Reeves, wrote two notes to Elijah Wheeler, one for $300 dated 22 Mar 1876 and other for $199.50 dated 18 Aug 1876. Gave Charles Hopkins a note for $519.40 payable to Zipporah Wheeler, and he gave me the other two notes back on 1 Jany 1879. T. M. Gailbreath wrote the notes at my house. Benn making payment to Charles Hopkins, beginning 10 Feb 1881, last one was 14 March 1883. J. J. Brown owed Elijah Wheeler money and I owed J. J. Brown, and I made the notes to Elijah. s/s
DEPOSITION: Elizabeth Thompson. Elijah Wheeler was my grandfather and Zipora Wheeler was my sister. Known William Young about 13 years. Grandfather lived on my father's farm the last year or so of his life, before that on William Agee's farm and on Joshua Haile's farm near Flynn's Lick. Zippora and Martha Wheeler and Susan B. Wheeler waited on him the last years of his life. Elijah held notes on William Reeves and William Young. Gave the Young note to Zippora and Reeves note to us four girls; S. B. Wheeler, Elizabeth Wheeler now Elizabeth Thompson, Martha Wheeler now Martha Haney, Clementine Brown then Clementine Wheeler, to get $100 each of Reeves note. It was when he lived on James E. Wheeler's farm in 1876 and 1877. He said he wanted Zipora to collect the money for us four girls as we were minors at the time. Also gave Zipora $200 in gold... said $100 for her and $100 for Zipora's boy.
Elijah was supposed to be near 100 years old when he did, he did not know his age exactly. Was a widower for many years, had a great deal of sickness, helpless a great deal of the time, had to be lifted about like a child. He lived with Zipora at that time and us girls waited upon him a great deal of the time. Zipora was a widow for nearly three years lacking from September until January. About seven months she was not able to do anything, and we waited on her and grand father. My father had sued for the notes as Administrator of Elijah Wheeler and Zipora said in our presence and in the presence of her husband she could not collect the note for us until the suit was over. Reeves wanted to pay off the note by trading her some land where Shelby Dudney now lives. This was before she married Mr. Hopkins, and she said the note was ours. I am married, and have been for about 9 years. My husband abandoned me about seven years ago and never returned... don't know his whereabouts. 24 August 1887. s/s Elizabeth Thompson
DEPOSITION: Susan B. Wheeler [blank] years. I am a grand daughter of Elijah Wheeler. Zipporah Hopkins, formerly Zipporah Wheeler, now deceased, was my sister. Elijah Wheeler's wife died 15 or 20 years ago, and he lived the balance of his life a widower until very old and helpless.
Zipporah said if she bought land from Mr. Reeves she would pay our $100 each out of the Young note. This was before she married Mr. Hopkins. Brother Jim went and looked at the land for her.
Zipporah said she knew she was going to die and wanted to get the money away from there, said Mr. Hopkins didn't know about the money and she wasn't going to tell him because he would drink it up if he could get hold of it, said she had tried him with $10 and he drank that up. The gold she wanted put on interest for Thomas Wheeler, her son. There was $281 of gold and $140 greenback. She wanted us to use the greenback to buy clothes for Tom. The money was carried away by my sister Martha three or four weeks before Zipporah died... left $50 some odd, told Mr. Hopkins where it was and to go and get it. I never got any part of the money or notes. Guess Thompson [James, husband of Elizabeth Wheeler] got it as it was gone. 24 Aug 1887. s/s Susan B. Wheeler
DEPOSITION: John J. Brown, age 75. Knew Elijah before he died, known William Reeves 13-14 years, sold him land in 1873 or 1874 for $1500. s/s John [X] J. Brown
DEPOSITION: James E. Wheeler, Jr. age 32. Elijah Wheeler was my grandfather, died about 1878. Elijah said he had given my four youngest sisters out of the note and remainder to Zipora Wheeler's little boy. s/s James E. Wheeler, Jr.
DEPOSITION: Know William Young. After I filed a bill for the notes, told him to pay the Clerk & Master. 24 August 1887. s/s James E. Wheeler
ANSWER: Charles Hopkins, to Bill of Complaint filed by James E. Wheeler. For a long time before Elijah Wheeler's death, his grand daughter Zipporah lived with him. Elijah's son James E. Wheeler abandoned the old man at the age of 90 odd years. Doesn't know how much gold Elijah had or pension he drew. Denies Zipporah had any undue influence, suppose she had some. Elijah gave Zipporah all the notes as her absolute property, said that he had given his children all he intended. Also gave Zipporah a considerable amount of money which was taken away by a daughter of Complainant and suppose it was money appropriated by Defendant James Thompson. Believes money was taken after the death of his wife feloniously. Respondent admits he is poor and hard run. Respondent states the charge he is a drunk is false, that he drinks more intoxicating liquer [sic] than he ought, but that is his misfortune and presents no ground for recovery against him... has as much right as Complainant claims his to be - holding himself out as a minister of the Christian religion.
Elijah Wheeler lived with said Zipporah five or six years in the lifetime of her first husband Elijah Wheeler, Jr. [her first cousin, a son of Elisha Wheeler and Margaret Putty]. Her grand father Elijah continued to live with her to his death September 1878. Zipporah died August 1880 and this suit was brought September 1880, one month after her death, indirectly charging his own daughter with fraud.
Asks this be filed as Cross-bill against James E. Wheeler & James Thompson. 25 Oct 1880. s/s Morgan & Butler, Sols. s/s Charles Hopkins
INVENTORY OF ZIPPORAH HOPKINS' ESTATE: Includes several notes on various individuals, including those previously mentioned.
DECREE: James E. Wheeler vs Charles Hopkins, Supreme Court of State of Tennessee awards notes on W. S. Johnson and William Young to Charles Hopkins. William Reeves note to Charles Hopkins, but Susan B. Wheeler, et al may bring action to recover. James E. Wheeler, as Administrator to have balance of notes and personal property that went into the hands of Zipporah Wheeler, and to pay costs of this filing.
REPORT OF JACKSON CO. CLERK & MASTER: Elijah Wheeler died September 1878 age 93. Two years before he died, his grand daughter lived with him and waited on him. When he died, money and notes were left in her possession. She soon married Charles Hopkins and survived only about one year.
DEPOSITION: James M. Johnson, know parties, knew Elijah Wheeler. Lived Whites Bend near mouth of Flynn's Creek, moved there 1874. Lived on Roaring River about 12 years ago. s/s James M. Johnson
DEPOSITION: W. J. Young, know parties, knew Elijah Wheeler. Elijah told me he had given Zipporah, who afterwards married Charles Hopkins, my notes. Think in September, don't remember the year. LeRoy Wheeler had come in to see his father and came over to my house to see if I had any money I could pay his father. I went over to let the old man know I could not get any & LeRoy had gone. The old man told me he had given LeRoy a note on Mr. Durham and one on Carroll Anderson and some money he had on hand and that would make him up with the balance of his children.
Elijah said he made a bargain with Zipporah that if she didn't marry and takes care of me the balance is hers - think was 1877 or 1878. I paid Zipporah $52.50. Following April went to see Zipporah who was then sick, paid Elijah and he went over to Zipporah who was sitting up in bed and said either "Isn't this prettier than Hopkins", or "prettier than any man". Elijah weighed about 175 pounds, was a man of high temper and stubborn, if he ever got insulted, he never got over it hardly.
Elijah the husband of Zipporah was living on the place where I now live on, with the old man. He stayed with Zipporah and her husband until her husband [young Elijah Wheeler] died, then went to James E. Wheeler's and stayed there. He went to Hurricane Branch and died there.
Elijah the husband of Zipporah had but little property, said to have consumption of which he died. Zip and Elijah her husband moved out on the ridge near Talley's Hollow to see if it would improve his health and to have Dr. Robison to wait on him. Young Elijah had a small crop at the lick, didn't tend it himself, think Tip Wheeler was there and worked some. The old man Elijah Wheeler had a wife and raised a family but I never saw any of them but James E., Leroy and Mat. The old man before he died said he was about 86 or 87. His brother Elisha said he was about 93 when he died. Zippora's sisters stayed during her sickness and after the old man's death, until she married Charles Hopkins. [Signed] W. J. Young
DEPOSITION: Mrs. Nancy Young, went with my husband to make payment on the note. Mr. Hopkins' present wife is my sister. [Signed] Nancy Young
DEPOSITION: C. H. Upchurch, knew Elijah and Zipora Wheeler. July 1882. s/s
ANSWER: James E. Wheeler to Cross-Bill of Charles Hopkins. Respondent states that [blank] 1873, after the death of Elijah Wheeler's wife, Elijah asked to move in with Respondent... took care of father Elijah as long as his father allowed him to do so. Father was old and childish and had whims. Respondent and his minor children did take care of him. Respondent was not present when his father died, believing his presence would make his father worse. Respondent was ready to do more, and would have if his offer would have been accepted. His father became estranged of him. Respondent kept his father's fences repaired, did other work.
Zipporah Wheeler was poor, married a poor man she knew had consumption. Her grand father kept them up at great expense to himself, and continued after the death of Zipporah's husband. Zipporah did not have a contract with him, and expected no pay. Respondent's father was stout and able to get about until 9 days of his death. Father resisted Respondent's help... minor daughters waited on him, and Zipporah, too. Zipporah was effect [affected] a great deal of the time with a female disease.
Elijah fell out with Respondent over a lawsuit in Gainesboro Chancery court. July 1882. s/s James E. Wheeler
DEPOSITION: James E. Wheeler, Jr. age 27. Sold grandfather Elijah Wheeler two bushels of wheat at $2 per bushel, took to the mill for him, had it ground to flour, took it back to him and he got mad because there wasn't 40 pounds per bushel and wanted me to sell it to him at 3 cents a pound - was about 60 pounds. The old man did not live at Zippora's all the time, he lived at my father's some.
Mat Wheeler, a brother of father's, came on a visit. Elijah claimed to be 87 at his death.
Leroy Wheeler, a son of said Elijah and a brother of J. E. Wheeler came on a visit. Complainant is my father, live less than a mile. 8 March 1883. s/s James E. Wheeler
DEPOSITION: Joshua Haile, Sr. age 68. March 10, 1883. s/s Joshua Haile
DEPOSITION: William Agee, age 51, was with the old man when he died and helped lay him out. 10 March 1883. s/s William Agee
Request for road from Brook's Ferry to residence of Clarke Sadler, 2nd District, Highland, Jackson Co. If road is built, Asa Wheeler and his mother Elizabeth Wheeler propose to give a road and fence it through their property, about a mile. [Names of numerous families whose property the road would run through/abut; names of petitioners]. 4 October 1915. s/s George Jones
WHITAKER, D. L. et al vs BREWINGTON, J. K. P.
ANSWER: J. K. P. Brewington, William Brewington and James Ward to Bill of Complaint of D. L. Whitaker & others. Thina Brewington died intestate. In her lifetime, conveyed all real and personal property to her daughter Elizabeth, who afterward married James Ward. Personal property divided between Elizabeth's brothers and sisters and their children. Three acres and store house purchased by J. K. P. Brewington from Thina Brewington during her lifetime. s/s J. K. P. Brewington, W. W. Brewington, [?]Wm Ward
BILL OF COMPLAINT: D. L. Whitaker, John L. Whitaker, Steve Whitaker, also Serelda Whitaker, Vance Whitaker and Lee Whitaker, last three minors by next friend J. C. Whitaker, all of Putnam Co. against
J. K. P. Brewington, Wm Brewington & James Ward of Jackson Co., TN.
[blank] June 1890, Thena Brewington died in Jackson Co. testate. Special beneficiaries did not survive to reap benefits. Complainants are the only children of Alta Whitaker who married J. C. Whitaker. She was a daughter of said Thina Brewington, Complainants being grand children of Thina Brewington who died seized and possessed of property in Dist 12, Jackson Co. on Shepherdsville Road... John Petty's west line... William Davidson line... to tract known as Sarah Davidson dower line. Dated March 1894. s/s J. C. [X] Whitaker
S. A. Lee [First initial here looks like "I" or "J", but in ever other instance is clearly "S", and is called "Sam" - mlj] died intestate in Jackson Co. 11 Jan 1895 at the home of Jas Whitaker in Dist. 1 of said county. W. H. Lee on 4 Feb 1895 qualified as Administrator.
DEPOSITION: J. H. Chaffin, was County Clerk from Sept 1886 to Sept 1894. Issued tippling license to J. M. Whitaker May 3, 1894, did not pay. S. A. Lee was security for license, $75.00 and fees $1.25. J. W. Cason was the other security... was insolvent, collected from S. A. Lee's estate about 7 March 1896. J. M. Whittaker's wife Emaline was not in any way Chaffin knew of interested in [had an interest in] the liquer [sic] business. s/s J. H. Chaffin
DEPOSITION: J. L. Sutton, sold J. M. Whitaker & wife Emaline a cow while they lived at the lower ferry. S. A. Lee living with them at the time. Don't think it was a great while before S. A. Lee died. J. L. [X] Sutton
DEPOSITION: Z. M. Young, know Jas Whitaker & wife Emaline, knew S. A. Lee. He died 11 Jan 1895. s/s Z. M. Young
DEPOSITION: James Cason, 49, know parties. S. A. Lee died January 1895, while living with Whittaker & wife. Lee couldn't write his name. Emaline Whitaker had some of Lee's papers, don't know if they were given to A. H. Lee, Administrator after his death. s/s J. W. Cason
DEPOSITION: H. H. Herod, lawful age, knew S. A. Lee very intimately. Sam told me [about paying rent]. Bill Whitaker & Sam told me he was letting Jim Whitaker have mule bought from Bill Whitaker. s/s H. H. Herod
DEPOSITION: John Mainor, lawful age. Know parties to suit. Lived at Lee's Landing, mouth of Jennings Creek. s/s J. H. Mainor
DEPOSITION: David E. Buckhanon. Know parties. Was 23 the 6th day of this mo. (Aug 1898). Moved to neighborhood of Lee's farm in 1890 on to the Herrin place, moved from the Botts place above the Big Spring. Known Em [Whitaker] most of my life, and Jim about 10 years. F. P. Buckhanon (my father) and I had talk about case. Am a son of F. P. Buckhanan who has given a deposition. s/s D. E. Buchanan
DEPOSITION: William W. Buchanan, age 27. Know parties. Father bought mules from Whitaker in 1893 or 94. Am son of F. P. Buchanan. s/s William W. Buchanan
DEPOSITION: Samauel [sic] M. [or W.] Tinsley, age 42. S_____ Tinsley
DEPOSITION: M. J. Dixon, live Gainesboro, occupation lawyer. Was employed by James Whitaker to represent him in a divorce case filed by his wife Emaline, about Jany 1896. At first they compromised the alimony and then got together & the whole thing was settled. Mule and horse were purchased by means she received from her father's estate. She alleged he squandered... Carroll Brewington & Emaline Whitaker wanted us to do something about [enjoining mules from being sold for Jim's debts]. W. D. "Carroll" Brewington was active in looking after Emaline. Was present for part of trial of Emiline Whitaker vs J. R. Darwin held before L. K. Smith in the Fall, before Sam Lee died in the winter. Docket shows date of trial 24 Nov 1894. s/s M. J. Dixon
DEPOSITION: Mary Buckhanan, will be 51 next April 1893. Lived on Harris' land about 3/4 mile from Emaline & James Whitaker, & in 1894 about 2 miles on Sam Lee's farm. My son is David E. Buchanon. Mary [X] Buckhanan
DEPOSITION: S. S. Myres, age 56. Knew parties. Heard from Pierce Buchanan about Jim selling Pierce some mules and a log wagon. 3 Sept 1898. s/s S. S. Myres
DEPOSITION: W. H. Young, 54, character testimony. s/s W. H. Young
DEPOSITION: W. L. Gore, heard W. C. Brewington was indicted for lewdness with [blank] Hix, now his present wife. 3 Sept. 1898. s/s W. L. Gore
DEPOSITION: F. P. Buchanan age 46. 1892 lived on Robert Herrin place, 1st District. Moved there from Burris place, forks of creek above Whitleyville, lived there in 1891. Question: Where were you living in June of 1891 when Maj. W. H. Botts died? Answer: If he died in June, lived on the Burris place.
Question: What all have you been indicted for? Answer: Selling whiskey & knocking John Taylor in the head in a fight.
Question: Larceny? Answer: No. They arrested me for saying I knocked some brands out of some logs, was not a true bill.
Question: Murder in Overton Co.? Answer: No.
Question: Benn in State Penitentiary? Answer: 1 day and 2 nights, jail in Gainesboro three times for selling whiskey, and when I knocked Taylor in the head and before they started with me to Nashville. s/s F. P. Buchanan
DEPOSITION: G. W. Beachboard. Know parties. I and Jim Whitaker are 2nd cousins. Boarded with Jim & Emaline Whitaker about two weeks when I was working near them building a rock fence for Ban Murray. Jim & Em accused each other of running through money from their part of the estate. 13 September 1898. G. W. [X] Beechboard
DEED: To S. A. Lee from Emaline Whitaker. Begin at corner of S. A. Lee's share of V. C. Lee lands, bank of Cumberland River to William Harvey Lee's corner... stake in public road from Gainesboro, up Jennings Creek, about 37 3/4 acres.
Second Tract: ...stake at S. A. Lee's corner, public road from Gainesboro, up Jennings Creek... to M. A. Herod's line to H [can't read] corner, to the Buckanon corner now owned by Botts heirs, being our shares in landed estate of V. C. Lee, deceased. See Minute Docket E, pages 334, 335, 336, 337. Also our interest in homestead of Elizabeth Lee in said land, being 1/3 interest. J. M. [X] Whitaker, s/s Emelie Whitaker. Dated 11 October 1892.
DEPOSITION: Emmeline Whitaker, am Complainant. My father was Vance C. Lee. Am the wife of James Whitaker. Owned land inherited from my father. After father and mother died, it was divided by Court order. Brother Sam - S. A. Lee [delivered land notes]. Sam died 12 Jany 1895. Was living at our house at the mouth of Doe Creek, for about a year. s/s Emline Whiticker
Adjourned to July 28, 1898.
DEPOSITION: J. P. Flatt, know parties except J. M. G. York. James Whitaker's wife is my first cousin, and James Whitaker is my sister's child.
When James Whitaker and wife occupied Lee farm, I was living part of time at Mr. Spivys and part of time at W. H. Lee's. When I left W. H. Lee's, I went to Kentucky and moved back, and went over to P[can't read] Tinsley's and made a crop. Now live on Mr. _ _ _ _oiley Keith's farm in 4th District. s/s J. P. Flatt
DEPOSITION: W. C. Brewington [Nothing new, signed with 'X' - mlj].
DEPOSITION: Jess Whittaker, am a cousin to Jim Whitaker.
DEPOSITION: David Brummett Lock. I will have been married four years the last day of next January. Was working in Sumner County the year previous to my married, about 50-60 miles from Jackson County, think in Spring 1894. s/s J. B. Lock
DEPOSITION: William York, am a defendant, and a defendant of lawsuit, Bank of Granville vs Wm York, et al, filed March 25, 1896. Am guardian of J. M. G. York. Bought the V. C. Lee place. s/s Wm York
DEPOSITION: W. H. Lee, live Jennings Creek. S. A. Lee was my brother and Emeline Whitaker is my sister. Am Administrator of S. A. Lee estate. Bowen A. Butler was the attorney who assisted in winding up estate. Don't think Pierce Buchanan should be given full credit in a court of law. Dore Buchanan a little more credit. He hasn't done as much as F. P. Buchanan. 22 August 1898 s/s W. H. Lee
DEPOSITION: James Whitaker, Emaline Whitaker is my wife. S. A. Lee lived with us most of the time from his mother's death until he died, think about October 1892 until he died in January 1895. Don't know for certain. Think some time after I sold [interest in estate] to him. James [X] Whitaker
BILL OF COMPLAINT: Emaline & J. M. Whittaker of Jackson Co., TN against Estate of S. A. Lee, deceased, Wm. York as guardian of J. M. G. York a minor, and J. M. G. York, all of Jackson Co., TN. Complainant owned land, sold to S. A. Lee, who sold to John M. Gipson York, a minor, with W. H. Lee as his guardian.
BILL OF DIVORCE: Emaline Whitaker vs James Whitaker. Married Jackson Co. 7 Apr 1889. Alleges abuse. Slapped, knocked down with fists, drew a rifle and would have killed her if not for Amos Whitaker. Jesse Whitaker, a cousin of Defendant... 22 January 1896. s/s Emaline Whitaker
End of Reel #124
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