The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm
WITCHER, W. HOGAN
McKAUGHAN, WILLIAM D. etal
ANSWER: Phillip Long to Bill of Complaint of William H. Witcher & others. States property sold for its value. [No date] s/s Phillip M. Long
DEED: I, John M. Richmond, do transfer and convey to Richard York Tract #16, Jackson Co., on Hensley's Creek...northwest corner of George Jenkins 800 acre tract. Dated 21 August 1857. Test: S. W. Cassetty, T. H. Butler s/s John M. Richmond
Jo Eaton vs G. M. McWhorter, etals, G. M. McWhorter answers: As Administrator of David K. Witcher who died intestate, never had any funds arising from sale of realty. Real estate sold by Circuit Court order, which handled distribution. Was appointed Administrator in 1845. In 1848 or 1849 the Bank sued as Administrator for note drawn by Witcher endorsed by Plaintiff Eaton, Wm P. Witcher & Merlin Young. Respondent pleaded statute of limitations. Respondent paid Wm P. Witcher his share of said estate and also as guardian the shares of Jesse J. Witcher, Tandy W. Witcher & Martha F. Witcher. Paid to David Griffith, guardian, the share of Hogan Witcher. Paid the shares of Henry & Jane to them respectively. Daniel G. Witcher overpurchased his share at the sale of the personal estate. A share in the personalty was $42.48, as follows:
Wm P. Witcher $42.48.
Wm. P. Witcher, guardian of Martha Witcher $42.48
Wm. P. Witcher, guardian of Jesse Witcher $42.48.
Wm. P. Witcher, guardian of Tandy M. Witcher $42.48.
Henry Witcher, $42.48.
Jane Witcher $42.48.
G. Griffith, guardian of Hogin Witcher $42.48.
Daniel G. Witcher by purchase $42.48. Total $339.84.
Respondent asks to be dismissed. [Signed] P. H. Leslie, Sol.
DEPOSITIONS: Moses Grisam, Elizabeth Kirby and John B. Kirby taken at Red Spring, Macon Co., TN, 30 Jan 1857, in presence of ___ ?DeWitt, A. W. DeWitt for Cpts and W. P. Witcher for defts:
MOSES GRISAM about 66, owned Daniel K. Witcher at his death by note about $32, paid to William P. Witcher in 1847, after the death of Daniel Witcher. Paid in a horse that had but one eye.
ELIZABETH KIRBY about 55. Known T. W. Witcher since he was born. He will be 24 in March 1857, know it by the age of one of my own sons, Wm Kirby, will be 24 years old on the 25th day of next March. T. W. Witcher is about one week the oldest. Myself and the mother of T. W. Witcher were sister in laws, and lived in three miles of each other at the time Complainant T. W. Witcher was born in 1833. Elizabeth [X] Kirby
J. B. KIRBY about 58, states in Aug or Sept 1854 T. W. Witcher was age 21, said he was going to see defendants and get what was coming to him from his father's estate. Moses Grissam was insolvent in 1847. I am Uncle of T. W. Witcher and W. P. Witcher. [Signed] J. B. Kirby
BILL OF COMPLAINT: James M. Witcher and Tandy W. Witcher, of Jackson Co. against George M. McWhorter of Jackson Co., Admr of Daniel K. Witcher, and William P. Witcher of State of Kentucky. Daniel K. Witcher died in Jackson Co. about September 1845, personal property and real estate in Jackson and Macon Cos, TN. William P. Witcher appropriated notes to own use.
Moses Grissum owned about $70, Tally ?Brichouse about $10, Green Kirby about $100. [Signed] Turney & Murray, Solicitors
PETITION TO COURT: 4 November 1850, petitioners William P. Witcher, Jane Witcher, Hogan Witcher, Jesse Witcher, Martha Witcher, last four by guardian William P. Witcher; James H. Witcher by guardian John M. Dixon, Tandy K. Witcher by his guardian Tandy K. Witcher [sic] and George M. McWhorter represents to your honor that Daniel K. Witcher departed this life intestate in said county leaving petitioners except Geo M. McWhorter who is his Administrator, and Daniel G. Witcher his heirs and distributees. That since the death of Daniel K. Witcher, said Daniel G. Witcher has also departed this life intestate, leaving a wife Nancy Witcher and an infant daughter whose name is not known to petitioners...believes that the child is not yet named.
DEPOSITION: William P. Witcher, about 37, was not guardian of Complainant Hogan Witcher. David Griffith was then his guardian and had loaned me Hogan Witcher's means, and when he reached 21 I paid him all the money due.
I was the guardian of my brother Jesse Witcher.
I am now and have been for 10-12 years the guardian of my sister Martha Witcher. She was age 20 on the 20th day of February last.
William D. McCoin farm, formerly Daniel K. Witcher farm, contains about 50 or 60 acres, mostly rolling, 20 acres or more too rocky to cultivate, 8-10 acres of bottom land.
I am the brother of Hogan, Jesse & Martha Witcher. Hogan I think is 26 years old. Dated 31 July 1860. s/s W. P. Witcher
SUIT DISMISSED: W. H. Witcher, Jessie Witcher, Martha T. Witcher vs W. D. McKaughan & others, 15 March 1876. Costs split.
POWER OF ATTORNEY: I, William Rody, authorized Ensla Wilmore to make a General Warranty deed for land in Jackson Co., East fork of Jennings Creek, Dist. 16. Dated 13 Sept 1832. [Signed] Wm Roddy
BILL OF COMPLAINT: William Hogan Witcher, Jesse J. Witcher, Martha H. Witcher by her next friend William H. Witcher, Martha G. Witcher by her next friend Nancy Witcher, all of Jackson Co., TN, except Jesse J. Witcher who resides in Baron [sic] Co, KY, against
William D. McKaughan, Mulkey Long, James W. Draper, Jameson Brown & his wife Jane Brown, Richard York, citizens of Jackson Co; William P. Witcher of Monroe Co, KY, Matthew R. Morrel of Missouri, William Roddy of Illinois, George M. McWhirter of the State of Texas, John M. Richmond of Macon Co, TN, James H. Witcher of State of Mississippi, Tandy K. Witcher of State of KY, defendants.
In 1848 or 1849, Daniel K. Witcher died in Jackson Co, TN, George M. McWhirter appointed Administrator. Complainants Jesse J. and Martha H. and defendant William P., James H., Tandy K. and Jane Witcher who had intermarried with defendant Jameson Brown, and Daniel Witcher who is now dead, leaving one daughter Martha G. Witcher a minor as his only heirs.
Purchasers of land of Daniel K. Witcher, deceased in Jackson Co, TN were Matthew R. Morrell, John M. Richmond and William Roddy. Complainants were young, think proceedings irregular, seek relief. [No date. W. H. Botts, Clerk & Master of Jackson Co, attests this is a true copy of original].
ANSWER: John M. Richmond states land sold by decree of court November 1849, confirmed 5 July 1850. Respondent purchased one tract belonging to Daniel K. Witcher, deceased, about 100 acres for $45 on Henly Creek. Property at time was unimproved, worth but little. 27 Sept 1857. [Signed] John M. Richmond
ANSWER: Richard York states he bought real estate which sold at public auction for more than minimum bid, but did not buy at the auction; that he bought from John M. Richmond 21 Aug 1857 for $60. Dated 30 Oct 1859. Richard [X] York
ANSWER: Phillip M. Long states that on or about 30 June 1856, he bought land for $200 on notes from William Rody, who bought it at sale. Dated November 1859. [Signed] Phillip M. Long
ANSWER: William D. McCoin to bill of complaint, states he and James P. McCoin bought land 15 Jan 1853 from Mathew R. Morrel, George M. McWhirter and William P. Witcher, paid $500. Dated 12 Sep 1859.
DEPOSITIONS RE VALUE OF LAND, June 1860: Elisha Saunders 44, "McCoin place has been a sickly place"; Joseph Hix about 26; Louis Hix age 44; Ensley Willmore [no age]; T. C. Quarles [no age]; James Carnahan 57, James W. Draper 56 states "would not live on McKaughan place with my family, would not live on it through the summer season".
BILL OF COMPLAINT: William Hogan Witcher, Jesse J. Witcher and Martha F. Witcher by next friend William H. Witcher; Martha G. Witcher by next friend Nancy Witcher, against
William D. McKaughan, Mulkey Long, James W. Draper, Jemmerson Brown & wife Jane Brown and Richard York of Jackson Co., TN; William P. Witcher of Monroe Co, KY, Matthew R. Morrel of MO, William Roddy of ILL, John M. Richmond of Macon Co., TN, James H. Witcher of MS. [No date] Cox & Draper, Sol.
ANSWER: Phillip M. Long sold to James W. Draper for $200 land in Dist 13 on Jennings Creek, being 50 acres, formerly belonging to Daniel K. Witcher. 30 June 1856. Phillip M. [X] Long
Estate Settlement, Daniel K. Witcher, deceased, with Sampson Cassetty, Clerk, Jackson Co., TN, 1st Monday in March, 1853. Included receipts for property tax for years 1845 through 1849 inclusive.
*[NOTE: The file folder read "Elizabeth Wolf vs George W. Wolf 1853", but there appear to be two couples surnamed Wolf whose files were combined - mlj]
FANNY WOLF vs JAMES M. WOLF: Married in Jackson Co, Tennessee about 16 years ago, resided same since then. Defendant without cause left, has beat her with his fists. On account of her children, had borne inhumane treatment. Called her ugly, abusive epithets. He left 10 October 1861, unprovided for. Dated 16 October 1861.
WOLF, GEORGE W. WOLF & ELIZABETH WOLF
SPURLOCK, JAMES A. & MANEAR, ALLEN
DEPOSITION: John Keith about age 30, has known George W. and Elizabeth Wolf. James A. Manear is deceased. George W. and Elizabeth Wolf separated for seven or eight years, maybe more. When separated, George lived part of time in Jackson County, part out. Elizabeth lived on dry fork of Martin's Creek, got a good deal of support from James A. Manear in his lifetime. Don't know who brought Elizabeth from the mountain to this county. Keith states he lived with Manear four or five years. Manear supported Elizabeth Wolfe after George left.
When Elizabeth came from the mountain, she lived where old man Spurlock now lives, about one season, then moved over a quarter mile and cropped with Manier on land Manier had in culvation.
Elizabeth had two boys, two girls and one grandchild, and was tolerable industrious. One of the boys was old enough to plough when she came down from the mountain. Henderson Wolf married after they came from the mountain. Henderson was under 21 living with his mother and James A. Manier, and was a hand in driving hogs to market, received $7.00 a month and was gone two months lacking a day or two, was married and living to himself on Spurlock's place.
James A. Manier was the reputed father of the grandchild of Elizabeth Wolf and provisions furnished by Manier were for support of the child and its mother. The mother of the child was dead, but the child was living with Elizabeth Wolf.
Does not know if George and Henderson Wolf worked for themselves or their mother.
[Signed] John B. Keith
DEPOSITION: John Pharis, age 53, states Elizabeth Wolf and her husband first parted on the mountain, do not know who left the other. He left her a horse, later carried off the two cows... I traded for the horse from her for $18 and some corn, carried the corn to her and her son George. When she first came here, she lived on land owned by Leroy Settle or Squire Pharris where old man Spurlock now lives, then another place on the same tract, then over on Big Branch at the pigeon Roost, then a while at Isham Pharrises. After that at Burton on Andrew McClelland's land, then a while where Nathan Huff now lives. Then she stayed at James Manear's a while with her son ["Matthew" marked through] Mat, then off and on with James Manear until he died. George W. Wolf, husband of Elizabeth, let their daughter Mariah Manear wife of James A. Manear have the cows at a cheap price. [John Pharris mentioned "Uncle James Pharris" in passing, cannot read details - mlj]. [Signed] John Pharris
DEPOSITION: Adam Polk about age 25, states Elizabeth Wolf lived on James A. Manier's land 3 or 4 years. Thinks Manier went on a trip to Nashville or to Hickman Co, knows he went to Duck River on business for Elizabeth Wolf. States George W. Wolf may have given his daughter money to buy shoes, gave his son George a dollar or two.
DEPOSITION: Isam Pharris about 47. Elizabeth Wolf lived on my land about a year after she and her husband separated. I and my wife hired her and her children, paid in provisions. Mr. Wolf furnished her a milk cow, visited her often and never came without bringing something for her and the children. Isam [X] Pharris
DEPOSITION: Littleton C. Collier, about 52, known Elizabeth Wolf about seven years, know James Pharris, James A. Spurlock. Littleton C. [X] Collier
DEPOSITION: Leonard Huff, about 41. George W. Wolf, Elizabeth's husband, gone some two or three years. Understand he took some of his children off with him at one time to send them to school. Leonard [X] Huff
DEPOSITION: James M. Wolf, age about 30, states "My mother Elizabeth Wolf came to my house in the Fall of 1849, lived there about 14 months... have seen my father at my mother's frequently while they were separated. My brother George made a crop with Allen Manier.... I was not in White County when they separated, must be some 13 or 14 years since they separated. When they separated, mother came to this county, first lived in a house on the road to Josiah Spurlock's. Do not know if J. A. Manear, deceased moved my mother here. My sister Martha lived there, did the cooking. At the time Manier died she was living at her mother's. She did quit Manear's... she married Mr. Savannah, I take him to be a gentleman, before he [Manier] died. Martha and Allen Manier fell out, she quit and went with her sister to Meadows on Flynn's Creek on a visit. James [X] M. Wolf
DEPOSITION: Joseph McCormick, age about 17, Geo W. Wolf repaired my mother's saddle and was paid $3 in provisions for Elizabeth Wolf. Joseph [X] McCormick
[This next document has severe bleed-through of ink, some illegible - mlj]:
ANSWER: James A. Manear to Bill of Complaint of Geo W. Wolf and wife Elizabeth filed against him and Martha Wright. James Wright departed life in Davidson Co, TN, made a last will and testament, bequeathed to said Patsy Wright property to be divided among her four daughters after her death. George W. Wolf was married to Elizabeth Wright, daughter of said James & Patsy Wright. Geo W. Wolf deserted and abandoned said Elizabeth. James A. Spurlock is a nephew of Respondent. Respondent has furnished Elizabeth, wife of Geo W. Wolf with provisions. Respondent married a daughter of Elizabeth and Geo W. Wolf. Ridley Roberts... influenced said Martha Wright and got one of her negroes, to wit Bob, in his possession and sold him, for which judgment was obtained, appealed from Jackson Co. Circuit Court to Supreme Court in Nashville. [Doc ends here abruptly, appears to pick up several pages later].
Complainant George W. Wolf got a deed of conveyance for wife's share in estate. Respondent states Elizabeth is of right mind, George W. Wolf sometimes deranged. [Signed] Spurlock, Sol. for Respt [Signed] James A. Manear
PETITION: Elizabeth Wolf against George W. Wolf, both of Jackson Co, TN. Many years ago, intermarried with Geo. W. Wolf ["Early Middle Tennessee Marriages" lists 28 July 1812]. Raised several children. George W. Wolf had many difficulties... cruel and inhuman treatment of her, neighbors interfered last time, feared she would have been killed...children [Didn't say if own children or others] discovered her suspended by neck. Wolf was sought by neighbors, and ran away.
Elizabeth Wolf had some property left by will of her father, James Wright, about $800 or $900 in remainder after death of her mother Martha Wright. George W. Wolf sold to Ridley Roberts. Said Wolf left for many years, returned, filed bill against petitioners' mother Martha Wright and her son-in-law James A. Manear. She signed deed to James A. Manear of her share in remainder of father's estate, in consideration for him caring for her. George W. Wolf wants to have deed set aside. Petitioner wants her name removed as Complainant, wants no part of suit. Manear supported her after George W. Wolf abandoned her. She was in right mind then and is now, and is at peace from his abuse. Asks this be filed as cross-bill to George W. Wolf's original bill. Dated 20th [no month] 1853. [Signed] Spurlock, Sol.
BOND: Pending successful prosecution of George W. Wolf by Elizabeth [X] Wolf, Principal; John P. Murray and L. A. McCarver, Sec.
BILL OF COMPLAINT: Elizabeth Wolf against George W. Wolf, states she and Defendant married in Davidson Co. 40 years ago. A few [?]years ago her mother died and left her one-fourth interest in negroes worth $4000 and a tract of land worth $3000 and one-fourth interest in her personal property. 7 Sept 1851 [or 1857]. Murray, Sol.
TESTIMONY: Peggy Rush [possibly Rust], age 49. George W. Wolf left for about four years, not known where he was, James A. Manear supported her. Wolf tried to hang her, took her to bottomless sinkhole. 8 July 1854 [No signature]
TESTIMONY: Dotia Mc [kerby or herly?] age 47, states Geo W. Wolf took his wife to a sink hole with a drawing chain around her waist and tried to hang her, and she vowed to her Maker if she got loose she would never live with him again. Elizabeth said James A. Manier supported her and was to have her interest in her mother's estate, that he had treated her better than any child she had ever been mother of. 8 July 1854 [No signature]
DEPOSITION: Henderson Wolf about 26, was living with James A. Manier when Complainants separated. Father Geo. W. Wolf went from White Co. when they separated, don't know where. I went after my mother Elizabeth. Father left before I went after mother. Six of family lived with Manear, brother George and myself and three of my sisters, and my mother. Mr. Spurlock wrote and said Mother should do something [get a divorce]. Manier wanted us to throw in $3 each to pay for her a divorce. 27 June 1854. Henderson B. [X] Wolf
DEPOSITION: George Wolf about 21, was living with parents when they separated ten or more years ago, about the time the big snow fell in March. Mother is [now] at her son-in-law's in Putnam Co. Her daughter is sick, she is staying with her. Manear earned a tolerable good liven but did not have a great deal of property, his estate is insolvent. Lived very plentiful at home. 27 June 1854. s/s George A. Wolf
DEPOSITION: James Pharris, Jr. about age 50. Know parties. George W. Wolf and wife separated about 10-12 years ago. James [X] Pharris, Jr.
DEED: 8 March 18?52 [smear] to James A. Manear from Elizabeth Wolf for $1,000, her interest in estate of James Wright and Martha Wright. Elizabeth [X] Wolf Attest: William [X] Lambert, s/s J. L. Spurlock
BILL OF COMPLAINT: George W. Wolf and wife Elizabeth of Jackson Co., TN against Patsy Wright of Hickman Co., TN and James A. Manier of Jackson Co. James Wright departed life in Davidson Co., TN, having published last will, bequeathed widow Patsy three negroes as long as she remained single, to wit Lucy and Bob and one other. Afterwards to be distributed among daughters Jenny, Betsy, Sally & Patsy. At the time of bequest, Orator was married to said Betsy, said marriage still subsists. Said Betsy deeded her interest in estate to James Manear, asks that it be set aside.
A certain Ridley Roberts sold one of the negroes named in bequest of said testator, to wit Bob, and since Martha Wright recovered a judgment against the said Ridley Roberts and one Garet [?]N. Graham, Admr of John Graham, deceased of Marion [possibly Macon] County, Tennessee.
WOOD, H. C.
vs WOOD, MART, etal
BILL OF COMPLAINT: H. C. Wood of Jackson Co, TN against Mart Wood, Mattie Wood & Sidney Wood of Jackson Co, TN and Levy Wood and Van Wood, citizens of Illinois.
P. E. Wood died intestate in Jackson Co. about three years ago. Widow Sarah; children Martin, Lizzie who married Zandy Jenkins, Mattie Wood. Deft Sidney was a grand child of P. E. and Sarah Wood and the son of Morg Wood, who died before his father, and defendants Levy and Van Wood and your complainant [H. C. Wood] were grand children of P. E. and Sarah Wood, and children of James Wood, who also died before his father.
Defendant Sidney represents one share, that of his father Morgan Wood.
Levy and Van Wood represent one share, that of their father James Wood.
Widow Sarah survived her husband until 3 Dec 1913, when she died intestate in Jackson Co, no administrator ever appointed nor dower/homestead laid off, but she remained on land, living with her son Mart and her daughter Mattie. Were very few debts against estate, have been paid, an Administrator would be a useless expense. Since death of widow Sarah, defendant Mart Wood has purchased interest of his sister Lizzie Jenkins, and she is not party to suit.
Mattie Wood is a lunitic [sic] or at least person of unsound mind, necessary to appoint guardian ad litem.
Land in 3rd District on Wartrace Creek, bounded north by Johnson, east and south by Draper and west by Carver being 200 acres more or less, not susceptible to partition. Mart Wood is now in possession. 4 May, 1914 [Signed] John J. Gore, H. C. Wood
ANSWER: M. V. Wood denies appropriated anything to his own use left there after death of his mother Mrs. P. E. Wood. 9 Dec 1914. s/s M. V. Wood
CLERK'S REPORT: Lizzie Jenkins is a widow about age 52, made honest effort to attend court after subpoenaed, could not secure conveyance. April 1915.
CLERK & MASTER'S REPORT: P. E. Wood was an old man with rheumatism, son Mart Wood lived on place and cared for him, worth $40 a year for last four years. Superintended planting and gathering. P. E. Wood drew a pension from the government, promised to pay son for his care, never did.
GUARDIAN SETTLEMENTS: M. V. Wood as guardian for Mattie Wood [several settlements of funds due Mattie].
[NOTE: None of following depositions were dated - mlj]:
DEPOSITION: Jim Gulley for Cross-complainant Mattie Wood, lived about 2 1/2 miles from Wood family.
DEPOSITION: W. B. Wood, age 20 on 27th December. Live 3rd District, Wartrace, Jackson Co. Am son of Mart Wood and grandson of P. E. Wood, live with my father. Traded a horse that belonged to Pete Wood for a pair of mules. Pete Wood has possession of one of them and papa the other. The mules are here. We rode them here. Siddy and Pete Wood lived with grandfather P. E. Wood. Pete Wood cultivated 10 or 12 acres. Preacher Keith cultivated it one year, father cultivated a year or two, was to give grandfather one-half. W. B. [X] Woods
DEPOSITION: R. W. Wiggins age 66, live Wartrace, Jackson Co. Testified re mule trade. s/s R. W. Wiggins
DEPOSITION: Van Wood, am a grandson of P. E. Wood who died May 1911. Grandmother died 23 Dec 1913. Was raised there, lived there all my life until married. Children and heirs of Pleas E. Wood:
1] Mart Wood, a son living 3rd District of Jackson Co.
2] Lizzie Jenkins, a daughter, living 3rd District of Jackson Co.
3] Mattie Wood, a daughter, about 36 or 37, living 3rd District of Jackson Co.
4] James Wood, a son, died before his father. Left children Hattie C. Wood, a son; Levy Wood, a son living Waggoner, Illinois; Van Wood a son living Nashville, TN.
5] Morgan Wood died before his father, left a son Sidney Wood, lives on home place. [Signed] Van Wood
DEPOSITION: A. M. Cox, knew P. E. Wood. After his death, M. V. Wood moved in and cared for his mother. Levy Wood broke into a depot at Cookeville. We went his security, about $95. Levy agreed his interest in land should stand for fine and costs. Was about the spring of 1904 or 1905. [Signed] A. M. Cox
DEPOSITIONS: Walter Draper 34, 3rd District, farmer; W. B. Carver age 48, 3rd District; A. R. Draper age 52 last October [All testified to care M. V. Wood had given his parents, value of land, all signed].
DEPOSITION: M. V. Wood, age 48 the 27th of last December. Father 72 or 73 when he died 30 May 1911, Catarrh of the head and rheumatism. Mother died 23 Dec 1913. Levy Wood was indicted for breaking in a ticket office in Double Springs, was prosecuted and promised to give me his interest in the estate for paying him out...he never did. Debt was $95 or $97, not repaid. [Signed] M. V. Wood
DEPOSITION: Lizzie Jenkins states acquainted with Mart Wood and H. C. Wood; Mart is my brother and Hattie Wood is my nephew. My father was Pleas Wood. Lived about one-fourth mile from father part of time, about 1 - 1 1/4 miles rest of time. Mart lived on Milt Draper's place. Built a house on father's place until father Pleas died, then moved in with mother after father died. Mart has been married, his wife dead 13 years in October. Mart had three children.
P. E. Wood raised Morgan Wood's son. Jim Wood died and left three boy children, Hattie was oldest, Levy next, then Van.
Sold my interest to brother M. V. Wood before suit commenced for $350. My son Harmon Jenkins made the trade. Mart Wood lived on father's place when Mart's wife died. I live in Mill Town. Do not know how old Mart's children were when his wife died. B. B. their oldest was 22 last day of May. The boy was 21 last October I think. Ora is 19 or 20.
My husband was living when Mart Wood's wife died. He was a helpless cripple. I had six children at that time. My oldest is 37, next 35, next 33, next 32 I reckon, next 26, youngest is 21. His wife died in October, I went there that winter at hog-killing to help render lard. Lizzie [X] Jenkins
DEPOSITION: Mrs. Parisetta Draper, live Wartrace, 3rd District about one-half mile of Wood family. Parisetta [X] Draper
DEPOSITION: John Woodsides, 50 years old the 10th of this month, live 3rd District.
[NOTE: There's another case concerning this, possibly Reel #123, Washburn - mlj].
BILL OF COMPLAINT: Jincy, a free woman of color against John McDowell, both of Jackson Co., TN. She has two children Rhoda about age 11 and Daniel about 9, also free & minors. She is poor and humble circumstances, has been harassed by persons who sought to subject self and children to slavery. Induced by McDowell to bind her children to him by written agreement, not court order, drawn by W. H. Botts. She was to let McDowell have children to age 21. He was to treat them kindly and teach house wifery and farming. Oratrix was to live with her children and if either became dissatisfied, were to leave matter to two district justices. Only lived with defendant but a little while, he, defendant, was drinking, accused her of poisoning defendant's daughter, who only had measles, ordered her out. Tried to get one of Justices to act without success. Left personal property at defendant's house including bed and bed clothes, asks injunction to retrieve. 12 July 1855. Quarles & Witcher, Sol.; Jincy her X mark, free woman of color.
DEPOSITION: Elizabeth Myers, age upwards of 40. Acquainted with Jincy when she went to live with McDowell; had lived with her about 8 years, after which she went to live with Mr. Wilmore. Jince is high tempered, contrary, hard to get along with. She always said no white man should ever whip her. I think her two children at McDowells are better off away from her. I am a sister in law to Mr [or could be "Wm" or "Mrs."] McDowell and have been about his house since Jince went there. Jence is industrious, house is clean, children well clothed as most of the white people in this neighborhood. McDowell is subject to drinking sprees, is mean spirited. Elizabeth [X] Myers
DEPOSITION: Mary Wilmore, age 40 - 60. Jincy lived at my house two years before Mr [?Wm/Mrs?] McDowell. Polly [X] Wilmore
DEPOSITION: John McCue, about age 60, known parties. 20 June 1857.
AGREEMENT [Verbatim, including spelling]:
I Jince a free person of color agree to bind my two infant children to wit Daniel about the age of seven years & Rhoda about the age of ten years to John Mcdowell until they shall arrive at the agent of twenty one years. The said Jince covenates [sic] on her part that the said Daniel & Rhoda after the manner of apprentices shall live with and serve the said John Mcdowell obey all his lawful commands for the time aforesaid they shall keep his secrets and do him no damage in character person or property nor willfully suffer others to do him any but will give him timely notice of any danger or evil that may threaten him of which they may have knowledge. They shall play at no unlawful games visit no tipling houses places of gaming or ill fame nor absent themselves nor marry without leave but in all things and at all times will act as good and lawful apprentices ought to do for the time aforesaid.
And the said John Mcdowell on his part covenates that he will attend to and guard the morals of the said Daniel & the said Rhoda as he would one of his own servants he will furnish them with such boarding clothing and other necessaries in sickness & in health as one suitable and proper for them to have and treat them with humanity and at the end of the time aforesaid will give to Daniel a horse worth fifty dollars and good suit of cloths and to Rhoda a good co[?mmon] bed & clothes suitable for her. It is also agreed that if either of the children above named should die before the age of twenty one that the said Mcdowell is discharged from the liability he would have been under to the one that died at its arival [sic] at full age. And if the said Mcdowell shall move out of Jackson county he is not to take said children with him but this agreement is to be at an end but noting [sic] herein is to authorize the said Mcdowell to remove out of said county in order to be released from his covenants herein but if he should move out of said county shortly before the arival of said children at full age is to pay them proportionable for their time as before agreed on. This contract may at any time be annuled [sic] by the consent of both parties but not otherwise except in case either party violates his or her covenants to be Judged of by the Justices of the civil district in which the said John Mcdowell may live at the time of the alleged breach as arbitrators and if they can not agree they shall call in the nearest Justice in an adjoining district and both parties shall comply with their award. This 2nd day of January 1854. Jince her X mark [Signed] John Mcdowell Attest: W. H. Botts, L. J. Lowe
ANSWER: John McDowell to Bill of Complaint of Jincy Wood. Some years ago at the instance of said Jince, I became the security of her [signed on bond], which was necessary to get her Certificate of Freedom. Afterward being capable of contracting, she did contract for use & services. Denies that any part of the contract that she was to live about the house or with her children or have access to them. Denies he violated contract. They are very good children, believes they should be raised right & to honesty & habits. Believes she was prompted to instigate suit by someone who wants to get her & children's services more than they desire welfare of children. Denies he has any intention of running off the children & selling them into slavery. Was his intention she live there, and she did for a while but she became improvident & saucy to his family & visitors. He attempted to correct her & she petulantly & in an insulting manner went off & he is glad of it...since she left he has become satisfied she intended to harm his sick daughter & he is not willing she visit his house any more until she becomes more humble.
Concerning her personal property mentioned in bill, Hogan Witcher came with an order November last & carried it off including her bed. She is indebted to him yet & he would have had the right to keep her bed & etc until she paid.
After becoming her security as aforesaid she got into some slanderous lieing [lying] talk about a family in his neighborhood, was threatened to be whipped & defendant her protector would not allow it unless it was done according to law & defendant told her what was going on & advised her to behave better & told her of the consequences of her foolish conduct & told her he was unwilling to continue as her security. Still continues as security...unwilling she should have any part of training & managing her children. 12 December 1855. [Signed] John MCdowell
DEPOSITION: Isabella Strode states Jincy and children Rhoda and Daniel lived at my father's. She left Spring 1854. She was living there at and before my father made the arrangement with Jincy. The reason she left was my father talked to her and said she had been talking about some of the [line can't read] ...her if he would not whip her if she would ____ so any more & she replied she would do as she had always done and then she went immediately off. My father did not strike her. The defendant is my father. He went off after a hickory to whip her with & while he was gone she left. My father was drinking a little at the time he took her by the arm at one time while he was talking to her & before he went off after the switch.
Have heard my father accuse her of poisoning me the time I had the measles. My father took her out of the loom...tolerable rough manner & asked if she had been talking about his folks.
Question: Did your father ever have a bill of sale wrote to him for Jincy?
A: Yes - I witnessed it... he claimed her as his property ... never heard him say he would sell her. Jincy was not present when I witnessed bill of sale she gave to my father, don't know if she knew contents or not. Don't know what induced her to sign it. Understand she was talking slanderously of the Wilmore family.
Bill of sale was drawn after fuss about tattling... can't be found... agreement she would behave herself or he would no longer be on security bond for her freedom.
When she left she went to Sam C. Griffith's for a week then David Griffith's where she is now. Sam C. lives about one mile, & David about 2 1/2 - 3 miles from defendant.
I lived at my father's when Jincy left, continued until I married which was one year.
Jincy gave me different kinds of tea when I was sick; catnip tea, spice wood tea, sassafras tea, pepper tea, sage tea.
I read bill of sale myself. Don't like Jincy, talked to my father, he never asked me not to tell all I know about the bill of sale.
Think Elender Borden & Nancy D. Griffith were there at time of difficulty, when father had brought a jug of whiskey home. 12 July 1856 [Signed] Isabella Strode
DEPOSITION: E. Borden, was there evening Jincy left, McDowell was drinking, said someone has poison my gal-baby and said he thought he would go and get it and make her swallow some. I and his wife persuaded him against it & he said he would go & get it anyway & I said I would come back next day & see it.
Jince is industrious but at McDowell's she took too much authority & acted too much like a white person.
Q: Did the family prevail to let Jincy alone...she had done no harm?
A: His wife did tell him to let Jince alone & not press her to take that medicine.
March 1854 was at McDowell's and he said he was going to have Jince a house built, and showed me the place.
One time McDowell sent for me & Polly Griffith to help wait on Ibby & perhaps give her some medicine. Jince said she was the proper one to treat Miss Ibby. This was after Dr. Kenner was there to see Ibby. All the family was sick with measles except McDowell himself. 12 July 1856. s/s E. Borden
DEPOSITION: Nancy D. Griffith, heard McDowell say he thought Jence had poisoned Ibby & if she came about him he would take her up to an apple tree & take the hide off her. Jincy stayed at my father's near a week after she left McDowell's, lived about one mile from them. 12 July 1856. s/s Nancy D. Griffith
DEPOSITION: David Griffith states Defendant showed me bill of sale purported to have been signed by Complainant. Jince is industrious, took good care of children from time she got them from Myers until they were bound out. I am one of the Justices of the Peace, and Jince asked me repeatedly to settle this matter between her and McDowell and I refused. McDowell gets drunk sometimes and is high tempered when drunk.
Q: Were Jince & children well treated when they lived at David Myers?
A: Don't know anything to contrary.
Q: Was there a lawsuit to get children away from him?
A: J. & M. Washburn, before county court, upon our testimony & her application she was allowed to keep her children. 12 July 1856. s/s David Griffith
DEPOSITION: W. R. Kinner, in Spring 1854 Ibby had measles, sore mouth & thrash - common in measles, no symptoms of poison. Were very near 50 cases of measles in 1852. Lungs suffer & consumption frequently ensued. Jince asked me about her condition. I told her I thought it likely Ibby would die. Jince seemed considerably interested on behalf of Miss Ibby. Have known Jince 12 or 14 years, always considered her peaceable. McDowell is a drinking man and in some respects a strange man but an honest man. I would think... interest of children to be bound to some responsible man rather than to be permitted to run about over the country. Don't think it likely these children would get any thing from McDowell when they reach 21, as he is not considered responsible ... to a great extent, a good man, but drinking man. Always pays debt when he has the means. s/s W. R. Kinner
[Don't recall Plaintiff/Reel, but there's another lengthy case concerning this - mlj].
WOODFOLK, WILLIAM W. & others vs BARR,MARTHA L. &
ROZELL, B. L. & WIFE vs WILLIAM WOODFOLK
FLATT vs WOODFOLK, etal
AMENDED BILL OF COMPLAINT: Baxter Smith against William Woodfolk and wife Lizzie Woodfolk. Orator filed 7 Sept 1887 against William & Lizzie Woodfolk. In addition to other debts, Orator was endorser for note of William Woodfolk at 4th National Bank of Nashville for $1582.50 dated 5 Mar 1884, renewed 4 July 1884, Woodfolk did not pay, Orator was forced to. William Woodfolk represented he was owner of $30,000 in real estate in Jackson Co., TN at the time marriage settlement was made, also $30,000 outside of and not included in marriage settlement. Falsely and fraudulently induced Orator to be come endorser.
William Woodfolk borrowed money on notes to buy and settle land on Lizzie Woodfolk, with William Woodfolk as trustee.
Lizzie Woodfolk owns fine farm in Maury Co. which William Woodfolk is improving at expense of others. 27 Jan 1888. Murray & Son & Tho H. Morgan, Sols. for Complt
PETITION: Edmund W. Wilkins asked case C. T. Bates et als vs Edmund W. Wilkins be removed to Circuit Court at Nashville. Granted.
CLERK & MASTER'S REPORT: Eliza H. Lynn [or Lyon] et al vs W. W. & Lizzie Woodfolk, excepts to C & M report filed 31 Aug 1891.
COPY OF INDENTURE: 17 Sept 1832, Thomas Harvey [could be Harney or Haney] of Maury Co., TN & William Woodfolk of Jackson Co., TN. Said Harvey/Haney executed bond to Henry Jones of Jackson Co for conveyance of land where Jones then lived & still lives. Jones assigned bond to William Woodfolk for $52.37 paid to Harvey/Haney by William Woodfolk. I bargain, sell, convey... to William Woodfolk land where Jones lives in Jackson Co. north side of Cumberland River... begin branch on west side, branch running into War trace Creek where Graves line strikes Burke's line, run till strikes Woodfolk line on bluff of the river, thence west to N. W. Williams' line, north with Woodfolk line passing Woodfolk line, thence east with Graves line, 60 acres more/less. s/s Thos Harney
ANSWER: William Lender to Bill of Complaint of William Woodfolk. Respondent in possession of land described in bill under title made to him by purchase of John W. McGuire & John S. Carvery, that they purchased of Henry Jones, deceased, and said Jones purchased of James Young. Jones held possession of land about 30 years before purchase, believes his title superior to that of Woodfolk. Did not cut timber on Woodfolk land, but on his own. 5 Feb 1857. s/s William Lender
DEPOSITION: John McGuire about age 33. John S. Carver and I bought Graves piece of land. [No date]. s/s John W. McGuire
[NOTE: Beginning of next document missing; also skips a few pages, ends later. Appears to be Commissioners' report on partitioning of land to heirs. There is a survey map included by William Hawkins, Surveyor.
Lot 3: Allotted to William Woodfolk, 141 acres & 89 poles, $7.00 per acre, $987. [Note: case on other reel establishes this individual as William W. Woodfolk, son of William].
Lot 4: Allotted to children of Sarah K. Barr.
Lot 1: Allotted to Elizabeth A. Miller, portion lying in Smith Co., TN, belonging to heirs of William Woodfolk, deceased, known as Glover tract, estimated 662 acres & 48 poles.
Lot 2: Allotted to Patsey Lyon's children, 187 acres & 104 poles, $7.00 per acre.
We, the commissioners... set out sum each to pay other heirs to make equitable division of land. Eliza A. Miller to pay William Woodfolk $338. Eliza A. Miller to pay children of Sarah K. Barr $61. Eliza A. Miller to pay children of Patsy Lyons $16.
DEPOSITION: W. P. Robertson age 47, merchant, Robertson & Botts, in business in Jackson Co. since 1866. Submits as Exhibit a certified copy of deed made by W. W. Lyon to the firm Robertson & Botts. W. W. Lyon, deceased came back from Jackson Co. and said he had made a deed to us for his interest in land of his grandfather William Woodfolk's estate. W. W. Lyon's indebtedness after his death was paid by Mrs. M. F. Lyons, signed quit claim deed to her. s/s W. P. Robertson
COPY OF DEED: In consideration of $4,000 paid to W. W. Lyon of Madison Co., Tennessee... sold my interest in estate of my grandfather William Woodfolk deceased, together with the interest of my brother S. W. Lyon in said estate which has been conveyed to me by said S. W. Lyon, land in Jackson and Smith Cos, Tennessee on Salt Lick Creek... said 2/9 interest to Robertson & Botts. 16 Dec 1879. s/s Wade W. Lyon
COPY OF DEED: In consideration for Mrs. Mary F. Lyons assuming to pay amount due us by her deceased husband W. W. Lyons... land devised to W. W. Lyon and Samuel W. Lyon by the will of their grandfather Major William Woodfolk of Jackson Co. 31 October 1881. s/s W. P. Robertson, J. T. Botts
MOTION: E. L. Gardenhire, Complainant vs William Woodfolk, asks that David Campbell of Williamson Co., TN, John B. McEwin, Eliza Marshall & John Marshall be made defendants to bill. Also John Oats and Mary Eliza Oats of Arkansas and J. R. Buist and wife Laura H. Buist be made defendants. [No date].
BILL OF COMPLAINT: E. L. Gardenhire of Sparta, Tennessee, against William Woodfolk of Davidson Co., TN; Eliza Miller of Madison Co., TN; Wade Lyon, Samuel Lyon, Elizabeth Lyon of Shelby, Tennessee; Austin Elrod, Samuel Elrod, James Elrod, Mary Jane Elrod & Sarah J. Elrod, Latitia Barr, Patsy L. Barr of Madison Co., TN.
Many years ago William Woodfolk brought action of ejectment, tract on Salt Lick Creek held under grant to ?Selby Haney of 7200 acres, beginning William Woodfolks mill-pond. Action of trespass against Willis Cornwell vs [Note: This case has been abstracted on another reel, gives more information. Don't recall Reel No. - mlj]
In the cause of William Cornwell vs William Woodfolk, Eliza A. Miller, James Elrod, Austin W. Elrod, John T. Oats & wife Mary E. Oats, Lindey F. Lindsey & wife Letitia Lindsey against Martha L. Barr, Blackman L. Rozell, Isham G. Searcy, Saml W. Lyon, Wade W. Lyon
Lot 1 to Eliza Miller.
Lot 2 to Patsy Lyons ch: Wade W. Lyon, Elizabeth Rozell and husband B. L. Rozell and Saml W. Lyon.
Lot 3 to William W. Woodfolk.
Lot 4 to Austin W. Elrod, James Elrod, Mary E. Oats, Letitia A. Linsey & Martha L. Barr.
SUPPLEMENTAL BILL OF COMPLAINT: Alexander Flatt of Jackson Co., TN against William W. Woodfolk of Davidson Co, TN; Eliza Miller, Austin Elrod, James Elrod, Wade Lyon, L. T. Lindsey, Letitia Lindsey, Patsy L. Barr of Madison Co., TN; B. L. Rozell and Elizabeth Rozell of Mississippi; Samuel Oats, John Oats and Dixie Oats are the heirs at law of Mary Oats, deceased of Arkansas, and M. G. Butler, guardian ad litem [legal guardian] of minors Samuel, John & Dixie Oats. Filed bill 13 August 1874 against all but latter four... lost records in Jackson Co, TN. Afterwards Mary Oats died leaving minor children. William Woodfolk published last will 22 April 1858 in Jackson Co, TN, died 8 day of [blank] 1859.. William W. Woodfolk was named executor, duly probated in Jackson Co.
March term 1877, mention of Mary Oats deceased, leaving minor heirs Samuel, John & Dixie Oats.
[NOTE: This next part was possibly included in this case by attorney in error when he grabbed the wrong paper to write on, as it was crossed through. It could be information not available elsewhere, so am including - mlj]
Matthew C. McKinley died July 4, 1873. He left widow Darthula C. McKinley. His children are:
1. George W. McKinley of Jackson Co., TN.
2. James D. McKinley of Jackson Co., TN.
3. Fanny Thompson who is dead, her children are: i. James Thompson ii. William Thompson iii. Jenny [or Jerry] Thompson iv. John Bell Thompson v. Robert Lee Thompson, all minors, living in Putnam Co., TN.
4. Jane McClaren, wife of James McClaren of Hamilton Co., TN.
5. Thomas McKinley, of Jackson Co., TN.
**********************Back to Woodfolk case***********************
DECREE: At April term 1860, partitioning 36 negroes as directed in will, 6 Mar 1860:
Group 1, to James & Austin Elrod and others:
1. Judy $ 800 (Value)
2. Cely 1000
3. Molly 700
4. Eliza 500
5. Shelly 300
6. Tom 700
7. Gus 500
8. Jesse 200
Group 2, to Wade Lyon & B. L. Rozelle & wife:
1. Carolina $ 500
2. Pat 800
3. May Eliza 600
4. Betsy 400
5. Frank 400
6. Edeny 1000
7. George 400
8. Wayne 500
9. Major 200
10. Aaron 400
Group 3, to Eliza A. Miller
1. Lizzie 400
2. Nancy & child 1000
3. Alfred 1200
4. Pleasant 1100
5. Tilda 1000
6. Gabriel 600
7. Willis 300
Group 4, to William W. Woodfolk:
1. Rachel 1100
2. Lev 600
3. Neptune 300
4. Peter 200
5. Ann 1100
6. Campbell 300
7. Dicey 350
8. Bill 800
9. Dave (Hall) 700
ANSWER: M. D. Lyon, B. L. Rozell & Elizabeth C. Rozell his wife to Bill of Complaint against them and others by Lizzie Woodfolk by next friend ?Ted Cooke. Lizzie married William Woodfolk March 1883.
DECREE: William Woodfolk as Executor and in own right, Eliza Miller, Austin Elrod, James Elrod, Sarah Jane Elrod, Wade Lyon, Samuel Lyon, B. L. Rozell & wife Elizabeth Rozelle, John Oats and wife Mary Oats and Samuel Elrod, Complainants vs
Latitia Barr & Patsy L. Barr, dated 5 March 1860.
William Woodfolk departed life May 1859 in Jackson Co., TN, published last will & codicil. Son William W. Woodfolk has one share; daughter Eliza Miller one share; grandchildren Samuel Lyon, Wade Lyon & Elizabeth (who is married to complainant B. L. Rozell), children of his daughter Patsy [Martha D.] Lyon have one share; and his grandchildren Sarah Jane Elrod, Latitia Barr & Patsy L. Barr, children of testator's daughter Sarah K. Barr have one share. Personal property more than sufficient to pay debts, remainder to be divided. [No date].
BILL OF COMPLAINT: B. L. Rozell & Elizabeth C. Rozell of Madison Co., TN against William Woodfolk who resides part of time in Davidson Co. and part in Jackson Co. and wife Lizzie Woodfolk.
Elizabeth C. Rozell is a daughter of William Woodfolk deceased, and said Martha D. Lyon is one of the heirs of Joe B. Woodfolk, deceased. Said William Woodfolk owned a large tract, 5,000-7000 acres in Jackson Co., claimed by heirs at law of said Joe B. Woodfolk. That he [William] conveyed 1500 acres of this tract to Joe B. Woodfolk. William died testate, and in his will devised to three children of Martha D. Lyon an undivided one-fourth, making the share of Elizabeth 1/12. Joe B. Woodfolk died intestate.
William Woodfolk, defendant, is a grandson of William Woodfolk, deceased. [No date, but typed, so probably after 1900].
PETITION: June term 1866. William W. Woodfolk of Davidson Co., Eliza A. Miller of Madison Co., both TN; James Elrod, Austin W. Elrod of Arkansas; John T. Oates and wife Mary, formerly Mary Elrod of Arkansas; Lindley T. Lindsey & wife Letitia, formerly Barr, of Shelby Co., TN; Blackmon L. Rozell & wife Elizabeth Rozelle, formerly Lyon, of Mississippi; Isham A. Searcy of Texas, Samuel W. Lyon of Mississippi, Wade W. Lyon of Madison Co., TN.
William Woodfolk departed life testate naming heirs. Since executing will, Samuel W. Elrod departed life testate naming James Elrod, Austin W. Elrod and one Isham G. Searcy as Executors, and bequeathing said Searcy an equal share with his brothers and sister. Sarah J. Elrod has since also died without issue, but intestate, and administration duly granted on her estate in Madison Co., TN, the place of her residence.
LEE, ELZA & OTHERS
DEPOSITION: George W. Birdwell, about 49. Was controversy over whether Elza Lee paid rent. John Lee paid Woodfolk money for previous rent...understand was for place where Elsey Lee now lives. 19 May 1858.
DEPOSITION: David G. Shepperd age 53, asked to state whether he ever let Elza Lee have goods on complainant's account, states latter part of 18?28, whilst my oldest brother Augustine was selling goods in Gainesville, Major William Woodfolk came to the store in company with a lady who was informed was Mrs. Lee, the wife of Jesse Lee. My brother sold her goods, Major Woodfolk paid. 22 Jan. 1858. s/s D. G. Shepperd
NOTICE OF DEPOSITIONS: To be taken 2 Feb 1859 [not in file]: William Mosely, William Ray, Geo Mosely, James McCall, Nelson Saddler, Robert Craighead, Link Craighead, Sebrite Pate, James G. Campbell, Claiborne Jones, James Morehand, R. B. Herring, Littleton C. Hall, W. C. Burke, John ?Dobson, Willis Cornwell, Phillip M. Ray.
WOODFOLK, WILLIAM, Admr
SHEPHERD, D. J., etal
BILL OF COMPLAINT: W. W. Woodfolk, Admr de bonis non [of remainder of estate not yet distributed] of will of William Woodfolk, deceased against
David J. Shepherd of Jackson Co, TN, Mary L. Stephens, Annie L. Stephens, Eliza C. Rozell & husband B. L. Rozelle, N. S. White, Dixie Oats & Sallie Oats, last two minors with C. T. Bates general guardian, all of Madison Co., TN and Lizzie Woodfolk of Maury Co., TN.
William Woodfolk died in Jackson Co., TN [blank] May 1859. William W. Woodfolk, son of William, was Executor for considerable time, was removed by decree of Jackson Co. Court in case of W. W. Lyon & others vs William W. Woodfolk.
R. B. Brooks was appointed administrator de bonis non, acted until his death in 1881, since which time your Orator was appointed. Litigating since 1869, when Tennessee Supreme Court issued decree January last. Finally ready to wind up.
Devisees of Wm Woodfolk, deceased have accepted under said will and taken all its benefits in all its provisions except the following clause:
"It is my will and I direct that my Executor have my body buried decently in the burying ground of my son William W. Woodfolk near Nashville that he caused to be removed & buried in said burying ground the remains of my first wife Sarah and daughter Sylva who are intered [sic] on my premises in Jackson County and that suitable monuments at the discretion of my Executor be placed over the remains of myself, my said wife and daughter."
Your Orator charges that this part of the will has never been executed, that the remains of William Woodfolk at his death in May 1859 were buried by the side of his wife and daughter on what was their his premises in Jackson County Tennessee without any monuments to mark their resting place where they silently sleep to this day as obscure as his slaves which were buried there before him.
Your Orator charges that said William Woodfolk died seized and possessed of property worth at least two hundred and fifty thousand dollars, consisting of real estate, many slaves and other personal property...about four thousand acres in Jackson Co. and a large tract in Smith County, Tennessee...it seems that he did not leave enough to satisfy the avarice of his devisees and have said monumental clause of his will carried out...
Your Orator charges that the burying ground of William W. Woodfolk near Nashville is neatly and substantially enclosed, that in it William W. Woodfolk in his lifetime reserved a place for his father, mother and sister and the place he reserved is yet vacant. Since the death of William Woodfolk in 1859 said Wm W. Woodfolk has died and been buried in said burying ground and it is but right and proper that a sufficient amount of the large estate which remains should be appropriated to the purpose of exhuming and removing the remains of said William Woodfolk his wife and daughter to said burying ground near Nashville...erect suitable monuments over them according to the provisions of said will in harmony with his standing in society...
He charges that in view of the splendid estate that William Woodfolk owned at his death and his high standing in society aforesaid, that from fifteen to twenty thousand dollars would be a reasonable amount...
William W. Woodfolk as Executor aforesaid took charge of the entire personal estate... after others charged him... with waste compromised the matter... by conveying to his co devisees his entire interest in the landed estate of said William Woodfolk in Jackson County, the Smith County land having been previously partitioned... no personal estate ever came to the hands of R. P. Brooks as administrator nor has any come to the hands of your Orator with which to carry out said clause...
...devisees under the will were William W. Woodfolk, Eliza A. Miller and the children of Martha D. Lyon and Sarah K. Barr. Eliza A. Miller is dead leaving as her only heirs Mary L. and Annie L. Stephens defts hereto. The children of Martha D. Lyon were Wade W. Lyon, Samuel Lyon and Eliza C. Lyon, the latter of whom intermarried with deft B. L. Rozelle. Samuel Lyon sold and conveyed to W. W. Lyon his share and W. W. Lyon conveyed his and Samuel's shares to Robertson & Botts, who thereupon conveyed to Mary F. Lyon and Mary F. Lyon conveyed to J. R. Buist. Said Buist conveyed to your complainant and he to defendant Lizzie Woodfolk who is now the owner of two ninths and an additional 58 acre tract of the real estate of said William Woodfolk deceased in Jackson County. B. L. Rozelle & wife sold their share to complainant Wm Woodfolk it being 358 acres and he conveyed the 58 acres to his wife deft Lizzie Woodfolk and the 300 acres were sold by order of the Chancery court and bought in by defts B. L. Rozelle & wife for a balance of the purchase money and they are now the owners of that amount of the land.
The children of Sarah K. Barr had partitioned to them about 1500 acres of said land and the same has been conveyed to D. G. Shepherd G. D. Sadler and Sadler since sold and conveyed to Shepherd except the share of Dixie Oats and Sallie Oats which is two fifteenths and the one fifth interest of James Elrod now in controversy between defendant D. G. Shepherd and N. S. White by suit in your Honors court.
Shepherd and Sadler took by quit claim deed and Sadler has since conveyed his interest to D. J. Shepherd.
All the present owners had notice that the clause aforesaid was in the will and had not been carried out and that the same remained a charge upon the estate and land of said deceased Wm Woodfolk.
Said land lies in the 14th Civil District of Jackson County Tennessee and is bounded on ?two sides by Cumberland river...fully described in a Decree of partition in the case of W. W. Lyon and Others... [No date] s/s R. A. Cox & Lewis K. Smith, Solicitors
WOOLBRIGHT, SAMUEL & OTHERS
SAYLOR, WILLIAM S. & OTHERS
Complainants rely on Statute of Limitations, peasible [sic] possession under registered deed, over seven years. Deft Saylor could have made complainants parties to his suit against R. & B. S. Fox, did not, slept upon his rights.
DEED: B. S. Fox to Richard Fox of Jackson Co, TN, land on Flynn's Creek known as Elizabeth Fox & Adcock's Land, bounded north by B. A. Fox, west by Margaret Brewington, Mary Ann Dennis, by K. Fox on the south by J. W. Settle on east by A. N. Byers, run with A. N. Byers land by land of John K. Fox, about 116 acres. December 29, 1865. [Signed] B. S. Fox Attest: Wm W. Fox, John J. Pippin
DEED: To Martha Woolbright, same description [but with phrase], "This land is intended to cover the south part of the Adcock land". Dated 6 April 1866. [Signed] Richard Fox Attest: A. C. Davis, M. A. Fox
BILL OF COMPLAINT: Samuel Woolbright, Francis Johnson and her husband Larkin Johnson, M. E. Woolbright and L. M. Woolbright and the minors E. A. Woolbright, E. J. Woolbright & William J. Woolbright by next friend Samuel Woolbright, all of Jackson Co., TN., against
William S. Saylors of Putnam Co & Angeline Jackson & husband G. W. Jackson and Robert A. Cox of Jackson Co.
22 June 1869, defendant filed bill against Richard Fox of Jackson Co. and B. S. Fox of Texas.
21 March 1866 Richard Fox executed note to B. S. Fox for $125 for part of purchase money. 15 October B. S. Fox endorsed note to him. Richard Fox purchased land Decr 1865, did not give note until March 21, 1866.
Martha Woolbright purchased land 7 April 1866. Richard Fox said money had all been paid. She lived on land until her death, died intestate 12 Feby 1870. Samuel Woolbright was her husband at her death, is now her widower, has living children the issue of their marriage. He is entitled to life estate. All the rest of your Orators and Oratrixes, except Larkin Johnson ["and G. W. Jackson" marked through] are children and heirs at law of Martha Woolbright deceased, the issue of her marriage with Samuel. At death of Samuel, they get a share. G. W. Jackson married Angeline Woolbright (a child of Martha), Larkin Johnson married Frances Woolbright.
[NEW] Robert A. Cox, Clerk & Master's Report to Wm. G. Crowley, Chancellor
[NOTE: This was probably filed/filmed out of sequence. May give an indication of which Reel/Plaintiff to check for further information. Only data is amount owed to court in each cause - mlj]
Jessie Z. Beck & others vs Joel W. Settle, etal
R. F. Spenser & wife vs J. F. Jackson, etal
Al__ [?xr] Keith vs Samuel Stuart, etal
S. N. Plumlee, Admr vs A. V. Jarvis, et al
Henry Carter & wife vs Elizabeth Brewington
L. W. Mcclure etal vs Thos J. Jones, etal
Thos H. Butler, Admr of Elizabeth Myers
W. W. Lyon etal vs W. Woodfolk, etal
McClellan Paulk & Young vs Joshua Haile, etal
Alxr Montgomery vs Elizabeth Montgomery, etal
J. W. Lock estate owes about $1300
Jas Pharris estate owes about $600
Mary Cornwell estate owes about $350. [Signed] Robert A. Cox
WOOTEN, THOS W. & CULLOM, WM
EATON, JOSEPH & DAVIDSON, WILLIAM
INJUNCTION: From using personal property, livestock, household goods, tools, etc. unless Joseph Eaton make bond for $200 until judgment rendered. 14 April 1848.
ANSWER: Joseph Eaton states Thomas W. Wooten received judgment against Merlin Young as assignee of William Cullom. Respondent denies liability as stayor of judgment. 24 July 1848. s/s Joseph Easton
BILL OF COMPLAINT: Thomas W. Wooten & William Cullom of Smith Co. against Joseph Eaton, Merlin Young & William Davidson of Jackson Co. Merlin Young executed note November 1846 to William Cullom. Said Cullom assigned to Thomas W. Wooten, note unpaid, recovered judgment. Joseph Eaton signed as security, judgment not paid. [No date].
WORTHAM, MARY H. ETALS
REPORT OF REVENUE COLLECTOR: Logan McCarver lists unpaid taxes 1845, following have no goods/chattels can distrain [sic] for taxes [some owed for more than one tax year, did not specify which year/years]:
John A. Chisum, town lot in Celina Dist. 6, Value $38, taxes 8 1/2 cents.
Isabella Gilbreath, 80 acres Dist 8, Value $80, taxes 18 cents.
James Mansfield, 50 acres Dist 8, $50, 11 1/4 cents.
Absolum Rich, 100 acres Dist 8, $25, 43 cents.
Edward Jones heirs, 450 acres Dist 9, $365, 82 cents.
Robert Nelson, 150 acres Dist 9, $50, 11 1/2 cents.
John Graham, 500 acres Dist 11, $50, 11 1/4 cents.
Lewis L. Wortham, 640 acres Dist 13, $300, 47 1/2 cents.
BILL OF COMPLAINT: Mary H. Wortham, Jane M. Pulliam, Augustine Wortham, James J. Wortham, Joseph T. Wortham of Maury Co. and William B. Morgan of Gibson Co. against
Wilson Cherry of Jackson Co.
Oratrixes and Orators were legal owners 640 acre tract on Big Barren River about 17 miles north of Gainesboro adjacent land of Cary Cherry & others granted to James Gillespie by State of NC. Land conveyed by Gillespie to Lewis L. Wortham except one-eighth which belongs to Complainant Wm B. Morgan. Lewis L. Wortham ?consel taxes be paid up to his death in 1843 or 1844. On his death, lands came to Complt Mary H. Wortham, widow and to Jane M. Pulliom, Augustine W. Wortham, James J. Wortham and Joseph J. Wortham, lawful heirs of Lewis L. Wortham, except 1/8 which belongs to Complt Morgan.
Oratrix states she purchased all interest in shares of children & heirs but her deed for same is not properly witnessed, but in equity she owns said land. After death of Lewis L. Wortham, Complainants failed to pay taxes. Wilson Cherry procured revenue collector to sell lands; March 1846, sold for unpaid taxes due 1845, about 50 Cents - but as being in Dist. 13, 30 or 40 miles, and it was condemned as land of Lewis L. Wortham who had been dead for some time, nor was it advertised according to law. 29 June 1857.
ANSWER: Wilson Cherry states taxes were unpaid for years 1843, 1844 and 1845.
WRIGHT (RIGHT), JOHN ETAL
BILL OF COMPLAINT: William Fraim of Wayne Co., Illinois against
Aaron Bray, Allen W. DeWhit, Littleton C. Hall, Benjamin B. Washburn of Jackson Co., TN & Holland Denton of Putnam Co., TN.
18 Jun3 1860 Ruth Fraim filed her bill of complaint against William Fraim praying for divorce and against John Right & wife Cinthia Ann Right and Alexander Harlin and wife Mary Ann Harlin. 13 February 1861 was decreed. Lien for costs was placed on portion of land not conveyed to Right & wife and Harlin & wife. Decree states if costs not paid, will be taken out of proceeds of sale of 70 acre tract, bid of $10 at Sheriff's sale, purchaser raised bid to $350. Land conveyed 5 January 1863 to Aaron Bray, court didn't get costs, not his fault.
DEPOSITION: Alexander Harlan, age 42, taken at Shattenburg,* Clay Co., TN. Knew William Fraim, think he left this state fall of 1860. Think he was in Arkansas when land sold in 1861. 16 July, 1871. s/s A. Harling
NOTICE OF DEPOSITION: Will be taken of A. & Samuel Harling at store house of Aaron Bray at Shott, Clay Co., TN 16 July 1871.
DEPOSITION: Samuel Harling age 37, new William Fraim, now deceased, in about 1861. 16 July 1871.
DEPOSITION: Eligah Wheeler, age 65. Somewhat acquainted with Duval Draper. Went to him to buy a mare and he said she belonged to Thomas J. Draper, but he could fix it with him. I bought the mare and he in a few days took the mare & left the country. 15 January 1869. s/s Elijah Wheeler
DEPOSITION: James Draper, age 68. Complainant had judgment against Travis D. Draper in fall of 1856. Shortly after, T. D. Draper left the State. I am counsel for Plaintiff in this case. s/s James Draper
POWER OF ATTORNEY: I William Fraim of County of Wayne, State of Illinois, appoint my son in law John Wright my attorney to redeem from Allen W. DeWhit and Littleton C. Hall & Denton & Washburn tract in Jackson Co., about 70 acres, sold Feby term 1861 in case of Ruth Fraim and others against me. 27 November 1865.
DEPOSITION: A. J. Carter for Complainants, states Right offered to pay Aaron Bray some money to redeem William Fraim's land, produced power of attorney and about $600 or $700 in U. S. paper, what is called green backs, and black backs. Bray said he didn't know if he was the proper person to receive it. 31 July 1867.
WADDLE, CARRIE LEE vs BENJAMIN H. WADDLE. Married Jackson Co. 12 Feby 1902, abandoned her, turned her out of doors. Since abandoned, boy child born, Charlie Aaron, now ten months old. Wants maiden name Carrie Lee Dudney restored, custody of child. Dated 14 Nov 1901. [Another filing 23 October 1902 stated were married 12 Feby 1901. s/s Carrie Lee Waddle s/s Draper & Stafford & N. B. Young, Sols.
WALKER, GEORGE W. vs ELIZA WALKER. George W. of Jackson Co., Eliza of Monroe Co., KY. Married [blank] 1884, defendant became enamored of Willie Simms. Charges adultery, states he abandoned her and came to Tennessee. 11 January 1892. [Signed] G. W. Walker
WALKER, LAFAYETTE vs ARDELL WALKER of Monroe County, KY (both colored). Married Monroe Co., KY on 27 June 1880, together two years, defendant abandoned him. Complainant removed to this state where he had been raised, she refused to come. Deserted him before he wished to move. 28 June 1887. Cox & Anderson, Sols
WAY, JOANNA vs KY WAY, residence unknown, supposed to be a citizen of Kansas. Married about six years ago in Jackson Co. Ky Way abandoned her two years ago, left for other parts. One child of this union, 4 years 9 months named Beverly Way. 21 September 1894. s/s Joe anne Way
WHEELER, THOMAS vs MAGGIE WHEELER, both of Jackson Co, TN. Intermarried in Jackson Co. [blank] November 1874, both born and raised in Tennessee, lived no where else. 1878 she commenced adultery with Phinley Brown. No issue from said marriage. [Note: Marriage Certificate 19 November 1874, Thomas Wheeler to Maggie Anderson, Jackson Co., TN]. Thomas [X] Wheeler
WHITAKER, EMALINE vs JAMES WHITAKER. Decree states bill filed [not on microfilm reel #127], he failed to appear, divorce granted. Order to be entered in Minute Docket Book J, Page 395. [No date].
WHITAKER, MAHALY vs CAMPBELL WHITAKER. Married 7 January 1905, together until 8 August 1905 with slight intermission, he having left her for a short time before then. 8 October 1905 he abandoned her, never having supported her. She is owner of mare & colt, milk cow, hogs, poultry, furniture - the project of her own labor and former husband George Brotherton, and a tract of land being dower & homestead of former husband. Dated 26 June 1908. [Another petition, no date, requested name changed to Mahaley Brotherton]. s/s MHaley Whittherry
WILLIAMS, ANNIE L. vs JESSE WILLIAMS. Annie of Jackson Co., Jesse claims residence is Smith Co., engaged in Railroad business with Tennessee Central Railroad, no actual residence known to Complainant. Married Jackson Co. 10 Nov 1907, happy for ten months, he deserted her. Defendant got her to come to Jackson Co. under pretext he would come and go to farming...just a pretext to get rid of her. Small amount of household goods at her father's W. H. Young in Jackson Co. Defendant is owner of Six [cannot decipher] Sevenths interest following tract subject to the life estate of his mother Martha Williams, 14th District, Jackson Co. bounded north by land of John L. Young & Frank Anderson; east by heirs of J. T. Quarles; south by land of J. M. Dudney & G. Lee McGlasson; west by public road Gainesboro to Celina where Martha Williams now lives, being land where J. W. Williams, defendant's father, died seized and possessed. Wants maiden name Annie L. Young restored. 18 Oct 1909. s/s Annie L. Williams
WILLIAMS, PERRY vs MANERVA C. WILLIAMS. Both of Jackson Co., TN. Married Jackson Co. on or about [blank] October 1885. At the time of marriage she was pregnant by another man, recently learned John Martin is the father. Oath of poverty [maximum cost $6.00]. Perry [X] Williams Wm M. Pickett, Sol.
WILLIFORD, SALLIE vs JEREMIAH WILLIFORD [NOTE: Bill of Complaint missing]. Signature page, Sallie Williford affirms complaint true, dated 1 September 1872 [Signed with 'X']. Bill of costs included complainant's name was changed to maiden name, but did not indicate what it was. Prosecution bond of Sallie Williford, Principal and S. S. Hufhine as Security, indebted to Jeremiah Williford, bill for divorce, [Signed] S. S. Hufhine
WILSON, S. B. vs HATTIE WILSON. Married Jackson Co., TN 30 November 1911. Defendant guilty of adultery with Shed Forkum. Together only a short while, not lived together since. [No date]. s/s M. J. Dixon, Sol.
WOODALL, FRANCIS vs WOODALL, JAMES E., married November 1885 in Smith County, TN. Lived Flynn Creek in Jackson Co. since 1887, whipped her, called vile names. Have children Mary Ellen 6, Lilly ?Mae 5, ?James ?Stely 3. 4 August 1894. [Signed] Mary Francis Woodall John P. Murray, Sol.
WOODALL, JOHN vs ANGELINE WOODALL, married 4 September 1890, together to 20 March 1901. Defendant left with A. P. Young in the night time. Complainant lives 12th District, Jackson Co. They have four children, Robert 9, Ethel 8, Lissie E. 3, Henry Richard age 1...defendant not suitable, asks custody. 6 May 1901. s/s Angeline Woodall
WOODALL, R. A. vs JAMES WOODALL. Both of Jackson Co., TN. Married 28 September 1882 in Jackson Co. Kind before marriage. Said first night he slept with a pistol under his pillow, second night two large pistols on chair by bedside where petitioner & defendant were sleeping at his father's, said if she lived with him she would not be alive in six months. Defendant got up at night, rambling, acting like a mad man. Tuesday after marriage, defendant left petitioner at her father's and said he was going to White County. Thursday she received a note written for him by Alfred Denson saying he was leaving and going to some distant land, was mailed at Gladico in Jackson Co., TN. Accused her of giving birth to three children which he said were dead; of being pregnant at time of marriage...outrageous, scandalous falsehoods. Never had a stigma cast upon her until she married defendant. She was born and raised at Highland in Jackson Co. Requests maiden name R. A. Richardson be restored. 30 Dec 1882. R. A. [X] Woodall
YATES, M. A. vs YATES, WILLIAM, married Jackson Co. 27 November 1892, Fall 1894 abandoned her, continues to live away in a distant state, depends on charity of her aged father and her own labor for support, husband refuses to provide. He owns feather bed and two pillows now in possession of Geo Gentry, wants attached. Requests name changed to maiden name of Hopkins. 30 April 1895. s/s M. A. Yates
YEAMAN, WILLIAM J. & FRANK HARP & WILLIAM HIGH
BILL OF COMPLAINT: Emma Yeaman of Jackson Co. against W. J. Yeaman of Smith Co. Married Jackson Co. 2 Dec 1858, peaceable to reasonable extent until commencement of Civil War in 1861, he threatened her. Summer 1866 he kicked her, abandoned her August 1874. Six children, the oldest a boy James about 15, Mattie about 13, Thomas 9, Robert 7, Johny [sic] 5. Husband became indolent, fails to provide, wants custody. Personal property: Carpenter's tools & bench, cow & calf, household furnishings [itemized]. Own lot and houses in New Middleton, Smith Co., TN. House was rented by defendant Yeaman to his co-defendant Harp for the sum of $25, due 15 November 1874. William High owes defendant money, wants both enjoined from paying. Dated 19 November 1874.
ANSWER: William J. Yeaman denies abuse, did all he could for some years to make her happy, she had a bad temper. Was aggravated enough to whip, but always restrained. "If Xantippe was a good wife perhaps it may be said that complainant was such; for she is perhaps her equal as a scold". Vents her temper at children by calling them hard names, using obscene and vulgar language... beating them unmercifully & unnecessarily... Robert F. a little sickly boy who Respondent took with him when he left... sores and scars of these floggings. Complainant got him in her custody again as well as all the other children... not fit to have custody unless she reforms.
He is moral, industrious, has trade of carpenter. Did not abandon. April 1874, rented house and land near Granville, moved to it, rented part of the house to a brother in law of Complainant. He got sick, she neglected him and spent time both night and day in the part occupied by his brother in law, then she stayed a full week with brother in law and family. He left with son Robert and went to relatives in Smith Co. 27 October 1874. [Signed] W. J. Yeaman
DEPOSITION: Nancy Jane McGee, 36. Lived near them in New Middleton, did some work for Mrs. Yeaman, he was kind when I was about, sober, industrious. She was a ill fracious [sic] woman, whipped children tolerably sevear [sic]... Mr. Yeaman was gone to Texas, she told me she was going to collect his debts and support herself. No lack of provisions when he was gone. I live in Carthage. My husband's name is Bryant McGee. Nancy Jane [X] McGee
DEPOSITION: James H. Yeaman, age 15 1/2, am son of complainant and defendant. Lived with them when they separated. Father kind as far as I saw, provided. She was unkind to him. She bought a cowhide switch when we lived at Middleton, got it at Mr. Bill Bridges' store. Never struck me but more than once or twice with it... used it on the rest of them a rite smart. I left there about the 1st of October. Nels Carter lived in one part of the house and we in the other and a hall between. Carter got sick and she took care of him. I left the day after father left, went to ?Filsbick and stayed there with my uncles about a week and went back again and got up some wood and mother told me I could go on Defeated creek where my father was if I could get any work to do. Father taken sick before Carter and was sick when he left. I went with him as far as Buffalo Hollow, carried his valise.
Sister Mattie is younger than me, going on 13 years. When mother cooked for the Carters, Mattie got supper for us, a pitcher of cold water, swivle tomatoes, scrapes of cold biscakes. Mattie fixed a cak of corn break & coffee for breakfast.
Seems like mother delited in whipping brother Robert.
Nels Carter is an uncle of mine. His wife and my mother are said to be sisters. She was there when Carter was sick. Carter's mother and Mrs. Carter's mother stayed there a right smart.
My father and I live on Defeated Creek, mother lives in Granville. Went last Saturday to see the children, not her. She treated me so bad, don't like her much. [Mention of Dr. Shirley J. N. Carter being at their house, but no relationship given]. s/s J. H. Yeaman
DEPOSITION: James H. Corder age 56, known parties since 1865, live near, some times 200-300 yards. Worked with Mr. Yeoman as pardner in 1871, about two months at William R. Shaver's about two miles from where Yeaman lived, worked in same shop with him. He went to Texas in Feby 1871, returned same Spring. We commenced work at Shaver's first of May. Went to Texas for cheap land, thought he could get better prices for his labor. 18 March 1875. s/s J. H. Corder
DEPOSITION: Samuel Allison age 56, lived New Middleton near Yeaman. He is a member of the Methodist Church. I am county court clerk & Corder is Sheriff of Smith Co. When Mr. Yeaman lived at New Middleton, my brother Moses Allison was his partner. I was his partner two years...about $100 of partnership uncollected, some dead, some moved out of state, some insolvent. Yeaman moved to New Middleton 9-10 years ago, then moved away first of last year. s/s S. Allison
DEPOSITION: Obediah Lankford age 26, went to Granville Sept 1874 with defendant to get his carpenter tools, Plaintiff said they were attached and said she had sold his books. Defendant left to go to town on business. Complainant's mother Rhoda Cooper was there, said they'd bind the children out. Defendant got a court order to get his tools and books, complainant wouldn't give them up. Obediah [X] Lankford
DECREE dismissing complainant's bill is modified. Injunction dissolved, defendant's property released. James H. Yeaman may live with whichever parent he chooses. Rights as husband restored, rights as father restored.
DEPOSITION: B. A. High states defendant was a Cabinet workman, made furniture, also carpenter. I have a mill, Wade Paschal has a store. Believe Yeaman worked in Waco, Texas. s/s B. A. High
DEPOSITION: William Bridges age 36, am merchandiser at New Middleton. Mr. Yeaman closed the account. One of the little children bought a cowhide riding whip, said his mother was going to use it to keep them out of the creek. Know Yeaman bought a hog from Brother Clay Bridges. s/s Wm Bridges
DEPOSITION: S. A. High age 28, think that Mr. Yeaman supported the family I don't think that her work was of much use, nor I don't think that any woman's work is of much use in supporting a family. s/s Sibbie A. ?G. High
DEPOSITION: Susan Rolland 33, states Mr. Yeaman was quiet, she was fractious. Seen her whip children "very tight". s/s Susan Rowland
DEPOSITION: BfC Smith age 42, known since 1865. Mercandile business New Middleton. s/s BfC Smith
[NOTE: This would be an interesting case for a Jackson County History researcher. Little genealogical information - mlj].
YEAMAN, JAMES H. vs HUTCHISON, J. H. & Sons [T. S. & A. W. Hutchison]
Plaintiff is an architect, contractor and builder. Brick court house nearing completion in Jackson Co. Defendants were new, from Davidson Co., contracted to lay brick for $1737.50, later said brick used was poor Nashville dry grade, requiring them to point up for extra cost of $200.00. Contractor sued for $10,000 for libel.
YORK, M. A. & S. H. YORK
R. P. BROOKS, WILLIAM GORE, D. A. RAWLEY, JOHN H. DENTON, WILLIAM SPEAKMAN & ROBERT A. COX
AMENDED BILL OF COMPLAINT: Complainants and Defendants all residents of Jackson Co., TN. Matilda A. York filed for divorce 5 November 1873 from Samuel H. York, was granted. 28 October 1875 Matilda and Samuel York remarried after executing marriage contract, registered Book A for Deeds of Trust, page 378. Dated 22 March 1876. Matilda A. [X] York, s/s S. H. York
DEPOSITION: Mariah Montgomery "(alias Mary Price)" age 70 years. Known M. A. York since she was a little girl, knew S. H. York before he married Matilda, known Mr. Brooks about 30 years. About the time R. P. Brooks was building the jail in Gainesboro, he let the Yorks have a tract of land back of the hill west of Gainesboro where I was then living. Mr. Brooks said I would have to give up the place, he had let Mr. York have it for some town property.
I told Mr. York he would never get a deed...had talked to Mrs. Brooks and she said the land belonged to her and Albert.
S. H. and Matilda York then lived here in town to the right as you go out towards the Lick. Usually stopped there to light my pipe. Was about 1868 when Brooks was building the jail. A. W. W. Brooks lived there when he was elected town clerk in 1860. I have been in feeble health since 1860, can't remember like I could when I was young. 29 Jan 1878. Mariah [X] Montgomery
CONTINUANCE: M. A. and S. H. York cannot go safely to trial without testimony of W. E. Jones by whom they can prove W. C. Anderson paid off judgment to him in the case of S. H. York vs Gillum Upchurch, A. D. Pleasant, R. P. Brooks & etc. W. E. Jones summonsed, was sick. 25 Sept 1878. M. A. [X] York
DEPOSITION: James T. Anderson, 29, as acting clerk took the deposition of Mary Price [aka Mariah Montgomery]. s/s James T. Anderson
DEPOSITION: William Speakman age 54, am same person Samuel H. York recovered judgment from 27 June 1859. Let him have a cow for the judgment. 26 July 1877.
DEPOSITION: Examined the body [not signatures] of the notes entered as exhibits, handwriting is that of S. W. Cassety. He is dead. Filed 30 July 1877. s/s R. P. Brooks
DEPOSITION: A. W. W. Brooks, age 44, have known parties 15-20 years or longer [testimony regarding trade of property]. 24 Feb 1877. s/s A. W. W. Brooks
COPY OF DEED: William Putty of Jackson Co hereby sells for $5.00 paid by Samuel H. York, Lots #13 & 14, Plan of Gainesboro, adjoining B. B. Washburn and where William Putty now lives. 27 November 1854. William [X] Putty
DEPOSITION: R. P. Brooks age 78, previously gave deposition, here filing deed from Wm Putty as exhibit. Was present when Mariah Montgomery gave deposition. Mr. & Mrs. York were living in my town property. I told them I needed it to put my jail hands in. I agreed to sell the place on the hill to them, he was to give me a horse as down payment. Moved on it, said if he gave up the horse he couldn't make a crop. He built a house and in the fall he gave up the place and paid no rent. Don't know if I furnished plank or lumber for the house. 19 Sept 1878. s/s R. P. Brooks
DEPOSITION: Matilda A. York, states Brooks came to see her thinks August 1868, said he wanted town property. States she and Brooks agreed he had never paid her for it. Brooks said they could have either the Daughterty tract or the place where Meadows now lives. He said he was pressed for security debts and did not have the money. He let me have some land, and he took the chain and run it [lines] off. We built a house and lived there from March to the next April. He said he'd make a deed, never did.
A co-complainant is S. H. York, my husband. In 1868 I was living in the house that Brooks purchased from York - Martha Osburn and Sally Hunter who has since married John Whitaker was present. York came to the house with Mr. Brooks, but York was drunk or drinking. This was all that was there and present except two small children and Nancy York who is now dead. When I moved, I moved to the old log house that was then still standing where Poll Young now lives. I moved from there to my father's and from my father's to the land Brooks let me have.
Did not live in old Jennings house where R. A. Cox now lives in 1868 or 1869. Moved there after I came back from Brooks land.
A. W. W. Brooks moved into the town place with his family, lived there until he went off to the war, then his family moved off. After the war broke up, A. B. Botts lived there. Don't know if his wife died there. I was living in the free State.
When Brooks said he had never paid for the town lots, I was the wife of and was living with S. H. York at that time.
Brooks said he would write York to see if he could get notes credited. Present were Lizzie York, Milley Ann Smith who is now dead and I think Jim Bunch. Lizzie was about 14 or 15, don't know how old Jim Bunch was - nearly as large as he is now. Was not divorced from S. H. York.
ADJOURNED - Resumed 2 February 1877
Brooks let York have a horse about the time of the canvass between Brooks & Washburn & Kenner for Representative, or about the time of the Mill Springs fight or at least the horse was missing when the soldiers staid [sic] in Gainesboro that come from the Mill Springs fight.
Places I lived since York sold to Brooks: Old Lock house where G. H. Morgan now lives, from there to free State, from there to my father's, from there to where Poll Young now lives, from there to my father's, from there to place Brooks let me have for my town property, from there to the old Jennings house, from there to the Jail, from there back to old Jennings house & from there to where Apple now lives, from there to the Gipson farm up the hollow, and from there to where I now live.
Brooks said he had a note for $100 on money borrowed before the War, directly after York first came here when York and father was selling groceries together.
My father was present when I paid off note to S. W. Cassity as agent for Woodfolk.
When Brooks asked me to hold up execution and not post on the debts, S. H. York was not in Tennessee, do not know where he was, gone about 2 or 3 years. John W. Meadows was a constable at the time. Late Jan & 2 February 1877. Matilda A. [X] York
DEPOSITION: A. Hare, age 71. S. H. York rented land about 1862 of S. W. Cassety in the Free State. York let me have part of the land. Matilda A. York paid Cassety the rent. Cassety said his papers was at Wm Poston's. Land was said to be Woodfolk's. Don't know if Brooks or Cassety was agent. Known R. P. Brooks 35 or 40 years, lived 2 - 2 1/2 miles from him all the time except one year and except when he was away from home. [Signed] A. Hare
DEPOSITION: James Bunch, age 17. Know Mrs. York and Mr. Brooks, not Mr. York. S. H. York was gone from this country about 1873. Mr. Brooks said he had notes on York and he would write Mr. York... money he loaned York when Mr. Hair and Mr. York was keeping grocery together. I was about 14 years old, was living with Ben Smith. I can't exactly tell when I was born. The conversation was just a little while before Mrs. York filed for divorce. Milley Ann Smith and Lizzie York was present.
Ma told me my age, about 12 months ago I was going on 17. James [X] Bunch
DEPOSITION: Sally Whitaker age [blank]. Knew Plaintiffs in 1868 and 1869. R. P. Brooks was building the jail about 1868, told Mrs. York he would let her have either the Daugherty or Mary Price place. She chose the Mary Price place in the Mary Price hollow that lies to the right of the Flynn's Lick road. Don't know my age exactly. Was about 18 then, I reckon. It has been about 8 or 9 years ago.
R. P. Brooks talked to me last Sunday at my house. May Denis and Ova Hunter were there... asked me a little about it, about the chains. Sallie [X] Whitaker
ADJOURNED, RESUMED WED. FEB 14, 1877
DEPOSITION: Elizabeth Hare 69, know parties. Matilda and Mr. Brooks were talking in my house. He asked how the deed was to be drawn. She said the two lots was to be deeded together and a quit claim deed to the other. They [S. H. and Matilda York] moved from my house in which I now live to the land Brooks let them have over the hill back of George Putties [sic].
They had to build a house and they lived at my house til they built it. Sally Hunter, now Sally Whitaker, was living with S. H. and Matilda York at my house at that time. Known Sally since a year or two before the war closed. General character good.
It was told on her that she was naked & all swelled up and after she went to Layton Meadows the swelling went away. It was all a lie. It was told she was in the family way but she was too young for that to have been so at that time.
I am the wife of A. Hair and the mother of Matilda York.
CROSS-EXAMINED: Elizabeth Hare states Sally Whitaker was too small to be in a family way when the conversation occurred. She is married, a respectable member of the community. [This and next deposition were taken at house of A. Hair in Gainesboro, filed 14 Feby 1877]. Elizabeth [X] Hair
DEPOSITION: Lizzie York, age [blank]. Was at the house of Matilda York, heard a conversation with R. P. Brooks. I am a daughter of S. H. and Matilda York, lived with my mother at that time. My father was in Missouri, gone two or three years. My father and mother moved from my grandfather Hairs to land Brooks let them have. Mr. Brooks said he would have made them a deed but Mary would not let him. Conversation took place between York and R. P. Brooks took in 1873, 1874 or 1875. I was about 14. My father wrote me when he was gone, included a letter to Mr. Brooks telling him to pay debts... they were due and just and for him to pay them to mother and the children. I read the letter to Mother, Mother showed the letter to Mr. Washburn. s/s Lizzie York
DEPOSITION: Robin Whitaker [no age given] states character of Sallie Whitaker not good. Live about one mile away, known her 4 or 5 years. States he was acquainted with A. W. W. Brooks when he was here in this country. He left about the last of the War. Have conversed directly with people living from the country where he lives now, nothing bad. John Whitaker said Sallie had swore lies. My mother is Rhody Whitaker. Have nothing against Sallie. Some were mad when they heard the talk, are friendly now. My mother is living with her. Been about 3 months since I saw Sallie. Sallie Whitaker is my sister in law. Others living in my neighborhood are: Abe Myers, C. & S. Lemons, John Blakely, Logan Dennis, Pink Dennis. John Whitaker is Sallie's husband. Rhoda Whitaker is John's mother. Polly Brazel is John Whitaker's sister, Will Whitaker is John Whitaker's brother. Sam Harris' wife is no akin. Robt [X] Whitaker
DEPOSITION: James Allen age 38. Knew Albert W. W. Brooks before the War and from about 1871-1875. The last four years was in Arkansas. He was charged with taking horses of Ensley Wilmore, is under indictment in Jackson Co. A. W. W. Brooks was a rebel soldier. When horses were taken it was during the late war. Seems there was others with him. James [X] Allen
DEPOSITION: M. L. Gore [no age], was acquainted with pecuniary condition of William Gore, not doing as well since the War, probably has property subject to execution. A. W. W. Brooks left in 1865, was indicted for taking Wilmore's horse in 1872 while a Confederate soldier. Don't know if on orders of superior officer or not.
DEPOSITION: Daniel W. Haws [no age], known James Bunch 5 or 6 years. Dr. Bennatt and Sam Chapman said he stole a horse or mule and rode out with a bad woman behind that he paid as his wife.
Q: Did you not hear he married that lady? Did you hear Mr. Murphery whom he borrowed the mule from say that he loaned him the mule?
A: I never heard a word of this. s/s D. W. Hawes
DEPOSITION: William Whitaker, states knew A. W. W. Brooks in Jackson Co. and in Randolph Co., Arkansas, good character both places. Don't know about Sallie Whitaker. Monday Sept 9, 1878. William [X] Whitaker
DEPOSITION: L. C. Hall age 60, states before R. C. Kirkpatrick left this country, he assigned several notes to me, I being his security in several cases. Don't know if R. P. Brooks ever paid Kirkpatrick anything for S. H. York. 9 Sept 1878.
DEPOSITION: A. J. Stafford, known parties since 1859. Understand Malinda [sic] York had me summoned as a witness.
Q: Who is complainant's attorney who is examining you today?
A: Joshua Haile.
Q: N. P. Haile's son Joshua?
Q: Is it Thos Haile decd son Joshua?
A: That's what I understand. s/s A. J. Stafford
DEPOSITION: 7 Sept 1876, D. A. Rawley age 50 [Nothing new], s/s D. A. Rawley.
DEPOSITIONS: Samuel Chapman age 30, Samuel [X] Chapman; John H. Stafford age 30 [Both testified as to character]. 24 Sept. 1878.
DEPOSITION: Logan Dennis age 28. Sallie's husband said she had been doing wrong with her nephew. John Whitaker is very dissipated, but agreeable with his family. Am acquainted with Nancy Smith, witness for Complainant. Logan [X] Dennis
DEPOSITION: Thomas J. Gailbreath, about 60. Knew Asa Pleasant from 1854 until he left this country in 1865, and known Gillem Upchurch 30 years. Considered good for debts, hard times after war, both their farms were levied on. Pinckney McCarver had his land levied on for debts. The courts was stopped some time after May 1861, the first company of troops left here about May 15, 1861. Collections commenced sometime in 1865. [Signed] Thomas J. Gailbreath
DEPOSITION: W. C. Anderson, age 59. Was security for about $300 in debts, had to go to Sparta and borrow to pay. Taken at his home 18 Sept 1878. s/s W. C. Anderson
DEPOSITION: R. C. Kirkpatrick age 53. Knew S. H. & Matilda York 1859, 1860 and 1861. I lived during these years in Gainesboro, Tennessee. R. P. Brooks never paid the note to me for S. H. York to best of my recollection. Taken Losangeles [sic] County, California 15 July 1878. s/s R. C. Kirkpatrick
DEPOSITION: S. H. York [no age], states he sold R. P. Brooks some town lots for $300 or $350, took notes in payment of Asa Pleasant, Gillem Upchurch, Eligah Burress, S. S. Stanton, William Gore et als, R. A. Cox & R. P. Brooks, providing Brooks would stand good for them.
DEPOSITION: John Medders 52, was acting constable in 1860.
DEPOSITION: Nancy Smith [no age]. Knew parties in 1868 and 1869, known Mr. Brooks since I was small. 1868-1869 lived on Woodfolk's land in the Free State. Was living with Mary Price on Mr. Brooks land when Mr. Brooks and Mr. York came and told Mary Price she would have to give possession at Christmas, that he had sold the place to Mr. York. Before I lived with Mary Price, I lived on Woodfolk land with my father in the Free State. Nancy [X] Smith
DEPOSITION: A. L. Wheeler, know parties. Mounce Gore died before the War. William Gore slow paying debts.
DEPOSITION: Martha Washburn age 25. Sally Whitaker's character good until she married into the Whitaker family. Don't know about now. Jim Bunch was a wild runabout boy up to last winter when he came to Gainesboro; never known him to steal.
YORK, JOHN M. GIPSON
JOINT ANSWER: John M. G. York & William York, Guardian of J. M. G. York to Bill of Complaint filed against them 26 February 1896 of Maggie York. J. M. G. York admits he & complainant married as stated, denies abusive, threatened to poison or that he said a man in the hollow would point her for $100. True they lived with William York, father of Respondent since their marriage, but respondent making action to move Sunday before their separation to land respondentt owned in Gipson hollow, had come to Gainesboro and bought furniture and household goods, put it up and cooked a meal or two, heard Complainant was about to file her bill. Complainant went to her father's, was to return next day to help in hog killing, never returned. Believes she married him just to gobble up estate that had been left him. No improper conduct between him and Jude Brown - that he said he had seen her was in jest, made in presence of Respondent's aunt. Respondent through his guardian purchased furniture, food, etc.
Charge that he offered to give her $300 to leave untrue. Owns land as stated except that on the north side of Cumberland river which is in litigation in State Supreme Court. Denies she is entitled to alimony, loves his wife. Respondent is of young & tender years being only about 17, while wife is senior by several years. Butler & Young, Solicitors [Signed] J. M. York; Wm York, Guardian by Sol.
AMENDED ANSWER: J. M. G. York states he did not say if she didn't leave he would get up some night and pour hot lead in her ears.
Respondent was sitting around with his wife and his father's family, picking banjo, she called him "Charley Meadows", was in jest, he said "Hush Teen" or "sit down Teen" or something like that, not "old one eyed Teen Meadows". Was in jest, she laughed, and she is just trying to hatch up excuses. Never told her to go out and saw wood for William York's family when she was sick.
William York states he is guardian of son J. M. G. York, has managed estate of his ward to satisfaction of court. William York is under good and solvent bond of County court. [Signed] William York, Guardian; John M. G. York
NOTICE TO SHERIFF: Ora Carter, material witness about to remove from State of Tennessee. Order to attach her [No date. Other witnesses subpoenaed, but no testimony on microfilm].
CAUSE HEARD: Complainant and defendant married in Jackson Co. 11 January 1896. Defendant abandoned Complainant, fails to provide, he is guilty of adultery with Jude Brown from Feb 1896 until present. Bonds of matrimony dissolved, maiden name of Spurlock restored. $300 in addition to what has been provided awarded. 9 March 1897.
REQUEST TO POSTPONE: Maggie York vs J. M. Gipson York, Plaintiff sick. 20 March 1896. J. T. [his X mark] Spurlock
BILL OF COMPLAINT: Married Jackson Co. 11 June 1896. Defendant is heir of J. M. Gipson, decd. [Bill repeats items set out in Defendant/Respondent's answer]. Asks $100 in alimony. Maggie [her X mark] York
YORK, S. R. & H. B., Administrators of Alex York, deceased
FINAL SETTLEMENT: Prior settlement 13 March 1901 is recorded Wills & Administrations, Book D, page 54. Balance due estate of $71.49, debts remaining to be paid of $166.63 shall be prorated among creditors. 4 April 1901.
PETITION: Bill is pending to recover major part of land of Lou M. Fowler. Cannot make satisfactory report until suit is settled. 3 Aug 1895.
DEED: I, Samuel A. Lee transfer to John M. Gipson and William York for his ward all my land in District 13 Jackson Co:
Tract 1: Beginning on bank of Cumberland river at Margaret A. Herod's northwest corner, to Denton Moore's line, north to Cumberland, along Cumberland River being same purchased by V. C. Lee of V. M. Fowler & wife 12 August 1874, 195 acres.
Tract 2: Begin Newton Moore's and Andrew Van Hooser's corners, to stake in V. C. Lee's line, eastward to top of hill, northwardly to Lee's line. 30 acres.
Tract 3: Begin at stake in Gus Lock's north boundary near top of ridge... to James Buchanan's corner... to V. C. Lee's corner. 15 acres. In all 240 acres more or less. [NOTE: J. M. G. York was a minor, necessary to get court approval to purchase, prove it was a good investment. No relationships given]. Samuel A. [X] Lee
ANSWER: Bill of Complaint filed by America Young. Married about October 1842, three children now living. Respondent states that health has been bad for a few years, not able to provide as well as he would like. Part of support furnished during that time by his brother. Admits has been too free use of intoxicating liquor. Complainant ever has had ill temper, he does not. Does not recollect charging her with anything criminal except charges he learned that her mother had made against her. However, during ill health has not had proper exercise of his reason, may not recall everything.
True she left respondent and took children and was living with her father and mother... denies he has been loafing about the streets...she took the furniture, so he had nothing to do but go about as best he could. Has been disinclined to visit and not welcome at his in-laws. True he did apply for writ of habeas corpus to produce the children.
Her father came in the night without his knowledge and took household property, which was under a deed of trust to Healey S. Young and L. B. Griffith as security.
Does not object to a divorce if she can show cause, wants possession of children, can educate them. 15 July 1854. s/s Merlin Young
AFFIDAVIT: Joseph Eaton and wife Elizabeth Eaton make oath that the Sheriff of Jackson Co. never applied for children of America Young in their presence, nor presented any order for same. America Young has been at their home for some time, she is of lawful age. Sheriff Wilmore came and asked where America was, said they thought she was at T. Settle's. 5 Feb 185[? - written over]. s/s Joseph Eaton, Elizabeth Eaton
PETITION: Merlin Young states after last term of court, Affiant's brother William Young awarded custody of two oldest children, Napoleon & Bertrand. Before he could get them, complainant secretly left with them, aided and abetted by Complainant's father and mother Joseph and Elizabeth Eaton. Their third child named Josephus, but called James, is a boy about or nearly eight years old, is now as he is informed at Joseph Eaton's. His brother William is willing to take, educate and provide for them. His brother has made two trips to Davidson Co. to ascertain their whereabouts without success. s/s Merlin Young
DEPOSITION: William Young states he gave defendant $300 or $400 since he and complainant separated, hasn't kept track. Defendant and Complainant kept public house at Gainesboro, Lafayette and Carthage. s/s William Young
BILL OF COMPLAINT: America Young against Merlin Young, states she married Merlin [fold, can't read] 1842. Three children of their marriage, Napoleon B. Young, Milton Bertram Young and James M. Young, all under age 12. Defendant failed to provide, intemperate, ill tempered. 11 Feby 1854. s/s America Young
[NOTE: Sistler's 1850 census index lists in Macon Co, TN, 953-412: Merlin Young 43, America 28, Mary 15, Napoleon 7, Bertrand 4, Joseph 1, T. B. Furlong 38].
END REEL #127
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Jane Hembree Crowley
Charles Reeves, Jr.,
Jackson County Coordinators
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