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
GORE, M. L. vs POTEET, ELVIRA & others Chancery 1895
[Note: This is a continuation of the Mounce Gore estate case on Reel #76. Only documents which reveal what may be new information will be abstracted. - mlj].
COUNTY COURT REPORT: Land sold in Jackson County, Tennessee 12 June 1893 pursuant to decree.
TRACT north of Cumberland River on Jennings Creek, 1000 acres... begin at W. H. Graves with corner of his 640 acres... corner of W. H. Graves 50 acre tract... mouth of a hollow... said Graves 34 acre tract to a tract... granted to John Vinson... stake in a line of Hudson 300 acres... to a stake in Macon County line... Buckner Crabtree's corner... S. ?N. Vinson's corner... Wade Graves line.
TRACT north of Cumberland River on Cane Fork of Jennings Creek being 381 acres... begin west boundary Crabtree's 50 acre tract, north boundary line of Herrod's 60 acres... west boundary line of Crabtree's 50 acres... west to Hudson line now Gilbert Crabtree's line... Joseph Griffith east boundary... west to Mathews line, corner of the Crabtree tract near the Kentucky spring.
TRACT north side of Cumberland River, Cane Fork of Jennings Creek, 127 acres... corner Crabtree 100 acre tract... northeast corner of Crabtree's Gore tract... Galey Keith with his boundary line... Crabtree's south boundary of his 500 acre tract... Mathews line and also the northeast corner of Gore's 5000 acre tract immediately east of the Smith County line.
TRACT north of Cumberland River on waters of Pine Lick Fork of Jennings Creek... begin at a stake in Mathis line the northeast corner of 500 acre entry in the name of Mounce Gore, afterwards owned by E. C. Gaines and Hiram Crabtree... corner of a 200 acre tract once owned by George Clark now Gore heirs... tract known as the John M. Clark land now owned by Gore heirs... east with Henson's line... running with Tinsley's line... north with Dodd's west boundary to Dodd's northwest corner of her 200 acre tract... northwest corner of Short or Dodd's 50 acre tract... west boundary of another 50 acre tract in the Short ?road owned by Mrs. Dodd... Roddy's northwest corner... Berry Allen's north boundary.
TRACT north side Cumberland River... begin east corner of Short 50 acre tract now owned by Mrs. Dodd... 50 acre tract granted to Thomas Price, Grant #319 Entry #2338, north boundary of a tract deeded by Settle, Whitley & Smith to Thomas Price... north boundary of Price dower now owned by John I. McCoin... to an elm on Odle's branch... north boundary of Pointers [or Painters] tract... top of a ridge in Keeling's line... to Brimstone Creek... northwest corner of Newt Kelling's Gore tract... ?Nick Moore tract... north prong of a Dry fork... Montgomery Huffhines beginning corner... north with his west boundary... Mathews line... corner of the Crabtree 200 acre tract... Berry Allen's 125 acre tract... corner of Roddy's 150 acre tract.
TRACT on the northwest corner of Perry tract... north boundary of Mosely tract now owned by John M. Burris... southeast corner of the Mosely 50 acre tract... being six acres.
TRACT on the top of a ridge in east boundary of David Griffith now Wm York land... fourteen acres.
TRACT north side Cumberland River... Lick fork of Brimstone Creek and on Webster Creek, bounded north by John Brown, Wm Jackson and the Jourdan old farm, bounded east by Cherry Henry Bailey Frank Bailey & Griffith, on the south by Clay Hix Wm Kitrell & others, on the west by Pointers, P. Short & others... 1800 acres.
Nos. 5328, 5329, 6721 to Jno B. McCormick and Mounce Gore & Grant #870 [several words inserted above line, can't read - mlj] were offered in bulk and the party who bid $13,525 being a better price was struck off to M. L. and S. G. Gore... notes with M. G. Butler J. M. Johnson L. B. Fowler G. R. Maddox and [?] B. Murray securities.
Various tracts on the south side of Cumberland River were not sold for want of a bidder. Submitted to July Circuit Court 1893.
CAUSE HEARD, case of I. B. Picket, G. M. Morgan & wife P. M. Morgan, D. H. Morgan and Elvira Poteet against
William Gore and wife Mary Gore, M. L. Gore, S. G. Gore, M. A. Pickett now M. A. McDearman and H. L. McDearman, George H. Morgan, Edgar Morgan, Mamie Morgan and G. H. Morgan guardian &c, Andy Gore, Byrd Gore, George Gore, Addie Settle & husband M. Y. Settle, M. ?D. Gore and M. ?D. Gore as Administrator of Mary Gore deceased and Luke Gore, Lee Gore and Alfred Gore.
...all matters have been settled except the question of advancement to William Gore by his father in his lifetime to wit 4 October 1850 by deed conveying to said William Gore a tract of land worth $1000 by M. Gore the father of William Gore, M. L. Gore, S. G. Gore, E. Poteet, I. B. Pickett, P. M. Morgan and grand father of the Morgan, Butler & Pickett heirs, died on the 14th day of December 1857 intestate in Jackson Co. The $1000 has never been accounted for. [No date].
DEPOSITIONS [No date]:
S. G. Gore, occupation farmer, age over 21. Gore heirs made a private sale of some land to the Hilham Lumber Co. a year or two ago in the 6th Dist., Jackson Co. /s/ S. G. Gore
BILL OF COMPLAINT of P. H. Leslie, Adlministrator of Mounce Gore against Joel Curtis, all of Jackson Co. About August 1857 defendant Curtis bought of Mounce Gore land in Jackson Co. bounded north by Curry Lee, east by Milly Loftis, south by Hiram Hamilton... about 150 acres... promissory note for $50 due one day after date... 15 August 1857. Gore executed title bond, was to make a deed when balance paid... believes remains unpaid.
DEPOSITION [No date] of M. L. Gore:
My father sold Henderson Herod two small tracts of land, think 1857. John M. Gipson was the register.
Question: You say you signed deeds as attorney in fact... don't you know you had no authority from William Gore, Mary A. Butler afterwards Mary Morgan, W. B. Butler, M. G. Butler and S. G. Gore because they were all minors in 1865 except William Gore.
Answer: T. H. Butler signed power of attorney as guardian, as well as wrote in S. G. Gore was 21 years old in June 1865, Mary Ann Butler was a minor and her father was her guardian and signed as such.
Question: Don't you know that Sam Gore was not 21 until 1866?
Answer: ...not positive if 1865 or 1866.
Question: What about the sale of land to Logan Hufhines in October 1868?
Answer: Mr. Daniels bought a peace [sic] of the Gore heirs and Daniels sold to Hufhines. /s/ M. L. Gore
POWER OF ATTORNEY: We the undersigned W. C. Poteet, Tom R. Poteet and Geo H. Morgan appoint D. H. Morgan power of attorney to sign a refunding bond of $650 as sureties of Elvira Poteet... case of M. L. Gore against Elvira Poteet and others... 13 June 1892. /s/ W. C. Poteet, Tom R. Poteet, Geo H. Morgan
BILL OF SALE: We Elvira Poteet, William Gore, William Pickett, Ingaber B. Pickett, J. M. Morgan, Paulina M. Morgan, Eliza J. Gore, Mounce L. Gore, Samuel G. Gore, George H. Morgan, Mary A. Morgan, W. B. Butler and Mounce Butler heirs of Mounce Gore deceased... for $170... to F. M. Bailey of Jackson County, Tennessee, tract north side of Cumberland River in Dist. 13... begin northwest corner of 100 acre survey in the name of Rubin Bailey... containing 68 acres. 12 Feby 1870 [or 1876].
[All grantees named were listed as signed "by M. L. Gore" - mlj].
PETITION TO SELL LANDS filed 7 March 1859.
DEPOSITIONS about August 14, 1895; at end, states "Adjourned to August 15, 1895":
J. M. Morgan [No age].
Ques: When did you first come to Gainesboro to live after the close of the late war.
Ans: October 1865. M. L. Gore came in the Fall 1865. He and Tom Carden boarded with me while I lived where J. V. Minor lives the last of 1865 and I think Mounce boarded them in 1866. I lived at my father's May to October 1865. I think Mounce [could possibly Mounce L.] lived with his mother on Roaring River up to the time he came to town and went into business with R. C. Kirkpatrick.
There was no [ferry] boat at Tom Speakman's or Norris Crowder's. We came home that way and swam our horses by the side of a canoe... think we went up by Jennings Creek.
George H. Morgan was building a new house where L. S. Anderson now lives in 1870 when he was a candidate for attorney general. His wife boarded with me when he was a candidate. Think he moved in his house Fall 1870. Do not think it was after he was elected. When they boarded with me it was mostly after Dan'l Harvey was born and think he was born May 1870 and he was born at T. H. Butler's at Columbus where Mary Ann, his mother, had been staying for some time before he was born.
Do not remember if Lou Butler ever boarded at M. L. Gore's when she went to school. T. H. Butler lived at Columbus in 1869. I was at his house at the marriage of my brother George to his daughter Mary Ann in April 1869.
Ques: Is it not a fact Thomas H. Butler brought his daughter Lou to M. L. Gore's house in 1869... in order she might attend the fall session of school in 1869 in Gainesboro.
Ans: No recollection if she did. /s/ J. M. Morgan
NOTICE OF LEVY: Whereas A. Jackson Stafford and Robert A. Cox filed a bill of complaint against M. L. Gore and W. N. Pharis and others... by fraud or mistake was left out of an execution and decree rendered in the [State of Tennessee] Supreme Court... case of A. J. Pharis and others against Mounce Gore heirs... Sheriff has levied on mare of A. J. Stafford... asks injunction.
DEPOSITION: Additional Statement of J. M. Morgan to his deposition heretofore given... [Was questioned about various suits, fees, sales of land/timber - mlj].
Ques: When was L. K. Smith employed in this case?
Ans: I asked him to prepare petitions to open bidding on the last land sale... came into court 9 November 1897.
Ques: L. K. Smith is your nephew, is he not?
Ans: He certainly is... he was Deputy C & M in Chancery. /s/ J. M. Morgan
LETTER: Preston H. Leslie, U. S. Attorney for District of Montana to W. W. Draper, Esq.
Stated he was administrator of Mounce Gore, can't find the papers and book, which was very detailed...will continue to search.... that Mounce Gore made advancements in his lifetime to his children Wm Gore, Mrs. Potete and Mrs. Butler... names of slaves were all given in the book.
"I am very sorry to hear of all the troubles and disagreements among that family. I never knew a cleverer or better family in my life...remember me to them... /s/ P. H. Leslie
DEPOSITIONS- No date; at end, states adjourned until Thurs Aug 1, 1895:
M. L. Gore [No age]. Father at death owned two large tracts of 5000 and 4000 acres. The land purchased by me and M. G. Butler included the old Duke Allen home place... after he and his wife died, their children claimed it and they lawed us a long time... we finally got it. /s/ M. L. Gore
R. V. Brooks, lawful age. Born and raised in Jackson Co., know Gore heirs except Mrs. Poteet, have had experience winding up estates. /s/ R. V. Brooks
H. H. Herod, live Jackson Co., farmer. Bought and sold logs that came from the Gore place. /s/ H. H. Herod
L. K. Smith age 35. Was appointed receiver [of Mounce Gore estate] March 23, 1892, order is in M. D. "M", page 265. /s/ L. K. Smith
E. A. Brown, lawful age. Took some logs to Nashville in 1892 with Marsh Spurlock... came from Gore land. L. K. Smith was on the raft at Nashville and had charge of selling them. /s/ E. A. [X] Brown
L. K. Smith. Col. M. L. Gore was in Nashville in 1892 or 1893 when the logs were sold. /s/ L. K. Smith
M. L. Gore age 56, live 9th District, am a farmer & deal in lumber & logs. /s/ M. L. Gore
J. L. McGlasson, will be 60 years old Sept next, live in Clay Co. on Brimstone Creek, farmer. Bought some of the Gore land from M. L. Gore in 1867. /s/ J. L. McGlasson
John I. McCoin age 69, live 13th Dist, Jackson Co. on Pine Lick Fork of Jennings Creek, am a farmer. Known J. M. Morgan since he was a boy, M. L. Gore, Wm M. Pickett, Wm Gore about 40 years. Bought some Gore land before 3 April 1871. /s/ John J. McCoin
[Note: Every document, except his signature, looks like "John I. McCoin" - mlj].
A. G. Keith, previously gave deposition. Was an administrator of E. C. Gaines, decd. Wm Gore surveyed to lay off homestead & dower, then to make the sale. /s/ A. G. Keith
W. H. Lee age 41, live Jennings Creek 4th District, farmer. /s/ W. H. Lee
J. M. Burris age 55, live 6th District, farmer. Purchased some land of the Gore heirs. Got up the trade with Wm Gore... he surveyed it. /s/ J. M. Burris
ADJOURNED until Thurs, Aug 1, 1895.
F. M. Bailey age 53, live 8th Dist, Jackson Co. To my recollection the deed [to Bailey] was made 1870, J. M. Morgan wrote the deed and note. /s/ F. M. Bailey
John S. Quarles age 57, live Jackson County, am a farmer. Know parties to suit. I and Gid H. Lowe bought timber on the Hawk Clift [sic] tract on Roaring River from the Gores. /s/ Jno S. Quarles
ADJOURNED until Thurs, Aug 8, 1895.
John V. Minor age 61, druggist, live Gainesboro, know parties to suit. /s/ J. V. Minor
G. H. Morgan, am a defendant. I married a grand daughter of Mounce Gore, deceased. My wife in her lifetime represented 1/3 of one share. I married to her on 15 April 1869. She was then I believe in her 25 year. She died 6 May 1883 leaving three children. I was appointed guardian 1st November 1886. Have been a practicing attorney in Jackson Co. more than 25 years.
ADJOURNED, to be finished at Bloomington at the residence of John P. Murray 26 June 1895.
[Continued with G. H. Morgan - mlj]. My wife died 6 May 1883 [Several more pages, nothing new - mlj]. /s/ G. H. Morgan
DEPOSITION 27 June 1895:
Elvira Poteet at her residence in Overton County. Live ?Netherland, Overton County, 25 miles from Gainesboro. Have lived here 49 years. My husband died 8 December 1868, have been a widow since. I have been post master and Deputy for 45 years. Never executed Power of Attorney to M. L. Gore.
I knew Thos H. Butler in his lifetime. I was postmaster all the time except a short time my husband was postmaster and Deputy. I would have recognized T. H. Butler's handwriting at one time, but not now.
I was sent $40 [by the negro] uncle Jim Gore, do not remember the date.
Ques: Did W. M. Pickett die before 1888.
Ans: Don't remember. Don't remember when the negro Jim Gore died. /s/ Elvira Poteet
N. B. Young [No age]. Was postmaster at Gainesboro 1886 and 1887. /s/ N. B. Young
William Gore, age 71, live Jackson Co., am a farmer and surveyor. Don't recall making power of attorney to M. L. Gore in 1965. Sold Gore land to John I. McKaughan, C____ Roddy, John M. Burris and Frank Bailey. The heirs agreed not to charge each other for the work we did on the estate. John McKaughan [McCoin] gave me a note on Eligah Burris for about $55, a yoke of steer and $2.50. I took the steers home and gave the note to M. L. Gore.
ADJOURNED to 19 June 1895.
Land sold to John I. McCoin for $2.50 per acre. Other tracts sold to pay taxes after the war were to Ezekiel Carnyhan [Carnahan] and W. B. Roddy. J. J. Phillips bought part of the land. Joseph Hix, Green McGlasson, William Gentry and Henderson Gentry, G. R. Loftis maybe bought some Gore heirs land.
... my son Lee Gore.
I surveyed most all the land south side of Cumberland River; that adjoining Edward M. Casson, Bailus Anderson, Pierce Phillips, William Stafford, John M. Burris, Absolom Pharris, Mary Roten, Elias Gore, Jones Mercer, land in Overton County that includes Ed Cox land. If the adjoining property owners called on me to survey it, they paid me.
Some of the chain carriers were Geo Carlisle, Ellis Carlisle, Sid Pryor. One of the chain carriers for the Burris land was Bill Roddy.
On the north side of the river I surveyed land adjoining James Cunningham.
Question: When did you get home after the late war closed?
Ans: May 1866. My family lived at my mother-in-law Mrs. Denton's. We continued there a year and a half or two years. We moved from there to the long hollow above Bailus Anderson.
I laid off [surveyed] a piece of land for Mordecai Hance, between 20-30 acres. It was wild land, in the hills and hollow, no improvements, some timber.
Question: Did J. M. Morgan agree to let Hance have this land to settle the matter between them about the Hance pension matter?
Ans: Heard something like that, don't know. /s/ Wm Gore
R. H. Meadows [No age]. Am the same Robert Meadows who bought land John H. Stafford got from the Gore heirs. Paid M. L. Gore $150. /s/ R. H. Meadows
ADJOURNED to Monday July 22, 1895.
Lee Gore age 33. I am a son of defendant Wm Gore.
Question: Did you help William Denton haul logs from the back of G. C. Jordon's farm in 1883?
Ans: Yes. Dr. Jordon was at Spencer at the time. Uncle Billie [Denton] made the trade with Jordon. There was another grove of timber and Jordan told Uncle Billie it was his and to cut it. /s/ W. L. Gore
I. B. Pickett [No age, no information other than indicated not happy with M. L. Gore's management of the Mounce Gore property - mlj].
ADJOURNED to July 31, 1895.
Elijah Burris age 87. Bought a barrel of salt from John I. McCoin and gave him my note for $35.00 about the close of the late war. McCoin sold the note to Wm Gore. I paid the note to M. L. Gore, have some of the receipts. /s/ Elijah Burris
G. R. Loftis [No age]. Made a contract to buy Gore land with M. L. Gore. Me and Henderson Gentry and William Gentry bought a tract together and divided it up between us. All the heirs signed in 1880. Wm Gore surveyed it and told me M. L. Gore acted as agent. Wm Gore said whatever Mounce Gore done would be alright. G. R. [X] Loftis
John H. Stafford, age 47. Am a farmer, but have a license to practice law. Live 1st District, Jackson Co., 1 1/2 mile from Gainesboro. Bought a piece of land from M. L. Gore, about 75 - 100 acres in 1878. Never was surveyed as far as I know. Never gave a note and never received a deed for the land. Live on the adjoining land Gore heirs sold to J. W. Stafford. /s/ J. H. Stafford
J. W. Stafford, lawful age. Bought land of the Gore heirs in the year of the big storm in 1878, $5.00 an acre, amounted to about $1215. [J. W. Stafford was further examined 23 July 1895, nothing new - mlj]. /s/ J. W. Stafford
Galey Keith age 62, lived Jennings Creek in Jackson County about 35 years. My land joins the Gore land. The land is badly broken and hilly, valuable timber, about 8 or 10 miles from the west boundary of Cumberland River. There are a great many people living on the land... trespassing... great deal of trouble stopping them... don't know if you could. There are problems locating boundaries, titles overlap, someone might claim a superior title. /s/ A. G. Keith
E. L. Gardenhire age 78. The case of M. L. Gore vs Blaylock was an action of Ejectment, involved about 2000 acres. The eastern boundary involved the county line between Fentress and Overton [Counties]. It was necessary to prolong the boundary line in the direction of the Kentucky line... had to see all the aged men in the neighborhood to locate the lines - Lee Taylor Don Ashburn ?Tivo McComack [McCormack] John Watson Hoover among others... lived many miles apart. /s/ E. L. Gardenhire
W. G. Butler [No age]. Cases where Gore heirs were defendants were David Allen vs Gore, M. C. Maxwell vs Gore. I never expected I wouldn't be paid for my [legal] work. There were eight original heirs and I was only entitled to one-half of one-eighth of the whole.... my sister Mary Morgan and brother W. B. Butler... my father T. H. Butler. I had conversations with Wm Gore... he said... J. M. Morgan thought he was giving away the land... drinking and wasting it, and that he gave it up and they all signed an instrument placing it in the hands of M. L. Gore.
A few years ago M. L. Gore's health seemed to fail considerably and about the same time there seemed... unkind feelings between him and Mrs. Pickett. He and I were securities on a note executed by her husband W. M. Pickett to S. G. Gaines and he was pressing us. Mrs. Pickett said M. L. Gore ought to settle it that he had sold land and timber and had not paid over her part. He said the heirs owed him more for taxes than he had collected.
I talked to Aunt Vira (Mrs. Poteet) she would ask me what Mounce (M. L. Gore) was doing about the land. I advised him he should make a settlement because if he died it would get in litigation. I said if it came to litigation between the family I would not work for either side.
I am a son of Thomas H. Butler, deceased. I was born May 11, 1849 and was 21 years old 11 May 1870. I am a nephew of M. L. Gore. Feelings between M. L. Gore and my father were kind until the winter of 1869 or 1870. T. H. Butler, J. S. Quarles and Z. Vanhooser were opposing candidates for circuit court clerk. M. L. Gore espoused the cause of Quarles... hardness and misunderstanding between my father and M. L. Gore over a monied transaction estranged the whole family for a time. Prior to that time myself, brother Bailey and sister Mary and M. L. Gore were on friendly terms. My grand mother and aunts on my mother's side fell out with my father and he with them before the war... over some supposed mistreatment of me, my sister and brother that was received which my father permitted.
I was at the marriage of my sister to Geo H. Morgan. I think M. L. Gore and his wife were there too.
Ques: J. M. Morgan in his deposition on page 45... "M. G. Butler and his step mother passed the place where I was planting an orchard... I heard M. G. Butler say to his stepmother... Uncle Job had better get a title to his land before he plants an orchard... Did you...
Ans: Can't say if I did or not... The deed to J. M. Morgan bears date of 1871... I did not sign until after I was married which was 1873.
My father lived at Columbus [on a farm he got from William Gore]... I stayed mostly here in town.
My sister Mary A. Morgan was born either the 1st or 5 June 1845. Brother Bailey 14 May 1847. S. G. Gore was born either 1st or 5th June 1845. /s/ M. G. Butler
[Note: New defendant/folder, still part of the Mounce Gore died 1857 estate - mlj].
NOTICE OF DEPOSITION: 7 October 1893 at residence of Wm Murray in Clay Co., will take depositions of W. B. Roddy and Hyram Crabtree.
PROSECUTION BOND: S. G. B. Allen, principal and J. Haile, G. G. Haile, D. B. Johnson and J. T. Anderson as securities. /s/ S. G. B. Allen, D. B. Johnson, Geo H. Haile, J. T. Anderson, Joshua Haile
DEPOSITIONS [No date]:
R. M. Maxwell. Was a regular deputy sheriff in 1891 in Jackson Co. /s/ R. M. Maxwell
Lewis K. Smith. Am acting J. P. of Jackson Co. since Sept 1888. /s/ L. K. Smith
M. L. Gore. Am a plaintiff with other Gore heirs, action of replevin [regain property alleged gotten illegally - mlj]. Berry Allen is the defendant... to recover some logs believed cut from Gore land. /s/ M. L. Gore
POVERTY OATH: Unable to bear expense of trial. 9 Mar 1897. S. G. B. [X] Allen
DEPOSITIONS 13 & 14 October 1893 at Burris Mill on Pine Lick Creek:
Hiram Crabtree age 76. Live in Clay County, am a farmer. Am the son in law of Edwin Price, deceased. When I lived in less than one-fourth mile of his house, he showed me the Mathis line [also spelled Matthews elsewhere - mlj]. I made an entry adjoining said line on the north. The regular surveyor of Monroe County, Kentucky commenced surveying where Edwin Price showed me the Mathis line... obtained grant from the Commonwealth of Kentucky.
About 10 - 12 years ago I and Joe Crabtree undertook to locate the Edwin Price lines. Bill Gore sent papers on the entries... among them was the entry to the 200 acres entered by Reuben Carter dated about 1835-1836. I am a practical surveyor... made several surveys in Clay County, one for Berry Allen the defendant in the suit... commenced Mathis line. /s/ Hiram Crabtree
W. B. Roddy, age 59, live Monroe County, Kentucky, am an attorney. I was along when S. G. B. Allen had the east boundary line of the land in controversy run. The surveyor Hiram Crabtree began at the south boundary line of the survey made by Plesant [sic] Henley. /s/ W. B. Roddy
M. L. Gore. Logs were taken of land covered by Grant 5329 to John B. McCormack, assignee of Alfred King dated 30 June 1837 and based on Entry 2448 dated 30 November 1838. Said Grant and also Grant 6761 dated 15 March 1839 from the State of Tennessee to John B. McCormack, assignee of John Gore based on Entry 2440 dated 30 November 1836 and Grant 6709 dated 21 January 1842 based on Entry 2450 dated 3 November 1836 are covered by Sheriff's deed from William W. Goodall to Mounce Gore dated 17 November 1854. I know where the Reuben Carter entry of 200 acres is located.
John I. McCoin. Know parties, land in controversy. [Similar to testimony of M. L. Gore, above. Typewritten, no signature - mlj].
REPORT OF COURT - Defendants introduced as evidence:
Grants from the State of Tennessee to Reuben Carter; No. 2287 December 21, 1835; State of Tennessee to Reuben Carter No. 10180 dated 25 August 1849; No. 5116 dated April 27, 1837.
Deed from Robert Montgomery to Edwin Price dated 7 Feby 1851.
Deed from Edwin Price to Callip [sic; possibly Caleb] W. Short, James F. Short, Edwin P. Short, David C. Short dated 28 Sept 1867.
Deed from C. W. Short, J. F. Short, E. P. Short and D. C. Short to Hyram Crabtree dated 18 March 1872.
Deed from Hyram Crabtree to S. G. B. Allen
Testimony of Salliman G. B. Allen, who stated he was defendant in the case and proposed a settlement with M. L. Gore by arbitration without a lawsuit.
PETITION of Mounce L. Gore of Jackson County... will show that Wade W. Lyon and others filed a bill of complaint against William W. Woodfolk and others on 4 Feby 1869 to have lands of their ancestor William W. Woodfolk partitioned and to appoint a receiver.
On 2 November 1870 John Marshall, John B. McEwen and David Campbell filed alleging they hold title to part of said land by deed from William W. Woodfolk as one of the heirs of Joseph B. Woodfolk.
[Blank] 18[blank] Eliza A. Miller filed a cross bill against William W. Woodfolk and others.
[Blank] 18[blank] Benjamin Barr filed a cross bill against William W. Woodfolk and others setting up claims to land... consolidated causes are still pending. Robert A. Cox was receiver until October 1873 when Petitioner was appointed.
[Blank] August 1873 James A. Ledden, Birdett A. Lewis of the State of Virginia, Robert Ewing administrator of James M. Mason deceased of the State of Tennessee and The New Orleans Canal and Banking Company of Louisiana exhibited their bill in Chancery at Nashville against William W. Woodfolk.
By a decree made November 1873 in Chancery Court at Nashville, R. P. Brooks was ordered to take charge of all property mentioned in the bill except the Nashville homestead lands. Among property listed is William W. Woodfolk's interest in the Jackson County land of his father William Woodfolk in District 3 bounded by W. W. Woodfolk, the Cumberland River, land known as the Isaac Sloan tract, the James Ray tract, Alexander Flat, widow Halls land and land of Rufus Herring and others.
Said David Campbell, John B. McEwen are the minor heirs of John Marshall, deceased.
[Note: There is a great deal on Woodfolk heirs on other reel(s) - mlj].
[Note: Very little on this case. May be more on reel which contains Stephens - mlj].
RECAP OF CASE: Annie R. Stephens et al vs R. V. Brooks. Plaintiff introduced M. L. Gore who states "I am the agent of Stephens heirs... had charge of their land 14th District Jackson County, Tennessee 1896 and 7... rented portion in 1897 to Henderson ?Cornwell".
John J. Gore [ No age]. I am assisting my father in collected rent on Stephens land. About the 1st of last Feby, went to Cornwell's house to collect rent. /s/ John J. Gore
[Note: Still involves Gore estate, different defendant, in new folder. Also part of this case is on Reel #58, possibly Reel #59. The land in dispute was valuable mostly to "catch rails"; when there was a flood, the wood rail fencing of other farmers further upriver lodged on the island in Roaring River - mlj].
BILL OF COMPLAINT of Elizabeth Chaffin, Marion Chaffin, John R. Chaffin, Benjamin B. Chaffin, Labin Loftis and wife Eliza Loftis, G. R. Loftis and wife Sallie Loftis, F. M. Loftis and wife Mary Loftis, Martha Chaffin, James Chaffin, Polly Elizabeth Chaffin, Noah Chaffin, Luke Chaffin, the latter three minors by guardian and next friend John R. Chaffin and Mary Elizabeth Chaffin also a minor by her regular guardian Elizabeth Chaffin and Shade Murray of Jackson County, Tennessee against
M. L. Gore, S. G. Gore, Eliza Gore, William Gore, M. G. Butler, George H. Morgan and wife Mary A. Morgan, J. M. Morgan and wife Pauline Morgan, W. M. Pickett and wife Ingaber B. Pickett of Jackson County and Elvira Poteet of Overton County and W. B. Butler of the State of Texas, defendants.
Complainants are all citizens of Jackson County except Marion Chaffin of Ozark County, Missouri and Labin Loftis and wife Louiza of Sumner County, Tennessee.
Complainants except Shade Murray and Elizabeth Chaffin are the only heirs at law of Abner Chaffin, who departed life in Jackson County, Tennessee Sept 1869. Elizabeth is the widow of deceased. Abner died seized and possessed of the following land in the 1st District of Jackson County, south of Roaring River... Abner Chaffin was at death owner in fee simple... includes an island now formed on Roaring River below Uriah Stafford's farm. Orators/Oratrixes except Shade Murray and Elizabeth Chaffin are now owners... formerly no island, only a Sycamore bottom.
Complainants, descendants of Mounce Gore, state island is theirs.
CAUSE HEARD 20 March 1883. Proof in favor of Complainants.
Complainants introduced and read a grant from the State of North Carolina to John Brabble in 1793.
Also a deed from Benj Johnson to Nim Johnson in 1816.
Also bills [of complaint] orders... cause of Samuel Johnson vs Washington Morgan, et al.
[Note: This stated the Complainants prevailed, which appears to have been the Chaffins, not the Gores, who filed a later cross-bill of complaint. This case is also on Reel #58, and possibly continued on Reel #59 - mlj].
AFFIDAVIT of John R. Chaffin, who makes oath... cannot go safely to trial without evidence or depositions of Thomas Smith, Jesse Mayberry, Molinda Green, Samuel Johnson, William Johnson, John Reed... will be necessary to have copy of Grant from the State to John Brabble, heir of James Brabble, deceased. 21 March 1882.
ANSWER: Gore heirs to Bill of Complaint of John R. Chaffin, et al. During the late war, deed destroyed from Elijah Ewing to John Crawford for a large portion of the 640 acre Brabble grant. Said land descended to the heirs of John Crawford and their mother Ellenor Gore was one of said heirs and their father Mounce Gore purchased by deeds the interest in said land from all of said Crawford heirs except the share of their said mother. 4 July 1881. /s/ J. M. Morgan, M. L. Gore
DEPOSITIONS about August 22, 1882:
James Denson age 71. Was born in the State of Indiana, came to Jackson County at age two. Knew Mounce Gore from the time I could first recollect until he died, knew Nimrod Johnson. Lived 4 - 5 miles from Mounce Gore.
John Cummings [elsewhere states Cunningham] attempted to build a ford around Roaring River. It was the first ford above Tally's hollow at the upper end of Gore Lane and leading across from Gore farm to where Mrs. Chaffin now lives. I worked 8 or 10 days on it, used rock and timber. Got most of the timber off the island. Nimrod Johnson said get it off the island.
My parents told me I was born 10 March 1811. First lived on Morrison's Creek near Matt Loftis.
Those who assisted building the ford were John Putty and John ?Cummings.
Question: Did you know a man by Armstead Abbot and a Dutchman who passed themselves as Federal soldiers... you said widow Gore was a rebel and they could get good stock there... then when they said they were rebels and were going to shoot you, did you not jump from your horse and escape...
Answer: Was not on a horse... was on the ground... I got away.
Question: Did you not tell them Abner was a good Union man.
Answer: No sir.
Question: Did you not tell them that Shel Dudney who lived near was a terrible rebel but was poor and had nothing worth taking.
Answer: I told them he was a rebel, not that he was a poor man.
Suppose I was 25 or 26 when I worked on the ford. James [his X] Denson
B. B. Chaffin age 31. I am a son of Abner Chaffin. Have known the island since I was ten years old. Father purchased the lower Nimrod Johnson tract. In my father's lifetime I remember the Gores sending Abe Gore, a black man who lived there, for permission [from my] father to get wood off the island. Another time they sent Henry Gore for permission. Since my father's death, think in 1872, there came a fresh [heavy rains] and threw a lot of rails on the island. Bill and Sam Gore came to us and forbade us from getting them... didn't hinder us. Father claimed the island from the sale up to his death September 9, 1869. Since his death my mother and his heirs claimed... Lived there since father bought the Ben Johnson place. The island is about one-fourth mile from where we lived. /s/ B. B. Chaffin
ADJOURNED, resumed August 24, 1882.
Thos D. Young age 56. Knew Mounce Gore, Abner Chaffin, Nimrod Johnson. Known the island 35 or 40 years. Been on the island before the freshet of 1847. I worked for Abner Chaffin after he bought Nimrod Johnson's land at the sale... removed to where his widow lives now.
There's another island below the one in dispute called Gore's island. In times of low water the south side of the island is dry except for ponds, and water runs on the north side.
Question: Have you seen old Jince a slave belonged to Mounce Gore and Sid and Le [sic] Settle who lived with him hauling wood rails... off the island.
Answer: [Affirmative]... reckon 25 - 30 years ago... before the death of Abner Chaffin.
Question: How often have you seen Abe Gore (col.) get rails ... belonged to and lived with Mounce Gore?
Answer: Don't recollect.
Question: What is your relationship to Complainants.
Answer: Mrs. Chaffin is said to be my cousin.
Question: Did not Mike Henry once own where the widow Chaffin now lives...
Answer: McHenry lived where Mrs. Chaffin now lives... don't know if he claimed it... /s/ T. D. Young
John Birdwell age 70. Knew Mounce Gore, Abner Chaffin, Nimrod Johnson, John Cunningham. Known island since old man Cunningham was building his mill dam 45 - 50 years ago... helped work on it.
When I first knew it, the island was on the south of the water course. No water south of the island except ponds or when there was high time of water. Berry Young requested we drag the pond to ketch a turtle for him.
Nim Johnson or his renters was in possession... cultivated it one year himself.
Old man John Cummins [sic] built the dam the ford the mill &c. /s/ John Birdwell
B. F. Birdwell [No age]. Abney [sic] Chaffin claimed the island when I worked for him. Mrs. Chaffin is my aunt. Her children are my cousins. /s/ B. F. Birdwell
Thomas Birdwell [No age]. Knew Abner Chaffin 11 or 12 years before his death. He was my uncle. I worked for him. Most of the work was 1863... on Roaring River where his widow now lives. The widow Chaffin is my aunt by marriage and the children are my cousins. I was sixteen years old when I worked there. /s/ T. E. Birdwell
Thomas G. Gentry, age 65, born and raised in this county. Except for two years, spent the balance of my life here. Known the island 45 or 50 years, lived about 1 1/8 mile from it when I first knew it. Passed it going to school... think it was a three months' school. When I first knew the river it run where Hugh Stafford field now is from there to the Bluff and down the bluff to the ford there at Betsy Chaffin's. At that time there was no island there, if I understand what an island is, water must run on both sides - nothing but a syckmore [sic] Bottom then... the river run over the Bottom when it was high enough to be out of the bank.
Question: Who controlled the island in Nimrod Johnson's lifetime.
Answer: Have heard Saml Johnson say he had the privilege of using the wood rails... that his father was using it in his own right. I did not know Abner Chaffin in his lifetime.
Mrs. Chaffin is a cousin of mine.
When I went to school, Hoy Davidson was the teacher. School stood on the second Bottom near the land between the Ben Johnson tract and where Josiah Mclellan lived, then owned by Nimrod Johnson I mean the Ben Johnson tract.
School stood a little below the mouth of Morrison Creek and it was on a tolerable high bank. /s/ Thomas G. Gentry
Elizabeth Chaffin [Age 64]. I am the widow of Abner Chaffin, deceased. Known the island ever since I was a little girl. I am 64 years old. My husband took possession in 1858 between Christmas and New Year's Day. The Gore heirs notified us to quit getting wood rails, but we continued until the suit. Henry Gore col. came... asked permission to get a load of wood off the island. Don't remember when. /s/ Elizabeth Chaffin
ADJOURNED, resumed 23 September 1882.
DEPOSITION 31 August 1880, taken at Gainsville, Ozark County, Missouri..
F. M. Chaffin, age about 40. Known parties to suit 34 years. I am a son of the defendant Elizabeth Chaffin. I am a son of Abner Chaffin and resided with him from my birth to age 21 in Tennessee. Raised in about two miles of the land purchased by Abner Chaffin at the Nimrod Johnson sale. [Not signed, but certified by Clerk of Court - mlj].
Uriah Stafford. Born 28 April 1801. Came to this country in 1828, lived here since except one year that I lived in the District - first came to this neighborhood, rented from Nim Johnson next to Mrs. Chaffin, now Chaffin's upper tract. Was there in 1829 and 1830. Johnson showed me the line between Josiah McClenden tract and Nim Johnson.
Question: Was the Locust [honey locust tree] corner you have spoken of near the river.
Answer: It was right on the river bank. Old Josiah McClelland blazed a place on it for my brother's wife and others to battle clothes on it.
I knew Nimrod Johnson from late in the fall just before Christmas in the year 1828 until he died. Can't tell you when he died... a great many years.
Been confined to bed will be five weeks Saturday.
Question: You say you are about eighty years old. Is your memory as good as it was when you were young.
Answer: Things that occurred 30 years ago I remember very well... things at present I don't remember... don't pay as much attention.
Question: Nimrod Johnson had two tracts of land on Roaring River in 1829.
Answer: ... several tracts... one up where little Jones Mercer lives and the one that Sam Johnson [Can't read] and the one [Can't read] McCleland tract, and apart [sic] where old Billy Johnson now lives that he bought from old Jacky Burris.
Question: Do you know whether Nimrod Johnson owned a tract he got of Benj Johnson at that time.
Answer: He said he bought a tract from Ben Johnson. I don't know which tract he got of his brother Benj the upper or the lower tract. *Uriah E. [his X] Stafford
[*Whoever wrote "Uriah" here spelled it "Hughah" - mlj]
DEPOSITION 5 March 1880, at residence of Eliza J. Gore and S. G. Gore:
Eliza J. Gore [No age]. Knew Abner Chaffin. Came to see my mother about 1858 about getting rails off the island. My mother died in 1878. I think Abner Chaffin lived about eleven years after that. /s/ Eliza J. Gore
DEPOSITION 8 March 1883:
S. S. Dudney about age 65, born and raised in Jackson County, in the lower part of the county below Gainesboro, then about age twelve came to Gainesboro and stayed some five or six years. Known the island 42 or 43 years. Lived nearest in 1857 and did live a good many years at the mouth of Tallie's hollow. In 1857 lived on Nimrod Johnson land known as the Ben Johnson tract. Sam Curtis lived on the tract next below the Ben Johnson tract. In 1857 I was cultivating tobacco on said island. I had cut some undergrowth and Mounce Gore came to me and said I had done a good job, but not cut any more as he wanted it to use it to catch rails. /s/ S. S. Dudney
[Note: Reel #78 has still more on this case - mlj].
END OF REEL #77.
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