Jackson Co., TN Loose District/Chancery Court Paper
Reel #86, Jackson-Johnson, J.
[Note: Reel #87, Johnson-Kieth, S. contains "J" divorces]

Genealogical Abstracts by Mary Lu Johnson

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

1904, JACKSON, S. A. vs JACKSON, DAISY, Bill for Divorce. Both citizens of Jackson Co., TN; married in Jackson Co. about 16-17 years prior. Before Hon. D. L. Landen, Chancellor. No depositions in case. Other names mentioned were Benate Young, Bercha Blakeley, Jordan Hunter, and Robert & Harvey Rains. 13 September 1904

1893, JENKINS, G. J., Administrator of GAINES, S.B., deceased. 22 November 1894, first settlement of estate before J.W.H. Brooks, Clerk of Circuit Court. "There being 9 heirs to the demised, believes each heir gets $22.13.

[1] Delia Sisco - her share $22.04

[2] W. S. Wilson - his share "

[3] C. P. Forkner - her share "

[4] E. F. Gaines - his share "

[5] J. C. Gaines - his share "

[6] Daisy Gaines - his [sic] share "

[7] Craton McCall - his share "

Total credits of distribution shows $154.28

Trust for [8] Wm Gaines & [9] Houston Gaines, minor children

15 Dec 1890, S. B. Gaines & J. C. Gaines, bond $500.00 to E. T. Gaines to be void when E. T. Gaines is paid prorata share of landed estate of E. C. Gaines, deceased.

6 May 1893, invoice from C. T. Cherry for he and wife washing, ironing, mending clothes, making coat, "furnishing provisions over my part, working on side room" Total $11.87.

There are annual recaps in file covering several years, no genealogical information.

1878, JENKINS, SAMUEL, Admr of R. P. Jenkins vs HOLEMAN, A.B.

Judgement against W.S. Stone levied on Stone's undivided interest on land east of Gainesboro where D.W. Haws now lives, bounded by J.Y. Beck, Joel H. Stone, decd, M.L. Gore, W.W. McCue, John R. Murray, James Stamps, John S. ?Cinards and Job M. Morgan.

26 Aug 1878 at offices of A.D. Creighton on Cherry Street in Nashville, depositions taken from following individuals, all of whom stated they knew R.P. Jenkins and he was held in high regard.

W. M. Robertson age 30, Lawyer, live in Nashville, born here. Knew Jenkins about 12 years in Nashville. [Signed] W. M. Robertson

T. M. Steger age 36, Lawyer, resided in Nashville since 1867. Knew Jenkins 8 years in Nashville. [Signed] T. M. Steger

T. A. Kercheval, age 37, Lawyer, Mayor of City of Nashville, resided Nashville since 1867, Knew Jenkins since 1863. [Signed] Thomas A. Kercheval

James T. Bell, age 48, Clerk of County Court of Davidson Co., resided Edfield 43 years. Knew R.P. Jenkins 9 or 10 years. [Signed] James T. Bell

?T. D. Cassity age 60, Justice of the Peace Nashville District Court, lived here since 1856. Have known Jenkins 10 or 12 years. [Signed] ?T. [or F.] D. Cassetty

28 Aug 1878, Henry Jenkins age 23, clerk at store. Knew Defendant [A.B. Holleman], got acquainted with him in 1868 at R. P. Jenkins' store in Nashville. Holleman bought goods there.

Nat F. Dortch age 43, Clerk Circuit Ct. Nashville, knew R.P. Jenkins from his boyhood til death. [Signed] Nat F. Dortch

Lon McCarver age 43, live Edfield in Davidson Co. Clerk of the Court, knew Jenkins 10 years in Nashville.

In the case of R. P. Jenkins vs A. B. Holliman, Samuel Jenkins failed to make bond for prosecution, case dismissed.

1849, NANCY JENNINGS vs JAMES POSTEN, 4th Chancery Division, Jackson Co., TN

About 10 December 1844, death deprived her of husband Robert Jennings; had been married about 50 years. 9 March 1846 Nancy conveyed acreage on Doe Creek to James Posten, the young unmarried son of a neighbor in exchange for him caring for her. James Posten was to pay her $400 for the land if the agreement didn't work out. Nancy and Robert Jennings had no children. James subsequently married [wife not named] and they had one child and were possibly expecting more. [Signed] Quarles, Sol. [solicitor]

25 July 1849, Sampson W. Cassety & Marlin Young post bond for James Posten, who denies charges. Atty Hall & Washburn for Defendant. James [his X mark] Posten

Deposition of William Gipson, age 64. Know land in dispute, and have for 30 years; live within one-half mile. Have known Nancy 30 years. Land conveyed about 18 months after husband's death; she was about age 70. "Had no children to my knowledge". [Signed] William Gipson

Deposition of Mary Jane Wood, about 29. Mrs. Ginnings left and went to Mr. Hall's.

Jane [her X mark] Wood

Deposition of William Davidson, age about 39. Known land about 25 years, worth about $400; has 30 acres cleared and enclosed, would rent about $50 per year plus value of timber. Defendant has sold some to Col. Cook. Known Plntf 25 or 30 years, they married 45 or 50 years ago, husband died about 5 or 6 years ago when she was about 70. [Signed] Wm Davidson

Deposition of Francis H. Armstrong, age 36 years. Visited Mrs. Jennings about 3 times, once when she was sick. [Signed] Francis H. Armstrong

William A. Hall age 39, have known land 10 or 11 years. Didn't know anything about Mrs. Jennings maybe having a desire to remarry. [Signed] William A. Hall

Wm. H. Botts, age 25; Andrew Posten, witnesses for Defendant.

2 December 1849, Notice of Depositions to be taken at William Botts' office of: William Posten, Andrew Posten, Sampson W. Cassety, Joshua Hail, Littleton C. Hall, B. B. Washburn, Mary Butler, Almary Kirpatrick, Holland Denton, Woody Denison, Sarah Posten & William H. Botts. [No testimony in file]

21 December 1849, Notice of Depositions of Frances Armstrong; Elisha Sanders, Sen; William Davidson, William Gipson; Jane Wood & John Gipson.

Notice to Sheriff to issue summons for the 4th Monday in January 1850 for the following: Wm Poston, Andrew Poston, S. W. Cassetty, Joshua Hale, L. C. Hall, B. B. Washburn, Mary Butler, Almary Kirkpatrick, Holland Denton, Nathan Montgomery, Woody Denison, Sarah Poston and W. H. Botts. [Signed] W. H. Botts, C & M

28 January 1850, James Poston notified William H. Botts, Esq. will take the depositions of Peter Wood, Julia Poston & Caroline Hamlet [Only Caroline Hamlet's deposition in file - mlj].

28 January 1850, deposition of Margaret Caroline Hamlet age 17 lived at James Posten's two weeks and two days, cooked for him. Margaret Caroline [her X mark]Hamlet

Judgement rendered on case. Defendant [James Posten] to pay Complainant [Nancy Jennings] the sum of $400.00; payable $100 annually beginning 13 July 1851. Last payment, due 13 July 1851 to have interest "on last two payments from this time".

18 August 1852, Will of Nancy Jennings. One-half her estate to be paid to Robert Stone or his heirs if they may be found; if none living, go to Church after putting her away and stone marking gravesite with date of death. Elizabeth Sanders to have her "wearing clothes" and a part of her estate to supply her special needs. Nancy [her X mark] Jennings

12 July 1857, case dismissed.

JERMAN, NANCY vs JERMAN, ANDY - Divorce in Chancery Court

Married Jackson Co, TN [blank] day of [blank] 1877, together until 24 July 1880. Lists personal property. Requests alimony, custody of infant son age one year [unnamed]. Requests her name changed to maiden name Nancy Sutton. Nancy [her X mark] Jerman


Thula German summonsed to appear by Monroe German on the 2nd Monday in January 1882, District Court of Jackson Co., TN. Married in Jackson Co. on or about 15 August 1881. Complaint mentions Henry Stafford. [Signed] Monroe Jerman

1879, JOHNSON, A. H. vs BURRIS, ELIZABETH, Chancery Court

Bill to partition lands of John M. Burris, deceased. Copy of will of John M. Burris submitted; states original was lost or destroyed. Ordered, judged and decreed, A. H. Johnson and wife Elizabeth Jane Johnson; lands assigned to her shall be divested out of said suit and to her use only; not that of present or any future husband, as provided by deed from J. M. Burris.

20 February 1879, A. H. Johnson & wife Eliza Jane Johnson and W. S. Burris & wife Elizabeth Burris.

Last will made 3 September, 1861, following is copy [complete copy in film, extracted here]:

I John M. Burris being of sound mind...

My son William Burris $100.00;

My daughter Elizabeth Stafford wife of William, $150.00...not to be in control of husband or future husband".

If this portion is contested, then my two children Eliza Jane Burris and Winfield Scott Burris to inherit.

My wife Elizabeth Burris to have the 50 acres where she lives/lived ?anterior to our marriage on the Kentucky line, at the headwaters of McFarland.

Remainder of real, personal and mixed property to go to children Eliza Jane Burris and Winfield Scott Burris.

Willy Gaw to be their Guardian. Gaw appointed Executor, and shall educate my children.

My friend Watson M. Cook to keep the borrowed money he owes me until minor children are 21 years of age. [Signed] John M. Burris

Witness: Samuel M. Morgan, Joel W. Suttle

Andy Johnson etal vs Elizabeth Burris

20 Feb 1879, Deposition of R. P. Brooks age about 63. Executors failed to qualify. Daniel [or David] M. Morgan and S. W. Cassetty appointed Administrators. Both Morgan and Cassety died; Cassety died first.

Deposition of J. M. Morgan age 44 "D. M. Morgan was my father".

Witness J. T. Anderson aged Lawful, acting Deputy Clerk & Master, made diligent search for will.

H. J. Horley aged 40, Clerk of Jackson Co. 4 years 6 months; stated on the night of 14 Aug 1872, records at the Court House were destroyed.


[?DAVID or ?DANIEL JOHNSON - Sometimes looks like "David", other times "Daniel" - mlj]

Complaint of A. H. Johnson, 18 Nov 1889, states he offered house and lands in Dist. 9, and lots in Gainesboro occupied by Lewis Robinson for sale at the Jackson Co. court house. Susie Maxwell purchased for $275.50; paid $27.55 cash and three promissory notes. Securities J. H. Stafford and J. F. Shirley. Lots 81 to 84 were bounded on East by lots of W. G. Butler; West by lots of H. W. Williams and North by lots claimed by Z. M. Young.

Saml Johnson filed bill against John Johnson, etal.

Asa Johnson, Admr est of David Johnson, decd. David Johnson owned about 200 acres bounded North by Mrs. Smith; East by Price Whitaker; South by Amanda Overton & Rufus Allen; West by John M. Gipson.

31 August 1889, A. H. Johnson etals as principal and L. S. Anderson bind ourselves to John S. Johnson, Lucy Minnie Johnson and Nathan A. Johnson, sum of $250.00.

David Johnson died September 1888. A. H. Johnson sues in own right and as admr of David Johnson, decd; Lucy Ann Stone and her husband Samuel T. Stone; Susie Maxwell & her husband R. M. Maxwell; and Martha Johnson, all citizens of Jackson Co, TN, against

John S. Johnson, Lucy Johnson, Minnie Johnson and Nathan A. Johnson, residents of Arkansas. David Johnson died intestate. A. H. Johnson, Lucy Ann Stone and Susie Maxwell are David Johnson's only living children.

Defendants [John S. Johnson, Lucy Johnson, Minnie Johnson and Nathan A. Johnson - mlj] are the only living descendants of Nathan Johnson, a deceased son of said David. Defendants are all minors.

Daniel Johnson owned tracts:

1. 9th District, Morrison's Creek & Blackburn's Fork; part of 300 acre tract State of Tennessee to Benjuamin Flatt containing aprx 120 acres. Bounded by Sam Johnson's line, Hurricane Branch, R. N. Allen's corner, Frank Mabury's corner.

2. 9th Dist., 100 acres, bounded by Benj Hensleys NE corner line, made by W. C. Dill and David Johnson.

3. 9th Dist., waters of Blackburn's Fork, bounded by Mabury's southern boundary of Nimrod Johnson, going East with the Burris line since owned by "Nim".

4. 9th District, Roaring River, North by David Johnson, West with William Johnson's line, between Joseph & Samuel Johnson's line to top of a hill, being a gap in Hurricane Hill with James Lynn's line, David Johnson's line.

5. Two town lots in Gainesboro occupied by Lewis Roland; bounded by Wm M. Picket, M. G. Butler, H. W. Williams and Z. M. Young.

Martha Johnson, widow of deceased [David Johnson] entitled to dower and homestead of 37.5 acres.

29 March 1879, due to the absence of Asa Johnson, Samuel L. Johnson "cannot go safely to trial". Requests continuance. [Signed] S. L. Johnson]

Deposition of J. M. Morgan, age 45, no genealogical information.

Johnson & Loftice vs David K. Fink. Jury: A. D. ?Hull/Hall, William Hargis, G. C. Darkin, Larkin Persly, William W. Birdwell, James Jones, Robert Montgomery, J. F. Ballard, James A. Haile, C. E. Reeves, Hugh B. Smith and John ?I/J McKough

15 Nov 1854, Milton Draper vs Jackson C. Apple & Securities as former Sheriff of Jackson Co., TN.

Absolom Johnson aged 51 states his brother David Johnson died August 1852; that he received a letter to that effect from David's wife Maria [sic - also apparently Martha], and one from Judge Standafer. Letters were received the last of September after David Johnson's death.

[Signed] Absolom Johnson

Thomas D. Simpson and Merlin Young file cross-bills.

Henry W. Kerby is deposed and states that Simpson purchased land in _ _ _ _ _ Flynn Lick from David Johnson for a store.

Absolom Johnson vs David Johnson, Nieron Sadler & Benjamin Scanlon

Land in Jackson Co, TN, District 11 bounded on South by Amon Hale; West by Flynn Creek; North and West by tract allotted to Jan_ _ _ Kerby in the division of the lands of Patrick Fitzgerald deceased; on the North by the lands of Thomas Murry; on the East by a tract conveyed by Absolom Johnson to Henry Kerby being the lots of land allotted to Mariah wife of David Johnson and Anthony Fitzgerald in the division of the lands of Patrick Fitzgerald and conveyed by said Anthony H. Fitzgerald to said David Johnson.

All the commissioners who laid off the partition of Martha Johnson widow of David agreed that said remainder not susceptible to partition...the said David Johnson...his son Asa Johnson.

Invoice from D. K. Fink, MD for 1884 & 1886 consultations, visits, medications and interest to 1889 for treatment of Wash W. Johnson approved for payment by A. H. Johnson, Admr

JOHNSON, A. L., admr vs LEE, T. J., ETAL

1886, Chancery Court, Albert L. Johnson, administrator of William S. Johnson, deceased

[NOTE: This case is a delinquent tax list, more than one Jackson Co. district, about 50 pages of names, covering the years 1872, 1873, 1874, 1875. T. J. Lee coincidentally was the first name. There was only one mention of genealogical data; the last three pages dealt with delinquent taxes by Charles Hopkins on land assessed to R. A. Cox Clerk & Master for W. E. Jones for the year 1874 for $11.80 and 1875 for $8.05; W. S. Johnson not long since having died intestate, the taxes are still due, owing & unpaid.

JOHNSON, ASA vs ALLEN, JESSEE & OTHERS [No date on jacket]

4 June 1900, Notice of Depositions to be taken from E. L. Jackson, Joseph Johnson, Burton Johnson

E. J. Jackson, age 67, farmer living 12th Dist. Survey using copy of grant. [Signed] E.L. Jackson

W. H. Whitker & wife vs Asa Johnson

Bill to set aside that part of land sale, purchased by Asa Johnson & wife of tract purchased by Columbus Allen & wife. [Signed] Wm Whitaker, Mary D. Whitaker

John Smith age 65, Jackson Co, TN. Known land 30 odd years, live 3 miles from there. Land in a little hollow, could not be divided/partitioned successfully. 10 heirs, better to sell and distribute the proceeds. Worth about $1,000 if sold on 6, 12 and 24 month terms.

John [his X mark] Smith

William "Bill" Jackson, age 31, farmer, live Jackson Co. Know parties, surveyed land using certified copy of original John Terry grant. [Outline sketch of land included as Exhibit]

[Signed] W. S. Jackson, Jr.

W. M. Smith, age 34 for Defendants states he was one of the chain carriers when W. S. Jackson surveyed. [Signed] W. M. Smith

21 March 1900, Notice of Depositions of Curry Maberry, Jno M. Dailey, Leander Allen.

Curry Maberry: "Me and Jesse Allen had a lawsuit [Maberry Pltff, Allen Deft]...I was Guardian of the Harris heirs. I live in the Allen's neighborhood". [Signed] Curry Maberry

Jno Dailey age 48, states he helped Jesse & Leander Allen run a conditional [survey] line.

Leander Allen age 42, states he lives in the 9th District, Jackson Co., between Blackburn's Fork & Roaring River. Farmer and minister of Free Will Christian Baptist; that he bought land from Jesse Allen & wife 2 January 1882. [Signed] Leander Allen

Typed copy of deed dated 2 Jan 1883 included: "We Jesse Allen and Artmesia Allen...sold...to Leander Allen and his wife Sarah...East corner of land owned by John M. Gipson decd...".

Test: M. W. Swearingen, A.H. Morgan Jesse T [his X mark] Allen


W. D. Webb age 52 states he was acquainted with A. H. Morgan in his lifetime; has been dead about 2 years; that he heard Morgan testify he made a survey. "My name is Babe Webb, or they call me that...Uncle Jesse Allen owns the land on the east of the land in dispute". States he heard A. H. Morgan testify in a prior trial before J. W. Morgan, J.P. Present were Asa Johnson, W. M. Pickett, J. M. Johnson and "maybe" Seth Maberry, but can't be sure. Said 'a little of the testimony done in Overton Co. discredited me'. W. D. [his X mark] Webb

Mary Ann Jackson age 69 testifies for Complainant. Stated she lived for 8 or 9 years within a half mile of the disputed property; that she rented a farm from Bob Nelson 30 years ago that the disputed land is on. "Old Uncle Bob Nelson claimed it". Lived there 5 years and moved off. "Jesse Allen bought the farm before I left." Bob Nelson let her pay rent by paying taxes. [Note: Mentioned "Old Uncle Bob Allen" - so it's possible there was no familial relationship - mlj]. Stated Webb's heirs had a lawsuit 16-17 years ago was the first time knew there was a dispute.

Carroll West, age 76 stated know R. W. Allen but not well. Know Asa Johnson and Jesse Allen. Bought "a heep of timber from R. W. Allen, Porter Allen & Wm Harris". [Signed] Carroll West

Martin V. Gentry, 81. "I live in sight of fish trap hollow".

H. Lee 42. Have lived biggest part of my life in the settlement here; "me & father in fish trap hollow".

Dibrell Lee age 30; Jno Terry & his children were in possession of land in dispute since grant issued. "My father, myself & Webb heirs have cut timber off...Jesse Allen and his boys made some rails and the Webb heirs hauled them off...I was once interested as an heir and was a party to a lawsuit in which Will Terry give his evidence...my father and the Webb heirs has had the land ever since I can remember". "My father Curry Lee". Jan 2, 1900 [Signed] G. D. Lee

Depositions June 21 and 23:

J. B. Phipps 27, farmer, Jackson Co. "I live on Asa Johnson's land". J. B. [his X mark] Phipps

Asa Johnson age 67, farmer, Complainant. "My father always told me that was the fish trap hollow, also my grandfather, Jo_ _ _ Lynn, Ben Chapman and all the old men I talked to. I marked the line in the divide between me and Sarah Lee". Jno Terry Grant No. 8029; had a conversation with Jesse Allen, "that is Jesse Bob Allen" regarding John Terry Grant 8029. John Terry owned the land close to 60 years and deeded it to his wife and three daughters Elizabeth, Sarah and Nancy. After his daughters died, Rebecca and her husband W. D. Webb took possession. [Signed] Asa Johnson

A. C. Terry et als vs W. D. Webb et als. Complaint stated Asa Johnson purchased the land at a Chancery sale.

Wm Gore 76, surveyor by occupation 40 years or more. Stated he surveyed land. [Survey included; no sketch]. [Signed] Wm Gore

Copy of Ben Chapman deed included. "Benjamin Chapman to John Terry...granted by State of Tennessee to me Benj Chapman, 4 June 1841"... Benjamin [his X mark] Chapman

Entered 3 Jan 1842, A. M. Montgomery, Clerk

Final Decree, Asa Johnson vs Jesse Allen, Charley Allen & Mack Allen; Johnson prevailed, entitled to immediate possession. [NOTE: This decision appealed to TN Supreme Court; bills and cross-bills continue - mlj].

22 September 1892, Whitson C. Smith & John Smith

Asa Johnson 1/3 owner by purchase; Mary Webb 1/6 owner by inheritance; Dillard Webb 1/6 owner by inheritance, but the 1/6 interest of Mary Webb and 1/6 interest of Dillard Webb purchased by Asa Johnson was encumbered by dower interest of Elizabeth Johnson. Therein Defendant Sarah Allen formerly Sarah Lee is the owner in her own right of 1/6 and the children and heirs at law of Curry Lee, deceased, to wit: Russel Lee, John Lee, Dibrell Lee, Martha Lee, Mary Gentry and Hassie Gentry are joint owners as tenants in common.


[Underlined portion in "quotes" of next statement was marked through - mlj] "Elizabeth Webb now Elizabeth Johnson wife of Asa Johnson is the owner in fee in her own right of said lands of one undivided sixth of said lands" Complainant Asa is the owner in fee by purchase of one third interest in said lands and Mary Webb is the owner in fee in her own right by inheritance of one sixth interest in said lands, but the share of Mary Webb and the one-sixth interest of J. D. Webb which was purchased by Asa Johnson is encumbered by the dower interest of Elizabeth Johnson...Sarah Allen formerly Sarah Lee is the owner in fee in her own right of one undivided sixth of said lands and the children and heirs at law of Curry Lee dcd, to wit Russell Lee, Dibbrell Lee, Martha Gentry and Hessie Gentry are joint owners as tenants in common by inheritance of one undivided third...unencumbered, however by the dower interest of their mother Sarah Allen, to which she is entitled...land not suitable to partition.

Case remanded by the Tennessee Supreme Court December term 1900 to Jackson County, Tennessee for further deliberation.

Joseph Johnson age 65, reside White Bend, 11 Dist, farmer. Stated got timber off Robt Allen, near Mitchell Church house, about 1/4 mile of said church. J. J. Brown helped load & Burton Johnson helped load. Was in sight of big road. [Signed] Jo Johnson

Burton Johnson age 51, farmer, reside 9th Dist. Helped load timber from disputed land. "Jessee had showed him the lines once". [Signed] Burton Johnson

Jesse Johnson, 20 September 1900. Owing to poverty, unable to bear expense of appeal.

[Signed] J. T. Allen

14 Dec 1898, notice of depositions to be taken of: Joseph Lynn, David Lynn, Seth Maberry, Rebecca Maberry, Isaac Hix, Joshua Young, C. C. Allen, William Webb, Keton Webb, W. H. Whitaker, Leander Allen. [Signed] Asa Johnson, Sol. J. M. Johnson; and Defendants Jesse Allen & Charley Allen and Sol. John J. Gore

Joshua Young age 76, known lands 46-47 years, moved on part of John Terry grant in 1852, carried the chain to run part of John Terry line & run the south boundary line of the Bob Nelson tract. "Bill Gore surveyor of Terry lands and his daddy when we surveyed Nelson lands". Heard Aught Morgan say he entered the Bob Nelson land...sold to Sam Curtis. Heard Jim Terry & Ben Chapman say a beech tree was John Terry's beginning. Aught Morgan was older than I; think Ben Chapman & Jim Terry was about his age..."I now live on my own land in 6th Dist."

Those present when Nelson land surveyed were Ben Chapman, Jim & John Terry, Bob Nelson, Jim West & myself [Joshua Young], and Mounce Gore was surveyor.

Present when John Terry land surveyed were Babe Webb, Dillard Webb, Russell Lee, Asa Johnson, Bill Gore & myself. [Signed] Joshua Young

Deposition of Joseph Lynn [ink smear on age] born and raised little over a mile of the place.

[Signed] J. H. Lynn

Isaac Hix age 74 or 75, know parties, not sure of land. 1846 lived 200-300 yards of Fish Trap Hollow. Fish Trap Hollow is the lower hollow [other testimony state rocks were placed to dam the creek and trap fish]. Curry Lee lived on the John Terry land. Isaac [his X mark] Hix

William D. Webb, lawful age.

Question by sol: "Did you...and your son Keeton Webb"?

A: Known Fish Trap Hollow 35 or 40 years. "I was a grand son of John Terry and a son of Becca Webb who was a daughter of John Terry who is now dead. I sold my interest and bought an other interest from my youngest brother". [Signed] W. D. Webb

A. K. Webb age 31

Question by sol: "Was you in company with your Father...conversation with Jesse Allen?"

A. K. [his X mark] Webb

W. H. Whitaker deposed [part missing], location of Fish Trap Hollow. [Signed] W.H. Whitaker

David Lynn, age 55 or 56, acquainted with parties and Fish Trap Hollow. "We lived right below it. Leander is or was cultivating 4 or 5 years ago. Knew John Terry - was an old man when he pointed out his corner. David [his X mark] Lynn

C. D. Allen age 57. Know parties & lands. Leander Allen was cultivating. Me and Jesse Allen bought the land...in partnership...Me and him & his father and Boldin...Jesse or his father had the deed...Boldin read the Sam Curtis deed. C. C. [his X mark] Allen

Depositions were taken...except that of W. ?L. Whitaker who wrote his own answers. 16 Dec 1899. [Signed] J. D. Reeves, Clerk & Master

Asa Johnson vs Columbus Allen, etal

B. H. Butler of lawful age, practicing Sol. of the court estimates services of J. N. Johnson are worth $50.00. [Signed] B. H. Butler

Asa Johnson sworn, of lawful age, gives testimony of expenses in preparing for trial.

[Signed] Asa Johnson

Following give testimony as to what they feel would be reasonable attorney fee for services. All state they are practicing attorneys, all signed separate but similar statements: Mounce G. Butler, L. K. Smith, J. T. Anderson, E. L. Gardenhire

Depositions of Seth and Rebecca Maberry.

Seth age 76 states was not along when property was surveyed. Lived here in 1859. Stated there has always been someone in possession of the disputed land. Mary Ann Hix [Note: A Mrs. Mary Ann Jackson gives deposition - mlj] lived there on the cleared land about 5 years; Jim West, Alex Hawkins and Andy Jackson one year or longer; and Jesse Allen, Jesse Bob Allen, Jesse Allen. Seth [his X mark] Maberry

Rebecca Maberry age 75, stated Leander Allen has a field on both sides of Fish Trap Hollow now.

Rebecca [her X mark] Maberry

Jesse Allen 52, blacksmith and farmer stated he knows Rebecca Maberry...since I knew anybody. A. H. Morgan owned land adjoining the John Terry grant. Have the deed from Bob Nelson, now dead, will file as Exhibit A. [Signed] J. T. Allen

M. G. Ransom age 48 stated knows parties and land, lives about 1/4 mile from land, moved there last April. Before that, lived 1 1/4 - 1 1/2 miles. M. G. [his X mark] Ransom

V. M. Langford, 38 years, testifying for Defendant, states he is son-in-law of Jesse Allen; have been pretty near two years. [Signed] V. M. Langford

James W. Webb for Defendant, age 32. Lived a neighbor to Jessie Allen and Asa Johnson is my uncle by marriage. [Signed] J. W. Webb

Lafayette Allen age 36 years, states he is a brother of Jesse Allen, that he lived in the neighborhood of lands all his life except about 2 years. "After the big storm in 1878...Jesse Allen gave my father permission to make up some timber on the lands". [Signed] L. F. Allen

Charley Allen age 32, states he is a son of Defendant Jesse Allen. Charles [his X mark] Allen

W. H. Whitaker & wife vs Asa Johnson, etals. Complainants dismissed their bill as to all defendants except Columbus Allen and wife Sarah Allen, and John Lee by compromise.

JOHNSON, ASA vs JESSE ALLEN & COLUMBUS ALLEN [189_ and 190_ on jacket]

21 March 1900: William Terry age 56 states he was born and raised just below A. H. Morgan. "My father bought down below land where I was raised".

Q: "Who was your father and what relation...to John Terry?"

A: Jim Terry was my father & I was always told he was John Terry's son but Asa Johnson in a lawsuit we had proved that he was not John Terry's son so I don't know whether he was any relation or not". Stated his father Jim Terry was dead. W. J. [his X mark] Terry

R. W. Allen age 71, live Jackson Co., occ. Farmer. Lived close to the lands, lived there 1862, left 1885. Knew Bob Nelson in his life time. "Old man Bob Nelson...Old Bobby was my uncle". [Signed] R. W. Allen

Next depositions taken at home of Jesse Allen, Dist. 9, Jackson Co.:

R. W. Allen, lawful age. Bob Nelson owned land Allen sold timber off of. Jesse & Columbus Allen bought the land together. Jessee was in possession 30 years. [Signed] R. W. Allen

Mrs. Mary Ann Jackson, age 68 or 69 states she knew parties, lived on land 5 years, rented from Bob Nelson about 32 or 33 years ago. Leander Allen tends field in what is known as Fish Trap Hollow. He bought land where his house stands from Seth Maberry.

Noah Whitaker age 44 states he knows A. H. Morgan. [Signed] N. H. Whitaker

Daniel Allen age 44. Knew Bob Nelson, who has been dead something near 20-30 years. "I am a brother to Jesse Allen". [Signed] D. P. Allen

J. W. Morgan age 49 for Defendant. My father owned land [in dispute] at one time. His grant covered the land - 500 acre entry; 'think he sold to one of the Curtises'. Rufus Allen cut a tree said to be on disputed land. My father was Austin Hawkins Morgan. 'I have been acting J.P. of Jackson County, elected Aug 1882, held office 6 years'. [Signed] J. W. Morgan

E. L. Jackson 67, farmer & practical surveyor, live Jackson Co., TN. States he has examined deed of John Terry to his 3 daughters Elizabeth, Sarah & Nancy dated 20 Jan 1858, probated same day and registered 21 Jan 1858. [Signed] E. L. Jackson

22 September 1892, Whitson C. Smith, age 45, Jackson Co., occ. Farmer. Known lands 30 years, lived within 3 or 4 miles nearly all my life. [Signed] Whitson Smith

23 September 1892, W. A. Draper and M. G. Butler, practicing Solicitors, give recommendations for attorneys fees. Both sign.

Asa Johnson vs Columbus Webb

George Webb, Stanton Webb, Houston Webb, Mary Webb, Andrew Allen, Martha Webb & William D. Webb are all adults. Recommend attorney fee for Defendants' solicitors.

[All sign] John P. Murray & Son, E. L. Gardenhire, J. M. Johnson


Asa Johnson v Jesse, Charley and Mack Allen. Complaint 31 July 1899 states land deeded to John Terry nearly a century ago. He deeded to his 3 unmarried daughters who died intestate and without heirs. Land went to their sister Rebecca who had married Wm Webb now decd. Rebecca died intestate. Children and heirs of Rebecca sold lands to Asa Johnson and Curry Lee & wife Sarah. Curry Lee died intestate and his widow Sarah Lee married Columbus Allen. Requests injunction that no more timber be cut. Part that has been cut has been hauled to W. C. Terry's mill. [Signed] G. B. Murray & Son for Complainant

Included as exhibit is retyped Grant No. S029, Entry No. 1724, 22 May 1831 to John Terry by James K. Polk, Gov. of Tennessee [This does appear to be last item in this lengthy case - mlj]


3 June 1867 [no date on jacket]

5th Judicial Circuit, Petition of David R. Buckhannon, Wm E. Elkins, James Hall against Asa Johnson, administrator of estate of Elizabeth McClelland. Asa Johnson states former administrator was John ?T/?F Smith. [Signed] T. H. Butler, Clerk by G. G. Butler, D.C.

14 June 1881. Notice of settlement of estate with Asa Johnson, Admr; 'may attend if you desire'. To: Jo Hawkins, Philena Hawkins, Jno Johnson, Wm Johnson, George Morgan, Austin Morgan ?vis Ben Johnson, Danl Johnson, Hester Ann ____ Johnson heirs at law of Daniel Johnson, dcd.

ASA JOHNSON, Gdn of JOHN RHOTEN HEIRS, February term 1873.

On 14 Aug 1872 court house burned, no record of guardianship of minor children of John Rhoton deceased, viz Margaret, Thomas T. and John Wesley [1887 paper mentions J.W.C. Rhoton, minor - mlj]

22 March 1873: Margaret Rhoton, now Margaret Allen, wife of W. S. Allen.

[Signed] W. S. Allen, Margaret [her X mark] Allen

Wit: Wm Loftin, J. M. Loftis

1900: JOHNSON, B. D., Guardian of HAWKINS, ANNIE. Accounting of estate in trust.

5 March 1900, Anne Frensh [spelled French later] nee Hawkins. All receipts were from land rented by one W. A. Overton.

JOHNSON & DRAPER vs CHARLES PRICE [Jacket had no date, but one looked like "1852"]

Absolom Johnson & Milton Draper as merchants. [A crease in papers made it very difficult to decipher anything; possibly the TSLA film reel would be better. There were depositions by following individuals - mlj]

E. H. Keith age 37

S. F. Murry age 23

Elizabeth Keith age 58 s/s Elizabeth [her X mark] Keith

Wm Keith age ?7 s/s William [his X mark] Keith

John Brooks age 28

Anderson Brooks age 30

Elizabeth Price age 49, stated her son was Charles N. Price

Deposition of James Price stated Charles N. Price loaded boat with corn to take to Nashville to sell, as prices were apparently better.

Joseph Spivey age 29 stated Cason & Newton Price were partners. [What looked like "the Spring that Price died", but can't be sure - mlj] Joseph [his X mark] Spivey

State of Tennessee Superior Court, December term 1859

Absolom Johnson & Milton Draper vs Charles C. Price. Copy of opinion dated 28 Feb 1860.

BEN T. JOHNSON vs WM H. BOTTS [no date on jacket]

Ben T. Johnson, heir at law of Nimrod Johnson deceased & Susannah Johnson, deceased

Washington County, Arkansas, William H. Mays, Guardian of Watson C. Johnson, John Q. Johnson, Christiana Johnson & Margaret E. Johnson and Martha C. Johnson, minors, heirs of Nimrod Johnson, deceased, appoints Samuel Johnson [of Jackson Co, TN] attorney. Dated 30 May 1891. [Signed] William H. Mays

Margaret Johnson, age 56, states above heirs at law of Jacob Johnson were borne in lawful wedlock. States that Jacob Johnson died about 1855. "He was a son of Nimrod".

James Brixey deposes: "I am acquainted with children of Jacob Johnson. There are 8 in number. Vanburen Johnson, William Johnson, Benjamin Thomas Johnson, Mary White Brixey, Clara Oxford, Martha Oxford, John Quincy Johnson, Watson Cook Johnson. I am a son in law of Jacob Johnson and husband of Mary White Brixey...Jacob died about 1854". Dated 7 May 1872


Complaint of D. B. Johnson states Annie Plumlee employed him to look after her estate.

Demurrer of Annie Plumlee admits to this, further states that D. B. Johnson said he wouldn't charge her anything being a relative, makes other accusations that indicate Johnson's actions may have been less than professional, denies she owes Johnson money. W. F. Plumlee died intestate in Clay Co., TN.

Copy of will of William F. Plumlee filed for probate 6 May 1912, Record Book B, Wills & Inventories, p 264, in file. [NOTE: Does not mention county, but does say will was filed in Nashville, so presume Davidson Co - mlj]. Nellie Ayers to get 40 acres on Short branch of Cumberland. Other heirs are wife Annie H. Plumlee, 150 acres on Dry Fork of Mill Creek, Clay Co., TN. and children B. S. Plumlee, David B. Plumlee, Minnie G. Shields, Hugh O. Plumlee "my executor". Mentions separately "my youngest child Beatrix Pate to receive equal part of estate"...my wife the pictures except "all but mine and my first wife. I want Bee to have them". Executor H. O. Plumlee.

Annie Plumlee filed dissenting papers in Clay Co., TN stating she "spent years nursing this old man, respects his memory", but does not feel the will gave her all she was entitled, and preferred to avail herself of State of Tennessee law to have homestead and dowry. Estate estimated at $75,000.00 real and personal. W. F. Plumlee died on or about 7 March 1912 in Clay Co., TN. Chester Ledbetter/Leadbetter, Surveyor; Hugh Kyle and Mack Boles were appointed Commissioners to lay off her share. [Signed] E. D. White, Sol.

Affidavits of lawyers residing in Cookeville, TN stating D. B. Johnson had performed valuable service on behalf of Mrs. Plumlee and should be entitled to attorney fee ranging from $1500 to $2500 were: B. G. Adcock, Worth Bryant, Thos Finley, W. S. Barnes. Other Jackson Co., TN [residence not given] lawyers recommending fees for D. B. Johnson in same range: M. G. Butler, W. W. Draper, John J. Gore. Also W. D. Fiske age 49; and W. D. Davidson, both of Celina, Clay Co., TN.

W. S. Barnes stated D. B. Johnson advised Annie Plumlee to buy real estate shortly before his death; that there might be a dispute between Annie Plumlee and W. F. Plumlee's children. Dr. Stone Plumlee was an heir living at Nashville.

Deposition of Hamp Lynn living District 8, Jackson Co., TN stated "Mrs. Annie Plumlee is my sister in law". Stated they married when Plumlee was 80 and she was 20. Didn't know exact time of marriage. Stated "I tried to help her all I could but never got anything for my services". Said he hasn't seen her lately nor talked to her on the phone. [Signed] G. H. Lynn

12 February 1913, deposition of Mack Boles, 61, near Butler's Landing Clay Co., farmer and one of the commissioners testified as to value of land. Mack [his X mark] Boles

W. C. Williams 65, Celina, Clay Co. testified as to value of land. [Signed] W. C. Williams

Copies of briefs on this case were also filed by D. B. Johnson in Smithville, DeKalb Co., TN.

W. H. Kyle age 61, Celina, Clay Co., occupation farmer testified he went as one of the Commissioners to Mrs. Annie Plumlee's; that she was "living in a little house with 2 rooms and a cook". Souse [spelled Suse in another deposition] Boozer and Shields Plumlee, grandson of W. F. Plumlee, was living with her. Stated Dr. Plumlee only lived where he died about two weeks [Clay Co, TN[Clay Co.]]. [Signed] H. H. Kyle

Son Boles, age 49, living Mill Creek in Clay Co. stated he bought Annie Plumlee's life estate in the Dry Creek Place, also known as Nash Lynn Place, for $350.00. Son [his X mark] Boles

1905 JOHNSON, D.B. vs QUARLES, B. L.

Land dispute over what is known as N. P. Haile lands, alleging there were payoffs not to raise the bid price so the property could be purchased cheap.

Deposition 24 May 1907, B. L. Quarles age 36, Gainesboro merchant. Stated John H. Stafford, present at the sale. Quarles stated he and Clay Reeves owned six shares in the Haile estate at the date of sale June 1903; that there were ten shares total. The six shares he owned at the time of sale were those of:

J. Mansel Haile, John N. Haile, Thomas D. Haile, W. D. Haile, George G. Haile and Martha J. Reed. At the time of sale, Mrs. Haile was "tolerably old and I think was confined to her rooms part of the time with Rheumatism". [Signed] B. L. Quarles.

M. G. Butler, lawyer, Gainesboro, Jackson Co., stated he knew all parties. [Signed] M. G. Butler

Deposition of Clay Reeves testifying for Defendant, stated N. P. Haile farm was on Haile Branch of Doe Creek.

W. C. Reed deposition 1 June 1907: "My first wife was a Haile - Nancy. She was a daughter of N. P. Haile. She is dead. She had five children, Cora, Louisa, Walter, Nick and Clarence Reed, heirs of N. P. Reed."

Atty: Say if these are your children, named as parties to the cross-bill:

Lou Hestand, Cora Reed, Walter Reed, Nick P. Reed, H. Connell Reed

W.C. Reed: "Yes".

W. C. Reed said he and D. B. Johnson reached a compromise, that "he came to me and said we was kinfolks...wanted to pay my children the proper amount". D. B. Johnson compromised with J. ?H./F. Haile and H. P. Loftis. Also with "Hestand and wife".

Question: Was [N. P.] Haile related to J. ?H/F Haile or Dr. Loftis or his wife or to A. B. Hestand?

Answer: Hestand by marriage, if the others don't know. Don't know about Boone Hestand's wife.

Stated he knew N. P. Haile before his death, and "George W. Haile his son" and "H. P. Loftin his son in law". A survey by Wm Gore was made after the death of N. P. Haile and before John H. Stafford bought the property 18 or 20 years ago.

"Mrs. Haile...dead about four years". Josh Haile was a son of N. P. Haile. [Signed] W.C. Reed

A. B. Hestand gives deposition, states his wife Lou Hestand was an heir of N. P. Haile; that W. C. Reed was her father and Laid Reed her mother. Lou's brothers and sisters are Cora Reed, Walter Reed, Nickie P. Reed and Clarence Reed; that Nickie and Clarence were under 21 at date of sale of property in January 1903. Nicholas P. Haile, deceased was wife Lou's grandfather.

[Signed] A. B. Hastand

W. N. Sadler age 49, states he lives a short mile from Gainesboro. That he knew Bird Quarles and T. F. Posten; that he told Bird if he didn't raise his bid, that he [Bird/Byrd] could get water out of his spring, and use his stables for two years. [Signed] W. N. Sadler

H. P. Loftis testified "I knew N. P. Haile in his lifetime. I married his daughter".

[Signed] Henry P. Loftis

D. B. Johnson testified that he paid B. L. Quarles and Clay Reeves $135 each not to raise his bid, then bought the property and subsequently found it was smaller than what he thought and if he had known that, he wouldn't have bought it.

Question: Have you, Kinner Dudney and Mary Etta Dudney settled your differences?

Answer: We compromised. I dismissed against all but Quarles and Reeves.

[Note: When asked several times why he dismissed against Kinner & Mary Etta Dudney, he would say nothing except that it was a private matter].

May 27 to June 7, 1907:

J. H. Stafford, lawful age, stated "Me and Jim Stafford understood they had ran over on our land. I instructed J. W. Stafford to attend the sale and for him to for bid the sale of any tracts that ran over on our land". [Signed] J. H. Stafford

J. W. Stafford [no age given, no genealogical information] [Signed] J. W. Stafford

A. C. Stafford, age 61, living 1st District, stated N. P. Haile showed him the property line in 1881 or 1882. Stated Campbell Reed was a son in law of N. P. Haile and G. G. Haile was his son. Campbell Reed carried the chain when it was surveyed. Dr. H. P. Loftis was a son in law of N. P. Haile. [Signed] A. C. Stafford

Kinner Dudney testified "My wife is a daughter of N. P. Haile, deceased". That he was along when land was surveyed; also John Gore, Bird Quarles, Campbell Reed, Boone Hestand, and "I believe Clay Reeves"...they began "at Arch Stafford's corner". [Signed] Kinner Dudney

James Goodsey testified as to where his property lines were. James [hix X] Goodsey

C. T. Jones testified as to where his property lines were. [Signed] C. T. Jones

George Rush testified as to where his property lines were. [Signed] G. W. Rush

John W. Stafford stated he was the son of defendant of J. H. Stafford. [Signed] John W. Stafford

7 June 1907, John H. Stafford testified as to property lines. [Signed] John H. Stafford

" James Rush testified as to property lines. James H. [his X] Mark

" W. D. Reed testified as to property lines. [Signed] W. D. Reed

1905, D. B. Johnson vs Quarles, B. L. et al.

N. P. Haile died testate in Jackson Co., TN; that he lived in Dist. 1, on Haile branch, about one mile south of Gainesboro. Further, that W. C. Reed, H. P. Loftis & wife Julie Loftis; A. B. Hestand & wife Lou; & Clarence Reed a minor (by his next friend J. T. Anderson) filed a cross bill that land sold at a grossly inadequate price; that D. B. Johnson paid Quarles & Reeves not to bid, boasted of selling $5000 of timber and would enjoin the collection of the last note by claiming a deficiency in acreage. W. T. Smith, Jno J. Gore, W. W. Draper, Sols.

D. B. Johnson vs B. L. Quarles, Clay Reeves, H. P. Loftis and wife Julia, Kinner Dudney and wife Mary Etta, A. B. Hestand and wife Lou, Walter Reed, Cora Reed, Clarence Reed, N. P. Reed, J. W. Carter, John H. Chaffin, Clerk & Master [all of Jackson Co., TN], J. F. Haile of Kansas and Martha Reed of Texas. N. P. Haile died in 1884.

Complainants B. L. Quarles, Clay Reeves, H. F. Loftis, Julia Loftis, A. B. Hestand, Lou Hestand, Walter Reed, Cora Reed, Kener Dudney, Maryetta Dudney.

Defendants J. F. Haile, Martha Reed & Clarence Reed & N. P. Reed,

Children of N. P. Haile: Thomas Haile, James N. Haile, William Haile, Martha Haile, Nancy Haile, Julia Ann B. Haile, Mary Etta Haile, George G. Haile, John Haile, J. F. Haile. Their mother Nancy L. Haile.

Walter Reed, Clarence Reed, N. P. Reed and Cora Reed and Lou Hestand are children and heirs at law of Nancy L., deceased who intermarried with W. C. Reed.


Complaint of James Johnson states they were married in 1854. Defendant left his bed and board. They lived together as man and wife until about six months ago. Defendant now in the state of Missouria [sic]. James [his X mark] Johnson

1873-1881 J. M. JOHNSON, Admr of OVERTON, WILLIAM, Settlement of Estate

[NOTE: This film was very dark. Film at TSLA may be better - mlj].

Amanda Overton alleges irregularities. States John H. Hawkins was her first husband. He died 1860, A. H. Morgan of Jackson Co., Tennessee, was Administrator. William Overton was her last husband. Overton died suddenly after a very short illness. Asks that Asa Johnson, F. M. Price, Robert A. Cox, J. M. Johnson, Lucetta Overton, William Overton be made Defendants.

Lucetta Overton, William Overton and Harriet Overton, minors. Solicitors: Washburn & Morgan. Amanda [her X mark] Overton

B. B. Washburn was made Guardian ad litum, Ruth Cherry made Guardian.


Hiram Pharis/Pharris purchased interest of father's ?real estate in 1874 and 1875 from William J. Mansell and wife Nancy Jane; Corder [or Cordon] Masters and wife Amanda; Willy Gaw and wife Matilda. Hiram's brother Lewis Pharris died May 1873, a single man without issue.

Hiram's mother Elizabeth was the widow of James Pharris, deceased. "My mother will soon be 53. She is a stout healthy woman". Elizabeth had dower interest in estate.

James M. Johnson & Henry H. Loftis vs M. G. Butler, Hyram Pharris, William Mansell and wife Jane, Willy Gaw and wife Matilda, Elizabeth Pharris, and Cordon Masters and wife Amanda, all of Jackson Co., Tennessee.

Lewis Pharris died intestate in Jackson Co., Tennessee 10 May 1873. January term 1876 James M. Johnson was appointed and qualified as Administrator.

JOHNSON, Judith v J. Johnson and others 1851

The undersigned advertised slaves Milton & Emaline and sold them at auction May 1852. Judith Johnson purchased as high bidder; Milton for $605.00 and Emiline $300, on 12 months' credit for $905 with good security. [Signed] Sampson McClellan

By Solicitor J. B. Moore

Sampson McClellan, Admr of the Will of A. McClellan, deceased, reports that 10 shares, or $1,000 of stock in Tennessee Manufacturing Company located at Lebanon, Tennessee, would not sell at any reasonable price, being at the present time worth only 5 Cents or 6 Cents on the Dollar; requests that it not be sold until market has improved. [Signed] Sampson McClellan

Bond posted by Sampson McClellan, Alfred M. Gibbs and Thomas J. Jones on 16 April 1851 of $2000. Sampson McClellan as Executor of Estate of Beverly Graves, deceased; Gibbs and Jones co-guarantors. [All Signed] Sampson McClellan, Alfred M. Gibbs, Thomas J. Jones

JOHNSON, Judith v John ?M. Johnson 1 April 1854

Judith is represented by her "best friend [lay attorney] Sampson McClellan". Suit regarding estate of Beverly Graves, deceased; property in trust for her...bad conduct and maltreatment by her husband the said John asks Court to grant her a divorce. About January 1850 she intermarried John Johnson in Jackson County and lived with him on her own little place her brother Andrew McClellan conveyed to her, until about 7 April 1851 when said defendant fled the country. There were charges of forgery against him which charges came to light since filing her original bill for divorce. She has a little child Virginia Francis, the offspring of her unfortunate marriage to defendant, born 19 November 1850. About two weeks after birth, defendant threatened to give complainant 100 lashes with a cowhide; would curse her. "He threatened to leave her, accused her of making many a dollar by her adultery in lewd ways, using the most vulgar language"; sometimes alone, sometimes in presence of others. Defendant said John M. Johnson is in "parts unknown", does not believe he is in the State of Tennessee. [Signed] J.B. Moore, Sol. for Complt

State of Tennessee, Jackson County, charges as set out are true and not in collusion with Defendant. Dated 2 June 1851 Judith [her X mark] Johnson

Will of Andrew McClellan

[Note: Copy certified as correct, included in divorce of Judith Johnson v John Johnson. Will transcribed verbatim, codicil is an extract - mlj].

I Andrew McClellan of the County of Jackson and State of Tennessee do make this my last will & testament hereby revoking all others made by me at any time.

1st I will that my debts be paid out of what moneys I may have

2nd I give will & bequeath to my wife Margaret McClellan the balance of money after paying my debts

3rd I give also to my wife Margaret & my two children Sampson W. McClellan & Sarah Jane McClellan fifty negroes of my wife's choice

4th I give to my wife Margaret such stock as she may choose & that the balance be sold & that the money arising from such sales be given to my wife & children

5th I give and bequeath to my sister Judith Johnson & to the heirs of her body my negro girl Diana

6th I do hereby nominate & appoint James Young my Executor & humbly request that he ?carry it into effect & that my Executor sell from time to time such negroes so as to keep the number at fifty. [Signed] Andrew McCelllan

Signed, sealed & delivered in the presence of

Paul Clay

David Huddleston

I Andrew McClellan...direct my Executor to sell the tract of land on dry fork of Martin's Creek where John Parrott now lives.

Dated 5 September 1850

Wit: W. B. Harris Andrew McClellan

Paul Clay [this looks like maybe "Cley"

David [?Daniel] Huddleston

27 May 1851, Inventory of Beverly Graves, deceased.

$700.00 for the sale of slave John and slaves Milton and Emiline, belonging to estate of Beverly Graves.

Milton Draper bought all household goods on list, total $7.50.

[Verbatim transcript included as part of divorce action, Judith Johnson v John M. Johnson - mlj].

I Beverly Graves of Jackson County & State of Tennessee, being infirm but sound in mind and memory do make and ordain this my last will and testament.

1st It is my will and desire that all my just debts be paid out of my estate and to raise funds for that purpose my executor will collect the claims due my estate and further sell such perishable property as my wife Judy may set apart for that purpose and further my executor shall sell all my landed estate that I have or may have any interest or claim to in Jackson County (viz) the home tract where I now live and the several tracts adjoining which I purchased of Birdwell I also sell all the interest I have or may hereinafter have in and to the Daniel Ramsey tract of land on a credit of one two and three years

2nd It is my will and desire that my wife Judy who has done a faithful part in making what we have shall have for the purpose of raising and educating our children all of my estate booth [sic] real and personal after my debts is paid during her natural life or widdowhood and should she marry again she is only to share equal with all of our living children Canzady, Pleasant, Martha and Margaret and should my wife Judy think proper to sell or purchase or trade upon any of my negroes she has the liberty to do so and my death shall vest an absolute estate in my wife Judy to all my estate during her natural life or widdowhood.

3rd And lastly I nominate and appoint Andrew & Sampson McClellan to execute this my last will in witness whereof I have hereunto set my hand and seal this 18 day of Sept 1845

Witness: [Signed] Beverly Graves

Thomas Murry a true copy of the original

Jonatthan Rogers

Genealogical Gleanings from Judith Johnson v John Johnson:

Sampson McClellan, a citizen of Smith County, Tennessee. The said Beverly Graves departed this life 1845 or 1846 having appointed oratrix [wife Judy] and her two brothers Andrew and Sampson McClellan as Executors.

Three slaves named; "boy" John, Emiline and Milton. John ran away to Kentucky twice; bill in file for housing him in jail after he was apprehended. John Johnson was accused of selling John in Kentucky "last fall" for $700.00 without consent.

Judy Graves gets 1/5 of estate and their four children Cansady, Pleasant, Margaret and Martha 1/5 each should Judy remarry.

Daughter of Judith and John Johnson, Virginia Francis b 19 Nov 1850.

Jackson Co. Constable William Davidson levied on property of Judith Johnson for the debts of John Johnson, and she will be destitute. Requests that Constable be enjoined from selling property.

Summonsed: Lucinda Lock, An Spivy [sic], Susan Hopkins. 2nd Monday in January 1852.

Summonsed: John Johnson, Nimrod Johnson, George M. McWhirter, William R. Kinner, John Hawkins, Samuel E. Hare. January 1851.

[NOTE: Jackson Co., TN Loose Court Circuit/Chancery Papers, Reel #87, first case is Judith Johnson vs Don D. Pate and wife Margaret [d/o Judith Johnson and Beverly Graves. Don D. and Margaret Pate removed to McAlester, Pittsburg Co, OK].

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