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
[Note: Continuation of estate of Mounce Gore, died c1859, more on other reels - mlj].
ANSWER of William Gore, M. G. Butler and W. B. Butler to Bill of Complaint. Charges untrue cause of M. L. Gore against I. B. Pickett & others and M. L. Gore and others against Elvira Poteet (the first a partition bill of the old Mounce Gore home place and the other a bill to partition the landed estate of Mounce Gore).
If true that William Gore's interest was sold and purchased to M. G. Butler who afterwards conveyed it to Mary Gore wife of William Gore, it would not affect jurisdiction. September term 1892.
PLEA of M. Y. Settle, Administrator estate of William Gore, deceased. Wm Gore died intestate [blank] June 1903 in Jackson Co. On 17 September 1903 M. Y. Settle was appointed and qualified as administrator, was bonded.
NOTICE - In cause of I. B. Pickett et al vs Wm Gore, et al to
I. B. Pickett, J. M. Morgan and wife P. M. Morgan, D. H. Morgan and N. J. Cox and Geo. H. Morgan solicitors for Elvira Poteet and
Gardenhire & Anderson solicitors for W. E. Lucas and wife Cora Lucas, John A. Epperson and wife Clara Epperson... on 8 October 1892... at Court house in Reidstown, Picket County, Tennessee we will move for a hearing of this case.
DEPOSITIONS August 31, 1893, taken by Jackson Co. Court Clerk at Bloomington:
John P. Murray [No age, no date]. Was one of the lawyers of Mounce Gore's estate about 1859. Court house burned 1872.
/s/ John P. Murray
NOTICE: Will take deposition of Preston H. Leslie in the Parcher Block on Main & Broadway Streets, City of Helena, County of Lewis & Clark, State of Montana on Wednesday 31 January 1894.
NOTICE to Sheriff of Overton Co. Bill filed July 4 1892 in Jackson Co., Mrs. I. B. Pickett and others against Wm Gore & others. Suggested & proved September rules 1905 that Mrs. Elvira Poteet one of complainants is dead. W. C. Poteet of Overton County, Tennessee is her administrator... summon him to appear 1st Monday in September 1905.
DEPOSITION [No date]:
M. L. Gore. I am 54 years old today, am a farmer. Eliza Gore died 6 March 1886. She was living on the Gore farm at the time of her death. We kept stock [itemized] on the farm for I. B. Picket... Wm Gore is now raising a young horse... a young mare that Mrs. Picket gave to her daughter Mrs. McDearman... five head of fattened steers... Mrs. Picket got John D. Law to ship them to Nashville... An old mare my sister Eliza gave Mrs. Picket.
S. G. Gore and I paid taxes for 1886, 1887, 1888, 1889, 1890. Mrs. Picket paid her part in 1891. The taxes in 1892 was assessed to myself and S. G. Gore and Mrs. Picket refuses to pay part.
Ques: State the benefit Mrs. Picket's family has derived since you and your brother Sam have been managing said farm.
Ans: My mother owned the farm and lived on it. She couldn't take care of it or herself. Mrs. Pickett and her husband lived at Livingston in Overton County [when their father died] and two or three years after the war ended they moved to my mother's and lived in the house with her. Finally they moved to Gainesboro, left their stock. Mother died in 1878... Myself and brother Sam bought the interest of some of the others. Mrs. Pickett sold her interest to my sister Eliza who died March 1886. Eliza willed Mrs. Picket her interest. In 1887 Mrs. Pickett kept a woman there looking after her chickens, turkeys.
I own the old James T. Quarles home place just below Gainesboro. In 1887 Marlin and Haskell Settles cultivated part.
Ques: Did you ever rent the J. T. Quarles field to Mrs. Pickett or her husband W. M. Pickett in 1887?
Ans: I think I rented it to W. M. Pickett but had to take it back after Pickett died. I never rented it to Mrs. Pickett during the life of Pickett.
/s/ M. L. Gore
William Copeland age 36. Farmer, live Roaring River on Gore land, been there nearly eleven years. Been working for the Gore brothers. Other hands hired at times were Shade Murry and Sid Pryor and others. Been there since Eliza Gore died except one year.
Jim Picket would come get the mule and ride it... would bring it back.
[My wife] stayed and looked after Mrs. Picketts small stock one year. /s/ W. J. Copeland
Marlin Y. Settle [No age]. I cultivated the [Quarles-Gore] land in 1889 and 1890, paid the rent to Mrs. Pickett. Made 90 barrels of corn and gave Mrs. Picket half. In 1889 Jim Picket cultivated about 1 1/2 acre.
/s/ M. Y. Settle
Calvin Heady age 52. Lived in the neighborhood of the Gore farm most all my life. Am a farmer.
s/s Calvin Heady
A. J. Dudney age 43. Am a farmer, lived Jackson County most all my life, born about one and a half miles of the Gore farm, cultivated part of it 2 or 3 years.
/s/ A. J. Dudney
J. W. Pickett. Always called Gainesboro my home. I am a son of I. B. Pickett and a nephew of M. L. Gore and S. G. Gore. Pa had the [Quarles-Gore] field rented the year he died. My father died 2 April 1889.
Aunt Eliza Gore...
I would come and get the mule and ride it - take him back. Sold the mule to Author McDonnell before my father's death.
Uncle M. L. Gore now lives on Doe Creek.
/s/ J. W. Pickett
Mart Scott. Live twixt three-fourths and a mile from Gore home place 1886 up to 1892, am a farmer.
Mart [his X] Scott
William Gore age 70. Born and raised on the land [Gore home place], never lived further than 6 - 8 miles. Am a farmer and surveyor.
/s/ William Gore
I. B. Pickett. Am party to suit.
/s/ I. B. Pickett
S. G. Gore, lawful age, am a defendant. Lived all my life on the home place.
Ques: Since the death of your sister Eliza Gore have you kept stock on the home place for Mrs. I. B. Pickett
Ques: What other farms in the community are as good as the Gore farm?
Ans: Andy Johnson, Chapman and Chaffin...
Ques: When did Bettie Gore come there... before or after Eliza's death?
Ans: Before Eliza's death. I think she was there at the time of Eliza's death.
The parties we rented to lived off the place except Copeland and M. Y. Settle. They lived on the place.
/s/ S. G. Gore
S. G. Gore. Am a son of M. Gore deceased, reside on the old Mounce Gore home place. At the time of sale of personal property in 1858 or 1859 I was 13 or 14. My mother was my guardian. I was at the sale. She bought slaves Jim and Siller and Emmily and Peg. Some of the heirs contributed $300 each to help her pay for them. Wm did not nor did Mr. Butler.
[My sister] Eliza Gore is dead.
Heirs who receipted mother for shares were E. Poteet, Mrs. Pickett, Mrs. Pauline Morgan, M. L. Gore and myself and sister Eliza Gore.
Ques: Did William Gore ever account to the other heirs for the land advanced to him by your father in his lifetime?
Ans: No sir he never did. Wm Gore never purchased negroes of the estate.
/s/ S. G. Gore
DEPOSITIONS 14 July 1894:
J. H. Dennis, age 36, farmer, live Jackson Co.
/s/ J. H. Denis
W. M. Dennis, age 29 the 17th day of next September, live Jackson Co., am a farmer.
/s/ W. M. Denis
Kenner Dudney, age 37, farmer, live Jackson Co. Was raised until 13 years old in one-fourth mile of one edge of the Gore farm.
/s/ K. Dudney
R. V. Brooks age 51. Live Rough Point, Jackson Co., am a farmer. Own tolerable body of land for one man... along the Cumberland.
/s/ R. V. Brooks
DEPOSITIONS July 2, 1892.
Job M. Morgan [No age]. Surveyed the land, not susceptible to partition of 1/8 of the whole and 7/8 into three parts. 150-175 acres of bottom land in a large bend of the Roaring River and a little over 300 acres hill and timber land.
/s/ J. M. Morgan
M. F. Young [No age]. Live on the adjacent tract.
/s/ M. F. Young
T. G. Settle [No age]. Known the land since I was a chunk of a boy 40 - 45 years. I was raised on it. Think $6500 a fair minimum value.
/s/ T. G. Settle
OBJECTION: Cause of M. L. Gore vs I. B. Pickett. W. W. Draper, guardian ad litem of minor defendant Mary Ann Pickett objected to foregoing depositions taken July 2, 1892.
ANSWER of W. W. Draper guardian ad litem for minor defendant Mary Ann Pickett. M. L. Gore, S. G. Gore and Eliza J. Gore were owners of seven undivided eighths. William Gore owned the other one-eighth. Eliza J. Gore died after having made a last will & testament devising her interest after her death to I. B. Pickett with reversionary interest to respondent's ward.
MEMO [Note: Second page appears to be missing, so don't know who wrote it- mlj] On printed stationery of:
B. L. Quarles and L. B. Anderson, Quarles & Anderson, Dealers in Merchandise and Drugs, Gainesboro, Tennessee 9/14/18[Blank]
Last night J. T. Anderson and myself was standing on Williams Bros store porch, Mr. Anderson said to me that in the case of I. B. Pickett and Wm Gore et al that G. B. Murray's services were not worth anything - not worth $2.50... that G. B. Murray was dog drunk at the trial before the Supreme Court at Nashville and damaged M. L. Gore $200 or more because he was too drunk to do any good.
LAST WILL & TESTAMENT - ELIZA J. GORE
1st ...debts paid
2nd ... my sister I. B. Pickett my undivided interest in land... deed executed by Mounce G. Butler Mary Ann Morgan and George H. Morgan to myself M. L. Gore and S. Gore having dated Decr 4, 1880... besides my own interest I am the owner of I. B. Picketts interest in the same that decended [sic] to here [sic] from my father and mother for which I have paid here [sic] and have never got a deed. I will that my said sister I. B. Pickett have said land free from debts of her husband W. M. Pickett... and also the controle [sic]... of her said husband W. M. Pickett and at her death... to her daughter Mary Ann Pickett and at the death of Mary Ann Pickett to here [sic] heirs.
3rd I will my sister I. B. Pickett my household kitchen and personal property...
4th I will my sister Pauline M. Morgan one note that I have on her husband Jobe M. Morgan for $200.00... Geo L. Morgan & Mounce L. Gore securities.
5th My undivided interest in other lands in the County of Jackson, Clay, Overton and Putnam be sold... grave stones not costing over $40 each placed on the graves of my Father, my Mother, Sallie Pickett and Geneva Pickett.
The remainder be equally divided between my sisters and brothers nephews and nieces to wit Elvira Poteet I. B. Pickett Paulina Morgan William Gore M. L. Gore S. G. Gore M. G. Butler W. B. Butler Daniel Harvy Morgan Mary Low Morgan and George Edgar Morgan. M. G. Butler & W. B. Butler being children of my sister Polly Butler who is now dead. Daniel Harvy Morgan Mary Low Morgan and George Edger Morgan being grand children of my said sister Polly Butler and children of my niece Mary Morgan who is now dead.
I intend that the said M. G. Butler W. B. Butler Daniel Harvey Morgan Mary Low Morgan and George Edger Morgan to have what their mother and grandmother Polly Butlers interest after debts being one-seventh of said remainder. 16 March 1886.
/s/ Eliza J. Gore
Attest: D. N. Johnson, A. S. Stafford
Proven 6 Sept 1886.
BILL OF COMPLAINT of I. B. Pickett, J. M. Morgan and wife P. W. Morgan, D. H. Morgan of Jackson County and Elvira Poteet of Overton County, Tennessee, W. E. Lucas and wife Cora Lucas of South Carolina, John A. Epperson and wife Clara Epperson of Davidson County, against
William Gore and wife Mary Gore, M. L. Gore, S. G. Gore, W. G. Butler and W. B. Butler adults and Mary Ann Pickett and James N. Cox minors over age 14 of Jackson County, Tennessee and George H. Morgan Eddie Morgan and Mamie Morgan of Putnam County last two minors over age 14 and Geo H. Morgan is their general guardian and is made defendant as guardian.
Mounce Gore departed life intestate [blank] December 1857 leaving
William Gore, Mounce L. Gore, Samuel G. Gore, Elvira Poteet, I. B. Pickett, Pauline Morgan, Eliza Gore his only children
W. B. Butler, M. G. Butler and Mary Butler his only grand children who afterwards intermarried with G. H. Morgan, being children of his daughter Polly Butler who died before her father.
He also left a widow who has since deceased.
Mary Morgan has since died intestate leaving D. H. Morgan Mamie Morgan and Eddie Morgan her only children, who inherited their mother Mary's 1/3 of 1/8.
Eliza Gore has since departed leaving a Last Will & Testament.
Since the death of Eliza Gore the share or interest of W. B. Butler of 1/3 of 1/7 of 1/8 was levied on in favor of R. V. Brooks against W. B. Butler and others... was sold and purchased by R. A. Cox, having never been redeemed... R. A. Cox is now dead and the share descended to his heirs the Complainant N. F. Cox, W. E. Lucas and wife Cora Lucas and J. A. Epperson and wife Clara Epperson and James N. Cox who are made parties to this suit for the purpose of recovering W. B. Butler's interest.
R. A. Cox departed life 18 June 1892 leaving N. J. Cox his widow, Cora Lucas, Clara Epperson and J. N. Cox his only children... no one has been appointed to administer.
[Lengthy descriptions of eight tracts of land filmed, not abstracted, mostly using trees which are no longer there as markers - mlj]. 2 July 1892.
ANSWER of Mounce G. Butler to Bill of Complaint 4 July 1892 by I. B. Pickett & others. Admits death of Mounce Gore and heirs correctly set out. Have been several protracted lawsuits, large tracts of land. Some of the suits:
Trespass against Ben Chaffin and Shade Murray.
John R. Chaffin & Elizabeth Chaffin and other heirs of Abner Chaffin filed against heirs of Mounce Gore... taken to Supreme Court of Tennessee.
Wade H. McCoin vs W. B. and F. Roddy involving title... respondent represented interests of heirs.
Respondent sued for value of timber taken off by Roddy, still pending.
Replevin action against [blank] Pharris for timber... Pharris brought suit against heirs to recover timber.
A. J. Stafford, security for Pharris, filed.
Daniel Allen filed against heirs but before it was terminated Allen died and his heirs filed bill of Revivor which was finally determined in favor of said heirs.
Respondent is counsel for heirs... action now pending in Circuit Court against Berry Allen and Berry Allen against Gore heirs.
Gore heirs indebted to respondent for drawing deeds to Riley Hudson, H. H. Herod & others.
April 6, 1893.
DECISION RENDERED of J. M. Morgan against M. L. Gore, S. G. Gore and M. G. Butler filed... cited pending cases between Mounce Gore heirs, decision rendered, appealed to Supreme Court of Tennessee, transcript entered Chancery, Jackson County, Tennessee, Minute Book O, pages 429-446. Order entered Minute Book P page 278. July 24, 1906.
BILL OF COMPLAINT of J. M. Morgan of Jackson County, Tennessee vs M. Y. Settle, Administrator of William Gore, deceased, I. B. Pickett, H. L. McDearman & M. G. Butler of Jackson County, Tennessee, W. C. Poteet, T. R. Poteet and Frank Gilliland of Overton County, Tennessee
March 1899 a bill was pending, I. B. Pickett et al against Wm Gore et al and
M. L. Gore against Elvira Poteet et al and
M. L. Gore vs Wm Gore et al.
Parties to all the causes were the same and were heirs at law of M. Gore deceased except this complainant and George H. Morgan.
DEPOSITION [Answered prepared interrogatory, probably mailed] 7 May 1894:
Preston H. Leslie, age over 70, live Helena, Montana, more than 2000 miles from the court house at Gainesboro, Tennessee. Am the U. S. District Attorney. Was well acquainted at one time with Mounce Gore's then living children and with some but perhaps not all his then living grand children. Has been more than 20 years since I saw any of them.
I became a citizen of Jackson County, Tennessee about 1853 and continued to be such until April 1859.
I was Administrator of the personal estate of Mounce Gore who died at his home on Roaring River, Jackson County, Tennessee. I filed a bill, all the children were made parties, to collate the entire personal estate which included the Negro slaves... decree issued... property sold. William Picket bought one, gave his note, never yet paid.
The bill did not contain anything about the landed estate. It is almost 40 years since these transactions occurred.
/s/ Preston H. Leslie
BILL OF COMPLAINT of A. J. Stafford and Robert A. Cox of Jackson County against Gore heirs of Jackson and Overton County, Tennessee against Absalem Pharris, W. N. Pharris and A. J. Pharris of Jackson County, Tennessee.
6 April 1878 Absolem Pharris as next friend of A. J. Pharris brought suit against Gore heirs... saw logs... recovered judgment against Absolem Pharris and A. J. Pharris as principals and W. N. Pharris as security... We A. Pharris, Wm N. Pharris and Amos Pharris as Principals and A. J. Stafford and R. A. Cox as security... 13 January 1879.
[Note: Following is in new folder, Pickett, I. B. & others against Gore, Wm & others 1892-1898, but same case/families - mlj].
WITNESS: J. M. Morgan, am a defendant. My wife was a daughter of Mounce and Elenor Gore. Her name was Paulina M. Gore. We were married 14 October 1862 at her mother's home after her father's death.
Mounce Gore's children living are Elvira Poteet, Wm Gore, Mrs. Ingaber B. Pickett, Mrs. P. M. Morgan, M. L. Gore and S. G. Gore. Eliza J. Gore died since her father.
He had a daughter who was T. H. Butler's first wife called Polly, who died before her father, and A. R. Gore a grown son who died before his father.
Believe Eliza died March, 1886, not sure.
At the time the Negro estate was being settled there were seven children and one set of grand children making eight shares. Have a Memorandum of sale.
Mrs. Elendor Gore bought four old negroes, Jim $600, Millie $500, Peggy $760.50, Siller $800 = $2660.50.
M. L. Gore bought Abe at $1499.50 and Henry at $1200 = $2699.50.
Eliza J. Gore bought Betsy at $1200, Sally at $470.50 = $1670.50.
P. M. Gore (now Morgan) bought Jane at $1150 and Marg at $966 = $2116.
W. M. Picket bought Taylor at $1022.50, Scott at $810.50, Meridy at $650 = $1460.50.
[Morgan produced as exhibit - Copy of Note - mlj]: ... Signed about the 1st of January, 1860... Ellenor [her X] Gore
/s/ J. M. Morgan
DEPOSITIONS September 8, 1898, beginning 9 o'clock A. M.
Pauline M. Morgan. Am a daughter of Mounce Gore and Ellenor Gore. Both are dead. Mounce Gore died 1860 as I recollect. Mother died 1878.
/s/ P. M. Gore
S. G. Gore. My name is Samuel Gray Gore. I am a son of Mounce Gore Sr. and Eleanor Gore, am age 53. I am a brother to complainant William Gore. I was born in June 1845. I was not quite fifteen at the sale of the Negro property on March 30, 1860. My mother purchased for me Scott at $810.50 and Meridy at $650.
Part of the negros were willed to my mother by her father John Crawford, but some sold at the sale as Mounce Gore's property.
/s/ S. G. Gore
M. L. Gore. I am a son of Mounce Gore.
/s/ M. L. Gore
ADJOURNED to September 13, 1898.
William Gore, age 74. Am a son of Mounce Gore. Did not purchase negroes at sale.
/s/ Wm Gore
DEPOSITION September 9, 1898.
I. B. Pickett, age 66. I am a daughter of Mounce Gore.
/s/ I. B. Pickett
DEPOSITION September 17, 1898.
A. Pharis age 76. I had a judgment against Wm Gore about the beginning of the Civil War, some $700 or $800. I asked T. H. Butler if I could get it from Wm Gore's share... he said Wm Gore owed $1000 to the estate for land, doubted if I could. T. H. Butler's first wife was Polly, a daughter of Mounce Gore. T. H. Butler was the father of M. G. Butler and grand father of George H. Morgan's children. [Part missing. No signature.].
[NOTE: First part of this is missing, but it's surely M. L. Gore. Contained 90+ pages of testimony, expenditures, income from sales of lumber and land during the years he managed the estate from about 1865 until1892 - mlj].
My father owned a farm at his death in Overton County, about 200 acres... rented [it out] and paid taxes until a few years ago. He owned an interest in a tract of 10,000 acres on Cumberland Mountain in Putnam County... great deal of trouble, valuable principally for timber and grazing... 60 miles from the extreme western boundary in Jackson County ... the eastern boundary of the lands [torn; ?in] Putnam County.
At the death of my father most of the land was considered worthless, hardly worth paying taxes on. At his death I was only 17 and knew very little about his land until the close of the war in 1865. At this time I took charge at the request of the heirs, continued so until 1892, even until now. It extended a long distance, was thickly settled country, subject to trespass.
I have surveyed all the Sugar Creek, Lick and Roaring River lands, some one or two known as the flat wood.
Suit was brought in Putnam county.
On taking charge I was young and inexperienced - didn't want to... had a brother several years older than I was, four brother in laws that was several years older - three of them was lawyers and I thought was better qualified. T. H. Butler wrote a Power of Attorney to authorize me to take charge, all of them signed it. William Gore may not have ... never objected to anything I did.
I sold and marketed a large quantity of lumber, divided proceeds among heirs as received, made several trips to Nashville, and cut and hauled timber to river, measured it, sold some from the river bank. I made a contract with Riley Hudson in the year 1888 to cut, haul and deliver lumber to the bank.
Some of the lands sold [Few had dates, one had location - mlj]:
- Carnahan $250.00
- Green McGlasson $75.00 July 27, 1867
- Montgomery Hufhines $262.50
- Mariland Gideons $132.50
- J. M. Burris $300 March 1869
- John I. McCoin $100
- J. W. Stafford $1215.00
- J. H. Stafford $200 [or $250; had notation "error" - mlj]
- Loftis & Gentry $250
- Isaac Hix $65
- W. G. Rose $75
- J. J. Phillips $1000
- J. M. Morgan $2000
- W. Hix $3.25 [small plot he had fenced, could have claimed adversely - mlj]
- John Brown $125
- Jeff Robberts [Roberts] $100
- Joseph Hix $250
- F. M. Bailey $170
- J. J. Phillips, $100, January 1887, Overton Co. farm
I tried to settle it with the heirs. I gave all my receipts to J. M. Morgan. Mrs. Poteet said he had shown them to his brother George.
I asked M. G. Butler whether we could settle it without filing a bill he told me he did not think we could owing to contraryness [sic] on the part of some of the heirs.
I paid a few to James T. Quarles in the case of Nathan Pharris vs Gore heirs... the case was compromised.
I paid Daniel M. Morgan for surveying.
Paid court costs in the case of Wm Gore and others vs Duke Allen and others December 23, 1878.
Paid court costs in the case of M. L. Gore vs John Brown December 24, 1878.
Paid R. A. Carter, Clerk of Circuit Court, Putnam Co. case of M. L. Gore and others vs John Blaylock and others April 7 1887.
Paid witness fees of T. J. Whitaker, Jesse Welch, W. Worth Smith and George Raines on the above Blaylock case.
Paid fees in the case of Wm Gore vs Richard Poteet to partition the Columbus farm, cost paid July 31, 1868.
M. L. GORE for Cross-Examination 30 May 1895 [Page 55 of this deposition - mlj]:
The value would be hard to estimate. We never could sell the land for what the heirs thought they were worth. When I took over four of the original heirs were women, one was single and three were married.
I taken charge of the business some time in 1865. I was employed about that time [as agent of the heirs] or I certainly would not have taken responsibility. T. H. Butler wrote it [agency agreement] and all the parties signed it except maybe W. Gore.
I didn't want the job. I think Mr. Butler came to me first. I was a compromise man. There was hard feelings between some of the heirs.
My sisters Eliza, Mrs. Morgan and Mrs. Picket was at a bad understanding with Mr. Butler.
My sister Eliza did not have a good feeling toward Mr. Morgan.
Mr. Pickett at that time seemed to be a habitual drunkard and lived in Overton County, and none seemed to want W. Gore.
Ill feeling originated with Mr. Butler during the Circuit court canvass [election] in 1870. That's what I had reference to when I wrote [my sister] Mrs. Poteet.
I was receiver in the Woodfolk case, involved about 25 tenants for about six years. In 1874 I was elected circuit court clerk... was in the mercantile business.
Ques: Did Dr. G. C. Jordan take a lot of timber off the Gore land?
Ans: I have his word he did not. Dr. Jordan [sub] rented his place one year to W. H. Denton a brother in law to one of the defendants. That year the Dr. lived at Spencer, Van Buren Co. [TN]. Jourdan says Denton cut and hauled and sold the timber without his consent.
... sold land and timber some $17,000 - $18,000, collected and paid to heirs all but $1422 I had paid out for taxes.
I went out of the mercantile business 1884 or 1886... had been engaged in it some twenty years. Had one or two clerks most of the time.
ADJOURNED to May 31, 1895.
Father died in 1857. Mother died in 1878. She had full use of the lands. If she wanted board timber she got it.
ADJOURNED to June 1, 1895 [86 pages of his deposition to this point - mlj].
The lands lay from the Macon County line to some 10 - 15 miles on top of Cumberland Mountain... it would have been impossible to have kept a correct account... I don't think anyone would have undertaken...
I made the sales, J. M. Morgan wrote the deeds... some instances I signed as agent, sometimes they [heirs] signed. In many cases, money was paid direct to the heirs and never came to my hands.
... Heirs were kept informed, money divided as received, pretty much equally. Mrs. Morgan may have been a little ahead. I served them faithfully without complaint twenty years until I told them I wanted to keep the money from the next shipment of logs... that I had paid for taxes and lawyer fees and I thought I should have something for my services.
BILL OF COMPLAINT of Mounce L. Gore, Samuel G. Gore, Wm Gore, I. B. Pickett, Mounce G. Butler, W. B. Butler all of Jackson County, Tennessee against
Elvira Poteet of Overton County, George H. Morgan, D. H. Morgan, Mamie Morgan of Putnam County, last two minors and defendant Geo H. Morgan their guardian and Job M. Morgan and wife Pauline Morgan of Jackson County, Tennessee. 11 April 1891. [Bill to partition and sell land].
DEPOSITIONS 22 January 1894 [Testimony regarding rent/sale value of Gore home place - mlj].
J. P. Boroughs age 34. /s/ J. P. Burroughs
D. N. Johnson, lawful age. /s/ D. N. Johnson
Foster Scott age 50, live about 200 yards, known 20 years, my land adjoins [No sig.].
Mart Scott, lawful age. Martin [his X] Scott
J. A. Williams, lawful age [No sig.].
ADJOURNED to 30 January 1894
A. C. Stafford age 48. /s/
I. B. Pickett [No age]. My sister Eliza Gore is dead, think six years next March. I am a daughter of Elender Gore and sister to M. L. and S. G. Gore. Brothers M. L. Gore and S. G. Gore have possession and control of the home place.
We lived at Livingston, Overton County during and after the war. Right after the war we moved to the home place where my mother was then living, were there five or six years. After my husband died I sent some stock up there to be fattened...
Ques: How long did you keep Betty Gore living on the farm after Eliza died...
Ans: Reckon she was there about a year, perhaps longer.
Ques: She lived there with M. L. and S. G. Gore as your hand, did she not?
Ans: She lived there because she had no other home. She was industrious... paid her way and served all the parties.
My husband died in 1889.
/s/ I. B. Pickett
BILL OF COMPLAINT of Mounce L. Gore against I. B. Pickett, William Gore, S. G. Gore and Mary Ann Pickett, a minor all of Jackson County. I. B. Picket's interest in Gore estate devised to I. B. Pickett during her life, with remainder to Mary Ann after her death. 30 April 1891.
REPORT OF COURT, case of M. L. Gore vs I. B. Pickett, et al... it appearing to the court that since last term Mary Ann Pickett has intermarried with Lee McDearman... he is made a party to this suit. 15 July 1893.
REPORT OF SALE... I. B. Pickett became purchaser of the home place at $12,250 on 12 June 1893, paid cash $1225, two notes of $5512.50 on one and two years respectively. Security H. L. McDearman and J. T. Anderson, property 9th District Roaring River, Jackson County, Tennessee bounded by Roaring River and lands formerly belonging to Abner Chaffin, Uriah Stafford, the lands of Mrs. Rhoton, the lands of S. G. and M. L. Gore known as the long branch tract and the land of M. F. Young known as the Mill tract and perhaps others... 500 acres more or less upon which Mounce and Ellenor Gore lived and died. The graveyard and right of way to and from same was not sold.
ANSWER to bill and cross bill filed 24 June 1907 and 17 August 1907, J. M. Morgan vs I. B. Pickett et als and I. B. Pickett et als vs J. M. and P. M. Morgan... Original petition filed September 15, 1896. March 25, 1899 final decree obtained, no appeal. Since the decree Wm Gore and Elvira Poteet have died. M. Y. Settle appointed Administrator of Wm Gore and W. C. Poteet appointed Administrator of Elvira Poteet. [Dispute over attorney fees - mlj]. /s/ S. A. Morgan, D. H. Morgan
[Note: "Marion Pippin" on folder; Morrison spelled various ways on docs - mlj].
DECREE: Process served more than five days before March term 1903, defendant failed to appear, judgment for confessed. Heard 8 July 1903, bonds between complainant and defendant be dissolved... name back to Etta Stafford.
SUMMONS Morrison Pippin 1st Monday in March, 1903 to answer divorce bill of Etta Pippin. 1st Monday in November 1902.
BILL OF COMPLAINT of Etta Pippin against Morison Pippin both of Jackson County. Married Jackson County, Tennessee 2 April 1902, together until October 1902. Abuse, bad names, cursed, told her he loved other women better... told her to go to her father's and stay that he did not intend to live with her any more. January 28, 1903.
Etta [her X] Pippin
DEMURRER to cross-bill filed against them and especially the certified copy of will of John I. Pippin, deceased.
Patience M. Pippin did not take the fee interest in property passing to her but a life estate.
LAST WILL & TESTAMENT OF JOHN I. PIPPIN [Certified Copy]
I, John I. Pippin of Jackson County, Tenn. while of sound mind do herein set forth as my last will and testament the following:
1. That out of my means at my death, that all my debts due or otherwise shall be paid, including doctors' bills burial expenses etc.
2. That all my property real and personal shall remain and be owned and controlled by my wife, Paticut [sic] Malvina Pippin, and to remain hers to be used and enjoyed by her as long as she lives or as long as she remains my widow. The same as we enjoy, own and control during my lifetime.
3. That at the death of my wife the aforesaid Paticut Malvina Pippin, or when she ceases to be my widow, by virtue of marriage to another - That whatever is remaining, both real estate and personal property shall be equally divided between my children McFarland Pippin's heirs, Margaret Francis Jackson, J. H. Pippin, C C. Pippin, J. M. Pippin, Parasetta Allen, Rhoda Lovie Dyer, and W. R. Pippin, except the heirs of McFarland, who have already received one hundred dollars at the hands of Joe H. Pippin, which amount is to be paid back to the said Joe H. Pippin out of the allotment of McFarland Pippin's heirs. Besides this all to share equal.
Should my aforesaid wife, Paticut Malvina Pippin marry - she is to have all the personal property then belonging to her by virtue of this bequeath, or otherwise - such as live stock household and kitchen furniture goods and chattels - all except the real estate, which shall be disposed of according to the third provision of this will.
4 . I hereby appoint and empower Joe H. Pippin as the executor of this will with full power to wind up and dispose of the aforesaid property according to the provisions of this will as herein set forth.
My executor Joe H. Pippin shall give bond for the faithful performance of his duties as such executor - not because of my lack of faith in him as such executor but for the satisfaction of the other heirs, and in compliance with the law governing such cases.
Witness my hand and seal this 8th day of July 1911.
in the presence of M. V. Johnson and T. K. Mansell two subscribing witnesses.
M. V. Johnson John I. X Pippin (seal)
T. K. Mansell mark
State of Tenn Jackson County
Signed executed and witnessed in my presence on this July 8, 1912.
J. H. Cummins, Notary Public
Certified by G. Lee McGlasson, Clerk of the County Court, of record Will Deed Bood "D" page 488.
ANSWER of J. L. Porter and John Rufe Flatt to Bill of Complaint of J. H. Pippin, et al. Admit to cutting timber and built additional room to the house... permanent betterment. Other charges denied.
ANSWER of Patience M. Pippin to bill filed 5 February 1914. She is John I. Pippin's surviving widow. Denies she owns only life estate. Children as set out are correct. Admits she is old and feeble, now about 68. Admits she is illiterate but not feeble minded.
Husband left a poor personal estate, had been in poor state of health 13 years before his death; farm neglected and fence needed repair. Left only $12.00 cash, insufficient to pay burial expenses. Respondent worked and paid his debts without help from his children. She brought into the marriage a personal estate worth as much as her husband left her. She has sold less than $5.00 of lumber.
Files this as a cross bill against J. H. Pippin and the other children and heirs at law of J. I. Pippin. 23 February 1914.
Patience M. [her X] Pippin
ANSWER of M. J. Dixon, guardian of Frank Pippin, Ardell Pippin, Lola Pippin and Simeon Pippin to Bill of Complaint 5 February 1914 by J. H. Pippin, et al and cross bill of Patience M. Pippin... Trusts his minor clients' interest to the Court.
BILL OF COMPLAINT of J. H. Pippin, W. R. Pippin, Margaret Jackson and husband W. S. Jackson and Parsetta Allen and husband Henry Allen all of Jackson County against
Patience M. Pippin, John M. Flatt, J. L. Flatt, Rufus Flatt, Frank Pippin, Ardel Pippin, Lola Pippin and Simeon Pippin, all of Jackson Co. except Simeon Pippin who lives in Putnam Co. and all age 21 except Frank, Ardel, Lola and Simeon Pippin.
John I. Pippin died in Jackson County, left widow Patience, left real and personal property to wife during life time. Upon her death property to descend to and vest in his children except the heirs of one of his children Mack who died before his father. J. H. Pippin had paid Mack $100.00 for his share.
J. H. Pippin qualified as Executor... will of his father.
Died owning land in Jackson Co. 12th Dist. bounded north by lands of Pippin, Young and Pippin, east by Johnson and Birdwell, south by Birdwell and Birdwell and west by lands of Medlen heirs and Johnson... 150 acres.
Patience M. Pippin, the second wife of testator, lived on and controlled land.
J. H. Pippin, W. R. Pippin, Margaret Jackson, Parsetta Allen and Rhoda L. Dyer were the children of John I. Pippin who survived their father.
Mack Pippin died intestate before his father leaving Maggie who intermarried with Fred Dyer, Lewis Pippin, John E. Pippin, Amanda Pippin married J. H. Pippin Jr., Lola Pippin and Simeon Pippin as his children and heirs.
Since the death of John I. and Mack Pippin, J. H. Pippin has taken deeds from children of Mack Pippin except Lola and Simeon Pippin, now owns their interest. Complainant W. R. Pippin bought the interest of Rhoda who married S. K. Dyer, and owns their interest thus they are not made parties.
Charlie Pippin a son of John I. Pippin died before his father leaving Frank Pippin his only child.
James Pippin a son of John I. Pippin died before his father leaving Ardel his only child.
Defendant Patience M. Pippin is between 65-70, illeterate [[sic] highly prejudiced toward complainants, cutting and wasting timber...
She has rented the land for this year to John Flatt and J. L. Porter... Defendant Luther Porter recently moved on the place to cultivate a portion. 2 February 1914.
BILL OF COMPLAINT of H. P. Allen of Jackson Co. against Frank Pippin. Complainant and defendant are owners as tenants in common... [John I. Pippin land] in 12th Dist. Complainant owns 7/8, bought from Margarette Jackson, Billie Pippin, Ardle Pippin, McFarland Pippin and the interest of his wife P. A. Pippin; H. P. Allen, who owned 1/8 interest as an heir making him owners of 7/8.
The above parties from whom he purchased are Uncles and Aunts of defendant Frank Pippin who owns 1/8 undivided interest.
The widow Patient Pippin has a life estate. Complainant paid $100 for the other shares, is willing to pay $100 to Frank Pippin... believes in his best interest.
BILL OF COMPLAINT of Laburn Pippin and wife Margarette Pippin of Jackson County against D. A. Montgomery.
Complainants are old, illiterate, unversed in legal proceedings.
About 1898 Laburn was owner of lands. Defendant, being sharp, shrewd, proposed to exchange a stock of goods situated at Double Springs, Putnam Co. for land, representing stock of goods was worth $2500. Goods are not worth $1200... old, damaged, out of style.
Land 10th Dist., Blackburn's fork... to Sam Sliger's gate... meanders of the creek... Richir's [sic] corner... Wm Pippin's corner... Wm and John Red Pippin's corner... crossing Sam Haney Hollow above the falls.
PROSECUTION BOND: Labe Pippin and Margarette Pippin, security Isaac Pippin and Sam Sliger to D. A. Montgomery.
s/s Labe Pippin, Margrette Pippin, Sam Sliger. Isac [his X] Pippin
DEPOSITIONS 13 August 1866:
Richard Fox age 47. Land broken, rough, hilly. Valuable timber in a hollow on the south side. Five heirs of Wm Pippin, in manifest interest to sell and distribute money to heirs.
/s/ R. Fox
G. M. Petty [No age]. Agree with Fox. /s/ G. M. Petty
Randol Gipson [No age]. Agree with Fox. Randol [his X] Gipson
BILL OF COMPLAINT of Laborne Pippin of Jackson County against Sarah Pippin, Mary J. [or possibly I.] Pippin, Lucinda E. Pippin, Margarette Pippin and Eliza Pippin, citizens of the State of Alabama and who are all minors.
Orator and his brother William were joint owners of land in Jackson County TN on Blackburns fork being 273 acres. Wm Pippin died in Jackson County, TN some years ago. His widow moved to the State of Alabama and died there a short while ago, leaving above named defendants the only heirs and owners of one-half the land. 1 January 1866. Laburn [his X] Pippin
ANSWER of H. H. Dillard, guardian ad litem of minor Pippin children... Knows nothing. [Note: No indication of where in Alabama - mlj].
REPORT OF C & M: A. B. Botts was appointed Administrator of James R. Tolbert, deceased who died from home intestate. A. B. Botts has moved to the State of Kentucky. James R. Tolbert deceased has a claim against the United States of America due for mail service performed which remains uncollected. Wm G. Cox is appointed administrator debonis non of the estate... posted bond, security being John M. Gipson and B. C. Washburn. [No date - mlj].
REPORT OF C & M: Leroy S. Clements appointed guardian for Sidney R. Tolbert, John B. Tolbert and James R. Tolbert, minor children of James R. Tolbert, deceased... Contract about sale of land is correctly set out. 14 February 186_ [Last numeral looks like a backwards 3; best guess would be 8, since courts were closed 1863 and 1865 - mlj].
REPORT OF C & M: 22 March 1861 Asa C. Pleasant filed a Bill of Complaint against James R. Tolbert and others asking for relief &c and afterwards James R. Talbert died, leaving Ann his widow and Sidney R. Tolbert, John B. Tolbert and James R. Tolbert his children. [blank] February 1866.
BILL OF COMPLAINT of the President and Director of the Bank of Tennessee and White Myers against Joseph C. Spurlock, Terrell Barnes, Drury Spurlock, Julia A. M. Spurlock and Martha J. Spurlock of Jackson County and James A. Spurlock and Joseph R. Tolbert, citizens of Missouri.
Bank of Tennessee recovered judgment against Joseph C. Spurlock and James A. Spurlock 27 October 1858 of $135.46 and costs of $11._ _, executions issued on same, no goods and chattels found.
A few days prior to the judgment James A. Spurlock made a deed of gift to his brother in law Terrell Barnes and his two sisters above named of a valuable tract of land in Jackson County on which Terrell Barnes now resides.
14 October following James A. Spurlock made an informal conveyance to James A. Tolbert of a tract of land in Jackson County adjacent above tract... charge both are fraudulent, without consideration, to avoid a just debt.
Joseph C. and Drury Spurlock have an interest in this land... The two girls Julia and Martha Spurlock had nothing to pay... their father died insolvent.
BILL OF COMPLAINT of Asa D. Pleasant of Jackson Co. against James A. Spurlock and wife Clarinda Spurlock, James R. Tolbert and John H. Tolbert of the State of Missouri and William B. Tolbert and Coleman White of the State of Texas.
Orator on 1 July 1857 purchased of defendant John H. Tolbert for $342 a tract of land in Jackson County, Tennessee, took a bond for title.
The land belonged to John H. Tolbert Sen. deceased. He died in 1854 and it descended to his heirs at law, defendant John H. Tolbert, William B. Tolbert, Sidney Tolbert, Clarinda Tolbert wife of defendant James A. Spurlock and James R. Tolbert... only children and heirs of said deceased... sold for distribution among heirs and purchased by defendant Coleman White and Sidney Tolbert. After said purchase Sidney Tolbert died intestate in Jackson County without issue leaving defendants John H. Tolbert, William B. Tolbert, Clarinda Spurlock and James R. Talbert his brothers and sisters his only heirs.
Land was again sold by order of County Court to pay the purchase money due by Sidney Tolbert and Coleman White, purchasers at the former sale, and it was purchased by John H. Tolbert who paid the purchase money, but sale never was confirmed. Title is still in the name of Coleman White, William B. Talbot, James R. Talbot and Clarinda Spurlock as heirs of Sidney Talbot deceased.
BOND FOR TITLE: John H. Spurlock to Alcy D. Pleasant, both of Jackson County... on consideration that I make or cause to be made... title to land... District 1 of Jackson County... waters of Jones & Thompsons branch, 150 acres... bounded by James Jones tract... conditional line by John H. Tolbert and John W. Richmond... tract once owned by J. W. Handcock... James Jones tract. 18 February 1858.
s/s/ J. H. Tolbert Attest: James Hargis, John Leach
BILL OF COMPLAINT of Samuel Plumley against John T. Gates both of Jackson County. Orator 14 Sept 1854 sold defendant John T. Gates four tracts of land in Dist. 7, 600 acres in all. $785 to be paid 1 Oct 1855, retained lien on land. Also personal property (livestock, household goods, plow] for $100, took note for $885. Note due, not paid. 3 December 1855.
/s/ Samuel Plumlee
PROSECUTION BOND: /s/ by Samuel Plumlee, /s/ by J. C. Gist, Security
BILL OF COMPLAINT of Samuel Plumlee against Hall Holman and J. B. Anderson, all of Jackson Co. 2 January 1859, Complainant bought tract from Hall Holman in Dist. 7, Jackson Co. on Cumberland River about 80 acres, paid $800 in hand, balance of $800 on two notes due Jan 3, 1859 and 1861. Complainant took title bond.
Said land descended to Martha Butler one of the heirs and distributees of Baley Butler, deceased, who is now the wife of defendant Holman and was at the time of the trade.
The said Martha Butler was allotted Lot 5 in division of property. Said Martha Holman was at the time of the trade and still is a minor under 21 and will not be 21 until June 1862. Complainant didn't know she was a minor, wants clear title. He is reliably informed that Martha will not make a deed on reaching age 21... defrauded by Holman... did not disclose.
Holman sold and transferred notes to E. L. Lankford in his lifetime. Complainant paid $310 of the first note to said Lankford before his death. Both notes are in the hands of Bennett Stone one of the Executors of Lankford.
Holman has been paid in full by selling notes, cannot make a deed. Complainant is informed he will have the notes to pay.
At the time of the trade Holman was solvent, good for several thousand dollars and Anderson was worth some property [Note: Nothing in documents state why Anderson is party to the suit or how he is involved - mlj].
Holman is now encumbered by debt, drunk to excess.
Holman now owns a valuable tract of land in Dist. 6 on Procter Creek of Cumberland River known as part of the Kinderhook farm worth about $7,000. 19 April 1861.
/s/ Samuel Plumlee
PROSCUTION BOND: /s/ by Samuel Plumlee, Denton Plumlee, George H. Plumlee
AFFIDAVIT: Came A. W. DeWitt and made oath that since filing bill defendant Hall Holman has removed temporarily to the County of Overton. 3 June 1861. /s/
[Note: This is a lengthy case involving bills, cross-bills, several deceased individuals and their estates, abstracted in order filmed - mlj].
CAUSE HEARD 26 October 1870. On 10 July 1860 Complainant L. B. Smith and defendant Plumlee's intestate A. R. Jarvis became security of Jessee Goss and Macom McClarin... note of $442.40 payable to L. E. Martin and George W. Jackson. Complainant L. B. Smith executed a trust deed to J. C. Gist to secure payment.
Principals Goss and McClarin became insolvent.
Principal Jessee Goss departed life intestate in Jackson Co. [blank] 18[blank] and his estate is insolvent.
Principal McClarin removed from the State of Tennessee, is insolvent.
Said Trustee [blank date] foreclosed on trust deed, land sold for full amount of note plus interest.
It further appearing to Court that the Co-security of L. B. Smith (to-wit) A. R. Garvis [Jarvis] departed life intestate [blank date] 18[blank] seized of property both real and personal.
Defendant Samuel N. Plumlee appointed Administrator of A. R. Garvis.
Said Administrator suggested the insolvency of said estate - has not been settled up.
L. B. Smith the co-security of Plumlee's intestate has fully paid the note, now $692.58. L. B. Smith is entitled to one-half that sum from Samuel N. Plumlee's intestate Jarvis.
Said Administrator Plumlee shall not be individually liable.
ANSWER of Samuel N. Plumlee Administrator of A. R. Jarvis to Bill of Complaint. Goss & McClarin signed the note, then L. B. Smith then A. R. Jarvis. A. R. Jarvis in his lifetime was bound for security for Goss for about $3000, agreed to take a tract of land and pay $2500 of debts. This debt is not one of them. 3 February 1868.
/s/ S. N. Plumlee
BILL OF COMPLAINT of Samuel N. Plumlee Admr of A. R. Jarvis, and Sarah K. Jarvis vs Agness V. Jarvis and others.
Complainant on 28 November 1867 filed Bill of reviver stating Rachel McLearin the wife of defendant Macom McLearin since this suit was commenced who is stated in their bill to be one of the heirs of Jesse Goss deceased, and asking her children to be made parties to this suit, to wit:
Sarah E. McLearin, James V. McLearin, Rosetta B. McLearin, Macom B. McLearin her only heirs at law. Stating also the marriage of Leroy P. Moss with defendant Agness V. Jarvis after the filing of complaint. Said Sarah E., James V., Rosetta B. and Macom McLearin are minors. John T. Washburn is guardian for all other minors who are defendants, asks he be appointed guardian for McLearin minors.
BILL OF COMPLAINT of Lucien E. Martin of Jackson County against Samuel Plumlee, Administrator of Estate of A. R. Jarvis deceased, L. B. Smith and G. M. Jackson, citizens of Jackson County; J. C. Ghist [Gist] a citizen of Monroe County, Kentucky and M. McClarin [also McLaren & McClaren] of the State of Illinois.
10 July 1860 Jesse Goss who is now dead and M. McLearin, L. B. Smith and A. R. Jarvis who is also dead executed to Orator and Defendant G. M. Jackson their promissory note of $442.40.
On the same day defendant executed a deed of trust to J. C. Ghist as trustee a deed to secure note... land in Jackson Co. whereon L. B. Smith then lived, estimated 276 acres.
At the time the deed of trust was executed, J. C. Ghist was a citizen of Jackson Co., TN, but has since removed to Kentucky.
It was the duty of the trustee if note was not paid to advertise and sell the property.
Since the note was executed Jesse Goss and A. R. Jarvis died and M. McCarn [sic; Malcom or Macom McLearin] left the state.
ANSWER of Samuel N. Plumlee, Administrator of A. R. Jarvis, deceased to Bill of Complaint of Lucien E. Martin.
Shortly after maturity of the note, to wit 9 March 1861 Jabez C. Gist [as trustee] sold the land mentioned in trust deed. Complainant Lucien E. Martin by his attorney W. P. Witcher became highest bidder 23 March 1867.
/s/ S. N. Plumlee
DEPOSITION 17 July 1869, office of William M. Riggs, Tompkinsville, Kentucky in the presence of L. E. Martin and defendant Plumlee:
J. C. Gist age about 43. Offered to make L. E. Martin a deed before I removed from Jackson County. He said he thought Smith would redeem it... was not necessary. I made Martin a deed after I removed to Kentucky. I was going to knock it off [accept high bid at auction] to Witcher for $350, but he hollowed and said $450 would cover the debt. I understood he was acting on your [L. E. Martin's] behalf at the price of $450.
/s/ J. C. Gist
DEPOSITIONS 20 May 1870. Primarily as to character of Jabez C. Gist and/or L. E. Martin.
Scott Moore 48. Jabez C. Gist character good. /s/ Scott Moore
A. W. DeWitt [No age]. J. C. Gist and L. E. Martin character good. /s/ A. W. DeWitt
James M. Marshall [No age]. L. E. Martin asked me I think in 1865 if there was any rent coming to him for land. Understood he meant land L. B. Smith once owned. Character of J. C. Gist and L. E. Martin good.
/s/ James Marshall
Aaron Bray age 56. Heard L. E. Martin say something about rent for L. B. Smith place... was in Jackson Co. on the flatt [sic] near the Brimstone road.
/s/ Aaron Bray
DEPOSITION 2 August 1869:
L. E. Martin age 36. Authorized W. P. Witcher to bid for L. B. Smith land. I authorized him to give $350 and no more.
First time I recall paying tax was 1867 or 1868.
I understood I had compromised the suit with Samuel M. Plumlee, administrator of Argile Jarvis.
Ques: Are you acquainted with the general character of J. C. Gist?
Ans: I am not. When I lived in Kentucky he lived in Tennessee.
Have no recollection of proposing to sell the land in 1865 or 1866 to Andrew Eakles or to Ben A. McLarin.
/s/ L. E. Martin
INDENTURE [DEED]: From J. C. Gist, Commissioner, party of the first part and Lucien E. Martin, party of the second part... 10 July 1860... undersigned to sell land... benefit of L. E. Martin and George W. Jackson on which L. B. Smith then lived, four tracts in all 276 acres... described in deed from A. M. Hesland [probably Hestand] to L. B. Smith dated 28 November 1855... having advertised at Centerville, More's store and Court house door in Jackson County, Tennessee... 9 March 1861 W. P. Witcher the attorney for Lucien E. Martin... highest bid $450, Lucien E. Martin became purchaser. 20 March 1867.
/s/ J. C. Gist
Wits: David J. McAlpin, Jefferson Moore, S. N. Plumlee
BILL OF COMPLAINT of Samuel N. Plumlee Admr of A. R. Jarvis against
William B. Rody [Roddy], Administrator of Isaac Hestand and Dicy B. Hestand, Admr of said Isaac Hestand, Melissa Hestand and Rosetta Hestand of Jackson County and Bennet [or Bernet] Arterberry of Illinois.
About 1859 or 1860 William McClarin bought a tract of land of Isaac [hole in page] lying in District [hole] waters of Proctor creek [hole] by Benjamin Plumlee's line, south and west by Dice B. Hestand and north by land of John Hestand deceased... 75 acres more or less. Isaac Hestand made a deed to said William McClarin... never recorded because shortly after the making of it McClarin sold said land to A. R. Jarvis and it was agreed that Isaac Hestand should take up the deed from McClarin which was done, then Isaac Hestand made title bond to A. R. Jarvis promising to make title when purchase price was paid. Money has been paid, title bond was lost during the late war.
Some time after the purchase A. R. Jarvis sold the land to Bennet Arterberry. About $180 is due and unpaid.
Title [hole] by Isaac Hestand to A. R. Jarvis was transferred by Jarvis to Bennet Arterberry... is lost. A. R. Jarvis is deceased. Orator is executor [actually administrator; died without a will - mlj]. Isaac Hestand is dead and defendant William B. Rody are administrators.
Rosetta Hestand and Melissa Hestand are the only children and they are minors. 8 November 1866.
/s/ S. N. Plumlee
DECREE TO SELL LAND, cause of Samuel N. Plumlee vs Wm B. Roddy, 1st Monday in February 1867. Land sold to James Draper for $77.50; learning difficulty about title, refused to give his notes for same.
ANSWER of William B. Roddy and Dicy B. Hestand, Admr of Isaac Hestand, deceased to Bill of Complaint of Samuel Plumlee, Administrator of A. R. Jarvis, deceased. [Nothing new]
PETITION of Argile R. Jarvis of Monroe County, State of Kentucky. Orator about [blank date] sold to John N. Gates of Jackson County, Tennessee land on the north side of Cumberland River, tract of 76 1/4 acres... east boundary line of 640 acres granted to Given... being the tract of land where said Gates now lives, the other tract containing five acres.
Orator executed to Gates a bond for title to be made when consideration paid. No deed yet... judgment recovered of $283.96 against Gates 10 June 1843.
On 14 August 1844 judgments against Gates for $26.66 in Jackson County, Tennessee before Franklin W. Butler, J.P. for said county... returned by Baily Butler a Constable for said county.
A certain William P. Welch for the use of Whitfield Button of Barren Co., KY recovered judgment before John Whitson a J. P. for Jackson County against said John N. Gates and your orator on a note for $121.51 and costs. 8 October 1844, State of Tenn, Jackson Co.
/s/ Argyle R. Jarvis
REPORT OF CLERK & MASTER 27 January 1847. Cause of Argyle R. Jarvis vs John N. Gates. C & M sold the land to Erwin F. Lankford for $489. Langford being beneficiary in said sale no money exchanged. Title vested out of John N. Gates and in Erwin F. Langford. Money arising from sale first to pay $337.22 1/2, amount due from defendant Gates to complainant then to the Whitfield Button debt. Surplus if any be paid over to John N. Gates.
PROSECUTION BOND of Argyle Jarvis, Wakefield Button and James ?Boyse [possibly Boyles - mlj].
BILL OF COMPLAINT of Argyle R. Jarvis of Monroe Co., Kentucky states about 1839 he sold John N. Gates of Jackson County for $1500 two tracts of land on the north side of Cumberland River, executed bond for title... debt remains unpaid. 8 October 1844.
BILL OF COMPLAINT of L. B. Smith of the State of Kentucky against Samuel N. Plumlee and L. B. Moore of Clay County, Tennessee, R. A. Cox and W. G. Cox of Jackson Co.
Samuel N. Plumlee was appointed administrator of A. R. Jarvis October term 1865, gave bond with L. B. Moore one of securities... collected and paid debts.
3 July 1866 paid P. H. Leslie $634.77 of a judgment against intestate.
6 April 1867 paid A. K. Tinsley $407.39 judgment. Alleges gross mismanagement of estate [L. B. Smith thinks money should be spread around better, wants his - mlj]. 24 June 1871.
BILL TO SELL LAND 1 July 1867, Jackson County, Tennessee before Andrew McClarin, Judge 6th District Circuit Court, case of:
S. N. Plumlee, Administrator of A. R. Jarvis and Sarah K. Jarvis against
Agness V. Jarvis, Sarah F. Jarvis, Mary E. Jarvis, Margarett F. Jarvis and Hortensia B. Jarvis (minors), Laverna M. Goss, Turn Ann A. Goss, Andrew J. Goss, Josiah S. Goss, Peter H. Goss, Frances M. Goss and others. [Note other Goss children not listed - mlj].
BILL OF COMPLAINT of Samuel N. Plumlee and Sarah K. Jarvis, Citizens of Jackson County against
Agness V. Jarvis, Sarah F. Jarvis, Mary E. Jarvis, Margaret F. Jarvis and Hortensia V. Jarvis (minors) Laverna M. Goss, Richard B. Goss, Turn Ann A. Goss, Andrew J. Goss, Josiah S. Goss, Peter H. Goss, Frances M. Goss, Sarah A. Goss, Malvena E. Goss and Rhoda M. Goss, John H. Goss and George Boyle of Jackson County, Tennessee, Sarah B. Goss and Alexander C. Goss of Monroe County, Kentucky, Rachel McLaren formerly Rachel Goss and husband Macom M. McClaren, citizens of the State of Illinois, Nathan J. Goss, James B. Goss and Jessee Goss, Citizens of the State of Indiana - defendants.
Argyle R. Jarvis died intestate in Lexington, Kentucky about 7 August 1864. At the time of death he was away from his place of residence in Jackson County, Tennessee, property and effects being in Jackson County.
Samuel N. Plumlee was appointed administrator October term 1865. Personal effects will not exceed $1500. All but about $80 has been exhausted in payment of debts... land was sold before he died and mortgaged to secure payment of debt, yet outstanding debts about $800 and debts on land in District 14, about 360 acres. Land mortgage to Thompson Arterberry... debt has been paid. Arterberry reconveyed the land , made the deed to the widow and heirs of A. R. Jarvis.
83 acres, Exhibit D; 25 acres Exhibit A; and undivided one-half acres Exhibit B was not encumbered at Jarvis' death.
60 acre tract Exhibit B, one Jesse Goss and A. R. Jarvis were equal owners having been granted to said Goss and Jarvis jointly.
Jesse Goss is dead and his only heirs at law are defendants Laverna M. Goss his widow and his children John H. Goss, Richard B. Goss, Rachel McLaren who intermarried defendant Macom McClarin, Nathan J. Goss, James B. Goss, Jesse N. Goss, Josiah S. Goss [minor], Peter H. Goss [minor], Frances M. Goss [minor], Sarah A. Goss [minor], Malvena E. Goss [minor] and Rhoda M. Goss [minor] and his grandchildren [all minors] Turn Ann A. Goss and Andrew J. Goss children of his deceased son William C. Goss and Sarah B. Goss and Alexander C. Goss, children of his deceased son Andrew J. Goss.
In his lifetime R. Jarvis and defendant George Boyle exchanged small pieces of land in Dist. 14, each took possession about 22 years ago... no writing. Land acquired by Jarvis is described on Exhibit H; by Boyle from Jarvis is Exhibit M. Tract from Boyles to Jarvis is included in the calls of Exhibit C.
Complainant Sarah K. Jarvis is the widow of A. R. Jarvis. Dower has not been assigned.
Defendants Agnes V. Jarvis, Sarah F. Jarvis, Mary E. Jarvis, Margarett F. Jarvis and Hortensia B. Jarvis are the only children - all are minors, no regular guardian.
Asks dower be laid off, balance of land sold to pay debts. 8 June 1867.
SETTLEMENT 1st Monday in September 1874.
DEED: I, Thompson Arterberry... this day transfer and convey to Sarah F. Jarvis and Agnes V. Jarvis and Mary E. Jarvis and Marg Fidella Jarvis and Hortensy Bell Jarvis... $468.99 to me paid... land in Jackson County, 300 acres in the 14th District bounded by ... Procter's creek [rest of calls are trees; no names]... to have and hold to Sarah K. Jarvis widow of A. R. Jarvis deceased and Agnes Virginia Jarvis and Sarah Florrintha Jarvis and Mary Etta Jarvis and Margaret Fideller Jarvis and Hortensy Bell Jarvis being the heirs of A. R. Jarvis... deeded to me by A. R. Jarvis on account of debt. 13 April 1867.
s/s Thompson Arterberry
Wits: s/s J. M. Morgan, W. B. Roddy
State of Tennessee, Jackson County
DEPOSITIONS Filed July 1893:
J. M. Carver [No age]. Live 4th District, occupation farmer. Live one mile from land, not susceptible of partition. Value $850 cash including rent for present year.
/s/ J. M. Carver
James McCoin. Live 4th District, occupation farmer. Known lands about 40 years, live on them now. Best to partition, Value $850.
W. H. Lee. Live 4th District, occupation farmer, live adjoining lands. Value $850 including rent for present year.
s/s W. H. Lee
DECREE OF SALE: T. B. Plummer & wife vs Henry Crabtree, et al. Land to be advertised & sold, report October term. Complainants bill taken for confessed as to defendants Jack Jenkins & Henry Crabtree (H. A. Crabtree his guardian). Complainant Laura Plummer and defendant Henry Crabtree are joint owners of one undivided one-fourth interest and defendant Jack Jenkins owns the other three-fourths... land to be sold 15 September 1893 and proceeds distributed. Lands of Adiville Crabtree, deceased, south fork of Jennings Creek Dist. 4.
REPORT OF SALE 6 November 1893. Highest bidder G. J. Jenkins... $850 G. J. Jenkins became purchaser. Right, title and interest to be vested out of Laura Plummer and husband L. G. Plummer and Henry Crabtree and in G. J. Jenkins.
BILL OF COMPLAINT of Laury Plummer and husband L. B. Plummer, citizens of Lehigh, Indian Territory [Coal Co., OK - mlj] against Henry Crabtree a citizen of Redland, Indian Territory [Sequoyah County, OK - mlj] and Jack Jenkins and H. A. Crabtree of Jackson County, Tennessee.
Adaville Crabtree departed life in the State of Illinois [blank] 1877 [1887 was written over - mlj], leaving Complainant Laury Crabtree who intermarried with L. B. Plummer and defendant Henry Crabtree her only children... not indebted, no Administrator was appointed.
Adaville Crabtree owned one-fourth undivided interest in fee simple, land 4th District Jackson County on south fork of Jones creek bounded south by lands of Wm Carnahan, east by lands of Harvey Lee, north by lands of Rube McCoin, west by lands of B. D. and P. A. Clark, about 250 acres more or less. At Adaville's death one-fourth undivided interest descended to Laury Crabtree who married L. B. Plummer and Henry Crabtree a minor - guardian H. A. Crabtree.
CAUSE HEARD: 3 January 1865 Mordecai Halsell borrowed $80 from David Poindexter... signed a note written to Berry Poindexter, but Berry Poindexter has no right to the money.
David Poindexter died, and John Sprowls was appointed Administrator.
Complainant to recover of Mordecai Halsell $110.40 being principal and interest. Also costs of depositions except that of Mordecai Halsell which is suppressed.
DEPOSITION [No Date]:
Jones [or Jonas] Stone. I was 46 last April, live near Poindexter land.
Ques: How far do you live from the lands whereon David and Poindexter died.. 70 acre tract, 20 acre tract, 10 acre tract, 50 acre tract...
Ans: About 2 1/2 miles. About 75 acres cleared, three residences, two good springs. Believe it best to keep it in one tract; one spring goes dry and the other is not very good water. $1,000 would be a fair minimum price.
/s/ J. S. Stone
REPORT OF SALE 5 April 1869, four tracts of 150 acres to Joseph E. Mulkey, high bidder at $1300. Security John Sprowl, Wm C. Purcell and Saml N. Plumlee. August term 1869.
DEPOSITION 13 April 1867, Tompkinsville, Kentucky:
Mordecai Halsell [No age]. Borrowed $80 - $85 from David Poindexter. Berry Poindexter took the note in his own name. Was talking to the old man David Poindexter, who said the money was his, note ought to have been in his name. The old man died a few months after we had the conversation.
/s/ M. Halsell
[Defendant David Poindexter objects; no notice of deposition was given - mlj].
BILL OF COMPLAINT of John Sprowl. On 5 August 1865 David Poindexter of Jackson County, Tennessee departed life. September term, Orator was appointed administrator. During the year 1865 part of Poindexter's farm was rented to William Tade and Franklin Poindexter.
Berry Poindexter is claiming rent. William Tade and Franklin Poindexter live in Kentucky, land cultivated is in Jackson Co. 6 November 1865.
[NOTE: The handwriting is unclear, mostly phonetic spelling inventive on next Bill. Hope I got names correct. Ordering the reel is advised -mlj].
BILL OF COMPLAINT of John Sprowl, Administrator of David Poindexter, deceased of Monroe County, Kentucky, Green Berry Poindexter of Jackson County, Tennessee and Mordecai Halsell of Monroe Co., KY, Molenda ["Poin" marked through] Combs, David Combs, John Sprowl, Rachel Sprowl, Martha Tade, William Tade, Eliza Bolton, George Bolton, Elizabeth Boon, Asberry Boon, Sarah Herman [or Thurman], William Herman [or Thurman], Matilda Boon, Nancy Boon and Martin Poindexter, Plaintiffs against
John Poindexter, Elizabeth Poindexter, Robert Poindexter, Nancy Poindexter, David Poindexter, Frank Poindexter, Rachel Cable, Stephen Cable, Sarah Lester, Woodford Lester, Walker Grace Wm Grace, David Grace, Berry Grace, James Grace, Rachel Grace, Milly More [Moore], Thomas More, Sally Reach, Abraham Reach, Susannah Henton [or Herton or Horton], Wise Henton [or Hestand],
The unknown heirs of John Grace deceased, the unknown heirs of John Poindexter deceased, the unknown heirs of Sam'l Poindexter deceased, the unknown heirs of Rachel Whiting deceased, and Ada Spear, Jordan Spear, Bennett Spear, Milly Spear and May [or Mary] Spear and Phillip Spears.
Both David Poindexter and Berry Poindexter departed life in Jackson County, Tennessee some years ago intestate, neither ever married or had children. They lived together and jointly claimed all their estate... land north side of Cumberland River, four tracts of 76 acres, 20 acres, 10 acres and 50 acres.
John Sprowl is Administrator of David Poindexter and Philip Spear is Administrator of Berry Poindexter.
Necessary to sell lands... number of heirs. The two deceased were brothers and had a brother James who died prior to David and Berry Poindexter, left as his only heirs
Malinda Combs who married Daniel Combs
Rachel Sprowls who married John Sprowls
Martha Tade who married William Tade
Eliza Bolton who married George Bolton
Elizabeth Boon who married Asberry Boone
Sarah Thurman who married William Thurman
Matilda Boon, a deceased daughter of James Poindexter. Matilda left Matilda Boon and Nancy Boon who are grand children of James Poindexter.
Martin Poindexter, son of James Poindexter.
Said decedents also had a brother Franklin Poindexter. He is dead and left the following children, no widow
Said decedents had a sister named Rachel. She intermarried with Aaron Whitney and they are both dead. Children if any are unknown to complainants.
Said decedents had a sister named Sally. She intermarried with Bennett Spears. Sally Spears is dead and left children
Rachel who intermarried with defendant Stephen Cable
Sarah who intermarried with defendant Woodford
Polly Tade who intermarried with William Tade. She is dead and left Sarah Tade, Nancy Tade, James Tade, Bennett Tade, Mary Ann Tade married Joseph Polston & John Thomas Tade and this latter is dead and left a child whose name is unknown.
Said decedents had a sister named Betsy who married one Walker Grace. She and her husband are both dead, left children William, Dovie, Berry, James, Rachel who is dead and never was married, Milly intermarried with Thomas More, Sally ?Reecer/Reach intermarried with Abraham Reecer, Luran intermarried with defendant Wise ?Hestand and John Grace he is dead and if he left children the names are unknown to complainants
Decedents also left a brother Jack Poindexter he is dead and if he left children, names unknown to complainants.
Decedents also left a brother Samuel Poindexter he is dead and if he left children, names unknown to complainants.
The 70 acre tract was part of an 88 acre tract patented to Ley Spears by Kentucky patent dated 26 December 1809 and said Ley Spears gave said 88 ?land to defendants Ada Spears and Milly Spears who is dead leaving no heirs and perhaps one other sister all of whom died prior to their death. They sold and conveyed land to David and Berry Poindexter... put them in possession more than forty years ago.
Walker Grace resides in Jackson Co., TN as do David Spear and Berry Spear.
Asberry Boon and wife Elizabeth Boon live in Overton Co., TN.
All others are non-residents of Tennessee.
Defendants Nancy Tade, Sarah Tade, James Tade, Burnett Tade and David Tade and Mary An Tade who married Joseph Polston are minors.
Jane Tade was a daughter of William and Polly Tade. She intermarried with John E. Scofield. She is dead and left several children Elizabeth and Permelia and perhaps others under 21 with no regular guardian. November [Can't read - mlj] 1868.
/s/ John Sproul
FINAL DECREE 4 August 1869:
First tract... begin white oak stump south side of Mcfarlands creek in Hulet Spears line... north bank Mcfarlands creek being 70 acres more or less.
Second tract, 20 acres adjoining above.
Also another tract... buckeye in Arterberry line on south side of said creek.
Third tract 10 acres adjoining above on same creek.
Fourth tract adjoining above, 50 acres more or less.
Title divested out of Complainants and Defendants and in Joseph E. Mulkey his heirs and assigns.
PROSECUTION BOND: We Greenberry Poindexter and David G. McAlpin to Phillip Spears and John Sprowls for $500... contested nuncupative [oral] will of [blank] ... now if Greenberry Poindexter and Walker Grace who are legatees prosecute with effect this obligation to be void. 5 March 1866.
/s/ G. B. Poindexter, D. G. McAlpin
C & M REPORT: March term 1866, Walker Grace and Greenberry Poindexter say that 2 August 1865 in said county that David Poindexter in his last sickness made his nuncupative will in the presence of William F. Plumlee and Benjamin Head... directed just debts be paid and landed estate be equally divided between Walker Grace and Greenberry Poindexter and on the next day the will was reduced to writing and attested, here filed 3 August 1865 and on the 3rd or 4th day of August David Poindexter died.
SETTLEMENT with John Sprouls May term 1874. Amount due heirs $214.26.
ANSWER of Greenberry Poindexter to Bill of Complaint by John Sprowl against Mordecai Halsell and Respondent. Respondent states about 1 January 1865 his uncle David Poindexter loaned Mordecai Halsell $80. About 3 January Mordecai Halsell executed note payable to respondent for the money. Respondent says his uncle was a bachelor, very attached to Respondent and the money was a gift. Denies complainant's right to same. 4 February 1867.
DEPOSITIONS 15 May 1866 at house of Hulett Spears, Monroe County, Kentucky.
Thompson Arterberry age 59, reside Monroe County, KY about one mile from where David Poindexter lived.
Ques: Are you acquainted with the character of Joseph E. Mulkey, George M. Potter, Sarah Potter, Nancy Rech, Franklin Poindexter and Nancy Ann Dudley?
Ans: Joseph E. Mulkey, Geo. W. Potter character good, would give full credit. Don't know the others.
David Poindexter was an old man but not sickly up until the week before he died. Seamed [sic] sound minded. Told me some gurillars [sic] had abused him [during the Civil War], showed me where they struck him in the head.
He stated his brother had been dead about twelve months.
/s/ Thompson Arterberry
Mrs. Elizabeth Arterberry age 51. Lived about one mile from David Poindexter, knew him 20 years. Said he raised Berry Poindexter and Walker Grace. Said Berry and Walker showed more friendship to him than his other relatives.
Elizabeth [her X] Arterberry
?Henry Arterberry about 35. Lived one mile from David Poindexter.
s/s James H. Arterberry
[Note: Name in heading looks like "Hanay" - mlj]
Simon Huddleston age 40. Lived 1 1/2 mile from David Pointdexter the last three years, not much acquainted with him. Went to his house about January or February 1864 to rent some land from him. He told me his farm was out of fix, said if Walker got home from the army he had to have some land and Berry was to have some... said he wanted the boys to fix up the farm... have the land.
/s/ Simon Huddleston
Hamilton Savage age 50. Known David Poindexter the last 40 years, lived 3-5 miles from him during that time.
Ques: Say if you know anything about Bennett Spears selling that part of the David Poindexter farm that is on the Kentucky side of the state line to Joseph E. Mulkey [Objected - not answered - mlj]. Say if you know anything about boring for petroleum.
Ans: I leased his land for the purpose of boring for petroleum... explained he would still have use of it. I saw there would be a lawsuit... I would not have anything to do with it until it was deeded.
Hamilton [his X mark] Savage
Hewlett Spears age 41. Am a close neighbor, known nearly all my life [Signature and probably part of deposition missing - mlj].
DEPOSITIONS 9 April 1866 at house of John Sprowls, Monroe Co., KY:
Nancy Rich about age 44. Acquainted with David Poindexter all my life... was raised in sight of him in the same neighborhood except about six years.
I was there on Saturday evening and found him dead. He died August 5th 1865. Tuesday and Wednesday before he seemed to be in a stupor, sleepy. Then he asked about Berry Poindexter and Walker Grace. Mr. Benjamin Head was sitting at the head side of the bed. Berry Poindexter lived on the farm of deceased... [on] a branch that ran in to McFarlins creek. Berry had been living there 14 or 15 years. Walker also lived on the farm, some 5 or 6 years. Berry went there when he was small and lived there in the house with him till he married.
Nancy [her X] Rich
Sally Potter about age 39. Known David Poindexter all my life. Lived about one mile the last five years, at one time about six miles, never over ten miles.
Rachel Grace a girl he raised lived with him at his death.
Berry Poindexter lived about one-fourth mile from David.
Sally [her X] Potter
Unknown [Note: First nine pages and last page or pages of this deposition are missing, have no idea who it might be - mlj]:
P. 10: I went there on Thursday Aug 3rd about 10 oclock. Benjamin Head was there... Zack Potter came in that night... the old man called for Wash Potter and he was told Wash wasn't there... Zack was. The old man wanted to know how much akin Zack was to Wash. Zack said he was Wash Potter's father. Zack Potter lived about four miles from the old man and had lived there something like a year. They had been acquainted 25 years or more and not lived further apart than 10-12 miles. Wash Potter lived about one mile from David Poindexter the last five years.
Joseph E. Mulkey about 41. Known David Poindexter ever since I knew anyone. I went there once when I was Sheriff or Collector of tax... he didn't know if I was the proper person to collect tax.
Berry Poindexter Sr., his brother, died previous, seemed they were partners. He leased his land to an oil company that I was concerned in, in 1865. He said his eyes were bad.
/s/ J. E. Mulkey
Washington Potter age 37. Known David Poindexter 10-12 years. Lived about one mile at his death... there about five years.
G. W. [his X] Potter
William F. Poindexter about 33. Known David Poindexter all my life. Lived 3 to 4 miles and 6 to 7 miles. Saw him Monday, Wednesday, Thursday and Friday the week he died. Thursday he asked how my family was I told him I had none. Friday I went to see him, Berry Poindexter sent me after Walker Grace. Met him on the way. When I left, did not go back. When I left there old Mr. Head and Doct. Plumley and Berry Poindexter were there.
Ques: State whether you saw Doctor Will F. Plumlee, Benjamin Head and Berry Poindexter in private conversation.
Ans: Saw them talking... acted like they didn't want me to hear.
David Poindexter told me he couldn't see, only recognize people from their voices.
William F. [his X] Poindexter
Anny Odle about 22. I was there Wednesday, Thursday and Friday. David Grace came in Friday morning. Berry Poindexter's wife told him it was Dave Grace.
Ques: Please state whether or not a woman had come to David Poindexter's house and threatened to stamp the woman who was living [hole in page - mlj] him on the day he called for Berry and state if that was what troubled him.
Ans: I don't know... I heard that a woman had come there and threatened to beat the woman that was living with David Poindexter.
Anna [her X] Odle
DEPOSITIONS 4 May 1855, Putnam Co., TN:
Squire Thompson about age 48.
Ques: Say if you heard defendant say anything about not being willing to live with complainant; if he said anything about her not being chaste; if he said anything about land that her son Thomas Pointer bought for her on which she now lives...
Ans: Never heard him say anything... want of chastity. Before they divided the property he said he lived in hell... I was at John Slygers and heard him said that... said he had the advantage of Thomas Pointer about that land. The last conversation about the land was after the separation. He said she'd charged $78 at the stores and he had the receipt in his hat to prove it, and reached for his hat for to show me but never did.
They had twelve children, nine unmarried. The unmarried have lived with complainant since the separation... youngest child is seven or eight, never seen a record of ages. Said he intended to get a right in that land.
Ques: Say whether Defendant is a practicing physician... makes money in his profession.
Ans: He is said to practice medicine, I can't tell how much money he makes. He can read and write, but don't know what education he's had. His children are like my own, some of them can write a little, some can neither write nor read.
Known complainant about 4 - 5 years, live 500 - 600 yards... a prudent woman.
Known John B. Pointer 10 - 12 years, not particularly acquainted more than five or six. From information, they have been living round in the county 10 - 12 years.
I was one of the commissioners that divided property between them. I suppose the Ladies part was the most value... suppose $80 or $100 the most not taking real estate into consideration. Land where defendant lives is worth $400.
It was left to the children who they lived with and they all chose to live with the old lady.
The town square of Cookeville is one-half to three-fourths miles from the property.
/s/ E. L. Thompson
Austin Choat age 38. He didn't compare his wife to a woman of ill fame but said he'd as soon take up and live with Mary Pain as live with her. He told me they had run him in debt at the stores $78 and if they run him in debt any more he would sell their property to pay it. Said he could prove that by Stephen Burton ?Daniel [or David] Howe Robert Burton Freeze and had papers to show me in his hat. I said I did not dispute it I did not want to see it.
Known her 18 - 19 years, character good for chastity.
Mary Payne's character is very bad from general report.
I was there one morning and he was scolding but I think at the children and I said how in the hell do you stand it and she said she never let on like she heard him.
He is a physician, has had a profitable practice, don't know if he does now.
Pointer said he had been a little too friendly with John Deweese's wife, I understood that to mean he had been hugging her a little.
/s/ Austin Choate
James Car [Carr] about 21. Known both about five years. Her character is good for Chastity, Industry, Economy.
Heard him say if they did not do better he would turn them out to shift for themselves.
Ques: Have you ever heard him say he was guilty of adultery?
Ans: Heard him say he went to Margaret Erwins and he didn't care who knowed. I heard him say that Thomas Ramseys wife was a credit to him...
Margaret Irwin has two children without ever being married. Don't know about her character.
You don't know that the children were herein [her'n; hers - mlj] and that Margaret does laundry.
Ans: I don't know they are her children.
I married a daughter of Defendant and Complainant.
/s/ James Carr
DEPOSITIONS 1 February 1855 at house of E. L. Thompson, Putnam Co., TN [Thompson certified he took depositions as J.P., and they had been sealed - mlj]:
Robert G. Burton about age 41. Acquainted with parties 8 - 10 years, perhaps longer. Lived with them one year. Since I lived with them, lived about 4 or 5 miles away. Considered her prudent.
Don't know how many children they have and where they live. They lived on my land one mile west of White Plains. He was absent from home a lot.
Ques: Was not this because he was a Minister of the Gospel and preached frequently at that time?
Ans: He was a preacher - supposed he preached frequently. He was a poor man and not able to provide as well as some in the neighborhood.
/s/ R. G. Burton
Rebecca Huddleston age about 40. Known them 15 - 20 years. Complainant lived within 5 miles part of the time and part of the time within 2 or 3 miles. Her character is good... been at her house frequently. Now live about three miles.
Never saw defendant at a house of ill fame but once. I saw him at a house at one time that had the character of being bad. When I first saw him he was getting over a fence at the back part of a small field that the house was in.
He has been practicing medicine the last 10 - 12 years.
Misses White keeps the house I spoke of. It was on land owned by my husband. It was something more than 100 yards from our dwelling. She lived there not quite a year. I have seen virtuous and respectable people there. I saw him there in December 1854. Mrs. White was an old lady. She had some girls living with her, the bad character of her house was on account of the girls.
/s/ Rebecca Huddleston
John L. Huddleston age 46. Mrs. Pointer's character is good. Me and my wife heard a voice at Mrs. White's - thought it was defendant.
Arvena Thompson about 46. Known Mrs. Pointer about five years, lived about a mile since they separated. Her character is good.
He came to me and asked if I knew of an abortion of his wife... I told him I knew nothing of my own knowledge... had heard Mrs. Pointer and Mrs. Marilla West talking about an abortion or false conception. He said he hadn't bedded with her in three years and could prove it by his children at home.
I think there are nine children living with Mrs. Pointer, can't state ages. Youngest about six, three about grown - two girls and a boy. One other boy nearly grown. The others are of different sizes and ages. There are four boys and five girls.
They separated last Fall a year ago, live about 1 1/4 mile apart.
When they lived together George Pointer worked at his brother Thomas Pointer's.
[My] husband is L. T. Thompson.
Never heard of her spending her time in visiting and loitering about the neighborhood, tends to her business.
/s/ Anna Thompson
Elvira Pippin age 22. I heard her [Permelia Pointer] say that Viney went down to wash for him and Fanny went to iron next day. Viney and Fanny are his daughters.
Elvira [her X] Pippin
DEPOSITIONS [Both these may have been taken 1 February 1855 and filmed out of order; follow "Cause Heard" on the reel - mlj]:
William Bartlett age 51. Was one of the men chosen by defendant to divide property. Everyone seemed satisfied. Known Complainant 4 - 5 years, live within 2-3 miles, character & chastity good. [Signature and possibly part of deposition missing - mlj].
Zurildy West age 30. I lived with defendant the first year he moved down where he lives. I am the daughter of plaintiff and defendant. I have been married going on seven years. The last two years I have been there three times. I lived about one year with them and the balance a little over a mile. It has been about six years ago since I lived with them.
[Note: Below deposition begins on page five, but found above two pages apparently filmed out of order following "Cause Heard". Three pages appear to be missing - mlj]:
About five years ago, defendant got sick away from home with cholera and plaintiff went as soon as she heard and waited on him.
Ques: Say if you are the Mrs. West that Mrs. Thompson spoke of in her deposition at Squire Thompsons.
Ans: I am the same.
Ques: You were asked if Complainant did not take defendant's saddle off and prevent him from riding it... state if the saddle belonged to your brother who went to Missouri.
Ans: My brother William clamed [sic] the saddle before he left...
Ans: State if the boots you spoke of in your deposition was not also brought here after your brother William's death, and ware [sic] your mother waring [sic] his boots.
Ans: She says they were.
/s/ Zerilda West
BILL OF COMPLAINT of Pamelia Pointer by next friend L. H. Huddleston of Jackson County, Tennessee. Married John B. Pointer about March 18[blank]... has been chaste, and until he separated himself from her she performed his duties... The past three or four years there has been great neglect and unkindness, harsh... contempt... unbecoming language in front of children... excessive use of spirituous liquors.
About August 1853 he proposed a separation and division of property and he made choice of three men Henry Davis, Esq. L. Thompson and William Bartlett to divide property. Now reside separate houses, different tracts of land.
Oratrix has twelve children now living born of lawful wedlock, 8 under age 21 and a daughter of full age unmarried, which daughter and children elected to live with Oratrix, one about age four, and five of tender years ["of tender years" - under age 14 from other cases - mlj].
Before separation and since, husband in habit of visiting houses of ill fame.
She received from her father's estate [in] 1850 about $500 in cash, $350 of which paid the consideration on the land on which she now lives... legal title in her son Thomas Pointer and $100 of $500 paid for a horse, exchanged for another nag then a mare now in her possession.
Land where she lives purchased from John Barnes, about 221 acres in Jackson County in the long glade, joins Squire L. Thompson and the heirs of Thomas Choat [Choate] deceased.
Her husband owns land where he resides, about 100 acres and a small addition to it from Austin Choat. They live about a mile apart. Her husband threatens to sell the land on which she lives and to settle other property in her possession on his children. Her husband neglected children - taught school himself but never taught them to read or write. Children under 21 living with her are George Washington Pointer, James Pointer, Sarah Emily Pointer, Daniel Gabriel Pointer, Elizabeth Lucinda Pointer, Reuben Winston Pointer and Harriet Ann Pointer.
Asks that John B. Pointer and Thomas Pointer be made defendants, and John B. be enjoined from selling... That the bonds of matrimony be dissolved, she receive custody of children, restored to single life, and title to property where she lives be vested in her and her heirs. 4 February 1854.
Pemelia [her X] Pointer
CAUSE HEARD: Appears to court from answer of Thomas Pointer that lands were purchased with funds of Complainant by Thomas Pointer for Complainant's use. Title be vested out of Thomas Pointer and in Pamelia Pointer. Appears John B. Pointer guilty of adultery, divorce granted, rights of single woman restored...
ANSWER of John B. Pointer. True they were married as stated, children correct as stated. Complainant in her old age became jealous of him... complainant has formed a suspicion he was guilty of adultery. He is a physician away a great deal... her ill language caused him to depart... Admits she received $500 from her father's estate and she is welcome to it. Denies he failed duty to children... taught them all he could, had some at school... 10 November 1854.
/s/ J. B. Pointer
PROSECUTION BOND: Pamelia Pointer to John B. Pointer. Security is J. L. Huddleston [He signed, possibly signed her name as she used an "X" earlier - mlj].
ANSWER of Thomas T. Pointer. He purchased of John Barnes a tract of land. Respondent is willing to convey to Complainant under directions of court. He received $350 from the Administrator of respondent's father [Name not given here] for the purchase. 7 February 1855.
Thomas [his X] Pointer
SETTLEMENT with Fox Chaffin, surviving Administrator of Estate of William Porter, deceased, 1st Monday in January 1858.
BOND: Rutha Porter and Solicitor John P. Murray to William M. Porter, Fox Chaffin, John C. Porter, Abner L. Porter, Newton Chaffin, Martha Chaffin, Letha Porter, Logan J. Porter, Manda E. Porter, William Dennis and Sarah Dennis, $250 this 6 June 1855.
INVENTORY & SALE OF PROPERTY 18 December 1852.
Most items sold were tools, livestock, household goods. Purchasers were Keith Porter, George Putty [trumpet $.05], B. J. Chaffin [one lot of books, $1.15], James Billingsley, Dennis Miles, Joseph Birdwell, J. C. Porter, John Birdwell, Wm Billingsley, A. M. Denson, C. C. Price, R. C. Dill, Wm Pippin, Wm W. Davis, Tobias Gipson, Absolem Porter, John Hany, Total $159.50.
DEED: I William Porter to John C. Porter for the sum of $500... Land in Dist 11, Jackson Co., Tennessee,
being tract at head of Gutter hollow... north boundary line of survey entered by Abner Chaffin... 322 acres... tract including house where William Porter now lives being 125 acres
tract including William Porters Shugar Camp Deadning 25 acres
tract... ridge near a bluff of Rock at the north boundary line of Benjamin Foxes 150 acres t thence west... east boundary line of Abner Chaffin's 100 acre tract... in all sixt [sic] acres
tract... west boundary of 50 acre survey entered by Joseph Chaffin... north boundary survey entered by Abner Chaffin... north boundary line of William Craig's survey at preasant [sic] B. A. Fox seniors land near his fence... top of the dividing ridge between Flynns creek and Cub hollow... southwest corner of a 50 acre tract be [sic] same more or less deeded by the same William Porter to Benjamin F. Chaffin... 112 acres. 1 September 1852.
/s/ William Porter
Wit: /s/ Benj F. Chaffin, Fox [his X] Chaffin
Registered Chancery office 5 October 1852.
PROSECUTION BOND of William M. Porter and Fox Chaffin, Administrators of William Porter deceased and John P. Murray our Solicitor to Leroy B. Settle, William Davidson and Peter G. Cox, John C. Porter, Abner L. Porter, Newton Chaffin, Letha Porter, Logan F. Porter, Manda E. Porter. 10 Februry 1855.
/s/ John P. Murray
DEPOSITIONS 12 May 1856, all stated they knew land, not susceptible to partition.
Benjamin F. Chaffin age 43. [Signed]
John Fox age 28 [Signed]
Joseph Chaffin age 64. [his X mark]
AMENDED BILL OF COMPLAINT of Fox Chaffin and William M. Porter, Administrators of William Porter, deceased against Leroy B. Settle of Wilson Co. and Wm Davidson, Peter G. Cox, John C. Porter, Abner L. Porter, Newton Chaffin, Letha Porter, Logan J. Porter, Manda E. Porter all of Jackson County. Complainants filed original bill praying for sale of property for distribution of proceeds and to set aside a contract with Settle for a tract of land. The intestate contracted together with Jefferson Chaffin, land in Dist. 11 on Flynns Creek, intestate signed two notes to Settle, each $213.50... recovered judgment before Peter G. Cox, J. P.
BILL OF COMPLAINT of Fox Chaffin and William M. Porter, Administrators of William Porter, deceased against Leroy B. Settle of Wilson County, John C. Porter, Abner L. Porter of Jackson County, Newton Chaffin son of Fox Chaffin by his wife Martha who was the daughter of the deceased, Letha Porter, Logan J. Porter, Manda B. Porter, the minor children of the deceased all of Jackson County, William Dennis and wife Sarah Dennis of the State of Illinois.
William Porter departed life in Jackson County about two years since. Complainants appointed administrators... many outstanding debts, personal effects insufficient to pay... necessary to sell land on Flynns Creek of 172 acres, remainder to heirs, one being Complainant William M. Porter. Complainant Fox Chaffin married Martha the daughter of deceased who is now dead leaving Newton Chaffin her only issue living at this time.
John C. Porter has some sort of fraudulent and invalid claim.
Deceased prior to his death purchased of Leroy B. Settle, signed notes and Settle made title bond, has no title to a portion.
ANSWER of Leroy B. Settle... Abner Chaffin being indebted to him, he purchased from said Abner a tract of land in Jackson County and on the 13 February 1837 said Abner by deed that date conveyed land to respondent and respondent wishing only to make his debt safe at the instance of William Porter who was married to a daughter of Abner, respondent sold land to said Porter. On the date of deed, 13 February 1837 William Porter with Jefferson Chaffin as security, executed notes of $121.50, one due 12 months and the other due two years bearing interest from 1 January 1837. Jefferson Chaffin was a son of Abner Chaffin.
Sam E. Stone as attorney in fact for Leroy B. Settle executed bond for title dated 5 April 1843. Said Abner lived in the neighborhood and was well acquainted with the land. William Porter took possession, cultivated it. If any part was lost, was due to Porters neglect.
Respondent removed from Jackson County in 1837 and since that time resided in Lebanon about 45 miles from Gainesboro and his business in Jackson County has been transacted by Sam E. Stone his attorney in fact who is now dead.
So far as respondent knows William Porter cultivated said land til his death.
Respondent understands William M. Porter, one of the administrators for William Porter talked to Joel W. Settle about a compromise... and one Joseph Chaffin rented the land for a year. Respondent hasn't taken the land back. No defect in title at sale and if there is now, was William Porter's fault. 4 July 1855.
BILL OF COMPLAINT of Rutha Porter widow of William Porter deceased of Jackson County against William M. Porter and Fox Chaffin, administrators of William Porter, John C. Porter, Abner L. Porter, Newton Chaffin son of Fox Chaffin by his wife Martha who was the daughter of deceased, Letha Porter, Logan J. Porter, Monda E. Porter minor heirs of deceased except the first two who are 21 years of age all of Jackson County and William Dennis and Sarah his wife of the State of Illinois.
Orator states her husband William Porter departed life intestate nearly three years ago in Jackson County owning land in Dist. 11, Flynns Creek. She never had dower assigned.
DEPOSITIONS June 7, 1916:
Jno W. Fox age 43, live Jackson County, am a farmer. Sarah Poston made a will. I was executor, probated in Jackson County. Special bequest to John Poston of $115.55 was paid from personal property on hand, receipt for same. Brothers and sisters of Sarah Poston who inherit under will:
Margaret Waddle, Don Poston, Nannie Anderson, John Poston, heirs of deceased Julie Elkins who is wife of Brack Elkins and Belle Ellis, Mary Hamlet.
Do not know who the heirs of Julia Elkins are.
Special bequest to John Poston was $80, but $35.55 is what was due him of personal estate.
Deed of Amarilla Poston to Sarah Poston covers land involved in suit.
/s/ John W. Fox
Andrew Poston age 25, live 1st District, farmer. My brother and myself own three shares; those of Mary Hamlet, Margaret Waddle and John Poston.
Ques: I see in the deed of conveyance from Joe Hamlet and wife and Waddle and wife to you and your brother John conveys 1/9 interest in land. Please explain how that come about when there are only seven heirs in the will.
Ans: We understood... nine heirs that Uncle Bill Poston's and Brack Elkins cripple girl would take equal shares with other heirs and this would have made the nine but they were cut out by the will.
Ques: Is the wife of J. B. Elkins, Julia Elkins living or dead.
Ans: Dead. She was a sister of Sarah Poston. She left seven surviving her: Bill Elkins, Ann Boman married Norman Boman, Louis Elkins, Pole Elkins, Nora Elkins, Belle Elkins, Lizzie Elkins. A child of Julia Elkins, Carrie married Dave Hensley. Believe she left three children, don't know names.
/s/ Andrew Poston
D. B. Poston, am a party to the suit. Sarah Poston left seven brothers and sisters surviving her: Marg married Tom Waddle, Mary married Joe Hamlet, Nan married Matt Anderson, Belle married Jim Ellis.
Sarah never married.
A deceased sister Julia Elkins left seven children: Bill Elkins, Lizzie Elkins, Ann Elkins married Norman Boman, Pole Elkins, Louis Elkins, Belle Elkins, Nora Elkins. A child named Carrie died, left three children.
/s/ D. B. Poston
J. B. Elkins [No age]. I married Julia, sister of Sarah Poston. One of her daughters married Dave Hensley. She is dead, left children Joel Hensley, Herman Hensley and Julia Francis Hensley.
/s/ J. B. Elkins
DEED: In consideration for the natural love and affection I have for my daughter Sarah Poston, I Amarilla Poston transfer... interest in following... land, reserving to myself for and during the balance of my natural life rents and profits... 1st District, Jackson County, bounded north and east by lands of C. E. Reeves and S B. Fowler... where C. E. Reeves now lives and formerly occupied by Jesse Z. Beck, west by land of Washburn & Cason, south by land of Julia Poston, being same on which I now live and purchased by me at a sale of William Poston deceased, to hold to Sarah Poston her heirs and assigns subject to life estate to myself. 2 February 1897.
Amarilla [her X] Poston
Wits: F. P. Fox, D. B. Poston
DEED to W. Poston and J. F. Poston for $65, undivided 1/9 interest in land... Sarah Poston place... bounded west by Will Washburn, south by John S. Quarles, D. B. Poston and William Smith, east by D. B. Poston... 33 acres. April 8, 1915
/s/ J. B. Waddle, M. M. Waddle
DEED same as above except dated 26 March 1915.
/s/ Joseph B. Hamlet, Mary [her X] Hamlet
DEED from John Poston to W. Poston, same as above except registered 10 August 1916 [Registration certificate covered signatures - mlj].
LAST WILL & TESTAMENT of SARAH POSTON
I, Sarah Poston... debts paid, tombstone...
John Poston to receive... extra $5.00 from personal estate... after real estate sold to have another $75.00.
Remainder divided between all my brothers and sisters except William T. Poston who has a good living and a small family, not because I don't love him equally, but who isn't needy...
Except the children of my sister Julia Elkins who was the wife of Brad Elkins who shall together inherit that would have gone to their mother. 27 June 1914.
Filed January 13, 1916.
BILL OF COMPLAINT of D. B. Poston, John Poston Jr. and Andrew Poston against
Bell Ellis and husband Jim Ellis; Ann Bowman and husband Norman Bowman;
Lizzie Elkins, Pole Elkins, Belle Elkins, Lewis Elkins, Nora Elkins, Joel Hensley, Julia Hensley, Herman Hensley, all of Jackson County and
Nannie Anderson who married Matt Anderson of Sumner County, Tennessee and
Bill Elkins of Robertson County, Tennessee.
Sarah Poston died intestate without issue March 1915, left surviving D. B. Poston, W. T. Poston, Margaret Waddle, Mary Hamlet and John Poston Sr., Belle Ellis and Nannie Anderson her brothers and sisters who are living.
A sister Julia married J. B. Elkins. Julia is dead, left surviving her Bill Elkins, Ann Bowman, Lizzie Elkins, Pole Elkins and minors Belle Elkins, Lewis Elkins, and Nora Elkins and Carrie Elkins who married Dave Hensley. Carrie is dead, left Jowl [sic; Joel] Hensley, Julia Hensley, Herman Hensley.
BILL OF COMPLAINT of Helen Poston against Andrew Pryor. Complainant is owner of land Dist 5, Jackson County, 75 acres... begin... once Ben Smith's southwest corner now S. L. Johnson's corner... north to William T. Harris... prong of Sugar Creek... Maxwell Spring branch. Land formerly belonged to W. R. Poston now deceased, and 25 acres of above was sold during his lifetime. Only seeks to recover that part owned by W. R. Poston at his death.
Land was purchased by W R. Poston, husband of complainant from H. A. Flynn and E. O. Flynn, L. C. Meadows and wife Birdie Meadows, J. E. Brown, J. A. Brown and W. B. Brown and Martha Casteel... deed September 11, 1905.
W. R. Poston since died, decree Chancery Court, Putnam Co., TN, cause of R. P. Morgan and others against Helen Poston and others, title was decreed to Complainant since rendition 22 June 1912.
Defendant entered on land during the lifetime of W. R. Poston as a tenant, remained since claiming to own as payroll [parol; oral - mlj] purchase.
Defendant is insolvent, nothing could be made..., asks land be put in hands of a receiver and rented out during litigation.
ANSWER of Andrew Pryor 6 June 1913. [Relates legal wrangle in Putnam County, bills and cross-bills, no relationships].... Helen Poston and her children... [denies all else].
Respondent denies he entered as a tenant but entered as owner September 1903. W. R. and Helen Poston conveyed to A. L. Neely some three or four years before death of W. R. Poston land adjoining respondents tract and said W. R. and Helen Poston called it in deed "land of Andy Pryor". 2 September 1913.
/s/ P. A. Prior
NOTICE TO SHERIFF to attach personal property of Andrew Poston. 20 April Martha Poston filed for divorced against A. J. Poston. 1 May 1894.
BILL OF COMPLAINT of Martha Poston against Andrew Jackson Poston. Married in Overton County, Tennessee 1880, together until Friday April 27, 1894. Two children, James ?Lewie a boy age 13 and Mary Jane a daughter age 9. Asks custody of children.
Asks personal property be attached [filmed]. Owns land in Overton and Jackson County, divided by county line, 100 acres more or less, Dist. 6 Jackson Co. and Hilham District Overton Co., joining land of heirs of John Maxwell deceased on the east, south by Thomas Lee and John Maxwell heirs, west by John Maxwell heirs... Same land where they live and have lived several years.
Defendant cruelly whipped with no cause. Defendant lazy, indolent, fails to support... wasting their little property by buying and giving to Evelenn Givens silk handkerchiefs, snuff and tobacco &c ____ Rings &c. 30 April 1894.
Martha [her X] Poston
ANSWER of Andrew Poston. True they married, have two children as stated... he is proper person to have custody.
She is not kind and affectionate, denies cruel treatment, denies giving Evaline Givens...
True he is poor but industrious.
He and his little boy had been out making fence rails, came in at noon, no dinner... he got stove wood and lit the stove to prepare dinner, she scratched, he struck... [they fought - mlj].
Charges complainant is guilty of adultery with Noah Pigg 26 April 1894 at Joseph Pigg's house in Overton County; also Matt Pigg divers times... asks this be made a cross bill. 16 July 1894.
Andrew J. [his X mark] Poston
ANSWER of Martha Poston. Denies she has been guilty of adultery 8 August 1894 with Noah Pigg, denies guilty of adultery with Matt Pigg. He was guilty of adultery with Margaret Owens, Fanny Smith, Sis Walker and Bell Boles in Clay and Overton Co.
She has been a citizen of Tennessee more than 35 years next before filing bill. Unable to pay costs of this bill. 8 August 1894.
ANSWER of A. J. Poston to amended bill filed 8 August 1894. Untrue she has no money to pay lawyers, take depositions, no separated estate. When they separated they divided everything, each taking half in value. They owned adjacent 50 acre tracts and she got all the furniture except a bed and bedstead.
NOTICE TO SHERIFF to attach personal property of Daniel Poston [livestock and furniture listed]... Theola Poston this day filed bill for divorce. He to appear in court 4th Monday in September 1880. Dated 2nd Monday in March, 1880.
SECURITY: Daniel Poston, $250 bond to Theola J. Poston to release personal property except bed and clothing for same and one trunk [released livestock - mlj].
/s/ Daniel Poston
Security: William Poston, J. E. Williams, _. B. Waddle
BILL OF COMPLAINT of Theola J. Poston against Daniel Poston, both of Jackson County. Married Jackson County February 1879.
Infant girl child not nine months old, not yet named.
Last several months he was cruel and inhuman, habitually leaves alone her all day and greater portion of the night with their infant child... drinking to excess... neglected, refused to provide.
Last Saturday she left to go to her father's to visit family, he told her not to come back... is told he spends his time at lewd houses. [Lists personal property - mlj]. 20 September 1880.
DECREE: Petition dismissed as to defendant James A. Williams. Parties agree to submit for adjudication. [This based on later bill of complaint - mlj].
DECREE: Judgment pro confesso against Daniel Poston who abandoned Theola J. Poston. She to have care and custody of two children. 11 May 1882.
BILL OF COMPLAINT of Theola J. Poston against Daniel Poston of parts unknown, Oliver Carlisle and wife Emily Carlisle, John H. Stafford, H. H. Cason and J. A. Williams of Jackson County.
Married Jackson County 9 February 1879, always resided in said county. Defendant Poston willfully and maliciously abandoned her... failed to provide for herself and infant child, supported by kindness of her father.
She is informed he left this country last Thursday November 3 announcing he expected to leave the state and never return.
Some time back her father B. W. Smith gave her a cow defendant traded for another. Cow and calf later born was her property... defendant fraudulently sold to James A. Williams.
Defendant Poston pretended to convey to his sister Emily Carlisle wife of defendant Oliver Carlisle all their household goods.
Defendant John H. Stafford and H. H. Cason as Security owes defendant Poston a note... asks that it be attached.
She is the mother of a girl child about two years old and is now pregnant by defendant Daniel Poston. November 8, 1881.
ANSWER of James A. Williams. Knows nothing of Complainant Theola Poston's marriage, separation, her father B. W. Smith having given her a cow.
Co-defendant purchased the cow Respondent bought from Respondent's mother [in] law Mrs. Alvira Kirkpatrick and paid for her by hauling saw logs. Respondent did purchase said cow from defendant Daniel Poston and paid a full, fair and adequate price for her.
BILL OF COMPLAINT of Vina Poston against William Poston. Married 18 April, 1880, together until about three years ago, defendant became pettish and abused... came home drunk and accused her of criminal intimacy with one John Rush, a work hand he had employed... absolutely false. Defendant is now an habitual drunkard. Lists personal property [livestock]... and a patch of tobacco part of which is cut and hanging in the shed of the barn where Miss Julia Poston now lives, balance on lands of Miss Poston, crop of corn growing 1st District at Miss Julia Poston's, field of corn near Dan Poston's house... will owe 1/3 of crops as rent. 23 September 1892.
BOND: William Poston produced Last Will & Testament of Julia Poston for probate and thereupon came J. B. Elkins, J. L. Hall, D. B. Poston, John Poston and A. J. Pharis nephews and heirs at law and contests the validity. Bond $500 to William Poston.
BOND of William T. Poston to nephews and heirs named above, $500.
SETTLEMENT 23 May 1902, D. B. Poston, Administrator of estate of Julia Poston. Inventory in Wills Inventory & Administrators Settlement Book D, page 40.
BILL OF COMPLAINT of W. T. Poston. Julia A. Poston died in Jackson County 9 August 1900, left will. J. B. Ellis on September 3, 1900 procured order appointing himself administrator. J. B. Elkins is not next of kin, but petitioner is. Asks the order be set aside. 4 September 1900. /s/ W. T. Poston
LAST WILL & TESTAMENT of JULIA A. POSTON
I, Julia A. Poston... sound mind and disposing memory...
1st ... debts paid. Executor authorized to sell all my personal property dividing the remainder between my brother Andrew Poston and the heirs of my deceased brother James Poston and heirs of deceased sister Sarah Pharis share and share alike.
2nd In consideration... William T. Poston has lived with me a number of years and taken care of me... wait on me... pay my medical bills I do give to my said nephew William T. Poston the land on which I now live in the 1st District of Jackson County and a part of the land decreed to me by Chancery Court at Gainesboro, case of James Pharis vs Julia Poston... south side Postons Branch... low gap... Clay Reeves corner... J. H. Stafford line... top of the ridge... J. S. Quarles line.
This bequest is made in consideration of the natural love and affection...
3rd To my brother Andrew the rest and residue of said tract lying southwest of the above described being the same now occupied by Daniel Poston adjacent J. W. Stafford, the Settle lands and others... about 20 acres... love and affection.
4th ...Retain the right to control and manage all property herein and any other property I may acquire... during my natural life. 28 November 1894.
Julia A. [her X] Poston
Wits: W. W. Draper, Peter G. Cox
DEPOSITIONS [October 13, 1903; adjourned to "Tomorrow October 14, 1903"]
A. F. VanHooser age 54. Know land owned by W. S. Poteet in Procter hollow, Jennings Creek where Sam Poteet now lives. No public road to or through...
Land just below land of W. S. Poteet before defendant Birdwell got it was owned by Johnnie Procter, then his widow and then his son. There was a pass-way down the road through the Procter lands.
Ques: How close to this road or pass way did John Procter and his wife after his death and his son John Procter live?
Ans: A short distance away, say 30 feet from the road. There's a public road from Poteet's place around the ridge leading over to the mouth of Locks branch.
Believe Poteet got his land from Mr. John Burris. This road passes over the Ryan place. Believe Poteet and Ryans [land] was all together at one time and belonged to James and Thomas Anderson who sold to John M. Burris.
/s/ A. F. VanHooser
John Proctor age 57. John Proctor was my father and Mary Proctor my mother. They lived on what is know as Proctor hollow on Jennings Creek... moved there when I was about 15. She always called that her home but she died at my house about four years ago. My father died soon after the war. I was living on that place when my mother died. There was a road through nearly 40 years until Mr. George W. Birdwell notified me and others not to pass through. I worked the road, and Scott and Sam Poteet. My boys helped me.
Mother remained single after father's death.
I bought the shares from the other heirs and owned it myself. I sold it about a year ago to G. W. Birdwell.
Birdwell owned the land below the Proctor farm 20 years or more. Way back when I was small it belonged to old Aunt Polly Cornwell [Note: In this context there may not have been familial relationship - mlj]. The first to live on it was an old lady... Fannie and [looks like could be "Garrison"] Gorden lived in a little cabin 70 yards from where Poteet lives. After that, think old uncle Billy Dennis [Another possible "old uncle" not related - mlj]... others were Sam Collins, Dug [sic] Watson.
Ques: Was not Fanny Gorden a notorious prostitute, kept a bawdy house...
Ans: Was said to be lewd character... There was paths leading to the house from different directions... the house was tore down while she lived there and she moved under a bluff.
Think the land along the path between Poteet's land and the public road, a portion is owned by Joe Hix, a portion by Bill Spiva and a portion by Mrs. Ellen Draper.
My mother was Johnnie Hancock's daughter. She inherited a part of the Procter place and paid for a portion [that I sold to Birdwell]. It all belonged to John Hancock.
After father died mother bought the place and had the deed made to us children - Nancy Ray, John Proctor, Isable Proctor, Mary Elizabeth Proctor. I think Nancy was married at that time. She has been dead about four years now. Her husband was George Ray.
The children who have lived on Complainants farm go to school at Whites Chapel.
/s/ John H. Proctor
J. M. Burris [No age]. I know the land. I owned it, sold it to Scott Poteet, delivered to W. S. Poteet. I owned it 10-12 years before I sold to W. S. Poteet.
/s/ J. M. Burris
ADJOURNED to October 14, 1903:
Wm Hancock age 42. Know parties to suit and land. Mostly raised on the Proctor place, was taken there when I was three, lived there until I was eighteen and I have lived there since.
Lived on the Poteet place four or five years... has been 14 or 15 years since I left.
Eddie Poteet lives on Ellen Draper land.
William [his X] Hancock
DEPOSITIONS 11 Jun3 1904.
W. A. Crawford, am age 55, live Cookeville. Known Alex Keith and John Proctor land on Jennings creek all my life nearly. Lived on the Keith land. Dodson farm is between Procter land and Jennings creek. Originally they were the Hancock place.
/s/ W. A. Crawford
T. D. Ford age 41, live Cookeville. I am a son in law of G. W. Birdwell. Know the land, lived near from Spring 1888 to Spring 1891.
Old Capt Bill Gore made the survey. John Proctor was with us. Think John E. Lee assisted me in carrying the chain.
I lived below the Proctor place.
/s/ T. D. Ford
John H. Proctor. Have given my deposition before. I have examined Grants No. 7011 and 7005 that cover the Proctor land.
Examined deed R. A. Cox, C & M to Nancy Ray and others. This deed was made to Nancy Ray formerly Nancy Proctor and her husband George Ray, John H. Proctor, Mary Elizabeth Proctor and Isabel Proctor.
/s/ J. H. Proctor
[Written below his deposition]: I agree that Mary Proctor, George Mosely and his wife Lena B. Mosely and the children and heirs of Nancy Ray deceased conveyed their interest in the Proctor land by deed to John Proctor and that defendant may read said deed... Register's Book. June 18, 1904. /s/ Draper, Sol.
COPY OF DECREE: Complainants are entitled to right of way, case of Mary Proctor vs George Birdwell 1876.
DEPOSITIONS [No date]:
J. H. Crawford age 52. Live on mouth of Wartrace Creek, Jackson County. Lived on the Keith place 27 years ago for about six years.
/s/ J. H. Crawford
W. S. Poteet [No age]. I bought the place in 1888 from Mr. John M. Burris. Me and my tenants used the road.
/s/ W. S. Poteet
J. D. Watson. Don't know my age exactly, but I am about 65. I live near North Springs in Jackson County. It is my understanding Scott Poteet owns the land where Sam Poteet lives. I lived on it 15 years ago, made one crop. Believe Billy Hancock lived there just before me.
J. D. [his X mark] Watson
Henderson Proctor age 28. Live on Jennings Creek, Jackson County. Knew Polly Proctor in her lifetime. She was my Grandma. I am John Proctor's son, know lands, lived there.
J. H. [his X] Proctor
END OF REEL #105.
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