No.97)     Inj. Bill  Filed 22 June 1838 Polly Patterson, by her next friend, David Kelso vs Samuel Patterson


No. 98)    Inj. Bill   Filed 25 June 1836 Lewis Ross vs  Hiram K. Turk


No.99) Inj. Bill  Filed 25 June 1838 R.J. Meigs vs H.K. Turk


No.100)  Inj. Bill Filed 2 July 1838 Samuel Sample vs Joel Kelly


No.101)  Inj. Bill  Filed 31 July 1838 Silas Perry vs Abel Pearson and Thos. A. Anderson


No.102)  O. Bill  Filed 25 Aug. 1838 Will Griffin vs Jackson Smith


No.103)  Inj. Bill  Filed 3 Sept. 1838 William Ainsworth vs John Davis


No.104) Inj. Bill  Filed 10 Sept. 1838 James Maddy vs William W. Ross


No.105)    Inj.  Bill  Filed Sept 1838 John Key, admr. of Alfred Pogue, dec'd vs George C. Harris and others, creditors of said Pogue


No.106)  Inj.  Bill  Filed 20 Sept 1838  Daniel D. Stockton vs Ezekiel Hughs, John Rowden & Elijah Rowden, David Moore,Sec.


No.107)    Inj.  Bill  Filed 29 Sept.1838  Elizabeth Hill vs James Hill & J.K. Brown,   Thos. B. Mayfield & Jos. R. Rud, Secs.


No.108)    O. and Inj. Bill  Filed 1 Oct. 1838 Charles Campbell vs Thomas H. Callaway, P.J.G. Lea & Lucinda Lea A.H. Henley, Sec.

1838 in Petersburg, Va., witness Stanley Beckworth, a practicing physician, has lived in Petersburg 17 mos and has known Campbell the complainant 12 to 15 mos. and thinks there is not an unsoundness of mind and that Campbell is capable of caring for his infant son Callaway Campbell.  Witness Hugh Nelson 43 is a miller, has resided in Petersburg 18 yrs. and has known Campbell that time and there is no imbecility and Campbell is the proper person to be Gdn. David May, Lawyer , has been friends with Campbell and his parents and they would care for child.  Dr. Thos. Robinson of Petersburg has seen Campbell frequently since death of his wife and since he returned to Va.  Lucinda is wife of P.J. Lea.  Copy of Co. Ct. appointment. 1837, of Thomas H. Callaway as Gdn. of Callaway Campbell, infant son of Chas. Campbell.  Charles Campbell, of Petersburg Va. married Nancy Elvira, daughter of Joseph Callaway dec'd., late of Monroe Co. with the consent of Thos. Callaway, her brother and of Lucinda Callaway, her sister, who at that time were residing with Elvira and also the consent of John McGhee her Guardian.  Elvira and Charles had a son born 19 July 1837.  On that day she was seized with convulstions and died in Aug.  Charles told Thos. Callaway that he wanted to settle the property he had acquired from his wife on his son and name Callaway and others as trustee for the trust.  Callaway said he preferred to serve as lone trustee and had the papers drawn up. Nothing was ever mentioned of a guardianship of the son being involved.  Before Charles signed the trust deed he noticed that the word trustee had been changed to guardian.  He consulted with Arthur Henly & John O. Cannon who had drawn up the deed and they told him the deed would carry with it only a trust power for the property involved.  Charles went back to Va. and left the son with his wife's sister who requested this as a favor to her until he reclaimed him.  Now Callaway and his sister, who had married Pleasant Lea refused to surrender the child to his father.  Callaway had himself appointed guardian of the child in Monore Co. claiming that the trust deed Campbell signed appointed him as Guardian and that he intended to keep the child entirely from the possession of his father.


No.109)      In. Bill  Filed 10 Nov. 1838 Robert S. Brashars vs Thomas J. Mason  Jos. M. Donohoo, Sec. Born of Bradley Co.  About 1833 both established a tavern in Dahlonega Ga.  Mason sold his interest and went into Military Service of State of Ga.  Brashers in Roane Co. before he went to Ga.


No.110)    In.  Bill  Filed 8 Dec. 1838 Thomas Henderson  vs  Will C. Roadman & George D. Edgar  A.L. Henderson, Sec.


No.111)   In. Bill   Filed 12 Dec 1838 A.W. Elder  vs Gilman Peck  Wm. Williams, Sec.


No.112)       In. Bill  Filed 14 Dec. 1838 Will M. Biggs vs Luke Lea, David Knox, James Sloane, & John N. Taylor

Saml. Bicknell, Sec.


No.113)      Inj.  Bill  Filed 25 Dec. 1838 Riley Horn vs John Copeland.  Copeland died pending suit and Silas M. Wan his Adm.


No.114)  In. Bill  Filed 17 Jan 1839 John Mee vs Luke Lea Sam. P. Hall, Sec.


No.115)    Inj. Bill  Filed 21 Jan. 1839 John S. Oneal vs  Luke Lea  John Hughs, Sec.   Oneal of Bradley Co. was assignee of David Cunningham who was occupant enterer.   1839:  witness Nelson Lawson says that at time Ocoee Dist.  Bill was passed 29 Nov 1837 there were living on said Quarter himself, his mother Winey Lawson, Cornelius Pippenger, David Cunningham, & Stephen Lawson, and Stephen is still there.


No.116)  Inj.  Bill  Filed 23 Jan. 1839 Lewis Sheperd vs Luke Lea


No.117)  Inj. Bill  Filed 23 Jan. 1839 John Beene  vs Luke Lea  L. Shepperd, Sec.


No. 118)   Inj. Bill  Filed 23 Ja. 1839 Lewis Mowerey vs Luke Lea   L. Sheperd, Sec.


No. 119)  O. Bill Filed 25 Jan. 1839 John Bayless vs William Bayless  Wm. Henderson, Sec.


No.120)  Inj. Bill  Filed 28 1839 John H. Johnston  vs Luke Lea, P.J.R. Edwards, D.L. Knox, & J. Sloane  Sam. M. Johnston, Sec.

Johnston of Monroe Co. bought entry of Geo. Hildebrand (occupant enterer) in Bradley Co. where his house was but used wrong number.


No.121)  O. Bill  Filed 29 Jan. 1839 Jacob Fisher vs  Alexe. Thompson & Nat. Smith  S. Jarnagin, Sec.  Business suit.  Fisher of McMinn.


No.122)     O. Bill Filed 26 Feb. 1839 Jesse C. Moore vs Silas Wann, Joseph Cookson, David Melton & James Johnston

File too fragile to abstract.  Moore of Bradley Co.  states that Alfred Dixon, John Hess, and Vincent Hulsey, all of Bradley Co., were bona fide occupants of Land.


No.123)    O. Bill   Filed 26 Feb. 1839 Thomas B. Mayfield, William Mayfield, and others vs Nancy Mayfield, Samuel Mayfield and others, the widow and heirs of Pearson Mayfield, decd.


No.124)  O. Bill  Filed 26 Feb. 1839 Joseph Donohoo vs Charles K. Gillespie, Will Forester, Alexander Webb & William Wooden

All of Bradley Co.  Wm. Wooden is brother-in-law of Wm. Forester.  Donohoo and Gillespie both claim what is known as the Savannah Quarter.  1840, witness John C. Kennedy, 44, says Henry Hobbs and his father-in-law Isham Bradley both left the country.  James Donohoo is bro. to Joseph Jefferson Hobbs is son of Henry Hobbs.  1840, Laban Parks, 23, is son of Wm.  1840, Robert Forester ,80, is father of Wm. Forester, 54.


No.125)   O. Bill  Filed 10 March 1839 John Hambright, Gavin R. Hambright & Benj. Hambright vs Malisa Hambright, the widow, & Ann Eliza & John P. Hambright, the minor heirs of Amos Hambright, Decd.  Amos Hambright d. Aug. last in Bradley Co. intestate leaving defendants as heirs, Gavin of Bradley Co. & John of McMinn are Adms.  Amos had lived in Bradley Co. for 2 yrs.


No.126)  Inj. Bill   Filed 19 March 1839 Sarah L. Duggan  vs  W.H.H. Duggan & Benoni Prichard  Wm. H.H. Duggan is grandson of Sarah L.


No.127)  O. and Inj. Bill   Filed 19 March 1839  Margaret Ellis vs Jeremiah M. Ellis   Divorce  Margaret Ellis, now of Blount Co. formerly Margaret Jenkins, m. Jeremiah Ellis  10 Feb 1834 in Carroll Co., Mo.  They moved to Tenn. in Spring of 1835, living a short time in Blount Co.  About 22 Dec. 1837 Jeremiah left State with Milly Treadaway, and rumor says they are in Indiana and have a son.  Margaret & Jeremiah had one child which died a short time before Jeremiah left.   At last Chancery Ct. at Dandridge a decree was rendered in favor of Jeremiah and the Adm. of his dec'd bro. against Aaron Runyon and Henry M. Thomas, Adms. of John W. Porter dec'd.  Margaret petitions for divorce and an injunction against sd. Runyan and Thomas and the Sheriff of Sevier Co. paying the money to Jeremiah, she being penniless.   Petition to Court  of neighbors of the Ellis' in McMinn Co.;  they learned that the parents of Margaret are both dead, they were highly respectable and of considerable property, part of which Jeremiah wasted as she took it from her Gdn. Mr. Cunningham in Ala;  that Margaret was a prudent, upright woman and Jeremiah an adulterer;  signed by 35 persons, including A. Barb, Charles Carter, Wm., John C., and Joseph Smith, Pike Bayless, Elisha Bryant, Wm., Calvin, and Wm. Lee Jr. etc.


No.128) Inj. Bill  Filed 20 March 1839 Joseph Cook  vs  James McCallon  McCallon of Blount Co.


No.129)   O. Bill  Filed 4 April 1839 James W. Dunn vs Wesley McAlister & L. Lea Dunn of Bradley Co. and McAlister of McMinn.  John Hildebrand is father of David Hildebrand.


No.130) O.  Bill  Filed 1 May 1839 A.N. Armstrong vs John Shook & D.L. Knox Ambrose N. Armstrong of McMinn Co. purchased in 1836 from Nicholas B. McNair a native of Cherokee Nation, an improvement on South side of Hiwassee River including a ferry landing.  John Shook of Bradley Co. bought part of it.


No.131)  O. Bill  Filed 21 May 1839 W. Cowan vs Lewis Ross, R.J. Meigs,  L. Lea  "The basis line in the Ocoee District in said County (Bradley)...beginning at the basis line W opposite the main street in Calhoun".  Wm. W. Cowan a resident occupant.Return J. Meigs (letter mailed in Fayetteville, Ark.) answers that for some time before survey of land acquired from Cherokee nation by treaty of 1835, he lived on South bank of Hiwassee and there, in conjunction with Lewis Ross, sold merchandise to the Indians and to white persons who visited there.  1840, witness Wm. Brittain, 50, says Meigs was nephew of Ross by marriage and went West with the Cherokees.  Lewis Ross, a Cherokee and Tennessean, is in Washington D.C.


No.132)   Cross Bill  Filed June 1839 Nancy Mayfield, William Mayfield & others vs Jesse Mayfield, Thos. B. Mayfield & others.


No.133)  O. and Inj. Bill Filed 25 June 1839 John Austin vs Jacob Lingerfelt Austin of Bradley Co. purchased occupant right from Robt. P. Jones, Lingerfelt of Bradley Co. claims that Jones is young man without family and always lived with his father.  1841 in Polk Co., witness Riley Horn, 40, says that James M. Jones filed an affidavit with him that he was not married lawfully.


No.134)   O. and Inj.  Bill  Filed 6 July 1839 John Kennedy vs Erby Boyd, Danl. Anderson, Wm. Anderson, Malinda Anderson & John McNair, Malinda, Wm. (born 25 Nov 1815), John (wife Anna), and Alley are children of Daniel Anderson, David McNair, a white man, had entered land in right of his wife a native Cherokee but not full-blooded- land on Conasauga River (where he then lived) where old Federal Road known as East Tenn Road crosses river.  David McNair died 15 Aug 1837 and his widow Delilah and children Elizabeth wife of John Wear, Mary V. wife of Wm. Rogers, Nicholas M., James V., & Clement V. McNair,  Martha P. wife of David Vann are moving to Cherokee Nation West amd make lease to John Kennedy of Wash. Co., Tenn. in 1838 for 1 yr. but Delilah to retain brick house where David had lived for 4 yrs. before he died.  David's bro. Col. John McNair of Knox Co. & family moved to farm and later to Canys Creek.  Part of farm was first cleared by Indian named Elk more than 30 yrs. ago.  Anderson lived at big Island on Little Tenn River before lines were run for Hiwassee Dist and lived in Ga. in 1836-7.  1840, witnesses Lewis Waters, 53, & L.A. Glass,25, were in Capt. James Morrow's Co. in 1837 stationed on Conesauga River at ford at McNairs place, and then moved to Ft. Morrow about 3 mi. away,  Nancy Hood's husband John Hood also in Co.  Moses A. Ayres 21, was Corp. in Military Co. and worked mostly on roads.  Nancy Randolph moved from Ocoee Dist to Marion or Bledsoe Cos.  Wm. Osborn & wife Mary moved to Conesauga in 1834 before Cherokees sold land and in 1837 moved near McNair's where Wm. died in Fall of 1838.  1840, witness Henry pike, 66, moved to house  that Wm. Wiggins now occupy and then moved to Ga.  James W. Wilson deposes in Cherokee Co. Ala.  Wm. Hammond & Col. James Edmondon depose in Murray Co., Ga.


No.135)       William Hale vs  Wm. & W.A. Upton & S.P. Hall (or Hale?) Hall of Ark.  Others of Monroe Co.  They all entered into partnership to furnish corn to U.S. troops in Cherokee Country in 1837, to New Echota, Ga.  1841, witness Edward Casteel, 32, drove the wagon and says that Wm. Hale was the receiving agent for the Govt. at New Echota.  Caldwell & Hall deny that Hale was a partner.  Wm. A. Upton says he and Wm. Hale were interested in the two teams that hauled the corn.


No.136)  O. Bill  Filed 20 July 1839 Gregory F. Hawkins vs A.D. Gentry & James White, John Daniel and Robert Daniel


No.137)  O. & I.  Bill  Filed 27 Jult 1839 Anthony Davis vs Jeremiah Hambrick


No.138)     Robt. McEwen vs Henry Matlock, Elizabeth McPherson & others Robt. H. of Davidson Co. and Eliz. McEwen of Roane Co.  Barton McPherson died intestate leaving heirs;  widow Elizabeth of McMinn Co., Alexander McPherson of Ark., John McPherson of Mo., Mary wife of Thomas Johnston, Sarah wife of Wesley Whitten, Elisa wife of Henderson Small, Ann McPherson, all of McMinn Co., and Richard McPherson who has since died leaving as children Rufus, Sarah Eliza, Elizabeth, and Isabella McPherson all of Mo.


No.139)     Inj. Bill Filed 3 Sept 1839 Will Upton vs Th. J. Caldwell & S.P. Hall & Th. L. Hoil (Hoyl)  Suit concerns sale of corn as in #135.  1841 in Washington, D.C., witness Capt. A.R. Hetzell, 37, says he made the contract in Athens Jan 1837 with Caldwell & Upton, with Hall as their Sec.  Final settlement for corn was made at Ft. Cass now Charleston.  Wm. Upton is uncle of Wm. A. Upton.


No.140)    O. & Inj. Bill  Filed 16 Sept. 1839 Jesse C. Moore vs Luke Lea, Entry Taker of the Ocoee District   Pleasant T. Cunningham died in Fall of 1833 or 1834.  Sarah is now about 9 or 10.  Pleasant T. is now about 5 or 6.  All including the Gdn. or about to remove to Iowa Territory.  Land is in McMinn Co.


No.140a?)         Not in Rule Docket    Filed 17 Sep 1839

Ex Parte Petition to sell land  Evelina Cunningham widow, and Sarah and Pleasant T. Cunningham, minor children of Pleasant T. Cunningham dec'd.  by their Gdn. Marshall Cunningham.


No.141)     Inj.  Bill  Filed 18 Sept. 1839 John Hooper vs  James M. Greenway & Valentine A. Harris


No.142)    O. Bill  Filed 19 Spet. 1839 Thomas Green vs Jane Hannah, widow & Mary Elizabeth, Margaret, Susan, William

James, Robert, & Columbus Hannah, Children of Joseph M. Hannah, decd. Elisha Green, Walter Carouth & Luke Lea.


No.143)  O. Bill Filed 20 Sept. 1839 John L. McCarty vs Nelson B. Grubb & Joseph Rodgers


No.144)  S.H. Prowell vs L.Lea, E. Taker, Ocoee

Prowell of Bradley Co. was in actual possession and residing on land 29 Nov 1837 when law went into effect.


No.145)    O. & I. Bill   Filed 15 Oct. 1839 Samuel Parks vs Larken Taylor & Will Bryson


No.146)  O. & In. Bill  Filed 15 Oct. 1839 Samuel Parks vs Luke Lea, Francis Lea, Jesse F. Jones, Jesse F. Cleveland, & P.J.R. Edwards   Suit over land.


No.147)     Inj.  Bill  Filed 30 Oct. 1839 The Pidgeon, a Cherokee vs Gideon Morgan & J.S. Hanks

Edmond Fowling,Sec.


No.148)     Inj.  Bill  Filed 6 or 8 Nov. 1839 John Blair, Admr. of Joseph Skates vs John Stanfild & others Dr. Joseph Skates of Monroe Co. died 28 Oct. 1838 intestate.  Widow Elizabeth and children are Joseph Calvin, George W., John W., and Isabella Jane Scates and widow is their Gdn.

Elizabeth the widow is daughter of Jams Blair dec'd whose Will was proven in Roane Co. 5 NOv. 1826.  Dr. Skates office was in Philadelphia Tenn.   File contains long Inventory of Dr. Skates dec'd.


No.149)    Inj. Bill   Filed 20 Nov. 1839 James Maddy vs James Pelter, S. Jarnagin &, J.F. Bradford  John C. Alford, Sec.


No.150)    Inj. Bill  Filed 4 Dec. 1839 O.G. Murrell & Hilton Humphrey vs George Bush  Business suit.


No.151)    Inj. Bill  Filed 21 Dec. 1839 Andrew Taylor vs  John Mee & E. Delozier  W.H. White, Sec. Taylor & Mee of Bradley Co. Delozier of N.C. but formerly of Bradley Co.  Suit concerns sale of a mare.


No.152)  File contains copy of Will of Mason Huson of Lincoln Co. N.C.  Mason Huson died 1817. Heirs;  wife, Mary who later married John Friddle & moved to Monroe Co., daughter, Elizabeth now Elizaberth McKinzie (she has another slave willed to her by her grandfather Thos. Huson).  son, Thomas a minor in 1817, who moved to Mo. and died leaving 3 children, Aneline, Mason, and Perella, all minors. Daughter, Zerephiah, a minor in 1817, now dec'd wife of Andrew Allen, leaving a son John, a minor of Monroe Co.. Son, Mason Ridley Huson, a minor in 1817, and evidently dec'd without heirs.  Son, Wm. M. now 21 and of Monroe Co., being the son named in Will as unborn child.  Execs of Will; trusty friend & neighbor Wm. Youngblood and wife Mary.


No.152B)   Inj. Bill  Filed 3 March 1840 Solomon Stow and wife  vs  John B. Huson, John Friddle, and his wife Mary, Andrew Allen, John Allen, Daniel Heiskell and Angeline Mason, and Perilla Huson; heirs of Thos. Huson, decd.


No.153)   Inj.  Bill  Filed 16 March 1840 Richard Swafford and Alfred Swafford vs  James B. Senter, Preston Senter & William Bates  File contains copy of Deed filed in Bradley Co., 1839

James L. Senter, who died suddenly in 1839, bought shares in land of Andrew Bigham dec'd from heirs Andrew Bigham (Bingham). Levica (daughter), Matilda (daughter) now Pennington age 50 in 1841. Polly Bigham (daughter), Lyle (son) or this may be son Eli, and from James A. Griffin and wife Elizabeth who are heirs of dec'd daughter ______ wife of Vinson Wood.  A daughter _________Bigham living in Meckleberg Co., N.C. would not sell her share, never having seen the land.  Another heir is Cynthia formerly Bigham wife of Jonathan Vinson.  Senter sold to Swaffords who were to buy shares of Josiah Bigham and rest of Wood heirs.  Deeds, not registered, found in Senters's papers, wee made to Senter's only sons, infants Preston, James Bradford, & Calvin.  Widow Elizabeth says land bought by sale of slave which her father Peter Harris gave her.  Injunction issued to James B. & Preston in Hamilton Co.  James and Senter was Sec. for his brother Seaborn as Tax Collector but Seaborn had gone away leaving securities.  Name Bigham and Bingham used interchang.


No.154)  William P. Allison vs Calvin H. Senter & William Bates  Richard Swafford, Sec.  Calvin H. Senter of Hamilton Co.  Allison claims that Robt. Shoemaker entered land 8 Oct. 1825 and sold to James L. Senter, but Senter had entry made to an infant son, Calvin H., not over 9 yrs. old.  Grant issued 5 Sept. 1831 but never registered.


No.155)    Inj. Bill  Filed 24 March 1840 James W. Netherland vs Nathaniel Smith & Stephen Smith  Wm. Lowry, Sec.


No.156)   Inj.  Bill  Filed 24 March 1840 James W. Netherland vs James P. Thompson, Admr. of Thos. Hopkins  Netherland in Aug. 1825 lived in Jackson Co., Ala.  He was passing thru McMinnville,  Tenn. on a trading expedition and purchased a cart and oxen from Thos. Hopkins of Warren Co., but if not satisfied he was to leave them with a Mr. Windham on the public road and contract to be void.  He left oxen and cart and Windham returned them to Hopkins, and all would have been without difficulty except that Hopkins died before Netherland could call and get his bond.


No.157)   O. Bill  Filed 25 March 1840  Caswell Torbitt, & Marcena Torbitt, James W. Torbitt & Mahala Torbitt, Teressa Torbitt, & Rachel Torbitt, by next friend C. Kelso a & Jno Torbitt vs R.M. McReynolds, Marvel Duncan & W.A. Upton & Mahala his wife, John O. Cannon, John McGhee & John Hall Suit over slaves.  Complainants' father James Torbett died Monroe Co. intestate in Sept 1829, and their mother died about same time.  Robert McReynolds, Wm. S. Blair, & Marvel Duncan of Blount Co. but now of Walker co., Ga. app. Adms.  Shortly afterwards, Wm. S. Blair died and widow Mahala has since married Wm. Upton.  Witness Elizabeth Scruggs was at wedding of James Torbett & Martha Hall in 1827.  After death of Torbetts, five of children lived with grandfather John Hall.  B of S, 21 Mar 1790 proved in Wash. Co. Tenn., from David Miller of Greene Co., N.C. to daughter Margaret Hall, for slave Henrico and at Margarets death to her youngest son John Hall,, wit: Isaac Taylor, Rebecca Sherrill.  Witness John Hall says David Miller was stepfather, of Margaret, James Torbett dec'd was son of John Torbett.  From all witness, James Hall family is as follows:  James Hall died mar 1836, wife Margaret who died 31 may 1840, son John, dau. Mahala, widow of Wm. S. Blair, and wife of Wm. A. Upton, dau. Martha dec'd, wife of James Torbett, dec'd, son, James, 53, in 1842, grandosn Calvin M., 31 in 1842.  Copy of instrument 9 Sept 1835 in which John Hall of Monroe Co. agrees to care for James Hall Sr. and wife Margaret of Blount Co. their lifetime.


No.158)      Inj.  Bill  Filed 21 April 1840 Andrew Kerr, John Kerr, James Hope & Jno. Hope vs  M.N. McSpadden, John McSpadden, John Caldwell  Jno. O. Cannon, Sec.  Andrew & John Kerr and James and John Hope doing business as Kerr & Hope, wholesale dealers in Augusta Ga. received judgement in the Superior Court of Walker Co. Ga. on a note for merchandise sold to Alfred & James M. McSpadden, doing business as A & J.  McSpadden of Walker Co. Ga. since no assets could be found in Ga. to attach for their judgement they file suit in Monroe Co. Tenn.  claiming that John McSpadden assets out of Ga.  John states that he had nothing to do with the partnership that it could have been Alfred and James M., John Caldwell is the father-in-law of J.M. McSpadden so the bill states, and that J.M. McSpadden has gone to parts unknown.


No.159)    Inj. Bill  Filed 23 April 1840 A.B. Lee vs Hugh Smith  About the 15th day of March 1837 A.B. Lea purchased a lot in Philadelphia, Monroe Co. from Hugh Smith of Monroe Co., now of Knox Co. he gave a note for the lot and expected the title to be made immediately but it is wasn't made by Smith.  Hugh Smith had sue Lea on the note in the Circuit Court of Monroe Co. and had received judgement now proceeding to collect it.


No.160)     Bill for Divorce  Filed 15 Aug 1840 Berry Fry vs Betsy Fry  Berry Fry and Betsy Brown were married in Feb 1838 and separated in May following.  He accuses her of adultery with Abraham Graves, and says that she has had three children in the meantime and he denies being the father.  He says she has also been guilty of adultry with Miahael Reed.


No. 160B)   Inj. Bill  (Not on Rule Docket)  Filed 1 Sept 1840

Allen D. Gentry vs  Justus Steed and Meshack Gentry  In 1826-27 Allen made note to his father Meshack and note supposed to be lost. Meshack has a newly married wife.


No.161)  Filed 11 Sept 1840 John Rodgers vs Francis A. Patton & Jacob H. Brown  Samuel Cole, Sec.  John Rodgers, of Monroe County claims that in the fall of 1833 or the spring of 1834 he entered into an agreement with Francis A. Patton of Monroe Co. and Jacob H. Brown of Hamilton Co. to sell clocks.  Patten was to furnish the clocks and Rodgers and Brown were to furnish their own wagons and sell the clocks.  The clocks were mainly sold in Bedford and Wilson Counties.  It took them 6 months to sell 144 clocks and Patten did not furnish them anymore.  The clocks were sold on credit and Rodgers turned the notes he had over to Brown.  Rodgers claims he is due his part of the profit.  Patton says that 144 clocks were sent to Nashville for them to sell but that only 104 were ever accounted for to him.  He stopped sending clocks to them since 40 were unaccounted for.  He is willing to settle the affair at any time.


No.162)  Filed 9 Oct 1840 John Queener, Nichodemus Ward and wife Peggy, George Isely, and wife Nancy ( formely Queener)  Solomon Pickel & wife Polly (formerly Queener).  vs Geo. W. & J.C. Queener, Solomon Pickle   A.J. Ballew, Sec.   John Queener died about 10th day of Oct. 1837 in McMinn Co. leaving the following heirs.  Wife (Betsy).  Children:  John, Nancy, (wife of George Isely, Polly (wife of Solomon Pickle, Peggy (wife of Nichodemus Ward) Sally  (wife of Isaac Cline). Betsy (wife of Thomas Latimore). George W., James C., and Jacob.  Complainants state that George W. and James C. have taken over the property and not given the others anything.  Copy of the will of John Queener Sr. is filed. Had not been probated.  George W. and James C. have good defense as they had taken care of parents.


No.163)  Filed 10 Oct. 1840  A.J. Frizzle  vs  Robt. Cannon & L.P. Nelson, John B. Roberson   Curtis Ivey, Sec.  Suit about sale of lots. Robert Cannon and L.P. Nelson had been partners in business Frizzell had owed them money and claims a trust deed was made on the land with Wm. Waddy as trustee and that Waddy gave title to the property to the firm, which was later turned over to Robt. Cannon.  Frizzell wants to pay off the note and have the land.  Defendants say it was not a trust deed and that it was a sale of the lots to Cannon.


No.164)  Filed 17 March 1841 Charles Wilson  vs  Nathaniel Smith & William Morgan  John Wilson, Sec.  Charles Wilson died before case came to trial and case was revived by his heirs at March court 1842.  Heirs as complainants: Minors; Elijah, John, Malinda, Elender, Rosanna, Sarah Jane and Eliza (minor children of Charles Wilson) by guardian John Wilson, Elizabeth Wilson, widow and Isaac James and Uriah, children and Mary Winkle, child of Charles Wilson and wife of Joseph Winkle.  Before answering revived bill Nathaniel Smith died and his heirs were then made defendants.  They were: Martha M. Metcalf, (widow of Thomas Metcalf, and heir of Nathaniel Smith) and William P. , Samuel H., Nathaniel H., Emily J., James C., Laura C., and Texana Smith, minor heirs of Nathaniel Smith by their guardian Charles Metcalf, John w. Smith, Mary M. Carr, wife of James Carr.  All of above heirs are residents of the Republic of Texas except Martha M. Metcalf who is a resident of McMinn County Tenn.  Original bill charges that Nathaniel Smith now of the the Republic of Texas sold land in Monroe Co. to Wm. Morgan, a citizen of the State of Georgia.  Wm. Morgan sold the land to Charles Wilson.  Both purchasers had paid for the land but title was still in name of Nathaniel Smith.  Charles Wilson is of Monroe Co. and wishes title to be vested in his name.


No.165)  Filed 17 March 1841 William Hale  vs Eliza White, Exr of James White, Decd.  Joseph Johnston,Sec.


No.166)  Filed 16 April 1841 Uriah Kiker vs John Matlock, Exr. of C. Matlock, Beeson Field, Sec.  Suit is about title to some land.  Uriah Kyker had bought the land from Charles Matlock and given him a note for it.  Matlock had given him a title bond from John Kitchen.  Land had been in possession of James Kennedy dec'd and his heirs had sold it to Matlock.  Heirs of James Kennedy mentioned in depositions were:  Larkin Moses, Thomas and John both dead but left children, David, daughter who married a Wirick, Washington.


No.167) Filed 10 May 1841 Jonathan Thomas vs Johnson Minton & Theophilus Smith  Anthony Davis, Sec.  Supplement Bill Jonathan Thomas vs Johnson Minton and Harrington Cole.  Filed Sep 1842


No.168)  Filed 11 May 1841 John Henderson  vs Jos. R. Henderson, Exr of and Henderson   Chas.  W.C. Norwood, Sec.


No.169)  Filed 12 May 1841  Cowan,Dickinson & Co. vs  R.D. Blackstone & John Inman   E. Alexander, Sec.  Suit for debt. Robert D. Blackstone and John Inman were engaged in Merchandise under name of R. Blackstone & Co.  Blackstone now resides in Arkansas and Inman in Ga.  Dickenson & Co. appears to be in Knox Co. Tenn.  Two Jacks were levied on in McMinn Co. although the Sheriff of Monroe Co. had first been ordered by the Chancery Court in Madisonville by an order from Hon. Edward Scott one of the Circuit Court Judges of Tenn. to attach so much of the estates of the Blackstone and Inman as necessary to satisfy the said debt.