ROANE COUNTY TENN. CHANCERY BOOK 1824-1845 Page 1 State of Tennessee Blount County be it remembered that on the ninth day of April 1830 that I Wm Griffitts an acting Justice of the Peace for the county of Blount aforesaid by virtur of the power in me vested by the commission here to prefixed to examine all witnesses whatsoever as well on behalf of William Hunter complainant as of Samuel Johnston Responent or either of them in a certain matter of controversy depending in the Chancery Court holden in Kingston in the county & state aforesaid did cause to come before me at my house in the town of Unitia in the county aforesaid. Francis Shaw aged about sixty years of age. Samuel Shaw about fifty eight. Joseph Henderson about sixty. Alexander Henderson about fifty five or six being duly sworn and cautioned by me to depose the truth the whole truth and nothing but the truth deposeth saith. 1 Question by the defendant Have you been acquainted with John Johnston and Samuel Johnston and their transactions through life Ans. I was the greater part 2 Que's by the same Did you or did you not always believe that John Johnston and Samuel Johnston believed that Zachariah Cox and Matthias Maher(?) and their (?) called The Tennessee Company claims of land was good and always expressed themselves in that way. Ans. I did Page 2 3 Que's by the same You Francis Shaw are you acquainted with the buying & selling that land by Cox and his agents. Ans. I was with a good many 4 Que's by the same was the purchaser to run the risk of the goodness of the title or not Ans. the were to run the same risk with the Company. I did not think there was any risk to run 5 Que's by the same Even after we heard of the annuling act of Georgia was it not still generally opinion of the people that it would not invalidate Cox title Ans It was them that was concerned in it 6th by the same What did you hear me say when I returned from Kentucky in the year 1804 repecting money I had went to collect from my father that he owned me Ans. as well as I recollect. I heard you say that you got a bond from John Johnston on Wm Hunter 7th by the complainant did you or did you notever hear me William Hunter the complainant in this cause ever say anything about it before to day Page 3 Ans. I did not 8th Que's by the same As you say you were so well acquainted with Cox and his agents what kind of deeds did they make Ans. I cannot tell. Only as tenants and common and not as joint tenants 9th Que's by the same As you were so well acquainted with Cox and his agents who were his agents all- or do you know whether Samuel Johnston the defenant in this cause was an agent or not Ans. not that I know-and further this deponant saith not his Francis X Shaw mark Samuel Shaw being duly sworn deposeth and saith 1st. Que's by the defendant Is the sum and substance of what Francis Shaw hath deposed true or not Ans. as far as I know I think it is, except the last question. That I know nothing of. I know nothing of the obligation that you had on William Hunter. 2nd by the comlainant- Are you or are you not together with Francis Shaw brother in law to Samuel Johnston and cousins also- Ans. we are Page 4 3rd by the same did you or did you not purchase some of the same land called a part of Cox claim Ans. I did 4 Que's by the same did you or did you not expect to get in possession of that land long before this time Ans. I did but have never got it and further this deponant saith not Samuel Shaw (his signature) Joseph Henderson being duly sworn deposeth and saith 1st Que's by defenant was you or was you not well acquainted with John Johnston and Samuel Johnston from your childhood up Ans. Yes I was- 2nd Que's by the same did you or did you not ever know of either of them offering or trying to defraud any man- Ans. I did not 3rd Que's by the same did you or did you not buy some of this same land and did you not understand that every one was to run their own risk Ans. I did for my own part 5th Page 4th Que's by complainant as you say you have been acquainted with John Johnston and Samuel Johnston from your childhood do you or do you not know that John Johnston and Samuel Johnston the present defendant in this cause to gether with a man by the name of Danforth pretended to claim something like half of Blount County by virtue of a warrant raised from one hundred to one hundred thousand acres. Ans. I heard a great deal of talk about John Johnston and Danforth claiming a great quantity of land but as to Samuel Johnston I never heard of him having any thing to do with it 5th Que's by the same do you or do you not know whether Samuel Johnston ever forwarned Samuel Winters from cutting any timber where he now lives under the claim of Danforth stating that his father had gave it to him as a part of the claim of Danforth- Ans. I do not know any thing about it 6th by the same Que's do you or do you not know that Samuel Johnston and John Johnston his father has acted with many men 6th Page and many ways that you know nothing of Ans. They may have, that I know nothing about. I ve not been with them in all their transactions 7th Que's by the same Are you or are you not a blood relation to Samuel Johnston the present defendant in this cause and if so tell us in what way you are related- Ans. we are said to be brothers and sisters children- and further this deponant not saith his Joseph X Henderson mark Alexander Henderson being duly sworn deposeth and saith 1 Que's by defendant What do you know respecting this cause between Wm Hunter Complainant and Samuel Johnston defendant Ans. as to the trade that I know nothing about between them 2nd Que's by the same You being acquainted with Cox claim of land did you or did you not believe them always to hold good Ans. Yes I did- Page 7th 3rd Que's by the same Do you believe that John Johnston or Samuel Johnston intended any fraud by trading the Cox land or any thing else- Ans. I dont think they ever did to the best of my knowledge- 4th Que's by the same were you or were you not acquainted with Samuel Johnston and John Johnston from your childhood up- Ans. Yes I have been pretty generally- 5th Que's by the compainant- Do you or do you not know that Samuel Johnston the defendant in this case and John Johnston his father pretended to claim land in Blount County under the Danforth claim by virtue of a one hundred acre land warrant raised to one hundred thousand---- Ans. I do not know of their claiming any under Danforth claim-- 6th Que's by the same as you say John Johnston claimed land in Blount County under what right did he pretend to claim sd land Page 8th Ans. I under stood that it was from a grant of Stokeley Dolison of the State of North Carolina for one hundred thousand acres 7th Que's by the same do you or do you not know that the claim or grant of the aforesaid hundred thousand acres has been decided in Court as a fraudulent claim many years ago Ans. the Court did decide against it but whether it was fraudulent or not I cannot tell 8th Que's by the same if the aforesaid claim of one hundred thousand acres had not been a fraudulent claim what is the reason that no man in Blount County holds any land under it and their claims not good Ans. I cannot give any reason-I know of no man holding any land under that claim except Danforth 9th Que's by the same do you or do you not know that Samuel Johnston the defendant in this cause had a claim to some of the aforesaid land under the aforesaid claim that he the said Samuel Johnston endeavored to keep people from working on said land as his father John Johnston had gave to him Page 9th Ans. I do not know of his trying to hinder any person from working though he did claim some under that grant- 10th Que's by the same were you or were you not a blood relation to Samuel Johnston the present defendant in this cause if so tell us in what way you are related Ans. I am married to his half sister and was full cousin before 11 Que's by the defendant after it was generly found out that the people would claim it by occupancy did I not immiatiately quit my claim and how long was that ago- Ans. he did quit his claim I think about twenty seven or eight years ago-- and further this deponant saith not Alexander Henderson (his signature) I do here by sertefy the fore going deposition was taken at my hous at Unitia in Blount County on the nintheen day of this instent and was taken in the pressents of Wm Hunter plantf and Samuel Johnston defendent and taken in the hand righting of John Stanfield by the conset of the partes Wm Griffitts a justice of the peace April 9 teen 1830 Commetion fees for Justice taken deposition four dollars for four witnessess atendence one dollar--Wm Griffitts Justice of Peace (By Jerry L. Johnston Swanton, OH)