Record book
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
FILE ABSTRACTS
FOR PERSONAL GENEALOGY ONLY
NOT TO BE COPIED IN WHOLE
SAMUEL CHAMBERS, JUN VS A J KINCAID
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1866 # 111
Transcribed by Nancy Wardlow Kennedy
In this case Samuel Chambers, Senr died in 1844 leaving two sons, Samuel Jr and George W, both under the age of 21. John Chambers was appointed guardian until 1846 and A J Kincaid was then appointed guardian of the two minor children. Samuel Chambers Senr possessed a large estate, real and personal, but apparently the boys never received any benefits. It doesn’t mention the land in the part I copied, but mentions the money received by Kincaid by the hiring out of the slaves from 1846. At the time of Samuel Chambers Sen’s death he owned slaves: Nancy about 30 years old, Tilda about 7, Jeff and Sarah about 10 years old, Ann and Amanda.. After Mr Chamber’s death, Nancy had Jeff about 1846. There was a settlement on the 26th day of May 1860 but all Samuel and George Chambers received was worthless notes for the hiring of the slaves in years past.
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SUSAN SEWELL VS MOSES BROOKS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
David S Smith, deceased
1867 - No 125
Transcribed by Nancy Kennedy and Brenda Rayman.
This case was a land dispute over 58 acres which Susan Smith Sewell thought she was entitled to inherit but J . E . Stephenson took possession of the land and then sold it to Brooks. This case was carried to the Supreme Court in Madison County but they sent it back to McNairy County. The deed was procured by fraud and Brooks failed to prove that he was an innocent purchaser. The conveyance was set aside and title of the land was given to the heirs of David Smith . The good news is that 150 years later we learn (1) some of the children and grand- children of David S. Smith and ( 2) Ellin that married Richard Tanner was the daughter of Susan Smith Ledbetter Sewell. Some of the heirs of David S. Smith are listed: son William R. Smith,
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daughter, Nancy Smith wife of John M. Spain and lives in Mississippi, Mary Smith who married Pelan Mills and lives in Hardin County, Susan Sewell a daughter . However there is at least one child, that married a Sewell, not mentioned, as Sally Sewell testifies she married his grandson. Jane Stephenson, a granddaughter of David Smith is also listed. Susan Sewell is called Susan Ledbetter, Mrs. Ledbetter and Anna Sewell in the documents. (My note: Susan married James P Ledbetter and all her children are Ledbetter's, it is unknown which Sewell she married and when, but it was between 1850 and 1860. Mr Ledbetter died ca Feb 1858 as his son his appointed executor of his estate in March 1858, in McNairy County. So Susan married a Mr Sewell after 1858, and he died or they divorced before 1860/) Court records show David S. Smith died Aug 10,1866 in Tishomingo C o, Miss. Susan Sewell claims her father gave the land to her and that he lived with her most of the time in his later years. J. E. Stephenson claims the same and both have witnesses to attest to their facts. It is a case of she said - he said. Susan gave deposition that her father placed the land grant in her hands and told her that the land would be hers if she would take care of him in his old age. She took care of her father except for a few visits to Stephenson's. David Smith was old, feeble and senile and did not realize he was signing a deed. J.E. Stephenson, who had married one of his Smith's grand- daughters (Jane) gave deposition that Smith told Stephenson if he would take care of him all of his natural life, he would get the land at his death. The case does not reveal Jan’s parents. Complainant states Stephenson failed to comply with this agreement and on the 7th day of November 1862, Stephenson stole the grant from the pocket of the elderly David S. Smith, drew up a deed from it, and made the old man sign it (make his mark). Stephenson sold the land to Moses Brooks (26th September 1865) for $300. In the lawsuit, Susan charges that the deed was fraudulently obtained by Stephenson. Therefore, Moses Brooks should not have title to the land. The defendant, Brooks, stated that Susan did support and maintain David Smith until his death except a short time when Susan went to Stephenson's house and persuaded her father to go home with her. He says Smith stayed with Susan a short time and then returned to Stephenson's where he remained until he died. Brooks says that the old man had a strong mind and was capable of transacting business. He denied all charges of fraud. The record includes depositions from: William R. Smith (son of David S. Smith), age 50, James W. Tanner, age 42 (brother of Richard Tanner who married Susan's daughter, Ellen). John Price, age 27 (husband of Susan's daughter Mary ). John refers to Susan as "Mrs. Ledbetter." He was present at the time David Smith made his mark on the deed (along with Dr. Mitchell, Mary Price, and Dave Price). He was asked if David S. Smith stayed most of the time at his daughter' s, Susan Sewell, before and after the making of the deed or did he stay at James Stephenson's most of the time? He replied, "He did not stay at Stephenson's long but stayed at Mrs. Ledbetter's most of the time. Mary Price, about age 26 (Susan's daughter). She testified that she saw her grandfather
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make his mark on the deed, but he did not know what he was doing. When they told him he had conveyed the land to Stephenson, he said to put it away, but they (Stephenson and witnesses) went to town to have the deed recorded without Smith's knowledge. Mary said that her grandfather made his home most of the time with her mother, Mrs. Susan Sewell. She said he stayed at Stephenson's for only two weeks after he had made his mark on the deed and remained at Susan's until Stephenson and wife ( Jane, David's granddaughter) came to get him and carried the old man to Arkansas with them. She said she did not think that her grandfather was capable of attending to business and had been sick for two weeks before he made his mark. She had gone to visit him and he did not recognize her . Jane Burks, age 22 (daughter of Susan). She testified that her grandfather, David Smith, gave her mother (Susan Sewell) the land grant and told her to take it and keep it and that he intended for her to have it. She was asked, "Did your mother know at the time that your grandfather handed the grant to her that Stephenson had a deed to the land?" Jane answered, "She did ." Jane said, " . . . he said they [ Stephenson] stole the grant out of his pocket when they made the deed. The next documents are dated April 1869: Susan Sewell, age about 44 years. She said that David S. Smith lived with her most of the time after November 1 862 up to the time of his death. She stated, "Brooks said he was going to purchase the land and I told him not to do so. I claimed the land and intended to have it . . . that the land belonged to me." Under cross-examination she said two or three weeks after the deed was made [conveying the land to Stephenson], her father came to her house and she told him, "I understand you have given away your land." He told her the circumstances and how he had been treated. She said, "He said he made his mark to the deed but did not know what is was for until they told him." She is asked, "Was it after he had executed this deed that he came to Purdy on horseback to see Mr. Wisdom in relation to the deed that he had made?" She stated , "It was. It might have been three or four months afterward. He said he wanted to live with me the balance of his life and wanted to get the land back for me." Deposition of Jane Stephenson (granddaughter of David Smith), about 38 years old: She was asked if she slipped the grant out of the old man's pocket without his knowledge and against his wish for the purpose of having the deed made. She responded, "I was present, I did not slip the grant out of his pocket without his knowledge. He told me where it was and I got it at his request." She was asked. "Where did the old man make his home from the time of the execution of the deed until his death?" Her response, "At the house of my husband, James Stephenson , sometimes he went to Mrs. Sewell's on a visit." She was asked , "Did Mrs. Sewell come to your house and attempt to persuade the old man to leave your house?" Her response, "She did or at least he told me that he never would have left my house or tried to get the land back if it had not been for Mrs. Sewell." The last documents are dated 1871. These indicate that the State Supreme Court at Jackson, Tennessee (April 1871 ) confirmed the decision of the Chancery Court at Purdy, Tennessee: "That James Stephenson did not have possession of the land anytime after he got possession from Smith until he gave possession to M.C. Brooks." Deposition of B.G. East, age 59: stated when Smith lived with Stephenson he maintained a woman of bad character b y the name of Massengill. (She was first called Mrs Massengill and
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then Mrs. Basengame.) B . G. East was a brother-in -law of Richard Tanner. In another deposition, Smith said to wait and lets let East do this. Deposition of Sallie Sewell, age about 40: Sallie stated she was married to David Smith's grandson. She was asked if she knew David Smith in the year 1862 and responded, " I lived 3 or 4 miles from him. I knew him from that time up to his death. He stayed with Mrs. Ledbetter some and Mr . Stephenson. I saw him at Mrs. Ledbetter's twice." She was asked, "Did you ever undertake to keep Smith during his lifetime; if so state the circumstances and under what conditions?" She responded, "I went there to keep him if he would make my husband a deed to the land which he agreed to do , but he refused to execute said deed and I left." Deposition of M.A. Seay, age about 54, regarding David Smith's land: "I know the place that was said to belong to him. I suppose some seven or eight acres of the land would be worth five dollars per acre and the balance about $2.50 [per acre]. He said there were ten or eleven cleared acres. He was asked how many barrels of corn per acre and cotton per acre the land would produce if properly cultivated. He responded, "1,000 lbs. of cotton and six or seven barrels of corn." Deposition of T.B. Kerr, age about 54: He was asked how far was David Smith's land from the Shiloh battle ground . He replied, ‘It is on the edge of the battle ground ' " (NK note: The land was in McNairy county.) Kerr also states that Smith lived with Stephenson in Hardin County two years after they left McNairy County. Smith had fenced the land and built the house in 1862. Kerr also stated that he would not take care of Smith for the rents on a few acres of tilled land. (Tilled land was less than 15 acres .) Deposition of Dr. J. M. Mitchell, age 33 - says Smith was at the age a man would be called in his dotage.' Deposition of John Horn, age 57, says Smith was of strong mind and capable of doing business but did not know he had signed a deed. Deposition of Benjamin Sanders, age 61, says Smith was of good mind and had told him he would give the land to Stephenson and he would take care of him. Deposition of W. S. Wisdom age 71 said D. S. Smith was older than himself and came to town after he had signed the deed and wanted it set aside. He did not know what he had done - he was illiterate. Deposition of R. M. Long states he fixed Mr. Smith for burial. Funeral expense $25. Several of the depositions were along the line that the care of Mr Smith was worth what the farm was worth.
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W S ALEXANDER, ETAL VS W H CAROTHERS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
No 159 - 1868
Jesse Merrill, estate
Transcribed by Nancy Wardlow Kennedy
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W S Alexander and family apparently moved to a portion of the land in 1856. In reading this document, it seems each was jealous of what had been done for each child by Jesse during their lifetime. A big suggestion that W S Alexander had not paid for the land he was living on. It is also stated Jesse Merrill had a large sum of money about six or seven thousand dollars which could not be accounted for. The administrators can only account for $725, mostly in gold. There is no decision of the court documented. According to R M Thompson, Clerk report, estate valued appox $6,733.70. Real estate $3872.39; Cash $725.00; Good notes $870.05 and $487.53; Doubtful notes $8778.73. Amounts advanced to heirs in land and property: W H Carothers and wife $230.75 George A Merrill $970.00 W C Hayley and wife $188.90 Robert Young and wife $123.25 Rubin Swain and wife $133,50 Hanks Hill and wife $77.50 W S Alexander and wife $274.70
From county records # 603, Jesse Merrill Estate, W H Carothers and WA Mills were appointed administrators of estate on November 5, 1866. Jesse Merrill died intestate in September 1866 in McNairy County, possessing a considerable amount of personal property consisting of monies, debts due and other effects. leaving the following heirs: Martha Merrill, his widow Robert Young and wife Jane, formerly Jane Merrill W H Carothers and wife, Elna, formerly Elna Merrill (Elma in other places) Reubin P Swain and wife Malissa, formerly Malissa Merrill W C Haley and wife Mary, formerly Mary Merrill George A Merrill W S Alexander and wife Louisa, formerly Louisa Merrill Hanks Hill and wife Elizabeth, formerly Elizabeth Merrill, of Lane Co, Oregon.
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HARDIN O’NEAL VS JOHN R SWAIN
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1868 * 180
Transcribed by Nancy Wardlow Kennedy
John Long departed his life in 1867 and in the October term of court, John R Swain was
appointed administrator of the estate. Surviving John Long are:
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his widow Sarah Long Jane who has since intermarried with Hosea St John Christopher C Long William H Long Reubin Long Levi Long Robert Long The last four being minors. The family may live in Henderson County, Tenn. Hardin Oneal says he sold land to John Long March 4, 1861 consisting of three tracts of land in the amount of 409 acres for $500. Part is torn off but apparently Long still owes Hardin money. Fielding Hurst says John Long owes him $500 for attorney fees for defending him in a prosecution for murder. (Note: The record does not show who the victim was but the census records show John Long was a felon and murderer.)
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G G MICHIE VS NARCISSA DAMERON
McNairy County, Tennessee, Chancery Court
1869 - 189
Transcribed by Nancy Wardlow Kennedy
Dispute of James Dameron Heirs
See also Chancery Court case 440
Estate of land disputed. James Dameron departed this life Mar 13, 1861. G G Michie
and R W Michie were appointed Administrators of his estate April 1, 1861. Dameron had
survivors:
Narcissa his wife & widow; and his children:
1. J R Dameron, who has died leaving Martha his only heir in Mississippi.
2 Eliza (Elizabeth) who intermarried with R W Michie
3. Mary who intermarried with G J Pettigrew
4. Celia who intermarried with P H Michie, both of who have died, leaving Sarah J and
Josephine Michie, both minors, their only heirs.
5. Lina who intermarried with Latham Donnell
6. Rebecca who intermarried with E DL Atkins, residing in Arkansas
7. Frances E who intermarried with W L Wilburn, residing in Texas
8 Joseph
9 John T, a minor, son of James and Narcissa Dameron
10 Martha Jane, a minor, daughter of James and Narcissa Dameron
11 Judia Allice daughter, a minor, of James and Narcissa Dameron
This was a long, long lawsuit. It went over and over all the details. Had numerous hearings with the same testimonies. It started in 1869 and apparently stopped somewhere before 1880. Even brought in a witness over a debt of $1.25. In April 1880, a lawsuit was finally filed
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to divide the land, which was accomplished. Narcissa filed a countersuit saying marriage before her marriage was illegal and the first nine children was illegitimate and only her three children, John T, Martha Jane and Judia Allice deserved to inherit. The big statement was James had a living wife at the time of his marriage to Sarah Burks. James Dameron had been married at a very early age to Charity Donahoe. She had a child named Joseph Dameron which she said belonged to James Dameron. Some people testified they did not know if the child was James Dameron’s. There was ‘much to do’ about the first marriage. Apparently, it was not known in the community that James had been married before he married Sarah Burks, the mother of nine of his children. Roland Burks testified on Feb 18, 1872, that he met James when he was 17 or 18 years old. “James married his sister, Sarah. They were married at Mrs Hanbricks, 35 miles from where Sarah’s father lived. He had to prove to the father that his marriage was legal and the father accepted his prove.” James and Sarah married in Lincoln Co, Tenn and lived there awhile after married. They married some 50 years ago, which would be ca 1822. Elizabeth Donahoe, age 77, of Paducah, Kentucky, widow of Charlie Donahoe (not sure named was Charlie, very hard to read). Charity Donahoe was a sister to Charlie. She stated that Charity married James Dameron in Madison County, Ala. Elizabeth tells this as hearsay, she was not there, but she said her husband was there when they married. Charity had one son, who is dead. Elizabeth Donahoe said Charity died in Sept 1847 and her husband Charlie Donahoe ?) died May 3, 1837. She said Ellen Donahoe married Robert Crow in 1848. ? John H Stubblefield, age 65, testified: James Dameron came from Jackson Co, Alabama or lived there when he was young. He knew James Dameron but didn’t know if he really married Charity. He married Sarah Burks in the Spring of 1826. (I think this is an error - Elizabeth, James Dameron’s daughter was born ca 1820, according to the 1860 and 1870 census. Maybe I misread it - it should be Spring 1820.) Sarah died in 1849. He said Jackson County was in the Indian Nation at that time. Mrs Jane Crum, age 47, now married to Hiram Crum, was first married to Joseph Dameron, child of Charity and James Dameron. Joseph and Jane had a daughter Adaline who married G W Stickland. Charity left James. Celia Wisdom, age 56, knew Jim Dameron in Alabama between 1816 and 1820. Jim and Charity lived together a short time. Celia said she went to dancing school with James ‘Jim’ Dameron.
I skimmed through the pages and found a lot of little odd notes Josiah D Leath of Hardin County was killed during the war, but it did not state he was in battle, he as a Justice of the Peace in Hardin Co and was married to James Dameron’s sister. Josiah D Leath testified on Oct 12, 1871, age 37. His mother, Judia Dameron Leath, died in 1869. Josiah Leath, Senr, died March 2, 1862. He testified James had been married three times (1) Charity donahoe (2) Sarah Burks (3) Narcissa. J A Sharp was killed in the war. E D L Atkins died in White County Arkansas Jan 16, 1873. James R Dameron married in ca 1858 and his father gave him some land which he sold to
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H A Pettigrew for $800 but James Dameron did not approve of this sale and refused to give out the title. James R Dameron then sold it to P H Michie for $1000 and James Dameron gave him the title. Michie later sold to Pettigrew. E D L Atkins and some others owned a sawmill which they sold in Sept 1862. E D L tried to borrow wagons to take his family to Texas. David Cunningham told the condition of the county in 1862, ‘Our county was overseen by soldiers in 1862 and military law did prevail. Eliza (Elizabeth) married R W Michie in 1837. Narciss was a Hindman before she married. At the time of James Dameron’s death he owned these slaves: Jeff age 25, George age 16, Harriet age 37 and he two children, Dick age 4 and Peyton age 2, Henry age 10, Roseline age 9. Jeff Dameron continued to live on the place after the war. Some people that James Dameron owed: R A Chambers, C F Sawyers, Ephriam Barnett, Josiah Leath, A J Kincaid, V A Sanders, Thomas Pettigrew, Samuel Chambers estate. Others mentioned in this lawsuit, either as a debtor, or a Justice of the Peace or a bondsman: Wesley Elam, Clayton Davidson, John Simpkins, P H Michie, W H Moody, D S Michie, J A Sharp, Silas Littlejohn, W R Ledbetter, B G East, Clay Terry, James Dickerson (died in the war), B F Hanks, W C Cornelius, James Counce, Banj Sanders, W F Kendall, H T Emmons, R W Michie, J B Dameron, E D L Atkins, J R and Sarah Dameron, D T Atkins, Joseph Dunkin, A J Chambers, W Wood, John Doan, J B Miles, J M Needham, J C Proctor, J D Burks, John Wardlow, Daniel Davis, R Rushing, W H Pehlps, N Bagley or Bayley, Wm Carroll, P M Robinson, T B Cogdell, R B Williams, G P Pettigrew, David Cunningham, Wm Eachols, W Brown, J L Brittan, C H Carrol, J R Preston, J D Leath, Joseph Barlow, Robert Cook, R W Caffey, W Hopkins, James Wood, W W McAfee, Thomas Pettigrew, K C Atkins, G W Babb. (Some may be listed twice.) Old notes of men who left McNairy County and about when they left: J Harrison 1847, — Battle 1823, S Tilman 1849, W Murdock 1849, Jack Moon or Moore 1848, B G Rodgers 1837, P H Nunley 1838, Thos Beard 1846, Geo Hurd 1833, Jackson Burks 1836, W H Thompson 1928, R H Burks 1852, T W Luther? 1854.
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RICHARD NEWELL VS JAMES F MCKINNEY
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1869 - No 194
Re; John A Jones Estate
Transcribed by Nancy Wardlow Kennedy
McNairy County Chancery Court Case No 194: filed February 2 , 1869
Richard Newell vs James F McKinney, et als
John A Jones died in said county, intestate, leaving Nancy his widow and Burgany and
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William H Jones his minor children, his only heirs at law and that defendant Nancy has since intermarried with Jaspe r Medlock (Matlock) and that James F McKinney and Nancy Jones were duly appointed administrator and administrix of the estate. Deposition of Richard Newell, age 58 states: "I was acquainted with him. (John A Jones, deceased) I suppose died at Wilton (?). We lived in a mile of each other for so me time before his death. Jones owed Newell $140.00 which was recorded in a trust deed on the 5th day of January 1861, for a tract of land. The first payment was made in 1862, he left his cotton in the filed and I (Newell) picked it and sold it for $62. Also in 1864 he paid in cotton and the amount was $33. Newell attended to Jones' business for sometime before his death and during the time he was away in the army during the war and never received anything for it. (Apparently being a good neighbor was not in Newell's heart while a young man was away at a Civil War and a wife and young children at home.) Statement submitted April 10, 1869. Nancy Jones Medlock stated she never knew of or saw a trust deed for the $140 but the total sum was paid with interest, December 25, 1864. Submitted April 8, 1969. (Hiram Melton witnessed the trust deed.) James W Pace was appointed guardian of the two children Berganie and W M Jones for this court case. No mention is ever made of a John Jones as being a child of John A Jones and Nancy Melton Jones. It only refers to John A Jones heirs: Nancy, his wife and minor children, Bergania Jones and William M Jones - although she had a child John Jones born 1863. (No record has been found of John A Jones’ death date.) The land was sold to the highest bidder in 1871.
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MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
JAMES W WARDLOW VS JOHN A BARNHILL
Estate of John Wardlow
1869 - No 197
Transcribed by Nancy Wardlow Kennedy
"Your Orators and Oratories, Elizabeth Wardlow, James W Wardlow, Elizabeth Powell,
Elisa Ann Wardlow, John and Mary Wardlow, all citizens of McNairy County, State of
Tennessee , would most respectfully represent unto your Honor that John Wardlow died in
McNairy county on the 24th day of August 1864, leaving the following heirs, towit:
Elizabeth Wardlow his relict and the following children
James W Wardlow
Elizabeth, who intermarried with Thomas Powell, who has since died, n o children,
Elisa Ann Wardlow,
John
Mary
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all of the age of ad ult years except John and Mary. Malinda Jane's daughter was not mentioned as an heir. Malinda died ca 1862 and had one daughter. The way this reads, it is uncertain if Susan Elizabeth Ward low Powell is still living at the time of the lawsuit. In the first sentence it says she is a resident of McNairy County. Maybe it is Thomas Powell, her husband that has died. I have not found Susan Powell in the 1870 McNairy County Census, but I found one that my be her in the 1880 census in Sharp County, Ark. James W Wardlow was appointed administrator of the estate in 1865. (The lawsuit was concerning that James had moved just over the state line i nto Tishomingo Co, Miss and Barnhill had been appointed administrator and James moved backed and wanted to be administrator again.) John owned 503 acres at the time of his death, bounded on the west by R S Houston, on the south, W S Richardson , on the west by H R Sharp and on the north by S B Hooker. (Another place says 450 acres.) The court papers say that Barnhill and Houston obtained a judgement against the estate of John wardlow and sold the land to Samuel Sharp for $450.00 in 1867. Aparently they jumped the gun a little bit. James W Wardlow petitioned the court in 1870 that the widow had not had an allotment or her land dowery. H T B Speirs, Turner Wesson and B C Ijames were appointed to lay off the widow's dowery in 1870, which they did in the amount of 185 acres. In reading over all the cold court files, if there is a widow left with land there is always some man wanting to court her or someone claiming the deceased owed them money. Th ere were 22 claims and judgements that John Wardlow owed with court cost and high interest. Some of the claiments owed John Wardlow which is list above as $1006.86 of which $825.20 was insolvencies. Those claiming that John Wardlow owed them: R W & G S Michie $22.67 L M Huggins $13.87 William Prather $217.89 L M & J M Huggins $39.30 L M Huggins & Bro $63.85 H T B Spears $98.62 John N Barnhill $40.12 Jas Forsythe $39.16 John N Barnhill $51.04 J R Hurley $35.23 T L Barnhill $42,08 J L Barnhill $8.30 J N Barnhill $52.91 B C Ijames $13.93 R C Houston & J N Barnhill $538.04 Samuel Sharp $76.01 A L Robinson (Wm Phelps estate) $281.00 Gilbert Wood $73.75 J C Hurley $7.56 Elizabeth Martin $6.25 S J Murray $31.69 J R Hurley 401.70 (this was note $200 interest 201.70) Total says $2,267.11 (I did not re-add)
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JOHN M HAMM vs LEVINIA RICHARD
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
May 21, 1869 - No 198
Transcribed by Nancy Wardlow Kennedy
See also Chancery Court File No 860
May 21, 1869, John M Hamm, appointed executor of William Richards’ estate, states
William Richards died in McNairy County in the year 1861. And left surviving him:
His widow Lavina Richards and he had no children
Also surviving him - his brothers and sisters:
James L Richards, citizen of the state of Texas
J D Richards, a citizen of Haywood County, Tennessee
John Richards, of McNairy County
T A Richards, of McNairy County
Catherine Carter and John Carter, of McNairy County
Hosea Richards and Sibba Caffey, of McNairy County
John Redding and his wife, citizens of the State of Texas
Will of William Richards - 1857 I William Richards do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made. First: I direct that my funeral expenses and all other debts be paid as soon after my death as possible out of any money that I may du possessed of or may come into the hands of my executor. Second: I give and bequeath to my beloved wife Levina Richards all the balance of my personal property after the above named debts and expenses are paid, to be hers during her natural life time and no longer. I also bequeath to my beloved wife, Levina Richards, my negro woman named Hettie and four hundred acres, to be more or less which is all the lands I own, to be hers during her natural life and no longer and after her decease the personal property together with the negro woman and the above named four hundred and fifty acres to be sold to the highest bidder on twelve months credit and the proceeds thereof to belong to the Presbytery of which I am a member; to be lent out at lawful interest and the interest to go for missionary purposes as the Presbytery may think best. Witness my hand and seal this 3rd day of November A D 1857 Signed William X Richards. The reason for this lawsuit was hard to understand. Court records had been lost and Hamm was asking to be paid for his services. Note: The 1850 McNairy County census states William was a minister and school teacher.
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P M DERRYBERRY vs W A DERRYBERRY
MCNAIRY COUNTY, TENNESSEE, HISTORY
Chancery Court, 1869 #217
Transcribed by Nancy Wardlow Kennedy
Estate of John Derryberry: Petition to sell lands
P M Derryberry, a citizen of McNairy County, Ten, complainant
VS
Julia P Drury; R B Gatlin and his wife Elmira;
H B Campbell and his wife Elizabeth;
W A Derryberry;
C W Derryberry;
Frank Taylor and his wife Elmira, who is a minor, who is the daughter of Jack Derryberry;
all of whom are citizens of the State of Mississippi;
W G M Derryberry, who is a citizen of the State of Indiana;
George Hurley and his wife Hannah Hurley, citizens of Hardeman County, Tenn;
M E L Derryberry, a minor;
Martha T Derryberry, minor;
N F Derryberry, minor; citizens of Fayette County, Tenn;
Daniel McGuin and his wife Martha;
W Williams and his wife Christina;
Rosa Derryberry, minor;
Corda D Derryberry, minor;
John Derryberry, minor; Mary E Derryberry, minor;
David Gibson and wife, a minor; citizens of McNairy County;
and Christopher White, a minor, citizen of the State of Arkansas.
Eleven Shares in the estate:
1. William Derryberry, M A Derryberry, C W Williams, Elmia Taylor, M C Derryberry, Rosa
Derryberry, N F Derryberry, E D A (or CDA) Derryberry, heirs at law of J G Derryberry,
deceased.
2. Angeline Owens, Isaac White, M C White, Poster M White, heirs of Louisa White,
formerly Derryberry, deceased.
3 John W Derryberry, Louisa Gipson and Mary E Derryberry, heirs at law of H C
Derryberry, deceased.
4. Julia P Drury, formerly Derryberry
5. Elmira G Gatlin, formerly Derryberry
6. Elizabeth Campbell, formerly Derryberry
7. Martha C McGuin, formerly Derryberry
8. H C Hurley, formerly Derryberry
9. P M Derryberry
10. W A Derryberry
11. C W Derryberry
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Eight tracts of land: 112 acres - 53 acres - 160 acres - 160 acres - 160 acres - 160 acres 97 acres - on the west boundary line of Alexander McGuin; 313 acres - southeast corner of Daniel W Morgan, NW corner of Sarah Jones
William Phelps sold to John Derryberry sold the following for $2,000 cash paid at the time of the sale on Sept 24, 1852: Both mills, one saw mill and one grist mill and all the appurtenances belong to said mills. Also several tracts of land subject to sale at Pontotac, Miss: A - 112 acres, 98 acres, 160 acres, 160 acres, 160, 160 B - 313 acres (some boundaries listed) at the SE corner of Entry 1130 in the name of Daniel W Morgan, North line of Entry 581 in the name of Sarah Jones, SW corner on the Winchester State Line, SE corner of entry 1218 in the name of David Young, SE corner of Entry 1341 in the name of William D Dunn, SW corner of Entry 1360 in the name of James P Dunn., C. 97 acres, mentions Entry 818 in the name of ? Redding, Entry 735 in the name of Alex McGuin excludes 98 acres sold to R W Jones D. 53 acres which excludes acres sold to Daniel Johnson, does not give total acreage, just assuming the balance was 53 acres. Total 1313 acres. Land owned at time of death 1215, leaves 98 acres un accounted for. There is a 98 ac tract included in the sale, I did not check it out for error or if it was sold. The 1867 and 69 tax records shows John Derryberry estate with 666 acres in Dist 1 and 600 acres in District 5.
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R H PRICE vs CAROLINE REYNOLDS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1870 - No 222
Family Dispute
Transcribed by Nancy Wardlow Kennedy
Case 222 concerns land that Caroline Reynold s purchased when she came to McNairy County. Apparently, her husband had abandoned her or she had left him. She claims she paid for the land with her own means and her husband' s creditors have no claim on the land, because she put it in her children’s names. Poor Caroline, her children took her land away from her. She was powerless, being a woman alone in a greedy world.
Clips from this lawsuit: " To the Sheriff of McNairy County, you are here by commanded to summons R. H. Price, Sarah Lee, William Lee, M. S. Reynolds, L. M . Huggins and Peter Elder to appear before the court at the courthouse at Purdy on the second Monday in April 1870" The Bill of Complainant, Caroline Reynolds, filed in the Chancery Court of Purdy against R. H. Price, Sarah Lee & William Lee her husband, and M. S. Reynolds, minor and --------can't read ---- guardian and L. M. Huggins, all residents of McNairy County except Sarah and William Lee. Caroline Reynolds, a citizen of McNairy and the State of Tennessee states she purchased
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the land lying in County of McNairy and executed her note for the same, and she fully satisfied all the purchase money to the said McKenzie and had the deed made to her bodily heirs. The land at the time of the purchase was in John Hamm’s name and at the request of Caroline Reynolds, Hamm executed a deed to the bodily heirs of Caroline Reynolds. The deed was made to her bodily heirs for the reason that her husband had abandoned her and gone to the State of Texas and she wished to secure her lands from the debts of her said husband. Her children has claimed the land and refuses to let her have any control. Peter Elder who intermarried with her daughter Susan conveyed his undivided in the above tract to one L. M. Huggins and that Robert Price another heir of Caroline Reynolds has also sold his undivided interest to the said She states the children never paid anything toward said land and have no right to claim the land. " The joint and separate answers of Peter Elder and L. M. Huggins. They admit complainant made a contract for the purchase of the tract of land described in said bill, but the they deny that said deed was made to said bodily heirs for the purpose of securing the title from the control of her husband or his creditors. They deny that the said husband was setting up any claim what ever to the land or that he had any creditors who were seeking or interfering with same. Respondants deny that complainant was abandoned by her husband, but on the contrary state that she left and abandoned him when they were moving from the State of Alabama to Texas and without any lawful cause refused to go any further with him. (They also claim she used money from her husband to pay for the land.) Respondants admit that Peter Elder sold and conveyed his undivided interest which he acquired by the law of descent in said land to respondant L. M. Huggins, that he (Elder) intermarried with Susan who was the daughter of complainant and that she died leaving one child the issue of said marriage, who afterwards died and by the death of her said child he became owner of the undivided interest in said land. They also admit t hat said Robert Price sold and conveyed his interest in said land to the said L. M. Huggins. Caroline asks that the complainant be invested with a life in interest in the one half said tract of land and the remaining half be vested in M. S. Reynolds fee simple. Caroline Reynolds and the Price children got 1/2 of the land and M. S. Reynolds got the other half. (My note: This verdict was assuming that M S Reynolds was a child of Caroline Reynolds and her ex-husband that had gone to Texas. Later, M S Reynolds, also known as Wick, changed his name to Huggins.)
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JAMES E FERGUSON, ETALS VS HENRY W ROTEN, ETALS,
McNairy County, Tennessee, Chancery Court
1871 # 224
Transcribed by Nancy Wardlow Kennedy
This cause came on to be heard on the 9th day of March 1871, before Chancellor Nixon. Ezekiel Dunaway, deceased, was the owner of an occupant claim in McNairy County prior to the year 1838 and lived upon the same and that he died in the latter part of the year 1838 while residing on the same, leaving him surviving three children, his heirs at law, W P Dunaway, James T Dunaway and Mary Ann Dunaway. His wife survived him but her name is not mentioned and it does not tell when she died - see Chancery Court Case 277 for more about the wife. The widow and family of Ezekiel Dunaway lived on this land to about the year 1844 or 1845 when apparently the land was divided among the heirs. The date, July 17, 1849 was entered, which I think was the date court was petitioned for Mary Ann’s land was transferred to Henderson Ferguson. Apparently Mary Ann inherited 232 acres of land. This lawsuit is a land dispute between the heirs of one Mary Ann Dunaway, a minor at the time of her father Ezekiel Dunaway’s death. Mary Ann married Henderson Ferguson, about 1845, before she became of age and therefore Henderson Ferguson took possession of the land, as was the law and custom in that time. Mary Ann Dunaway married Henderson Ferguson about 184/45. They had four children, James E Ferguson, Nancy Jane who married William C Ramer, Mary Margaret who married J M Melton, Henderson Ferguson, a minor at the time of this lawsuit. Henderson Ferguson (Senior) died in August 1852 and Jessee Gooch was appointed guardian over the children. Apparently the court never divided the land among the widow and the children. When Mary Ann married Henry W Roten, he became guardian of the Ferguson children and Jessee Gooch gave him the money due the Henderson Ferguson estate and he loaned it to a Mr Young. Apparently this lawsuit was over the fact that the money earned on their share of the land was not saved for them. Another factor was that the Ferguson children felt the land was theirs and none belonged to the Henry Roten children by a previous marriage. Mary Ann died a few days before Christmas 1869. The resting place for Henderson Ferguson or Mary Ann Dunaway Ferguson Roten are not documented in the cemetery book. In reading over this case - I hope Mary Ann was happy, it seems both men married her for her land. She was also called Polly Ann. The case says Mary and Henry Roten had six children, four of whom are living in 1870. Mary Ann was dead by census time in 1870 and I did not find Henry Roten in the McNairy County census. This case went to the Tennessee Supreme Court. Outcome unknown.
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DAVID MCKENZIE VS THOMAS BABB
McNairy County, Tennessee Chancery Court
# 233 - 1870
Transcribed by Nancy Wardlow Kennedy
This lawsuit is similar to the #241 filed in Chancery Court, concerning the heirs of Elizabeth, deceased who was the heir of John D Lewis, deceased ca 1842. John D Lewis had quite a bit of land and assets. Elizabeth Lewis Babb, daughter, who intermarried with G B Babb died before 1871. Apparently this law suit is concerning the children of Elizabeth Babb. They claim her husband, G B Babb sold her portion of the land that they felt was their inheritance. The heirs of John Lewis petitioned the court in 1843 to sell the land and divide the estate among the heirs. Witness say Babb purchased part of the land out of his wife share of the estate. The other side claims G W Babb purchased the lands with his own money. This law suit was filed after Elizabeth Babb and her husband G B Babb had died. G W Babb departed this life in 1863, leaving surviving him, Mary Babb, his widow (Mary is the second wife, since Elizabeth Lewis Babb was the first wife,) Thomas Babb, Martha Babb, Joseph Babb, James Babb, & F P Mitchell, C C Mitchell, Elizabeth J Mitchell, Sarah V Mitchell, Mary J Mitchell, all minors except the widow & F A Bryant and wife Jane (of Dyer Co, Tenn) Joseph A Babb & Mary A residents of Texas and the children of John Babb deceased, names unknown of Mississippi. Testimony was given that the administrative papers of G W Babb, deceased have been destroyed or missing. G W Babb owed Dr J M Mitchell for July and August 1863 $12.50. After the death of Elizabeth Babb, G B Babb married a Mary J. then before 1868 she married Fitzpatrick. Apparently Babb owed more than he was worth when he died.
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F A BRYANT VS JOHN FITZPATRICK
McNairy County, Tenn Chancery Court
#241 - 1871
Transcribed by Nancy Wardlow Kennedy
See Also Chancery Court file 233
This lawsuit was filed over 20 years after the death of John D Lewis. F A Bryant and wife Jane C Bryant, Franklin P, Christopher C, Elizabeth J, Sarah V and Mary Josephine Mitchell, the last five of whom are minors under the age of 21, filed by Jas M
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Mitchell then next friend; Lafayette and Johnnie A Babb, who are minors under the age of 21 filed by Sarah E Babb their next friend; all of the State of Tennessee; Joel M Babb, and Witty (or Mitty) A Anderson, formerly Witty A Babb, residents of the State of Texas; VS John Fitzpatrick, Mary J Fitzpatrick, Ephriam Shuffield, Washington Shuffield, and W C Cornelius and Elizabeth Green (or Greer) residents of McNairy County, and Martha, Thomas, James, Samuel, and Joel Babb. Ephriam Shuffied, Washington Shuffield, W C Cornelius and Elizabeth Green are not relatives of the deceased John D Lewis, but purchased the property of G W Babb. Joseph Walker who was County Court Clerk during the years of 1862, 63 stated that the county court records was destroyed by fire and the minute docket of 1858-9, 60 and part of 1861 was saved with a few others. Also Calvin Shull, County Court Clerk in 1872, testified to the same in Feb 1872. John D Lewis departed this life, in March 1842 in the ninth district, McNairy County, Tennessee. He came to McNairy County about the year 1836 or 1837, yet his will was dated 1840 in the county of Jackson, Alabama. He married his second wife, Jame Hammonick about 1836 and they had one daughter, Emily. Elizabeth Lewis Babb, daughter, who intermarried with G B Babb died before 1871. Apparently this law suit is concerning the children of Elizabeth Babb. They claim her husband, G B Babb sold her portion of the land that they felt was their inheritance. *************** The heirs of John Lewis petitioned the court in 1843 to sell the land and divide the estate among the heirs. Witness say Babb purchased part of the land out of his wife share of the estate. The other side claims G W Babb purchased the lands with his own money. This law suit was filed after Elizabeth Babb and her husband G B Babb had died. The possible heirs of Elizabeth Lewis Babb: F A Bryant and wife Jane C Bryant, Franklin P, Christopher C Elizabeth J, Sarah V and Mary Josephine Mitchell, the last five of whom are minors under the age of twenty-one years, who file this bill by James M Mitchell, their next friend; (their mother’s first name is not mentioned, James M Mitchell the father.) Lafayette A and Johnnie A Babb, who are minors and surety under their friend Sarah E Babb, residents of the State of Tennessee; (Father’s name not mentioned.) Joel M Babb Mitty A Anderson, formerly Mitty A Babb, residents of the State of Texas. *************** J D Lewis’s, deceased, wife, Mary Jane, received an equal portion of the estate as the children and she re-married to John Fitzpatrick. This lawsuit concerns the estate of John Lewis, deceased ca 184- in McNairy County, Tenn. Apparently there was an earlier lawsuit filed Jan 16, 1844 in Tishomingo, Co, Miss, as it is described: ‘To the Honorable Probate Court of Tishomingo, County, Mississippi: Your humble petitioner showeth and prayers that grant on order of the Sale of the South East quarter section fourteen, and the South West quarter of section thirteen in township one and range eight, and that the said lands belong to the estate of John Lewis, deceased. Your petitioner further showeth that
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he is an heir and one of the executors of John Lewis, deceased, your granting the above named order, your humble petitioner would ever pray, January 16th, 1844. John D Lewis. The following is the names of the heirs of John D Lewis, and places of residences, viz: Henry Lewis, Joel D Lewis, Ala; Jane Lewis (Sr) Matilda Mason, Elizabeth Babb, Jane Wardlow, Susan Lewis, John H Lewis, Emily Lewis of Tennessee, except Elizabeth Babb, Spencer D Lewis, Arkansas. Celia Babb’s heirs, Henry Lewis their guardian, Daniel A Lewis, Marshall County, Ala. Signed J D Lewis.’ <<<<<<>>>>>> The will of John D Lewis: ‘Be it remembered that at a quarterly court began and held at the court house in the town of Purdy, County of McNairy, the 3rd day of April in the year of our Lord, eighteen hundred and forty three, and the sixty seventh year of American Independence: Present the worshipful, S d Pace, G G Adams, Dol– Sweat, John G Gooch, E T Dodds, John Chambers, James M Huggins, A C Houston, A M Brown, Jacob Lawrence, W t Anderson, Elijah Lynch, – McKnight, Jacob Jackson, and Joseph Anders, James Warren, sheriff, A A Sanders, clerk. This say the last will and testament of John Lewis was presented: ‘The State of Alabama, Jackson, County, I John Lewis, being in health and in sound mind and knowing the certainty of death, do make this my last will and testament as follows viz: I give and bequeath to my son William Lewis five (?) out of my money at my death if I have any and if none out of my property; and I give and bequeath to my son Daniel A Lewis, one dollar out of my property at my death and I give and bequeath to my dear wife Jane Lewis, one equal share with the balance of my children, that is after paying out of my estate the above ---- to my sons above named. I want my estate divided equally between my dear wife Jane Lewis, and my sons, Henry, Joel D, Spencer P and John Lewis and my daughters Celia, Matilda, Rebecca, Margaret, Elizabeth, Jane, Susan and Emily Lewis, equal shares, but if my dear wife should choose a dower that the law allows, I desire that she should have it and the balance of my estate after paying my two sons and Daniel A Lewis, the above named sons, I desire should be divided equally between the balance of my children; and I desire that if I should have any more heirs that they should share equally with my present heirs, except my two first named. If I should depart this life before my youngest daughter Emily should get her education and if I have any more heirs, I desire there should be a sufficient sum set apart for their education and that the balance of my estate be divided as before written. I desire that my dear wife Jane and my two sons Henry Lewis and Joel D Lewis be and I do appoint them as executors of this my last will and testament and I desire that my son Daniel A Lewis children that is to say his first wife and children to have as much of my estate between them as any of my other sons and daughters will share. That is I want all of my son Daniel children above named to only have as much between them all as one of my heirs, say son or daughter, with the exception of one hundred. That I want — back one hundred dollars of getting as much between them as all of my other heirs. In Testimony of this being my last will and testament, I have hereunto set my hand and seat this 14 day of Jany, 1840. John Lewis (his mark). Witness: William Daniel and James E Daniel. <<<<<<>>>>>>
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Some witnesses in this lawsuit were Jesse Ealim, David S Wardlow and David Carol. Testimony of Ann M Sharp in the office of W J Sutton, Justice of the Peace on Feb 23, 1872. Ann is 65 years old and was a neighbor to John D Lewis. She stated that Lewis made a statement that he did not make any provisions for his son Wiley Lewis on account of his recklessness and dissipation. The sale of Lewis’ assets was two days. Aaron Rice, a son-in-law of Lewis purchased two slaves, a woman and child, since they were family. The slave man someone else purchased. Lewis had good stock horses and cattle, mules and hogs, good household and kitchen furniture. He owned four tracts of land in this county and land in Alabama. G W Babb bid off certain portions of the land and soon afterward I heard Elizabeth Babb that on account of difficulties between herself and her husband she had been abused and --- -- but now she had a home of her own and wouldn’t leave no more. The land that G W Babb bought was paid for out of Elizabeth Babb’s share of inheritance. That Babb was in embarrassing circumstances on account of recklessness and had little property. Letter from Henry Lewis to a niece: March the 24/1871. Woodville, Jackson Co, Ala. Dear niece, I will now try to answer your kind letter of Feb 24th which was some time on the way but came at last. Thinking that you are more anxious to know all that I can tell you that first I know that I can tell you of the contents of my Father’s will. I will tell you first, I know that he made a will and that he did it in my presence and appoint Joel D Lewis and my-self executors to the will and we filed the will in Purdy, McNairy county, Tenn and also filed a copy of it in Bellefonte, Ala and it was destroyed in time of the war. We also file a certificate from the county clerk of McNairy in Jacinto.(Tishomingo Co, Miss). The will stated that there was to be a sufficient amount set apart for the education of my half sister Emily. After the debts were paid my father willed my oldest brother Wiley five dollars, then the widow, my step mother, was to have a choice of a child’s part or a dowry,----missing------- child’s part. (She took the dowry). The balance of his property he willed to his children and their heirs and at the sale of my father’s land Green Babb, your father said that he had no interest in, but his wife, your own mother, authorized him to bid for the land. She was standing close by and said yes I authorize him to bid for me and your father bought some of the land and we charged it to her and took it out of her part of the estate. And we managed the property just as my father willed it, and if you see proper to have my disposition taken, Henry Dillard or Frank Cotton, either one or both would be very suitable men. They both live in Woodville, which is near me and if you have that done you and your husband come to see us. We live in two miles of Woodville. You could come that near on the railroad, we would be glad to see you. Hope you will excuse this imperfect letter and let me hear from you again. You Uncle Henry Lewis
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W D HUDDLESTON VS JOSEPH HURST
MCNAIRY COUNTY, TENNESSEE CHANCERY COURT
1872 #264
Arthur Hurst Estate
Abstracts by Nancy Wardlow Kennedy
Humbly complaining your Orator, W D Huddleston, citizen of McNairy County, Tenn would respectfully report unto your honor that Arthur Hurst departed this life in said county about the — day of ---- 1864, leaving surviving him: Phebe Hurst, his widow and relict who now resides in the State of Arkansas Orlena who intermarried with George M Owens of Hardeman Co, Tenn Demindaville who intermarried with Abel L Hurst who resides in Missouri (The will and 1870 census says her name is Lemindville, in Douglas Co, Mo ) Elizabeth who intermarried with Hiram Dunn, residence unknown Jasper Hurst Arthur C Hurst and Malissa, his wife, residents of Mcnairy County Orator would further state and show that deceased before his death made and published a written will in which he made special provisions for Phebe, his widow and relict. According to the lawsuit, W D Huddleston purchased from Arthur Hurst, 159 ½ acres of land in 1861, bounded by Wm Thompson, L Robinson and Woodville Road. Huddleston claims he paid for the land but Arthur Hurst never made a deed. Huddleston also claims he made improvements to the land. Jasper Hurst, age 38, gave his deposition on March 3, 1873. ‘I heard my Father, Arthur Hurst say that he sold the land to complainant. I heard my Father say that complainant was to give him $550 for the land and that he had paid him for it.’ I think the trade was made in 1862 and the money was paid for the land in 1862 and 1863. Mileage to and from his home to courthouse was 17 miles. Signed Jasper Hurst. A C Hurst, age 24, gave deposition that what Jasper Hurst had said was true. Mileage to and from his home was 17 miles. Signed A C Hurst. Fielding Hurst had sold this land to Nathaniel Huddleston in two tracts, one Sept 17, 1752 for 110 acres; and one Jany 24, 1856 for 99 ½ acres. Nathaniel Huddleston sold Arthur Hurst 209 ½ acres, date unknown for $800. E C Hurst and S Y Hurst were appointed administrators of Arthur Hurst’s estate in 1864 and have since fully administered said estate. Honorable George H Nixon, Chancellor, ruled that W D Huddleston should be given clear title and deed to the land in question. <<<<<<>>>>>> The last Will and Testament of Arthur Hurst of McNairy County, State of Tennessee, abstracts: To wife Phobe Hurst, I give $100 to be paid out of the first monies collected. To my two sons, Jasper Hurst and Arthur C Hurst, my land, consisting of three separate tracts. (1) the one on which I now live known as the Overall tracts containing 175 ac. (2) The Woodville tract containing 65 acres, adjoining the next tract (3) the Andrew Campbell tract containing 100 acres, lying two miles south of my present residence. To be equally divided
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between them at the time the youngest Arthur C Hurst becomes of age. To daughter Lamandeville Hurst the sum of five dollars To daughter Elizabeth Hurst the sum of five dollars To the heirs of the body of my daughter Orlena Owens $200 to be paid to them when they become of age or marry. To my son-in-law, D W Huddleston, one note in hand that I hold against him for $300, also $100 cash. The remainder of my personal estate and chattels I give and bequeath to my two sons, Jasper Hurst and Arthur C Hurst. The same to be sold for cash to the highest bidder as soon after my deceases as possible. I appoint my two brothers E C Hurst and S Y Hurst of this my last will and testament. Signed Arthur Hurst on June 20, 1864. Witness J M Stovall and Wm Thompson. Arthur Hurst could write but the signature is very feeble.
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MARY EMMONS VS P W NORTH
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1871— No 265
Transcribed by Nancy Wardlow Kennedy
Henceford T Emmons, deceased
This case was filed concerning a debt Hansford T Emmons owed P W North. Apparently North owed Emmons but Emmons owed North more. The main issue was money owed for the land Emmons purchased in 1862 or 1863 from Henry R. Sharp and borrowed from P W North. After Hanceford's death, North proceeded to sell this land to L. M. Huggins and Leander Huggins, but Mary felt she deserved at least a dower's right. The judgement, on April 10, 1875, as best as I could determine, gave Mary a dower's right, 55 and 3/4 acres, as long as she lived then it reverted back to P W North or his heirs. This lawsuit gave Hanceford's death at Jan 8, 1870 and lists his children. Apparently, Mary did not list his children by previous marriages in the lawsuit, but Mr North listed the children. (Mary Rushing Emmons was the third and last wife.) He stated, that Robert H, Marion J and George Emmons are not the only heirs of Hanceford Emmons. One petition says Hanceford had six children by first wife, 5 in Texas and 1 in Mississippi, and one or more children by 2nd wife that reside in Mississippi. Another petition lists the children by name: Children by first wife (Mary): 1. Leander, of age 2. Lawson, of age 3. Louvenia in Texas, all of age. 4. Mary, under age 21
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5. Thomas under age 21
6. John (Did not list John - but I assume he is living since the other petition states 6
children by first wife.)
Children by second wife (Mary):
1. Jane, minor living in Mississippi
2. Jefferson, minor living in Mississippi
Children by third wife (Mary)
1. Robert H
2. Marion J
3. George
Apparently one of the older children carried the three younger children with them to Texas and Jefferson was with his step sister Louisa Derryberry Gibs somewhere in Mississippi. I don't know who Jane was with. I haven't found her in 1870.
My notes: Hanceford Emmons was married three times. All wives were named Mary, which made everything confusing. Approximate marriage dates 1847; 1860; 1864. It is thought the first wife was Mary Smith, but that fact has not been proven. The second wife was unknown to me until I found another court case. McNairy County, Tennessee, County Court No 115 concerning the John H Sanders case, lists her as a daughter. She was first married Henry C Derryberry. The third wife was Mary Rushing and their marriage is recorded in the McNairy County, Tennessee, Marriage Records. Nancy Wardlow Kennedy
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FRANCIS KERBY, ETAL VS C M CASON, ETAL
MCNAIRY COUNTY, TENNESSEE CHANCERY COURT
1872 No 273
Transcribed by Nancy Wardlow Kennedy
Reuben Long, deceased
Complaints: Francis Kerby, Joseph Long, William Walker and Susan his wife, James Long,
Robert Rankin & Josephine his wife, Acan Miffle, all of McNairy County, Tennessee
By Francis Cherry administrator of Robert Long, deceased of the County of Henderson, Tenn; John Ingraham and Nimrod Ingraham, administrators of A H Ingraham, deceased; John Aldridge of the County of McNairy County; C M Cason of the County of Madison, Tennessee and A H Skinner, Administrator of J C Hollis, deceased of County of McNairy County.
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Reuben Long departed this life in the State of Texas, Bowie County, about the month of October 1856 where his estate in said state was fully administrated. That said deceased at the time of his death owned effects in the State of Tennessee (Henderson or McNairy County.) Reuben left McNairy County for Texas on August 26, 1856 and was killed in October 1856. Reuben Long left surviving him the following children to wit: Jasper Long, Susan who intermarried with William Walker, James Long, Josephine Long who intermarried with Robert Rankin, Sarah Long who intermarried with Acan Miffley who has since died, leaving no issue Francis Long who is a minor under the age of twenty one years. No widow or wife mentioned in the heirs. At the time of his death, Reuben Long owned considerable estate real and personal in said State of Texas and Tennessee, consisting of lands, slaves and other personal property and debts (owed to him). Robert Long was appointed guardian of minor children of Reuben Long, with John Aldridge and A H Ingraham as his sureties, Dec 6, 1858. Robert Long resigned his position as guardian in the year 1861 and J C Hollis & C M Cason were named as guardians of minors of Reuben Long May 6, 1861. After J C Hollis died, A H Skinner was appointed in his place as guardian. Robert Long removed said slaves to wit: Dick, Mose, Aney, Bell, George, Steve, Puss and some children about the year 1858 from the State of Texas to McNairy County. Robert Long (brother of Reuben Long) died intestate in McNairy County about the year 1868 and H M Burten was appointed his administrator, who resigned and Francis Cherry was appointed administrator. Susan Walker gave this deposition on August 30, 1875. Abstracts: Susan Walker was the daughter of Reuben Long, she will age 34 next month (September) “I returned to Tennessee from Texas in June 1858, all the white children came together at this same time. Robert Long, Sr and John Long moved the family.” Susan married William Walker on February 25, 1859 in McNairy County, Tennessee The negro men were brought back to Tennessee by Robert Long and a Wm Barnhill before Susan married. Susan’s mother had died and Reuben had married another woman, because Susan called her ‘step-mother’ and she had $90, a wagon, a horse and yoke of oxen when they left Texas. There were six children, 2 boys and 4 girls. Two boys being the oldest (Jasper, James, Susan, Josephine, Sarah and Francis. The boys lived or stayed with Robert Long. The step mother had one child by Reuben Long, does not give name or mention again that I could find.. William Walker sold Susan’s interest and Francis’ interest in their inheritance to C M Cason August 1872 for $600 each. Deposition of Francis Long, March 25, 1875. Abstracts: Her father, Reuben Long kept a record of births and she was born May 1, 1851. At the time of the deposition, she is living with her sister Susan. She traveled 26 miles round trip to
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Purdy for depositions. John Alderidge’s deposition, March 30, 1875: says he is about 51 years old When he became guardian of the minor children the slaves were: Dick about 65 or 70, his wife Anie about 50-55. Moses about 21. Bill 13, George 12-13, Steve age 8 and Puss about 6 year old and Babe about one year old. Reuben long went to Texas about one year before he died. John Aldridge traveled 24 miles round trip to Purdy. W J Long, says he did not know how old he was when they left Texas, but they made his step mother pay all the money, about $100 in gold, she had for expenses on the trip. His Uncle Robert Long and John Long came for them. John Long was a gambling man and they would stay as high as 3-4 days at one place. There were six children , the step mother and her child. The step mother had a wagon, the Long children had a wagon with all the heavy ‘stuff’ and a carriage to ride from Texas to Tennessee. They all stayed with John Long’s the first year after they returned. Part of the family went to Robert Long and part went to William Walker’s. W J says he was a good size plow boy but was never paid him for any work. He said James would play rather than work. Money had apparently been misappropriated by both Robert Long and Hollis and Cason. If Robert Long had any money or assets on hand as guardian of the children, it was turned over to Cason and Hollis. The slaves were hired out and it was mostly this money that was never divided among the heirs. This case went to the State of Tennessee Supreme Court in 1877 but was sent back to Chancery Court for defendants to offer additional proof. From 1859 to 1861 the slaves were hired out by first Robert Long, then Hollis and Cason and the heirs never saw any of the money. In 1859 they were hired out for: Dick $80, Amy $60, Mose $125, Bell $65, George $25, total $355. In 1860 Dick $100, Amy $55, Mose $140, Bell $60, George $50, total $405. In 1861 Mose and smaller children $450, Bell $80, George $40, total $570. It doesn’t give any other years except Hollis & Cason hired the slaves out for $795. There were several figures of unaccounted for funds, all over $2,000. Francis Kerby was appointed guardian of Francis Long in Sept 1879. He went to Texas in 1874 to see about here interest in Texas. Apparently money had been misappropriated there also. I could never find Reuben Long’s second wife’s name or which child he had by her or if the child mentioned is Reuben’s child or the child of his wife.
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MCNAIRY COUNTY CHANCERY COURT
JOHN G GOOCH VS JESSE GOOCH, ETALS CASE
1872 No 277
PETITION TO SELL LAND, RATHER THAN DIVIDE IT
Transcribed by Nancy Wardlow Kennedy
Thomas Gooch died — 1864 and left surviving him the following:
1. J G Gooch, age 63, resident of McNairy County
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2. Jessee Gooch, age 61, resident of Mississippi
3. Nichols Gooch, age 59, resident of Arkansas
4. Margaret Gooch, deceased, who intermarried with E Dunaway
(Note - twice, Margaret is mentioned as Margaret Dillon. Ezekiel Dunaway died about
1844, so Margaret probably married again.
1. J T Dunaway, age 35, resident McNairy County (James T)
2. W P Dunaway, age 33, resident McNairy County (William Pinkney)
3. Mary (Polly) Ann Dunaway, deceased, intermarried Henry Ferguson
1. Mary M Ferguson, who married James Melton
2. Nancy J Ferguson, deceased, married Wesley Ramer died without issue
3. James E Ferguson, age 20, resident of McNairy County
4. Hardeman Ferguson, age 18, resident of McNairy Co.
(Note- one place says Henderson, one says Hardeman)
(Polly Ann Dunaway Ferguson, married Henry Roten and had four children:
5. Robert Roten, age 16
6. Francis E Roten, age 12
7. Rachel Roten, age 10
8 Mary Ann Roten, age 2
5. Mary (Polly) Gooch, deceased intermarried with W B Terry, dec’d
1. Amanda Terry married Dr Hodges, resident of Mississippi
2. Annie Terry, married D M Wisdom, resident of Jackson, Madison, Tenn
3. Molly Terry, married James Hart, resident of Jackson, Madison, Tenn
4. Jennie resident of Jackson, Tn
6. William Gooch, deceased left his wife Sarah and 8 children
1. John Gooch,. Age about 30, resident of McNairy County
2. Henry Gooch, age 27, residence unknown
3. James Gooch, age 19, resident of McNairy County
4. Elizabeth, married John Larue, residence unknown
5. Margana (Margaret), married Chanery Miller, resident of McNairy County
6. Caroline Gooch, age 20
7. Jennie Gooch,
8. Annie
Thomas Gooch owned three tracts of land, McNairy County, Range, 2 Section 2. (1.) 200 acres, this land bounded No 2045, heirs of L Gillentin (2) 147 3/4 acres. Bounded by No 1850 A J Ferguson, (3) 47 acres. All lands were sold at public auction at the McNairy County courthouse at Purdy on July 7, 185 for $252.00 by John G. Gooch
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25
JOHN WOODS VS SUSAN ANN WOODS
McNairy County Chancery Court
ca 1873 - 300
Complied by Nancy Wardlow Kennedy
This is a case of ‘he said, she said.’ John Woods and Susan Ann Woods married Dec 30, 1848 and he declares he had be a good and faithful husband, that he treated her kindly and they had four living children and two dead as the result of their marriage. Woods states that after the birth of her first child Mrs Woods became cross and ill toward him and treating him with all kinds of disrespect. She would not let him in the least degree raise their said children or in any wise train and instruct them in any branch of house keeping or labor of any kind and she instructed them to disobey their father the complainant. Complainant would further show that about the year 1862 defendant became hysterical that he gave her reasonable medical attention and that the defendant would refuse to obey the doctor. They had large medical bills. In the year 1866 she abandoned her home and went to her old father who was unable to take care of her that she would remain absent for weeks at a time for six or seven year. Leaving the care of the children on complainant. In March 1873, she procured a wagon and loaded it with her best bed and clothing and her own apparel, moved off his premises, declaring her determination never to live with Mr Woods again. Woods states he has lost all hopes of ever living with her in any kind of peace whatever. Statement dated April 1, 1873. Susan Ann Woods denies all the statements her husband John Woods had made. She thought she had doing pretty good until she got sick in 1862 when her health began to decline and he did not treat her with kindness and tenderness that her condition required, became cross and ill to her and was displease that she could not attend to her household matter. He grumbled about her sickness and the accumulation of medical bills and would order her to leave his house saying that she should not stay in his sight and that he would not be troubled with her finally when she was sick and not able to walk or get out of the bed, he ordered her to leave and told J A (John A) Sanders, their son-in-law to put her in a waggon and haul her like a hog. She charges that she has been driven from her home by her said husband and forced to seek protection and shelter at the house of Mrs J A Sanders, her married daughter. She further charges she is now a refuge and would be homeless if not for the kindness of her son-in-law. Susan states he owned over 200 acres, bound on the west by Harris Cobb, on the north by V M Archer, East by Joel Harris and South by Drew Archer and she has an equitable interest in said land having paid $1,000 dollars on it and some $800 . Also she is the owner of the following personal property to wit: 8 head of hogs, 3 cows & calves, 4 heifers, 7 head of horses. 12 head of sheep and a large amount of house and kitchen furniture. She request alimony to be paid to her. Susan’s statement dated March 4, 1873. State of Tennessee, McNairy county: Articles of agreement made and entered into between John Woods on the one part and his wife, Susan Ann Woods of the other. The said John Woods agrees on his part to give his said wife, Susan Ann Woods, 30 acres of land on the
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south end of his home tract of land. Also he gives her one mule or mare. She is to have choice out of three two mules or grey mare the two mules that she is to have choice of are known as Jake and Bradon and one milk cow and 200 pounds of pork at killing time. The said Susan Ann Woods agrees on her part for and in consideration of the above real estate and personal property given to her by said husband, John Woods. That she agrees to (with) draw her suit against her said husband for divorce and alimony and prosecute the suit no further against him. This 31st day of July 1873. Signed by John Woods, Susan Woods, with John A Sanders, John L Epps as witnesses. Susan Woods could not sign her name. Susan may have filed another case on October 1, 1873. The file does not state when they got a divorce - but they probably did, since he married again in 1875. <<<<<>>>>>> (Note: I can’t remember if this will was in the file or where I found it. I thought it quite interesting, the children of his first wife was not included in the will.) John Woods Will 1891: I, John woods, do make and publish this my last will and testament, hereby revoking and making void all others by me at any time made. First: I direct that my funeral expenses and all my debts be paid as soon after my death as possible out of any moneys that I — of or may first come into the hands of my executors. Second: I give and bequeath all of the residue of my property both real and personal to my children by Louisa, my last wife, towit: David Blair, Joseph Curry, James Garfield, Lucretia, Florence, Mary Thankful, John Sherman, and Thomas Harrison to be used and enjoyed in common until the youngest one becomes of age - when I desire that they divide the same & equally among themselves, and in the event that any one or more of them leaves home before the youngest one becomes of age, then in that event, I desire that they forfeit their share or any rights they have under this will and said shared rights to go to those who do not forfeit their rights, to be equally divided among those living up to this will. Lastly, I hereby nominate and appoint W H Maness and D L Archer my executors. In witness whereof, I do this my will set my hand, this September 9, 1890. Signed John Woods. Witness: Wm McCaskill and P W Archer. The will was presented in open court January 5, 1891.
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ELIZA PRESTON VS J R PRESTON
McNairy County, Tennessee, Chancery Court
Dec 6, 1873 # 307
Transcribed by Nancy Wardlow Kennedy
DIVORCE
Eliza Preston, formerly, Liza Case of McNairy County, Tenn VS Jef R Preston, Resident
of State of Arkansas.
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Eliza Case and Jef Preston married in Jefferson County, Arkansas in December 1871 and lived together as husband and wife until about the month of April in the following year. Complainant said the Defendant left her and refused to contribute any thing to her support and she was compelled to return to McNairy county to friends and relatives. Aaron P Gage testified for Eliza Case Preston and stated after he spent the money she had received form her guardian he abandoned her. Samuel C Jones was security for Eliza Case Preston. The divorce was granted April 10, 1874.
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JOHN A HOOKER, ETALS VS H H HOOKER ETALS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1874 - No 311
Transcribed by Nancy Wardlow Kennedy
* John A Hooker * J M Osborn and wife Sirena * Hester Ann Woodard, formerly Hester Ann Hooker and relect of Gilbert Woodard, dec’d; * Eliza English who intermarried with William Hooker who died and left the following heirs: Franklin Hooker A M Hooker Thomas Hooker Mary Jane Smith Layfayette Smith & wife Martha * Elizabeth Hooker who intermarried with John Wardlow (All citizens of Mississippi except heirs of William Hooker and Elizabeth Wardlo
VS
* H H Hooker
* A J Hooker
This lawsuit concerns the estate of Samuel B Hooker, who died in McNairy County, Tennessee on or about August 26, 1869. A J Hooker was appointed executor of the estate Jan 5, 1870. Samuel B Hooker owned 290 acres in McNairy County, near the community of Guys. After old Samuel B. Hooker died, 2 or 3 lawsuits were filed in Chancery Court of McNairy County. Sometimes it would b e A J Hooker vs H H Hooker, then it would be John A
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Hooker vs Harrison H Hooker, Jno A Hooker vs A J & H H Hooker. It was nearly always someone against H H Hooker. H H Hooker usually the defendant. His name was Harrison H Hooker and A J Hooker was called Jack.. Apparently all the cases were combined into case Number 311. Some of this same information is in Case 421, D R Hooker vs H H Hooker Andrew Jackson Hooker and Harrison H Hooker were sued by some of their siblings because of the transac tion about H arrison Hooker purchasing the Samuel Hooker far m. Most thought it did not actually take place that Harris on took advantage of his father's feeble condition. The land which was supposed to have been sold for ove r $2,000 was sold at public auction for $500-600 dollars. Greed seems to work its way most time into nothing. Part of the land was reportedly sold to D R Hooker for $1,300 which was null and void after the public auction. After the death of Samuel’s wife, Jack and Harrison Hooker took care of his business and at one time sold part of the land and household furnishing, proceeds which were not divided among the other children. Some of the children claimed, Samuel B. Hooker's mind was bad and Jack and Harrison took advantage of him. During the depositions, I gather Samuel B was well thought of and called a gentleman. Samuel B Hooker died August 27, 1869. The Coffin made by P W North cost 11.80 $5.00 for labor . 50 feet of l umber $1.00, made with coffin tacks, nails and screws. He used 5 1/2 yards of alpaco, 6/1 2 yard domestic, 5 yards black edging, 2 yds velvet lining and velvet tape. The clothing to bury Samuel Hooker was purchased from F H Sanders & Bro. 1 Black coat $14.50, 1 pr pants $8. 00, 1 jaconet .50 cents, 1 pr s hoes 2.75, 1 pr hose .50 cents, 1 p r white gloves .50 cents, 1 Black Italian Vest 2 .75. Total cost $29.50, I thought it was really wonderful about th e white gloves. In the court document Samuel is called once Brown Hooker. Some called him "Uncle Browney A thought for the Hooker master-minds. There is almost, a lways a D R Hooker and a Thomas Hooker in every line that is associated to us? There is always a Martha. (This may be a note from my file and not in the lawsuit.) Harrison tried his best to get the farm of his father . H e had a deed made and hid it in his trunk. Someone b roke i nto the trunk and got the deed and Samuel got it an d gave it to his wife Barsheba. She put the d eed under t he head o f her bed and send for Jack. She gave the deed t o J ack an d told him the land was not to go to Harrison. S he died no mention after that. The one thing I noticed, is the lawyer usually called Samuel Hooker as t he 'old man,' instead of using his name. I thought this was quite dis\ respectful. Harrison H Hooker states his mother died Oct 22, 1866
Nine originial heirs:
1. William Hooker, who is dead,
The 7 heirs of WM Hooker:
1 Eliza English (his widow who remarried),
2 Mary Jane who married a Smith
3. Thomas J
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4 Martha Ann Smith,
5 Franklin Hooker,
6 Armstead Hooker and
7. A Z or A L married W A Derryberry and was dec'd by 1874. She had a son name
John Derryberry? Her husband also died. The son went to Arkansas? (that makes 6 children
and widow of Willian N.) (My note)
2. Elizabeth Wardlow married John Wardlow
3. A J Hooker
4. Hester Ann Woodard married Gilbert Woodard
5. H H Hooker
6. J A Hooker
7. Susan A Hooker
8. Sarah Osborn (Sirena Ellen or Cyrena)
9. Thomas B Hooker, decd before 1869, left one heir surviving him, Dona Hooker
There is listed a Josephine Hooker, this is Donia, in the 1860 census she is listed as
Caldona J.
Another page states on Oct 7, 1878: Wm Hooker, deceased left the following heirs at law: his widow, Eliza, M. J.( Mar y Jane) Smith, T. J. Hooker, M. A. (Martha Ann) Smith , W. F Hooker, A M Hooker, A Z Hooker w ho intermarried with W A Derryberry who has since died and left surviving her J. F. Derryberry. I beg to further report that D R Hooker has purchased the interest of the following heirs of the said Wm Hooker, deceased: Eliza English formerly Eliz Hooker, widow of said Wm Hooker, T J Hooker, M F Hooker, M J Smith. In all 4 shares of one interest. Other interesting notes: John N Barnhill says he had known Samuel B Hooker since 1831 or 1832. " When I first met him he lived about 15 miles me but then lived about 6 miles from me." John Barnhill also states that S B Hooker was a 'very old man'. T he person that interviewed Barn hill and Dr Ramer, called S B Hooker 'the old gentleman.' O L Meeks stated that he had known S B Hooker since 1843 and had lived within 3/4 a mile since 1846. Martha Ann Smith's deposition states she is ca 36 years and a granddaughter of S B Hooker and that she lives has know n him for 19 years and in 1875 she lived about four miles from him and her grandmother died in Oct nine years before which would be 1866. A M Hooker is the son of William Hooker, dec. William had died 22 years before which would be about 1853. A M states - "My grandfather has 9 heirs and representatives and there are seven of us. So I am entitled to one seventh of one ninth of my grandfather's estate and I considered I got what I was entitled to after we figured on the division o f the estate. (He sold his interest of his land to D R Hooker for $36.50) D R Hooker is the son o f A J Hooker, grandson of Samuel. D R Hooker, son of James Nathan Hooker, of Alabama, bough t Mary Jane Smith and Thomas Hooker's interest of the land . There was such a mix u p about this land, I am not sure he got to keep it.
30
J. M. Osborn gave his deposition. He was marri d to the daughter of Samuel B Hooker. He stated he had been acquainted with S B Hooker since 1848 and in the family since 1857. He also stated that Samuel B Hooker' s mind , prior to his death was in a disrainged state and that he did not transact any business after 1865 placing his business in the hands of A J Hooker and Harrison H Hooker. At that time S B Hooker would stay with his daughter, Elizabeth, the Osborns , and many times he would not know his daughter, grandchildren or son in law. Samuel B Hooker died Aug 26, 1869. According to Osborn, H H Hooker lived with his father fo r 2 -3 years be fore his death. Osborn thought the Hooker land was worth about $2,000.00 at the time of his death. Deposition of John M. Hamm. John Hamm lived about three miles from Samuel Hooker and called him "Uncle Browny." Hamm did not know Samuel Hooker's mind was bad and appraised his land at $2,500.00 - 3, 000.00. He stated he always called Mr Hooker, ‘Uncle Browny. According to J H Nolen, age 30, who knew S B Hooker for two years, Hooker on his death bed made out a deed to H H Hooker for his land, which H H was to pay him $3,60 0.00. C C Burns, age 64 years old, had known S B Hooker since 184 4. Elizabeth Wardlow, age 61 years, daughter of Samuel B. She lived between 1-2 miles of her father for the past 3 0 years. A J Hooker (Andrew Jackson Hooker, also called Jack in this lawsuit) was 49 and states that his father was 86 years and 6 days Susan Hooker, age about 48, stated Samuel B was 86 years old on the 20th or 21st day of Aug (1869) and died on t he 29th day I V Hooker was a son-in law of A J Hooker. I V stated he met Samuel B Hooker August 6 1869 and says in 1875 that he is 25 years old. John N Barnhill says he had known Samuel B Hooker since 1831 or 1832. " When I first met him he lived about 15 miles me but then lived about 6 miles from me." no statement tells us about when Samuel B Hooker came to McNairy County. John Barnhill also states that S B Hooker was a 'very old man'. T he person that interviewed Barn hill and Dr Ramer, called S b Hooker 'the old gentleman.' A W Smith gave his deposition. He said he was age 33 and had known S B Hooker since he was a boy. He states h e is related by marriage only to some of the complainants. He stated the Mr Hooker was in good mind. " He came to Mrs Wardlow's and come to the door where we were sitting. Mrs Wardlow went to the door to help the old man in, and he said ' get away Betsy, I can get in by mysel f. ' Mrs Wardlow said that he must be getting along better than usual and he said 'yes, he thought he would soon be able to marry a gain.' I considered his mind good then . The last time I saw him was in the fall of 1868 and David Hooker had t o help him down off his horse. I V Hooker was a son-in law of A J Hooker. I V stated he me t Samuel B Hooker August 6 1869 and says in 1875 that he is 25 years old. John A Hooker states that six children were living at the time of Samuel Hooker's death, but apparently he did not count himself. (Samuel's son, Thomas B Hooker died in the Civil Ward , and William N Hooker died in Alabama.) He also said Samuel had two brothers living at the time of his death that William and Thomas died before Samuel.
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O L Meeks stated that he had known S B Hooker since 1843 and had lived within 3/4 a mile since 1846. T B Hooker also gave a statement in 1875 and states he is 3 5 years of age. T B was asked about his interest in t he old Samuel Hooker lands. H is answer "I think it was in Dec 18 70 we bought the land tract, twit: my father , J N Hooker, my brother, D R Hooker, and myself. I move d the re in January 1871. " Question: "When you, your father and D R Hooker purchase d , what was you to give and the payments." Answer "We agr ee d to give $3900. (with payments up through Christmas 18 75 ) We took bond for title and I failed t o pay my part and father and brother let me out and took upon themselves the payments. My father and brother failed to make their payment s ." Question: "What relation are you to defendant A J Hooker ? " (A J is Samuel's son). Answer: "He's second cousin to me." So T B Hooker son of James N Hooker is a second cousin A J Hooker, son of Samuel Hooker. John stated that his parents had six children living at t h e time of their death and two brothers William and Thomas deceased before the death of his father. John also stated that he sold the place to James Hooker , ' a cousin of mine' the father of D R Hooker. I have not proved Thomas purchased the land. John though t D R Hooker came from North Mississippi. David R Hooker's deposition: 1875. He states that he is 3 0 years old and that on Feb 4, 1873 he purchased 100 acre s for $13.00 per acre. (This is the $1,300.00 that never go t into the estate. David R owed Harrison and Harrison owed the estate and Harrison never paid the estate. So they had to sell the remainder 199 acres at auction and got 5-6 hundred dollars.) The land was mostly woods and he cleared about 23 acres and built a house, fenced in about 50 acre s and sold some crossties . He was asked where he lived prior to coming to McNairy County and answered, "I came fro m Winston County, Mississippi about Christmas 1869 and had lived there two years before that time.". D R apparently came to McNairy County ca Jan 1869 Nancy Jane gives the statement that she is the wife of A J Hooker. John Hooker gives the statement (in 187 ) th at he is 84 years old and he is a brother to the deceased Samuel Hooker. During the last three years of Samuel's life he stayed a lot of the time with A J and Nancy Hooker. Nancy was asked "How often did your father, John Hooker, visit his brother during the time he (Samuel) stayed at your house?" Her answer "I don't recollect but he would visit about twice a year I think.' John Hooker in his deposition Sept 1 1875 said he was 84 years old and his talk was of fairly well educated man , as was almost everybody's in this deposition. He signed his name John S Hooker. He state d he was 84 years old and was the brother of Samuel B Hooker. He visited his brother in February before he died. He stated he lived 15 miles a way from Samuel He could write. John Hooker, aged 84 years old, a brother of Samuel B Hooker, lived about 15-16 miles apart. John visited Samuel 2 - 3 times a year. John stated that Samuel was a few days of his 87th year. (John lived close to Adamsville.)
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W. T. MOORE VS THOMAS E. PEARSON, ETALS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1874 No 312
transcribed by Nancy Wardlow Kennedy
Indebtedness
In the Ninth Chancery court including the County of McNairy
W. T. Moore, Dickson Etheridge and Elias Etherdige
VS
Thomas E Pearson, J P Pearson, J P Maness, W H Estes and C Shull
Thomas E. Pearson was at the September 1872 term of the County Court of the County of McNairy, was appointed guardian for Roxy A. Reed and Alice Reed, minor children of T. W. Reed, decd, and who were the step children of said Thomas E. Pearson, he having married the widow of said deceased and the mother of said minors, and as such guardian he executed his bond in said court for the sum of two hundred dollars, and W. T. Moore, Dickson Etheride and Elias Etheridge as his securities. Thomas E. Pearson is about to remove himself and his property together with the funds belongs to his said wards beyond the State of Tennessee to the State of Missouri, without having made a settlement of his said guardianship. Complainants also state Thomas E. Pearson was the owner of a steam saw and grist mill and fixtures encumbered with a lien of some five or six hundred dollars, they were informed that sometime in the month of January the said Thomas E. Pearson sold steam saw and grist mill and fixtures to J. P. Maness for the sum of fifteen hundred dollar and paid off and discharged said lien and J P Maness executed his note for the sum of one thousand dollars due 15th day of November, next; with W. H. Estes and C Shull as securities. The note was also made payable to J P Pearson, the son of Thomas E. Pearson. This is considered a fraudulent to keep Thomas E. Pearson from paying his debts. Dated March 3, 1874
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MILLS VS PEARSON
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1874 - 316
Transcribed by Nancy Wardlow Kennedy
Indebtedness
William A Mills, adm of F. W. Gorrell, dec vs Thomas E. Pearson, J P Pearson of the State of Missouri and J. P Maness, W N Estes and C Shull and Marion G. Neal, of the State of Tennessee.
In Hardin County, Tennessee Circuit court, one J P Killpatrick recovered a judgement against Thomas E. Pearson and said F. W. Gorrell with W A Mills as security in an action of replevin brought by said Thomas E Pearson against Killpatrick for the sum of three hundred and twenty seven dollars. The same was levied against the land of said intestate and the land will be sold for the satisfaction of said judgement. Thomas E. Pearson was the person liable for said judgement and now the heirs of F. W. Gorrell will have to pay the judgement with the sale of the lands they inherited. Filed March 30, 1874. This case also refers to case 312, dated March 3, 1874.
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MCNAIRY COUNTY CHANCERY COURT
JOHN KERBY VS ROBERT BEATY
July 26, 1875 - No 338
Transcribed by Nancy Wardlow Kennedy
John Kerby and his wife Sallie Kerby, citizens of Purdy, McNairy County, Tenn
vs
Robert M Beaty, a citizens of Texas, George W Beaty, John Beaty and
Mary Ann Roten, citizens of McNairy County, Tenn.
This lawsuit was mostly between John Kerby and John Beaty over the land left by William Beaty. John Kerby says John Beaty has owed him $225 since 1853 for paying off the amount owed to W S Wisdom. Beaty says he worked with Kerby and the time worked was supposed to have been taken off the amount he owed. It is a case of 'he said and he said." William Beaty died intestate in McNairy County, about the year 1846, leaving surviving him Lettis Beaty, his widow and relect and Elizabeth Beaty, Sallie Kerby , formerly Sallie Beauty, John Beaty, and Mary Roten, formerly Mary Beaty, his only heirs at law. William owned two tracts of land, one with 135 acres and one with 180 acres and owed
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William S Wisdom some money and put these two tracts of land as security. Apparently Wisdom was about to foreclose on the land which would leave the wife and daughter Elizabeth in indigent circumstances. Elizabeth Beaty and brother John Beaty were to jointly pay the debt owed so their mother would have a place to live for the remainder of her life. Elizabeth paid her half within a short time leaving about $200 still due and to be paid by John Beaty. Elizabeth Beaty died intestate in McNairy County, Tenn August 22, 1851, leaving John Kerby and his wife Sallie Beaty Kerby, John Beaty and Mary Beaty Roten her only heirs. Nearly the whole of her personal property was left to the use and benefit of her mother. After Elizabeth's death, John Beaty moved in with his mother and took possession of the land. On November 9, 1853, John Beaty had failed to pay W S Wisdom the amount due and John Kerby paid Wisdom the amount due of $225 and Wisdom gave Kerby his warranty deed. John Beaty executed his promissary note of $225 to John Kerby for the payment of the land. John Kerby held the note of John Beaty in the amount of $225 from 1853 to Dec 5, 1874 and a verbal agreement between John Kerby and John Beaty, Robert M Beaty and George W Beaty. Since John Beaty, Robert M Beaty and George W Beaty failed to pay, John Kerby filed a complaint July 26, 1875 for $266.25 for amount due. John Beaty said he and his wife were in indigent circumstances and getting older and that they should have a home and John Kerby should make a new note to his sons George W Beaty and Robert M Beaty to pay the $225, although he had approximately 21 years to pay it. In 1880 a commission was appointed to divide the lands of William Beaty who died in 1846. John Beaty shows 60 ac, Mary Roten 69 ac and Sally Kerby 52. Apparently this was the 180 acre tract. John Kerby died before March 1882 and R F Beard was appointed administrator of his estate. Sept 8, 1880 John Beaty was 68 years old. He says he did work for John Kerby and the pay was supposed to go toward what he owed. He tells about the war years and they always had plenty of meat. At times John Kerby had to go to Paducah, Memphis and other places to get food and supplies. One trip of supplies may have been destroyed by the federal army. John Kerby was aged 65 when he gave his deposition October 8, 1881. Sallie Kerby was age 64 when she gave her deposition October 8, 1881.
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MCNAIRY COUNTY TENNESSEE CHANCERY COURT
J R CYPERT OF NEW YORK VS D T ATKINS, ETAL
1875 No 349
Transcribed by Nancy Wardlow Kennedy
Indebtedness
Cyprert received a judgement in the amount of $686.70 against E D L Atkins, etal on Nov 16,1860. E D L remained in McNairy County until 1862, when he removed to the State of Arkansas and died ca 1873 with no assets. This judgement was stayed by D T Atkins, meaning he went on the bond with him and since E D L Atkins cannot pay, they are looking to D T Atkins to
35
pay. D T Atkins is the owner of a parcel of land 120 acres, ½ mile east o Montezuma, which he purchased from C M Cason for about $1500.00. Apparently D T Atkins still owns the land, but still owes Cason, so he won’t give up the title until the note is paid.
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MARY MCGUIN VS NOAH MCGUIN
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1877 - No 364
Divorce
Transcribed by Nancy Wardlow Kennedy
Mary Wooten McGuin was granted a divorce April 6, 1 877, received her maiden name back and the 30 or 40 acres. I have not researched Noah to see what happened to him or where he went, but apparently he left McNairy County since she got the land. They married Feb 4, 1874 in McNairy County.
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R I WALKER VS CLAIBORN MCCULLAR, ETAL
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
No 365 - 1877
Transcribed by Nancy Wardlow Kennedy
S W McCullar, deceased
R I Walker, administrator of the estate of S W McCullar, deceased VS Claiborn McCullar, Frank L McCullar, J O McCullar, Jennie Graham formerly Jennie McCullar who intermarried with C S Graham, L S McCullar, Georgia McCullar, age 14, and William McCullar age 13, the last two being minors and have no regular guardian, and David Horn, late administrator of the estate of S W McCullar and his securities, J F McKinney, J M Huggins and W W Lindsey, all citizens of McNairy County, Tenn.
S W McCullar, a citizen of McNairy County, died intestate in McNairy county April 1876 leaving surviving him J O McCullar, his widow and relect; F L McCullar, Jennie Graham, L S McCullar, Georgia A McCullar and William McCullar. S W McCullar, during his lifetime was engaged in the business of retail merchant at Chewalla, Tennessee in his own name up to January 11, 1873, when Claiborn McCullar was admitted as a partner. Claiborn McCullar put into the firm $1,127.99 against the then stock on
36
hand of S W McCullar amounting to $3,533.98. The said S W McCullar to enjoy 3/4 of the profits and sustain 3/4 of the loss. The said Claiburn McCullar to enjoy 1/4 of the profits and sustain 1/4 of the loss. The firm name was S W McCullar & Co. The firm continued until about March 1, 1876, when F L McCullar, son of S W McCullar was admitted as a partner, purchasing 1/3 of his father’s interest. S W McCullar owning ½ interest, Claiburn McCullar 1/4 interest and F L McCullar 1/4 interest. New name was S W McCullar, Son & Co. This firm continued only a short time when S W McCullar died. The surviving partners had to close the business until David Horn was appointed administrator of the estate. Goods on hand when Horn took charge as administrator was $2,677 and cash 164.15. ½ of this amount belonged to the estate, the other half to the partners. Walker implies some of the funds were missing, and David Horn, the first administrator did not do his job. Claiborn McCullar filed his petition for bankruptcy Feb 1877 . The store owed about $3,000 and S W McCullar personally owed about $1,500. The store account amounted to about $2,620.73, many of them worthless. The property S W McCullar owned will have to be sold to pay the debts. The widow, J O McCullar, has had her homestead and dower, 45 acres out of the first tract, assigned her out of the real estate and given her year’s allowance. 300 acres less the 45 acres for widow’s dower, 101 acres, 25 acres. Some of this land bordered the Memphis & Charleston Railroad. Also two town lots in Chewalla. There is also a mention of land purchased from R S Houston. Signed R I Walker, March 26, 1877
Depositions taken at the Clerk & Master’s Office in Falcon, TN, March 16, 1886:
R I Walker, age 57. Walker states these accounts are insolvent, at the date of S W
McCullar’s death.
| Adams, J M, | Boyd. J G | Dancer, P | Faulkner & |
| Adams, Wm | Boyers, J M | Deming, W J | Parkerson |
| Adams, WM | Bray, J G | Derryberry, B W T | Ferguson, Jas |
| Austin, Lewis | Brewer, Bill | Derryberry, Jasper | Ferrell, J L |
| Austin, J C | Bridges, J L | Derryberry, Jerry | Ferrell, Wm |
| Austin, J H | Bridges, G M | Dillingham, Jas | Ferrell, M M |
| Austin, Lewis | Bridges, J P | Dillingham. Joe & | Fulton, G B |
| Ayen, T N | Burns, AP | Graham | Gallahaugh, Andy |
| Ayers, T M | Butler, L A Mrs | Dixon, J T | Gillespie, G |
| Baker, Rich | Butler, A | Dobbins, C F | Graham, C S |
| Bayers, J M | Cardwell, Thomas | Driskell, Evelin | Graham, J H |
| Biggs, R W | Chambers, Nat | Driskell, Nan | Graham, Bill |
| Blankenship, J J | Chambers, Zach | Eaker, D W | Graham, W M |
| Boatman, Louisa | Chambers, Reuben | Eaker, T W | Graves, G W or J |
| Boatman, Henry | Churchwell, P | Elroy, C M | Guess, John |
| Boatman, J L W | Coleman, C | Emmons, N N | Harbin, Albert |
| Bowers, Levi | Coleman, C A | Emmons, H N | Harbin, H Mrs |
| Bowers, Levi | Coleman, S M | Harbin, Elbert |
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| Harbin, Bud | MCCullar, | Roberts, Till | Thrasher, Wis |
| Hawkins, George | McElory, J H | Rodgers, W C | Tucker, T J |
| Hawkins, J T | Meeks, Robert | Ross, Nancy | Tucker, Dan |
| Haynes, Jas | Miller, Wash | Saxen, H H | Tucker, T J |
| Henderson, W C | Monroe, J F | Scott, J | Turner, M M |
| Hendrix, G L | Morphis, W J | Shelton, J A | Vanstory, Samuel |
| Henley, J C | Mucklery, J & Wm | Shelton, W A | |
| Hicks, J C | Mynatt, J L | Shelton, S E | |
| Hogan, Jane Mrs | Neill, J C | Smallwood, G D & | |
| Holyfiled, E C | Newell, John | Potts, | |
| Hooker, A M | Newell, Mollie | Sweat, L H | |
| Hooker, T J | Nickols, A B | Sweat, Issiah | |
| Hooker, A N | Null, Mrs L M | Tate, Marvin | |
| Hooker, Duck | Null, Charles | Tate, Dewit | |
| Houston, R W | Null, W J | Tate, E M | |
| Huggins, John | Parchman, Ward | Tate, Marvin | |
| Hurst, E D | Parkerson, Dan | Tate, C Z | |
| Jeans, C M | Parkerson, D P | Tate, J W | |
| Jones, W E | Parkerson, R | Tate, E C | |
| Jones, J B | Parkerson, Kelly | Tate, J W | |
| Jones, W E | Mrs | Taylor, R E |
King, Jack Parkerson, Barb
King, Elgin Parkson, John
King. T B Phillip, Shack
Kirk, G D J Phillips, W J
Kirk, Giles Phillips, H C
Lambert, Fannie Pittman
Lambert, Mollie Pittman, A Z
Lambert, J L Pittman, V A
Lambert, Billie Pittman, E A
Lambert, J P Price, W E
Layton, W M Ramer, T J
Layton, G W Ramer, Elgin
Lewis, B H Ramer, W C
Mask, W F Ramer, E A
Mason, G W Rankin, J A
McCullar, J A Rankin, W P
McCullar, C M Reed, W M
McCullar, T S Reed, W M
McCullar, P Reynolds, Wm
McCullar, F L Reynolds, W M
McCullar, C Richards, D W
McCullar, J O Mrs Richards, D W
McCullar, S W Roberson, T J
McCullar, C M Roberts, J N
McCullar, F L Roberts, M M
McCullar, T S Roberts, W M
38
Walker, K M Wrenn, J H
Washinton, George Wright, Finnis
Wilmeth, B F Wright, M A Mrs
Wilmoth, G W Young, S F
Woods, A
Wren, H C Young
, Samuel
Mrs Jane Hogan is mentioned as deceased. March 18, 1886, R I Walker, states J O McCullar, the widow of S W McCullar is now deceased and been has been dead some time. F L McCullar, age 32 states: He owned 1/4 of the business, Claiburn McCullar owned 1/4 and S W McCullar owned ½. At the death of S W McCullar, David Horn, the executor of the estate at the time, inventoried the goods and turned it over to the surviving partners. They continued to sell the goods and pay the profits on the debts of the business. Claiburn Mccullar then filed bankruptcy. All the goods under the bankruptcy and those owned by F L McCullar were sold to pay the debt of Hill, Terry & Mitchell, maybe ca 1879. F L McCullar was a witness in that case and has testified twice in this case, once in March 1884 and one time before that. F L McCullar states the following concerning the accounts at the time of his father’s death: T J Tucker, G E Schilling, J W Graves and D W Richards could have been contacted. John Rowsey - insolvent. D C Mitchell and Dave Turner were considered good but they lived in Mississippi. Some accounts were good but no money could have been made out of execution. His mother, J O McCullar, has been dead two years or more. There are four heirs: himself, F L McCullar, T S McCullar, Jennie Graham and Georgia Derryberry. Some valuable timber was cut off the land by T L McCullar, T S McCullar, George ? McCullar and some by person unknown. $130 rent was received off the land last year. March 16, 1886. F L McCullar could sign his name. David Horn age 70, state: D W Richard was a farmer and run a cotton gin and had left the state before the death of S W McCullar. These accounts struck off and sold to J W Walker for .05 cents: T J Tucker, S E Schilling, Sam young, Mollie Newell, J W Graves, John Johnson, Patrick Scully, Mary turner, Albert Harbin, V A Pittman, J W Leatherwood, W J Null, Eliza Hooker, J F Hensley, Willis Nelson, J W West, Z T Gwynn, John Ramsey, G W Thrasher, Jno L Briggs, W H Richardson, W H Hamilton, E H Pittman, B T Davis, O F Lamberth, Bill Nelms, Taby Nickols, Bill Lamberth, T H Maberry, A Woods, Lafayette Smith, Jack Bass, R J Howell, John Smith. Hargroves & Lamberth, J P Phillips, Jas Dillingham, W E James. J H Walker, J M Harrison, M A Butler, Louis Austin. A P Burns, J M Guess. W E Jones. R Bradley, G W Graham, Reuben Chambers, E Z Tate & D W Richards, W H Bass, J W Graves, T J Tucker, C B Rodgers, E D Hurst ?, C F Dobbins, Julia Smith. E M Tate, D W Eaker. Lue Campbell. R W Biggs, J B Jones, W H Hogne ?. R Long, Jas Biggs, Jno R Rollerson. Jas Eaker These accounts struck off and sold to J W Walker for .25 cents: Hayan Woodward, Jack King, W E Price, Alex Bailey, Ben Anderson, Mrs L M Hail, N L C Derryberry, J H
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Austin, Ed Steen, Clint Claxten. Monroe Phillips, C A Coleman, W M Stewart, Ward
Parchment, Finnie Wright, L M Coleman, Wm M Reed, F L McCullar. C Mask, Charles Deloch,
These accounts struck off and sold to J W Walker for .20 cents: J M Dixon, George Howie, Billie Phillips, E Paysinger, W M Adams, Julius Camp, T M Clear, Marilda Smith, S E shelton, L H Sweat, Nute Easley, J T Hawkins, Ann Patterson, C G Graham. These accounts struck off and sold to Ben Baysinger for .05 cents: R W Long, J G Bray, J W Tate, S L Reynolds. These accounts struck off and sold to J W Walker for $1.25: S F Young. These accounts struck off and sold to R I Walker for .25 cents: J & W McElroy, J M Walker. These accounts struck off and sold to J C Ijames for .10 cents: B T Morgan. These accounts struck off and sold to Cobb for .30 cents: W J Morphis. These accounts struck off and sold to J C Ijames for .05 cents: J F Gurley, C A Burrow. D C Mitchell, Jas A Osborn. J W Graves, C W Baker. W P Ranking, J P Lamberth, A McCuller. M Nelms, A M Erwin, J C Hurley, A C Mcculler, J J Turner, J B Tassell, Nancy Rose, B H Lewis.
These accounts struck off and sold to R I Walker for .05 cents: John Franklin, David Turner. Dan Parkerson, W J Morphis, John Parkerson, T D Hobgood. These accounts struck off and sold to Polk Lawson for .95 cents: Jeff Smith. These accounts struck off and sold to J W Walker for $1.50: C M Elroy, J C Austin. These accounts struck off and sold to J W Walker for $1.25: S F Young These accounts struck off and sold to J H Ammons for .30 cents: G D Freeman, J G Richard, Wes Thrasher. These accounts struck off and sold to J W Walker for .85: F L Mccullar, D W Eaker, Bill Layton. These accounts struck off and sold to J W Walker for $2.00: W M Ferrell, J P Bridges, Bill Layton, G Gillespie, J S Rankin, T S McCuller. These accounts struck off and sold to B W T Derryberry for .30 cents: Wm Ferrell, A Butler. Dan Parkerson. These accounts struck off and sold to T L McGraw for $2.65: H C Wallis. These accounts struck off and sold to J N Bullman for 10 cents: Mollie Lamberth. These accounts were sold to various people for various prices: J M Faulkerson, Mrs H Moss, D C Mitchell, J C Butler, H C Wallis, Giles Kirk, Wm Ferrell, L A Butler, Gus Harrison, Almedia Shepard, Jas Wallis. These accounts struck off and sold to R I Walker for .50 cents: J J Blankenship. These accounts struck off and sold to R I Walker for %5.30: P M Mccullar. These accounts struck off and sold to Wm Henderson for 10 cents: Thomas Cardwell. These accounts struck off and sold to Elijah Smith for .10 cents: George Smallwood. These accounts struck off and sold to Green Stanley for .05 cents: W M Tuner, R B King, Jas Smith, Levi Springer. These accounts struck off and sold to Polk Lawson for .35 cents: W C Rodgers, G M Bridges, M Nelms.
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